2–27–09 Friday Vol. 74 No. 38 Feb. 27, 2009
Pages 8845–9044
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Contents Federal Register Vol. 74, No. 38
Friday, February 27, 2009
Agriculture Department See National Oceanic and Atmospheric Administration See Forest Service See National Telecommunications and Information NOTICES Administration American Recovery and Reinvestment Act of 2009 Broadband Initiatives, 8914–8915 Committee for Purchase From People Who Are Blind or Severely Disabled Army Department NOTICES See Engineers Corps Clarification of Scope of Procurement List Additions: 2009 Commodities Procurement List, 8901 Blind or Severely Disabled, Committee for Purchase From Procurement List; Additions and Deletions, 8901–8903 People Who Are Procurement List; Additions and Deletions; Correction, See Committee for Purchase From People Who Are Blind or 8903 Severely Disabled Defense Department Centers for Disease Control and Prevention See Engineers Corps NOTICES Board of Scientific Counselors, National Institute for Employee Benefits Security Administration Occupational Safety and Health; Charter Renewal, 8962–8963 NOTICES Meetings: Prohibited Transaction Exemptions and Grant of Individual Disease, Disability, and Injury Prevention and Control Exemptions: Special Emphasis Panel; Assessing the Accuracy of D–11481, CitiGroup Inc. 2009–06; D–11484, Robert W. Self-Report of HIV Testing Behavior; Correction, 8963 Baird & Co. Incorporated, 2009–07; D–11490 Disease, Disability, and Injury Prevention and Control Raymond James & Associates, Inc., 2009–08; et al., Special Emphasis Panel; Extension of the World 8992–8997 Trade Center Registry, Request for Applications, 8963 ICD–9–CM Coordination and Maintenance Committee, Energy Department 8963–8964 See Federal Energy Regulatory Commission NOTICES Centers for Medicare & Medicaid Services Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 8922 Medicare Program: Application to Export Electric Energy: Changes to the Medicare Claims Appeal Procedures; Saracen Power LLC, 8922–8923 Continuation of Effectiveness and Extension of Timeline for Publication, 8867–8868 Engineers Corps NOTICES NOTICES Agency Information Collection Activities; Proposals, Environmental Impact Statements; Availability, etc.: Submissions, and Approvals, 8964 Brazos River Harbor Navigation District’s (Port Freeport) Medicare Program: proposed widening of the Freeport Harbor Ship Application of the Utilization Review Accreditation Channel, 8915 Commission for Deeming Authority for Medicare Gulfport Harbor Federal Navigation Project, Harrison Prescription Drug Plan Sponsors, 8967–8969 County, MS, 8915–8917 Medicare Program: Hawthorne Mill Project, Fairfield, Solano County, CA, Application by the American Association of Diabetes 8917–8918 Educators (AADE) for Recognition as a National Little Colorado River at Winslow, Navajo County, AZ; Accreditation Organization (NAO) for Accrediting Feasibility Study, 8918–8920 Entities to Furnish Outpatient Diabetes Self- Southwest Coastal Louisiana Feasibility Study, 8920– Management Training (DSMT), 8965–8967 8921 Meetings: Southwest Florida Feasibility Study/Watershed Plan, Lee, Medicare Program; Calendar Year 2009 Healthcare Collier, Charlotte, Hendry, Glades, and Monroe Common Procedure Coding System Coding and Counties, FL, 8921–8922 Payment Determinations, 8969–8972 Environmental Protection Agency Civil Rights Commission RULES NOTICES Approval and Promulgation of Air Quality Implementation Meetings: Plans: Alabama Advisory Committee, 8903 New Hampshire; 2009 Motor Vehicle Emissions Budgets for the Boston-Manchester-Portsmouth (SE), New Commerce Department Hampshire, 8-Hour Ozone Nonattainment Area, See Foreign–Trade Zones Board 8863–8867 See International Trade Administration Final Authorization of State Hazardous Waste: See National Institute of Standards and Technology Nebraska; Withdrawal, 8867
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PROPOSED RULES Filings: Approval and Promulgation of Air Quality Implementation Currin, Earl C., Jr., 8930 Plans: Initial Market-Based Rate Filing: New Hampshire; 2009 Motor Vehicle Emissions Budgets Florida MSW LLC, 8930–8931 for the Boston-Manchester-Portsmouth (SE), New Florida MSW2, LLC, 8931 Hampshire, 8-Hour Ozone Nonattainment Area, Florida MSW3 LLC, 8931–8932 8888–8889 Florida MSW4 LLC, 8932 NOTICES Florida MSW5 LLC, 8932 Agency Information Collection Activities; Proposals, Kentucky MSW1 LLC, 8932–8933 Submissions, and Approvals, 8937–8939 Kentucky MSW2LLC, 8933 Environmental Impact Statements; Availability, etc.: Marshall County/Holly Springs MSW LLC, 8933–8934 Comments Availability, 8939 Minnesota MSW1 LLC, 8934 Weekly Receipt, 8939–8940 New Mexico MSW1 LLC, 8934 Restricted Access to the Region 4 Library, 8940 New Mexico MSW2 LLC, 8934–8935 Ohio MSW1 LLC, 8935 Equal Employment Opportunity Commission Oregon MSW1 LLC, 8935–8936 NOTICES Utah MSW1 LLC, 8936 Meetings; Sunshine Act, 8940–8941 Request Under Blanket Authorization: El Paso Natural Gas Co., 8936 Export–Import Bank Technical Conference: NOTICES Integrating Renewable Resources Into the Wholesale Agency Information Collection Activities; Proposals, Electric Grid, 8937 Submissions, and Approvals, 8941–8955 Federal Housing Financing Agency Federal Aviation Administration NOTICES RULES FHFA Study of Securitization of Acquired Member Assets, Airworthiness Directives: 8955–8961 Avidyne Corp. Primary Flight Displays (Part Numbers 700–00006–000, –001, –002, –003, and –100), 8856– Federal Railroad Administration 8860 NOTICES Boeing Model 727 Airplanes, 8851–8853 Petition for Waiver of Compliance: Bombardier Model CL–215–6B11 (CL–215T Variant) and Maryland Department of Transportation, 9018–9019 CL–215–6B11 (CL–415 Variant) Airplanes, 8860– 8863 Federal Reserve System Dornier Model 328–300 Airplanes, 8853–8856 NOTICES Empresa Brasileira de Aeronautica S.A. (EMBRAER) Change in Bank Control Notices; Acquisition of Shares of Model EMB–500 Airplanes, 8845–8851 Bank or Bank Holding Companies, 8961 PROPOSED RULES Proposals to Engage in Permissible Nonbanking Activities Airworthiness Directives: or to Acquire Companies that are Engaged in Hawker Beechcraft Corporation (Type Certificate Permissible Nonbanking Activities, 8961 previously held by Raytheon Aircraft Company) Models 1900, 1900C, and 1900D Airplanes, 8885– Fish and Wildlife Service 8888 NOTICES Endangered and Threatened Species Permit Applications, Federal Communications Commission 8981 RULES Implementation of the DTV Delay Act, 8868–8879 Foreign Claims Settlement Commission PROPOSED RULES NOTICES Implementation of the DTV Delay Act, 8889–8895 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 8988–8989 American Recovery and Reinvestment Act of 2009 Broadband Initiatives, 8914–8915 Foreign–Trade Zones Board NOTICES Federal Emergency Management Agency Expansion of Foreign–Trade Zone 272: NOTICES Lehigh and Northampton Counties, PA, 8903 Agency Information Collection Activities; Proposals, Foreign–Trade Zone 57 – Mecklenburg County, NC: Submissions, and Approvals, 8978–8979 Application for Subzone Status, FMS Enterprises USA, Inc, 8904 Federal Energy Regulatory Commission NOTICES Forest Service Applications: NOTICES BPUS Generation Development LLC, 8923 Environmental Impact Statements; Availability, etc.: Finavera Renewables Ocean Energy, Ltd., 8923–8924 Kirkwood Meadows Power Line Reliability Project; Tennessee Gas Pipeline Co., 8924–8925 Eldorado National Forest, CA, 8896–8899 Combined Notice of Filings, 8925–8929 Environmental Impact Statements; Intent: Electronic Tariff Filings, 8929 Allegheny National Forest, PA; Reserved and Outstanding Environmental Impact Statements; Availability, etc.: Oil and Gas Design Criteria, 8899–8900 Sabine Pass LNG, L.P.; Proposed Sabine Pass LNG Export Meetings: Project, 8929–8930 Shasta County Resource Advisory Committee, 8900
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Siskiyou Resource Advisory Committee, 8900 NOTICES Agency Information Collection Activities; Proposals, Health and Human Services Department Submissions, and Approvals, 8990–8992 See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services Land Management Bureau See National Institutes of Health NOTICES See Substance Abuse and Mental Health Services Filing of Plats of Survey: Administration Oregon/Washington, 8982–8983 NOTICES Meetings: Final Effect of Designation of a Class of Employees for State of Arizona Resource Advisory Council, 8983 Addition to the Special Exposure Cohort, 8961–8962 Oil Shale Research, Development, and Demonstration (R, D, and D) Program; Withdrawal of the Call for Homeland Security Department Nominations and Request for Public Comment, 8983– See Federal Emergency Management Agency 8984 Resource Advisory Councils; Call for Nominations, 8984– Housing and Urban Development Department 8985 NOTICES Federal Property Suitable as Facilities to Assist the Maritime Administration Homeless, 9022–9044 NOTICES Privacy Act; Computer Matching Program, 8979–8981 Requested Administrative Waiver of the Coastwise Trade Laws: Indian Affairs Bureau WINDSONG, 9019 NOTICES Agency Information Collection Activities; Proposals, Millennium Challenge Corporation Submissions, and Approvals, 8981–8982 NOTICES Quarterly Report (October 1, 2008–December 31, 2008), Interior Department 8997–9007 See Fish and Wildlife Service See Indian Affairs Bureau National Indian Gaming Commission See Land Management Bureau NOTICES See National Indian Gaming Commission Environmental Impact Statements; Availability, etc.: See Surface Mining Reclamation and Enforcement Office Federated Indians of the Graton Rancheria Casino and Hotel Project, Sonoma County, CA, 9007–9008 Internal Revenue Service RULES National Institute of Standards and Technology Section 482; Methods to Determine Taxable Income in NOTICES Connection with a Cost Sharing Arrangement; Meetings: Correction, 8863 Advisory Committee on Earthquake Hazards Reduction, 8911–8912 International Trade Administration NOTICES National Institutes of Health Antidumping: NOTICES Certain Carbon Steel Butt-Weld Pipe Fittings From Agency Information Collection Activities; Proposals, Thailand, 8904–8905 Submissions, and Approvals, 8972 Export Trade Certificate of Review: Meetings: Golden Tree Trading Co., 8905–8906 Center for Scientific Review, 8972–8973 Extension of Time for the Preliminary Results of the New Independent Scientific Peer Review Panel on the Murine Shipper Review: Local Lymph Node Assay; Availability of Draft Wooden Bedroom Furniture from the People’s Republic Background Review Documents; Request for of China, 8906–8907 Comments, 8974–8975 Final Determination of Sales at Less Than Fair Value: National Institute of Allergy and Infectious Diseases, Certain Steel Threaded Rod from the People’s Republic of 8975 China, 8907–8911 National Heart, Lung, and Blood Institute, 8976 National Institute of Diabetes and Digestive and Kidney International Trade Commission Diseases, 8977 NOTICES National Institute of Environmental Health Sciences, Investigations: 8976–8977 Certain Video Game Machines and Related Three- National Institute of Mental Health, 8977 Dimensional Pointing Devices, 8986 National Oceanic and Atmospheric Administration Justice Department RULES See Foreign Claims Settlement Commission Fisheries of the Caribbean, Gulf of Mexico, and South See Prisons Bureau Atlantic: NOTICES Coastal Migratory Pelagic Resources of the Gulf of Mexico Agency Information Collection Activities; Proposals, and South Atlantic; Closure, 8879–8880 Submissions, and Approvals, 8986–8988 Fisheries of the Exclusive Economic Zone Off Alaska: Atka Mackerel by Vessels in Amendment 80 Limited Labor Department Access Fishery in the Eastern Aleutian District, etc., See Employee Benefits Security Administration 8881
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Atka Mackerel Lottery in Areas 542 and 543; Correction, State Department 8882–8883 NOTICES Pacific Cod by Vessels Catching Pacific Cod for Culturally Significant Objects Imported for Exhibition Processing by the Inshore Component in the Western Determinations: Regulatory Area of the Gulf of Alaska, 8880–8881 ‘The Birth of Christianity: A Jewish Story’; Correction, Pacific Cod by Vessels Catching Pacific Cod for 9018 Processing by the Offshore Component in the Central Francis Bacon: A Centenary Retrospective, 9017 Regulatory Area of the Gulf of Alaska, 8881–8882 Recordkeeping and Reporting, 8883–8884 Substance Abuse and Mental Health Services NOTICES Administration Meetings: New England Fishery Management Council, 8912–8913 NOTICES Public Workshops: Fiscal Year 2009 Funding Opportunity: Schedules for Atlantic Shark Identification Workshops Intent to Award a Single Source Grant to the Tarzana and Protected Species Safe Handling, Release, and Treatment Center, 8978 Identification Workshops, 8913–8914 Surface Mining Reclamation and Enforcement Office National Science Foundation NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 8985 Astronomy and Astrophysics Advisory Committee (ι13883), 9008 Surface Transportation Board Earth Sciences Proposal Review Panel (1569), 9008–9009 NOTICES Trackage Rights Exemption: National Telecommunications and Information Wisconsin & Southern Railroad Co.; Union Pacific Administration Railroad Co., 9019–9020
NOTICES Transportation Department American Recovery and Reinvestment Act of 2009 See Federal Aviation Administration Broadband Initiatives, 8914–8915 See Federal Railroad Administration See Maritime Administration Nuclear Regulatory Commission See Surface Transportation Board NOTICES Consideration of Issuance of Amendment to Facility Treasury Department Operating License, Proposed No Significant Hazards See Internal Revenue Service Consideration Determination: Duke Energy Carolinas, LLC, 9009–9011 Separate Parts In This Issue Prisons Bureau NOTICES Part II Environmental Impact Statements; Availability, etc.: Housing and Urban Development Department, 9022–9044 Finding of No Significant Impact for the Criminal Alien Requirement VIII, 8989–8990
Securities and Exchange Commission Reader Aids NOTICES Consult the Reader Aids section at the end of this page for Agency Information Collection Activities; Proposals, phone numbers, online resources, finding aids, reminders, Submissions, and Approvals, 9011–9012 and notice of recently enacted public laws. Self-Regulatory Organizations; Proposed Rule Changes: To subscribe to the Federal Register Table of Contents Boston Stock Exchange, Inc., 9012–9013 LISTSERV electronic mailing list, go to http:// Chicago Board Options Exchange, Inc., 9013–9014 listserv.access.gpo.gov and select Online mailing list New York Stock Exchange LLC, 9014–9015 archives, FEDREGTOC-L, Join or leave the list (or change NYSE Alternext US LLC, 9016–9017 settings); then follow the instructions.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
14 CFR 39 (5 documents) ...8845, 8851, 8853, 8856, 8860 Proposed Rules: 39...... 8885 26 CFR 1...... 8863 40 CFR 52...... 8863 271...... 8867 Proposed Rules: 52...... 8888 42 CFR 401...... 8867 405...... 8867 47 CFR 15...... 8868 27...... 8868 54...... 8868 73...... 8868 76...... 8868 90...... 8868 Proposed Rules: 73...... 8889 50 CFR 622...... 8879 679 (5 documents) ...... 8880, 8881, 8882, 8883
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Rules and Regulations Federal Register Vol. 74, No. 38
Friday, February 27, 2009
This section of the FEDERAL REGISTER • Federal eRulemaking Portal: Go to FAA’s Determination and Requirements contains regulatory documents having general http://www.regulations.gov. Follow the of the AD applicability and legal effect, most of which instructions for submitting comments. are keyed to and codified in the Code of • This product has been approved by Fax: (202) 493–2251. the aviation authority of another Federal Regulations, which is published under • 50 titles pursuant to 44 U.S.C. 1510. Mail: U.S. Department of country, and is approved for operation Transportation, Docket Operations, M– in the United States. Pursuant to our The Code of Federal Regulations is sold by 30, West Building Ground Floor, Room bilateral agreement with this State of the Superintendent of Documents. Prices of W12–140, 1200 New Jersey Avenue, SE., Design Authority, they have notified us new books are listed in the first FEDERAL Washington, DC 20590. of the unsafe condition described in the REGISTER issue of each week. • Hand Delivery: U.S. Department of MCAI and service information Transportation, Docket Operations, M– referenced above. We are issuing this 30, West Building Ground Floor, Room DEPARTMENT OF TRANSPORTATION AD because we evaluated all W12–140, 1200 New Jersey Avenue, SE., information provided by the State of Federal Aviation Administration Washington, DC 20590, between 9 a.m. Design Authority and determined the and 5 p.m., Monday through Friday, unsafe condition exists and is likely to 14 CFR Part 39 except Federal holidays. exist or develop on other products of the same type design. [Docket No. FAA–2009–0150; Directorate Examining the AD Docket Identifier 2009–CE–010–AD; Amendment You may examine the AD docket on Differences Between This AD and the 39–15830; AD 2009–05–06] the Internet at http:// MCAI or Service Information RIN 2120–AA64 www.regulations.gov; or in person at the We have reviewed the MCAI and Docket Management Facility between 9 related service information and, in Airworthiness Directives; Empresa a.m. and 5 p.m., Monday through general, agree with their substance. But Brasileira de Aeronautica S.A. Friday, except Federal holidays. The AD we might have found it necessary to use (EMBRAER) Model EMB–500 Airplanes docket contains this AD, the regulatory different words from those in the MCAI evaluation, any comments received, and AGENCY: Federal Aviation to ensure the AD is clear for U.S. other information. The street address for Administration (FAA), DOT. operators and is enforceable. In making the Docket Office (telephone (800) 647– these changes, we do not intend to differ ACTION: Final rule; request for 5527) is in the ADDRESSES section. substantively from the information comments. Comments will be available in the AD provided in the MCAI and related SUMMARY: We are adopting a new docket shortly after receipt. service information. airworthiness directive (AD) for the FOR FURTHER INFORMATION CONTACT: Karl We might have also required different products listed above. This AD results Schletzbaum, Aerospace Engineer, 901 actions in this AD from those in the from mandatory continuing Locust, Room 301, Kansas City, MCAI in order to follow FAA policies. airworthiness information (MCAI) Missouri 64106; telephone: (816) 329– Any such differences are described in a issued by the aviation authority of 4146; fax: (816) 329–4090. separate paragraph of the AD. These another country to identify and correct SUPPLEMENTARY INFORMATION: requirements take precedence over an unsafe condition on an aviation those copied from the MCAI. Discussion product. The MCAI describes the unsafe FAA’s Determination of the Effective ˆ condition as: The AGENCIA NACIONAL DE Date AVIAC¸A˜ O CIVIL—BRAZIL, which is There is a possibility that during a go An unsafe condition exists that around procedure with a flap system failed the aviation authority for Brazil, has the stall warning and the stick pusher issued EAD No.: 2009–02–04, dated requires the immediate adoption of this triggering angles are anticipated reducing the February 13, 2009 (referred to after this AD. The FAA has found that the risk to margin between the real angle of attack and as ‘‘the MCAI’’), to correct an unsafe the flying public justifies waiving notice the stick pusher triggering angle. If the stick condition for the specified products. and comment prior to adoption of this pusher is activated at a low altitude the pilot The MCAI states: rule because if the stick pusher is may be not able to recover the airplane activated at a low altitude the pilot may control. Since this condition affects flight There is a possibility that during a go not be able to recover the airplane safety, an immediate corrective action is around procedure with a flap system failed control. Therefore, we determined that the stall warning and the stick pusher required. Thus, sufficient reason exists to notice and opportunity for public request compliance with this EAD in the triggering angles are anticipated reducing the indicated time limit without prior notice. margin between the real angle of attack and comment before issuing this AD are the stick pusher triggering angle. If the stick impracticable and that good cause exists This AD requires actions that are pusher is activated at a low altitude the pilot for making this amendment effective in intended to address the unsafe may be not able to recover the airplane fewer than 30 days. condition described in the MCAI. control. Since this condition affects flight DATES: This AD becomes effective safety, an immediate corrective action is Comments Invited February 27, 2009. required. Thus, sufficient reason exists to This AD is a final rule that involves We must receive comments on this request compliance with this EAD in the requirements affecting flight safety, and AD by March 30, 2009. indicated time limit without prior notice. we did not precede it by notice and ADDRESSES: You may send comments by You may obtain further information by opportunity for public comment. We any of the following methods: examining the MCAI in the AD docket. invite you to send any written relevant
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data, views, or arguments about this AD. Regulatory Findings 2009–05–06 Empresa Brasileira de Send your comments to an address Aeronautica S.A. (EMBRAER): We determined that this AD will not Amendment 39–15830; Docket No. listed under the ADDRESSES section. have federalism implications under Include ‘‘Docket No. FAA–2009–0150; FAA–2009–0150; Directorate Identifier Executive Order 13132. This AD will 2009–CE–010–AD. Directorate Identifier 2009–CE–010– not have a substantial direct effect on Effective Date AD’’ at the beginning of your comments. the States, on the relationship between We specifically invite comments on the the national government and the States, (a) This airworthiness directive (AD) overall regulatory, economic, or on the distribution of power and becomes effective February 27, 2009. environmental, and energy aspects of responsibilities among the various Affected ADs this AD. We will consider all comments levels of government. (b) None. received by the closing date and may For the reasons discussed above, I amend this AD because of those certify that this AD: Applicability comments. (1) Is not a ‘‘significant regulatory (c) This AD applies to Models EMB–500 We will post all comments we action’’ under Executive Order 12866; airplanes, all serial numbers, equipped with receive, without change, to http:// the stall warning computer part number (2) Is not a ‘‘significant rule’’ under (P/N) C100106–1, certificated in any www.regulations.gov, including any DOT Regulatory Policies and Procedures category. personal information you provide. We (44 FR 11034, February 26, 1979); and will also post a report summarizing each (3) Will not have a significant Subject substantive verbal contact we receive economic impact, positive or negative, (d) Air Transport Association of America about this AD. on a substantial number of small entities (ATA) Code 27: Flight Controls. under the criteria of the Regulatory Authority for This Rulemaking Reason Flexibility Act. (e) The mandatory continuing Title 49 of the United States Code We prepared a regulatory evaluation airworthiness information (MCAI) states: specifies the FAA’s authority to issue of the estimated costs to comply with There is a possibility that during a go around rules on aviation safety. Subtitle I, this AD and placed it in the AD docket. procedure with a flap system failed the stall warning and the stick pusher triggering section 106, describes the authority of List of Subjects in 14 CFR Part 39 the FAA Administrator. ‘‘Subtitle VII: angles are anticipated reducing the margin between the real angle of attack and the stick Aviation Programs,’’ describes in more Air transportation, Aircraft, Aviation safety, Safety. pusher triggering angle. If the stick pusher is detail the scope of the Agency’s activated at a low altitude the pilot may be authority. Adoption of the Amendment not able to recover the airplane control. Since this condition affects flight safety, an We are issuing this rulemaking under ■ Accordingly, under the authority the authority described in ‘‘Subtitle VII, immediate corrective action is required. delegated to me by the Administrator, Thus, sufficient reason exists to request Part A, Subpart III, Section 44701: the FAA amends 14 CFR part 39 as compliance with this EAD in the indicated General requirements.’’ Under that follows: time limit without prior notice. section, Congress charges the FAA with promoting safe flight of civil aircraft in PART 39—AIRWORTHINESS Actions and Compliance air commerce by prescribing regulations DIRECTIVES (f) Unless already done, before further for practices, methods, and procedures flight, incorporate into the airplane flight the Administrator finds necessary for ■ 1. The authority citation for part 39 manual (AFM) the following procedures and continues to read as follows: limitations section revisions. You may insert safety in air commerce. This regulation a copy of this AD into the appropriate is within the scope of that authority Authority: 49 U.S.C. 106(g), 40113, 44701. sections of the AFM to comply with the because it addresses an unsafe condition § 39.13 [Amended] requirements of this AD. that is likely to exist or develop on (1) Revise the AFM by adding Figure 1 of products identified in this rulemaking ■ 2. The FAA amends § 39.13 by adding this AD to the Limitations section 2.30. action. the following new AD: BILLING CODE 4910–13–P
(2) Replace the GO–AROUND procedure in AFM Section 3–03, page 2, with the procedure in Figure 2 of this AD.
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(3) Replace the ONE ENGINE 4–01, page 17, with the procedure in Figure INOPERATIVE PROCEDURE APPROACH 3 of this AD. AND LANDING procedure in AFM Section
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(4) Revise AFM Section 5–02 by adding the statement in Figure 4 of this AD.
(5) Replace the AFM performance tables (ANTI–ICE OFF) in Section 5–20, pages 2 and 3, with the table in Figure 5 of this AD.
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(6) Replace the AFM performance tables (ANTI–ICE OFF) in Section 5–25, pages 2 and 3, with the table in Figure 6 of this AD.
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BILLING CODE 4910–13–C Note 2: Operation in icing conditions is not FAA AD Differences Note 1: The above limitation and affected by the above limitations and Note 3: This AD differs from the MCAI procedures are considered an interim procedures. solution until a final action is identified, at and/or service information as follows: No which time AGEˆ NCIA NACIONAL DE differences. AVIAC¸A˜ O CIVIL—BRAZIL (ANAC) and the FAA may consider further AD action.
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Other FAA AD Provisions requires revising the FAA-approved directive (AD) that would apply to (g) The following provisions also apply to maintenance program to incorporate certain Boeing Model 727 airplanes. this AD: new Airworthiness Limitations for the That NPRM was published in the (1) Alternative Methods of Compliance GFI of the boost pumps and for the Federal Register on October 7, 2008 (73 (AMOCs): The Manager, Standards Office, uncommanded on system for the FR 58509). That NPRM proposed to FAA, has the authority to approve AMOCs auxiliary fuel tank pumps. This AD require, among other actions, installing for this AD, if requested using the procedures results from fuel system reviews new ground fault interrupter (GFI) found in 14 CFR 39.19. Send information to ATTN: Karl Schletzbaum, Aerospace conducted by the manufacturer. We are relays for the main fuel tanks and the Engineer, FAA, Small Airplane Directorate, issuing this AD to prevent an electrical auxiliary fuel tank pumps. This AD also 901 Locust, Room 301, Kansas City, Missouri fault in the fuel pump system, which requires revising the FAA-approved 64106; telephone: (816) 329–4146; fax: (816) might cause a connector or end cap to maintenance program to incorporate 329–4090. Before using any approved AMOC burn through and a subsequent fire or new Airworthiness Limitations for the on any airplane to which the AMOC applies, explosion inside the fuel pump or wing GFI of the boost pumps and for the notify your appropriate principal inspector spar area. We are also issuing this AD uncommanded on system for the (PI) in the FAA Flight Standards District to prevent uncommanded operation of auxiliary fuel tank pumps. Office (FSDO), or lacking a PI, your local the auxiliary fuel tank pumps, which FSDO. Comments (2) Airworthy Product: For any can cause them to run dry. This requirement in this AD to obtain corrective condition will increase pump We gave the public the opportunity to actions from a manufacturer or other source, temperature and could supply an participate in developing this AD. We use these actions if they are FAA-approved. ignition source to fumes in the fuel tank, considered the comments received. Corrective actions are considered FAA- which can result in a consequent fire or Support for the NPRM approved if they are approved by the State explosion. of Design Authority (or their delegated DATES: This AD is effective April 3, Boeing concurs with the contents of agent). You are required to assure the product 2009. the NPRM. is airworthy before it is returned to service. The Director of the Federal Register (3) Reporting Requirements: For any General Comment Disagreeing With approved the incorporation by reference reporting requirement in this AD, under the NPRM provisions of the Paperwork Reduction Act of certain publications listed in this AD (44 U.S.C. 3501 et seq.), the Office of as of April 3, 2009. Another commenter, Ralph Pascale, Management and Budget (OMB) has ADDRESSES: For service information asserts that the current configuration of approved the information collection identified in this AD, contact Boeing the boost pump circuits is adequate and requirements and has assigned OMB Control Commercial Airplanes, Attention: Data does not need to be changed. The Number 2120–0056. & Services Management, P.O. Box 3707, commenter feels that by installing the Related Information MC 2H–65, Seattle, Washington 98124– GFIs on the boost pumps according to (h) Refer to MCAI ANAC, EAD No.: 2009– 2207; telephone 206–544–5000, the NPRM, there could be a condition 02–04, dated February 13, 2009. extension 1, fax 206–766–5680; e-mail where during a loss of all generators due [email protected]; Internet to thunderstorms, electrical power is Issued in Kansas City, Missouri, on lost to the boost pumps and the February 20, 2009. https://www.myboeingfleet.com. possibility of the GFI tripping due to Kim Smith, Examining the AD Docket high voltage (getting hit by lightning) Manager, Small Airplane Directorate, Aircraft You may examine the AD docket on will prevent the boost pumps from Certification Service. the Internet at http:// supplying boosted pressure when [FR Doc. E9–4099 Filed 2–26–09; 8:45 am] www.regulations.gov; or in person at the electrical power is re-established, BILLING CODE 4910–13–C Docket Management Facility between 9 causing a triple flameout. a.m. and 5 p.m., Monday through We infer that the commenter is Friday, except Federal holidays. The AD DEPARTMENT OF TRANSPORTATION requesting that we withdraw the NPRM. docket contains this AD, the regulatory We do not concur. Loss of all generators Federal Aviation Administration evaluation, any comments received, and resulting in loss of all boost pumps is a other information. The address for the rare event, even without GFI installed 14 CFR Part 39 Docket Office (telephone 800–647–5527) for the boost pumps. The GFI has been is the Document Management Facility, tested for lightning threat to a level that [Docket No. FAA–2008–1065; Directorate U.S. Department of Transportation, is higher than the worst-case lightning Identifier 2008–NM–126–AD; Amendment Docket Operations, M–30, West threat that a Model 727 airplane would 39–15827; AD 2009–05–03] Building Ground Floor, Room W12–140, typically experience. Therefore, the risk RIN 2120–AA64 1200 New Jersey Avenue, SE., to the boost pumps has not increased. Washington, DC 20590. We have not changed this final rule in Airworthiness Directives; Boeing FOR FURTHER INFORMATION CONTACT: light of the comment. Model 727 Airplanes Binh Tran, Aerospace Engineer, Systems Conclusion AGENCY: Federal Aviation and Equipment Branch, ANM–130S, Administration (FAA), DOT. FAA, Seattle Aircraft Certification We reviewed the relevant data, ACTION: Final rule. Office, 1601 Lind Avenue, SW., Renton, considered the comments received, and Washington 98057–3356; telephone determined that air safety and the SUMMARY: We are adopting a new (425) 917–6485; fax (425) 917–6590. public interest require adopting the AD airworthiness directive (AD) for certain SUPPLEMENTARY INFORMATION: as proposed. Boeing Model 727 airplanes. This AD Costs of Compliance requires among other actions, installing Discussion new ground fault interrupter (GFI) We issued a notice of proposed We estimate that this AD will affect relays for the main fuel tanks and the rulemaking (NPRM) to amend 14 CFR 199 airplanes of U.S. registry. The auxiliary fuel tank pumps. This AD also part 39 to include an airworthiness following table provides the estimated
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costs for U.S. operators to comply with this AD.
TABLE—ESTIMATED COSTS
Number of Average U.S.-reg- Action Work hours labor rate Parts Cost per product istered Fleet cost per hour airplanes
Installation of new GFI Between 202 and $80 Between $30,619 Between $46,779 199 Between relays. 416.1 and $59,785.1 and $93,065.1 $9,309,021 and $18,519,935.1 Concurrent requirements Between 68 and 80 Between $1,292 Between $6,732 35 Between $235,620 209.1 and $10,470.1 and $27,190.1 and $951,650.1 Revision of FAA-ap- 1 ...... 80 None ...... $80 ...... 199 $15,920. proved maintenance program. 1 Depending on the airplane configuration.
Authority for This Rulemaking You can find our regulatory situation, to comply with 14 CFR 91.403(c), evaluation and the estimated costs of the operator must request approval for an Title 49 of the United States Code compliance in the AD Docket. alternative method of compliance (AMOC) specifies the FAA’s authority to issue according to paragraph (j) of this AD. The rules on aviation safety. Subtitle I, List of Subjects in 14 CFR Part 39 request should include a description of section 106, describes the authority of Air transportation, Aircraft, Aviation changes to the required inspections that will the FAA Administrator. ‘‘Subtitle VII: ensure the continued operational safety of safety, Incorporation by reference, the airplane. Aviation Programs,’’ describes in more Safety. detail the scope of the Agency’s Unsafe Condition Adoption of the Amendment authority. (d) This AD results from fuel system We are issuing this rulemaking under ■ Accordingly, under the authority reviews conducted by the manufacturer. We the authority described in ‘‘Subtitle VII, delegated to me by the Administrator, are issuing this AD to prevent an electrical Part A, Subpart III, Section 44701: the FAA amends 14 CFR part 39 as fault in the fuel pump system, which might General requirements.’’ Under that follows: cause a connector or end cap to burn through and a subsequent fire or explosion inside the section, Congress charges the FAA with fuel pump or wing spar area. We are also promoting safe flight of civil aircraft in PART 39—AIRWORTHINESS DIRECTIVES issuing this AD to prevent uncommanded air commerce by prescribing regulations operation of the auxiliary fuel tank pumps, for practices, methods, and procedures ■ 1. The authority citation for part 39 which can cause them to run dry. This the Administrator finds necessary for continues to read as follows: condition will increase pump temperature safety in air commerce. This regulation and could supply an ignition source to fumes Authority: 49 U.S.C. 106(g), 40113, 44701. is within the scope of that authority in the fuel tank, which can result in a because it addresses an unsafe condition consequent fire or explosion. § 39.13 [Amended] that is likely to exist or develop on Compliance ■ products identified in this rulemaking 2. The FAA amends § 39.13 by adding (e) Comply with this AD within the action. the following new AD: compliance times specified, unless already done. Regulatory Findings 2009–05–03 Boeing: Amendment 39–15827. Docket No. FAA–2008–1065; Directorate Installation This AD will not have federalism Identifier 2008–NM–126–AD. (f) Within 60 months after the effective implications under Executive Order Effective Date date of this AD, install new ground fault 13132. This AD will not have a (a) This airworthiness directive (AD) is interrupter (GFI) relays for the main fuel substantial direct effect on the States, on effective April 3, 2009. tanks and the auxiliary fuel tank pumps and the relationship between the national do all the other specified actions by government and the States, or on the Affected ADs accomplishing all the applicable actions distribution of power and (b) None. specified in the Accomplishment Instructions of Boeing Alert Service Bulletin responsibilities among the various Applicability 727–28A0128, dated April 4, 2008. levels of government. (c) This AD applies to Boeing Model 727, For the reasons discussed above, I 727C, 727–100, 727–100C, 727–200, and Concurrent Requirements certify that this AD: 727–200F series airplanes, certificated in any (g) For airplanes identified as Groups 5 category; as identified in Boeing Alert (1) Is not a ‘‘significant regulatory through 18 inclusive, in Boeing Alert Service Service Bulletin 727–28A0128, dated April 4, Bulletin 727–28A0128, dated April 4, 2008: action’’ under Executive Order 12866, 2008. Concurrently with the installation required (2) Is not a ‘‘significant rule’’ under Note 1: This AD requires revisions to by paragraph (f) of this AD, do the actions DOT Regulatory Policies and Procedures certain operator maintenance documents to specified in paragraphs (g)(1) and (g)(2) of (44 FR 11034, February 26, 1979), and include new inspections. Compliance with this AD in accordance with the Accomplishment Instructions of Boeing Alert (3) Will not have a significant these inspections is required by 14 CFR 91.403(c). For airplanes that have been Service Bulletin 727–28A0130, dated April economic impact, positive or negative, previously modified, altered, or repaired in 30, 2008. on a substantial number of small entities the areas addressed by these inspections, the (1) Install new ground blocks, track, switch under the criteria of the Regulatory operator may not be able to accomplish the mounting bracket, relay mounting bracket, Flexibility Act. inspections described in the revisions. In this toggle switches, and relays, and make
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changes to the wire bundles in the GFI relay No Alternative Inspection or Inspection authority to approve AMOCs for this AD, if panel in the electronic equipment bay. Intervals requested using the procedures found in 14 (2) Install new circuit breakers and lights (i) After accomplishing the action required CFR 39.19. and make changes to wire bundles on the by paragraph (h) of this AD, no alternative (2) To request a different method of third crewman’s P6 and P4 panels in the inspections or inspection intervals may be compliance or a different compliance time flight compartment. used, unless the inspections or intervals are for this AD, follow the procedures in 14 CFR approved as an alternative means of 39.19. Before using any approved AMOC on Maintenance Program Revision compliance (AMOC) in accordance with the any airplane to which the AMOC applies, (h) Concurrently with accomplishing the procedures specified in paragraph (j) of this notify your principal maintenance inspector installation required by paragraph (f) of this AD. (PMI) or principal avionics inspector (PAI), AD, revise the FAA-approved maintenance Alternative Methods of Compliance as appropriate, or lacking a principal program by incorporating Airworthiness (AMOCs) inspector, your local Flight Standards District Limitations Nos. 28–AWL–16 and 28–AWL– (j)(1) The Manager, Seattle Aircraft Office. 17 of Section D of ‘‘Boeing 727–100/200 Certification Office (ACO), FAA, ATTN: Binh Material Incorporated by Reference Airworthiness Limitations (AWLs),’’ Tran, Aerospace Engineer, Systems and Document D6–8766–AWL, Revision August Equipment Branch, ANM–130S, FAA, Seattle (k) You must use the service information 2007. ACO, 1601 Lind Avenue, SW., Renton, contained in Table 1 of this AD, as Washington 98057–3356; telephone (425) applicable, to do the actions required by this 917–6485; fax (425) 917–6590; has the AD, unless the AD specifies otherwise.
TABLE 1—MATERIAL INCORPORATED BY REFERENCE
Document Revision Date
Boeing Alert Service Bulletin 727–28A0128 ...... Original ...... April 4, 2008. Boeing Alert Service Bulletin 727–28A0130 ...... Original ...... April 30, 2008. Boeing 727–100/200 Airworthiness Limitations (AWLs) Document D6–8766–AWL ...... August 2007 ...... August 2007.
(1) The Director of the Federal Register DEPARTMENT OF TRANSPORTATION AD results from fuel system reviews approved the incorporation by reference of conducted by the manufacturer. We are this service information under 5 U.S.C. Federal Aviation Administration issuing this AD to reduce the potential 552(a) and 1 CFR part 51. of ignition sources inside fuel tanks, (2) For service information identified in 14 CFR Part 39 which, in combination with flammable this AD, contact Boeing Commercial [Docket No. FAA–2008–0857; Directorate fuel vapors, could result in fuel tank Airplanes, Attention: Data & Services Identifier 2007–NM–317–AD; Amendment explosions and consequent loss of the Management, P. O. Box 3707, MC 2H–65, 39–15785; AD 2009–01–06] airplane. Seattle, Washington 98124–2207; telephone 206–544–5000, extension 1, fax 206–766– RIN 2120–AA64 DATES: This AD becomes effective April 5680; e-mail [email protected]; 3, 2009. Internet Airworthiness Directives; Dornier The Director of the Federal Register https://www.myboeingfleet.com. Model 328–300 Airplanes approved the incorporation by reference of a certain publication listed in the AD (3) You may review copies of the service AGENCY: Federal Aviation as of April 3, 2009. information at the FAA, Transport Airplane Administration (FAA), Department of On September 6, 2005 (70 FR 44046, Directorate, 1601 Lind Avenue, SW., Renton, Transportation (DOT). WAashington. For information on the August 1, 2005), the Director of the ACTION: Final rule. availability of this material at the FAA, call Federal Register approved the 425–227–1221 or 425–227–1152. SUMMARY: The FAA is superseding an incorporation by reference of certain (4) You may also review copies of the existing airworthiness directive (AD), other publications referenced in this service information that is incorporated by which applies to all AvCraft Dornier AD. reference at the National Archives and Model 328–300 airplanes. That AD ADDRESSES: For service information Records Administration (NARA). For currently requires modifying the identified in this AD, contact 328 information on the availability of this electrical wiring of the fuel pumps; Support Services GmbH, Global Support material at NARA, call 202–741–6030, or go installing insulation at the flow control _ Center, P.O. Box 1252, D–82231 to: http://www.archives.gov/federal register/ and shut-off valves, and other _ _ _ _ Wessling, Federal Republic of Germany; code of federal regulations/ibr components of the environmental telephone +49 8153 88111 6666; fax +49 locations.html. control system; installing markings at 8153 88111 6565; e-mail Issued in Renton, WA, on January 30, 2009. fuel wiring harnesses; replacing the [email protected]; Internet http:// Stephen P. Boyd, wiring harness of the auxiliary fuel www.328support.de. system with a new wiring harness; and Assistant Manager, Transport Airplane Examining the AD Docket Directorate, Aircraft Certification Service. installing insulated couplings in the fuel [FR Doc. E9–3875 Filed 2–26–09; 8:45 am] system; as applicable. The existing AD You may examine the AD docket on also requires revising the Airworthiness the Internet at http:// BILLING CODE 4910–13–P Limitations section of the Instructions www.regulations.gov; or in person at the for Continued Airworthiness to Docket Management Facility between 9 incorporate new inspections of the fuel a.m. and 5 p.m., Monday through tank system. This new AD replaces the Friday, except Federal holidays. The AD flight-hour-based threshold for docket contains this AD, the regulatory conducting certain initial inspections, evaluation, any comments received, and with a calendar-based threshold. This other information. The address for the
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Docket Office (telephone 800–647–5527) 2005). The existing AD applies to all conducting certain initial inspections, is the Document Management Facility, AvCraft Dornier Model 328–300 with a calendar-based threshold. U.S. Department of Transportation, airplanes. That NPRM was published in Comments Docket Operations, M–30, West the Federal Register on August 11, 2008 Building Ground Floor, Room W12–140, (73 FR 46569). That NPRM proposed to We provided the public the 1200 New Jersey Avenue, SE., continue to require modifying the opportunity to participate in the Washington, DC 20590. electrical wiring of the fuel pumps; development of this AD. No comments installing insulation at the flow control FOR FURTHER INFORMATION CONTACT: Tom have been received on the NPRM or on and shut-off valves, and other Groves, Aerospace Engineer, the determination of the cost to the components of the environmental International Branch, ANM–116, public. control system; installing markings at Transport Airplane Directorate, FAA, fuel wiring harnesses; replacing the Conclusion 1601 Lind Avenue, SW., Renton, wiring harness of the auxiliary fuel Washington 98057–3356; telephone system with a new wiring harness; and We have carefully reviewed the (425) 227–1503; fax (425) 227–1149. installing insulated couplings in the fuel available data and determined that air SUPPLEMENTARY INFORMATION: system; as applicable. That NPRM also safety and the public interest require adopting the AD as proposed. Discussion proposed to continue to require revising the Airworthiness Limitations section of Costs of Compliance The FAA issued a notice of proposed the Instructions for Continued rulemaking (NPRM) to amend 14 CFR Airworthiness to incorporate new The following table provides the part 39 to include an AD that inspections of the fuel tank system. That estimated costs for U.S. operators to supersedes AD 2005–15–16, amendment NPRM also proposed to replace the comply with this AD. The average labor 39–14205 (70 FR 44046, August 1, flight-hour-based threshold for rate is $80 per work hour.
ESTIMATED COSTS
Number of U.S.-reg- Actions Work hours Parts istered Cost per airplane Fleet cost airplanes
Modification/installation with option 95 $9,402 None, cur- $17,002 if an affected airplane None 033F003 installed (required by AD rently. is placed on the U.S. Reg- 2005–15–16 and retained in this AD). ister in the future. Modification/installation without option 70 14,118 28...... $19,718 ...... $552,104 033F003 installed (required by AD 2005–15–16 and retained in this AD). Airworthiness limitations revision ...... 1 None 28 ...... $80 ...... 2,240
Authority for This Rulemaking the States, on the relationship between Adoption of the Amendment Title 49 of the United States Code the national government and the States, ■ specifies the FAA’s authority to issue or on the distribution of power and Accordingly, under the authority rules on aviation safety. Subtitle I, responsibilities among the various delegated to me by the Administrator, Section 106, describes the authority of levels of government. the FAA amends 14 CFR part 39 as the FAA Administrator. Subtitle VII, For the reasons discussed above, I follows: Aviation Programs, describes in more certify that this AD: detail the scope of the Agency’s PART 39—AIRWORTHINESS authority. (1) Is not a ‘‘significant regulatory DIRECTIVES We are issuing this rulemaking under action’’ under Executive Order 12866; the authority described in Subtitle VII, (2) Is not a ‘‘significant rule’’ under ■ 1. The authority citation for part 39 Part A, Subpart III, Section 44701, DOT Regulatory Policies and Procedures continues to read as follows: ‘‘General requirements.’’ Under that (44 FR 11034, February 26, 1979); and Authority: 49 U.S.C. 106(g), 40113, 44701. section, Congress charges the FAA with (3) Will not have a significant promoting safe flight of civil aircraft in § 39.13 [Amended] economic impact, positive or negative, air commerce by prescribing regulations ■ for practices, methods, and procedures on a substantial number of small entities 2. The Federal Aviation the Administrator finds necessary for under the criteria of the Regulatory Administration (FAA) amends § 39.13 safety in air commerce. This regulation Flexibility Act. by removing amendment 39–14205 (70 is within the scope of that authority We prepared a regulatory evaluation FR 44046, August 1, 2005) and by because it addresses an unsafe condition of the estimated costs to comply with adding the following new airworthiness that is likely to exist or develop on this AD and placed it in the AD docket. directive (AD): products identified in this rulemaking See the ADDRESSES section for a location 2009–01–06 328 Support Services GmbH action. to examine the regulatory evaluation. (Formerly Avcraft Aerospace GmbH, Regulatory Findings formerly Fairchild Dornier GmbH, List of Subjects in 14 CFR Part 39 formerly Dornier Luftfahrt GmbH): We have determined that this AD will Amendment 39–15785. Docket No. not have federalism implications under Air transportation, Aircraft, Aviation safety, Incorporation by reference, FAA–2008–0857; Directorate Identifier Executive Order 13132. This AD will 2007–NM–317–AD. not have a substantial direct effect on Safety.
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Effective Date could result in fuel tank explosions and alternative method of compliance according (a) This AD becomes effective April 3, consequent loss of the airplane. to paragraph (k) of this AD. The request 2009. Compliance should include a description of changes to the required inspections that will ensure the Affected ADs (e) You are responsible for having the continued operational safety of the airplane. (b) This AD supersedes AD 2005–15–16. actions required by this AD performed within the compliance times specified, unless the Restatement of the Requirements of AD Applicability actions have already been done. 2005–15–16 (c) This AD applies to all 328 Support Note 1: This AD requires revisions to Services GmbH Dornier Model 328–300 certain operator maintenance documents to Without Option 033F003 Installed: airplanes, certificated in any category, serial include inspections. Compliance with these Modification and Installations numbers 3105 through 3223 inclusive. inspections is required by 14 CFR 91.403(c). (f) For airplanes without option 033F003 For airplanes that have been previously installed: Within 12 months after September Unsafe Condition modified, altered, or repaired in the areas (d) This AD results from fuel system addressed by these inspections, the operator 6, 2005 (the effective date of AD 2005–15– reviews conducted by the manufacturer. We may not be able to accomplish the 16), do the actions in Table 1 of this AD in are issuing this AD to reduce the potential of inspections described in the revisions. In this accordance with the Accomplishment ignition sources inside fuel tanks, which, in situation, to comply with 14 CFR 91.403(c), Instructions of AvCraft Service Bulletin SB– combination with flammable fuel vapors, the operator must request approval for an 328J–00–197, dated August 23, 2004.
TABLE 1—REQUIREMENTS FOR AIRPLANES WITHOUT OPTION 033F003 INSTALLED
Do the following actions— By accomplishing all the actions specified in—
(1) Modify the electrical wiring of the left-hand and right-hand fuel pumps ...... Paragraph 1.B(1) of the service bulletin. (2) Install insulation at the left-hand and right-hand flow control and shut-off valves Paragraph 1.B(2) of the service bulletin. and other components of the environmental control system. (3) Install markings at fuel wiring harnesses ...... Paragraph 1.B(3) of the service bulletin.
With Option 033F003 Installed: 6, 2005, do the actions in Table 2 of this AD Modification, Replacement, and Installation in accordance with the Accomplishment (g) For airplanes with option 033F003 Instructions of AvCraft Service Bulletin SB– installed: Within 12 months after September 328J–00–198, dated August 23, 2004.
TABLE 2—REQUIREMENTS FOR AIRPLANES WITH OPTION 033F003 INSTALLED
Do the following actions— By accomplishing all the actions specified in—
(1) Modify the electrical wiring of the left-hand and right-hand fuel pumps ...... Paragraph 2.B(1) of the service bulletin. (2) Replace the wiring harness of the auxiliary fuel system with a new wiring harness Paragraph 2.B(2) of the service bulletin. (3) Install markings at fuel wiring harnesses ...... Paragraph 2.B(3) of the service bulletin. (4) Install insulated couplings in the fuel system ...... Paragraph 2.B(5) of the service bulletin.
Revision to Airworthiness Limitations 328JET ALD TM–ALD–010599–ALL, Alternative Methods of Compliance (h) Within 12 months after September 6, Revision 2, dated January 31, 2005, the initial (AMOCs) 2005, revise the Airworthiness Limitations compliance time is within 8 years after the (k) The Manager, International Branch, section of the Instructions for Continued effective date of this AD. Thereafter, except ANM–116, Transport Airplane Directorate, Airworthiness to incorporate the information as provided by paragraph (k) of this AD, FAA, has the authority to approve AMOCs in AvCraft Temporary Revision (TR) ALD– these tasks must be accomplished at the for this AD, if requested using the procedures 028, dated October 15, 2003, into the AvCraft repetitive interval specified in Section G, found in 14 CFR 39.19. Send information to 328JET Airworthiness Limitations Document ‘‘Fuel Tank System Limitations,’’ of the ATTN: Tom Groves, Aerospace Engineer, (ALD). Thereafter, except as provided by AvCraft Dornier 328JET ALD TM–ALD– International Branch, ANM–116, Transport paragraph (k) of this AD, no alternative 010599–ALL, Revision 2, dated January 31, Airplane Directorate, FAA, 1601 Lind inspection intervals may be approved for this 2005. Avenue, SW., Renton, Washington 98057– fuel tank system. 3356; telephone (425) 227–1503; fax (425) Note 2: This may be done by inserting a No Alternative Inspections, Inspection 227–1149. Before using any approved AMOC copy of AvCraft TR ALD–028, dated October Intervals, or Critical Design Configuration on any airplane to which the AMOC applies, 15, 2003, in the AvCraft 328JET ALD. When Control Limitations (CDCCLs) notify your appropriate principal inspector this TR has been included in general (j) After accomplishing the actions (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local revisions of the AvCraft 328JET ALD, the TR specified in paragraphs (f), (g), and (h), and no longer needs to be inserted into the FSDO. the initial inspections in paragraph (i) of this revised Airworthiness Limitations document. AD, no alternative inspections, inspection Related Information New Requirements of This AD intervals, or critical design configuration (l) European Aviation Safety Agency control limitations (CDCCLs) may be used Airworthiness Directive 2006–0197 Revised Initial Compliance Time unless the inspections, intervals, or CDCCLs [Corrected], dated July 11, 2006, also (i) For Sub-tasks 28–00–00–02 and 28–00– are approved as an alternative method of addresses the subject of this AD. 00–03 (‘‘Detailed Inspection of Outer and compliance (AMOC) in accordance with the Material Incorporated by Reference Inner Fuel Tank Harness Internal’’), as procedures specified in paragraph (k) of this identified in AvCraft TR ALD–028, dated AD. (m) You must use the service information October 15, 2003; or Section G, ‘‘Fuel Tank identified in Table 3 of this AD, as System Limitations,’’ of the AvCraft Dornier applicable, to perform the actions that are
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required by this AD, unless the AD specifies otherwise.
TABLE 3—ALL MATERIAL INCORPORATED BY REFERENCE
Service information Revision Date
AvCraft Service Bulletin SB–328J–00–197, including Price Information Sheet ...... Original ...... August 23, 2004. AvCraft Service Bulletin SB–328J–00–198, including Price Information Sheet ...... Original ...... August 23, 2004. AvCraft Temporary Revision ALD–028 to the AvCraft 328JET Airworthiness Limitations Docu- Original ...... October 15, 2003. ment. Section G of the AvCraft Dornier 328JET ALD TM–ALD–010599–ALL ...... 2 ...... January 31, 2005.
Revision 2, dated January 31, 2005, of 010599–ALL contains the following effective AvCraft Dornier 328JET ALD TM–ALD– pages:
Page Revision Page title/description number(s) number Date shown on page(s)
List of Effective Pages
ALD Title Page ...... None shown 2 January 31, 2005. ALD List of Effective Pages ...... 1–2 ...... 2 January 31, 2005.
Section G, Fuel Tank System Limitations
1–3, G–4 ...... 2 January 31, 2005.
(1) The Director of the Federal Register 31, 2005, under 5 U.S.C. 552(a) and 1 CFR reference of the service information approved the incorporation by reference of part 51. identified in Table 4 of this AD. Section G, ‘‘Fuel Tank System Limitations,’’ (2) On September 6, 2005 (70 FR 44046, of the AvCraft Dornier 328JET ALD TM– August 1, 2005), the Director of the Federal ALD–010599–ALL, Revision 2, dated January Register approved the incorporation by
TABLE 4—MATERIAL PREVIOUSLY INCORPORATED BY REFERENCE
Service information Date
AvCraft Service Bulletin SB–328J–00–197, including Price Information Sheet ...... August 23, 2004. AvCraft Service Bulletin SB–328J–00–198, including Price Information Sheet ...... August 23, 2004. AvCraft Temporary Revision ALD–028 to the AvCraft 328JET Airworthiness Limitations Document ...... October 15, 2003.
(3) For service information identified in Issued in Renton, Washington, on DEPARTMENT OF TRANSPORTATION this AD, contact 328 Support Services GmbH, December 18, 2008. Global Support Center, P.O. Box 1252, D– Stephen P. Boyd, Federal Aviation Administration 82231 Wessling, Federal Republic of Assistant Manager, Transport Airplane Germany; telephone +49 8153 88111 6666; Directorate, Aircraft Certification Service. 14 CFR Part 39 fax +49 8153 88111 6565; e-mail [FR Doc. E9–3871 Filed 2–26–09; 8:45 am] [Docket No. FAA–2008–1210; Directorate [email protected]; Internet http:// BILLING CODE 4910–13–P Identifier 2008–CE–047–AD; Amendment www.328support.de. 39–15829; AD 2009–05–05] (4) You may review copies of the service information that is incorporated by reference RIN 2120–AA64 at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Airworthiness Directives; Avidyne Washington. For information on the Corporation Primary Flight Displays availability of this material at the FAA, call (Part Numbers 700–00006–000, –001, 425–227–1221 or 425–227–1152. –002, –003, and –100) (5) You may also review copies of the AGENCY: Federal Aviation service information at the National Archives Administration (FAA), Department of and Records Administration (NARA). For Transportation (DOT). information on the availability of this ACTION: Final rule. material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/ SUMMARY: We are adopting a new code_of_federal_regulations/ airworthiness directive (AD) to ibr_locations.html. supersede AD 2008–06–28 R1, which applies to certain Avidyne Corporation (Avidyne) Primary Flight Displays
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(PFDs) (part numbers (P/Ns) 700– New Jersey Avenue, SE., Washington, the proposed AD be modified to 00006–000, –001, –002, –003, and –100) DC 20590, or on the Internet at http:// reference Revision 2. that are installed on airplanes. AD www.regulations.gov. The docket We do not agree that the proposed AD 2008–06–28 R1 currently requires you number is FAA–2008–1210; Directorate be modified to reference Revision 2 of to do a check of the maintenance Identifier 2008–CE–047–AD. the service information. Some units may records and inspection of the PFD (if FOR FURTHER INFORMATION CONTACT: have already had the modification done necessary) to determine if an affected Solomon Hecht, Aerospace Engineer, per Revision 1 and these serial numbers serial number PFD is installed and ANE–150, Boston Aircraft Certification may be reflected in the Revision 2 of the incorporate (if necessary) operational Office, 12 New England Executive Park, service information. Paragraph 35.c. of limitations. Since we issued AD 2008– Burlington, Massachusetts 01803, FAA AD Manual, FAA–IR–M–8040.1B 06–28 R1, Avidyne developed a factory telephone: (781) 238–7159, fax: (781) (FAA–AIR–M–8040.1), dated May 28, modification that will correct the 238–7170. 2008, reads: problems on these Avidyne PFDs and SUPPLEMENTARY INFORMATION: also factory modified certain serial The fact that an AD has been complied Discussion with by all owners/operators does not make number PFDs. To terminate the the AD (the change in type design) operational limitations of AD 2008–06– On November 7, 2008, we issued a unnecessary. Therefore, an AD must never be 28 R1, this AD adds actions to assure proposal to amend part 39 of the Federal removed based on the representation of a any affected serial number PFD Aviation Regulations (14 CFR part 39) to manufacturer that all affected aircraft are in complies with one of the following: include an AD that would apply to compliance with the AD, or the information Passes the air data system performance certain Avidyne PFDs P/Ns 700–00006– that there are no affected aircraft left on the verification test, receives the factory 000, –001, –002, –003, and –100 that are U.S. registry. modification, or is replaced with a PFD installed on airplanes. This proposal With this in mind, we have that has complied with one of the was published in the Federal Register determined that we also should not base previous two conditions or is not one of as a notice of proposed rulemaking the applicability on the manufacturer’s the affected serial number PFDs. (NPRM) on November 14, 2008 (73 FR assurance that certain units have since Consequently, this AD will retain the 67429). The NPRM proposed to retain been modified, but rather should base actions from the previous AD until the the actions from AD 2008–06–28 R1 the applicability on those units that added terminating action has been until the affected PFD is factory originally needed the modification. The complied with. We are issuing this AD serviced; add the actions of a label or ‘‘unless already done’’ phrase in the AD to prevent certain conditions from marking check, an air data system would give AD credit to those that have existing when PFDs display incorrect performance verification test, and (if already incorporated the modification. attitude, altitude, and airspeed necessary) replacement of the PFD and information. This could result in We are not changing the final AD rule factory servicing of the failed PFD; and action as a result of this comment. airspeed/altitude mismanagement or reduce the serial number applicability spatial disorientation of the pilot with from that of AD 2008–06–28 R1. Conclusion consequent loss of airplane control, inadequate traffic separation, or Comments We have carefully reviewed the controlled flight into terrain. available data and determined that air We provided the public the safety and the public interest require DATES: This AD becomes effective on opportunity to participate in developing adopting the AD as proposed except for April 3, 2009. this AD. The following presents the On April 3, 2009, the Director of the minor editorial corrections. We have comment received on the proposal and determined that these minor Federal Register approved the FAA’s response to the comment: incorporation by reference of certain corrections: • publications listed in this AD. Comment Issue: Affected Units Are consistent with the intent that Identified in Service Information ADDRESSES: For service information was proposed in the NPRM for identified in this AD, contact Avidyne Mr. Frederic Barber, Avidyne correcting the unsafe condition; and Corporation, 55 Old Bedford Road, Corporation, comments that Avidyne • Do not add any additional burden Lincoln, MA 01773; telephone: (781) has updated their service information upon the public than was already 402–7400; fax: (781) 402–7599; E-mail: and issued Revision 2. He notes the test proposed in the NPRM. [email protected]; Internet: and repair requirements remain Costs of Compliance http://www.avidyne.com/. unchanged, but the list of serial To view the AD docket, go to U.S. numbers has been updated to remove We estimate that this AD affects 384 Department of Transportation, Docket those PFDs known to have been airplanes in the U.S. registry. Operations, M–30, West Building serviced since Revision 1 was We estimate the following costs to do Ground Floor, Room W12–140, 1200 published. Mr. Barber recommends that the serial number determination:
Total cost Total cost on Labor cost Parts cost per airplane U.S. operators
1 work-hour × $80 per hour = $80 ...... Not applicable ...... $80 $30,720
We estimate the following costs to do would be required based on the results of determining the number of airplanes any necessary test and replacement that of the proposed test. We have no way that may need this test and replacement:
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Total cost per Labor cost Parts cost airplane
4 work-hours × $80 per hour = $320 ...... Not applicable ...... $320
Authority for This Rulemaking Adoption of the Amendment (8) Piper Aircraft, Inc. Models PA–28–161, PA–28–181, PA–28R–201, PA–32R–301 (HP), Title 49 of the United States Code ■ Accordingly, under the authority PA–32R–301T, PA–32–301FT, PA–32– specifies the FAA’s authority to issue delegated to me by the Administrator, 301XTC, PA–34–220T, PA–44–180, PA–46– rules on aviation safety. Subtitle I, the Federal Aviation Administration 350P, PA–46R–350T, and PA–46–500TP. Section 106 describes the authority of amends part 39 of the Federal Aviation (d) If you have one of the affected part the FAA Administrator. Subtitle VII, Regulations (14 CFR part 39) as follows: number PFDs installed on your airplane, you Aviation Programs, describes in more must positively show that it is not one of the affected serial numbers or comply with detail the scope of the agency’s PART 39—AIRWORTHINESS DIRECTIVES paragraph (f), all subparagraphs, as authority. applicable in this AD. Under 14 CFR 43.7, We are issuing this rulemaking under ■ 1. The authority citation for part 39 the owner/operator holding at least a private the authority described in Subtitle VII, continues to read as follows: pilot certificate is allowed to do the check in Part A, Subpart III, Section 44701, paragraph (d)(1) of this AD. All other actions Authority: 49 U.S.C. 106(g), 40113, 44701. ‘‘General requirements.’’ Under that must be done by a certificated mechanic, unless noted differently. section, Congress charges the FAA with § 39.13 [Amended] (1) Do a logbook check of aircraft records promoting safe flight of civil aircraft in ■ 2. The FAA amends § 39.13 by (previously referred to in AD 2008–06–28 R1 air commerce by prescribing regulations removing Airworthiness Directive (AD) as ‘‘maintenance records’’) to determine if for practices, methods, and procedures 2008–06–28 R1, Amendment 39–15468 any PFD (P/Ns 700–00006–000, 700–00006– the Administrator finds necessary for (73 FR 19963, April 14, 2008), and 001, 700–00006–002, 700–00006–003, or safety in air commerce. This regulation adding the following new AD: 700–00006–100) with any affected serial is within the scope of that authority number listed in Avidyne Service Bulletin 2009–05–05 Avidyne Corporation: No. 601–00006–096, Revision 1, dated July because it addresses an unsafe condition Amendment 39–15829; Docket No. that is likely to exist or develop on 14, 2008, is installed. FAA–2008–1210; Directorate Identifier (i) If, as a result of the logbook check, you products identified in this AD. 2008–CE–047–AD. positively identify that the PFD installed Regulatory Findings Effective Date does not have a serial number affected by this AD, then only paragraph (f)(5) of this AD We have determined that this AD will (a) This AD becomes effective on April 3, applies to you. not have federalism implications under 2009. (ii) If, as a result of the logbook check, you Executive Order 13132. This AD will Affected ADs cannot positively identify the serial number of the PFD, do the visual inspection required not have a substantial direct effect on (b) This AD supersedes AD 2008–06–28 the States, on the relationship between in paragraph (d)(2) of this AD. R1, Amendment 39–15440. (iii) If, as a result of the logbook check, you the national government and the States, Applicability find any PFD installed with an affected serial or on the distribution of power and number, do the actions required by paragraph (c) This AD applies to Avidyne responsibilities among the various (f) of this AD, including all subparagraphs as levels of government. Corporation (Avidyne) Primary Flight applicable. Displays (PFDs), part numbers (P/Ns) 700– (2) If, as a result of the above logbook For the reasons discussed above, I 00006–000, 700–00006–001, 700–00006–002, certify that this AD: check, you cannot positively identify the 700–00006–003, and 700–00006–100 with serial number of the PFD, visually inspect 1. Is not a ‘‘significant regulatory any serial number listed in Avidyne Service any PFD (P/Ns 700–00006–000, 700–00006– action’’ under Executive Order 12866; Bulletin No. 601–00006–096, Revision 1, 001, 700–00006–002, 700–00006–003, or 2. Is not a ‘‘significant rule’’ under the dated July 14, 2008. Paragraph (d) of this AD 700–00006–100) for any affected serial DOT Regulatory Policies and Procedures gives procedures to determine if an affected number listed in Avidyne Service Bulletin serial number is installed on your airplane. No. 601–00006–096, Revision 1, dated July (44 FR 11034, February 26, 1979); and This AD applies to affected serial number 3. Will not have a significant 14, 2008. PFDs that are installed on, but not limited to (i) If, as a result of this visual inspection, economic impact, positive or negative, the airplanes below that are certificated in you positively identify that the PFD installed on a substantial number of small entities any category. does not have a serial number affected by this under the criteria of the Regulatory (1) Adam Aircraft Model A500; AD, then only paragraph (f)(5) of this AD Flexibility Act. (2) Cessna Aircraft Company Model 441 applies to you. We prepared a summary of the costs (STEC Alliant Supplemental Type Certificate (ii) If, as a result of this visual inspection, (STC) No. SA09547AC–D incorporated); you identify that the PDF installed does have to comply with this AD (and other (3) Cessna Aircraft Company Models information as included in the a serial number affected by this AD, do the LC42–550FG and LC41–550FG (Columbia actions required in paragraph (f) of this AD, Regulatory Evaluation) and placed it in Aircraft Manufacturing and The Lancair including all subparagraphs as applicable. the AD Docket. You may get a copy of Company previously held the type certificate this summary by sending a request to us for these airplanes); Unsafe Condition at the address listed under ADDRESSES. (4) Cirrus Design Corporation Models SR20 (e) This AD results from several field Include ‘‘Docket No. FAA–2008–1210; and SR22; reports of Avidyne PFDs displaying incorrect Directorate Identifier 2008–CE–047– (5) Diamond Aircraft Industries GmbH altitude and airspeed information and AD’’ in your request. Model DA 40; Avidyne preparing a factory modification (6) Hawker Beechcraft Corporation Model that will correct the possible incorrect List of Subjects in 14 CFR Part 39 E90 (STEC Alliant STC No. SA09545AC–D altitude and airspeed information displayed. incorporated); We are issuing this AD to prevent certain Air transportation, Aircraft, Aviation (7) Hawker Beechcraft Corporation Model conditions from existing when PFDs display safety, Incorporation by reference, 200 series (STEC Alliant STC No. incorrect attitude, altitude, and airspeed Safety. SA09543AC–D incorporated); and information. This could result in airspeed/
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altitude mismanagement or spatial loss of airplane control, inadequate traffic Compliance disorientation of the pilot with consequent separation, or controlled flight into terrain. (f) To address this problem, you must do the following, unless already done:
Actions Compliance Procedures
(1) Incorporate the operational limitations below Prior to further flight after April 3, 2009 (the Under 14 CFR 43.7, the owner/operator hold- by doing whichever of the following applies: effective date of this AD). ing at least a private pilot certificate is al- (i) For airplanes with an airplane flight lowed to insert the information into the manual (AFM), pilot’s operating hand- AFM, POH, AFMS, or maintenance records book (POH), or airplane flight manual as required in paragraph (f)(1)(i) or supplement (AFMS), incorporate the lan- (f)(1)(ii)(A) of this AD and fabricate the guage in the Appendix of this AD into placard required in paragraph (f)(1)(ii)(B) of the Limitations section of the AFM, POH, this AD. Make an entry into the aircraft or AFMS. records showing compliance with these por- (ii) For airplanes without an AFM, POH, or tions of the AD in accordance with 14 CFR AFMS, do the following: 43.9. (A) Incorporate the language in the Appen- dix of this AD into your aircraft mainte- nance records; and (B) Fabricate a placard (using at least 1⁄8- inch letters) with the following words and install the placard on the instrument panel within the pilot’s clear view: ‘‘THIS AD AND SUPERSEDED AD 2008–06– 28 R1 CONTAIN LIMITATIONS RE- GARDING AVIDYNE PRIMARY FLIGHT DISPLAYS (PFD) AND REQUIRED IN- CORPORATION OF THESE LIMITA- TIONS INTO THE AIRCRAFT RECORDS. YOU MUST FOLLOW THESE LIMITATIONS.’’ (2) Inspect for a label marked ‘‘Deviation 08– Within the next 15 days after April 3, 2009 Follow Avidyne Service Bulletin No. 601– 19A’’ on the exterior of the PFD near the (the effective date of this AD). 00006–096, Revision 1, dated July 14, TSO label or a ‘‘MOD 52’’ marking. 2008. (i) If the label marked ‘‘Deviation 08–19A’’ or ‘‘MOD 52’’ marking is present, then the PFD has received the factory modi- fication. Remove the limitations required by paragraph (f)(1) of this AD and AD 2008–06–28 R1. Except for the actions of paragraph (f)(5) of this AD, no further action is required by this AD. (ii) If the label or marking is not present, do the PFD air data system performance verification test in Section 3.3 of the ref- erenced service bulletin. (3) If the PFD passes the test required in para- Within the next 15 days after April 3, 2009 Follow Avidyne Service Bulletin No. 601– graph (f)(2)(ii) of this AD, remove the limita- (the effective date of this AD). 00006–096, Revision 1, dated July 14, tions required by paragraph (f)(1) of this AD 2008. and AD 2008–06–28 R1. Except for the ac- tions of paragraph (f)(5) of this AD, no further action is required by this AD. (4) If the PFD does not pass the test required Within the next 15 days after April 3, 2009 Follow Avidyne Service Bulletin No. 601– in paragraph (f)(2)(ii) of this AD, do the fol- (the effective date of this AD). 00006–096, Revision 1, dated July 14, lowing: 2008. (i) Remove the PFD, install a PFD that has passed the air data system performance verification test, has been factory modi- fied (PFD bears a label marked ‘‘Devi- ation 08–19A’’ on the exterior of the PFD near the TSO label or a ‘‘MOD 52’’ marking), or is not one of the affected serial number PFDs; (ii) Remove the limitations required by paragraph (f)(1) of this AD and AD 2008–06–28 R1; and (iii) Except for the actions of paragraph (f)(5) of this AD, no further action is re- quired by this AD.
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Actions Compliance Procedures
(5) Do not install any PFD (P/Ns 700–00006– As of April 3, 2009 (the effective date of this Not applicable. 000, 700–00006–001, 700–00006–002, 700– AD). 00006–003, or 700–00006–100) with any af- fected serial number listed in Avidyne Service Bulletin No. 601–00006–096, Revision 1, dated July 14, 2008, unless it has passed the air data system performance verification test or has been factory modified (PFD bears a label marked ‘‘Deviation 08–19A’’ on the ex- terior of the PFD near the TSO label or a ‘‘MOD 52’’ marking).
Alternative Methods of Compliance As a normal practice, all pilots should be DEPARTMENT OF TRANSPORTATION (AMOCs) vigilant in conducting proper preflight and (g) The Manager, Boston Aircraft in-flight checks of instrument accuracy, Federal Aviation Administration including: Certification Office, FAA, has the authority to • approve AMOCs for this AD, if requested Preflight check of the accuracy of both 14 CFR Part 39 using the procedures found in 14 CFR 39.19. the primary and backup altimeter against Send information to ATTN: Solomon Hecht, known airfield elevation and against each [Docket No. FAA–2009–0159; Directorate Aerospace Engineer, ANE–150, Boston other. Identifier 2008–NM–175–AD; Amendment • Aircraft Certification Office, 12 New England Verification of airspeed indications 39–15828; AD 2009–05–04] Executive Park, Burlington, Massachusetts consistent with prevailing conditions at RIN 2120–AA64 01803, telephone: (781) 238–7159, fax: (781) startup, during taxi, and prior to takeoff. • ‘‘Airspeed alive’’ check and reasonable 238–7170. Before using any approved AMOC Airworthiness Directives; Bombardier on any airplane to which the AMOC applies, indications during takeoff roll. notify your appropriate principal inspector • Maintenance of current altimeter setting Model CL–215–6B11 (CL–215T Variant) (PI) in the FAA Flight Standards District in both primary and backup altimeters. and CL–215–6B11 (CL–415 Variant) Office (FSDO), or lacking a PI, your local • Cross-check of primary and backup Airplanes FSDO. altimeters at each change of altimeter setting (h) AMOCs approved for AD 2008–06–28 and prior to entering instrument AGENCY: Federal Aviation R1 are approved for this AD. meteorological conditions (IMC). Administration (FAA), Department of • Cross-check of primary and backup Transportation (DOT). Material Incorporated by Reference altimeters and validation against other ACTION: Final rule; request for (i) You must use Avidyne Service Bulletin available data, such as glideslope intercept No. 601–00006–096, Revision 1, dated July altitude, prior to conducting any instrument comments. 14, 2008, to do the actions required by this approach. SUMMARY: The FAA is adopting a new AD, unless the AD specifies otherwise. • Periodic cross-checks of primary and (1) The Director of the Federal Register backup airspeed indicators, preferably in airworthiness directive (AD) for certain approved the incorporation by reference of combination with altimeter cross-checks. Bombardier Model CL–215–6B11 (CL– this service information under 5 U.S.C. For flight operations under instrument 215T variant) and CL–215–6B11 (CL– 552(a) and 1 CFR part 51. flight rules (IFR) or in conditions in which 415 variant) airplanes. This AD requires (2) For service information identified in visual reference to the horizon cannot be repetitive inspections for contamination this AD, contact Avidyne Corporation, 55 reliably maintained (that is IMC, night of grease, bearing wear checks, grease Old Bedford Road, Lincoln, MA 01773; operations, flight operations over water, in applications of the rudder lower torque telephone: (781) 402–7400; fax: (781) 402– haze or smoke) and the pilot has reasons to tube upper bearing, and a rudder upper 7599; E-mail: [email protected]; suspect that any source (PFD or back-up Internet: http://www.avidyne.com/. instruments) of attitude, airspeed, or altitude hinge gap check; and related (3) You may review copies of the service is not functioning properly, flight under IFR investigative and corrective actions if information incorporated by reference for or in these conditions must not be initiated necessary. This AD results from a report this AD at the FAA, Central Region, Office of (when condition is determined on the of corrosion on the rudder lower torque the Regional Counsel, 901 Locust, Kansas ground) and further flight under IFR or in tube upper bearing. We are issuing this City, Missouri 64106. For information on the these conditions is prohibited until AD to detect and correct corroded availability of this material at the Central equipment is serviced and functioning bearings which could lead to hinge Region, call (816) 329–3768. properly. (4) You may also review copies of the deformation, and could result in a Operation of aircraft not equipped with rudder jam and consequent reduced service information incorporated by reference operating backup (or standby) attitude, for this AD at the National Archives and altimeter, and airspeed indicators that are controllability of the airplane. Records Administration (NARA). For located where they are readily visible to the DATES: This AD becomes effective information on the availability of this pilot is prohibited. March 16, 2009. material at NARA, call (202) 741–6030, or go _ Pilots must frequently scan and crosscheck The Director of the Federal Register to: http://www.archives.gov/federal register/ flight instruments to make sure the code_of_federal_regulations/ibr_ approved the incorporation by reference information depicted on the PFD correlates locations.html. of certain publications listed in the AD and agrees with the information depicted on as of March 16, 2009. Appendix to Airworthiness Directive 2009– the backup instruments. We must receive comments on this 05–05 Limitations Regarding Avidyne Issued in Kansas City, Missouri, on AD by March 30, 2009. Primary Flight Displays (PFDs) February 19, 2009. ADDRESSES: You may send comments by Before conducting flight operations, pilots John Colomy, must review and be familiar with the any of the following methods: Acting Manager, Small Airplane Directorate, • Crosscheck Monitor section of the Avidyne Federal eRulemaking Portal: Go to Aircraft Certification Service. Primary Flight Display Pilot’s Guide and all http://www.regulations.gov. Follow the limitations contained in the aircraft operating [FR Doc. E9–4102 Filed 2–26–09; 8:45 am] instructions for submitting comments. handbook. BILLING CODE 4910–13–P • Fax: 202–493–2251.
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• Mail: U.S. Department of Corroded lower torque tube upper which can lead to hinge deformation, Transportation, Docket Operations, M– bearings can lead to hinge deformation, and result in a rudder jam and 30, West Building Ground Floor, Room which could result in a rudder jam and consequent reduced controllability of W12–140, 1200 New Jersey Avenue, SE., consequent reduced controllability of the airplane. This AD requires Washington, DC 20590. the airplane. accomplishing the actions specified in • Hand Delivery: U.S. Department of Relevant Service Information the service information described Transportation, Docket Operations, M– previously, except as discussed under 30, West Building Ground Floor, Room Bombardier has issued Bombardier ‘‘Differences Between This AD and the W12–140, 1200 New Jersey Avenue, SE., Service Bulletin 215–3151, dated May 5, Canadian Airworthiness Directive.’’ Washington, DC 20590, between 9 a.m. 2008 (for 215T variant airplanes); and and 5 p.m., Monday through Friday, Bombardier Service Bulletin 215–4394, Differences Between This AD and the except Federal holidays. dated May 5, 2008 (for 415 variant Canadian Airworthiness Directive For service information identified in airplanes). These service bulletins Bombardier Service Bulletin 215– this AD, contact Bombardier, Inc., 400 describe procedures for repetitive 3151, dated May 5, 2008 (for 215T Coˆte-Vertu Road West, Dorval, Que´bec detailed inspections for signs of variant airplanes); and Bombardier H4S 1Y9, Canada; telephone 514–855– contamination, including corrosion/rust Service Bulletin 215–4394, dated May 5, 5000; fax 514–855–7401; e-mail particles in the flange and housing of 2008 (for 415 variant airplanes) [email protected]; Internet the rudder lower torque tube upper recommend accomplishing the required http://www.bombardier.com. bearing. These service bulletins also actions ‘‘before and after every fire describe procedures for bearing wear Examining the AD Docket season,’’ but we find this interval to be checks, and grease applications of the imprecise and vague. In developing You may examine the AD docket on rudder lower torque tube upper bearing, the Internet at http:// appropriate compliance times for this and a rudder upper hinge gap check; AD, we considered not only the www.regulations.gov; or in person at the and related investigative and corrective Docket Management Facility between 9 manufacturer’s recommendation, but actions if necessary. Related the degree of urgency associated with a.m. and 5 p.m., Monday through investigative actions include inspecting addressing the subject unsafe condition, Friday, except Federal holidays. The AD old grease for signs of contamination, the average utilization of the affected docket contains this AD, the regulatory measuring the distance from the top of fleet, and the time necessary to perform evaluation, any comments received, and the bearing housing to the top of the the required actions. In light of all of other information. The street address for lower bearing flange shoulder at these factors, we find that a 6-month the Docket Office (telephone 800–647– multiple locations around the bearing, repetitive interval for the required 5527) is in the ADDRESSES section. and doing a visual inspection to actions is an appropriate interval of time Comments will be available in the AD determine the cause of the excessive for affected airplanes to continue to docket shortly after receipt. wear. Corrective actions include operate without compromising safety. FOR FURTHER INFORMATION CONTACT: replacing the bearing(s) and adjusting This difference has been coordinated Fabio Buttitta, Aerospace Engineer, the hinge gap. TCCA mandated the with TCCA. Airframe and Propulsion Branch, ANE– service information and issued 171, FAA, New York Aircraft Canadian airworthiness directive CF– Interim Action Certification Office, 1600 Stewart 2008–29, dated August 20, 2008 Avenue, Suite 410, Westbury, New York (referred to after this as ‘‘the MCAI’’), to We consider this proposed AD 11590; telephone (516) 228–7303; fax ensure the continued airworthiness of interim action. If final action is later (516) 794–5531. these airplanes in Canada. identified, we might consider further rulemaking then. SUPPLEMENTARY INFORMATION: FAA’s Determination and Requirements Discussion of This AD Costs of Compliance Transport Canada Civil Aviation This product has been approved by None of the airplanes affected by this (TCCA), which is the airworthiness the aviation authority of another action are on the U.S. Register. All authority for Canada, notified us that an country, and is approved for operation airplanes affected by this AD are unsafe condition may exist on in the United States. Pursuant to our currently operated by non-U.S. Bombardier Model CL–215–6B11 bilateral agreement with the State of operators under foreign registry; (CL–215T variant) and CL–215–6B11 Design Authority, we have been notified therefore, they are not directly affected (CL–415 variant) airplanes. TCCA of the unsafe condition described in the by this AD action. However, we advises that during a routine inspection, MCAI and service information consider this AD necessary to ensure an operator reported corrosion on the referenced above. We are issuing this that the unsafe condition is addressed if rudder lower torque tube upper bearing, AD because we evaluated all pertinent any affected airplane is imported and part number DAT48–64A, on two information and determined an unsafe placed on the U.S. Register in the future. airplanes. These bearings had been condition exists and is likely to exist or The following table provides the installed in accordance with develop on other products of the same estimated costs to comply with this AD Bombardier Service Bulletin 215–4328, type design. for any affected airplane that might be Revision 3, dated May 20, 2008, as part Therefore, we are issuing this AD to imported and placed on the U.S. of the torque tube replacement. detect and correct corroded bearings Register in the future.
ESTIMATED COSTS
Average Action Work hours labor rate Parts cost Cost per airplane per hour
Inspection ...... 4 $80 None...... $320 per inspection cycle.
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FAA’s Determination of the Effective the States, on the relationship between upper bearing. We are issuing this AD to Date the national government and the States, detect and correct corroded bearings which could lead to hinge deformation, and could No airplane affected by this AD is or on the distribution of power and responsibilities among the various result in a rudder jam and consequent currently on the U.S. Register. reduced controllability of the airplane. Therefore, providing notice and levels of government. opportunity for public comment is For the reasons discussed above, I Compliance unnecessary before this AD is issued, certify that the regulation: (e) You are responsible for having the and this AD may be made effective in 1. Is not a ‘‘significant regulatory actions required by this AD performed within less than 30 days after it is published in action’’ under Executive Order 12866; the compliance times specified, unless the the Federal Register. 2. Is not a ‘‘significant rule’’ under the actions have already been done. DOT Regulatory Policies and Procedures Inspections Comments Invited (44 FR 11034, February 26, 1979); and This AD is a final rule that involves 3. Will not have a significant (f) Within 6 months after the effective date economic impact, positive or negative, of this AD, do a detailed inspection for requirements affecting flight safety, and contamination of grease, a bearing wear we did not provide you with notice and on a substantial number of small entities check, and grease application of the rudder an opportunity to provide your under the criteria of the Regulatory lower torque tube upper bearing, and do a comments before it becomes effective. Flexibility Act. We prepared a rudder upper hinge gap check, in accordance However, we invite you to send any regulatory evaluation of the estimated with the Accomplishment Instructions of written data, views, or arguments about costs to comply with this AD and placed Bombardier Service Bulletin 215–3151, dated this AD. Send your comments to an it in the AD docket. See the ADDRESSES May 5, 2008 (for 215T variant airplanes); or address listed under the ADDRESSES section for a location to examine the Bombardier Service Bulletin 215–4394, dated section. Include ‘‘Docket No. FAA– regulatory evaluation. May 5, 2008 (for 415 variant airplanes); as 2009–0159; Directorate Identifier 2008– applicable. Do all related investigative and NM–175–AD’’ at the beginning of your List of Subjects in 14 CFR Part 39 corrective actions before further flight in comments. We specifically invite Air transportation, Aircraft, Aviation accordance with the service bulletin, as applicable. Repeat the detailed inspection comments on the overall regulatory, safety, Incorporation by reference, thereafter at intervals not to exceed 6 months. economic, environmental, and energy Safety. Note 1: For the purposes of this AD, a aspects of this AD. We will consider all Adoption of the Amendment detailed inspection is: ‘‘An intensive comments received by the closing date examination of a specific item, installation, and may amend this AD because of ■ Accordingly, under the authority or assembly to detect damage, failure, or those comments. delegated to me by the Administrator, irregularity. Available lighting is normally We will post all comments we the FAA amends 14 CFR part 39 as supplemented with a direct source of good receive, without change, to http:// follows: lighting at an intensity deemed appropriate. www.regulations.gov, including any Inspection aids such as mirror, magnifying personal information you provide. We PART 39—AIRWORTHINESS lenses, etc., may be necessary. Surface will also post a report summarizing each DIRECTIVES cleaning and elaborate procedures may be substantive verbal contact we receive required.’’ about this AD. ■ 1. The authority citation for part 39 continues to read as follows: Exception to Service Bulletin Specifications Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. (g) Although Bombardier Service Bulletin Title 49 of the United States Code 215–3151, dated May 5, 2008; and specifies the FAA’s authority to issue § 39.13 [Amended] Bombardier Service Bulletin 215–4394, dated May 5, 2008; specify to submit certain rules on aviation safety. Subtitle I, ■ 2. The Federal Aviation information to the manufacturer, this AD Section 106, describes the authority of Administration (FAA) amends § 39.13 does not include that requirement. the FAA Administrator. Subtitle VII, by adding the following new Aviation Programs, describes in more airworthiness directive (AD): Alternative Methods of Compliance detail the scope of the Agency’s (AMOCs) 2009–05–04 Bombardier Inc. (Formerly authority. (h) The Manager, New York Aircraft Canadair): Amendment 39–15828. Certification Office (ACO), ANE–170, FAA, We are issuing this rulemaking under Docket No. FAA–2009–0159; Directorate has the authority to approve AMOCs for this the authority described in Subtitle VII, Identifier 2008–NM–175–AD. Part A, Subpart III, Section 44701, AD, if requested using the procedures found ‘‘General requirements.’’ Under that Effective Date in 14 CFR 39.19. Send information to ATTN: section, Congress charges the FAA with (a) This AD becomes effective March 16, Fabio Buttitta, Aerospace Engineer, Airframe 2009. and Propulsion Branch, ANE–171, FAA, New promoting safe flight of civil aircraft in York Aircraft Certification Office, 1600 air commerce by prescribing regulations Affected ADs Stewart Avenue, Suite 410, Westbury, New for practices, methods, and procedures (b) None. York 11590; telephone (516) 228–7303; fax the Administrator finds necessary for (516) 794–5531. Before using any approved safety in air commerce. This regulation Applicability AMOC on any airplane to which the AMOC is within the scope of that authority (c) This AD applies to the following applies, notify your principal maintenance because it addresses an unsafe condition airplanes, certificated in any category: inspector (PMI) or principal avionics that is likely to exist or develop on (1) Bombardier Model CL–215–6B11 (CL– inspector (PAI), as appropriate, or lacking a products identified in this rulemaking 215T variant) airplanes, serial numbers 1056 principal inspector, your local Flight action. through 1125 inclusive, and Standards District Office. The AMOC (2) Bombardier Model CL–215–6B11 (CL– approval letter must specifically reference Regulatory Findings 415 variant) airplanes, serial numbers 2001 this AD. through 2990 inclusive. We have determined that this AD will Related Information not have federalism implications under Unsafe Condition (i) Canadian airworthiness directive CF– Executive Order 13132. This AD will (d) This AD results from a report of 2008–29, dated August 20, 2008, also not have a substantial direct effect on corrosion on the rudder lower torque tube addresses the subject of this AD.
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Material Incorporated by Reference ENVIRONMENTAL PROTECTION 0485. EPA’s policy is that all comments (j) You must use Bombardier Service AGENCY received will be included in the public Bulletin 215–3151, dated May 5, 2008; or docket without change and may be Bombardier Service Bulletin 215–4394, dated 40 CFR Part 52 made available online at http:// May 5, 2008; as applicable; to do the actions www.regulations.gov, including any required by this AD, unless the AD specifies [EPA–R01–OAR–2008–0485; A–1–FRL– 8771–3] personal information provided, unless otherwise. the comment includes information (1) The Director of the Federal Register claimed to be Confidential Business approved the incorporation by reference of Approval and Promulgation of Air this service information under 5 U.S.C. Quality Implementation Plans; New Information (CBI) or other information 552(a) and 1 CFR part 51. Hampshire; 2009 Motor Vehicle whose disclosure is restricted by statute. (2) For service information identified in Emissions Budgets for the Boston- Do not submit through http:// this AD, contact Bombardier, Inc., 400 Coˆte- Manchester-Portsmouth (SE), New www.regulations.gov, or e-mail, Vertu Road West, Dorval, Que´bec H4S 1Y9, Hampshire, 8-Hour Ozone information that you consider to be CBI Canada; telephone 514–855–5000; fax 514– Nonattainment Area or otherwise protected. The http:// 855–7401; e-mail www.regulations.gov Web site is an [email protected]; Internet http:// AGENCY: Environmental Protection ‘‘anonymous access’’ system, which www.bombardier.com. Agency (EPA). means EPA will not know your identity (3) You may review copies of the service ACTION: Direct final rule. or contact information unless you information that is incorporated by reference provide it in the body of your comment. at the FAA, Transport Airplane Directorate, SUMMARY: EPA is approving a State If you send an e-mail comment directly 1601 Lind Avenue, SW., Renton, Implementation Plan (SIP) revision Washington. For information on the to EPA without going through http:// submitted by the State of New www.regulations.gov your e-mail availability of this material at the FAA, call Hampshire. This revision contains 8- 425–227–1221 or 425–227–1152. address will be automatically captured (4) You may also review copies of the hour ozone transportation conformity and included as part of the comment service information at the National Archives emission budgets for the Boston- that is placed in the public docket and and Records Administration (NARA). For Manchester-Portsmouth (SE), New made available on the Internet. If you information on the availability of this Hampshire, 8-hour ozone nonattainment submit an electronic comment, EPA material at NARA, call 202–741–6030, or go area. This action is being taken under recommends that you include your to: http://www.archives.gov/federal_register/ the Clean Air Act. code_of_federal_regulations/ name and other contact information in DATES: This direct final rule will be ibr_locations.html. the body of your comment and with any effective April 28, 2009, unless EPA disk or CD–ROM you submit. If EPA Issued in Renton, Washington, on February receives adverse comments by March cannot read your comment due to 17, 2009. 30, 2009. If adverse comments are technical difficulties and cannot contact Ali Bahrami, received, EPA will publish a timely you for clarification, EPA may not be Manager, Transport Airplane Directorate, withdrawal of the direct final rule in the able to consider your comment. Aircraft Certification Service. Federal Register informing the public Electronic files should avoid the use of [FR Doc. E9–3864 Filed 2–26–09; 8:45 am] that the rule will not take effect. special characters, any form of BILLING CODE 4910–13–P ADDRESSES: Submit your comments, encryption, and be free of any defects or identified by Docket ID Number EPA– viruses. R01–OAR–2008–0485 by one of the Docket: All documents in the DEPARTMENT OF THE TREASURY following methods: electronic docket are listed in the 1. http://www.regulations.gov: Follow http://www.regulations.gov index. Internal Revenue Service the on-line instructions for submitting Although listed in the index, some comments. information is not publicly available, 26 CFR Part 1 2. E-mail: [email protected]. i.e., CBI or other information whose [TD 9441] 3. Fax: (617) 918–0047. disclosure is restricted by statute. 4. Mail: ‘‘Docket Identification Certain other material, such as RIN 1545–BI46 Number EPA–R01–OAR–2008–0485’’, copyrighted material, is not placed on Anne Arnold, U.S. Environmental the Internet and will be publicly Section 482: Methods To Determine Protection Agency, EPA New England available only in hard copy form. Taxable Income in Connection With a Regional Office, One Congress Street, Publicly available docket materials are Cost Sharing Arrangement Suite 1100 (mail code CAQ), Boston, available either electronically in http:// Correction MA 02114–2023. www.regulations.gov or in hard copy at 5. Hand Delivery or Courier. Deliver Office of Ecosystem Protection, U.S. In rule document E8–30715 beginning your comments to: Anne Arnold, Environmental Protection Agency, EPA on page 340 in the issue of Monday, Manager, Air Quality Planning Unit, New England Regional Office, One January 5, 2009 make the following Office of Ecosystem Protection, U.S. Congress Street, Suite 1100, Boston, correction: Environmental Protection Agency, EPA MA. EPA requests that if at all possible, §1.482–7T [Corrected] New England Regional Office, One you contact the contact listed in the FOR On page 354, in §1.482–7T(b)(5), in Congress Street, 11th floor, (CAQ), FURTHER INFORMATION CONTACT section to the second column, in paragraph (5), in Boston, MA 02114–2023. Such schedule your inspection. The Regional the second line, ‘‘(i) Situation in which deliveries are only accepted during the Office’s official hours of business are Commissioner must treat arrangement Regional Office’s normal hours of Monday through Friday, 8:30 to 4:30, as a CSA.’’ should read ‘‘(i)Situation in operation. The Regional Office’s official excluding legal holidays. In addition, copies of the state which Commissioner must treat hours of business are Monday through submittal are also available for public arrangement as a CSA.’’ Friday, 8:30 to 4:30, excluding legal holidays. inspection during normal business [FR Doc. Z8–30715 Filed 2–26–09; 8:45 am] Instructions: Direct your comments to hours, by appointment at the State Air BILLING CODE 1505–01–D Docket ID No. EPA–R01–OAR–2008– Agency; Air Resources Division,
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Department of Environmental Services, quality assured ozone data for 2008 area. Before these budgets were 6 Hazen Drive, P.O. Box 95, Concord, available in the EPA Air Quality System determined adequate (see Section III NH 03302–0095. (AQS) database, but not yet certified, ‘‘Adequacy Process and SIP Approval’’ FOR FURTHER INFORMATION CONTACT: show this area continues to attain the below), the four New Hampshire MPOs Donald O. Cooke, Air Quality Unit, U.S. 1997 ozone NAAQS. in the nonattainment area 2 were Environmental Protection Agency, EPA Under the provisions of EPA’s ozone required to determine conformity jointly New England Regional Office, One implementation rule (see 40 CFR using: (1) The 2002 interim emissions Congress Street, Suite 1100 (CAQ), Section 51.918), this determination of budgets for that portion of the 8-hour Boston, MA 02114–2023, telephone attainment suspended the requirements ozone area located within the former number (617) 918–1668, fax number for the Boston-Manchester-Portsmouth Manchester 1-hour ozone nonattainment (617) 918–0668, e-mail (SE), New Hampshire moderate ozone area; (2) the 2007 MVEBs for the former [email protected]. nonattainment area to submit an Boston-Lawrence-Worcester, Southern attainment demonstration, a reasonable New Hampshire 1-hour ozone SUPPLEMENTARY INFORMATION: further progress plan, section 172(c)(9) nonattainment area; and, (3) the 2003 Throughout this document whenever contingency measures, and any other MVEBs for the former Portsmouth- ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean planning State Implementation Plans Dover-Rochester, New Hampshire 1- EPA. (SIPs) related to attainment of the 1997 hour ozone nonattainment area. Organization of this document. The 8-hour ozone NAAQS for so long as the following outline is provided to aid in area continues to attain the 1997 ozone II. Comparisons of Year 2002 Emissions locating information in this preamble. NAAQS. However, this action did not to Year 2009 I. Background and Purpose constitute a redesignation to attainment Inventory information developed for II. Comparisons of Year 2002 Emissions to under CAA section 107(d)(3), because the New Hampshire 2002 Periodic Year 2009 the area did not have an approved Emission Inventory, as well as for 2009 III. Adequacy Process and SIP Approval maintenance plan as required under emission projections, was prepared on a IV. Transportation Conformity Motor Vehicle section 175A of the CAA, nor a full county level, not on an individual Emissions Budgets determination that the area had met the town basis. Interagency consultation V. Basis for Approval other requirements for redesignation. between EPA and the New Hampshire VI. Final Action Department of Environmental Services VII. Statutory and Executive Order Reviews The classification and designation status of the area remains moderate established that emissions reductions I. Background and Purpose nonattainment for the 1997 8-hour calculated for the four full county On April 30, 2004 (69 FR 23857), EPA ozone NAAQS and transportation and inventories (point sources, area sources, designated as nonattainment any area general conformity continue to apply. non-road and on-road mobile) would be that was violating the 1997 0.08 parts On May 28, 2008, the State of New proportional to emissions reductions in per million (ppm) 8-hour ozone national Hampshire submitted a formal revision the slightly smaller area of the Boston- ambient air quality standard (NAAQS) to its SIP containing 8-hour ozone Manchester-Portsmouth (SE), New based on the three most recent years transportation conformity emission Hampshire, 8-hour ozone nonattainment (2001–2003) of air quality data.1 budgets in tons per summer day, of area. However, the actual 2009 MVEBs Portions of Hillsborough, Merrimack, volatile organic compounds (VOC) and were developed on a town-by-town Rockingham and Strafford Counties in oxides of nitrogen (NOX) for the year basis and correspond to the actual area New Hampshire were designated as a 2009 for the Boston-Manchester- of the 8-hour nonattainment area. The total inventory of VOC for moderate ozone nonattainment area Portsmouth (SE), New Hampshire Hillsborough, Merrimack, Rockingham, (specifically, the Boston-Manchester- moderate 8-hour ozone nonattainment and Strafford Counties is 231,636 Portsmouth (SE), New Hampshire area). area. This SIP revision was developed in pounds per summer weekday in The rest of New Hampshire was accordance with EPA’s transportation conformity rule (69 FR 40028; July 1, calendar year 2002, and is projected to designated as attainment of the 1997 8- 2004), which allows states with 8-hour be 195,536 pounds per summer hour ozone NAAQS. (See 40 CFR ozone nonattainment areas to adopt weekday in calendar year 2009. This 81.330.) One year after the June 15, 2004 early motor vehicle emissions budgets represents an overall inventory effective date of the 8-hour ozone (MVEBs) that address the 8-hour ozone reduction of 15.58% (36,099 pounds of designations, transportation and general NAAQSs in advance of a complete SIP VOC per summer weekday). Similarly, conformity applied to the attainment demonstration. EPA’s clean the total inventory of NOX for nonattainment area. air determination has stayed the state’s Hillsborough, Merrimack, Rockingham, On March 18, 2008, EPA determined obligation to prepare an 8-hour ozone and Strafford Counties is 280,757 that the Boston-Manchester-Portsmouth attainment SIP for the 1997 ozone pounds per summer weekday in (SE), New Hampshire moderate 8-hour standard. The submitted SIP revision calendar year 2002, and is projected to ozone nonattainment area had attained establishes budgets to simplify the be 191,074 pounds per summer the 1997 8-hour ozone NAAQS. (See 73 conformity process for New Hampshire weekday in calendar year 2009. This FR 14387.) This determination of Metropolitan Planning Organizations represents an overall inventory attainment was based upon certified (MPOs) while increasing the level of reduction of 31.94% (89,683 pounds of ambient air monitoring data that show protection for New Hampshire’s citizens NOX per summer weekday). On-road the Boston-Manchester-Portsmouth (SE), during this interim period before mobile VOC and NOX 2009 summer New Hampshire area had monitored MVEBs are established by an 8-hour weekday emissions are expected to attainment of the 1997 ozone NAAQS ozone redesignation plan and its decrease significantly from 2002 levels since the 2002–2004 monitoring period. maintenance plan. At present, quality controlled and The 8-hour ozone motor vehicle 2 The four metropolitan planning organizations emissions budgets for calendar year within 8-hr ozone nonattainment area are: the 1 On March 27, 2008 (73 FR 16436), EPA revised Nashua Regional Planning Commission; the the 8-hour ozone standard. The new standard is set 2009 included in New Hampshire’s May Rockingham Planning Commission; the Southern at 0.075 ppm. EPA has not yet made designations 28, 2008 SIP revision cover the exact New Hampshire Planning Commission, and the for the 2008 ozone standard. area of the 8-hr ozone nonattainment Strafford Regional Planning Commission.
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(38.13% reduction of VOC and 36.24% Hampshire four counties (Hillsborough, considerably from year 2002 to year reduction of NOX). Merrimack, Rockingham, and Strafford 2009 for all source categories, except Table 1 below shows that VOC and Counties) are expected to decrease area sources. NOX emissions in the southern New
TABLE 1—BASELINE AND FUTURE EMISSIONS FOR THE SOUTHERN FOUR COUNTIES OF NEW HAMPSHIRE [In pounds per summer weekday]
VOC NOX Sector 2002 2009 Change % Change 2002 2009 Change % Change
Point Sources ...... 15,700 8,982 ¥6,718 ¥42.79 66,760 25,526 ¥41,234 ¥61.76 Area Sources...... 86,622 99,486 12,864 14.85 33,264 38,125 4,861 14.61 Non-Road Mobile ...... 61,026 44,822 ¥16,204 ¥26.55 46,086 41,568 ¥4,518 ¥9.80 On-Road Mobile ...... 68,286 42,246 ¥26,040 ¥38.13 134,647 85,855 ¥48,792 ¥36.24
Total ...... 231,636 195,536 ¥36,099 ¥15.58 280,757 191,074 ¥89,683 ¥31.94
III. Adequacy Process and SIP submitted a 2009 MVEB SIP for 8-hour demonstrating transportation Approval ozone on EPA’s Web site ‘‘SIP conformity by establishing the 2009 On March 2, 1999, the United States Submissions Currently Under EPA VOC and NOX motor vehicle emissions Court of Appeals for the District of Adequacy Review’’ http://www.epa.gov/ budgets as conformity criteria for all Columbia Circuit issued a decision on otaq/stateresources/transconf/ 2009 and later evaluation years. In EPA’s third set of transportation currsips.htm. The criteria by which EPA addition, New Hampshire’s 2009 motor conformity amendments in response to determines whether a SIP’s motor vehicle emissions budgets will help a case brought by the Environmental vehicle emissions budgets are adequate ensure maintenance of the 8-hour ozone Defense Fund. The decision held that for conformity purposes are outlined in NAAQS by limiting the transportation conformity determinations could no 40 CFR 93.118(e)(4)(i) through sector to a more restrictive year 2009 longer be based on submitted SIP 93.118(e)(4)(vi) and 93.118(e)(5). On level of on-road VOC and NOX than emission budgets, prior to a positive July 9. 2008, EPA notified the New currently allowed by transportation adequacy determination by EPA. Hampshire Department of conformity’s interim emission tests A May 14, 1999 EPA memorandum Environmental Services (NH DES) that which are based on a combination of from Gay MacGregor to the Regional no comments were received during the 2002 emissions, 2003 1-hour ozone Division Directors provides guidance on thirty day public comment period, and MVEBs and 2007 1-hour ozone MVEBs how to review budgets for adequacy and that EPA had determined the 2009 in the 8-hour ozone nonattainment area. the process for public comment and motor vehicle emissions budgets Today’s direct final rulemaking notification (posting on the Web). The submitted on May 28, 2008, to be approves New Hampshire’s adequate May 14, 1999 guidance is available on adequate for transportation conformity 2009 8-hour ozone motor vehicle EPA’s conformity Web site at URL purposes. EPA New England published emissions budgets into the New address: http://www.epa.gov/otaq/ a Notice of Adequacy in the Federal Hampshire SIP. stateresources/transconf/policy/ Register on July 28, 2008, (73 FR IV. Transportation Conformity Motor epaguidf.pdf. EPA provided additional 43751), announcing our July 9, 2008 Vehicle Emissions Budgets guidance in its Final Rulemaking on adequacy determination and making the July 1, 2004, (69 FR 40004–40081), motor vehicle emissions budgets The 2009 8-hour ozone motor vehicle ‘‘Transportation Conformity Rule effective on August 12, 2008. A copy of emissions budgets being approved are Amendments for the New 8-hour Ozone EPA’s July 9, 2008 adequacy the on-road portion of the 2009 and PM2.5 National Ambient Air Quality determination to NH DES and the emissions projections. As illustrated in Standards and Miscellaneous Revisions Federal Register Notice of Adequacy are Table 2, below, the budgets are 15.31 for Existing Areas; Transportation both posted in the electronic docket as tons per summer day for VOC and 28.53 Conformity Rule Amendments: well as on EPA’s Web site ‘‘SIP tons per summer day for NOX. The State Response to Court Decision and Submissions that EPA has Found of New Hampshire Department of Additional Rule Changes; Final Rule.’’ Adequate or Inadequate,’’ at URL Transportation and Metropolitan EPA initiated the adequacy process address: http://www.epa.gov/otaq/ Planning Organizations within the for New Hampshire’s motor vehicle stateresources/transconf/pastsips.htm. nonattainment area shall use these emissions budgets on June 4, 2008, by This positive adequacy determination budgets for future transportation announcing that New Hampshire had simplifies the administrative process for conformity determinations.
TABLE 2—2009 TRANSPORTATION CONFORMITY EMISSION BUDGETS
VOC emissions NOX emissions (tons per (tons per summer day) summer day)
Boston-Manchester-Portsmouth (SE), New Hampshire moderate 8-hour ozone nonattainment area ...... 15.31 28.53
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V. Basis for Approval using in conjunction with the interim Federal regulations. 42 U.S.C. 7410(k); EPA’s review of New Hampshire’s SIP emissions tests. 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve revision concludes that this SIP revision VI. Final Action state choices, provided that they meet is consistent with EPA’s Transportation EPA is approving New Hampshire’s Conformity Rule. Approval of New the criteria of the Clean Air Act. 2009 motor vehicle emissions budgets Accordingly, this action merely Hampshire’s SIP revision is for the 8-hour ozone National Ambient directionally sound since it would approves state law as meeting Federal Air Quality Standard, which were requirements and does not impose approve year 2009 motor vehicle submitted on May 28, 2008, into the emissions budgets which are more additional requirements beyond those New Hampshire SIP. The VOC and NOX stringent than the year 2002 baseline imposed by state law. For that reason, motor vehicle emissions budgets being this action: emissions, and more stringent than the approved are the on-road mobile source • year 2003 and year 2007 1-hour ozone Is not a ‘‘significant regulatory 2009 projections of 15.31 tons per action’’ subject to review by the Office attainment demonstration MVEBs now summer day of VOC and 28.53 tons per used to evaluate transportation of Management and Budget under summer day of NOX. These motor conformity in the Boston-Manchester- Executive Order 12866 (58 FR 51735, vehicle emissions budgets must be used October 4, 1993); Portsmouth (SE), New Hampshire 8- to demonstrate that all transportation • hour ozone nonattainment area. The Does not impose an information plans and transportation improvement collection burden under the provisions projected overall summer weekday programs in the Boston-Manchester- inventory reduction in VOC emissions of the Paperwork Reduction Act (44 Portsmouth (SE), New Hampshire, 8- U.S.C. 3501 et seq.); from 2002 to 2009 is approximately 15.6 hour ozone nonattainment area result in • percent, along with a 31.9 percent Is certified as not having a emissions of VOC and NOX that do not significant economic impact on a reduction in NOX emissions. This exceed the 2009 motor vehicle results from a projected 38 percent substantial number of small entities emissions budgets. under the Regulatory Flexibility Act (5 reduction in VOC emissions and a 36 The EPA is publishing this action U.S.C. 601 et seq.); percent reduction in NOX emissions without prior proposal because the • Does not contain any unfunded from on-road mobile sources. Agency views this as a noncontroversial mandate or significantly or uniquely New Hampshire’s projected reduction amendment and anticipates no adverse affect small governments, as described in VOC and NOX emissions will help comments. However, in the proposed in the Unfunded Mandates Reform Act ensure maintenance of the 8-hour ozone rules section of this Federal Register of 1995 (Pub. L. 104–4); standard. The projected reduction in publication, EPA is publishing a • Does not have Federalism both on-road mobile sources and overall separate document that will serve as the implications as specified in Executive inventory is greater than the five to ten proposal to approve the SIP revision Order 13132 (64 FR 43255, August 10, percent reduction that was provided as should relevant adverse comments be 1999); an example in the July 2004 conformity filed. This rule will be effective April • Is not an economically significant rule preamble (69 FR 40019; July 1, 28, 2009 without further notice unless regulatory action based on health or 2004). EPA believes that New the Agency receives relevant adverse safety risks subject to Executive Order Hampshire’s May 28, 2008 SIP revision comments by March 30, 2009. containing 2009 motor vehicle 13045 (62 FR 19885, April 23, 1997); If the EPA receives such comments, • emissions budgets for the Southeast then EPA will publish a notice Is not a significant regulatory action New Hampshire moderate 8-hour ozone withdrawing the final rule and subject to Executive Order 13211 (66 FR nonattainment area should be approved 28355, May 22, 2001); informing the public that the rule will • since it will strengthen the existing SIP. not take effect. All public comments Is not subject to requirements of Listed below are several factors that received will then be addressed in a Section 12(d) of the National make New Hampshire’s SIP package subsequent final rule based on the Technology Transfer and Advancement directionally sound. proposed rule. The EPA will not Act of 1995 (15 U.S.C. 272 note) because 1. On March 18, 2008, (73 FR 14387) institute a second comment period on application of those requirements would the EPA determined that the Boston- the proposed rule. All parties interested be inconsistent with the Clean Air Act; Manchester-Portsmouth (SE), New and in commenting on the proposed rule • Hampshire moderate 8-hour ozone should do so at this time. If no such Does not provide EPA with the nonattainment area had attained the comments are received, the public is discretionary authority to address, as 1997 8-hour NAAQS for ozone. advised that this rule will be effective appropriate, disproportionate human 2. Certified ambient air monitoring on April 28, 2009 and no further action health or environmental effects, using data continues to show that the area is will be taken on the proposed rule. practicable and legally permissible monitoring attainment for the 1997 8- Please note that if EPA receives adverse methods, under Executive Order 12898 hour ozone NAAQS. comment on an amendment, paragraph, (59 FR 7629, February 16, 1994). 3. There is a very large percent or section of this rule and if that In addition, this rule does not have reduction projected in both VOC and provision may be severed from the tribal implications as specified by NOX on-road emissions (38% and 36%, remainder of the rule, EPA may adopt Executive Order 13175 (65 FR 67249, respectively). New Hampshire’s June 7, as final those provisions of the rule that November 9, 2000), because the SIP is 2007 submittal of its 2002 Periodic are not the subject of an adverse not approved to apply in Indian country Inventory shows that on-road mobile comment. located in the state, and EPA notes that sources made up 29 percent of the VOC it will not impose substantial direct VII. Statutory and Executive Order inventory and 50 percent of the NOX costs on tribal governments or preempt inventory for the 8-hour ozone Reviews tribal law. nonattainment area. Under the Clean Air Act, the The Congressional Review Act, 5 4. The 2009 motor vehicle emissions Administrator is required to approve a U.S.C. 801 et seq., as added by the Small budgets are more stringent than existing SIP submission that complies with the Business Regulatory Enforcement 1-hour budgets that the area has been provisions of the Act and applicable Fairness Act of 1996, generally provides
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that before a rule may take effect, the 15.31 tons per summer day of volatile transportation, Incorporation by agency promulgating the rule must organic compounds (VOC) and 28.53 reference, Indian lands, submit a rule report, which includes a tons per summer day of nitrogen oxides Intergovernmental relations, Penalties, copy of the rule, to each House of the (NOX) to be used in transportation Reporting and recordkeeping Congress and to the Comptroller General conformity in the Boston-Manchester- requirements. of the United States. EPA will submit a Portsmouth (SE), New Hampshire Authority: This action is issued under the report containing this action and other moderate 8-hour ozone nonattainment authority of section 2002(a), 3006 and required information to the U.S. Senate, area. 7004(b) of the Solid Waste Disposal Act, as the U.S. House of Representatives, and [FR Doc. E9–4134 Filed 2–26–09; 8:45 am] amended, 42 U.S.C. 6912(a), 6926 and the Comptroller General of the United 6974(b). BILLING CODE 6560–50–P States prior to publication of the rule in Dated: February 23, 2009. the Federal Register. A major rule William Rice, cannot take effect until 60 days after it ENVIRONMENTAL PROTECTION Acting Regional Administrator, Region 7. is published in the Federal Register. AGENCY [FR Doc. E9–4231 Filed 2–26–09; 8:45 am] This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). 40 CFR Part 271 BILLING CODE 6560–50–P Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of [EPA–RO7–RCRA–2008–0830; FRL–8778–1] this action must be filed in the United Nebraska: Final Authorization of State DEPARTMENT OF HEALTH AND States Court of Appeals for the Hazardous Waste Management HUMAN SERVICES appropriate circuit by April 28, 2009. Program Revisions; Withdrawal of Centers for Medicare & Medicaid Filing a petition for reconsideration by Immediate Final Rule the Administrator of this final rule does Services not affect the finality of this action for AGENCY: Environmental Protection the purposes of judicial review nor does Agency (EPA). 42 CFR Parts 401 and 405 it extend the time within which a ACTION: Withdrawal of immediate final [CMS–4064–RCN2] petition for judicial review may be filed, rule. and shall not postpone the effectiveness RIN 0938–AM73 of such rule or action. This action may SUMMARY: Because EPA received not be challenged later in proceedings to adverse comment, we are withdrawing Medicare Program; Changes to the enforce its requirements. (See section the immediate final rule for Nebraska: Medicare Claims Appeal Procedures; 307(b)(2).) Final Authorization of State Hazardous Continuation of Effectiveness and Waste Management Program Revisions, Extension of Timeline for Publication List of Subjects in 40 CFR Part 52 published on December 30, 2008. of Final Rule Environmental protection, Air DATES: Effective February 27, 2009, EPA AGENCY: Centers for Medicare & pollution control, Carbon monoxide, withdraws the immediate final rule Medicaid Services (CMS), HHS. Incorporation by reference, published at 73 FR 79661 on December Intergovernmental relations, Lead, 30, 2008. ACTION: Interim final rule with comment Nitrogen dioxide, Ozone, Particulate period; continuation of effectiveness FOR FURTHER INFORMATION CONTACT: Lisa and extension of timeline for matter, Reporting and recordkeeping Haugen, Immediate Office, Air and publication of final rule. requirements, Sulfur oxides, Volatile Waste Management Division, EPA organic compounds. Region 7, 901 North 5th Street, Kansas SUMMARY: This notice announces the Dated: January 27, 2009. City, Kansas 66101, telephone (913) continuation of effectiveness of a Ira W. Leighton, 551–7877, [email protected]. Medicare interim final rule with Acting Regional Administrator, EPA New SUPPLEMENTARY INFORMATION: Because comment period and the extension of England. EPA received adverse comment, we are the timeline for publication of the final ■ Part 52 of chapter I, title 40 of the withdrawing the immediate final rule rule. This notice is issued in accordance Code of Federal Regulations is amended for Nebraska: Final Authorization of with section 1871(a)(3)(C) of the Social as follows: State Hazardous Waste Management Security Act (the Act), which allows an Program Revisions published on interim final rule to remain in effect PART 52—[AMENDED] December 30, 2008 (73 FR 79661). We after the expiration of the timeline ■ 1. The authority citation for part 52 stated in that immediate final rule that specified in section 1871(a)(3)(B) of the continues to read as follows: if we received adverse comment by Act (the ‘‘regular timeline’’) or, if January 29, 2009, the immediate final applicable, at the end of each Authority: 42 U.S.C. 7401 et seq. rule would not take effect and we would succeeding 1-year extension to the Subpart EE—New Hampshire publish a timely withdrawal in the regular timeline, if prior to the Federal Register. We will address the expiration of the timeline, the Secretary ■ 2. Section 52.1534 is amended by comment in a subsequent final action. publishes in the Federal Register a adding paragraph (d) to read as follows: As stated in the immediate final rule notice of continuation and explains why and the parallel proposed rule, we will the regular timeline or any subsequent § 52.1534 Control strategy: Ozone. not institute a second comment period extension was not complied with. * * * * * in this action. DATES: Effective Date: February 27, (d) Approval—Revision to the State 2009. Implementation Plan submitted by the List of Subjects in 40 CFR Part 271 New Hampshire Department of Environmental protection, FOR FURTHER INFORMATION CONTACT: Environmental Services on May 28, Administrative practice and procedure, David Danek, (617) 565–2682. Arrah 2008. This revision establishes Year Confidential business information, Tabe-Bedward, (410) 786–7129. 2009 motor vehicle emission budgets of Hazardous waste, Hazardous waste SUPPLEMENTARY INFORMATION:
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I. Background no later than March 1, 2008. However, licenses and construction permits, to Section 1871(a)(3)(A) of the Act on February 29, 2008, we published in conform to the new, June 12, 2009, requires the Secretary, in consultation the Federal Register a continuation transition date. It announces the with the Director of the Office of notice entitled ‘‘Medicare Program; Commission’s intent to apply the Management and Budget (OMB), to Changes to the Medicare Claims Appeal provisions of the Analog Nightlight establish and publish a regular timeline Procedures; Continuation of Order to the period after June 12, 2009. for the publication of a final rule based Effectiveness and Extension of Timeline And, it established March 17, 2009 as on the previous publication of a for Publication of Final Rule’’ to extend the date by which stations must notify proposed rule or an interim final rule. the timeline for publication of the final the Commission of their planned timing In accordance with section 1871(a)(3)(B) rule for 1 year until March 1, 2009 (73 to complete their transition and April of the Act, such regular timeline may FR 11043). 16, 2009 as the first date on which vary among different regulations, based This notice announces an additional stations can terminate analog signals. on the complexity of the rule, the extension of the timeline for publication DATES: Effective February 27, 2009, number and scope of the comments of the final rule and the continuation of except for §§§ 15.124, 54.418, and received, and other relevant factors. The effectiveness of the March 2005 interim 76.1630, which are effective April 1, timeline for publishing the final final rule with comment period. We are 2009. not able to meet the timeline for regulation, however, cannot exceed 3 ADDRESSES: Federal Communications years from the date of publication of the publication of the final rule due to the need to allow an opportunity for full Commission, 445 12th Street, SW., proposed or interim final rule, unless Washington, DC 20554. there are exceptional circumstances. consideration of issues of law and FOR FURTHER INFORMATION CONTACT: For After consultation with the Director of policy raised in the regulation. We believe it is necessary and appropriate more information, please contact Nazifa OMB, we published a notice in the Sawez, [email protected], at 202– Federal Register on December 30, 2004 to delay publication of this final rule in order to afford the President’s 418–7059 or Shaun Maher, (69 FR 78442) establishing a general 3- [email protected], at 202–418– year timeline for finalizing a Medicare appointees and designees an opportunity to further review and 2324, of the Video Division, Media proposed and an interim final rule. Bureau; or Evan Baranoff, Section 1871(a)(3)(C) of the Act states consider the laws and policies that will [email protected], at 202–418– that a Medicare interim final rule shall be set forth in the final rule. 7142; Lyle Elder, [email protected], at not continue in effect if the final rule is Therefore, this notice extends the 202–418–2120; or Kim Matthews, not published before the expiration of timeline for publication of the final rule [email protected], at 202–418– the regular timeline and, if applicable, until March 1, 2010. In accordance with 2154, of the Policy Division, Media before the expiration of each succeeding section 1871(a)(3)(C) of the Act, the Bureau; or Eloise Gore, one-year period, unless the Secretary interim final rule with comment period [email protected], at 202–418–7200, publishes at the end of the regular shall remain in effect through March 1, of the Media Bureau. For additional timeline and any subsequent 1-year 2010 (unless the final rule is published information concerning the Paperwork extension a notice of continuation that and becomes effective before March 1, Reduction Act information collection includes an explanation of why the 2010). requirements contained in this regular or previously extended timeline (Catalog of Federal Domestic Assistance document, contact Cathy Williams on was not met. Upon publication of such Program No. 93.773, Medicare—Hospital (202) 418–2918, or via the Internet at a notice, the regular timeline or such Insurance Program; and No. 93.774, [email protected]. timeline as previously extended for Medicare—Supplementary Medical publishing the final rule is extended for Insurance Program) SUPPLEMENTARY INFORMATION: This is a 1 year. Dated: February 23, 2009. summary of the Commission’s Second Ashley Files Flory, Report and Order, FCC 09–11, adopted II. Notice of Continuation Deputy Executive Secretary to the and released on February 20, 2009. (The Section 521 of the Medicare, Department. companion Notice of Proposed Medicaid, and SCHIP Benefits [FR Doc. E9–4223 Filed 2–26–09; 8:45 am] Rulemaking (NPRM) to this document is Improvement and Protection Act of BILLING CODE 4120–01–P published elsewhere in this issue of the 2000 (BIPA), amended section 1869 of Federal Register.) The full text of this the Act to provide for significant document is available for public changes to the Medicare claims appeal FEDERAL COMMUNICATIONS inspection and copying during regular procedures. On November 15, 2002, we COMMISSION business hours in the FCC Reference published in the Federal Register a Center, Federal Communications proposed rule (67 FR 69312) consistent 47 CFR Parts 15, 27, 54, 73, 76, and 90 Commission, 445 12th Street, SW., CY– with Section 521 of BIPA. An interim A257, Washington, DC 20554. These final rule with comment period [MB Docket No. 09–17; FCC 09–11] documents will also be available via implementing the BIPA provisions as Implementation of the DTV Delay Act ECFS (http://www.fcc.gov/cgb/ecfs/). well as further changes to the claim (Documents will be available appeals procedures enacted in Title IX AGENCY: Federal Communications electronically in ASCII, Word 97, and/ of the Medicare Prescription Drug, Commission. or Adobe Acrobat.) The complete text Improvement, and Modernization Act of ACTION: Final rule. may be purchased from the 2003 (MMA) appeared in the Federal Commission’s copy contractor, 445 12th Register in March 2005 (70 FR 11420). SUMMARY: This document issues the Street, SW., Room CY–B402, Under the regular timeline for final rules in the Second Report and Washington, DC 20554. To request this publication of a final rule, we were Order implementing the DTV Delay Act. document in accessible formats required to publish a final rule It amends the requirements of the DTV (computer diskettes, large print, audio responding to public comments on the Consumer Education Initiative, as well recording, and Braille), send an e-mail interim final rule with comment period as extending the duration of certain to [email protected] or call the
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Commission’s Consumer and megahertz, inclusive).’’ The 4. DTV Consumer Education Initiative Governmental Affairs Bureau at (202) Commission has already taken a number rules 418–0530 (voice), (202) 418–0432 of steps to comply with this directive. • We extend the duration of the DTV (TTY). We issued a series of public notices Consumer Education Initiative (PNs) establishing and implementing requirements, including reporting Final Paperwork Reduction Act the early transition process for stations requirements, so that most expire at the (‘‘PRA’’) Analysis that transitioned on February 17, 2009. end of the second calendar quarter, in This Report and Order was analyzed In the first of these PNs, we also noted which the transition now ends, rather with respect to the Paperwork that early transitions are prohibited than at the end of the first calendar Reduction Act of 1995 (‘‘PRA’’) and between February 18 and March 14. We quarter, in which the transition contains modified information also released the First Report and Order, originally ended. • collection requirements. Specifically, 74 FR 7654 (Feb. 19, 2009), in the DTV We revise the guidance text that is this Report and Order modifies several Delay Act docket, extending the analog used as the basis for multichannel video existing DTV transition-related license terms and adjusting the programming distributor (MVPD), information collection requirements to construction permits for the full power eligible telecommunications carrier reflect the statutory change in the television stations subject to the DTV (ETC), and manufacturer notices to nationwide transition date to June 12, Delay Act. reflect that the transition deadline has been extended and that many stations 2009. The Commission has obtained 2. As discussed in Section V below, will transition or have transitioned prior OMB approval for these non-substantive we find that the matters addressed here to that date. We also require these changes, and is seeking OMB approval are not subject to the rulemaking notices to include contact information under OMB’s emergency processing requirements of the Administrative for the FCC Call Center and the NTIA rules for the requirement on broadcast Procedure Act (APA), Congressional Coupon Program, as well as a suggestion stations to file a binding notice of their Review Act (CRA), Regulatory that readers contact their local proposed analog service termination Flexibility Act (RFA), or any other television station for additional date. provision of law that otherwise would information. These revised requirements Summary of the Report and Order apply and would impede take effect April 1, in order to provide implementation of the statutory I. Introduction affected parties with sufficient time to directives. As discussed below, we also prepare revised notices. 1. In this Report and Order, the find that there is good cause for • Broadcast stations must comply second in response to the Congressional departure from the rulemaking with one of three sets of requirements extension of the digital television (DTV) requirements of the APA under the for consumer education, choosing transition period, we take a number of circumstances here. Nevertheless, we Options One or Two if they are a actions necessary to implement the are providing notice and an abbreviated commercial station, or Options One, ‘‘DTV Delay Act,’’ which was enacted opportunity for public comment Two, or Three if they are a into law on February 11, 2009. In the regarding the issues addressed in noncommercial station. We find that DTV Delay Act, Congress extended the Section IV below to allow interested Option One broadcasters must continue DTV transition deadline from February parties to contribute to our to provide viewers with the maximum 17, 2009, to June 12, 2009, in an effort consideration of these issues to the level of consumer education, and revise to provide consumers additional time to extent possible in the limited time the guidance text that is used as the prepare for the transition from analog to Congress has provided. basis for on-air notices to reflect that the digital broadcasting. It afforded the FCC II. Executive Summary transition deadline has been extended discretion to allow broadcasters to and that many stations will transition or complete their transitions prior to June 3. This Report and Order carries out have transitioned prior to that date. 12, 2009, subject to such rules as the the most time sensitive of the remaining • We find that Option Two Commission finds necessary or actions necessitated by the delay in the broadcasters must begin a new 100-day appropriate. The Act instructed the transition deadline. The most countdown to the transition on March 4, Commission to take any actions fundamental change to our rules, 2009. Nevertheless, we also seek ‘‘necessary or appropriate to implement licenses, etc., made necessary by the comment in the NPRM about whether the provisions, and carry out the DTV Delay Act is that all references to this requirement should be modified to purposes’’ of the date extension, and to the transition deadline must be revised better educate and inform consumers. do so within 30 days. In addition, the to conform to the new date established Pending any modifications as a result of DTV Delay Act amends the Digital in that Act. Thus, for each rule or order our consideration of the comments filed Television and Public Safety Act of addressed in this Omnibus order that in response to that NPRM, Option Two 2005 (‘‘DTV Act’’), Public Law 109–171, refers to ‘‘February 17, 2009,’’ or broadcasters must begin a new 100-day 120 Stat. 4 (2006), to direct the otherwise references the date of the countdown on March 4. Commission to ‘‘take such actions as are transition deadline, we revise the rule to • We find that Option Three necessary (1) to terminate all licenses read ‘‘June 12, 2009’’ or make other broadcasters must continue to provide for full-power television stations in the revisions as appropriate; for example, viewers with the maximum level of analog television service, and to require Section 2(c) of the DTV Delay Act consumer education. the cessation of broadcasting by full- extends certain license terms and • We revise Form 388 to reflect the power stations in the analog television construction deadlines for the recovered changes above, and remind broadcasters service, by June 13, 2009; and (2) to spectrum for 116 days. In many cases, that they must continue to file it and require by June 13, 2009, * * * all some additional revision is or will be post it online quarterly up to and broadcasting by full-power stations in necessary. We make additional revisions including the final quarter in which the digital television service, occur only in the following areas in this Report and they have education obligations under on channels between channels 2 and 36, Order, and we intend to follow up these rules. inclusive, or 38 and 51, inclusive quickly with additional rulemakings as • We provide notice that the DTV.gov (between frequencies 54 and 698 needed. Transition Partners program has been
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discontinued, and that as a result no provide information on rescanning with 2009, the consumer education additional filings will be required as a digital equipment, and, where requirements would have remained in result of participation in the program. applicable, information regarding the effect only through the end of March, 5. Third DTV Periodic Report and need for different equipment due to 2009. The DTV Delay Act has postponed Order changes from UHF to VHF service, or the transition deadline to the second • We revise the analog service vice versa. We also seek comment on quarter of 2009, and recognized that for termination notification procedure amendments to the ‘‘100-Day many stations, and some entire markets, contained in the Third DTV Periodic Countdown’’ responsibility of Option the transition will occur even sooner. Report and Order, 72 FR 37310 (July 9, Two broadcasters and the 30 minute Therefore, we find that it is appropriate 2007), and require all stations to notify informational video that is required in for the revised consumer education the Commission no later than Tuesday, both Option Two and Option Three. requirements to remain in effect until March 17 of the date they will terminate Finally, we ask whether stations that the conclusion of the second quarter of analog television service. participate in or support the post- 2009. We encourage broadcasters to • Consistent with the Third DTV transition analog nightlight program revise their messaging as appropriate Periodic Report and Order and the should be exempt from post-transition after the conclusion of the transition. timing adopted in this Order, we require consumer education requirements. We will exercise our prosecutorial all full-power television stations to discretion regarding the specific content III. Discussion update their DTV Transition Status of PSAs and crawls run pursuant to Reports, FCC Form 387, no later than A. Consumer Education Option One. In each case where the Thursday April 16, 2009 to reflect their Consumer Education rules refer to transition plans as a result of the delay 9. In early 2008, the Commission adopted a number of rules designed to ‘‘March 31, 2009,’’ ‘‘in March 2009,’’ in the nationwide transition deadline. etc., we are revising them to reflect that • educate viewers and consumers about We revise our rules to reflect the rules will conclude at the end of changes to construction deadlines and the digital television transition. Many of these rules were specifically tied to the June, 2009. As a result, each of the rules our rules for obtaining extensions of discussed below will remain in effect time to construct digital facilities. original February 17, 2009 nationwide transition date, and all were set to through June 30, 2009, even where we 6. 700 MHz Band License Periods and find that no other change is necessary to Construction Requirements: expire on a schedule reflecting that the • transition would conclude in the first bring the rule into compliance with the We extend the terms of the licenses DTV Delay Act. for the ‘‘recovered spectrum,’’ including quarter of 2009. Therefore, now that the the applicable construction benchmark transition has been extended, most of 2. Manufacturer, ETC, and MVPD deadlines, for a period of 116 days these rules must be revised to continue Notices pursuant to section 2(c) of the DTV to serve their educational purpose. 13. Many of the rules in the DTV Delay Act. We also modify sections 10. The DTV Delay Act establishes a Consumer Education Initiative require 27.1310 and 90.1410 of the 700 MHz new ‘‘hard’’ deadline for the completion industry stakeholders to provide their Public/Private Partnership rules to of the nation’s transition to digital customers with paper or electronic conform these provisions to the license television for full power stations. notices that briefly explain the DTV term extension. However, unlike the Act establishing 7. Analog Nightlight the original hard deadline, which left transition. The rules governing • We find that the Analog Nightlight early transitions completely to the manufacturers, ETCs, and MVPDs use program, implemented pursuant to the discretion of the Commission, the DTV identical language to describe the Analog Nightlight Act, will be in effect Delay Act expressly contemplates a minimum information that must be after the DTV transition deadline on ‘‘rolling’’ transition, in which stations provided in these notices: June 12, 2009. are permitted to cease providing analog After February 17, 2009, a television 8. Notice of Proposed Rulemaking service at various times prior to the receiver with only an analog broadcast tuner • We invite comments, in an nationwide conclusion of the transition will require a converter box to receive full expedited, one-round, five (5) day cycle, consistent with the Commission’s rules. power over-the-air broadcasts with an in the Notice of Proposed Rulemaking Our revised consumer education rules antenna because of the Nation’s transition to (NPRM), published elsewhere in this therefore reflect not only the simple digital broadcasting. Analog-only TVs should continue to work as before to receive low issue of the Federal Register, regarding postponement of the transition power, Class A or translator television additional amendments to our rules and deadline, but the fact that many stations and with cable and satellite TV regulations to carry out the purposes of consumers will begin to experience the services, gaming consoles, VCRs, DVD the DTV Delay Act. switch to digital before June 12, if they players, and similar products. • In particular, we propose to revise have not already. the analog service termination Although this text is not mandatory, we requirements for stations still operating 1. Comprehensive Changes recognize that many of the affected in analog. We believe that these 11. In addition to updating references stakeholders follow it closely. In order proposed revisions to the procedures in to the transition deadline in the to carry out the purposes of the DTV the Third DTV Periodic Report and Commission’s rules and regulations, as Delay Act, we find that we must revise Order, in addition to the notification discussed above, we must revise the this guidance to reflect not only that all changes adopted in the Order, are rules governing the comprehensive full-power analog broadcasting will necessary to implement the DTV Delay consumer education campaign and its conclude on June 12, 2009, but that it Act. conclusion in response to the delay. may conclude earlier in many cases. We • We also seek comment on possible 12. The Consumer Education rules, as note that stations participating in the revisions to the consumer education originally adopted, remain in effect statutory nightlight program will rules, particularly the adoption of a until the conclusion of the calendar continue to provide some analog service requirement that broadcasters notify quarter in which the transition ended; after June 12, 2009. viewers of predicted service loss. We thus, because the transition originally 14. Therefore, we adopt the following ask whether broadcasters should would have ended in the first quarter of revised text to serve as guidance:
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The nationwide switch to digital television Reconsideration, the Consumer broadcasters to the companion NPRM, broadcasting will be complete on June 12, Electronics Association argued that which raises questions about additional 2009, but your local television stations may consumer electronics manufacturers or revised requirements for switch sooner. After the switch, analog-only need the ‘‘same time period for broadcasters, including a requirement to television sets that receive TV programming through an antenna will need a converter box implementation of the notice provide viewers with notifications about to continue to receive over-the-air TV. Watch requirement that is required of MVPDs’’ any predicted service loss. and ETCs. That order was released on your local stations to find out when they will a. Option One turn off their analog signal and switch to April 23, 2008 and provided for a start digital-only broadcasting. Analog-only TVs date of May 30, 2008 for manufacturer 17. The rules require Option One should continue to work as before to receive rules, giving them 37 days to prepare to broadcasters to air both PSAs and low power, Class A or translator television fully comply. Manufacturers had no crawls, in every quarter of every day, stations and with cable and satellite TV difficulty doing so. A date certain of with increasing frequency as the services, gaming consoles, VCRs, DVD transition approaches. During the first players, and similar products. April 1, 2009 for all three groups will provide manufacturers with slightly calendar quarter in which the rules were In addition to information about the more time to comply than they received in effect, they were at a minimum level transition itself, the rules require that in the reconsidered order, and MVPDs/ of only one PSA and one crawl aired in these notices also provide contact ETCs with slightly less time, but we each quarter of each day. The rules information that will allow the anticipate that the time provided will be increased to their maximum level for recipients to seek additional sufficient to allow the parties to comply. the final two quarters of the consumer information about the transition. We All of the affected parties are already education campaign. Beginning on find that it is appropriate to revise this including DTV consumer education October 1, 2008, and extending requirement to ensure that the notices notices pursuant to the existing rules, so ‘‘through the conclusion of the include, at a minimum, the toll-free the only change will be to the text campaign,’’ broadcasters were required number and Internet site for the FCC’s printed on those notices. As discussed to air three PSAs and three crawls in Call Center, as well as NTIA’s toll-free in the DTV Consumer Education each quarter of the day. Thus, Option number and Internet site for the coupon Initiative, a party responsible for One broadcasters have already been program, and a suggestion to contact manufacturer notices (such as, in some engaged in this maximum level of local television stations. Because of the cases, retailers and distributors) can consumer education, and have planned delay of the final transition and the comply by placing a sticker on the to continue to provide it through the ‘‘rolling’’ transitions that will be taking outside of the packaging of a covered conclusion of the first quarter of 2009. place prior to June 12, 2009, it is even device (47 CFR 15.124(a)) that reflects As discussed above, the conclusion of more important that citizens have access the revised notice text and the change the nationwide consumer education to locally targeted information about in the transition deadline. The party campaign has now been extended to the how the transition will affect them. We responsible for inclusion of the notice is end of the second quarter of 2009 (June believe these requirements will help to the ‘‘manufacturer,’’ or the party acting 30, 2009). Given that this delay was ensure that consumers have access to as the manufacturer under our rules; i.e., driven by the need for greater consumer up-to-date information in order to help the ‘‘responsible party’’ as defined in awareness, and the change to the ‘‘hard’’ them better prepare for the transition. Section 2.909 of the Commission’s transition date, it would be 15. Manufacturers, ETCs, and MVPDs Rules. inappropriate to diminish the amount of should include language based on this information available to television revised guidance in their notices as soon 3. Broadcaster On-Air Consumer viewers now. Furthermore, broadcasters as practicable, but in any case no later Education are now in the final two quarters of the than April 1, 2009. Thus, ETC and 16. Broadcasters are required to transition, and the Commission has MVPD notices mailed in April must regularly provide on-air consumer previously found that providing the include updated language, and the education about the transition. The most extensive information to viewers is notices included with television Consumer Education Initiative offered essential during this time period. receivers and related devices broadcasters a choice of rules: Options Therefore, we do not revise this rule, manufactured in April must include One or Two, available to any and Option One broadcasters must updated language. We recognize that broadcaster, or Option Three, available continue to air three PSAs and three some companies may have already only to non-commercial stations. crawls in each quarter of the day. printed sufficient transition notices to Among and within these Options, 18. Although the Commission did not meet their needs through March 31, broadcasters have a range of techniques dictate the content of the PSAs and 2009, the original conclusion of the to choose from, resulting in a mix of crawls, Option One broadcasters do education campaign, and have no desire public service announcements (PSAs), have to convey certain specific to penalize these companies for being graphics and text superimposed over information to viewers, including prepared. Because the existing rules programming, and longer form describing changes in the geographic expire on March 31, 2009, a failure to informational programming. Elements of area or population served by the station begin distribution of revised notices by each Option must be revised in response during or after the transition. Some of at least April 1 will create a gap in the to the DTV Delay Act, and are addressed this information is described using the information provided to consumers. The below. We remind broadcasters that same guidance text as the MVPD, ETC, original DTV Consumer Education whatever option they elected, these on- and manufacturer rules. We find that Initiative was released by the air education requirements are separate the revisions applied to this text in the Commission on March 3, 2008, and the from and in addition to any viewer MVPD/ETC/manufacturer context are rules became effective on April 30, notification requirements imposed on a equally appropriate in this context, and 2008, 30 days after OMB approval for station by the Third DTV Periodic revise the Option One rules accordingly. the rules was published. Therefore, Report and Order, the Commission’s ETCs and MVPDs had 58 days to recent public notice addressing early b. Option Two prepare to fully comply. As discussed in transitions on February 17, 2009, or any 19. The rules require broadcasters that the Consumer Education Sua Sponte other rule or regulation. We also direct selected Option Two to air a certain
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number of PSAs and crawls, snipes, or been engaged in this maximum level of from OMB for these minor changes to tickers each calendar quarter (25% of consumer education, and have planned the forms. which must be in prime time), and to to continue to provide it through the 22. Further, we take this opportunity provide a ‘‘100-Day Countdown to the conclusion of the first quarter of 2009. to remind broadcasters of their transition.’’ We note that many of the As discussed above, the conclusion of continued responsibility in ensuring an Option Two requirements were the nationwide consumer education effective and seamless DTV transition proposed by the National Association of campaign has now been extended to the for consumers. We applaud the Broadcasters (‘‘NAB’’) and that the NAB end of the second quarter of 2009 (June substantial efforts that broadcasters have has provided much of the material that 30, 2009). Given that this delay was made in educating consumers about the broadcasters use to fulfill these driven by the need for greater consumer DTV transition to date, but we reiterate requirements. The 100-Day Countdown awareness, and the change to the ‘‘hard’’ the importance of their full compliance supplements the initial requirements transition date, it would be with the DTV consumer education and consists of an at-least-once-daily inappropriate to diminish the amount of requirements. As we continue to airing of a graphic or longer-form information available to television information segment that, at a viewers now. Furthermore, broadcasters monitor the consistency of the DTV minimum, gives the number of days are now in the final months of the consumer education efforts by remaining until the transition and transition, and the Commission has broadcasters via the review of the provides a Web site or phone number previously found that providing the consumer education campaign selected viewers can call for more information. most extensive information to viewers is in their respective FCC Form 388s, we Stations that elected Option Two have essential during this time period. emphasize that full compliance with been airing these countdown reminders Therefore, we will change only the end each and every element of the consumer on a daily basis since November 10, date of this rule, and Option Three education campaign option selected is 2008. Now, however, more than 100 broadcasters must continue to air 3 required. We believe that a failure to days remain until the national minutes of education daily, with 22.5 meet each element of the option transition. Therefore, barring any minutes a month in prime time. selected would significantly jeopardize additional Commission action prior to the successful transition to DTV by March 4, 2009, we find that all Option d. Broadcaster Reporting consumers. Two stations must begin a new 100-day 21. The Consumer Education rules countdown to June 12, 2009 on March 4. Other Reporting require that all broadcasters prepare 4, 2009. Nevertheless, we are seeking reports summarizing their consumer a. 700 MHz Auction Winner Consumer comment in the attached NPRM on education outreach efforts, file them Education Reporting whether and how to modify the new with the Commission, and make them 100-day countdown requirement to 23. The rules governing 700 MHz publicly available both online and in ensure that it provides the most accurate auction winners do not require their public inspection forms. These and useful information to viewers. particular outreach efforts, but they do reports must be prepared ‘‘up to and Pending any modification as a result of specify that auction winners must, for our consideration of the comments filed including the quarter in which a station ‘‘the remaining period of the DTV in response to that NPRM, we conform concludes its education campaign.’’ transition,’’ file a report on a quarterly the 100-Day countdown to the new, This requirement needs no revision. basis. This report must detail what, if June 12, 2009, transition date, and Broadcasters must continue to file their any, DTV transition consumer education reports through the second quarter of require all Option Two stations to begin efforts they undertook in the previous 2009 and, where appropriate, longer a new 100-day countdown to June 12, quarter. The rules provide that the (after June 30, any station that has filed 2009 on March 4, 2009. reporting requirement terminates with a request for an extension to complete the filing of the report for the first c. Option Three construction of its full, authorized, post- quarter of 2009. We revise the rules to transition facility or is operating under 20. Option Three, available only to reflect the extension of the remaining such an extension must continue its noncommercial educational period of the transition by noting that education campaign until the request is broadcasters (NCEs), does not require auction winner reports must be filed for withdrawn or denied or, if granted, until airing of a certain number of PSAs or the second quarter of 2009. crawls. Instead, it requires broadcasters it expires). They must also continue to to air several minutes of DTV education retain their reports in the public file, b. DTV.gov Partner Consumer Education daily, allocated between PSAs and and make them available online, for one Reporting longer form messages as the broadcaster year from the date they are filed. To chooses. However it is allocated, NCEs facilitate our timely review of those 24. The Commission is working must devote an increasing number of reports, we remind broadcasters that closely with stakeholders from industry minutes to consumer education as the their reports should reflect all notices and federal, state, local, and tribal transition approaches. During the first aired on a broadcaster’s stations, governments, all of whom are active period in which the rules were in effect, including PSA and crawls, snipes, or partners in the DTV outreach and they were at a minimum level of only tickers originated by broadcast education effort. We find that the 1 minute of education daily, with 7.5 networks. We encourage the networks limited DTV.gov Transition Partners minutes a month in prime time. The and their affiliates to cooperate to program, as part of the DTV.gov Web rules increased to their maximum level compile this information, to the extent site, is no longer an accurate reflection for the final months prior to the they have not done so already. The of our extensive work with outside transition. Beginning on November 1, instructions attached to Form 388, DTV groups, and therefore discontinue the 2008, and extending through March 31, Quarterly Activity Station Report, have program, effective immediately. As a 2009, broadcasters were required to air been amended to reflect the changes to result, there is no further obligation for 3 minutes of education daily, with 22.5 the 30 minute informational program Partners to file quarterly outreach minutes a month in prime time. Thus, and 100-day countdown requirements. updates as originally required in the Option Three broadcasters have already The Commission has received approval DTV Consumer Education Order.
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B. Changes to Third DTV Periodic 27. Congress extended the nationwide prepare for the change in television Report and Order DTV transition deadline to allow time service. for consumers to be prepared for the 28. In the companion NPRM, we seek 25. We make the following revisions transition. In particular, Congress and to develop revised service termination to the Third DTV Periodic Report and the President took note that the digital procedures that will best enable us to Order in order to implement the converter box program administered by evaluate and adjust deployment of our extension of the DTV transition date to the National Telecommunications and resources and to coordinate with other June 12, mandated by the DTV Delay Information Administration of the entities in order to prepare for stations’ Act. Department of Commerce (‘‘NTIA’’) has analog service terminations and protect the public interest while preserving 1. Analog Service Terminations a backlog of applications for coupons, now numbering more than four million. broadcasters’ flexibility to terminate 26. We revise our analog (and pre- Moreover, the Commission and industry analog operations. The Commission transition digital) service termination partners have recently undertaken to must make, adjust and prioritize and reduction procedures to require all provide a unified toll-free number for arrangements for consumer outreach, stations to file a binding notice of their consumers seeking assistance with the call center staffing, and converter proposed analog service termination transition (1–888–CALL–FCC), and we installation assistance and coordinate date by March 17, 2009. The rule have arranged through contractors and with contractors, partners, volunteers, changes herein apply to analog service volunteers to provide hands-on and organizations throughout the terminations and substantial reductions assistance for consumers across the country to address areas where stations will terminate their analog signals to analog service. In general, a country. If stations plan to transition throughout the transition period. In ‘‘substantial’’ reduction is one that before June 12, 2009 despite the addition, other broadcasters, cable would affect 10 percent or more of the significant benefits to consumers of operators, satellite carriers and other population in a station’s service area, as continuing analog service through the MVPDs, equipment manufacturers, and represented by the predicted Grade B transition deadline, it is essential that tower crews will be relying on stations’ contour. References to ‘‘termination’’ the Commission, industry, and the notifications of their analog service here are intended to apply to such public be fully informed well in termination dates for their own substantial reductions as well as to advance. We conclude that the 30-day planning purposes. The establishment terminations. This notification, and the advance notice procedure adopted in of this date certain for notifications and procedures that will be adopted in this December 2007 in the Third DTV the brief hiatus before notifications may docket, supersede the early analog Periodic Report and Order is be filed are essential steps that must be termination procedures established in insufficient for the present undertaken now to enable the the Third DTV Periodic Report and circumstances. We cannot forecast and Commission to implement the new Order. As a result, no service deploy resources to prepare and assist procedures. termination notifications may be filed consumers based on rolling, 29. As discussed below in the NPRM, prior to the adoption of the new uncoordinated notifications. We believe we encourage stations that wish to procedures and form proposed in the that allowing any or all stations to transition before June 12, 2009 to file companion NPRM. We find that this terminate or substantially reduce analog comments in the DTV Delay Act revision is necessary to implement and service under the existing Third DTV rulemaking docket (No. 09–17) carry out the purposes of the DTV Delay Periodic Report and Order procedures indicating the date they would like to Act. We establish March 17, 2009, as the would squander the time given to us transition, why they need to transition date certain by which stations must and the country by the delay enacted by early and the basis for the particular notify us of the date on which they Congress and the President. date they prefer. Such comments will be intend to terminate analog service. In Accordingly, we require all full-power helpful to us in formulating the final this notification, stations must either television stations that have not procedures. However, dates listed in a commit to terminating on June 12, 2009, terminated their analog service as of station’s comments will not represent or on a date prior to the nationwide February 17, 2009 to decide on a firm binding commitments, and will not DTV transition deadline subject to the date by which they intend to terminate replace the March 17 notices that all procedures to be adopted in this their regular analog television service stations must file. Indeed, any proceeding. Any station that does not and to notify us of that date no later notifications filed with us before the notify us by March 17, 2009, will be than Tuesday, March 17, 2009. By this adoption of new procedures through assumed to be terminating on June 12, date, stations will have had ample time this rulemaking, including notices filed 2009, and will not be permitted to to consider their plans in light of other prior to the release of this Order, will be terminate their analog service prior to broadcasters’ plans and the for informational purposes only and June 12, 2009 (except in the case of circumstances in their markets, and can will not serve as official notice equipment failure, natural disaster, or finalize their own transition plans authorizing stations to terminate. Any other unforeseeable emergency). We accordingly. Furthermore, as explained stations that have already filed seek comment in the companion NPRM above, we need to establish an orderly termination notifications will be on proposed procedures and and predictable process for any required to re-file pursuant to the new requirements for stations seeking to transitions prior to the statutory procedures and form to be adopted. complete their transition prior to June deadline. In order to establish and Nonetheless, we believe that having 12, 2009. We expect to adopt an Order maintain such a process, we must know more information available to the finalizing the requirements no later than stations’ firm dates for analog service Commission when drafting the specific March 13, 2009. We strongly encourage termination in order to focus and deploy requirements for early termination will major network affiliates that intend to consumer education resources result in a better outcome, and will transition prior to June 12 to appropriately; and viewers, industry consider all comments from stations in communicate with the other affiliates and other interested parties also need to crafting revised procedures. serving the same viewing area as early know the relevant date for stations in 30. We find that the DTV Delay Act, as possible. their markets so they can appropriately taken as a whole, authorizes the
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Commission to change the procedures service with less than 30 days notice to are also revising Form 387 to conform established in the Third DTV Periodic the Commission and the stations’ to the DTV Delay Act and reflect the Report and Order as necessary to viewers. We reserved the right, new June 12, 2009 transition deadline. implement and carry out the purposes however, to amend these rules and The Commission has received approval of the DTV Delay Act. Section 4(a) of the procedures, if necessary, and we do so from OMB for these minor changes to Act provides that ‘‘[n]othing in this Act here in order to carry out the purposes the form. The Form 387 must be is intended to prevent’’ early of the DTV Delay Act. updated electronically using the termination ‘‘in accordance with the 32. Accordingly, only notifications Commission’s Consolidated Database [FCC’s] requirements in effect on the filed prior to March 17, 2009, and in System (‘‘CDBS’’) Electronic Filing date of enactment of this Act, including compliance with the procedures System. the flexible procedures established in adopted in this docket will be accepted. Stations should not file 30-day advance 3. Construction Deadlines, Extension the [Third DTV Periodic Report and Requests, and Tolling Notifications Order].’’ Section 4(c) of the Act notifications of intent to terminate authorizes the Commission to ‘‘adopt or analog service, and will not be 34. In the Third DTV Periodic Report revise its rules, regulations, or orders or authorized to terminate analog service and Order, the Commission established take such other actions as may be prior to June 12, 2009 based upon the deadlines for full-power television necessary or appropriate to implement filing of any notification submitted stations to construct digital facilities the provisions, and carry out the before we finalize and release the analog and stricter standards for stations to purposes, of this Act.’’ Because Section service termination procedures. In the obtain extensions of these deadlines. 4(a) is written in permissive terms with companion NPRM, we tentatively The Commission set construction a limiting proviso (‘‘Nothing in this Act conclude that stations may terminate no deadlines of May or August 2008 for is intended to prevent * * *’’), and earlier than April 16, 2009, to provide stations that were going to use their does not prohibit the Commission from at least 30 days from the notification current (pre-transition) DTV channel for modifying its early termination date for all parties to prepare and post-transition operations, but procedures, and because Section 4(a) educate consumers. As required by the established a deadline of February 17, grants the Commission broad discretion DTV Delay Act, we will establish final 2009 (the previous transition date) for to revise its rules ‘‘as necessary or analog service termination procedures stations that: (1) Were building digital appropriate’’ to carry out the Act’s no later than Friday, March 13, 2009 facilities based on a new channel allotment in the post-transition DTV purposes, we find that the Act, as a (which date is 30 days after enactment Table of Allotments, i.e., the station whole, authorizes the Commission to of the DTV Delay Act). would be either returning to its analog modify the analog (and pre-transition 2. Transition Status Reports (FCC Form channel or moving to a new digital digital) service termination procedures 387) channel for post-transition operations; initially established in the Third DTV 33. Consistent with the Third DTV or (2) demonstrated that a unique Periodic Report and Order. We find that Periodic Report and Order and the technical challenge, such as the need to Congress simply intended in Section timing adopted in this Order, we require reposition a side-mounted antenna, 4(a) of the DTV Delay Act to make it all full-power television stations to prevents them from completing clear that it was not overriding the update their DTV Transition Status construction of their final DTV facilities. FCC’s existing termination procedures— Reports, FCC Form 387, no later than The Commission also established not to prevent the FCC from modifying Thursday April 16, 2009 to reflect their stricter standards for granting those procedures. We note, however, transition plans as a result of the delay extensions of time to construct digital that the new procedures that we adopt in the nationwide transition deadline. facilities. More specifically, the herein and propose in the companion Stations that already filed an update Commission required stations with a NPRM will provide stations with since enactment of the DTV Delay Act construction deadline on or before flexibility to terminate analog (and pre- to show that they terminated analog February 17, 2009 to apply for an transition digital) television service television service on or before February extension under the revised extension before the new transition deadline of 17, 2009 need not file this update. In the request standard in Section 73.624(d)(3) June 12, 2009. Third DTV Periodic Report and Order, of the rules and required stations with 31. The Third DTV Periodic Report the Commission established the Form a construction deadline occurring and Order established streamlined 387 to require all full-power television February 18, 2009 or later to seek an notification procedures for stations stations to detail (1) their current extension under the even stricter tolling planning to terminate analog service on transition status, (2) any additional standard set forth in Section 73.3598(b) a date 90 days or less before the steps needed to commence their full, of the rules. transition date. Such early terminations digital operations, and (3) their timeline 35. In the First DTV Delay Order, we were permitted if ‘‘necessary for to meet the transition deadline. In extended until June 12, 2009 (the new purposes of the transition,’’ and with addition to two mandatory filing dates transition deadline) the construction notification to the Commission as well in February and October of 2008, the deadline for stations with a deadline of as to viewers. In the February 5 Public Commission required stations to February 17, 2009 (the previous Notice, we stated that for analog promptly update their forms as events transition deadline). We now revise terminations on or after March 14, warrant, until they reported the Section 73.624(d)(1)(vii) of the rules to stations must notify us at least 30 days completion of their transition. Because reflect this change. Accordingly, these prior to the termination date and all stations must reevaluate and adjust stations must complete construction of provide viewer notifications for at least their plans in light of the delay of the their digital facility no later than June 30 days prior to their termination of transition date, we are requiring this 12, 2009. In addition, in the First DTV analog service pursuant to the Third mandatory update to the Form 387 for Delay Order, we also extended until DTV Periodic Report and Order stations to provide the details of their June 12, 2009 the analog license terms procedures. Except in the case of revised transition plan, including if they and adjusted the construction permits equipment failure, we said we would intend to continue broadcasting an for full power television stations. In the not permit stations to terminate analog analog signal until June 12, 2009. We First DTV Delay Order, we noted that a
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number of stations are operating with standard applies to the extended defined in the Third DTV Periodic reduced analog facilities pursuant to construction deadline, and stations may Report and Order) and could serve at special temporary authority, based upon use only the tolling criteria as a basis for least 85 percent of the same population a showing that the service reduction failing to complete construction. We that receives their current analog TV was directly related to the construction revise Section 73.3598(b)(3) of our rules and DTV service; or (2) A significant and operation of their post-transition to reflect the new transition deadline. technical impediment to the facilities, and extended the date of 37. Phased Transition Provisions. We construction of their full, authorized termination for these STAs from find there is no need to extend the facilities that would not otherwise February 17, 2009 to June 12, 2009 Special Temporary Authority (STA) qualify for an extension of time to (11:59:59 p.m. local time). This deadlines established for stations construct facilities under the new, extension, however, does not apply to through the phased transition stricter standard adopted in the Third STAs granted to stations for reasons not provisions of the Third DTV Periodic DTV Periodic Report and Order and related to the DTV transition including Report and Order. In the Third DTV could serve at least 100 percent of the those STAs filed for emergency Periodic Report and Order, the same population that receives their reductions in power. These other Commission adopted two provisions for current analog TV and DTV service so stations must request Commission a ‘‘phased transition’’ in an effort to that over-the-air viewers will not lose approval for an extension to remain at offer broadcasters regulatory flexibility TV service. Both phased transition reduced power by filing an analog in meeting their post-transition provisions also require the station to engineering STA. These STAs will be construction deadlines without notify viewers on its analog channel reviewed on a case-by-case basis. By disappointing viewer expectations after about the station’s planned delay in this Order we also extend until June 12, the transition deadline. First, the construction and operation of post- 2009 (11:59:59 p.m. local time) the Commission granted a six month STA to transition (DTV) service. The viewer license terms for pre-transition digital stations to temporarily remain on their notifications must occur every day on- operations and adjust the pre-transition pre-transition DTV channel with an air at least four times a day including at digital authorizations, accordingly. option to seek another six months, least once in primetime for the 30 days prior to the station’s termination of full, Stations’ construction permits expire on provided the station continues to satisfy authorized analog service. We note that June 12, 2009 at 11:59:59 local time. We the conditions for this STA. These stations that started these viewer also note that a station which has a stations must commence operations on notifications in advance of a previously maximized construction permit that their final, post-transition (digital) planned February 17, 2009 termination expires on June 12, 2009, and which channel no later than February 18, 2010. that did not occur must restart airing completes construction of its initial Second, the Commission granted a one- these notifications 30 days in advance of post-transition authorized facility by time six-month STA to stations to build their phased transition. We find it that date may file an application for a less than their full, authorized facility unnecessary at this time to license to cover the constructed initial by their construction deadline. These facility, and may also request that the automatically extend these STAs. In stations must commence operations at many cases, these phased transition construction deadline for its maximized full, authorized digital facilities no later construction permit be extended to STAs were granted to address than August 18, 2009. To qualify for construction impediments due to three years from the date its maximized these provisions, stations were required construction permit applications was weather-related concerns. To the extent to meet a service requirement to additional time is needed, stations with granted. Such requests should be minimize the loss of service after the directed via e-mail to Kevin Harding of a phased transition STA must comply transition deadline, were prohibited with Section 73.3598(b) tolling standard the Media Bureau’s Video Division at from causing impermissible interference [email protected]. established the Third DTV Periodic to other stations or preventing other Report and Order. 36. Consistent with our extension of stations from making their transition, the construction deadlines, we extend to and were required to comply with a C. 700 MHz Band License Periods and June 12, 2009 the date for granting viewer notification requirement. Construction Requirements extensions of time to construct digital Pursuant to the first phased transition 38. Section 2(c)(1) of the DTV Delay facilities. Accordingly, we revise provision, the Commission allowed Act states that the Commission ‘‘shall Sections 73.624(d)(3)(ii) and (iii) of our stations that are moving to a different extend the terms of the licenses for the rules and will apply the extension DTV channel for post-transition recovered spectrum, including the request standard contained in Section operations to temporarily remain on license period and construction 73.624(d)(3) to stations with their pre-transition DTV channel while requirements associated with those construction deadlines on or before June they complete construction of their final licenses, for a 116-day period.’’ Section 12, 2009 and the tolling standard set digital facilities, provided: (1) They 2(c)(2) defines ‘‘recovered spectrum’’ as forth in Section 73.3598(b) to all build facilities that serve at least the both ‘‘the recovered analog spectrum, as construction deadlines occurring June same population that receives their such term is defined in section 13, 2009 or later. This extension is current analog TV and DTV service so 309(j)(15)(C)(vi) of the Communications consistent with the decision made in the that over-the-air viewers will not lose Act of 1934’’ and ‘‘the spectrum Third DTV Periodic Report and Order to TV service; and (2) They do not cause excluded from the definition of allow stations building their authorized impermissible interference to other recovered analog spectrum by post-transition facility to rely upon the stations or prevent other stations from subclauses (I) and (II) of such section.’’ extension standards until the date of the making their transition. Pursuant to the Thus, ‘‘recovered spectrum,’’ as defined transition deadline and thereafter to second phased transition provision, the in the DTV Delay Act, includes all apply the tolling standard that applies Commission allowed stations to operate spectrum between frequencies 698 and to other broadcast facilities. We take this their post-transition facilities at less 806 megahertz, inclusive (700 MHz opportunity to remind stations that if than their full, authorized facilities, Band). their construction deadline is extended provided they demonstrated either: (1) 39. In this Report and Order, we beyond June 12, 2009, the tolling A ‘‘unique technical challenge’’ (as conform the license period in section
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27.13, and construction deadlines 17, 2009, we conclude that the 30-day the transition; and KPBS, San Diego, provided in section 27.14, to the period applicable to the Analog CA, whose analog channel 15 has been provisions of section 2(c) of the DTV Nightlight program will begin following authorized for public safety use Delay Act. Section 27.13 of our rules the new transition deadline and will run following the transition, thus currently provides that the license from and including June 13 through July eliminating it from eligibility as a period for the licenses associated with 12, 2009. We note that this statutory nightlight. the 698–763 MHz and 776–793 MHz post-transition Nightlight is distinct 45. We intend to reevaluate the bands are for a term not to exceed ten from the 60-day pre-transition stations listed as eligible in Appendix A years from February 17, 2009, the ‘‘enhanced nightlight’’ adopted for some of the Analog Nightlight Order as we previous digital television transition network affiliates that transitioned on near the new June 12, 2009 transition date. Section 27.14 of our rules similarly February 17, 2009, and proposed in the deadline to determine if there are ties the construction benchmarks and companion NPRM. changes in circumstances and facilities associated reporting requirements to 42. We find that our interpretation of that call for adjustments to those listed. February 17, 2009. Accordingly, we the Analog Nightlight Act is also the Stations that want to provide nightlight modify these dates to implement the most practical and logical approach to service may notify us in accordance 116 day extension required by the DTV fulfilling the purpose of the analog with the filing procedures established in Delay Act. nightlight program. We expect that the the Analog Nightlight Order. Stations 40. In addition, we conform sections additional time afforded by the DTV that are pre-approved by the 27.1310, 90.528, and 90.1410 of the 700 Delay Act will enable many more Commission to be eligible to participate MHz Public/Private Partnership rules to people to be fully prepared for the final in the analog nightlight program may the provisions of section 2(c) of the DTV transition of full-power analog to notify the Commission of their intent to Delay Act. We note that these rules are digital-only broadcasting on June 12. participate in the analog nightlight under consideration in a pending Nevertheless, we recognize that some program by either filing a Legal STA rulemaking proceeding and may be people may not have their equipment in electronically through the Commission’s further revised in that proceeding. place even by June 12 and, therefore, Consolidated Database System could benefit from the continuing D. Analog Nightlight Program (‘‘CDBS’’) using the Informal availability of analog television service Application filing form or by sending an 41. The Short-term Analog Flash and for a limited period of time to provide e-mail to [email protected]; stations Emergency Readiness Act was enacted information about the DTV transition that are not pre-approved for the on December 23, 2008, prior to the and, if necessary, emergency program by the Commission may, enactment of the DTV Delay Act. It information. Accordingly, we find that nonetheless, request Commission required the Commission to develop allowing analog nightlight operation approval to participate in the analog and implement a program to ‘‘encourage pursuant to the Analog Nightlight Act nightlight program by filing an and permit’’ continued analog television during the 30-day period after June 13 Engineering STA notification service during the 30-day period after is consistent with section 4(c) of the electronically through CDBS using the the DTV transition for the purpose of DTV Delay Act, which authorizes the Informal Application filing form. We providing emergency and DTV Commission to take such actions as it delegate to the Media Bureau or Office transition information to viewers who deems necessary or appropriate to carry of Engineering and Technology, as had not obtained the necessary out the purposes of the DTV Delay Act appropriate, the authority to revise and equipment to receive digital broadcasts and ensure a smooth transition. adopt amended lists of pre-approved by the transition deadline, which was 43. We see no reason to revise the stations, as may be necessary, including then February 17, 2009. The Analog Analog Nightlight program as we issuing an Erratum to correct the Nightlight Act specified that the analog implemented it in the Analog Nightlight Appendix A of the Analog Nightlight nightlight program is to occur ‘‘during Order and will retain the parameters of Order, consistent with the preceding the 30-day period beginning on the day the program without change except for paragraphs above. after the date established by law under the delay in timing. We note, however, section 3002(b) of the Digital Television that it is necessary to correct Appendix IV. Procedural Matters Transition and Public Safety Act of 2005 A to the Analog Nightlight Order by A. Statutory Authority and Good Cause for termination of all licenses for full- deleting three stations that were listed Findings power television stations in the analog in error and correcting the column television service and the cessation of headings in that appendix for the 46. For the reasons below, pursuant to broadcasting by full-power stations in ‘‘pre-’’ and ‘‘post-’’ transition channels. section 4(c) of the DTV Delay Act, we the analog television service.’’ On The titles of columns G and H in conclude that the rule changes and January 15, 2009, the Commission Appendix A were reversed. Column G, other actions herein are not subject to adopted and released the ‘‘Analog which was titled Post-Transition the rulemaking requirements of the Nightlight Order’’ implementing the Channel, should be ‘‘Pre-Transition Administrative Procedure Act, 5 U.S.C. Analog Nightlight Act and listing Channel’’ and Column H, which was 551, et seq. (APA), Congressional stations eligible to participate in the titled Pre-Transition Channel, should be Review Act, 5 U.S.C. 801, et seq. (CRA), Analog Nightlight program. The DTV ‘‘Post-Transition Channel.’’ Regulatory Flexibility Act, 5 U.S.C. 601, Delay Act amends Section 3002(b) of the 44. The following stations were et seq. (RFA), or any other provision of Digital Television Transition and Public incorrectly listed in Appendix A of the law that otherwise would apply and Safety Act of 2005 by striking ‘‘February Analog Nightlight Order as pre- would impede implementation of the 18, 2009’’ and inserting ‘‘June 13, 2009.’’ approved to be eligible for the analog statutory directives. In any event, we In light of the fact that the Analog nightlight program: KXGN, Glendive, also conclude that there is good cause Nightlight Act’s language ties the MT and KALO, Honolulu, HI, both of for departure from such requirements provision of ‘‘Nightlight’’ service to the which have been authorized to use their here. Nevertheless, we are providing nationwide DTV transition deadline analog channels for post-transition notice and an abbreviated opportunity provided for by statute, rather to the digital operation, and therefore cannot for public comment regarding the issues original statutory deadline of February remain on their analog channels after addressed in Section IV above to allow
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interested parties to contribute to our matter of days. Moreover, given the opportunity for public comment consideration of these issues to the number and complexity of rulemaking regarding the issues addressed in extent possible in the limited time that and other actions required to implement Section IV above to allow interested Congress has provided. the DTV Delay Act and accomplish its parties to contribute to our 47. Section 4 of the DTV Delay Act purposes, combined with the fact that consideration of these issues to the provides that, ‘‘[n]otwithstanding any the Act itself postpones the nationwide extent possible in the limited time that other provision of law,’’ the DTV transition for a limited period, the we have. We find that the five-day Commission must ‘‘adopt or revise its FCC cannot fulfill the statutory mandate comment period provided herein is the rules, regulations, or orders or take such and comply with otherwise applicable maximum possible opportunity for other actions as may be necessary or rulemaking and other legal public comment that we can provide appropriate to implement the requirements. There is insufficient time provisions, and carry out the purposes, and still fulfill our statutory mandate to to publish a Notice of Proposed take such actions as are necessary or of this Act and the amendments made Rulemaking in the Federal Register, appropriate to implement the DTV by this Act’’ within 30 days of the date allow time for meaningful comment and Delay Act and accomplish its purposes of its enactment. The ‘‘notwithstanding’’ consider those comments before taking clause plainly excuses compliance with all of the necessary legal actions. The within 30 days of the Act’s enactment, otherwise applicable legal requirements APA also requires Federal Register or no later than March 13, 2009. that would impede FCC actions to publication at least 30 days before a B. Petitions for Reconsideration To Be implement the DTV Delay Act by the rule’s effective date. Here, a standard Expeditiously Resolved statutory deadline. In other contexts, the comment period after Federal Register DC Circuit has interpreted similar publication and a 30-day waiting period 50. Although, as discussed above, the ‘‘notwithstanding’’ language ‘‘to before rules become effective would DTV Delay Act did not provide supersede all other laws, stating that ‘a exceed the 30-day period after sufficient time to take comments on clearer statement is difficult to enactment during which agency each aspect of the necessary rule imagine.’ ’’ The plain meaning of the implementation is required. Other legal revisions, Petitions for Reconsideration DTV Delay Act’s language is reinforced requirements cited above likewise of this Order will be addressed and by the circumstances surrounding its require more time than circumstances resolved in an expeditious manner. passage. Congress extended the allow. Therefore, even if the statute imminent DTV transition deadline to were ambiguous, we would interpret it V. Ordering Clauses enhance national preparedness for the to supersede requirements that cannot 51. It is ordered that, pursuant to the DTV transition, and examination of the be harmonized with the statutory authority contained in Sections 1, 2, 4, legislative history reflects its recognition mandate, including the APA, CRA, and that accomplishing this goal would RFA. 7, 303, 309, and 337 of the require extraordinary and immediate Communications Act of 1934, as action by the Commission and others. 49. We also find that there is good amended, 47 U.S.C. 151, 152, 154, 157, cause for departure from the APA Thus, the Act requires the FCC to act 303, 309, and 337, and Sections 2 and requirements of notice and comment, not later than 30 days after the date of 4 of the DTV Delay Act, Public Law the requirements of the CRA, and a 30- enactment, and grants it broad 111–4, 123 Stat. 112, to be codified at discretion within that brief period to day delay before rules become effective under the circumstances here. As 47 U.S.C. 309(j)(14) and 337(e), this take such actions ‘‘as may be necessary Report and Order is adopted and the or appropriate’’ to accomplish the Act’s discussed above, the extraordinary circumstances surrounding the DTV Commission’s Rules ARE hereby goals. For the reasons explained amended as set forth in the Appendix. elsewhere in this Order, we find that the Delay Act create an urgent need for rulemaking and other actions herein are rapid action. The statutory deadline for 52. It is also ordered, pursuant to the necessary and appropriate to implement Commission action is no more than 30 authority contained in Section 4(c) of the DTV Delay Act and carry out its days from enactment. The DC Circuit the DTV Delay Act, DTV Delay Act purposes. As discussed below, has held that ‘‘the extremely limited § 4(c), the rules, forms and procedures compliance with the APA and other time given by Congress’’ to an agency adopted in this Report and Order will be procedural administrative law for adoption of regulations ‘‘is a crucial effective upon publication of the requirements would frustrate or impede factor in establishing ‘good cause’ ’’ summary of the Report and Order in the the FCC’s ability to meet the statutory under the APA. We note that many of Federal Register, except for the deadline. Therefore, section 4(c) of the our actions are of an interim nature, in revisions to Parts 15, 54, and 76 of Title Act supersedes such legal requirements. that they will no longer be in force after 47 of the Code of Federal Regulations, 48. Even if the statutory language June 13, 2009. Moreover, some of our which are effective beginning April 1, actions, such as extending the terms of were ambiguous, we would interpret it 2009. We anticipate that the summary of the licenses for the recovered spectrum to exempt the Commission from APA the Order will be published in the and other procedural administrative law (including the license period and Federal Register at least 30 days before requirements that cannot be reconciled construction requirements associated the effective date of April 1, 2009. In the with the statutory mandate. As stated with those licenses) for 116-day period, above, the Act requires the FCC to are non-discretionary or ministerial in event that publication is delayed, implement its provisions and purposes nature. Accordingly, even if our actions however, we find good cause for these within 30 days. The fact that many were subject to the APA (and, as rules to be effective on April 1, 2009, to Commission rules, regulations and explained above, they are not), we find ensure that consumers are informed orders are tied to the original statutory that there is good cause for departure about the digital television transition deadline of February 17, 2009, from APA requirements because the that is occurring on a rolling basis combined with the Act’s enactment only circumstances make compliance nationwide, and no later than June 12, a few business days before February 17, impracticable or unnecessary. 2009. reduced the time frame for many of the Nevertheless, as indicated above, we are necessary actions from one month to a providing notice and an abbreviated
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List of Subjects TVs should continue to work as before PART 54—UNIVERSAL SERVICE to receive low power, Class A or 47 CFR Part 15 translator television stations and with ■ 8. The authority citation for part 54 Communications equipment, Digital cable and satellite TV services, gaming continues to read as follows: Television, and Digital Television consoles, VCRs, DVD players, and Authority: 47 U.S.C. 151, 154(i), 201, 205, Equipment. similar products. 214, and 254 unless otherwise noted. 47 CFR Part 27 (ii) Information about the DTV transition is available from your local § 54.418 [Amended] Communications common carriers, television stations, http://www.DTV.gov, ■ Radio, Wireless Communications or 1–888–CALL–FCC (TTY 1–888– 9. Amend § 54.418 as follows: ■ Services, 700 MHz Band. TELL–FCC), and from http:// a. In paragraph (a), remove the words ‘‘April 30, 2008’’ and add in their place 47 CFR Part 73 www.dtv2009.gov or 1–888–DTV–2009 (TTY 1–877–530–2634) for information the date ‘‘April 1, 2009,’’ and remove Digital Television, Reporting and about subsidized coupons for digital-to- the words ‘‘in March’’ and add in their recordkeeping requirements, and analog converter boxes; and place the words ‘‘on June 30,’’. Television. ■ b. Revise paragraphs (b)(2)(i) and (ii) * * * * * to read as set forth below. 47 CFR Part 76 ■ PART 27—MISCELLANEOUS c. In paragraph (d), remove the date Cable Television and Digital WIRELESS COMMUNICATIONS ‘‘March 31, 2009’’ and add in its place Television. SERVICES the date ‘‘June 30, 2009’’. 47 CFR Part 90 ■ § 54.418 Digital television transition 3. The authority citation for part 27 notices by eligible telecommunications Radio, Private Land Mobile Radio continues to read as follows: Services, Public Safety carriers. Communications, 700 MHz Band. Authority: 47 U.S.C. 154, 301, 302, 303, * * * * * 307, 309, 332, 336, and 337 unless otherwise Federal Communications Commission. (b) * * * noted. (2) * * * William F. Caton, ■ 4. Amend § 27.13 to revise paragraph (i) The nationwide switch to digital Deputy Secretary. (b) to read as follows: television broadcasting will be complete Final Rules on June 12, 2009, but your local § 27.13 License period. television stations may switch sooner. ■ For the reasons discussed in the * * * * * After the switch, analog-only television preamble, the Federal Communications (b) 698–763 MHz, 776–793 MHz, 775– sets that receive TV programming Commission amends 47 CFR parts 15, 776, and 805–806 MHz bands. Initial through an antenna will need a 27, 54, 73, 76 and 90 to read as follows: authorizations for the 698–763 MHz and converter box to continue to receive 776–793 MHz bands will extend for a over-the-air TV. Watch your local PART 15—RADIO FREQUENCY term not to exceed ten years from June DEVICES stations to find out when they will turn 13, 2009, except that initial off their analog signal and switch to ■ 1. The authority citation for part 15 authorizations for a Part 27 licensee that digital-only broadcasting. Analog-only continues to read as follows: provides broadcast services, whether TVs should continue to work as before exclusively or in combination with Authority: 47 U.S.C. 154, 302a, 303, 304, to receive low power, Class A or 307, 336, and 544a. other services, will not exceed eight translator television stations and with years. Initial authorizations for the 775– cable and satellite TV services, gaming ■ 2. Amend § 15.124 as follows: 776 MHz and 805–806 MHz bands shall consoles, VCRs, DVD players, and ■ a. In paragraph (a), remove the date not exceed April 27, 2015. Licensees similar products. ‘‘May 30, 2008’’ and add in its place the that initiate the provision of a broadcast (ii) Information about the DTV date ‘‘April 1, 2009’’ and remove the service, whether exclusively or in transition is available from your local date ‘‘March 31, 2009’’ and add in its combination with other services, may television stations, http://www.DTV.gov, place the date ‘‘June 30, 2009’’. not provide this service for more than or 1–888–CALL–FCC (TTY 1–888– ■ b. Revise paragraphs (b)(2)(i) and (ii) eight years or beyond the end of the TELL–FCC), and from http:// to read as follows: license term if no broadcast service had www.dtv2009.gov or 1–888–DTV–2009 been provided, whichever period is § 15.124 DTV transition notices by (TTY 1–877–530–2634) for information manufacturers of televisions and related shorter in length. about subsidized coupons for digital-to- devices. * * * * * analog converter boxes; * * * * * § 27.14 [Amended] * * * * * (b) * * * ■ 5. In § 27.14, paragraphs (g), (g)(1), (h), (2) * * * PART 73—RADIO BROADCAST (i) The nationwide switch to digital (h)(1), (i)(1), (l), and (m)(1) remove the SERVICES television broadcasting will be complete date ‘‘February 17’’ and add in its place on June 12, 2009, but your local the date ‘‘June 13’’ each place it appears. ■ 10. The authority citation for part 73 continues to read as follows: television stations may switch sooner. § 27.20 [Amended] After the switch, analog-only television ■ 6. In § 27.20, paragraph (c), remove Authority: 47 U.S.C. 154, 303, 334, 336. sets that receive TV programming the words ‘‘first quarter’’ and add in § 73.624 [Amended] through an antenna will need a their place the words ‘‘second quarter’’. converter box to continue to receive ■ 11. Amend § 73.624 as follows: over-the-air TV. Watch your local § 27.1310 [Amended] ■ a. In paragraphs (d)(1)(vii) and stations to find out when they will turn ■ 7. In § 27.1310, paragraph (j), remove (d)(3)(iii), remove the date ‘‘February 17, off their analog signal and switch to the date ‘‘February 17’’ and add in its 2009’’ and add in its place, the date digital-only broadcasting. Analog-only place the date ‘‘June 13’’. ‘‘June 12, 2009’’.
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■ b. In paragraph (d)(3)(ii), remove the ■ b. Revise paragraphs (b)(2)(i) and (ii) DEPARTMENT OF COMMERCE date ‘‘February 18, 2009’’ and add in its to read as follows: place the date ‘‘June 13, 2009’’. National Oceanic and Atmospheric ■ 12. Amend § 73.674 as follows: § 76.1630 MVPD Digital Television Administration ■ a. In paragraphs (b)(3), (c)(1), (d)(5), Transition Notices. (e)(1) and (e)(2), remove the date * * * * * 50 CFR Part 622 ‘‘February 17, 2009’’ and add in its (b) * * * [Docket No. 001005281–0369–02] place the date ‘‘June 12, 2009’’ each (2) * * * place it appears, and remove the date RIN 0648–XN45 ‘‘March 31, 2009’’ and add in its place (i) The nationwide switch to digital the date ‘‘June 30, 2009’’ each place it television broadcasting will be complete Fisheries of the Caribbean, Gulf of appears. on June 12, 2009, but your local Mexico, and South Atlantic; Coastal ■ b. In paragraphs (d)(6) and (d)(6)(iv), television stations may switch sooner. Migratory Pelagic Resources of the remove the date ‘‘November 10, 2008’’ After the switch, analog-only television Gulf of Mexico and South Atlantic; and add in its place the date ‘‘March 4, sets that receive TV programming Closure 2009’’ and remove the date ‘‘February through an antenna will need a AGENCY: National Marine Fisheries 17, 2009’’ and add in its place the word converter box to continue to receive Service (NMFS), National Oceanic and ‘‘transition’’. over-the-air TV. Watch your local Atmospheric Administration (NOAA), ■ c. Revise paragraph (c)(3)(vi)(A), to stations to find out when they will turn Commerce. read as follows: off their analog signal and switch to ACTION: Temporary rule; closure. § 73.674 Digital television transition digital-only broadcasting. Analog-only notices by broadcasters. TVs should continue to work as before SUMMARY: NMFS closes the commercial * * * * * to receive low power, Class A or hook-and-line fishery for king mackerel (c) * * * translator television stations and with in the southern Florida west coast subzone. This closure is necessary to (3) * * * cable and satellite TV services, gaming protect the Gulf king mackerel resource. (vi) * * * consoles, VCRs, DVD players, and (A) The nationwide switch to digital similar products. DATES: This rule is effective 12:01 a.m., television broadcasting will be complete (ii) Information about the DTV local time, February 28, 2009, through on June 12, 2009, but your local transition is available from your local June 30, 2009. television stations may switch sooner. television stations, http://www.DTV.gov, FOR FURTHER INFORMATION CONTACT: After the switch, analog-only television 1–888–CALL–FCC (TTY 1–888–TELL– Susan Gerhart, telephone 727–824– sets that receive TV programming FCC), or this MVPD at [telephone 5305, fax 727–824–5308, e-mail through an antenna will need a number and Web site if available], and [email protected]. converter box to continue to receive from http://www.dtv2009.gov or 1–888– SUPPLEMENTARY INFORMATION: The over-the-air TV. Watch your local DTV–2009 (TTY 1–877–530–2634) for fishery for coastal migratory pelagic fish stations to find out when they will turn information about subsidized coupons (king mackerel, Spanish mackerel, cero, off their analog signal and switch to for digital-to-analog converter boxes; cobia, little tunny, and, in the Gulf of digital-only broadcasting. Analog-only * * * * * Mexico only, dolphin and bluefish) is TVs should continue to work as before managed under the Fishery to receive low power, Class A or PART 90—PRIVATE LAND MOBILE Management Plan for the Coastal translator television stations and with RADIO SERVICES Migratory Pelagic Resources of the Gulf cable and satellite TV services, gaming of Mexico and South Atlantic (FMP). consoles, VCRs, DVD players, and ■ The FMP was prepared by the Gulf of similar products. 16. The authority citation for part 90 continues to read as follows: Mexico and South Atlantic Fishery * * * * * Management Councils (Councils) and is ■ 13. In § 73.3598, paragraph (b)(3), Authority: Sections 4(i), 11, 303(g), 303(r), implemented under the authority of the remove the date ‘‘February 17, 2009’’ and 332(c)(7) of the Communications Act of Magnuson-Stevens Fishery and add in its place the date ‘‘June 12, 1934, as amended, 47 U.S.C. 154(i), 161, Conservation and Management Act 2009’’. 303(g), 303(r), and 332(c)(7). (Magnuson-Stevens Act) by regulations § 90.528 [Amended] at 50 CFR part 622. PART 76—MULTICHANNEL VIDEO On April 27, 2000, NMFS AND CABLE TELEVISION SERVICE ■ 17. In § 90.528, paragraph (d), remove implemented the final rule (65 FR 16336, March 28, 2000) that divided the ■ 14. The authority citation for part 76 the date ‘‘February 17’’ and add in its place the date ‘‘June 13’’. Florida west coast subzone of the continues to read as follows: eastern zone into northern and southern Authority: 47 U.S.C. 151, 152, 153, 154, § 90.1410 [Amended] subzones, and established their separate 301, 302, 303, 303a, 307, 308, 309, 312, 315, quotas. The quota for the hook-and-line ■ 317, 325, 336, 339, 503, 521, 522, 531, 532, 18. In § 90.1410, paragraph (j), remove fishery in the southern Florida west 533, 534, 535, 536, 537, 543, 544, 544a, 545, the date ‘‘February 17’’ and add in its coast subzone is 520,312 lb (236,010 548, 549, 552, 554, 556, 558, 560, 561, 571, place the date ‘‘June 13’’. 572, 573. kg)(50 CFR 622.42(c)(1)(i)(A)(2)(i)). [FR Doc. E9–4256 Filed 2–25–09; 11:15 am] Under 50 CFR 622.43(a), NMFS is ■ 15. Amend § 76.1630 as follows: BILLING CODE 6712–01–P required to close any segment of the ■ a. In paragraph (a), remove the words king mackerel commercial fishery when ‘‘April 26, 2008’’ and add in their place its quota has been reached, or is the date ‘‘April 1, 2009,’’ and remove projected to be reached, by filing a the words ‘‘in March’’ and add in their notification at the Office of the Federal place the words ‘‘on June 30,’’. Register. NMFS has determined the
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commercial quota for Gulf group king Dated: February 23, 2009. specifications for groundfish of the GOA mackerel in the southern Florida west Emily H. Menashes, (74 FR 7333, February 17, 2009). coast subzone will be reached by Acting Director, Office of Sustainable In accordance with § 679.20(d)(1)(i), February 28, 2009. Accordingly, the Fisheries, National Marine Fisheries Service. the Regional Administrator has commercial fishery for Gulf group king [FR Doc. E9–4273 Filed 2–24–09; 4:15 pm] determined that the A season allocation mackerel in the southern subzone is BILLING CODE 3510–22–S of the 2009 TAC of Pacific cod closed effective 12:01 a.m., local time, apportioned to vessels catching Pacific February 28, 2009, through June 30, cod for processing by the inshore 2009, the end of the fishing year. DEPARTMENT OF COMMERCE component of the Western Regulatory The Florida west coast subzone is that National Oceanic and Atmospheric Area of the GOA will soon be reached. part of the eastern zone located south Administration Therefore, the Regional Administrator is and west of 25°20.4′ N. lat. (a line establishing a directed fishing directly east from the Miami-Dade 50 CFR Part 679 allowance of 8,235 mt, and is setting County, FL boundary) along the west aside the remaining 500 mt as bycatch ° ′ ′ coast of Florida to 87 31 06 W. long. (a [Docket No. 09100091344–9056–02] to support other anticipated groundfish line directly south from the Alabama/ fisheries. In accordance with Florida boundary). The Florida west RIN 0648–XN19 § 679.20(d)(1)(iii), the Regional coast subzone is further divided into Administrator finds that this directed Fisheries of the Exclusive Economic northern and southern subzones. From fishing allowance has been reached. Zone Off Alaska; Pacific Cod by November 1 through March 31, the Consequently, NMFS is prohibiting Vessels Catching Pacific Cod for southern subzone is designated as the directed fishing for Pacific cod by Processing by the Inshore Component area extending south and west from vessels catching Pacific cod for ° ′ ° ′ in the Western Regulatory Area of the 25 20.4 N. lat. to 26 19.8 N. lat. (a line processing by the inshore component in Gulf of Alaska directly west from the Lee/Collier the Western Regulatory Area of the County, Florida, boundary), i.e., the area AGENCY: National Marine Fisheries GOA. off Collier and Monroe Counties. Service (NMFS), National Oceanic and Beginning April 1, the southern subzone After the effective date of this closure Atmospheric Administration (NOAA), the maximum retainable amounts at is reduced to the area off Collier County, Commerce. Florida, between 25°48′ N. lat. and § 679.20(e) and (f) apply at any time 26°19.8′ N. lat. ACTION: Temporary rule; closure. during a trip. Classification SUMMARY: NMFS is prohibiting directed Classification fishing for Pacific cod by vessels This action responds to the best catching Pacific cod for processing by This action responds to the best available information recently obtained the inshore component in the Western available information recently obtained from the fishery. The Assistant Regulatory Area of the Gulf of Alaska from the fishery. The Assistant Administrator for Fisheries, NOAA, (GOA). This action is necessary to Administrator for Fisheries, NOAA (AA), finds good cause to waive the prevent exceeding the 2009 total (AA), finds good cause to waive the requirement to provide prior notice and allowable catch (TAC) of Pacific cod requirement to provide prior notice and opportunity for public comment apportioned to vessels catching Pacific opportunity for public comment pursuant to the authority set forth at 5 cod for processing by the inshore pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such prior notice component of the Western Regulatory U.S.C. 553(b)(B) as such requirement is and opportunity for public comment is Area of the GOA. impracticable and contrary to the public interest. This requirement is unnecessary and contrary to the public DATES: Effective 1200 hrs, Alaska local interest. Such procedures would be impracticable and contrary to the public time (A.l.t.), February 25, 2009, until interest as it would prevent NMFS from unnecessary because the rule itself has 1200 hrs, A.l.t., September 1, 2009. already been subject to notice and responding to the most recent fisheries comment, and all that remains is to FOR FURTHER INFORMATION CONTACT: Josh data in a timely fashion and would notify the public of the closure. Keaton, 907–586–7228. delay the closure of Pacific cod Allowing prior notice and opportunity SUPPLEMENTARY INFORMATION: NMFS apportioned to vessels catching Pacific for public comment is contrary to the manages the groundfish fishery in the cod for processing by the inshore public interest because of the need to GOA exclusive economic zone component of the Western Regulatory immediately implement this action in according to the Fishery Management Area of the GOA. NMFS was unable to order to protect the fishery because the Plan for Groundfish of the Gulf of publish a notice providing time for capacity of the fishing fleet allows for Alaska (FMP) prepared by the North public comment because the most rapid harvest of the quota. Prior notice Pacific Fishery Management Council recent, relevant data only became and opportunity for public comment under authority of the Magnuson– available as of February 23, 2009. will require time and would potentially Stevens Fishery Conservation and The AA also finds good cause to result in a harvest well in excess of the Management Act. Regulations governing waive the 30-day delay in the effective established quota. fishing by U.S. vessels in accordance date of this action under 5 U.S.C. For the aforementioned reasons, the with the FMP appear at subpart H of 50 553(d)(3). This finding is based upon AA also finds good cause to waive the CFR part 600 and 50 CFR part 679. the reasons provided above for waiver of 30-day delay in the effectiveness of this The A season allocation of the 2009 prior notice and opportunity for public action under 5 U.S.C. 553(d)(3). TAC of Pacific cod apportioned to comment. vessels catching Pacific cod for This action is taken under 50 CFR processing by the inshore component of This action is required by § 679.20 622.43(a) and is exempt from review the Western Regulatory Area of the GOA and is exempt from review under under Executive Order 12866. is 8,735 metric tons (mt) as established Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. by the final 2009 and 2010 harvest Authority: 16 U.S.C. 1801 et seq.
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Dated: February 24, 2009. 6,164 metric tons as established by the Dated: February 23, 2009. Emily H. Menashes, 2009 and 2010 final harvest Emily H. Menashes, Acting Director, Office of Sustainable specifications for groundfish in the Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. BSAI (74 FR 7359, February 17, 2009). Fisheries, National Marine Fisheries Service. [FR Doc. E9–4261 Filed 2–24–09; 4:15 pm] In accordance with § 679.20(d)(1)(i), [FR Doc. E9–4268 Filed 2–24–09; 4:15 pm] BILLING CODE 3510–22–S the Administrator, Alaska Region, BILLING CODE 3510–22–S NMFS (Regional Administrator), has determined that the 2009 Atka mackerel DEPARTMENT OF COMMERCE A season TAC allocated to vessels DEPARTMENT OF COMMERCE participating in the Amendment 80 National Oceanic and Atmospheric limited access fishery in the Eastern National Oceanic and Atmospheric Administration Aleutian District and Bering Sea Administration Subarea of the BSAI will soon be 50 CFR Part 679 reached. Therefore, the Regional 50 CFR Part 679 [Docket No. 0810141351–9087–02] Administrator is establishing a directed fishing allowance of 6,154 mt and is [Docket No. 0910091344–9056–02] RIN 0648–XN52 setting aside the remaining 10 mt as RIN 0648–XN49 incidental catch to support other Fisheries of the Exclusive Economic groundfish fisheries. In accordance with Zone Off Alaska; Atka Mackerel by Fisheries of the Exclusive Economic § 679.20(d)(1)(iii), the Regional Zone Off Alaska; Pacific Cod by Vessels in the Amendment 80 Limited Administrator finds that this directed Access Fishery in the Eastern Aleutian Vessels Catching Pacific Cod for fishing allowance has been reached. Processing by the Offshore District and Bering Sea Subarea of the Consequently, NMFS is prohibiting Bering Sea and Aleutian Islands Component in the Central Regulatory directed fishing for Atka mackerel for Area of the Gulf of Alaska Management Area vessels participating in the Amendment AGENCY: National Marine Fisheries 80 limited access fishery in the Eastern AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Aleutian District and Bering Sea Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Subarea of the BSAI. Atmospheric Administration (NOAA), Commerce. After the effective date of this closure Commerce. the maximum retainable amounts at ACTION: Temporary rule; closure. ACTION: Temporary rule; closure. § 679.20(e) and (f) apply at any time SUMMARY: NMFS is prohibiting directed during a trip. SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel for vessels Classification fishing for Pacific cod by vessels participating in the Amendment 80 catching Pacific cod for processing by limited access A season fishery in the This action responds to the best the offshore component in the Central Eastern Aleutian District and Bering Sea available information recently obtained Regulatory Area of the Gulf of Alaska Subarea of the Bering Sea and Aleutian from the fishery. The Assistant (GOA). This action is necessary to Islands management area (BSAI). This Administrator for Fisheries, NOAA, prevent exceeding the 2009 total action is necessary to prevent exceeding (AA), finds good cause to waive the allowable catch (TAC) of Pacific cod the 2009 Atka mackerel allowable catch requirement to provide prior notice and apportioned to vessels catching Pacific (TAC) specified for vessels participating opportunity for public comment cod for processing by the offshore in the Amendment 80 limited access pursuant to the authority set forth at 5 component of the Central Regulatory U.S.C. 553(b)(B) as such requirement is fishery in the Eastern Aleutian District Area of the GOA. impracticable and contrary to the public and Bering Sea Subarea of the BSAI. DATES: interest. This requirement is Effective 1200 hrs, Alaska local DATES: Effective 1200 hrs, Alaska local impracticable and contrary to the public time (A.l.t.), February 19, 2009, until time (A.l.t.), February 20, 2009, through interest as it would prevent NMFS from 1200 hrs, A.l.t., September 1, 2009. 1200 hrs, A.l.t., September 1, 2009. responding to the most recent fisheries FOR FURTHER INFORMATION CONTACT: Josh FOR FURTHER INFORMATION CONTACT: data in a timely fashion and would Keaton, 907–586–7228. Steve Whitney, 907–586–7269. delay the closure of Atka mackerel by SUPPLEMENTARY INFORMATION: NMFS SUPPLEMENTARY INFORMATION: NMFS vessels participating in the Amendment manages the groundfish fishery in the manages the groundfish fishery in the 80 limited access fishery in the Eastern GOA exclusive economic zone BSAI exclusive economic zone Aleutian District and Bering Sea according to the Fishery Management according to the Fishery Management Subarea of the BSAI. NMFS was unable Plan for Groundfish of the Gulf of Plan for Groundfish of the Bering Sea to publish a notice providing time for Alaska (FMP) prepared by the North and Aleutian Islands Management Area public comment because the most Pacific Fishery Management Council (FMP) prepared by the North Pacific recent, relevant data only became under authority of the Magnuson– Fishery Management Council under available as of February 19, 2009. Stevens Fishery Conservation and authority of the Magnuson–Stevens The AA also finds good cause to Management Act. Regulations governing Fishery Conservation and Management waive the 30-day delay in the effective fishing by U.S. vessels in accordance Act. Regulations governing fishing by date of this action under 5 U.S.C. with the FMP appear at subpart H of 50 U.S. vessels in accordance with the FMP 553(d)(3). This finding is based upon CFR part 600 and 50 CFR part 679. appear at subpart H of 50 CFR part 600 the reasons provided above for waiver of The A season allocation of the 2009 and 50 CFR part 679. prior notice and opportunity for public TAC of Pacific cod apportioned to The 2009 Atka mackerel A season comment. vessels catching Pacific cod for TAC allocated to vessels participating in This action is required by § 679.20 processing by the offshore component of the Amendment 80 limited access and § 679.91 and is exempt from review the Central Regulatory Area of the GOA fishery in the Eastern Aleutian District under Executive Order 12866. is 1,418 metric tons (mt) as established and Bering Sea Subarea of the BSAI is Authority: 16 U.S.C. 1801 et seq. by the final 2009 and 2010 harvest
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specifications for groundfish of the GOA Dated: February 23, 2009. Background (74 FR 7333, February 17, 2009). Emily H. Menashes, NMFS manages the groundfish fishery In accordance with § 679.20(d)(1)(i), Acting Director, Office of Sustainable in the BSAI exclusive economic zone the Regional Administrator has Fisheries, National Marine Fisheries Service. according to the Fishery Management determined that the A season allocation [FR Doc. E9–4270 Filed 2–24–09; 4:15 pm] Plan for Groundfish of the Bering Sea of the 2009 TAC of Pacific cod BILLING CODE 3510–22–S and Aleutian Islands Management Area apportioned to vessels catching Pacific (FMP) prepared by the North Pacific cod for processing by the offshore Fishery Management Council under DEPARTMENT OF COMMERCE component of the Central Regulatory authority of the Magnuson–Stevens Area of the GOA will soon be reached. Fishery Conservation and Management National Oceanic and Atmospheric Act. Regulations governing fishing by Therefore, the Regional Administrator is Administration establishing a directed fishing U.S. vessels in accordance with the FMP allowance of 1,350 mt, and is setting appear at subpart H of 50 CFR part 600 50 CFR Part 679 and 50 CFR part 679. aside the remaining 68 mt as bycatch to In accordance with support other anticipated groundfish [Docket No. 071106673–8011–02] § 679.20(a)(8)(iii)(A), owners and fisheries. In accordance with operators of vessels using trawl gear for § 679.20(d)(1)(iii), the Regional RIN 0648–XM68 directed fishing for Atka mackerel in the Administrator finds that this directed HLA are required to register with fishing allowance has been reached. Fisheries of the Exclusive Economic NMFS. Eight vessels have registered Consequently, NMFS is prohibiting Zone Off Alaska; Atka Mackerel Lottery with NMFS to fish in the A season HLA directed fishing for Pacific cod by in Areas 542 and 543; Correction fisheries in areas 542 and/or 543. In vessels catching Pacific cod for accordance with § 679.20(a)(8)(iii)(B), processing by the offshore component in AGENCY: National Marine Fisheries the Administrator, Alaska Region, the Central Regulatory Area of the GOA. Service (NMFS), National Oceanic and NMFS, has randomly assigned each Atmospheric Administration (NOAA), After the effective date of this closure vessel to the HLA directed fishery for Commerce. the maximum retainable amounts at Atka mackerel for which they have § 679.20(e) and (f) apply at any time ACTION: Correction of fishery registered and is now notifying each during a trip. assignments. vessel of its assignment in accordance with § 679.20(a)(8)(iii). Classification SUMMARY: On January 14, 2009, NMFS published a rule (74 FR 1946) that Correction This action responds to the best notified owners and operators of The final rule, identified as FR Doc. available information recently obtained registered vessels of their assignments E9–606 that published in the Federal from the fishery. The Assistant for the 2009 A season Atka mackerel Register on January 14, 2009 (74 FR Administrator for Fisheries, NOAA fishery in harvest limit area (HLA) 542 1946) is corrected by removing six of the (AA), finds good cause to waive the and/or 543 of the Aleutian Islands fourteen vessels that registered with requirement to provide prior notice and subarea of the Bering Sea and Aleutian NMFS to fish in the A season HLA opportunity for public comment Islands management area (BSAI). fisheries in areas 542 and/or 543 as pursuant to the authority set forth at 5 Subsequent to the issuance of that follows. U.S.C. 553(b)(B) as such requirement is notice, NMFS learned that several 1. On page 1946, in column 3, in the impracticable and contrary to the public applicants for federal fisheries permits second paragraph on line 6, the number interest. This requirement is inadvertently selected the endorsement ‘‘Fourteen’’ is corrected to read ‘‘Eight’’. impracticable and contrary to the public for the directed Atka mackerel fisheries 2. On page 1947, in column 1, in the interest as it would prevent NMFS from inside the HLA in the Aleutian Islands second paragraph on lines 6 through 9, responding to the most recent fisheries subarea. This resulted in NMFS the vessels ‘‘Federal Fishery Permit data in a timely fashion and would assigning those vessels to the HLA number (FFP) 2134 Ocean Peace, FFP delay the closure of Pacific cod directed fishery for Atka mackerel. 2733 Seafreeze Alaska, FFP 3694 Arica, apportioned to vessels catching Pacific NMFS is hereby correcting the previous and FFP 3835 Seafisher’’ are corrected cod for processing by the offshore notice to the owners and operators of to read ‘‘Federal Fishery Permit number component of the Central Regulatory registered vessels of their assignments (FFP) 2134 Ocean Peace and FFP 2733 Area of the GOA. NMFS was unable to for the 2009 A season Atka mackerel Seafreeze Alaska’’. 3. On page 1947, in column 2, in the publish a notice providing time for fishery in harvest limit area (HLA) 542 third paragraph on lines 4 through 6, the public comment because the most and/or 543 of the Aleutian Islands vessels ‘‘FFP 480 Muir Milach and FFP recent, relevant data only became subarea of the Bering Sea and Aleutian 11770 Alaska Knight’’ are corrected to available as of February 18, 2009. Islands management area (BSAI). This action is necessary to allow the correct read ‘‘FFP 11770 Alaska Knight’’. The AA also finds good cause to vessels to participate the harvest of the 4. On page 1947, in column 2, waive the 30-day delay in the effective 2009 A season HLA limits established paragraph 4 is removed. date of this action under 5 U.S.C. for area 542 and area 543 pursuant to Fishery Assignments 553(d)(3). This finding is based upon the 2008 and 2009 harvest specifications the reasons provided above for waiver of for groundfish in the BSAI. For the Amendment 80 cooperative, the vessels authorized to participate in prior notice and opportunity for public DATES: Effective 1200 hrs, Alaska local comment. the first HLA directed fishery in area time (A.l.t.), February 24, 2009, until 542 and the second HLA directed This action is required by § 679.20 1200 hrs, A.l.t., April 15, 2009. fishery in area 543 are as follows: and is exempt from review under FOR FURTHER INFORMATION CONTACT: Federal Fishery Permit number (FFP) Executive Order 12866. Mary Furuness, 907–586–7228. 2134 Ocean Peace and FFP 2733 Authority: 16 U.S.C. 1801 et seq. SUPPLEMENTARY INFORMATION: Seafreeze Alaska.
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For the Amendment 80 cooperative, DEPARTMENT OF COMMERCE Location Amendment the vessels authorized to participate in the first HLA directed fishery in area National Oceanic and Atmospheric 679.20(a)(5)(i)(D), Remove from CFR 543 and the second HLA directed Administration (E), and (F) because (F) was ap- fishery in area 542 are as follows: FFP plicable only through 3835 Seafisher. 50 CFR Part 679 December 31, 2002, and (D) and (E) For the Amendment 80 limited access were previously re- sector, vessels authorized to participate [Docket No. 0812011537–9145–01] moved and re- in the first HLA directed fishery in area served. 542 and in the second HLA directed RIN 0648–AX45 fishery in area 543 are as follows: FFP 679.20(a)(5)(iv)(C) Remove from CFR because this para- 2443 Alaska Juris and FFP 3819 Alaska Fisheries of the Exclusive Economic graph was applica- Spirit. Zone Off Alaska; Recordkeeping and ble only through De- For the Amendment 80 limited access Reporting cember 31, 2002. sector, the vessels authorized to participate in the first HLA directed AGENCY: National Marine Fisheries 679.20(c)(2) Remove from CFR Service (NMFS), National Oceanic and and reserve be- fishery in area 543 and the second HLA cause this para- directed fishery in area 542 are as Atmospheric Administration (NOAA), Commerce. graph was applica- follows: FFP 3423 Alaska Warrior and ble only until April 1, FFP 4093 Alaska Victory. ACTION: Final rule. 2005. For the BSAI trawl limited access 679.20(c)(5) and Remove the phrase SUMMARY: NMFS issues a final rule to sector, the vessel authorized to (c)(6) ‘‘(Effective April 1, participate in the first HLA directed update regulations in 50 CFR part 679. 2005)’’ because re- fishery in area 542 is as follows: FFP The action would remove regulations lated regulations are 11770 Alaska Knight. that have lapsed and is intended to now effective. This action removes six vessels that promote the goals and objectives of the registered with NMFS to fish in the A Magnuson–Stevens Fishery Classification Conservation and Management Act. season HLA fisheries in areas 542 and/ Pursuant to section 305(d) of the or 543 and does not otherwise change DATES: Effective February 27, 2009. Magnuson–Stevens Act, NMFS has the requirements in the January 14, 2009 determined that this final rule is ADDRESSES: Copies of the Categorical (74 FR 1946) temporary rule. consistent with the FMPs and other Exclusion (CE) and Regulatory Impact provisions of the Magnuson–Stevens Classification Review (RIR) prepared for this action Act. may be obtained from the NMFS Alaska The Assistant Administrator for This rule has been determined to be Region, P.O. Box 21668, Juneau, AK not significant for purposes of Executive Fisheries, NOAA (AA), finds good cause 99802, or by calling the Alaska Region, to waive the requirement to provide Order 12866. NMFS, at 907–586–7228, or from the This action will not increase prior notice and opportunity for public NMFS Alaska Region website at http:// comment pursuant to the authority set recordkeeping and reporting costs. alaskafisheries.noaa.gov. Pursuant to 5 U.S.C. 553(b)(B), the forth at 5 U.S.C. 553(b)(B) as such Assistant Administrator of Fisheries requirement is unnecessary. This notice FOR FURTHER INFORMATION CONTACT: (AA) finds good cause to waive prior merely advises the owners of these Patsy A. Bearden, 907–586–7008. notice and opportunity for public vessels of the results of a random SUPPLEMENTARY INFORMATION: The comment. Prior notice and opportunity assignment required by regulation. The groundfish fisheries in the exclusive for public comment are unnecessary notice needs to occur immediately to economic zone (EEZ) off Alaska are because these changes remove notify the owner of each vessel of its managed under the Fishery regulatory provisions that have lapsed. assignment to allow these vessel owners Management Plan for Groundfish of the For the same reason, the AA finds good to plan for participation in the A season Bering Sea and Aleutian Islands cause to waive the 30-day delay in the HLA fisheries in area 542 and area 543. Management Area and the Fishery effective date under 5 U.S.C. 553(d)(3). The AA also finds good cause to Management Plan for Groundfish of the Because prior notice and opportunity waive the 30-day delay in the effective Gulf of Alaska (FMPs). The North for public comment are not required for date of this action under 5 U.S.C. Pacific Fishery Management Council this rule by 5 U.S.C. 553, or any other 553(d)(3). This finding is based upon prepared the FMPs under the authority law, the analytical requirements of the the reasons provided above for waiver of of the Magnuson–Stevens Fishery Regulatory Flexibility Act, 5 U.S.C. 601 prior notice and opportunity for public Conservation and Management Act et seq. are inapplicable. comment. (Magnuson–Stevens Act), 16 U.S.C. List of Subjects in 50 CFR Part 679 This action is required by § 679.20 1801 et seq. Regulations implementing Alaska, Fisheries, Recordkeeping and and is exempt from review under the FMPs appear at 50 CFR part 679. reporting requirements. Executive Order 12866. General regulations governing U.S. fisheries also appear at 50 CFR part 600. Dated: February 23, 2009. Authority: 16 U.S.C. 1801 et seq. Need for Action Samuel D. Rauch III Dated: February 23, 2009. Deputy Assistant Administrator for Emily H. Menashes, In 50 CFR part 679, text is amended Regulatory Programs,National Marine Acting Director, Office of Sustainable to remove lapsed regulatory provisions Fisheries Service. Fisheries, National Marine Fisheries Service. from the Code of Federal Regulations ■ For the reasons set out in the [FR Doc. E9–4264 Filed 2–24–09; 4:15 pm] (CFR). This final rule amends preamble, 50 CFR part 679 is amended BILLING CODE 3510–22–S regulations by removing text as follows: as follows:
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PART 679—FISHERIES OF THE Authority: 16 U.S.C. 773 et seq., 1801 et ■ B. Remove and reserve paragraph EXCLUSIVE ECONOMIC ZONE OFF seq., 3631 et seq.; Pub. L. 108–447. (c)(2). ■ ALASKA § 679.20 [Amended] C. Remove the parenthetical phrase ‘‘(Effective April 1, 2005)’’ from ■ 1. The authority citation for part 679 ■ 2. In § 679.20: paragraphs (c)(5) and (c)(6). continues to read as follows: ■ A. Remove paragraphs (a)(5)(i)(D), (E), [FR Doc. E9–4281 Filed 2–26–09; 8:45 am] and (F), and paragraph (a)(5)(iv)(C). BILLING CODE 3510–22–S
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Proposed Rules Federal Register Vol. 74, No. 38
Friday, February 27, 2009
This section of the FEDERAL REGISTER DATES: We must receive comments on Discussion contains notices to the public of the proposed this proposed AD by April 28, 2009. We issued Emergency AD 2006–18– issuance of rules and regulations. The purpose of these notices is to give interested ADDRESSES: Use one of the following 51, Amendment 39–14757 on August persons an opportunity to participate in the addresses to comment on this proposed 31, 2006 (71 FR 52983, September 8, rule making prior to the adoption of the final AD: 2006), due to significant cracks found in rules. • Federal eRulemaking Portal: Go to the wing rear spar lower caps of Hawker http://www.regulations.gov. Follow the Beechcraft Model 1900D airplanes. AD instructions for submitting comments. 2006–18–51 applies to certain Hawker DEPARTMENT OF TRANSPORTATION • Beechcraft Models 1900, 1900C, and Fax: (202) 493–2251. 1900D airplanes and currently requires Federal Aviation Administration • Mail: U.S. Department of a one-time visual inspection of both the Transportation, Docket Operations, M– left and right wing rear spar lower caps 14 CFR Part 39 30, West Building Ground Floor, Room for cracking and other damage such as W12–140, 1200 New Jersey Avenue, SE., loose or missing fasteners; repairing any [Docket No. FAA–2009–0165; Directorate Washington, DC 20590. Identifier 2008–CE–055–AD] cracks or damage found; and reporting • Hand Delivery: U.S. Department of any cracks or damage found to the FAA RIN 2120–AA64 Transportation, Docket Operations, M– and the manufacturer. 30, West Building Ground Floor, Room After complying with AD 2006–18– Airworthiness Directives; Hawker W12–140, 1200 New Jersey Avenue, SE., 51, additional fatigue cracks found in Beechcraft Corporation (Type Washington, DC 20590, between 9 a.m. the affected area of the wing rear spar Certificate Previously Held by and 5 p.m., Monday through Friday, lower caps on certain Hawker Raytheon Aircraft Company) Models except Federal holidays. Beechcraft Models 1900, 1900C, and 1900, 1900C, and 1900D Airplanes For service information identified in 1900D airplanes caused us to issue AD 2006–24–11, Amendment 39–14840 (71 AGENCY: Federal Aviation this proposed AD, contact Hawker Beechcraft Corporation, Attn: Airline FR 70297, December 4, 2006). AD 2006– Administration (FAA), Department of 24–11 does not supersede or revise Transportation (DOT). Technical Support, P.O. Box 85, Wichita, Kansas 67201; telephone: (800) Emergency AD 2006–18–51 because ACTION: Notice of proposed rulemaking 429–5372; fax: (316) 676–8745; Internet: both ADs are necessary to address the (NPRM). http://www.hawkerbeechcraft.com. unsafe condition. AD 2006–24–11 currently requires the following on SUMMARY: We propose to supersede FOR FURTHER INFORMATION CONTACT: certain Hawker Beechcraft Models 1900, Airworthiness Directive (AD) 2006–24– Steve Potter, Aerospace Engineer, FAA, 1900C, and 1900D airplanes: 11, which applies to certain Hawker Wichita Aircraft Certification Office • Repetitively inspecting the forward, Beechcraft Corporation (Hawker) (Type (ACO), 1801 Airport Road, Room 100, vertical, and aft flanges of both the left Certificate previously held by Raytheon Wichita, Kansas 67209, phone: (316) and right wing rear spar lower caps for Aircraft Company) Models 1900, 1900C, 946–4124, fax: (316) 946–4107. cracks; and 1900D airplanes. AD 2006–24–11 • Repairing any cracks found; and SUPPLEMENTARY INFORMATION: currently requires you to repetitively • Reporting the inspection results to inspect the forward, vertical, and aft Comments Invited manufacturer. flanges of both the left and right wing Since we issued AD 2006–24–11, the rear spar lower caps for cracks, repair We invite you to send any written manufacturer has developed a any cracks found, and report the relevant data, views, or arguments modification kit to install on the wing inspection results to the manufacturer. regarding this proposed AD. Send your rear spar lower caps that would Since we issued AD 2006–24–11, the comments to an address listed under the terminate the 200-hour repetitive manufacturer has developed a ADDRESSES section. Include the docket inspection required in AD 2006–24–11 modification kit to install on the wing number, ‘‘FAA–2009–0165; Directorate when installed. The FAA’s aging rear spar lower caps that would Identifier 2008–CE–055–AD’’ at the commuter aircraft policy briefly states terminate the 200-hour repetitive beginning of your comments. We that, when a modification exists that inspection required in AD 2006–24–11. specifically invite comments on the could eliminate or reduce the number of Consequently, this proposed AD would overall regulatory, economic, required critical inspections, the require installing the new modification environmental, and energy aspects of modification should be incorporated. kits on the wing rear spar lower caps the proposed AD. We will consider all This policy is based on the FAA’s and would terminate the repetitive comments received by the closing date determination that reliance on critical inspections required in AD 2006–24–11 and may amend the proposed AD in repetitive inspections on airplanes when the kits are installed. We are light of those comments. utilized in commuter service carries an proposing this AD to prevent fatigue We will post all comments we unnecessary safety risk when a design cracks in the wing rear spar lower caps, receive, without change, to http:// change exists that could eliminate or, in which could result in fatigue failure of www.regulations.gov, including any certain instances, reduce the number of the wing rear spar lower caps. A rear personal information you provide. We those critical inspections. In spar failure could result in complete will also post a report summarizing each determining what inspections are wing failure and the wing separating substantive verbal contact we receive critical, the FAA considers (1) The from the airplane. concerning this proposed AD. safety consequences of the airplane if
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the known problem is not detected by and the wing separating from the type design. This proposed AD would the inspection; (2) the reliability of the airplane. supersede AD 2006–24–11 with a new inspection such as the probability of not AD that would require you to install Relevant Service Information detecting the known problem; (3) modification kits on the wing rear spar whether the inspection area is difficult We have reviewed Hawker Beechcraft lower caps. This proposed AD would to access; and (4) the possibility of Mandatory Corporation Service Bulletin also retain the repetitive inspections damage to an adjacent structure as a SB 57–3816, issued January 2008. currently required in AD 2006–24–11 result of the problem. The service information describes until the modification kits are installed. procedures for installing wing rear spar This proposed AD would require you to The alternative to modifying the wing lower cap modification kits. use the service information described rear spar lower caps with a modification previously to perform these actions. kit that improves the fatigue life would FAA’s Determination and Requirements be to repetitively inspect this area for of the Proposed AD Costs of Compliance the life of the airplane. We are proposing this AD because we We estimate that this proposed AD This condition, if not corrected, could evaluated all information and would affect 243 airplanes in the U.S. result in fatigue failure of the wing rear determined the unsafe condition registry. spar lower caps. A rear spar failure described previously is likely to exist or We estimate the following costs to do could result in complete wing failure develop on other products of the same the proposed inspections:
Total cost per Total cost on Labor cost Parts cost airplane U.S. operators
10 work-hours × $80 per hour = $800 ...... $20 $820 $199,260
We estimate the following costs to do the proposed modification:
Total cost per Total cost on Labor cost Parts cost airplane U.S. operators
250 work-hours × $80 per hour = $20,000 ...... $2,200 $22,200 $5,394,600
We have determined that the average for practices, methods, and procedures regulatory flexibility analysis as life to date of the affected airplanes is the Administrator finds necessary for described in the RFA. 16 years and the average usage rate safety in air commerce. This regulation However, if an agency determines that annually is 1,571 hours time-in-service. is within the scope of that authority a proposed or final rule is not expected The cost analysis shows that, based on because it addresses an unsafe condition to have a significant economic impact the average age and usage, AD 2006–24– that is likely to exist or develop on on a substantial number of small 11 requires approximately 7.9 products identified in this rulemaking entities, section 605(b) of the RFA inspections per year with an action. provides that the head of the agency approximate annual cost of $6,500. Regulatory Flexibility Determination may so certify and a regulatory Based on the cost analysis, we have flexibility analysis is not required. The determined that the proposed The Regulatory Flexibility Act of 1980 FAA did make such a determination for modification would start showing a cost (Pub. L. 96–354) (RFA) establishes as a this proposed AD. The basis for this savings over the repetitive inspection principle of regulatory issuance that determination is now discussed. currently required in AD 2006–24–11 agencies shall endeavor, consistent with This proposed AD would supersede after 5 years. This determination is the objective of the rule and of existing AD 2006–24–11. The cost made based on the assumption that the applicable statutes, to fit regulatory and analysis for the proposed AD shows that life-span of the airplanes affected by this informational requirements to the scale proposed AD is between 25 to 40 years. of the businesses, organizations, and the proposed modification will have a cost savings from the accumulative Authority for This Rulemaking governmental jurisdictions subject to regulation. repetitive inspection cost now required Title 49 of the United States Code in AD 2006–24–11, reflecting cost specifies the FAA’s authority to issue To achieve that principle, the RFA savings for 241 of the 243 affected rules on aviation safety. Subtitle I, requires agencies to solicit and consider airplanes. For the two firms the analysis Section 106, describes the authority of flexible regulatory proposals and to did not show a cost savings, we have the FAA Administrator. Subtitle VII, explain the rationale for their actions. identified one as a subsidiary of General Aviation Programs, describes in more The RFA covers a wide-range of small Electric Capital Corporation and the detail the scope of the Agency’s entities, including small businesses, other as the subsidiary of a firm that is authority. not-for-profit organizations, and small probably large. General Electric Capital We are issuing this rulemaking under governmental jurisdictions. Corporation is not a small entity. We the authority described in Subtitle VII, Agencies must perform a review to were unable to determine the size Part A, Subpart III, Section 44701, determine whether a proposed or final classification of the other firm. Even if ‘‘General requirements.’’ Under that rule will have a significant economic the corporate parent of the unidentified section, Congress charges the FAA with impact on a substantial number of small firm is a small firm, this proposed rule promoting safe flight of civil aircraft in entities. If the agency determines that it would impact at most one firm, and one air commerce by prescribing regulations will, the agency must prepare a firm is not a substantial number.
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Therefore, the Acting FAA Facility between 9 a.m. and 5 p.m., Affected ADs Administrator certifies that this rule Monday through Friday, except Federal (b) This AD supersedes AD 2006–24–11, will not impose a significant economic holidays. The Docket Office (telephone Amendment 39–14840. AD 2006–18–51 impact on a substantial number of small (800) 647–5527) is located at the street relates to the subject of this AD. entities. address stated in the ADDRESSES section. Comments will be available in the AD Applicability Regulatory Findings docket shortly after receipt. (c) This AD applies to the following We have determined that this airplane models and serial numbers that are List of Subjects in 14 CFR Part 39 proposed AD would not have federalism certificated in any category: implications under Executive Order Air transportation, Aircraft, Aviation 13132. This proposed AD would not safety, Incorporation by reference, Group 1 model Serial Nos. have a substantial direct effect on the Safety. airplanes States, on the relationship between the The Proposed Amendment national Government and the States, or (1) 1900 ...... UA–3. on the distribution of power and Accordingly, under the authority (2) 1900C (C–12J) .... UB–1 through UB–74. delegated to me by the Administrator, responsibilities among the various Group 2 model Serial Nos. levels of government. the FAA proposes to amend 14 CFR part airplanes For the reasons discussed above, I 39 as follows: certify that the proposed regulation: (1) 1900C (C–12J) .... UC–1 through UC– 1. Is not a ‘‘significant regulatory PART 39—AIRWORTHINESS 174, and UD–1 action’’ under Executive Order 12866; DIRECTIVES through UD–6. 2. Is not a ‘‘significant rule’’ under the 1. The authority citation for part 39 (2) 1900D ...... UE–1 through UE– DOT Regulatory Policies and Procedures continues to read as follows: 439. (44 FR 11034, February 26, 1979); and 3. Will not have a significant Authority: 49 U.S.C. 106(g), 40113, 44701. Unsafe Condition economic impact, positive or negative, § 39.13 [Amended] (d) This AD results from the manufacturer on a substantial number of small entities 2. The FAA amends § 39.13 by developing a modification kit to install on under the criteria of the Regulatory removing Airworthiness Directive (AD) the wing rear spar lower caps that would Flexibility Act. terminate the 200-hour repetitive inspection We prepared a regulatory evaluation 2006–24–11, Amendment 39–14840 (71 required in AD 2006–24–11. We are issuing of the estimated costs to comply with FR 70297, December 4, 2006), and this AD to prevent fatigue cracks in the wing this proposed AD and placed it in the adding the following new AD: rear spar lower caps, which could result in AD docket. Hawker Beechcraft Corporation (Type Certificate previously held by Raytheon fatigue failure of the wing rear spar lower Examining the AD Docket Aircraft Company): Docket No. FAA– caps. A rear spar failure could result in You may examine the AD docket that 2009–0165; Directorate Identifier 2008– complete wing failure and the wing contains the proposed AD, the CE–055–AD. separating from the airplane. regulatory evaluation, any comments Comments Due Date Compliance received, and other information on the (a) We must receive comments on this (e) To address this problem, you must do Internet at http://www.regulations.gov; airworthiness directive (AD) action by April the following, unless already done: or in person at the Docket Management 28, 2009.
Actions Compliance Procedures
(1) For Group 1 and Group 2 airplanes: Repet- Repetitively inspect at intervals not to exceed Follow the procedures in Raytheon Mandatory itively inspect both the left and right wing rear 200 hours time-in-service (TIS) after the Service Bulletin 57–3815, Issued: October, spar lower caps for cracks and other dam- last inspection required by AD 2006–24–11. 2006. age, such as loose or missing fasteners. (2) For Group 1 and Group 2 airplanes: If Before further flight after any inspection re- For the repair scheme, contact Hawker cracks are found, repair all cracks by obtain- quired by paragraph (e)(1) of this AD where Beechcraft Corporation at P.O. Box 85, ing and incorporating an FAA-approved re- cracks are found. Wichita, Kansas 67201–0085; phone: (800) pair scheme from the manufacturer. 429–5372; fax: (316) 676–8745; e-mail: [email protected]. (3) For Group 1 and Group 2 airplanes: Report Report the repetitive inspection results within Follow the procedures in Raytheon Mandatory the inspection results to Hawker Beechcraft 30 days after the inspection. Service Bulletin 57–3815, Issued: October, Company (formerly Raytheon Aircraft Com- 2006. pany) using the instructions and forms in the service bulletin. Complete all sections of the required forms. Reporting requirements have been approved by the Office of Management and Budget (OMB) and assigned OMB con- trol number 2120–0056. (4) For Group 1 airplanes: Install Modification Upon reaching 22,000 total hours TIS or with- Follow the procedures in Hawker Beechcraft Kit 114–4052–1 and Modification Kit 114– in the next 3 years after the effective date Mandatory Service Bulletin 57–3816, 4067–0001. of this AD, whichever occurs later. Installing Issued: January, 2008. the modification kits terminates the repet- itive inspections required by paragraph (e)(1) of this AD.
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Actions Compliance Procedures
(5) For Group 2 airplanes: Install Modification Upon reaching 22,000 total hours TIS or with- Follow the procedures in Hawker Beechcraft Kit 118–4012–1 or 118–4012–3 and Modi- in the next 3 years after the effective date Mandatory Service Bulletin 57–3816, fication Kit 118–4014–0003. of this AD, whichever occurs later. Installing Issued: January, 2008. the modification kits terminates the repet- itive inspections required by paragraph (e)(1) of this AD. (6) For all affected Group 1 and Group 2 air- As of the effective date of this AD ...... Not applicable. planes: You may install the modification kits specified in paragraphs (e)(4) and (e)(5) of this AD at any time before the required com- pliance times specified in paragraphs (e)(4) and (e)(5) of this AD. Installing the modifica- tion kits terminates the repetitive inspections required by paragraph (e)(1) of this AD.
Alternative Methods of Compliance ENVIRONMENTAL PROTECTION Congress Street, 11th floor, (CAQ), (AMOCs) AGENCY Boston, MA 02114–2023. Such (f) The Manager, Wichita Aircraft deliveries are only accepted during the Certification Office (ACO), FAA, has the 40 CFR Part 52 Regional Office’s normal hours of authority to approve AMOCs for this AD, if [EPA–R01–OAR–2008–0485; A–1–FRL– operation. The Regional Office’s official requested using the procedures found in 14 8771–4] hours of business are Monday through CFR 39.19. Send information to ATTN: Steve Friday, 8:30 to 4:30, excluding legal Potter, Aerospace Engineer, ACE–118W, Approval and Promulgation of Air holidays. Wichita Aircraft Certification Office (ACO), Quality Implementation Plans; New Please see the direct final rule which 1801 Airport Road, Room 100, Wichita, Hampshire; 2009 Motor Vehicle is located in the Rules Section of this Kansas 67209, phone: (316) 946–4124, fax: Emissions Budgets for the Boston- Federal Register for detailed (316) 946–4107. Before using any approved Manchester-Portsmouth (SE), New instructions on how to submit AMOC on any airplane to which the AMOC Hampshire, 8-Hour Ozone comments. applies, notify your appropriate principal Nonattainment Area inspector (PI) in the FAA Flight Standards FOR FURTHER INFORMATION CONTACT: District Office (FSDO), or lacking a PI, your AGENCY: Environmental Protection Donald O. Cooke, Air Quality Unit, U.S. local FSDO. Agency (EPA). Environmental Protection Agency, EPA (g) AMOCs approved for AD 2006–24–11 ACTION: Proposed rule. New England Regional Office, One are not approved for this AD. Congress Street, Suite 1100 (CAQ), SUMMARY: The EPA is proposing to Boston, MA 02114–2023, telephone Related Information approve a State Implementation Plan number (617) 918–1668, fax number (h) To get copies of the service information (SIP) revision submitted by the State of (617) 918–0668, e-mail referenced in this AD, contact Hawker New Hampshire. This revision contains [email protected]. Beechcraft, Attn: Airline Technical Support, 8-hour ozone transportation conformity P.O. Box 85, Wichita, Kansas 67201; emission budgets for the Boston- SUPPLEMENTARY INFORMATION: In the telephone: (800) 429–5372; fax: (316) 676– Manchester-Portsmouth (SE), New Final Rules Section of this Federal 8745; Internet: http:// Hampshire, 8-hour ozone nonattainment Register, EPA is approving the State’s www.hawkerbeechcraft.com. To view the AD area. This action is being taken under SIP submittal as a direct final rule docket, go to U.S. Department of the Clean Air Act. without prior proposal because the Transportation, Docket Operations, M–30, DATES: Written comments must be Agency views this as a noncontroversial West Building Ground Floor, Room W12– received on or before March 30, 2009. submittal and anticipates no adverse 140, 1200 New Jersey Avenue, SE., ADDRESSES: Submit your comments, comments. A detailed rationale for the Washington, DC 20590, or on the Internet at identified by Docket ID No. EPA–R01– approval is set forth in the direct final http://www.regulations.gov. OAR–2008–0485 by one of the following rule. If no adverse comments are Issued in Kansas City, Missouri, on methods: received in response to this action rule, February 19, 2009. 1. http://www.regulations.gov: Follow no further activity is contemplated. If EPA receives adverse comments, the John Colomy, the on-line instructions for submitting comments. direct final rule will be withdrawn and Acting Manager, Small Airplane Directorate, 2. E-mail: [email protected]. all public comments received will be Aircraft Certification Service. 3. Fax: (617) 918–0047. addressed in a subsequent final rule [FR Doc. E9–4213 Filed 2–26–09; 8:45 am] 4. Mail: ‘‘EPA–R01–OAR–2008– based on this proposed rule. EPA will BILLING CODE 4910–13–P 0485’’, Anne Arnold, U.S. not institute a second comment period. Environmental Protection Agency, EPA Any parties interested in commenting New England Regional Office, One on this action should do so at this time. Congress Street, Suite 1100 (mail code Please note that if EPA receives adverse CAQ), Boston, MA 02114–2023. comment on an amendment, paragraph, 5. Hand Delivery or Courier. Deliver or section of this rule and if that your comments to: Anne Arnold, provision may be severed from the Manager, Air Quality Planning Unit, remainder of the rule, EPA may adopt Office of Ecosystem Protection, U.S. as final those provisions of the rule that Environmental Protection Agency, EPA are not the subject of an adverse New England Regional Office, One comment.
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For additional information, see the requirements contained herein should requirements. Specifically, this NPRM direct final rule which is located in the be submitted to the Federal proposes to modify existing DTV Rules Section of this Federal Register. Communications Commission via e-mail transition-related information collection Dated: January 27, 2009. to [email protected] and to Nicholas A. requirements to (1) expand viewer Fraser, Office of Management and notification and other public interest Ira W. Leighton, Budget, via e-mail to obligations for early terminators of Acting Regional Administrator, EPA New [email protected] or via analog service; and (2) amend consumer England. fax at 202–395–5167. education requirements to provide more [FR Doc. E9–4135 Filed 2–26–09; 8:45 am] FOR FURTHER INFORMATION CONTACT: For detailed and accurate information to BILLING CODE 6560–50–P more information, please contact Nazifa television viewers. The Commission is Sawez, [email protected], at 202– seeking OMB approval for these changes 418–7059 or Shaun Maher, under OMB’s emergency processing FEDERAL COMMUNICATIONS [email protected], at 202–418– rules. COMMISSION 2324, of the Video Division, Media The Commission, as part of its continuing effort to reduce paperwork 47 CFR Part 73 Bureau; or Evan Baranoff, [email protected], at 202–418– burdens, invites the general public and [MB Docket No. 09–17; FCC 09–11] 7142; Lyle Elder, [email protected], at the Office of Management and Budget 202–418–2120; or Kim Matthews, (OMB) to comment on the information Implementation of the DTV Delay Act [email protected], at 202–418– collection requirements contained in this document, as required by the PRA. AGENCY: Federal Communications 2154, of the Policy Division, Media Public and agency comments are due Commission. Bureau; or Eloise Gore, March 4, 2009. Comments should ACTION: Proposed rule. [email protected], at 202–418–7200, of the Media Bureau. For additional address: (a) Whether the proposed SUMMARY: This document seeks information concerning the Paperwork collection of information is necessary comment on issues relating to further Reduction Act information collection for the proper performance of the implementation of the DTV Delay Act. requirements contained in this functions of the Commission, including The Commission proposes and seeks document, contact Cathy Williams on whether the information shall have comment on a procedure for early (202) 418–2918, or via the Internet at practical utility; (b) the accuracy of the termination of analog broadcasting by [email protected]. Commission’s burden estimates; (c) full-power television broadcasters, and ways to enhance the quality, utility, and SUPPLEMENTARY INFORMATION: This is a clarity of the information collected; and asks whether stations should be allowed summary of the Commission’s Notice of to terminate service at different times of (d) ways to minimize the burden of the Proposed Rulemaking (‘‘NPRM’’) in MB collection of information on the day. It also asks whether the DTV Docket No. 09–17, FCC 09–11, adopted Consumer Education Initiative rules respondents, including the use of and released February 20, 2009. (The automated collection techniques or should be revised, particularly to companion Second Report and Order to require stations to provide viewers with other forms of information technology. this document is published elsewhere in In addition, pursuant to the Small detailed information about service loss this issue of the Federal Register.) The Business Paperwork Relief Act of 2002, due to the move from analog to digital full text of this document is available for Public Law 107–198, see 44 U.S.C. broadcasting. public inspection and copying during 3506(c)(4), we seek specific comment on DATES: Comments for this proceeding regular business hours in the FCC how we might ‘‘further reduce the are due on or before March 4, 2009. Reference Center, Federal information collection burden for small ADDRESSES: Federal Communications Communications Commission, 445 12th business concerns with fewer than 25 Commission, 445 12th Street, SW., Street, SW., CY–A257, Washington, DC employees.’’ Washington, DC 20554. You may submit 20554. These documents will also be Summary of the Notice of Proposed comments, identified by MB Docket No. available via ECFS (http://www.fcc.gov/ Rulemaking: 09–17, by any of the following methods: cgb/ecfs/). (Documents will be available I. Notice of Proposed Rulemaking • Federal eRulemaking Portal: http:// electronically in ASCII, Word 97, and/ www.regulations.gov. Follow the or Adobe Acrobat.) The complete text 1. In this Notice of Proposed instructions for submitting comments. may be purchased from the Rulemaking (NPRM), we seek comment • Federal Communications Commission’s copy contractor, 445 12th on possible additional amendments to Commission’s Web Site: http:// Street, SW., Room CY–B402, our rules that may be necessary or www.fcc.gov/cgb/ecfs/. Follow the Washington, DC 20554. To request this appropriate to carry out the purposes of instructions for submitting comments. the DTV Delay Act. In particular, we • document in accessible formats People with Disabilities: Contact (computer diskettes, large print, audio seek comment on revisions to the early the FCC to request reasonable recording, and Braille), send an e-mail analog termination procedures for accommodations (accessible format to [email protected] or call the stations that prefer to complete their documents, sign language interpreters, Commission’s Consumer and transition before the new deadline of CART, etc.) by e-mail: [email protected] Governmental Affairs Bureau at (202) June 12, 2009. We also seek comment on or phone: 202–418–0530 or TTY: 202– 418–0530 (voice), (202) 418–0432 whether to revise our consumer 418–0432. (TTY). education rules, particularly by For detailed instructions for submitting requiring broadcasters to provide comments and additional information Initial Paperwork Reduction Act of service loss notices to viewers. We ask on the rulemaking process, see the 1995 Analysis whether broadcasters should provide SUPPLEMENTARY INFORMATION section of This Notice of Proposed Rulemaking information on rescanning with digital this document. In addition to filing (NPRM) was analyzed with respect to equipment, and, where applicable, comments with the Secretary, a copy of the Paperwork Reduction Act of 1995, information regarding the need for any comments on the Paperwork Public Law 104–13 (PRA) and contains different equipment due to changes Reduction Act information collection modified information collection from UHF to VHF service, or vice versa.
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We also seek comment on amendments than Tuesday, March 17, 2009. We notifications for fewer than 30 days. to the ‘‘100-Day Countdown’’ that is tentatively conclude that stations may Each station’s on-air viewer required in Option Two and the 30 terminate no earlier than April 16, 2009, notifications must include the specifics minute informational video that is to give all parties at least 30 days from of the station’s firm termination date. required in both Option Two and the notification date to prepare and We also seek comment on whether to Option Three. Finally, we ask whether educate consumers. Our proposals here require all stations that are terminating stations that participate in or support are influenced by our experience prior to June 12, 2009, to air a crawl for the post-transition analog nightlight planning for the partial transition by the seven days prior to their program should be exempt from post- one-third of the full power stations on termination, as was required for stations transition consumer education or just before February 17, 2009. We terminating on February 17, 2009. requirements. have found that advance planning and 6. The Third DTV Periodic Report and station commitment to nightlight service Order required stations to make a A. Analog Service Terminations Prior to and public interest outreach contribute showing with their notification that the June 12, 2009 to a smoother transition. analog service termination ‘‘is necessary 2. As discussed above, we find that 4. For the same reason, we also for purposes of the transition.’’ revising the analog (and pre-transition tentatively conclude that stations will Consistent with this requirement, we digital) service termination procedures not be permitted to change their date for propose to require stations to provide us established in the Third DTV Periodic analog service termination without a with sufficient information to enable us Report and Order, 72 FR 37310 (July 9, strong justification and express to determine whether an early analog 2007), is necessary to implement and Commission approval. We propose that, termination is necessary and in the carry out the purposes of the DTV Delay except in the case of equipment failure, public interest. As described in the Act. We seek to develop revised service natural disaster, or other unforeseeable companion Order published elsewhere termination procedures that will best emergency, stations would only be in this issue of the Federal Register, no enable us to evaluate and adjust permitted to terminate analog service on service termination notifications may be deployment of our resources and to the date they elect. In addition, we filed prior to the release of the new coordinate with other entities in order propose that the timing and advance procedures and form to be adopted in to prepare for stations’ analog service notice for analog terminations to be response to this NPRM. We propose to terminations and protect the public adopted in this proceeding will allow stations that notify us by March interest. The Commission must make, supersede the provisions of Section 17, 2009 to proceed with their planned adjust and prioritize arrangements for 73.1615. Stations would be able to rely terminations without specific individual consumer outreach, call center staffing, on the flexibility of Section 73.1615 for approval, with limited exceptions. converter installation assistance and brief terminations or reductions of Under this proposal, we would review coordinate with contractors, partners, service for technical reasons, as the termination notifications of major volunteers, and organizations originally contemplated by that section. network affiliates. We propose that, in throughout the country to address areas They would not, however, be permitted order to terminate analog service on where stations will terminate their to rely on this provision to terminate their proposed early date, these stations analog signals throughout the transition analog service altogether, even in the will be required to certify both that period. We therefore propose to allow days immediately prior to June 12, 2009. there will be continuing analog service stations to proceed with their planned A station’s analog service termination to a substantial portion of their analog terminations, as described in their would only be permissible on the date audience until June 12, and that they March 17 notification to the permitted for it by the Commission. We will comply with the other public Commission, without the need for seek comment on our tentative interest conditions proposed below. action by the Commission; provided, conclusion and proposals. 7. We propose that these stations must however, that if a major network (ABC/ 5. The Third DTV Periodic Report and certify that at least 90 percent of the CBS/FOX/NBC) affiliate intends to Order required stations to notify their population within their Grade B analog terminate service early, it must certify viewers about a planned analog service contour will continue to receive analog that: (1) At least 90% of its analog termination at least 30 days prior to the service through June 12, 2009. Analog viewers will receive some analog service termination. These ‘‘viewer service, for this purpose, may be full (full service or enhanced nightlight) notifications’’ are required to describe service analog programming from a until June 12, 2009; and (2) it will how viewers can continue to receive major network affiliate or enhanced comply with the other public interest service from the station, and continue to analog nightlight service, because either conditions described below on or before apply to any station terminating prior to of these will include local news, public the day it terminates analog service and June 12. They are not limited to major affairs and emergency information, as through June 12, 2009. Any major network affiliates. We do not propose to well as DTV educational information. network affiliate that does not certify to modify the 30-day on-air viewer Any major network affiliate that is both requirements must continue notification requirement for early certifying in order to terminate analog providing full analog service until June service terminations, although we do service early must include with its filing 12, 2009 (except in the case of encourage early transitioning stations to a list of the stations that will continue equipment failure, natural disaster, or start viewer notifications as soon as to provide such analog service to at least other unforeseeable emergency). their plans are set. We seek comment on 90 percent of its analog viewers through 3. In the companion Order published whether to require a longer viewer June 12, 2009. Stations may cooperate to elsewhere in this issue of the Federal notification period for early share responsibility for providing this Register, we require all full-power transitioning stations, up to 60 days analog service, but each station is television stations that have not when possible, or if we should require individually responsible for its own terminated their analog service as of that notifications commence uniformly analog viewers. February 17, 2009, to decide on a firm on a date certain or, instead, as soon as 8. We further propose that these date by which they intend to terminate the station’s intended termination date stations must also certify that they will their regular analog television service is finalized. Under no circumstances comply with the other public interest and to notify us of that date no later will a station be permitted to air conditions detailed below. The ‘‘On-Air
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Crawl Prior to Termination’’ information to the visually impaired, boxes, televisions and for those in need requirement goes into effect, by its own and therefore, broadcast notices must of these items. The certification must terms, prior to the termination of the have an aural component, as well as specify which station or stations are station’s analog service. The ‘‘DTV being closed or open captioned). responsible for operating the walk-in Educational Information’’ and ‘‘Market center. If no station is specified, the Other Public Interest Conditions Outreach’’ obligations must be station making the certification is undertaken so that they are in place no DTV Educational Information presumed responsible. • Each station will consider and is later than the day on which the station • Ensure that on-air educational encouraged to coordinate with and use terminates full service analog information (prior to the early programming. The ‘‘Market Outreach’’ community resources to provide termination date and thereafter as part requirements contemplate collective consumer outreach and support, of ‘‘enhanced nightlight’’ service) will effort, in a market where more than one including in-home assistance. include demonstrations of converter box broadcaster has certified compliance installations, antenna setups, and other On-Air Crawl Prior to Termination with these conditions, but we remind helpful information, including the • major network affiliates who terminate Each station, individually, will location of walk-in centers in the market early of their joint and several broadcast a crawl on their analog and the phone number for the local or responsibility for compliance with these channel regarding the station’s toll-free telephone assistance provided requirements. Due to different analog termination of analog service, for the to the market, discussed in this section. termination dates, each broadcaster in seven day period just prior to the date an area may become subject to these The Commission will continue to of early termination. For the first five conditions at different times. Therefore, publicize the location of local walk-in days, the crawl must be aired for 5 we will hold a broadcaster responsible centers via our Web site at https:// minutes of every hour of the station’s dtvsupport.fcc.gov/dtvtools. analog broadcast day, including during for compliance with these requirements • only during the period after the Ensure that the DTV educational primetime. For the final two days, the termination of its analog service. We information, both on-air and through crawl must be aired for 10 minutes of emphasize that broadcasters that other means, will provide information every hour of the station’s analog continue providing analog service describing areas that may be losing over- broadcast day, including during through June 12, 2009, are not the-air signal coverage temporarily or primetime. Each station will include in responsible for compliance with any of permanently as the station transitions to the crawl the FCC toll-free number the requirements associated with early digital-only broadcasting. Such (1–888–CALLFCC, 1–888–225–5322). termination, or for any shared efforts or information may include detailed maps, Stations that cannot broadcast a crawl expenses incurred by early termination listings of affected communities, and because it is technically unfeasible may stations as a result of these instructions on how to assess what type provide substitute information on an requirements. of antenna may be necessary to retain or hourly basis, which should be indicated 9. We propose to require certification regain the station’s digital signal, as well in their certification. to the following conditions, which as identifying specific locations that 10. We recognize that major network generally track the conditions that we will not be able to receive a digital affiliates subject to the certification applied to the network affiliates that signal regardless of antenna. If requirement may not be able to certify sought to terminate on February 17, educational information is prepared that they and the other stations in their 2009: jointly, it must still specify the signal market will provide continuing analog loss or change as relevant to each service and compliance with the other Enhanced Analog Nightlight station. necessary public interest obligations • Ensure that at least one station that discussed above. In such cases, these Market Outreach is currently providing analog service to licensees may make an alternative an area within the DMA that will no • Each station individually or showing to the Commission that longer receive analog service after the collectively in the market commits to extraordinary, exigent circumstances, early termination date will continue assisting viewers by providing local or such as the unavoidable loss of their broadcasting an analog signal providing, toll-free telephone assistance, including analog site or extreme economic at a minimum, DTV transition and engineering support. Such assistance hardship, require that they terminate emergency information, as well as local may be provided jointly with other their analog service on their proposed news and public affairs programming stations, organizations, and businesses date. This showing must also include (‘‘enhanced nightlight’’ service) for 60 in the area, but the certification must information regarding analog service days following the early termination specify which station or stations are that will be available for the station’s date, but not beyond June 12, 2009; for responsible. If no station is specified, viewers. For example, a network the purposes of these early terminations, the station making the certification is affiliate might partner with another therefore, the enhanced nightlight must presumed responsible. station serving the same area to ensure begin as soon as there is no network • Each station alone or together with that its viewers may view local news, affiliate serving the area, and be other stations or local businesses and public affairs and emergency provided only through June 12, 2009. organizations in the market will provide information. Some network affiliates The local news, public affairs, or other a location and staff for a consumer transitioning on February 17 partnered programming may include commercial ‘‘walk-in’’ center to assist consumers with local PBS stations to provide local advertising. with applying for coupons and news programs, which the PBS station • Ensure that enhanced nightlight obtaining converter boxes, to aired without commercials. The service concerning the DTV transition demonstrate how to install converter showing should not exceed five (5) will be provided in Spanish and English boxes, to provide maps and lists of pages, not including attachments. and that both DTV transition and communities that may be affected by Stations attempting to make this emergency information is accessible to coverage issues, and to serve as a showing bear a heavy burden of proof. the disability community (e.g., silent redistribution point for consumers who Any station electing to make this scrolls or slates do not provide are willing to donate coupons, converter showing must await a determination by
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the Commission that its showing is 19, 2009), implementing the DTV Delay entire market is transitioning? If so, how sufficient before terminating analog Act, full power stations’ analog licenses should we define ‘‘entire market’’ for service. The Commission will endeavor expire at 11:59:59 p.m. on June 12, the purposes of these rules? Once a to resolve all of these cases prior to the 2009. As explained above, stations may station has transitioned early, should it stations’ proposed termination date. continue analog broadcasting after be required to run a countdown of any 11. Under our proposed approach, we 11:59:59 p.m. only to the extent that kind? We note that the educational would also retain the right to prevent they are participating in the Analog obligation placed on pre-transition any station from going forward with Nightlight program. However, the DTV television stations arose not merely from early termination if we find it in the Delay Act and the other relevant their position as television stations public interest to do so. As the statutory provisions are silent as to the watched by analog-only viewers, but Commission did in the case of stations time of day on June 12, 2009 on which also from their important position as an seeking to terminate on February 17, we analog termination may occur. We do authoritative source of information for would expeditiously provide notice to not believe it is necessary to treat analog the affected community. Even when one stations via public notice if major termination on June 12 but prior to station has completed its move to network affiliates subject to the 11:59:59 p.m. as an ‘‘early’’ termination digital, it can still provide valuable certification requirement decline to and propose to leave it to stations to information and education to its viewers certify, or if any other station will not determine what time of day is most regarding the transition by other be permitted to transition on its appropriate for their viewers. However, stations. proposed date. After broadcasters have we propose to require that stations 2. 30 Minute Informational Videos had an opportunity to review the inform the Commission of the time of Commission’s decisions regarding the day they plan to terminate when they 16. Under the rules as revised in the early termination of stations in their file the required notification on March companion Report and Order, Option market and surrounding markets, they 17, 2009 and notify viewers through Two and Three broadcasters must, on at would have an opportunity to revoke their required PSAs, crawls and other least one day prior to June 12, 2009, air their early termination decision and consumer education broadcasts if they ‘‘an informational program on the continue to broadcast analog service are planning to end analog service digital television transition.’’ Many, if through June 12. Notice of this decision before 11:59:59 p.m. not most, of the affected broadcasters would have to be provided to the complied with this requirement when Commission and viewers, however, not B. Consumer Education Initiative Rules the transition was to take place on later than 5 days prior to the station’s 1. 100 Day Countdown February 17, and their informational scheduled termination date. programs necessarily reflected that date. 12. We believe that our proposals are 14. We also seek comment on whether For stations that have already consistent with the DTV Delay Act. we should revise the ‘‘100 day transitioned, we find that such a They retain stations’ flexibility to countdown’’ requirement that applies to program would have met the needs of choose a transition date prior to June 12 Option Two broadcasters. As originally their viewers. We seek comment, that works for them, while also taking conceived, and as revised in this 2nd however, concerning whether such a into consideration the needs and Report and Order, each Option Two pre-DTV Delay Act program should be readiness of viewers in their markets. broadcaster must air a daily reminder of considered sufficiently accurate and These proposals afford flexibility for the number of days until the conclusion helpful to viewers of stations that have stations consistent with consumer of the DTV transition, beginning 100 not yet transitioned, or if these stations readiness and assistance. We require days prior to the transition. A should be required to air an up-to-date that stations decide and select a final simultaneous nationwide countdown 30 minute informational program before transition date that will enable other was appropriate when we expected that they cease analog programming. interested parties to make their plans the vast majority of stations were 17. We also seek comment on what and preparations for the station’s planning to continue analog specific information would need to be transition. We expect that network programming until the conclusion of the included in such a program for it to affiliates and other stations serving the transition. Now that the transition has serve the consumer educational same viewing area will closely been delayed, however, many of the purposes of the DTV Delay Act. coordinate if they intend to terminate roughly 64% of stations that did not Specifically, we seek comment on analog service before June 12, 2009. We transition on or before February 17 may whether this up-to-date 30-minute seek comment specifically on the transition prior to or on June 12. Under informational video should explain: (1) benefits and hazards of allowing all or the circumstances, we recognize that The change in the transition date; (2) virtually all stations in a market to requiring an identical and simultaneous when that particular station is transition prior to June 12. We are countdown to June 12 by all Option transitioning; (3) when other stations in concerned that doing so would deprive Two stations, including those that have the market are transitioning; and/or (4) unprepared consumers of access to vital already transitioned, may create more any change in the coverage area of the local news, public affairs and confusion than it would alleviate. We station. emergency information. We also seek therefore seek comment on whether and comment from affected industry groups how to revise this requirement. 3. Service Loss Notices and, particularly, from consumers on 15. Should a station that will be 18. The Commission’s experience the relative benefits and harms of our transitioning before June 12 be required with stations that have already proposal. to count down to the date on which that terminated analog service, particularly 13. We also seek comment on whether station will terminate analog service? in those areas where an entire market stations should be allowed to terminate Should it provide a second countdown has transitioned, is that loss of a station analog service at any time on June 12, (simultaneous with the first?) that due to a change in the digital coverage 2009, or be required to continue demonstrates the distinction between area creates the greatest consumer broadcasting an analog signal until the station’s and the nation’s confusion and distress. This will be true 11:59:59 p.m. local time. As noted in the transitions? Should the requirement for stations that transition at any time, First Report and Order, 74 FR 7654 (Feb. vary depending on whether a station’s up to and including June 12. Indeed, it
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is true even before stations terminate experience loss. Stations may also point obligations, to the extent that they apply their analog service as more and more out to their viewers any areas in which after June 12, 2009? We seek comment viewers come to rely on digital service. their over-the-air service will improve on this proposal. Therefore, we seek comment on whether or expand. There may well be viewers C. Other Issues every station should be required to who currently rely on subscription provide specific notice to analog service who may be able to rely, instead, 24. Finally, we welcome comment on viewers who are likely to lose over-the- on free over-the-air broadcasting and any actions ‘‘necessary or appropriate to air service from the station due to thus realize one of the benefits of the implement the provisions, and carry out changes in the stations’ coverage area. DTV transition, particularly where the the purposes’’ of the DTV Delay Act that 19. Broadcasters electing Option One station offers multicast channels. have not been resolved by or addressed are already required to provide 21. We also propose to require all above. information to their viewers, at least stations to provide information to II. Procedural Matters once per week, about any ‘‘[c]hanges in consumers about the need to the geographic area or population periodically ‘‘rescan’’ when using over- A. Statutory Authority and Good Cause served by the station during or after the the-air digital reception equipment, Findings transition.’’ They must do so via their particularly through the end of the 25. For the reasons below, pursuant to regularly-aired PSAs. We propose to transition. We propose to further require section 4(c) of the DTV Delay Act, we require broadcasters who have elected stations that are changing their conclude that the rule changes and Options Two or Three to provide similar broadcast frequency from VHF to UHF other actions herein are not subject to information to their viewers via PSAs, if (or vice versa) to include as part of their the rulemaking requirements of the 2 percent or more of their analog required consumer education activities Administrative Procedure Act, viewers are predicted to lose service as notice about the need for additional or Congressional Review Act, Regulatory a result of a change in their geographic different equipment to avoid loss of Flexibility Act, or any other provision of coverage area (even if the station gains service. The implementation of Major law that otherwise would apply and viewers elsewhere). The Commission Channel Numbers as part of the Program would impede implementation of the has created a tentative list of stations System Information Protocol (PSIP) anticipated to lose 2 percent or more of makes it more difficult for consumers to statutory directives. In any event, we their analog viewers, which can be determine this information on their also conclude that there is good cause found on the FCC Web site at http:// own, because a station’s ‘‘channel’’ no for departure from such requirements www.fcc.gov/dtv/markets/report2.html. longer necessarily reflects its over the here. Nevertheless, we are providing For purposes of the notice requirement, air frequency. notice and an abbreviated opportunity we would not include those stations for public comment regarding the issues 4. Waiver of Post-Transition Consumer where the losses are due solely to addressed in Section IV above to allow Education Requirements propagation effects such as a change interested parties to contribute to our from a VHF to UHF channel. Stations 22. We propose to waive the post- consideration of these issues to the would be required to provide transition consumer education extent possible in the limited time that geographically specific information requirements for stations that Congress has provided. detailing areas that are covered by the participate in the statutory nightlight 26. Section 4 of the DTV Delay Act Grade B analog contour but are not program. The broadcasters in provides that, ‘‘[n]otwithstanding any predicted to receive digital service. We Wilmington, North Carolina, who other provision of law,’’ the would also require stations to provide volunteered to transition their market Commission must ‘‘adopt or revise its educational information describing on September 8, 2008, ceased analog rules, regulations, or orders or take such areas where analog signal strength is broadcasting on that date but other actions as may be necessary or generally sufficient for viewers to rely voluntarily participated in a appropriate to implement the on an indoor antenna but where it is ‘‘nightlight’’-type program for roughly provisions, and carry out the purposes, likely that they will need an outdoor one month afterward, displaying a of this Act and the amendments made antenna to receive the digital signal. ‘‘slate’’ describing the transition and by this Act’’ within 30 days of the date 20. We seek comment on how the explaining how people could obtain of its enactment. The ‘‘notwithstanding’’ information should be presented in a additional information about it. In clause plainly excuses compliance with manner that is both accurate and consideration of the fact that the entire otherwise applicable legal requirements understandable to viewers. Should we market was transitioning at once, and that would impede FCC actions to permit stations to convey the geographic upon the request of the broadcasters, the implement the DTV Delay Act by the specificity in different ways? For Commission found that the nightlight statutory deadline. In other contexts, the example, would PSAs referencing fulfilled the Wilmington stations’ DC Circuit has interpreted similar particular communities, ZIP codes, or consumer education obligations, and ‘‘notwithstanding’’ language ‘‘to neighborhoods be sufficient, or should waived the remainder of those supersede all other laws, stating that ‘a stations be required to show maps obligations for both the analog and clearer statement is difficult to demonstrating their changed service digital signals. imagine.’ ’’ The plain meaning of the area? Should service area information be 23. As discussed above, after the DTV Delay Act’s language is reinforced provided to viewers more frequently conclusion of the nationwide transition by the circumstances surrounding its than once per week? Alternatively, many stations will have the option to passage. Congress extended the should broadcasters be required or participate in the statutory nightlight imminent DTV transition deadline to permitted to provide information program created by Congress and enhance national preparedness for the directly to populations expected to lose implemented in our Analog Nightlight DTV transition, and examination of the service, via, for instance: direct mail to Order. Should we, as we did in legislative history reflects its recognition addresses in the affected area? We note Wilmington, consider participation in that accomplishing this goal would that radio broadcasts and local this program, or support of another require extraordinary and immediate newspapers are another means of station’s participation, sufficient to meet action by the Commission and others. targeting viewers who are likely to a station’s consumer education Thus, the Act requires the FCC to act
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not later than 30 days after the date of the requirements of the CRA, and a 30- collections are due on or before 5 days enactment, and grants it broad day delay before rules become effective after the date of publication in the discretion within that brief period to under the circumstances here. As Federal Register. In addition to filing take such actions ‘‘as may be necessary discussed above, the extraordinary comments with the Office of the or appropriate’’ to accomplish the Act’s circumstances surrounding the DTV Secretary, a copy of any comments on goals. For the reasons explained Delay Act create an urgent need for the proposed information collection elsewhere in this Order, we find that the rapid action. The statutory deadline for requirements contained herein should rule making and other actions herein are Commission action is no more than 30 be submitted to Cathy Williams, Federal necessary and appropriate to implement days from enactment. The DC Circuit Communications Commission, 445 12th the DTV Delay Act and carry out its has held that ‘‘the extremely limited St., SW., Room 1–C823, Washington, DC purposes. As discussed below, time given by Congress’’ to an agency 20554, or via the Internet to compliance with the APA and other for adoption of regulations ‘‘is a crucial [email protected]. procedural administrative law factor in establishing ‘good cause’ ’’ 31. Further Information. For requirements would frustrate or impede under the APA. We note that many of additional information concerning the the FCC’s ability to meet the statutory our actions are of an interim nature, in PRA proposed information collection deadline. Therefore, section 4(c) of the that they will no longer be in force after requirements contained in this NPRM, Act supersedes such legal requirements. June 13, 2009. Moreover, some of our contact Cathy Williams at 202–418– 27. Even if the statutory language actions, such as extending the terms of 2918, or via the Internet to were ambiguous, we would interpret it the licenses for the recovered spectrum [email protected]. to exempt the Commission from APA (including the license period and C. Filing Requirements and other procedural administrative law construction requirements associated requirements that cannot be reconciled with those licenses) for 116-day period, 32. Ex Parte Rules. This proceeding with the statutory mandate. As stated are non-discretionary or ministerial in will be treated as a ‘‘permit-but- above, the Act requires the FCC to nature. Accordingly, even if our actions disclose’’ proceeding subject to the implement its provisions and purposes were subject to the APA (and, as ‘‘permit-but-disclose’’ requirements within 30 days. The fact that many explained above, they are not), we find under Section 1.1206(b) of the Commission rules, regulations and that there is good cause for departure Commission’s rules. Ex parte orders are tied to the original statutory from APA requirements because the presentations are permissible if deadline of February 17, 2009, circumstances make compliance disclosed in accordance with combined with the Act’s enactment only impracticable or unnecessary. Commission rules, except during the a few business days before February 17, Nevertheless, as indicated above, we are Sunshine Agenda period when reduced the time frame for many of the providing notice and an abbreviated presentations, ex parte or otherwise, are necessary actions from one month to a opportunity for public comment generally prohibited. Persons making matter of days. Moreover, given the regarding the issues addressed in oral ex parte presentations are reminded number and complexity of rule making Section IV above to allow interested that a memorandum summarizing a and other actions required to implement parties to contribute to our presentation must contain a summary of the DTV Delay Act and accomplish its consideration of these issues to the the substance of the presentation and purposes, combined with the fact that extent possible in the limited time that not merely a listing of the subjects the Act itself postpones the nationwide we have. We find that the five-day discussed. More than a one- or two- DTV transition for a limited period, the comment period provided herein is the sentence description of the views and FCC cannot fulfill the statutory mandate maximum possible opportunity for arguments presented is generally and comply with otherwise applicable public comment that we can provide required. Additional rules pertaining to rule making and other legal and still fulfill our statutory mandate to oral and written presentations are set requirements. There is insufficient time take such actions as are necessary or forth in Section 1.1206(b). to publish a Notice of Proposed appropriate to implement the DTV 33. Comments. Pursuant to Sections Rulemaking in the Federal Register, Delay Act and accomplish its purposes 1.415 and 1.419 of the Commission’s allow time for meaningful comment and within 30 days of the Act’s enactment, rules, 47 CFR 1.415, 1.419, interested consider those comments before taking or no later than March 13, 2009. parties may file comments on or before all of the necessary legal actions. The the date indicated on the first page of APA also requires Federal Register B. Initial Paperwork Reduction Act of this document. Comments may be filed publication at least 30 days before a 1995 Analysis using the Commission’s Electronic rule’s effective date. Here, a standard 29. This NPRM was analyzed with Comment Filing System (‘‘ECFS’’) or by comment period after Federal Register respect to the Paperwork Reduction Act filing paper copies. See Electronic Filing publication and a 30-day waiting period of 1995 (PRA) and contains modified of Documents in Rulemaking before rules become effective would information collection requirements. Proceedings, 63 FR 24121 (1998). To exceed the 30-day period after Specifically, this NPRM proposes to request materials in accessible formats enactment during which agency modify existing DTV transition-related for people with disabilities (braille, implementation is required. Other legal information collection requirements to large print, electronic files, audio requirements cited above likewise (1) expand viewer notification and other format), send an e-mail to require more time than circumstances public interest obligations for early [email protected] or call the Consumer & allow. Therefore, even if the statute terminators of analog service; and (2) Governmental Affairs Bureau at 202– were ambiguous, we would interpret it amend consumer education 418–0530 (voice), 202–418–0432 (TTY). to supersede requirements that cannot requirements to provide more detailed We find that the five-day comment be harmonized with the statutory and accurate information to television period provided herein is the maximum mandate, including the APA, CRA, and viewers. The Commission is seeking possible opportunity for public RFA. OMB approval for these changes under comment that we can provide and still 28. We also find that there is good OMB’s emergency processing rules. fulfill our statutory mandate to take cause for departure from the APA 30. Written comments by the public such actions as are necessary or requirements of notice and comment, on the new and/or modified information appropriate to implement the DTV
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Delay Act and accomplish its purposes Postal Service mail). The Commission’s the FCC Reference Center may contact within 30 days of the Act’s enactment; contractor, Natek, Inc., will receive Bill Cline at (202) 418–0267 (voice), therefore, we find good cause to waive hand-delivered or messenger-delivered (202) 418–7365 (TTY), or the requirement for Reply Comments paper filings for the Commission’s [email protected]. These documents also established in our rules. Secretary at 236 Massachusetts Avenue, will be available from the Commission’s 34. Comments filed through ECFS can NE., Suite 110, Washington, DC 20002. Electronic Comment Filing System. be sent as an electronic file via the The filing hours at this location are 8 Documents are available electronically Internet to http://www.fcc.gov/e-file/ a.m. to 7 p.m. All hand deliveries must in ASCII, Word 97, and Adobe Acrobat. ecfs.html. Generally, only one copy of be held together with rubber bands or Copies of filings in this proceeding may an electronic submission must be filed. fasteners. Any envelopes must be be obtained from Best Copy and In completing the transmittal screen, disposed of before entering the building. Printing, Inc., Portals II, 445 12th Street, commenters should include their full Commercial overnight mail (other than SW., Room CY–B402, Washington, DC name, U.S. Postal mailing address, and U.S. Postal Service Express Mail and 20554; they can also be reached by the applicable docket number. Parties Priority Mail) must be sent to 9300 East telephone, at (202) 488–5300 or (800) may also submit an electronic comment Hampton Drive, Capitol Heights, MD by Internet e-mail. To get filing 20743. U.S. Postal Service first-class 378–3160; by e-mail at instructions for e-mail comments, mail, Express Mail, and Priority Mail, [email protected]; or via their Web site commenters should send an e-mail to should be addressed to 445 12th Street, at http://www.bcpiweb.com. To request [email protected], and should include the SW., Washington, DC 20554. All filings materials in accessible formats for following words in the body of the must be addressed to the Commission’s people with disabilities (braille, large message: ‘‘get form
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Notices Federal Register Vol. 74, No. 38
Friday, February 27, 2009
This section of the FEDERAL REGISTER expected in March 2010 and the final approved for Kirkwood Meadows as contains documents other than rules or EIS/EIR is expected in October 2010. described in the Kirkwood Meadows proposed rules that are applicable to the ADDRESSES: Send written comments to Specific Plan and the on mountain public. Notices of hearings and investigations, 100 Forth Road, Placerville, CA 95667. improvements described in the committee meetings, agency decisions and Kirkwood Mountain Resort Mountain rulings, delegations of authority, filing of Comments may also be sent via e-mail petitions and applications and agency to comments-pacificsouthwest- Master Development Plan. statements of organization and functions are [email protected], or via facsimile to The existing diesel generation system examples of documents appearing in this (530) 621–5297. within Kirkwood Meadows is subject to section. FOR FURTHER INFORMATION CONTACT: the air quality permitting authority of Copies of the proposed action and other the Great Basin Unified Air Pollution information concerning this proposed Control District (GBUAPCD), and meets DEPARTMENT OF AGRICULTURE action may be found on the project Web the criteria set forth in the permits site at http://www.fs.fed.us/r5/eldorado/ issued by the GBUAPCD. Nonetheless, Forest Service projects/. Copies of the proposed action the proposed project would reduce the emissions of diesel particulates in or requests for further information may Eldorado National Forest, CA; Kirkwood Meadows valley, as the be addressed to Sue Rodman, 100 Forth Kirkwood Meadows Power Line existing diesel generation system would Road, Placerville CA 95667. Project Reliability Project EIS/EIR retire from primary generation to information can also be requested by backup generation only as a result of the leaving a voice message at (530) 621– AGENCY: Forest Service, USDA. proposed project. 5298. ACTION: Notice of intent to prepare a Since the existing generation system Individuals who use joint environmental impact statement/ is relatively small and relies on diesel telecommunication devices for the deaf report. fuel, the price of electrical power within (TDD) may call the Federal Information the KMPUID service area is heavily Relay Service (FIRS) at 1–800–877–8339 SUMMARY: Notice is hereby given that dependent on the price of diesel. The the USDA Forest Service, Eldorado between 8 a.m. and 8 p.m., Eastern recent fluctuations in the price of diesel National Forest (Forest Service), Time, Monday through Friday. caused power prices within the KMPUD together with the Kirkwood Meadows SUPPLEMENTARY INFORMATION: service area to spike dramatically. The Public Utility District (KMPUD), will Purpose and Need for Action proposed project would allow KMPUD prepare a joint Environmental Impact to access the California electrical grid, The purpose of the proposed project Statement/Environmental Impact Report and enter into long term, stable is to replace the use of diesel-fired (EIS/EIR) to disclose the impacts contracts for power supply. generators within Kirkwood Meadows associated with authorizing a 50-year The 2001 National Energy Policy as the primary supply of power for term Special Use Permit for the goals are to increase domestic energy current and future needs within the construction, use and maintenance of a supplies, modernize and improve our KMPUD service area. Additionally, the Kirkwood Meadows Public Utility nation’s energy infrastructure, and proposed project would increase the District power line connecting the improve the reliability of the delivery of reliability of the power supply for the electrical grid near Salt Springs with the energy from its sources to points of use. KMPUD service area; remove a source of community of Kirkwood Meadows, Executive Order 13212 encourages particulates, noise and emissions from located in Amador, Alpine and El increased production and transmission the Kirkwood Meadows valley, provide Dorado Counties, California. of energy in a safe and environmentally access to cost effective renewable sound manner. According to Executive The new power line would sources of power for the Kirkwood potentially be located along Highway 88 Order 13212, for energy related projects, Meadows valley, and help stabilize rates agencies shall expedite their review of and within the Eldorado National within the KMPUD service area. The Forest. The power line would connect permits or take other actions as following needs for this proposed action necessary to accelerate the completion with an existing 115 kV transmission have been identified as follows: line near the PG&E hydroelectric facility of such projects. The agencies shall take Due to its remote location, high such actions to the extent permitted by at Salt Springs Reservoir. The proposed altitude, and challenging load pattern project also includes two substations to law and regulations, and where (peak loads may occur during periods of appropriate. be built, one near the Salt Springs heavy snowfall), providing electrical hydroelectric facility and the other on power using diesel fired generation is Proposed Action KMPUD property within the Kirkwood challenging. The quality and reliability The proposed project would involve Meadows valley, as well as ancillary of the power supply is low as compared authorizing a 50-year term Special Use improvements on National Forest to typical grid-supplied electricity Permit for the construction, use and System lands needed to maintain this elsewhere in California due to a maintenance of a Kirkwood Meadows system (e.g., poles, roads, combination of factors. An Public Utility District power line communication equipment). interconnection between the KMPIJD connecting Kirkwood Meadows (in DATES: The comment period on the service area and the California electrical Alpine, Amador and El Dorado proposed action will extend 45 days grid would provide a more robust and Counties) to an existing 115 kV from the date this Notice of Intent is reliable source of supply. The proposed transmission line owned by Pacific Gas published in the Federal Register. project would also be able to & Electric Company (PG&E) near the Completion of the draft EIS/EIR is accommodate buildout currently PG&E hydroelectric facility at Salt
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Springs Reservoir, in Amador County. above (see FOR FURTHER CONTACT have determined a joint EIS/EIR is The proposed project also includes two INFORMATION). needed to efficiently analyze the substations to be built, one within the proposed action and evaluate its Background KMPUD service area and the other near impacts. Pursuant to CEQA, a Notice of the PG&E Salt Springs hydroelectric The Kirkwood Meadows power Preparation of Joint EIS/EIR has also facility, as well as ancillary system currently uses a set of diesel been prepared. improvements on National Forest generators with a maximum permitted Possible Alternatives System lands needed to maintain this capacity of 5.34 MW and a peak load of system (e.g., poles, roads, approximately 4 MW to power the ski The Forest Service will identify communication equipment). resort, residences, and other businesses alternatives to the proposed action that The proposed project would involve of Kirkwood Meadows. Since the address significant issues brought lands managed by the Eldorado National approval of the first Kirkwood Master forward by the public during the Forest in portions of Sections within Plan in 1974, the ski resort has grown scoping process. Possible alternatives Township 8 North, Range 15 East; and now has power demands could include: alternate alignments for Township 8 North, Range 16 East; approaching the capacity of the existing the proposed power line, as well as Township 9 North, Range 16 East; diesel power plant. The Kirkwood construction alternatives to locate all or Township 9 North, Range 17 East; and Specific Plan completed in 2003 and the portions of the proposed power line Township 10 North, Range 17 East, Mt. Mountain Master Plan completed in underground, or an alternative for the Diablo Base and Meridian. 2007 approved continued expansion of types and number of poles and voltage The proposed project alignment is the resort and related recreational that would be used. referred to as the Carson Spur opportunities which will in turn require In addition, KMPUD has identified Alignment. The proposed project more electrical capacity. two preliminary alternatives for alignment commences near PG&E’s Salt Electrical energy can be unreliable in analysis: the Silver Lake alignment and Springs powerhouse, crosses the ridge the Kirkwood Meadows service area, the Long Valley alignment. due to a combination of challenges to Bear River Reservoir, travels up to the The Silver Lake Alignment follows related to generation and delivery of State Highway 88 and Old Alpine much of the Carson Spur Alignment energy at high altitude and difficult Highway route and generally follows until it reaches the north end of Silver winter conditions. Weather and those alignments to Kirkwood Lake. The Silver Lake Alignment would equipment-related outages and low Meadows. The proposed project will be depart from the proposed action constructed in the various alignment power quality occur in the Kirkwood Meadows area despite high rates and alignment from Hwy 88 just north of segments described below, utilizing Silver Lake, travel northeast of the lake underground or above ground continuous investment in the system. One method of achieving a more to the top of Chair 6 at Kirkwood installation methods, as required. Meadows, and follow the Chair 6 Segments PGE 1: Salt Springs reliable, higher capacity electricity source is to connect the Kirkwood alignment into Kirkwood Meadows substation along Salt Springs Valley. The Silver Lake Alignment penstock—1.2 miles utilizing an community to the public electrical grid. Several discussions regarding line includes Segments PGE 1, PGE 2, BRR overbuild of the existing PG&E 12 kV 1, OAR 1, OAH 2, NR 1, NR 2, NR 3. pole line. extensions and interconnection have occurred with both PG&E (in California) Segments PGE 1, PGE 2, OAH 1, OAR Segment PGE 2: Cole Creek to Bear 2—These segments are described in the River Reservoir via PG&E 12 kV and Sierra Pacific Power (SPP, in Nevada and California) since 1996 and Carson Spur Alignment above. distribution line—1.9 Miles utilizing an Segment NR 1 & NR 2: Around overbuild of the existing PG&E 12 kV a resolution was not reached. Energy demand is expected to exceed capacity northeast end of Silver Lake, and from pole line. Silver Lake to top of Chair 6—2.9 miles. Segment BRR 1: Bear River Reservoir within the next few years, therefore, Segment NR 3: Top of Chair 6 down to Hwy 88—3.6 miles (from the south KMIPTJD has taken on responsibility for a ski slope to KMPT.JD system—1.3 side of Bear River Reservoir, across the pursuing a connection to the grid. The miles. Bear River Reservoir dam to Highway new power line is expected to meet the The Long Valley Alignment would be 88). following needs: increase the reliability Segment OAH 1: 13.1 miles generally of the power supply for the KMPUD an overhead alignment along Long parallel to Hwy 88 on the Old Alpine service area, reduce particulates, noise Valley, at 115 kV. The Long Valley Highway alignment where possible. and emissions from the diesel Alignment commences near PG&E’s Salt Segment OAH 2: 2.1 miles generally generation in Kirkwood Meadows Springs powerhouse, follows the PG&E parallel to Highway 88 from Tragedy valley, provide access to cost effective penstock north, then swings northeast Springs past Silver Lake. renewable sources of energy from the and generally parallels Cole Creek Road. Segment CS 1: Oyster Springs to top California electrical grid, and stabilize The alignment then heads generally of Carson Spur, generally parallel to rates within the KMPUD service area. northeast through Long Valley to just Hwy 88 on Old Alpine Hwy—2.8 miles. The Forest Service is the lead Federal south of Kirkwood Meadows, then Segment CS 2: Carson Spur in Hwy agency for the preparation of a joint EIS/ swings north to Kirkwood Meadows 88—0.9 Miles. EIR in compliance with the National valley. The Long Valley Alignment Segment CS 3: Departs Hwy 88 East Environmental Policy Act (NEPA) and would be considered a corridor; and a of the Carson Spur to KMPUD facilities all other applicable laws, executive precise alignment location would be 0.9 miles. orders, regulations, and direction. surveyed in the future. The Long Valley A map of the proposed project KMPUD is the lead State of California Alignment includes Segments PGE 1 alignment is available at http:// agency for the preparation of a joint EIS/ and LV 1, LV 2, LV 3. www.fs.fed.us/r5/eldorado/projects/, EIR in compliance with the California Segment PGE 1: Salt Springs will be available for view at the Scoping Environmental Quality Act (CEQA), substation along Salt Springs Meetings listed below (see Scoping California Public Resource Code penstock—1.2 miles. Segment LV 1, LV Process), or may be requested from the Division 13, and all other applicable 2, LV 3: LV 1 is top of Salt Springs Forest Service at the addresses listed laws and regulations. Both agencies penstock to Squaw Ridge, LV 2 is
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Squaw Ridge to Allen Ranch, and LV 3 Responsible Official identify major issues to be analyzed in is Allen Ranch to Kirkwood. The Forest Service responsible official depth and assistance in identifying In addition to the alignment for the preparation of the EIS/EIR is the potential alternatives to be evaluated. It alternatives, various construction Forest Supervisor of the Eldorado is important that interested parties technologies will be evaluated for National Forest, Ramiro Villalvazo. provide their comments at such times and in such manner that they are useful applicability on all alignments. Nature of Decision To Be Made to the lead agencies’ preparation of the Construction technologies include: EIS/EIR. Therefore, comments should be Æ The Forest Supervisor of the Eldorado Underground Construction: National Forest will decide whether or provided prior to the close of the Underground construction would utilize not to authorize a 50-year term Special scoping period and should clearly direct burial or a conduit and vault Use Permit for the construction, use and articulate the interested party’s concerns system. Underground construction maintenance of a Kirkwood Meadows and contentions to the Addresses stated would require a nominal trench Public Utility District power line along above. Interested parties are also given ″ ″ excavation of 18 W x 66 D, the proposed alignment, to make such the opportunity to provide comments at constructed within a cleared authorization based upon an alternative the Scoping Meetings on the dates/ construction corridor of 30 to 40 feet in alignment, or decide to take no action, times/locations scheduled below. This width. For direct burial, the power based upon the findings of the Final input will be used in preparation of the cables must be bedded in select backfill EIS/EIR. The Forest Supervisor of the draft EIS/EIR. material 6 inches below and 12 inches Eldorado National Forest will only make Information about the environmental above the cable. Trench sections of up a decision regarding impacts on review process will be posted on the to 3000 feet in length will be opened for National Forest System lands. Once the Internet at: http://www.fs.fed.us/r5/ installation of the cable. Power line decision is made, a record of decision/ eldorado/projects/. This site will be sections crossing under roads, narrow notice of decision to disclose the used to post all public documents waterways and other special crossings rationale for the decision will be during the environmental review will be installed using directional published. process and to announce upcoming boring techniques in rigid conduit on an public meetings. Permits or Licenses Required as needed basis. An above ground The Forest Service and KMPUD will switching cabinet will be required Depending on the final alignment and hold two scoping meetings to provide approximately every mile along the configuration of the project, other information about the proposed action underground power line route. The necessary permits for the project may to the public, and to allow people to cabinet and supporting concrete pad include, but are not limited to, an comment on the proposed action and will be approximately 8 feet square and encroachment permit from Caltrans in possible alternatives. The scoping about 4 feet high. For a conduit and order to construct the line within the meetings will be held on the following vault system, the trench requirements right-of-way of State Highway 88 and dates, locations and times: will be the same as the direct burial Overload Permits; encroachment 1. April 7, 2009, 6 p.m. to 8 p.m., sections except that the trench can be permits from Amador, Alpine and El Jackson Civic Center, 33 Broadway, Jackson, CA 95642. backfilled immediately after installing Dorado Counties required to cross 2. April 8, 2009, 10 a.m. to 12 p.m., the conduit and the cable installed at a county rights-of-way; other local agency permits as may be required; air KMPUD office, 33540 Loop Road, later date. The cable is then pulled in Kirkwood, CA 95646. the conduit from one vault to the next. pollution permits from Amador County Air Pollution Control District The scoping period on the proposed Depending on the terrain profile and (ACAPCD), El Dorado Air Quality action and possible alternatives will lateral changes in direction, pull and Management District (EDAQMD), and extend from 45 days from the date that splice vaults are generally spaced about Great Basin Unified Air Pollution this NOT is published in the Federal 500–800 feet apart. Control District (GBUAPCD); National Register. Æ Overhead Lines: Overhead lines Pollution Discharge Elimination System Early Notice of Importance of Public would be constructed in cleared (NPDES), General Construction permit Participation in Subsequent corridors of 40 to 80 feet, depending on issued by California’s Regional Water Environmental Review line voltage, terrain, snow depth and Quality Control Board; Section 404 configuration of the pole structures. permit from the U.S. Army Corps of The draft EIS/EIR is expected to be Weathering brown metal poles and low Engineers in the event of construction filed with the Environmental Protection reflectivity conductors will be utilized within jurisdictional waters (e.g., Agency (EPA) and to be available for wherever possible to better fit in with navigable waters or wetlands); Section public review in March 2010. The EPA the surrounding forest. 1601 Streambed Alteration permit from will publish a notice of availability of the California Department of Fish and the draft EIS/EIR in the Federal Construction and maintenance may Register. The comment period on the utilize helicopter techniques. Game for construction within the bed or banks of any streams or creeks; draft EIS/EIR will extend 45 days from Lead and Cooperating Agencies California Department of Toxic the date the EPA notice appears in the Substance Control, EPA Hazardous Federal Register. At that time, copies of The Forest Service and the KMPUD Waste Generator Identification; State the draft EIS/EIR will be distributed to will be joint lead agencies in accordance Historical Perservation Officer (SHPO) interested and affected agencies, with 40 CFR 1501.5(b), and are Section 106 Compliance. organizations, and members of the responsible for the preparation of the public for their review and comment. It EIS/EIR. The Forest Service will serve as Scoping Process is very important that those interested the lead agency under NEPA. The This notice of intent initiates the participate at that time. The final EIS/ KMPUD will serve as the lead agency scoping process, which guides the EIR is expected to be completed by under CEQA. Scoping will determine if development of the EIS/EIR. The Forest October 2010. In the final EIS/EIR, the additional cooperating agencies are Service is seeking public and agency Forest Service and KMPUD are required needed. comment on the proposed project to to respond to comments received during
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the comment period that pertain to the expected in May 2009 and the final SEIS on the application of design criteria to environmental consequences discussed is expected in September 2009. reserved and outstanding oil and gas in the draft EIS/EIR and applicable laws, ADDRESSES: Send written comments to development, and changes in Section regulations, and policies considered in Lois DeMarco, Allegheny National 2800 of the 2007 Forest Plan. In the making the decision. Forest, 4 Farm Colony Dr., Warren, PA interim, standards and guidelines from It is important that reviewers provide 16365. Comments may also be sent via the previous Forest Plan (1986) are their comments at such times and in e-mail to comments-eastern- applied to reserved and outstanding oil such a way that they are useful to the [email protected], or via facsimile to and gas development. Agency’s preparation of the ETS. 814–726–1465. Comments sent via e- In the appeal decision, the Chief also Therefore, comments should be mail should use the subject line instructed the Regional Forester to provided prior to the close of the ‘‘Reserved and Outstanding Oil and Gas clarify the Allegheny National Forest’s comment period and should clearly Design Criteria SEIS.’’ authority to manage oil and gas articulate the reviewer’s concerns and Comments received in response to activities, and to more fully document contentions. The submission of timely this solicitation, including names and the cumulative effects of oil and gas and specific comments can affect a addresses of those who comment, will development on air quality. reviewer’s ability to participate in become part of the public record for this The Forest Service continues to subsequent administrative review or proposed action. Comments submitted believe that the final 2007 Forest Plan judicial review. anonymously will be accepted and better protects, enhances and restores Comments received in response to considered; however, anonymous ecosystems than the 1986 Forest Plan, this solicitation, including names and comments may limit the respondent’s and proposes to apply the design addresses of those who comment, will ability to participate in subsequent criteria described on pages 53 through be part of the public record for this administrative review or judicial 168 of the 2007 Forest Plan. proposed action. Comments submitted review. Purpose and Need for Action anonymously will be accepted and FOR FURTHER INFORMATION CONTACT: Lois considered; however, anonymous The Chief’s decision on appeals of the DeMarco, Allegheny National Forest, 4 comments will not provide the 2007 Forest Plan creates the following Farm Colony Dr., Warren, PA 16365; respondent with standing to participate needs to take action at this time: 814–728–6179 or [email protected]. 1. There is a need to provide public in subsequent administrative review or Individuals who use judicial review. notice and an opportunity for comment telecommunication devices for the deaf on application of the design criteria Dated: February 20, 2009. (TDD) may call the Federal Information defined on pages 53 through 168 of the Ramiro Villalvazo, Relay Service (FIRS) at 1–800–877–8339 2007 Forest Plan to reserved and Forest Supervisor. between 8 a.m. and 8 p.m., Eastern outstanding oil and gas development. [FR Doc. E9–4119 Filed 2–26–09; 8:45 am] Time, Monday through Friday. 2. There is a need to better describe BILLING CODE 3410–11–M SUPPLEMENTARY INFORMATION: The the Allegheny National Forest’s legal Allegheny National Forest consists authority to determine the reasonable largely of land acquired from the private use of surface resources when reserved DEPARTMENT OF AGRICULTURE sector via purchase or donation. At the and outstanding oil and gas rights are time of acquisition, ownership of oil exercised, and to incorporate clear Forest Service and gas resources had often been language that defines the roles and Allegheny National Forest, PA; conveyed to other private parties responsibilities of the Forest Service, Reserved and Outstanding Oil and Gas (‘‘outstanding rights’’), or reserved by Commonwealth of Pennsylvania and Design Criteria the private seller or donor (‘‘reserved private mineral owners in the SEIS, rights’’). As a result, ninety-three 2007 Forest Plan and Record of AGENCY: Forest Service, USDA. percent of the Forest is subject to Decision. There is also a need to ACTION: Notice of intent to prepare a outstanding or reserved oil and gas distinguish between reserved an supplemental environmental impact rights. outstanding rights and how the statement. When the Forest Plan was revised in management of these distinct mineral 2007, concerns about the environmental estates may vary depending upon SUMMARY: The Allegheny National effects of reserved and outstanding oil language in individual deeds or the Forest proposes to apply design criteria and gas development resulted in Secretary of Agriculture’s rules and included in the Allegheny National revision of the design criteria (also regulations. Forest Land and Resource Management called standards and guidelines) applied 3. There is a need to evaluate and Plan (Forest Plan), issued in March 2007 to such oil and gas development. The disclose potential cumulative effects to reserved and outstanding oil and gas draft Forest Plan included specific from emissions of methane, hydrogen development on the Forest. The 2007 design criteria applicable to reserved sulfide, and emissions from vehicles Forest Plan proposed design criteria are and outstanding oil and gas and equipment used in oil and gas identified on pages 53 through 168. This development. The final Forest Plan development on Allegheny National proposal responds to instructions in the substantially modified these design Forest and regional air quality. February 15, 2008 decision by the Chief criteria, and for the first time, explicitly of the Forest Service on appeals of the applied all design criteria to reserved Proposed Action Allegheny National Forest Revised Land and outstanding oil and gas In response to the Chief’s three and Resource Management Plan. A development. instructions, the Regional Forester for Supplement to the Forest Plan The 2007 Forest Plan was the Forest Service Eastern Region Environmental Impact Statement (SEIS) administratively appealed, with the proposes to: will be prepared for this proposal. result that the Chief of the Forest 1. Apply the design criteria found on DATES: Comments concerning the Service directed the Regional Forester pages 53 through 168 of the 2007 Forest proposed action must be received by for the Forest Service Eastern Region to Plan to reserved and outstanding oil and March 26, 2009. The draft SEIS is provide for public notice and comment gas development;
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2. Clarify the roles and responsibilies Permits or Licenses Required DATES: Thursday, March 12, 2009; held by the Forest Service, the Thursday, April 9, 2009; Wednesday Commonwealth of Pennsylvania, and The Forest Service is not required to and Thursday, May 27 and 28, 2009. private mineral owners in regard to the obtain any permits or licenses in order to implement this proposal. ADDRESSES: The meeting will be held at protection of surface resources during the USDA Service Center, 3644 Avtech the development of reserved and Scoping Process Parkway, Redding, California 96002. outstanding oil and gas, by replacing applicable sections in the Record of This Notice of Intent initiates the FOR FURTHER INFORMATION CONTACT: Decision, the 2007 Forest Plan, the Final scoping process, which guides the Resource Advisory Committee Environmental Impact Statement, and development of the SEIS. Other Coordinator John Heibel at (530) 226– Appendix F; and information used in determining the 2524 or [email protected]. scope of actions, alternatives and effects 3. Supplement the Air Resources— SUPPLEMENTARY INFORMATION: The to be analyzed includes the public meeting is open to the public. Public Section 3.2.4 in the Final Environmental involvement process for the 2007 Forest Impact Statement (pp. 3–52 to 3–63) to input sessions will be provided and Plan, appeal resolution processes individuals will have the opportunity to fully evaluate the potential cumulative related to the 2007 Forest Plan, and the effects from emissions of methane, address the Shasta County Resource decision of the Chief of the Forest Advisory Committee. hydrogen sulfide, and emissions from Service on the appeals of the 2007 vehicles and equipment used in oil and Forest Plan. Dated: February 17, 2009. gas development on air quality in the Comments received on this notice J. Sharon Heywood, Allegheny National Forest and will be used to identify design criteria Forest Supervisor, Shasta-Trinity National surrounding region. for surface management that are Forest. Possible Alternatives effective and appropriate. Comments [FR Doc. E9–4117 Filed 2–26–09; 8:45 am] that point to disagreements over the BILLING CODE 3410–11–M No specific alternatives have been environmental effects of the proposed identified; however, alternative design action will be used to further develop criteria may be appropriate. Continued issues that will be analyzed in the SEIS. DEPARTMENT OF AGRICULTURE application of the 1986 Forest Plan It is important that reviewers provide standards and guidelines for reserved Forest Service their comments at such times and in and outstanding oil and gas such manner that they are useful to the development will serve as the no action Siskiyou Resource Advisory agency’s preparation of the SEIS. alternative. The alternative of denying Committee (RAC) Therefore, comments should be reasonable and necessary access to provided prior to the close of the AGENCY: Forest Service, USDA. reserved and outstanding minerals will comment period and should clearly not be considered in detail, as the Forest ACTION: Notice of meeting. articulate the reviewer’s concerns and Service lacks the legal authority to do so contentions. The submission of timely SUMMARY: without engaging in a taking of private The Siskiyou Resource and specific comments may affect a property. Advisory Committee will meet on reviewer’s ability to participate in Thursday, March 5, 2009 to recommend Lead and Cooperating Agencies subsequent administrative review or Title II projects for fiscal year 2009 judicial review. under the Secure Rural Schools and The lead agency for this proposal is Community Self Determination Act of the USDA-Forest Service. The U.S. Fish Dated: February 17, 2009. Leanne M. Marten, 2000. The meeting will be held at the and Wildlife Service and Bureau of Grants Pass Interagency Office, 2164 NE. Forest Supervisor. Land Management will be invited to Spalding Avenue, Grants Pass, Oregon, become cooperating agencies for this [FR Doc. E9–3862 Filed 2–23–09; 8:45 am] It begins at 9:30 a.m., ends at 4:30 p.m.; proposal. BILLING CODE 3410–11–P the open public comments begin at 11 Responsible Official a.m. and ends at 11:30 a.m. Written DEPARTMENT OF AGRICULTURE comments may be submitted prior to the The official responsible for the meeting and delivered to Designated decision is the Regional Forester for the Forest Service Federal Official, Scott Conroy at the Eastern Region of the Forest Service. Rogue River-Siskiyou National Forest, Nature of Decision To Be Made Shasta County Resource Advisory 3040 Biddle Road, Medford, Oregon Committee 97504. The decision to be made by the FOR FURTHER INFORMATION CONTACT: Regional Forester concerns the AGENCY: Forest Service, USDA. Rogue River-Siskiyou National Forest application of design criteria to the ACTION: Notice of meeting. exercise of reserved and outstanding Public Affairs Officer Patty Burel at telephone: (541) 618–2113, or cell minerals rights, to ensure reasonable SUMMARY: The Shasta County Resource and necessary access while adequately phone (541) 941–4268, e-mail: Advisory Committee (RAC) will meet at [email protected], or USDA Forest protecting, enhancing and restoring the USDA Service Center in Redding, ecosystems. Service, 3040 Biddle Road, Medford, California, on March 12, 2009 from 8:30 OR, 97504. Preliminary Issues a.m. to 12 noon; April 9, 2009 from 8:30 a.m. to 12 noon; May 27 and 28, 2009 Dated: February 19, 2009. Issues are expected to include from 8:30 a.m. to 4:30 p.m. The purpose Scott Conroy, concerns related to the ability of various of these meetings is to discuss proposed Forest Supervisor, Rogue River-Siskiyou design criteria to protect surface projects under Title II of the Secure National Forest. resources including water, air, and Rural Schools and Community Self- [FR Doc. E9–4013 Filed 2–26–09; 8:45 am] wildlife. Determination Act of 2008. BILLING CODE 3410–11–M
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COMMITTEE FOR PURCHASE FROM Products Moved from C-List to B-List: 1. The action will not result in any PEOPLE WHO ARE BLIND OR None. additional reporting, recordkeeping or SEVERELY DISABLED The complete A-list is available at other compliance requirements for small http://www.jwod.gov/jwod/p_and_s/ entities other than the small Clarification of Scope of Procurement alist2007.htm. organizations that will furnish the List Additions; 2009 Commodities Barry S. Lineback, services to the Government. Procurement List; Quarterly Update of 2. The action will result in Director, Program Operations. the A-List and Movement of Products authorizing small entities to furnish the Between the A-List, B-List and C-List [FR Doc. E9–4240 Filed 2–26–09; 8:45 am] services to the Government. BILLING CODE 6353–01–P 3. There are no known regulatory AGENCY: Committee for Purchase From alternatives which would accomplish People Who Are Blind or Severely the objectives of the Javits-Wagner- COMMITTEE FOR PURCHASE FROM Disabled. O’Day Act (41 U.S.C. 46–48c) in PEOPLE WHO ARE BLIND OR ACTION: Publication of the quarterly connection with the services proposed SEVERELY DISABLED update of the A-list and movement of for addition to the Procurement List. products between the A-list, B-list and C-list as of April 1, 2009. Procurement List Additions and End of Certification Deletions Accordingly, the following services SUMMARY: The Committee for Purchase AGENCY: are added to the Procurement List: From People Who Are Blind or Severely Committee for Purchase From People Who Are Blind or Severely Disabled, in accordance with the Services Disabled. procedures published on December 1, Service Type/Location: Grounds 2006 (71 FR 69535–69538), has updated ACTION: Additions to and Deletions from Maintenance, MCLB, Albany, GA, the scope of the Program’s procurement Procurement List. Marine Corps Logistics Base, Albany, GA. preference requirements for the SUMMARY: This action adds to the NPA: Power Works Industries, Inc., products listed below between and Procurement List services to be among the Committee’s A-list, B-list and Columbus, GA. furnished by nonprofit agencies Contracting Activity: DEPT OF THE NAVY, C-list. A-list products are suitable for employing persons who are blind or COMMANDER, Albany, GA. the Total Government Requirement as have other severe disabilities, and Service Type/Location: Operation of Postal aggregated by the General Services deletes from the Procurement List Service Center, Fort Riley, 802 Marshall Administration, the B-list are those products previously furnished by such Loop, Fort Riley, KS. products suitable for the Broad agencies. NPA: Skookum Educational Programs, Government Requirement as aggregated Effective Date: March 30, 2009. Bremerton, WA. Contracting Activity: DEPT OF THE ARMY, by the General Services Administration, ADDRESSES: Committee for Purchase XR W6BA ACA FT RILEY. and C-list products are suitable for the From People Who Are Blind or Severely requirements of one or more specified Disabled, Jefferson Plaza 2, Suite 10800, Deletions agency(ies). The lists below track 1421 Jefferson Davis Highway, On 11/21/2008 and 12/19/2008, the changes to A-, B-, C-designations that Arlington, Virginia, 22202–3259. Committee for Purchase From People occurred between November 20, 2008 FOR FURTHER INFORMATION CONTACT: Who Are Blind or Severely Disabled and February 10, 2009. Barry S. Lineback, Telephone: (703) published notice (FR Vol. 73, No. 226 DATES: The effective date for the 603–7740, Fax: (703) 603–0655, or e- and FR Vol. 73, No. 245) of proposed quarterly update of the A-list and mail [email protected]. deletions from the Procurement List. movement of products between and SUPPLEMENTARY INFORMATION: After consideration of the relevant among the A-list, B-list and C-list is matter presented, the Committee has April 1, 2009. Additions determined that the products listed ADDRESSES: Committee for Purchase On 12/19/2008 and 1/05/2009, the below are no longer suitable for From People Who Are Blind or Severely Committee for Purchase From People procurement by the Federal Government Disabled, Jefferson Plaza 2, Suite 10800, Who Are Blind or Severely Disabled under 41 U.S.C. 46–48c and 41 CFR 51– 1421 Jefferson Davis Highway, published notices (FR Vol. 73, No. 245 2.4. Arlington, Virginia 22202–3259 and FR Vol. 74 No. 2) of proposed FOR FURTHER INFORMATION CONTACT: additions to the Procurement List. Regulatory Flexibility Act Certification Barry S. Lineback, Telephone: (703) After consideration of the material I certify that the following action will 603–7740, Fax: (703) 603–0655, or e- presented to it concerning capability of not have a significant impact on a mail [email protected]. qualified nonprofit agencies to provide substantial number of small entities. Products Moved from B-List to A-List: the product(s) and/or service(s) and The major factors considered for this impact of the additions on the current certification were: Air Freshener Deodorant, General Purpose, 6840–00–721–6055. or most recent contractors, the 1. The action will not result in Box, Storage, File, 8115–01–455–4036. Committee has determined that the additional reporting, recordkeeping or Inkjet Cartridge in Epson Printers 740/ product(s) and/or service(s) listed below other compliance requirements for small 740i/760/860/1160/SCAN 2, 7510–01–544– are suitable for procurement by the entities. 0826. Federal Government under 41 U.S.C. 2. The action may result in Dining Set, 3 pc, 7360–01–564–3560. 46–48c and 41 CFR 51–2.4. authorizing small entities to furnish the Products Moved from C-List to A-List: products to the Government. None. Regulatory Flexibility Act Certification 3. There are no known regulatory Products Moved from A-List to B-List: I certify that the following action will alternatives which would accomplish None. Products Moved from A-List to C-List: not have a significant impact on a the objectives of the Javits-Wagner- None. substantial number of small entities. O’Day Act (41 U.S.C. 46–48c) in Products Moved from B-List to C-List: The major factors considered for this connection with the products deleted None. certification were: from the Procurement List.
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End of Certification COMMITTEE FOR PURCHASE FROM connection with the products proposed PEOPLE WHO ARE BLIND OR for addition to the Procurement List. Products: SEVERELY DISABLED Comments on this certification are NSN: 6840–00–935–9813—Disinfectant- invited. Commenters should identify the Detergent, General Purpose. Procurement List; Proposed Additions statement(s) underlying the certification NSN: 6840–00–926–1686—Disinfectant- and Deletions on which they are providing additional Detergent, General Purpose. AGENCY: Committee for Purchase From information. NPA: Lighthouse for the Blind, St. Louis, MO. People Who Are Blind or Severely End of Certification Disabled. Contracting Activity: GSA/FAS The following products are proposed ACTION: SOUTHWEST SUPPLY CENTER Proposed Additions to and for addition to Procurement List for (QSDAC), FORT WORTH, TX. Deletions From Procurement List. production by the nonprofit agencies NSN: 7510–01–510–4867—Binder, Loose- listed: leaf, (Pressboard). SUMMARY: The Committee is proposing NSN: 7510–01–510–4862—Binder, Loose- to add to the Procurement List products Products to be furnished by nonprofit agencies leaf, (Pressboard). Polyester Black Fleece Liner NSN: 7510–01–510–4863—Binder, Loose- employing persons who are blind or NSN: 8415–01–539–3971—XSMALL-XShort leaf, (Pressboard). have other severe disabilities and to NSN: 8415–01–539–3988—SMALL-XShort NSN: 7510–01–510–4861—Binder, Loose- delete products and service previously furnished by such agencies. NSN: 8415–01–539–3990—MEDIUM-XShort leaf, (Pressboard). NSN: 8415–01–539–3997—LARGE-XShort NSN: 7510–01–510–4872—Binder, Loose- Comments Must be Received on or NSN: 8415–01–539–4001—XSMALL-Short leaf, (Pressboard). Before: 3/30/2009. NSN: 8415–01–539–4011—SMALL-Short NSN: 7510–01–510–4864—Binder, Loose- ADDRESSES: Committee for Purchase NSN: 8415–01–539–4028—MEDIUM-Short leaf, (Pressboard). From People Who Are Blind or Severely NSN: 8415–01–539–4031—LARGE-Short NSN: 7510–01–510–4868—Binder, Loose- Disabled, Jefferson Plaza 2, Suite 10800, NSN: 8415–01–539–4041—XLARGE-Short leaf, (Pressboard). 1421 Jefferson Davis Highway, NSN: 8415–01–539–4045—XSMALL-Reg NSN: 7510–01–510–4870—Binder, Loose- Arlington, Virginia, 22202–3259. NSN: 8415–01–539–4049—SMALL-Reg leaf, (Pressboard). NSN: 8415–01–539–4056—MEDIUM-Reg For Further Information or to Submit NSN: 8415–01–539–4058—LARGE-Reg NPA: Georgia Industries for the Blind, Comments Contact: Barry S. Lineback, NSN: 8415–01–539–4109—XLARGE-Reg Bainbridge, GA. Telephone: (703) 603–7740, Fax: (703) NSN: 8415–01–539–4114—2XLARGE-Reg Contracting Activity: GSA/FSS OFC SUP 603–0655, or e-mail NSN: 8415–01–539–4119—XSMALL-LONG CTR—PAPER PRODUCTS, NEW YORK, [email protected]. NSN: 8415–01–539–4609—SMALL-LONG NY. NSN: 8415–01–539–4619—MEDIUM-LONG NSN: 7520–01–507–6974—Markers, SUPPLEMENTARY INFORMATION: This NSN: 8415–01–539–4625—LARGE-LONG Lumocolor, Permanent. notice is published pursuant to 41 U.S.C NSN: 8415–01–539–4631—XLARGE-LONG NSN: 7520–01–392–5296—Markers, 47(a)(2) and 41 CFR 51–2.3. Its purpose NSN: 8415–01–539–4635—2XLARGE-LONG Lumocolor, Permanent. is to provide interested persons an NSN: 8415–01–539–4658—SMALL-Xlong NSN: 7520–01–507–6972—Markers, opportunity to submit comments on the NSN: 8415–01–539–4664—MEDIUM-Xlong Lumocolor, Permanent. proposed actions. NSN: 8415–01–539–4667—LARGE-Xlong NSN: 8415–01–539–4671—XLARGE-Xlong NSN: 7520–01–392–5295—Markers, Additions NSN: 8415–01–539–4677—2XLarge-Xlong Lumocolor, Permanent. If the Committee approves the NPA: Bestwork Industries for the Blind, Inc., NSN: 7520–01–507–6965—Markers, Runnemede, NJ. Lumocolor, Non-Permanent. proposed additions, the entities of the Contracting Activity: Defense Logistics NSN: 7520–00–422–5769—Markers, Federal Government identified in this Agency, Defense Supply Center Lumocolor, Non-Permanent. notice for each product will be required Philadelphia. to procure the products listed below NSN: 7520–01–507–6963—Markers, Deletions Lumocolor, Non-Permanent. from nonprofit agencies employing NSN: 7520–01–507–6958—Markers, persons who are blind or have other Regulatory Flexibility Act Certification Lumocolor, Non-Permanent. severe disabilities. NPA: Winston-Salem Industries for the I certify that the following action will Regulatory Flexibility Act Certification Blind, Winston-Salem, NC. not have a significant impact on a Contracting Activity: GSA/FSS OFC SUP I certify that the following action will substantial number of small entities. CTR—PAPER PRODUCTS, NEW YORK, not have a significant impact on a The major factors considered for this NY. substantial number of small entities. certification were: NSN: 7045–01–372–8269—Tape, Electronic The major factors considered for this 1. If approved, the action will not Data Processing. certification were: result in additional reporting, NPA: North Central Sight Services, Inc., 1. If approved, the action will not recordkeeping or other compliance Williamsport, PA. result in any additional reporting, requirements for small entities. Contracting Activity: DEFENSE SUPPLY recordkeeping or other compliance 2. If approved, the action may result CENTER COLUMBUS, COLUMBUS, OH. requirements for small entities other in authorizing small entities to furnish the products and service to the Barry S. Lineback, than the small organizations that will furnish the products to the Government. Government. Director, Program Operations. 2. If approved, the action will result 3. There are no known regulatory [FR Doc. E9–4242 Filed 2–26–09; 8:45 am] in authorizing small entities to furnish alternatives which would accomplish BILLING CODE 6353–01–P the products to the Government. the objectives of the Javits-Wagner- 3. There are no known regulatory O’Day Act (41 U.S.C. 46–48c) in alternatives which would accomplish connection with the products and the objectives of the Javits-Wagner- service proposed for deletion from the O’Day Act (41 U.S.C. 46–48c) in Procurement List.
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End of Certification COMMISSION ON CIVIL RIGHTS DEPARTMENT OF COMMERCE The following products and service are proposed for deletion from the Agenda and Notice of Public Meeting Foreign–Trade Zones Board Procurement List: of the Alabama Advisory Committee Order No. 1605 Products Notice is hereby given, pursuant to NSN: 7920–00–292–2368—Broom, Upright the provisions of the rules and Expansion of Foreign–Trade Zone 272, NPA: Blind and Vision Rehabilitation regulations of the U.S. Commission on Lehigh and Northampton Counties, Services of Pittsburgh, Pittsburgh, PA. Civil Rights (Commission), and the Pennsylvania Contracting Activity: GSA/FAS Southwest Federal Advisory Committee Act Supply Center (QSDAC), Fort Worth, TX. Pursuant to its authority under the NSN: 7520–01–484–5269—Pen, Retractable, (FACA), that a meeting of the Alabama Advisory Committee to the Commission Foreign–Trade Zones Act of June 18, 1934, as Biodegradable amended (19 U.S.C. 81a–81u), the Foreign– NSN: 7520–01–484–5265—Pen, Retractable, will convene on Wednesday, April 29, Trade Zones Board (the Board) adopts the Biodegradable 2009 at 9 a.m. and adjourn at following Order: NSN: 7520–01–484–5264—Pen, Retractable, approximately 5 p.m. at Troy University Biodegradable Whereas, the Lehigh Valley Economic NSN: 7520–01–484–5260—Pen, Retractable, Montgomery Whitley Conference Hall. The purpose of the meeting is to Development Corporation, grantee of Biodegradable Foreign–Trade Zone 272, submitted an NPA: Industries of the Blind, Inc., conduct a community forum on the Greensboro, NC. ‘‘Civil Rights Implications of Alabama’s application to the Board for authority to Contracting Activity: GSA/FSS OFC SUP Eminent Domain Policies and expand its zone to include an additional CTR—Paper Products, New York, NY. Practices.’’ site (Site 8 163 acres) at the ProLogis Services Park 33, which would include Members of the public are entitled to Temporary Site T–1 on a permanent Service Type/Location: Litter Pickup, Tinker submit written comments. The address basis, in Northampton County, Air Force Base, 7615 5th Street, Tinker is U.S. Commission on Civil Rights, 400 Pennsylvania, adjacent to the Lehigh AFB, OK. State Avenue, Suite 908, Kansas City, NPA: Mid-Del Group Home, Inc., Midwest Valley Customs and Border Protection City, OK. Kansas 66101. Persons wishing to e-mail port of entry (FTZ Docket 42–2008, filed Contracting Activity: Dept of the Air Force. their comments, or to present their 8/1/08); comments at the meeting, or who desire Barry S. Lineback, additional information should contact Whereas, notice inviting public Director, Program Operations. Farella E. Robinson, Regional Director, comment was given in the Federal [FR Doc. E9–4243 Filed 2–26–09; 8:45 am] Central Regional Office, at (913) 551– Register (73 FR 46246, 8/8/08), and the BILLING CODE 6353–01–P 1400 or by e-mail to application has been processed [email protected]. pursuant to the FTZ Act and the Board’s regulations; and, COMMITTEE FOR PURCHASE FROM Hearing-impaired persons who will attend the meeting and require the Whereas, the Board adopts the PEOPLE WHO ARE BLIND OR findings and recommendations of the SEVERELY DISABLED services of a sign language interpreter should contact the Regional Office at examiner’s report, and finds that the Procurement List; Correction: least ten (10) working days before the requirements of the FTZ Act and Proposed Addition scheduled date of the meeting. Board’s regulations are satisfied, and that the proposal is in the public The Committee’s Notice publication Records generated from this meeting interest; on January 16, 2009 at 74 FR 2993–2994 may be inspected and reproduced at the (FR Doc. E9–898 Filed 1–15–09) Central Regional Office, as they become Now, therefore, the Board hereby proposing to add services for a Base available, both before and after the orders: Information Transfer Center to the meeting. Persons interested in the work The application to expand FTZ 272 is Procurement List included an incorrect of this advisory committee are advised approved, subject to the FTZ Act and State for one location. The location to go to the Commission’s Web site, the Board’s regulations, including listed as Whiteman AFB, NM should http://www.usccr.gov, or to contact the Section 400.28, and subject to the have been Whiteman AFB, MO. Central Regional Office at the above e- Board’s standard 2,000–acre activation This Notice corrects that Notice of limit for the overall general–purpose Proposed Addition to the Procurement mail or street address. The meeting will be conducted zone project. List to read as follows: Signed at Washington, DC, this 13th day pursuant to the provisions of the rules Service Type/Location: Base Information of February 2009. Transfer Center, BITC, Multiple and regulations of the Commission and Locations, AF Air Combat FACA. Ronald K. Lorentzen, Command, 740 Arnold Ave, 1C, Dated in Washington, DC, February 24, Acting Assistant Secretary of Commercefor Whiteman AFB, MO. 2009. Import Administration, Alternate Chairman, Contracting Activity: Dept. of the Air Foreign–Trade Zones Board. Christopher Byrnes, Force, FA4890 ACC CONS LGC. Attest: NPA: The Arc of the Virginia Peninsula, Chief, Regional Programs Coordination Unit. Andrew McGilvray, Inc., Hampton, VA. [FR Doc. E9–4258 Filed 2–26–09; 8:45 am] Executive Secretary. BILLING CODE 6335–01–P Barry S. Lineback, [FR Doc. E9–4236 Filed 2–26–09; 8:45 am] Director, Program Operations. BILLING CODE 3510–DS–S [FR Doc. E9–4241 Filed 2–26–09; 8:45 am] BILLING CODE 6353–01–P
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DEPARTMENT OF COMMERCE period may be submitted during the 29702 (July 6, 1992); see also Final subsequent 15-day period to May 13, Determination of Sales at Less Than Foreign–Trade Zones Board 2009. Fair Value: Certain Carbon Steel Butt– [Docket 7–2009] A copy of the application will be Weld Pipe Fittings from Thailand, 57 FR available for public inspection at the 21065 (May 18, 1992).1 On November Foreign–Trade Zone 57 - Mecklenburg Office of the Foreign–Trade Zones 18, 2008, the Department received a County, NC, Application for Subzone Board’s Executive Secretary at the request for a changed–circumstances Status, FMS Enterprises USA, Inc. address listed above and in the review of this order from AMT to (Para–Aramid UD Shield) ‘‘Reading Room’’ section of the Board’s determine if, for purposes of the website, which is accessible via antidumping law, AMT is the An application has been submitted to www.trade.gov/ftz. For further successor–in-interest to AST. On the Foreign–Trade Zones Board (the information, contact Pierre Duy at: January 14, 2009, the Department Board) by the North Carolina [email protected], or (202) 482– published the notice of initiation for Department of Commerce, grantee of 1378. this changed–circumstances review and FTZ 57, requesting special–purpose Dated: February 20, 2009. preliminarily found that AMT is the subzone status for the para–aramid UD successor–in-interest to AST and should Andrew McGilvray, shield manufacturing plant of FMS be treated as such for antidumping Enterprises USA, Inc. (FMS), located in Executive Secretary. purposes. See Notice of Initiation and Lincolnton, North Carolina. The [FR Doc. E9–4237 Filed 2–26–09; 8:45 am] Preliminary Results of Changed– application was submitted pursuant to BILLING CODE 3510–DS–S Circumstances Antidumping Duty the provisions of the Foreign–Trade Review: Certain Carbon Steel Butt–Weld Zones Act, as amended (19 U.S.C. 81a– Pipe Fittings From Thailand, 74 FR 81u), and the regulations of the Board DEPARTMENT OF COMMERCE 2048 (January 14, 2009) (Preliminary (15 CFR part 400). It was formally filed International Trade Administration Results). We invited interested parties to on February 20, 2009. comment on the preliminary results. We The FMS facility (40 employees/23 A–549–807 received comments from AMT and Silbo acres/57,600 sq.ft.) is located at 2001 Industries, Inc.2 Kawai Road in Lincolnton, North Certain Carbon Steel Butt–Weld Pipe Carolina. The plant is used to produce Fittings From Thailand: Final Results Scope of the Order para–aramid UD shield tape (up to 3 of Changed–Circumstances The scope of the order covers certain million pounds per year) for export and Antidumping Duty Review pipe fittings from Thailand. They are the domestic market. The manufacturing defined as carbon steel butt–weld pipe AGENCY: Import Administration, process involves layering and bonding fittings, having an inside diameter of International Trade Administration, of para–aramid fibers under heat and less than 14 inches, imported in either Department of Commerce. pressure to create finished composite finished or unfinished form. These SUMMARY: The Department of Commerce shield tape. Foreign–origin para–aramid formed or forged pipe fittings are used (the Department) has determined, fiber (HTSUS 5402.11, duty rate: 8.8%) to join sections in piping systems where pursuant to section 751(b) of the Tariff is used as the primary production input, conditions require permanent, welded Act of 1930, as amended (the Act), that which represents up to 75 percent of connections, as distinguished from Awaji Materia (Thailand) Co., Ltd. is the finished product value. fittings based on other fastening successor–in-interest to Awaji Sangyo FTZ procedures would exempt FMS methods (e.g., threaded, grooved, or (Thailand) Co., Ltd. (AST) and, as a from customs duty payments on the bolted fittings). These imports are result, should be accorded the same foreign para–aramid fiber used in export currently classifiable under subheading production (about 25% of annual treatment previously accorded to AST 7307.93.30 of the Harmonized Tariff shipments). On domestic shipments, the with respect to the antidumping duty Schedule of the United States (HTSUS). company could be able to elect the duty order on certain carbon steel butt–weld Although the HTSUS subheadings are rate that applies to finished para– pipe fittings from Thailand. provided for convenience and customs aramidUD shield tape (duty free) for the EFFECTIVE DATE: February 27, 2009. purposes, the written description foreign material input noted above. The FOR FURTHER INFORMATION CONTACT: remains dispositive as to the scope of application indicates that the savings Kristin Case or Minoo Hatten, AD/CVD the order. from FTZ procedures would help Operations, Office 5, Import Analysis of Comment Received improve the facility’s international Administration, International Trade competitiveness.In accordance with the Administration, U.S. Department of The issue raised in the case briefs by Board’s regulations, Pierre Duy of the Commerce, 14th Street and Constitution parties in this review are addressed in FTZ Staff is designated examiner to Avenue, NW, Washington, DC 20230; the Issues and Decision Memorandum investigate the application and report to telephone: (202) 482–3174 and (202) from John M. Andersen, Acting Deputy the Board. 482–1690, respectively. 1 Public comment is invited from SUPPLEMENTARY INFORMATION: As observed in the November 18, 2008, request interested parties. Submissions (original from AMT, exports of subject merchandise of AST Background were also the subject of a subsequent investigation and 3 copies) shall be addressed to the in which the International Trade Commission Board’s Executive Secretary at the On July 6, 1992, the Department concluded that the exports did not result in the following address: Office of the published an antidumping duty order material injury or threat of material injury to the U.S. industry or in material retardation of the Executive Secretary, Room 2111, U.S. on pipe fittings from Thailand in which establishment of an industry in the United States. Department of Commerce, 1401 it stated that AST was excluded from See Certain Carbon Steel Butt–Weld Pipe Fittings Constitution Avenue, NW, Washington, the order due to its de minimis margin From France, India, Israel, Malaysia, The Republic DC 20230–0002. The closing period for in the less–than-fair–value of Korea, Thailand, The United Kingdom, and receipt of comments is April 28, 2009. investigation. See Antidumping Duty Venezuela, 60 FR 18611 (April 12, 1995). 2 Silbo Industries Inc. is an importer of certain Rebuttal comments in response to Order; Certain Carbon Steel Butt–Weld carbon steel butt–weld pipe fittings produced by material submitted during the foregoing Pipe Fittings From Thailand, 57 FR AMT.
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Assistant Secretary for Antidumping Dated: February 20, 2009. 2. Services and Countervailing Duty Operations, to Ronald K. Lorentzen, All Services. Ronald K. Lorentzen, Acting Assistant Acting Assistant Secretary for Import Secretary for Import Administration, Administration. 3. Technology Rights dated February 20, 2009 (Decision Appendix Technology rights that relate to Memo), which is hereby adopted by this Products and Services, including, but 1. Application of the Final Results notice. The Decision Memo, which is a not limited to, patents, trademarks, Retroactively public document, is on file in the copyrights, and trade secrets. [FR Doc. E9–4239 Filed 2–26–09; 8:45 am] Central Records Unit, main Department BILLING CODE 3510–DS–S 4. Export Trade Facilitation Services (as of Commerce building, Room 1117, and They Relate to the Export of Products, is accessible on the Web at http:// Services, and Technology Rights) ia.ita.doc.gov/frn. The paper copy and DEPARTMENT OF COMMERCE Export Trade Facilitation Services, electronic version of the Decision Memo including, but not limited to, International Trade Administration are identical in content. professional services in the areas of Final Results of Changed– [Application No. 08–00009] government relations and assistance Circumstances Review with state and federal programs; foreign Export Trade Certificate of Review trade and business protocol; consulting; For the reasons stated in the market research and analysis; collection ACTION: Notice of Issuance of an Export Preliminary Results, we continue to find of information on trade opportunities; Trade Certificate of Review to Golden that AMT is the successor–in-interest to marketing; negotiations; joint ventures; Tree Trading Company Application shipping; export management; export AST. We will apply this determination (Application No. 08–00009). retroactively and will instruct U.S. licensing; advertising; documentation Customs and Border Protection (CBP) to SUMMARY: On February 18, 2009, the and services related to compliance with liquidate, without regard to U.S. Department of Commerce issued an customs requirements; insurance and antidumping duties, all unliquidated Export Trade Certificate of Review to financing; trade show exhibitions; entries entered, or withdrawn from Golden Tree Trading Company organizational development; warehouse, for consumption on or after (‘‘GTTC’’). This notice summarizes the management and labor strategies; August 1, 2006, the date of AST’s name conduct for which certification has been transfer of technology; transportation change to AMT. See Stainless Steel Wire granted. services; and facilitating the formation Rod from Italy: Notice of Final Results FOR FURTHER INFORMATION CONTACT: of shippers’ associations. of Changed Circumstances Jeffrey Anspacher, Director, Export II. Export Markets Antidumping Duty Review, 71 FR Trading Company Affairs, International Trade Administration, by telephone at The Export Markets include all parts 24643, 24644 (April 26, 2006); see also of the world except the United States Certain Hot–Rolled Lead and Bismuth (202) 482–5131 (this is not a toll-free number) or e-mail at [email protected]. (the fifty states of the United States, the Carbon Steel Products from the United District of Columbia, the SUPPLEMENTARY INFORMATION: Title III of Kingdom: Final Results of Changed– Commonwealth of Puerto Rico, the Circumstances Antidumping and the Export Trading Company Act of 1982 (15 U.S.C. 4001–21) authorizes the Virgin Islands, American Samoa, Guam, Countervailing Duty Administrative Secretary of Commerce to issue Export the Commonwealth of the Northern Review, 64 FR 66880, 66881 (Nov. 30, Trade Certificates of Review. The Mariana Islands, and the Trust Territory 1999). regulations implementing Title III are of the Pacific Islands). Notification found at 15 CFR part 325 (2006). III. Export Trade Activities and Methods Export Trading Company Affairs of Operation This notice also serves as a reminder (‘‘ETCA’’) is issuing this notice pursuant 1. With respect to the export of to parties subject to administrative to 15 CFR section 325.6(b), which Products and Services, licensing of protective orders (APOs) of their requires the Secretary of Commerce to Technology Rights and provision of publish a summary of the certification responsibility concerning the Export Trade Facilitation Services, in the Federal Register. Under Section disposition of proprietary information GTTC, subject to the terms and 305(a) of the Act and 15 CFR 325.11(a), disclosed under APO in accordance conditions listed below, may: with 19 CFR 351.306. Timely written any person aggrieved by the Secretary’s a. Provide and/or arrange for the notification of the return/destruction of determination may, within 30 days of provisions of Export Trade Facilitation APO materials or conversion to judicial the date of this notice, bring an action Services and engage in promotional and protective order is hereby requested. in any appropriate district court of the marketing activities; Failure to comply with the regulations United States to set aside the b. Collect information on trade and terms of an APO is a sanctionable determination on the ground that the opportunities in the Export Markets and violation. determination is erroneous. distribute such information to clients; c. Enter into exclusive and/or non- This notice is published in Description of Certified Conduct exclusive licensing and/or sales accordance with sections 751(b)(1) and GTTC is certified to engage in the agreements with Suppliers for the 777(i) of the Act and 19 CFR 351.216 Export Trade Activities and Methods of export of Products, Services, and/or and 351.221. Operation described below in the Technology Rights to Export Markets; following Export Trade and Export d. Enter into exclusive and/or non- Markets. exclusive agreements with distributors I. Export Trade and/or sales representatives in Export Markets; 1. Products e. Allocate export sales or divide All Products. Export Markets among Suppliers for the
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sale and/or licensing of Products, compliance with its terms and FOR FURTHER INFORMATION CONTACT: Paul Services, and/or Technology Rights; conditions. Stolz, AD/CVD Operations, Office 8, f. Allocate export orders among VII. Effective Period of Certificate Import Administration, International Suppliers; Trade Administration, U.S. Department g. Establish the price of Products, This Certificate continues in effect of Commerce, 14th Street and Services, and/or Technology Rights for from the date indicated below until it is Constitution Avenue, NW, Washington, relinquished, modified, or revoked as sales and/or licensing in Export DC 20230; telephone: (202) 482–4474. Markets; provided in the Act and the Regulations. SUPPLEMENTARY INFORMATION: h. Negotiate, enter into, and/or VIII. Other Conduct manage licensing agreements for the Nothing in this Certificate prohibits Background export of Technology Rights; GTTC from engaging in conduct not On September 9, 2008, the i. Enter into contracts for shipping to specified in this Certificate, but such Export Markets; and conduct is subject to the normal Department of Commerce (‘‘the j. Refuse to provide Export Trade application of the antitrust laws. Department’’) published in the Federal Facilitation Services to customers in any Register a notice of initiation of a new Export Market or Markets. IX. Disclaimers shipper review for shipments of wooden 2. GTTC may exchange information 1. The issuance of this Certificate of bedroom furniture from the People’s with individual Suppliers on a one-to- Review to GTTC by the Secretary of Republic of China (‘‘PRC’’) produced one basis regarding that Supplier’s Commerce with the concurrence of the and exported by Shanghai Fangjia inventories and near-term production Attorney General under the provisions Industry Co., Ltd. (‘‘Shanghai Fangjia’’). schedules in order that the availability of the Act does not constitute, explicitly See Wooden Bedroom Furniture From of Products for export can be or implicitly, an endorsement or the People’s Republic of China: determined and effectively coordinated opinion of the Secretary of Commerce or Initiation of New Shipper Review, 73 FR by GTTC with its distributors in Export the Attorney General concerning either 52296 (September 9, 2008). The Markets. (a) the viability or quality of the preliminary results of review are business plans of GTTC or (b) the IV. Terms and Conditions currently due no later than February 23, legality of such business plans of GTTC 2009. 1. In engaging in Export Trade under the laws of the United States Activities and Methods of Operation, (other than as provided in the Act) or Statutory Time Limits GTTC will not intentionally disclose, under the laws of any foreign country. directly or indirectly, to any Supplier 2. The application of this Certificate Section 751(a)(2)(B)(iv) of the Tariff any information about any other to conduct in Export Trade where the Act of 1930, as amended (‘‘the Act’’), Supplier’s costs, production, capacity, U.S. Government is the buyer or where provides that the Department will issue inventories, domestic prices, domestic the U.S. Government bears more than the preliminary results of a new shipper sales, or U.S. business plans, strategies, half the cost of the transaction is subject review of an antidumping duty order or methods that is not already generally to the limitations set forth in Section within 180 days after the day on which available to the trade or public. V.(D.) of the ‘‘Guidelines for the the review was initiated. See also 19 2. GTTC will comply with requests Issuance of Export Trade Certificates of CFR 351.214(i)(1). The Act further made by the Secretary of Commerce on Review (Second Edition),’’ 50 FR 1786 provides that the Department may behalf of the Secretary or the Attorney (January 11, 1985). extend that 180-day period to 300 days General for information or documents A copy of the Certificate will be kept if it determines that the case is relevant to conduct under the in the International Trade extraordinarily complicated. See section Certificate. The Secretary of Commerce Administration’s Freedom of 751(a)(2)(B)(iv) and 19 CFR 351.214 will request such information or Information Records Inspection Facility, (i)(2). documents when either the Attorney Room 4100, U.S. Department of General or the Secretary of Commerce Commerce, 14th Street and Constitution Extension of Time Limit for Preliminary believes that the information or Avenue, NW., Washington, DC 20230. Results documents are required to determine Dated: February 24, 2009. The Department determines that this that the Export Trade, Export Trade Jeffrey Anspacher, Activities and Methods of Operation of new shipper review involves Director, Export Trading Company Affairs. extraordinarily complicated a person protected by this Certificate of [FR Doc. E9–4225 Filed 2–26–09; 8:45 am] Review continue to comply with the methodological issues, pertaining to the BILLING CODE 3510–DR–P standards of section 303(a) of the Act. calculation of factors of production and the evaluation of the bona fide nature of V. Definitions Shanghai Fangjia’s sales. Therefore, in DEPARTMENT OF COMMERCE ‘‘Supplier’’ means a person who accordance with section 751(a)(2)(B)(iv) produces, provides, or sells Products, International Trade Administration of the Act and 19 CFR 351.214(i)(2), the Services and/or Technology Rights. Department is extending the time limit A–570–890 for these preliminary results by 120 VI. Protection Provided by Certificate Wooden Bedroom Furniture from the days, until no later than June 22, 2009. This Certificate protects GTTC and its People’s Republic of China: Extension The final results continue to be due 90 directors, officers, and employees acting of Time for the Preliminary Results of days after the publication of the on its behalf, from private treble damage the New Shipper Review preliminary results. actions and government criminal and We are issuing and publishing this civil suits under U.S. federal and state AGENCY: Import Administration, notice in accordance with sections antitrust laws for the export conduct International Trade Administration, specified in the Certificate and carried Department of Commerce. 751(a)(2)(B)(iv) and 777(i) of the Act. out during its effective period in EFFECTIVE DATE: February 27, 2009.
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Dated: February 20, 2009. section 782(i) of the Act, we verified the the RMB/IFI Group, Ningbo Yinzhou, John M. Andersen, information submitted by: 1) RMB and Petitioner. On January 23, 2009, we Acting Deputy Assistant Secretary for Import Fasteners Ltd. and IFI & Morgan Ltd.2 received rebuttal briefs from Petitioner Administration. (the ‘‘RMB/IFI Group’’) from November and the RMB/IFI Group. On November [FR Doc. E9–4244 Filed 2–26–09; 8:45 am] 3–4, 2008, and Jiaxing Brother Standard 6 and 7, 2008, Petitioner and the RMB/ 3 BILLING CODE 3510–DS–S Part Co. (‘‘Jiaxing Brother’’), its IFI Group submitted requests for a affiliated producer from November 6–7, hearing, respectively. On January 22, 2008; 2) Ningbo Yinzhou Foreign Trade 2009, Petitioner and the RMB/IFI Group DEPARTMENT OF COMMERCE Co., Ltd.4 (‘‘Ningbo Yinzhou’’) from withdrew their requests for a hearing. November 13–14, 2008, and Haiyan Analysis of Comments Received International Trade Administration Zhonghuan Fastener Factory All issues raised in the case and (A–570–932) (‘‘Zhonghuan’’), one of Ningbo Yingzhou’s manufacturers, and Zhejiang rebuttal briefs by the parties to this Certain Steel Threaded Rod from the Guorui Industry Co., Ltd.5 (‘‘Guorui’’), investigation are addressed in the People’s Republic of China: Final one of Ningbo Yinzhou’s suppliers from ‘‘Certain Steel Threaded Rod from the Determination of Sales at Less Than November 10–12, 2008; and 3) Shanghai People’s Republic of China: Issues and Fair Value Prime Machinery Co., Ltd.6 (‘‘Shanghai Decision Memorandum for the Final Prime’’), a separate rate respondent, on Determination of Sales at Less than Fair AGENCY: Import Administration, November 17, 2008. On December 12, Value,’’ dated concurrently with this International Trade Administration, 2008, Vulcan Threaded Products notice, which is hereby adopted by this Department of Commerce. (‘‘Petitioner’’) and the RMB/IFI Group notice in its entirety (‘‘Issues and EFFECTIVE DATE: February 27, 2009. placed new factual information on the Decision Memorandum’’). A list of the SUMMARY: The Department of Commerce record regarding surrogate valuation, issues which parties raised and to (‘‘Department’’) has determined that and submitted rebuttal comments on which we respond in the Issues and certain steel threaded rod (‘‘STR’’) from December 22, 2008. In accordance with Decision Memorandum is attached to the People’s Republic of China (‘‘PRC’’) 19 CFR 351.309(c)(i), we invited parties this notice as an Appendix. The Issues is being, or is likely to be, sold in the to comment on our Preliminary and Decision Memorandum is a public United States at less than fair value Determination. On January 16, 2009, the document and is on file in the Central (‘‘LTFV’’) as provided in section 735 of Department received case briefs from Records Unit in the main Commerce the Tariff Act of 1930, as amended building, Room 1117, and is accessible (‘‘Act’’). The final dumping margins for with respect to the antidumping duty margin on the Web at http://www.trade.gov/ia. this investigation are listed in the ‘‘Final calculation for RMB Fasteners Ltd. and IFI and The paper copy and electronic version Determination Margins’’ section below. Morgan Ltd. of the Issues and Decision 2 See Memorandum to the File from Scot T. FOR FURTHER INFORMATION CONTACT: Fullerton, Program Manager, and Toni Dach, Memorandum are identical in content. International Trade Compliance Analyst, regarding: Bobby Wong or Toni Dach, Import Period of Investigation Administration, International Trade ‘‘Verification of the Sales Response of RMB Fasteners Ltd. and IFI & Morgan Ltd. in the The period of investigation (‘‘POI’’) is Administration, U.S. Department of Antidumping Duty Investigation of Certain Steel Commerce, 14th Street and Constitution Threaded Rod from the People’s Republic of July 1, 2007, through December 31, Avenue, NW, Washington, DC 20230; China,’’ dated January 6, 2009 (‘‘RMB & IFI 2007. telephone (202) 482–0409 or (202) 482– Verification Report’’). 3 See Memorandum to the File from Scot T. Scope of Investigation 1655, respectively. Fullerton, Program Manager, and Toni Dach, The merchandise covered by this SUPPLEMENTARY INFORMATION: International Trade Compliance Analyst, regarding: ‘‘Verification of the Factors of Production Response investigation is steel threaded rod. Steel Case History of Jiaxing Brother Standard Part Co. in the threaded rod is certain threaded rod, Antidumping Duty Investigation of Certain Steel On October 8, 2008, the Department bar, or studs, of carbon quality steel, Threaded Rod from the People’s Republic of having a solid, circular cross section, of published in the Federal Register its China,’’ dated January 6, 2009 (‘‘Brother Fastener preliminary determination. See Certain Verification Report’’). any diameter, in any straight length, that Steel Threaded Rod from the People’s 4 See Memorandum to the File from Scot T. have been forged, turned, cold drawn, Fullerton, Program Manager, and Toni Dach, cold rolled, machine straightened, or Republic of China: Preliminary International Trade Compliance Analyst, regarding: Determination of Sales at Less Than otherwise cold finished, and into which ‘‘Verification of the Sales Response of Ningbo threaded grooves have been applied. In Fair Value, 73 FR 58931 (October 8, Yinzhou Foreign Trade Co., Ltd. in the 2008) (‘‘Preliminary Determination’’). Antidumping Duty Investigation of Certain Steel addition, the steel threaded rod, bar, or Threaded Rod from the People’s Republic of On October 27, 2008, the Department studs subject to this investigation are China,’’ dated January 6, 2009 (‘‘Ningbo Yinzhou non headed and threaded along greater published in the Federal Register its Verification Report’’). than 25 percent of their total length. A amended preliminary determination 5 See Memorandum to the File from Scot T. that STR from the PRC are being, or are Fullerton, Program Manager, and Toni Dach, variety of finishes or coatings, such as International Trade Compliance Analyst, regarding: plain oil finish as a temporary rust likely to be, sold in the United States at ‘‘Verification of the Factors of Production Response LTFV. See Certain Steel Threaded Rod protectant, zinc coating (i.e., galvanized, of Haiyan Zhonguan Fastener Factory and Zhejiang whether by electroplating or hot– from the People’s Republic of China: Guorui Industry Co., Ltd. in the Antidumping Duty Amended Preliminary Determination of Investigation of Certain Steel Threaded Rod from dipping), paint, and other similar the People’s Republic of China,’’ dated January 6, Sales at Less Than Fair Value and finishes and coatings, may be applied to 2009 (‘‘Zhonghuan & Guorui Verification Report’’). the merchandise. Postponement of Final Determination, 6 See Memorandum to the File from Scot T. Included in the scope of this 73 FR 63693 (October 27, 2008) Fullerton, Program Manager, and Toni Dach, investigation are steel threaded rod, bar, (‘‘Amended Preliminary International Trade Compliance Analyst, regarding: ‘‘Verification of the Separate Rate Response of or studs, in which: (1) iron Determination’’).1 As provided in Shanghai Prime Machinery Co., Ltd. in the predominates, by weight, over each of Antidumping Duty Investigation of Certain Steel the other contained elements; (2) the 1 In the Amended Preliminary Determination, the Threaded Rod from the People’s Republic of Department amended the Preliminary China,’’ dated January 6, 2009 (‘‘Shanghai Prime carbon content is 2 percent or less, by Determination to correct certain ministerial errors Separate Rate Verification Report’’). weight; and (3) none of the elements
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listed below exceeds the quantity, by Preliminary Determination. The values production (‘‘FOP’’) in the form and weight, respectively indicated: that were modified for this final manner requested by the Department. • 1.80 percent of manganese, or determination are those for surrogate Ningbo Yinzhou withheld certain • 1.50 percent of silicon, or financial ratios, packing strips, buckles, information that was specifically • 1.00 percent of copper, or and coal. For further details see I&D requested by the Department and • 0.50 percent of aluminum, or Memo at Comment 6, and Memorandum significantly impeded the proceeding by • 1.25 percent of chromium, or to the File from Bobby Wong, through not providing accurate or complete • 0.30 percent of cobalt, or Scot T. Fullerton, Program Manager, responses to the Department’s questions • 0.40 percent of lead, or AD/CVD Operations, Office 9, and regarding certain FOPs and the sales • 1.25 percent of nickel, or James C. Doyle, Director, AD/CVD reconciliation. See Verification of the • 0.30 percent of tungsten, or Operations, Office 9; Certain Steel Sales Response of Ningbo Yinzhou • 0.012 percent of boron, or Threaded Rod from the People’s Foreign Trade Co., Ltd. in the • 0.10 percent of molybdenum, or Republic of China: Surrogate Values for Antidumping Duty Investigation of • 0.10 percent of niobium, or the Final Determination, dated February Certain Steel Threaded Rod from the • 0.41 percent of titanium, or 20, 2009 (‘‘Final Surrogate Value People’s Republic of China, dated • 0.15 percent of vanadium, or Memo’’). January 6, 2009 at 2, 6–8, and 10–11; • 0.15 percent of zirconium. In addition, we have made certain and Ningbo Yinzhou’s response to the Steel threaded rod is currently company–specific changes since the Department’s First Supplemental classifiable under subheading Amended Preliminary Determination. Sections C and D Questionnaire, dated 7318.15.5050 and 7318.15.5090 of the Specifically, we have incorporated, September 8, 2008, at 19. Additionally, HTSUS. Although the HTSUS where applicable, post–preliminary information discovered at verification subheading is provided for convenience clarifications based on a post– directly contradicted information and customs purposes, the written preliminary supplemental questionnaire contained in Ningbo Yinzhou’s description of the merchandise is and verification for the RMB/IFI Group. questionnaire responses.7 Significant dispositive. For further details on these company– delays were experienced by the Excluded from the scope of the specific changes, see Memorandum to Department in completing verification investigation are: (a) threaded rod, bar, the File, through Scot T. Fullerton, procedures, which prevented the or studs which are threaded only on one Program Manager, AD/CVD Operations, completion of some verification or both ends and the threading covers Office 9, from Bobby Wong, Senior procedures. Due to the insufficiency of 25 percent or less of the total length; International Trade Analyst, AD/CVD the respondent’s record keeping, and (b) threaded rod, bar, or studs made Operations, Office 9, regarding numerous verification procedures could to American Society for Testing and ‘‘Program Analysis for the Final not be completed. For these reasons, the Materials (‘‘ASTM’’) A193 Grade B7, Determination of Antidumping Duty Department was unable to verify certain ASTM A193 Grade B7M, ASTM A193 Investigation of Certain Steel Threaded statements in Ningbo Yinzhou’s Grade B16, or ASTM A320 Grade L7. Rod from the People’s Republic of questionnaire responses for which the Scope–HTSUS Modification China,’’ dated February 20, 2009 (‘‘The Department sought verification. See RMB/IFI Group Analysis Ningbo Yinzhou Verification Report and On September 22, 2008, U.S. Customs Memorandum’’). Zhonghuan/Guorui Verification Report. and Border Protection (‘‘CBP’’) informed Adverse Facts Available Furthermore, based on the record the Department that on July 1, 2008, it evidence and pursuant to section 776(b) amended the United States Harmonized Section 776(a)(2) of the Act provides of the Act, the Department has Tariff Schedule (‘‘HTSUS’’) category that the Department shall apply ‘‘facts determined that Ningbo Yinzhou did 7318.15.5060, and replaced the category otherwise available’’ if, inter alia, an not cooperate to the best of its ability to with two new HTSUS categories: interested party or any other person (A) comply with the Department’s requests 7318.15.5050 and 7318.15.5090. withholds information that has been for information. In particular, the Therefore, the Department has modified requested, (B) fails to provide Department gave specific instructions in the scope to reflect the new HTSUS information within the deadlines our questionnaires and the verification categories. established, or in the form or manner outline as to the purpose of and requested by the Department, subject to directions for submission and Changes Since the Preliminary subsections (c)(1) and (e) of section 782 Determination of the Act, (C) significantly impedes a 7 For example, the Department specifically asked Based on our findings at verification, proceeding, or (D) provides information Ningbo Yinzhou in its August 21, 2008, and additional information placed on that cannot be verified as provided by supplemental questionnaire whether any FOPs the record of this investigation, we have section 782(i) of the Act. Section 776(b) other than those reported were consumed by Zhonghuan in production of the subject made changes since the Amended of the Act provides further that the merchandise. Ningbo Yinzhou reported in its Preliminary Determination. As Department may use an adverse September 8, 2008, response that all factors discussed further below, we have inference when a party has failed to consumed by Zhonghuan in the production of the applied total adverse facts available cooperate by not acting to the best of its subject merchandise were reported. We discovered at verification that this statement was not correct, (‘‘AFA’’) to Ningbo Yinzhou for ability to comply with a request for and unreported factors were consumed in the purposes of this final determination. See information. production of the subject merchandise. Issues and Decision Memorandum at Pursuant to sections 776(a)(2)(A), (B), Additionally, Ningbo Yinzhou provided a sales Comment 5. (C), and (D) of the Act, we are applying reconciliation to the Department on August 8, 2008, that they claimed reconciled its U.S. sales database Based on our analysis of information facts otherwise available to Ningbo to its financial statements. At verification, we on the record of this investigation, and Yinzhou because it withheld certain discovered that the sales reconciliation did not tie comments received from the interested information that had been requested by the U.S. sales database to Ningbo Yinzhou’s parties, we have made changes to the the Department which significantly financial statements. For additional information and examples of situations where verification margin calculations for the RMB/IFI impeded the Department’s investigation. findings contradicted Ningbo Yinzhou’s Group. We have revalued certain Ningbo Yinzhou failed to provide questionnaire responses, see Issues and Decision surrogate values used in the Amended information regarding certain factors of Memorandum at Comment 5.
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verification of the reconciliation of Xinyue, CPII, Jiashan Zhongsheng, experience of the mandatory Ningbo Yinzhou’s U.S. sales database to Haiyan Dayu, and New Oriental respondents, excluding any de minimis Ningbo Yinzhou’s accounting records, (hereinafter referred to as ‘‘Separate Rate or zero rates or rates based on total AFA. and proper reporting of all FOPs for all Companies’’), and Ningbo Yinzhou, a See Preliminary Determination. For the models. Despite these extensive mandatory respondent, have provided final determination, because the instructions, provided numerous times company–specific information to Department based the rate for Ningbo over the course of the investigation, demonstrate that they operate Yinzhou on total AFA, the Department Ningbo Yinzhou failed to provide the independently of de jure and de facto has applied the RMB/IFI Group’s Department with adequate information government control, and therefore calculated rate for purposes of and supporting documentation to fully satisfy the standards for the assignment establishing a separate rate. See section verify its responses to the Department’s of a separate rate. 735(c)(5)(A) of the Act. Therefore, the questionnaires. In addition, despite No party has commented on the Department will assign the RMB/IFI multiple opportunities presented by the eligibility of these companies for Group’s calculated rate as the separate Department, Ningbo Yinzhou failed to separate rate status. For the final rate for the nine exporter/producer report certain FOPs and failed to report determination, we continue to find that combinations. This rate is corroborated, FOPs for each model in the U.S. sales the evidence placed on the record of to the extent practicable, for the reasons database. For a detailed description of this investigation by these companies stated below. See ‘‘Corroboration’’ each of the deficiencies, see Issues and demonstrates both a de jure and de facto section below. Decision Memorandum at Comment 5. absence of government control with respect to their exports of the The PRC–Wide Rate Surrogate Country merchandise under investigation. Thus, In the Preliminary Determination and In the Preliminary Determination and we continue to find that they are eligible unchanged in the Amended Preliminary unchanged in the Amended Preliminary for separate rate status. Normally, the Determination, the Department found Determination, we stated that we had separate rate is determined based on the that certain companies did not respond selected India as the appropriate estimated weighted–average dumping to our requests for information. See surrogate country to use in this margins established for exporters and Preliminary Determination, 73 FR at investigation for the following reasons: producers individually investigated, 58936. In the Preliminary Determination (1) it is a significant producer of excluding de minimis margins or we treated these PRC producers/ comparable merchandise; (2) it is at a margins based entirely on AFA. See exporters as part of the PRC–wide entity level of economic development section 735(c)(5)(A) of the Act. because they did not demonstrate that comparable to that of the PRC; and (3) In the Preliminary Determination and they operate free of government control we have reliable data from India that we unchanged in the Amended Preliminary over their export activities. Because can use to value FOPs. See Preliminary Determination, the Department stated these producers/exporters did not Determination. We received no that it could not deny the RMB/IFI provide information regarding their comments on our surrogate country Group separate rate status because the export activities, the Department has selection. Accordingly, for the final Department did not ask specifically for determined that application of facts determination, we made no changes to information relating to the RMB/IFI available (‘‘FA’’) is warranted. No our finding with respect to the selection Group’s separate rate eligibility. additional information was placed on of India as a surrogate country. However, subsequent to the Preliminary the record with respect to these Determination, on October 22, 2008, in companies after the Preliminary Separate Rates response to the Department’s inquiry, Determination. Therefore, pursuant to In proceedings involving non–market the RMB/IFI Group reported that it is a section 776(a)(2)(A) of the Act, the economy (‘‘NME’’) countries, the wholly foreign–owned company, and at Department continues to find that the Department begins with a rebuttable verification the Department found no use of FA is appropriate to determine presumption that all companies within discrepancies in the RMB/IFI Group’s the PRC–wide rate. the country are subject to government responses to the Department’s separate Section 776(b) of the Act provides control and, thus, should be assigned a rate questions. As the RMB/IFI Group is that, in selecting from among the facts single antidumping duty deposit rate. It wholly foreign–owned, a separate rate otherwise available, the Department is the Department’s policy to assign all analysis is not necessary to determine may employ an adverse inference if an exporters of merchandise subject to an whether it is independent from interested party fails to cooperate by not investigation in an NME country this government control. See Notice of Final acting to the best of its ability to comply single rate unless an exporter can Determination of Sales at Less Than with requests for information. See demonstrate that it is sufficiently Fair Value: Creatine Monohydrate From Notice of Final Determination of Sales independent so as to be entitled to a the People’s Republic of China, 64 FR at Less Than Fair Value: Certain Cold– separate rate. See Final Determination of 71104, 71105 (December 20, 1999) (the Rolled Flat–Rolled Carbon–Quality Steel Sales at Less Than Fair Value: Sparklers respondent was wholly foreign–owned, Products From the Russian Federation, from the People’s Republic of China, 56 and thus, qualified for a separate rate). 65 FR 5510, 5518 (February 4, 2000). FR 20588, 20589 (May 6, 1991), as Consequently, for the final See also Statement of Administrative amplified by Notice of Final determination we find that the evidence Action accompanying the URAA, H.R. Determination of Sales at Less Than placed on the record of this Rep. No. 103–316, vol. 1, at 870 (1994) Fair Value: Silicon Carbide from the investigation by the RMB/IFI Group (‘‘SAA’’). We determined that, because People’s Republic of China, 59 FR at demonstrates that it is eligible for a the PRC–wide entity did not respond to 22585, 22587 (May 2, 1994), and 19 CFR separate rate. our request for information, it has failed 351.107(d). In the Preliminary Determination and to cooperate to the best of its ability. In the Preliminary Determination and unchanged in the Amended Preliminary Therefore, the Department finds that, in unchanged in the Amended Preliminary Determination, the Department assigned selecting from among the facts Determination, we found that Shanghai to nine exporter/producer combinations otherwise available, an adverse Recky, Suntec Industries, Hangzhou that qualified for a separate rate a inference is appropriate for the PRC– Grand, Shanghai Prime, Jianxing weighted–average margin based on the wide entity.
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Because we begin with the and Tapered Roller Bearings, Four Preliminary Determination, 73 FR at presumption that all companies within Inches or Less in Outside Diameter, and 58931. This change in practice is an NME country are subject to Components Thereof, From Japan; described in Policy Bulletin 05.1, government control and because only Preliminary Results of Antidumping available at http://ia.ita.doc.gov/. Policy the companies listed under the ‘‘Final Duty Administrative Reviews and Bulletin 05.1, states: Determination Margins’’ section below Partial Termination of Administrative {w}hile continuing the practice of have overcome that presumption, we are Reviews, 61 FR 57391, 57392 (November assigning separate rates only to applying a single antidumping rate (i.e., 6, 1996), unchanged in Notice of Final exporters, all separate rates that the the PRC–wide entity rate) to all other Determination of Sales at Less Than Department will now assign in its exporters of subject merchandise from Fair Value: Certain Cold–Rolled Flat– NME investigations will be specific the PRC. Such companies did not Rolled Carbon–Quality Steel Products to those producers that supplied the demonstrate entitlement to a separate From Brazil, 65 FR 5554, 5568 (February exporter during the period of rate. See, e.g., Synthetic Indigo From the 4, 2000); see, e.g., Tapered Roller investigation. Note, however, that People’s Republic of China; Notice of Bearings and Parts Thereof, Finished one rate is calculated for the Final Determination of Sales at Less and Unfinished, From Japan, and exporter and all of the producers Than Fair Value, 65 FR 25706 (May 3, Tapered Roller Bearings, Four Inches or which supplied subject 2000). The PRC–wide entity rate applies Less in Outside Diameter, and merchandise to it during the period to all entries of subject merchandise Components Thereof, From Japan; Final of investigation. This practice except for entries from the respondents Results of Antidumping Duty applies both to mandatory which are listed in the ‘‘Final Administrative Reviews and respondents receiving an Determination Margins’’ section below. Termination in Part, 62 FR 11825 individually calculated separate In the Preliminary Determination and (March 13, 1997). rate as well as the pool of non– unchanged in the Amended Preliminary To corroborate the AFA margin we investigated firms receiving the Determination, we assigned to the PRC– have selected, we compared that margin weighted–average of the wide entity the highest rate calculated to the margins calculated for the RMB/ individually calculated rates. This from the petition, 206.00 percent. See IFI Group. We found that the margin of practice is referred to as the Preliminary Determination, 73 FR at 206.00 percent has probative value application of ‘‘combination rates’’ 58936. We received no comments on because it is in the range of margins because such rates apply to specific this rate. Therefore, for the final calculated for the RMB/IFI Group. See combinations of exporters and one determination, we have continued to October 1, 2008, Memorandum to the or more producers. The cash– assign to the PRC–wide entity the rate File, From Bobby Wong, Through Scot deposit rate assigned to an exporter of 206.00 percent. T. Fullerton, regarding: Antidumping will apply only to merchandise Duty Investigation of Certain Steel Corroboration both exported by the firm in Threaded Rod from the People’s question and produced by a firm Section 776(c) of the Act provides Republic of China: RMB/IFI Program that, when the Department relies on that supplied the exporter during Analysis for the Preliminary the period of investigation. secondary information in using the facts Determination, at 1. Accordingly, we otherwise available, it must, to the find that the rate of 206.00 percent is See Policy Bulletin 05.1, ‘‘Separate extent practicable, corroborate that corroborated within the meaning of Rates Practice and Application of information from independent sources section 776(c) of the Act. Combination Rates in Antidumping that are reasonably at its disposal. We Investigations Involving Non–Market have interpreted ‘‘corroborate’’ to mean Combination Rates Economy Countries.’’ that we will, to the extent practicable, In the Preliminary Determination, the Final Determination Margins examine the reliability and relevance of Department stated that it would the information submitted. See Tapered calculate combination rates for the We determine that the following Roller Bearings and Parts Thereof, respondents that are eligible for a percentage weighted–average margins Finished and Unfinished, From Japan, separate rate in this investigation. See exist for the POI:
CERTAIN STEEL THREADED ROD FROM THE PRC
Weighted–Average Exporter Producer Margin
RMB Fasteners Ltd., and IFI & Morgan Ltd. (‘‘RMB/IFI Group’’) Jiaxing Brother Fastener Co., Ltd. (aka Jiaxing Brother 55.16 Standard Parts Co., Ltd.) Ningbo Yinzhou Foreign Trade Co. Ltd...... Zhejiang Guorui Industry Co., Ltd.; or Ningbo Daxie 206.00% Chuofeng Industrial Development Co. Ltd.
Separate Rates Entities: Exporter Producer Margin
Shanghai Recky International Trading Co., Ltd...... Shanghai Xiangrong International Trading Co., Ltd.; 55.16 Shanghai Xianglong International Trading Co., Ltd.; Pighu City Zhapu Screw Cap Factory; or Jiaxing Xinyue Standard Part Co., Ltd. Suntec Industries Co., Ltd...... Jiaxing Xinyue Standard Part Co., Ltd.; or Haiyan 55.16 County No. 1 Fasteners Factory Hangzhou Grand Imp. & Exp. Co., Ltd...... Zhapu Creative Standard Parts Material Co., Ltd. 55.16 Shanghai Prime Machinery Co. Ltd...... Haiyan Yida Fasteners Co., Ltd.; or Jiaxing Xinyue 55.16 Standard Part Co., Ltd. Jiaxing Xinyue Standard Part Co., Ltd...... Jiaxing Xinyue Standard Part Co., Ltd. 55.16
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Separate Rates Entities: Exporter Producer Margin
Certified Products International Inc...... Jiashan Zhongsheng Metal Products Co., Ltd.; or Jiaxing 55.16 Xinyue Standard Part Co., Ltd. Zhejiang New Oriental Fastener Co., Ltd...... Zhejiang New Oriental Fastener Co., Ltd. 55.16 Jiashan Zhongsheng Metal Products Co., Ltd...... Jiashan Zhongsheng Metal Products Co., Ltd. 55.16 Haiyan Dayu Fasteners Co., Ltd...... Haiyan Dayu Fasteners Co., Ltd. 55.16 PRC–wide Entity ...... 206.00%
Disclosure Notification Regarding APO DEPARTMENT OF COMMERCE We will disclose the calculations This notice also serves as a reminder National Institute of Standards and performed within five days of the date to the parties subject to administrative Technology of publication of this notice to parties in protective order (‘‘APO’’) of their this proceeding in accordance with 19 responsibility concerning the Advisory Committee on Earthquake CFR 351.224(b). disposition of proprietary information Hazards Reduction Meeting Continuation of Suspension of disclosed under APO in accordance AGENCY: National Institute of Standards Liquidation with 19 CFR 351.305. Timely and Technology, Department of notification of return or destruction of We will instruct U.S. Customs and Commerce. APO materials or conversion to judicial Border Protection (‘‘CBP’’) to continue ACTION: Notice of open meeting. the suspension of liquidation required protective order is hereby requested. SUMMARY: The Advisory Committee on by section 735(c)(1)(B) of the Act, of all Failure to comply with the regulations Earthquake Hazards Reduction (ACEHR entries of subject merchandise from the and the terms of an APO is a or Committee), will hold a meeting on RMB/IFI Group, Ningbo Yinzhou, the sanctionable violation. Wednesday, March 25, 2009 from 2 p.m. Separate Rate Companies, and the PRC– This determination is issued and to 4 p.m. Eastern Standard Time (EST). wide entity entered, or withdrawn from published in accordance with sections The primary purpose of this meeting is warehouse, for consumption on or after 735(d) and 777(i)(1) of the Act. to review and finalize the Committee’s October 8, 2008, the date of publication Dated: February 20, 2009. draft reauthorization letter to the of the Preliminary Determination. CBP Interagency Coordinating Committee shall continue to require a cash deposit Ronald K. Lorentzen, (ICC). The draft letter will be posted on or the posting of a bond equal to the Acting Assistant Secretary for Import the NEHRP Web site at estimated amount by which the NV Administration. http://nehrp.gov/. Interested members of exceeds the U.S. price as shown above. Appendix the public will be able to participate in See section 735(c)(1)(B)(ii) of the Act. the meeting from remote locations by The suspension of liquidation I. General Issues: calling into a central phone number. instructions will remain in effect until further notice. Comment 1: Surrogate Financial Ratios DATES: The ACEHR will hold a meeting Comment 2: Treatment of Drawing on Wednesday, March 25, 2009, from 2 International Trade Commission Power as a Direct Material Input p.m. until 4 p.m. Eastern Standard Time Notification (EST). The meeting will be open to the Comment 3: Wire Rod & Round Bar In accordance with section 735(d) of public. Interested parties may the Act, we have notified the Comment 4: Hydrochloric Acid and participate in the meeting from their International Trade Commission (‘‘ITC’’) Trisodium Phosphate remote location. ADDRESSES: Questions regarding the of our final determination of sales at II. Ningbo Yinzhou Issues LTFV. As our final determination is meeting should be sent to National affirmative, in accordance with section Comment 5: Application of Facts Earthquake Hazards Reduction Program 735(b)(2) of the Act, within 45 days the Available for Ningbo Yinzhou Director, National Institute of Standards ITC will determine whether the and Technology, 100 Bureau Drive, Mail Comment 6: Ningbo Yinzhou and Stop 8630, Gaithersburg, Maryland domestic industry in the United States Zhonghuan/Guorui Verification Report is materially injured, or threatened with 20899–8630. For instructions on how to material injury, by reason of imports or Comment 7: Surrogate Value Selection participate in the meeting, please see sales (or the likelihood of sales) for Galvanizing Surrogate Value the SUPPLEMENTARY INFORMATION section of this notice. importation of the subject merchandise. III. RMB/IFI Issues If the ITC determines that material FOR FURTHER INFORMATION CONTACT: Dr. injury or threat of material injury does Comment 8: Surrogate Values Packing Jack Hayes, National Earthquake not exist, the proceeding will be Strips, Buckles, and Coal Hazards Reduction Program Director, National Institute of Standards and terminated and all securities posted will Comment 9: Limits to By–Product Offset be refunded or canceled. If the ITC Technology, 100 Bureau Drive, Mail determines that such injury does exist, Comment 10: Minor Corrections for the Stop 8630, Gaithersburg, Maryland the Department will issue an RMB/IFI Group 20899–8630. Dr. Hayes’ e-mail address antidumping duty order directing CBP [FR Doc. E9–4248 Filed 2–26–09; 8:45 am] is [email protected] and his phone to assess, upon further instruction by BILLING CODE 3510–DS–S number is (301) 975–5640. the Department, antidumping duties on SUPPLEMENTARY INFORMATION: The all imports of the subject merchandise Committee was established in entered, or withdrawn from warehouse, accordance with the requirements of for consumption on or after the effective Section 103 of the NEHRP date of the suspension of liquidation. Reauthorization Act of 2004 (Pub. L.
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108–360). The Committee is composed those who had wished to speak but Council address: New England of 15 members appointed by the could not be accommodated, and those Fishery Management Council, 50 Water Director of NIST, who were selected for who were unable to participate are Street, Mill 2, Newburyport, MA 01950. their technical expertise and experience, invited to submit written statements to established records of distinguished the ACEHR, National Institute of FOR FURTHER INFORMATION CONTACT: Paul professional service, and their Standards and Technology, 100 Bureau J. Howard, Executive Director, New knowledge of issues affecting the Drive, MS 8630, Gaithersburg, Maryland England Fishery Management Council; National Earthquake Hazards Reduction 20899–8630, via fax at (301) 975–5433, telephone: (978) 465–0492. Program. In addition, the Chairperson of or electronically by e-mail to SUPPLEMENTARY INFORMATION: the U.S. Geological Survey (USGS) [email protected]. Scientific Earthquake Studies Advisory All participants of the meeting are Tuesday, March 17, 2009 Committee (SESAC) serves in an ex- required to pre-register to be admitted. officio capacity on the Committee. The Anyone wishing to participate must The Scientific and Statistical Committee assesses: register by close of business Monday, Committee (SSC) will conduct a review • Trends and developments in the March 23, 2009, in order to be admitted. of proposed methods for analyzing the science and engineering of earthquake Please submit your name, time of economic and social impacts of hazards reduction; participation, e-mail address, and phone measures to be included in the Draft • The effectiveness of NEHRP in number to Tina Faecke. At the time of Environmental Impact Statement performing its statutory activities registration, participants will be associated with Amendment 15 to the (improved design and construction provided with detailed instructions on Sea Scallop Fishery Management Plan; methods and practices; land use how to dial in from a remote location in proposed methods for determining controls and redevelopment; prediction order to participate. Non-U.S. citizens monkfish acceptable biological catch techniques and early-warning systems; must also submit their country of and accountability measures; and coordinated emergency preparedness citizenship, title, employer/sponsor, and discuss further planning for a proposed plans; and public education and address with their registration. Ms. Ecosystem-based Fishery Management involvement programs); • Faecke’s e-mail address is Workshop and any other outstanding Any need to revise NEHRP; and [email protected], and her phone number • The management, coordination, committee business related to SSC is (301) 975–5911. implementation, and activities of meeting schedules, priorities and NEHRP. Dated: February 23, 2009. attendance. Background information on NEHRP Patrick Gallagher, Wednesday, March 18, 2009 and the Advisory Committee is available Deputy Director. at http://nehrp.gov/. [FR Doc. E9–4233 Filed 2–26–09; 8:45 am] The SSC will review the Habitat Plan Pursuant to the Federal Advisory BILLING CODE 3510–13–P Development Team’s methods and Committee Act, 5 U.S.C. app. 2, notice analyses of gear effects, vulnerability is hereby given that the Advisory assessment and adverse impacts Committee on Earthquake Hazards DEPARTMENT OF COMMERCE evaluations associated with Draft Reduction (ACEHR) will hold a meeting Habitat Omnibus #2, an action that will National Oceanic and Atmospheric on Wednesday, March 25, 2009 from 2 update all New England Council fishery p.m. to 4 p.m. Eastern Daylight Time Administration management plan essential fish habitat (EST). There will be no central meeting RIN: 0648–XN57 (EFH) designations and include location. The public is invited to participate in the meeting by calling in measures to reduce adverse impacts on New England Fishery Management EFH. from remote locations. The primary Council; Public Meeting purpose of this meeting is to review and Although non-emergency issues not finalize the Committee’s draft AGENCY: National Marine Fisheries contained in this agenda may come reauthorization letter to the Interagency Service (NMFS), National Oceanic and before this group for discussion, those Coordinating Committee (ICC). The draft Atmospheric Administration (NOAA), issues may not be the subject of formal letter will be posted on the NEHRP Web Commerce. action during this meeting. Action will site at http://nehrp.gov/. ACTION: Notice; public meeting. be restricted to those issues specifically Individuals and representatives of listed in this notice and any issues SUMMARY: The New England Fishery organizations who would like to offer arising after publication of this notice comments and suggestions related to the Management Council (Council) is scheduling a public meeting of its that require emergency action under Committee’s affairs are invited to section 305(c) of the Magnuson-Stevens request detailed instructions on how to Scientific and Statistical Committee, on March 17–18, 2009, to consider actions Act, provided the public has been dial in from a remote location to notified of the Council’s intent to take participate in the meeting. affecting New England fisheries in the final action to address the emergency. Approximately fifteen minutes will be exclusive economic zone (EEZ). reserved from 3:45 p.m.–4 p.m. Eastern Recommendations from this group will Special Accommodations Standard Time (EST) for public be brought to the full Council for formal comments, and speaking times will be consideration and action, if appropriate. This meeting is physically accessible assigned on a first-come, first-serve DATES: This meeting will be held on to people with disabilities. Requests for basis. The amount of time per speaker Tuesday, March 17, 2009 at 10 a.m. and sign language interpretation or other will be determined by the number of Wednesday, March 18, 2009 at 9 a.m. auxiliary aids should be directed to Paul requests received, but is likely to be ADDRESSES: The meeting will be held at J. Howard, Executive Director, at (978) about 3 minutes each. Questions from the Courtyard by Marriott Hotel, 225 465–0492, at least 5 days prior to the the public will not be considered during McClellan Highway, Boston, MA 02128; meeting date. this period. Speakers who wish to telephone: (617) 569–5250; fax: (617) Authority: 16 U.S.C. 1801 et seq. expand upon their oral statements, 561–0971.
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Dated: February 24, 2009. FOR FURTHER INFORMATION CONTACT: 3. June 4, 2009, from 10 a.m.–2 p.m., Tracey L. Thompson, Richard A. Pearson by phone: (727) Jefferson Parrish Library—Rosedale Acting Director, Office of Sustainable 824–5399, or by fax: (727) 824–5398. Branch, 4036 Jefferson Highway, Old Fisheries, National Marine Fisheries Service. SUPPLEMENTARY INFORMATION: The Jefferson, LA 70121. [FR Doc. E9–4186 Filed 2–26–09; 8:45 am] workshop schedules, registration Registration BILLING CODE 3510–22–S information, and a list of frequently asked questions regarding these To register for a scheduled Atlantic workshops are posted on the Internet at: Shark Identification Workshop, please DEPARTMENT OF COMMERCE http://www.nmfs.noaa.gov/sfa/hms/ contact Eric Sander by e-mail at workshops/. [email protected] or by phone at National Oceanic and Atmospheric (386) 852–8588. Administration Atlantic Shark Identification Workshops Registration Materials RIN 0648–XN27 To ensure that workshop certificates Since December 31, 2007, Atlantic are linked to the correct permits, shark dealers have been prohibited from Schedules for Atlantic Shark participants will need to bring the receiving, purchasing, trading, or Identification Workshops and following items to the workshop: Protected Species Safe Handling, bartering for Atlantic sharks unless a Atlantic shark dealer permit holders Release, and Identification Workshops valid Atlantic Shark Identification must bring proof that the individual is Workshop certificate is on the premises an agent of the business (such as articles AGENCY: National Marine Fisheries of each business listed under the shark Service (NMFS), National Oceanic and of incorporation), a copy of the dealer permit which first receives applicable permit, and proof of Atmospheric Administration (NOAA), Atlantic sharks (71 FR 58057; October 2, Commerce. identification. 2006). Dealers who attend and Atlantic shark dealer proxies must ACTION: Notice of public workshops. successfully complete a workshop are bring documentation from the shark issued a certificate for each place of SUMMARY: NMFS announces free dealer acknowledging that the proxy is business that is permitted to receive attending the workshop on behalf of the Atlantic Shark Identification Workshops sharks. These certificate(s) are valid for and Protected Species Safe Handling, permitted Atlantic shark dealer for a three years. specific business location, a copy of the Release, and Identification Workshops Currently permitted dealers may send to be held in April, May, and June of appropriate permit, and proof of a proxy to an Atlantic Shark identification. 2009. Certain fishermen and shark Identification Workshop. However, if a dealers are required to attend a dealer opts to send a proxy, the dealer Workshop Objectives workshop to meet regulatory must designate a proxy for each place of requirements and maintain valid The shark identification workshops business covered by the dealer’s permit are designed to reduce the number of permits. Specifically, the Atlantic Shark which first receives Atlantic sharks. Identification Workshop is mandatory unknown and improperly identified Only one certificate will be issued to sharks reported in the dealer reporting for all federally permitted Atlantic shark each proxy. A proxy must be a person dealers. The Protected Species Safe form and increase the accuracy of who: is currently employed by a place species-specific dealer-reported Handling, Release, and Identification of business covered by the dealer’s Workshop is mandatory for vessel information. Reducing the number of permit; is a primary participant in the unknown and improperly identified owners and operators who use bottom identification, weighing, and/or first longline, pelagic longline, or gillnet sharks will improve quota monitoring receipt of fish as they are offloaded from and the data used in stock assessments. gear, and have also been issued shark or a vessel; and fills out dealer reports. swordfish limited access permits. These workshops will train shark dealer Atlantic shark dealers are prohibited permit holders or their proxies to Additional free workshops will be held from renewing a Federal shark dealer in 2009 and announced in the Federal properly identify Atlantic shark permit unless a valid Atlantic Shark carcasses. Register. Identification Workshop certificate for DATES: The Atlantic Shark Identification each business location which first Protected Species Safe Handling, Workshops will be held April 22, May receives Atlantic sharks has been Release, and Identification Workshops 7, and June 4, 2009. submitted with the permit renewal Since January 1, 2007, shark limited The Protected Species Safe Handling, application. The certificate(s) are valid access and swordfish limited access Release, and Identification Workshops for three years. Additionally, trucks or permit holders who fish with longline will be held April 22, April 29, May 6, other conveyances which are extensions or gillnet gear, have been required to May 20, June 17, and June 24, 2009. of a dealer’s place of business must submit a copy of their Protected Species See SUPPLEMENTARY INFORMATION for possess a copy of a valid dealer or proxy Safe Handling, Release, and further details. Atlantic Shark Identification Workshop Identification Workshop certificate in ADDRESSES: The Atlantic Shark certificate. Approximately 30 free order to renew either permit (71 FR Identification Workshops will be held in Atlantic Shark Identification Workshops 58057; October 2, 2006). These South Boston, MA; Vero Beach, FL; and have been conducted since January certificate(s) are valid for three years. As Old Jefferson (New Orleans), LA. 2007. such, vessel owners who have not The Protected Species Safe Handling, already attended a workshop and Workshop Dates, Times, and Locations Release, and Identification Workshops received a NMFS certificate, or if their will be held in Manahawkin, NJ; 1. April 22, 2009, from 1 p.m.–5 p.m., certificate(s) are due to expire in 2009, Panama City, FL; Kitty Hawk, NC; South Boston Public Library, 646 East must attend one of the workshops Ocean City, MD; Key Largo, FL; and Broadway, South Boston, MA 02127. offered in 2009 to fish with or renew Houston, TX. 2. May 7, 2009, from 9 a.m.–2 p.m., either permit. Additionally, new shark See SUPPLEMENTARY INFORMATION for Leisure Square—TUFF Room, 3705 16th and swordfish limited access permit further details on workshop locations. Street, Vero Beach, FL 32960. applicants who intend to fish with
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longline or gillnet gear must attend a incorporation), a copy of the applicable DEPARTMENT OF COMMERCE Protected Species Safe Handling, permit(s), and proof of identification. National Telecommunications and Release, and Identification Workshop Vessel operators must bring proof of Information Administration and submit a copy of their workshop identification. certificate before either of the permits will be issued. Workshop Objectives DEPARTMENT OF AGRICULTURE In addition to certifying permit holders, all longline and gillnet vessel The protected species safe handling, FEDERAL COMMUNICATIONS operators fishing on a vessel issued a release, and identification workshops COMMISSION limited access swordfish or limited are designed to teach longline and access shark permit are required to gillnet fishermen the required Notice: American Recovery and attend a Protected Species Safe techniques for the safe handling and Reinvestment Act of 2009 Broadband Handling, Release, and Identification release of entangled and/or hooked Initiatives Workshop and receive a certificate. The protected species, such as sea turtles, AGENCY: National Telecommunications certificate(s) are valid for three years. marine mammals, and smalltooth and Information Administration, U.S. Vessels that have been issued a limited sawfish. The proper identification of Department of Commerce; Rural access swordfish or limited access shark protected species will also be taught at Development, U.S. Department of permit may not fish unless both the these workshops in an effort to improve Agriculture; Federal Communications vessel owner and operator have valid reporting. Additionally, individuals Commission workshop certificates onboard at all attending these workshops will gain a ACTION: Joint Notice of Public Meeting times. Approximately 60 free Protected better understanding of the Species Safe Handling, Release, and requirements for participating in these SUMMARY: The National Identification Workshops have been fisheries. The overall goal of these Telecommunications and Information conducted since 2006. workshops is to provide participants Administration (NTIA), U.S. Workshop Dates, Times, and Locations with the skills needed to reduce the Department of Agriculture’s Office of mortality of protected species, which Rural Development, and Federal 1. April 22, 2009, from 9 a.m.–5 p.m., may prevent additional regulations on Communications Commission (FCC) Holiday Inn, 151 Route 72 East, these fisheries in the future. will host a public meeting on March 10, Manahawkin, NJ 08050. 2009, in connection with the Broadband 2. April 29, 2009, from 9 a.m.–5 p.m., Grandfathered Permit Holders Initiatives funded by the American Hilton Garden Inn, 1101 North Highway Recovery and Reinvestment Act of 2009, 231, Panama City, FL 32405. Participants in the industry-sponsored Public Law No. 111-5. workshops on safe handling and release 3. May 6, 2009, from 9 a.m.–5 p.m., DATES: The meeting will be held on of sea turtles that were held in Orlando, Hilton Garden Inn, 5353 North Virginia March 10, 2009, from 10:00 a.m. to FL (April 8, 2005) and in New Orleans, Dare Trail, Kitty Hawk, NC 27949. 11:30 a.m., Eastern Standard Time. 4. May 20, 2009, from 9 a.m.–5 p.m., LA (June 27, 2005) were issued a NOAA ADDRESSES: The meeting will be held at Princess Bayside Hotel, 4801 Coastal workshop certificate in December 2006 the U.S. Department of Commerce, Highway, Ocean City, MD 21842. that is valid for three years. These National Telecommunications and workshop certificates may be expiring 5. June 17, 2009, from 9 a.m.–5 p.m., Information Administration, 1401 in 2009. Vessel owners and operators Holiday Inn, 99701 Overseas Highway, Constitution Avenue, N.W., Key Largo, FL 33037. whose certificates expire prior to permit Auditorium, Washington, D.C. (Please 6. June 24, 2009, from 9 a.m.–5 p.m., renewal in 2009 must attend a enter at 14th Street.) The disability Holiday Inn, 8611 Airport Boulevard, workshop, successfully complete the accessible entrance is located at the 14th Houston, TX 77061. course, and obtain a new certificate in Street Aquarium Entrance. The meeting Registration order to renew their limited access location is subject to change. Any shark and limited access swordfish change in the location will be posted on To register for a scheduled Protected permits. Failure to provide a valid NTIA’s website (www.ntia.doc.gov) Species Safe Handling, Release, and NOAA workshop certificate could result prior to the meeting. Identification Workshop, please contact in a permit denial. Angler Conservation Education at (877) FOR FURTHER INFORMATION CONTACT: For 411–4272, 1640 Mason Avenue, Dated: February 24, 2009. further information regarding the Daytona Beach, FL 32117. Emily H. Menashes, meeting, contact Barbara Brown, NTIA, at (202) 482–4374 or Registration Materials Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [email protected] or Mary Campanola, Rural Development, at To ensure that workshop certificates [FR Doc. E9–4283 Filed 2–26–09; 8:45 am] (202)-720-8822 or are linked to the correct permits, BILLING CODE 3510–22–P participants will need to bring the [email protected] or Christi following items with them to the Shewman, FCC, at (202) 418-1686 or workshop: [email protected]. Individual vessel owners must bring a SUPPLEMENTARY INFORMATION: The copy of the appropriate permit(s), a American Recovery and Reinvestment copy of the vessel registration or Act of 2009 was signed into law on documentation, and proof of February 17, 2009. The Broadband identification. Initiatives funded in the Act are Representatives of a business owned intended to accelerate broadband or co-owned vessel must bring proof deployment in unserved, underserved, that the individual is an agent of the and rural areas and to strategic business (such as articles of institutions that are likely to create jobs
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or provide significant public benefits. SUMMARY: The U.S. Army Corps of Project Description: The project NTIA, Rural Development, and the Engineers, Galveston District announces includes widening the Freeport Harbor Federal Communications Commission the availability of the Record of Jetty Channel beginning at Channel will host a public meeting to discuss the Decision (ROD), for the Final Station 63+35 with a gradual widening, broadband initiatives funded by the Act, Environmental Impact Statement (FEIS) at the authorized depth, up to an including the new Broadband for the Port Freeport’s proposal to widen additional 150 feet (ft) for about 1,835 Technology Opportunities Program, the the Freeport Harbor Ship Channel. The ft to Channel Station 45+00. From that new Rural Development Broadband FEIS was made available for public point to Channel Station 40+00 the Program, and the development of a review and comment on January 11, widening would be less gradual from National Broadband Plan. The public 2008. Comments received during the the additional 150 ft to an additional meeting agenda and information about FEIS comment period are addressed in 200 ft. Through the rest of the Jetty the new program will be available at the ROD. The ROD discloses the Channel and to the end of the Freeport NTIA’s website at http:// decision to issue a Department of the Harbor Entrance Channel (Channel www.ntia.doc.gov/broadbandgrants, Army permit for the proposed project. Station ¥260+00), the channel would Rural Development’s website at http:// DATES: The waiting period for the FEIS be widened an additional 200 ft. The www.usda.gov/rurdev, and the FCC’s ended February 11, 2008. The ROD was length of channel proposed for website at http://www.fcc.gov. This will signed on February 3, 2009. widening is about 6.1 miles, of which 5.7 miles would be widened by 200 ft. be the first of several Public Meetings. ADDRESSES: Questions about this action The project depth will remain at the Public attendance at the meeting is may be addressed to the USACE, authorized depth of 45 ft in the Jetty limited to space available. The meeting Galveston District, Attn: Sam J. Watson, Channel and 47 ft in the Entrance will be physically accessible to people P.O. Box 1229, Galveston, TX 77553– Channel. The widening would generate with disabilities. Individuals requesting 1229; or by calling 409–766–3946. accommodations, such as sign language approximately 3.2 million cubic yards SUPPLEMENTARY INFORMATION: (mcy) of new work dredged material. interpretation or other ancillary aids, are Authority: This Federal Action is in Approximately 2.9 mcy of the new work asked to indicate this to Barbara Brown consideration of a Department of the material would consist of clay material at least two (2) days prior to the Army Permit application for work under and about 300,000 cubic yards (cy) meeting. Members of the public will Section 10 of the Rivers and Harbors Act would consist of silty/sand material. have an opportunity to ask questions at of 1899 (33 U.S.C. 403), Section 404 of The ocean dredged material disposal the meeting. The meeting will be the Clean Water Act (33 U.S.C. 1344) sites (ODMDS) previously designated streamed on the Web with captions and and Section 103 of the Marine for the existing Freeport Harbor Ship the archive will be made available on Protection and Sanctuaries Act Channel, would be used for placement NTIA’s website at http:// (MPRSA) (33 U.S.C. 1413). of the 2.9 mcy of clay/silt material and www.ntia.doc.gov/broadbandgrants and Background: In April 2005, Port of maintenance material. The 300,000 cy of Rural Development’s website at http:// Freeport submitted a Department of silty/sand material would be used www.usda/rurdev. Army Permit Application to widen beneficially and placed on Quintana Dated: February 23, 2009. portions of the Freeport Harbor Jetty Beach in front of the Seaway upland Bernadette McGuire-Rivera, Channel and all of the Freeport Harbor confined placement area. Associate Administrator, Office of Entrance Channel from 400 feet (ft) to Telecommunications and Information 600 ft. It was determined that an Brenda S. Bowen, Applications. Environmental Impact Statement would Army Federal Register Liaison Officer. Dated: February 23, 2009. be required for the proposed project. [FR Doc. E9–4197 Filed 2–26–09; 8:45 am] David P. Grahn, Since the November 29, 2005 Scoping BILLING CODE 3720–58–P Meeting, the consulting firm of PBS&J, Associate General Counsel, Rural Development. under the direction of the Galveston District, U.S. Army Corps of Engineers DEPARTMENT OF DEFENSE Dated: February 23, 2009. (USACE), prepared an Environmental P. Michele Ellison, Impact Statement for the proposed Department of the Army; Corps of Acting General Counsel, Federal project. The ROD is now available to the Engineers Communications Commission. public. Final Supplement to the Environmental [FR Doc. E9–4194 Filed 2–26–09; 8:45 am] Availability of the ROD: The ROD for Impact Statement To Evaluate BILLING CODE 3510–60–S the proposed Freeport Channel Widening project is being made Construction of Authorized available to Federal, State, and local Improvements to the Gulfport Harbor Federal Navigation Project in Harrison DEPARTMENT OF DEFENSE agencies and all interested parties. The ROD can be viewed or downloaded at: County, MS Department of the Army; Corps of http://www.swg.usace.army.mil/reg/. AGENCY: Department of the Army, U.S. Engineers Location: The project is located in the Army Corps of Engineers, DoD. Freeport Harbor Channel, Brazoria ACTION: Notice of availability. Notice of Availability of the Record of County, TX. Specifically, the project site Decision for the Final Environmental is located along the northern edge of the SUMMARY: This notice of availability Impact Statement for the Brazos River Freeport Harbor Jetty and Entrance announces the public release of the Harbor Navigation District’s (Port Channels, between the towns of Final Supplement to the Environmental Freeport) Proposed Widening of the Surfside and Quintana, TX. The project Impact Statement (SEIS) to evaluate Freeport Harbor Ship Channel can be located on the U.S. Geological construction of authorized AGENCY: Department of the Army, U.S. Survey quadrangle map entitled improvements to the Gulfport Harbor Army Corps of Engineers, DOD. Freeport, TX. Approximate UTM Federal navigation project in Harrison Coordinates: NAD 83, UTM 14N, County, MS. The Mobile District, U.S. ACTION: Notice of availability. 861095.730029, 3206475.762543. Army Corps of Engineers (Corps)
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published in the Federal Register, Harbor Act approved July 3, 1958 southern limits of the basin seaward March 31, 2006, (71 FR 16294) a Notice (Senate Document Number 123, 84th about 1,180 feet along the west pier and of Intent to Prepare a Draft SEIS to Congress, 2nd Session) adopted the 2,300 feet along the west side of the address the potential impacts associated small boat harbor as part of the existing Ship channel, decreasing the width of with construction of authorized Federal project. Deepening the turning basin from 1,320 feet, as improvements to the Federal Gulfport improvements to the existing Federal presently authorized, to 1,120 feet, and Harbor navigation project in Harrison project at Gulfport Harbor was deepening the basin and adjusted County, MS. The Corps published in the authorized in the Supplemental channel approach to 36 feet. Federal Register, February 9, 2007, (72 Appropriations Act of 1985 (Pub. L. 99– Improvements of the Gulfport Harbor FR 6224) a Notice of Availability of the 88), which was approved on August 15, navigation project was initially Draft SEIS. Comments were received 1985. The project was also authorized in authorized by the Fiscal Year 1985 and incorporated into the Final SEIS. the Water Resources Development Act Supplemental Appropriations Act (Pub. The Final SEIS will be used as a basis (WRDA) of 1986 (Pub. L. 99–662), L. 99–88) in accordance with the 1976 for ensuring compliance with the which was approved November 17, Feasibility Report. As a result of this National Environmental Policy Act 1986, and provided for development to authorization, studies were initiated (NEPA). The Corps’ proposed action in deepen and widen the existing ship relative to the island construction the Final SEIS includes widening the channel 36 feet by 300 feet in within the Sound and the impacts of Federally authorized Mississippi Sound Mississippi Sound, and 38 feet by 400 thin-layer disposal of new work channel to 300 feet and the Bar channel feet across the bar, with changes in the material. This initial authorization was to 400 feet. In addition, disposal of the channel alignment and entrance to the subsequently modified by the WRDA of associated dredged material would be anchorage basin for safe and 1986. A revised Draft Environmental placed beneficially in water depths of unrestricted navigation. Impact Statement (EIS), circulated in 25 feet or greater east of the Chandeleur The 1976 Feasibility Report 1988, considered widening and Islands and material dredged from considered a number of improvement deepening the existing Gulfport Harbor within the Ship Island Pass (littoral plans, such as widening the Mississippi navigation channel to the authorized zone) would be placed in the existing Sound channel to 300 feet at the dimensions. In addition, five alignments littoral zone disposal area in water existing 30-foot depth and deepening for the channel segment through Ship depths between 14 feet and 18 feet. the channel in 2-foot increments to a Island Pass were also considered. Future maintenance material dredged maximum depth of 36 feet. In addition, Material from the construction and from the navigation channel would be widening the channel across the bar into maintenance of the project were to be placed in open-water sites within the Gulf of Mexico to 400 feet at the disposed of in the ocean sites. The Mississippi Sound utilizing thin-layer existing 32-foot depth and deepening WRDA of 1988 further modified the disposal methods, the existing littoral the channel in 2-foot increments to a authorized project to include disposing zone disposal area, and within the maximum depth of 38 feet were also of construction material via thin-layer existing Ocean Dredged Material evaluated. The Corps analyzed disposal in Mississippi Sound under a Disposal Sites. realignment of the Ship Island channel, demonstration program. The ADDRESSES: To receive an electronic adjustment of the turning basin’s width, maintenance material would be copy of the Final SEIS or to submit and enlargement of the channel disposed of in Mississippi Sound under comments, contact U.S. Army Corps of entrance into the turning basin. A a plan developed by the Secretary Engineers, Mobile District, Planning number of disposal options were approved by the Administrator of the Division, P.O. Box 2288, Mobile, AL considered including: open-water Environmental Protection Agency. The 36628–0001. A copy of the full alongside of the channels, island Corps published an EIS in June 1989 document may also be viewed at the creation within Mississippi Sound, and evaluating deepening and widening Public Library in Gulfport, Mississippi. use of specially designed equipment to Gulfport Harbor with subsequent FOR FURTHER INFORMATION CONTACT: transport the dredged material to sites placement via thin-layer and ocean Questions about the proposed action within the Gulf of Mexico. The 1976 disposal. The Final SEIS uses the 1989 and the Final SEIS should be addressed Feasibility Report recommended EIS as a reference during its evaluation to Ms. Jennifer L. Jacobson, Chief, enlarging the Bar channel to 38 feet by of constructing Gulfport Harbor to the Coastal Environment Team, phone (251) 400 feet from the 38-foot depth contour authorized project dimension. The Final 690–2724, Mobile District, U.S. Army in the Gulf of Mexico for a distance of SEIS evaluates any new conditions that Corps of Engineers, P.O. Box 2288, about 9.1 miles to a point in Mississippi were not previously addressed in the Mobile, AL 36628 or e-mail address: Sound near the western end of Ship 1989 EIS. [email protected]. Island; and enlarging the Mississippi 2. Alternative scenarios considered SUPPLEMENTARY INFORMATION: Sound channel to 36 feet by 300 feet for include the ‘‘No action’’ alternative and 1. Gulfport Harbor is located in a distance of about 11.8 miles between widening to the Federally authorized Harrison County, MS on Mississippi the inner end of the Gulf Entrance dimension of 300 feet in the Mississippi Sound about equidistant (80 miles) from channel and the turning basin at Sound channel and 400 feet in the Bar New Orleans, LA, and Mobile, AL. The Gulfport; realigning the Bar channel channel. In addition, an array of existing project was adopted by the through Ship Island Pass to a location disposal options were evaluated for River and Harbor Act approved July 3, generally parallel to and about 1,000 placement of dredged material 1930 (House Document number 692, feet west of that presently authorized, associated with construction of the 69th Congress, 2nd Session) and the with a deposition basin for littoral drift project to its authorized dimension River and Harbor Act approved June 30, 38 feet deep, 300 feet wide and 2,000 including future maintenance material. 1948 (House Document Number 112, feet long adjacent to the east side of the As a comment to the Draft SEIS, the 81st Congress, 1st Session). channel at the west end of Ship Island; Corps received requests from Louisiana Construction of the existing Federal and enlarging and adjusting the Department of Natural Resources (DNR), project commenced in 1932, and was dimensions of the turning basin and dated June 19, 2007, Mississippi completed in 1950. The River and channel entrance by extending the Department of Marine Resources, dated
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June 29, 2007, and St. Bernard Parish, proposed actions may have a significant specific project components are being dated April 2, 2007, to consider impact on the quality of the human proposed: beneficial use of dredged material environment and therefore requires the a. Hawthorne Mill East: This portion associated with Gulfport Harbor preparation of an Environmental Impact of the project site will have two construction within the vicinity of Statement (EIS). Although the two components: A transit oriented mixed- Chandeleur and Cat Islands. Based on projects are separate projects with use development and a conservation these discussions, a new alternative has independent utility, the USACE and the area. The development area includes been evaluated in the Final SEIS. This City have elected to consider these two approximately 110 acres. The majority alternative considers beneficial related projects in a single document to of the development would occur on the placement of material dredged during allow for concurrent processing of north side of McCoy Creek. As construction of Gulfport Harbor to its requested entitlements. A combined proposed, 59.3 acres will be devoted to authorized dimension in water depths Environmental Impact Report (EIR)/EIS development of approximately 501 of 25 feet or greater east of the will be prepared with the USACE as the residential units, while 6.5 acres will be Chandeleur Islands. Future maintenance Federal lead agency and the City of devoted to high density residential material dredged from the navigation Fairfield (City) as the local lead agency units. Commercial uses, including two channel would be placed in open-water (under the California Environmental restaurants, are planned on 1.6 acres at sites within Mississippi Sound utilizing Quality Act, or CEQA). the Peabody-Cement Hill Road thin-layer disposal methods, the The Hawthorne Mill East project is intersection. Mixed use retail is planned existing littoral zone disposal area, and intended to become an integral part of for 2.4 acres along Cement Hill Road. within the existing Ocean Dredged the City’s proposed train station by Other land uses include: Parks and open Material Disposal Sites. contributing to the creation of a space encompassing 5.3 acres; rights of 3. Public comments can be submitted populated, mixed-use transit hub and way encompassing 26.9 acres; storm through a variety of methods. Written complementing the urban development water and water quality features on 5.2 comments may be submitted to the principles as contemplated by the City. acres; and a community recreation Corps by mail, facsimile, or electronic The proposed action is intended to: (1) center with clubhouse and pool on 1.7 methods. The public comment period Maximize long-term land use acres. Access to the project site will be for the Final SEIS will extend through opportunities presented by the rail from three locations along Cement Hill March 29, 2009. station by including a mix of land uses Road. A single, clear span bridge over McCoy Creek will be provided between Dated: February 18, 2009. within walking distance of the station; (2) maximize pedestrian and bicycle the high density and retail uses in the Curtis M. Flakes, access between residential and northwestern corner of the project site. Chief, Planning and Environmental Division. commercial development and the train The internal road system will be [FR Doc. E9–4203 Filed 2–26–09; 8:45 am] station; (3) meet the City’s regional designed to promote pedestrian and BILLING CODE 3720–58–P housing needs requirements in a bicycle traffic and direct connections manner that minimizes pressure on provided to the planned train station. regional highway facilities; (4) The conservation area includes DEPARTMENT OF DEFENSE contribute to the clear identity of the approximately 273 acres which support 63.04 acres of wetlands, 2.155 acres of Department of the Army, Corps of train station as a comfortable, attractive, McCoy Creek, as well as 4.657 acres of Engineers and vibrant public realm; and (5) provide appropriate protection of aquatic areas associated with the McCoy Notice of Intent To Prepare a Draft sensitive natural resources. The purpose Basin. The conservation area also Environmental Impact Statement for of the Hawthorne Mill West project is to supports a large population of the the Proposed Hawthorne Mill Project, provide residential housing to fulfill the federally listed Contra Costa goldfields Fairfield, Solano County, CA unmet needs of the City of Fairfield and (Lasthenia conjugens). The conservation to contribute to regional growth area would be preserved in perpetuity AGENCY: Department of the Army, U.S. management by locating residential and would be managed for the benefit Army Corps of Engineers, DoD. development on an infill site that is of the natural resources located on the ACTION: Notice of intent. contiguous with existing development. site. b. Hawthorne Mill West: This portion FOR FURTHER INFORMATION CONTACT: SUMMARY: The U.S. Army Corps of Mr. of the project site encompasses Engineers (USACE), San Francisco Bryan Matsumoto, 415–503–6786, or approximately 30 acres and will include District, has received applications for electronic mail: 172 residential units occupying 18.3 Department of the Army authorizations [email protected]; or acres. The development will also from Edenbridge, Incorporated (EI) to Mr. David Feinstein, 707–428–7448, or include 9.3 acres of rights of way, 0.5 construct two projects in the City of electronic mail: acres of park/open space, and 1.4 acres Fairfield, Solano County, CA. One [email protected]. for storm water and water quality project, Hawthorne Mill East, is a SUPPLEMENTARY INFORMATION: features. Site access will be provided by mixed-residential development project 1. Description of Proposed actions: an extended Portland Drive and will and the second, Hawthorne Mill West, The Hawthorne Mill project sites are connect directly to adjacent residential is a residential development project. located within the City of Fairfield, CA, developments to the west. Development of Hawthorne Mill East north of Airbase Parkway, south of 2. Reasonable Alternatives: In will require permanent placement of fill Cement Hill Road, and west of Peabody accordance with the requirements of in 37.8 acres of waters of the U.S. Road. The project sites are comprised of Section 15124 of the State CEQA Hawthorne Mill West would result in eleven Fairfield Assessor’s parcels, Guidelines and 40 CFR 1502.14, permanent impacts to 0.5 acres of which encompass 453.8 acres located at reasonable alternatives to the proposed waters of the U.S. In accordance with the southwest corner of Cement Hill action will be evaluated in the Draft the National Environmental Policy Act Road and Peabody Road, on the north EIR/EIS. The following alternatives have (NEPA) of 1969 (42 U.S.C. 4321 et seq.), side of the adjacent Union Pacific been preliminarily identified for the USACE has determined that the Railroad right-of-way. The following consideration in the Draft EIR/EIS: (1)
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No Federal Action Alternative; (2) Engineers, 1455 Market Street, CESPN– could be implemented within the U.S. Proposed Projects; (3) Reduced Aquatic R–N, San Francisco, CA 94103–1398, or; Army Corps of Engineers, (USACE) Impacts Alternative; (4) Previously Mr. David Feinstein, Senior Planner, missions, Navajo County has indicated Proposed Project; and (5) No Build Department of Community their interest to support and provide Alternative. The Draft EIR/EIS will also Development, City of Fairfield, 1000 necessary cost-sharing and other consider any other reasonable Webster Street, Fairfield, California requirements for the project. Navajo alternative(s) identified during the 94533–4883. County has identified within this length scoping or the preparation of the 5. Availability of Draft EIR/EIS: The of the river needs associated with loss document. Draft EIR/EIS is expected to be available of native riparian habitat and the 3. Scoping Process: Pursuant to CEQA for public review August 2009. presence of significant cultural and NEPA, the City and USACE must (Authority: 40 CFR part 1501.7) resources. Those needs will guide the include a ‘‘scoping’’ process for the formulation of plans for this segment of Dated: February 13, 2009. Draft EIR/EIS. Scoping primarily the Little Colorado River. The USACE involves determining the scope of issues Laurence M. Farrell, and Navajo County, AZ, will cooperate to be addressed in the Draft EIR/EIS and Lieutenant Colonel, U.S. Army, Commanding. in conducting this Feasibility Study. identifying the anticipated significant [FR Doc. E9–4201 Filed 2–26–09; 8:45 am] ADDRESSES: District Engineer, U.S. issues for in-depth analysis. The BILLING CODE 3720–58–P Army Corps of Engineers, Los Angeles scoping process includes public District, ATTN: CESPL–PD–RP, P.O. participation to integrate public needs Box 532711, Los Angeles, CA 90053– and concerns regarding the proposed DEPARTMENT OF DEFENSE 2325. action into the process. Department of the Army, Corps of FOR FURTHER INFORMATION CONTACT: Mr. a. Public Involvement Program: Engineers Michael J. Fink, Environmental Vehicles for public comment on the Manager, telephone (602) 640–2001, ext. proposed action will include: a public Intent To Prepare a Draft 232, or Mr. Mike Ternak, Project hearing to be conducted jointly by the Environmental Impact Statement for Manager, telephone (602) 640–2004, ext. City and USACE, the preparation of the the Little Colorado River at Winslow, a 272. The cooperating entity, Navajo Draft EIR/EIS, and receipt of public Feasibility Study of a Portion of the County, requests inquiries be directed to comment in response to the Draft EIR/ Little Colorado River From Chevelon Mr. Homero Vela, telephone (928) 524– EIS. In addition, affected Federal, state Canyon to the North End of the 4000, for any additional information. and local agencies, affected Native Winslow Levee, in and Near Winslow, SUPPLEMENTARY INFORMATION: American tribes, and other interested Navajo County, AZ 1. Authorization. This study has been private organizations and parties are conducted under the authority provided encouraged to participate in the AGENCY: Department of the Army, U.S. Army Corps of Engineers, DOD. by the Flood Control Act of 1937. This program. authority amends the Flood Control Act ACTION: Notice of intent. b. Significant Issues to be Analyzed in of 1936 to permit the Secretary of the Depth in the Draft EIR/EIS: The SUMMARY: Analyses of foreseeable Army, through the Chief of Engineers, to following significant environmental environmental impacts from potential conduct preliminary examinations and issues have already been identified and actions along the Little Colorado River surveys for flood control at the Little will be analyzed in depth in the Draft in the vicinity of the City of Winslow, Colorado River upstream from the EIR/EIS: (1) Aesthetics; (2) Agriculture; Navajo County, AZ, will commence. No boundary of the Navajo Indian (3) Air Quality; (4) Biological Resources; explicit plans have been advanced as Reservation. Further authority is (5) Cultural Resources; (6) Geology/ yet, so contents of the Draft provided under House Committee on Soils; (7) Hazards/Hazardous Materials; Environmental Impact Statement (DEIS) Public Works Resolution (Docket 2425) (8) Hydrology/Water Quality; (9) Land remain to be determined during the May 17, 1994 which states: Use/Planning; (10) Noise; (11) public scoping process. The Little Population and Housing; (12) Public * * * The Secretary of Army is hereby Colorado River at Winslow Study area Services; (13) Recreation; (14) Traffic requested to review reports of the Chief of encompasses the floodplain of the Little Engineers on the State of Arizona * * * in and Circulation; and (15) Utilities/ Colorado River (LCR) from Chevelon the interest of flood damage reduction, Service Systems. Canyon downstream (northwest) to the environmental protection and restoration, c. Environmental Review/ and related purposes. Consultation Requirements: north end of the existing Winslow • National Environmental Policy Act. Levee, a distance of about 18 river 2. Background. The Little Colorado • Section 404 of the Clean Water Act. miles. The study area includes the River (LCR) Watershed encompasses an • Endangered Species Act. majority of the City of Winslow, area of approximately 27,051 square • Clean Air Act. including the Ruby Wash Diversion miles in northeastern Arizona and • National Historic Preservation Act. Levee and the Ruby Wash Levee. northwestern New Mexico. The • California Environmental Quality The purposes of this Feasibility Study drainage basin of the LCR is about 245 Act. are to develop and evaluate potential miles long and 158 miles wide at the • Section 401 of the Clean Water Act. non-structural and engineered solutions widest point. The mainstem of the LCR 4. Scoping Meeting: The City and the to address flooding issues within the is entirely in Arizona, has a channel USACE will hold a scoping meeting at City of Winslow, and to investigate length of 356 miles, and total elevation the Fairfield City Council Chambers, potential opportunities for ecosystem drop of about 6,300 feet from its 1000 Webster Street, Fairfield, CA restoration along the LCR and its headwaters in the White Mountains to 94533–4883, to provide information on tributaries in the vicinity of Winslow. its confluence with the Colorado River. the project and receive oral comments There is also an opportunity to provide The LCR flows in generally a northwest on the scope of the document on March much-needed recreational opportunities direction and receives runoff from 18 16, 2009, at 7 p.m. Mail comments concurrent with flood risk management sub-watershed basins and contributing within 30 days of publication to: Mr. and ecosystem restoration. If there are drainage areas with hundreds of miles Bryan Matsumoto, U.S. Army Corps of measures and alternatives or plans that of small tributary streams. The
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tributaries of Ruby Wash, Clear Creek, properties in this area will now be supporting information readily available Cottonwood Wash and Salt Creek join required to obtain flood insurance from in conveniently located places, such as the LCR within the study area. The LCR the National Flood Insurance Program. libraries and on the Internet. joins the Colorado River in the Grand The Navajo County Public Works Participation of all interested Federal, Canyon on the northwest edge of the Department is attempting to rehabilitate State, and County resource agencies, as basin. The City of Winslow is located in the levee along the 7.2 mile reach east well as Native American peoples, the west-central part of the LCR of Winslow. Navajo County is seeking groups with environmental interests, Watershed in western Navajo County, assistance from the USACE to resolve and all interested individuals is AZ. recurrent flooding problems in the encouraged. Public involvement will be The LCR was once a broad and flat Winslow community. most beneficial and worthwhile in bottomland environment, conveying The potential environmental impacts identifying pertinent environmental shallow perennial flows along a braided, to be evaluated by this DEIS will issues, offering useful information such meandering channel. As a result, include: (1) Non-structural solutions to as published or unpublished data, direct numerous backwater sloughs and address flooding issues; (2) engineered personal experience or knowledge marshes offered appropriate biotic solutions to address flooding issues; (3) which inform decision making, conditions and habitat for a diversity of opportunities for ecosystem restoration, assistance in defining the scope of plans riparian species. Today the LCR is a especially as necessary to support the which ought to be considered, and deep, narrow, incised channel which primary purpose of flood risk recommending suitable mitigation experiences only intermittent to management; (4) mitigation of impacts measures warranted by such plans. ephemeral flows. This entrenchment to cultural resources, and; (5) designs Those wishing to contribute has disconnected large parts of the for recreational features which would be information, ideas, alternatives for floodplain from the river. During most compatible with the natural actions, and so forth can furnish these flooding, channel migration results from resources of the region. contributions in writing to the points of sedimentation deposition and scour. Prehistoric and historic cultural contacts indicated above, or by This erosion has contributed to habitat resources are abundant along the 18 attending public scoping meetings. degradation and threatened cultural mile reach of the Little Colorado River Notice of public scoping meetings will resources throughout the Watershed. Feasibility Study area. Sensitive natural be published in the local and regional Riparian vegetation has been largely habitats for federally listed species in newspapers. replaced by the non-native salt cedar, the general vicinity of the confluence of When plans have been devised and which forms almost pure in-channel Chevelon Creek with the Little Colorado alternatives formulated to embody those stands. Changes in vegetation types, River have previously been identified by plans, potential environmental and channel morphology and sediment the U.S. Fish and Wildlife Service social impacts will be evaluated in the transport are believed to be contributing (USFWS), and the Arizona Game and DEIS. These analyses will emphasize at to the flooding problems being Fish Department (AZGFD). least fifteen categories of resources: experienced by the Winslow 3. Proposed Action. No plan of action Land use, impromptu historic landfills community. has yet been identified. created by dumping trash over the In response to recurrent flooding 4. Alternatives. a—No Action: No banks, hazardous wastes, physical problems along the LCR, Navajo County plans would be implemented to reduce environment, hydrology, groundwater, requested assistance from the Arizona flood risk to the Winslow area. biological, archaeological, historical, Department of Water Resources (ADWR) b—Proposed Alternative Plans: None geological, air quality, noise, to build the Winslow Levee in 1979. have been formulated to date. transportation, socioeconomics, and The 7.2 mile Winslow Levee was 5. Public Involvement. Public safety. constructed along the west side of the involvement, an essential part of the EIS 6. Scoping Process. Scoping, an early LCR between 1986 and 1989 for the process, is integral to assessing the and open process for identifying the purpose of providing 100-year flood environmental consequences of the scope of significant issues related to the protection to the city. This levee has proposed action and improving the proposed action to be addressed in the failed twice in recent years. The levee quality of the environmental decision EIS, will be used to: (a) Identify the was overtopped in 1993, resulting in making. The public includes affected affected public and agency concerns; (b) washout of a 400-foot levee section, and and interested Federal, State, and local facilitate an efficient EIS preparation damage to an additional 3,000 feet of agencies, Indian tribes, concerned process; (c) define the issues and levee. The resulting flooding inundated citizens, stakeholders, and other alternatives that will be examined in 204 parcels and 140 structures. interested parties. Public participation detail in the EIS; and (d) save time in Permanent levee repairs were completed in the EIS process will be strongly the overall process by helping to ensure in 1994. However, problems with the encouraged, both formally and that the Draft EIS adequately addresses levee continue as evidenced by a second informally, to enhance the probability of relevant issues. An initial public levee failure in 2003. This was a piping a more technically accurate, scoping meeting will be held on failure, believed to have been caused by economically feasible, and socially and Tuesday, March 24, 2009, in Winslow, desiccation cracks, root channels, politically acceptable EIS. Public AZ. Announcements through local and rodent burrows, a structural flaw, and involvement will include but is not regional media, as well as a scoping other factors. limited to: Information dissemination; meeting public notice announcing the Recent studies indicate that the levee identification of problems, needs and location, date and time of the scoping now only provides a 55-year level of opportunities; idea generation; public meeting will be mailed to all interested protection. The Federal Emergency education; problem solving; providing parties during February 2009. Interested Management Agency (FEMA) has feedback on proposals; evaluation of parties are encouraged to express their completed decertification of the levee alternatives; conflict resolution by views throughout the entire study for 100-year protection, returning consensus; public and scoping notices process. Comments will be welcomed at approximately 2,700 individual parcels and meetings; public, stakeholder and the public scoping meeting. In addition, and 1,500 structures to the regulated advisory groups consultation and written comments will also be accepted floodplain. Owners of developed meetings; and making the EIS and during the scoping comment period
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which will extend 30 days from the date Louisiana. The Corps will evaluate a full Cameron and Vermilion Parishes to of the scoping meeting public notice. suite of structural, nonstructural and include: (1) Levee alignments to provide 7. Interagency Coordination and coastal restoration measures to achieve hurricane protection and reduce Cooperation. The USACE and the hurricane protection and storm damage damages from storm surge; (2) restoring USFWS have formally committed to risk reduction within Calcasieu, natural ecosystem features, such as work together to conserve, protect, and Cameron and Vermilion Parishes in Cheniers, to reduce damages from storm restore fish and wildlife resources while Louisiana. Southwestern Louisiana has surge; (3) measures protecting, restoring ensuring environmental sustainability of been affected by several named storms or increasing wetlands to prevent our Nation’s water resources under the in the past 50 years. The study area, saltwater intrusion or reduce storm January 22, 2003, Partnership which is characterized by low, flat surge; (4) measures reducing risk of Agreement for Water Resources and terrain, is highly susceptible to flooding storm damage to communities by Fish and Wildlife. The USFWS will from tidal surges associated with preventing or reducing wetland losses provide a Fish and Wildlife hurricanes and tropical storms due to its in areas affected by navigation, oil and Coordination Act Report. Coordination close proximity to the Gulf of Mexico. gas and other manmade channels; (5) will be maintained with the USFWS Hurricanes that caused damage include creation of barrier islands to serve as the regarding threatened and endangered Audrey (1957), Arlene (1959), Debra first line of defense against storms and species under their jurisdictional (1978), Chris (1982), Danny (1985), Juan reduce storm surge; (6) nonstructural responsibilities. The Arizona Game and (1985), Bonnie (1986), Allison (1989), measures such as raising structures in- Fish Department (AZGFD) will be Chantal (1989), Francis (1998), Hermine place, relocating structures, buyouts, consulted concerning potential impacts (1998), Allison (2001), Bertha (2002), flood proofing and policy development. to sensitive species and habitats. Lili (2002), Rita (2005), Gustav (2008) 3. Alternatives. Hurricane protection Coordination will be maintained with and Ike (2008). As the ground elevation and surge reduction measures being the Advisory Counsel on Historic subsides relative to the levels of the Gulf considered include multi-parish levee Preservation and the State Historic of Mexico, the depth of potential alignments, ring levees, ridges, and Preservation Officer (SHPO). flooding in the future will increase breakwaters to provide multiple lines of Coordination will be maintained with along with an increase in damages to the defense. Coastal restoration measures the U.S. Environmental Protection human and natural environments. being considered include restoration of Agency (USEPA) concerning Wetlands in the study area are affected Cheniers, creation of barrier islands, compliance with Executive Order by relative sea level rise, subsidence, large-scale marsh creation and 12898, ‘‘Federal Action to Address tides and storm surge created by tropical restoration, salinity control, hydrologic Environmental Justice in Minority storms and hurricanes, saltwater restoration, and restoration of natural Populations and Low-Income intrusion and ponding and reduced features to prevent/reduce storm surge. Populations.’’ organic production. These conditions Non-structural measures include raising 8. Availability of the EIS. It is would continue at an increased rate as structures in-place, property buyouts, anticipated that the DEIS will be the mass of coastal land decreases. relocations of residents and available for public review during the DATES: See SUPPLEMENTARY INFORMATION communities, flood-proofing and spring of 2011. The DEIS or a Notice of section for scoping meeting dates. hardening of infrastructure. Once hurricane protection, storm surge risk Availability (NOA) will be provided FOR FURTHER INFORMATION CONTACT: reduction and coastal restoration during the 45-day review period to Questions concerning the Draft measures are identified, alternative affected Federal, State and local Environmental Impact Statement (DEIS) plans will be developed through various agencies, Indian Tribes, and other should be addressed to Ms. Sandra combinations of measures that best meet interested parties. Stiles at U.S. Army Corps of Engineers, the study goals and objectives and are CEMVNPM–RS, P.O. Box 60267, New Dated: February 25, 2009. determined to be cost-effective, Thomas H. Magness, Orleans, LA 70160–0267, phone (504) environmentally acceptable and Colonel, U.S. Army, District Engineer. 862–1583, fax number (504) 862–2088 technically feasible. [FR Doc. E9–4200 Filed 2–26–09; 8:45 am] or by e-mail at 3. Public Involvement. Stakeholder [email protected]. BILLING CODE 3720–58–P and public involvement for this SUPPLEMENTARY INFORMATION: proposed action is integral to the 1. Authority: Committee on project. Interested parties, concerned DEPARTMENT OF DEFENSE Transportation and Infrastructure, U.S. citizens, and other State and Federal House of Representatives, Resolution agencies, private and not for profit or Department of the Army; Corps of Docket 2747, Southwest Coastal non-governmental organizations are Engineers Louisiana, LA authorized the Secretary strongly encouraged to participate in the of the Army in accordance with section development of the proposed action. Intent To Prepare a Draft 110 of the River and Harbor Act of 1962, Stakeholder and public meetings would Environmental Impact Statement for to survey the coast of Louisiana in be held throughout project the Southwest Coastal Louisiana Cameron, Calcasieu and Vermilion development. Meeting announcements Feasibility Study Parishes with particular reference to the would be made as information becomes AGENCY: Department of the Army, U.S. advisability of providing hurricane available. Army Corps of Engineers, DoD. protection and storm damage reduction 4. Public Scoping Meeting. Scoping is ACTION: Notice of intent. and related purposes to include the the process utilized for determining the feasibility of constructing an armored 12 range of alternatives and significant SUMMARY: The Corps of Engineers foot levee along the Gulf Intracoastal issues to be addressed in the EIS. For (Corps) intends to prepare an Waterway. this study, a letter will be mailed to all Environmental Impact Statement (EIS) 2. Proposed Action. The Corps will parties believed to have an interest in for the Southwest Coastal Louisiana develop hurricane protection, storm the analysis. The letter will notify Feasibility Study for Calcasieu, damage risk reduction and coastal interested parties of public scoping Cameron and Vermilion Parishes, restoration measures for Calcasieu, meetings that will be held in the local
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area and request their input on Dated: February 18, 2009. Transportation and Infrastructure, alternatives and issues to be evaluated. Alvin B. Lee, United States House of Representatives, Notices will also be mailed to local Colonel, U.S. Army, District Engineer. dated September 24, 1992. The Restudy news media. All interested parties are [FR Doc. E9–4202 Filed 2–26–09; 8:45 am] proposed several new feasibility studies, invited to comment at this time, and BILLING CODE 3720–58–P which included the SWFFS, to allow a anyone interested in this study should more thorough investigation into request inclusion in the study mailing subjects that were considered related to list. A public scoping meeting will be DEPARTMENT OF DEFENSE but beyond the scope of the Restudy. b. Study Area: The study area covers held March 24, 2009 from 6–9 p.m. in Department of the Army; Corps of approximately 4,300 square miles. It Cameron, Louisiana, March 25, 2009 Engineers encompasses all of Lee County and from 6–9 p.m. in Lake Charles, portions of Collier, Charlotte, Hendry, Louisiana and March 26, 2009 from 6– Intent To Prepare an Integrated Glades, and Monroe Counties. 9 p.m. in Abbeville, LA. The exact Feasibility Report and Draft c. Project Scope: The scope includes location and address for the meetings Environmental Impact Statement for conducting a watershed assessment of will be announced through local media the Southwest Florida Feasibility the study area and developing a channels. Additional meetings could be Study/Watershed Plan, Lee, Collier, watershed plan for stakeholder held, depending upon public interest Charlotte, Hendry, Glades, and Monroe utilization, additional landscape and if it is determined that further Counties, FL connectivity for endangered species, public coordination is warranted. AGENCY: Department of the Army, U.S. and maintenance of natural hydrology. 5. Significant Issues. Tentatively, the Army Corps of Engineers, DOD. The assessment will investigate the southwest Florida region and its important resources and issues that ACTION: Notice of intent. hydrology and natural landscape in would be evaluated in the EIS include greater detail than was developed in the but are not limited to tidal wetlands SUMMARY: The U.S. Army Corps of Restudy. The evaluation of the (marshes and swamps), aquatic Engineers (Corps), Jacksonville District, intends to prepare an integrated alternatives and selection of a resources, commercial and recreational Feasibility Report/Draft Environmental recommended plan will be documented fisheries, wildlife resources, essential Impact Statement (FR/DEIS) for the in the FR/EIS. The alternative plans will fish habitat, water quality, air quality, Southwest Florida Feasibility Study/ be reviewed under provisions of threatened and endangered species and Watershed Plan. The study is a appropriate laws and regulations, critical habitat, recreation resources, cooperative effort between the Corps including the Endangered Species Act, and cultural resources. Socioeconomic and the South Florida Water Fish and Wildlife Coordination Act, items to be evaluated in the EIS include Management District (SFWMD), which Clean Water Act, and Farmland navigation; flood protection; business is also a cooperating agency for this Protection Policy Act. and industrial activity; oil and gas DEIS. The goal of the Southwest Florida d. Preliminary Alternatives: The pipelines; employment; land use; Feasibility Study is to produce a alternatives analyzed in this feasibility property values; public/community regional restoration plan that addresses investigation are a combination of facilities and services; tax revenues; water resources issues within all structural and non-structural measures population, community and regional watersheds in southwest Florida. It is addressing the following objectives: The growth; transportation; housing; intended that this plan will meet many health of aquatic and upland community cohesion; environmental of the ecological and hydrological ecosystems; the quantity, quality, timing, and distribution of water flows; justice, aesthetics and noise. restoration needs of southwest Florida. agricultural, environmental, and urban 6. Environmental Consultation and The problems which will be addressed in this study include loss of natural water supply; the sustainability of Review. The U.S. Fish and Wildlife ecosystems and landscape connectivity/ economic and natural resources; flood Service (USFWS) will assist in degradation of wildlife habitat, altered, protection; fish and wildlife; biological documenting existing conditions and unnatural freshwater flows to wetlands diversity; and natural habitat in assessing effects of project alternatives and estuaries (altered surface water southwest Florida. Alternatives were through the Fish and Wildlife hydrology), and water quality developed to address these objectives. Coordination Act consultation degradation in surface waters. These alternatives include a plan of no action and various combinations of procedures. The USFWS will provide a ADDRESSES: U.S. Army Corps of Fish and Wildlife Coordination Act structural and non-structural measures Engineers, Planning Division, within the watersheds of the study area. report. Consultation will be Environmental Branch, P.O. Box 4970, accomplished with the USFWS and the e. Issues: The EIS will analyze the Jacksonville, FL 32232–0019. following project objectives: Establish National Marine Fisheries Service FOR FURTHER INFORMATION CONTACT: Ms. (NMFS) concerning threatened and total freshwater inflows to coastal Angela Dunn, by telephone at 904–232– estuaries within project area to within endangered species and their critical 2108, or e-mail at 10% of the pre-development natural habitat. The NMFS will be consulted [email protected]. system flow quantity conditions; regarding the effects of this proposed SUPPLEMENTARY INFORMATION: decrease loss of habitat connectivity for action on Essential Fish Habitat. The a. Authorization: The Southwest large mammals throughout the project draft EIS or a notice of its availability Florida Feasibility Study (SWFFS), area by 20%; reduce average annual will be distributed to all interested along with the Central and South total nitrogen loads to project area. In agencies, organizations, and Florida Project Comprehensive Review addition, the EIS will analyze: Impacts individuals. study (Restudy), is authorized by to aquatic and wetland habitats; water 7. Estimated Date of Availability. The Section 309(l) of the Water Resources flows; hazardous and toxic waste; water earliest that the DEIS is expected to be Development Act of 1992 (Pub. L. 102– quality; flood protection; the impacts of available is March of 2010. 580) and is also authorized by two land acquisition on the tax base; resolutions of the Committee on aesthetics and recreation; fish and
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wildlife resources, including protected 735 17th Street, NW., Washington, DC DATES: Comments, protests, or requests species; cultural resources; and other 20503. to intervene must be submitted on or impacts identified through scoping, And to Julie Squires by fax at (202) before March 30, 2009. public involvement and interagency 586–0406 or by e-mail at ADDRESSES: Comments, protests, or coordination. [email protected]. requests to intervene should be f. Scoping: An initial scoping letter FOR FURTHER INFORMATION CONTACT: addressed as follows: Office of was sent to stakeholders in the Requests for additional information or Electricity Delivery and Energy southwest Florida region in April, 2006, Reliability, Mail Code: OE–20, U.S. as notification of the initiation of a copies of the information collection instrument and instructions should be Department of Energy, 1000 Feasibility Study to address the water Independence Avenue, SW., resource problems in southwest Florida. directed to Julie Squires at [email protected]. Washington, DC 20585–0350 (FAX 202– An additional scoping letter will be 586–5860). used to invite comments on alternatives SUPPLEMENTARY INFORMATION: This FOR FURTHER INFORMATION CONTACT: and issues from Federal, State, and local information collection request contains: Ellen Russell (Program Office) 202–586– { } agencies, affected Indian tribes, and (1) OMB No. ‘‘New’’ ; (2) Information 9624 or Michael Skinker (Program other interested private organizations Collection Request Title: Records, and Attorney) 202–586–2793. and individuals. secures approval of all foreign travel SUPPLEMENTARY INFORMATION: Exports of g. DEIS Preparation: The integrated conducted by DOE federal employees electricity from the United States to a Feasibility Report, including a DEIS, is and contractors. The system allows DOE foreign country are regulated by the currently estimated for publication in to have full accountability of all travel Department of Energy (DOE) pursuant to late 2009. and in cases of emergency DOE is able sections 301(b) and 402(f) of the Dated: February 18, 2009. to quickly retrieve information as to Department of Energy Organization Act Eric P. Summa, who is traveling, where the individual (42 U.S.C. 7151(b), 7172(f)) and require Chief, Environmental Branch. is traveling, and the dates of travel. authorization under section 202(e) of Information gathered is listed under [FR Doc. E9–4199 Filed 2–26–09; 8:45 am] the FPA (16 U.S.C. 824a(e)). three categories: (1) Traveler BILLING CODE 3720–58–P On February 15, 2009, DOE received Information which requests traveler’s an application from Saracen Power for name, passport information, site, authority to transmit electric energy position, and contact information, (2) DEPARTMENT OF ENERGY from the United States to Canada as a General Trip Information which consists power marketer. Saracen Power is a Proposed Agency Information of estimated travel costs, and (3) Trip Texas limited partnership with its Collection Itinerary Information which consists of principal place of business in Houston, destination, dates of travel, and TX. Saracen has requested an electricity AGENCY: U.S. Department of Energy. purpose, (5) Type of Respondents: DOE export authorization with a 5-year term. ACTION: Notice and Request for OMB Federal employees and contractors Saracen Power does not own any Review and Comment. traveling on behalf of DOE (6) Estimated electric transmission facilities nor does Annual Number of Respondents: 8,313; it hold a franchised service area. The SUMMARY: The Department of Energy (7) Estimated Annual Number of Burden electric energy which Saracen Power (DOE) has submitted to the Office of Hours: 4228; (8) Estimated Annual Cost proposes to export to Canada would be Management and Budget (OMB) for Burden: None. surplus energy purchased from electric clearance a proposal for collection of Authority: DOE Order 551.1C (Jun. 24, utilities, Federal power marketing information under the provisions of the 2008), regarding ‘‘Official Foreign Travel.’’ agencies, and other entities within the Paperwork Reduction Act of 1995. The United States. proposed collection will enable DOE to Issued in Washington, DC on February 20, 2009. Saracen Power proposes to export have current knowledge of Federal electric energy to Canada and to arrange employees and contractors conducting Julie Squires, Acting Director, Office of Management, Office for the delivery of those exports over the foreign travel to a non U.S. territory on international transmission facilities the behalf of DOE. Information gathered of International Travel and Exchange Visitor Programs. presently owned by Bangor Hydro- will include dates of travel, destination, Electric Company, Basin Electric Power purpose, and after-hour contact [FR Doc. E9–4217 Filed 2–26–09; 8:45 am] BILLING CODE 6450–01–P Cooperative, Bonneville Power information in case of emergency. Administration, Eastern Maine Electric DATES: Comments regarding this Cooperative, International Transmission collection must be received on or before DEPARTMENT OF ENERGY Co., Joint Owners of the Highgate 30 days after date of publication in the Project, Long Sault, Inc., Maine Electric Federal Register. If you anticipate that [OE Docket No. EA–350] Power Company, Maine Public Service you will be submitting comments, but Company, Minnesota Power, Inc., find it difficult to do so within the Application To Export Electric Energy; Minnkota Power Cooperative, Inc., New period of time allowed by this notice, Saracen Power LLC York Power Authority, Niagara Mohawk please advise the DOE Desk Officer at Power Corp., Northern States Power OMB of your intention to make a AGENCY: Office of Electricity Delivery Company, Sea Breeze Olympic submission as soon as possible. The and Energy Reliability, DOE. Converter, Vermont Electric Power Desk Officer may be telephoned at 202– ACTION: Notice of Application. Company, and Vermont Electric 395–4650. Transmission Company. ADDRESSES: Written comments should SUMMARY: Saracen Power LLC (Saracen The construction, operation, be sent to the DOE Desk Officer, Office Power) has applied for authority to maintenance, and connection of each of of Information and Regulatory Affairs, transmit electric energy from the United the international transmission facilities Office of Management and Budget, New States to Canada pursuant to section to be utilized by Saracen Power was Executive Office Building, Room 10102, 202(e) of the Federal Power Act. previously authorized by a Presidential
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permit issued pursuant to Executive Generation) filed an application, For assistance, call toll-free 1–866–208– Order 10485, as amended. pursuant to section 4(f) of the Federal 3372. Procedural Matters: Any person Power Act, proposing to study the Kimberly D. Bose, desiring to become a party to these feasibility of the Lake Roosevelt Secretary. proceedings or to be heard by filing Pumped Storage Project. The project comments or protests to this application would be located on federal lands in [FR Doc. E9–4162 Filed 2–26–09; 8:45 am] should file a petition to intervene, Ferry, Grant and Okanogan Counties in BILLING CODE 6717–01–P comment, or protest at the address Washington State, approximately 40 provided above in accordance with miles northwest of the Town of DEPARTMENT OF ENERGY §§ 385.211 or 385.214 of the Federal Nespelem, Washington, and 38 miles Energy Regulatory Commission’s Rules southwest of the Town of Northport, Federal Energy Regulatory of Practice and Procedures (18 CFR Washington, and would utilize the U.S. Commission 385.211, 385.214). Fifteen copies of each Bureau of Reclamation’s Lake Roosevelt comment, petition, and protest should Dam. [Project No. 12751–006] be filed with DOE on or before the dates listed above. The proposed project would use the Finavera Renewables Ocean Energy, All filings in this proceeding should U.S. Bureau of Reclamation’s Lake Ltd.; Notice of Application for be clearly marked with Docket No. EA– Roosevelt Dam as its lower reservoir and Surrender of License and Soliciting 350. Additional copies are to be filed would consist of: (1) An upper reservoir Comments, Motions To Intervene, and directly with Allison P. Duensing, with a surface area of approximately 123 Protests Assistant General Counsel, The Saracen acres at a normal water surface elevation ranging from 2,780 to 2,880 feet m.s.l.; February 20, 2009. Group of Companies, Five Greenway Take notice that the following Plaza, Suite 1310, Houston, TX 77040 (2) a proposed powerhouse containing 4 generating units having a total installed application has been filed with the and Daniel E. Frank, Sutherland Asbill Commission and is available for public & Brennan LLP, 1275 Pennsylvania capacity of 1,310 megawatts, (3) a proposed intake structure, (4) a inspection: Avenue, NW., Washington, DC 20004– a. Application Type: Surrender of proposed 50-mile-long, 500 kV 2415. License. transmission line, and (5) appurtenant A final decision will be made on this b. Project No.: 12751–006. facilities. The project would have an application after the environmental c. Date Filed: February 6, 2009. impacts have been evaluated pursuant annual generation of approximately d. Applicant: Finavera Renewables to the National Environmental Policy 3,750 gigawatt-hours that would be sold Ocean Energy, Ltd. Act of 1969, and a determination is to a local utility. e. Name of Project: Makah Bay made by DOE that the proposed action Applicant Contact: BPUS Offshore Wave Energy Pilot Project. will not adversely impact on the Generation—Mr. Jeffrey M. Auser, P.E., f. Location: The project is located in reliability of the U.S. electric power BPUS Generation Development LLC, the Pacific Ocean in Makah Bay, about supply system. 225 Greenfield Parkway, Suite 201, 1.9 nautical miles offshore of Waatch Copies of these applications will be Liverpool, NY 13088; phone: 315–413– Point in Clallam County, Washington. made available, upon request, for public 2821. FERC Contact: Tom Papsidero, g. Filed Pursuant to: Federal Power inspection and copying at the address 202–502–6002. Act, 16 U.S.C. 791a–825r. provided above, by accessing the h. Applicant Contact: Mr. Thomas C. program Web site at http:// Deadline for filing comments, motions to intervene, competing applications, or Jensen, Sonnenschein Nath & Rosenthal oe.energy.gov/permits.htm, or by LLP, 1301 K Street, NW., Suite 600 East, notices of intent to file competing e-mailing Odessa Hopkins at Washington, DC 20005, (202) 408–6400, applications: 60 days from the issuance [email protected]. e-mail [email protected]. of this notice. Comments, motions to i. FERC Contact: Patricia W. Gillis, Issued in Washington, DC, on February 23, intervene, notices of intent, and 2009. Telephone (202) 502–8735. competing applications may be filed Anthony J. Como, j. Deadline for filing comments, electronically via the Internet. See 18 motions to intervene, and protests: 45 Director, Permitting and Siting, Office of CFR 385.2001(a)(1)(iii) and the Electricity Delivery and Energy Reliability. days from the issuance date of this instructions on the Commission’s Web notice. All documents (original and [FR Doc. E9–4216 Filed 2–26–09; 8:45 am] site under the ‘‘e-Filing’’ link. If unable BILLING CODE 6450–01–P eight copies) should be filed with: to be filed electronically, documents Secretary, Federal Energy Regulatory may be paper-filed. To paper-file, an Commission, 888 First Street, NE., DEPARTMENT OF ENERGY original and eight copies should be Washington, DC 20426. mailed to: Kimberly D. Bose, Secretary, k. Description of Request: The Federal Energy Regulatory Federal Energy Regulatory Commission, licensee filed an application to Commission 888 First Street, NE., Washington, DC surrender its license for the 20426. For more information on how to unconstructed Makah Bay Offshore [Project No. 13313–000] submit these types of filings please go Wave Energy Pilot Project. The Licensee BPUS Generation Development LLC; to the Commission’s Web site located at has not commenced construction of the Notice of Preliminary Permit http://www.ferc.gov/filing- project. No ground disturbing activities Application Accepted for Filing and comments.asp. More information about have occurred. Additionally, no work or Soliciting Comments, Motions To this project can be viewed or printed on construction on the conversion buoys or Intervene, and Competing Applications the ‘‘eLibrary’’ link of Commission’s the shore station, roads, or transmission Web site at http://www.ferc.gov/docs- facilities has commenced. February 20, 2009. filing/elibrary.asp. Enter the docket l. Locations of the Application: A On October 31, 2008, BPUS number (P–13313–000) in the docket copy of the application is available for Generation Development LLC (BPUS number field to access the document. inspection and reproduction at the
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Commission’s Public Reference Room, agency’s comments must also be sent to and in place is approximately 4.17 located at 888 First Street, NE., Room the Applicant’s representatives. miles. 2A, Washington, DC 20426, or by calling q. e-Filing: Motions to intervene, Any questions concerning this (202) 502–8371. This filing may also be protests, and comments may be filed application may be directed to Susan T. viewed on the Commission’s Web site at electronically via the Internet in lieu of Halbach, Senior Counsel, Tennessee Gas http://www.ferc.gov using the paper. See, 18 CFR 385.2001(a)(1)(iii) Pipeline Company, 1001 Louisiana ‘‘eLibrary’’ link. Enter the docket and the instructions on the Houston, Texas 77002, phone: (713) number excluding the last three digits in Commission’s Web site at http:// 420–5751, fax: (713) 420–1601, e-mail: the docket number field to access the www.ferc.gov under the ‘‘e-Filing’’ link. [email protected] or Kathy document. You may also register online Cash, Principal Analyst, Rates and Kimberly D. Bose, at http://www.ferc.gov/docs-filing/ Regulatory Affairs, Tennessee Gas esubscription.asp to be notified via e- Secretary. Pipeline Company 1001 Louisiana mail of new filings and issuances [FR Doc. E9–4179 Filed 2–26–09; 8:45 am] Houston, TX 77002, phone: (713) 420– related to this or other pending projects. BILLING CODE 6717–01–P 3290, fax: (713) 420–1605, e-mail: For assistance, call 1–866–208–3676 or [email protected]. e-mail [email protected], Pursuant to section 157.9 of the for TTY, call (202) 502–8659. A copy is DEPARTMENT OF ENERGY Commission’s rules, 18 CFR 157.9, also available for inspection and within 90 days of this Notice the Federal Energy Regulatory Commission staff will either: Complete reproduction at the address in item (h) Commission above. its environmental assessment (EA) and m. Individuals desiring to be included place it into the Commission’s public on the Commission’s mailing list should [Docket No. CP09–63–000] record (eLibrary) for this proceeding; or issue a Notice of Schedule for so indicate by writing to the Secretary Tennessee Gas Pipeline Company; of the Commission. Environmental Review. If a Notice of Notice of Application Schedule for Environmental Review is n. Comments, Protests, or Motions to issued, it will indicate, among other Intervene: Anyone may submit February 20, 2009. milestones, the anticipated date for the comments, a protest, or a motion to Take notice that on February 9, 2009, Commission staff’s issuance of the final intervene in accordance with the Tennessee Gas Pipeline Company environmental impact statement (FEIS) requirements of Rules of Practice and (Tennessee), 1001 Louisiana Houston, or EA for this proposal. The filing of the Procedure, 18 CFR 385.210, .211, .214. Texas 77002, filed in the above EA in the Commission’s public record In determining the appropriate action to referenced docket an abbreviated for this proceeding or the issuance of a take, the Commission will consider all application pursuant to section 7(b) of Notice of Schedule for Environmental protests or other comments filed, but the Natural Gas Act (NGA) and Part 157 Review will serve to notify federal and only those who file a motion to of the Commission’s regulations, for an state agencies of the timing for the intervene in accordance with the order approving the abandonment of completion of all necessary reviews, and Commission’s Rules may become a three pipeline segments that cross the the subsequent need to complete all party to the proceeding. Any comments, Mississippi River in East Carroll Parish, federal authorizations within 90 days of protests, or motions to intervene must Louisiana, and Issaquena County, the date of issuance of the Commission be received on or before the specified Mississippi. The project named The staff’s FEIS or EA. comment date for the particular Mississippi River Levee Abandonment There are two ways to become application. Project includes the abandonment and involved in the Commission’s review of o. Filing and Service of Responsive removal of an associated side valve and this project. First, any person wishing to Documents—All filings must (1) bear in aboveground appurtenances, all as more obtain legal status by becoming a party all capital letters the title fully set forth in the application which to the proceedings for this project ‘‘COMMENTS’’, is on file with the Commission and open should, on or before the comment date ‘‘RECOMMENDATIONS FOR TERMS to public inspection. The filing is stated below, file with the Federal AND CONDITIONS’’, ‘‘PROTEST’’, OR available for review at the Commission Energy Regulatory Commission, 888 ‘‘MOTION TO INTERVENE’’, as in the Public Reference Room or may be First Street, NE., Washington, DC 20426, applicable, and the Project Number of viewed on the Commission’s Web site at a motion to intervene in accordance the particular application to which the http://www.ferc.gov using the with the requirements of the filing refers. All documents (original ‘‘eLibrary’’ link. Enter the docket Commission’s Rules of Practice and and eight copies) should be filed with: number excluding the last three digits in Procedure (18 CFR 385.214 or 385.211) Kimberly D. Bose, Secretary, Federal the docket number field to access the and the Regulations under the NGA (18 Energy Regulatory Commission, 888 document. For assistance, contact FERC CFR 157.10). A person obtaining party First Street, NE., Washington, DC 20426. at [email protected] or call status will be placed on the service list A copy of any motion to intervene must toll-free, (886) 208–3676 or TTY, (202) maintained by the Secretary of the also be served upon each representative 502–8659. Commission and will receive copies of of the Applicant specified in the Specifically, Tennessee proposes to all documents filed by the applicant and particular application. (a) abandon in place the portion of the by all other parties. A party must submit p. Agency Comments—Federal, State, pipeline segments that lie between the 14 copies of filings made with the and local agencies are invited to file east and west levees and across the Commission and must mail a copy to comments on the described application. Mississippi River, and (b) abandon by the applicant and to every other party in A copy of the application may be removal the portion of the pipeline the proceeding. Only parties to the obtained by agencies directly from the segments that lie within the east and proceeding can ask for court review of Applicant. If an agency does not file west levees, as well as a side valve and Commission orders in the proceeding. comments within the time specified for associated aboveground piping located However, a person does not have to filing comments, it will be presumed to within the east levee. The overall length intervene in order to have comments have no comments. One copy of an of each line to be abandoned by removal considered. The second way to
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participate is by filing with the DEPARTMENT OF ENERGY the Commission’s findings in the 1/15/ Secretary of the Commission, as soon as 09 Order. possible, an original and two copies of Federal Energy Regulatory Filed Date: 02/17/2009. comments in support of or in opposition Commission Accession Number: 20090218–0166. to this project. The Commission will Comment Date: 5 p.m. Eastern Time consider these comments in Combined Notice of Filings #1 on Tuesday, March 10, 2009. determining the appropriate action to be February 19, 2009. Docket Numbers: ER07–1356–004; taken, but the filing of a comment alone Take notice that the Commission ER07–1112–003; ER07–1113–003; will not serve to make the filer a party received the following exempt ER07–1115–003; ER07–1116–003; to the proceeding. The Commission’s wholesale generator filings: ER07–1117–003; ER07–1358–004; rules require that persons filing Docket Numbers: EG09–28–000. ER07–1118–003; ER07–1119–003; comments in opposition to the project Applicants: RPL Holdings, Inc. ER07–1120–003; ER07–1122–003; provide copies of their protests only to Description: RPL Holdings, Inc. ER00–2885–019; ER01–2765–018; the party or parties directly involved in submits notice of Self-Certification of ER02–1582–016; ER08–148–003; ER05– the protest. Exempt Wholesale Generator Status. 1232–011; ER02–1582–016; ER02–2102– Persons who wish to comment only Filed Date: 02/17/2009. 018; ER03–1283–013. on the environmental review of this Accession Number: 20090218–0171. Applicants: BE Alabama LLC; BE project should submit an original and Comment Date: 5 p.m. Eastern Time Allegheny LLC; BE CA LLC; BE Colquitt two copies of their comments to the on Tuesday, March 10, 2009. LLC; BE Ironwood LLC; BE KJ LLC; BE Secretary of the Commission. Docket Numbers: EG09–29–000. Louisiana LLC; BE Rayle LLC; BE Red Environmental commentors will be Applicants: Reliant Energy Florida, Oak LLC; BE Satilla LLC; BE Walton placed on the Commission’s LLC. LLC; Cedar Brakes I, L.L.C.; Cedar environmental mailing list, will receive Description: Reliant Energy Florida, Brakes II, LLC; Mohawk River Funding copies of the environmental documents, LLC submits a Notice of Self- IV, L.L.C.; CENTRAL POWER & LIME and will be notified of meetings Certification of Exempt Wholesale INC; J.P. Morgan Ventures Energy associated with the Commission’s Generator Status. Corporation; Mohawk River Fund IV, environmental review process. Filed Date: 02/17/2009. L.L.C.; Utility Contract Funding, L.L.C.; Environmental commentors will not be Accession Number: 20090218–0170. Vineland Energy LLC. required to serve copies of filed Comment Date: 5 p.m. Eastern Time Description: JP Morgan Companies documents on all other parties. on Tuesday, March 10, 2009. submits response to recent request from However, the non-party commentors Take notice that the Commission Commission Staff re the updated will not receive copies of all documents received the following electric rate compliance filing that was submitted on filed by other parties or issued by the filings: 11/13/08. Filed Date: 02/04/2009. Commission (except for the mailing of Docket Numbers: ER98–4512–006. environmental documents issued by the Applicants: Consolidated Water Accession Number: 20090210–0040. Comment Date: 5 p.m. Eastern Time Commission) and will not have the right Power Company. to seek court review of the Description: Consolidated Water on Monday, March 2, 2009. Commission’s final order. Power Co. submits supplements to their Docket Numbers: ER09–539–001. The Commission strongly encourages request to replace the FERC Electric Applicants: Aspire Capital electronic filings of comments, protests Tariff, Original Volume 1, Second Management LLC. and interventions in lieu of paper using Revised Sheet 1 et al. Description: Aspire Capital the ‘‘eFiling’’ link at http:// Filed Date: 02/12/2009. Management LLC submits Amended www.ferc.gov. Persons unable to file Accession Number: 20090218–0135. Petition for Acceptance of Initial Tariff, electronically should submit an original Comment Date: 5 p.m. Eastern Time Waiver and Blanket Authority et al. and 14 copies of the protest or on Friday, February 27, 2009. Filed Date: 02/17/2009. intervention to the Federal Energy Docket Numbers: ER03–428–008. Accession Number: 20090218–0054. regulatory Commission, 888 First Street, Applicants: ConocoPhillips Company. Comment Date: 5 p.m. Eastern Time NE., Washington, DC 20426. Description: ConocoPhillips Company on Tuesday, March 10, 2009. This filing is accessible on-line at submits an updated market power Docket Numbers: ER09–687–000. http://www.ferc.gov, using the analysis for the Southeast Region. Applicants: Florida MSW LLC. ‘‘eLibrary’’ link and is available for Filed Date: 02/17/2009. Description: Florida MSW, LLC review in the Commission’s Public Accession Number: 20090218–0151. submits petition for acceptance of their Reference Room in Washington, DC. Comment Date: 5 p.m. Eastern Time FERC Electric Tariff, Original Volume 1. There is an ‘‘eSubscription’’ link on the on Monday, April 20, 2009. Filed Date: 02/13/2009. Web site that enables subscribers to Docket Numbers: ER03–563–065. Accession Number: 20090218–0165. receive e-mail notification when a Applicants: Devon Power LLC. Comment Date: 5 p.m. Eastern Time document is added to a subscribed Description: ISO New England, Inc. et on Friday, March 06, 2009. docket(s). For assistance with any FERC al. submits their Compliance Statement Docket Numbers: ER09–688–000. Online service, please e-mail re New England’s capacity market Applicants: Florida MSW5 LLC. [email protected], or call design. Description: Florida MSW5, LLC (866) 208–3676 (toll free). For TTY, call Filed Date: 02/17/2009. submits petition for acceptance of their (202) 502–8659. Accession Number: 20090218–0153. FERC Electric Tariff, Original Volume 1. Comment Date: March 13, 2009. Comment Date: 5 p.m. Eastern Time Filed Date: 02/13/2009. on Tuesday, March 10, 2009. Accession Number: 20090218–0164. Kimberly D. Bose, Docket Numbers: ER06–787–007. Comment Date: 5 p.m. Eastern Time Secretary. Applicants: Idaho Power Company. on Friday, March 6, 2009. [FR Doc. E9–4163 Filed 2–26–09; 8:45 am] Description: Idaho Power Co. submits Docket Numbers: ER09–689–000. BILLING CODE 6717–01–P revisions to its rate schedule reflecting Applicants: Florida MSW3 LLC.
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Description: Florida MSW3, LLC Filed Date: 02/13/2009. Docket Numbers: ER09–724–000. submits petition for acceptance of their Accession Number: 20090218–0156. Applicants: Wisconsin Electric Power FERC Electric Tariff, Original Volume 1. Comment Date: 5 p.m. Eastern Time Company. Filed Date: 02/13/2009. on Friday, March 6, 2009. Description: Wisconsin Electric Power Accession Number: 20090218–0163. Docket Numbers: ER09–697–000. Company submits Notice of Comment Date: 5 p.m. Eastern Time Applicants: Utah MSW1 LLC. Termination of FERC Electric Tariff, on Friday, March 06, 2009. Description: Utah MSW1, LLC Rate Schedule 119 with Northern States Docket Numbers: ER09–690–000. submits petition for acceptance of their Power Company. Applicants: Florida MSW4 LLC. FERC Electric Tariff, Original Volume 1. Filed Date: 02/17/2009. Description: Florida MSW4, LLC Filed Date: 02/13/2009. Accession Number: 20090218–0051. submits petition for acceptance of their Accession Number: 20090218–0155. Comment Date: 5 p.m. Eastern Time FERC Electric Tariff, Original Volume 1. Comment Date: 5 p.m. Eastern Time on Tuesday, March 10, 2009. Filed Date: 02/13/2009. on Friday, March 6, 2009. Docket Numbers: ER09–725–000. Applicants: Southern California Accession Number: 20090218–0162. Docket Numbers: ER09–698–000. Edison Company. Comment Date: 5 p.m. Eastern Time Applicants: New Mexico MSW1 LLC. Description: Southern California on Friday, March 6, 2009. Description: New Mexico MSW1, LLC Edison Company submits for filing Docket Numbers: ER09–691–000. submits petition for acceptance of initial revised rate sheets to the Small Applicants: Florida MSW2 LLC. tariff, waivers and blanket authority Generator Interconnection Agreement et Description: Florida MSW2, LLC (FERC Electric Tariff, Original Volume al. with the County Sanitation Districts submits petition for acceptance of their 1). of Los Angeles County et al. FERC Electric Tariff, Original Volume 1. Filed Date: 02/13/2009. Filed Date: 02/17/2009. Filed Date: 02/13/2009. Accession Number: 20090218–0154. Accession Number: 20090218–0053. Accession Number: 20090218–0161. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time on Friday, March 6, 2009. on Tuesday, March 10, 2009. on Friday, March 6, 2009. Docket Numbers: ER09–699–000. Any person desiring to intervene or to Docket Numbers: ER09–692–000. Applicants: Oregon MSW1 LLC. protest in any of the above proceedings Applicants: Marshall County/Holly Description: Oregon MSW1, LLC must file in accordance with Rules 211 Springs MSW LLC. submits petition for acceptance of their and 214 of the Commission’s Rules of Description: Marshall County/Holly FERC Electric Tariff, Original Volume 1. Practice and Procedure (18 CFR 385.211 Springs MSW, LLC submits petition for Filed Date: 02/13/2009. and 385.214) on or before 5 p.m. Eastern acceptance of their FERC Electric Tariff, Accession Number: 20090218–0167. time on the specified comment date. It Original Volume 1. Comment Date: 5 p.m. Eastern Time is not necessary to separately intervene Filed Date: 02/13/2009. on Friday, March 6, 2009. again in a subdocket related to a Accession Number: 20090218–0160. Docket Numbers: ER09–700–000. compliance filing if you have previously Comment Date: 5 p.m. Eastern Time Applicants: Minnesota MSW1 LLC. intervened in the same docket. Protests on Friday, March 6, 2009. Description: Minnesota MSW1, LLC will be considered by the Commission Docket Numbers: ER09–693–000. submits petition for acceptance of their in determining the appropriate action to Applicants: Kentucky MSW1 LLC. FERC Electric Tariff, Original Volume 1. be taken, but will not serve to make Description: Kentucky MSW1, LLC Filed Date: 02/13/2009. protestants parties to the proceeding. submits petition for acceptance of their Accession Number: 20090218–0168. Anyone filing a motion to intervene or FERC Electric Tariff, Original Volume 1. Comment Date: 5 p.m. Eastern Time protest must serve a copy of that Filed Date: 02/13/2009. on Friday, March 6, 2009. document on the Applicant. In reference Accession Number: 20090218–0159. Docket Numbers: ER09–701–001. to filings initiating a new proceeding, Comment Date: 5 p.m. Eastern Time Applicants: PJM Interconnection interventions or protests submitted on on Friday, March 6, 2009. L.L.C. or before the comment deadline need Docket Numbers: ER09–694–000. Description: PJM Interconnection, not be served on persons other than the Applicants: Kentucky MSW2 LLC. LLC submits an errata filing, Second Applicant. Description: Kentucky MSW2, LLC Revised Sheet 74 has been corrected to The Commission encourages submits petition for acceptance of their reflect a designation of Third Revised electronic submission of protests and FERC Electric Tariff, Original Volume 1. Sheet 74, Superseding Second Revised interventions in lieu of paper, using the Filed Date: 02/13/2009. Sheet 74 etc. FERC Online links at http:// Accession Number: 20090218–0158. Filed Date: 02/17/2009. www.ferc.gov. To facilitate electronic Comment Date: 5 p.m. Eastern Time Accession Number: 20090218–0055. service, persons with Internet access on Friday, March 6, 2009. Comment Date: 5 p.m. Eastern Time who will eFile a document and/or be Docket Numbers: ER09–695–000. on Tuesday, March 10, 2009. listed as a contact for an intervenor Applicants: Ohio MSW1 LLC. Docket Numbers: ER09–723–000. must create and validate an Description: Ohio MSW1, LLC Applicants: American Transmission eRegistration account using the submits petition for acceptance of their Company, LLC. eRegistration link. Select the eFiling FERC Electric Tariff, Original Volume 1. Description: American Transmission link to log on and submit the Filed Date: 02/13/2009. Company LLC submits executed intervention or protests. Accession Number: 20090218–0157. Distribution-Transmission Persons unable to file electronically Comment Date: 5 p.m. Eastern Time Interconnection Agreement with should submit an original and 14 copies on Friday, March 6, 2009. ATCLLC and Escanaba Municipal of the intervention or protest to the Docket Numbers: ER09–696–000. Electric Utility. Federal Energy Regulatory Commission, Applicants: New Mexico MSW2 LLC. Filed Date: 02/17/2009. 888 First St., NE., Washington, DC Description: New Mexico MSW2, LLC Accession Number: 20090218–0052. 20426. submits petition for acceptance of their Comment Date: 5 p.m. Eastern Time The filings in the above proceedings FERC Electric Tariff, Original Volume 1. on Tuesday, March 10, 2009. are accessible in the Commission’s
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eLibrary system by clicking on the Description: Columbia Gas Applicants: Kern River Gas appropriate link in the above list. They Transmission, LLC submits its annual Transmission Company. are also available for review in the report of its operational purchases and Description: Petition of Kern River Commission’s Public Reference Room in sales of natural gas for the 12 months Gas Transmission Company for a Grant Washington, DC. There is an ended 12/31/08. of Limited Waiver of Capacity Release eSubscription link on the Web site that Filed Date: 02/18/2009. Regulations. enables subscribers to receive e-mail Accession Number: 20090219–0283. notification when a document is added Comment Date: 5 p.m. Eastern Time Filed Date: 02/19/2009. to a subscribed docket(s). For assistance on Monday, March 2, 2009. Accession Number: 20090219–5087. with any FERC Online service, please e- Docket Numbers: RP09–369–000. Comment Date: 5 p.m. Eastern Time mail [email protected] or Applicants: Midcontinent Express on Tuesday, March 3, 2009. call (866) 208–3676 (toll free). For TTY, Pipeline LLC. call (202) 502–8659. Description: Midcontinent Express Any person desiring to intervene or to Pipeline, LLC submits their Negotiated protest in any of the above proceedings Nathaniel J. Davis, Sr., must file in accordance with Rules 211 Deputy Secretary. Rate Transportation Service Agreements and Substitute Original Sheet 2 et al to and 214 of the Commission’s Rules of [FR Doc. E9–4218 Filed 2–26–09; 8:45 am] FERC Gas Tariff, Original Volume 1. Practice and Procedure (18 CFR 385.211 BILLING CODE 6717–01–P Filed Date: 02/17/2009. and 385.214) on or before 5 p.m. Eastern Accession Number: 20090218–0150. time on the specified comment date. It is not necessary to separately intervene DEPARTMENT OF ENERGY Comment Date: 5 p.m. Eastern Time on Monday, March 2, 2009. again in a subdocket related to a compliance filing if you have previously Federal Energy Regulatory Docket Numbers: RP09–370–000. intervened in the same docket. Protests Commission Applicants: Hardy Storage Company, LLC. will be considered by the Commission Combined Notice of Filings Description: Hardy Storage Co, LLC in determining the appropriate action to submits Second Revised Sheet No. 10 to be taken, but will not serve to make February 23, 2009. FERC Gas Tariff, Original Volume No. 1, protestants parties to the proceeding. Take notice that the Commission has effective 4/1/09 under RP09–370. Anyone filing a motion to intervene or received the following Natural Gas Filed Date: 02/18/2009. protest must serve a copy of that Pipeline Rate and Refund Report filings: Accession Number: 20090219–0284. document on the Applicant. In reference Docket Numbers: RP96–320–099. Comment Date: 5 p.m. Eastern Time to filings initiating a new proceeding, Applicants: Gulf South Pipeline on Monday, March 2, 2009. interventions or protests submitted on Company, LP. or before the comment deadline need Docket Numbers: RP09–371–000. Description: Gulf South Pipeline not be served on persons other than the Applicants: Crossroads Pipeline Company, LP submits capacity release Applicant. agreement containing negotiated rate Company. Description: Crossroads Pipeline The Commission encourages provisions with Texla Energy electronic submission of protests and Management, Inc. Company submits Tenth Revised Sheet 6 to its FERC Gas Tariff, First Revised interventions in lieu of paper, using the Filed Date: 02/19/2009. FERC Online links at http:// Accession Number: 20090220–0289. Volume 1, to be effective 4/1/09. www.ferc.gov. To facilitate electronic Comment Date: 5 p.m. Eastern Time Filed Date: 02/19/2009. service, persons with Internet access on Tuesday, March 3, 2009. Accession Number: 20090220–0286. Comment Date: 5 p.m. Eastern Time who will eFile a document and/or be Docket Numbers: RP03–221–012. on Tuesday, March 3, 2009. listed as a contact for an intervenor Applicants: High Island Offshore Docket Numbers: RP09–372–000. must create and validate an System, LLC. eRegistration account using the Description: High Island Offshore Applicants: Kern River Gas eRegistration link. Select the eFiling System, LLC submits Seventh Revised Transmission Company. link to log on and submit the Sheet 10 to FERC Gas Tariff, Third Description: Kern River Transmission intervention or protests. Revised Volume 1. Company submits for filing Twentieth Filed Date: 02/17/2009. Revised Sheet 5 et al to its FERC Gas Persons unable to file electronically Accession Number: 20090218–0056. Tariff, Second Revised Volume 1, to be should submit an original and 14 copies Comment Date: 5 p.m. Eastern Time effective 4/1/09. of the intervention or protest to the on Monday, March 2, 2009. Filed Date: 02/19/2009. Federal Energy Regulatory Commission, Docket Numbers: RP07–125–003. Accession Number: 20090220–0287. 888 First St., NE., Washington, DC Applicants: Columbia Gulf Comment Date: 5 p.m. Eastern Time 20426. Transmission Company. on Tuesday, March 3, 2009. The filings in the above proceedings Description: Columbia Gulf Docket Numbers: RP09–373–000. are accessible in the Commission’s Transmission Co submits its annual Applicants: Freebird Gas Storage, eLibrary system by clicking on the report of its operational purchases and LLC. appropriate link in the above list. They sales of natural gas for the 12 months Description: Freebird Gas Storage, are also available for review in the ended 12/31/08. LLC submits First Revised Sheet 116 to Commission’s Public Reference Room in Filed Date: 02/18/2009. its FERC Gas Tariff, First Revised Washington, DC. There is an Accession Number: 20090219–0285. Volume 1, to be effective 3/20/09. eSubscription link on the Web site that Comment Date: 5 p.m. Eastern Time Filed Date: 02/19/2009. enables subscribers to receive email on Monday, March 2, 2009. Accession Number: 20090220–0288. notification when a document is added Docket Numbers: RP07–449–002. Comment Date: 5 p.m. Eastern Time to a subscribed docket(s). For assistance Applicants: Columbia Gas on Tuesday, March 3, 2009. with any FERC Online service, please e- Transmission, LLC. Docket Numbers: RP09–374–000. mail [email protected], or
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call (866) 208–3676 (toll free). For TTY, Description: Chandeleur Pipe Line 131 et al. to its FERC Gas Tariff, First call (202) 502–8659. Company submits Second Revised Sheet Revised Volume 1, to be effective 4/1/ 42 to be incorporated into FERC Gas 09. Nathaniel J. Davis, Sr., Tariff, Second Revised Volume 1, to be Filed Date: 02/20/2009. Deputy Secretary. effective 3/34/09. Accession Number: 20090223–0019. [FR Doc. E9–4219 Filed 2–26–09; 8:45 am] Filed Date: 02/20/2009. Comment Date: 5 p.m. Eastern Time BILLING CODE 6717–01–P Accession Number: 20090223–0014. on Wednesday, March 4, 2009. Comment Date: 5 p.m. Eastern Time Docket Numbers: RP09–384–000. on Wednesday, March 4, 2009. Applicants: Gulf South Pipeline DEPARTMENT OF ENERGY Docket Numbers: RP09–378–000. Company, LP. Applicants: Sabine Pipe Line LLC. Description: Gulf South Pipeline Federal Energy Regulatory Company, LP submits a potentially non- Commission Description: Sabine Pipe Line submits First Revised Sheet 287 as part of conforming discounted rate agreement under Rate Schedule FTS executed by Combined Notice of Filings Original Volume 1 of Sabine’s FERC Gas Tariff, to be effective 3/1/09. Gulf South and its customer. February 24, 2009. Filed Date: 02/20/2009. Filed Date: 02/20/2009. Take notice that the Commission has Accession Number: 20090223–0012. Accession Number: 20090223–0020. Comment Date: 5 p.m. Eastern Time received the following Natural Gas Comment Date: 5 p.m. Eastern Time on Wednesday, March 4, 2009. Pipeline Rate and Refund Report filings: on Wednesday, March 4, 2009. Docket Numbers: RP09–385–000. Docket Numbers: RP96–320–100. Docket Numbers: RP09–379–000. Applicants: Caledonia Energy Applicants: Gulf South Pipeline Applicants: Viking Gas Transmission Partners, LLC. Company, LP. Company. Description: Caledonia Energy Description: Gulf South Pipeline Description: Viking Gas Transmission Partners, LLC submits First Revised Company, LP submits a capacity release Company submits Twenty-Fifth Revised Sheet 43 et al. of its FERC Gas Tariff, agreement containing negotiated rate Sheet 5B of FERC Gas Tariff, First First Revised Volume 1, to be effective provisions executed by Gulf South and Revised Volume 1, to be effective 4/1/ 3/23/09. Texla Energy Management, Inc. 09. Filed Date: 02/20/2009. Filed Date: 02/20/2009. Filed Date: 02/20/2009. Accession Number: 20090223–0021. Accession Number: 20090223–0016. Accession Number: 20090223–0023. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time on Wednesday, March 4, 2009. on Wednesday, March 4, 2009. on Wednesday, March 4, 2009. Any person desiring to intervene or to Docket Numbers: RP09–306–001. Docket Numbers: RP09–380–000. protest in any of the above proceedings Applicants: Kern River Gas Applicants: Viking Gas Transmission must file in accordance with Rules 211 Transmission Company. Company. and 214 of the Commission’s Rules of Description: Kern River Gas Description: Viking Gas Transmission Practice and Procedure (18 CFR 385.211 Transmission Company submits Sub. Company submits Fourteenth Revised and 385.214) on or before 5 p.m. Eastern Fifth Revised Sheet 161 of its FERC Gas Sheet 5C of its FERC Gas Tariff First time on the specified comment date. It Tariff, Second Revised Volume 1, to be Revised Volume 1, to be effective 4/1/ is not necessary to separately intervene effective 1/30/08. 09. again in a subdocket related to a Filed Date: 02/20/2009. Filed Date: 02/20/2009. compliance filing if you have previously Accession Number: 20090223–0015. Accession Number: 20090223–0022. intervened in the same docket. Protests Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time will be considered by the Commission on Wednesday, March 4, 2009. on Wednesday, March 4, 2009. in determining the appropriate action to Docket Numbers: RP09–375–000. Docket Numbers: RP09–381–000. be taken, but will not serve to make Applicants: Columbia Gas Applicants: ANR Pipeline Company. protestants parties to the proceeding. Transmission, LLC. Description: ANA Pipeline Company Anyone filing a motion to intervene or Description: Columbia Gas submits Fifth Revised Sheet 101 et al. to protest must serve a copy of that Transmission, LLC submits Fourteenth FERC Gas Tariff, Second Revised document on the Applicant. In reference Revised Sheet 281 et al. to FERC Gas Volume 1, to be effective 4/1/09. to filings initiating a new proceeding, Tariff Second Revised Volume 1, to be Filed Date: 02/20/2009. interventions or protests submitted on effective 3/23/09. Accession Number: 20090223–0017. or before the comment deadline need Filed Date: 02/20/2009. Comment Date: 5 p.m. Eastern Time not be served on persons other than the Accession Number: 20090223–0013. on Wednesday, March 4, 2009. Applicant. Comment Date: 5 p.m. Eastern Time Docket Numbers: RP09–382–000. The Commission encourages on Wednesday, March 4, 2009. Applicants: ANR Storage Company. electronic submission of protests and Docket Numbers: RP09–376–000. Description: ANR Storage Company interventions in lieu of paper, using the Applicants: Sabine Pipe Line LLC. submits Fourth Revised Sheet 131 et al. FERC Online links at http:// Description: Sabine Pipe Line request to FERC Gas Tariff, Original Volume 1, www.ferc.gov. To facilitate electronic for temporary waiver of certain tariff to be effective 4/1/09. service, persons with Internet access provisions and Commission Filed Date: 02/20/2009. who will eFile a document and/or be Regulations. Accession Number: 20090223–0018. listed as a contact for an intervenor Filed Date: 02/20/2009. Comment Date: 5 p.m. Eastern Time must create and validate an Accession Number: 20090223–0011. on Wednesday, March 4, 2009. eRegistration account using the Comment Date: 5 p.m. Eastern Time Docket Numbers: RP09–383–000. eRegistration link. Select the eFiling on Wednesday, March 4, 2009. Applicants: Blue Lake Gas Storage link to log on and submit the Docket Numbers: RP09–377–000. Company. intervention or protests. Applicants: Chandeleur Pipe Line Description: Blue Lake Gas Storage Persons unable to file electronically Company. Company submits Third Revised Sheet should submit an original and 14 copies
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of the intervention or protest to the Discussion Questions. The Staff’s to the check valves would allow LNG to Federal Energy Regulatory Commission, Response to Discussion Questions has flow in the direction for ship loading 888 First St., NE., Washington, DC been revised to organize better the from the LNG Storage Tanks. 20426. previous information posted with The terminal operations currently The filings in the above proceedings respect to the December 3, 2008 utilize the Phase I facilities under are accessible in the Commission’s technical conference and to add Docket CP04–47–000. Until the Phase II eLibrary system by clicking on the additional information. In addition, the facilities under Docket CP05–396–000 appropriate link in the above list. They dates on which each item is revised will are fully operational, LNG export are also available for review in the be listed so that viewers can more easily operations would be limited to one Commission’s Public Reference Room in determine the new items that have been transfer arm at a maximum rate of 6,000 Washington, DC. There is an added as the document is revised. cubic meters per hour (m3/hr). Once the eSubscription link on the Web site that Because these documents will be Phase II facilities are fully operational, enables subscribers to receive e-mail updated and revised on a regular basis, two transfer arms on one Jetty would be notification when a document is added a Secretary’s Notice will not be used for exporting LNG at a loading rate to a subscribed docket(s). For assistance published for every change made on the of 12,000 m3/hr. with any FERC Online service, please e- eTariff Web site. Instead, an RSS feed The terminal would be able to operate mail [email protected], or has been established for the Web site so in a dual import/export capacity or call (866) 208–3676 (toll free). For TTY, that software companies and vendors solely as an import terminal depending call (202) 502–8659. can be alerted when information on the on market conditions. In a dual site is revised. Anyone may subscribe to operational capacity that utilizes Phase Nathaniel J. Davis, Sr., I and II facilities, one jetty would be Deputy Secretary. the RSS feed which is located at http://www.ferc.gov/xml/etariff.xml. dedicated for loading and the other for [FR Doc. E9–4222 Filed 2–26–09; 8:45 am] For further information, please unloading. However, the valve BILLING CODE 6717–01–P contact Keith Pierce at 202–502–8525 or modifications and unloading arms by sending an e-mail to would not be permanent and could [email protected]. either be returned to full unloading or DEPARTMENT OF ENERGY kept in-place to allow for dual import/ Kimberly D. Bose, Federal Energy Regulatory export functionality. No other modifications to equipment, Commission Secretary. [FR Doc. E9–4245 Filed 2–26–09; 8:45 am] plant processes, or safety systems would [Docket No. RM01–5–000] BILLING CODE 6717–01–P be required to facilitate export operations. Additionally, no new Electronic Tariff Filings; Notice of environmental resources and no new Posting of Information and DEPARTMENT OF ENERGY stakeholders would be affected. Establishment of RSS Feed The EA has been placed in the public Federal Energy Regulatory February 23, 2009. files of the FERC. A limited number of Commission In Order No. 714,1 the Commission copies of the EA are available for adopted regulations requiring that, as of [Docket Nos. CP04–47–001 and CP05–396– distribution and public inspection at: April 1, 2010, tariff and tariff related 001] Federal Energy Regulatory Commission, filings must be made electronically Public Reference Room, 888 First Street, according to a set of protocols and Sabine Pass LNG, L.P.; Notice of NE., Room 2A, Washington, DC 20426, standards. A Web site (http:// Availability of the Environmental (202) 502–8371. Copies of the EA have been mailed to www.ferc.gov/docs-filing/etariff.asp) Assessment for the Proposed Sabine Federal, State, and local agencies; and an e-mail address ([email protected]) Pass LNG Export Project public interest groups; interested have been established to provide February 23, 2009. individuals and affected landowners; information, and respond to questions, The staff of the Federal Energy newspapers and libraries; and parties to about the protocols and standards. Regulatory Commission (FERC or The information on the Web site this proceeding. Commission) has prepared an Any person wishing to comment on needs to be updated and revised from environmental assessment (EA) on the the EA may do so. To ensure time to time. Answers to the questions liquefied natural gas (LNG) facilities consideration prior to a Commission received through e-mail also may be of proposed by Sabine Pass LNG, L.P. decision on the proposal, it is important value to software providers and (Sabine Pass) in the above-referenced that we receive your comments before companies other than the requester. In docket. the date specified below. order to ensure that all vendors and The EA was prepared to satisfy the You can make a difference by providers have access to this requirements of the National providing us with your specific information, the questions and answers Environmental Policy Act. The FERC comments or concerns about the Sabine will be posted on the Web site under the staff concludes that approval of the Export Project. Your comments should ‘‘Staff’s Response to Discussion proposed project, with appropriate focus on the potential environmental Questions’’ link. Similar questions may mitigating measures, would not effects, reasonable alternatives, and be grouped together with a single constitute a major federal action measures to avoid or lessen response. environmental impacts. The more The following revised documents are significantly affecting the quality of the specific your comments, the more useful being posted: Preliminary FERC eTariff human environment. they will be. To ensure that your Rules Table, Type of Filing, Attachment In order to operate its facility for the comments are timely and properly Reference Code, and Staff’s Response to purpose of exporting LNG, Sabine Pass is proposing to modify four 24-inch recorded, please send in your comments 1 Electronic Tariff Filings, Order No. 714, 73 FR diameter check valves located on so that they will be received in 57515 (Oct. 3, 2008), 124 FERC ¶ 61,270 (Sept. 19, Transfer Arms A and D on the East and Washington, DC on or before March 23, 2008). West Jetty Platforms. The modifications 2009.
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For your convenience, there are three not need intervenor status to have your appropriate. Such notices, motions, or methods in which you can use to submit comments considered. protests must be filed on or before the your comments to the Commission. In Additional information about the comment date. On or before the all instances please reference the project project is available from the comment date, it is not necessary to docket numbers CP04–47–001 and Commission’s Office of External Affairs, serve motions to intervene or protests CP05–396–001 with your submission. at 1–866–208–FERC or on the FERC on persons other than the Applicant. The docket number can be found on the Internet Web site (http://www.ferc.gov) The Commission encourages front of this notice. The Commission using the eLibrary link. Click on the electronic submission of protests and encourages electronic filing of eLibrary link, click on ‘‘General Search’’ interventions in lieu of paper using the comments and has dedicated eFiling and enter the docket number excluding ‘‘eFiling’’ link at http://www.ferc.gov. expert staff available to assist you at the last three digits in the Docket Persons unable to file electronically 202–502–8258 or [email protected]. Number field. Be sure you have selected should submit an original and 14 copies (1) You may file your comments an appropriate date range. For of the protest or intervention to the electronically by using the Quick assistance, please contact FERC Online Federal Energy Regulatory Commission, Comment feature, which is located on Support at [email protected] 888 First Street, NE., Washington, DC the Commission’s Internet Web site at or toll free at 1–866–208–3676, or for 20426. http://www.ferc.gov under the link to TTY, contact (202) 502–8659. The This filing is accessible on-line at Documents and Filings. A Quick eLibrary link also provides access to the http://www.ferc.gov, using the Comment is an easy method for texts of formal documents issued by the ‘‘eLibrary’’ link and is available for interested persons to submit text-only Commission, such as orders, notices, review in the Commission’s Public comments on a project; and rulemakings. Reference Room in Washington, DC. (2) You may file your comments In addition, the Commission now There is an ‘‘eSubscription’’ link on the electronically by using the eFiling offers a free service called eSubscription Web site that enables subscribers to feature, which is located on the which allows you to keep track of all receive e-mail notification when a Commission’s Internet Web site at formal issuances and submittals in document is added to a subscribed http://www.ferc.gov under the link to specific dockets. This can reduce the docket(s). For assistance with any FERC Documents and Filings. eFiling involves amount of time you spend researching Online service, please e-mail preparing your submission in the same proceedings by automatically providing [email protected], or call manner as you would if filing on paper, you with notification of these filings, (866) 208–3676 (toll free). For TTY, call and then saving the file on your document summaries and direct links to (202) 502–8659. computer’s hard drive. You will attach the documents. Go to http:// Comment Date: 5 p.m. Eastern Time that file as your submission. New www.ferc.gov/esubscribenow.htm. on March 6, 2009. eFiling users must first create an Kimberly D. Bose, Kimberly D. Bose, account by clicking on ‘‘Sign up’’ or Secretary. Secretary. ‘‘eRegister.’’ You will be asked to select [FR Doc. E9–4247 Filed 2–26–09; 8:45 am] the type of filing you are making. A [FR Doc. E9–4178 Filed 2–26–09; 8:45 am] comment on a particular project is BILLING CODE 6717–01–P BILLING CODE 6717–01–P considered a ‘‘Comment on a Filing;’’ or (3) You may file your comments via DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY mail to the Commission by sending an original and two copies of your letter to: Federal Energy Regulatory Federal Energy Regulatory Kimberly D. Bose, Secretary, Federal Commission Commission Energy Regulatory Commission, 888 [Docket No. ID–5975–000] First St., NE., Room 1A, Washington, DC [Docket No. ER09–687–000] 20426; Label one copy of the comments Currin, Earl C., Jr.; Notice of Filing for the attention of Gas Branch 2, PJ11.2. Florida MSW LLC; Supplemental Comments will be considered by the February 20, 2009. Notice That Initial Market-Based Rate Commission but will not serve to make Take notice that on February 13, 2009, Filing Includes Request for Blanket the commentor a party to the Earl C. Currin, Jr. submitted for filing, Section 204 Authorization proceeding. Any person seeking to an application for authority to hold become a party to the proceeding must interlocking positions, pursuant to February 20, 2009. file a motion to intervene pursuant to section 305(b) of the Federal Power Act, This is a supplemental notice in the Rule 214 of the Commission’s Rules of 16 U.S.C. 825d(b) (2008), Part 45 of Title above-referenced proceeding of Florida Practice and Procedures (18 CFR 18 of the Code of Federal Regulations, MSW LLC’s application for market- 385.214).1 Only intervenors have the 18 CFR Part 45 (2008), and Commission based rate authority, with an right to seek rehearing of the Order No. 664 (2005). accompanying rate tariff, noting that Commission’s decision. Any person desiring to intervene or to such application includes a request for Affected landowners and parties with protest this filing must file in blanket authorization, under 18 CFR environmental concerns may be granted accordance with Rules 211 and 214 of part 34, of future issuances of securities intervenor status upon showing good the Commission’s Rules of Practice and and assumptions of liability. cause by stating that they have a clear Procedure (18 CFR 385.211, 385.214). Any person desiring to intervene or to and direct interest in this proceeding Protests will be considered by the protest should file with the Federal which would not be adequately Commission in determining the Energy Regulatory Commission, 888 represented by any other parties. You do appropriate action to be taken, but will First Street, NE., Washington, DC, not serve to make protestants parties to 20426, in accordance with Rules 211 1 Interventions may also be filed electronically via the proceeding. Any person wishing to and 214 of the Commission’s Rules of the Internet in lieu of paper. See the previous become a party must file a notice of Practice and Procedure (18 CFR 385.211 discussion on filing comments electronically. intervention or motion to intervene, as and 385.214). Anyone filing a motion to
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intervene or protest must serve a copy blanket authorization, under 18 CFR DEPARTMENT OF ENERGY of that document on the Applicant. part 34, of future issuances of securities Notice is hereby given that the and assumptions of liability. Federal Energy Regulatory Commission deadline for filing protests with regard Any person desiring to intervene or to to the applicant’s request for blanket protest should file with the Federal [Docket No. ER09–689–000] authorization, under 18 CFR part 34, of Energy Regulatory Commission, 888 future issuances of securities and Florida MSW3 LLC; Supplemental First Street, NE., Washington, DC 20426, assumptions of liability, is March 12, Notice That Initial Market-Based Rate in accordance with Rules 211 and 214 2009. Filing Includes Request for Blanket The Commission encourages of the Commission’s Rules of Practice Section 204 Authorization electronic submission of protests and and Procedure (18 CFR 385.211 and interventions in lieu of paper, using the 385.214). Anyone filing a motion to February 20, 2009. FERC Online links at http:// intervene or protest must serve a copy This is a supplemental notice in the www.ferc.gov. To facilitate electronic of that document on the Applicant. above-referenced proceeding of Florida service, persons with Internet access Notice is hereby given that the MSW3 LLC’s application for market- based rate authority, with an who will eFile a document and/or be deadline for filing protests with regard accompanying rate tariff, noting that listed as a contact for an intervenor to the applicant’s request for blanket must create and validate an such application includes a request for authorization, under 18 CFR part 34, of blanket authorization, under 18 CFR eRegistration account using the future issuances of securities and eRegistration link. Select the eFiling part 34, of future issuances of securities assumptions of liability, is March 16, and assumptions of liability. link to log on and submit the 2009. intervention or protests. Any person desiring to intervene or to Persons unable to file electronically The Commission encourages protest should file with the Federal should submit an original and 14 copies electronic submission of protests and Energy Regulatory Commission, 888 of the intervention or protest to the interventions in lieu of paper, using the First Street, NE., Washington, DC, Federal Energy Regulatory Commission, FERC Online links at http:// 20426, in accordance with Rules 211 888 First St., NE., Washington, DC, www.ferc.gov. To facilitate electronic and 214 of the Commission’s Rules of 20426. service, persons with Internet access Practice and Procedure (18 CFR 385.211 The filings in the above-referenced who will eFile a document and/or be and 385.214). Anyone filing a motion to proceeding are accessible in the listed as a contact for an intervenor intervene or protest must serve a copy Commission’s eLibrary system by must create and validate an of that document on the Applicant. clicking on the appropriate link in the Notice is hereby given that the eRegistration account using the deadline for filing protests with regard above list. They are also available for eRegistration link. Select the eFiling review in the Commission’s Public to the applicant’s request for blanket link to log on and submit the authorization, under 18 CFR part 34, of Reference Room in Washington, DC. intervention or protests. There is an eSubscription link on the future issuances of securities and Web site that enables subscribers to Persons unable to file electronically assumptions of liability, is March 12, receive e-mail notification when a should submit an original and 14 copies 2009. The Commission encourages document is added to a subscribed of the intervention or protest to the electronic submission of protests and docket(s). For assistance with any FERC Federal Energy Regulatory Commission, interventions in lieu of paper, using the Online service, please e-mail 888 First St., NE., Washington, DC, FERC Online links at http:// [email protected] or call 20426. www.ferc.gov. To facilitate electronic (866) 208–3676 (toll free). For TTY, call The filings in the above-referenced service, persons with Internet access (202) 502–8659. proceeding are accessible in the who will eFile a document and/or be Kimberly D. Bose, Commission’s eLibrary system by listed as a contact for an intervenor Secretary. clicking on the appropriate link in the must create and validate an above list. They are also available for [FR Doc. E9–4165 Filed 2–26–09; 8:45 am] eRegistration account using the review in the Commission’s Public BILLING CODE 6717–01–P eRegistration link. Select the eFiling Reference Room in Washington, DC. link to log on and submit the There is an eSubscription link on the intervention or protests. DEPARTMENT OF ENERGY Web site that enables subscribers to Persons unable to file electronically receive e-mail notification when a should submit an original and 14 copies Federal Energy Regulatory document is added to a subscribed of the intervention or protest to the Commission docket(s). For assistance with any FERC Federal Energy Regulatory Commission, [Docket No. ER09–691–000] Online service, please e-mail 888 First St., NE., Washington, DC [email protected] or call 20426. Florida MSW2, LLC; Supplemental (866) 208–3676 (toll free). For TTY, call The filings in the above-referenced Notice That Initial Market-Based Rate (202) 502–8659. proceeding are accessible in the Filing Includes Request for Blanket Commission’s eLibrary system by Section 204 Authorization Kimberly D. Bose, clicking on the appropriate link in the Secretary. above list. They are also available for February 23, 2009. [FR Doc. E9–4246 Filed 2–26–09; 8:45 am] review in the Commission’s Public This is a supplemental notice in the BILLING CODE 6717–01–P Reference Room in Washington, DC. above-referenced proceeding of Florida There is an eSubscription link on the MSW2 LLC’s application for market- Web site that enables subscribers to based rate authority, with an receive e-mail notification when a accompanying rate tariff, noting that document is added to a subscribed such application includes a request for docket(s). For assistance with any FERC
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Online service, please e-mail The filings in the above-referenced must create and validate an [email protected] or call proceeding are accessible in the eRegistration account using the (866) 208–3676 (toll free). For TTY, call Commission’s eLibrary system by eRegistration link. Select the eFiling (202) 502–8659. clicking on the appropriate link in the link to log on and submit the above list. They are also available for intervention or protests. Kimberly D. Bose, review in the Commission’s Public Persons unable to file electronically Secretary. Reference Room in Washington, DC. should submit an original and 14 copies [FR Doc. E9–4167 Filed 2–26–09; 8:45 am] There is an eSubscription link on the of the intervention or protest to the BILLING CODE 6717–01–P Web site that enables subscribers to Federal Energy Regulatory Commission, receive e-mail notification when a 888 First St., NE., Washington, DC document is added to a subscribed 20426. DEPARTMENT OF ENERGY docket(s). For assistance with any FERC The filings in the above-referenced proceeding are accessible in the Federal Energy Regulatory Online service, please e-mail Commission’s eLibrary system by Commission [email protected] or call (866) 208–3676 (toll free). For TTY, call clicking on the appropriate link in the (202) 502–8659. above list. They are also available for [Docket No. ER09–690–000] review in the Commission’s Public Kimberly D. Bose, Reference Room in Washington, DC. Florida MSW4 LLC; Supplemental Secretary. There is an eSubscription link on the Notice that Initial Market-Based Rate [FR Doc. E9–4168 Filed 2–26–09; 8:45 am] Web site that enables subscribers to Filing Includes Request for Blanket BILLING CODE 6717–01–P receive e-mail notification when a Section 204 Authorization document is added to a subscribed February 20, 2009. docket(s). For assistance with any FERC DEPARTMENT OF ENERGY This is a supplemental notice in the Online service, please e-mail [email protected]. or call above-referenced proceeding of Florida Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call MSW4 LLC’s application for market- Commission based rate authority, with an (202) 502–8659. [Docket No. ER09–688–000] accompanying rate tariff, noting that Kimberly D. Bose, such application includes a request for Florida MSW5 LLC; Supplemental Secretary. blanket authorization, under 18 CFR Notice That Initial Market-Based Rate [FR Doc. E9–4166 Filed 2–26–09; 8:45 am] part 34, of future issuances of securities Filing Includes Request for Blanket BILLING CODE 6717–01–P and assumptions of liability. Section 204 Authorization Any person desiring to intervene or to protest should file with the Federal February 20, 2009. DEPARTMENT OF ENERGY Energy Regulatory Commission, 888 This is a supplemental notice in the First Street, NE., Washington, DC, above-referenced proceeding of Florida Federal Energy Regulatory 20426, in accordance with Rules 211 MSW5 LLC’s application for market- Commission and 214 of the Commission’s Rules of based rate authority, with an [Docket No. ER09–693–000] Practice and Procedure (18 CFR 385.211 accompanying rate tariff, noting that and 385.214). Anyone filing a motion to such application includes a request for Kentucky MSW1 LLC; Supplemental intervene or protest must serve a copy blanket authorization, under 18 CFR Notice That Initial Market-Based Rate of that document on the Applicant. part 34, of future issuances of securities Filing Includes Request for Blanket Notice is hereby given that the and assumptions of liability. Section 204 Authorization deadline for filing protests with regard Any person desiring to intervene or to to the applicant’s request for blanket protest should file with the Federal February 20, 2009. authorization, under 18 CFR part 34, of Energy Regulatory Commission, 888 This is a supplemental notice in the future issuances of securities and First Street, NE., Washington, DC 20426, above-referenced proceeding of assumptions of liability, is March 12, in accordance with Rules 211 and 214 Kentucky MSW1 LLC’s application for 2009. of the Commission’s Rules of Practice market-based rate authority, with an The Commission encourages and Procedure (18 CFR 385.211 and accompanying rate tariff, noting that electronic submission of protests and 385.214). Anyone filing a motion to such application includes a request for interventions in lieu of paper, using the intervene or protest must serve a copy blanket authorization, under 18 CFR FERC Online links at http:// of that document on the Applicant. part 34, of future issuances of securities www.ferc.gov. To facilitate electronic Notice is hereby given that the and assumptions of liability. service, persons with Internet access deadline for filing protests with regard Any person desiring to intervene or to who will eFile a document and/or be to the applicant’s request for blanket protest should file with the Federal listed as a contact for an intervenor authorization, under 18 CFR part 34, of Energy Regulatory Commission, 888 must create and validate an future issuances of securities and First Street, NE., Washington, DC 20426, eRegistration account using the assumptions of liability, is March 12, in accordance with Rules 211 and 214 eRegistration link. Select the eFiling 2009. of the Commission’s Rules of Practice link to log on and submit the The Commission encourages and Procedure (18 CFR 385.211 and intervention or protests. electronic submission of protests and 385.214). Anyone filing a motion to Persons unable to file electronically interventions in lieu of paper, using the intervene or protest must serve a copy should submit an original and 14 copies FERC Online links at http:// of that document on the Applicant. of the intervention or protest to the www.ferc.gov. To facilitate electronic Notice is hereby given that the Federal Energy Regulatory Commission, service, persons with Internet access deadline for filing protests with regard 888 First St., NE., Washington, DC, who will eFile a document and/or be to the applicant’s request for blanket 20426. listed as a contact for an intervenor authorization, under 18 CFR part 34, of
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future issuances of securities and First Street, NE., Washington, DC 20426, DEPARTMENT OF ENERGY assumptions of liability, is March 12, in accordance with Rules 211 and 214 2009. of the Commission’s Rules of Practice Federal Energy Regulatory The Commission encourages and Procedure (18 CFR 385.211 and Commission electronic submission of protests and § 385.214). Anyone filing a motion to [Docket No. ER09–692–000] interventions in lieu of paper, using the intervene or protest must serve a copy FERC Online links at http:// of that document on the Applicant. Marshall County/Holly Springs MSW www.ferc.gov. To facilitate electronic LLC; Supplemental Notice That Initial Notice is hereby given that the service, persons with Internet access Market-Based Rate Filing Includes who will eFile a document and/or be deadline for filing protests with regard Request for Blanket Section 204 listed as a contact for an intervenor to the applicant’s request for blanket Authorization must create and validate an authorization, under 18 CFR Part 34, of eRegistration account using the future issuances of securities and February 20, 2009. eRegistration link. Select the eFiling assumptions of liability, is March 12, This is a supplemental notice in the link to log on and submit the 2009. above-referenced proceeding of Marshall County/Holly Springs MSW intervention or protests. The Commission encourages Persons unable to file electronically LLC’s application for market-based rate electronic submission of protests and authority, with an accompanying rate should submit an original and 14 copies interventions in lieu of paper, using the of the intervention or protest to the tariff, noting that such application FERC Online links at http:// includes a request for blanket Federal Energy Regulatory Commission, www.ferc.gov. To facilitate electronic 888 First St., NE., Washington, DC authorization, under 18 CFR part 34, of service, persons with Internet access future issuances of securities and 20426. who will eFile a document and/or be The filings in the above-referenced assumptions of liability. listed as a contact for an intervenor proceeding are accessible in the Any person desiring to intervene or to Commission’s eLibrary system by must create and validate an protest should file with the Federal clicking on the appropriate link in the eRegistration account using the Energy Regulatory Commission, 888 above list. They are also available for eRegistration link. Select the eFiling First Street, NE., Washington, DC 20426, review in the Commission’s Public link to log on and submit the in accordance with Rules 211 and 214 Reference Room in Washington, DC. intervention or protests. of the Commission’s Rules of Practice There is an eSubscription link on the Persons unable to file electronically and Procedure (18 CFR 385.211 and Web site that enables subscribers to should submit an original and 14 copies 385.214). Anyone filing a motion to intervene or protest must serve a copy receive e-mail notification when a of the intervention or protest to the of that document on the Applicant. document is added to a subscribed Federal Energy Regulatory Commission, docket(s). For assistance with any FERC Notice is hereby given that the 888 First St., NE., Washington, DC deadline for filing protests with regard Online service, please e-mail 20426. [email protected]. or call to the applicant’s request for blanket (866) 208–3676 (toll free). For TTY, call The filings in the above-referenced authorization, under 18 CFR part 34, of (202) 502–8659. proceeding are accessible in the future issuances of securities and Commission’s eLibrary system by assumptions of liability, is March 12, Kimberly D. Bose, clicking on the appropriate link in the 2009. Secretary. above list. They are also available for The Commission encourages [FR Doc. E9–4170 Filed 2–26–09; 8:45 am] review in the Commission’s Public electronic submission of protests and BILLING CODE 6717–01–P Reference Room in Washington, DC. interventions in lieu of paper, using the There is an eSubscription link on the FERC Online links at http:// Web site that enables subscribers to www.ferc.gov. To facilitate electronic DEPARTMENT OF ENERGY receive e-mail notification when a service, persons with Internet access who will eFile a document and/or be document is added to a subscribed Federal Energy Regulatory listed as a contact for an intervenor docket(s). For assistance with any FERC Commission must create and validate an Online service, please e-mail [Docket No. ER09–694–000] eRegistration account using the [email protected]. or call eRegistration link. Select the eFiling (866) 208–3676 (toll free). For TTY, call Kentucky MSW2 LLC; Supplemental link to log on and submit the (202) 502–8659. Notice That Initial Market-Based Rate intervention or protests. Filing Includes Request for Blanket Kimberly D. Bose, Persons unable to file electronically should submit an original and 14 copies Section 204 Authorization Secretary. of the intervention or protest to the February 20, 2009. [FR Doc. E9–4171 Filed 2–26–09; 8:45 am] Federal Energy Regulatory Commission, This is a supplemental notice in the BILLING CODE 6717–01–P 888 First St., NE., Washington, DC above-referenced proceeding of 20426. Kentucky MSW2 LLC’s application for The filings in the above-referenced market-based rate authority, with an proceeding are accessible in the accompanying rate tariff, noting that Commission’s eLibrary system by such application includes a request for clicking on the appropriate link in the blanket authorization, under 18 CFR above list. They are also available for part 34, of future issuances of securities review in the Commission’s Public and assumptions of liability. Reference Room in Washington, DC. Any person desiring to intervene or to There is an eSubscription link on the protest should file with the Federal Web site that enables subscribers to Energy Regulatory Commission, 888 receive e-mail notification when a
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document is added to a subscribed 888 First St., NE., Washington, DC, who will eFile a document and/or be docket(s). For assistance with any FERC 20426. listed as a contact for an intervenor Online service, please e-mail The filings in the above-referenced must create and validate an [email protected], or call proceeding are accessible in the eRegistration account using the (866) 208–3676 (toll free). For TTY, call Commission’s eLibrary system by eRegistration link. Select the eFiling (202) 502–8659. clicking on the appropriate link in the link to log on and submit the above list. They are also available for intervention or protests. Kimberly D. Bose, review in the Commission’s Public Persons unable to file electronically Secretary. Reference Room in Washington, DC. should submit an original and 14 copies [FR Doc. E9–4169 Filed 2–26–09; 8:45 am] There is an eSubscription link on the of the intervention or protest to the BILLING CODE 6717–01–P Web site that enables subscribers to Federal Energy Regulatory Commission, receive e-mail notification when a 888 First St., NE., Washington, DC, document is added to a subscribed 20426. DEPARTMENT OF ENERGY docket(s). For assistance with any FERC The filings in the above-referenced proceeding are accessible in the Federal Energy Regulatory Online service, please e-mail Commission’s eLibrary system by Commission [email protected] or call (866) 208–3676 (toll free). For TTY, call clicking on the appropriate link in the (202) 502–8659. above list. They are also available for [Docket No. ER09–700–000] review in the Commission’s Public Kimberly D. Bose, Reference Room in Washington, DC. Minnesota MSW1 LLC; Supplemental Secretary. There is an eSubscription link on the Notice That Initial Market-Based Rate [FR Doc. E9–4177 Filed 2–26–09; 8:45 am] Web site that enables subscribers to Filing Includes Request for Blanket BILLING CODE 6717–01–P receive e-mail notification when a Section 204 Authorization document is added to a subscribed February 20, 2009. docket(s). For assistance with any FERC DEPARTMENT OF ENERGY This is a supplemental notice in the Online service, please e-mail above-referenced proceeding of Federal Energy Regulatory [email protected] or call Minnesota MSW1 LLC’s application for Commission (866) 208–3676 (toll free). For TTY, call market-based rate authority, with an (202) 502–8659. [Docket No. ER09–698–000] accompanying rate tariff, noting that Kimberly D. Bose, such application includes a request for New Mexico MSW1 LLC; Supplemental Secretary. blanket authorization, under 18 CFR Notice That Initial Market-Based Rate [FR Doc. E9–4175 Filed 2–26–09; 8:45 am] part 34, of future issuances of securities Filing Includes Request for Blanket BILLING CODE 6717–01–P and assumptions of liability. Section 204 Authorization Any person desiring to intervene or to protest should file with the Federal February 20, 2009. DEPARTMENT OF ENERGY Energy Regulatory Commission, 888 This is a supplemental notice in the First Street, NE., Washington, DC, above-referenced proceeding of New Federal Energy Regulatory 20426, in accordance with Rules 211 Mexico MSW1 LLC’s application for Commission and 214 of the Commission’s Rules of market-based rate authority, with an [Docket No. ER09–696–000] Practice and Procedure (18 CFR 385.211 accompanying rate tariff, noting that and 385.214). Anyone filing a motion to such application includes a request for New Mexico MSW2 LLC; Supplemental intervene or protest must serve a copy blanket authorization, under 18 CFR Notice That Initial Market-Based Rate of that document on the Applicant. part 34, of future issuances of securities Filing Includes Request for Blanket Notice is hereby given that the and assumptions of liability. Section 204 Authorization deadline for filing protests with regard Any person desiring to intervene or to to the applicant’s request for blanket protest should file with the Federal February 20, 2009. authorization, under 18 CFR part 34, of Energy Regulatory Commission, 888 This is a supplemental notice in the future issuances of securities and First Street, NE., Washington, DC, above-referenced proceeding of New assumptions of liability, is March 12, 20426, in accordance with Rules 211 Mexico MSW2 LLC’s application for 2009. and 214 of the Commission’s Rules of market-based rate authority, with an The Commission encourages Practice and Procedure (18 CFR 385.211 accompanying rate tariff, noting that electronic submission of protests and and 385.214). Anyone filing a motion to such application includes a request for interventions in lieu of paper, using the intervene or protest must serve a copy blanket authorization, under 18 CFR FERC Online links at http:// of that document on the Applicant. part 34, of future issuances of securities www.ferc.gov. To facilitate electronic Notice is hereby given that the and assumptions of liability. service, persons with Internet access deadline for filing protests with regard Any person desiring to intervene or to who will eFile a document and/or be to the applicant’s request for blanket protest should file with the Federal listed as a contact for an intervenor authorization, under 18 CFR part 34, of Energy Regulatory Commission, 888 must create and validate an future issuances of securities and First Street, NE., Washington, DC, eRegistration account using the assumptions of liability, is March 12, 20426, in accordance with Rules 211 eRegistration link. Select the eFiling 2009. and 214 of the Commission’s Rules of link to log on and submit the The Commission encourages Practice and Procedure (18 CFR 385.211 intervention or protests. electronic submission of protests and and 385.214). Anyone filing a motion to Persons unable to file electronically interventions in lieu of paper, using the intervene or protest must serve a copy should submit an original and 14 copies FERC Online links at http:// of that document on the Applicant. of the intervention or protest to the www.ferc.gov. To facilitate electronic Notice is hereby given that the Federal Energy Regulatory Commission, service, persons with Internet access deadline for filing protests with regard
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to the applicant’s request for blanket Any person desiring to intervene or to DEPARTMENT OF ENERGY authorization, under 18 CFR part 34, of protest should file with the Federal future issuances of securities and Energy Regulatory Commission, 888 Federal Energy Regulatory assumptions of liability, is March 12, First Street, NE., Washington, DC, Commission 2009. 20426, in accordance with Rules 211 [Docket No. ER09–699–000] The Commission encourages and 214 of the Commission’s Rules of electronic submission of protests and Practice and Procedure (18 CFR 385.211 Oregon MSW1 LLC; Supplemental interventions in lieu of paper, using the and 385.214). Anyone filing a motion to Notice That Initial Market-Based Rate FERC Online links at http:// intervene or protest must serve a copy Filing Includes Request for Blanket www.ferc.gov. To facilitate electronic of that document on the Applicant. Section 204 Authorization service, persons with Internet access who will eFile a document and/or be Notice is hereby given that the February 20, 2009. listed as a contact for an intervenor deadline for filing protests with regard This is a supplemental notice in the must create and validate an to the applicant’s request for blanket above-referenced proceeding of Oregon eRegistration account using the authorization, under 18 CFR part 34, of MSW1 LLC’s application for market- eRegistration link. Select the eFiling future issuances of securities and based rate authority, with an link to log on and submit the assumptions of liability, is March 12, accompanying rate tariff, noting that intervention or protests. 2009. such application includes a request for Persons unable to file electronically blanket authorization, under 18 CFR The Commission encourages part 34, of future issuances of securities should submit an original and 14 copies electronic submission of protests and of the intervention or protest to the and assumptions of liability. interventions in lieu of paper, using the Any person desiring to intervene or to Federal Energy Regulatory Commission, FERC Online links at http:// protest should file with the Federal 888 First St., NE., Washington, DC, www.ferc.gov. To facilitate electronic Energy Regulatory Commission, 888 20426. service, persons with Internet access First Street, NE., Washington, DC 20426, The filings in the above-referenced who will eFile a document and/or be in accordance with Rules 211 and 214 proceeding are accessible in the listed as a contact for an intervenor of the Commission’s Rules of Practice Commission’s eLibrary system by must create and validate an and Procedure (18 CFR 385.211 and clicking on the appropriate link in the 385.214). Anyone filing a motion to above list. They are also available for eRegistration account using the intervene or protest must serve a copy review in the Commission’s Public eRegistration link. Select the eFiling of that document on the Applicant. Reference Room in Washington, DC. link to log on and submit the intervention or protests. Notice is hereby given that the There is an eSubscription link on the deadline for filing protests with regard Web site that enables subscribers to Persons unable to file electronically to the applicant’s request for blanket receive e-mail notification when a should submit an original and 14 copies authorization, under 18 CFR part 34, of document is added to a subscribed of the intervention or protest to the future issuances of securities and docket(s). For assistance with any FERC Federal Energy Regulatory Commission, assumptions of liability, is March 12, Online service, please e-mail 888 First St., NE., Washington, DC 2009. [email protected] or call 20426. The Commission encourages (866) 208–3676 (toll free). For TTY, call The filings in the above-referenced electronic submission of protests and (202) 502–8659. proceeding are accessible in the interventions in lieu of paper, using the Kimberly D. Bose, Commission’s eLibrary system by FERC Online links at http:// Secretary. clicking on the appropriate link in the www.ferc.gov. To facilitate electronic [FR Doc. E9–4173 Filed 2–26–09; 8:45 am] above list. They are also available for service, persons with Internet access who will eFile a document and/or be BILLING CODE 6717–01–P review in the Commission’s Public Reference Room in Washington, DC. listed as a contact for an intervenor must create and validate an There is an eSubscription link on the eRegistration account using the DEPARTMENT OF ENERGY Web site that enables subscribers to eRegistration link. Select the eFiling receive e-mail notification when a Federal Energy Regulatory link to log on and submit the document is added to a subscribed Commission intervention or protests. docket(s). For assistance with any FERC Persons unable to file electronically Online service, please e-mail [Docket No. ER09–695–000] should submit an original and 14 copies [email protected] or call of the intervention or protest to the Ohio MSW1 LLC; Supplemental Notice (866) 208–3676 (toll free). For TTY, call Federal Energy Regulatory Commission, That Initial Market-Based Rate Filing (202) 502–8659. 888 First St., NE., Washington, DC 20426. Includes Request for Blanket Section Kimberly D. Bose, 204 Authorization The filings in the above-referenced Secretary. proceeding are accessible in the February 20, 2009. [FR Doc. E9–4172 Filed 2–26–09; 8:45 am] Commission’s eLibrary system by This is a supplemental notice in the BILLING CODE 6717–01–P clicking on the appropriate link in the above-referenced proceeding of Ohio above list. They are also available for MSW1 LLC’s application for market- review in the Commission’s Public based rate authority, with an Reference Room in Washington, DC. accompanying rate tariff, noting that There is an eSubscription link on the such application includes a request for Web site that enables subscribers to blanket authorization, under 18 CFR receive e-mail notification when a Part 34, of future issuances of securities document is added to a subscribed and assumptions of liability. docket(s). For assistance with any FERC
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Online service, please e-mail The filings in the above-referenced line is to address in-line inspection tool [email protected], or call proceeding are accessible in the problems experienced by EPNG. EPNG (866) 208–3676 (toll free). For TTY, call Commission’s eLibrary system by proposes to replace certain pipeline (202) 502–8659. clicking on the appropriate link in the bends and chill rings that have jammed above list. They are also available for Kimberly D. Bose, the in-line inspection tool during past review in the Commission’s Public Secretary. inspections. EPNG also proposes to Reference Room in Washington, DC. subsequently hydrostatically test the [FR Doc. E9–4176 Filed 2–26–09; 8:45 am] There is an eSubscription link on the pipeline segment to allow for the higher BILLING CODE 6717–01–P Web site that enables subscribers to MAOP. EPNG estimates the cost to receive e-mail notification when a uprate the MAOP including the pipe document is added to a subscribed DEPARTMENT OF ENERGY replacements and hydrostatic testing to docket(s). For assistance with any FERC be $3 million. EPNG asserts that the Online service, please e-mail Federal Energy Regulatory MAOP uprate project will not change [email protected], or call Commission the operational or capacity (866) 208–3676 (toll free). For TTY, call (202) 502–8659. characteristics of the pipeline segment. [Docket No. ER09–697–000] Any questions regarding the Kimberly D. Bose, application should be directed to Utah MSW1 LLC; Supplemental Notice Secretary. Richard Derryberry, Director, Regulatory That Initial Market-Based Rate Filing [FR Doc. E9–4174 Filed 2–26–09; 8:45 am] Affairs Department, El Paso Natural Gas Includes Request for Blanket Section BILLING CODE 6717–01–P 204 Authorization Company, Post Office Box 1087, Colorado Springs, Colorado 80944, or February 20, 2009. call (719) 520–3782. DEPARTMENT OF ENERGY This is a supplemental notice in the Any person may, within 60 days after above-referenced proceeding of Utah Federal Energy Regulatory the issuance of the instant notice by the MSW1 LLC’s application for market- Commission Commission, file pursuant to Rule 214 based rate authority, with an [Docket No. CP09–64–000] of the Commission’s Procedural Rules accompanying rate tariff, noting that (18 CFR 385.214) a motion to intervene such application includes a request for El Paso Natural Gas Company; Notice or notice of intervention. Any person blanket authorization, under 18 CFR of Request Under Blanket filing to intervene or the Commission’s part 34, of future issuances of securities Authorization staff may, pursuant to section 157.205 of and assumptions of liability. the Commission’s Regulations under the Any person desiring to intervene or to February 20, 2009. Natural Gas Act (NGA) (18 CFR 157.205) protest should file with the Federal Take notice that on February 11, 2009, Energy Regulatory Commission, 888 El Paso Natural Gas Company (EPNG), file a protest to the request. If no protest First Street, NE., Washington, DC 20426, Post Office Box 1087, Colorado Springs, is filed within the time allowed in accordance with Rules 211 and 214 Colorado 80944, filed in Docket No. therefore, the proposed activity shall be of the Commission’s Rules of Practice CP09–64–000, a prior notice request deemed to be authorized effective the and Procedure (18 CFR 385.211 and pursuant to sections 157.205 and day after the time allowed for protest. If 385.214). Anyone filing a motion to 157.208 of the Federal Energy a protest is filed and not withdrawn intervene or protest must serve a copy Regulatory Commission’s regulations within 30 days after the time allowed of that document on the Applicant. under the Natural Gas Act for for filing a protest, the instant request Notice is hereby given that the authorization to increase the certificated shall be treated as an application for deadline for filing protests with regard Maximum Allowable Operating authorization pursuant to section 7 of to the applicant’s request for blanket Pressure (MAOP) of a segment of a 103⁄4- the NGA. authorization, under 18 CFR part 34, of inch diameter 10.3 mile segment of the The Commission strongly encourages future issuances of securities and Tucson-Phoenix Line (Line No. 1007), electronic filings of comments, protests, assumptions of liability, is March 12, located in Pima County, Arizona, and to and interventions via the Internet in lieu 2009. thereafter operate the pipeline segment of paper. See 18 CFR 385.2001(a)(1)(iii) The Commission encourages at the higher pressure, all as more fully and the instructions on the electronic submission of protests and set forth in the application, which is on Commission’s Web site (http:// interventions in lieu of paper, using the file with the Commission and open to www.ferc.gov) under the ‘‘e-Filing’’ link. FERC Online links at http:// public inspection. The filing may also www.ferc.gov. To facilitate electronic be viewed on the Web at http:// Kimberly D. Bose, service, persons with Internet access www.ferc.gov using the ‘‘eLibrary’’ link. Secretary. who will eFile a document and/or be Enter the docket number excluding the [FR Doc. E9–4164 Filed 2–26–09; 8:45 am] listed as a contact for an intervenor last three digits in the docket number must create and validate an field to access the document. For BILLING CODE 6717–01–P eRegistration account using the assistance, contact FERC at eRegistration link. Select the eFiling [email protected] or call link to log on and submit the toll-free, (866) 208–3676 or TTY, (202) intervention or protests. 502–8659. Persons unable to file electronically Specifically, EPNG proposes to should submit an original and 14 copies increase the MAOP of the 10.3-mile of the intervention or protest to the segment of Line No. 1007 from the Federal Energy Regulatory Commission, current MAOP of 350 psig to the 888 First St., NE., Washington, DC requested 650 psig. EPNG states that the 20426. increase in MAOP of this segment of the
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DEPARTMENT OF ENERGY or (202) 208–1659 (TTY), or send a FAX 0361. EPA’s policy is that all comments to 202–208–2106 with the required received will be included in the public Federal Energy Regulatory accommodations. docket without change and may be Commission For more information about this made available online at http:// [Docket No. AD09–4–000] conference, please contact: Sarah www.regulations.gov, including any McKinley at [email protected], personal information provided, unless Integrating Renewable Resources Into (202) 502–8368. the comment includes information the Wholesale Electric Grid: Kimberly D. Bose, claimed to be Confidential Business Supplemental Notice of Technical Information (CBI) or other information Secretary. Conference whose disclosure is restricted by statute. [FR Doc. E9–4180 Filed 2–26–09; 8:45 am] Do not submit information that you February 20, 2009. BILLING CODE 6717–01–P consider to be CBI or otherwise In a Notice of Technical Conference protected through http:// issued February 4, 2009, the Federal www.regulations.gov or e-mail. The Energy Regulatory Commission ENVIRONMENTAL PROTECTION http://www.regulations.gov Web site is announced that it would host a AGENCY an ‘‘anonymous access’’ system, which technical conference on March 2, 2009, [EPA–HQ–SFUND–2006–0361, FRL–8777–7] means EPA will not know your identity from 9 a.m. to 5 p.m. (EST) in the or contact information unless you Commission Meeting Room at the Agency Information Collection provide it in the body of your comment. Federal Energy Regulatory Commission, Activities; Proposed Collection; If you send an e-mail comment directly 888 First Street, NE., Washington, DC Comment Request; Trade Secret to EPA without going through http:// 20426. The conference will be open for Claims for Emergency Planning and www.regulations.gov your e-mail the public to attend and advance Community Right-to-Know address will be automatically captured registration is not required. Members of Information; EPA ICR No. 1428.08, and included as part of the comment the Commission will attend and OMB Control No. 2050–0078 that is placed in the public docket and participate in the conference. made available on the Internet. If you The purpose of this conference is to AGENCY: Environmental Protection submit an electronic comment, EPA seek information on the challenges Agency (EPA). recommends that you include your posed by integration of large amounts of ACTION: Notice. name and other contact information in variable renewable generation into the body of your comment and with any wholesale markets and grids as well as SUMMARY: In compliance with the disk or CD–ROM you submit. If EPA on innovative solutions to these Paperwork Reduction Act (PRA) (44 cannot read your comment due to challenges. Attached with this U.S.C. 3501 et seq.), this document technical difficulties and cannot contact supplemental notice is an agenda with announces that EPA is planning to you for clarification, EPA may not be a list of questions for the panel submit a request to renew an existing able to consider your comment. discussions and the names of panelists. approved Information Collection The Commission welcomes industry Request (ICR) to the Office of Electronic files should avoid the use of comments on this subject. The deadline Management and Budget (OMB). This special characters, any form of for comments under this docket is April ICR is scheduled to expire on August encryption, and be free of any defects or 30, 2009. 31, 2009. Before submitting the ICR to viruses. For additional information A free webcast of the meeting/ OMB for review and approval, EPA is about EPA’s public docket visit the EPA conference is available through http:// soliciting comments on specific aspects Docket Center homepage at http:// www.ferc.gov. Anyone with Internet of the proposed information collection www.epa.gov/epahome/dockets.htm. access who desires to listen to this event as described below. FOR FURTHER INFORMATION CONTACT: Sicy can do so by navigating to http:// DATES: Comments must be submitted on Jacob, Office of Emergency www.ferc.gov’s Calendar of Events and or before April 28, 2009. Management, Mail Code 5104A, Environmental Protection Agency, 1200 locating this event in the Calendar. The ADDRESSES: Submit your comments, Pennsylvania Ave., NW., Washington, event will contain a link to its webcast. identified by Docket ID No. EPA–HQ– DC 20460; telephone number: (202) The Capitol Connection provides SFUND–2006–0361 by one of the 564–8019; fax number: (202) 564–2620; technical support for the webcasts and following methods: offers the option of listening to the • http://www.regulations.gov: Follow e-mail address: [email protected]. meeting via phone-bridge for a fee. If the on-line instructions for submitting SUPPLEMENTARY INFORMATION: you have any questions, visit http:// comments. How Can I Access the Docket and/or www.CapitolConnection.org or call 703– • E-mail: [email protected]. Submit Comments? 993–3100. • Fax: (202) 566–0224. Transcripts of the conference will be • Mail: Superfund Docket, EPA has established a public docket available immediately for a fee from Ace Environmental Protection Agency, for this ICR under Docket ID No. EPA– Reporting Company (202–347–3700 or Mailcode: 28221T, 1200 Pennsylvania HQ–SFUND–2006–0361, which is 1–800–336–6646). They will be Ave., NW., Washington, DC 20460. available for online viewing at http:// available for free on the Commission’s • Hand Delivery: Docket Center, EPA www.regulations.gov, or in person eLibrary system and on the Calendar of West Bldg, Room 3334, 1301 viewing at the Superfund Docket in the Events approximately one week after the Constitution Avenue, NW., Washington EPA Docket Center (EPA/DC), EPA conference. DC 20460. Such deliveries are only West, Room 3334, 1301 Constitution Commission conferences are accepted during the Docket’s normal Ave., NW., Washington, DC. The EPA/ accessible under section 508 of the hours of operation, and special DC Public Reading Room is open from Rehabilitation Act of 1973. For arrangements should be made for 8:30 a.m. to 4:30 p.m., Monday through accessibility accommodations, please deliveries of boxed information. Friday, excluding legal holidays. The send an e-mail to [email protected] Instructions: Direct your comments to telephone number for the Reading Room or call toll free 1–866–208–3372 (voice) Docket ID No. EPA–HQ–SFUND–2006– is 202–566–1744, and the telephone
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number for the Superfund Docket is 7. To ensure proper receipt by EPA, contained in reports submitted under 202–566–1744. be sure to identify the docket ID number each of the following EPCRA sections: Use http://www.regulations.gov to assigned to this action in the subject (1) 303(d)(2)—Facility notification of obtain a copy of the draft collection of line on the first page of your response. changes that have or are about to occur, information, submit or view public You may also provide the name, date, (2) 303(d)(3)—Local Emergency comments, access the index listing of and Federal Register citation. Planning Committee (LEPC) requests for the contents of the docket, and to access What Information Collection Activity or facility information to develop or those documents in the public docket ICR Does this Apply to? implement emergency plans, (3) 311— that are available electronically. Once in Material Safety Data Sheets (MSDSs) the system, select ‘‘search,’’ then key in Docket ID No. EPA–HQ–SFUND– submitted by facilities, or lists of those the docket ID number identified in this 2006–0361. chemicals submitted in place of the document. Affected entities: Entities potentially MSDSs, (4) 312—Tier II emergency and affected by this action are manufacturers hazardous chemical inventory forms, What Information is EPA Particularly or non-manufacturers subject to and (5) 313 Toxic chemical release Interested in? reporting under Sections 303, 311/312 inventory forms. Pursuant to section 3506(c)(2)(A) of or 313 of the Emergency Planning and Burden Statement: The burden and the PRA, EPA specifically solicits Community Right-to-Know Act costs stated below are from the current comments and information to enable it (EPCRA). approved ICR. The annual public Title: Trade Secret Claims for to: reporting and recordkeeping burden for Emergency Planning and Community (i) Evaluate whether the proposed this collection of information is Right-to-Know Information. collection of information is necessary estimated to average 9.8 hours per for the proper performance of the ICR number: EPA ICR No. 1428.08, OMB Control No. 2050–0078. claim. functions of the Agency, including Burden means the total time, effort, or whether the information will have ICR status: This ICR is currently scheduled to expire on August 31, 2009. financial resources expended by persons practical utility; to generate, maintain, retain, or disclose (ii) Evaluate the accuracy of the An Agency may not conduct or sponsor, and a person is not required to respond or provide information to or for a Agency’s estimate of the burden of the Federal agency. This includes the time proposed collection of information, to, a collection of information, unless it displays a currently valid OMB control needed to review instructions; develop, including the validity of the acquire, install, and utilize technology methodology and assumptions used; number. The OMB control numbers for EPA’s regulations in title 40 of the CFR, and systems for the purposes of (iii) Enhance the quality, utility, and collecting, validating, and verifying clarity of the information to be after appearing in the Federal Register when approved, are listed in 40 CFR information, processing and collected; and maintaining information, and disclosing (iv) Minimize the burden of the part 9, are displayed either by and providing information; adjust the collection of information on those who publication in the Federal Register or existing ways to comply with any are to respond, including through the by other appropriate means, such as on previously applicable instructions and use of appropriate automated electronic, the related collection instrument or requirements which have subsequently mechanical, or other technological form, if applicable. The display of OMB changed; train personnel to be able to collection techniques or other forms of control numbers in certain EPA respond to a collection of information; information technology, e.g., permitting regulations is consolidated in 40 CFR search data sources; complete and electronic submission of responses. In part 9. review the collection of information; particular, EPA is requesting comments Abstract: This information collection and transmit or otherwise disclose the from very small businesses (those that request pertains to trade secrecy claims information. employ less than 25) on examples of submitted under Section 322 of the The ICR provides a detailed specific additional efforts that EPA Emergency Planning and Community explanation of the Agency’s estimate, could make to reduce the paperwork Right-to-Know Act of 1986 (EPCRA). which is only briefly summarized here: burden for very small businesses EPCRA contains provisions requiring Respondents/Affected Entities: affected by this collection. facilities to report to State and local authorities, and EPA, the presence of Entities potentially affected by this What Should I Consider when I Prepare extremely hazardous substances action are manufacturers or non- My Comments for EPA? (described in Section 302), inventory of manufacturers subject to reporting You may find the following hazardous chemicals (described in under sections 303, 311/312 or 313 of suggestions helpful for preparing your Sections 311 and 312) and manufacture, the Emergency Planning and comments: process and use of toxic chemicals Community Right-to-Know Act 1. Explain your views as clearly as (described in Section 313). Section 322 (EPCRA). possible and provide specific examples. of EPCRA allows a facility to withhold Estimated Number of Respondents: 2. Describe any assumptions that you the specific chemical identity from 481. used. these EPCRA reports if the facility Frequency of Response: Trade secret 3. Provide copies of any technical asserts a claim of trade secrecy for that claims are submitted by facilities either information and/or data you used that chemical identity. The provision annually with reports submitted under support your views. establishes the requirements and sections 312 and 313 of EPCRA or 4. If you estimate potential burden or procedures that facilities must follow to during the time the LEPC request costs, explain how you arrived at the request trade secrecy treatment of information under section 303 of estimate that you provide. chemical identities, as well as the EPCRA. 5. Offer alternative ways to improve procedures for submitting public Estimated Total Annual Hour Burden: the collection activity. petitions to the Agency for review of the 4,658 6. Make sure to submit your ‘‘sufficiency’’ of trade secrecy claims. Estimated Total Annual Cost: $0, comments by the deadline identified Trade secrecy protection is provided includes $0 annualized capital or O&M under DATES. for specific chemical identities costs.
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What Is the Next Step in the Process for environmentally unsatisfactory to Final EISs this ICR? public health and the Bay ecosystem. Rating EU2. EIS No. 20080433, ERP No. F–COE– EPA will consider the comments C35013–00, PROGRAMMATIC—Port received and amend the ICR as EIS No. 20080508, ERP No. D–COE– of New York and New Jersey Dredged appropriate. The final ICR package will F35047–OH, Lorain Harbor. Ohio Material Management Plan, Updated then be submitted to OMB for review Federal Navigation Project, Dredged Information on 1999 Final EIS, and approval pursuant to 5 CFR Material Management Plan, Implementation, NY and NJ. 1320.12. At that time, EPA will issue Implementation, Lorain Harbor, Summary: EPA expressed another Federal Register notice Lorain County, Ohio. environmental concerns because some pursuant to 5 CFR 1320.5(a)(1)(iv) to Summary: EPA does not object to the of the information in the Final EIS is announce the submission of the ICR to proposed action. Rating LO. outdated and is not consistent with the OMB and the opportunity to submit EIS No. 20080519, ERP No. D–NPS– current Dredged Material Management additional comments to OMB. If you Plan. have any questions about this ICR or the D61062–PA, White-tailed Deer EIS No. 20080491, ERP No. F–SFW– approval process, please contact the Management Plan, Develop a Deer Management Strategy that Support B64005–00, Lake Umbagog National technical person listed under FOR Protection, Preservation and Wildlife Refuge, Comprehensive FURTHER INFORMATION CONTACT. Restoration of Native Vegetation, Conservation Plan, 15 Year Guidance Dated: February 23, 2009. Implementation, Valley Forge for Management of Refuge Operations, Deborah Y. Dietrich, National Historical Park, King of Habitat and Visitor Services, Director, Office of Emergency Management. Prussia, PA. Implementation, Coos County, NH [FR Doc. E9–4230 Filed 2–26–09; 8:45 am] Summary: EPA does not object to the and Oxford County, ME. BILLING CODE 6560–50–P proposed action. Rating LO. Summary: EPA does not object to the proposed project. EIS No. 20080520, ERP No. D–CGD– EIS No. 20080536, ERP No. F–COE– A11082–00, USCG Pacific Operations: ENVIRONMENTAL PROTECTION K39099–CA, Berth 97–109 (China Districts 11 Area, California and AGENCY Shipping) Container Terminal Project, Districts 13 Area, Oregon and Construction and Operation, Issuance [ER–FRL–8590–9] Washington, Improve the Protection of Section 404 (CWA) and Section 10 and Conservation of Marine Protected Environmental Impact Statements and Rivers and Harbor Act Permits, Port of Species and Marine Protected Areas, Regulations; Availability of EPA Los Angeles, Los Angeles County, CA. CA, OR and WA. Comments Summary: EPA continues to have Summary: EPA does not object to the environmental concerns about Availability of EPA comments proposed project. Rating LO. significant and unavoidable impacts to prepared pursuant to the Environmental EIS No. 20080527, ERP No. D–AFS– air quality and environmental justice Review Process (ERP), under section K65350–CA, Modoc National Forest communities, and impacts to aquatic 309 of the Clean Air Act and Section Motorized Travel Management Plan, resources. EPA recommended 102(2) (c) of the National Environmental Implementation, National Forest commitments to mitigate air emissions Policy Act as amended. Requests for Transportation System (NFTS), to meet health risk reduction targets, copies of EPA comments can be directed Modoc, Lassen and Siskiyou implementation of a health impact to the Office of Federal Activities at Counties, CA. assessment to identify appropriate 202–564–7146. An explanation of the ratings assigned Summary: EPA expressed mitigations for disproportionately to draft environmental impact environmental concerns about impacts affected neighboring communities and statements (EISs) was published in FR from continued use of roads and trails avoidance of fill. dated April 6, 2008 (73 FR 19833). within or adjacent to fens, wet Dated: February 24, 2009. meadows, riparian habitat, and vernal Robert W. Hargrove, Draft EISs pools. Rating EC2. Director, NEPA Compliance Division, Office EIS No. 20080375, ERP No. D–NOA– EIS No. 20080539, ERP No. D–USA– of Federal Activities. B91005–00, Amendment 3 to the A10078–00, Gulf of Mexico Range [FR Doc. E9–4226 Filed 2–26–09; 8:45 am] Northeast Skate Complex Fishery Complex (GOMEX), Proposed Action BILLING CODE 6560–50–P Management Plan, Implementation of is to Support and Conduct Current New Management Measures to and Emerging Training and RDT&E Rebuild Overfished Skate Stocks, End Operations, TX, MS, AL and FL. ENVIRONMENTAL PROTECTION Overfishing of Skate Fisheries, Gulf of Summary: EPA does not object to the AGENCY Maine (GOM), Georges Bank (GB), proposed project. Rating LO. South New England and Mid-Atlantic [ER–FRL–8590–8] Regions. EIS No. 20080143, ERP No. DA–COE– Summary: EPA does not object to the B32009–MA, Boston Harbor Federal Environmental Impacts Statements; proposed project. Rating LO. Deep Draft Navigation Improvement Notice of Availability EIS No. 20080414, ERP No. D–COE– Project, To Evaluate the Feasibility of D39038–00, PROGRAMMATIC— Channel Deepening and Related Berth Responsible Agency: Office of Federal Oyster Restoration in Chesapeake Bay Improvements at the Port of Boston, Activities, General Information (202) Including the Use of a Native and/or Chelsea and Revere, Boston, MA. 564–1399 or http://www.epa.gov/ Nonnative Oyster, Implementation, Summary: EPA expressed compliance/nepa/. Chesapeake Bay, MD and VA. environmental objections because of the Weekly receipt of Environmental Impact Summary: EPA believes that the lack of information relative to the extent Statements introduction of non-native oyster and impacts of blasting and the proposal Filed 02/16/2009 through 02/20/2009 species to the Chesapeake Bay, could be to create rock reefs. Rating EO2. Pursuant to 40 CFR 1506.9.
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EIS No. 20090046, Draft EIS, BLM, OR, Revision to FR Notice Published 12/ DATES: The Region 4 Library will be Timber Mountain Recreation 29/2008: Extending the Comment from closed to the public and EPA patrons Management Plan, Managing Off- 2/8/2009 to 03/11/2009. during its renovation from Highway Vehicle (OHV), Medford EIS No. 20090021, Draft EIS, AFS, CA, approximately March 2, 2009 through District Office, Jackson County, OR, Inyo National Forest Motorized Travel May 31, 2009. Comment Period Ends: 04/13/2009, Management Project, Implementation, ADDRESSES: The Region 4 Library is Contact: Kristi Mastrofini, 541–618– Inyo, Mineral, Mono and Esmeralda located at the Sam Nunn Atlanta 2384. Counties, CA, Comment Period Ends: Federal Center, 61 Forsyth Street, 9th EIS No. 20090047, Draft EIS, COE, AL, 03/31/2009, Contact: Susan Joyce, Floor, Atlanta, Georgia 30303–8960. Foley Land Cut Portion of the Gulf 760–873–2516. Intracoastal Waterway, Proposed FOR FURTHER INFORMATION CONTACT: Construction of Residential, Revision to FR Notice Published 01/ Region 4 Federal Library Managers— Commercial and Marine 30/2009: Extending Comment Period LouAnn Gross at (404) 562–9642, Development, Gulf Shores and Orange from 03/30/2009 to 03/31/2009. [email protected], or Shayla Patillo Beach, Baldwin County, AL, Dated: February 24, 2009. at (404) 562–8385, Comment Period Ends: 04/13/2009, Robert W. Hargrove, [email protected], or at 61 Forsyth Contact: Linda Brown, 251–694–3786. Director, NEPA Compliance Division, Office Street. Atlanta, Georgia 30303. General EIS No. 20090048, Draft EIS, AFS, MT, of Federal Activities. information concerning the Region 4 Montanore Project, Proposes to [FR Doc. E9–4227 Filed 2–26–09; 8:45 am] Library may also be obtained by Construct a Copper and Silver BILLING CODE 6560–50–P accessing its Internet server (http:// Underground Mine and Associated www.epa.gov/libraries/). Facilities, Including a New SUPPLEMENTARY INFORMATION: Currently, Transmission Line, Plan-of-Operation ENVIRONMENTAL PROTECTION the Region 4 Library is open to walk-in Permit, Kootenai National Forest, AGENCY patrons. During the renovation period, Sanders County, MT, Comment which is expected to last from March 2, Period Ends: 04/13/2009, Contact: [FRL–8777–1] 2009 through March 31, 2009, the Bobbie Lacklen, 406–283–7681. library will be closed to public and EPA EIS No. 20090049, Final EIS, COE, CA, Restricted Access to the Region 4 patrons. The Region 4 Librarian will be San Diego Creek Watershed Special Library available at an alternate location to Area Management Plan/Watershed AGENCY: U.S. Environmental Protection respond to inquiries and forward Streambed Alteration Agreement Agency. requests to AWBERC. Process (SAMP/WSAA Process), Protecting and Enhancing Aquatic ACTION: Notice concerning restricted The change in Region 4’s Library Resource and Permitting Reasonable access to the EPA Region 4 Library due access policy does not affect any of the Economic Development, Orange to a renovation project. core services provided through the County, CA, Wait Period Ends: 03/30/ Memorandum of Understanding with SUMMARY: The United States AWBERC. 2009, Contact: Corice Farrar, 213– Environmental Protection Agency (EPA) 452–3296. is issuing this notice to advise the Dated: December 17, 2008. EIS No. 20090050, Final EIS, NIG, CA, public that the Region 4 Library will J.I. Palmer, Jr., Graton Rancheria Casino and Hotel close for approximately three (3) months Regional Administrator, Region 4. Project, Transfer of Land into Trust, with restricted access to walk-in [FR Doc. E9–4232 Filed 2–26–09; 8:45 am] Implementation, Federated Indians of patrons. The library will undergo a BILLING CODE 6560–50–P Graton Rancheria (Tribe), Sonoma major renovation to optimize the use of County, CA, Wait Period Ends: 03/30/ space. During renovation, the current 2009, Contact: Brad Mehaffy, 202– physical space of the library will not be 632–7003. accessible. The Regional Librarian will EQUAL EMPLOYMENT OPPORTUNITY EIS No. 20090051, Draft EIS, IBR, CA, COMMISSION Los Vaqueros Reservoir Expansion be temporarily relocated to a room adjacent to the current library. Project, To Develop Water Supplies Notice: Sunshine Meeting Environmental Water Management Core services such as interlibrary loans, cataloging, online literature that Supports Fish Protection, Habitat FEDERAL REGISTER CITATION OF PREVIOUS searches, quick and extensive reference/ Management, and other ANNOUNCEMENT: research requests (including business 74 FR 7893, Friday, Environmental Water Needs in the February 20, 2009. Delta and Tributary River Systems, research, journal articles, etc.) will PREVIOUSLY ANNOUNCED TIME AND DATE OF San Francisco Bay Area, Contra Costa continue to be handled by the Andrew MEETING: County, CA, Comment Period Ends: W. Breidenbach Environmental Wednesday, February 25, 04/13/2009, Contact: Sharon McHale, Research Center (AWBERC) located in 2009, 10 a.m. Eastern Time. 916–989–7172. Cincinnati, OH (also referred to as the CHANGE IN THE MEETING: A Closed CINN Library). All requests for these Session has been added, directly Amended Notices core services should be submitted to the following the open session. EIS No. 20080528, Draft EIS, USN, 00, Region 4 Librarian or directly to the Northwest Training Range Complex Cincinnati Library: Matters To Be Considered (NWTRC), To Support and Conduct EPA Region 4 Librarian—Ora M. Closed Session Current, Emerging, and Future Howell, E-mail: [email protected], Training and Research, Development, Phone: (404) 562–8190; Litigation Recommendation: Amicus Test and Evaluation (RDT&E) Cincinnati Library, E-mail (preferred): Curiae Recommendation. Activities, WA, OR and CA, Comment CI_Awberc [email protected], CONTACT PERSON FOR MORE INFORMATION: Period Ends: 03/11/2009, Contact: Phone: (513) 569–7703, Facsimile: (513) Stephen Llewellyn, Executive Officer on Kimberly Klerk, 360–396–0927. 569–7709. (202) 663–4070.
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This notice issued February 25, 2009. Estimated Annual Burden: 124 hours. of 1986, and (10) the Lead-Based Paint Stephen Llewellyn, Frequency of Reporting or Use: 1 to 12 Poisoning Prevention Act. One item was Executive Officer, Executive Secretariat. times per year depending on the deleted from the checklist of [FR Doc. E9–4369 Filed 2–25–09; 4:15 pm] particular respondent’s need/risk information to be attached, #16, SBA portfolio. BILLING CODE 6570–01–P form 1261. Also added into the notices Solomon Bush, section were the ‘‘Statements Required by Law and Executive Order’’, which Agency Clearance Officer. EXPORT-IMPORT BANK applies to both Ex-Im Bank and SBA. [FR Doc. E9–4220 Filed 2–26–09; 8:45 am] Notices on the Debt Collection Act of [Public Notice 108] BILLING CODE 6690–01–P 1982 and the Deficit Reduction Act of 1984, the Freedom of Information Act Agency Information Collection and the Right to Financial Privacy Act Activities: Proposed Collection; EXPORT-IMPORT BANK OF THE UNITED STATES of 1978 were added and are applicable Comment Request to customers of Ex-Im Bank and SBA. AGENCY: Export-Import Bank of the U.S. [Public Notice 107] Ex-Im Bank made the following changes: in the Guarantor and ACTION: Notice and request for Agency Information Collection comments. Additional Borrower Representations Activities: Proposed Collection; and Certifications section ‘‘(SBA Comment Request SUMMARY: The Export-Import Bank, as a Applicants only), (for subsection b)’’ part of its continuing effort to reduce AGENCY: Export-Import Bank of the U.S. was added. paperwork and respondent burden, ACTION: Notice and request for DATES: Written comments should be invites the general public and other comments. received on or before April 28, 2009 to Federal Agencies to comment on the be assured of consideration. SUMMARY: The Export-Import Bank of proposed information collection, as ADDRESSES: Ex-Im Bank Customers required by the Paperwork Reduction the United States (Ex-Im Bank) provides working capital guarantees to lenders. In direct all comments and requests for Act of 1995. The form will be used by additional information to Smaro Banks to apply for comprehensive or assessing the creditworthiness of an applicant, we review EIB/SBA Form 84– Karakatsanis, Loan Officer, Business political insurance coverage on foreign Credit Division, Export-Import Bank of banks for letter of credit transactions. 1. This form provides information which allows Ex-Im Bank to obtain the U.S., 811 Vermont Avenue, NW., Our customers will be able to submit Washington, DC 20571 (202) 565–3943, this form on paper or electronically. legislatively required reasonable assurance of repayment, as well as to (800) 565–3946, extension 3943, or DATES: Written comments should be fulfill other statutory requirements. The [email protected]. received on or before April 28, 2009 to following changes have been made to SUPPLEMENTARY INFORMATION: be assured of consideration. the form by the SBA: a field for the E- Titles and Form Numbers: U.S. Small ADDRESSES: Direct all comments and mail address; a field for the County (of Business Administration, Export-Import requests for additional information to business); an increase in selection for Bank of the United States Joint Walter Kosciow, Export-Import Bank of race; a change in reference to the Code Application for Working Capital the U.S., 811 Vermont Avenue, NW., of Federal Regulations for the Guarantee. Washington, DC 20571, (202) 565–3649. Debarment/Suspension paragraph; a OMB Number: 3048–0003. SUPPLEMENTARY INFORMATION: change in the agreements paragraph Form Number: EIB–SBA 84–1. Title and Form Number: (Part C, Section 1) from ‘‘SBA form 159’’ Type of Review: Revision and Export-Import Bank of the United to ‘‘SBA form 159(7a)’’ and the addition extension of expiration date. States Application for Issuing Bank of the following provision: ‘‘Each Annual Number of Respondents: 673. Credit Limit (IBCL) Under Bank Letter proprietor, each general partner, each Export-Import Bank: 496. of Credit Policy, EIB 92–36. limited partner, member or stockholder Small Business Administration: 177. OMB Number: 3048–0016. owning 20% or more, each guarantor Estimated Time per Respondent: 2.5 Type of Review: Regular. and the spouse, when applicable, of Hours. Need and Use: The information each of these must sign. * * * Attach a Annual Burden Hours: 1,682.5. requested enables the applicant to separate sheet of paper, if necessary.’’ Export-Import Bank: 1,240.0. provide Ex-Im Bank with the Additionally, SBA added the following Small Business Administration: 442.5. information necessary to process credit notices: (1) The Flood Disaster Frequency of Reporting or Use: Upon risk applications involving foreign letter Protection Act, (2) Executive Orders— application for guarantees of working of credit issuing banks. Floodplain Management and Wetland capital loans advanced by the lenders to Affected Public: The form affects Protection, (3) the Occupational Safety U.S. exporters. entities involved in the export of U.S. and Health Act, (4) Civil Rights goods and services. Legislation, (5) the Equal Credit Dated: February 24, 2009. Estimated Annual Respondents: 371. Opportunity Act, (8) Executive Order Solomon Bush, Estimated Time per Respondent: 20 11738—Environmental Protection, (9) Agency Clearance Officer. minutes. the Immigration Reform and Control Act BILLING CODE 6690–01–P
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[FR Doc. E9–4293 Filed 2–26–09; 8:45 am] Study, Federal Housing Finance transferred the supervisory and BILLING CODE 6690–01–C Agency, Fourth Floor, 1700 G Street, oversight responsibilities of the Office of NW., Washington, DC 20552. Federal Housing Enterprise Oversight • Hand Delivered/Courier: The hand (OFHEO) over the Federal National FEDERAL HOUSING FINANCE delivery address is: Alfred M. Pollard, Mortgage Association (Fannie Mae) and AGENCY General Counsel and Christopher T. the Federal Home Loan Mortgage Curtis, Senior Deputy General Counsel Corporation (Freddie Mac) (collectively, [No. 2009–N–03] and Managing Counsel, Attention: Enterprises), and the oversight Comments/Securitization Study, responsibilities of the Federal Housing FHFA Study of Securitization of Federal Housing Finance Agency, Finance Board (FHFB) over the Banks Acquired Member Assets Fourth Floor, 1700 G Street, NW., and the Office of Finance (which acts as AGENCY: Federal Housing Finance Washington, DC 20552. The package the Banks’ fiscal agent) to FHFA, a new Agency. should be logged at the Guard Desk, independent executive branch agency. ACTION: Notice of Concept Release; First Floor, on business days between 9 FHFA is responsible for ensuring that request for comments. a.m. and 5 p.m. the Enterprises and the Banks operate in • E-mail: Comments to Alfred M. a safe and sound manner, that they SUMMARY: The Federal Housing Pollard, General Counsel and maintain adequate capital and internal Regulatory Reform Act (Act), Division A Christopher T. Curtis, Senior Deputy controls, that their activities foster of the Housing and Economic Recovery General Counsel and Managing Counsel, liquid, efficient, competitive and Act of 2008 (HERA), requires the may be sent by e-mail at resilient national housing finance Federal Housing Finance Agency [email protected]. Please markets, and that they carry out their (FHFA) to conduct a study on the include ‘‘Securitization Study’’ in the public policy missions through securitization of home mortgage loans subject line of the message. authorized activities. See § 1102, Public • purchased or to be purchased from Federal eRulemaking Portal: http:// Law 110–289, 122 Stat. 2663–64. The Federal Home Loan Bank (Bank) System www.regulations.gov. Follow the Enterprises and the Banks continue to member financial institutions under the instructions for submitting comments. operate under regulations promulgated Acquired Member Assets (AMA) FOR FURTHER INFORMATION CONTACT: by OFHEO and the FHFB until FHFA programs. FHFA is seeking public George G. Korenko, Senior Economist, issues its own regulations. See id. at comment and hopes that the responses (202) 408–2543 or Christina Muradian, §§ 1302, 1313, 122 Stat. 2795, 2798. to this request for comments will Senior Financial Analyst, (202) 408– Section 1215 of the Act requires the constitute an important source of 2584, Division of Federal Home Loan Director of FHFA to conduct a study on information that will assist it in its Bank Regulation; or Thomas E. Joseph, securitization of home mortgage loans preparation of the study. FHFA urges Senior Attorney-Advisor, Office of purchased or to be purchased from Bank commenters to analyze, in light of General Counsel for Federal Home Loan member financial institutions under the current market conditions, the benefits Bank Supervision, (202) 408–2512, AMA programs.1 See id. at § 1215, 122 and risks associated with securitization, Federal Housing Finance Agency, 1625 Stat. 2791. The Act requires FHFA to the potential impact of securitization Eye Street, NW., Washington, DC 20006. submit a report to Congress by July 30, upon liquidity and competitiveness in The telephone number for the 2009, detailing the results of the study. the mortgage and broader credit Telecommunications Device for the Deaf The report must include policy markets, the ability of the Banks to is (800) 877–8339. recommendations based on the manage the risks associated with a SUPPLEMENTARY INFORMATION: Director’s analysis of the feasibility of securitization program, and the effect of I. Comments the Banks, either individually or a securitization program on the Banks’ collectively, issuing mortgage-backed existing activities, as well as on the joint The Federal Housing Finance Agency securities (MBS), and the benefits and and several liability of the Banks and (FHFA) invites comments on all aspects risks associated with such a program. the cooperative structure of the Bank of the Concept Release and will The Act stipulates that the study System. This release in no way alters consider all comments before issuing a address the benefits and risks associated current requirements, restrictions or report to Congress. FHFA requests that with securitization of AMA; the prohibitions on the Banks with respect comments submitted in hard copy also potential impact of securitization upon to the purchase or sale of mortgages or be accompanied by the electronic liquidity in the mortgage and broader ® to the AMA programs. version in Microsoft Word or in credit markets; the ability of the Banks portable document format (PDF) on CD– DATES: Comments on the Concept to manage the risks associated with such Release must be received on or before ROM. a program; the impact of such a program Copies of all comments will be posted April 28, 2009. For additional on the existing activities of the Banks, on the internet web site at https:// information, see SUPPLEMENTARY including their mortgage portfolios and www.fhfa.gov. In addition, copies of all INFORMATION. advances; and the effects of comments received will be available for securitization on joint and several ADDRESSES: You may submit your examination by the public on business liability of the Banks and the comments on this Concept Release, days between the hours of 10 a.m. and cooperative structure of the Bank identified by a subject line of 3 p.m., at the Federal Housing Finance System. The Act further requires that in ‘‘Securitization Study’’ by any of the Agency, Fourth Floor, 1700 G Street, conducting the study, the Director following methods: NW., Washington, DC 20552. To make • U.S. Mail, United Parcel Post, an appointment to inspect comments, 1 As explained more fully in this release, AMA is Federal Express, or Other Mail Service: please call the Office of General Counsel the name given to conforming mortgage loans that The mailing address for comments is: at (202) 414–3751. the Banks purchase from their members pursuant to Alfred M. Pollard, General Counsel and part 955 of current regulations. 12 CFR part 955. II. Purpose of Release The transactions through which the Banks purchase Christopher T. Curtis, Senior Deputy AMA must meet a number of conditions set forth General Counsel and Managing Counsel, Effective July 30, 2008, the Act, Public in the regulations. These conditions are explained Attention: Comments/Securitization Law 110–289, 122 Stat. 2654 (2008), more fully below.
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consult with the Banks, the Office of portion of consolidated obligations secured by property located in a state.2 Finance, representatives of the mortgage corresponding to the proceeds received The assets also may be whole loans lending industry, practitioners in the by that Bank, each Bank is also jointly secured by manufactured housing, field of structured finance, and other and severally liable with the other regardless of whether such housing experts as needed. The Director also eleven Banks for the payment of qualifies as residential real property. must establish a process for the formal principal of, and interest on, all Finally, state and local housing finance submission of comments on the study. consolidated obligations. See 12 CFR agency (HFA) bonds are AMA-eligible. The purpose of this release is to solicit 966.9. Interests in whole loans backed by such comments regarding a potential mortgages that meet the previously B. AMA Regulation Bank securitization program. noted asset type requirements are also In July 2000, the Board of Directors of eligible for purchase under AMA.3 III. Background the Finance Board adopted a final The second part of the three-part test A. The Bank System regulation governing AMA activities. is the member or housing associate nexus requirement. The nexus The twelve Banks are See Final Rule: Federal Home Loan requirement was established to ensure instrumentalities of the United States Bank Acquired Member Assets, Core that the assets acquired by the Banks organized under the Federal Home Loan Mission Activities, Investments and have some connection to a System Bank Act (Bank Act). See 12 U.S.C. Advances, 65 FR 43969 (July 17, 2000) member or housing associate. In order 1423, 1432(a). The Banks are (hereinafter Final AMA Rule). The rule, for an asset to be considered AMA- cooperatives; only members of a Bank contained in Part 955 of the Finance eligible, the asset must be originated (if may own the capital stock of a Bank and Board’s regulations, remains in effect a loan) or issued (if a bond) by, through, only members or certain eligible today. To date, two separate mortgage or on behalf of a Bank System member, housing associates (such as state programs are authorized under Part housing associate, or affiliate thereof; or housing finance agencies) may obtain 955—the Mortgage Partnership Finance held for a ‘‘valid business purpose’’ by access to the products provided by a (MPF) program and the Mortgage a Bank System member or housing Bank. See 12 U.S.C. 1426, 1430(a), Purchase Program (MPP). associate prior to the acquisition by the 1430b. Each Bank is managed by its own The AMA products are structured Bank. In addition, the asset must be board of directors and serves the public such that the Banks acquire, through acquired from either a member or by enhancing the availability of either a purchase or funding transaction, housing associate of the acquiring Bank; residential mortgage and community whole, single-family mortgage loans a member or housing associate of lending credit through its member from their members. Products exist for another Bank, but only pursuant to an institutions. See 12 U.S.C. 1427. Any both conventional and government- arrangement between the Banks; or eligible institution (typically, thrifts, guaranteed/-insured loans. The risks associated with the mortgages are such another Bank. Federally insured depository The final part of the three-part test is institutions or state-regulated insurance that the Bank manages the interest-rate risk and the member manages a the credit risk-sharing requirement. The companies) may become a member of a risk-sharing requirement was Bank by satisfying certain criteria and substantial portion of the risks associated with originating the established to emphasize the by purchasing a specified amount of the cooperative nature of the Bank System Bank’s capital stock. See 12 U.S.C. 1424, mortgage, including a substantial portion of the credit risk. Part 955 by ensuring that the member or housing 1426; 12 CFR part 931. associate shares with the Bank the credit As government sponsored enterprises requires that the member provide a risks associated with the asset. See Final (GSEs), the Banks are able to borrow credit enhancement sufficient to AMA Rule, 65 FR at 43975–78. While funds in the capital markets on terms enhance the credit quality of the assets the first and second parts of the three- more favorable than could be obtained to an equivalent of an instrument rated part test focus on asset eligibility, the by most other entities. Typically, the at least investment grade (e.g., BBB), third part focuses on the transactions Bank System can borrow funds at a although all approved AMA programs through which the Bank acquires AMA. modest spread over the rates on U.S. require members to enhance the loans to In general, the credit risk-sharing Treasury securities of comparable the second highest investment grade requirements prescribe the manner in maturity, although under recent market (e.g., AA). The member may provide which AMA products must be conditions spreads to U.S. Treasuries this credit enhancement through various structured in order to ensure that the have widened considerably. The Banks means. member bears the economic costs can pass along their GSE funding In order for a Bank to acquire a associated with enhancing AMA pools advantage to their members—and mortgage loan as AMA, the loan must to at least a BBB level. The AMA ultimately to consumers—by providing meet the requirements set forth under a regulation provides detailed credit risk- advances (secured loans) and other three-part test established by regulation. sharing structure requirements. See 12 financial services at rates that would not See 12 CFR 955.2. The three-part test CFR 955.3. Essentially, these otherwise be available to their members. consists of a loan type requirement; a Some of the Banks also have AMA member or housing associate nexus requirement; and a credit risk-sharing 2 As defined by regulation, ‘‘state’’ means a state programs whereby they acquire fixed- of the United States, American Samoa, the rate, single-family mortgage loans from requirement. Commonwealth of the Northern Mariana Islands, participating member institutions. The loan type requirement establishes the District of Columbia, Guam, Puerto Rico, or the Consolidated obligations, consisting the types of assets that could be United States Virgin Islands. See 12 CFR 900.3. considered as AMA-eligible. Assets 3 In fact, the Banks purchase whole, single-family of bonds and discount notes, are the mortgage loans under the AMA programs. The principal source for the Banks to fund acquired by a Bank must fall within Chicago, Pittsburgh and Des Moines Banks have advances, AMA programs, and three certain categories. The assets may also purchased securities that represented senior investments. The Office of Finance be whole loans eligible to secure interests in pools of AMA-qualified single-family advances that do not exceed the mortgage loans under the MPF Shared Funding issues all consolidated obligations on Program, but this program is not active. Banks have behalf of the twelve Banks. Although conforming loan limits that apply to the not purchased any manufactured housing loans or each Bank is primarily liable for the Enterprises. Further, the loans must be HFA bonds under the AMA programs.
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requirements provide that AMA regulation. For other MPF products, mortgage-backed securities (MBS)—that products must be structured such that members provide the amount of credit are backed by the pool of mortgages the member provides a credit enhancement necessary to enhance the held by the SPV and represent an enhancement sufficient to bring a pool mortgage pools to achieve a putative interest in the payments generated from up to the equivalent of an instrument rating of the second highest investment that pool of mortgages. These securities rated at least the BBB level or such grade rating. The Banks determine the themselves may be pooled together and higher level required by the Bank. The amount of the required credit new securities issued representing member must have direct economic enhancement by using methodologies various claims to the underlying cash responsibility for the credit verified by an NRSRO. The AMA flows. enhancement that covers expected programs allow members to receive losses (i.e., the member must be in the compensation for providing the credit There are alternate formats for first loss position). For the portion of the enhancement to the loans sold. The securitizing loans. For example, a credit enhancement beyond expected structure of this compensation varies simple form of an MBS is a mortgage losses, the credit enhancement may be both between MPF and MPP and among pass-through, whereby all principal and provided by a member’s insurance the various products offered under the interest payments (excluding a servicing affiliate; loan-level insurance (which MPF program. fee) from the pool of mortgages are includes U.S. Government insurance or The Banks that currently offer MPF to proportionately passed directly to guarantee) provided that the insurer is their members (MPF–Banks) are Boston, investors each month. Thus, a holder of rated at least the second highest New York, Pittsburgh, Chicago, Des the MBS has an undivided, pro rata investment grade rating established by a Moines, Dallas, and Topeka. The ‘‘MPP– interest in the underlying pool of loans. Nationally Recognized Statistical Rating Banks’’ are Atlanta, Cincinnati, and By contrast, a collateralized mortgage Organization (NRSRO); pool insurance, Indianapolis. Outstanding mortgages in obligation (CMO) is another type of but only to cover the portion of the the Bank System totaled $87.9 billion as MBS. Unlike a pass-through, a CMO has of September 30, 2008. Mortgage loans credit enhancement attributable to pool different classes of securities where net comprised 6 percent of total Bank size; or another member. A member’s cash flows are divided differently credit enhancement obligation must be System assets while advances (i.e., loans among each class or tranche. The secured fully in parallel with the made to member institutions) requirements for securing advances represented 71 percent of total assets. tranches are structured to have different under Part 950 of the Finance Board’s In May 2007, the Finance Board risk characteristics and maturity ranges. regulations. approved the Atlanta Bank’s request to Examples of differing structures are offer GMAP under which it would sequential pay, interest-only (IO), C. Mortgage Programs facilitate the sale of certain qualified principal only (PO), and z-bonds. CMOs Two AMA programs have been conforming mortgage loans from eligible can be created directly based on an authorized by the Finance Board, MPF members to another of its members, underlying pool of mortgages, but they and MPP, under the AMA regulation. which would then securitize those are often created by pooling pass- Additionally, two programs, MPF Xtra loans. To date, no transactions have through MBS and dividing the and Global Mortgage Alliance Program occurred under GMAP. In September underlying cash flows from those (GMAP), were authorized under the 2008, FHFA approved the Chicago securities into the various tranches. For Banks’ incidental authority. Prior to Bank’s request to engage in the MPF tax purposes, transactions creating the offering these programs to its members, Xtra program, under which it would buy CMOs generally are structured to qualify each FHLBank underwent an certain qualified, conforming mortgages as Real Estate Mortgage Investment application process with the Finance from eligible members for immediate Conduits (REMICs) under the Internal Board or FHFA, as appropriate. This onward sale to Fannie Mae. Neither Revenue Code. See 26 U.S.C. 860A– application process included a safety MPF Xtra nor GMAP are AMA programs 860G. and soundness examination to verify authorized under part 955 of the that the Banks had in place adequate Finance Board rules. Since September In securitizing loans, the Banks could policies, procedures, and controls to 2008, five additional Banks requested also consider adding a guarantee that manage the risks presented by these and received approval to engage in MPF principal and interest on the MBS programs. Xtra through the Chicago Bank. In both created under a Bank securitization As already noted, the AMA programs the GMAP and MPF Xtra programs, the program will be paid. The holders of the are designed, pursuant to regulation, mortgages are not held by the Banks and MBS, therefore, would not assume the such that members are responsible for a are not assets of the Banks. Instead, the credit risk associated with the pool of substantial portion of the credit risk participating Banks receive a fee for loans but would retain the market, while the Banks manage the interest their role in the program. interest rate, and prepayment risk. rate, prepayment, and funding risks. D. Securitization Essentially, the Enterprises currently The exact method through which the operate in this way. They purchase member assumes responsibility for the In its most basic form, securitization conforming mortgage loans, use those credit risk varies depending upon the of mortgages involves the sale of pools loans to back the MBS they issue, and structure of the AMA product. For of mortgages from the holder of those example, the ‘‘MPF–Plus’’ and ‘‘MPP– instruments to a special purpose vehicle add a guarantee that the principal and Conventional’’ products both rely on (SPV). The SPV would be organized to interest on these securities will be paid supplemental mortgage insurance be legally distinct from the entity selling in return for a fee that is paid by the purchased by the member to credit the mortgages and would be structured seller of the loans. Banks could also enhance the mortgage pools to the so that it would not be affected by have the option of securitizing loans equivalent of an AA–rating. The ‘‘MPF– problems associated with or bankruptcy directly or selling loans on to a third Government’’ and ‘‘MPP–FHA’’ of the original seller of the mortgages. party and allowing that party to products rely on government insurance The SPV often is structured as a trust. undertake the actual securitization. or guarantee to meet the credit-risk The SPV would in turn issue sharing requirements of the AMA securities—generally referred to as
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IV. Policy and Safety and Soundness Would a pass-through program such as such a program affect these markets? Considerations MPF Xtra provide a better alternative to Alternatively, would such securities a direct securitization program? A. Securitization of AMA constitute a new market? How large A.2. Should individual Banks be would this program need to be to Certain characteristics of the AMA authorized to securitize loans or should achieve a liquid market? program make the securitization of the the securitization be conducted by the Bank’s existing mortgage holdings more Bank System as a whole? C. Benefits and Risks of Securitization difficult than the securitization of new A.3. Should any limitations be An important consideration in the mortgages that may be acquired. For imposed on the Banks with respect to establishment of a securitization example, members enter into master the mortgages purchased either under commitments with the Banks the AMA program as it currently exists program is an evaluation of the potential participating in the MPF program. These or under a modified AMA program? If benefits and risks of such a program. If master commitments define the terms so, what types of limitations should be a securitization program were allowed, under which loan sales to the Bank will imposed? the potential benefits of such a program take place, including the amount of the A.4. What are the ways that the would need to be weighed against first-loss account, amount of the credit- master commitment obligations and possible risks. Potentially, benefits enhancement fees paid to the participations between Banks can be could include increased liquidity and participating financial institution, and unwound so that the existing AMA competition in the markets and greater the amount of the credit enhancement mortgages could be securitized and access to smaller member financial obligation. In addition, Banks have sold? institutions to sell mortgage loans. engaged in ‘‘participations,’’ whereby When the AMA programs were one Bank has acquired an interest in the B. Credit Enhancement on MBS introduced, a primary goal was to AMA holdings of another Bank. These One potentially critical feature of any provide participating member financial two features leave the responsibility for MBS that the Banks securitize is the institutions with an alternative avenue losses, the credit enhancement level of credit enhancement. For to sell single-family mortgage loans with responsibilities, and the ownership of example, the Enterprises provide a the risks aligned to the competencies of some of the AMA, fragmented guarantee of interest and principal the members and the Banks. A throughout the Bank System. To payments on their MBS. If the Banks securitization program could also help securitize the existing loans, the Banks were to securitize mortgages, it may be the Banks manage some of the risks may have to negotiate termination of beneficial to the program for them to such as interest rate risk associated with these provisions. provide a similar guarantee. The holding mortgages on their balance To avoid these issues arising with guarantee could be the joint and several sheet. Difficulty in managing the newly purchased loans, the AMA obligation of all the Banks in the System interest rate risks associated with the regulation could be amended to make or by a subset of the Banks if not all AMA program has caused financial buying loans for securitization less Banks are participating in the program. problems for some Banks. complicated. For example, the credit Alternatively, the Banks could The benefits of securitization would risk sharing requirement could be securitize the AMA in a CMO structure, waived for loans that would be need to be weighed against the risks. For providing tranches, some with more example, the Banks currently classify securitized. In this way, their mortgage protection against credit losses and their AMA portfolios as held-in- purchases would be similar to those of some with less. The Banks could also portfolio. This classification is available Fannie Mae and Freddie Mac. When purchase credit enhancement in the to the Banks since they can demonstrate purchasing mortgages, the Enterprises form of an insurance ‘‘wrap’’ provided the intent and ability to hold these must, for example, purchase by a highly rated private mortgage assets to maturity, and can insulate ‘‘conforming’’ loans and abide by any insurer. limits on the size of their overall With respect to credit enhancements, them from some changes in the market portfolio that are imposed by FHFA. we are seeking comments on the value of the assets. Mortgages acquired The conforming loan requirements following: for a securitization program would include loan-to-value ratio limits, B.1. If the Banks securitize mortgages, likely be classified as held-for-sale, and documentation requirements, and should they guarantee the resulting fluctuations in the values of these assets maximum loan size. For a securitization MBS? would need to be reflected on the program, the Banks could follow B.2. Given the Banks’ joint and Banks’ financial statements, potentially existing loan-type requirements of the several liability for consolidated affecting earnings—and therefore, affect AMA program, including the purchase obligations, would it be reasonable for contributions to the Affordable Housing of only conforming loans, or they could only a sub-set of the Banks to guarantee Program (AHP) 4—and economic and be allowed to purchase mortgages from MBS? regulatory capital. In addition, a a more or less expansive pool of loans. B.3. If the Banks did not provide a successful program may require the In addition, some Banks have had guarantee, would other types of credit Banks to build portfolios of mortgages difficulty managing the risks associated enhancement be economically viable or that are substantially larger than those with their AMA portfolios. Thus, it may more efficient? they are currently holding. While these be prudent to limit the size and the B.4. Would there be a viable market mortgages are held in the portfolio and growth of the AMA portfolio at the Bank for MBS issued by the Banks or the not yet securitized, the Banks may level and/or at the System level. Bank System? assume substantial market and credit With respect to securitization, we are B.5. How would the market in which seeking comment on the following: these securities would trade be affected 4 Each Bank is required to allocate at least 10 A.1. Should the Banks be authorized by the level and type of credit percent of its prior year’s net income to fund the to securitize loans? If so, should the enhancement? AHP. Under the terms of the AHP, a member may submit an application to its Bank for funds to Banks be authorized to continue their B.6. Would these securities be likely finance the purchase, construction or rehabilitation existing AMA programs in addition to to trade similarly to Private Label MBS of housing for very low-, low-, and moderate- being authorized to securitize loans? or Agency MBS, and if so, how might income households. See 12 CFR part 951.
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risk, depending on the terms under multiplier of 1.5, a Bank’s total capital instruments that would be in a which the mortgages are acquired. must equal at least 4 percent of its total securitization pipeline? With respect to the potential benefits assets. See 12 U.S.C. 1426(a)(2)(B) and D.4. How should the potential and risks of a securitization program to 12 CFR 932.2(a). A Bank also must hold increased exposure to operational risk the Banks, their members and housing sufficient permanent capital to meet its associated with a securitization program markets more generally, we are seeking market, credit and operations risk, as be captured by the risk based capital comment on the following: measured under current regulations. See rules? C.1. Would the Bank’s securitization 12 U.S.C. 1426(a)(3) and 12 CFR 932.3. E. Financial Viability of mortgages provide added liquidity Under current capital requirements, and competition to the housing finance loans purchased for securitization For any securitization program to be market? would be subject to the same capital a viable business line for the Banks, the C.2. What are the benefits to Bank requirements as AMA for the period of program would need to generate an System members? time a Bank held the loan, assuming the adequate return. The outlook for C.3. Would the benefits be different loans were purchased with a member generating such a return can be affected for large and small members? credit enhancement. If the loans the by many factors including market C.4. How would this activity further Bank intended to securitize were conditions, economies of scale, and the the public purpose of the Banks and purchased without a member credit form of the securitization program (e.g., promote the cooperative nature of the enhancement, however, credit risk whether the Banks provide a guarantee System? How would it affect the charges under the risk-based capital on the securitized mortgages). availability and affordability of rules would likely be higher than for With respect to financial viability, we mortgage credit, especially for low- and AMA because the credit quality of the are seeking comments on the following: moderate-income households and first- unenhanced loans would be lower.6 See E.1. What conditions, resources, and time homebuyers? 12 CFR 932.4. capabilities, including technological C.5. How could the Banks’ joint and If the Banks were to guarantee any capabilities, would be necessary for the several liability be affected? mortgages that they sold for Banks to implement a viable C.6. What types of risk would the securitization against default, the securitization program? Banks face under a securitization current risk based capital rules would E.2. What are the key factors for program? likely require the Banks to treat those launching and operating a successful C.7. Do the Banks have the ability to mortgages as ‘‘Asset sales with recourse securitization program in the manage these risks? What activities where the credit risk remains with the foreseeable future? What scale of would the Banks need to undertake to Bank.’’ See id. and Table 2 of 12 CFR operations would be necessary to mitigate and manage any such risks? part 932. Under this provision, a Bank operate a successful securitization C.8. What prudential principles are would have to treat the pools of loans operation? needed and what prudential rules, underlying the guaranteed MBS as if it E.3. Given the Banks’ capabilities, limitations, and constraints would owned the loans and apply a credit risk what are the feasible strategic FHFA need impose on the Banks to charge appropriate for the credit rating alternatives for competing in the ensure that securitization is conducted of those loans. Such capital charges securitization market? in a safe and sound manner? could prove prohibitive to a E4. How might the Banks achieve a securitization program, especially if the D. Capital Requirements comparative advantage over existing loans did not retain a credit competitors in the market? The Bank Act states that each Bank enhancement from the member after E.5. What segment of the market for must hold total capital equal to at least securitization. Banks may also need to MBS would the Banks serve? How 5 percent of its total assets, provided modify their market risk models to would the Banks differentiate their MBS that in determining compliance with assure that the models would calculate product from existing competitors in this ratio, a Bank’s total capital shall be an appropriate market risk capital that market? Would there be sufficient calculated by multiplying its permanent charge associated with the guarantees. demand for product securitized by the capital by 1.5 and adding to this product See 12 CFR 932.5. Banks? With respect to capital requirements, any other component of total E.6. Would the Banks be able to earn 5 we are seeking comments on the capital. See 12 U.S.C. 1426(a)(2) and 12 a sufficient return if the current following: CFR 932.2(b). The Bank Act also structure of the AMA programs in D.1. What, if any changes, to the requires that when total capital is which members provide the credit current capital requirements may be calculated without application of the enhancement were carried over to the necessary if the Banks were to securitized products? Would a Bank 5 undertake a securitization program? The Bank Act defines ‘‘permanent capital’’ as guarantee of the mortgages be necessary the amounts paid for Class B stock by members plus D.2. Would the current rules need to the Bank’s retained earnings as determined in be changed to account for credit or other to assure an adequate return for the accordance with generally accepted accounting risks associated with mortgage loan Banks and/or the success of the principles (GAAP), and defines ‘‘total capital’’ as guarantees, if the Banks were to provide program? permanent capital plus the amounts paid by E.7. How would the Banks’ advances members for Class A stock, any general allowances a guarantee, as part of the securitization for losses held by a Bank under GAAP (but not any program? programs (and returns from the allowances or reserves held against specific assets) D.3. What are the risks related to advances business) be affected if the and any other amounts from sources available to mortgage loans and associated hedging Banks also bought mortgages from absorb losses that are determined by regulation to members to securitize? Could a be appropriate to include in total capital. See 12 U.S.C. 1426(a)(5). However, because the Banks have 6 Current regulations would not allow the Banks securitization program affect other Bank no general allowances for losses (not held against to purchase and accumulate mortgage loans for products, such as MPF Xtra? specific classes of assets) and no additional sources securitization unless they were credit enhanced to E.8. How would the development of a have been determined to be appropriate to include investment grade by the member. The regulations in total capital, a Bank’s total capital currently would need to be amended before the Banks could market for covered bonds affect the consists of its permanent capital plus the amounts, purchase loans that were not credit enhanced. See feasibility of launching a securitization if any, paid by its members for Class A stock. 12 CFR 956.3(a)(4). program?
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F. Accounting Issues (revised December 2003), Consolidation U.S.C. 1430. See also, § 1313, Public Currently, the mortgages purchased of Variable Interest Entities (FIN 46(R)) Law 110–289 (amending 12 U.S.C. under the mortgage purchase programs as well as to FASB Statement No. 140, 4513(a)(1)(B)(ii)). Securitization would go beyond the are designated by the Banks as Held-in- Accounting for Transfers of Financial Banks’ current mortgage purchase portfolio. Therefore, short-term market Assets. These amendments could programs. It would provide the Banks gains and losses on their purchased significantly affect financial reporting an additional means to manage the risks mortgage portfolios are not recognized for securitizations and associated of these programs by allowing them to in financial statements. If the Banks guarantees. Therefore, the amendments package and sell the loans that they developed a securitization program, could present challenges for the Banks purchase. The underlying purpose of mortgage loans that they purchased for in implementing a securitization the mortgage purchase programs—to securitization would have to be program. channel funding into housing finance— designated as held-for-sale. Fluctuations F.1. Would accounting would not be altered, however, by a in current market values of these loans considerations, including, but not securitization program. Thus, the would be recognized through current limited to amendments to FIN 46(R) and underlying legal reasoning applicable to income while the loans are held by the FASB 140, present a major obstacle to the mortgage programs might apply to a Bank. Allowing a mortgage the Banks’ implementing a securitization program so that the Banks securitization program, therefore, could securitization program? should be able to undertake such a in theory create greater volatility in G. Legal Issues program without additional changes to Banks’ reported income, although such The Banks currently purchase their authorizing statutes. This would possibility must be weighed against the mortgages under the incidental especially appear to be true if the Banks longer terms effects on income that authority in sections 11(a) and 11(e)(1) do not also guarantee the payment of might arise from not needing to hold of the Bank Act. 12 U.S.C. 1431(a) and principal and interest for the MBS as purchased mortgages on their books for (e)(1). In approving the initial mortgage part of the securitization program. the life of the loans. The Banks could purchase programs, the Finance Board In fact, in 1999, the Finance Board also be expected to implement hedging noted that the programs were a way for approved a program for the New York strategies that could mitigate the effects the Banks to channel funds into Bank that allowed it to buy certain of market value changes in the residential housing finance in a manner conforming mortgages and community mortgages held for securitization on that was functionally similar but development loans originated by their income. technically more sophisticated than the members, pool the loans and create Accounting considerations may also advances programs. For that reason, it credit support and other tranches from affect a Bank’s decision as to whether it saw the activity as incidental to the those pools, and sell those interests back would securitize loans that it previously dominant statutory purpose of the to its members. See Fin. Brd. Res. 1999– purchased with the intent to hold them Banks to make advances. See Fin. Brd. 43 (Aug. 18, 1999) (approving to maturity. If a Bank determined that it Res. No. 96–111 (Dec. 23, 1996). See modifications to Community Mortgage wanted to securitize any of these loans, also, Office of General Counsel Opinion, Asset Activities Program). See also the Bank would need to identify which 1996–GC–10 (Fin. Brd. Dec. 18, 1996). Office of General Counsel Opinion, loans that it would likely securitize, and The Finance Board’s decision to allow 1999–GC–03 (Fin. Brd. Aug. 12, 1999). designate such loans as held-for-sale. It the Banks to purchase mortgages was The program required that the member would also have to recognize challenged in court, but it was that originated the loans buy the credit immediately current market value gains eventually upheld by the Fifth Circuit support tranche from the Bank, and that and losses in current income and Court of Appeals. See Texas Savings v. the loans sold by the member meet continue to recognize future changes in Fed. Housing Fin. Brd., 201 F.3d 551 certain other requirements. The Bank market value through income until the (5th Cir. 2000). In upholding the was not authorized to guarantee loans actually are securitized. Given Finance Board’s action, the court payments on the pooled loans. that the mortgages portfolio for most concluded that the Finance Board’s This program was approved under the Banks currently show market value interpretation of the Bank’s incidental Banks’ incidental powers, as were the losses, such immediate recognition of authority was ‘‘permissible * * * other mortgage purchase programs. See the losses initially could negatively because it is consistent with the Fin. Brd. Res. 1999–43, and 1999–GC– affect a Bank’s reported income. structure and purpose of the * * * Bank 03. In analyzing the program, the If the Banks were to guarantee the Act, i.e., to use the FHLBanks’ access to Finance Board’s Office of General payment of principal and interest on the low-cost funds in the securities markets Counsel reasoned that the securitization MBS they issue, they would also have in an effort to improve the level of of the loans in question both would be to record the guarantee on their balance housing finance.’’ 7 Id. at 556. While a means to help members control the sheets. Guarantees generally would major amendments were made to the risks of their housing and community appear to meet the definitions of Bank Act in 1999 by the Gramm-Leach- development lending 8 and would be a derivatives under Statement of Bliley Act and more recently by HERA, means for the Bank itself to manage the Financial Accounting Standard 133, but the Banks’ central mission remains risk of its investment portfolio so that may qualify for the exemption provided providing funding for housing finance the program would be ‘‘convenient and for financial guarantee contracts in that so that the underlying reasoning in useful’’ in carrying out the Bank’s statement. In any case, the use of a Texas Savings is still applicable. See 12 express investment powers. See 1999– guarantee as part of the securitization program would affect the timing and the 7 The court determined that it was sufficient that 8 The Opinion noted that one of the underlying amounts of the Banks’ reported income. the Banks had authority to purchase mortgages as purposes of amendments to the incidental power In September 2008, the Financial an activity incidental to their housing finance provisions of the Bank Act made by Federal Accounting Standards Board (FASB) mission, and it did not find it necessary to consider Financial Institutions Reform, Recovery and the Banks’ investment authority or the Finance Enforcement Act of 1989 (FIRREA) was to permit issued Exposure Drafts requesting Board’s construction of the investment authority the Banks to assist members in controlling their public comment on a proposed provision of the Bank Act. See Texas Savings, 201 costs, and the interest and credit risks arising from amendment to Interpretation No. 46 F.3d at 551 n.5. their activities. See 1999–GC–03 at 4–5.
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GC–03 at 5. Although the Bank in FEDERAL RESERVE SYSTEM bank holding companies. Unless question never implemented this otherwise noted, these activities will be program, so no loans were securitized Change in Bank Control Notices; conducted throughout the United States. under it, the legal reasoning remains Acquisition of Shares of Bank or Bank Each notice is available for inspection valid given that the incidental powers Holding Companies at the Federal Reserve Bank indicated. The notice also will be available for provisions have not been amended since The notificants listed below have inspection at the offices of the Board of the program was approved. The same applied under the Change in Bank Governors. Interested persons may legal reasoning could be extended to a Control Act (12 U.S.C. 1817(j)) and express their views in writing on the more general securitization program for § 225.41 of the Board’s Regulation Y (12 question whether the proposal complies the Banks. CFR 225.41) to acquire a bank or bank with the standards of section 4 of the holding company. The factors that are With respect to legal issues, we are BHC Act. Additional information on all considered in acting on the notices are specifically seeking comment on the bank holding companies may be set forth in paragraph 7 of the Act (12 following: obtained from the National Information U.S.C. 1817(j)(7)). Center website at www.ffiec.gov/nic/. G.1. Do the incidental authorities in The notices are available for Unless otherwise noted, comments section 11(a) and 11(e)(1) of the Bank immediate inspection at the Federal regarding the applications must be Act provide a sufficient basis to Reserve Bank indicated. The notices received at the Reserve Bank indicated authorize a securitization program, also will be available for inspection at or the offices of the Board of Governors especially if the Banks are allowed to the office of the Board of Governors. not later than March 16, 2009. guarantee the securitized mortgages? Interested persons may express their A. Federal Reserve Bank of Atlanta views in writing to the Reserve Bank G.2. Are there other laws, such as the (Steve Foley, Vice President) 1000 indicated for that notice or to the offices Government Corporation Control Act or Peachtree Street, N.E., Atlanta, Georgia of the Board of Governors. Comments specific tax provisions, which could 30309: must be received not later than March create obstacles to a Bank securitization 1. Educational Services of America, program? 9 16, 2009. A. Federal Reserve Bank of Inc. and Educational Funding of the G.3. Given that different formats for Minneapolis (Jacqueline G. King, South, Inc., both of Knoxville, securitization could be adopted by the Community Affairs Officer) 90 Tennessee, to engage in community Banks, would some formats present Hennepin Avenue, Minneapolis, development activities, pursuant to more legal obstacles to a program than Minnesota 55480–0291: section 225.28(b)(12) of Regulation Y. others? 1. Gary Ihry; Mary Ihry; Wade Ihry; Board of Governors of the Federal Reserve System, February 24, 2009. V. Summary of Request for Comment Marilyn Ihry; Keith Ihry; Brenda Ihry, all of Hope, North Dakota, and Reed Ihry, Robert deV. Frierson, In anticipation of presenting a report of Devils Lake, North Dakota, to acquire Deputy Secretary of the Board. to Congress by July 30, 2009, FHFA is voting shares of Quality Bankshares, [FR Doc. E9–4205 Filed 2–26–09; 8:45 am] seeking public comment with respect to Inc., and thereby indirectly acquire BILLING CODE 6210–01–S a possible securitization program in the voting shares of Quality Bank, both of Bank System. Some of the policy and Fingal, North Dakota. safety and soundness issues that FHFA Board of Governors of the Federal Reserve DEPARTMENT OF HEALTH AND would need to address in the study are System, February 24, 2009. HUMAN SERVICES described in this notice. FHFA Robert deV. Frierson, anticipates that responses to the Deputy Secretary of the Board. National Institute for Occupational Safety and Health; Final Effect of questions raised in this notice will [FR Doc. E9–4206 Filed 2–26–09; 8:45 am] Designation of a Class of Employees constitute an important source of BILLING CODE 6210–01–S for Addition to the Special Exposure relevant data and analysis. In addition Cohort to responses on the specific questions raised, commenters should provide FEDERAL RESERVE SYSTEM AGENCY: Centers for Disease Control and other information that they believe may Prevention (CDC), Department of Health Notice of Proposals to Engage in and Human Services (HHS). be useful in our analysis and Permissible Nonbanking Activities or preparation of the FHFA report to To Acquire Companies That Are ACTION: Notice. Congress. Engaged in Permissible Nonbanking SUMMARY: The Department of Health and Dated: February 23, 2009. Activities Human Services (HHS) gives notice James B. Lockhart III, The companies listed in this notice concerning the final effect of the HHS Director, Federal Housing Finance Agency. have given notice under section 4 of the decision to designate a class of [FR Doc. E9–4262 Filed 2–26–09; 8:45 am] Bank Holding Company Act (12 U.S.C. employees at Vitro Manufacturing in BILLING CODE 8070–01–P 1843) (BHC Act) and Regulation Y (12 Canonsburg, Pennsylvania, as an CFR Part 225) to engage de novo, or to addition to the Special Exposure Cohort acquire or control voting securities or (SEC) under the Energy Employees 9 For example, if the Banks were to issue CMOs assets of a company, including the Occupational Illness Compensation as part of the program, the Banks would want such companies listed below, that engages Program Act of 2000. On January 16, interests to qualify for the tax treatment provided either directly or through a subsidiary or 2009, as provided for under 42 U.S.C. to REMICs. The Banks, however, because they are other company, in a nonbanking activity 7384q(b), the Secretary of HHS not subject to Federal taxes, would most likely be that is listed in § 225.28 of Regulation Y designated the following class of considered a ‘‘disqualified organization’’ under the employees as an addition to the SEC: REMIC tax provisions and therefore could not hold (12 CFR 225.28) or that the Board has any residual interests that were created by the determined by Order to be closely All AWE employees who worked at Vitro securitization. See 26 U.S.C. 860E. related to banking and permissible for Manufacturing in Canonsburg, Pennsylvania,
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from August 13, 1942 through December 31, for one or more other classes of employees under 42 U.S.C. 7384l(14)(C). Hence, 1957, for a number of work days aggregating in the SEC. beginning on February 15, 2009, at least 250 work days, occurring either This designation became effective on members of this class of employees, solely under this employment or in combination with work days within the February 15, 2009, as provided for defined as reported in this notice, parameters established for one or more other under 42 U.S.C. 7384l(14)(C). Hence, became members of the Special classes of employees in the Special Exposure beginning on February 15, 2009, Exposure Cohort. Cohort. members of this class of employees, defined as reported in this notice, FOR FURTHER INFORMATION CONTACT: This designation became effective on became members of the Special Larry Elliott, Director, Office of February 15, 2009, as provided for Exposure Cohort. Compensation Analysis and Support, under 42 U.S.C. 7384l(14)(C). Hence, National Institute for Occupational beginning on February 15, 2009, FOR FURTHER INFORMATION CONTACT: Larry Elliott, Director, Office of Safety and Health (NIOSH), 4676 members of this class of employees, Columbia Parkway, MS C–46, defined as reported in this notice, Compensation Analysis and Support, National Institute for Occupational Cincinnati, OH 45226, Telephone 513– became members of the Special 533–6800 (this is not a toll-free Exposure Cohort. Safety and Health (NIOSH), 4676 Columbia Parkway, MS C–46, number). Information requests can also FOR FURTHER INFORMATION CONTACT: Cincinnati, OH 45226, Telephone 513– be submitted by e-mail to Larry Elliott, Director, Office of 533–6800 (this is not a toll-free [email protected]. Compensation Analysis and Support, number). Information requests can also National Institute for Occupational Christine M. Branche, be submitted by e-mail to [email protected]. Safety and Health (NIOSH), 4676 Acting Director, National Institute for Columbia Parkway, MS C–46, Christine M. Branche, Occupational Safety and Health. Cincinnati, OH 45226, Telephone 513– Acting Director, National Institute for [FR Doc. E9–4254 Filed 2–26–09; 8:45 am] Occupational Safety and Health. 533–6800 (this is not a toll-free BILLING CODE 4163–19–P number). Information requests can also [FR Doc. E9–4253 Filed 2–26–09; 8:45 am] be submitted by e-mail to BILLING CODE 4163–19–P [email protected]. DEPARTMENT OF HEALTH AND HUMAN SERVICES Christine M. Branche, DEPARTMENT OF HEALTH AND Acting Director, National Institute for HUMAN SERVICES Occupational Safety and Health. Centers for Disease Control and Prevention [FR Doc. E9–4238 Filed 2–26–09; 8:45 am] National Institute for Occupational BILLING CODE 4163–19–P Safety and Health; Final Effect of Board of Scientific Counselors, Designation of a Class of Employees National Institute for Occupational for Addition to the Special Exposure Safety and Health: Notice of Charter DEPARTMENT OF HEALTH AND Cohort HUMAN SERVICES Renewal AGENCY: Centers for Disease Control and National Institute for Occupational Prevention (CDC), Department of Health This gives notice under the Federal Safety and Health; Final Effect of and Human Services (HHS). Advisory Committee Act (Pub. L. 92– Designation of a Class of Employees ACTION: Notice. 463) of October 6, 1972, that the Board for Addition to the Special Exposure of Scientific Counselors, National Cohort SUMMARY: The Department of Health and Institute for Occupational Safety and Human Services (HHS) gives notice Health, Department of Health and AGENCY: Centers for Disease Control and concerning the final effect of the HHS Human Services, has been renewed for Prevention (CDC), Department of Health decision to designate a class of a 2-year period through February 3, and Human Services (HHS). employees at the Mallinckrodt Chemical 2011. ACTION: Notice. Co., Destrehan Street Plant in St. Louis, Missouri, as an addition to the Special For information, contact Roger Rosa, SUMMARY: The Department of Health and Exposure Cohort (SEC) under the Energy Ph.D., Executive Secretary, Board of Human Services (HHS) gives notice Employees Occupational Illness Scientific Counselors, National Institute concerning the final effect of the HHS Compensation Program Act of 2000. On for Occupational Safety and Health, decision to designate a class of January 16, 2009, as provided for under Department of Health and Human employees at the Metallurgical 42 U.S.C. 7384q(b), the Secretary of Services, 200 Independence Avenue, Laboratory in Chicago, Illinois, as an HHS designated the following class of SW., Room 715H, Mailstop P12, addition to the Special Exposure Cohort employees as an addition to the SEC: Washington, DC 20201, telephone 202/ (SEC) under the Energy Employees 205–7856 or fax 202/260–4464. Occupational Illness Compensation All employees of DOE, its predecessor agencies, and their contractors and Program Act of 2000. On January 16, The Director, Management Analysis subcontractors who worked in the Uranium and Services Office, has been delegated 2009, as provided for under 42 U.S.C. Division at the Mallinckrodt Chemical Co., 7384q(b), the Secretary of HHS Destrehan Street Plant in St. Louis, Missouri, the authority to sign Federal Register designated the following class of from January 1, 1958 to December 31, 1958, notices pertaining to announcements of employees as an addition to the SEC: for a number of work days aggregating at least meetings and other committee 250 work days, occurring either solely under management activities, for both the All AWE employees who worked at the this employment or in combination with Metallurgical Laboratory in Chicago, Illinois, Centers for Disease Control and work days within the parameters established Prevention and the Agency for Toxic from August 13, 1942 through June 30, 1946, for one or more other classes of employees for a number of work days aggregating at least included in the SEC. Substances and Disease Registry. 250 work days, occurring either solely under this employment or in combination with This designation became effective on work days within the parameters established February 15, 2009, as provided for
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Dated: February 3, 2009. DEPARTMENT OF HEALTH AND Thursday March 11–12, 2009. The C&M Elaine L. Baker, HUMAN SERVICES meeting is a public forum for the Director, Management Analysis and Services presentation of proposed modifications Office, Centers for Disease Control and Centers for Disease Control and to the International Classification of Prevention. Prevention Diseases, Ninth-Revision, Clinical [FR Doc. E9–4190 Filed 2–26–09; 8:45 am] Modification. Disease, Disability, and Injury BILLING CODE 4163–18–P Matters to be Discussed: Tentative Prevention and Control Special agenda items include: Body Mass Index Emphasis Panel (SEP): Assessing the (BMI) 50 and over Cognitive symptoms DEPARTMENT OF HEALTH AND Accuracy of Self-Report of HIV Testing related to Traumatic Brain Injury (TBI) HUMAN SERVICES Behavior, Program Announcement and other eurological conditions, E. coli Number (PA) 09–002 expansion fecal incontinence 5th digits Centers for Disease Control and Correction: This notice was published for epilepsy codes, Heart failure, Prevention in the Federal Register on February 10, Mullerian anomalies personal history of Disease, Disability, and Injury 2009, Volume 74, Number 26, Page Vulvar Intraepithelial Neoplasia (VIN) Prevention and Control Special 6634. The place and time should read as and Vaginal Intraepithelial Neoplasia Emphasis Panel (SEP): Extension of follows: (VAIN)Addenda (diagnoses), Injection the World Trade Center Registry (U50), Time and Date: 12 p.m.–3 p.m., of chemotherapeutic agent Intravascular Request for Applications (RFA) OH– March 20, 2009 (Closed). optical coherence tomography (OCT), 09–002 Place: Teleconference. Thoracoscopic procedures, Virtual Status: The meeting will be closed to histology intravascular ultrasound (VH– In accordance with Section 10(a)(2) of the public in accordance with IVUS), Addenda (procedures), and ICD– the Federal Advisory Committee Act provisions set forth in Section 10/MS–DRG update. (Pub. L. 92–463), the Centers for Disease 552b(c)(4) and (6), Title 5 U.S.C., and For Further Information Contact: Amy Control and Prevention (CDC) the Determination of the Director, Blum, Medical Systems Specialist, announces the following meeting of the Management Analysis and Services Classifications and Public Health Data aforementioned committee: Office, CDC, pursuant to Public Law 92– Standards Staff, NCHS, 3311 Toledo 463. Road, Room 2402, Hyattsville, Maryland Time and Date: 8 a.m.–5 p.m., March The Director, Management Analysis 20782, e-mail [email protected], telephone 31, 2009 (Closed). and Services Office, has been delegated 301–458–4106 (diagnosis), Mady Hue, Place: Embassy Suites Hotel, 1900 the authority to sign Federal Register Health Insurance Specialist, Division of Diagonal Road, Alexandria, Virginia notices pertaining to announcements of Acute Care, CMS, 7500 Security Blvd., 22314. meetings and other committee Baltimore, Maryland 21244, e-mail Status: The meeting will be closed to management activities, for both CDC [email protected], telephone the public in accordance with and the Agency for Toxic Substances 410–786–4510 (procedures). provisions set forth in Section and Disease Registry. Notice: Because of increased security 552b(c)(4) and (6), Title 5 U.S.C., and Dated: February 13, 2009. requirements CMS has instituted the Determination of the Director, Elaine L. Baker, stringent procedures for entrance into Management Analysis and Services Director, Management Analysis and Services the building by non-government Office, CDC, pursuant to Public Law 92– Office, Centers for Disease Control and employees. Persons without a 463. Prevention. government I.D. will need to show an Matters to be Discussed: The meeting [FR Doc. E9–4210 Filed 2–26–09; 8:45 am] official form of picture I.D., (such as a will include the review, discussion, and BILLING CODE 4163–18–P drivers license), and sign-in at the evaluation of ‘‘Extension of the World security desk upon entering the Trade Center Registry (U50), RFA OH– building. 09–002.’’ DEPARTMENT OF HEALTH AND Those who wish to attend a specific For Further Information Contact: M. HUMAN SERVICES ICD–9–CM C&M meeting in the CMS Chris Langub, Ph.D., Scientific Review auditorium must submit their name and Officer, Office of Extramural Programs, Centers for Disease Control and organization for addition to the meeting CDC, 1600 Clifton Road, NE., Mailstop Prevention visitor list. Those wishing to attend the March 11–12, 2009 meeting must E74, Atlanta, Georgia, Telephone: National Center for Health Statistics (404)498–2543. submit their name and organization by (NCHS), Classifications and Public March 5, 2009 for inclusion on the The Director, Management Analysis Health Data Standards Staff, visitor list. This visitor list will be and Services Office, has been delegated Announces the Following Meeting maintained at the front desk of the CMS the authority to sign Federal Register building and used by the guards to notices pertaining to announcements of Name: ICD–9–CM Coordination and Maintenance Committee meeting. admit visitors to the meeting. Those meetings and other committee who attended previous ICD–9–CM C&M management activities, for both CDC Time and Date: 8:30 a.m.–4:30 p.m., March 11–12, 2009. meetings will no longer be and the Agency for Toxic Substances automatically added to the visitor list. and Disease Registry. Place: Centers for Medicare and Medicaid Services (CMS) Auditorium, You must request inclusion of your Dated: February 19, 2009. 7500 Security Boulevard, Baltimore, name prior to each meeting you attend. Elaine L. Baker, Maryland. Register to attend the meeting on-line Director, Management Analysis and Services Status: Open to the public. at: http://www.cms.hhs.gov/apps/ Office, Centers for Disease Control and Purpose: The ICD–9–CM Coordination events/. Prevention. and Maintenance (C&M) Committee will Notice: This is a public meeting. [FR Doc. E9–4195 Filed 2–26–09; 8:45 am] hold its first meeting of the 2009 However, because of fire code BILLING CODE 4163–18–P calendar year cycle on Wednesday and requirements, should the number of
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attendants meet the capacity of the and enrolled under Part B, except for automate the transfer of beneficiary room, the meeting will be closed. most individuals with end-stage renal coverage information when a The Director, Management Analysis disease (ESRD), could elect to receive beneficiary changes plans. Form and Services Office, has been delegated benefits either through the Original Number: CMS–10171 (OMB# 0938– the authority to sign Federal Register Medicare Program or an M+C plan. 0978); Frequency: Hourly, yearly and notices pertaining to announcements of The Medicare Prescription Drug, occasionally; Affected Public: Business meetings and other committee Improvement, and Modernization Act of or other for-profits; Number of management activities, for both CDC 2003 (MMA) was enacted on December Respondents: 56,988; Total Annual and the Agency for Toxic Substances 8, 2003. The MMA established the Responses: 1,139,760; Total Annual and Disease Registry. Medicare Prescription Drug Benefit Hours: 1,125,883. (For policy questions Program (Part D) and made revisions to Dated: February 13, 2009. regarding this collection contact Elaine L. Baker, the provisions of Medicare Part C, governing what is now called the Christine Hinds at 410–786–4578. For Director, Management Analysis and Services all other issues call 410–786–1326.) Office, Centers for Disease Control and Medicare Advantage (MA) program Prevention (CDC). (formerly Medicare+Choice). To obtain copies of the supporting Coverage for the prescription drug [FR Doc. E9–4204 Filed 2–26–09; 8:45 am] statement and any related forms for the benefit is provided through contracted BILLING CODE 4163–18–P proposed paperwork collections prescription drug plans or through referenced above, access CMS’ Web site Medicare Advantage (MA) plans that at http://www.cms.hhs.gov/ DEPARTMENT OF HEALTH AND offer integrated prescription drug and PaperworkReductionActof1995, or e- HUMAN SERVICES health care coverage (MA–PD plans). mail your request, including your Cost plans that are required under address, phone number, OMB number, section 1876 of the Social Security Act, Centers for Medicare & Medicaid and CMS document identifier, to and Employer Group Waiver Plans Services [email protected], or call the (EGWP) may also provide a Part D [Document Identifier: CMS–10237 and benefit. Organizations wishing to Reports Clearance Office on (410) 786– 10214, and CMS–10171] provide services under the MA and 1326. Agency Information Collection MA–PD plans must complete an In commenting on the proposed Activities: Proposed Collection; application, negotiate rates and receive information collections please reference Comment Request final approval from CMS. Certain the document identifier or OMB control existing MA plans may also expand number. To be assured consideration, AGENCY: Centers for Medicare & their contracted area by completing the comments and recommendations must Medicaid Services, HHS. Service Area Expansion (SAE) be submitted in one of the following In compliance with the requirement application. ways by April 28, 2009: of section 3506(c)(2)(A) of the Form Number: CMS–10237 and 10214 Paperwork Reduction Act of 1995, the (OMB# 0938–0935); Frequency: Yearly; 1. Electronically. You may submit Centers for Medicare & Medicaid Affected Public: Private Sector; Number your comments electronically to http:// Services (CMS) is publishing the of Respondents: 267; Total Annual www.regulations.gov. Follow the following summary of proposed Responses: 267; Total Annual Hours: instructions for ‘‘Comment or collections for public comment. 6,490. (For policy questions regarding Submission’’ or ‘‘More Search Options’’ Interested persons are invited to send this collection contact Betty Burrier at to find the information collection comments regarding this burden 410–786–4649. For all other issues call document(s) accepting comments. estimate or any other aspect of this 410–786–1326.) 2. By regular mail. You may mail collection of information, including any 2. Type of Information Collection written comments to the following of the following subjects: (1) The Request: Revision of a currently address: CMS, Office of Strategic necessity and utility of the proposed approved collection; Title of Operations and Regulatory Affairs, information collection for the proper Information Collection: Coordination of performance of the agency’s functions; Benefits between Part D Plans and Other Division of Regulations Development, (2) the accuracy of the estimated Prescription Coverage Providers; Use: Attention: Document Identifier/OMB burden; (3) ways to enhance the quality, Section 1860D–23 and 1860D–24 of the Control Number, Room C4–26–05, 7500 utility, and clarity of the information to Social Security Act requires the Security Boulevard, Baltimore, be collected; and (4) the use of Secretary to establish requirements for Maryland 21244–1850. automated collection techniques or prescription drug plans to ensure the Dated: February 20, 2009. other forms of information technology to effective coordination between Part D Michelle Shortt, minimize the information collection plans, State pharmaceutical Assistance programs and other payers. This Director, Regulations Development Group, burden. Office of Strategic Operations and Regulatory 1. Type of Information Collection collection request will assist CMS, Part Affairs. Request: Extension of a currently D plans and other payers with [FR Doc. E9–4128 Filed 2–26–09; 8:45 am] approved collection; Title of coordination of prescription drug Information Collection: Medicare benefits at the point-of-sale and tracking BILLING CODE 4120–01–P Advantage Applications—Part C and of the beneficiary’s True out-of-pocket regulations under 42 CFR part 422 (TrOOP) expenditures using the TrOOP subpart K; Use: The Balanced Budget facilitator. This information will be used Act of 1997 established a new ‘‘Part C’’ by Part D plans, other health insurers or in the Medicare statute Social Security payers, pharmacies and CMS to Act (the Act), which provided for a coordinate prescription drug benefits Medicare+Choice (M+C) program. provided to the Medicare beneficiary. Under section 1851 of the Act, every Beginning in CY 2009, CMS, via the individual entitled to Medicare Part A TrOOP facilitation contractor, will
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DEPARTMENT OF HEALTH AND Entities applying for NAO status must Process for approving NAOs) and HUMAN SERVICES demonstrate that they apply one of the § 410.143 (Requirements for approved sets of quality standards to the DSMT accreditation organizations), we review Centers for Medicare & Medicaid programs that they accredit as set out at and evaluate the application of national Services 42 CFR 410.144. Our review and organizations to be recognized as NAOs [CMS–3205–FN] evaluation of the applicant for DSMT. A national organization organization’s ability to maintain the seeking recognition as a NAO must Medicare Program; Application by the standards and to apply them to demonstrate that it applies one of three American Association of Diabetes accredited entities must provide sets of quality standards to DSMT Educators (AADE) for Recognition as a assurance that DSMT services are able programs: the Medicare quality National Accreditation Organization to be furnished consistent with federal standards found at 42 CFR § 410.144(a); (NAO) for Accrediting Entities To requirements. Section 1865(a)(2) of the the National Standards for Diabetes Self- Furnish Outpatient Diabetes Self- Act further requires that we consider, Management Education Programs Management Training (DSMT) among other factors, with respect to a (NSDSMEP), pursuant to § 410.144(b); national accrediting body the or the standards of a national AGENCY: Centers for Medicare & following— organization representing individuals Medicaid Services (CMS), HHS. • Organization’s requirements for with diabetes that meet or exceed ACTION: Final notice. accreditation, Medicare standards. • Its survey procedures, We may conduct an on-site inspection SUMMARY: This final notice announces • Its ability to provide adequate of a NAO’s office and operations to the approval of an application from the resources for conducting required verify information in the organization’s American Association of Diabetes surveys, application and assess the Educators (AADE) for recognition as a • Its ability to supply information for organization’s compliance with its own National Accreditation Organization use in enforcement activities, policies and procedures. The onsite (NAO) for accrediting entities that wish • Its monitoring procedures for inspection may include, but is not to furnish outpatient Diabetes Self- provider entities found out of limited to, reviewing documents, Management Training (DSMT) to compliance with the conditions or auditing documentation of meetings Medicare beneficiaries. Approval is for requirements, and concerning the accreditation process, a period of 3 years. • Its ability to provide us with evaluating accreditation results or the DATES: Effective Date: This final notice necessary data for validation. accreditation status decisionmaking is effective on March 30, 2009. Section 1865(a)(3)(A) of the Act process and interviewing the requires that we publish a notice organization’s staff. FOR FURTHER INFORMATION CONTACT: Joan identifying the national accreditation A. Moliki, (410) 786–5526. Eva Fung, III. Analysis of and Responses to Public body making the request within 30 days (410) 786–7539. Comments on the Proposed Notice of receipt of a completed application. SUPPLEMENTARY INFORMATION: The notice must describe the nature of We received 16 items of I. Background the request and provide at least a 30-day correspondence containing 9 different public comment period. We have 210 comments. A summary of these Under the Medicare program, eligible days from receipt of the request to comments and our responses are set beneficiaries may receive outpatient publish a finding of approval or denial forth below. Diabetes Self-Management Training of the application. If, after our review Comment: A few commenters (DSMT) when ordered by a physician and evaluation, we determine an supported the approval of the AADE to (or qualified non-physician practitioner) applicant organization meets all deem DSMT programs. The commenters provided certain requirements are met, necessary requirements, any entity stated that the approval of AADE would as set out at 42 CFR 410.141. Our accredited by the organization will be empower the organization to train regulations at 42 CFR 410.141(e)(3) ‘‘deemed’’ to meet the Medicare healthcare professionals to educate an require that a DSMT program be requirements. ailing population on diabetes self- accredited by a National Accreditation management. They further stated that Organization (NAO) so that it can be II. Provisions of the Proposed Notice AADE’s proposed quality standards determined if the program meets the On October 24, 2008, we published a would increase access to community- requirements set out at § 410.144 when proposed notice in the Federal Register based DSMT programs, enable programs providing DSMT services for which (73 FR 63483) to notify the public of to conduct training in real-life settings, Medicare payment is made. American Association of Diabetes enhance behavior changes, and lead to Under section 1865(a)(1) of the Social Educators’ (AADE) request for approval improved clinical outcomes and patient Security Act (the Act), the Secretary of its accreditation program to deem satisfaction. must find that accreditation by a NAO entities furnishing DSMT services. Response: We thank the commenters demonstrates that the standards and for their comments. The goal of the requirements specified by the Secretary Conditions for Coverage and DSMT program is to provide with regard to a provider are met in Requirements for Outpatient DSMT beneficiaries with tools to better manage order for the NAO to qualify for As noted above, the regulations their diabetes and to achieve good deeming authority. We may evaluate specifying the Medicare conditions for clinical and behavioral outcomes. and recognize a nonprofit organization coverage for outpatient DSMT are Comment: One commenter urged with demonstrated experience in located in 42 CFR parts 410, subpart H. CMS to ensure proper alignment of the representing the interests of individuals These conditions implement section AADE quality standards with CMS with diabetes to accredit entities to 1861(qq) of the Act, which provides for standards in order to assure quality furnish training. The regulations Medicare Part B coverage of outpatient DSMT education is delivered to pertaining to requests by a national DSMT as specified by the Secretary. beneficiaries. Another commenter organization to be recognized as a NAO Under section 1865(a)(2) of the Act suggested CMS use the NSDSMEP to for DSMT are set out at 42 CFR 410.142. and our regulations at § 410.142 (CMS evaluate AADE standards.
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Response: Instead of using its own set perform a variety of support functions to physician about the beneficiary’s of quality standards to deem DSMT enhance patients’ self-management outcomes, goals, and educational status. entities as proposed in its initial skills. Additionally, AADE requires Comment: One commenter stated that application, AADE has elected to adopt evidence, as appropriate, of current the AADE’s proposed standards did not and abide by the NSDSMEP standards. licenses, registration and/or certification clarify how the accredited DSMT We performed an extensive review of of instructors. program would be able to meet the AADE accrediting policies and Comment: Some commenters raised beneficiaries’ needs that were outside procedures, and assessed its proposed concerns that AADE did not clearly the solo instructor’s scope of practice implementation strategies for the define ‘‘the use of non-clinical staff and expertise. In addition, the NSDSMEP. We concluded that they are (such as, community health workers) to commenter stated that it was unclear consistent with the NSDSMEP and meet deliver diabetes education, with how collaboration and linkages with our requirements. supervision by professional staff.’’ The other external health care providers of Comment: One commenter stated that commenters further noted that AADE different disciplines would occur with the NSDSMEP requires the appointment did not address the audit process for the only a solo program instructor. of an advisory committee to promote training or on-going education of these Response: AADE now requires quality and meet patient and non-professional instructors. One programs that have solo instructors to community needs. The commenter commenter stated that the non- establish a mechanism for ensuring that noted that AADE’s proposed policies professional staff should not be participant needs are met if these needs did not address the requirement for authorized to provide DSMT are outside the instructor’s scope of such oversight or input. The commenter independently and that their work practice and expertise. believed that AADE policies were would need to be actively supervised by Comment: One commenter expressed therefore less stringent than the CMS appropriate credentialed professional concern that AADE’s proposed standard quality improvement standard, which staff. #6 would have allowed DSMT to be requires an entity to either have an Response: As stated previously, delivered through telecommunication agreement with a Quality Improvement AADE accreditation standards no longer media, while the 2009 Medicare Organization (QIO) to participate in a permit accredited DSMT programs to Physician Fee Schedule Final Rule specified quality improvement project include non-professionals as instructors specifically disallows payment for or demonstrate a level of achievement on the DSMT team. AADE will require telehealth provision of services as a through a comparable project of its own that the responsibilities of community substitute for face-to-face DSMT service. design. health workers on the DSMT team be Response: We agree with the Response: Subsequent to its decision non-instructional and non-technical. commenter that the delivery of DSMT to adopt the NSDSMEP, AADE revised They will receive training and be through telecommunication services its policies to include a patient-centered directly supervised by diabetes does not meet the intent of our DSMT and consumer-focused advisory group educators in the program. We believe standards, which promote interactive, to provide input for planning, that there are merits in using non- face-to-face and collaborative learning. developing, evaluating, and professional staff such as community To comply with Medicare policy on collaborating DSMT efforts to better health workers in collaborative payment for telehealth services, AADE serve the community. We conducted a programs such as DSMT. With training has removed the language on the thorough review of AADE’s revised and supervision as required, non- permissibility of providing DSMT via policies and determined that they meet professional staff can provide social telecommunication services from its applicable standards. support to beneficiaries, facilitate access Interpretive Guidance and notes in its Comment: Some commenters strongly to services and enhance cultural policy that we do not reimburse for objected to AADE’s proposed standard competency of service delivery. DSMT provided via telehealth. which would have allowed non- Comment: One commenter strongly Comment: One commenter professionals to be instructors on the supported the requirement for a recommended that AADE be more DSMT team. They were concerned that certified diabetes educator (CDE) on the explicit in describing the training the quality and accuracy of the DSMT instructional team. program for volunteer auditors. would be significantly compromised. Response: With the adoption of the Response: AADE revised its policies The commenters believed that the non- NSDSMEP, AADE-accredited DSMT to strengthen the training program for professional instructors could not stay entities may include instructors who are volunteer auditors to ensure consistent current on the rapidly evolving certified diabetes educator(s). application of the standards to all DSMT treatment strategies due to their limited Comment: One commenter stated that programs. education and credentials. One a physician-led team approach should Comment: One commenter requested commenter cited studies to demonstrate be used to deliver cost-effective diabetes that AADE clarify the percentage of the lack of evidence to support the education. programs it audits in the initial effectiveness of lay health workers in Response: The leadership role of the application phase as well as in the primary and community health care. physician has not changed. Under accreditation period. Response: We fully agree with the § 410.141, Outpatient DSMT, the Response: AADE’s policy on random commenters that DSMT instructors physician or qualified non-physician on-site audit specifies 5 percent of should have qualified credentials in practitioner treating the beneficiary’s applicants for initial accreditation, 10 order to provide quality DSMT to diabetes is charged with evaluating the percent of accredited programs during Medicare beneficiaries. With AADE’s beneficiary’s need for training. He or she an accreditation cycle and 10 percent of adoption of the NSDSMEP, non- sets out the comprehensive plan of care; applicants applying for re-accreditation. professionals will not be permitted to be provides guidance on plan content, the Comment: One commenter requested a part of an accredited DSMT program’s number of sessions, frequency, and clarification of the AADE requirement instructional team in an instructional duration of services; and provides for continuous quality improvement capacity. Instead, AADE will limit their follow-up as necessary. Furthermore, activities for accredited programs. responsibilities to non-instructional and the DSMT entity is expected to Response: For continuous quality non-technical roles, in which they will periodically update the referring improvement activities, AADE has
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specific policies and procedures in allows its accredited programs the Dated: February 6, 2009. place that require accredited programs option to use other data collection tools. Charlene Frizzera, to have a systematic process for DSMT programs also have the option of Acting Administrator, Centers for Medicare implementing a continuous quality seeking accreditation by either of the & Medicaid Services. improvement process and plan, that is, other NAOs for DSMT: the American [FR Doc. E9–3287 Filed 2–26–09; 8:45 am] programs are required to develop Diabetes Association or the Indian BILLING CODE 4120–01–P projects of their own design, and to Health Service (accrediting American specify the outcome measures they are Indian and Alaska Native programs). currently tracking, providing a rationale Comment: One commenter suggested DEPARTMENT OF HEALTH AND for selecting the outcome measures. that in addition to granting deeming HUMAN SERVICES Furthermore, AADE also requires an authority to NAOs, CMS should expand accredited program to undertake quality outreach efforts to increase access to Centers for Medicare & Medicaid improvement activities annually. DSMT programs by educating Services Comment: One commenter stated that beneficiaries, physicians, and qualified [CMS–4142–PN] AADE’s proposed re-accreditation non-physician practitioners (for methodology that would perform example, nurse practitioners, physician Medicare Program; Application of the random checks on providers’ assistants) to enhance their Utilization Review Accreditation professional licenses, certificates and understanding of the DSMT referral Commission (URAC) for Deeming continuing education, would be process. Authority for Medicare Prescription inadequate, since the staffing turnover Response: This is beyond the scope of Drug Plan (PDP) Sponsors in DSMT programs is high. Random this final notice. However, educating credential validation could pose a more professionals about how to care for AGENCY: Centers for Medicare & potential quality assurance problem. Medicaid Services (CMS), HHS. Response: We agree with the persons with diabetes, and educating ACTION: Proposed notice. commenter that an accrediting more persons with diabetes about self- care is an area that we consider to be organization should comprehensively SUMMARY: This proposed notice beneficial. Currently, there are a number validate professional licenses, announces the application of the of studies being conducted by our certificates and continuing education in Utilization Review Accreditation Quality Improvement Organizations. We the re-accreditation phases to ensure Commission (URAC) for deeming expect to build on the lessons from DSMT programs provide quality care by authority as a national accreditation these studies to further reduce qualified staff. AADE’s reaccreditation organization for prescription drug plan disparities between health care received methodology now requires programs to sponsors participating in the Voluntary by minority populations and to be able notify the AADE of any change in staff Medicare Prescription Drug Benefit to measure improvements as evidenced status, and to maintain documentation Program. This announcement describes by these studies. It is anticipated that of current verification of professional the criteria to be used in evaluating the the studies will provide an opportunity licenses, certificates and continuing application and provides information to learn the most appropriate treatment education for inspection during the re- for submitting comments during a 30 modalities for a variety of serious health accreditation process. day public comment period. Comment: One commenter concerns, including diabetes, that are DATES: recommended that AADE adopt prevalent in our society. To be assured consideration, comments must be received at one of NSDSMEP standard #10, requiring the IV. Provisions of the Final Notice DSMT entity to measure the the addresses provided below, no later effectiveness of the education process AADE’s application to become a NAO than 5 p.m. on March 30, 2009. and determine opportunities for for purposes of DSMT as authorized ADDRESSES: In commenting, please refer improvement using a written under Section 1861 (qq) of the Act is to file code CMS–4142–PN. Because of continuous quality improvement plan approved for a period of three (3) years staff and resource limitations, we cannot that describes and documents a and becomes effective 30 days after accept comments by facsimile (FAX) systematic review of the entity’s process publication of this final notice. This transmission. and outcome data. approval is subject to renewal You may submit comments in one of Response: As stated earlier, AADE is subsequent to the receipt of an four ways (please choose only one of the adopting the NSDSMEP in its entirety, application from the AADE and subject ways listed): including standard #10. to review, evaluation and approval of its 1. Electronically. You may submit Comment: A commenter expressed program. electronic comments on specific issues concerns that AADE standards would in this regulation to http:// V. Collection of Information require its accredited programs to use www.regulations.gov. Follow the Requirements the AADE7TM self-care behaviors and instructions for ‘‘Comment of continuum of outcomes framework. This document does not impose Submission’’ and enter the file code to This could create a potential conflict of information collection and find the document accepting comments. interest if AADE-approved entities were recordkeeping requirements. 2. By regular mail. You may mail required to purchase the AADE7TM Consequently, it need not be reviewed written comments (one original and two framework as a condition of by the Office of Management and copies) to the following address ONLY: accreditation. Budget under the authority of the Centers for Medicare & Medicaid Response: We do not believe there is Paperwork Reduction Act of 1995 (44 Services, Department of Health and a conflict of interest if a prospective U.S.C. Chapter 35). Human Services, Attention: CMS–4142– program makes the business decision to (Catalog of Federal Domestic Assistance PN, P.O. Box 8016, Baltimore, MD be accredited by the AADE and Program No. 93.773 Medicare—Hospital 21244–8016. purchase the AADE7TM to enhance its Insurance Program; and No. 93.774, Please allow sufficient time for mailed data collection and quality Medicare—Supplementary Medical comments to be received before the improvement practices. Also, AADE Insurance Program) close of the comment period.
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3. By express or overnight mail. You I. Background within 210 days of receipt of an may send written comments (one Under the Medicare program, eligible application, the Secretary shall original and two copies) to the following beneficiaries may receive prescription determine whether the applicant meets address ONLY: Centers for Medicare & drug benefits through a Prescription criteria specified in section 1865(b)(2) Medicaid Services, Department of drug plan (PDP) sponsor that has a (redesignated in 2008 as section Health and Human Services, Attention: prescription drug plan contract with the 1865(a)(2)) of the Act. On October 14, 2008 URAC submitted CMS–4142–PN, Mail Stop C4–26–05, Centers for Medicare & Medicaid to CMS an application for deeming 7500 Security Boulevard, Baltimore, MD Services (CMS). The regulations authority with respect to Part D 21244–1850. specifying the Medicare requirements 4. By hand or courier. If you prefer, sponsors’ compliance with the that must be met in order for a PDP you may deliver (by hand or courier) following PDP plan requirements, as set sponsor to enter into a prescription drug your written comments (one original out at 42 CFR 423.165(b): plan contract with CMS are located at and two copies) before the close of the ■ Access to covered drugs; 42 CFR part 423. These requirements comment period to one of the following ■ Confidentiality and accuracy of implement Part D of Title XVIII of the addresses: enrollee prescription drug records; a. Room 445–G, Hubert H. Humphrey Social Security Act (the Act), which ■ Drug utilization management, Building, 200 Independence Avenue, specifies the prescription drug benefits quality assurance measure and systems, SW., Washington, DC 20201 that a PDP sponsor must provide and medication therapy management; and, (Because access to the interior of the the requirements that the organization ■ The sponsors’ programs to control HHH Building is not readily available to must meet to be a PDP sponsor. Other fraud, waste and abuse. To be approved persons without Federal Government relevant sections of the Act are parts A for deeming authority, an accrediting identification, commenters are and B of Title XVIII and part A of Title organization must demonstrate that its encouraged to leave their comments in XI of the Act, pertaining to the provision accreditation program requirements the CMS drop slots located in the main of services by Medicare certified meet or exceed the Medicare lobby of the building. A stamp-in clock providers and suppliers. requirements for which it is seeking the is available for persons wishing to retain Generally, for an organization to enter authority to deem compliance. into a PDP contract, the organization a proof of filing by stamping in and II. Provisions of the Proposed Notice retaining an extra copy of the comments must be licensed by the State as a risk being filed.) bearing organization as set forth at 42 The purpose of this proposed notice b. 7500 Security Boulevard, CFR 423.504(b)(2) of our regulations. is to notify the public of the application Baltimore, MD 21244–1850. Additionally, the organization must file of the Utilization Review Accreditation If you intend to deliver your an application demonstrating that it Commission for deeming authority as a comments to the Baltimore address, meets other Medicare requirements in national accreditation organization for please call telephone number (410) 786– part 423 of our regulations. Following prescription drug plan sponsors 7195 in advance to schedule your approval of the contract, we engage in participating in the Voluntary Medicare arrival with one of our staff members. routine monitoring and oversight audits Prescription Drug Benefit Program. This Comments mailed to the addresses of the PDP sponsors to ensure announcement describes the criteria to indicated as appropriate for hand or continuing compliance. The monitoring be used in evaluating the application courier delivery may be delayed and and oversight audit process is and provides information for submitting received after the comment period. comprehensive and uses a written comments during a 30-day public FOR FURTHER INFORMATION CONTACT: Sue protocol that itemizes the Medicare comment period. Bradshaw, (410) 786–2896. requirements that the PDP sponsors Deeming Application Approval Process SUPPLEMENTARY INFORMATION: must meet. Inspection of Public Comments: All As an alternative for meeting some The application process for deeming comments received before the close of Medicare requirements, a PDP sponsor authority includes a review of URAC’s the comment period are available for may be exempt from CMS monitoring of application in accordance with the viewing by the public, including any certain requirements in subsets listed in criteria specified by our regulations at personally identifiable or confidential section 1860D–4(j) of the Act (cross- § 422.171(a). This includes, but is not limited to, the following: business information that is included in referencing section 1852(e)(4)(B) of the • a comment. We post all comments Act) as a result of a PDP sponsor’s The equivalency of URAC’s received before the close of the accreditation by a CMS-approved requirements for PDP sponsors to CMS’s comment period on the following Web accrediting organization (AO). In comparable PDP sponsor requirements. • URAC’s survey process, to site as soon as possible after they have essence, the Secretary ‘‘deems’’ that the PDP has met the Medicare requirements determine the following: been received: http:// + The frequency of surveys. www.regulations.gov. Follow the search via its accreditation, based on a + The types of forms, guidelines, and instructions on that Web site to view previous determination that the AO’s instructions used by surveyors. public comments. standards are at least as stringent as + Descriptions of the accreditation Comments received timely will also Medicare requirements. As we specify at decision making process, deficiency be available for public inspection as § 423.168(b)(2)(ii) of our regulations, the notification and monitoring process, they are received, generally beginning term for which an AO may be approved and compliance enforcement process. approximately 3 weeks after publication by CMS may not exceed 6 years. For • Detailed information about of a document, at the headquarters of continuing approval, the AO will have individuals who perform accreditation the Centers for Medicare & Medicaid to re-apply to CMS. An organization that surveys including— Services, 7500 Security Boulevard, applies for PDP sponsor deeming + Size and composition of the survey Baltimore, Maryland 21244, Monday authority is generally recognized by the team; through Friday of each week from 8:30 industry as an entity that accredits PDP + Education and experience a.m. to 4 p.m. To schedule an sponsors that are licensed as requirements for the surveyors; appointment to view public comments, prescription drug plan sponsors. Section + In-service training required for phone 1–800–743–3951. 1852(e)(4)(C) of the Act requires that surveyor personnel;
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+ Surveyor performance evaluation individually. We will consider all 2. Wednesday, April 29, 2009, 9 a.m. systems; and comments we receive by the date and to 5 p.m., e.d.t. (Drugs/Biologicals/ + Conflict of interest policies relating time specified in the DATES section of Radiopharmaceuticals/Radiologic to individuals in the survey and this preamble, and, when we proceed Imaging Agents). accreditation decision process. with a subsequent document, we will 3. Tuesday, May 12, 2009, 9 a.m. to • Descriptions of the organization’s— respond to the comments in the 5 p.m., e.d.t. (Supplies and Other). + Data management and analysis preamble to that document. 4. Wednesday, May 13, 2009, 9 a.m. system; to 5 p.m., e.d.t. (Supplies and Other). V. Regulatory Impact Statement + Policies and procedures for 5. Wednesday, May 27, 2009, 9 a.m. investigating and responding to In accordance with the provisions of to 5 p.m., e.d.t. (Orthotics and complaints against accredited Executive Order 12866, this regulation Prosthetics). organizations; and+ Types and was not reviewed by the Office of 6. Thursday, May 28, 2009, 9 a.m. to categories of accreditation offered and Management and Budget. 5 p.m., e.d.t. (Durable Medical PDP sponsors and MA organizations (Catalog of Federal Domestic Assistance Equipment (DME) and Accessories). currently accredited within those types Program No. 93.773, Medicare—Hospital 7. Thursday, July 9, 2009, 9 a.m. to 5 and categories. Insurance Program; and No. 93.774, p.m., e.d.t. (Durable Medical Equipment In accordance with § 423.171(b) of our Medicare—Supplementary Medical (DME) and Accessories, including regulations, the applicant must provide Insurance Program) Negative Pressure Wound Therapy documentation relating to the following: Dated: February 13, 2009. (NPWT) devices. • Its ability to provide data in a CMS Charlene Frizzera, Deadlines for Primary Speaker compatible format. • Acting Administrator, Centers for Medicare Registration and Presentation Materials: The adequacy of personnel and The deadline for registering to be a other resources necessary to perform the & Medicaid Services. [FR Doc. E9–4320 Filed 2–26–09; 8:45 am] primary speaker, and submitting required surveys and other activities. materials and writings that will be used • BILLING CODE 4120–01–P Assurances that it will comply with in support of an oral presentation are as ongoing responsibility requirements follows: specified in § 423.168(c) of our • April 14, 2009 for the April 28 and regulations. DEPARTMENT OF HEALTH AND HUMAN SERVICES 29, 2009 public meetings. Additionally, the accrediting • April 28, 2009 for the May 12 and organization must provide CMS with Centers for Medicare & Medicaid 13, 2009 public meetings. the opportunity to observe its Services • May 13, 2009 for the May 27 and accreditation process on site at a 28, 2009 public meetings. managed care organization and must [CMS–1497–N] • June 25, 2009 for the July 9, 2009 provide any other information that CMS Medicare Program; Public Meetings in public meeting. requires to prepare for an onsite visit. Deadlines for All Other Attendees These site visits will help to verify that Calendar Year 2009 for All New Public Requests for Revisions to the Registration: All individuals must the information presented in the register for each date that they plan on application is correct and to make a Healthcare Common Procedure Coding System (HCPCS) Coding and Payment attending. The registration deadlines are determination on the application. different for each meeting. Registration In accordance with section Determinations deadlines are as follows: 1865(a)(3)(A) of the Act and our AGENCY: • April 21, 2009 for the April 28 and regulations at § 423.168(b)(1), this Centers for Medicare & 29, 2009 public meeting dates. proposed notice solicits public Medicaid Services (CMS), HHS. • May 5, 2009 for the May 12 and 13, comment on the ability of URAC’s ACTION: Notice. 2009 public meeting dates. accreditation program to meet or exceed SUMMARY: This notice announces the • May 20, 2009 for the May 27 and the Medicare requirements for PDP dates, time, and location of the 28, 2009 public meetings. sponsors which it seeks authority to Healthcare Common Procedure Coding • July 2, 2009 for the July 9, 2009 deem as being in compliance with such System (HCPCS) public meetings to be public meeting. requirements. In accordance with held in calendar year 2009 to discuss Deadlines for Requesting Special § 423.168(b)(1)(iii), comments are due our preliminary coding and payment Accommodations: [at least 30] days after the date of determinations for all new public • April 14, 2009 for the April 28 and publication of this proposed notice. requests for revisions to the HCPCS. 29, 2009 public meeting dates. III. Collection of Information These meetings provide a forum for • April 28, 2009 for the May 12 and Requirements interested parties to make oral 13, 2009 public meeting dates. • This document does not impose presentations or to submit written May 13, 2009 for the May 27 and comments in response to preliminary 28, 2009 public meetings. information collection and • recordkeeping requirements. coding and payment determinations. June 25, 2009 for the July 9, 2009 Consequently, it need not be reviewed Discussion will be directed toward public meeting. by the Office of Management and responses to our specific preliminary Deadline for Submission of Written Budget under the authority of the recommendations and will include all Comments: Written comments must be Paperwork Reduction Act of 1995 (44 items on the public meeting agenda. received by the date of meeting at which U.S.C. Chapter 35). DATES: Meeting Dates: The following are a request is scheduled for discussion. the 2009 HCPCS public meeting dates: ADDRESSES: Meeting Location: The IV. Response to Comments 1. Tuesday, April 28, 2009, 9 a.m. to public meetings will be held in the main Because of the large number of public 5 p.m., eastern daylight time (e.d.t.) auditorium of the central building of the comments we normally receive on (Drugs/Biologicals/ Centers for Medicare and Medicaid Federal Register documents, we are not Radiopharmaceuticals/Radiologic Services, 7500 Security Boulevard, able to acknowledge or respond to them Imaging Agents). Baltimore, MD 21244–1850.
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Submission of Written Comments: consideration, as well as an opportunity must provide their name, company Written comments can be e-mailed to for CMS to gather public input. name and address, contact information [email protected] or sent via regular as specified on the sign-up sheet, and II. Meeting Registration mail to Jennifer Carver or Gloria Knight, identify the specific agenda item that HCPCS Public Meeting Coordinator, A. Required Information for Registration they will address. Centers for Medicare & Medicaid The following information must be C. Additional Meeting/Registration Services, 7500 Security Boulevard, Mail provided when registering: Information Stop C5–08–27, Baltimore, MD 21244. • Name; Public Meetings are scheduled far in Registration and Special • Company name and address; advance of the influx of HCPCS Accommodations: Individuals wishing • Direct-dial telephone and fax applications each cycle. At the time to participate or who need special numbers; accommodations or both must register • E-mail address; and they are scheduled we can only by completing the on-line registration • Special needs information. anticipate the number of applications located at http://www.cms.hhs.gov/ A CMS staff member will confirm your that we receive in each category. As a medhcpcsgeninfo or by contacting one registration by mail, e-mail, or fax. result, we may not need the second day of the following persons: Jennifer Carver of Drugs/Biologicals/ B. Registration Process at (410) 786–6610 or Radiopharmaceuticals/Radiologic [email protected]; or Gloria 1. Primary Speakers Imaging Agents Public Meeting (Wednesday, April 29, 2009). We have Knight at (410) 786–4598 or Individuals must also indicate [email protected]. scheduled this date tentatively. The whether they are the ‘‘primary speaker’’ Public Meeting Agendas published on FOR FURTHER INFORMATION CONTACT: for an agenda item. Primary speakers CMS’ HCPCS Web site at http://www. Jennifer Carver at (410) 786–6610 or must be designated by the entity that cms.hhs.gov/medhcpcsgeninfo will [email protected]; or Gloria submitted the HCPCS coding request. serve as final notification regarding Knight at (410) 786–4598 or When registering, primary speakers whether a meeting will be held on April [email protected]. must provide a brief written statement 29, 2009. regarding the nature of the information The product category reported by the SUPPLEMENTARY INFORMATION: they intend to provide, and advise the applicant may not be the same as that I. Background HCPCS Public Meeting Coordinator assigned by CMS. Prior to registering to regarding needs for audio/visual attend a public meeting, all participants On December 21, 2000, the Congress support. To avoid disruption of the are advised to review the public meeting passed the Medicare, Medicaid, and meeting and ensure compatibility with agendas at http://www.cms.hhs.gov/ SCHIP Benefits Improvement and our systems, tapes and disk files are medhcpcsgeninfo which identify our Protection Act of 2000 (BIPA) (Pub. L. tested and arranged in speaker sequence category determinations, and the dates 106–554). Section 531(b) of BIPA well in advance of the meeting. We will each item will be discussed. Draft mandated that we establish procedures accept tapes and disk files that are agendas, including a summary of each that permit public consultation for received by the deadline for request and CMS’ preliminary decision coding and payment determinations for submissions for each public meeting as will be posted on our HCPCS Web site new durable medical equipment (DME) specified in the DATES section of this at http://www.cms.hhs.gov/ under Medicare Part B of title XVIII of notice. The sum of all materials medhcpcsgeninfo at least 4 weeks before the Social Security Act (the Act). The including the presentation may not each meeting. procedures and public meetings exceed 10 pages (each side of a page Additional details regarding the announced in this notice for new DME counts as 1 page). An exception will be public meeting process for all new are in response to the mandate of made to the 10-page limit for relevant public requests for revisions to the section 531(b) of BIPA. studies published between the HCPCS, along with information on how In the November 23, 2001 Federal application deadline and the public to register and guidelines for an Register (66 FR 58743), we published a meeting date, in which case, we would effective presentation, will be posted at notice providing information regarding like a copy of the complete publication least 4 weeks before the first meeting the establishment of the public meeting as soon as possible. date on the HCPCS Web site at http:// process for DME. It is our intent to These materials may be delivered by www.cms.hhs.gov/medhcpcsgeninfo. distribute any materials submitted to regular mail postmark date no later than Individuals who intend to provide a CMS to the HCPCS workgroup members deadline date or by e-mail to one of the presentation at a public meeting need to for their consideration. CMS and the HCPCS Public Meeting Coordinators as familiarize themselves with the HCPCS HCPCS workgroup members require specified in the ADDRESSES section of Web site and the valuable information it sufficient preparation time to review all this notice. Individuals will need to provides to prospective registrants. The relevant materials. Therefore, we are provide 35 copies if materials are HCPCS Web site contains a document implementing a 10-page submission delivered by mail. titled ‘‘The Healthcare Common limit and firm deadlines for receipt of Procedure Coding System (HCPCS) any presentation materials the meeting 2. 5-Minute Speakers Level II Coding Procedures,’’ which is a participant wishes CMS to consider for To afford the same opportunity to all description of the HCPCS coding this reason, our HCPCS Public Meeting attendees, 5-minute speakers are not process, including a detailed Coordinators will only accept and required to register as primary speakers; explanation of the procedures used to review presentation materials received however, 5-minute speakers must still make coding and payment by the deadline for each public meeting, register as attendees by the deadline set determinations for all the products, as specified in the DATES section of this forth under ‘‘Deadlines for all Other supplies, and services that are coded in notice. Attendees Registration’’ in the DATES the HCPCS. The public meeting process provides section of this notice. Attendees can The HCPCS Web site also contains a an opportunity for the public to become sign up only on the day of the meeting document titled ‘‘HCPCS Decision Tree aware of coding changes under to do a 5-minute presentation. They & Definitions’’ which illustrates, in flow
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diagram format, HCPCS coding notice and contact one of the HCPCS meeting registration confirmation. standards as described in our Coding Public Meeting Coordinators, specified Persons without proper identification Procedures document. A summary of in the ADDRESSES section. Primary will be denied access. each public meeting will be posted on speakers must also separately register as To ensure that foreign visitors have the HCPCS Web site by the end of primary speakers by the date specified appropriate access to Department August 2009. in the DATES section of this notice. facilities, HHS has established a policy regarding HHS employees hosting III. Presentations and Comment Format C. ‘‘5-Minute’’ Speaker Presentations foreign nationals to clear such visits We can only estimate the amount of Meeting attendees can sign up at the with the appropriate security officials. meeting time that will be needed since meeting, on a first-come, first-served Attendees that are Foreign Nationals it is difficult to anticipate the total basis, to make 5-minute presentations (reside outside the U.S.) need to identify number of speakers that will register for on individual agenda items. Based on themselves as such, and provide the each meeting. Meeting participants the number of items on the agenda and following information for security should arrive early to allow time to clear the progress of the meeting, a clearance to the public meeting security and sign-in. Each meeting is determination will be made at the coordinator by the registration date: expected to begin promptly as meeting by the meeting coordinator and • Visitor’s full name (as it appears on scheduled. Meetings may end earlier the meeting moderator regarding how passport); than the stated ending time. many 5-minute speakers can be • Gender; A. Oral Presentation Procedures accommodated. • Country of origin and citizenship; • Biographical data and related Individuals who are planning to D. Speaker Declaration information; provide an oral presentation must On the day of the meeting, before the • Date of birth; register as provided under the section end of the meeting, all primary speakers • titled ‘‘Meeting Registration.’’ Materials Place of birth; and 5-minute speakers must provide a • Passport number; and writings that will be used in brief written summary of their • Passport issue date; support of an oral presentation should comments and conclusions to the • Passport expiration date; and be submitted to one of the HCPCS HCPCS Public Meeting Coordinator. • Dates of visits. Public Meeting Coordinators. Each primary speaker and 5-minute Individuals who are not registered in These materials may be delivered by speaker must declare in their advance will not be permitted to enter regular mail (postmark date no later presentation at the meeting, as well as the building and will be unable to than deadline date) or by e-mail to one in their written summary, whether they attend the meeting. The public may not of the HCPCS Public Meeting have any financial involvement with the enter the building earlier than 45 Coordinators specified in the ADDRESSES manufacturers or competitors of any minutes before the convening of the section. Individuals will need to include items being discussed; this includes any meeting each day. 35 copies if materials are delivered by payment, salary, remuneration, or mail. benefit provided to that speaker by the Security measures will also include inspection of vehicles, inside and B. Primary Speaker Presentations manufacturer or the manufacturer’s representatives. outside, at the entrance to the grounds The individual or entity requesting and buildings. In addition, all persons revisions to the HCPCS coding system E. Written Comments From Meeting entering the building must pass through for a particular agenda item may Attendees a metal detector. All items brought to designate one ‘‘primary speaker’’ to (1) Written comments will be CMS are subject to inspection. We make a presentation for a maximum of accepted from the general public and cannot assume responsibility for 15 minutes. Fifteen minutes is the total meeting registrants anytime up to the coordinating the receipt, transfer, time interval for the presentation, and date of the public meeting at which a transport, storage, set-up, safety, or the presentation must incorporate the request is discussed. Comments must be timely arrival of any personal demonstration, set-up, and distribution sent to the address listed in the belongings or items used for of material. In establishing the public ADDRESSES section of this notice. demonstration or to support a meeting agenda, we may group (2) Meeting attendees may also submit presentation. Special arrangements and multiple, related requests under the their written comments at the meeting. approvals are required in order to bring same agenda item. In that case, we will (3) Due to the close timing of the pieces of equipment or medical devices decide whether additional time will be public meetings, subsequent workgroup at least 2 weeks prior to each public allotted, and may opt to increase the reconsiderations, and final decisions, meeting. These arrangements need to be amount of time allotted to the speaker we are able to consider only those made with the public meeting by increments of less than 15 minutes. comments received in writing by the coordinator. It is possible that certain We will post ‘‘Guidelines for close of the public meeting at which the requests made in advance of the public Participation in Public Meetings for All request is discussed. meeting could be denied because of New Public Requests for Revisions to unique safety, security or handling the Healthcare Common Procedure IV. Security, Building, and Parking issues related to the equipment. A Coding System (HCPCS) Coding and Guidelines minimum of 2 weeks is required for Payment Determinations’’ on the official The meetings are held in a Federal approvals and security procedures. Any HCPCS Web site at least 4 weeks before government building; therefore, Federal request not submitted at least 2 weeks the first public meeting in 2009 for all security measures are applicable. In in advance of the public meeting will be new public requests for revisions to the planning your arrival time, we denied. HCPCS. Individuals designated to be the recommend allowing additional time to Parking permits and instructions are primary speaker must register to attend clear security. In order to gain access to issued upon arrival by the guards at the the meeting using the registration the building and grounds, participants main entrance. procedures described under the must bring government-issued photo All visitors must be escorted by ‘‘Meeting Registration’’ section of this identification and a copy of your written agency staff in order to enter areas other
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than the public areas on the lower and Respondent: 1; Average Burden Hours The meetings will be closed to the first-floor levels in the Central Building. Per Response: 3.9; and Estimated Total public in accordance with the Authority: Section 1102 and 1871 of the Annual Burden Hours Requested: provisions set forth in sections Social Security Act (42 U.S.C. 1302 and 42 132,501. The annualized cost to 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., U.S.C. 1395hh). respondents is estimated at: $4,637,535. as amended. The grant applications and Dated: February 20, 2009. There are no Capital Costs to report. the discussions could disclose Charlene Frizzera, There are no Operating or Maintenance confidential trade secrets or commercial Costs to report. property such as patentable material, Acting Adminstrator, Centers for Medicare Request for Comments: Written & Medicaid Services. and personal information concerning comments and/or suggestions from the individuals associated with the grant [FR Doc. E9–4124 Filed 2–26–09; 8:45 am] public and affected agencies are invited applications, the disclosure of which BILLING CODE 4120–01–P on one or more of the following points: would constitute a clearly unwarranted (1) Whether the proposed collection of invasion of personal privacy. DEPARTMENT OF HEALTH AND information is necessary for the proper Name of Committee: Center for Scientific HUMAN SERVICES performance of the function of the Review Special Emphasis Panel, Special agency, including whether the Review of Cognition, Language and National Institutes of Health information will have practical utility; Perception Fellowships. (2) the accuracy of the agency’s estimate Date: March 2, 2009. Proposed Collection: Comment of the burden of the proposed collection Time: 1 p.m. to 2 p.m. Request; Revision of OMB No. 0925– of information, including the validity of Agenda: To review and evaluate grant 0002, Exp. 9/30/11, ‘‘Ruth L. the methodology and assumptions used; applications. Kirschstein NRSA Individual (3) ways to enhance the quality, utility, Place: The Fairmont Washington, DC, 2401 Fellowship Application and Related and clarity of the information to be M Street, NW., Washington, DC 20037. Forms’’ Contact Person: Dana Jeffrey Plude, PhD, collected; and (4) ways to minimize the Scientific Review Officer, Center for burden of the collection of information SUMMARY: In compliance with the Scientific Review, National Institutes of requirement of Section 3506(c)(2)(A) of on those who are to respond, including Health, 6701 Rockledge Drive, Room 3176, the Paperwork Reduction Act of 1995, the use of appropriate automated, MSC 7848, Bethesda, MD 20892, 301–435– for opportunity for public comment on electronic, mechanical, or other 2309, [email protected]. technological collection techniques or This notice is being published less than 15 proposed data collection projects, the days prior to the meeting due to the timing Office of Extramural Research, the other forms of information technology. For Further Information Contact: To limitations imposed by the review and National Institutes of Health (NIH) will request more information on the funding cycle. publish periodic summaries of proposed proposed project or to obtain a copy of Name of Committee: Center for Scientific projects to be submitted to the Office of the data collection plans and Review Special Emphasis Panel, Mechanisms Management and Budget (OMB) for instruments, contact Ms. Mikia Currie, of Tumor Initiation and Progression. review and approval. Project Clearance Branch, Office of Date: March 16, 2009. Proposed Collection: Title: Ruth L. Time: 8:30 a.m. to 10:30 a.m. Policy for Extramural Research Kirschstein NRSA Individual Agenda: To review and evaluate grant Fellowship Application and Related Administration, NIH, Rockledge 1 applications. Forms. Type of Information Collection Building, Room 3505, 6705 Rockledge Place: National Institutes of Health, 6701 Request: Revision, OMB 0925–0002, Drive, Bethesda, MD 20892–7974, or Rockledge Drive, Bethesda, MD 20892. Expiration Date 9/30/11. Form call non-toll-free number 301–435– (Telephone Conference Call). Numbers: PHS 416–1, 416–9, 416–5, 0941, or e-mail your request, including Contact Person: Elaine Sierra-Rivera, PhD, your address to: [[email protected]]. Scientific Review Officer, Center for 416–7, 6031, 6031–1. Scientific Review, National Institutes of Need and Use of Information Comments Due Date: Comments regarding this information collection are Health, 6701 Rockledge Drive, Room 6184, Collection: The PHS 416–1and 416–9 MSC 7804, Bethesda, MD 20892, 301–435– are used by individuals to apply for best assured of having their full effect if received within 60-days of the date of 1779, [email protected]. direct research training support. Awards This notice is being published less than 15 this publication. are made to individual applicants for days prior to the meeting due to the timing specified training proposals in Dated: February 20, 2009. limitations imposed by the review and biomedical and behavioral research, George Gardner, funding cycle. selected as a result of a national Assistant Grants Policy Officer, OPERA, OER, Name of Committee: Center for Scientific competition. The other related forms National Institutes of Health. Review Special Emphasis Panel, Small (PHS 416–5, 416–7, 6031, 6031–1) are [FR Doc. E9–4209 Filed 2–26–09; 8:45 am] Business: Psychopathology and Adult Disorders. used by these individuals to activate, BILLING CODE 4140–01–P Date: March 17, 2009. terminate, and provide for payback of a Time: 8 a.m. to 6 p.m. National Research Service Award. Agenda: To review and evaluate grant Frequency of response: Applicants may DEPARTMENT OF HEALTH AND applications. submit applications for published HUMAN SERVICES Place: Bahia Resort Hotel, 998 W. Mission receipt dates. If awarded, annual Bay Drive, San Diego, CA 92109. progress is reported and trainees may be National Institutes of Health Contact Person: Dana Jeffrey Plude, PhD, appointed or reappointed. Affected Scientific Review Officer, Center for Center for Scientific Review; Notice of Scientific Review, National Institutes of Public: Individuals or households; Closed Meetings businesses or other for profit; not-for- Health, 6701 Rockledge Drive, Room 3176, MSC 7848, Bethesda, MD 20892, 301–435– profit institutions; Federal Government; Pursuant to section 10(d) of the 2309, [email protected]. and State, Local or Tribal Governments. Federal Advisory Committee Act, as This notice is being published less than 15 Type of Respondents: Adult scientific amended (5 U.S.C. Appendix 2), notice days prior to the meeting due to the timing trainees and Respondents: 34,454; is hereby given of the following limitations imposed by the review and Estimated Number of Responses per meetings. funding cycle.
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Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 09–012: Promoting Careers of Women in Review Special Emphasis Panel, Biochemical Rockledge Drive, Bethesda, MD 20892. Science and Engineering. and Biophysical Sciences Fellowship. (Virtual Meeting). Date: March 30–31, 2009. Date: March 17, 2009. Contact Person: Amy L. Rubinstein, PhD, Time: 4 p.m. to 5 p.m. Time: 8 a.m. to 5 p.m. Scientific Review Officer, Center for Agenda: To review and evaluate grant Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. applications. Health, 6701 Rockledge Drive, Rm. 5152, Place: The Savoy Suites, 2505 Wisconsin MSC 7844, Bethesda, MD 20892, 301–435– Place: Embassy Suites at the Chevy Chase Avenue, NW., Washington, DC 20007. 1159, [email protected]. Pavilion, 4300 Military Road, NW., Contact Person: Sergei Ruvinov, PhD, Name of Committee: Center for Scientific Washington, DC 20015. Scientific Review Officer, Center for Review Special Emphasis Panel, Contact Person: Valerie Durrant, PhD, Scientific Review, National Institutes of Reproductive and Developmental Sciences. Scientific Review Officer, Center for Health, 6701 Rockledge Drive, Room 4158, Date: March 25–26, 2009. Scientific Review, National Institutes of MSC 7806, Bethesda, MD 20892, 301–435– Time: 10 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 3148, 1180, [email protected]. Agenda: To review and evaluate grant MSC 7770, Bethesda, MD 20892, (301) 435– This notice is being published less than 15 applications. 3554, [email protected]. days prior to the meeting due to the timing Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific limitations imposed by the review and Rockledge Drive, Bethesda, MD 20892. funding cycle. (Virtual Meeting). Review Special Emphasis Panel, Roadmap Name of Committee: Center for Scientific Contact Person: Krish Krishnan, PhD, HIS Assay for MLPCN. Review Special Emphasis Panel, Small Scientific Review Officer, Center for Date: March 31, 2009. Business: Aging and Memory. Scientific Review, National Institutes of Time: 8 a.m. to 6 p.m. Date: March 17, 2009. Health, 6701 Rockledge Drive, Room 6164, Agenda: To review and evaluate grant Time: 11 a.m. to 12 p.m. MSC 7892, Bethesda, MD 20892, (301) 435– applications. Agenda: To review and evaluate grant 1041, [email protected]. Place: Galleria Park Hotel, 191 Sutter applications. Name of Committee: Center for Scientific Place: Bahia Resort, 998 W. Mission Bay Street, San Francisco, CA 94104. Review Special Emphasis Panel, Drive, San Diego, CA 92109. Contact Person: James J. Li, PhD, Scientific Developmental Pharmacology. Contact Person: Maribeth Champoux, PhD, Review Officer, Center for Scientific Review, Date: March 26–27, 2009. Scientific Review Officer, Center for National Institutes of Health, 6701 Rockledge Time: 8 a.m. to 5 p.m. Scientific Review, National Institutes of Drive, Room 5148, MSC 7849, Bethesda, MD Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 3170, applications. 20892, 301–435–2417, [email protected]. MSC 7848, Bethesda, MD 20892, 301–594– Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific 3163, [email protected]. Rockledge Drive, Bethesda, MD 20892. Review Special Emphasis Panel, Pre-doctoral This notice is being published less than 15 (Virtual Meeting). days prior to the meeting due to the timing Diversity Fellowships: Division of Basic and limitations imposed by the review and Contact Person: Janet M. Larkin, PhD, Integrative Biological Sciences. funding cycle. Scientific Review Officer, Center for Date: March 31–April 1, 2009. Scientific Review, National Institutes of Time: 8 a.m. to 5 p.m. Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 1102, Agenda: To review and evaluate grant Review Special Emphasis Panel, Global MSC 7840, Bethesda, MD 20892, 310–435– applications. Infectious Disease Program. 1026, [email protected]. Date: March 19, 2009. Place: Melrose Hotel, 2430 Pennsylvania Name of Committee: Center for Scientific Time: 8:30 a.m. to 6 p.m. Avenue, NW., Washington, DC 20037. Review Special Emphasis Panel, Risk Agenda: To review and evaluate grant Contact Person: Noni Byrnes, PhD, applications. Prevention Health Behavior Fellowships. Date: March 27, 2009. Scientific Review Officer, Center for Place: The Fairmont Washington, DC, 2401 Scientific Review, National Institutes of M Street, NW., Washington, DC 20037. Time: 8 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 5130, Contact Person: Dan D. Gerendasy, PhD, Agenda: To review and evaluate grant Scientific Review Officer, Center for applications. MSC 7840, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of Place: Hotel Palomar, 2121 P Street, NW., 1023, [email protected]. Health, 6701 Rockledge Drive, Room 5132, Washington, DC 20037. Contact Person: Karen Lechter, PhD, (Catalogue of Federal Domestic Assistance MSC 7843, Bethesda, MD 20892, 301–594– Program Nos. 93.306, Comparative Medicine; 6830, [email protected]. Scientific Review Officer, Center for Scientific Review, National Institutes of 93.333, Clinical Research, 93.306, 93.333, Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 3128, 93.337, 93.393–93.396, 93.837–93.844, Review Special Emphasis Panel MSC 7759, Bethesda, MD 20892, 301–496– 93.846–93.878, 93.892, 93.893, National Tropomyosins. Date: March 25–26, 2009. 0726, [email protected]. Institutes of Health, HHS) Time: 8 a.m. to 5 p.m. Name of Committee: Center for Scientific Dated: February 19, 2009. Review Special Emphasis Panel, Physiology Agenda: To review and evaluate grant Jennifer Spaeth, applications. and Pathobiology of Cardiovascular and Place: National Institutes of Health, 6701 Respiratory Systems. Director, Office of Federal Advisory Rockledge Drive, Bethesda, MD 20892. Date: March 30–31, 2009. Committee Policy. (Virtual Meeting). Time: 8 a.m. to 5 p.m. [FR Doc. E9–4044 Filed 2–26–09; 8:45 am] Agenda: To review and evaluate grant Contact Person: Alessandra M. Bini, PhD, BILLING CODE 4140–01–M Scientific Review Officer, Center for applications. Scientific Review, National Institutes of Place: Hyatt Regency Bethesda, One Health, 6701 Rockledge Drive, Room 5142, Bethesda Metro Center, 7400 Wisconsin MSC 7840, Bethesda, MD 20892, 301–435– Avenue, Bethesda, MD 20814. 1024, [email protected]. Contact Person: Abdelouahab Aitouche, Name of Committee: Center for Scientific PhD, Scientific Review Officer, Center for Review Special Emphasis Panel, Program Scientific Review, National Institutes of Project Grant for Systems Genetics. Health, 6701 Rockledge Drive, Room 2183, Date: March 25–26, 2009. MSC 7818, Bethesda, MD 20892, 301–435– Time: 8 a.m. to 5 p.m. 2365, [email protected]. Agenda: To review and evaluate grant Name of Committee: Center for Scientific applications. Review Special Emphasis Panel, RFA GM–
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DEPARTMENT OF HEALTH AND registration and submission of written consideration of public comments made HUMAN SERVICES comments is April 14, 2009. prior to and during their deliberations. Subsequent to the Panel meeting, National Institutes of Health ADDRESSES: The meeting will be held at the Natcher Conference Center, National NICEATM received additional LLNA Institutes of Health, 45 Center Drive, data for pesticide formulations and National Toxicology Program (NTP); other products, as well as new data for NTP Interagency Center for the Bethesda, MD 20892. Persons needing special assistance in order to attend, the three modified LLNA test methods. Evaluation of Alternative Toxicological Using the additional information, Methods (NICEATM); Announcement such as sign language interpretation or other reasonable accommodation, NICEATM revised the BRDs for each of of a Second Meeting of the these modified test methods and new Independent Scientific Peer Review should contact 301–402–8180 (voice) or 301–435–1908 TTY (text telephone). applications of the LLNA. The revised Panel on the Murine Local Lymph draft BRDs provide all of the data and Node Assay; Availability of Draft Requests should be made at least seven business days in advance of the event. analyses supporting the scientific Background Review Documents validity of the modified test methods (BRD); Request for Comments FOR FURTHER INFORMATION CONTACT: Dr. and proposed applications. ICCVAM William S. Stokes, Director, NICEATM, AGENCY: National Institute of prepared revised draft test method NIEHS, P.O. Box 12233, Mail Stop: K2– Environmental Health Sciences recommendations regarding the 16, Research Triangle Park, NC 27709; (NIEHS), National Institutes of Health proposed usefulness and limitations, (telephone) 919–541–2384; (fax) 919– (NIH). standardized protocol, and future 541–0947; (e-mail) studies. NICEATM will reconvene the ACTION: Meeting announcement and [email protected]. Courier address: request for comments. Panel to consider the additional NICEATM, NIEHS, 530 Davis Drive, information and revised SUMMARY: NICEATM, in collaboration Room 2035, Mail Stop: K2–16, Durham, recommendations. with the Interagency Coordinating NC 27713. Peer Review Panel Meeting Committee on the Validation of SUPPLEMENTARY INFORMATION: Alternative Methods (ICCVAM), This meeting will take place April 28– Background announces a second meeting of an 29, 2009, at the Natcher Conference independent scientific peer review In January 2007, the U.S. Consumer Center, National Institutes of Health, 45 panel (hereafter, Panel) to evaluate three Product Safety Commission (CPSC) Center Drive, Bethesda, Maryland, non-radioactive modified versions and submitted a nomination to NICEATM 20892. It will begin at 8:30 a.m. and is new applications for the Murine Local (http://iccvam.niehs.nih.gov/methods/ scheduled to conclude at approximately Lymph Node Assay (LLNA). The LLNA immunotox/llnadocs/ 5 p.m. on each day. The meeting is open is an alternative test method that can be CPSC_LLNA_nom.pdf) requesting that to the public at no charge, with used to determine the allergic contact ICCVAM assess the validation status of attendance limited only by the space dermatitis potential of chemicals and (1) the LLNA limit dose procedure; (2) available. The Panel will consider the products. three modified LLNA test method revised draft BRDs for each of these The Panel will consider additional protocols that use non-radioactive probe modified versions and new applications data and information for the three non- chemicals; (3) the use of the LLNA to of the LLNA and evaluate the extent that radioactive modified versions and new test mixtures, aqueous solutions, and established validation and acceptance applications of the LLNA obtained by metals (applicability domain for the criteria are appropriately addressed for NICEATM subsequent to the original LLNA); and (4) the use of the LLNA to each test method and application (as Panel meeting in March 2008. Based on determine potency (potential for causing described in the ICCVAM document, this new information, the Panel will allergic contact dermatitis). NICEATM Validation and Regulatory Acceptance review the following: compiled draft BRDs that provided of Toxicological Test Methods: A Report • The validation status of three comprehensive reviews of the available of the ad hoc Interagency Coordinating modified LLNA test methods. data and relevant information, which Committee on the Validation of • The proposed applicability domain were used as the basis for draft ICCVAM Alternative Methods, NIH Publication of the LLNA. test method recommendations. These No. 97–3981, available at http:// The Panel will peer review revised documents were released to the Panel iccvam.niehs.nih.gov/docs/about_docs/ draft BRDs for each topic and evaluate and the public for review and comment validate.pdf). The Panel will then the extent that established validation in January 2008 (73FR1360). comment on the extent to which each of and acceptance criteria have been In March 2008, NICEATM and the revised draft ICCVAM test method appropriately addressed. The Panel also ICCVAM convened the public Panel recommendations is supported by the will be asked to comment on the extent meeting during which the Panel information provided in the to which draft ICCVAM test method concluded that more information and corresponding revised draft BRDs. The recommendations are supported by the data were required for the three Panel is expected first to review the data analyses provided in the BRDs. modified LLNA test methods before three modified LLNA test methods, and NICEATM invites public comments recommendations could be made then review the use of the LLNA for on the draft BRDs and draft ICCVAM regarding their use for regulatory safety testing pesticide formulations and other test recommendations. All documents testing. Similarly, the Panel concluded products. will be available on the NICEATM– that more data would be needed before Additional information about the ICCVAM Web site at http:// a recommendation on the usefulness Panel meeting, including a roster of the iccvam.niehs.nih.gov/methods/ and limitations on the current Panel members and the draft agenda, immunotox/llna_PeerPanel.htm by applicability domain of the traditional will be made available two weeks prior March 3, 2009. LLNA could be made. The Panel’s to the meeting on the NICEATM– DATES: The meeting is scheduled for conclusions are detailed in a report, ICCVAM Web site (http:// April 28–29, 2009 from 8:30 a.m. to 5 which was made available in May 2008 iccvam.niehs.nih.gov). This information p.m. each day. The deadline for (73FR29136), and includes will also be available after that date by
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contacting NICEATM (see FOR FURTHER FURTHER INFORMATION CONTACT above) by information about SACATM, including INFORMATION CONTACT above). April 14, 2009 and provide a written the charter, roster, and records of past copy of their comments. Each speaker is meetings, can be found at http:// Attendance and Registration asked to provide contact information ntp.niehs.nih.gov/; see ‘‘Advisory Board In order to facilitate planning for this (name, affiliation, mailing address, & Committees’’ (or directly at http:// meeting, persons wishing to attend are phone, fax, e-mail, and sponsoring ntp.niehs.nih.gov/go/167). asked to register by April 14, 2009, via organization, if applicable) when Dated: February 19, 2009. the NICEATM–ICCVAM Web site registering to make oral comments. Up (http://iccvam.niehs.nih.gov/contact/ to seven minutes will be allotted per John R. Bucher, reg_LLNAPanel.htm). Visitor parking is speaker. If this is not possible, please Associate Director, NTP. located in the multi-level parking garage bring 40 copies of your comments to the [FR Doc. E9–4280 Filed 2–26–09; 8:45 am] accessible via NIH Gateway Drive. All meeting for distribution and to BILLING CODE 4140–01–P visitors should proceed to the Gateway supplement the record. Written Center to receive a visitor badge. Note: statements can supplement and expand parking is limited and a government- the oral presentation. Please provide DEPARTMENT OF HEALTH AND issued ID is required for access (an area NICEATM with copies of any HUMAN SERVICES map, driving directions, and NIH supplementary written statement using contact information are available at the guidelines outlined above. National Institutes of Health http://www.nih.gov/about/visitor/ Summary minutes and the Panel’s index.htm). final report will be available following National Institute of Allergy and Infectious Diseases; Notice of Closed Availability of the Revised Documents the meeting on the NICEATM–ICCVAM Web site (http://iccvam.niehs.nih.gov). Meeting The revised draft BRDs and revised ICCVAM will consider the Panel’s draft ICCVAM test method conclusions and recommendations and Pursuant to section 10(d) of the recommendations will be available from any public comments received in Federal Advisory Committee Act, as the NICEATM–ICCVAM Web site finalizing their test method amended (5 U.S.C. Appendix 2), notice (http://iccvam.niehs.nih.gov/methods/ recommendations and performance is hereby given of the following immunotox/llna_PeerPanel.htm) by standards for these methods. meeting. March 3, 2009, or by contacting Background Information on ICCVAM, The meeting will be closed to the NICEATM (see FOR FURTHER public in accordance with the INFORMATION CONTACT above). NICEATM, and the Scientific Advisory Committee on Alternative Toxicological provisions set forth in sections Request for Public Comments Methods (SACATM) 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and NICEATM invites the submission of ICCVAM is an interagency committee the discussions could disclose written comments on the revised draft composed of representatives from 15 confidential trade secrets or commercial BRDs and revised draft ICCVAM test Federal regulatory and research agencies property such as patentable material, method recommendations and prefers that use, generate, or disseminate and personal information concerning that comments be submitted by April toxicological information. ICCVAM individuals associated with the grant 14, 2009, electronically via the conducts technical evaluations of new, applications, the disclosure of which NICEATM–ICCVAM Web site http:// revised, and alternative methods with would constitute a clearly unwarranted iccvam.niehs.nih.gov/contact/ regulatory applicability and promotes invasion of personal privacy. FR_pubcomment.htm or via e-mail at the scientific validation and regulatory [email protected]. Written acceptance of toxicological test methods Name of Committee: National Institute of comments may also be sent by mail, fax, that more accurately assess the safety Allergy and Infectious Diseases Special or e-mail to Dr. William Stokes, Director and hazards of chemicals and products Emphasis Panel; Unsolicited Multi-Project of NICEATM, at the address listed above and that refine, reduce, and replace (P01) Grant Applications. (see FOR FURTHER INFORMATION CONTACT). animal use. The ICCVAM Authorization Date: March 20, 2009. When submitting written comments, Act of 2000 (42 U.S.C. 285l–3) Time: 11 a.m. to 2 p.m. please refer to this Federal Register established ICCVAM as a permanent Agenda: To review and evaluate grant notice and include appropriate contact interagency committee of the NIEHS applications. Place: National Institutes of Health, 6700– information (name, affiliation, mailing under NICEATM. NICEATM B Rockledge Drive, Bethesda, MD 20892, address, phone, fax, e-mail, and administers ICCVAM and provides (Telephone Conference Call). sponsoring organization, if applicable). scientific and operational support for Contact Person: Roberta Binder, PhD, All comments received will be placed ICCVAM-related activities. NICEATM Scientific Review Officer, Division of on the NICEATM–ICCVAM Web site and ICCVAM work collaboratively to Extramural Activities, NIAID, 6700B (http://iccvam.niehs.nih.gov), and evaluate new and improved test Rockledge Drive, Rm 2155, Bethesda, MD identified by the individual’s name and methods applicable to the needs of U.S. 20892, 301–496–7966, [email protected]. affiliation or sponsoring organization (if Federal agencies. Additional (Catalogue of Federal Domestic Assistance applicable). Comments will also be information about ICCVAM and Program Nos. 93.855, Allergy, Immunology, provided to the Panel and ICCVAM NICEATM can be found on their Web and Transplantation Research; 93.856, agency representatives, and made site (http://iccvam.niehs.nih.gov). Microbiology and Infectious Diseases available at the meeting. SACATM was established January 9, Research, National Institutes of Health, HHS) Time will be provided for the 2002, and is composed of scientists from presentation of oral comments by the the public and private sectors (67 FR Dated: February 20, 2009. public at designated times during the 11358). SACATM provides advice to the Jennifer Spaeth, peer review. Members of the public who Director of the NIEHS, to ICCVAM, and Director, Office of Federal Advisory wish to present oral statements at the to NICEATM regarding the statutorily- Committee Policy. meeting (one speaker per organization) mandated duties of ICCVAM and [FR Doc. E9–4191 Filed 2–26–09; 8:45 am] should contact NICEATM (see FOR activities of NICEATM. Additional BILLING CODE 4140–01–P
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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Agenda: Review of the Laboratory of HUMAN SERVICES HUMAN SERVICES Pharmacology and an overview of the Cellular & Molecular Pathology Branch. National Institutes of Health National Institutes of Health Place: Nat. Inst. of Environmental Health Sciences, South Campus, Conference Rooms National Institute of Environmental 101 A, B, and C, Research Triangle Park, NC National Heart, Lung, and Blood 27709. Institute; Notice of Closed Meeting Health Sciences; Notice of Meeting Closed: March 23, 2009, 6:20 p.m. to 6:45 Pursuant to section 10(d) of the p.m. Pursuant to section 10(d) of the Agenda: To review and evaluate Federal Advisory Committee Act, as Federal Advisory Committee Act, as programmatic and personnel issues. amended (5 U.S.C. Appendix 2), notice amended (5 U.S.C. Appendix 2), notice Place: Nat. Inst. of Environmental Health is hereby given of the following is hereby given of a meeting of the Sciences, South Campus, Executive meeting. Board of Scientific Counselors, NIEHS. Conference Room, Research Triangle Park, The meeting will be open to the NC 27709. The meeting will be closed to the Closed: March 23, 2009, 8:30 p.m. to public in accordance with the public as indicated below, with attendance limited to space available. Adjournment. provisions set forth in sections Agenda: To review and evaluate Individuals who plan to attend and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., programmatic and personnel issues. need special assistance, such as sign as amended. The grant applications and Place: Doubletree Guest Suites, 2515 language interpretation or other the discussions could disclose Meridian Parkway, Research Triangle Park, reasonable accommodations, should NC 27713. confidential trade secrets or commercial notify the Contact Person listed below Closed: March 24, 2009, 8:30 a.m. to 9:30 property such as patentable material, in advance of the meeting. a.m. and personal information concerning The meeting will be closed to the Agenda: To review and evaluate individuals associated with the grant programmatic and personnel issues. public as indicated below in accordance applications, the disclosure of which Place: Nat. Inst. of Environmental Health with the provisions set forth in section would constitute a clearly unwarranted Sciences, South Campus, Executive 552b(c)(6), Title 5 U.S.C., as amended invasion of personal privacy. Conference Room, Research Triangle Park, for the review, discussion, and NC 27709. Name of Committee: Heart, Lung, and evaluation of individual other Open: March 24, 2009, 9:30 a.m. to 11:45 Blood Initial Review Group, Heart, Lung, and conducted by the National Institute of a.m. Blood Program Project Review Committee. Environmental Health Sciences, Agenda: Review of research of Tenure Date: March 19–20, 2009. including consideration of personnel Track Investigators. Time: March 19, 2009, 6 p.m. to 8 p.m. qualifications and performance, and the Place: Nat. Inst. of Environmental Health Agenda: To review and evaluate grant competence of individual investigators, Sciences, South Campus, Conference Rooms applications. 101 A, B, and C, Research Triangle Park, NC the disclosure of which would 27709. Place: Hyatt Regency Bethesda, One constitute a clearly unwarranted Bethesda Metro Center, 7400 Wisconsin Closed:March 24, 2009, 11:45 a.m. to 12:35 invasion of personal privacy. p.m. Avenue, Bethesda, MD 20814. Name of Committee: Board of Scientific Agenda: To review and evaluate Time: March 20, 2009, 8:30 a.m. to 2 p.m. Counselors, NIEHS. programmatic and personnel issues. Agenda: To review and evaluate grant Date: March 22–24, 2009. Place: Nat. Inst. of Environmental Health applications. Closed: March 22, 2009, 7 p.m. to 10 p.m. Sciences, South Campus, Executive Place: Hyatt Regency Bethesda, One Agenda: To review and evaluate Conference Room, Research Triangle Park, Bethesda Metro Center, 7400 Wisconsin programmatic and personnel issues. NC 27709. Avenue, Bethesda, MD 20814. Place: Doubletree Guest Suites, 2515 Closed: March 24, 2009, 1:05 p.m. to Contact Person: Jeffrey H Hurst, PHD, Meridian Parkway, Research Triangle Park, Adjournment. Scientific Review Officer, Review Branch/ NC 27713. Agenda: To review and evaluate DERA, National Heart, Lung, and Blood Closed: March 23, 2009, 8 a.m. to 9 a.m. programmatic and personnel issues. Place: Nat. Inst. of Environmental Health Institute, 6701 Rockledge Drive, Room 7208, Agenda: To review and evaluate programmatic and personnel issues. Sciences, South Campus, Conference Room Bethesda, MD 20892–7924, 301–435–0303, 101 A, B, and C, Research Triangle Park, NC [email protected]. Place: Nat. Inst. of Environmental Health Sciences, 111 T. W. Alexander Drive, 27709. (Catalogue of Federal Domestic Assistance Executive Conference Room, Research Contact Person: Perry J Blackshear, PhD, Program Nos. 93.233, National Center for Triangle Park, NC 27709. MD., Acting Scientific Director, Division of Sleep Disorders Research; 93.837, Heart and Intramural Research, National Inst. of Open: March 23, 2009, 9 a.m. to 12:15 p.m. Environmental Health Sciences, National Vascular Diseases Research; 93.838, Lung Agenda: An overview of the organization Diseases Research; 93.839, Blood Diseases Institutes of Health, PO Box 12233, Research and research in the Laboratory of Triangle Park, NC 27709, (919) 541–4899, and Resources Research, National Institutes Pharmacology. [email protected]. of Health, HHS) Place: Nat. Inst. of Environmental Health Any interested person may file written Sciences, South Campus, Conference Rooms Dated: February 23, 2009. comments with the committee by forwarding 101 A, B, and C, Research Triangle Park, NC the statement to the Contact Person listed on Jennifer Spaeth, 27709. this notice. The statement should include the Director, Office of Federal Advisory Closed: March 23, 2009, 12:15 p.m. to name, address, telephone number and when Committee Policy. 12:45 p.m. applicable, the business or professional [FR Doc. E9–4266 Filed 2–26–09; 8:45 am] Agenda: To review and evaluate affiliation of the interested person. programmatic and personnel issues. BILLING CODE 4140–01–P (Catalogue of Federal Domestic Assistance Place: Nat. Inst. of Environmental Health Program Nos. 93.115, Biometry and Risk Sciences, South Campus, Executive Estimation—Health Risks from Conference Room, Research Triangle Park, Environmental Exposures; 93.142, NIEHS NC 27709. Hazardous Waste Worker Health and Safety Open: March 23, 2009, 1:15 p.m. to 6:20 Training; 93.143, NIEHS Superfund p.m. Hazardous Substances—Basic Research and
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Education; 93.894, Resources and Manpower Contact Person: Serena P. Chu, PhD, Special Emphasis Panel; NASH Applications Development in the Environmental Health Scientific Review Officer, Division of Review. Sciences; 93.113, Biological Response to Extramural Activities, National Institute of Date: March 24, 2009. Environmental Health Hazards; 93.114, Mental Health, NIH, Neuroscience Center, Time: 1 p.m. to 4 p.m. Applied Toxicological Research and Testing, 6001 Executive Blvd., Room 6154, MSC 9609, Agenda: To review and evaluate grant National Institutes of Health, HHS) Rockville, MD 20892–9609, 301–443–0004. applications. [email protected]. Dated: February 20, 2009. Place: National Institutes of Health, Two Jennifer Spaeth, (Catalogue of Federal Domestic Assistance Democracy Plaza, 6707 Democracy Program Nos. 93.242, Mental Health Research Director, Office of Federal Advisory Boulevard, Bethesda, MD 20892, (Telephone Grants; 93.281, Scientist Development Committee Policy. Award, Scientist Development Award for Conference Call). [FR Doc. E9–4193 Filed 2–26–09; 8:45 am] Clinicians, and Research Scientist Award; Contact Person: Lakshmanan Sankaran, BILLING CODE 4140–01–P 93.282, Mental Health National Research PhD, Scientific Review Officer, Review Service Awards for Research Training, Branch, DEA, Niddk, National Institutes of National Institutes of Health, HHS) Health, Room 755, 6707 Democracy DEPARTMENT OF HEALTH AND Dated: February 20, 2009. Boulevard, Bethesda, MD 20892–5452, (301) HUMAN SERVICES 594–7799, [email protected]. Jennifer Spaeth, Name of Committee: National Institute of National Institutes of Health Director, Office of Federal Advisory Committee Policy. Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; Announcement of a National Institute of Mental Health; [FR Doc. E9–4196 Filed 2–26–09; 8:45 am] Notice of Closed Meetings Limited Competition for the Continuation of BILLING CODE 4140–01–P the Longitudinal Assessment of Bariatric Pursuant to section 10(d) of the Surgery (LABS) (U01). Federal Advisory Committee Act, as DEPARTMENT OF HEALTH AND Date: April 6, 2009. amended (5 U.S.C. Appendix 2), notice HUMAN SERVICES Time: 1 p.m. to 3:30 p.m. is hereby given of the following Agenda: To review and evaluate grant meetings. National Institutes of Health applications. The meetings will be closed to the Place: National Institutes of Health, Two public in accordance with the National Institute of Diabetes and Democracy Plaza, 6707 Democracy provisions set forth in sections Digestive and Kidney Diseases; Notice Boulevard, Bethesda, MD 20892, (Telephone 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., of Closed Meetings Conference Call). as amended. The grant applications and Contact Person: Paul A. Rushing, PhD, the discussions could disclose Pursuant to section 10(d) of the Scientific Review Officer, Review Branch, confidential trade secrets or commercial Federal Advisory Committee Act, as DEA, Niddk, National Institutes of Health, property such as patentable material, amended (5 U.S.C. Appendix 2), notice Room 747, 6707 Democracy Boulevard, and personal information concerning is hereby given of the following Bethesda, MD 20892–5452, (301) 594–8895, individuals associated with the grant meetings. [email protected]. applications, the disclosure of which The meetings will be closed to the Name of Committee: National Institute of would constitute a clearly unwarranted public in accordance with the Diabetes and Digestive and Kidney Diseases invasion of personal privacy. provisions set forth in sections Special Emphasis Panel; LRP Reviews. Name of Committee: National Institute of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: April 13, 2009. Mental Health Special Emphasis Panel; as amended. The grant applications and Time: 2 p.m. to 4 p.m. Culturally Adapted Treatment. the discussions could disclose Agenda: To review and evaluate grant Date: March 5, 2009. confidential trade secrets or commercial applications. Time: 4 p.m. to 5:30 p.m. property such as patentable material, Place: National Institutes of Health, Two Agenda: To review and evaluate grant Democracy Plaza, 6707 Democracy applications. and personal information concerning individuals associated with the grant Boulevard, Bethesda, MD 20892, (Telephone Place: National Institutes of Health, Conference Call). Neuroscience Center, 6001 Executive applications, the disclosure of which Boulevard, Rockville, MD 20852, (Telephone would constitute a clearly unwarranted Contact Person: D. G. Patel, PhD, Scientific Conference Call). invasion of personal privacy. Review Officer, Review Branch, DEA, Niddk, Contact Person: David I. Sommers, PhD, National Institutes of Health Room 756, 6707 Scientific Review Officer, Division of Name of Committee: National Institute of Democracy Boulevard, Bethesda, MD 20892– Extramural Activities, National Institute of Diabetes and Digestive and Kidney Diseases 5452, (301) 594–7682, Special Emphasis Panel; Acute Kidney Injury Mental Health, National Institutes of Health, [email protected]. 6001 Executive Blvd., Room 6154, MSC 9606, Ancillary Studies. (Catalogue of Federal Domestic Assistance Bethesda, MD 20892–9606, 301–443–7861, Date: March 20, 2009. [email protected]. Time: 3:30 p.m. to 4:30 p.m. Program Nos. 93.847, Diabetes, This notice is being published less than 15 Agenda: To review and evaluate grant Endocrinology and Metabolic Research; days prior to the meeting due to the timing applications. 93.848, Digestive Diseases and Nutrition limitations imposed by the review and Place: National Institutes of Health, Two Research; 93.849, Kidney Diseases, Urology funding cycle. Democracy Plaza, 6707 Democracy and Hematology Research, National Institutes Name of Committee: National Institute of Boulevard, Bethesda, MD 20892, (Telephone of Health, HHS) Mental Health Special Emphasis Panel; Conference Call). Dated: February 23, 2009. ITMA Conflict. Contact Person: Carol J. Goter-Robinson, Date: March 19, 2009. PhD, Scientific Review Officer, Review Jennifer Spaeth, Branch, DEA, Niddk, National Institutes of Time: 12 p.m. to 3 p.m. Director, Office of Federal Advisory Health, Room 748, 6707 Democracy Agenda: To review and evaluate grant Committee Policy. applications. Boulevard, Bethesda, MD 20892–5452, (301) [FR Doc. E9–4272 Filed 2–26–09; 8:45 am] Place: National Institutes of Health, 594–7791, goterrobinsonc@extra. Neuroscience Center, 6001 Executive niddk.nih.gov. BILLING CODE 4140–01–P Boulevard, Rockville, MD 20852, (Telephone Name of Committee: National Institute of Conference Call). Diabetes and Digestive and Kidney Diseases
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DEPARTMENT OF HEALTH AND 276–2321; E-mail: Collection of Information HUMAN SERVICES [email protected]. Title: Emergency Management Substance Abuse and Mental Health Toian Vaughn, Institute Residential Course Evaluation Services Administration SAMHSA Committee Management Officer. Form. [FR Doc. E9–4160 Filed 2–26–09; 8:45 am] Type of Information Collection: Fiscal Year (FY) 2009 Funding BILLING CODE 4162–20–P Revision of a currently approved Opportunity collection. AGENCY: Substance Abuse and Mental DEPARTMENT OF HOMELAND OMB Number: 1660–0034. Health Services Administration, HHS. SECURITY Form Titles and Numbers: FEMA ACTION: Notice of intent to award a Form 95–41, Emergency Management Single Source Grant to the Tarzana Federal Emergency Management Institute Residential Course Evaluation Treatment Center, Reseda, CA. Agency Form. SUMMARY: This notice is to inform the [Docket ID: FEMA–2009–0001] Abstract: Students attending the public that the Substance Abuse and Emergency Management Institute Agency Information Collection Mental Health Services Administration resident program courses at the Federal Activities: Submission for OMB (SAMHSA) intends to award Emergency Management Agency’s Review; Comment Request approximately $509,000 (total costs) per National Emergency Training Center year for up to two years to the Tarzana AGENCY: Federal Emergency will be asked to complete a course Treatment Center, Reseda, CA. This is Management Agency, DHS. evaluation form upon completion of not a formal request for applications. ACTION: Notice; 30-day notice and each course they attend. The Assistance will be provided only to the request for comments; Revision of a information will be used by EMI staff Tarzana Treatment Center based on the currently approved collection, OMB No. and management to identify problems receipt of a satisfactory application that 1660–0034, FEMA Form 95–41, with course materials, and will evaluate is approved by an independent review Emergency Management Institute the quality of the course delivery, group. Residential Course Evaluation Form. facilities, and instructors. Funding Opportunity Title: SM–09– 015. SUMMARY: The Federal Emergency Affected Public: ‘‘State, Local, or Catalog of Federal Domestic Management Agency (FEMA) has Tribal Government’’ and ‘‘Individuals or Assistance (CFDA) Number: 93.243. submitted the information collection households.’’ Authority: Sections 520A of the Public abstracted below to the Office of Estimated Number of Respondents: Health Service Act, as amended. Management and Budget for review and 11,778. clearance in accordance with the Frequency of Response: On occasion. Justification: Only the Tarzana requirements of the Paperwork Treatment Center, Reseda, CA is eligible Reduction Act of 1995. The submission Estimated Average Hour Burden per to apply. The Substance Abuse and describes the nature of the information Respondent: .167 burden hours. Mental Health Services Administration collection, the categories of Estimated Total Annual Burden (SAMHSA) is seeking to award a single respondents, the estimated burden (i.e., source grant to the Tarzana Treatment Hours: 1,967 burden hours. The the time, effort and resources used by estimated total annual burden hours Center. Competition is limited to the respondents to respond) and cost, and Tarzana Treatment Center because it is previously reported in the 60-day includes the actual data collection Federal Register Notice (See 73 FR presently funded through the Mental instruments FEMA will use. Health HIV Services Collaborative 72498, Nov. 28, 2008) has been DATES: Comments must be submitted on program. Several factors support the increased. or before March 30, 2009. justification of a single source award to Estimated Cost: The estimated total ADDRESSES: Submit written comments the intended applicant in order to annual respondent cost based on wage on the proposed information collection maintain the integrity and consistency rate categories is $46,448.52. The to the Office of Information and of the services of this grant activity. The estimated total annual respondent cost Regulatory Affairs, Office of grant award was for three years instead based on wage rate categories previously of five years because of an error in the Management and Budget. Comments should be addressed to the Desk Officer reported in the 60-day Federal Register application process. The current grant Notice (See 73 FR 72498, Nov. 28, 2008) ends September 30, 2009. The Tarzana for the Department of Homeland Security, Federal Emergency has been increased. The estimated Treatment Center is in year-three of a annual cost to the Federal Government process of providing treatment for over Management Agency, and sent via is $1,202,663.52. 100 individuals with HIV and co- electronic mail to occurring mental health disorders at [email protected] or faxed Larry Gray, to (202) 395–6974. various stages of recovery. The Director, Office of Records Management, program’s cross-site evaluation is FOR FURTHER INFORMATION CONTACT: Office of Management, Federal Emergency planned as a five-year effort that Requests for additional information or Management Agency, Department of includes all grantees and combines with copies of the information collection Homeland Security. SAMHSA’s National Outcome Measures should be made to Director, Records [FR Doc. E9–4214 Filed 2–26–09; 8:45 am] Management Division, 1800 South Bell (NOMS) for site and program analysis. BILLING CODE 9111–72–P FOR FURTHER INFORMATION CONTACT: Street, Arlington, VA 20598–3005, Shelly Hara, Substance Abuse and facsimile number (202) 646–3347, or e- Mental Health Services Administration, mail address FEMA-Information- 1 Choke Cherry Road, Room 8–1081, [email protected]. Rockville, MD 20857; telephone: (240) SUPPLEMENTARY INFORMATION:
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DEPARTMENT OF HOMELAND Form Titles and Numbers: FEMA ACTION: Notice of a Computer Matching SECURITY Form 516–1, Federal Hotel and Motel Program Between HUD and the DOJ. Fire Safety Declaration Form. Federal Emergency Management Abstract: FEMA will be collecting SUMMARY: Pursuant to the Privacy Act of Agency information from hotels and motels 1974 (5 U.S.C. 552a), as amended by the regarding the existence of smoke Computer Matching and Privacy [Docket ID: FEMA–2009–0001] detectors and sprinkler systems in their Protection Act of 1988, as amended buildings. FEMA is required to maintain (Pub. L. 100–503), and the Office of Agency Information Collection a list of establishments that provide Management and Budget (OMB) Activities: Submission for OMB transient lodging with certification in Guidelines on the Conduct of Matching Review; Comment Request place that they meet the requirements of Programs (54 FR 25818 (June 19, 1989)); the Hotel and Motel Fire Safety Act of and OMB Bulletin 89–22, ‘‘Instructions AGENCY: Federal Emergency on Reporting Computer Matching Management Agency, DHS. 1990. This information is used to provide interested parties with a list of Programs to the Office of Management ACTION: Notice; 30-day notice and compliant hotels and motels, and it and Budget (OMB), Congress and the request for comments; Revision of a certifies that the business can be Public,’’ HUD proposes to issue public currently approved collection; OMB No. utilized by Federal government notice of its intent to conduct a new 1660–0068; FEMA Form 516–1, Federal employees for work-related lodging. computer matching program using data Hotel and Motel Fire Safety Declaration Affected Public: Business or other from DOJ’s systems of records. The Form. For-Profit, State, local or Tribal matching program will involve the utilization of a computer information SUMMARY: The Federal Emergency Government. Estimated Number of Respondents: system of HUD, the Credit Alert Management Agency (FEMA) has Interactive Verification Reporting submitted the information collection 2,027. The number of respondents has been increased since publication of the System (CAIVRS), which will include abstracted below to the Office of DOJ’s debtor files. The CAIVRS database Management and Budget for review and 60-day Federal Register Notice (see 73 FR 72496, November 28, 2008). includes delinquent debt information clearance in accordance with the from the Departments of Agriculture, requirements of the Paperwork Frequency of Response: Once. Estimated Average Hour Burden per Education, Veterans Affairs and the Reduction Act of 1995. The submission Small Business Administration. Also, describes the nature of the information Respondent: .24 minutes (.39 hours). Estimated Total Annual Burden judgment lien data is included from the collection, the categories of Department of Justice. respondents, the estimated burden (i.e., Hours: 797 hours. The number of FOR FURTHER INFORMATION CONTACT: the time, effort and resources used by Annual Burden Hours has been The respondents to respond) and cost, and increased since publication of the 60- Recipient Agency, Donna Robinson- includes the actual data collection day Federal Register Notice (see 73 FR Staton, Departmental Privacy Act instruments FEMA will use. 72496, November 28, 2008). Officer, Department of Housing and Estimated Cost: The estimated Urban Development, 451 Seventh Street, DATES: Comments must be submitted on annualized cost to respondents based on SW., Room 2256, Washington, DC or before March 30, 2009. wage rate categories is $19,706.48. The 20410, telephone number (202) 402– ADDRESSES: Submit written comments estimated annualized costs to 8073 or the Source Agency, Diane E. on the proposed information collection respondents based on wage rate Watson, Debt Collection Management, to the Office of Information and categories has been increased since Nationwide Central Intake Facility Regulatory Affairs, Office of publication of the 60-day Federal (NCIF), Department of Justice, 1620 L Management and Budget. Comments Register Notice (see 73 FR 72496, Street, NW., Washington, DC 20036, should be addressed to the Desk Officer November 28, 2008). The estimated telephone number (301) 427–0077. for the Department of Homeland annual cost to the Federal Government (These are not toll-free numbers.) A Security, Federal Emergency is $57,000. telecommunication device for hearing- Management Agency, and sent via and speech-impaired individuals TTY is electronic mail to Larry Gray, available at 1–800–877–8339 (Federal [email protected] or faxed Director, Records Management Division, Information Relay Service). to (202) 395–6974. Office of Management, Federal Emergency Management Agency, Department of DATES: Effective Date: The effective date FOR FURTHER INFORMATION CONTACT: Homeland Security. of the matching program shall begin Requests for additional information or [FR Doc. E9–4215 Filed 2–26–09; 8:45 am] March 30, 2009 or at least 40 days from copies of the information collection the date copies of the signed (by both BILLING CODE 9110–17–P should be made to Director, Records agencies’ Data Integrity Boards (DIBs)) Management Division, 500 C Street, computer matching agreement are sent SW., Washington, DC 20472, facsimile to the Office of Management and Budget number (202) 646–3347, or e-mail DEPARTMENT OF HOUSING AND (OMB) and both Houses of Congress, address FEMA-Information- URBAN DEVELOPMENT whichever is later, providing no [email protected]. comments are received which would [Docket No. FR–5291–N–01] SUPPLEMENTARY INFORMATION: result in a contrary determination. Comments Due Date: March 30, 2009. Collection of Information Privacy Act of 1974; Notice of a Computer Matching Program Between SUPPLEMENTARY INFORMATION: This Title: Federal Hotel and Motel Fire the U.S. Department of Housing and notice supersedes notice published in Safety Declaration Form. Urban Development (HUD) and the the Federal Register on April 5, 2006 at Type of Information Collection: Department of Justice (DOJ) 71 FR 17129. This match will allow Revision of a currently approved prescreening of applicants for debts collection. AGENCY: Office of the Chief Information owed or loans guaranteed by the federal OMB Number: 1660–0068. Officer, HUD. government to ascertain if the applicant
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is delinquent in paying a debt owed to their authorized financial institutions and HUD/HS–57, Single Family or insured by the federal government. access to a system which allows them to Mortgage Notes. The debtor files for Before granting a loan, a lending agency prescreen applicants for loans or loans programs involved are included in these and/or an authorized lending institution guaranteed by the Federal government systems of records. HUD’s debtor files will be able to interrogate the CAIVRS to ascertain if the applicant is contain information on borrowers and debtor file, which contains the Social delinquent in paying a debt owed to or co-borrowers who are currently in Security Numbers (SSNs) of HUD’s insured by the Government. By default (at least 90 days delinquent on delinquent debtors and defaulter files of identifying those individuals or their loans or who have had their partial the DOJ and verify that the loan corporations against whom the DOJ has claim subordinate mortgage called due applicant is not in default on a federal filed a judgment, the federal government and payable and it has not been repaid judgment or delinquent on direct or can expand the prescreening search of in full); or who have any outstanding guaranteed loans of participating federal their loan applicants to further avoid claims paid during the last three years programs. As a result of the information lending to applicants who are credit on a Title II insured or guaranteed home produced by this match, the authorized risks. As part of this process, HUD will mortgage loans; or individuals who had users may not deny, terminate, or make be provided access to DOJ’s debtor data a claim paid in the last three years on a final decision on any loan assistance for prescreening purposes. Each month a Title I loan. The DOJ will provide to an applicant or take other adverse HUD/CAIVRS receives limited HUD with debtor files maintained in action against such applicant, until an information on borrowers who have two DOJ systems of records. The first is officer or employee of such agency has defaulted on loans administered by entitled ‘‘Justice/JMD–006, Debt independently verified such participating federal agencies. This Collection Management System and the information. information includes: Social Security second is entitled ‘‘Justice/USA–015, Number (SSN) or Employer Debt Collection Enforcement System. Reporting of Matching Program Identification Number (EIN), case The DOJ debtor files contain In accordance with Public Law 100– number, Federal Agency identifying information on individuals or 503, the Computer Matching and code, and record type. Participating corporations against who have defaulted Privacy Protection Act of 1988, as agencies also provide HUD with a file on federal judgments. The DOJ will amended, and OMB Bulletin 89–22, containing authorized lenders/business retain ownership and responsibility for ‘‘Instructions on Reporting Computer partners. Participating Federal agency their system of records that they place Matching Programs to the Office of personnel or authorized lenders that with HUD. HUD serves only as a record Management and Budget (OMB), require access to CAIVRS, must enter a location and routine use recipient for Congress and the Public,’’ copies of this user authorization code followed by DOJ’s data. notice and report are being provided to either an SSN or EIN (for businesses and Notice Procedures: HUD will notify the Committee on Government Reform non-profits). Only the following individuals at the time of application of the House of Representatives, the information is returned/displayed to the (ensuring that routine use appears on Committee on Homeland Security and authorized users of CAIVRS: the application form) for guaranteed or Governmental Affairs of the Senate, and • Yes/No as to whether the holder of direct loans that their records will be the Office of Management and Budget. that SSN/EIN is in default on a Federal matched to determine whether they are loan; and delinquent or in default on a federal Authority: The matching program will be • debt. HUD and DOJ will also publish conducted under the authority of 28 U.S.C. If Yes, then CAIVRS provides to the 2301(e) (3611 of the Federal Debt Collection lender: notices concerning routine use Procedures Act of 1990, Pub. L. 101–647), • Loan case number; disclosures in the Federal Register to and Office of Management and Budget (OMB) • Record type (claim, default, inform individuals that a computer Circulars A–129 (Managing Federal Credit foreclosure, or judgment); match may be performed to determine a Programs) and A–70 (Policies and Guidelines • Agency administering the loan loan applicant’s credit status with the for Federal Credit Programs). One of the program; and federal government. purposes of all Executive departments and • Phone # at that agency (to call to Categories of Records/Individuals agencies—including HUD—is to implement clear up the default) Involved: The debtor records include efficient management practices for federal • Confirmation Code associated with data elements from HUD’s systems of credit programs. OMB Circular A–129 is the query records: SSN, claim number, program issued under the authority of the Budget and By law, processing of applications for code, and indication of indebtedness. Accounting Act of 1921, as amended; the Federal Credit benefits (such as Budget and Accounting Act of 1950, as Categories of records include: records of amended; the Debt Collection Act of 1982 government-insured loans) must be claims and defaults, repayment (Pub. L. 97–365; 5 U.S.C. 5514(a)), as suspended when applicants are agreements, credit reports, financial amended by the Debt Collection delinquent on Federal debt. Processing statements, and records of foreclosures, Improvement Act of 1996 (Pub. L. 104–134, may continue only when the debtor and financial judgment liens. Categories section 31001); Section 2653 of Public Law satisfactorily resolves the debt (e.g., of individuals include: former 98–369; 41 U.S.C. 253; the Federal Credit pays in full or renegotiates a new mortgagors and purchasers of HUD- Reform Act of 1990, as amended; the Federal payment plan). To remove a CAIVRS owned properties, and home Debt Collection Procedures Act of 1990; the sanction, the borrower must use the improvement loan debtors who are Chief Financial Officers Act of 1990, as information provided to contact the delinquent or in default (at least 90 days amended; Executive Order 8248; the Cash Management Improvement Act Amendments agency that reported their SSN or EIN to delinquent on their loans or who have of 1992; and pre-existing common law HUD/CAIVRS. had their partial claim subordinate authority to charge interest on debts and to Records to be Matched: HUD will use mortgage called due and payable and it offset payments to collect debts records from its systems of records has not been paid in full); or who have administratively. entitled, HUD/SFH–01, Single Family any outstanding claims paid during the Objectives to be Met By the Matching Default Monitoring System; HUD/SFH– last three years on a title II insured or Program: HUD’s primary objective in 02, Single Family Insurance System guaranteed home mortgage loans; or continuing the existing matching CLAIMS Subsystem; HUD/HS–55, Debt individuals who has a claim paid in the program is to give program agencies and Collection Asset Management System; last three years on a Title I loan, and
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individuals or corporations against FOR FURTHER INFORMATION CONTACT: spider (Neoleptoneta microps), Tooth whom judgments have been filed by Susan Jacobsen, Chief, Endangered Cave spider (Neoleptoneta myopica) DOJ. Species Division, P.O. Box 1306, and Texas trailing phlox (Phlox nivalis Period of Match: Matching will begin Albuquerque, New Mexico 87103, (505) texensis) within Texas. at least 40 days from the date copies of 248–6920. Permit TE–205731 the signed (by both agencies Data SUPPLEMENTARY INFORMATION: Integrity Boards) computer matching Applicant: Kevin Brix, Miami, agreements are sent to OMB and both Public Availability of Comments Florida. Houses of Congress or at least 30 days Before including your address, phone Applicant requests a new permit for from the date this notice is published in number, e-mail address, or other research and recovery purposes to the Federal Register, whichever is later, personal identifying information in your captively breed and conduct scientific providing no comments are received comment, you should be aware that research of desert pupfish (Cyprinodon which would result in a contrary your entire comment—including your macularius) at the University of Miami, determination. The matching program personal identifying information—may Florida. will be in effect and continue for 18 be made publicly available at any time. Permit TE–205904 While you can ask us in your comment months with an option to renew for 12 Applicant: Heritage Environmental additional months unless one of the to withhold your personal identifying information from public review, we Consultants, Denver, Colorado. parties to the agreement advises the Applicant requests a new permit for other in writing to terminate or modify cannot guarantee that we will be able to do so. research and recovery purposes to the agreement. conduct presence/absence surveys of Dated: February 6, 2009. Permit TE–157587 the following species: southwestern Lynn Allen, Applicant: Southwestern Ecological willow flycatcher (Empidonax taillii Acting Chief Information Officer. Research Company, Tucson, Arizona. extimus), Yuma clapper rail (Rallus [FR Doc. E9–4189 Filed 2–26–09; 8:45 am] Applicant requests an amendment to longirostris yumanensis), and black- footed ferret (Mustela nigripes) within BILLING CODE 4210–67–P a current permit for research and recovery purposes to conduct presence/ Colorado, Utah, Arizona, New Mexico, absence surveys of the following Nevada, California, Nebraska, and species: razorback sucker (Xyracuchen Kansas. DEPARTMENT OF THE INTERIOR texanus) within Texas. Permit TE–206016 Fish and Wildlife Service Permit TE–205717 Applicant: Andrew Middick, Applicant: Valerie Collins, San Edmond, Oklahoma. [FWS–R2–ES–2009–N0038; 20124–1113– Applicant requests a new permit for 0000-F5] Antonio, Texas. Applicant requests a new permit for research and recovery purposes to Endangered and Threatened Species research and recovery purposes to conduct presence/absence surveys of Permit Applications conduct presence/absence surveys of American burying beetles (Nicophorus the following species: ocelot (Leopardis americanus) within Oklahoma, AGENCY: Fish and Wildlife Service, (=Felis) pardalis), jaguarundi (Felis Nebraska, Arkansas, and Kansas. Interior. Yagouaroundi), Attwater’s greater Permit TE–800900 ACTION: Notice of receipt of applications. prairie-chicken (Tympanuchus cupido Applicant: Lower Colorado River attwateri), golden-cheeked warbler Authority, Austin, Texas. SUMMARY: The following applicants have (Dendroica chrysoparia) and black- applied for scientific research permits to Applicant requests an amendment to capped vireo (Vireo atricapillus), a current permit for research and conduct certain activities with northern aplomado falcon (Falco endangered species under the recovery purposes to conduct presence/ femoralis septentrionalis), brown absence surveys of northern aplomado Endangered Species Act of 1973, as pelican (Pelecanus occidentalis), amended (Act). falcon (Falco femoralis septentrionalis), interior least tern (Sterna antillarum), southwestern willow flycatcher DATES: To ensure consideration, written red-cockaded woodpecker (Picoides ( = (Empidonax taillii extimus), and interior comments must be received on or before Denrocopos) borealis), Houston toad least tern (Sterna antillarum) within March 30, 2009. (Bufo houstonensis), San Marcos Texas. ADDRESSES: Written comments should gambusia (Gambusia georgei), fountain be submitted to the Chief, Endangered darter (Etheostoma fonticola) Peck’s Authority: 16 U.S.C. 1531 et seq. Species Division, Ecological Services, Cave amphipod (Stygobromus peckii), Dated: February 19, 2009. P.O. Box 1306, Room 6034, Comal Spring dryopid beetle Thomas Bauer, Albuquerque, New Mexico 87103. (Stygoparnus comalensis), Coffin Cave Acting Regional Director, Southwest Region, Documents and other information mold beetle (Batrisodes texanus), Fish and Wildlife Service. submitted with these applications are Helotes mold beetle (Batrisodes [FR Doc. E9–4211 Filed 2–26–09; 8:45 am] available for review, subject to the venyivi), Comal Springs riffle beetle BILLING CODE 4310–55–P requirements of the Privacy Act and (Heterelmis comalensis), ground beetle Freedom of Information Act. Documents (Rhadine exilis), ground beetle (Rhadine will be available for public inspection, infernalis), Tooth Cave ground beetle DEPARTMENT OF THE INTERIOR by appointment only, during normal (Rhadine persephone), Robber Baron business hours at the U.S. Fish and Cave meshweaver (Cicurina baronia), Bureau of Indian Affairs Wildlife Service, 500 Gold Ave. SW., Madla Cave meshweaver (Cicurina Tribal Reassumption of Jurisdiction Room 6034, Albuquerque, New Mexico. venii), Braken Bat Cave mesheweaver Over Child Custody Proceedings Please refer to the respective permit (Cicurina venii), Government Canyon number for each application when Bat Cave meshweaver (Cicurina AGENCY: Bureau of Indian Affairs, submitting comments. vespera), Government Canyon Bat Cave Interior.
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ACTION: Notice of proposed renewal of unless it displays a currently valid OMB petitions for review and approval by the information collection. control number. Secretary of the Interior. It is our policy to make all comments Number of Respondents: 2. SUMMARY: In compliance with the available to the public for review at the Paperwork Reduction Act of 1995, this Estimated time per application: 8 location listed in the ADDRESSES section, hours. notice announces that the Bureau of room 4513 MIB, during the hours of 8 Frequency of Response: Annually. Indian Affairs is seeking to extend a.m. to 4:30 p.m., EST, Monday through clearance for an information collection Friday, except for legal holidays. Please Total Annual Burden Hours: 16 request. The information collection, note that all comments received will be hours. Tribal Reassumption of Jurisdiction over available for public review 2 weeks after Dated: February 19, 2009. Child Custody Proceedings, is cleared the comment period closes. Before Sanjeev ‘‘Sonny’’ Bhagowalia, under OMB Control Number 1076–0112. including your address, phone number, Chief Information Officer—Indian Affairs. Interested parties are invited to e-mail address or other personally [FR Doc. E9–4208 Filed 2–26–09; 8:45 am] comment on this collection. identifiable information, be advised that BILLING CODE 4310–4J–P DATES: Written comments must be your entire comment—including your submitted on or before April 28, 2009. personally identifiable information— ADDRESSES: Written comments may be may be made public at any time. While DEPARTMENT OF THE INTERIOR sent to Sue V. Settles, Chief, Division of you may request that we withhold your Human Services, Office of Indian personally identifiable information, we Bureau of Land Management Services, Bureau of Indian Affairs, cannot guarantee that we will be able to Department of the Interior, 1849 C do so. We will honor your request [LLOROR957000–L14200000-BJ000: Street, NW., MIB Mail Stop 4513, according to the requirements of the HAG09–0087] Washington, DC 20240, or fax to (202) law. All comments from organizations 208–2648, or e-mail to or representatives will be available for Filing of Plats of Survey: Oregon/ [email protected]. review. We may withhold comments Washington from review for other reasons. FOR FURTHER INFORMATION CONTACT: Sue AGENCY: U.S. Department of the Interior, V. Settles, Chief, Division of Human III. Data Bureau of Land Management. Services, at (202) 513–7621. OMB Control Number: 1076–0112. ACTION: Notice. SUPPLEMENTARY INFORMATION: Type of review: Extension. Title: 25 CFR 13, Tribal Reassumption I. Abstract SUMMARY: The plats of survey of the of Jurisdiction Over Child Custody following described lands were The Department has issued Proceedings. officially filed in the Bureau of Land Brief Description of Collection: The regulations prescribing procedures by Management Oregon/Washington State collection of information will ensure which an Indian tribe may reassume Office, Portland, Oregon, on August 19, that the provisions of Public Law 95– jurisdiction over Indian child 2008. proceedings when a state asserts any 608 are met. Any Indian tribe which jurisdiction. Tribes have the right to became subject to State jurisdiction Willamette Meridian pursue this alternative because this pursuant to the provisions of the Act of Oregon August 15, 1953 (67 Stat. 588), as action is authorized by the Indian Child T. 32 S., R. 11 W., accepted June 13, 2008. Welfare Act, Public Law 95–608, 92 amended by title IV of the Act of April Stat. 3069, 25 U.S.C. 1918. 11, 1968 (82 Stat. 73, 78), or pursuant The plats of survey of the following to any other Federal law, may reassume described lands were officially filed in II. Request for Comments jurisdiction over child custody the Bureau of Land Management The Bureau of Indian Affairs (BIA) proceedings. The collection of Oregon/Washington State Office, invites comments on: information provides data that will be Portland, Oregon, on October 30, 2008. (a) Whether the collection of used in considering the petition and Willamette Meridian information is necessary for the proper feasibility of the plan of the tribe for performance of the functions of the BIA, reassumption of jurisdiction over Indian Washington including whether the information will child custody proceedings such as the T. 23 N., R. 11 W., accepted September 22, have practical utility; full name, address, and telephone 2008. (b) The accuracy of the BIA’s estimate number of petitioning tribe or tribes; a T. 21 N., R. 12 W., accepted September 22, of the burden (including hours and cost) tribal resolution; estimated total number 2008. of the proposed collection of of members in the petitioning tribe or T. 34 N., R. 2 E., accepted September 30, 2008. information, including the validity of tribes with an explanation of how the T. 27 N., R. 2 E., accepted September 30, the methodology and assumptions used; number was estimated; current criteria 2008. (c) Ways to enhance the quality, for tribal membership; citation to utility, and clarity of the information to provision in tribal constitution Oregon be collected; and authorizing the tribal governing body to T. 32 S., R. 6 W., accepted September 30, (d) Ways to minimize the burden of exercise jurisdiction over Indian child 2008. the collection of information on those custody matter; description of tribal T. 37 S., R. 5 W., accepted September 30, who are to respond, including through court; copy of any tribal ordinances or 2008. the use of appropriate automated, T. 37 S., R. 4 W., accepted September 30, tribal court rules establishing 2008. electronic, mechanical, or other procedures or rules for exercise of collection techniques or other forms of jurisdiction over child custody matters; The plats of survey of the following information technology. and all other information required by 25 described lands were officially filed in An agency may not conduct or CFR 13.11. the Bureau of Land Management sponsor, and a person is not required to Respondents: Federally recognized Oregon/Washington State Office, respond to collection of information tribes who submit tribal reassumption Portland, Oregon, on November 7, 2008.
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Willamette Meridian SUMMARY: In accordance with the DEPARTMENT OF THE INTERIOR Oregon Federal Land Policy and Management Bureau of Land Management T. 25 S., R. 5 W., accepted October 16, 2008. Act of 1976 and the Federal Advisory T. 26 S., R. 3 W., accepted October 16, 2008. Committee Act of 1972, the U.S. [LLWO–3200000 L13100000.PP0000 L.X.EM T. 28 S., R. 8 W., accepted October 16, 2008. Department of the Interior, Bureau of OSHL000.241A] T. 30 S., R. 3 W., accepted October 16, 2008. Land Management (BLM), Arizona T. 29 S., R. 8 W., accepted October 24, 2008. Resource Advisory Council (RAC), will Potential for Oil Shale Development; T. 29 S., R. 9 W., accepted October 24, 2008. meet on March 26, 2009, at the BLM Withdrawal of the Call for The plats of survey of the following National Training Center located at 9828 Nominations—Oil Shale Research, described lands were officially filed in North 31st Avenue in Phoenix from 8 Development, and Demonstration (R, the Bureau of Land Management a.m. until 4:30 p.m. Morning agenda D, and D) Program and Request for Oregon/Washington State Office, items include: Review and approval of Public Comment Portland, Oregon, on January 8, 2009. the September 18, 2008, meeting AGENCY: Bureau of Land Management Willamette Meridian minutes for RAC and Recreation (BLM), Interior. Washington Resource Advisory Council (RRAC) ACTION: Notice. business; BLM State Director’s update T. 33 N., R. 36 E., accepted November 24, SUMMARY: On January 15, 2009, the BLM 2008. on statewide issues; Update on Solar Energy Rights-of-Way Applications; published in the Federal Register a Oregon Presentation on the Healthy Lands notice entitled ‘‘Potential for Oil Shale T. 3 S., R. 7 W., accepted November 6, 2008. Initiative Projects and Wild Horse and Development; Call for Nominations— T. 23 S., R. 4 W., accepted November 24, Burro Program in Arizona; RAC Oil Shale Research, Development, and 2008. questions on BLM Field Managers’ Demonstration (R, D, and D) Program’’ T. 20 S., R. 6 W., accepted November 24, (see 74 FR 2611). The new Rangeland Resource Team proposals; 2008. Administration intends to review and T. 25 S., R. 7 W., accepted November 24, and reports by RAC working groups. A 2008. reconsider certain aspects of the current public comment period will be provided solicitation, including lease acreage and T. 32 S., R. 10 W., accepted November 24, at 11:30 a.m. on March 26, 2009, for any 2008. the rules that would govern conversion T. 21 S., R. 4 W., accepted November 24, interested publics who wish to address of an R, D, and D lease to a commercial 2008. the Council on BLM programs and lease, particularly those related to Tps. 25 & 26 S.R. 4 W., accepted November business. royalty rates. To ensure a fair return to 24, 2008. Under the Federal Lands Recreation the public for potential commercial ADDRESSES: A copy of the plats may be Enhancement Act, the RAC has been development of these Federal resources, obtained from the Land Office at the designated as the RRAC, and has the the Administration has determined that Oregon/Washington State Office, Bureau authority to review all BLM and Forest further information is needed. of Land Management, 333 S.W. 1st Service (FS) recreation fee proposals in Accordingly, the BLM is seeking public Avenue, Portland, Oregon 97204, upon Arizona. The afternoon meeting agenda comment on the terms and conditions of required payment. A person or party on March 26, will include a any future oil shale R, D, and D leases who wishes to protest against a survey presentation on the Federal Lands that it may issue. The BLM therefore must file a notice that they wish to Recreation Enhancement Act withdraws the January 15, 2009, protest (at the above address) with the requirements, a review and discussion solicitation of the nomination of parcels Oregon/Washington State Director, of the Recreation Enhancement Act to be leased for R, D, and D of oil shale recovery technologies in Colorado, Bureau of Land Management, Portland, (REA) Working Group Report, future Utah, and Wyoming. Oregon. BLM/FS recreation fee proposals and DATES: FOR FURTHER INFORMATION CONTACT: REA Working Group meeting schedule. The withdrawal is effective Chief, Branch of Geographic Sciences, February 27, 2009. Please submit Bureau of Land Management, 333 SW. DATES: Effective Date: March 26, 2009. comments on the terms and conditions of any future oil shale R, D, and D leases 1st Avenue, Portland, Oregon 97204. FOR FURTHER INFORMATION CONTACT: no later than May 28, 2009 to assure that Dated: February 13, 2009. Deborah Stevens, Bureau of Land they are considered. Cathie Jensen, Management, Arizona State Office, One ADDRESSES: Please hand-deliver written Chief, Lands Section. North Central Avenue, Suite 800, comments to Nick Douglas, Suite 807, Phoenix, Arizona 85004–4427, 602– [FR Doc. E9–4192 Filed 2–26–09; 8:45 am] 1620 L Street, NW., Washington, DC. 417–9504. BILLING CODE 4310–33–P You may send comments via overnight Helen Hankins, delivery to this same address. Mail DEPARTMENT OF THE INTERIOR Acting Arizona State Director. U.S.P.S. written comments to BLM [FR Doc. E9–4212 Filed 2–26–09; 8:45 am] (Attn: Nick Douglas), Minerals and Bureau of Land Management Realty Management, Mail Stop: LS 807, BILLING CODE 4310–32–P 1849 C Street, NW., Washington, DC [LLAZ9120000 L12200000 AL0000 20240. You may also send comments 6100.241A0] electronically to Nick Douglas at _ State of Arizona Resource Advisory Nick [email protected]. Council Meeting FOR FURTHER INFORMATION CONTACT: Nick Douglas, BLM, Washington Office, 202– AGENCY: Bureau of Land Management, 557–3377. Interior. SUPPLEMENTARY INFORMATION: The BLM ACTION: Notice of Arizona Resource is seeking comment from industry, state Advisory Council Meeting. and local governments, and citizens on
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the terms and conditions of a second DATE: Send all nominations to the —Letters of reference from round of oil shale R, D, and D leasing. appropriate BLM state office no later represented interests or organizations; The BLM has determined that more than April 13, 2009. —A completed background information is necessary prior to ADDRESSES: SEE SUPPLEMENTARY information nomination form; and offering additional Federal lands for R, INFORMATION for the locations to send —Any other information that speaks D and D leasing. This withdrawal is not your nominations. to the nominee’s qualifications. intended to halt the oil shale R, D and FOR FURTHER INFORMATION CONTACT: Ken Simultaneous with this notice, BLM D program, which is ongoing with six R, Greenberger, U.S. Department of the state offices will issue press releases D and D leases in Colorado and Utah. Interior, Bureau of Land Management, providing additional information for Please specifically comment on the Legislative Affairs and Correspondence submitting nominations, with specifics terms and conditions of any future R, D, Division, 1849 C Street, NW., MS–401 about the number and categories of and D leases that the BLM may issue, LS, Washington, DC 20240; 202–452– member positions available for each including, but not limited to, comments 5066. RAC in the state. Nominations for RACs on lease size, lease duration, royalty rate should be sent to the appropriate BLM SUPPLEMENTARY INFORMATION: The after conversion to a commercial lease, offices listed below: Federal Land Policy and Management environmental and economic diligence, Act (FLPMA) (43 U.S.C. 1730) directs Alaska and whether there is a need for the Secretary of the Interior to involve additional preference right lease Alaska RAC the public in planning and issues acreage. As a result of public comments related to management of lands Sharon Wilson, Alaska State Office, received, the BLM may revise the lease administered by the BLM. Section 309 BLM, 222 West 7th Avenue, #13, form originally referenced in the of FLPMA directs the Secretary to Anchorage, Alaska 99513, (907) 271– Federal Register notice published on establish 10- to 15-member citizen- 4418; January 15, 2009 [74 FR 2611]. based advisory councils that are Alternate: Pam Eldridge, (907) 271– Before including your address, phone consistent with the requirements of the 5555. number, e-mail address, or other Federal Advisory Committee Act Arizona personal identifying information in your (FACA). As required by FACA, RAC comment, you should be aware that membership must be balanced and Arizona RAC your entire comment—including your representative of the various interests personal identifying information—may Deborah Stevens, Arizona State Office, concerned with the management of the BLM, One North Central Avenue, be made publicly available at any time. public lands. The rules governing RACs While you can ask us in your comment Suite 800, Phoenix, Arizona 85004, are found at 43 CFR subpart 1784. These (602) 417–9215. to withhold your personal identifying include three categories: information from public review, we Category One—Holders of Federal California cannot guarantee that we will be able to grazing permits and representatives of Central California RAC do so. organizations associated with energy Dated: February 24, 2009. and mineral development, timber David Christy, Folsom Field Office, Ron Wenker, industry, transportation or rights-of- BLM, 63 Natoma Street, Folsom, Acting Director, Bureau of Land Management. way, developed outdoor recreation, off- California 95630, (916) 985–4474. [FR Doc. E9–4259 Filed 2–26–09; 8:45 am] highway vehicle use, and commercial Northeastern California RAC BILLING CODE 4310–84–P recreation; Category Two—Representatives of Jeff Fontana, Eagle Lake Field Office, nationally or regionally recognized BLM, 2950 Riverside Drive, Susanville, California 96130, (530) DEPARTMENT OF THE INTERIOR environmental organizations, archaeological and historic 252–5332. Bureau of Land Management organizations, dispersed recreation Northwestern California RAC activities, and wild horse and burro Jeff Fontana, Eagle Lake Field Office, [LLWO620000.L18200000.XH0000] organizations; and Category Three—Representatives of BLM, 2950 Riverside Drive, Call for Nominations for Resource state, county, or local elected office; Susanville, California 96130, (530) Advisory Councils representatives and employees of a state 257–0456. agency responsible for management of Colorado AGENCY: Bureau of Land Management, natural resources; representatives of Interior. Indian tribes within or adjacent to the Front Range RAC ACTION: Notice of Resource Advisory area for which the Council is organized; Cass Cairns, Royal Gorge Field Office, Council Call for Nominations. representatives of academia that are BLM, 3170 E. Main Street, Canon employed in natural sciences; and the City, Colorado 81212, (719) 269–8553. SUMMARY: The purpose of this notice is public-at-large. to request public nominations for the Individuals may nominate themselves Northwest RAC Bureau of Land Management (BLM) or others. Nominees must be residents David Boyd, Glenwood Springs Field Resource Advisory Councils (RACs) that of the state or states in which the RAC Office, BLM, 50629 Highways 6 and have member terms expiring this year. has jurisdiction. The BLM will evaluate 24, Glenwood Springs, Colorado The RACs provide advice and nominees based on their education, 81601, (970) 947–2800. recommendations to the BLM on land training, experience, and their use planning and management of the knowledge of the geographical area of Southwest RAC National System of Public Lands within the RAC. Nominees should demonstrate Barbara Sharrow, Uncompahgre Field their geographic areas. The BLM will a commitment to collaborative resource Office, BLM 2505 S. Townsend Ave., consider public nominations for 45 days decisionmaking. The following must Montrose, Colorado 81401, (970) 240– after the publication date of this notice. accompany all nominations: 5300.
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Idaho Portland, Oregon 97208, (503) 808– OSM has revised burden estimates, 6306. where appropriate, to reflect current Coeur d’Alene District RAC Utah reporting levels or adjustments based on Lisa Wagner, Coeur d’Alene District reestimates of burden or respondents. Office, BLM, 3815 Schreiber Way, Utah RAC OSM will request a 3-year term of Coeur d’Alene, Idaho 83815, (208) approval for this information collection 769–5014. Sherry Foot, Utah State Office, BLM, 440 West 200 South, Suite 500, P.O. activity. Idaho Falls District RAC Box 45155, Salt Lake City, Utah Comments are invited on: (1) The Joanna Wilson, Idaho Falls District 84101, (801) 539–4195. need for the collection of information Office, BLM, 1405 Hollipark Drive, Dated: February 24, 2009. for the performance of the functions of Idaho Falls, Idaho 83401, (208) 524– Ron Wenker, the agency; (2) the accuracy of the 7550. Acting Director. agency’s burden estimates; (3) ways to Boise District RAC [FR Doc. E9–4260 Filed 2–26–09; 8:45 am] enhance the quality, utility and clarity BILLING CODE 4310–84–P of the information collection; and (4) MJ Byrne, Boise District Office, BLM, ways to minimize the information 3948 Development Avenue, Boise, collection burden on respondents, such Idaho 83705, (208) 384–3393. DEPARTMENT OF THE INTERIOR as use of automated means of collection Twin Falls District RAC of the information. A summary of the Office of Surface Mining Reclamation public comments will accompany Heather Tiel-Nelson, Twin Falls District and Enforcement Office, BLM, 2536 Kimberly Road, OSM’s submission of the information Twin Falls, Idaho 83301, (208) 736– Notice of Proposed Information collection request to OMB. 2352. Collection for 1029–0103 Before including your address, phone Montana and Dakotas number, email address, or other AGENCY: Office of Surface Mining personal identifying information in your Eastern Montana RAC Reclamation and Enforcement, Interior. comment, you should be aware that Mark Jacobsen, Miles City Field Office, ACTION: Notice and request for your entire comment, including your BLM, 111 Garryowen, Miles City, comments. personal identifying information, may Montana 59301, (406) 233–2831. be made publicly available at any time. SUMMARY: In compliance with the While you can ask us in your comment Central Montana RAC Paperwork Reduction Act of 1996, the Office of Surface Mining (OSM) is to withhold your personal identifying Craig Flentie, Lewistown Field Office, information from public review, we BLM, 920 Northeast Main, announcing its intention to renew its authority for the collection of cannot guarantee that we will be able to Lewistown, Montana 59457, (406) do so. 538–1943. information for 30 CFR Part 875— Noncoal Reclamation. This notice provides the public with Western Montana RAC DATES: Comments on the proposed 60 days in which to comment on the David Abrams, Butte Field Office, BLM, information collection must be received following information collection 106 North Parkmont, Butte, Montana by April 28, 2009, to be assured of activity: 59701, (406) 533–7617. consideration. Title: 30 CFR Part 875—Noncoal Dakotas RAC ADDRESSES: Comments may be mailed to Reclamation. Lonny Bagley, North Dakota Field John A. Trelease, Office of Surface OMB Control Number: 1029–0103. Mining Reclamation and Enforcement, Office, BLM, 99 23rd Avenue West, Summary: This Part establishes 1951 Constitution Ave, NW., Room Suite A, Dickinson, North Dakota procedures and requirements for States 58601, (701) 227–7703. 202—SIB, Washington, DC 20240. Comments may also be submitted and Indian tribes to conduct noncoal Nevada electronically to [email protected]. reclamation under abandoned mine land funding. The information is needed FOR FURTHER INFORMATION CONTACT: To Mojave-Southern RAC; Northeastern to assure compliance with the Surface receive a copy of the information Great Basin RAC; Sierra Front Mining Control and Reclamation Act of Northwestern RAC collection request contact John A. Trelease, at (202) 208–2783 or at the e- 1977. Rochelle Ocava, Nevada State Office, mail address listed above. Frequency of Collection: Once. BLM, 1340 Financial Boulevard, Reno, Nevada 89502, (775) 861–6588. SUPPLEMENTARY INFORMATION: The Office Description of Respondents: State of Management and Budget (OMB) governments and Indian Tribes. New Mexico regulations at 5 CFR 1320, which Total Annual Responses: 1. New Mexico RAC implement provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104–13), Total Annual Burden Hours: 100. Theresa Herrera, New Mexico State require that interested members of the Dated: February 3, 2008. Office, BLM, 1474 Rodeo Road, P.O. public and affected agencies have an Box 27115, Santa Fe, New Mexico John A. Trelease, opportunity to comment on information Acting Chief, Division of Regulatory Support. 87505, (505) 438–7517. collection and recordkeeping activities [FR Doc. E9–4107 Filed 2–26–09; 8:45 am] Oregon/Washington [see 5 CFR 1320.8(d)]. This notice identifies an information collection BILLING CODE 4310–05–M Eastern Washington RAC; John Day/ activity that OSM will submit to OMB Snake RAC; Southeast Oregon RAC for extension. This collection is Pam Robbins, Oregon State Office, BLM, contained in 30 CFR Part 875—Noncoal 333 SW First Avenue, P.O. Box 2965, Reclamation.
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INTERNATIONAL TRADE 7,158,118; 7,262,760; and 7,414,611. 73 The purpose of this notice is to allow COMMISSION FR 54854 (September 23, 2008). The for 60 days for public comment until complaint named Nintendo Co., Ltd. of April 28, 2009. This process is [Investigation No. 337–TA–658] Japan and Nintendo of America, Inc. of conducted in accordance with 5 CFR In the Matter of Certain Video Game Redmond, WA (collectively, 1320.10. Machines and Related Three- ‘‘Nintendo’’) as respondents. If you have comments especially on Dimensional Pointing Devices; Notice On January 21, 2009, complainant the estimated public burden or of Commission Decision Not To Hillcrest moved to amend the complaint associated response time, suggestions, Review the Administrative Law and notice of investigation to add claims or need a copy of the proposed Judge’s Initial Determination Granting 3, 13, and 20 of the ’983 patent (the emergency information collection Complainant’s Motion To Amend the ‘‘newly asserted claims’’) to the claims instrument with instructions or Complaint and Notice of Investigation asserted against Nintendo and terminate additional information, please contact claims 5, 6, 15, 16, 22, and 23 of the Rebekah Dorr, Department of Justice AGENCY: U.S. International Trade ’983 patent (the ‘‘withdrawn claims’’) Office of Community Oriented Policing Commission. from this investigation. Neither the Services, 1100 Vermont Avenue, NW., ACTION: Notice. Commission Investigative Attorney nor Washington, DC 20530. Nintendo opposed Hillcrest’s motion. Written comments and suggestions SUMMARY: Notice is hereby given that On February 5, 2009, the from the public and affected agencies the U.S. International Trade administrative law judge issued the concerning the proposed collection of Commission has determined not to subject ID granting Hillcrest’s motion to information are encouraged. Your review the presiding administrative law amend the complaint and notice of comments should address one or more judge’s initial determination (‘‘ID’’) investigation to add the newly asserted of the following four points: (Order No. 12) granting complainant’s claims and terminate the withdrawn —Evaluate whether the proposed motion to amend the complaint and claims from the investigation. No collection of information is necessary notice of investigation and terminate petitions for review of the subject ID for the proper performance of the certain patent claims from the above- were filed. functions of the agency, including captioned investigation. The authority for the Commission’s whether the information will have FOR FURTHER INFORMATION CONTACT: determination is contained in section practical utility; Daniel E. Valencia, Office of the General 337 of the Tariff Act of 1930, as —Evaluate the accuracy of the agency’s Counsel, U.S. International Trade amended (19 U.S.C. 1337), and in estimate of the burden of the Commission, 500 E Street, SW., section 210.42 of the Commission’s proposed collection of information, Washington, DC 20436, telephone (202) Rules of Practice and Procedure (19 CFR including the validity of the 205–1999. Copies of non-confidential 210.42). methodology and assumptions used; documents filed in connection with this —Enhance the quality, utility, and By order of the Commission. clarity of the information to be investigation are or will be available for Issued: February 23, 2009. inspection during official business collected; and Marilyn R. Abbott, —Minimize the burden of the collection hours (8:45 a.m. to 5:15 p.m.) in the Secretary to the Commission. Office of the Secretary, U.S. of information on those who are to [FR Doc. E9–4161 Filed 2–26–09; 8:45 am] International Trade Commission, 500 E respond, including through the use of Street, SW., Washington, DC 20436, BILLING CODE 7020–02–P appropriate automated, electronic, telephone (202) 205–2000. General mechanical, or other technological information concerning the Commission collection techniques or other forms may also be obtained by accessing its DEPARTMENT OF JUSTICE of information technology, e.g., Internet server at http://www.usitc.gov. permitting electronic submission of The public record for this investigation [OMB Number 1103–0096] responses. may be viewed on the Commission’s Overview of This Information electronic docket (EDIS) at http:// Office of Community Oriented Policing Collection Services; Agency Information edis.usitc.gov. Hearing-impaired (1) Type of Information Collection: persons are advised that information on Collection Activities: Emergency Revision of a Previously Approved Emergency revision of a previously this matter can be obtained by approved collection, with change; contacting the Commission’s TDD Collection, With Change; Comments Requested comments requested. terminal on (202) 205–1810. (2) Title of the Form/Collection: COPS SUPPLEMENTARY INFORMATION: The ACTION: 60-Day Notice of Information Application Guide. Commission instituted this investigation Collection Under Review: COPS (3) Agency form number, if any, and on September 23, 2008, based on a Application Guide. the applicable component of the complaint filed by Hillcrest Department sponsoring the collection: Laboratories, Inc. of Rockville, The Department of Justice (DOJ) None. U.S. Department of Justice Office Maryland (‘‘Hillcrest’’), alleging Office of Community Oriented Policing of Community Oriented Policing violations of section 337 of the Tariff Services (COPS), will be submitting the Services. Act of 1930 (19 U.S.C. 1337) in the following information collection request (4) Affected public who will be asked importation into the United States, the to the Office of Management and Budget or required to respond, as well as a brief sale for importation, and the sale within (OMB) for review and approval in abstract: Primary: Law enforcement the United States after importation of accordance with the Paperwork agencies and other public and private certain video game machines and Reduction Act of 1995. The emergency entities that apply for COPS Office related three-dimensional pointing revision of a previously approved grants or cooperative agreements will be devices by reason of infringement of information collection is published to asked to review the COPS Application certain claims of United States Patent obtain comments from the public and Guide. The COPS Application Guide Nos. 7,139,983 (‘‘the ’983 patent’’); affected agencies. provides instructions for all applicants
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and is the result of a COPS Office or need a copy of the information standardize the budget forms across all business process reengineering effort collection instrument with instructions COPS Office programs and should aimed at standardization as required or additional information, please reduce the burden on applicants due the under the grant streamlining contact Rebekah Dorr, Department of applicants ability to use the same form requirements of Public Law 106–107, Justice Office of Community Oriented for multiple programs, thus reducing the the Federal Financial Assistance Policing Services, 1100 Vermont need for applicants to learn how to Management Improvement Act of 1999, Avenue, NW., Washington, DC 20530. complete multiple differing forms. as well as the President’s Management Written comments and suggestions from (5) An estimate of the total number of Agenda E-grants Initiative. the public and affected agencies respondents and the amount of time (5) An estimate of the total number of concerning the proposed collection of estimated for an average respondent to respondents and the amount of time information are encouraged. Your respond/reply: It is estimated that estimated for an average respondent to comments should address one or more 16,200 respondents annually will respond/reply: It is estimated that of the following four points: complete the form within 2 hours. 16,200 respondents annually will —Evaluate whether the extension of (6) An estimate of the total public complete the form within 1 hour. the previously approved collection of burden (in hours) associated with the (6) An estimate of the total public information is necessary for the proper collection: There are an estimated burden (in hours) associated with the performance of the functions of the 32,400 total annual burden hours collection: There are an estimated agency, including whether the associated with this collection. 16,200 total annual burden hours information will have practical utility; If additional information is required associated with this collection. —Evaluate the accuracy of the contact: Lynn Bryant, Department If additional information is required agency’s estimate of the burden of the Clearance Officer, United States contact: Lynn Bryant, Department collection of information, including the Department of Justice, Justice Clearance Officer, United States validity of the methodology and Management Division, Policy and Department of Justice, Justice assumptions used; Planning Staff, Patrick Henry Building, Management Division, Policy and —Enhance the quality, utility, and Suite 1600, 601 D Street, NW., Planning Staff, Patrick Henry Building, clarity of the information to be Washington, DC 20530. collected; and Suite 1600, 601 D Street, NW., Dated: February 23, 2009. Washington, DC 20530. —Minimize the burden of the collection of information on those who Lynn Bryant, Dated: February 23, 2009. are to respond, including through the Department Clearance Officer, PRA, United Lynn Bryant, use of appropriate automated, States Department of Justice. Department Clearance Officer, PRA, United electronic, mechanical, or other [FR Doc. E9–4158 Filed 2–26–09; 8:45 am] States Department of Justice. technological collection techniques or BILLING CODE 4410–AT–P [FR Doc. E9–4157 Filed 2–26–09; 8:45 am] other forms of information technology, BILLING CODE 4410–AT–P e.g., permitting electronic submission of responses. DEPARTMENT OF JUSTICE [OMB Number 1103–0098] DEPARTMENT OF JUSTICE Overview of This Information Collection [OMB Number 1103–0097] Office of Community Oriented Policing (1) Type of Information Collection: Services; Agency Information Office of Community Oriented Policing Emergency revision of a previously Collection Activities: Emergency Services; Agency Information approved collection, with change; Revision of a Previously Approved Collection Activities: Emergency comments requested. Collection, With Change; Comments Revision of a Previously Approved (2) Title of the Form/Collection: COPS Requested Collection; Comments Requested Budget Detail Worksheets. (3) Agency form number, if any, and ACTION: 60-Day Notice of Information ACTION: 60-Day Notice of Information the applicable component of the Collection Under Review: COPS Collection Under Review: COPS Budget Department sponsoring the collection: Application Attachment to SF–424. Detail Worksheets. None. U.S. Department of Justice Office of Community Oriented Policing The Department of Justice (DOJ) The Department of Justice (DOJ) Services. Office of Community Oriented Policing Office of Community Oriented Policing (4) Affected public who will be asked Services (COPS), will be submitting the Services (COPS), will be submitting the or required to respond, as well as a brief following emergency information following emergency information abstract: Primary: Law enforcement collection request to the Office of collection request to the Office of agencies and other public and private Management and Budget (OMB) for Management and Budget (OMB) for entities that apply for COPS Office review and approval in accordance with review and approval in accordance with grants or cooperative agreements will be the Paperwork Reduction Act of 1995. the Paperwork Reduction Act of 1995. asked to complete the COPS Budget The information collection is published The information collection is published Detail Worksheets. The COPS Budget to obtain comments from the public and to obtain comments from the public and Detail Worksheets are the result of a affected agencies. affected agencies. COPS Office business process The purpose of this notice is to allow The purpose of this notice is to allow reengineering effort aimed at for 60 days for public comment until for 60 days for public comment until standardization as required under the April 28, 2009. This process is April 28, 2009. This process is grant streamlining requirements of conducted in accordance with 5 CFR conducted in accordance with 5 CFR Public Law 106–107, the Federal 1320.10. 1320.10. Financial Assistance Management If you have comments especially on If you have comments especially on Improvement Act of 1999, as well as the the estimated public burden or the estimated public burden or President’s Management Agenda E- associated response time, suggestions, associated response time, suggestions, grants Initiative. The new worksheets or need a copy of the proposed
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information collection instrument with streamlined application forms across all 180 days. Comments should be directed instructions or additional information, COPS Office programs and reduced the to OMB, Office of Information and please contact Rebekah Dorr, burden on applicants due to the Regulatory Affairs, Attention: Department of Justice Office of applicant’s ability to use the same form Department of Justice Desk Officer, Community Oriented Policing Services, for multiple programs, thus reducing the Washington, DC 20503. Comments are 1100 Vermont Avenue, NW., need for applicant’s to learn how to encouraged and will be accepted for 60 Washington, DC 20530. complete multiple differing forms. days until April 28, 2009. Written comments and suggestions (5) An estimate of the total number of During the first 60 days of this same from the public and affected agencies respondents and the amount of time review period, a regular review of this concerning the proposed collection of estimated for an average respondent to information collection is also being information are encouraged. Your respond/reply: It is estimated that undertaken. All comments and comments should address one or more 16,200 respondents annually will suggestions, or questions regarding of the following four points: complete the form within 10 hours. additional information, including —Evaluate whether the proposed (6) An estimate of the total public obtaining a copy of the proposed collection of information is necessary burden (in hours) associated with the information collection instrument with for the proper performance of the collection: There are an estimated instructions, should be directed to functions of the agency, including 162,000 total annual burden hours Judith Lock, Foreign Claims Settlement whether the information will have associated with this collection. Commission, Department of Justice, 600 practical utility; If additional information is required E Street, NW., Suite 6002, Washington —Evaluate the accuracy of the agency’s contact: Lynn Bryant, Department DC 20579, or by facsimile (202) 616– estimate of the burden of the Clearance Officer, United States 6993. proposed collection of information, Department of Justice, Justice Written comments and suggestions including the validity of the Management Division, Policy and from the public and affected agencies methodology and assumptions used; Planning Staff, Patrick Henry Building, concerning the proposed collection of —Enhance the quality, utility, and Suite 1600, 601 D Street, NW., information are encouraged. Your clarity of the information to be Washington, DC 20530. comments should address one or more collected; and Dated: February 23, 2009. of the following four points: —Minimize the burden of the collection Lynn Bryant, —Evaluate whether the proposed of information on those who are to Department Clearance Officer, PRA, collection of information is necessary respond, including through the use of Department of Justice. for the proper performance of the appropriate automated, electronic, [FR Doc. E9–4159 Filed 2–26–09; 8:45 am] functions of the agency, including mechanical, or other technological BILLING CODE 4410–AT–P whether the information will have collection techniques or other forms practical utility; of information technology, e.g., —Evaluate the accuracy of the agency’s permitting electronic submission of DEPARTMENT OF JUSTICE estimate of the burden of the responses. proposed collection of information, Foreign Claims Settlement Overview of This Information including the validity of the Commission Collection methodology and assumptions used; (1) Type of Information Collection: [OMB Number 1105–NEW] —Enhance the quality, utility, and clarity of the information to be Emergency revision of a previously Agency Information Collection approved collection, with change; collected; and Activities: Proposed Collection; —Minimize the burden of the collection comments requested. Comments Requested (2) Title of the Form/Collection: COPS of information on those who are to respond, including through the use of Application Attachment to SF–424. ACTION: 60-Day Emergency Notice of appropriate automated, electronic, (3) Agency form number, if any, and Information Collection Under Review: mechanical, or other technological the applicable component of the Collection of Information on Claims for collection techniques or other forms Department sponsoring the collection: Compensation for Physical and of information technology, e.g., None. U.S. Department of Justice Office Emotional Injury, Death, and permitting electronic submission of of Community Oriented Policing Commercial Claims Against the responses. Services. Government of Libya and Referred to (4) Affected public who will be asked the Foreign Claims Settlement Overview of this information or required to respond, as well as a brief Commission by the Department of State collection: abstract: Primary: Law enforcement Legal Adviser. (1) Type of information collection: agencies and other public and private New Collection. entities that apply for COPS Office The Department of Justice, Foreign (2) The title of the form/collection: grants or cooperative agreements will be Claims Settlement Commission Claims of U.S. Nationals Against Libya. asked to complete the COPS (Commission), will be submitting the (3) The agency form number, if any, Application Attachment to SF–424. The following information collection request and the applicable component of the COPS Application Attachment to SF– to the Office of Management and Budget department sponsoring the collection: 424 is the result of a COPS Office (OMB) for review and clearance in Form Number: FCSC 1–09. Foreign business process reengineering effort accordance with emergency review Claims Settlement Commission, aimed at standardization as required procedures of the Paperwork Reduction Department of Justice. under the grant streamlining Act of 1995. OMB approval has been (4) Affected public who will be asked requirements of Public Law 106–107, requested by March 20, 2009. The or required to respond, as well as a brief the Federal Financial Assistance proposed information collection is abstract: Primary: Individuals and Management Improvement Act of 1999, published to obtain comments from the Corporate Entities. Other: None. as well as the President’s Management public and affected agencies. If granted, Information will be used as a basis for Agenda E-grants Initiative. This form the emergency approval is only valid for determining eligibility of U.S. nationals
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with physical and emotional injury, 3000 federal, low-security, adult male correctional facilities. Measures being death, and commercial claims for inmates, that are primarily non-U.S. taken to manage the growth of the awards payable by the Department of citizen, criminal aliens in existing federal inmate population include Treasury out of funds provided Contractor-Owned/Contractor-Operated construction of new institutions, pursuant to the U.S.-Libya Claims facilities. The award would be granted acquisition and adaptation of facilities Settlement Agreement for certain to a responsible offeror whose offer is originally intended for other purposes, terrorism-related claims against Libya, found to be most advantageous to the expansion and improvement of existing its agencies and instrumentalities, and Government. One existing facility has correctional facilities, and expanded use officials and employees thereof, and been offered in response to the BOP’s of contract beds. Adding capacity referred to the Commission by the solicitation for services. The one through these various means allows the Department of State Legal Adviser. response provided a total of 2,567 beds. BOP to work toward the long-term goal (5) An estimate of the total number of Environmental impacts of the facility of reduced system-wide overcrowding. respondents and the amount of time were evaluated in a Environmental Alternatives Considered estimated for an average respondent to Assessment (EA). The EA evaluated the respond/reply: It is estimated that 200 full effects of the available 2,567 inmate The No Action alternative is defined respondents will complete the beds. Environmental impacts of this as a decision not to proceed with the application in approximately two hours. facility have been evaluated in an EA proposed action to award a contract to (6) An estimate of the total public provided by the Offeror. house the described population. Instead, the BOP would continue the current and burden (in hours) associated with the FOR FURTHER INFORMATION CONTACT: collection: The estimated total annual long-standing arrangement whereby Richard A. Cohn, Chief, Capacity low-security, adult male, criminal alien public burden associated with this Planning and Site Selection Branch, application is 400 hours. inmate populations are housed in Federal Bureau of Prisons, 320 First facilities owned and operated by the If additional information is required Street, NW., Washington, DC 20534. Tel: contact: Lynn Bryant, Department BOP as well as with State, local, and 202–514–6470. Fax: 202–616–6024. E- private residential reentry centers and Clearance Officer, United States mail: [email protected]. Department of Justice, Justice in alternative confinement. Adoption of SUPPLEMENTARY INFORMATION: Management Division, Policy and the No Action alternative would avoid Planning Staff, Patrick Henry Building, Background the potential impacts associated with Suite 1600, 601 D Street, NW., use of a Contractor-Owned/Contractor- Pursuant to Section 102(2)(c) of the Washington, DC 20530. Operated correctional facility to house National Environmental Policy Act low security, Federal inmates. Dated: February 23, 2009. (NEPA) of 1969 and the Council of Under the No Action alternative, the Lynn Bryant, Environmental Quality Regulations (40 beneficial impacts on local and regional Department Clearance Officer, Department of CFR Parts 1500–1508), the EA prepared economies resulting from operational Justice. to contract with a public and private budget expenditures at potentially [FR Doc. E9–4156 Filed 2–26–09; 8:45 am] corporation to house approximately vacant or underutilized correctional BILLING CODE 4410–BA–P 2,500 Federal, low-security, adult male facility would not occur. Under the No inmates, non-U.S. citizen, that are Action alternative, no job growth would primarily criminal aliens in existing be experienced in Adams County, DEPARTMENT OF JUSTICE Contractor-Owned/Contractor-Operated Mississippi. The No Action alternative facility. One existing facility, has been does not meet the purpose and need of Federal Bureau of Prisons offered in response to the BOP’s the BOP’s Action alternative and would solicitation for services. The one Availability of the Finding of No not address the demand for additional response provided a total of 2,567 beds. Significant Impact for the Criminal capacity to house the increasing federal The EA was published on January 14, Alien Requirement VIII inmate population. One location was 2009, for a 30-day comment period and evaluated in the EA. This facility could AGENCY: U.S. Department of Justice, prepared pursuant to NEPA. be awarded a number of inmates up to Federal Bureau of Prisons. Project Information its capacity; potential impacts at this ACTION: Notice; finding of no significant facility were evaluated based upon its impact. The BOP is responsible for carrying maximum possible capacity. The facility out judgements of the Federal courts and respective inmate populations SUMMARY: The U.S. Department of whenever a period of confinement is evaluated were: Justice, Federal Bureau of Prisons (BOP) ordered. ■ Corrections Corporation of announces the availability of the Subsequently, the mission of the BOP America, located in Adams County, Finding of No Significant Impact is to protect society by confining Mississippi, evaluated for its maximum (FONSI) concerning the Criminal Alien offenders in the controlled capacity under this action to provide Requirement VIII (CAR VIII). The BOP environments of prisons and 2,567 beds. is seeking flexibility in managing its community-based facilities that are safe, The impacts of the Action alternative current shortage of beds by contracting humane, cost-efficient, and on the environment were considered in for those services with non-federal appropriately secure, and that provide an EA published on January 14, 2009 facilities to house federal inmates. This work and other self improvement and prepared pursuant to NEPA. The approach provides the BOP with opportunities to assist offenders in EA evaluated the full effects of the flexibility to meet population capacity becoming law abiding citizens. potentially available 2,567 inmate beds. needs in a timely fashion, conform with Approximately 163,200 inmates are Review of the EA has led to a FONSI, federal law, and maintain fiscal currently housed within the 114 federal as that phrase is defined pursuant to responsibility, while successfully correctional institutions that have levels NEPA. The Action alternative would attaining the mission of the BOP. The of security ranging from minimum to result in negligible impacts to public BOP proposed to contract with a public maximum; a number exceeding the services of host communities. There and private corporation to house up to combined rated capacities of all federal would be no significant adverse impacts
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to surrounding land uses, utility public/do/PRAMain or by contacting However, no employers are currently systems, traffic patterns or other Darrin King on 202–693–4129 (this is producing or using DBCP; therefore, the community considerations. No not a toll-free number)/e-mail: Standard imposes no cost burdens on significant adverse on-site impacts as [email protected]. employers. For additional information, defined pursuant to NEPA are Interested parties are encouraged to see the related 60-day preclearance anticipated as a result of the Action send comments to the Office of notice published in the Federal Register alternative. After review of the Information and Regulatory Affairs, at Vol. 73 FR 58983 on October 8, 2008. comments received from interested Attn: OMB Desk Officer for the PRA documentation prepared in agencies and local citizens concerning Occupational Safety and Health association with the preclearance notice the EA, the BOP signed a FONSI for the Administration (OSHA), Office of is available on http:// Action alternative. Management and Budget, Room 10235, www.regulations.gov under docket Notice of Availability Washington, DC 20503, Telephone: number OSHA–2008–0038. 202–395–7316/Fax: 202–395–6974 Agency: Occupational Safety and BOP provided written notices of the (these are not toll-free numbers), e-mail: Health Administration. availability of the EA in the local [email protected] within Type of Review: Extension without newspaper for 4-days with local and 30 days from the date of this publication change of a previously approved regional circulations, and through the in the Federal Register. In order to collection. local public library. The BOP also ensure the appropriate consideration, Title of Collection: Cadmium in distributed approximately 50 copies comments should reference the OMB General Industry Standard (29 CFR (each) of the EA to Federal and State Control Number (see below). 1910.1027). agencies, State and local governments, The OMB is particularly interested in OMB Control Number: 1218–0185. elected officials, interested comments which: Affected Public: Business or other for- • organizations, and individuals. Evaluate whether the proposed profits. Availability of the Finding of No collection of information is necessary Estimated Number of Respondents: Significant Impact for the proper performance of the 53,161. functions of the agency, including The FONSI and other information Estimated Total Annual Burden whether the information will have Hours: 92,259. regarding this project are available upon practical utility; request. To request a copy of the FONSI, • Estimated Total Annual Costs Burden: Evaluate the accuracy of the $4,644,185. please contact: Richard A. Cohn, Chief, agency’s estimate of the burden of the Capacity Planning and Site Selection Description: The purpose of this proposed collection of information, standard and its information collection Branch or Issac J. Gaston, Site Selection including the validity of the Specialist, Capacity Planning and Site requirements is to provide protection for methodology and assumptions used; employees from the adverse health Selection Branch, Federal Bureau of • Enhance the quality, utility, and effects that may result from Prisons, 320 First Street, NW., clarity of the information to be occupational exposure to cadmium. The Washington, DC 20534 Tel: 202–514– collected; and major information collection 6470/Fax: 202–616–6024/E-mail: • Minimize the burden of the requirements in the Standard include [email protected]—[email protected]. collection of information on those who conducting employee exposure are to respond, including through the Dated: February 18, 2009. monitoring, notifying employees of their use of appropriate automated, Richard A. Cohn, cadmium exposures, implementing a electronic, mechanical, or other Chief, Capacity Planning and Site Selection written compliance program, technological collection techniques or Branch. implementing medical surveillance of other forms of information technology, [FR Doc. E9–3934 Filed 2–26–09; 8:45 am] employees, providing examining e.g., permitting electronic submission of BILLING CODE 4410–05–P physicians with specific information, responses. Agency: Occupational Safety and ensuring that employees receive a copy of their medical surveillance results, DEPARTMENT OF LABOR Health Administration. Type of Review: Extension without maintaining employees’ exposure monitoring and medical surveillance Office of the Secretary change of a previously approved collection records for specific periods, and Submission for OMB Review: Title of Collection: 1,2-Dibromo-3- providing access to these records by Comment Request Chloropropane (DBCP) Standard (29 OSHA, the National Institute for CFR 1910.1044). Occupational Safety and Health, the February 20, 2009. OMB Control Number: 1218–0101. employee who is the subject of the The Department of Labor (DOL) Affected Public: Business or other for- records, the employee’s representative, hereby announces the submission of the profits. and other designated parties. For following public information collection Estimated Number of Respondents: 1. additional information, see the related requests (ICR) to the Office of Estimated Total Annual Burden 60-day preclearance notice published in Management and Budget (OMB) for Hours: 1. the Federal Register at Vol. 73 FR 74199 review and approval in accordance with Estimated Total Annual Costs Burden: on December 5, 2008. PRA the Paperwork Reduction Act of 1995 $0. documentation prepared in association (Pub. L. 104–13, 44 U.S.C. chapter 35). Description: The purpose of DBCP with the preclearance notice is available A copy of each ICR, with applicable Standard is to provide protection for on http://www.regulations.gov under supporting documentation; including, employees from the adverse health docket number OSHA–2008–0052. among other things, a description of the effects caused by occupational exposure Agency: Occupational Safety and likely respondents, proposed frequency to DBCP. To ensure that employees are Health Administration. of response, and estimated total burden receiving this protection, the Standard Type of Review: Extension without may be obtained from the RegInfo.gov requires employers to provide OSHA change of a previously approved Web site at http://www.reginfo.gov/ with access to various records. collection.
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Title of Collection: Cadmium in Implementing an exposure monitoring of information requirements to find out Construction Standard (29 CFR program that informs employees of their if employers are complying adequately 1926.1127). exposure-monitoring results; with the provisions of the Standards. OMB Control Number: 1218–0186. At multi-employer worksites, For additional information, see the Affected Public: Business or other for- notification of other on-site employers related 60-day preclearance notice profits. by employers establishing regulated published in the Federal Register at Estimated Number of Respondents: areas for the type of work performed Vol. 73 FR 74527 on December 8, 2008. 10,000. with asbestos-containing materials A corrections notice to this Federal Estimated Total Annual Burden (ACMs) and/or presumed asbestos- Register notice was published at Vol. 73 Hours: 39,331. containing materials (PACMs), the FR 77074 on December 18, 2008. PRA Estimated Total Annual Costs Burden: requirements that pertain to regulated documentation prepared in association $1,775,457. areas and the measures the employers with the preclearance notice is available Description: The Cadmium in can use to protect their employees from on http://www.regulations.gov under Construction Standard requires asbestos overexposure; docket number OSHA–2008–0050. employers to protect employees from Developing specific information and Agency: Occupational Safety and the adverse health effects that may training programs for employees; Health Administration. result from their exposure to cadmium. Providing medical surveillance for Type of Review: Extension without The major information collection employees potentially exposed to ACMs change of a previously approved requirements in the Standard include and/or PACMs, including administering collection. conducting employee exposure an employee medical questionnaire, Title of Collection: Hazardous Waste monitoring, notifying employees of their providing information to the examining Operations and Emergency Response cadmium exposures, implementing a physician, and providing the (HAZWOPER) (29 CFR 1910.120). written compliance program, physician’s written opinion to the OMB Control Number: 1218–0202. implementing medical surveillance of employee; and Affected Public: Business or other for- employees, providing examining Maintaining records of objective data profits. physicians with specific information, used for exposure determinations, Estimated Number of Respondents: ensuring that employees receive a copy employee exposure monitoring and 34,812. of their medical surveillance results, medical surveillance records, training Estimated Total Annual Burden maintaining employees’ exposure records, the record (i.e., information, Hours: 1,199,954. monitoring and medical surveillance data, and analyses) used to demonstrate Estimated Total Annual Costs Burden: records for specific periods, and that PACM does not contain asbestos, $3,111,762. providing access to these records by and notifications made and received by Description: Section 126(e) of the OSHA, the National Institute for building/facility owners regarding the ‘‘Superfund Amendments and Occupational Safety and Health, the content of ACMs and PACMs. For Reauthorization Act of 1986’’ (SARA) employee who is the subject of the additional information, see the related (Pub. L. 99–499) which became law on records, the employee’s representative, 60-day preclearance notice published in October 17, 1986, required the Secretary and other designated parties. For the Federal Register at Vol. 73 FR 65683 of Labor, pursuant to Section 6 of the additional information, see the related on November 4, 2008. PRA Occupational Safety and Health Act of 60-day preclearance notice published in documentation prepared in association 1970 (the Act), to promulgate standards the Federal Register at Vol. 73 FR 74197 with the preclearance notice is available for the safety and health protection of on December 5, 2008. PRA on http://www.regulations.gov under employees engaged in hazardous waste documentation prepared in association docket number OSHA–2008–0048. operations and emergency response. with the preclearance notice is available Agency: Occupational Safety and Section 126(a) of SARA also specified on http://www.regulations.gov under Health Administration. docket number OSHA–2008–0051. Type of Review: Extension without that those standards were to become Agency: Occupational Safety and change of a previously approved effective a year after publication. Health Administration. collection. Section 126(b) lists 11 worker protection Type of Review: Extension without Title of Collection: Longshoring and provisions that the Secretary of Labor change of a previously approved Marine Terminal Operations (29 C.F.R. had to include in OSHA’s final collection. parts 1918 and 1917, respectively). standard. Those provisions require Title of Collection: Asbestos in OMB Control Number: 1218–0196. OSHA to address the preparation of Shipyards (29 CFR 1915.1001). Affected Public: Business or other for- various written programs, plans and OMB Control Number: 1218–0195. profits. records; the training of employees; the Affected Public: Business or other for- Estimated Number of Respondents: monitoring of airborne hazards; the profits. 750. conduct of medical surveillance; and Estimated Number of Respondents: Estimated Total Annual Burden the distribution of information to 316. Hours: 35,948. employees. The provisions also require Estimated Total Annual Burden Estimated Total Annual Costs Burden: the collection of information from Hours: 1,624. $0. employers engaged in hazardous waste Estimated Total Annual Costs Burden: Description: The Standards on operations and their emergency $37,798. Longshoring and Marine Terminal response to such operations. The final Description: The information Operations contain a number of standard covers the provisions collection requirements specified in the collections of information which are mandated in SARA. For additional Asbestos in Shipyards Standard protect used by employers to ensure that information, see the related 60-day employees from the adverse health employees are informed properly about preclearance notice published in the effects that may result from the safety and health hazards associated Federal Register at Vol. 73 FR 77072 on occupational exposure to asbestos. The with longshoring and marine terminal December 18, 2008. PRA documentation major information collection operations. OSHA uses the records prepared in association with the requirements in the Standard include: developed in response to the collection preclearance notice is available on
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http://www.regulations.gov under 4 of 1978, 5 U.S.C. App. 1 (1996), February 1, 2008, to the following docket number OSHA–2008–0049. transferred the authority of the Secretary transactions, if the conditions set forth of the Treasury to issue exemptions of in section III have been met: Darrin A. King, the type proposed to the Secretary of (a) The sale or exchange of an Auction Departmental Clearance Officer. Labor. Rate Security by a Title II Only Plan (as [FR Doc. E9–4234 Filed 2–26–09; 8:45 am] defined in section IV(i)) to the Statutory Findings BILLING CODE 4510–26–P Beneficial Owner (as defined in section In accordance with section 408(a) of IV(c)) of such Plan; or the Act and/or section 4975(c)(2) of the (b) A lending of money or other DEPARTMENT OF LABOR Code and the procedures set forth in 29 extension of credit to a Title II Only Employee Benefits Security CFR Part 2570, Subpart B (55 FR 32836, Plan in connection with the holding of Administration 32847, August 10, 1990) and based upon an Auction Rate Security by the Title II the entire record, the Department makes Only Plan, from: (1) Citigroup; (2) an Prohibited Transaction Exemptions the following findings: Introducing Broker; or (3) a Clearing and Grant of Individual Exemptions (a) The exemption is administratively Broker; where the loan is: (i) repaid in Involving: D–11481, CitiGroup Inc. feasible; accordance with its terms and; (ii) 2009–06; D–11484, Robert W. Baird & (b) The exemption is in the interests guaranteed by the Beneficial Owner. Co. Incorporated, 2009–07; D–11490 of the plan and its participants and III. Conditions Raymond James & Associates, Inc., beneficiaries; and 2009–08; and Northwestern Mutual (c) The exemption is protective of the (a) Citigroup acted as a broker or Investment Services, LLC rights of the participants and dealer, non-bank custodian, or fiduciary beneficiaries of the plan. in connection with the acquisition or AGENCY: Employee Benefits Security holding of the Auction Rate Security Administration, Labor. Citigroup, Inc., Located in New York, New York that is the subject of the transaction; ACTION: Grant of Individual Exemptions. (b) For transactions involving a Plan [Prohibited Transaction Exemption 2009–06; (including a Title II Only Plan) not SUMMARY: This document contains Exemption Application Number D–11481] exemptions issued by the Department of sponsored by Citigroup for its own Labor (the Department) from certain of Exemption employees, the decision to enter into the transaction is made by a Plan fiduciary the prohibited transaction restrictions of Section I. Transactions Involving Plans the Employee Retirement Income who is Independent (as defined in Described in Both Title I and Title II of section IV(e)) of Citigroup. Security Act of 1974 (ERISA or the Act) ERISA and/or the Internal Revenue Code of Notwithstanding the foregoing, an 1986 (the Code). The restrictions of section employee of Citigroup who is the Beneficial Owner of a Title II Only Plan FOR FURTHER INFORMATION CONTACT: 406(a)(1)(A) through (D) and section Chris Motta of the Department, 406(b) of ERISA, and the taxes imposed may direct such Plan to engage in a telephone (202) 693–8540. (This is not by section 4975(a) and (b) of the Code, transaction described in section II, if all a toll-free number.) by reason of section 4975(c)(1) of the of the other conditions of this section III Code, shall not apply, effective February have been met; SUPPLEMENTARY INFORMATION: A notice (c) The last auction for the Auction was published in the Federal Register of 1, 2008, to the following transactions, if Rate Security was unsuccessful; the pendency before the Department of the conditions set forth in section III 1 (d) The Plan does not waive any rights a proposal to grant such exemption. The have been met: or claims in connection with the loan or notice set forth a summary of facts and (a) The sale or exchange of an Auction sale as a condition of engaging in the representations contained in the Rate Security (as defined in section IV above-described transaction; application for exemption and referred (b)) by a Plan (as defined in section (e) The Plan does not pay any fees or interested persons to the application for IV(h)) to the Sponsor (as defined in a complete statement of the facts and section IV (g)) of such Plan; or commissions in connection with the representations. The application has (b) A lending of money or other transaction; been available for public inspection at extension of credit to a Plan in (f) The transaction is not part of an the Department in Washington, DC. The connection with the holding of an arrangement, agreement or notice also invited interested persons to Auction Rate Security by the Plan, from: understanding designed to benefit a submit comments on the requested (1) Citigroup, Inc. or an affiliate party in interest; exemption to the Department. In (Citigroup); (2) an Introducing Broker (g) With respect to any sale described addition the notice stated that any (as defined in section IV (f)); or (3) a in section I (a) or section II(a): interested person might submit a Clearing Broker (as defined in section IV (1) The sale is for no consideration written request that a public hearing be (d)); where the loan is: (i) repaid in other than cash payment against prompt held (where appropriate). The applicant accordance with its terms; and (ii) delivery of the Auction Rate Security; has represented that it has complied guaranteed by the Plan Sponsor. and (2) For purposes of the sale, the with the requirements of the notification II. Transactions Involving Plans to interested persons. No requests for a Auction Rate Security is valued at par, Described in Title II of ERISA Only 2 hearing were received by the plus any accrued but unpaid interest; The sanctions resulting from the Department. Public comments were 2 received by the Department as described application of section 4975(a) and (b) of This exemption does not address tax issues. The the Code, by reason of section 4975(c)(1) Department has been informed by the Internal in the granted exemption. Revenue Service and the Department of the The notice of proposed exemption of the Code, shall not apply, effective Treasury that they are considering providing was issued and the exemption is being limited relief from the requirements of sections 1 For purposes of this exemption, references to 72(t)(4), 401(a)(9), and 4974 of the Code with granted solely by the Department section 406 of ERISA should be read to refer as well respect to retirement plans that hold Auction Rate because, effective December 31, 1978, to the corresponding provisions of section 4975 of Securities. The Department has also been informed section 102 of Reorganization Plan No. the Code. by the Internal Revenue Service that if Auction Rate
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(h) With respect to an in-kind controlled by, or under common control For a more complete statement of the exchange described in section (I)(a) or with such other person; facts and representations supporting the section II(a), the exchange involves the (b) The term ‘‘Auction Rate Security’’ Department’s decision to grant this transfer by a Plan of an Auction Rate or ‘‘ARS’’ means a security: exemption, refer to the Notice of Security in return for a Delivered (1) That is either a debt instrument Proposed Exemption published in the Security, as such term is defined in (generally with a long-term nominal Federal Register on November 7, 2008 section IV(j), where: maturity) or preferred stock; and at 73 FR 66260. (1) The exchange is unconditional; (2) With an interest rate or dividend FOR FURTHER INFORMATION CONTACT: (2) For purposes of the exchange, the that is reset at specific intervals through Chris Motta of the Department, Auction Rate Security is valued at par, a Dutch auction process; telephone (202) 693–8540. (This is not plus any accrued but unpaid interest; (c) The term ‘‘Beneficial Owner’’ a toll-free number.) (3) The Delivered Security is valued at means: the individual for whose benefit fair market value, as determined at the the Title II Only Plan is established and Robert W. Baird & Co. Incorporated, time of the in-kind exchange by a third includes a relative or family trust with Located in Milwaukee, Wisconsin party pricing service or other objective respect to such individual; [Prohibited Transaction Exemption 2009–07; source; (d) The term ‘‘Clearing Broker’’ Exemption Application Number D–11484] (4) The Delivered Security is means: a member of a securities appropriate for the Plan and a security exchange that acts as a liaison between Exemption that the Plan is otherwise permitted to an investor and a clearing corporation Section I. Transactions Involving Plans hold under applicable law; 3 and and that helps to ensure that a trade is Described In Both Title I and Title II of (5) The total value of the Auction Rate settled appropriately, that the ERISA Security (i.e., par plus any accrued but transaction is successfully completed unpaid interest) is equal to the fair and that is responsible for maintaining The restrictions of section market value of the Delivered Security; the paper work associated with the 406(a)(1)(A) through (D) and section (i) With respect to a loan described in clearing and executing of a transaction; 406(b) of ERISA, and the taxes imposed section I(b) or II(b): (e) The term ‘‘Independent’’ means a by section 4975(a) and (b) of the Code, (1) The loan is documented in a person who is: (1) not Citigroup or an by reason of section 4975(c)(1) of the written agreement containing all of the affiliate; and (2) not a relative (as Code, shall not apply, effective February material terms of the loan, including the defined in ERISA section 3(15)) of the 1, 2008, to the following transactions, if consequences of default; party engaging in the transaction; the conditions set forth in section III (2) The Plan does not pay an interest (f) The term ‘‘Introducing Broker’’ have been met: 4 rate that exceeds one of the following means: a registered broker that is able to (a) The sale or exchange of an Auction three rates as of the commencement of perform all the functions of a broker Rate Security (as defined in section the loan: except for the ability to accept money, IV(b)) by a Plan (as defined in section (A) The coupon rate for the Auction securities, or property from a customer; IV(h)) to the Sponsor (as defined in Rate Security; (g) The term ‘‘Sponsor’’ means: a plan section IV(g)) of such Plan; or (B) The Federal Funds Rate; or sponsor as described in section 3(16)(B) (b) A lending of money or other (C) The Prime Rate; of the Act and any Affiliates; extension of credit to a Plan in (3) The loan is unsecured; and (h) The term ‘‘Plan’’ means: any plan connection with the Plan’s holding of an (4) The amount of the loan is not more described in section 3(3) of the Act and/ Auction Rate Security, from: (1) Robert than the total par value of the Auction or section 4975(e)(1) of the Code; W. Baird & Co. Incorporated or any of Rate Securities held by the Plan. (i) The term ‘‘Title II Only Plan’’ its current or future affiliates or means: any plan described in section subsidiaries (Baird); (2) an Introducing IV. Definitions 4975(e)(1) of the Code which is not an Broker (as defined in section IV(f)); or (a) The term ‘‘affiliate’’ means: any employee benefit plan covered by Title (3) a Clearing Broker (as defined in person directly or indirectly, through I of ERISA; section IV(d)); where the loan is: (i) one or more intermediaries, controlling, (j) The term ‘‘Delivered Security repaid in accordance with its terms; and means a security that is: (1) Listed on a (ii) guaranteed by the Plan Sponsor. Securities are purchased from a Plan in a national securities exchange (excluding II. Transactions Involving Plans transaction described in sections I and II at a price OTC Bulletin Board-eligible securities that exceeds the fair market value of those Described In Title II of ERISA Only securities, then the excess value would be treated and Pink Sheets-quoted securities); or as a contribution for purposes of applying (2) a U.S. Treasury obligation; or (3) A The sanctions resulting from the applicable contribution and deduction limits under fixed income security that has a rating application of section 4975(a) and (b) of sections 219, 404, 408, and 415 of the Code. at the time of the exchange that is in one the Code, by reason of section 4975(c)(1) 3 The Department notes that the Act’s general of the two highest generic rating of the Code, shall not apply, effective standards of fiduciary conduct also would apply to February 1, 2008, to the following the transactions described herein. In this regard, categories from an independent section 404 requires, among other things, that a nationally recognized statistical rating transactions, if the conditions set forth fiduciary discharge his duties respecting a plan organization (e.g., a highly rated in section III have been met: solely in the interest of the plan’s participants and municipal bond or a highly rated (a) The sale or exchange of an Auction beneficiaries and in a prudent manner. Rate Security by a Title II Only Plan (as Accordingly, a plan fiduciary must act prudently corporate bond); or (4) A certificate of with respect to, among other things: (1) The deposit insured by the Federal Deposit defined in section IV(i)) to the decision to exchange an Auction Rate Security for Insurance Corporation. Notwithstanding Beneficial Owner (as defined in section a Delivered Security; and (2) the negotiation of the the above, the term ‘‘Delivered IV(c)) of such Plan; or terms of such exchange (or a cash sale or loan (b) A lending of money or other described above), including the pricing of such Security’’ shall not include any Auction securities. The Department further emphasizes that Rate Security, or any related Auction extension of credit to a Title II Only it expects plan fiduciaries, prior to entering into any Rate Security, including derivatives or of the transactions, to fully understand the risks 4 For purposes of this exemption, references to associated with these types of transactions securities materially comprised of section 406 of ERISA should be read to refer as well following disclosure by Citigroup of all relevant Auction Rate Securities or any illiquid to the corresponding provisions of section 4975 of information. securities. the Code.
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Plan in connection with the Plan’s (1) The exchange is unconditional; the Title II Only Plan is established and holding of an Auction Rate Security, (2) For purposes of the exchange, the includes a relative or family trust with from: (1) Baird; (2) an Introducing Auction Rate Security is valued at par, respect to such individual; Broker; or (3) a Clearing Broker; where plus any accrued but unpaid interest; (d) The term ‘‘Clearing Broker’’ the loan is: (i) repaid in accordance with (3) The Delivered Security is valued at means: a member of a securities its terms and; (ii) guaranteed by the fair market value, as determined at the exchange that acts as a liaison between Beneficial Owner. time of the in-kind exchange by a third an investor and a clearing corporation III. Conditions party pricing service or other objective and that helps to ensure that a trade is source; settled appropriately, that the (a) Baird acted as a broker or dealer, (4) The Delivered Security is transaction is successfully completed non-bank custodian, or fiduciary in appropriate for the Plan and a security and that is responsible for maintaining connection with the acquisition or that the Plan is otherwise permitted to the paperwork associated with the holding of the Auction Rate Security hold under applicable law; 6 and clearing and executing of a transaction; that is the subject of the transaction; (5) The total value of the Auction Rate (e) The term ‘‘Independent’’ means a (b) For transactions involving a Plan Security (i.e., par plus any accrued but person who is: (1) not Baird or an (including a Title II Only Plan) not unpaid interest) is equal to the fair affiliate; and (2) not a relative (as sponsored by Baird for its own market value of the Delivered Security; defined in ERISA section 3(15)) of the employees, the decision to enter into the (i) With respect to a loan described in party engaging in the transaction; transaction is made by a Plan fiduciary section I(b) or II(b): (f) The term ‘‘Introducing Broker’’ who is Independent (as defined in (1) The loan is documented in a means: a registered broker that is able to section IV (e)) of Baird. Notwithstanding written agreement containing all of the perform all the functions of a broker the foregoing, an employee of Baird who material terms of the loan, including the except for the ability to accept money, is the Beneficial Owner of a Title II Only consequences of default; securities, or property from a customer; Plan may direct such Plan to engage in (2) The Plan does not pay an interest (g) The term ‘‘Sponsor’’ means: a plan a transaction described in section II, if rate that exceeds one of the following sponsor as described in section 3(16)(B) all of the other conditions of this section three rates as of the commencement of of the Act and any Affiliates; III have been met; (c) The last auction for the Auction the loan: (h) The term ‘‘Plan’’ means: any plan Rate Security was unsuccessful; (A) The coupon rate for the Auction described in section 3(3) of the Act and/ (d) The Plan does not waive any rights Rate Security; or section 4975(e)(1) of the Code; or claims in connection with the loan or (B) The Federal Funds Rate; or (i) The term ‘‘Title II Only Plan’’ sale as a condition of engaging in the (C) The Prime Rate; means: any plan described in section transaction; (3) The loan is unsecured; and 4975(e)(1) of the Code which is not an (e) The Plan does not pay any fees or (4) The amount of the loan is not more employee benefit plan covered by Title commissions in connection with the than the total par value of the Auction I of ERISA; transaction; Rate Securities held by the Plan. (j) The term ‘‘Delivered Security means a security that is: (1) Listed on a (f) The transaction is not part of an IV. Definitions arrangement, agreement or national securities exchange (excluding understanding designed to benefit a (a) The term ‘‘affiliate’’ means any OTC Bulletin Board-eligible securities party in interest; person directly or indirectly, through and Pink Sheets-quoted securities); or (g) With respect to any sale described one or more intermediaries, controlling, (2) a U.S. Treasury obligation; or (3) A in section I (a) or section II (a): controlled by, or under common control fixed income security that has a rating (1) The sale is for no consideration with such other person; at the time of the exchange that is in one other than cash payment against prompt (b) The term ‘‘Auction Rate Security’’ of the two highest generic rating delivery of the Auction Rate Security; or ‘‘ARS’’ means a security: categories from an independent and (1) That is either a debt instrument nationally recognized statistical rating (2) For purposes of the sale, the (generally with a long-term nominal organization (e.g., a highly rated Auction Rate Security is valued at par, maturity) or preferred stock; and municipal bond or a highly rated plus any accrued but unpaid interest; 5 (2) With an interest rate or dividend corporate bond); or (4) A certificate of (h) With respect to an in-kind that is reset at specific intervals through deposit insured by the Federal Deposit exchange described in section (I)(a) or a Dutch auction process; Insurance Corporation. Notwithstanding section II(a), the exchange involves the (c) The term ‘‘Beneficial Owner’’ the above, the term ‘‘Delivered transfer by a Plan of an Auction Rate means: the individual for whose benefit Security’’ shall not include any Auction Security in return for a Delivered Rate Security, or any related Auction Security, as such term is defined in 6 The Department notes that the Act’s general Rate Security, including derivatives or section IV(j), where: standards of fiduciary conduct also would apply to the transactions described herein. In this regard, securities materially comprised of Auction Rate Securities or any illiquid 5 This exemption does not address tax issues. The section 404 requires, among other things, that a Department has been informed by the Internal fiduciary discharge his duties respecting a plan securities. Revenue Service and the Department of the solely in the interest of the plan’s participants and For a more complete statement of the Treasury that they are considering providing beneficiaries and in a prudent manner. facts and representations supporting the limited relief from the requirements of sections Accordingly, a plan fiduciary must act prudently 72(t)(4), 401(a)(9), and 4974 of the Code with with respect to, among other things: (1) The Department’s decision to grant this respect to retirement plans that hold Auction Rate decision to exchange an Auction Rate Security for exemption, refer to the Notice of Securities. The Department has also been informed a Delivered Security; and (2) the negotiation of the Proposed Exemption published in the by the Internal Revenue Service that if Auction Rate terms of such exchange (or a cash sale or loan Federal Register on November 7, 2008 Securities are purchased from a Plan in a described above), including the pricing of such transaction described in sections I and II at a price securities. The Department further emphasizes that at 73 FR 66263. that exceeds the fair market value of those it expects plan fiduciaries, prior to entering into any FOR FURTHER INFORMATION CONTACT: securities, then the excess value would be treated of the transactions, to fully understand the risks Chris Motta of the Department, as a contribution for purposes of applying associated with these types of transactions applicable contribution and deduction limits under following disclosure by Baird of all relevant telephone (202) 693–8540. (This is not sections 219, 404, 408, and 415 of the Code. information. a toll-free number.)
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Raymond James & Associates, Inc., fiduciary in connection with the (4) The Delivered Security is Located in St. Petersburg, Florida. acquisition or holding of the Auction appropriate for the Plan and a security [Prohibited Transaction Exemption 2009–08; Rate Security that is the subject of the that the Plan is otherwise permitted to 9 Exemption Application Number D–11490] transaction; hold under applicable law; and (b) For transactions involving a Plan (5) The total value of the Auction Rate Exemption (including a Title II Only Plan) not Security (i.e., par plus any accrued but Section I. Transactions Involving Plans sponsored by Raymond James for its unpaid interest) is equal to the fair Described In Both Title I and Title II of own employees, the decision to enter market value of the Delivered Security; ERISA into the transaction is made by a Plan (i) With respect to a loan described in fiduciary who is Independent (as section I(b) or II(b): The restrictions of section defined in section IV(e)) of Raymond (1) The loan is documented in a 406(a)(1)(A) through (D) and section James. Notwithstanding the foregoing, written agreement containing all of the 406(b) of ERISA, and the sanctions an employee of Raymond James who is material terms of the loan, including the imposed by section 4975(a) and (b) of the Beneficial Owner of a Title II Only consequences of default; the Code, by reason of section 4975(c)(1) Plan may direct such Plan to engage in (2) The Plan does not pay an interest of the Code, shall not apply, effective a transaction described in section II, if rate that exceeds one of the following February 1, 2008, to the following all of the other conditions of this section three rates as of the commencement of transactions, if the conditions set forth III have been met; the loan: 7 in section III have been met: (c) The last auction for the Auction (A) The coupon rate for the Auction (a) The sale or exchange of an Auction Rate Security was unsuccessful; Rate Security; Rate Security (as defined in section IV (d) The Plan does not waive any rights (B) The Federal Funds Rate; or (b)) by a Plan (as defined in section or claims in connection with the loan or (C) The Prime Rate; IV(h)) to the Sponsor (as defined in sale as a condition of engaging in the (3) The loan is unsecured; and section IV (g)) of such Plan; or transaction; (4) The amount of the loan is not more (b) A lending of money or other (e) The Plan does not pay any fees or than the total par value of the Auction extension of credit to a Plan in commissions in connection with the Rate Securities held by the Plan. connection with the Plan’s holding of an transaction; Auction Rate Security, from: (1) (f) The transaction is not part of an IV. Definitions Raymond James & Associates, Inc. or arrangement, agreement or (a) The term ‘‘affiliate’’ means any any of its current or future affiliates or understanding designed to benefit a person directly or indirectly, through subsidiaries (Raymond James); (2) an party in interest; one or more intermediaries, controlling, Introducing Broker (as defined in (g) With respect to any sale described controlled by, or under common control section IV (f)); or (3) a Clearing Broker in section I(a) or section II(a): with such other person; (1) The Sale is for no consideration (as defined in section IV (d)); where the (b) The term ‘‘Auction Rate Security’’ other than cash payment against prompt loan is: (i) repaid in accordance with its or ‘‘ARS’’ means a security: delivery of the Auction Rate Security; terms; and (ii) guaranteed by the Plan (1) That is either a debt instrument Sponsor. and (2) For purposes of the sale, the (generally with a long-term nominal II. Transactions Involving Plans Auction Rate Security is valued at par, maturity) or preferred stock; and Described In Title II of ERISA Only plus any accrued but unpaid interest; 8 (2) With an interest rate or dividend that is reset at specific intervals through The sanctions resulting from the (h) With respect to an in-kind a Dutch auction process; application of section 4975(a) and (b) of exchange described in section (I)(a) or (c) The term ‘‘Beneficial Owner’’ the Code, by reason of section 4975(c)(1) section II(a), the exchange involves the means: the individual for whose benefit of the Code, shall not apply, effective transfer by a Plan of an Auction Rate the Title II Only Plan is established and February 1, 2008, to the following Security in return for a Delivered includes a relative or family trust with transactions, if the conditions set forth Security, as such term is defined in respect to such individual; in section III have been met: section IV(j), where: (d) The term ‘‘Clearing Broker’’ (a) The sale or exchange of an Auction (1) The exchange is unconditional; means: a member of a securities Rate Security by a Title II Only Plan (as (2) For purposes of the exchange, the exchange that acts as a liaison between defined in section IV(i)) to the Auction Rate Security is valued at par, an investor and a clearing corporation Beneficial Owner (as defined in section plus any accrued but unpaid interest; (3) The Delivered Security is valued at and that helps to ensure that a trade is IV(c)) of such Plan; or (b) A lending of money or other fair market value, as determined at the settled appropriately, that the extension of credit to a Title II Only time of the in-kind exchange by a third transaction is successfully completed Plan in connection with the Plan’s party pricing service or other objective source; 9 The Department notes that the Act’s general holding of an Auction Rate Security, standards of fiduciary conduct apply to the from: (1) Raymond James; (2) an 8 This exemption does not address tax issues. The transactions described herein. In this regard, section Introducing Broker; or (3) a Clearing Department has been informed by the Internal 404 requires, among other things, that a fiduciary Broker; where the loan is: (i) repaid in Revenue Service and the Department of the discharge his duties respecting a plan solely in the accordance with its terms and; (ii) Treasury that they are considering providing interest of the plan’s participants and beneficiaries limited relief from the requirements of sections and in a prudent manner. Accordingly, a plan guaranteed by the Beneficial Owner. 72(t)(4), 401(a)(9), and 4974 of the Code with fiduciary must act prudently with respect to, among other things: (1) The decision to exchange an III. Conditions respect to retirement plans that hold Auction Rate Securities. The Department has also been informed Auction Rate Security for a Delivered Security; and (a) Raymond James acted as a broker by the Internal Revenue Service that if Auction Rate (2) the negotiation of the terms of such exchange or dealer, non-bank custodian, or Securities are purchased from a Plan in a (or a cash sale or loan described above), including transaction described in sections I and II at a price the pricing of such securities. The Department that exceeds the fair market value of those further emphasizes that it expects plan fiduciaries, 7 For purposes of this exemption, references to securities, then the excess value would be treated prior to entering into any of the transactions, to section 406 of ERISA should be read to refer as well as a contribution for purposes of applying fully understand the risks associated with these to the corresponding provisions of section 4975 of applicable contribution and deduction limits under types of transactions following disclosure by the Code. sections 219, 404, 408, and 415 of the Code. Raymond James of all relevant information.
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and that is responsible for maintaining the application of section 4975 of the (j) The Sale is not part of an the paper work associated with the Code, by reason of section 4975(c)(1)(A) arrangement, agreement or clearing and executing of a transaction; through (D) of the Code, shall not apply, understanding designed to benefit a (e) The term ‘‘Independent’’ means a effective September 30, 2008, to the sale party in interest to the Plan; person who is: (1) Not Raymond James (the Sale) by a Plan (as defined in (k) NMIS and its affiliates, as or an affiliate; and (2) not a relative (as section II(d)) of an Auction Rate applicable, maintain, or cause to be defined in ERISA section 3(15)) of the Security (as defined in section II(b) to maintained, for a period of six (6) years party engaging in the transaction; Northwestern Mutual Investment from the date of the Sale such records (f) The term ‘‘Introducing Broker’’ Services, LLC (NMIS), provided that the as are necessary to enable the persons means: a registered broker that is able to following conditions are met: 10 described below in paragraph (l)(i), to perform all the functions of a broker (a) The Plan acquired the Auction determine whether the conditions of except for the ability to accept money, Rate Security (ARS) in connection with this exemption have been met, except securities, or property from a customer; brokerage services provided by NMIS; that— (g) The term ‘‘Sponsor’’ means: a plan (b) The last auction for the ARS was (i) No party in interest with respect to sponsor as described in section 3(16)(B) unsuccessful; a Plan which engages in a Sale, other of the Act and any Affiliates; (c) The Sale is made in connection than NMIS and its affiliates, as (h) The term ‘‘Plan’’ means: any plan with a written offer by NMIS (the Offer) applicable, shall be subject to a civil described in section 3(3) of the Act and/ containing all of the material terms of penalty under section 502(i) of the Act or section 4975(e)(1) of the Code; the Sale; or the taxes imposed by section 4975(a) (i) The term ‘‘Title II Only Plan’’ (d) The Sale is for no consideration and (b) of the Code, if such records are means: any plan described in section other than cash payment against prompt not maintained, or not available for 4975(e)(1) of the Code which is not an delivery of the ARS; examination, as required, below, by employee benefit plan covered by Title (e) The amount of the Sale is equal to paragraph (l)(i); and I of ERISA; (ii) A separate prohibited transaction (j) The term ‘‘Delivered Security’’ the greater of: (1) The fair market value of the ARS shall not be considered to have occurred means a security that is: (1) Listed on a solely because, due to circumstances national securities exchange (excluding as of the date of the Sale, as determined by a qualified, independent appraiser; beyond the control of NMIS or its OTC Bulletin Board-eligible securities affiliates, as applicable, such records are and Pink Sheets-quoted securities); or or lost or destroyed prior to the end of the (2) a U.S. Treasury obligation; or (3) A (2) The sum of the price paid by the six-year period; fixed income security that has a rating Plan for the ARS and any accrued but unpaid interest; 11 (l)(i) Except as provided below in at the time of the exchange that is in one paragraph (l)(ii), and notwithstanding of the two highest generic rating (f) The Plan does not waive any rights or claims in connection with the Sale; any provisions of subsections (a)(2) an categories from an independent (b) of section 504 of the Act, the records nationally recognized statistical rating (g) The decision to accept the Offer or retain the ARS is made by a Plan referred to above in paragraph (k) are organization (e.g., a highly rated unconditionally available at their municipal bond or a highly rated fiduciary or Plan participant or IRA customary location for examination corporate bond); or (4) A certificate of owner, who (in all cases) is Independent 12 during normal business hours by— deposit insured by the Federal Deposit (as defined in section II (c)) of NMIS; (h) Neither NMIS nor any affiliate (A) Any duly authorized employee or Insurance Corporation. Notwithstanding representative of the Department, the the above, the term ‘‘Delivered exercises investment discretion or renders investment advice [within the Internal Revenue Service, or the U.S. Security’’ shall not include any Auction Securities and Exchange Commission; Rate Security, or any related Auction meaning of 29 CFR 2510.3–21(c)] with respect to the decision to accept the or Rate Security, including derivatives or (B) Any fiduciary of any Plan that securities materially comprised of Offer or retain the ARS; (i) The Plan does not pay any engages in a Sale, or any duly Auction Rate Securities or any illiquid authorized employee or representative securities. commissions or transaction costs with respect to the Sale; of such fiduciary; or For a more complete statement of the (C) Any employer of participants and facts and representations supporting the beneficiaries and any employee Department’s decision to grant this 10 For purposes of this exemption, references to section 406 of ERISA should be read to refer as well organization whose members are exemption, refer to the Notice of to the corresponding provisions of section 4975 of covered by a Plan that engages in the Proposed Exemption published in the the Code. Sale, or any authorized employee or Federal Register on November 7, 2008 11 In the event that the fair market value of an representative of these entities; or at 73 FR 66266. ARS exceeds the sum of its par value plus any accrued, but unpaid, interest as of the date of the (D) Any IRA owner, participant or FOR FURTHER INFORMATION CONTACT : Sale, NMIS will credit the difference to the Plan, beneficiary of a Plan that engages in a Chris Motta of the Department, with interest equal to the Federal Funds rate plus Sale, or duly authorized employee or telephone (202) 693–8540. (This is not 125 basis points. representative of such IRA owner, a toll-free number.) 12 The Department notes that the Act’s general participant or beneficiary; standards of fiduciary conduct apply to the Northwestern Mutual Investment transactions described herein. In this regard, section (ii) None of the persons described Services, LLC, Located in Milwaukee, 404 requires, among other things, that a fiduciary above in paragraph (l)(i)(B)–(D) shall be Wisconsin. discharge his duties respecting a plan solely in the authorized to examine trade secrets of interest of the plan’s participants and beneficiaries NMIS, or commercial or financial [Prohibited Transaction Exemption 2009–09; and in a prudent manner. Accordingly, a plan information which is privileged or Exemption Application Number D–11505] fiduciary must act prudently with respect to, among other things, the decision to engage (or to not confidential; and Exemption engage) in a Sale. The Department further (iii) Should NMIS refuse to disclose emphasizes that it expects a plan fiduciary, prior to information on the basis that such Section I. Transactions entering into a Sale (or, alternately, prior to deciding to retain an ARS), to fully understand the information is exempt from disclosure, The restrictions of section 406(a) of risks associated with such a decision, following NMIS shall, by the close of the thirtieth the Act and the sanctions resulting from disclosure by NMIS of all relevant information. (30th) day following the request,
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provide a written notice advising that General Information transaction which is the subject of the exemption. person of the reasons for the refusal and The attention of interested persons is that the Department may request such directed to the following: Signed at Washington, DC, this 24th day of information. (1) The fact that a transaction is the February 2009. Section II. Definitions subject of an exemption under section Ivan Strasfeld, 408(a) of the Act and/or section Director of Exemption Determinations, (a) The term ‘‘affiliate’’ means: any 4975(c)(2) of the Code does not relieve Employee Benefits Security Administration, person directly or indirectly, through a fiduciary or other party in interest or U.S. Department of Labor. one or more intermediaries, controlling, disqualified person from certain other [FR Doc. E9–4235 Filed 2–26–09; 8:45 am] controlled by, or under common control provisions to which the exemption does BILLING CODE 4510–29–P with such other person; not apply and the general fiduciary (b) The term ‘‘Auction Rate Security’’ responsibility provisions of section 404 or ‘‘ARS’’ means a security: of the Act, which among other things MILLENNIUM CHALLENGE (1) That is either a debt instrument require a fiduciary to discharge his CORPORATION (generally with a long-term nominal duties respecting the plan solely in the maturity) or preferred stock; and interest of the participants and [MCC 09–07] beneficiaries of the plan and in a (2) With an interest rate or dividend Notice of Quarterly Report (October 1, prudent fashion in accordance with that is reset at specific intervals through 2008–December 31, 2008) a Dutch auction process; section 404(a)(1)(B) of the Act; nor does (c) The term ‘‘Independent’’ means a it affect the requirement of section AGENCY: Millennium Challenge person who is: (1) not NMIS or an 401(a) of the Code that the plan must Corporation. affiliate; and (2) not a relative (as operate for the exclusive benefit of the ACTION: Notice. defined in ERISA section 3(15)) of the employees of the employer maintaining party engaging in the transaction; and the plan and their beneficiaries; SUMMARY: The Millennium Challenge (2) This exemption is supplemental to (d) The term ‘‘Plan’’ means: any plan Corporation (MCC) is reporting for the and not in derogation of, any other described in section 3(3) of the Act and/ quarter October 1, 2008 through provisions of the Act and/or the Code, or section 4975(e)(1) of the Code. December 31, 2008 respect to both including statutory or administrative assistance provided under Section 605 For a more complete statement of the exemptions and transactional rules. of the Millennium Challenge Act of facts and representations supporting the Furthermore, the fact that a transaction 2003 (Pub.L. 108–199, Division D (the Department’s decision to grant this is subject to an administrative or Act)), and transfers or allocations of exemption, refer to the Notice of statutory exemption is not dispositive of funds to other federal agencies pursuant Proposed Exemption published in the whether the transaction is in fact a to Section 619(b) of the Act. The Federal Register on November 7, 2008 prohibited transaction; and following report shall be made available at 73 FR 66268. (3) The availability of this exemption to the public by means of publication in FOR FURTHER INFORMATION CONTACT: is subject to the express condition that the Federal Register and on the Internet Chris Motta of the Department, the material facts and representations Website of the MCC (http:// telephone (202) 693–8540. (This is not contained in the application accurately www.mcc.gov) in accordance with a toll-free number.) describes all material terms of the Section 612(b) of the Act.
ASSISTANCE PROVIDED UNDER SECTION 605
Cumulative Projects Obligated Objectives disbursements Measures
Country: Madagascar Year: 2009 Quarter 1 Total Obligation: $109,773,000 Entity to which the assistance is provided: MCA Madagascar Total Quarterly Disbursement: $6,222,776
Land Tenure Project ...... $36,028,000 Increase Land Titling and $17,142,693 Legislative proposal reflecting the National Land Security. Tenure Program submitted to Parliament and passed. Number of land disputes reported and resolved in the target zones and sites of implementation. Percentage of land documents inventoried, restored, and/or digitized. Average time and cost required to carry out property transactions. Percent of reported land conflicts resolved on titled land in zone 3, 4, 5 during the title regularization operations. Percentage of land in the zones that is demarcated and ready for titling. Finance Project ...... $32,445,000 Increase Competition in $14,549,224 The number of savings accounts and outstanding the Financial Sector. value of accounts from primary banks. Maximum check clearing delay. Volume of funds in payment system and number of transactions. Increased public awareness of new financial instru- ments as measured by surveys within intervention zones and large towns.
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ASSISTANCE PROVIDED UNDER SECTION 605—Continued
Cumulative Projects Obligated Objectives disbursements Measures
The amount of government debt issued with matu- rities in excess of 52 weeks. The number of new individual investors buying gov- ernment debt securities. The number of bank branches of the Central Bank of Madagascar capable of accepting auction tenders. Percentage of all loans included in the central data- base. Agricultural Business In- $17,683,000 Improve Agricultural Pro- $9,762,473 Number of rural producers receiving or soliciting in- vestment Project. jection Technologies formation from Agricultural Business Centers and Market Capacity in about the opportunities. Rural Areas. Intervention zones identified and description of beneficiaries within each zone submitted. Number of visitors receiving information from Na- tional Coordinating Center with respect to busi- ness opportunities. Change in farm income due to improved production and marketing practices. Change in enterprise income due to improved pro- duction and marketing practices. Number of farmers and business employing tech- nical assistance received. Program Administration * $23,617,000 ...... $14,351,711 and Control, Monitoring and Evaluation. Pending subsequent re- ...... $460,963 ports **.
* Program administration funds are used to pay items such as salaries, rent, and the cost of office equipment. ** These amounts represent disbursements made that will be allocated to individual projects in the subsequent quarter(s) and reported as such in subsequent quarterly report(s).
Country: Honduras Year: 2009 Quarter 1 Total Obligation: $215,000,000 Entity to which the assistance is provided: MCA Honduras Total Quarterly Disbursement: $15,297,903
Rural Development Project $52,344,239 Increase the productivity $24,866,742 Increase in farm income resulting from Rural Devel- and business skills of opment Project. farmers who operate Funds lent by MCA-Honduras to financial institu- small and medium-size tions. farms and their employ- Increase in employment income resulting from Rural ees. Development Project. Number of Program farmers harvesting high-value horticulture crops. Number of hectares harvesting high-value horti- culture crops. Transportation Project ...... $147,299,772 Reduce transportation $19,263,386 Freight shipment cost from Tegucigalpa to Puerto costs between targeted Cortes. production centers and Price of basic food basket. national, regional and Number of days per year road is passable. global markets. Program Administration * $15,355,989 ...... $4,552,618 and Control, Monitoring and Evaluation. Pending subsequent re- ...... $1,559,688 ports **.
Country: Cape Verde Year: 2009 Quarter 1 Total Obligation: $110,078,488 Entity to which the assistance is provided: MCA Cape Verde Total Quarterly Disbursement: $7,794,448
Watershed and Agricultural $11,001,130 Increase agricultural pro- $4,035,499 Increase in horticultural productivity. Support. duction in three tar- Increase in annual income. geted watershed areas Value-added for farms and agribusiness. on three islands. Infrastructure Improvement $83,160,208 Increase integration of the $23,417,059 Volume of goods shipped between Praia and other internal market and re- islands. duce transportation Mobility Ratio: Percentage of beneficiary population costs. who take at least 5 trips per month. Savings on transport costs from improvements.
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ASSISTANCE PROVIDED UNDER SECTION 605—Continued
Cumulative Projects Obligated Objectives disbursements Measures
Private Sector Develop- $2,081,223 Spur private sector devel- $468,509 Value added in priority sectors above current trends. ment. opment on all islands Volume of private investment in priority sectors through increased in- above current trends. vestment in the priority sectors and through fi- nancial sector reform. Program Administration * $13,835,927 ...... $6,578,966 and Control, Monitoring and Evaluation. Pending subsequent re- ...... $333,611 ports **.
Country: Nicaragua Year: 2009 Quarter 1 Total Obligation: $174,710,890 Entity to which the assistance is provided: MCA Nicaragua Total Quarterly Disbursement: $9,834,608
Property Regularization $22,000,000 Increase Investment by $5,800,844 Value of investment on land. Project. strengthening property Value of urban land. rights. Value of rural land. Number of days to conduct a land transaction. Total cost to conduct a land transaction. Transportation Project ...... $105,193,200 Reduce transportation $14,886,975 Price of a basket of goods. costs between Leon Travel Time. and Chinandega and national, regional and global markets. Rural Business Develop- $32,897,500 Increase the value added $13,344,818 Annual percentage increase in value-added of cli- ment Project. of farms and enter- ents of business office. prises in the region. Number of jobs created. Number of program farm plots harvesting higher- value crops or reforesting under improvement of Water Supply Activities. Program Administration *, $14,620,190 ...... $7,915,248 Due Diligence, Moni- toring and Evaluation. Pending subsequent re- ...... $1,869,184 ports **.
Country: Georgia Year: 2009 Quarter 1 Total Obligation: $295,300,000 Entity to which the assistance is provided: MCA Georgia Total Quarterly Disbursement: $9,951,861
Regional Infrastructure Re- $216,600,000 Key Regional Infrastruc- $51,180,914 Reduction in Akhalkalaki-Ninotsminda-Teleti journey habilitation. ture Rehabilitated. time. Reduction in vehicle operating costs. Increase in internal regional traffic volumes. Decreased technical losses in gas through the main North-South pipeline. Reduction in the production of greenhouse gas emissions measured in tons of CO2 equivalent. Increased collection rate of the Georgian Gas Com- pany (GOGC). Number of household beneficiaries served by Re- gional Infrastructure Development projects. Actual operations and maintenance expenditures. Regional Enterprise Devel- $47,350,000 Enterprises in Regions $23,617,178 Increase in annual revenue in portfolio companies. opment. Developed. Increase in number of portfolio company employees and number of local suppliers. Increase in portfolio companies’ wages and pay- ments to local suppliers. Jobs created. Increase in aggregate incremental net revenue to project assisted firms. Direct household net income. Direct household net income for market information initiative beneficiaries. Number of beneficiaries. Program Administration *, $31,350,000 ...... $12,009,936 Due Diligence, Moni- toring and Evaluation. Pending subsequent re- ...... ¥$3,693,439 ports **.
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ASSISTANCE PROVIDED UNDER SECTION 605—Continued
Cumulative Projects Obligated Objectives disbursements Measures
Country: Vanuatu Year: 2009 Quarter 1 Total Obligation: $65,690,000 Entity to which the assistance is provided: MCA Vanuatu Total Quarterly Disbursement: $1,775,827
Transportation Infrastruc- $60,587,816 Facilitate transportation to $23,857,941 Number of Tourists. ture Project. increase tourism and Number of days per year road is closed. business development. Number of S–W Bay, Malekula flights cancelled per year due to flooding. Vessel wait time at wharf. Program Administration *, $5,102,184 ...... $3,958,043 Due Diligence, Moni- toring and Evaluation. Pending subsequent re- ...... ¥$1,879,728 ports **.
Country: Armenia Year: 2009 Quarter 1 Total Obligation: $235,650,000 Entity to which the assistance is provided: MCA Armenia Total Quarterly Disbursement: $4,237,885
Irrigated Agriculture Project $145,080,000 Increase agricultural pro- $14,866,835 Increase in hectares covered by high value added (Agriculture and Water). ductivity Improve and horticultural and fruit crops. Quality of Irrigation. Percentage of respondents satisfied with irrigation services. Share of Water User Association water charges as percentage of Water User Association annual op- erations and maintenance costs. Number of farmers using improved on-farm water management practices. Annual increase in irrigated land in Project area. State budget expenditures on maintenance of irriga- tion system. Value of loans provided under the project. Rural Road Rehabilitation $67,100,000 Better access to eco- $7,478,640 Government budgetary allocations for routine main- Project. nomic and social infra- tenance of the entire road network. structure. Average daily traffic in Project area. Kilometers of Package 1 road sections rehabilitated. Kilometers of Package 2 road sections rehabilitated. Kilometers of Package 3 road sections rehabilitated. Program Administration *, $23,470,000 ...... $5,858,227 Due Diligence, Moni- toring and Evaluation. Pending subsequent re- ...... $227,775 ports **.
Country: Benin Year: 2009 Quarter 1 Total Obligation: $307,298,040 Entity to which the assistance is provided: MCA Benin Total Quarterly Disbursement: $1,503,595
Access to Financial Serv- $19,650,000 Expand Access to Finan- $1,352,393 Operational self-sufficiency of participating micro- ices. cial Services. finance institutions. Number of microfinance institutions supervised by the microfinance cellule. Total incremental increase in value of new credit ex- tended and savings received by financial institu- tions participating in the project. Share value of all loans outstanding that have one or more installments of principal over 30 days past due. Total number of loans guaranteed by land titles per year. Access to Justice ...... $34,270,000 Improved Ability of Justice $1,127,987 Number of cases processed at the arbitration cen- System to Enforce Con- ter. tracts and Reconcile Percentage of all cases in the ‘‘Tribunal de Pre- Claims. miere Instance’’ courts per year. Percentage of all cases resolved in court of appeals per year. Average distance to reach TPI. Number of enterprises registered through the reg- istration center. Average number of days required to register an en- terprise.
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ASSISTANCE PROVIDED UNDER SECTION 605—Continued
Cumulative Projects Obligated Objectives disbursements Measures
Access to Land ...... $36,020,000 Strengthen property rights $7,589,679 Total value of additional investments in target rural and increase invest- land parcels. ment in rural and urban Total value of additional investments in target urban land. land parcels. Access to Markets ...... $169,447,000 Improve Access to Mar- $4,411,156 Total metric tons of exports and imports passing kets through Improve- through Port of Cotonou per year. ments to the Port of Cotonou. Program Administration *, $47,911,040 ...... $10,458,375 Due Diligence, Moni- toring and Evaluation. Pending subsequent re- ...... $960,420 ports **.
Country: Ghana Year: 2009 Quarter 1 Total Obligation: $547,009,000 Entity to which the assistance is provided: MCA Ghana Total Quarterly Disbursement: $11,512,323
Agriculture Project ...... $240,984,001 Enhance Profitability of $20,101,632 Number of hectares irrigated. cultivation, services to Number of days to conduct a land transaction. agriculture and product Number of land disputes in the pilot registration dis- handling in support of tricts. the expansion of com- Registration of land rights in the pilot registration mercial agriculture districts. among groups of Metric tons of products passing through post-har- smallholder farms. vest treatment. Portfolio-at-risk of agriculture loan fund. Value of loans disbursed to clients from agricultural loan fund. Number of additional loans. Vehicle operating costs on minor, medium and major rehabilitated roads. Rural Development ...... $101,288,000 Strengthen the rural insti- $973,565 Time/quality per procurement. tutions that provide Score card of citizen satisfaction with services. services complemen- Gross enrollment rates. tary to, and supportive Gender parity in school enrollment. of, agricultural and agri- Distance to collect water. culture business devel- Time to collect water. opment. Distance to sanitation facility. Travel time to sanitation facility. Incidence of guinea worm, diarrhea or bilharzias. Average number of days lost due to guinea worm, diarrhea or bilharzias. Percentage of households, schools, and agricultural processing plants in target districts with electricity. Number of inter-bank transactions. Value of deposit accounts in rural banks. Transportation ...... $143,104,000 Reduce the transportation $2,723,420 Volume capacity ratio. costs affecting agri- Vehicles per hour at peak hour. culture commerce at Travel time at peak hour. sub-regional levels. International roughness index. Annual average daily vehicle and passenger traffic. Program Administration *, $61,632,999 ...... $11,349,979 Due Diligence, Moni- toring and Evaluation. Pending subsequent re- ...... $1,341,715 ports **.
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ASSISTANCE PROVIDED UNDER SECTION 605—Continued
Cumulative Projects Obligated Objectives disbursements Measures
Country: El Salvador Year: 2009 Quarter 1 Total Obligation: $460,940,000 Entity to which the assistance is provided: MCA El Salvador Total Quarterly Disbursement: $4,583,638
Human Development $95,073,000 Increase human and $1,101,729 Number of students enrolled in the Chalatenango Project. physical capital of resi- Center functioning as a MEGATEC institute. dents of the Northern Graduation rate of students enrolled in the Zone to take advantage Chalatenango Center functioning as a MEGATEC of employment and institute. business opportunities. Number of students enrolled in participating middle technical schools. Graduation rate of students enrolled in participating middle technical schools. Number of students enrolled in non-formal training activities. Graduation rate of students enrolled in non-formal training activities. Number of households with access to water in the Northern Zone. Number of households with access to basic sanita- tion in the Northern Zone. Number of households with electricity in the North- ern Zone. Number of individuals that benefit annually from the strategic infrastructure projects. Productive Development $87,466,000 Increase production and $2,446,413 Investment in productive chains by selected bene- Project. employment in the ficiaries. Northern Zone. Connectivity Project ...... $233,560,000 Reduce travel cost and $364,100 Weighted average of the International Roughness time within the Northern Index for the rehabilitation of the Transnational Zone, with the rest of Highway. the country, and within Weighted average of the International Roughness the region. Index for the rehabilitation of the network of con- necting roads. Program Administration * $44,841,000 ...... $5,120,171 and Control, Monitoring and Evaluation. Pending Subsequent Re- ...... $8,035,440 port **.
Country: Mali Year: 2009 Quarter 1 Total Obligation: $460,811,164 Entity to which the assistance is provided: MCA Mali Total Quarterly Disbursement: $6,499,300
Bamako Se´nou Airport Im- $181,444,264 Establish an independent $1,673,194 Number of weekly flight arrivals and departures. provement Project. and secure link to the Average time for passengers to complete depar- regional and global tures and arrivals procedures. economy. Industrial Park Project ...... $2,643,432 Develop a platform for in- $2,438,070 Occupancy level. dustrial activity to be lo- Average number of days required for operator to cated within the Airport connect to Industrial Park water and electricity domain. services. Alatona Irrigation Project .. $234,884,675 Increase the agricultural $4,031,870 Weighted average of the International Roughness production and produc- Index for the rehabilitation of the Niono-Goma tivity in the Alatona Coura road. zone of the ON. Annual average daily count of vehicles on the Niono-Goma Coura road. Total amount of land irrigated by the Project in the Alatona zone. Average water volume delivered at the farm level in the Alatona zone. Crop water requirements as a percentage share of water supply at the canal headworks in the Alatona Zone. Number of 5 and 10 hectare farm plots allocated in the Alatona zone. Total market garden parcels allocated in the Alatona zone. Number of titles registered in the land registration office granted to households in the Alatona zone. Number of students enrolled in schools established by the Project.
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ASSISTANCE PROVIDED UNDER SECTION 605—Continued
Cumulative Projects Obligated Objectives disbursements Measures
Graduation rate of students enrolled in schools es- tablished by the Project. Number of farms adopting at least one new exten- sion technique as a percentage of all farms re- ceiving technical assistance under the Project. Total amount of credit extended in loan portfolios by participating microfinance institutions and banks in the Alatona zone. Number of active clients of microfinance institutions and banks in the Alatona zone. Program Administration * $41,838,793 ...... $8,742,254 and Control, Monitoring and Evaluation. Pending Subsequent Re- ...... ¥$85,257 port **.
Country: Mongolia Year: 2009 Quarter 1 Total Obligation: $284,911,363 Entity to which the assistance is provided: MCA Mongolia Total Quarterly Disbursement: $1,125,722
Property Rights Project ..... $23,062,286 Increase security and $22,989 Immovable property value of hashaa plots capitalization of land Households accessing bank credit assets held by lower-in- Hashaa plots directly registered by the Property come Mongolians, and Rights Project increased peri-urban Income of herder households on long-term lease herder productivity and land incomes. Herd mortality rate Number of herder groups adopting intensive/semi- intensive farm management techniques Rail Project ...... $188,378,000 Increase rail traffic and $0 Increase in GDP due to rail improvements. shipping efficiency. Freight turnover. Mine traffic. Percent of wagons leased by private firms. Railway operating ratio. Customer satisfaction. Wagon time to destination. Average locomotive availability. Vocational Education $25,512,856 Increase employment and $33,773 Annual salary. Project. income among unem- Rate of employment. ployed and under- Non-governmental funding of vocational education. employed Mongolians. Students completing newly designed long-term pro- grams. Certified vocational education teachers. Percent of active teachers receiving certification training. Health Project ...... $17,027,119 Increase the adoption of $110,204 Diabetes and hypertension controlled. behaviors that reduce Cervical cancer prevention. non-communicable dis- Percentage of cancer cases diagnosed in early eases (NCDIs) among stages. target populations and Percentage of those with known diagnosis of hyper- improved medical treat- tension/diabetes out of all actual cases in adult ment and control of population. NCDIs. Women screened for breast and cervical cancer. Counseling for diabetes and hypertension. Program Administration * $30,931,102 ...... $2,615,561 and Control, Monitoring and Evaluation. Pending subsequent re- ...... $0 ports **.
Country: Mozambique Year: 2009 Quarter 1 Total Obligation: $506,924,053 Entity to which the assistance is provided: MCA Mozambique Total Quarterly Disbursement: $2,662,982
Water and Sanitation $203,585,393 Increase access to reli- $0 Value of productive days gained due to less diar- Project. able and quality water rhea, cholera and/or malaria. and sanitation facilities. School attendance days gained due to less diar- rhea, cholera and/or malaria. Number (Percent) of businesses with access to im- proved water sources.
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ASSISTANCE PROVIDED UNDER SECTION 605—Continued
Cumulative Projects Obligated Objectives disbursements Measures
Reduction in time for rural/urban households to ac- cess improved water sources. Number (Percent) of urban households with access to improved water sources. Number (Percent) of rural households with access to improved water sources. Number (Percent) of urban households with access to improved sanitation facilities. Road Rehabilitation Project $176,307,480 Increase access to pro- $5,325 Increase in agricultural production among commu- ductive resources and nities affected by road rehabilitation works. markets. Increase in the number of new businesses within 5 km of rehabilitated roads. Reduction in vehicle operating costs as a result of rehabilitated roads. Time savings due to a reduction in time to travel a fixed length of rehabilitated road. Weighted average of the International Roughness Index for the rehabilitated roads. Average annual daily traffic volume on rehabilitated roads disaggregated by vehicle type. Land Tenure Services $39,068,307 Establish efficient, secure $49,186 Increase (Percent) in value of new investments on Project. land access for house- land. holds and investors. Number of new businesses. Reduction (Percent) in time to right to land usage. More efficient, free and secure land transfers/trans- actions. Increase (Percentage) in parcel-holder land value. Reduction (Percent) in costs to right to land usage. Farmer Income Support $17,432,211 Improve coconut produc- $144,441 Reduction (Percentage) in loss of coconut produc- Project. tivity and diversification tion and coconut products’ sales. into cash crop. Increased income (Percentage) from sales from intercropping activities to small farm plot holders. Increased number (Percentage) of live coconut trees. Increased productive capacity (Percentage) of coco- nut trees. Program Administration * $70,530,662 ...... $3,753,079 and Control, Monitoring and Evaluation. Pending Subsequent Re- ...... $28,481 port **.
Country: Lesotho Year: 2009 Quarter 1 Total Obligation: $362,551,000 Entity to which the assistance is provided: MCA Lesotho Total Quarterly Disbursement: $2,826,528
Water Project ...... $164,027,584 Improve the water supply $653,612 Increased urban access to potable water supply. for industrial and do- Increase in volume of water delivered after treat- mestic needs, and en- ment at Metolong site. hance rural livelihoods Decrease in percentage of urban water that is not through improved wa- accounted for (non-revenue losses plus physical tershed management. losses). Number of people covered per year in rural areas with MCC funded rural water supply. Number of new VIP latrines provided to households. Health Project ...... $122,398,000 Increase access to life-ex- $1,209,155 Increase in the percentage of health facilities pro- tending ART and es- viding full package of standard services for level sential health services of center (MoHSW 2007 standard). by providing a sustain- Increase in TB treatment success rate. able delivery platform. Increase in the percentage of health facilities staffed with standard number and type of qualified staff (MoHSW 2007 standard). Increase in the number of patients treated in health centers in Lesotho. Increase in immunization rate (measles). Number of people receiving ARV treatment (num- ber). Increase in annual enrollment at National Health Training College. Increase in average referred tests performed at the central laboratory per quarter during the past year.
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ASSISTANCE PROVIDED UNDER SECTION 605—Continued
Cumulative Projects Obligated Objectives disbursements Measures
Increase in average number of blood units collected per quarter during the past year. Private Sector Develop- $36,508,000 Stimulate investment by $612,043 Increase in the percentage of the adult population ment Project. improving access to listed by a private credit bureau with current infor- credit, reducing trans- mation on repayment history, unpaid debts or action costs and in- credit outstanding. creasing the participa- Increase in the number of payments associated with tion of women in the salaries and pensions made through EFT per economy. year. Land used as collateral (number of mortgage bonds registered). Land transaction costs (percent of property value). Land transaction times (median number of days necessary to complete a procedure). Increase in the number of pending civil cases in the High Court. Gender equality index (percent change in index of knowledge, attitudes, and practices for supporting gender equality in economic rights). Program Administration * $39,917,416 ...... $4,981,073 and Control, Monitoring and Evaluation. Pending Subsequent Re- ...... ¥$619,361 port **.
Country: Morocco Year: 2009 Quarter 1 Total Obligation: $697,500,000 Entity to which the assistance is provided: MCA Lesotho Total Quarterly Disbursement: $1,671,198
Fruit Tree Productivity ...... $305,646,685 Reduce volatility of agri- $1,174,399 Total annual volume of production of dates and ol- cultural production and ives. increase volume of fruit Cropped area covered by olive trees. agricultural production. Survival rate of newly planted olive trees after 2 years project-supported establishment period. Yield of rehabilitated olive trees. Cropped area covered by date trees. Yield of rehabilitated date palms. Small Scale Fisheries ...... $115,344,499 Improve quality of fish $0 State of fish stock. moving through domes- Domestic fish consumption level. tic channels and assure Fisherman net revenue. the sustainable use of Average fisherman sales price at PDA. fishing resources. Volume sold at wholesale markets. Fish sale price. Average sales price. Volume of sales among mobile fish vendors. Artisan and Fez Medina .... $106,285,975 Increase value added to $0 Average revenue of potters receiving Artisan Pro- tourism and artisan duction Activity. sectors. Employment and wages among Project graduates. Tourist arrivals. Artisan profits (artisans engaged in product finishing and points of sale). Employment created. SME value added. Financial Services ...... $46,186,346 Increase supply and de- $0 Gross loan portfolio outstanding of microcredit asso- crease costs of finan- ciations. cial services available Portfolio at risk >30 days ratio. to microenterprises. Operating Expense Ratio. Enterprise Support ...... $35,478,707 Improved survival rate of $0 Average annual sales of participating businesses. new SMEs and INDH- Survival rate of participating businesses. funded income gener- ating activities; in- creased revenue for new SMEs and INDH- funded income gener- ating activities. Program Administration * $88,557,788 ...... $1,260,272 and Control, Monitoring and Evaluation. Pending Subsequent Re- $0 ...... $12,420 port **.
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ASSISTANCE PROVIDED UNDER SECTION 605—Continued
Cumulative Projects Obligated Objectives disbursements Measures
Country: Tanzania Year: 2009 Quarter 1 Total Obligation: $698,136,000 Entity to which the assistance is provided: MCA Tanzania Total Quarterly Disbursement: $419,516
Energy Sector ...... $206,471,000 Increase value added to $0 TBD. businesses. Transport Sector ...... $372,776,000 Increase cash crop rev- $0 TBD. enue and aggregate visitor spending. Water Sector Project ...... $67,135,000 Increase investment in $0 TBD. human and physical capital and to reduce the prevalence of water-related disease. Program Administration * $51,754,000 ...... $838,527 and Control, Monitoring and Evaluation. Pending Subsequent Re- $0 ...... ¥$103,825 port **.
Country: Burkina Faso (CIF ONLY) Year: 2009 Quarter 1 Total Obligation: $16,101,065 Entity to which the assistance is provided: MCA Burkina Faso Total Quarterly Disbursement: ¥$1,715,817
Roads Project ...... $337,983 Enhance access to mar- $0 TBD. kets through invest- ments in the road net- work. Rural Land Governance $1,105,412 Increase investment in $0 TBD. Project. land and rural produc- tivity through improved land tenure security and land management. Agriculture Development $4,771,602 Expand the productive $0 TBD. Project. use of land in order to increase the volume and value of agricultural production in project zones. Bright 2 Schools Project ... $3,000,000 Increase primary school $1,000,000 TBD. completion rates. Program Administration * $6,886,068 ...... $547,240 and Control, Monitoring and Evaluation. Pending Subsequent Re- ...... ¥$2,477 port **.
* For Quarterly Disbursements, the Bright 2 Schools Project has a negative value due to new OMB guidance to transfer this amount to USAID. This adjustment resulted in a $2 million decrease in cumulative disbursements for this country.
Country: Namibia (CIF ONLY) Year: 2009 Quarter 1 Total Obligation: $19,543,175 Entity to which the assistance is provided: MCA Namibia Total Quarterly Disbursement: $0
Education Project ...... $8,976,296 Improve the education $0 TBD. sector’s effectiveness, efficiency and quality. Tourism Project ...... $2,475,145 Increase incomes and $0 TBD. create employment op- portunities by improving the marketing, manage- ment and infrastructure of Etosha National Park. Agriculture Project ...... $1,369,139 Sustainably improve the $0 TBD. economic performance and profitability of the livestock sector and in- crease the volume of the indigenous natural products for export. Program Administration * $6,722,595 ...... $0 and Control, Monitoring and Evaluation.
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ASSISTANCE PROVIDED UNDER SECTION 605—Continued
Cumulative Projects Obligated Objectives disbursements Measures
Pending Subsequent Re- ...... $0 port **.
* Program administration funds are used to pay items such as salaries, rent, and the cost of office equipment. ** These amounts represent disbursements made that will be allocated to individual projects in the subsequent quarter(s) and reported as such in subsequent quarterly report(s). 619(b) Transfer or Allocation of Funds U.S. agency to which funds were transferred or allocated Amount Description of program or project
USAID ...... $558,000 Threshold Program.
Dated: February 18, 2009. the ‘‘Stony Point Site,’’ (D) a reduced SUPPLEMENTARY INFORMATION: The James Mazzarella, intensity casino/hotel project on the proposed federal action is the NIGC’s Managing Director, Congressional Affairs, ‘‘Stony Point’’ site, (E) an alternate use approval of a gaming management Acting Vice President, Congressional and project on the ‘‘Stony Point’’ site, (F) a contract between the Graton Rancheria Public Affairs, Millennium Challenge casino/hotel project on the ‘‘Lakeville and SC Sonoma Management LLC. The Corporation. Site,’’ (G) a no proposed project/action approval of the gaming management [FR Doc. E9–4255 Filed 2–26–09; 8:45 am] alternative, and (H) a reduced intensity contract would result in the BILLING CODE 9211–03–P casino/hotel on the ‘‘Wilfred Site.’’ This development of a resort hotel, casino, notice advises the public that the NIGC and supporting facilities. The facility has filed the FEIS with the U.S. will be managed by SC Sonoma DEPARTMENT OF THE INTERIOR Environmental Protection Agency Management LLC on behalf of the (EPA). Graton Rancheria, pursuant to the terms National Indian Gaming Commission In accordance with Section 176 of the of a gaming management contract. Clean Air Act 42 U.S.C. 7506, and the The NIGC has afforded other Notice of Availability of a Final EPA general conformity regulations 40 government agencies and the public Environmental Impact Statement and a CFR part 93, subpart B, a Final extensive opportunity to participate in Final Conformity Determination for the Conformity Determination (FCD) has the preparation of this FEIS. The NIGC Proposed Federated Indians of the been prepared for the proposed project. published a Notice of Intent (NOI) in the Graton Rancheria Casino and Hotel The FCD is contained within Appendix Federal Register on February 12, 2004, Project, Sonoma County, CA W of the FEIS. briefly describing the proposed project/ AGENCY: National Indian Gaming DATES: Pursuant to the Council on action and announcing the NIGC’s Commission (NIGC), Interior. Environmental Quality (CEQ) NEPA intent to prepare an EIS. The CEQ ACTION: Notice of Availability (NOA). Regulations (40 CFR 1506.10), the Regulations for implementing NEPA publication of this NOA in the Federal require a process, referred to as SUMMARY: In accordance with Section Register initiates a 30-day waiting ‘‘scoping,’’ for determining the range of 102(2)(C) of the National Environmental period for the Federal decision. Thus, a environmental issues to be addressed Policy Act (NEPA) 42 U.S.C. 4321 et Record of Decision (ROD) on the during the environmental review of a seq., the NIGC, in cooperation with the proposed project/action will be issued proposed project/action (40 CFR Federated Indians of the Graton no sooner than 30 days after the release 1501.7). The scoping process included Rancheria (the ‘‘Graton Rancheria’’), has of the FEIS. an initial determination of prepared a Final Environmental Impact FOR FURTHER INFORMATION CONTACT: For environmental issues to be studied and Statement (FEIS) for a proposed casino further information or to request a copy documented in the EIS by soliciting and hotel project/action to be located in of the FEIS, please contact: Brad comments from agencies, organizations Sonoma County, California. The Mehaffy, NEPA Compliance Officer, and individuals. During the scoping purpose of the proposed project/action National Indian Gaming Commission, process, the NIGC solicited comments is to help address the socio-economic 1441 L Street, NW., Suite 9100, from the general public (providing a 50- needs of the Graton Rancheria. The FEIS Washington DC 20005, Phone: (202) day comment period and including a includes an analysis of potential 632–7003, Ext. 256, Fax: (202) 632– public hearing) and offered Cooperating environmental impacts on those 7066, E-mail: [email protected]. Agency status to both Federal and non- resources as a result of implementing The FEIS is available for public Federal agencies, including the Bureau each of the alternatives. A Response to review at the Rohnert Park—Cotati of Indian Affairs (BIA), the EPA, the Comments document is included within Regional Library and Santa Rosa Central U.S. Army Corps of Engineers (USACE), the FEIS which provides agency Library, general information, including the California Department of responses to substantive environmental directions and office hours is available Transportation (Caltrans), the U.S. Fish comments raised during the DEIS online at: http://www.sonoma.lib.ca.us/ and Wildlife Service (USFWS), the comment period. The alternatives branches/ or by calling (707) 584–9121 California Department of Fish and Game considered in detail within the FEIS are: for the Rohnert Park—Cotati Regional (CDFG) and the County of Sonoma. An (A) A casino/hotel project on the Library or (707) 545–0831 for the Santa EIS Scoping Report was published in ‘‘Wilfred Site’’ (the proposed project/ Rosa Central Library. The FEIS can also August 2004, which summarized public action), (B, C) a casino/hotel project on be viewed at http://www.gratoneis.com. scoping comments and identified the
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BIA, USACE, Caltrans, and Sonoma CA and April 5, 2007 at the Wells Fargo teleconference was required to review the County as cooperating agencies. Due to Performing Arts Center, Santa Rosa, CA. draft annual report before the March 15 a change in project alternatives, the Eight alternatives are evaluated in submission. NIGC released a supplemental NOI detail in the FEIS, including Purpose of Meeting: To provide advice and recommendations to the National Science (Federal Register September 29, 2005) development on one of three Foundation (NSF), the National Aeronautics and Scoping Report (January 2006). alternatives sites (Wilfred, Stony Point, and Space Administration (NASA) and the A NOA for the Draft Environmental and Lakeville) and a no action U.S. Department of Energy (DOE) on issues Impact Statement (DEIS) was published alternative. Based on comments within the field of astronomy and in the Federal Register on March 9, received by cooperating agencies and at astrophysics that are of mutual interest and 2007. The DEIS addressed the issues the request of the Tribe, a full, detailed concern to the agencies. and concerns summarized within the analysis of an eighth alternative Agenda: To discuss the Committee’s draft annual report due 15 March 2009. scoping reports, to the extent required (Alternative H) has been added to the by NEPA. Seven alternatives were FEIS analysis. Alternative H is a Dated: February 24, 2009. evaluated in detail in the DEIS, reduced intensity casino alternative Susanne E. Bolton, including development on one of three with the same components as the Committee Management Officer. alternatives sites (Wilfred, Stony Point, reduced intensity Alternative D but [FR Doc. E9–4188 Filed 2–26–09; 8:45 am] and Lakeville) and a no action located on the Wilfred Site. BILLING CODE 7555–01–P alternative. The proposed project/action The Clean Air Act requires federal (Alternative A) includes a casino/hotel agencies to assure that their actions resort on a site west of Rohnert Park (the conform to applicable implementation NATIONAL SCIENCE FOUNDATION Wilfred site). The casino/hotel resort plans for achieving and maintaining the would include restaurants, a hotel, an National Ambient Air Quality Standards Proposal Review Panel in Earth entertainment venue, gaming space, for criteria air pollutants. The NIGC Sciences; Notice of Meeting banquet/meeting space, and a pool and prepared a FCD for the proposed action/ In accordance with the Federal spa. In addition to the casino/hotel project described above. The FCD is Advisory Committee Act (Pub. L. 92– facility, the proposed development included in Appendix W of the FEIS. 463, as amended), the National Science would also include on-site parking and Authority: This notice is published in Foundation announces the following an on-site tertiary wastewater treatment accordance with Sections 1506.6 of the meeting: plant. Council of Environmental Quality Name: Earth Sciences Proposal Review Alternative B consists of the Regulations 40 CFR, Parts 1500 through 1508 implementing the procedural requirements of Panel (1569). development of a casino/hotel resort Date & Time: April 1–3, 2009; 8:30 a.m.– nearly identical to that proposed under the NEPA of 1969, as amended 42 U.S.C. 4371 et seq. This notice is also published in 5 p.m. each day. Alternative A, but located on the accordance with 40 CFR 93.155, which Place: Stafford I Conference Center, northwest corner of an adjacent site, provides reporting requirements for National Science Foundation, 4201 Wilson slightly further west of Rohnert Park conformity determinations. Blvd., Room 770, Arlington, VA 22230. (the Stony Point site). Alternative C also Type of Meeting: Part-Open—see Agenda, Dated: February 13, 2009. consists of the development of a casino/ below. hotel resort nearly identical to that Philip N. Hogen, Contact Person: Dr. David Lambert, Chairman. Program Director, Instrumentation & proposed under Alternative A. Facilities Program, Division of Earth [FR Doc. E9–4263 Filed 2–26–09; 8:45 am] However, the Alternative C casino/hotel Sciences, National Science Foundation, 4201 resort would be located on the northeast BILLING CODE 7565–01–P Wilson Boulevard, Arlington, VA 22230. corner of the Stony Point site. Telephone: (703) 292–8558. Alternative D consists of a smaller-scale Purpose of Meeting: To carry out review of version of Alternative B. Alternative E NATIONAL SCIENCE FOUNDATION IRIS management and leadership as consists of a business park development stipulated in cooperative agreement EAR– located on the northwest corner of the Astronomy and Astrophysics Advisory 0552316. Stony Point site. Alternative F consists Committee #13883; Notice of Meeting Agenda of the development of a casino/hotel In accordance with the Federal Closed: resort nearly identical to that proposed Advisory Committee Act (Pub. L. 92– April 1 from 8:30 a.m.–9:30 a.m.: under Alternative A but located on a 463, as amended), the National Science Organization meeting, introductions, review different site in southern Sonoma Foundation announces the following of charge to review panel, discussion of COI; and 1 p.m.–5 p.m.: panel discussion, write County near the intersection of State meeting: Route 37 and the Lakeville Highway up of summary of findings and (the Lakeville site). Alternative G is the Name: Astronomy and Astrophysics recommendations. no project/action alternative, under Advisory Committee (#13883). April 2 from 8:30 a.m.–5 p.m.: Write up of Date and Time: March 5, 2009, 2 p.m.–4 summary of findings and recommendations; which the NIGC would not approve the p.m. EDT. April 3 from 8:30 a.m.–5 p.m.: Complete management contract. Place: Teleconference. panel summary and recommendations. The DEIS was available for public National Science Foundation, Room 1060, Open: comment from March 9, 2007 to June 5, Stafford I Building, 4201 Wilson Blvd., April 1 from 9:30 a.m.–12 a.m.: 2007. The DEIS was available for an 88- Arlington, VA, 22230. Presentation by IRIS management and Q&A day review and comment period, 43 Type of Meeting: Open. between panel and IRIS. days longer than what is required by Contact Person: Dr. Craig B. Foltz, Acting Reason for Closing: During the closed NEPA, and 28 days longer than what is Division Director, Division of Astronomical sessions, the panel will be reviewing Sciences, Suite 1045, National Science information of a proprietary or confidential recommended in the NIGC NEPA Foundation, 4201 Wilson Blvd., Arlington, nature, including technical information, Procedures Manual. Two public VA 22230. Telephone: 703–292–4908. financial data such as salaries, and personal hearings were held on the Draft EIS, Reason for Late Notice: Due to scheduling information that could harm individuals if April 4, 2007 at the Spreckles complications. At the last meeting, February they are disclosed. If discussions were open Performing Arts Center, Rohnert Park, 19, it was decided that another meeting via to the public, these matters that are exempt
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under 5 U.S.C. 552b(c)(4) and (6) of the involve a significant reduction in a post accident operation of any plant system, Government in the Sunshine Act would be margin of safety. As required by 10 CFR structure, or component. improperly disclosed. 50.91(a), the licensee has provided its This LAR does not involve an addition or modification to any plant system, structure, Dated: February 24, 2009. analysis of the issue of no significant or component. This change does not affect Susanne Bolton, hazards consideration, which is the post accident operation of any plant Committee Management Officer. presented below: system, structure, or component as directed [FR Doc. E9–4187 Filed 2–26–09; 8:45 am] 1. Does the proposed amendment involve in plant procedures. New or modified equipment or personnel failure modes that BILLING CODE 7555–01–P a significant increase in the probability or consequences of an accident previously might initiate a new or different type evaluated? accident are not created as a result of the No. AST is an updated methodology used proposed change. NUCLEAR REGULATORY to evaluate the dose consequences of the Loss Therefore, no new or different accident is COMMISSION of Coolant Accident (LOCA). This type of created by changing to the AST methodology change is analytical, thus, does not increase prescribed in Regulatory Guide 1.183. [Docket Nos. 50–369 and 50–370; NRC– 3. Does this LAR involve a significant 2009–0081] the probability of an accident previously evaluated. It has been demonstrated that the reduction in a margin of safety? No. Margin of safety is related to the Duke Energy Carolinas, LLC; Notice of dose consequences of the re-analyzed accident remain within the dose limits of 10 confidence in the ability of the fission Consideration of Issuance of CFR 50.67 and Regulatory Guide 1.183. product barriers to perform their design Amendment to Facility Operating This proposed change assumes an increase functions during and following accident License, Proposed No Significant in the amount of unfiltered air in-leakage into conditions. These barriers include the fuel Hazards Consideration Determination, the control room. The current Technical cladding, the reactor coolant system, and the and Opportunity for a Hearing Information Document (TID) based McGuire containment system. The proposed re- dose consequence analysis for the LOCA analysis of the LOCA dose consequences The U.S. Nuclear Regulatory assumed control room unfiltered in-leakage using AST will have no affect on the Commission (the Commission) is of 10 scfm. Tracer gas testing performed at performance of these barriers. This LAR does considering issuance of an amendment McGuire revealed that unfiltered in-leakage not involve an addition or modification to any plant system, structure, or component. to Facility Operating License Nos. NPF– into the control room exceeded this amount by as much as 167 scfm as discussed in This change will not affect the post accident 9 and NPF–17 issued to Duke Energy operation of any plant system, structure, or Carolinas, LLC (the licensee), for McGuire’s response to NRC GL 2003–01 dated February 19, 2004. Use of the AST component as directed in plant procedures. operation of the McGuire Nuclear methodology can accommodate a larger Therefore, the proposed LAR will not Station, Units 1 and 2, located in control room pressurization unfiltered in- involve a significant reduction in a margin of Mecklenburg County, North Carolina. leakage rate without exceeding any safety. The proposed amendments revise the regulatory dose limits. The NRC staff has reviewed the McGuire Nuclear Station, Units 1 and 2, A comparison of the AST analysis results licensee’s analysis and, based on this licensing basis by adopting the and the TID values (UFSAR Table 15–12) review, it appears that the three alternative source term (AST) shows that the EAB and LPZ (off-site) doses standards of 10 CFR 50.92(c) are radiological analysis methodology as decrease while the control room dose increases. The new AST based analysis not satisfied. Therefore, the NRC staff allowed by Title 10 of the Code of only implements changes which affect both proposes to determine that the Federal Regulations, Part 50, Section off-site and control room doses, such as the amendment request involves no 50.67, ‘‘Accident Source Term, for the change in source term methodology, it also significant hazards consideration. Loss of Coolant Accident.’’ This includes changes to the LOCA model which The Commission is seeking public amendment request represents full only impact the control room dose, and are comments on this proposed scope implementation of the AST as responsible for the increased result. These determination. Any comments received described in NRC Regulatory Guide new attributes include a control room in- within 30 days after the date of 1.183, ‘‘Alternative Radiological Source leakage model that reflects the control room publication of this notice will be Terms for Evaluating Design Basis tracer gas testing results and a recomputed control room shine component of the post considered in making any final Accidents at Nuclear Power Reactors, LOCA control room dose. The dose determination. Revision 0.’’ consequences of the revised analysis, Normally, the Commission will not Before issuance of the proposed however, are below the 10 CFR 50.67 issue the amendment until the license amendment, the Commission acceptance criteria for both off-site and expiration of 60 days after the date of will have made findings required by the control room doses and are not considered a publication of this notice. The Atomic Energy Act of 1954, as amended significant increase. Commission may issue the license (the Act), and the Commission’s AST radiological methodology does not amendment before expiration of the 60- regulations. adversely affect accident initiators or day period provided that its final The Commission has made a precursors. Nor will it alter or prevent the determination is that the amendment ability of structures, systems, and proposed determination that the components from performing their intended involves no significant hazards amendment request involves no function to mitigate the consequences of an consideration. In addition, the significant hazards consideration. Under accident. Commission may issue the amendment the Commission’s regulations in Title 10 Therefore, this LAR will not involve a prior to the expiration of the 30-day of the Code of Federal Regulations (10 significant increase in the probability or comment period should circumstances CFR), Section 50.92, this means that consequences of an accident previously change during the 30-day comment operation of the facility in accordance evaluated. period such that failure to act in a with the proposed amendment would 2. Does the LAR create the possibility of a timely way would result, for example, not (1) involve a significant increase in new or different kind of accident from any in derating or shutdown of the facility. accident previously evaluated? the probability or consequences of an No. AST is an updated methodology that Should the Commission take action accident previously evaluated; or (2) was used to re-evaluate the dose prior to the expiration of either the create the possibility of a new or consequences of the McGuire UFSAR comment period or the notice period, it different kind of accident from any previously analyzed accidents. This new will publish in the Federal Register a accident previously evaluated; or (3) analysis does not cause any change in the notice of issuance. Should the
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Commission make a final No Significant the requestor or petitioner; (2) the All documents filed in NRC Hazards Consideration Determination, nature of the requestor’s/petitioner’s adjudicatory proceedings, including a any hearing will take place after right under the Act to be made a party request for hearing, a petition for leave issuance. The Commission expects that to the proceeding; (3) the nature and to intervene, any motion or other the need to take this action will occur extent of the requestor’s/petitioner’s document filed in the proceeding prior very infrequently. property, financial, or other interest in to the submission of a request for Written comments may be submitted the proceeding; and (4) the possible hearing or petition to intervene, and by mail to the Chief, Rulemaking, effect of any decision or order which documents filed by interested Directives and Editing Branch, TWB– may be entered in the proceeding on the governmental entities participating 05–B01M, Division of Administrative requestor’s/petitioner’s interest. The under 10 CFR 2.315(c), must be filed in Services, Office of Administration, U.S. petition must also identify the specific accordance with the NRC E-Filing rule, Nuclear Regulatory Commission, contentions which the petitioner/ which the NRC promulgated on August Washington, DC 20555–0001, and requestor seeks to have litigated at the 28, 2007 (72 FR 49139). The E-Filing should cite the publication date and proceeding. process requires participants to submit page number of this Federal Register Each contention must consist of a and serve all adjudicatory documents notice. Documents may be examined, specific statement of the issue of law or over the internet, or in some cases to and/or copied for a fee, at the NRC’s fact to be raised or controverted. In mail copies on electronic storage media. Public Document Room (PDR), located addition, the petitioner/requestor shall Participants may not submit paper at One White Flint North, Public File provide a brief explanation of the bases copies of their filings unless they seek Area O1 F21, 11555 Rockville Pike (first for the contention and a concise a waiver in accordance with the floor), Rockville, Maryland. statement of the alleged facts or expert procedures described below. Within 60 days after the date of opinion which support the contention To comply with the procedural publication of this notice, any person’s) and on which the petitioner intends to requirements of E-Filing, at least ten whose interest may be affected by this rely in proving the contention at the (10) days prior to the filing deadline, the action may file a request for a hearing hearing. The petitioner/requestor must petitioner/requestor must contact the and a petition to intervene with respect also provide references to those specific Office of the Secretary by e-mail at to issuance of the amendment to the sources and documents of which the [email protected], or by calling subject facility operating license. petitioner is aware and on which the (301) 415–1677, to request (1) a digital Requests for a hearing and a petition for petitioner intends to rely to establish ID certificate, which allows the leave to intervene shall be filed in those facts or expert opinion. The participant (or its counsel or accordance with the Commission’s petition must include sufficient representative) to digitally sign ‘‘Rules of Practice for Domestic documents and access the E-Submittal information to show that a genuine Licensing Proceedings’’ in 10 CFR part server for any proceeding in which it is dispute exists with the applicant on a 2. Interested person’s) should consult a participating; and/or (2) creation of an material issue of law or fact. current copy of 10 CFR 2.309, which is electronic docket for the proceeding Contentions shall be limited to matters available at the Commission’s PDR, (even in instances in which the within the scope of the amendment located at One White Flint North, Public petitioner/requestor (or its counsel or under consideration. The contention File Area O1F21, 11555 Rockville Pike representative) already holds an NRC- must be one which, if proven, would (first floor), Rockville, Maryland. issued digital ID certificate). Each entitle the petitioner to relief. A Publicly available records will be petitioner/requestor will need to petitioner/requestor who fails to satisfy accessible from the Agencywide download the Workplace Forms these requirements with respect to at Documents Access and Management ViewerTM to access the Electronic System’s (ADAMS) Public Electronic least one contention will not be Information Exchange (EIE), a Reading Room on the Internet at the permitted to participate as a party. component of the E-Filing system. The NRC Web site, http://www.nrc.gov/ Those permitted to intervene become Workplace Forms ViewerTM is free and reading-rm/doc-collections/cfr/. If a parties to the proceeding, subject to any is available at http://www.nrc.gov/site- request for a hearing or petition for limitations in the order granting leave to help/e-submittals/install-viewer.html. leave to intervene is filed by the above intervene, and have the opportunity to Information about applying for a digital date, the Commission or a presiding participate fully in the conduct of the ID certificate is available on NRC’s officer designated by the Commission or hearing. public Web site at http://www.nrc.gov/ by the Chief Administrative Judge of the If a hearing is requested, the site-help/e-submittals/apply- Atomic Safety and Licensing Board Commission will make a final certificates.html. Panel, will rule on the request and/or determination on the issue of no Once a petitioner/requestor has petition; and the Secretary or the Chief significant hazards consideration. The obtained a digital ID certificate, had a Administrative Judge of the Atomic final determination will serve to decide docket created, and downloaded the EIE Safety and Licensing Board will issue a when the hearing is held. If the final viewer, it can then submit a request for notice of a hearing or an appropriate determination is that the amendment hearing or petition for leave to order. request involves no significant hazards intervene. Submissions should be in As required by 10 CFR 2.309, a consideration, the Commission may Portable Document Format (PDF) in petition for leave to intervene shall set issue the amendment and make it accordance with NRC guidance forth with particularity the interest of immediately effective, notwithstanding available on the NRC public Web site at the petitioner in the proceeding, and the request for a hearing. Any hearing http://www.nrc.gov/site-help/e- how that interest may be affected by the held would take place after issuance of submittals.html. A filing is considered results of the proceeding. The petition the amendment. If the final complete at the time the filer submits its should specifically explain the reasons determination is that the amendment documents through EIE. To be timely, why intervention should be permitted request involves a significant hazards an electronic filing must be submitted to with particular reference to the consideration, any hearing held would the EIE system no later than 11:59 p.m. following general requirements: (1) The take place before the issuance of any Eastern Time on the due date. Upon name, address and telephone number of amendment. receipt of a transmission, the E-Filing
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system time-stamps the document and Documents submitted in adjudicatory Notice is hereby given that, pursuant sends the submitter an e-mail notice proceedings will appear in NRC’s to the Paperwork Reduction Act of 1995 confirming receipt of the document. The electronic hearing docket which is (44 U.S.C. 3501 et seq.), the Securities EIE system also distributes an e-mail available to the public at http:// and Exchange Commission notice that provides access to the ehd.nrc.gov/ehd_proceeding/home.asp, (‘‘Commission’’) is soliciting comments document to the NRC Office of the unless excluded pursuant to an order of on the collection of information General Counsel and any others who the Commission, an Atomic Safety and summarized below. The Commission have advised the Office of the Secretary Licensing Board, or a Presiding Officer. plans to submit this existing collection that they wish to participate in the Participants are requested not to include of information to the Office of proceeding, so that the filer need not personal privacy information, such as Management Budget for extension and serve the documents on those social security numbers, home approval. participants separately. Therefore, addresses, or home phone numbers in Form F–9 (17 CFR 239.39) is a applicants and other participants (or their filings. With respect to copyrighted their counsel or representative) must registration statement under the works, except for limited excerpts that Securities Act of 1933 (15 U.S.C. 77a et apply for and receive a digital ID serve the purpose of the adjudicatory seq.) that is used to register investment certificate before a hearing request/ filings and would constitute a Fair Use grade debt or investment grade preferred petition to intervene is filed so that they application, Participants are requested securities that are offered for cash or in can obtain access to the document via not to include copyrighted materials in connection with an exchange, offer and the E-Filing system. their submissions. are either non-convertible or not A person filing electronically may For further details with respect to this convertible for a period of at least one seek assistance through the ‘‘Contact license amendment application, see the year from the date of issuance and Us’’ link located on the NRC Web site application for amendment and thereafter are only convertible into a at http://www.nrc.gov/site-help/e- supplements dated March 20, 2008, May security of another class of the issuer. submittals.html or by calling the NRC 28, 2008, October 6, 2008, December 17, The purpose of the information electronic filing Help Desk, which is 2008 and February 12, 2009, which are available between 8 a.m. and 8 p.m., available for public inspection at the collection is to permit verification of Eastern Time, Monday through Friday. Commission’s PDR, located at One compliance with securities law The electronic filing Help Desk can be White Flint North, File Public Area O1 requirements and to assure the public contacted by telephone at 1–866–672– F21, 11555 Rockville Pike (first floor), availability and dissemination of such 7640 or by e-mail at Rockville, Maryland. Publicly available information. The principal function of [email protected]. records will be accessible electronically the Commission’s forms and rules under Participants who believe that they from the Agencywide Documents the securities laws’ disclosure have a good cause for not submitting Access and Management System’s provisions is to make information documents electronically must file a (ADAMS) Public Electronic Reading available to the investors. We estimate motion, in accordance with 10 CFR Room on the Internet at the NRC Web that Form F–9 takes approximately 25 2.302(g), with their initial paper filing site, http://www.nrc.gov/reading-rm/ hours per response and it is filed by 18 requesting authorization to continue to adams.html. Persons who do not have respondents. We further estimate that submit documents in paper format. access to ADAMS or who encounter 25% of the 25 hours per response (6.25 Such filings must be submitted by: (1) problems in accessing the documents hours) is prepared by the issuer for an first class mail addressed to the Office located in ADAMS, should contact the annual reporting burden of 113 hours of the Secretary of the Commission, U.S. × NRC PDR Reference staff by telephone (6.25 hours per response 18 Nuclear Regulatory Commission, responses). Washington, DC 20555–0001, Attention: at 1–800–397–4209, 301–415–4737, or by e-mail to [email protected]. Written comments are invited on: (a) Rulemaking and Adjudications Staff; or Whether this proposed collection of (2) courier, express mail, or expedited Dated at Rockville, Maryland, this 23rd day information is necessary for the proper delivery service to the Office of the of February 2009. performance of the functions of the Secretary, Sixteenth Floor, One White For The Nuclear Regulatory Commission. agency, including whether the Flint North, 11555 Rockville Pike, John Stang, information will have practical utility; Rockville, Maryland 20852, Attention: Senior Project Manager, Plant Licensing (b) the accuracy of the agency’s estimate Rulemaking and Adjudications Staff. Branch II–1, Division of Operating Reactor of the burden imposed by the collection Participants filing a document in this Licensing, Office of Nuclear Reactor of information; (c) ways to enhance the manner are responsible for serving the Regulation. quality, utility, and clarity of the document on all other participants. [FR Doc. E9–4228 Filed 2–26–09; 8:45 am] information collected; and (d) ways to Filing is considered complete by first- BILLING CODE 7590–01–P class mail as of the time of deposit in minimize the burden of the collection of the mail, or by courier, express mail, or information on respondents, including expedited delivery service upon through the use of automated collection SECURITIES AND EXCHANGE techniques or other forms of information depositing the document with the COMMISSION provider of the service. technology. Consideration will be given to comments and suggestions submitted Non-timely requests and/or petitions Proposed Collection; Comment in writing within 60 days of this and contentions will not be entertained Request absent a determination by the publication. Commission or the presiding officer of Upon written request, copies available Please direct your written comments the Atomic Safety and Licensing Board from: Securities and Exchange to Charles Boucher, Director/CIO, that the petition and/or request should Commission, Office of Investor Securities and Exchange Commission, be granted and/or the contentions Education and Advocacy, C/O Shirley Martinson, 6432 General should be admitted, based on a Washington, DC 20549–0213. Green Way, Alexandria, Virginia 22312; balancing of the factors specified in 10 Extension: Form F–9, OMB Control No. or send an e-mail to: CFR 2.309(c)(1)(i)–(viii). 3235–0377, SEC File No. 270–333. [email protected].
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Dated: February 23, 2009. to comments and suggestions submitted use ROP rather than ROSFP.4 The Florence E. Harmon, in writing within 60 days of this Exchange notes that the reversion to Deputy Secretary. publication. ROP does not affect the qualifications [FR Doc. E9–4184 Filed 2–26–09; 8:45 am] Please direct your written comments required to transact options business BILLING CODE 8011–01–P to Charles Boucher, Director/CIO, with the public. Securities and Exchange Commission, The Exchange also proposed C/O Shirley Martinson, 6432 General amending Chapter XI, Section 13 of the SECURITIES AND EXCHANGE Green Way, Alexandria, Virginia 22312; BOX Rules to clarify that an options COMMISSION or send an e-mail to: confirmation need not disclose the [email protected]. exchange or exchanges on which an Proposed Collection; Comment options transaction is executed. The Request Dated: February 23, 2009. rule will continue to require that written Florence E. Harmon, confirmations contain a description of Upon written request, copies available Deputy Secretary. each transaction in the options contract, from: Securities and Exchange [FR Doc. E9–4185 Filed 2–26–09; 8:45 am] the underlying security, the type of Commission, Office of Investor BILLING CODE 8011–01–P option, the option expiration month, Education and Advocacy, exercise price, number of option Washington, DC 20549–0213. contracts, premium, commissions, date Extension: Form F–10; OMB Control No. SECURITIES AND EXCHANGE of transaction and settlement date, and 3235–0380; SEC File No. 270–334. COMMISSION shall indicate whether the transaction is Notice is hereby given that pursuant a purchase or sale and whether a to the Paperwork Reduction Act of 1995 [Release No. 34–59434; File No. SR–BSE– principal or agency transaction. The (44 U.S.C. 3501 et seq.) the Securities 2008–56] confirmation shall also distinguish by and Exchange Commission appropriate symbols between Exchange (‘‘Commission’’) is soliciting comments Self-Regulatory Organizations; Boston transactions and other transactions in on the collection of information Stock Exchange, Inc.; Order Granting options contracts. This change will summarized below. The Commission Approval of Proposed Rule Change maintain consistency with other plans to submit this existing collection Relating to BOX Rules Governing exchanges which have recently filed of information to the Office of Doing Business With the Public similar rule proposals.5 Management Budget for extension and Lastly, the Exchange proposed February 23, 2009. approval. elimination of the definition of ‘‘closing Form F–10 (17 CFR 239.40) is a On December 9, 2008, the Boston purchase transaction’’ as defined in registration statement under the Stock Exchange, Inc. (‘‘BSE’’ or Chapter I, Section 1 of the BOX Rules. Securities Act of 1933 (15 U.S.C. 77a et ‘‘Exchange’’) filed with the Securities The term ‘‘closing purchase transaction’’ seq.) that is used by certain Canadian and Exchange Commission does not appear in any other provision ‘‘substantial issuers’’ (those issuers with (‘‘Commission’’) a proposed rule change of the BOX Rules. Therefore, the at least 36 calendar months of reporting pursuant to Section 19(b)(1) of the definition is unnecessary. history with a securities commission in Securities Exchange Act of 1934 Canada and a market value of common (‘‘Act’’),1 and Rule 19b–4 thereunder.2 II. Discussion and Findings stock of at least C$360 million and an The proposed rule change was After careful review of the proposed aggregate market value of common stock published for comment in the Federal rule change, the Commission finds that held by non-affiliates of at least C$75 Register on January 13, 2009.3 The the proposed rule change is consistent million). The purpose of the information Commission received no comments on with the requirements of Section 6(b) of collection is to facilitate cross-border the proposed rule change. This order the Act,6 in general, and Section 6(b)(5) offerings by specified Canadian issuers. approves the proposed rule change. of the Act,7 in particular, in that it is We estimate that Form F–10 takes 25 I. Description of the Proposed Rule designed to promote just and equitable hours per response and is filed by 75 Change principles of trade, facilitate respondents. We further estimate that transactions in securities, remove 25% of the 25 hours per response (6.25 The Exchange proposed to amend hours) is prepared by the issuer for an Chapter XI of the Boston Options 4 See Securities Exchange Act Release No. 58932 annual reporting burden of 469 hours Exchange (‘‘BOX’’) Rules by replacing (November 12, 2008), 73 FR 69696 (November 19, (6.25 hours per response × 78 2008) (SR–FINRA–2008–032) (changing the term the term ‘‘Registered Options and ‘‘Registered Options and Security Futures responses). Security Futures Principal’’ (‘‘ROSFP’’) Principal’’ to ‘‘Registered Options Principal’’). See Written comments are invited on: (a) with ‘‘Registered Options Principal’’ also Securities Exchange Act Release No. 58129 Whether this proposed collections of (‘‘ROP’’). Although ROP was recently (July 9, 2008), 73 FR 40895 (SR–ISE–2008–21); information is necessary for the proper changed to ROSFP in the BOX Rules, Securities Exchange Act Release No. 57738 (April performance of the functions of the 29, 2008), 73 FR 25805 (May 7, 2008) (SR–Amex– the Exchange believes that the change 2007–129); and Securities Exchange Act Release agency, including whether the from ROP to ROSFP may have created No. 56971 (December 14, 2007), 72 FR 72804 information will have practical utility; confusion among BOX participants, and (December 21, 2007) (SR–CBOE–2007–106) (b) the accuracy of the agency’s estimate that reverting to ROP will alleviate this (approving elimination of the positions and titles of of the burden imposed by the collection Senior Registered Options Principal and confusion. Furthermore, the Exchange Compliance Registered Options Principal). of information; (c) ways to enhance the believes that reverting to ROP will 5 See Securities Exchange Act Release No. 58980 quality, utility, and clarity of the provide consistency with the rules of (November 19, 2008), 73 FR 72091 (November 26, information collected; and (d) ways to other options exchanges, most of which 2008) (SR–CBOE–2008–61). See also Securities minimize the burden of the collection of Exchange Act Release No. 58932 (November 12, 2008), 73 FR 69696 (November 19, 2008) (SR– information on respondents, including 1 15 U.S.C. 78s(b)(1). FINRA–2008–032) (approving change clarifying through the use of automated collection 2 17 CFR 240.19b–4. confirmation disclosure requirements). techniques or other forms of information 3 See Securities Exchange Act Release No. 59211 6 15 U.S.C. 78(f)(b). technology. Consideration will be given (January 7, 2009), 74 FR 1734 (January 13, 2009). 7 15 U.S.C. 78(f)(b)(5).
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impediments to and perfect the I. Self-Regulatory Organization’s months of 2009 and recent volume mechanism of a free and open market Statement of the Terms of Substance of levels. The Exchange has determined and a national market system, and the Proposed Rule Change that it would experience a regulatory protect investors and the public Chicago Board Options Exchange, revenue shortfall for 2009 if the ORF interest.8 The Commission believes that Incorporated (‘‘CBOE’’ or ‘‘Exchange’’) remained at $.0045 per contract. To the proposal is consistent with Section proposes to amend its Fees Schedule avoid a regulatory revenue shortfall for 6(b)(5) of the Exchange Act because the relating to the Options Regulatory Fee. 2009, the Exchange proposes to change proposed rule change will clarify the The text of the proposed rule change is the ORF from $.0045 per contract to use of certain terms consistent with available on the Exchange’s Web site $.006 per contract. The amount of the their use by other self-regulatory (http://www.cboe.org/legal), at the ORF will be one-cent in the case of a organizations, and also will clarify the Exchange’s Office of the Secretary, and one-contract trade, i.e., there is a Exchange’s options confirmation at the Commission’s Public Reference minimum one-cent charge per trade. procedure rules. Room. The Exchange represents that the proposed new ORF rate would generate III. Conclusion II. Self-Regulatory Organization’s Statement of the Purpose of, and approximately the same amount of It is therefore ordered, pursuant to Statutory Basis for, the Proposed Rule revenue for calendar year 2009 that Section 19(b)(2) of the Act, that the Change would have been generated by the current ORF if the ORF had not been proposed rule change (SR–BSE–2008– In its filing with the Commission, 9 waived for two months. 56) be, and hereby is, approved. CBOE included statements concerning For the Commission, by the Division of the purpose of and basis for the As stated in its rule filing establishing Trading and Markets, pursuant to delegated proposed rule change and discussed any the ORF, the Exchange will monitor the authority.10 comments it received on the proposed amount of revenue collected from the Florence E. Harmon, rule change. The text of these statements ORF to ensure that it, in combination Deputy Secretary. may be examined at the places specified with its other regulatory fees and fines, in Item IV below. CBOE has prepared does not exceed regulatory costs. The [FR Doc. E9–4183 Filed 2–26–09; 8:45 am] summaries, set forth in sections (A), (B), Exchange expects to monitor regulatory BILLING CODE 8011–01–P and (C) below, of the most significant costs and revenues at a minimum on an aspects of such statements. annual basis. If the Exchange SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s determines regulatory revenues exceed COMMISSION Statement of the Purpose of, and regulatory costs, the Exchange would Statutory Basis for, the Proposed Rule adjust the ORF by submitting a fee change filing to the Commission. The [Release No. 34–59427; File No. SR–CBOE– Change Exchange will notify members of 2009–008] (a) Purpose adjustments to the ORF via regulatory Self-Regulatory Organizations; In October 2008, the Exchange filed a circular. Chicago Board Options Exchange, proposed rule change to eliminate The Exchange also proposes to delete Incorporated; Notice of Filing and Registered Representative Fees and references to Registered Representative establish a transaction-based ‘‘Options Immediate Effectiveness of Proposed fees from Section 12 of the Fees Regulatory Fee’’ (‘‘ORF’’).3 The ORF was Rule Change Relating to the Options Schedule. All of the proposed rule to be effective January 1, 2009. In Regulatory Fee changes will become operative on December 2008 and January 2009, the March 1, 2009. February 20, 2009. Exchange filed proposed rule changes waiving the ORF for January and (b) Statutory Basis Pursuant to Section 19(b)(1) of the February, to allow additional time for Securities Exchange Act of 1934 the Exchange, the Options Clearing The Exchange believes the proposed (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Corporation (‘‘OCC’’) and firms to put in rule change is consistent with Section notice is hereby given that on February place appropriate procedures to 6(b) of the Securities Exchange Act of 18, 2009, the Chicago Board Options implement the fee.4 1934 (‘‘Act’’) 5, in general, and furthers Exchange, Incorporated (‘‘CBOE’’ or the The Exchange has reevaluated the the objectives of Section 6(b)(4) 6 of the ‘‘Exchange’’) filed with the Securities current amount of the ORF in light of Act in particular, in that it is designed and Exchange Commission the waiver of the ORF for the first two to provide for the equitable allocation of (‘‘Commission’’) the proposed rule reasonable dues, fees, and other charges change as described in Items I, II and III 3 See Securities Exchange Act Release No. 58817 among its members and other persons below, which Items have been prepared (October 20, 2008), 73 FR 63744 (October 27, 2008). The ORF is $.0045 per contract and is assessed to using its facilities. The Exchange by CBOE. The Commission is each member for all options transactions executed believes the revised ORF is reasonable publishing this notice to solicit by the member that are cleared by The Options because it relates to the recovery of the comments on the proposed rule change Clearing Corporation (‘‘OCC’’) in the customer range (i.e., that clear in a customer account at OCC), costs of supervising and regulating from interested persons. excluding Options Intermarket Linkage Plan members and it is expected to generate (‘‘Linkage’’) orders. The ORF is imposed upon all approximately the same amount of 8 In approving this proposal, the Commission has such transactions executed by a member, even if revenue for calendar year 2009 that such transactions do not take place on the considered the proposed rule change’s impact on would have been generated by the efficiency, competition, and capital formation. See Exchange. The ORF is collected indirectly from 15 U.S.C. 17c(f). members through their clearing firms by OCC on current ORF if the ORF had not been behalf of the Exchange. 9 15 U.S.C. 78s(b)(2). waived for the first two months of 2009. 4 See Securities Exchange Act Release No. 59182 10 17 CFR 200.30–3(a)(12). (December 30, 2008), 74 FR 730 (January 7, 2009), 1 15 U.S.C. 78s(b)(1). and Securities Exchange Act Release No. 59355 5 15 U.S.C. 78f(b). 2 17 CFR 240.19b–4. (February 3, 2009), 74 FR 6677 (February 10, 2009). 6 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization’s rules/sro.shtml). Copies of the solicit comments on the proposed rule Statement on Burden on Competition submission, all subsequent change from interested persons. amendments, all written statements CBOE does not believe that the I. Self-Regulatory Organization’s with respect to the proposed rule proposed rule change will impose any Statement of the Terms of Substance of change that are filed with the burden on competition that is not the Proposed Rule Change necessary or appropriate in furtherance Commission, and all written The Exchange proposes to establish a of purposes of the Act. communications relating to the proposed rule change between the fee for its new Risk Management C. Self-Regulatory Organization’s Commission and any person, other than Gateway (‘‘RMG’’) service. Statement on Comments on the those that may be withheld from the II. Self-Regulatory Organization’s Proposed Rule Change Received From public in accordance with the Statement of the Purpose of, and Members, Participants or Others provisions of 5 U.S.C. 552, will be Statutory Basis for, the Proposed Rule No written comments were solicited available for inspection and copying in Change the Commission’s Public Reference or received with respect to the proposed In its filing with the Commission, the Room, 100 F Street, NE., Washington, rule change. Exchange included statements DC 20549, on official business days concerning the purpose of, and basis for, III. Date of Effectiveness of the between the hours of 10 a.m. and 3 p.m. the proposed rule change and discussed Proposed Rule Change and Timing for Copies of such filing also will be any comments it received on the Commission Action available for inspection and copying at proposed rule change. The text of these The foregoing rule change has become the principal office of the Exchange. All statements may be examined at the effective pursuant to Section 19(b)(3)(A) comments received will be posted places specified in Item IV below. The of the Act 7 and subparagraph (f)(2) of without change; the Commission does Exchange has prepared summaries, set Rule 19b–4 8 thereunder. At any time not edit personal identifying forth in Sections A, B, and C below, of within 60 days of the filing of the information from submissions. You the most significant aspects of such proposed rule change, the Commission should submit only information that statements. may summarily abrogate such rule you wish to make publicly available. All change if it appears to the Commission submissions should refer to File A. Self-Regulatory Organization’s that such action is necessary or Number SR–CBOE–2009–008 and Statement of the Purpose of, and appropriate in the public interest, for should be submitted on or before March Statutory Basis for, the Proposed Rule the protection of investors, or otherwise 20, 2009. Change in furtherance of the purposes of the For the Commission, by the Division of 1. Purpose Act. Trading and Markets, pursuant to delegated authority.9 The Exchange proposes to offer, IV. Solicitation of Comments through its wholly-owned subsidiary Florence E. Harmon, Interested persons are invited to NYSE Euronext Advanced Trading submit written data, views, and Deputy Secretary. Solutions, Inc., the Risk Management arguments concerning the foregoing, [FR Doc. E9–4153 Filed 2–26–09; 8:45 am] Gateway (‘‘RMG’’) service to NYSE including whether the proposed rule BILLING CODE 8011–01–P member organizations. NYSE Transact change is consistent with the Act. Tools, Inc, a division of the NYSE Comments may be submitted by any of Euronext Advanced Trading Solutions SECURITIES AND EXCHANGE the following methods: Group (‘‘NYXATS’’), owns RMG.3 This COMMISSION Electronic Comments proposed rule change establishes fees for that service. • [Release No. 34–59430; File No. SR–NYSE– Use the Commission’s Internet 2009–15] comment form (http://www.sec.gov/ Background rules/sro.shtml); or Self-Regulatory Organizations; New On December 12, 2008, the Exchange • Send an e-mail to rule- York Stock Exchange LLC; Notice of filed with the Securities and Exchange [email protected]. Please include File Filing and Immediate Effectiveness of Commission to establish its RMG Number SR–CBOE–2009–008 on the Proposed Rule Change Establishing a service.4 RMG is a service designed to subject line. Fee for Its New Risk Management facilitate the ability of Sponsoring Paper Comments Gateway Service Member Organizations to monitor and oversee the sponsored access activity of • Send paper comments in triplicate February 20, 2009. their Sponsored Participants. NYXATS to Elizabeth M. Murphy, Secretary, Pursuant to Section 19(b)(1) of the offers an order-verification service to Securities and Exchange Commission, Securities Exchange Act of 1934 Sponsoring Member Organizations that Station Place, 100 F Street, NE., (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 acts as a risk filter by causing the orders Washington, DC 20549–1090. notice is hereby given that on February of Sponsored Participants to pass All submissions should refer to File 12, 2009, the New York Stock Exchange through RMG prior to entering the Number SR–CBOE–2009–008. This file LLC (‘‘NYSE’’ or ‘‘Exchange’’) filed with Exchange’s trading systems for number should be included on the the Securities and Exchange execution. When a Sponsored subject line if e-mail is used. To help the Commission (‘‘Commission’’) the Participant’s order passes through RMG, Commission process and review your proposed rule change as described in comments more efficiently, please use Items I and II below, which Items have 3 The establishment of fees on the NYSE only one method. The Commission will been prepared by the Exchange. The Alternext for the same services was formally post all comments on the Commission’s Commission is publishing this notice to submitted to the Securities and Exchange Commission through a separate filing, SR– Internet Web site (http://www.sec.gov/ NYSEALTR–2009–12. 9 17 CFR 200.30–3(a)(12). 4 See Securities Exchange Act Release No. 59354 7 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). (February 3, 2009), 74 FR 6683 (February 10, 2009) 8 17 CFR 240.19b–4(f)(2). 2 17 CFR 240.19b–4. (SR–NYSE–2008–101).
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RMG software determines whether the requirement under Section 6(b)(4) 5 that Paper Comments order complies with order criteria that an exchange have rules that provide for • the Sponsoring Member Organization the equitable allocation of reasonable Send paper comments in triplicate has established for that Sponsored dues, fees and other charges among its to Elizabeth M. Murphy, Secretary, Participant. The order criteria reviewed members and other persons using its Securities and Exchange Commission, by RMG may include the size of the facilities. The Exchange believes that 100 F Street, NE., Washington, DC order or the credit limit that the RMG will promote marketplace 20549–1090. efficiency by providing security Sponsoring Member Organization has All submissions should refer to File safeguards to the trading of securities by established for the Sponsored Number SR–NYSE–2009–15. This file Participant. means of sponsored access and believes If the order is consistent with the that the proposed fee is fair and number should be included on the parameters set by the Sponsoring reasonable for the reasons cited above. subject line if e-mail is used. To help the Member Organization, RMG allows the Commission process and review your B. Self-Regulatory Organization’s comments more efficiently, please use order to continue along its path to the Statement on Burden on Competition Exchange’s trading systems. If the order only one method. The Commission will falls outside of those parameters, then The Exchange does not believe that post all comments on the Commission’s RMG returns the order to the Sponsored the proposed rule change will impose Internet Web site (http://www.sec.gov/ Participant. RMG will only return an any burden on competition that is not rules/sro/shtml). Copies of the order to the Sponsored Participant when necessary or appropriate in furtherance submission, all subsequent the order fails to comply with the of the purposes of the Exchange Act. amendments, all written statements criteria set by the Sponsoring Member C. Self-Regulatory Organization’s with respect to the proposed rule Organization. Statement on Comments on the change that are filed with the The Exchange does not require Proposed Rule Change Received From Commission, and all written Sponsoring Member Organizations to Members, Participants or Others communications relating to the use RMG. Sponsoring Member No written comments were solicited proposed rule change between the Organizations are free to use a Commission and any person, other than competing risk-management service or or received with respect to the proposed rule change. those that may be withheld from the to use none at all. public in accordance with the The Exchange believes that RMG will III. Date of Effectiveness of the provisions of 5 U.S.C. 552, will be offer its member organizations another Proposed Rule Change and Timing for available for inspection and copying in option in the efficient risk management Commission Action the Commission’s Public Reference of its Sponsored Participant’s access to The foregoing proposed rule change is the NYSE. Room, on official business days between effective upon filing pursuant to Section the hours of 10 a.m. and 3 p.m. Copies Fees 19(b)(3)(A)(ii) of the Act 6 and Rule 19b– of such filing will also be available for 7 NYXATS proposes to charge each 4(f)(2) thereunder, because it inspection and copying at the principal Sponsoring Member Organization Three establishes or changes a due, fee, or office of the Exchange. All comments Thousand Dollars ($3,000) per month other charge applicable only to a received will be posted without change; member imposed by the Exchange. for the first Connection plus One the Commission does not edit personal At any time within 60 days of the Thousand Dollars ($1,000) per month filing of the proposed rule change, the identifying information from for each additional Connection. Commission may summarily abrogate submissions. You should submit only A ‘‘Connection’’ is defined as up to such rule change if it appears to the information that you wish to make 1000 messages per second inbound, Commission that such action is available publicly. All submissions regardless of the connection’s actual necessary or appropriate in the public should refer to File No. SR–NYSE– capacity (i.e., if the NYXT infrastructure interest, for the protection of investors, 2009–15 and should be submitted on or allows any single End User connection or otherwise in furtherance of the before March 20, 2009. to support more than 1000 messages per purposes of the Act. second inbound, such connection will For the Commission, by the Division of be deemed to be multiple Connections). IV. Solicitation of Comments Trading and Markets, pursuant to delegated authority.8 The Exchange believes that the Interested persons are invited to proposed fee would be fair and submit written data, views and Florence E. Harmon, reasonable and would reflect an arguments concerning the foregoing, Deputy Secretary. equitable allocation of charges among including whether the proposed rule [FR Doc. E9–4182 Filed 2–26–09; 8:45 am] members and others. The fee compares change is consistent with the Act. BILLING CODE 8011–01–P favorably with the fees that NYXATS’ Comments may be submitted by any of competitors charge for similar services. the following methods: Of course, the marketplace will determine if the fee is too high relative Electronic Comments to the value that the RMG service • Use the Commission’s Internet provides because any market participant comment form (http://www.sec.gov/ that feels that the fee is too high will rules/sro.shtml); or simply elect to use the risk management • Send an e-mail to rule- services of one of NYXATS’ [email protected]. Please include File competitors. Number SR–NYSE–2009–15 on the 2. Statutory Basis subject line.
The basis under the Securities 5 15 U.S.C. 78f(b)(4). Exchange Act of 1934 (the ‘‘1934 Act’’) 6 15 U.S.C. 78s(b)(3)(A)(ii). for this proposed rule change are the 7 17 CFR 240.19b–4(f)(2). 8 17 CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE Systems (defined below) operated on Member Organizations to monitor and COMMISSION behalf of the Exchange by New York oversee the sponsored access activity of Stock Exchange LLC (‘‘NYSE’’).3 This their Sponsored Participants. NYXATS [Release No. 34–59429; File No. SR– NYSEALTR–2009–12] proposed rule change establishes fees offers an order-verification service to for that service. Sponsoring Member Organizations that acts as a risk filter by causing the orders Self-Regulatory Organizations; NYSE Background Alternext US LLC; Notice of Filing and of Sponsored Participants to pass Immediate Effectiveness of Proposed As described more fully in a related through RMG prior to entering the 4 Rule Change Establishing a Fee for Its rule filing, NYSE Euronext acquired Exchange’s trading systems for New Risk Management Gateway The Amex Membership Corporation execution. When a Sponsored Service (‘‘AMC’’) pursuant to an Agreement and Participant’s order passes through RMG, Plan of Merger, dated January 17, 2008 RMG software determines whether the February 20, 2009. (the ‘‘Merger’’). In connection with the order complies with order criteria that Pursuant to Section 19(b)(1) of the Merger, the Exchange’s predecessor, the the Sponsoring Member Organization Securities Exchange Act of 1934 American Stock Exchange LLC has established for that Sponsored (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 (‘‘Amex’’), a subsidiary of AMC, became Participant. The order criteria reviewed notice is hereby given that on February a subsidiary of NYSE Euronext called by RMG may include the size of the 12, 2009, NYSE Alternext US LLC NYSE Alternext US LLC, and continues order or the credit limit that the (‘‘NYSE Alternext’’ or ‘‘Exchange’’) filed to operate as a national securities Sponsoring Member Organization has with the Securities and Exchange exchange registered under Section 6 of established for the Sponsored Commission (‘‘Commission’’) the the Securities Exchange Act of 1934, as Participant. proposed rule change as described in amended (the ‘‘Act’’).5 The effective If the order is consistent with the Items I and II below, which Items have date of the Merger was October 1, 2008. parameters set by the Sponsoring been prepared by the Exchange. The In connection with the Merger, on Member Organization, RMG allows the Commission is publishing this notice to December 1, 2008, the Exchange order to continue along its path to the solicit comments on the proposed rule relocated all equities trading conducted Exchange’s trading systems. If the order change from interested persons. on the Exchange legacy trading systems falls outside of those parameters, then and facilities located at 86 Trinity Place, I. Self-Regulatory Organization’s RMG returns the order to the Sponsored New York, New York (the ‘‘86 Trinity Participant. RMG will only return an Statement of the Terms of Substance of Trading Systems’’), to trading systems the Proposed Rule Change order to the Sponsored Participant when and facilities located at 11 Wall Street, the order fails to comply with the The Exchange proposes to establish a New York, New York (the ‘‘Equities criteria set by the Sponsoring Member fee for its new Risk Management Relocation’’). The Exchange’s trading Organization. Gateway (‘‘RMG’’) service. systems and facilities at 11 Wall Street The Exchange does not require II. Self-Regulatory Organization’s (the ‘‘NYSE Alternext Trading Sponsoring Member Organizations to Systems’’) are operated by the NYSE on use RMG. Sponsoring Member Statement of the Purpose of, and 6 Statutory Basis for, the Proposed Rule behalf of the Exchange. Organizations are free to use a In order to implement the Equities Change competing risk-management service or Relocation, the Exchange adopted NYSE to use none at all. In its filing with the Commission, the Rules 1–1004 as the NYSE Alternext The Exchange believes that RMG will Exchange included statements Equities Rules to govern trading on the offer its member organizations another concerning the purpose of, and basis for, NYSE Alternext Trading Systems. Rule option in the efficient risk management the proposed rule change and discussed 54—NYSE Alternext Equities provides of its Sponsored Participant’s access to any comments it received on the that only members are permitted to the NYSE. proposed rule change. The text of these ‘‘* * * make or accept bids or offers, statements may be examined at the consummate transactions, or otherwise Fees places specified in Item IV below. The transact business on the Floor for any NYXATS proposes to charge each Exchange has prepared summaries, set security admitted to dealings on the Sponsoring Member Organization Three forth in Sections A, B, and C below, of [Exchange] * * *.’’ 7 Thousand Dollars ($3,000) per month the most significant aspects of such On December 12, 2008, the Exchange for the first Connection plus One statements. filed with the Securities and Exchange Thousand Dollars ($1,000) per month Commission to establish its RMG for each additional Connection. A. Self-Regulatory Organization’s 8 Statement of the Purpose of, and service. RMG is a service designed to A ‘‘Connection’’ is defined as up to facilitate the ability of Sponsoring Statutory Basis for, the Proposed Rule 1000 messages per second inbound, Change regardless of the connection’s actual 3 The establishment of fees on the NYSE for the capacity (i.e., if the NYXT infrastructure 1. Purpose same services was formally submitted to the Securities and Exchange Commission through a allows any single End User connection The Exchange proposes to offer, separate filing, SR–NYSE–2009–15. to support more than 1000 messages per through NYSE Euronext Advanced 4 See Securities Exchange Act Release No. 58673 second inbound, such connection will Trading Solutions, Inc., the RMG service (September 29, 2008), 73 FR 57707 (October 3, be deemed to be multiple Connections). 2008) (SR–NYSE–2008–60 and SR–Amex 2008–62) The Exchange believes that the to NYSE Alternext members and (approving the Merger). member organizations. NYSE Transact 5 15 U.S.C. 78f. proposed fee would be fair and Tools, Inc, a division of the NYSE 6 See Securities Exchange Act Release No. 58705 reasonable and would reflect an Euronext Advanced Trading Solutions (October 1, 2008), 73 FR 58995 (October 8, 2008) equitable allocation of charges among Group (‘‘NYXATS’’), owns RMG. RMG (SR–Amex 2008–63) (approving the Equities members and others. The fee compares Relocation). favorably with the fees that NYXATS’ is a part of the NYSE Alternext Trading 7 See also Rule 2—NYSE Alternext Equities. 8 See Securities Exchange Act Release No. 59353 competitors charge for similar services. 1 15 U.S.C. 78s(b)(1). (February 3, 2009), 74 FR 6935 (February 11, 2009) Of course, the marketplace will 2 17 CFR 240.19b–4. (SR–NYSEALTR–2008–12). determine if the fee is too high relative
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to the value that the RMG service IV. Solicitation of Comments For the Commission, by the Division of provides because any market participant Trading and Markets, pursuant to delegated that feels that the fee is too high will Interested persons are invited to authority.12 simply elect to use the risk management submit written data, views and Florence E. Harmon, services of one of NYXATS’ arguments concerning the foregoing, Deputy Secretary. competitors. including whether the proposed rule [FR Doc. E9–4181 Filed 2–26–09; 8:45 am] change is consistent with the Act. BILLING CODE 8011–01–P Technical Amendment to Price List Comments may be submitted by any of The Exchange further proposes the following methods: through this filing to revise the date on the price list to reflect that it is Electronic Comments DEPARTMENT OF STATE applicable for the current year ‘‘2009’’. • Use the Commission’s Internet 2. Statutory Basis comment form (http://www.sec.gov/ [Public Notice 6535] rules/sro.shtml); or The basis under the Securities Culturally Significant Objects Imported Exchange Act of 1934 (the ‘‘1934 Act’’) • Send an e-mail to rule- for Exhibition Determinations: for this proposed rule change are the [email protected]. Please include File ‘‘Francis Bacon: A Centenary requirement under Section 6(b)(4) 9 that Number SR–NYSEALTR–2009–12 on Retrospective’’ an exchange have rules that provide for the subject line. the equitable allocation of reasonable SUMMARY: Notice is hereby given of the dues, fees and other charges among its Paper Comments following determinations: Pursuant to members and other persons using its • Send paper comments in triplicate the authority vested in me by the Act of facilities. The Exchange believes that to Elizabeth M. Murphy, Secretary, October 19, 1965 (79 Stat. 985; 22 U.S.C. RMG will promote marketplace 2459), Executive Order 12047 of March efficiency by providing security Securities and Exchange Commission, 100 F Street, NE., Washington, DC 27, 1978, the Foreign Affairs Reform and safeguards to the trading of securities by Restructuring Act of 1998 (112 Stat. 20549–1090. means of sponsored access and believes 2681, et seq.; 22 U.S.C. 6501 note, et that the proposed fee is fair and All submissions should refer to File seq.), Delegation of Authority No. 234 of reasonable for the reasons cited above. Number SR-NYSEALTR–2009–12. This October 1, 1999, Delegation of Authority B. Self-Regulatory Organization’s file number should be included on the No. 236 of October 19, 1999, as Statement on Burden on Competition subject line if e-mail is used. To help the amended, and Delegation of Authority Commission process and review your No. 257 of April 15, 2003 [68 FR 19875], The Exchange does not believe that comments more efficiently, please use I hereby determine that the objects to be the proposed rule change will impose only one method. The Commission will included in the exhibition ‘‘Francis any burden on competition that is not post all comments on the Commission’s Bacon: A Centenary Retrospective’’, necessary or appropriate in furtherance imported from abroad for temporary of the purposes of the Exchange Act. Internet Web site (http://www.sec.gov/ rules/sro/shtml). Copies of the exhibition within the United States, are C. Self-Regulatory Organization’s submission, all subsequent of cultural significance. The objects are Statement on Comments on the amendments, all written statements imported pursuant to loan agreements with the foreign owners or custodians. Proposed Rule Change Received From with respect to the proposed rule I also determine that the exhibition or Members, Participants or Others change that are filed with the display of the exhibit objects at the Commission, and all written No written comments were solicited Metropolitan Museum of Art, New York, or received with respect to the proposed communications relating to the NY, from on or about May 20, 2009, rule change. proposed rule change between the until on or about August 16, 2009, and Commission and any person, other than III. Date of Effectiveness of the at possible additional exhibitions or Proposed Rule Change and Timing for those that may be withheld from the venues yet to be determined, is in the Commission Action public in accordance with the national interest. Public Notice of these provisions of 5 U.S.C. 552, will be Determinations is ordered to be The foregoing proposed rule change is available for inspection and copying in published in the Federal Register. effective upon filing pursuant to Section the Commission’s Public Reference 10 19(b)(3)(A)(ii) of the Act and Rule Room, on official business days between FOR FURTHER INFORMATION CONTACT: For 11 19b–4(f)(2) thereunder, because it the hours of 10 a.m. and 3 p.m. Copies further information, including a list of establishes or changes a due, fee, or the exhibit objects, contact Carol B. of such filing will also be available for other charge applicable only to a Epstein, Attorney-Adviser, Office of the inspection and copying at the principal member imposed by the Exchange. Legal Adviser, U.S. Department of State office of the Exchange. All comments At any time within 60 days of the (telephone: 202/453–8048). The address filing of the proposed rule change, the received will be posted without change; is U.S. Department of State, SA–44, 301 Commission may summarily abrogate the Commission does not edit personal 4th Street, SW., Room 700, Washington, such rule change if it appears to the identifying information from DC 20547–0001. Commission that such action is submissions. You should submit only information that you wish to make Dated: February 19, 2009. necessary or appropriate in the public C. Miller Crouch, interest, for the protection of investors, available publicly. All submissions should refer to File No. SR– Acting Assistant Secretary for Educational or otherwise in furtherance of the and Cultural Affairs, Department of State. purposes of the Act. NYSEALTR–2009–12 and should be submitted on or before March 20, 2009. [FR Doc. E9–4249 Filed 2–26–09; 8:45 am] 9 15 U.S.C. 78f(b)(4). BILLING CODE 4710–05–P 10 15 U.S.C. 78s(b)(3)(A)(ii). 11 17 CFR 240.19b–4(f)(2). 12 17 CFR 200.30–3(a)(12).
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DEPARTMENT OF STATE DEPARTMENT OF TRANSPORTATION MTA proposes to qualify these locomotives on the Amtrak NEC at Federal Railroad Administration [Public Notice 6534] speeds up to 112 mph by monitoring truck frame lateral accelerations at Petition for Waiver of Compliance Culturally Significant Objects Imported positions above each of the four axles; and both vertical and lateral for Exhibition Determinations: ‘‘The In accordance with Part 211 of Title Birth of Christianity: A Jewish Story’’ accelerations of the carbody on the cab 49 Code of Federal Regulations (CFR), floor and on the floor at the rear end of notice is hereby given that the Federal AGENCY: Department of State. the locomotive. These will be evaluated Railroad Administration (FRA) has against the 49 CFR 213.333 Vehicle ACTION: Notice; correction. received a request for a waiver of Track Interaction Limits. MTA will have compliance from certain requirements NUCARS simulations performed by SUMMARY: On November 25, 2008, notice of its safety standards. The individual TTCI for the specific parameters to was published on page 71714 of the petition is described below, including evaluate wheel-rail forces for speeds Federal Register (volume 73, number the party seeking relief, the regulatory and track geometry of the MARC route 228) of determinations made by the provisions involved, the nature of the over the Amtrak NEC. Department of State pertaining to the relief being requested, and the Interested parties are invited to exhibition ‘‘The Birth of Christianity: A petitioner’s arguments in favor of relief. participate in these proceedings by Jewish Story.’’ The referenced notice is Maryland Department of submitting written views, data, or corrected as to an additional object to be Transportation comments. FRA does not anticipate included in the exhibition. Notice is scheduling a public hearing in hereby given of the following [Waiver Petition Docket Number FRA–2009– connection with these proceedings since determinations: Pursuant to the 0010] the facts do not appear to warrant a authority vested in me by the Act of The Maryland Department of hearing. If any interested party desires October 19, 1965 (79 Stat. 985; 22 U.S.C. Transportation (MTA) seeks a an opportunity for oral comment, they 2459), Executive Order 12047 of March permanent waiver of compliance from should notify FRA, in writing, before 27, 1978, the Foreign Affairs Reform and 49 CFR 213.245 Vehicle Qualification the end of the comment period and Restructuring Act of 1998 (112 Stat. Testing, as part of its recent purchase of specify the basis for their request. 2681, et seq.; 22 U.S.C. 6501 note, et new model MP36PH–3C locomotives for All communications concerning these seq.), Delegation of Authority No. 234 of operation by its MARC train service on proceedings should identify the October 1, 1999, Delegation of Authority the National Passenger Railroad appropriate docket number (e.g., Waiver No. 236 of October 19, 1999, as Corporation’s (Amtrak) Northeast Petition Docket Number FRA–2009– amended, and Delegation of Authority Corridor (NEC) at 100 miles per hour 0010) and may be submitted by any of No. 257 of April 15, 2003 [68 FR 19875], (mph) and three inches cant deficiency. the following methods: • I hereby determine that the additional MTA would like the FRA to allow Web site: http:// object in the exhibition: ‘‘The Birth of qualification of these locomotives to www.regulations.gov. Follow the online Christianity: A Jewish Story,’’ imported occur without using the instrumented instructions for submitting comments. • Fax: 202–493–2251. from abroad for temporary exhibition wheel-sets (IWS) test specified in • Mail: Docket Operations Facility, within the United States, is of cultural § 213.245. MTA has stated that this test U.S. Department of Transportation, 1200 significance. The object is imported is costly and not economically justified, New Jersey Avenue, SE., W12–140, pursuant to a loan agreement with the given the long service history of the Washington, DC 20590. foreign owner or custodian. I also same truck that is currently in operation • determine that the exhibition or display Hand Delivery: 1200 New Jersey with similar locomotives. MTA further Avenue, SE., Room W12–140, of the additional exhibit object at the explains that the truck used on the Houston Museum of Natural Science, Washington, DC 20590, between 9 a.m. MP36PH–3C locomotive has an and 5 p.m., Monday through Friday, Houston, TX, from on or about March 1, extensive history of service on the 2009, until on or about April 12, 2009, except Federal holidays. Amtrak NEC with MARC GP39 and Communications received within 45 and at possible additional exhibitions or GP40 locomotives, and have been days of the date of this notice will be venues yet to be determined, is in the successfully tested to 110 mph. considered by FRA before final action is national interest. Public Notice of these MP36PH–3C’s are used by Caltrain, taken. Comments received after that Determinations is ordered to be MRCOG, UTA, and SCRRA, although date will be considered as far as published in the Federal Register. not at FRA Class 6 speeds. MTA argues practicable. All written communications FOR FURTHER INFORMATION CONTACT: For that the MP36PH–3C locomotive has concerning these proceedings are further information, including a list of similar carbody, weight, truck available for examination during regular the exhibit object, contact Julie assemblies, and wheel profile as the GO business hours (9 a.m.–5 p.m.) at the Simpson, Attorney-Adviser, Office of Transit (Toronto) MP40PH–3C above facility. All documents in the the Legal Adviser, U.S. Department of locomotive, which has been public docket are also available for State (telephone: 202–453–8050). The successfully tested at the Transportation inspection and copying on the Internet address is U.S. Department of State, SA– Technology Center, Inc (TTCI) for safe at the docket facility’s Web site at 44, 301 4th Street, SW., Room 700, operation up to 103 mph. The MP40PH– http://www.regulations.gov. Washington, DC 20547–0001. 3C was approved by Transport Canada Anyone is able to search the and Canadian National Railroad (CN). electronic form of any written Dated: February 20, 2009. An important factor here is that in lieu communications and comments C. Miller Crouch, of IWS, TTCI measured wheel/rail received into any of our dockets by the Acting Assistant Secretary for Educational forces estimated by NUCARS name of the individual submitting the and Cultural Affairs, Department of State. simulations modeling software and by comment (or signing the comment, if [FR Doc. E9–4250 Filed 2–26–09; 8:45 am] using wayside measuring systems such submitted on behalf of an association, BILLING CODE 4710–05–P as strain gauges on instrumented rails. business, labor union, etc.). You may
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review DOT’s complete Privacy Act U.S. Department of Transportation, milepost 1.2 at Kohler Junction near Statement in the Federal Register Docket Operations, M–30, West Sheboygan, WI, a distance of published on April 11, 2000 (Volume Building Ground Floor, Room W12–140, approximately 2.8 miles.1 65, Number 70; Pages 19477–78). 1200 New Jersey Avenue, SE., This transaction is related to a Issued in Washington, DC on February 23, Washington, DC 20590. You may also concurrently filed petition for 2009. send comments electronically via the exemption for the acquisition and Grady C. Cothen, Jr., Internet at http://www.regulations.gov. operation of certain other rail lines in Wisconsin & Southern Railroad Co.— Deputy Associate Administrator for Safety All comments will become part of this Standards and Program Development. docket and will be available for Acquisition and Operation Exemption— Union Pacific Railroad Company, STB [FR Doc. E9–4207 Filed 2–26–09; 8:45 am] inspection and copying at the above address between 10 a.m. and 5 p.m., Finance Docket No. 35144. In that BILLING CODE 4910–06–P E.T., Monday through Friday, except proceeding, WSOR seeks an exemption federal holidays. An electronic version under 49 U.S.C. 10502 to acquire and DEPARTMENT OF TRANSPORTATION of this document and all documents operate a permanent exclusive freight entered into this docket is available on operating easement over 10.95 miles of Maritime Administration the World Wide Web at http:// railroad known as the Kohler Industrial www.regulations.gov. Lead that is currently owned by UP. [Docket No. MARAD–2009–0010] FOR FURTHER INFORMATION CONTACT: WSOR states that the State of Wisconsin Requested Administrative Waiver of Joann Spittle, U.S. Department of Department of Transportation (WisDot) the Coastwise Trade Laws Transportation, Maritime has executed an agreement to purchase Administration, 1200 New Jersey the right-of-way and railroad assets AGENCY: Maritime Administration, Avenue, SE., Room W21–203, comprising the line from UP, with Department of Transportation. Washington, DC 20590. Telephone 202– WSOR to acquire the freight easement ACTION: Invitation for public comments 366–5979. and associated common carrier obligation directly from UP. WSOR also on a requested administrative waiver of SUPPLEMENTARY INFORMATION: As seeks to acquire and operate the Coastwise Trade Laws for the vessel described by the applicant the intended approximately 1,000 feet of UP spur WINDSONG. service of the vessel WINDSONG is: Intended Use: ‘‘Sailing instruction track. WSOR has requested expedited SUMMARY: As authorized by 46 U.S.C. and pleasure charter.’’ action in this proceeding. 12121, the Secretary of Transportation, Geographic Region: ‘‘MA, CT, NY, NJ, This transaction is also related to a as represented by the Maritime DE, MD, VA, NC, SC, GA, FL’’ concurrently filed petition for Administration (MARAD), is authorized declaratory order in Wisconsin to grant waivers of the U.S.-build Privacy Act Department of Transportation—Petition requirement of the coastwise laws under Anyone is able to search the for Declaratory Order—Rail Line in certain circumstances. A request for electronic form of all comments Sheboygan County, WI, STB Finance such a waiver has been received by received into any of our dockets by the Docket No. 35195. In that proceeding, MARAD. The vessel, and a brief name of the individual submitting the WisDot seeks a finding that its description of the proposed service, is comment (or signing the comment, if acquisition of the right-of-way and listed below. The complete application submitted on behalf of an association, railroad assets will not render it a rail is given in DOT docket MARAD–2009– business, labor union, etc.). You may common carrier. 0010 at http://www.regulations.gov. review DOT’s complete Privacy Act WSOR states that it proposes to Interested parties may comment on the Statement in the Federal Register consummate this transaction on or effect this action may have on U.S. published on April 11, 2000 (Volume about April 15, 2009. vessel builders or businesses in the U.S. 65, Number 70; Pages 19477–78). The trackage rights agreement will that use U.S.-flag vessels. If MARAD allow WSOR to provide rail service to Dated: February 19, 2009. determines, in accordance with 46 the facilities of the Cargill Malt Plant in U.S.C. 12121 and MARAD’s regulations By Order of the Maritime Administrator. Kohler and to interchange with UP in at 46 CFR part 388 (68 FR 23084; April Leonard Sutter, Sheboygan. 30, 2003), that the issuance of the Secretary, Maritime Administration. Pursuant to the Consolidated waiver will have an unduly adverse [FR Doc. E9–4154 Filed 2–26–09; 8:45 am] Appropriations Act, 2008, Public Law effect on a U.S.-vessel builder or a BILLING CODE 4910–81–P No. 110–161, § 193, 121 Stat. 1844 business that uses U.S.-flag vessels in (2007), nothing in this decision that business, a waiver will not be authorizes the following activities at any granted. Comments should refer to the DEPARTMENT OF TRANSPORTATION solid waste rail transfer facility: docket number of this notice and the collecting, storing, or transferring solid vessel name in order for MARAD to Surface Transportation Board waste outside of its original shipping properly consider the comments. [STB Finance Docket No. 35191] container; or separating or processing Comments should also state the solid waste (including baling, crushing, commenter’s interest in the waiver Wisconsin & Southern Railroad Co.— compacting, and shredding). The term application, and address the waiver Trackage Rights Exemption—Union ‘‘solid waste’’ is defined in section 1004 criteria given in § 388.4 of MARAD’s Pacific Railroad Company regulations at 46 CFR part 388. 1 A redacted version of the proposed trackage Pursuant to a written trackage rights rights agreement between UP and WSOR was filed DATES: Submit comments on or before agreement, Union Pacific Railroad with the notice of exemption. The full version of March 30, 2009. Company (UP) has agreed to grant the draft agreement was concurrently filed under ADDRESSES: Comments should refer to overhead trackage rights to Wisconsin & seal along with a motion for protective. The motion is being addressed in a separate decision. As docket number MARAD–2009–0010. Southern Railroad Co. (WSOR) over a required by 49 CFR 1180.6(a)(7)(ii), the parties must Written comments may be submitted by line of railroad extending between UP filed a copy of the executed agreement within 10 hand or by mail to the Docket Clerk, milepost 4.0 in Kohler, WI, and UP days of the date the agreement is executed.
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of the Solid Waste Disposal Act, 42 10502(d) may be filed at any time. The Washington, DC 20006, and on Mack H. U.S.C. 6903. filing of a petition to revoke will not Schumate, Union Pacific Railroad As a condition to this exemption, any automatically stay the effectiveness of Company, 101 N. Wacker Drive, Suite employees affected by the trackage the exemption. Stay petitions must be 1920, Chicago, IL 60606. rights will be protected by the filed at least 7 days before the Board decisions and notices are conditions imposed in Norfolk and exemption becomes effective. available on our Web site at http:// Western Ry. Co.—Trackage Rights—BN, www.stb.dot.gov. 354 I.C.C. 605 (1978), as modified in An original and 10 copies of all Decided: February 20, 2009. Mendocino Coast Ry., Inc.—Lease and pleadings, referring to STB Finance Operate, 360 I.C.C. 653 (1980). Docket No. 35191, must be filed with By the Board, David M. Konschnik, This notice is filed under 49 CFR the Surface Transportation Board, 395 E Director, Office of Proceedings. 1180.2(d)(7). If the notice contains false Street, SW., Washington, DC 20423– Jeffrey Herzig, or misleading information, the 0001. In addition, a copy of each Clearance Clerk. exemption is void ab initio. Petitions to pleading must be served on John D. [FR Doc. E9–4065 Filed 2–26–09; 8:45 am] revoke the exemption under 49 U.S.C. Heffner, 1750 K Street, NW., Suite 200, BILLING CODE 4915–01–P
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Part II
Department of Housing and Urban Development Federal Property Suitable as Facilities to Assist the Homeless; Notice
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DEPARTMENT OF HOUSING AND property is described as for ‘‘off-site use Assistant Chief of Staff for Installation URBAN DEVELOPMENT only’’ recipients of the property will be Management, DAIM–ZS, Room 8536, required to relocate the building to their 2511 Jefferson Davis Hwy, Arlington, [Docket No. FR–5280–N–07] own site at their own expense. VA 22202; (703) 601–2545; Coast Federal Property Suitable as Facilities Homeless assistance providers Guard: Commandant, United States to Assist the Homeless interested in any such property should Coast Guard, Attn: Melissa Evans, 1900 send a written expression of interest to Half St., SW., CG–431, Washington, DC AGENCY: Office of the Assistant HHS, addressed to Theresa Rita, 20593–0001; (202) 475–5628; Energy: Secretary for Community Planning and Division of Property Management, Mr. Mark Price, Department of Energy, Development, HUD. Program Support Center, HHS, room Office of Engineering & Construction ACTION: Notice. 5B–17, 5600 Fishers Lane, Rockville, Management, MA–50, 1000 MD 20857; (301) 443–2265. (This is not Independence Ave, SW., Washington, SUMMARY: This Notice identifies a toll-free number.) HHS will mail to the DC 20585: (202) 586–5422; GSA: Mr. unutilized, underutilized, excess, and interested provider an application Gordon Creed, Acting Deputy Assistant surplus Federal property reviewed by packet, which will include instructions Commissioner, General Services HUD for suitability for possible use to for completing the application. In order Administration, Office of Property assist the homeless. to maximize the opportunity to utilize a Disposal, 18th & F Streets, NW., FOR FURTHER INFORMATION CONTACT: suitable property, providers should Washington, DC 20405; (202) 501–0084; Kathy Ezzell, Department of Housing submit their written expressions of Interior: Mr. Michael Wright, and Urban Development, 451 Seventh interest as soon as possible. For Acquisition & Property Management, Street, SW., Room 7266, Washington, complete details concerning the Department of the Interior, 1849 C DC 20410; telephone (202) 708–1234; processing of applications, the reader is Street, NW, MS2603, Washington, DC TTY number for the hearing- and encouraged to refer to the interim rule 20240; (202) 208–5399; Navy: Mrs. Mary speech-impaired (202) 708–2565 (these governing this program, 24 CFR part Arndt., Acting Director, Department of telephone numbers are not toll-free), or 581. the Navy, Real Estate Services, Naval call the toll-free Title V information line For properties listed as suitable/to be Facilities Engineering Command, at 800–927–7588. excess, that property may, if Washington Navy Yard, 1322 Patterson subsequently accepted as excess by SUPPLEMENTARY INFORMATION: In Ave., SE., Suite 1000, Washington, DC GSA, be made available for use by the 20374–5065; (202) 685–9305; VA: Mr. accordance with 24 CFR part 581 and homeless in accordance with applicable section 501 of the Stewart B. McKinney George L. Szarcman, Acting Director, law, subject to screening for other Real Property Service (183C), Homeless Assistance Act (42 U.S.C. Federal use. At the appropriate time, 11411), as amended, HUD is publishing Department of Veterans Affairs, 811 HUD will publish the property in a Vermont Avenue, NW., Room 555, this Notice to identify Federal buildings Notice showing it as either suitable/ and other real property that HUD has Washington, DC 20420; (202) 565–5398; available or suitable/unavailable. (These are not toll-free numbers). reviewed for suitability for use to assist For properties listed as suitable/ the homeless. The properties were unavailable, the landholding agency has Dated: February 17, 2009. reviewed using information provided to decided that the property cannot be Mark R. Johnston, HUD by Federal landholding agencies declared excess or made available for Deputy Assistant Secretary for Special Needs. regarding unutilized and underutilized use to assist the homeless, and the buildings and real property controlled TITLE V, FEDERAL SURPLUS PROPERTY property will not be available. PROGRAM REPORT FOR 02/27/2009 by such agencies or by GSA regarding Properties listed as unsuitable will its inventory of excess or surplus not be made available for any other Suitable/Available Properties Federal property. This Notice is also purpose for 20 days from the date of this Building published in order to comply with the Notice. Homeless assistance providers Arizona December 12, 1988 Court Order in interested in a review by HUD of the National Coalition for the Homeless v. Bldg. 149 determination of unsuitability should Desert View Veterans Administration, No. 88–2503– call the toll free information line at 1– Grand Canyon AZ 86023 OG (D.D.C.). 800–927–7588 for detailed instructions Landholding Agency: Interior Properties reviewed are listed in this or write a letter to Mark Johnston at the Property Number: 61200830001 Notice according to the following address listed at the beginning of this Status: Excess categories: Suitable/available, suitable/ Notice. Included in the request for Comments: 791 sq. ft., needs rehab, most unavailable, suitable/to be excess, and review should be the property address recent use—residential, off-site use only unsuitable. The properties listed in the (including zip code), the date of California three suitable categories have been publication in the Federal Register, the Boyle Heights SSA Bldg. reviewed by the landholding agencies, landholding agency, and the property N. Breed St. and each agency has transmitted to number. Los Angeles CA 90033 HUD: (1) Its intention to make the For more information regarding Landholding Agency: GSA property available for use to assist the particular properties identified in this Property Number: 54200840010 homeless, (2) its intention to declare the Notice (i.e., acreage, floor plan, existing Status: Surplus GSA Number: 9–G–CA–1676 property excess to the agency’s needs, or sanitary facilities, exact street address), Comments: 10,815 sq. ft., requires seismic (3) a statement of the reasons that the providers should contact the strengthening to satisfy substantial life- property cannot be declared excess or appropriate landholding agencies at the safety criteria; expected lateral loads in made available for use as facilities to following addresses: Air Force: Mr. structure rather high assist the homeless. Robert Moore, Air Force Real Property Colorado Properties listed as suitable/available Agency, 143 Billy Mitchell Blvd., Suite Bldg. 2 will be available exclusively for 1, San Antonio, TX 78226; (210) 925– VAMC homeless use for a period of 60 days 3047; Army: Ms. Veronica Rines, 2121 North Avenue from the date of this Notice. Where Department of the Army, Office of the Grand Junction Co: Mesa CO 81501
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Landholding Agency: VA N. Indiana Health Care System Schoodic Ed & Rsh Ctr Property Number: 97200430001 Marion Co: Grant IN 46952 Acadia National Park Status: Unutilized Landholding Agency: VA Hancock ME Comments: 3298 sq. ft., needs major rehab, Property Number: 97200310002 Landholding Agency: Interior presence of asbestos/lead paint Status: Unutilized Property Number: 61200830009 Bldg. 3 Comments: 20,550 sq. ft., needs extensive Status: Unutilized VAMC repairs, presence of asbestos, most recent Comments: 1200 sq. ft., presence of asbestos/ 2121 North Avenue use—patient ward lead paint, most recent use—shed, off-site Grand Junction Co: Mesa CO 81501 Bldg. 4 use only Landholding Agency: VA N. Indiana Health Care System Bldg. 1210 Property Number: 97200430002 Marion Co: Grant IN 46952 Schoodic Ed & Rsh Ctr Status: Unutilized Landholding Agency: VA Acadia National Park Comments: 7275 sq. ft., needs major rehab, Property Number: 97200310003 Hancock ME presence of asbestos/lead paint Status: Unutilized Landholding Agency: Interior Indiana Comments: 20,550 sq. ft., needs extensive Property Number: 61200830011 repairs, presence of asbestos, most recent Status: Unutilized Bldg. 105, VAMC use—patient ward Comments: 108 sq. ft., most recent use— East 38th Street shed, off-site use only Marion Co: Grant IN 46952 Bldg. 13 Landholding Agency: VA N. Indiana Health Care System Bldg. 1213 Property Number: 97199230006 Marion Co: Grant IN 46952 Schoodic Ed & Rsh Ctr Status: Excess Landholding Agency: VA Acadia National Park Comments: 310 sq. ft., 1 story stone structure, Property Number: 97200310004 Hancock ME no sanitary or heating facilities, Natl Status: Unutilized Landholding Agency: Interior Register of Historic Places Comments: 8971 sq. ft., needs extensive Property Number: 61200830012 repairs, presence of asbestos, most recent Status: Unutilized Bldg. 10 use—office Comments: 544 sq. ft., most recent use— VA Northern Indiana Health Care System maintenance, off-site use only Marion Campus, 1700 East 38th Street Bldg. 42 Marion Co: Grant IN 46953 N. Indiana Health Care System Bldgs. 1224, 1232 Landholding Agency: VA Marion Co: Grant IN 46952 Schoodic Ed & Rsh Ctr Property Number: 97199810002 Landholding Agency: VA Acadia National Park Status: Underutilized Property Number: 97200310007 Hancock ME Comments: 16,361 sq. ft., presence of Status: Unutilized Landholding Agency: Interior asbestos, most recent use—psychiatric Comments: 5025 sq. ft., needs extensive Property Number: 61200830013 ward, National Register of Historic Places repairs, presence of asbestos, most recent Status: Unutilized use—office Comments: 543/768 sq. ft., most recent use— Bldg. 11 storage, off-site use only VA Northern Indiana Health Care System Bldg. 60 Marion Campus, 1700 East 38th Street N. Indiana Health Care System Maryland Marion Co: Grant IN 46952 Marion Co: Grant IN 46953 Bldg. 348 Landholding Agency: VA Landholding Agency: VA Property Number: 97200310008 Naval Support Activity Property Number: 97199810003 Annapolis MD 21402 Status: Underutilized Status: Unutilized Comments: 18,126 sq. ft., needs extensive Landholding Agency: Navy Comments: 16,361 sq. ft., presence of Property Number: 77200910007 asbestos, most recent use—psychiatric repairs, presence of asbestos, most recent use—office Status: Unutilized ward, National Register of Historic Places Comments: 5728 sq. ft., most recent use— Bldg. 18 Bldg. 122 office, off-site use only VA Northern Indiana Health Care System N. Indiana Health Care System Marion Co: Grant IN 46952 Bldgs. NA128, NA134 Marion Campus, 1700 East 38th Street Naval Support Activity Marion Co: Grant IN 46953 Landholding Agency: VA Property Number: 97200310009 Annapolis MD 21402 Landholding Agency: VA Landholding Agency: Navy Property Number: 97199810004 Status: Unutilized Comments: 37,135 sq. ft., needs extensive Property Number: 77200910008 Status: Underutilized Status: Unutilized repairs, presence of asbestos, most recent Comments: 13,802 sq. ft., presence of Comments: 12,700 sq. ft., possible asbestos, use—dining hall/kitchen asbestos, most recent use—psychiatric most recent use—warehouse, off-site use ward, National Register of Historic Places Maine only Bldg. 25 Bldg. 1010 Bldg. 99RL VA Northern Indiana Health Care System Schoodic Ed & Rsh Ctr Naval Support Activity Marion Campus, 1700 East 38th Street Acadia National Park Annapolis MD 21402 Marion Co: Grant IN 46953 Hancock ME Landholding Agency: Navy Landholding Agency: VA Landholding Agency: Interior Property Number: 77200910012 Property Number: 97199810005 Property Number: 61200830007 Status: Unutilized Status: Unutilized Status: Unutilized Comments: possible asbestos/lead paint, Comments: 32,892 sq. ft., presence of Comments: 14200 sq. ft., presence of most recent use—gatehouse, off-site use asbestos, most recent use—psychiatric asbestos/lead paint, most recent use— only ward, National Register of Historic Places office, off-site use only Bldg. 81NS Bldg. 1 Bldg. 1046 Naval Support Activity N. Indiana Health Care System Schoodic Ed & Rsh Ctr Annapolis MD 21402 Marion Co: Grant IN 46952 Acadia National Park Landholding Agency: Navy Landholding Agency: VA Hancock ME Property Number: 77200910013 Property Number: 97200310001 Landholding Agency: Interior Status: Unutilized Status: Unutilized Property Number: 61200830008 Comments: 3968 sq. ft., possible asbestos, Comments: 20,287 sq. ft., needs extensive Status: Unutilized most recent use—dental clinic, off-site use repairs, presence of asbestos, most recent Comments: 178 sq. ft., presence of lead paint, only use—patient ward most recent use—storage, off-site use only Bldg. NA60 Bldg. 3 Bldg. 1172 Naval Support Activity
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Annapolis MD 21402 offices, eligible for Natl Register of Historic VA Medical Center Landholding Agency: Navy Places 1515 West Pleasant St. Property Number: 77200910014 Pennsylvania Knoxville Co: Marion IA 50138 Status: Unutilized Landholding Agency: VA Comments: 16,380 sq. ft., presence of Fmr Visitor Ctr/Cyclorama Bldg Property Number: 97199740002 asbestos, most recent use—shops/offices, National Military Park Status: Unutilized off-site use only Gettysburg PA 17325 Comments: Golf course, easement Landholding Agency: Interior requirements Bldg. NA62 Property Number: 61200830002 Naval Support Activity Status: Excess Michigan Annapolis MD 21402 Comments: Needs major rehab, off-site use Former Elf Comm. Facility Landholding Agency: Navy only Property Number: 77200910015 3041 County Road Status: Unutilized Texas Republic MI 49879 Landholding Agency: GSA Comments: 800 sq. ft., most recent use— Border Patrol Station Property Number: 54200840012 pavilion, off-site use only Sanderson TX 79843 Status: Excess Landholding Agency: GSA Bldg. NA330 GSA Number: 1–N–MI–0827 Property Number: 54200910006 Naval Support Activity Comments: 6.69 acres w/transmiter bldg, Status: Excess Annapolis MD 21402 support bldg., gatehouse, endangered GSA Number: 7–X–TX–1097 Landholding Agency: Navy species Property Number: 77200910016 Comments: 1500 sq. ft., most recent use— Status: Unutilized office/garage Texas Comments: 15,810 sq. ft., possible asbestos/ Wisconsin Land lead paint, most recent use—office space, Olin E. Teague Veterans Center off-site use only Bldg. 8 VA Medical Center 1901 South 1st Street Bldgs. 295NS, 296NS County Highway E Temple Co: Bell TX 76504 Naval Support Activity Tomah Co: Monroe WI 54660 Landholding Agency: VA Annapolis MD 21402 Landholding Agency: VA Property Number: 97199010079 Landholding Agency: Navy Property Number: 97199010056 Status: Underutilized Property Number: 77200910017 Status: Underutilized Comments: 13 acres, portion formerly Status: Unutilized Comments: 2200 sq. ft., 2 story wood frame, landfill, portion near flammable materials, Comments: 5250 sq. ft., possible asbestos/ possible asbestos, potential utilities, railroad crosses property, potential utilities lead paint, most recent use—alert forces structural deficiencies, needs rehab. Washington operation, offsite use only Land 6798 sq. ft. land Michigan Navy Region Northwest Alabama Trenton Border Patrol Station Bremerton WA 23100 West Road VA Medical Center Landholding Agency: Navy Brownstown MI 48183 VAMC Property Number: 77200830024 Landholding Agency: GSA Tuskegee Co: Macon AL 36083 Status: Unutilized Property Number: 54200910003 Landholding Agency: VA Comments: Vacant land Property Number: 97199010053 Status: Excess Wisconsin GSA Number: 1–X–MI–828–1 Status: Underutilized VA Medical Center Comments: 3989 sq. ft., possible asbestos/ Comments: 40 acres, buffer to VA Medical Center, potential utilities, undeveloped. County Highway E lead paint, most recent use—office/storage Arkansas Tomah Co: Monroe WI 54660 Missouri Landholding Agency: VA Tracts SG–2–8a, 8b Federal Bldg/Courthouse Property Number: 97199010054 Portions 339 Broadway St. Status: Underutilized Apache Junction AR 85220 Cape Girardeau MO 63701 Comments: 12.4 acres, serves as buffer Landholding Agency: Interior Landholding Agency: GSA between center and private property, no Property Number: 61200910001 Property Number: 54200840013 utilities Status: Excess Status: Excess Comments: 1.36 acres, water treatment plant Building GSA Number: 7–G–MO–0673 access Comments: 47,867 sq. ft., possible asbestos/ Arizona lead paint, needs maintenance & seismic California Water Conservation Lab upgrades, 30% occupied—tenants to Tract 1607 4331 E. Broadway Rd. relocate within 2 yrs Lake Sonoma Phoenix AZ 85040 New York Rockpile Rd. Landholding Agency: GSA Geyserville CA 85746 Property Number: 54200820013 Agriculture Inspection Station Landholding Agency: GSA Status: Excess 193 Meridan Road Property Number: 54200840011 GSA Number: 9–A–AZ–846–1 Champlain NY 12919 Status: Surplus Comments: 11365 sq. ft. main bldg w/11 Landholding Agency: GSA GSA Number: 9–GR–CA–1504 additional bldgs. & 66 paved parking Property Number: 54200910004 Comments: Approx. 139 acres, northern spaces, easement restrictions, zoning issue Status: Excess portion not accessible because of steep California GSA Number: 1–G–NY–0950–1 slopes, rare manzanita species Comments: 2869 sq. ft., possible asbestos/ Social Security Building Land lead paint 505 North Court Street 4150 Clement Street Visalia Co: Tulare CA 93291 Bldg. 3 San Francisco Co: San Francisco CA 94121 Landholding Agency: GSA VA Medical Center Landholding Agency: VA Property Number: 54200610010 Batavia Co: Genesee NY 14020 Property Number: 97199240001 Status: Surplus Landholding Agency: VA Status: Underutilized GSA Number: 9–G–CA–1643 Property Number: 97200520001 Comments: 4 acres; landslide area Status: Unutilized Comments: 11,727 sq. ft., possible lead paint, Comments: 5840 sq. ft., needs rehab, Iowa most recent use—office presence of asbestos, most recent use— 40.66 acres Old Customs House
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12 Heffernan Ave. Property Number: 54200720020 Landholding Agency: GSA Calexico CA 92231 Status: Excess Property Number: 54200830012 Landholding Agency: GSA GSA Number: 1–G–MI–822 Status: Surplus Property Number: 54200710016 Comments: 10,283 sq. ft., most recent use— GSA Number: 7–A–MT–0627 Status: Surplus office Comments: 63 sq. ft., most recent use— GSA Number: 9–G–CA–1658 storage, off-site use only Minnesota Comments: 16,108 sq. ft., possible asbestos/ Bldg. 2000 lead paint, zoned commercial, major Memorial Army Rsv Ctr Beaverhead MT 59762 repairs for long term use, historic building 1804 3rd Avenue Landholding Agency: GSA Defense Fuel Support Pt. International Falls Co: Koochiching MN Property Number: 54200830013 Estero Bay Facility 56649 Status: Surplus Landholding Agency: GSA Morro Bay CA 93442 GSA Number: 7–A–MT–0627 Property Number: 54200620002 Landholding Agency: GSA Comments: 998 sq. ft., most recent use— Status: Excess Property Number: 54200810001 office, off-site use only GSA Number: 1–D–MN–586 Status: Surplus Bldg. 3501 Comments: 8992 sq. ft., presence of asbestos/ GSA Number: 9–N–CA–1606 Jefferson MT lead paint, most recent use—admin/storage Comments: Former 10 acre fuel tank farm w/ Landholding Agency: GSA associated bldgs/pipelines/equipment, Montana Property Number: 54200830014 Status: Surplus possible asbestos/PCBs Bldg. 1045 GSA Number: 7–A–MT–0627 Hawaii Kootenai Comments: 50 ft., most recent use—tower, Hwy 508 Bldg. 2652 off-site use only Navy Aloha Center Lincoln MT 59935 Bldg. 2002 Pearl Harbor HI 96860 Landholding Agency: GSA Property Number: 54200830007 Flathead Landholding Agency: Navy Big Fork MT 59911 Property Number: 77200710039 Status: Surplus GSA Number: 7–A–MT–0627 Landholding Agency: GSA Status: Underutilized Property Number: 54200830015 Comments: 9125 sq. ft., most recent use— Comments: 1385 sq. ft., most recent use— residence, off-site use only Status: Surplus office GSA Number: 7–A–MT–0627 Indiana Bldg. 1063 Comments: 750 sq. ft., most recent use— Kootenai office, off-site use only Fed. Bldg./Courthouse Hwy 508 507 State Street Lincoln MT 59935 Bldg. 1000 Hammond IN 46320 Landholding Agency: GSA Lewis & Clark Judith Basin MT 59479 Landholding Agency: GSA Property Number: 54200830008 Landholding Agency: GSA Property Number: 54200710003 Status: Surplus Property Number: 54200830017 Status: Excess GSA Number: 7–A–MT–0627 Status: Surplus GSA Number: 1–G–IN–590 Comments: 3145 sq. ft., most recent use— GSA Number: 7–A–MT–0627 Comments: 43,133 sq. ft., presence of residence, off-site use only asbestos, most recent use—office, National Comments: 1432 sq. ft., most recent use— Bldg. 1324 Register of Historic Places residence, off-site use only Kootenai Bldg. 2429 Radio Tower Hwy 508 Lewis & Clark Cannelton Locks & Dam Lincoln MT 59935 Judith Basin MT 59479 Perry IN Landholding Agency: GSA Landholding Agency: GSA Landholding Agency: GSA Property Number: 54200830009 Property Number: 54200830018 Property Number: 54200830020 Status: Surplus Status: Excess Status: Surplus GSA Number: 7–A–MT–0627 GSA Number: 7–A–MT–0627 GSA Number: 1–D–IN–569E Comments: 2297 sq. ft., presence of asbestos, Comments: Tower/88 sq. ft. comm storage Comments: 240 sq. ft., most recent use— most recent use—bunkhouse, off-site use shed, off-site use only bldg., heavily wooded area only John A. Bushemi USARC VA MT Healthcare 210 S. Winchester Bldg. 1325 Miles City Co: Custer MT 59301 3510 W 15th Ave Kootenai Gary IN 46404 Landholding Agency: VA Hwy 508 Property Number: 97200030001 Landholding Agency: GSA Lincoln MT 59935 Property Number: 54200830027 Status: Underutilized Landholding Agency: GSA Comments: 18 buildings, total sq. ft. = Status: Excess Property Number: 54200830010 GSA Number: 1–D–IN–0602 123,851, presence of asbestos, most recent Status: Surplus use—clinic/office/food production Comments: 18,689 sq. ft. admin bldg & 3780 GSA Number: 7–A–MT–0627 sq. ft. maintenance bldg Comments: 2297 sq ft., presence of asbestos, Nebraska Massachusetts most recent use—bunkhouse, off-site use Environmental Chemistry only Branch Laboratory 420 South 18th St., Federal Office Bldg Bldg. 2326 Omaha NE 68102 Main & Bridge St. Landholding Agency: GSA Springfield MA 01101 Kootenai Hwy 508 Property Number: 54200810010 Landholding Agency: GSA Status: Excess Property Number: 54200740002 Lincoln MT 59935 Landholding Agency: GSA GSA Number: 7–D–NE–532 Status: Excess Comments: 11,250 sq. ft., needs repair, GSA Number: MA–6262–1 Property Number: 54200830011 Status: Surplus frequent basement flooding, requires large Comments: 30,000 sq. ft., 27% occupied, sump pumps, most recent use—laboratory recommend complete system upgrade GSA Number: 7–A–MT–0627 Comments: 180 sq. ft., most recent use— New Jersey Michigan storage, off-site use only Camp Petricktown Sup. Facility Social Security Bldg. Bldg. 2641 US Route 130 929 Stevens Road Kootenai Pedricktown NJ 08067 Flint MI 48503 Hwy 508 Landholding Agency: GSA Landholding Agency: GSA Lincoln MT 59935 Property Number: 54200740005
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Status: Excess Property Number: 54200630002 House #1 GSA Number: 1–D–NJ–0662 Status: Surplus 10925 Hwy 28 Comments: 21 bldgs., need rehab, most GSA Number: 7–G–ND–0512 Sherwood Co: Renville ND 58782 recent use—barracks/mess hall/garages/ Comments: 565 sq. ft., off-site use only Landholding Agency: GSA quarters/admin., may be issues w/right of Noonan Garage Property Number: 54200720014 entry, utilities privately controlled, Hwy 40 Status: Surplus contaminants Noonan Co: Divide ND 58765 GSA Number: 7–X–ND–0518–1B New York Landholding Agency: GSA Comments: 1228 sq. ft. residence, off-site use Property Number: 54200630003 only Fleet Mgmt. Center Status: Surplus House #2 5—32nd Street GSA Number: 7–G–ND–0511 Brooklyn NY 11232 10927 Hwy 28 Comments: 520 sq. ft., presence of asbestos, Sherwood Co: Renville ND 58782 Landholding Agency: GSA off-site use only Property Number: 54200620015 Landholding Agency: GSA Status: Surplus Westhope Garage Property Number: 54200720015 GSA Number: 1–G–NY–0872B Hwy 83 Status: Surplus Comments: 12,693 sq. ft., most recent use— Westhope Co: Bottineau ND 58793 GSA Number: 7–;X–ND–0518–1A motor pool, heavy industrial Landholding Agency: GSA Comments: 1228 sq. ft. residence, off-site use Property Number: 54200630004 only Federal Building Status: Surplus Brinkerhoff/Margaret Streets North House GSA Number: 7–G–ND–0513 10913 Hwy 83 Plattsburgh NY 12901 Comments: 515 sq. ft., off-site use only Landholding Agency: GSA Westhope Co: Bottineau ND 58793 Property Number: 54200820005 North House Landholding Agency: GSA Status: Surplus 10951 County Road Property Number: 54200720016 GSA Number: 1–G–NY–0898–1A Hannah Co: Cavalier ND 58239 Status: Surplus Comments: 13,833 sq. ft., eligible for National Landholding Agency: GSA GSA Number: 7–X–ND–0519–1B Register of Historic Places w/National Property Number: 54200720008 Comments: 1218 sq. ft. residence, off-site use Ranking of 5, most recent use—office, Status: Surplus only federal tenants to relocate in August 2008 GSA Number: 7–X–ND–0515–1A South House Comments: 1128 sq. ft. residence, off-site use North Carolina 10909 Hwy 83 only Westhope Co: Bottineau ND 58793 USCG Station Bldgs. South House Landholding Agency: GSA Cape Hatteras 10949 County Road Property Number: 54200720017 Buxton Co: Dare NC Hannah Co: Cavalier ND 58239 Status: Surplus Landholding Agency: GSA Landholding Agency: GSA GSA Number: 7–X–ND–0519–1A Property Number: 54200720002 Property Number: 54200720009 Comments: 1218 sq. ft. residence, off-site use Status: Excess Status: Surplus only GSA Number: 4–U–ND–0747A GSA Number: 7–X–ND–0515–1B Comments: 5 bldgs./11 Other structures, Comments: 1128 sq. ft. residence, off-site use Ohio contamination only NIKE Site Cd-46 Federal Building North House Felicity OH 241 Sunset Ave. Highway 40 Landholding Agency: GSA Asheboro Co: Randolph NC 27203 Noonan Co: Divide ND 58765 Property Number: 31200740015 Landholding Agency: GSA Landholding Agency: GSA Status: Excess Property Number: 54200840007 Property Number: 54200720010 GSA Number: 1–D–OH–0832 Status: Excess Status: Surplus Comments: 8 bldgs., most recent use—Ohio GSA Number: 4–G–NC–0746–2AB GSA Number: 7–X–ND–0517–1A Air Natl Guard site Comments: 6935 sq. ft., needs rehab, Comments: 1564 sq. ft. residence, off-site use PFC Joe R. Hastings presence of asbestos/possible lead paint, only Army Reserve Center most recent use—office, covenant included South House 3120 Parkway Dr. noting building’s National Register Highway 40 Canton OH 44708 eligibility Noonan Co: Divide ND 58765 Landholding Agency: GSA North Dakota Landholding Agency: GSA Property Number: 54200840008 Property Number: 54200720011 Status: Excess Residence #1 Status: Surplus GSA Number: 1–D–OH–835 Hwy 30/Canadian Border GSA Number: 7–X–ND–0517–1B Comments: 27,603 sq.ft./admin bldg. & St. John Co: Rolette ND 58369 Comments: 1564 sq. ft. residence, off-site use vehicle maint. bldg., presence of asbestos/ Landholding Agency: GSA only lead paint/radon/PCBs Property Number: 54200620005 North House Bldg. 116 Status: Excess Rt. 1, Box 66 GSA Number: 7–G–ND–0504 VA Medical Center Sarles Co: Cavalier ND 58372 Dayton Co: Montgomery OH 45428 Comments: 1300 sq. ft., possible asbestos/ Landholding Agency: GSA lead paint, off-site use only Landholding Agency: VA Property Number: 54200720012 Property Number: 97199920002 Residence #2 Status: Surplus Status: Unutilized Hwy 30/Canadian Border GSA Number: 7–X–ND–0516–1B Comments: 3 floors, potential utilities, needs St. John Co: Rolette ND 58369 Comments: 1228 sq. ft. residence, off-site use major rehab, presence of asbestos/lead Landholding Agency: GSA only paint, historic property Property Number: 54200620006 South House Status: Excess Rt. 1, Box 67 Oregon GSA Number: 7–G–ND–0505 Sarles Co: Cavalier ND 58372 3 Bldgs/Land Comments: 1300 sq. ft., possible asbestos/ Landholding Agency: GSA OTHR–B Radar lead paint, off-site use only Property Number: 54200720013 Cty Rd 514 Sherwood Garage Status: Surplus Christmas Valley OR 97641 Hwy 28 GSA Number: 7–X–ND–0516–1A Landholding Agency: GSA Sherwood Co: Renville ND 58782 Comments: 1228 sq. ft. residence, off-site use Property Number: 54200840003 Landholding Agency: GSA only Status: Excess
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GSA Number: 9–D–OR–0768 GSA Number: 7–D–UT–0421–AD Landholding Agency: GSA Comments: 14000 sq. ft. each/2626 acres, Comments: 320 sq. ft. metal bldg., 0.872 acres Property Number: 54200830025 most recent use—radar site, right-of-way and 3.5 acres perpetual easements Status: Surplus GSA Number: 7–U–CO–0676 U.S. Customs House Washington 220 NW 8th Ave. Comments: 0.39 acres Blaine Parking Lot Portland OR Hawaii Landholding Agency: GSA SR 543 Property Number: 54200840004 Blaine WA 98230 6 Parcels Status: Excess Landholding Agency: GSA Naval Station GSA Number: 9–D–OR–0733 Property Number: 54200830028 Pearl Harbor HI 96818 Comments: 100,698 sq. ft., historical Status: Excess Landholding Agency: Navy property/National Register, most recent GSA Number: 9–G–WA–1242 Property Number: 77200840012 use—office, needs to be brought up to meet Comments: 2665 sq. ft., border crossing Status: Unutilized Comments: Various acres; encumbered by earthquake code and local bldg codes, Wisconsin presence of asbestos/lead paint substantial improvements owned by a Bldg. 2 private navy tenant Samoa VA Medical Center Iowa 6 Housing Units 5000 West National Ave. Lima & FA Streets Milwaukee WI 53295 38 acres Tafuna AQ 96799 Landholding Agency: VA VA Medical Center Landholding Agency: GSA Property Number: 97199830002 1515 West Pleasant St. Property Number: 54200710001 Status: Underutilized Knoxville Co: Marion IA 50138 Status: Surplus Comments: 133,730 sq. ft., needs rehab, Landholding Agency: VA GSA Number: 9–U–AS–002 presence of asbestos/lead paint, most Property Number: 97199740001 Comments: 1722 or 1354 sq. ft., must recent use—storage Status: Unutilized negotiate long-term ground lease w/the Comments: Golf course Land Govt of American Samoa Maryland Arizona Unit #25 3.54 acres Lima & FA Streets Parking Lot Andrews AFB Tafuna AQ 322 N 2nd Ave. Upper Marlboro MD Landholding Agency: GSA Phoenix AZ 85003 Landholding Agency: GSA Property Number: 54200740001 Landholding Agency: GSA Property Number: 54200810005 Status: Surplus Property Number: 54200740007 Status: Surplus GSA Number: 9–U–AS–002AB Status: Surplus GSA Number: MD(R–11)0598–1 Comments: 1722 sq. ft., presence of lead GSA Number: AZ–6293–1 Comments: Strip parcel of land w/limited paint, most recent use—residential, off-site Comments: Approx. 21,000 sq. ft., parcel in development potential use only or negotiate ground lease with OU3 study area for clean-up local govt SRP Ditch Massachusetts Texas 24th St. & Jones Ave. FAA Site Phoenix AZ 85040 Massasoit Bridge Rd. Bldgs. 5, 6, 7 Landholding Agency: GSA Nantucket MA 02554 Federal Center Property Number: 54200840001 Landholding Agency: GSA 501 West Felix Street Status: Surplus Property Number: 54200830026 Ft. Worth Co: Tarrant TX 76115 GSA Number: AZ–0849–AA Status: Surplus Landholding Agency: GSA Comments: Approx. 4131 sq. ft. unimproved GSA Number: MA–0895 Property Number: 54200640002 land, floodplain Comments: Approx 92 acres, entire parcel Status: Excess within MA Division of Fisheries & Wildlife GSA Number: 7–G–TX–0767–3 Colorado Natural Heritage & Endangered Species Comments: 3 warehouses with concrete Outer Marker—2.8 acres Program foundation, off-site use only Denver OUF Michigan Federal Center (Bldg 11A) Denver CO 501 West Felix St. Landholding Agency: GSA VA Medical Center Fort Worth TX 76115 Property Number: 54200830022 5500 Armstrong Road Landholding Agency: GSA Status: Surplus Battle Creek Co: Calhoun MI 49016 Property Number: 54200840005 GSA Number: 7–U–CO–0674 Landholding Agency: VA Status: Excess Comments: 2.8 acres Property Number: 97199010015 GSA Number: 7–G–TX–0767AF Outer Marker—0.084 acres Status: Underutilized Comments: 8324 sq. ft., most recent use— Denver JOY Comments: 20 acres, used as exercise trails office, off-site use only Denver CO and storage areas, potential utilities Microwave Antenna Tower Site Landholding Agency: GSA Oklahoma 353 PR 207 Property Number: 54200830023 Tracts 107, 202 Ivanhoe TX 75447 Status: Surplus Candy Lake Project Landholding Agency: GSA GSA Number: 7–U–CO–0675 Osage OK Property Number: 54200840009 Comments: 0.084 acres Status: Surplus Landholding Agency: GSA GSA Number: 7–D–TX–1104 Outer Marker—0.39 acres Property Number: 54200710004 Comments: 128 sq. ft. on 6.592 acres, most Denver FUI Status: Surplus recent use—storage Denver CO GSA Number: 7–D–OK–0529–1–F, U Landholding Agency: GSA Comments: 604.92 acres, cattle grazing Utah Property Number: 54200830024 ILS Middle Marker Annex Status: Surplus Oregon NE of Hill AFB GSA Number: 7–U–CO–0673 20 acres Tooele UT 84056 Comments: 0.3 acres Cow Hollow Park Landholding Agency: GSA Outer Marker—0.39 acres Nyssa OR 97913 Property Number: 54200820004 Denver DPP Landholding Agency: GSA Status: Excess Denver CO Property Number: 54200820007
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Status: Excess Comments: 0.674 acre, radar facility, Bldg. B02 GSA Number: 9–I–OR–769 published incorrectly on 8/15/08 as USCG DGPS Comments: 20 acres w/shower/restroom, available Annette Island AK 99926 eligible for listing on Historic Register FAA Outer Marker 36L Landholding Agency: Coast Guard Grand Prairie TX 75050 Property Number: 88200820001 Pennsylvania Landholding Agency: GSA Status: Excess Approx. 16.88 Property Number: 54200830003 Reasons: Secured Area 271 Sterrettania Rd. Status: Surplus Bldg. B02 Erie PA 16506 GSA Number: 7–U–TX–1101 USCG DGPS Landholding Agency: GSA Comments: 0.401 acre, radar facility Gustavus AK 99826 Property Number: 54200820011 Wyoming Landholding Agency: Coast Guard Status: Surplus Property Number: 88200820002 GSA Number: 4–D–PA–0810 Cody Wyoming Property Status: Excess Comments: Vacant land Hwy 20 Reasons: Secured Area Park WY Bldg. 10 VA Medical Center Landholding Agency: GSA LORAN Station New Castle Road Property Number: 54200840006 Carroll Inlet AK Butler Co: Butler PA 16001 Status: Surplus Landholding Agency: Coast Guard Landholding Agency: VA GSA Number: 7–I–WY–0547 Property Number: 88200840001 Property Number: 97199010016 Comments: 2.1 acres Status: Underutilized Status: Excess Comments: Approx. 9.29 acres, used for Unsuitable Properties Reasons: Not accessible by road; Extensive deterioration patient recreation, potential utilities Building California Pennsylvania Alabama March Water Annex 2 Land No. 645 Bldg. 7 Perris CA VA. Medical Center VA Medical Center Landholding Agency: GSA Highland Drive Tuskegee Co: Macon AL 36083 Property Number: 54200810004 Pittsburgh Co: Allegheny PA 15206 Landholding Agency: VA Status: Excess Landholding Agency: VA Property Number: 97199730001 GSA Number: 9–D–CA–1211 Property Number: 97199010080 Status: Underutilized Reasons: Within airport runway clear zone Reasons: Secured Area Status: Unutilized 2 Trailers Directions: Between Campania and Wiltsie Bldg. 8 Mades/Skyline Buddy Streets. VA Medical Center Paicines CA 95043 Comments: 90.3 acres, heavily wooded, Tuskegee Co: Macon AL 36083 Landholding Agency: Interior property includes dump area and Landholding Agency: VA Property Number: 61200830003 numerous site storm drain outfalls Property Number: 97199730002 Status: Excess Status: Underutilized Land—34.16 acres Reasons: Extensive deterioration Reasons: Secured Area VA Medical Center Bldg. 2533 1400 Black Horse Hill Road Alaska Marine Corps Base Coatesville Co: Chester PA 19320 Admin. Site Camp Pendleton CA 92055 Landholding Agency: VA 624 Mill St. Landholding Agency: Navy Property Number: 97199340001 Ketchikan Co: Gateway AK 99901 Property Number: 77200520005 Status: Underutilized Landholding Agency: GSA Status: Excess Comments: 34.16 acres, open field, most Property Number: 54200740004 Reasons: Secured Area; Extensive recent use—recreation/buffer Status: Excess deterioration GSA Number: 9–I–AK–6296–1 Texas Bldg. 13111 Reasons: Within 2000 ft. of flammable or Marine Corps Base FAA Outer Marker 18 R/L VYN explosive material Camp Pendleton CA 92055 1420 Lakeside Pkwy Radar Tower Landholding Agency: Navy Flower Mound TX 75028 Potato Point Comm Site Property Number: 77200520006 Landholding Agency: GSA Valdez AK Status: Excess Property Number: 54200820017 Landholding Agency: Coast Guard Reasons: Extensive deterioration; Secured Status: Surplus Property Number: 88200710001 Area GSA Number: 7–U–TX–1090 Status: Excess Bldgs. 53325, 53326 Comments: 1.428 acres, radar facility, Reasons: Secured Area; Not accessible by Marine Corps Base published incorrectly on 8/15/08 as road; Within 2000 ft. of flammable or Camp Pendleton CA 92055 available explosive material Landholding Agency: Navy FAA Outer Marker 31R RAA Bldg. 12B Property Number: 77200520007 1600 Cooper Drive Integrated Support Command Status: Excess Irving TX 75061 Kodiak AK Reasons: Secured Area; Extensive Landholding Agency: GSA Landholding Agency: Coast Guard deterioration Property Number: 54200820018 Property Number: 88200810003 5 Bldgs. Status: Surplus Status: Excess Marine Corps Base 53421, 53424 thru 53427 GSA Number: 7–U–TX–1095 Reasons: Within 2000 ft. of flammable or Camp Pendleton CA 92055 Comments: 0.305 acre, radar facility, explosive material; Extensive deterioration; Landholding Agency: Navy published incorrectly on 8/15/08 as Secured Area Property Number: 77200520008 available Bldg. 554 Status: Excess FAA Outer Marker 35R AJQ Integrated Support Command Reasons: Secured Area; Extensive 300 W. Shady Grove Kodiak AK deterioration Grand Prairie TX 75050 Landholding Agency: Coast Guard Bldgs. 61311, 61313, 61314 Landholding Agency: GSA Property Number: 88200810004 Marine Corps Base Property Number: 54200820019 Status: Excess Camp Pendleton CA 92055 Status: Surplus Reasons: Secured Area; Within 2000 ft. of Landholding Agency: Navy GSA Number: 7–U–TX–1094 flammable or explosive material Property Number: 77200520009
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Status: Excess Reasons: Extensive deterioration San Diego CA Reasons: Secured Area; Extensive Bldg. 115 Landholding Agency: Navy deterioration Naval Base Property Number: 77200540003 Bldgs. 61320–61324, 61326 San Diego CA Status: Unutilized Marine Corps Base Landholding Agency: Navy Reasons: Extensive deterioration Camp Pendleton CA 92055 Property Number: 77200530012 Bldgs. 388, 389, 390, 391 Landholding Agency: Navy Status: Excess Naval Base Point Loma Property Number: 77200520010 Reasons: Extensive deterioration San Diego CA Status: Excess Bldg. 1674 Landholding Agency: Navy Reasons: Extensive deterioration; Secured Marine Corps Base Property Number: 77200540004 Area Camp Pendleton CA 92055 Status: Unutilized Bldgs. 62711 thru 62717 Landholding Agency: Navy Reasons: Extensive deterioration Marine Corps Base Property Number: 77200530027 Bldg. 16 Camp Pendleton CA 92055 Status: Excess Naval Submarine Base Landholding Agency: Navy Reasons: Extensive deterioration; Secured San Diego CA Property Number: 77200520011 Area Landholding Agency: Navy Status: Excess Bldgs. 2636, 2651, 2658 Property Number: 77200540017 Reasons: Extensive deterioration; Secured Marine Corps Base Status: Unutilized Area Camp Pendleton CA 92055 Reasons: Within 2000 ft. of flammable or Bldgs. 4 Landholding Agency: Navy explosive material; Secured Area; Naval Submarine Base Property Number: 77200530028 Extensive deterioration Point Loma CA Status: Excess Bldg. 325 Landholding Agency: Navy Reasons: Extensive deterioration; Secured Naval Base Property Number: 77200520014 Area Port Hueneme Co: Ventura CA 93043 Status: Unutilized 4 Bldgs. Landholding Agency: Navy Reasons: Extensive deterioration Marine Corps Base Property Number: 77200610001 Bldgs. 8915, 8931 Camp Pendleton CA 92055 Status: Unutilized Naval Weapons Station Landholding Agency: Navy Reasons: Within airport runway clear zone; Seal Beach CA 90740 Property Number: 77200530029 Extensive deterioration; Secured Area Landholding Agency: Navy Status: Excess Bldgs. 1647, 1648 Property Number: 77200530004 Directions: 26053, 26054, 26056, 26059 Marine Corps Base Status: Excess Reasons: Secured Area; Extensive Camp Pendleton CA 92055 Reasons: Extensive deterioration deterioration Landholding Agency: Navy Bldgs. 11, 112 Bldgs. 53333, 53334 Property Number: 77200610010 Naval Weapons Station Marine Corps Base Status: Excess Seal Beach CA 90740 Camp Pendleton CA 92055 Reasons: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldg. 1713 Property Number: 77200530005 Property Number: 77200530030 Marine Corps Base Status: Unutilized Status: Excess Camp Pendleton CA 92055 Reasons: Extensive deterioration Reasons: Extensive deterioration; Secured Landholding Agency: Navy Bldg. 805 Area Property Number: 77200610011 Naval Weapons Station Bldgs. 53507, 53569 Status: Excess Seal Beach CA 90740 Marine Corps Base Reasons: Extensive deterioration Landholding Agency: Navy Camp Pendleton CA 92055 Bldg. 220189 Property Number: 77200530006 Landholding Agency: Navy Marine Corps Base Status: Unutilized Property Number: 77200530031 Camp Pendleton CA 92055 Reasons: Extensive deterioration Status: Excess Landholding Agency: Navy Bldgs. 810 thru 823 Reasons: Secured Area; Extensive Property Number: 77200610014 Naval Weapons Station deterioration Status: Excess Seal Beach CA 90740 Bldg. 170111 Reasons: Extensive deterioration Landholding Agency: Navy Marine Corps Base Bldg. 2295 Property Number: 77200530007 Camp Pendleton CA 92055 Marine Corps Base Status: Unutilized Landholding Agency: Navy Camp Pendleton CA 92055 Reasons: Extensive deterioration Property Number: 77200530032 Landholding Agency: Navy Bldgs. 851, 859, 864 Status: Excess Property Number: 77200610015 Naval Weapons Station Reasons: Secured Area; Extensive Status: Excess Seal Beach CA 90740 deterioration Reasons: Extensive deterioration Landholding Agency: Navy Bldg. PM4–3 Bldgs. 22115, 22116, 22117 Property Number: 77200530008 Naval Base Marine Corps Base Status: Unutilized Oxnard Co: Ventura CA 93042 Camp Pendleton CA 92055 Reasons: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldg. 1146 Property Number: 77200530033 Property Number: 77200610016 Naval Base Status: Unutilized Status: Excess Port Hueneme Co: Ventura CA 93042 Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: Navy Bldg. 1781 Bldg. 143 Property Number: 77200530009 Marine Corps Base Naval Air Station Status: Unutilized Camp Pendleton CA 92055 Lemoore CA Reasons: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldgs. 1370, 1371, 1372 Property Number: 77200540001 Property Number: 77200610017 Naval Base Status: Excess Status: Excess Port Hueneme Co: Ventura CA 93042 Reasons: Secured Area; Extensive Reasons: Extensive deterioration Landholding Agency: Navy deterioration Bldgs. 213, 243, 273 Property Number: 77200530011 Bldgs. 398, 399, 404 Naval Air Station Status: Unutilized Naval Base Point Loma Lemoore CA
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Landholding Agency: Navy Bldg. 41816 Status: Unutilized Property Number: 77200610018 Marine Corps Base Reasons: Extensive deterioration; Secured Status: Excess Camp Pendleton CA 92055 Area Reasons: Extensive deterioration Landholding Agency: Navy Bldg. 323 Bldg. 303 Property Number: 77200610060 Naval Base Naval Air Station Status: Excess Port Hueneme Co: Ventura CA 93042 Lemoore CA Reasons: Extensive deterioration Landholding Agency: Navy Landholding Agency: Navy Bldgs. 1468, 1469 Property Number: 77200630016 Property Number: 77200610019 Naval Base Status: Unutilized Status: Excess Port Hueneme Co: Ventura CA 93043 Reasons: Extensive deterioration; Secured Reasons: Extensive deterioration Landholding Agency: Navy Area Bldg. 471 Property Number: 77200630002 Bldg. 488 Naval Air Station Status: Unutilized Naval Base Lemoore CA Reasons: Secured Area Port Hueneme Co: Ventura CA 93042 Landholding Agency: Navy Bldg. 30869 Landholding Agency: Navy Property Number: 77200610020 Naval Air Weapons Station Property Number: 77200630017 Status: Excess China Lake CA 93555 Status: Unutilized Reasons: Extensive deterioration Landholding Agency: Navy Reasons: Extensive deterioration; Secured Bldgs. 979, 928, 930 Property Number: 77200630005 Area Naval Air Station Status: Excess Bldg. 842 Lemoore CA Reasons: Extensive deterioration; Secured Naval Base Landholding Agency: Navy Area Port Hueneme Co: Ventura CA 93042 Property Number: 77200610021 Bldgs. 2–8, 3–10 Landholding Agency: Navy Status: Excess Naval Base Property Number: 77200630018 Reasons: Extensive deterioration Port Mugu Co: Ventura CA 93043 Status: Unutilized Reasons: Extensive deterioration; Secured Bldgs. 999, 1000 Landholding Agency: Navy Area Naval Air Station Property Number: 77200630009 Lemoore CA Status: Unutilized Bldg. 927 Landholding Agency: Navy Reasons: Extensive deterioration; Secured Naval Base Property Number: 77200610022 Area Port Hueneme Co: Ventura CA 93042 Status: Excess Bldgs. 6–11, 6–12, 6–819 Landholding Agency: Navy Property Number: 77200630019 Reasons: Extensive deterioration Naval Base Status: Unutilized Port Mugu Co: Ventura CA 93043 Bldgs. 305, 353 Reasons: Extensive deterioration; Secured Landholding Agency: Navy Naval Base Point Loma Area San Diego CA Property Number: 77200630010 Landholding Agency: Navy Status: Unutilized Bldg. 1150 Property Number: 77200610023 Reasons: Extensive deterioration; Secured Naval Base Status: Unutilized Area Port Hueneme Co: Ventura CA 93042 Reasons: Extensive deterioration Landholding Agency: Navy Bldg. 85 Property Number: 77200630020 Bldgs. 358, 359, 360, 361 Naval Base Status: Unutilized Naval Base Point Loma Port Mugu Co: Ventura CA 93043 Reasons: Extensive deterioration; Secured San Diego CA Landholding Agency: Navy Area Landholding Agency: Navy Property Number: 77200630011 Property Number: 77200610024 Status: Unutilized Bldg. 1361 Status: Unutilized Reasons: Extensive deterioration; Secured Naval Base Port Hueneme Co: Ventura CA 93042 Reasons: Extensive deterioration Area Landholding Agency: Navy Bldg. 581 Bldgs. 120, 123 Property Number: 77200630021 Naval Base Point Loma Naval Base Status: Unutilized San Diego CA Port Mugu Co: Ventura CA 93043 Reasons: Extensive deterioration; Secured Landholding Agency: Navy Landholding Agency: Navy Area Property Number: 77200610026 Property Number: 77200630012 Bldg. PH546 Status: Unutilized Status: Unutilized Naval Base Reasons: Extensive deterioration Reasons: Extensive deterioration; Secured Port Hueneme Co: Ventura CA 93043 Bldgs. A25, A27 Area Landholding Agency: Navy Naval Base Point Loma Bldg. 724 Property Number: 77200640027 San Diego CA Naval Base Status: Unutilized Landholding Agency: Navy Port Mugu Co: Ventura CA 93043 Reasons: Extensive deterioration; Secured Property Number: 77200610027 Landholding Agency: Navy Area Status: Unutilized Property Number: 77200630013 Bldg. PH425 Reasons: Extensive deterioration Status: Unutilized Naval Base Bldgs. 31926, 31927, 31928 Reasons: Extensive deterioration; Secured Port Hueneme Co: Ventura CA 93043 Marine Corps Base Area Landholding Agency: Navy Camp Pendleton CA 92055 Bldg. 764 Property Number: 77200710001 Landholding Agency: Navy Naval Base Status: Unutilized Property Number: 77200610058 Port Mugu Co: Ventura CA 93043 Reasons: Secured Area; Extensive Status: Excess Landholding Agency: Navy deterioration Reasons: Extensive deterioration Property Number: 77200630014 Bldg. PM 134 Bldg. 41326 Status: Unutilized Naval Base Marine Corps Base Reasons: Secured Area Point Mugu Co: Ventura CA 93043 Camp Pendleton CA 92055 Bldg. 115 Landholding Agency: Navy Landholding Agency: Navy Naval Base Property Number: 77200710023 Property Number: 77200610059 Port Hueneme Co: Ventura CA 93042 Status: Unutilized Status: Excess Landholding Agency: Navy Reasons: Secured Area; Extensive Reasons: Extensive deterioration Property Number: 77200630015 deterioration
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Bldgs. PH837, PH1372 Naval Base Status: Unutilized Naval Base Port Hueneme Co: Ventura CA 93043 Reasons: Extensive deterioration; Not Port Hueneme Co: Ventura CA 93043 Landholding Agency: Navy accessible by road Landholding Agency: Navy Property Number: 77200720002 Bldgs. 60160, 60162, 60164 Property Number: 77200710024 Status: Unutilized Naval Base Coronado Status: Unutilized Reasons: Secured Area; Extensive San Clemente Island CA Reasons: Extensive deterioration; Secured deterioration Landholding Agency: Navy Area Bldgs. PH1207, PH1264, PH1288 Property Number: 77200720013 Bldg. 523107 Naval Base Status: Unutilized Marine Corps Base Port Hueneme Co: Ventura CA 93043 Reasons: Extensive deterioration Camp Pendleton CA 92055 Landholding Agency: Navy Bldgs. 60203, 60210, 60211 Landholding Agency: Navy Property Number: 77200720003 Naval Base Coronado Property Number: 77200710025 Status: Unutilized San Clemente Island CA Status: Excess Reasons: Extensive deterioration; Secured Landholding Agency: Navy Reasons: Extensive deterioration Area Property Number: 77200720014 6 Bldgs. Bldgs. PM 3–53, PM129, PM402 Status: Unutilized Marine Corps Base Naval Base Reasons: Extensive deterioration Camp Pendleton CA 92055 Port Mugu Co: Ventura CA 93043 Bldgs. 60214, 60215 Landholding Agency: Navy Landholding Agency: Navy Naval Base Coronado Property Number: 77200710026 Property Number: 77200720004 San Clemente Island CA Status: Excess Status: Unutilized Landholding Agency: Navy Directions: 523112, 523113, 523114, 523115, Reasons: Secured Area; Extensive Property Number: 77200720015 523116, 523117 deterioration Status: Unutilized Reasons: Extensive deterioration Bldg. LP908 Reasons: Extensive deterioration 6 Bldgs. Naval Base Bldgs. 60227, 60243, 60250 Marine Corps Base Laguna Peak Naval Base Coronado Camp Pendleton CA 92055 Port Mugu Co: Ventura CA 93043 San Clemente Island CA Landholding Agency: Navy Landholding Agency: Navy Landholding Agency: Navy Property Number: 77200710027 Property Number: 77200720005 Property Number: 77200720016 Status: Excess Status: Unutilized Status: Unutilized Directions: 523122, 523123, 523124, 523125, Reasons: Extensive deterioration; Secured Reasons: Extensive deterioration 523126, 523127 Area Bldg. 60313 Reasons: Extensive deterioration Bldg. PM790 Naval Base Coronado 6 Bldgs. Naval Base San Clemente Island CA Marine Corps Base Oxnard CA 93043 Landholding Agency: Navy Camp Pendleton CA 92055 Landholding Agency: Navy Property Number: 77200720017 Landholding Agency: Navy Property Number: 77200720006 Status: Unutilized Property Number: 77200710028 Status: Unutilized Reasons: Extensive deterioration Status: Excess Reasons: Extensive deterioration; Secured Bldg. 404 Directions: 523132, 523133, 523134, 523135, Area Naval Air Station 523136, 523137 Bldg. 53402 North Island CA Reasons: Extensive deterioration Marine Corps Base Landholding Agency: Navy 6 Bldgs. Camp Pendleton CA 92055 Property Number: 77200720032 Marine Corps Base Landholding Agency: Navy Status: Unutilized Camp Pendleton CA 92055 Property Number: 77200720007 Reasons: Extensive deterioration Landholding Agency: Navy Status: Excess Bldg. 3267 Property Number: 77200710029 Reasons: Secured Area; Extensive Naval Base Status: Excess deterioration San Diego CA Directions: 523142, 523143, 523144, 523145, Bldg. 307 Landholding Agency: Navy 523146, 523147 Naval Base Property Number: 77200720039 Reasons: Extensive deterioration San Diego CA Status: Unutilized Bldgs. 523156, 523157 Landholding Agency: Navy Reasons: Secured Area Marine Corps Base Property Number: 77200720009 Bldgs. 11090, 98033 Camp Pendleton CA 92055 Status: Excess Naval Air Weapons Landholding Agency: Navy Reasons: Secured Area China Lake CA 93555 Property Number: 77200710030 Bldg. 3135 Landholding Agency: Navy Status: Excess Naval Base Property Number: 77200720054 Reasons: Extensive deterioration San Diego CA Status: Excess Bldg. 30726 Landholding Agency: Navy Reasons: Extensive deterioration; Secured Naval Air Weapons Property Number: 77200720010 Area China Lake CA 93555 Status: Excess Bldgs. 41314, 41362 Landholding Agency: Navy Reasons: Secured Area Marine Corps Base Property Number: 77200710047 Bldgs. 30727, 31409 Camp Pendleton CA 92055 Status: Excess Naval Air Weapons Station Landholding Agency: Navy Reasons: Secured Area China Lake CA 93555 Property Number: 77200720055 Bldgs. PH284, PH339 Landholding Agency: Navy Status: Excess Naval Base Property Number: 77200720011 Reasons: Extensive deterioration Port Hueneme Co: Ventura CA 93043 Status: Excess Bldgs. 192, 193, 410 Landholding Agency: Navy Reasons: Secured Area Naval Base Property Number: 77200720001 Bldgs. 60142, 60158 San Diego CA Status: Unutilized Naval Base Coronado Landholding Agency: Navy Reasons: Extensive deterioration; Secured San Clemente Island CA Property Number: 77200720063 Area Landholding Agency: Navy Status: Excess Bldgs. PH805, PH1179 Property Number: 77200720012 Reasons: Secured Area
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Bldg. 415 Bldg. 983 Bldgs. 53440, 53831 Naval Base Naval Air Station Marine Corps Base San Diego CA Coronado Co: San Diego CA Camp Pendleton CA 92055 Landholding Agency: Navy Landholding Agency: Navy Landholding Agency: Navy Property Number: 77200730013 Property Number: 77200730027 Property Number: 77200740009 Status: Unutilized Status: Excess Status: Excess Reasons: Secured Area Reasons: Secured Area Reasons: Extensive deterioration; Secured Bldgs. 3363, 3364 Bldg. 1459 Area Naval Base Naval Air Station Bldg. 410365 San Diego CA Coronado Co: San Diego CA Marine Corps Base Landholding Agency: Navy Landholding Agency: Navy Camp Pendleton CA 92055 Property Number: 77200730014 Property Number: 77200730028 Landholding Agency: Navy Status: Unutilized Status: Excess Property Number: 77200740010 Reasons: Secured Area Reasons: Extensive deterioration; Secured Status: Excess 4 Bldgs. Area Reasons: Secured Area; Extensive Naval Base Bldg. 334 deterioration 3185D, 3222, 3251, 3309 Naval Base Bldg. 259 San Diego CA San Diego CA Naval Air Station Landholding Agency: Navy Landholding Agency: Navy North Island CA Property Number: 77200730015 Property Number: 77200730029 Landholding Agency: Navy Status: Unutilized Status: Excess Property Number: 77200740015 Reasons: Secured Area Reasons: Secured Area Status: Excess Portion/Bldg. T17 Bldgs. 124, 148 Reasons: Extensive deterioration; Secured Naval Base Point Loma Naval Air Station Area San Diego CA North Island CA Bldg. 41356 Landholding Agency: Navy Landholding Agency: Navy Marine Corps Base Property Number: 77200730016 Property Number: 77200740002 Camp Pendleton CA 92055 Status: Underutilized Status: Excess Landholding Agency: Navy Reasons: Secured Area Reasons: Secured Area Property Number: 77200740017 Bldg. 297 Bldgs. 314, 341, 636 Status: Excess Naval Base Naval Air Station Reasons: Extensive deterioration; Secured North Island CA San Diego CA Area Landholding Agency: Navy Landholding Agency: Navy Bldg. 84 Property Number: 77200740003 Property Number: 77200730017 Naval Base Status: Excess Status: Unutilized San Diego CA Reasons: Secured Area Reasons: Secured Area Landholding Agency: Navy Bldgs. 710, 802, 826 Property Number: 77200740018 Bldgs. 13, 87 Naval Air Station Naval Air Station Status: Excess North Island CA Reasons: Secured Area Coronado Co: San Diego CA Landholding Agency: Navy Landholding Agency: Navy Property Number: 77200740004 4 Bldgs. Property Number: 77200730022 Status: Excess Marine Corps Base Status: Excess Reasons: Secured Area 41312, 53426, 53427, 53430 Reasons: Secured Area; Extensive Camp Pendleton CA 92055 deterioration Bldgs. 60139, 60180 Landholding Agency: Navy Naval Air Station Property Number: 77200810008 Bldg. 243 San Clemente CA Status: Excess Naval Air Station Landholding Agency: Navy Reasons: Secured Area; Extensive Coronado Co: San Diego CA Property Number: 77200740005 deterioration Landholding Agency: Navy Status: Excess Property Number: 77200730023 Reasons: Secured Area Bldgs. 2537, 2538 Status: Excess Marine Corps Base Bldgs. 41313, 41314 Reasons: Secured Area; Extensive Camp Pendleton CA 92055 Marine Corps Base deterioration Landholding Agency: Navy Camp Pendleton CA 92055 Property Number: 77200810009 Bldg. 381 Landholding Agency: Navy Status: Excess Naval Air Station Property Number: 77200740006 Coronado Co: San Diego CA Status: Excess Reasons: Extensive deterioration Landholding Agency: Navy Reasons: Secured Area; Extensive Bldgs. 43286, 43287 Property Number: 77200730024 deterioration Marine Corps Base Status: Excess 4 Bldgs. Camp Pendleton CA 92055 Reasons: Secured Area Marine Corps Base Landholding Agency: Navy 4 Bldgs. 41359, 41362, 41365, 41366 Property Number: 77200810010 Naval Air Station 493, 663, 682, 784 Camp Pendleton CA 92055 Status: Excess Coronado Co: San Diego CA Landholding Agency: Navy Reasons: Extensive deterioration Landholding Agency: Navy Property Number: 77200740007 Bldg. 33007 Property Number: 77200730025 Status: Excess Naval Air Weapons Station Status: Excess Reasons: Secured Area; Extensive China Lake CA Reasons: Extensive deterioration; Secured deterioration Landholding Agency: Navy Area Bldg. 43976 Property Number: 77200810011 Bldg. 809 Marine Corps Base Status: Excess Naval Air Station Camp Pendleton CA 92055 Reasons: Within 2000 ft. of flammable or Coronado Co: San Diego CA Landholding Agency: Navy explosive material; Secured Area Landholding Agency: Navy Property Number: 77200740008 Bldgs. 22176, 62507, 410363 Property Number: 77200730026 Status: Excess Marine Corps Base Status: Excess Reasons: Secured Area; Extensive Camp Pendleton CA Reasons: Secured Area deterioration Landholding Agency: Navy
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Property Number: 77200810021 Property Number: 77200820030 Bldgs. 710, 784 Status: Excess Status: Unutilized Naval Air Station Reasons: Secured Area; Extensive Reasons: Extensive deterioration; Secured North Island CA deterioration Area Landholding Agency: Navy Bldgs. 25261, 41342, 41344 Bldgs. PH5295, PH5297 Property Number: 77200830007 Marine Corps Base Naval Base Status: Excess Camp Pendleton CA 92055 Oxnard CA 93042 Reasons: Secured Area Landholding Agency: Navy Landholding Agency: Navy Bldgs. 802, 809, 826 Property Number: 77200810026 Property Number: 77200820031 Naval Air Station Status: Excess Status: Unutilized North Island CA Reasons: Extensive deterioration; Secured Reasons: Secured Area; Extensive Landholding Agency: Navy Area deterioration Property Number: 77200830008 Bldg. 105 4 Bldgs. Status: Excess Naval Base Naval Base Reasons: Secured Area Point Loma Co: San Diego CA Oxnard CA 93042 Bldgs. 983, 1459 Landholding Agency: Navy Landholding Agency: Navy Naval Air Station Property Number: 77200820005 Property Number: 77200820032 North Island CA Status: Unutilized Status: Unutilized Landholding Agency: Navy Reasons: Extensive deterioration; Secured Directions: PH5303, PH5315, PH5318, Property Number: 77200830009 Area PH5319 Status: Excess Reasons: Secured Area Bldg. PH1230 Reasons: Extensive deterioration; Secured Naval Base Area Bldg. 33005 Port Hueneme CA 93043 Bldgs. PH5323, PH5329 Naval Air Weapons Station Landholding Agency: Navy Naval Base China Lake CA 93555 Property Number: 77200820021 Oxnard CA 93042 Landholding Agency: Navy Status: Unutilized Landholding Agency: Navy Property Number: 77200830011 Reasons: Extensive deterioration Property Number: 77200820033 Status: Excess Reasons: Secured Area; within 2000 ft. of Bldgs. 17, 37, 130 Status: Unutilized Reasons: Secured Area; Extensive flammable or explosive material; Extensive Naval Base deterioration San Diego CA 92136 deterioration Landholding Agency: Navy Bldgs. 60180, 60139 Bldgs. 2, 10, 59 Naval Base Property Number: 77200820023 San Clemente Island Point Loma CA Status: Excess Naval Base Landholding Agency: Navy Reasons: Secured Area Coronado CA Property Number: 77200830012 Landholding Agency: Navy Bldgs. 3053, 3328 Status: Unutilized Naval Base Property Number: 77200830001 Reasons: Secured Area San Diego CA 92136 Status: Excess Landholding Agency: Navy Reasons: Secured Area Bldgs. 25152, 41321, 41406 Property Number: 77200820025 Marine Corps Base Bldg. 148 Camp Pendleton CA 92055 Status: Excess Naval Amphibious Base Reasons: Secured Area Landholding Agency: Navy Coronado CA Property Number: 77200830022 Bldgs. 3368, 3370 Landholding Agency: Navy Status: Excess Naval Base Property Number: 77200830002 Reasons: Secured Area; Extensive San Diego CA 92136 Status: Excess deterioration Landholding Agency: Navy Reasons: Secured Area Bldg. 1391 Property Number: 77200820026 Bldgs. 13, 87, 124, 243 Marine Corps Base Status: Excess Naval Air Station Camp Pendleton CA 92055 Reasons: Secured Area North Island CA Landholding Agency: Navy Bldgs. 3591, 3592 Landholding Agency: Navy Property Number: 77200830025 Naval Base Property Number: 77200830003 Status: Excess San Diego CA 92136 Status: Excess Reasons: Extensive deterioration Landholding Agency: Navy Reasons: Secured Area Bldgs. 1211, 1213, 1214, 1216 Property Number: 77200820027 5 Bldgs. Marine Corps Base Status: Excess Naval Air Station Camp Pendleton CA 92055 Reasons: Secured Area 307, 311, 314, 341, 381 Landholding Agency: Navy Bldg. 3603 North Island CA Property Number: 77200830026 Naval Base Landholding Agency: Navy Status: Excess San Diego CA 92136 Property Number: 77200830004 Reasons: Extensive deterioration Landholding Agency: Navy Status: Excess Bldgs. 52654, 52655 Property Number: 77200820028 Reasons: Secured Area Marine Corps Base Status: Excess Bldgs. 493 Camp Pendleton CA 92055 Reasons: Secured Area; Floodway Naval Air Station Landholding Agency: Navy Bldg. PH1230 North Island CA Property Number: 77200830027 Naval Base Landholding Agency: Navy Status: Excess Port Hueneme CA 93043 Property Number: 77200830005 Reasons: Extensive deterioration Landholding Agency: Navy Status: Excess Bldgs. 453, 454, 508, 509 Property Number: 77200820029 Reasons: Secured Area Naval Air Station Status: Unutilized Bldgs. 636, 663, 682 Lemoore CA Reasons: Extensive deterioration; Secured Naval Air Station Landholding Agency: Navy Area North Island CA Property Number: 77200840003 Bldg. PM28 Landholding Agency: Navy Status: Unutilized Naval Base Property Number: 77200830006 Reasons: Within 2000 ft. of flammable or Point Mugu CA 93042 Status: Excess explosive material; Secured Area; Landholding Agency: Navy Reasons: Secured Area Extensive deterioration
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Bldgs. 950, 952, 994 Reasons: Secured Area; Within 2000 ft. of Mayport Co: Duval FL 32228 Naval Air Station flammable or explosive material Landholding Agency: Navy Lemoore CA Bldg. W22 Property Number: 77200540019 Landholding Agency: Navy Washington Navy Yard Status: Excess Property Number: 77200840004 Washington DC 20374 Reasons: Extensive deterioration; Secured Status: Unutilized Landholding Agency: Navy Area; Floodway Reasons: Secured Area Property Number: 77200820035 Bldg. 66 4 Bldgs. Status: Underutilized Naval Station Marine Corps Base Reasons: Secured Area Mayport Co: Duval FL 32228 14113, 14114, 14126, 21401 Bldg. 171 Landholding Agency: Navy Camp Pendleton CA Naval Station Anacostia Property Number: 77200540020 Landholding Agency: Navy DC DC 20375 Status: Excess Property Number: 77200840010 Landholding Agency: Navy Reasons: Floodway; Secured Area; Extensive Status: Excess Property Number: 77200910021 deterioration Reasons: Secured Area; Extensive Status: Unutilized Bldg. 216 deterioration Reasons: Secured Area; Floodway Naval Station 4 Bldgs. Florida Mayport Co: Duval FL 32228 Marine Corps Base Landholding Agency: Navy Camp Pendleton CA 92055 Army Rsv Aviation Support Property Number: 77200540021 Landholding Agency: Navy Facility 49 Status: Excess Property Number: 77200910001 8601 Avenue B Reasons: Extensive deterioration; Secured Status: Excess Orlando FL 32827 Area; Floodway Directions: 41350, 51916T, 62357T, 62367 Landholding Agency: GSA Property Number: 54200820002 Bldgs. 437, 450 Reasons: Extensive deterioration; Secured Naval Station Area Status: Excess GSA Number: 4–D–FL–705–6EO Mayport Co: Duval FL 32228 6 Bldgs. Reasons: Within airport runway clear zone Landholding Agency: Navy Naval Air Station Property Number: 77200540022 Bldg. U–150 North Island CA Status: Excess Naval Air Station Landholding Agency: Navy Reasons: Extensive deterioration; Floodway; Key West Co: Monroe FL 33040 Property Number: 77200910002 Secured Area Landholding Agency: Navy Status: Excess Bldgs. 1234, 1235 Directions: C38, C47, C85, C93B, C101, C102 Property Number: 77200520044 Status: Excess Naval Station Reasons: Extensive deterioration; Secured Mayport Co: Duval FL 32228 Area Reasons: Secured Area; Extensive deterioration Landholding Agency: Navy Bldgs. 78, 126 Bldgs. V1221 A Property Number: 77200540023 Naval Base Naval Air Station Status: Excess San Diego CA Sigsbee Park Reasons: Secured Area; Extensive Landholding Agency: Navy Key West Co: Monroe FL 33040 deterioration; Floodway Property Number: 77200910003 Landholding Agency: Navy Bldg. 212 Status: Excess Property Number: 77200530013 Naval Station Reasons: Extensive deterioration; Secured Status: Unutilized Mayport Co: Duval FL 32228 Area Reasons: Secured Area; Extensive Landholding Agency: Navy Bldg. 19 deterioration Property Number: 77200620011 USCG Integrated Sup Comm Bldg. 969 Status: Unutilized San Pedro CA 90731 Naval Air Station Reasons: Secured Area; Floodway; Extensive Landholding Agency: Coast Guard Jacksonville Co: Duval FL 32212 deterioration Property Number: 88200820004 Landholding Agency: Navy Bldg. 508 Status: Unutilized Property Number: 77200540014 Naval Station Reasons: Extensive deterioration Status: Unutilized Mayport FL 32228 Colorado Reasons: Secured Area Landholding Agency: Navy Bldg. 782 Bldgs. 1759, 1760 Property Number: 77200620035 La Poudre Pass Naval Air Station Status: Unutilized Larimer CO 80517 Jacksonville Co: Duval FL Reasons: Secured Area; Floodway Landholding Agency: Interior Landholding Agency: Navy Bldg. 834 Property Number: 61200830004 Property Number: 77200540015 Naval Air Station Status: Unutilized Status: Unutilized Pensacola Co: Escambia FL 32508 Reasons: Extensive deterioration Reasons: Secured Area Landholding Agency: Navy Property Number: 77200630022 Connecticut Bldg. 1917 Naval Air Station Status: Unutilized Bldg. 486 Jacksonville Co: Duval FL 32212 Reasons: Extensive deterioration Naval Submarine Base Landholding Agency: Navy Bldg. 2658 New London CT 06349 Property Number: 77200540016 Naval Air Station Landholding Agency: Navy Status: Unutilized Pensacola Co: Escambia FL 32508 Property Number: 77200910004 Reasons: Secured Area Landholding Agency: Navy Status: Excess Bldgs. 1, 2 Property Number: 77200630023 Reasons: Extensive deterioration; Secured Naval Station Status: Unutilized Area Mayport Co: Duval FL 32228 Reasons: Extensive deterioration District of Columbia Landholding Agency: Navy Bldg. 3483 Bldg. 396 Property Number: 77200540018 Naval Air Station Naval Support Facility Status: Excess Pensacola Co: Escambia FL 32508 Anacostia Annex DC 20373 Reasons: Secured Area; Floodway; Extensive Landholding Agency: Navy Landholding Agency: Navy deterioration Property Number: 77200630024 Property Number: 77200630008 Bldg. 24 Status: Unutilized Status: Unutilized Naval Station Reasons: Extensive deterioration
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Bldg. 6144 Landholding Agency: Navy Landholding Agency: Navy Naval Air Station Property Number: 77200740016 Property Number: 77200620036 Pensacola Co: Escambia FL 32508 Status: Unutilized Status: Unutilized Landholding Agency: Navy Reasons: Within airport runway clear zone Reasons: Secured Area; Extensive Property Number: 77200630025 Bldgs. C5, A329 deterioration Status: Unutilized Naval Air Station 7 Bldgs. Reasons: Extensive deterioration Key West FL 33040 Marine Logistics Base Bldg. F11 Landholding Agency: Navy Albany GA Naval Air Station Property Number: 77200810007 Landholding Agency: Navy Key West FL 33040 Status: Excess Property Number: 77200720040 Landholding Agency: Navy Reasons: Secured Area; Extensive Status: Excess Property Number: 77200630026 deterioration Directions: 7100, 7106, 7108, 7110, 5584, Status: Unutilized Bldgs. 2, 5, 24, 26 7964, 7966 Reasons: Extensive deterioration; Secured Naval Air Station Reasons: Secured Area Area Jacksonville Co: Duval FL Guam Bldgs. A225, A409 Landholding Agency: Navy Bldg. B–32 Naval Air Station Property Number: 77200820006 Naval Forces Key West FL 33040 Status: Unutilized Marianas GU Landholding Agency: Navy Reasons: Extensive deterioration; Secured Landholding Agency: Navy Property Number: 77200630027 Area Property Number: 77200520023 Status: Unutilized Bldgs. 104A, 136, 159 Status: Unutilized Reasons: Secured Area; Extensive Naval Air Station Reasons: Extensive deterioration deterioration Jacksonville Co: Duval FL 32212 Bldgs. 76, 77, 79 Landholding Agency: Navy Bldg. A515 Naval Forces Property Number: 77200820007 Naval Air Station Marianas GU Status: Unutilized Key West FL 33040 Landholding Agency: Navy Reasons: Secured Area; Extensive Landholding Agency: Navy Property Number: 77200520024 deterioration Property Number: 77200630028 Status: Unutilized Status: Unutilized 6 Bldgs. Reasons: Extensive deterioration Reasons: Extensive deterioration; Secured Naval Air Station 4 Bldgs. Area Jacksonville Co: Duval FL 32212 Naval Forces Landholding Agency: Navy Bldg. A635 261, 262, 263, 269 Property Number: 77200820008 Naval Air Station Marianas GU Status: Unutilized Key West FL 33040 Landholding Agency: Navy Directions: 323, 324, 338, 339, 347, 348 Landholding Agency: Navy Property Number: 77200520025 Reasons: Secured Area; Extensive Property Number: 77200630029 Status: Unutilized deterioration Status: Unutilized Reasons: Extensive deterioration Reasons: Secured Area; Extensive 5 Bldgs. Bldg. 404NM deterioration Naval Air Station Naval Forces Jacksonville Co: Duval FL 32212 Bldgs. A993, A994 Marianas GU Landholding Agency: Navy Naval Air Station Landholding Agency: Navy Property Number: 77200820009 Key West FL 33040 Property Number: 77200520026 Status: Unutilized Landholding Agency: Navy Status: Unutilized Directions: 607, 612, 614B, 674, 675 Property Number: 77200630030 Reasons: Extensive deterioration Status: Unutilized Reasons: Extensive deterioration; Secured Area Bldgs. 3150, 3268 Reasons: Extensive deterioration; Secured Naval Forces Bldgs. 820, 890 Area Marianas GU Naval Air Station Bldg. A1068 Landholding Agency: Navy Jacksonville Co: Duval FL 32212 Naval Air Station Property Number: 77200520030 Landholding Agency: Navy Key West FL 33040 Status: Unutilized Property Number: 77200820010 Landholding Agency: Navy Reasons: Extensive deterioration Status: Unutilized Property Number: 77200630031 Bldgs. 5409, 5412, 5413 Status: Unutilized Reasons: Extensive deterioration; Secured Area Naval Forces Reasons: Secured Area; Extensive Marianas GU Bldgs. 1756, 1937 deterioration Landholding Agency: Navy Naval Air Station Bldg. A4021 Property Number: 77200520031 Jacksonville Co: Duval FL 32212 Naval Air Station Status: Unutilized Landholding Agency: Navy Key West FL 33040 Reasons: Extensive deterioration Property Number: 77200820011 Landholding Agency: Navy Bldg. 5500 Property Number: 77200630032 Status: Unutilized Reasons: Extensive deterioration; Secured Naval Forces Status: Unutilized Area Marianas GU Reasons: Extensive deterioration; Secured Landholding Agency: Navy Area Georgia Property Number: 77200520032 Bldg. 4080 Bldg. 5101 Status: Unutilized Naval Air Station Naval Submarine Base Reasons: Extensive deterioration Key West FL 33040 Kings Bay Co: Camden GA 31547 73 Bldgs. Landholding Agency: Navy Landholding Agency: Navy Naval Computer Station Property Number: 77200630033 Property Number: 77200520004 Marianas GU Status: Unutilized Status: Unutilized Landholding Agency: Navy Reasons: Extensive deterioration; Secured Reasons: Floodway; Secured Area; Extensive Property Number: 77200520045 Area deterioration Status: Excess 88 Facilities Bldg. 0038 Directions: A700–A716, A725, A728, A735, Saufley Field Naval Submarine Base A741–A784, A803–A805, A811–A813, Pensacola FL 32508 Kings Bay GA 31547 A829–A831
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Reasons: Extensive deterioration; Secured Steam Plant Status: Unutilized Area Naval Forces Marianas Reasons: Extensive deterioration; Secured Bldgs. 2006, 2009 Santa Rita Co: Apra Harbor GU Area Naval Ship Repair Facility Landholding Agency: Navy 2 Guard Houses Marianas GU Property Number: 77200610036 Marianas Support Activity Landholding Agency: Navy Status: Excess Santa Rita Co: Naval Magazine GU Property Number: 77200520048 Reasons: Secured Area Landholding Agency: Navy Status: Excess Bldgs. 403, 404 Property Number: 77200620022 Reasons: Extensive deterioration; Secured Marianas Support Activity Status: Unutilized Area Santa Rita Co: Naval Magazine GU Reasons: Secured Area; Extensive Bldgs. 2014, 2916 Landholding Agency: Navy deterioration Naval Ship Repair Facility Property Number: 77200620013 9 Magazines Marianas GU Status: Unutilized Marianas Support Activity Landholding Agency: Navy Reasons: Secured Area Santa Rita Co: Naval Magazine GU Property Number: 77200520049 Bldgs. 464, 729 Landholding Agency: Navy Status: Excess Marianas Support Activity Property Number: 77200620023 Reasons: Extensive deterioration; Secured Santa Rita Co: Naval Magazine GU Status: Unutilized Area Landholding Agency: Navy Reasons: Secured Area; Extensive Bldgs. 277, 308 Property Number: 77200620014 deterioration Naval Forces Marianas Status: Unutilized Bldgs. 151, 152, 153 Santa Rita Co: Apra Harbor GU Reasons: Secured Area Naval Forces Marianas Landholding Agency: Navy Bldgs. 836, 837 Santa Rita Co: Apra Harbor GU Property Number: 77200610028 Marianas Support Activity Landholding Agency: Navy Status: Excess Santa Rita Co: Naval Magazine GU Property Number: 77200630001 Reasons: Secured Area Landholding Agency: Navy Status: Unutilized Bldgs. 1686, 1689, 1690 Property Number: 77200620015 Reasons: Extensive deterioration Naval Forces Marianas Status: Unutilized Bldg. 4 Santa Rita Co: Apra Harbor GU Reasons: Extensive deterioration; Secured Naval Base Landholding Agency: Navy Area Barrigada GU Property Number: 77200610029 Bldg. 11XC7 Landholding Agency: Navy Status: Excess Marianas Support Activity Property Number: 77200710002 Reasons: Secured Area Santa Rita Co: Naval Magazine GU Status: Unutilized Bldgs. 1714, 1767, 1768 Landholding Agency: Navy Reasons: Extensive deterioration Naval Forces Marianas Property Number: 77200620016 Bldg. C115 Santa Rita Co: Apra Harbor GU Status: Unutilized Naval Base Landholding Agency: Navy Reasons: Extensive deterioration; Secured Barrigada GU Property Number: 77200610030 Area Landholding Agency: Navy Status: Excess Bldgs. 23YC1, 23YC2, 23YC3 Property Number: 77200710003 Reasons: Secured Area Marianas Support Activity Status: Unutilized Bldgs. 1771, 1772, 1773 Santa Rita Co: Naval Magazine GU Reasons: Extensive deterioration Naval Forces Marianas Landholding Agency: Navy Bldg. 160 Santa Rita Co: Apra Harbor GU Property Number: 77200620017 Naval Base Landholding Agency: Navy Status: Unutilized Barrigada GU Property Number: 77200610031 Reasons: Extensive deterioration; Secured Landholding Agency: Navy Status: Excess Area Property Number: 77200710004 Reasons: Secured Area Bldgs. 23YC4, 23YC5 Status: Unutilized Bldgs. 1791, 1792 Marianas Support Activity Reasons: Extensive deterioration Naval Forces Marianas Santa Rita Co: Naval Magazine GU Bldg. 176 Santa Rita Co: Apra Harbor GU Landholding Agency: Navy Naval Base Landholding Agency: Navy Property Number: 77200620018 Barrigada GU Property Number: 77200610032 Status: Unutilized Landholding Agency: Navy Status: Excess Reasons: Extensive deterioration; Secured Property Number: 77200710005 Reasons: Secured Area Area Status: Unutilized Bldgs. 3000, 3001 Bldgs. 24YC7, 24YC8 Reasons: Extensive deterioration Naval Forces Marianas Marianas Support Activity Bldg. 33 Santa Rita Co: Apra Harbor GU Santa Rita Co: Naval Magazine GU Naval Base Landholding Agency: Navy Landholding Agency: Navy Santa Rita Co: Apra Harbor GU Property Number: 77200610033 Property Number: 77200620019 Landholding Agency: Navy Status: Excess Status: Unutilized Property Number: 77200710006 Reasons: Secured Area Reasons: Extensive deterioration; Secured Status: Excess Bldgs. 3002, 3004, 3005 Area Reasons: Extensive deterioration Naval Forces Marianas Bldgs. 26YC3, 26YC5 Bldg. 219 Santa Rita Co: Apra Harbor GU Marianas Support Activity Naval Base Landholding Agency: Navy Santa Rita Co: Naval Magazine GU Santa Rita Co: Apra Harbor GU Property Number: 77200610034 Landholding Agency: Navy Landholding Agency: Navy Status: Excess Property Number: 77200620020 Property Number: 77200710007 Reasons: Secured Area Status: Unutilized Status: Excess Bldgs. 3006, 3007 Reasons: Extensive deterioration; Secured Reasons: Extensive deterioration Naval Forces Marianas Area Bldg. 950 Santa Rita Co: Apra Harbor GU Old Bus Stop Naval Base Landholding Agency: Navy Marianas Support Activity Santa Rita Co: Apra Harbor GU Property Number: 77200610035 Santa Rita Co: Naval Magazine GU Landholding Agency: Navy Status: Excess Landholding Agency: Navy Property Number: 77200710008 Reasons: Secured Area Property Number: 77200620021 Status: Excess
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Reasons: Extensive deterioration East 38th Street Naval Support Activity Bldg. 1769 Marion Co: Grant IN 46952 Annapolis MD 21402 Naval Base Landholding Agency: VA Landholding Agency: Navy Santa Rita Co: Apra Harbor GU Property Number: 97199230003 Property Number: 77200910009 Landholding Agency: Navy Status: Excess Status: Unutilized Property Number: 77200710009 Reasons: Extensive deterioration Reasons: Extensive deterioration Status: Excess Louisiana Bldgs. 84NS, 232NS, 233NS Reasons: Extensive deterioration Naval Support Activity Bldgs. 3186, 3187, 3188 Bldgs. 37, 89, 122 Annapolis MD 21402 Naval Base Naval Air Station Landholding Agency: Navy Santa Rita Co: Apra Harbor GU New Orleans LA 70143 Property Number: 77200910010 Landholding Agency: Navy Landholding Agency: Navy Status: Unutilized Property Number: 77200710010 Property Number: 77200810024 Reasons: Extensive deterioration Status: Excess Status: Excess 10 Bldgs. Reasons: Extensive deterioration Reasons: Extensive deterioration; Secured Naval Support Activity Bldgs. 4408, 4409 Area Annapolis MD 21402 Naval Base Bldgs. 159, 418, 902 Landholding Agency: Navy Santa Rita Co: Apra Harbor GU Naval Air Station Property Number: 77200910011 Landholding Agency: Navy New Orleans LA 70143 Status: Unutilized Property Number: 77200710011 Landholding Agency: Navy Directions: NA273, NA68, NA69, NA254, Status: Excess Property Number: 77200810025 242NS, NA5, NA7, NA51, NA71, NA72 Reasons: Extensive deterioration Status: Excess Reasons: Extensive deterioration Hazmat Storage Reasons: Extensive deterioration; Secured Massachusetts Naval Base Area Bldg. 5202 Polaris Point Bldg. 11 USCG Air Station Santa Rita Co: Apra Harbor GU Naval Support Activity Bourne MA 02540 Landholding Agency: Navy New Orleans LA 70142 Landholding Agency: Coast Guard Property Number: 77200710012 Landholding Agency: Navy Property Number: 88200810002 Status: Excess Property Number: 77200810027 Status: Unutilized Reasons: Extensive deterioration Status: Excess Reasons: Extensive deterioration; Secured Storage Bldg. Reasons: Extensive deterioration; Secured Area Naval Base Area 3 Sheds Polaris Point Maine Santa Rita Co: Apra Harbor GU USCG Sector Southeastern Landholding Agency: Navy Bldgs. 1008, 1009, 1140, 1155 Falmouth MA 02543 Property Number: 77200710013 Schoodic Ed & Rsh Ctr Landholding Agency: Coast Guard Status: Excess Acadia National Park Property Number: 88200910001 Reasons: Extensive deterioration Hancock ME Status: Unutilized Landholding Agency: Interior Reasons: Secured Area; Extensive Hawaii Property Number: 61200830010 deterioration Bldg. 346 Status: Unutilized Westview Street Wells Naval Station Reasons: Extensive deterioration Lexington MA 02173 Pearl Harbor HI 96860 Bldgs. 1208, 1223 Landholding Agency: VA Landholding Agency: Navy Schoodic Ed & Rsh Ctr Property Number: 97199920001 Property Number: 77200610002 Acadia National Park Status: Unutilized Status: Excess Hancock ME Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: Interior Michigan Bank Property Number: 61200830014 Admin. Bldg. Marine Corps Base Status: Unutilized Station Saginaw River Kaneohe Bay HI 96863 Reasons: Extensive deterioration Essexville Co: Bay MI 48732 Landholding Agency: Navy Bldgs. 89, 129, 131 Property Number: 77200830019 Landholding Agency: Coast Guard Portsmouth Naval Shipyard Property Number: 88200510001 Status: Unutilized Kittery ME Reasons: Secured Area Status: Unutilized Landholding Agency: Navy Reasons: Extensive deterioration; Secured Bldgs. S378, 469 Property Number: 77200840013 Area Naval Station Status: Excess Ford Island Reasons: Secured Area Mississippi Pearl Harbor HI 96860 Aircraft Hangar Maryland Landholding Agency: Navy State Hwy 61 Property Number: 77200910005 Bldg. 84NS Vicksburg MS Status: Underutilized Naval Support Activity Landholding Agency: GSA Reasons: Secured Area Annapolis Co: Anne Arundel MD 21402 Property Number: 54200830019 Idaho Landholding Agency: Navy Status: Excess Property Number: 77200610038 GSA Number: 4–D–MS–0565AA RCLR Facility Status: Unutilized Reasons: Within airport runway clear zone State Hwy 69 Reasons: Within 2000 ft. of flammable or Bldg. 9 Meridian ID 83704 explosive material Floodway Landholding Agency: GSA Construction Battalion Center Property Number: 54200820014 Bldg. 2075 Gulfport MS Status: Excess Naval Surface Warfare Landholding Agency: Navy GSA Number: 9–U–ID–566 Indian Head MD Property Number: 77200610039 Reasons: Within 2000 ft. of flammable or Landholding Agency: Navy Status: Unutilized explosive material Property Number: 77200630043 Reasons: Extensive deterioration; Secured Status: Excess Area Indiana Reasons: Extensive deterioration Bldgs. 22, 27, 41 Bldg. 62, VA Medical Center Bldgs. 311, 565, 565A Construction Battalion Center
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Gulfport MS Reasons: Secured Area Landholding Agency: VA Landholding Agency: Navy Bldgs. 182, 183 Property Number: 97200340005 Property Number: 77200610040 Naval Air Station Status: Underutilized Status: Unutilized Meridian MS 39309 Reasons: Secured Area Reasons: Extensive deterioration; Secured Landholding Agency: Navy Bldg. 50 Area Property Number: 77200810014 VA Medical Center Bldgs. 108, 181, 183 Status: Unutilized Jefferson Barracks Division Construction Battalion Center Reasons: Secured Area St. Louis MO 63125 Gulfport MS Bldgs. 222, 230, 326 Landholding Agency: VA Landholding Agency: Navy Naval Air Station Property Number: 97200340006 Property Number: 77200610041 Meridian MS 39309 Status: Underutilized Status: Unutilized Landholding Agency: Navy Reasons: Secured Area Reasons: Extensive deterioration; Secured Property Number: 77200810015 Nevada Area Status: Unutilized Bldg. 201 Reasons: Secured Area 3 Bldgs. Construction Battalion Center Nevada Test Site Bldg. 6, Boiler Plant 23–790, 06–CP50, 26–2107 Gulfport MS Biloxi VA Medical Center Landholding Agency: Navy Mercury Co: Nye, NV 89023 Gulfport Co: Harrison MS 39531 Landholding Agency: Navy Property Number: 77200610042 Landholding Agency: VA Status: Unutilized Property Number: 77200510025 Property Number: 97199410001 Status: Excess Reasons: Secured Area; Extensive Status: Unutilized deterioration Reasons: Other—contamination; Secured Reasons: Floodway Area Bldgs. 270, 270A–1, 270A–2 Bldg. 67 Construction Battalion Center Units 501–521 Biloxi VA Medical Center Naval Air Station Gulfport MS Gulfport Co: Harrison MS 39531 Landholding Agency: Navy Fallon, NV Landholding Agency: VA Landholding Agency: Navy Property Number: 77200610043 Property Number: 97199410008 Status: Unutilized Property Number: 77200710017 Status: Unutilized Status: Excess Reasons: Extensive deterioration; Secured Reasons: Extensive deterioration Area Reasons: Secured Area Bldg. 68 New Jersey Bldgs. 375, 420 Biloxi VA Medical Center Construction Battalion Center Gulfport Co: Harrison MS 39531 Bldgs. 105, 111, 266 Gulfport MS Landholding Agency: VA Naval Air Eng. Station Landholding Agency: Navy Property Number: 97199410009 Lakehurst, NJ 08733 Property Number: 77200610044 Status: Unutilized Landholding Agency: Navy Status: Unutilized Reasons: Extensive deterioration Property Number: 77200820001 Reasons: Secured Area; Extensive Status: Unutilized deterioration Missouri Reasons: Extensive deterioration; Secured Bldgs. 95, 96 Bldg. 3 Area Naval Air Station VA Medical Center Bldgs. 464, 480 Meridian MS 39309 Jefferson Barracks Division Naval Air Eng. Station Landholding Agency: Navy St. Louis MO 63125 Lakehurst, NJ 08733 Property Number: 77200720046 Landholding Agency: VA Landholding Agency: Navy Status: Unutilized Property Number: 97200340001 Property Number: 77200820002 Reasons: Within airport runway clear zone; Status: Underutilized Status: Unutilized Secured Area; Within 2000 ft. of flammable Reasons: Secured Area Reasons: Extensive deterioration; Secured or explosive material Bldg. 4 Area Bldg. 167 VA Medical Center Bldgs. 539, 560, 565 Naval Air Station Jefferson Barracks Division Naval Air Eng. Station Meridian MS 39309 St. Louis MO Lakehurst, NJ 08733 Landholding Agency: Navy Landholding Agency: VA Landholding Agency: Navy Property Number: 77200720047 Property Number: 97200340002 Property Number: 77200820003 Status: Unutilized Status: Underutilized Status: Unutilized Reasons: Secured Area Reasons: Secured Area Reasons: Extensive deterioration; Secured Bldgs. 212, 228 Bldg. 27 Area Naval Air Station VA Medical Center Bldgs. 395, 468 Meridian MS 39309 Jefferson Barracks Division Naval Air Engineering Station Landholding Agency: Navy St. Louis MO 63125 Lakehurst, NJ 08733 Property Number: 77200720048 Landholding Agency: VA Landholding Agency: Navy Status: Unutilized Property Number: 97200340003 Property Number: 77200910018 Reasons: Secured Area Status: Underutilized Status: Unutilized Bldgs. 266, 267 Reasons: Secured Area Reasons: Extensive deterioration; Secured Naval Air Station Bldg. 28 Area Meridian MS 39309 VA Medical Center Bldgs. 395, 468 Landholding Agency: Navy Jefferson Barracks Division Naval Air Eng. Station Property Number: 77200720049 St. Louis MO 63125 Lakehurst, NJ 08733 Status: Unutilized Landholding Agency: VA Landholding Agency: Navy Reasons: Secured Area Property Number: 97200340004 Property Number: 77200910022 Bldgs. 351, 445 Status: Underutilized Status: Unutilized Naval Air Station Reasons: Secured Area Reasons: Secured Area; Extensive Meridian MS 39309 Bldg. 29 deterioration Landholding Agency: Navy VA Medical Center Bldg. 566 Property Number: 77200720050 Jefferson Barracks Division Naval Weapons Station Status: Unutilized St. Louis MO 63125 Colts Neck, NJ 07722
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Landholding Agency: Navy Cherry Point, NC Wayne, PA 19480 Property Number: 77200910023 Landholding Agency: Navy Landholding Agency: Interior Status: Unutilized Property Number: 77200620041 Property Number: 61200830006 Reasons: Secured Area; Within 2000 ft. of Status: Unutilized Status: Excess flammable or explosive material Reasons: Secured Area Reasons: Extensive deterioration New York RPFN 0S1 Bldgs. 13, 90, 93, 97 Group Cape Hatteras Naval Support Activity Bldg. 13 Buxton Co: Dare, NC 27902 Philadelphia, PA 19111 USCG Staten Island Landholding Agency: Coast Guard Landholding Agency: Navy Suffolk, NY 10305 Property Number: 88200540001 Property Number: 77200820012 Landholding Agency: Coast Guard Status: Unutilized Status: Excess Property Number: 88200910002 Reasons: Secured Area; Extensive Reasons: Secured Area; Extensive Status: Excess deterioration deterioration Reasons: Extensive deterioration; Secured Area RPFN 053 Bldgs. 431, 483 Sector N.C. Naval Support Activity North Carolina Atlantic Beach Co: Carteret, NC 28512 Philadelphia, PA 19111 Frying Pan Light Station Landholding Agency: Coast Guard Landholding Agency: Navy Atlantic Ocean, NC Property Number: 88200540002 Property Number: 77200820013 Landholding Agency: GSA Status: Unutilized Status: Excess Property Number: 54200830004 Reasons: Secured Area; Extensive Reasons: Extensive deterioration; Within Status: Excess deterioration 2000 ft. of flammable or explosive material GSA Number: 4–U–NC–0749 Equip. Bldg. Bldgs. 530, 534, 567, 585 Reasons: Floodway; Not accessible by road Coast Guard Station Naval Support Activity Bldg. 82 11101 Station St. Philadelphia, PA 19111 Marine Corps Air Station Emerald Isle, NC Landholding Agency: Navy Cherry Point Co: Craven, NC 28533 Landholding Agency: Coast Guard Property Number: 77200820014 Landholding Agency: Navy Property Number: 88200630001 Status: Excess Property Number: 77200510009 Status: Unutilized Reasons: Extensive deterioration; Within Status: Underutilized Reasons: Secured Area 2000 ft. of flammable or explosive material Reasons: Secured Area Bldg. 9 Bldgs. 618, 743 Bldg. 4314 VA Medical Center Naval Support Activity Marine Corps Air Station 1100 Tunnel Road Philadelphia, PA 19111 Cherry Point Co: Craven, NC 28533 Asheville Co: Buncombe, NC 28805 Landholding Agency: Navy Landholding Agency: Navy Landholding Agency: VA Property Number: 77200820015 Property Number: 77200510010 Property Number: 97199010008 Status: Excess Status: Underutilized Status: Unutilized Reasons: Extensive deterioration Reasons: Secured Area Reasons: Extensive deterioration 7 Bldgs. Bldg. 124 Ohio Naval Support Activity Marine Corps Air Station Philadelphia, PA Cherry Point Co: Craven, NC 28533 National Guard Facility Landholding Agency: Navy Landholding Agency: Navy 1512 Oak Harbor Rd. Property Number: 77200910019 Property Number: 77200510023 Fremont, OH 43420 Status: Excess Status: Underutilized Landholding Agency: GSA Directions: 9, 37, 619, 626, 636, 662, 947 Reasons: Secured Area Property Number: 54200830006 Reasons: Secured Area Status: Excess Bldgs. 73, 95, 1018 Rhode Island GSA Number: 1–D–OH–834 Marine Corps Air Station Reasons: Within 2000 ft. of flammable or Bldg. 305CP Cherry Point, NC explosive material Naval Station Landholding Agency: Navy Naval Reserve Center Newport, RI 02841 Property Number: 77200620003 Landholding Agency: Navy Status: Unutilized Cleveland, OH 44114 Landholding Agency: Coast Guard Property Number: 77200820004 Reasons: Secured Area Status: Excess Property Number: 88200740002 Bldg. 499 Reasons: Extensive deterioration; Secured Status: Unutilized Marine Corps Air Station Area Reasons: Secured Area; Within airport Cherry Point, NC runway clear zone; Within 2000 ft. of Bldg. 1A–CC Landholding Agency: Navy flammable or explosive material Naval Station Property Number: 77200620038 Newport, RI 02841 Bldg. 105 Status: Unutilized Landholding Agency: Navy VA Medical Center Reasons: Secured Area Property Number: 77200820022 Dayton Co: Montgomery, OH 45428 Bldgs. 3177, 3885 Status: Excess Landholding Agency: VA Marine Corps Air Station Reasons: Secured Area Property Number: 97199920005 Cherry Point, NC Status: Unutilized Bldg. 164 Landholding Agency: Navy Reasons: Extensive deterioration Naval Station Property Number: 77200620039 Newport, RI 02841 Status: Unutilized Pennsylvania Landholding Agency: Navy Reasons: Secured Area 4 Tracts Property Number: 77200820036 Bldg. 4473 101–03, 101–04, 101–05, 101–06 Status: Excess Marine Corps Air Station Valley Forge NHP Reasons: Secured Area; Within 2000 ft. of Cherry Point, NC King of Prussia, PA 19406 flammable or explosive material; Floodway Landholding Agency: Navy Landholding Agency: Interior Bldgs. 348, 85CHI Property Number: 77200620040 Property Number: 61200830005 Naval Station Status: Unutilized Status: Excess Newport, RI Reasons: Secured Area Reasons: Extensive deterioration Landholding Agency: Navy Bldg. 4523 Tracts 101–28, 101–29 Property Number: 77200820043 Marine Corps Air Station Valley Forge NHP Status: Unutilized
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Reasons: Secured Area Property Number: 77200530017 Property Number: 77200720038 Facility 670 Status: Unutilized Status: Unutilized Naval Station Reasons: Secured Area; Floodway; Extensive Reasons: Secured Area Harbor Island deterioration Texas Newport, RI 02841 21 Bldgs. Bldg. 1732 Landholding Agency: Navy Naval Weapons Station Naval Air Station Property Number: 77200820044 Goose Creek Co: Berkely SC 29445 Corpus Christi Co: Nueces TX Status: Excess Landholding Agency: Navy Landholding Agency: Navy Reasons: Secured Area; Extensive Property Number: 77200620034 Property Number: 77200540007 deterioration Status: Unutilized Status: Excess Directions: 4, 167C, 174, 180, 350, 383, 400, Bldgs. A105, 1323 Reasons: Secured Area; Extensive 410, 769, 790, 823, 824, 904, 930, 930A, Naval Station deterioration Newport, RI 02842 953, 953A, 971, 975, 2305, 3526 Bldg. 243 Landholding Agency: Navy Reasons: Within 2000 ft. of flammable or Naval Air Station Joint Reserve Base Property Number: 77200840015 explosive material; Secured Area Ft. Worth Co: Tarrant TX 76127 Status: Excess Bldg. 1148 Landholding Agency: Navy Reasons: Extensive deterioration Naval Weapons Station Property Number: 77200640035 Goose Creek Co: Berkeley SC 29445 Bldgs. 391, 400, 658 Status: Unutilized Landholding Agency: Navy Naval Station Reasons: Extensive deterioration; Secured Property Number: 77200630044 Newport RI 02842 Area Landholding Agency: Navy Status: Excess Bldg. 1430 Property Number: 77200840016 Reasons: Extensive deterioration Naval Air Station Joint Reserve Base Status: Excess Bldg. 200 Ft. Worth Co: Tarrant TX 76127 Reasons: Extensive deterioration; Secured Marine Corps Recruit Depot Landholding Agency: Navy Area Parris Island SC 29905 Property Number: 77200640036 Landholding Agency: Navy South Carolina Status: Unutilized Property Number: 77200720018 Reasons: Secured Area; Extensive 7 Bldgs. Status: Unutilized deterioration Ft. Jackson Reasons: Secured Area; Floodway Richland SC 29207 Bldg. 1500 Bldgs. 908, 1ATX211–1ATX220 Landholding Agency: Army Naval Air Station Joint Reserve Base Naval Weapons Station Property Number: 21200910001 Ft. Worth Co: Tarrant TX 76127 Goose Creek SC 29445 Status: Excess Landholding Agency: Navy Landholding Agency: Navy Directions: D5435, D5439, D5440, D5442, Property Number: 77200640037 Property Number: 77200810029 D5443, D5447, D5448 Status: Unutilized Status: Unutilized Reasons: Extensive deterioration; Secured Reasons: Secured Area; Extensive Reasons: Secured Area; Within 2000 ft. of Area deterioration flammable or explosive material 5 Bldgs. Bldg. 4151 Bldgs. 40, 48, 856 Ft. Jackson Naval Air Station Joint Reserve Base Naval Weapons Station Richland SC 29207 Ft. Worth Co: Tarrant TX 76127 Goose Creek SC 29445 Landholding Agency: Army Landholding Agency: Navy Property Number: 21200910002 Landholding Agency: Navy Property Number: 77200810030 Property Number: 77200640038 Status: Excess Status: Unutilized Directions: F6028, F6033, F6365, F6796, Status: Unutilized Reasons: Secured Area; Within 2000 ft. of Reasons: Secured Area; Extensive F7846 deterioration Reasons: Secured Area flammable or explosive material Bldgs. 934, 2333 Bldgs. 3379, 3380 5 Bldgs. Naval Air Station Ft. Jackson Naval Weapons Station Goose Creek SC 29445 Ft. Worth Co: Tarrant TX 76127 Richland SC 29207 Landholding Agency: Navy Landholding Agency: Army Landholding Agency: Navy Property Number: 77200810031 Property Number: 77200810023 Property Number: 21200910003 Status: Unutilized Status: Excess Status: Unutilized Reasons: Within 2000 ft. of flammable or Reasons: Extensive deterioration; Secured Directions: G7352, G7846, H3206, H3207, Area H7373 explosive material; Secured Area Bldgs. 1414, 3190 Reasons: Secured Area Tennessee Naval Air Station 6 Bldgs. 4 Bldgs. Joint Reserve Base Ft. Jackson Y–12 Natl Security Complex Ft. Worth TX 76127 Richland SC 29207 Oak Ridge TN 37831 Landholding Agency: Navy Landholding Agency: Army Landholding Agency: Energy Property Number: 77200830031 Property Number: 21200910004 Property Number: 41200910001 Status: Unutilized Status: Excess Status: Unutilized Reasons: Secured Area Directions: J5961, J5962, N7654, O7154, Directions: 9201–05, 9622, 9769, 9983–HP O7164, P8654 Reasons: Secured Area Utah Reasons: Secured Area Bldgs. 2, 3, 5 5 Bldgs. Bldgs. 1000 thru 1021 Naval/Marine Corps Rsv Ctr Naval Industrial Ordnance Plant Naval Weapons Station Knoxville Co: Knox TN 37920 Magna UT 84044 Goose Creek Co: Berkeley SC 29445 Landholding Agency: Navy Landholding Agency: Navy Landholding Agency: Navy Property Number: 77200530018 Property Number: 77200720033 Property Number: 77200440018 Status: Unutilized Status: Unutilized Status: Unutilized Reasons: Extensive deterioration; Secured Directions: 4D, 6A, 6C, 8C, 10B Reasons: Secured Area Area Reasons: Secured Area; Within 2000 ft. of Bldg. 102 Bldgs. 9720–03, 9720–06 flammable or explosive material Marine Corps Recruit Depot Y–12 Natl Nuclear Security Complex 4 Bldgs. Parris Island Co: Beaufort SC 29905 Oak Ridge TN 37831 Naval Industrial Ordnance Plant Landholding Agency: Navy Landholding Agency: Navy Magna UT 84044
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Landholding Agency: Navy Status: Excess Status: Excess Property Number: 77200720034 Reasons: Extensive deterioration; Secured Reasons: Secured Area; Extensive Status: Unutilized Area deterioration Directions: 11, 15, 16, 19 Bldgs. 1213, 1979 11 Bldgs. Reasons: Secured Area; Within 2000 ft. of Naval Weapons Station Naval Weapon Station flammable or explosive material Yorktown VA 23691 Yorktown VA 23691 Bldgs. 22A, 22B, 22C Landholding Agency: Navy Landholding Agency: Navy Naval Industrial Ordnance Plant Property Number: 77200810005 Property Number: 77200840019 Magna UT 84044 Status: Excess Status: Excess Landholding Agency: Navy Reasons: Extensive deterioration; Secured Directions: 10, 11, 97, 97A, 98, 472, 526, 527, Property Number: 77200720035 Area 528, 528A, 1592 Status: Unutilized Bldgs. 2007, 2008 Reasons: Secured Area; Extensive Reasons: Secured Area; Within 2000 ft. of Naval Weapons Station deterioration flammable or explosive material Yorktown VA 23691 8 Bldgs. Bldgs. 23A, 23B, 23C Landholding Agency: Navy Naval Weapon Station Naval Industrial Ordnance Plant Property Number: 77200810006 Yorktown VA 23691 Magna UT 84044 Status: Excess Landholding Agency: Navy Landholding Agency: Navy Reasons: Extensive deterioration; Secured Property Number: 77200840020 Property Number: 77200720036 Area Status: Excess Status: Unutilized Bldgs. 439, 466 Directions: 109, 110, 500A, 501A, 627, 629, Reasons: Secured Area; Within 2000 ft. of Naval Weapon Station 1249, 1462 flammable or explosive material Yorktown VA 23691 Reasons: Secured Area; Extensive 4 Bldgs. Landholding Agency: Navy deterioration Naval Industrial Ordnance Plant Property Number: 77200820016 5 Bldgs. Magna UT 84044 Status: Excess Naval Amphibious Base Landholding Agency: Navy Reasons: Secured Area Norfolk VA Property Number: 77200720037 Bldgs. 760, 761 Landholding Agency: Navy Status: Unutilized Naval Weapon Station Property Number: 77200840021 Directions: 33, 45B, 45C, 46D Yorktown VA 23691 Status: Unutilized Reasons: Secured Area; Within 2000 ft. of Landholding Agency: Navy Directions: 3375, 3420, 3550, 3695, 3891 flammable or explosive material Property Number: 77200820017 Reasons: Secured Area; Extensive deterioration Virginia Status: Excess Reasons: Secured Area Bldg. 3605 Bldgs. 500, 501 Bldgs. 1820, 1895 Naval Amphibious Naval Weapon Station Little Creek Yorktown VA 23691 Naval Weapon Station Yorktown VA 23691 Norfolk VA Landholding Agency: Navy Landholding Agency: Navy Property Number: 77200640012 Landholding Agency: Navy Property Number: 77200820018 Property Number: 77200910020 Status: Excess Status: Unutilized Reasons: Extensive deterioration Status: Excess Reasons: Secured Area Reasons: Secured Area Bldg. 628 Bldgs. 1977, 1978, 1983 Training Bldg. Naval Weapon Station USCG Integrated Support Ctr Yorktown VA 23691 Naval Weapon Station Yorktown VA 23691 Portsmouth Co: Norfolk VA 43703 Landholding Agency: Navy Landholding Agency: Coast Guard Property Number: 77200640013 Landholding Agency: Navy Property Number: 77200820019 Property Number: 88200530001 Status: Excess Status: Excess Reasons: Extensive deterioration Status: Excess Reasons: Secured Area Reasons: Secured Area Bldg. 2398 Bldg. CAD–RR Bldg. 011 Naval Station Integrated Support Center Norfolk VA Naval Weapon Station Yorktown VA 23691 Portsmouth Co: Norfolk VA 43703 Landholding Agency: Navy Landholding Agency: Coast Guard Property Number: 77200730021 Landholding Agency: Navy Property Number: 77200820020 Property Number: 88200620002 Status: Excess Status: Excess Reasons: Secured Area Status: Excess Reasons: Secured Area Reasons: Secured Area Bldgs. 375, 502, 502A 9 Bldgs. Bldg. 3186 Naval Weapons Station USCG Cape Charles Station Naval Amphibious Base Yorktown VA 23691 Winters Quarters Little Creek Co: Norfolk VA Landholding Agency: Navy Northampton VA 23310 Landholding Agency: Navy Property Number: 77200810002 Landholding Agency: Coast Guard Property Number: 77200840006 Status: Excess Property Number: 88200740001 Status: Unutilized Reasons: Extensive deterioration; Secured Status: Unutilized Reasons: Secured Area Area Reasons: Extensive deterioration Bldg. NAB757 Bldgs. 503, 503A, 504 Navigation Center Trailer Naval Amphibious Little Creek Naval Weapons Station USCG TISCOM Yorktown VA 23691 Norfolk VA Alexandria VA 22315 Landholding Agency: Navy Landholding Agency: Navy Landholding Agency: Coast Guard Property Number: 77200810003 Property Number: 77200840008 Property Number: 88200820003 Status: Excess Status: Unutilized Status: Excess Reasons: Secured Area; Extensive Reasons: Secured Area Reasons: Secured Area deterioration 19 Ammunition Bunkers Bldgs. 505, 505A Naval Weapon Station Washington Naval Weapons Station Ammo Plant 1 & 2 Defense Fuel Supply Point Yorktown VA 23691 Yorktown VA 23691 18 structures/21 acres Landholding Agency: Navy Landholding Agency: Navy Mukilteo WA Property Number: 77200810004 Property Number: 77200840009 Landholding Agency: Air Force
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Property Number: 18200910001 Bldg. 2753 Naval Base Status: Unutilized NAS Whidbey Island Bremerton Co: Kitsap WA 98310 Reasons: Extensive deterioration Ault Field Landholding Agency: Navy Bldg. 529 Oak Harbor WA 98277 Property Number: 77200640014 Puget Sound Naval Shipyard Landholding Agency: Navy Status: Excess Bremerton WA 98314–5000 Property Number: 77200440015 Reasons: Secured Area Landholding Agency: Navy Status: Unutilized Bldg. 867 Property Number: 77200040020 Reasons: Secured Area Naval Base Status: Excess Bldg. 108 Bremerton Co: Kitsap WA 98310 Reasons: Secured Area Naval Magazine Landholding Agency: Navy Bldg. 8 Port Hadlock Co: Jefferson WA 98339–9723 Property Number: 77200640015 Naval Reserve Center Landholding Agency: Navy Status: Excess Spokane WA 99205 Property Number: 77200510015 Reasons: Secured Area Landholding Agency: Navy Status: Unutilized Bldgs. 937, 975 Property Number: 77200430025 Reasons: Extensive deterioration; Secured Naval Base Status: Excess Area Bremerton Co: Kitsap WA 98310 Reasons: Extensive deterioration; Secured Bldg. 351 Landholding Agency: Navy Area Puget Sound Naval Shipyard Property Number: 77200640016 Bldgs. 10, 11 Bremerton WA 98314 Status: Excess Naval Reserve Center Landholding Agency: Navy Reasons: Secured Area Spokane WA 99205 Property Number: 77200530026 Bldg. 1449 Landholding Agency: Navy Status: Unutilized Naval Base Property Number: 77200430026 Reasons: Secured Area; Within 2000 ft. of Silverdale Co: Kitsap WA 98315 Status: Excess flammable or explosive material Landholding Agency: Navy Reasons: Extensive deterioration; Secured Bldg. 1032 Property Number: 77200640017 Area Naval Base Status: Unutilized Bldgs. 2656–2658 Bangor Tower Site Reasons: Secured Area Naval Air Station Silverdale WA 98315 Bldg. 1670 Lake Hancock Landholding Agency: Navy Naval Base Coupeville Co: Island WA 98239 Property Number: 77200630045 Silverdale Co: Kitsap WA 98315 Landholding Agency: Navy Status: Unutilized Landholding Agency: Navy Property Number: 77200430027 Reasons: Within 2000 ft. of flammable or Property Number: 77200640018 Status: Unutilized explosive material; Secured Area Status: Unutilized Reasons: Secured Area Bldg. 71 Reasons: Secured Area Bldgs. 2652, 2705 Naval Magazine Bldgs. 2007, 2801 Naval Air Station Port Hadlock Co: Jefferson WA 98339–9723 Naval Base Whidbey Landholding Agency: Navy Silverdale Co: Kitsap WA 98315 Oak Harbor WA 98277 Property Number: 77200640007 Landholding Agency: Navy Landholding Agency: Navy Status: Unutilized Property Number: 77200640019 Property Number: 77200440010 Reasons: Extensive deterioration; Secured Status: Unutilized Status: Unutilized Area Reasons: Secured Area Reasons: Secured Area Bldgs. 82, 83 Bldgs. 6021, 6095 Bldgs. 79, 884 Naval Magazine Naval Base NAS Whidbey Island Port Hadlock Co: Jefferson WA 98339–9723 Silverdale Co: Kitsap WA 98315 Seaplane Base Landholding Agency: Navy Landholding Agency: Navy Oak Harbor WA 98277 Property Number: 77200640008 Property Number: 77200640020 Landholding Agency: Navy Status: Unutilized Status: Unutilized Property Number: 77200440011 Reasons: Extensive deterioration; Secured Reasons: Secured Area Status: Unutilized Area Bldgs. 6606, 6661 Reasons: Secured Area Bldgs. 168, 188 Naval Base Bldg. 121 Naval Magazine Silverdale Co: Kitsap WA 98315 NAS Whidbey Island Port Hadlock Co: Jefferson WA 98339–9723 Landholding Agency: Navy Ault Field Landholding Agency: Navy Property Number: 77200640021 Oak Harbor WA 98277 Property Number: 77200640009 Status: Unutilized Landholding Agency: Navy Status: Unutilized Reasons: Secured Area Property Number: 77200440012 Reasons: Secured Area; Extensive Bldgs. 726, 727, 734 Status: Unutilized deterioration Naval Undersea Warfare Reasons: Secured Area Bldg. 729 Keyport Co: Kitsap WA 98345 Bldg. 419 Naval Magazine Landholding Agency: Navy NAS Whidbey Island Port Hadlock Co: Jefferson WA 98339–9723 Property Number: 77200640022 Ault Field Landholding Agency: Navy Status: Unutilized Oak Harbor WA 98277 Property Number: 77200640010 Reasons: Within 2000 ft. of flammable or Landholding Agency: Navy Status: Unutilized explosive material; Secured Area Property Number: 77200440013 Reasons: Secured Area; Extensive Bldgs. 901, 911 Status: Unutilized deterioration Naval Undersea Warfare Reasons: Secured Area Bldgs. 910, 921 Keyport Co: Kitsap WA 98345 Bldgs. 2609, 2610 Naval Magazine Landholding Agency: Navy NAS Whidbey Island Port Hadlock Co: Jefferson WA 98339–9723 Property Number: 77200640023 Ault Field Landholding Agency: Navy Status: Unutilized Oak Harbor WA 98277 Property Number: 77200640011 Reasons: Within 2000 ft. of flammable or Landholding Agency: Navy Status: Unutilized explosive material; Secured Area Property Number: 77200440014 Reasons: Extensive deterioration; Secured Bldgs. 925, 938 Status: Unutilized Area Naval Undersea Warfare Reasons: Secured Area Bldgs. 407, 447 Keyport Co: Kitsap WA 98345
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Landholding Agency: Navy Bldgs. 402, 403, 2634 20 acres Property Number: 77200640024 Naval Air Station VA Medical Center Status: Unutilized Oak Harbor Co: Whidbey Island WA 96278 500 Highway 89 North Reasons: Secured Area; Within 2000 ft. of Landholding Agency: Navy Prescott Co: Yavapai AZ 86313 flammable or explosive material Property Number: 77200810020 Landholding Agency: VA Bldg. 1020 Status: Excess Property Number: 97190630002 Naval Undersea Warfare Reasons: Extensive deterioration Status: Underutilized Keyport Co: Kitsap WA 98345 Bldg. 7658 Reasons: Floodway Landholding Agency: Navy Naval Base California Property Number: 77200640025 Bangor WA Status: Unutilized Landholding Agency: Navy Prospect Island Reasons: Secured Area; Within 2000 ft. of Property Number: 77200830017 Solano CA 95690 flammable or explosive material Status: Excess Landholding Agency: GSA Property Number: 54200910001 Fisher Transit Site Reasons: Secured Area; Extensive deterioration Status: Surplus Easement GSA Number: 9–I–CA–1674 Bldgs. 986, 987 Jefferson WA Reasons: Floodway Landholding Agency: Navy Naval Air Station Property Number: 77200710015 Whidbey Island Parcel L1 Status: Excess Oak Harbor WA 98278 George AFB Reasons: Other—Remote Location Landholding Agency: Navy Victorville CA 92394 Landholding Agency: GSA Bldgs. 437, 853 Property Number: 77200840001 Status: Unutilized Property Number: 54200910005 Naval Base Status: Excess Bremerton Co: Kitsap WA 98310 Reasons: Secured Area Bldg. 94 GSA Number: 9–D–CA–06283 Landholding Agency: Navy Reasons: Other—landlocked Property Number: 77200710018 Naval Air Station Status: Unutilized Whidbey Island Trailer Space Reasons: Secured Area Oak Harbor WA 98278 Naval Base San Diego CA Bldg. 1039 Landholding Agency: Navy Property Number: 77200840002 Landholding Agency: Navy Naval Base Property Number: 77200520013 Bremerton Co: Kitsap WA 98310 Status: Excess Reasons: Secured Area Status: Unutilized Landholding Agency: Navy Reasons: Secured Area Property Number: 77200710019 Bldgs. 20, 62, 2616, 2663 Status: Unutilized Naval Air Station Parcels 1, 2, 3, 4 Reasons: Within 2000 ft. of flammable or Whidbey Island WA Naval Base explosive material; Secured Area Landholding Agency: Navy Port Hueneme Co: Ventura CA 93043 Property Number: 77200840017 Landholding Agency: Navy Bldgs. 1400, 1461 Status: Excess Property Number: 77200630003 Naval Base Reasons: Secured Area Status: Underutilized Bremerton Co: Kitsap WA 98310 Reasons: Secured Area Landholding Agency: Navy SSA Federal Bldg. Property Number: 77200710020 304 Otter Ave. Parcels 11, 12, 13, 14, 15 Status: Unutilized Oshkosh WI 54901 Naval Base Reasons: Within 2000 ft. of flammable or Landholding Agency: GSA Port Hueneme Co: Ventura CA 93043 explosive material; Secured Area Property Number: 54200820001 Landholding Agency: Navy Status: Excess Property Number: 77200630004 Bldg. 6026 GSA Number: 1–G–WI–603 Status: Underutilized Naval Base Reasons: Within 2000 ft. of flammable or Reasons: Secured Area Bremerton Co: Kitsap WA 98310 explosive material Landholding Agency: Navy Sand Spit Property Number: 77200710021 Bldg. OV1 Naval Base Status: Unutilized USCG Station Port Hueneme Co: Ventura CA 93043 Reasons: Secured Area; Within 2000 ft. of Bayfield WI 54814 Landholding Agency: Navy flammable or explosive material Landholding Agency: Coast Guard Property Number: 77200720008 Property Number: 88200620001 Status: Underutilized Bldgs. 6608, 6609, 6904 Status: Excess Reasons: Floodway Naval Base Reasons: Secured Area Bremerton Co: Kitsap WA 98310 Florida Landholding Agency: Navy Land Encroachment No. GB–37 Property Number: 77200710022 Alabama Perdido Key Co: Escambia FL Status: Unutilized Lock & Dam No.12/Boatyard Landholding Agency: GSA Reasons: Within 2000 ft. of flammable or Property Number: 54200810009 explosive material; Secured Area Black Warrior River Tuscaloosa AL Status: Excess Bldgs. 110, 116 Landholding Agency: GSA GSA Number: 4–D–FL–6208AB Naval Air Station Property Number: 54200830021 Reasons: Floodway Oak Harbor WA 98278 Status: Excess Wildlife Sanctuary, VAMC Landholding Agency: Navy GSA Number: 4–D–AL–0777 10,000 Bay Pines Blvd. Property Number: 77200740013 Reasons: Floodway Bay Pines Co: Pinellas FL 33504 Status: Excess Landholding Agency: VA Reasons: Secured Area Arizona Property Number: 97199230004 Bldg. 839 58 acres Status: Underutilized Puget Sound Naval Shipyard VA Medical Center Reasons: Other—Inaccessible Bremerton WA 98314 500 Highway 89 North Landholding Agency: Navy Prescott Co: Yavapai AZ 86313 Georgia Property Number: 77200740014 Landholding Agency: VA Tract J–916 Status: Excess Property Number: 97190630001 Allatoona Operations Project Reasons: Within 2000 ft. of flammable or Status: Unutilized Canton GA explosive material; Secured Area Reasons: Floodway Landholding Agency: GSA
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Property Number: 54200820010 Landholding Agency: GSA South Carolina Status: Excess Property Number: 54200830005 Laurel Bay Tract GSA Number: 4–D–GA–0424AB Status: Excess Marine Corps Air Station Reasons: Floodway GSA Number: 1–J–NH–0501 Beaufort SC Hawaii Reasons: Other—landlocked Landholding Agency: Navy Property Number: 77200830010 14.235 parcel New York Status: Excess Marine Corps Base Tract 1 Reasons: Secured Area Kaneohe HI 96863 VA Medical Center Landholding Agency: Navy Bath Co: Steuben NY 14810 Utah Property Number: 77200830020 Landholding Agency: VA 0.47 acre Status: Unutilized Property Number: 97199010011 Feeder Canal Reasons: Secured Area Status: Unutilized Hyrum UT 84319 Indiana Directions: Exit 38 off New York State Route Landholding Agency: Interior 17. approx. 0.2 acre Property Number: 61200740007 Naval Support Activity Reasons: Secured Area Status: Excess Crane IN 47522 Tract 2 Reasons: Other—landlocked Landholding Agency: Navy VA Medical Center 0.47 acre Property Number: 77200910006 Bath Co: Steuben NY 14810 Hyrum Feeder Canal Status: Underutilized Landholding Agency: VA Hyrum UT 84319 Reasons: Secured Area; Within 2000 ft. of Property Number: 97199010012 Landholding Agency: Interior flammable or explosive material Status: Underutilized Property Number: 61200820004 Directions: Exit 38 off New York State Route Status: Excess Kentucky 17. Reasons: Other—landlocked Craigs Creek Access Site Reasons: Secured Area Virginia Markland Locks & Dam Tract 3 FAA Outer Marker 19R Gallatin KY 41095 VA Medical Center Norman’s Station Rd. Landholding Agency: GSA Bath Co: Steuben NY 14810 Property Number: 54200910002 Chantilly VA 20151 Landholding Agency: VA Status: Excess Landholding Agency: GSA Property Number: 97199010013 GSA Number: 4–D–KY–0623AA Property Number: 54200820020 Status: Underutilized Reasons: Floodway Status: Surplus Directions: Exit 38 off New York State Route GSA Number: 11–VA–1103AA Minnesota 17. Reasons: Within airport runway clear zone; 3.85 acres (Area #2) Reasons: Secured Area Within 2000 ft. of flammable or explosive VA Medical Center Tract 4 material 4801 8th Street VA Medical Center St. Cloud Co: Stearns MN 56303 Bath Co: Steuben NY 14810 Washington Landholding Agency: VA Landholding Agency: VA 405 sq. ft./Land Property Number: 97199740004 Property Number: 97199010014 Naval Base Kitsap Status: Unutilized Status: Unutilized Bangor WA Reasons: Other—landlocked Directions: Exit 38 off New York State Route Landholding Agency: Navy 7.48 acres (Area #1) 17. Property Number: 77200520060 VA Medical Center Reasons: Secured Area Status: Unutilized Reasons: Secured Area 4801 8th Street North Dakota St. Cloud Co: Stearns MN 56303 230 sq. ft. land Landholding Agency: VA 11 Missile Launch Facilities Naval Magazine Property Number: 97199740005 Grand Forks ND Indian Island WA Status: Underutilized Landholding Agency: GSA Landholding Agency: Navy Reasons: Secured Area Property Number: 54200840002 Property Number: 77200620037 Status: Surplus Status: Underutilized Montana GSA Number: 7–D–ND–0500 Reasons: Secured Area; Within 2000 ft. of Sewage Lagoons/40 acres Reasons: Contamination flammable or explosive material VA Center Pennsylvania Tabook Transit Site Ft. Harrison MT 59639 Easement Landholding Agency: VA Portion/Tract 117 Jefferson WA Property Number: 97200340007 E. of Strabane Ave. Landholding Agency: Navy Status: Excess Canonsburg PA Property Number: 77200710016 Reasons: Floodway Landholding Agency: GSA Status: Excess Property Number: 54200820003 Reasons: Other—Remote Location New Hampshire Status: Excess 274.71 acres GSA Number: 4–B–PA–811 [FR Doc. E9–3755 Filed 2–26–09; 8:45 am] Berlin Co: Coos NH 03570 Reasons: Contamination BILLING CODE 4210–67–P
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Reader Aids Federal Register Vol. 74, No. 38 Friday, February 27, 2009
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 930...... 8143 932...... 7778 Executive orders and proclamations 741–6000 Proclamations: The United States Government Manual 741–6000 1400...... 6117 8344...... 6343 1412...... 6352 Other Services 8345...... 6345 1779...... 7179 Electronic and on-line services (voice) 741–6020 Executive Orders: 3575...... 7179 Privacy Act Compilation 741–6064 12835 (amended by 4279...... 7179 Public Laws Update Service (numbers, dates, etc.) 741–6043 13499) ...... 6979 4280...... 7179 TTY for the deaf-and-hard-of-hearing 741–6086 12859 (amended by 5001...... 7179 13450) ...... 6981 Proposed Rules: ELECTRONIC RESEARCH 13201 (revoked by 625...... 7563 13496) ...... 6107 981...... 7830 World Wide Web 13202 (revoked by 1216...... 7830 Full text of the daily Federal Register, CFR and other publications 13502) ...... 6985 is located at: http://www.gpoaccess.gov/nara/index.html 13204 (revoked by 8 CFR Federal Register information and research tools, including Public 13495) ...... 6103 274a...... 5899, 7993 Inspection List, indexes, and links to GPO Access are located at: 13208 (revoked by http://www.archives.gov/federallregister 13502) ...... 6985 10 CFR E-mail 13258 (revoked by 13497) ...... 6113 Ch. I ...... 5797 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13390 (amended by 2...... 6989 an open e-mail service that provides subscribers with a digital 13504) ...... 8431 30...... 6989, 7785 form of the Federal Register Table of Contents. The digital form 13422 (revoked by 40...... 6989 of the Federal Register Table of Contents includes HTML and 13497) ...... 6113 50...... 6989 PDF links to the full text of each document. 13494...... 6101 52...... 6989 To join or leave, go to http://listserv.access.gpo.gov and select 13495...... 6103 60...... 6989 Online mailing list archives, FEDREGTOC-L, Join or leave the list 13496...... 6107 63...... 6989 (or change settings); then follow the instructions. 13497...... 6113 70...... 6989 PENS (Public Law Electronic Notification Service) is an e-mail 13199 (amended by 71...... 6989 service that notifies subscribers of recently enacted laws. 13498) ...... 6533 72...... 5983, 6989 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 13498...... 6533 73...... 6989 and select Join or leave the list (or change settings); then follow 13499...... 6979 75...... 7549 the instructions. 13500...... 6981 76...... 6989 FEDREGTOC-L and PENS are mailing lists only. We cannot 150...... 6989 respond to specific inquiries. 13501...... 6983 13502...... 6985 Proposed Rules: Reference questions. Send questions and comments about the 170...... 7382 Federal Register system to: [email protected] 13503...... 8139 13504...... 8431 The Federal Register staff cannot interpret specific documents or 11 CFR regulations. Administrative Orders: 100...... 7285 Reminders. Effective January 1, 2009, the Reminders, including Memorandums: 104...... 7285 Rules Going Into Effect and Comments Due Next Week, no longer Memo. of 1/30/2009 ...... 5977 110...... 7285 appear in the Reader Aids section of the Federal Register. This Memo. of 1/30/2009 ...... 5979 Memo. of 2/4/2009 ...... 6347 information can be found online at http://www.regulations.gov. 12 CFR CFR Checklist. Effective January 1, 2009, the CFR Checklist no Memo. of 2/5/2009 ...... 6537 longer appears in the Federal Register. This information can be Notices: 208...... 6223 found online at http://bookstore.gpo.gov/. Notice of February 4, 223...... 6225, 6226 2009 ...... 6349 225...... 6223 229...... 7785 FEDERAL REGISTER PAGES AND DATE, FEBRUARY Presidential Determinations: 360...... 5797 5797–5898...... 2 8139–8464...... 24 No. 2009–15 of 1250...... 7304 5899–5982...... 3 8465–8702...... 25 January 27, 2009 ...... 6115 1773...... 7304 5983–6116...... 4 8703–8844...... 26 Proposed Rules: 5 CFR 6117–6222...... 5 8845–9044...... 27 337...... 5904 6223–6350...... 6 532...... 6351 704...... 6004 6351–6538...... 9 591...... 7777 6539–6822...... 10 Proposed Rules: 14 CFR 6823–6988...... 11 532...... 6003 39 ...... 7304, 7306, 7309, 7310, 6989–7178...... 12 7549, 7552, 7554, 7641, 7179–7284...... 13 7 CFR 7643, 7786, 7789, 7792, 7285–7548...... 17 400...... 8703, 8704 7794, 7796, 7797, 7801, 7549–7640...... 18 457...... 8705 7804, 7809, 7810, 7995, 7641–7776...... 19 916...... 7778 8148, 8150, 8152, 8155, 7777–7992...... 20 917...... 7778 8159, 8161, 8713, 8715, 7993–8138...... 23 925...... 8141 8717, 8719, 8722, 8724,
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8726, 8728, 8732, 8735, 20 CFR 155...... 7648 1356...... 6362 8737, 8845, 8851, 8853, 404...... 5807 165 .....5987, 5989, 6352, 7184, 8856, 8860 7818, 8004, 8007, 8753 46 CFR 71 ...... 7557, 7558, 7559, 7560, 21 CFR Proposed Rules: 71...... 7576 7561, 7645, 7646, 8166, 17...... 8200 110...... 7575 114...... 7576 8167, 8168, 8169, 8170, 314...... 6541 117...... 6359, 7844 115...... 7576 8171, 8172, 8739, 8740, 510...... 6823 165 .....6842, 7022, 8049, 8761, 122...... 7576 8741 520...... 6541, 7180 8763, 8766, 8768 162...... 6358 95...... 8173 522...... 6993 170...... 7576 97 ...... 7999, 8000, 8177, 8180, 36 CFR 528...... 6823 171...... 7576 8742, 8745 Proposed Rules: 172...... 7576 187...... 6989 Proposed Rules: 242...... 6250 1308...... 7386 174...... 7576 Proposed Rules: 37 CFR 175...... 7576 25...... 6557 22 CFR 176...... 7576 39 ...... 6835, 7002, 7004, 7006, 385...... 6832 215...... 5808 178...... 7576 7194, 7196, 7198, 7200, 510...... 7562 38 CFR 179...... 7576 7202, 7384, 7563, 7565, 4...... 7648 185...... 7576 7568, 7570, 7573, 7831, 23 CFR 7833, 7834, 7836, 8034, 39 CFR 47 CFR 8036, 8039, 8043, 8045, Proposed Rules: 8885 180...... 8494 20...... 8465, 8473 Ch. I ...... 7654 111...... 8009 15...... 7314, 8868 71 ...... 7010, 7011, 7012, 7204, 24 CFR 8218, 8219 3020 ...... 6117, 6230, 7648 27...... 8868 73...... 7018 30...... 7313 Proposed Rules: 54...... 8868 234...... 6249 4000...... 7812 111...... 6250 73 ...... 6001, 6120, 6121, 6122, 259...... 6249 Proposed Rules: 955...... 6844 6233, 6234, 7657, 8868 5...... 6839 76...... 8868 399...... 6249 40 CFR 92...... 6839 90...... 6235, 8868 15 CFR 908...... 6839 6...... 5991 Proposed Rules: 51...... 7193, 7284 73 ...... 6131, 6132, 7847, 8889 744...... 8182 26 CFR 52 ...... 6542, 6552, 7193, 7284, 806...... 8002 1 ...... 6824, 6828, 6952, 8200, 7820, 8863 48 CFR 8863 55...... 8756 16 CFR 1652...... 7823 54...... 8200 63...... 8756 1500...... 6990 301...... 6829, 7814 80...... 6233 Proposed Rules: 602...... 6952 86...... 8310 49 CFR Ch. I ...... 6129 Proposed Rules: 89...... 8310 209...... 6995 255...... 5810 1 ...... 6840, 6841, 7021, 7575 90...... 8310 Proposed Rules: 1500...... 7021 31...... 8048 112...... 5900 80...... 8494 301...... 7205 180...... 8490 261...... 8494 17 CFR 271 ...... 5994, 8757, 8867 611...... 7388 229...... 6776 28 CFR 1027...... 8310 612...... 7388 1033...... 8310 230...... 6776, 7748 Proposed Rules: 640...... 8494 1042...... 8310 232...... 6776, 7748 26...... 6131 1700...... 8494 239...... 6776, 7748 1048...... 8310 240...... 6456, 6776 29 CFR 1054...... 8310 50 CFR 1060...... 8310 249...... 6776 102...... 8214 17...... 6700, 8616 249b...... 6456 1065...... 8310 403...... 5899, 7814 1068...... 8310 216...... 6236 274...... 7748 408...... 5899, 7814 229...... 7824 Proposed Rules: 1611...... 6831 Proposed Rules: 6...... 6008 300...... 6995 1...... 7838 4022...... 7180 50...... 7027 622...... 8879 4...... 8220 Proposed Rules: 648...... 6244, 6997 30...... 7838 51...... 7027 1612...... 7843 52...... 8888 660...... 6997, 7826 140...... 7838 2550...... 6007 665...... 6998 210...... 6359 63...... 6510 271...... 6010, 8771 679 .....6554, 6555, 6556, 7001, 229...... 6359 30 CFR 7332, 7333, 7359, 8215, 230...... 6359 Proposed Rules: 42 CFR 8216, 8492, 8880, 8881, 240...... 6359, 6485 938...... 8048 401...... 8867 8882, 8883 243...... 6485 405...... 8867 Proposed Rules: 244...... 6359 32 CFR 414...... 7653 17 ...... 5908, 6122, 6558, 6852, 249...... 6359 199...... 6228 440...... 5808 6853 633...... 8215 92...... 6563 18 CFR Proposed Rules: 706...... 8750, 8751 414...... 6557, 7029 100...... 6250 11...... 8184 216...... 6010 40...... 8747 33 CFR 43 CFR 253...... 6257 157...... 6539 105...... 6994 3000...... 7193 600...... 6257 375...... 6540 117 .....5983, 5984, 5986, 6228, 622 ...... 6257, 7848, 7849, 8494 6229, 7313, 7816, 7817, 45 CFR 635...... 7577 19 CFR 7818 Proposed Rules: 648...... 6564, 7029 122...... 7646 147...... 7181 1355...... 6362 679...... 7209
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The text of laws is not H.R. 1/P.L. 111–5 enacted public laws. To published in the Federal American Recovery and subscribe, go to http:// LIST OF PUBLIC LAWS Register but may be ordered Reinvestment Act of 2009 listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual (Feb. 17, 2009; 123 Stat. 115) publaws-l.html This is a continuing list of pamphlet) form from the public bills from the current Superintendent of Documents, Last List February 6, 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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