5–11–09 Monday Vol. 74 No. 89 May 11, 2009
Pages 21767–22088
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Contents Federal Register Vol. 74, No. 89
Monday, May 11, 2009
Agency for International Development Employment and Training Administration NOTICES NOTICES Meetings: Investigations Regarding Certifications of Eligibility to Advisory Committee on Voluntary Foreign Aid, 21780 Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance, 21824–21825 Agriculture Department Termination of Investigation See National Agricultural Statistics Service FMC Manufacturing, LLC, Monmouth, IL, 21825 See Rural Housing Service Termination of Investigation: PROPOSED RULES 3M Co., Columbia, MO, 21833 Regulatory Agenda Avery Dennison, Information and Brand Management Semiannual Regulatory Agenda, 21866–21885 Division, Sayre, PA, 21829 NOTICES Bayloff Stamped Products, Kinsman, OH, 21829 Agency Information Collection Activities; Proposals, Bridgestone APM Plant 1, Carey, OH, 21830 Submissions, and Approvals, 21775 Brown Shoe, Inc., Fredericktown, MO, 21831 Brunswick Corp., Crestliner Division, Little Falls, MN, Arts and Humanities, National Foundation 21826 See National Foundation on the Arts and the Humanities Burke Industrial Supply, Inc., Morganton, NC, 21825 Cadmus Communications, Easton, MD, 21834 Broadcasting Board of Governors Caterpillar, Inc., Large Power Systems Division, NOTICES Mossville, IL, 21833 Meetings; Sunshine Act, 21780–21781 Ceridian Corp., Minneapolis, MN, 21828–21829 Chick Machine Co., Inc., Butler, PA, 21833 Centers for Disease Control and Prevention Chromalox Precision, Pittsburgh, PA, 21829 NOTICES CoAdna Photonics, Inc., Sunnyvale, CA, 21834 Agency Information Collection Activities; Proposals, Convergys, Cincinnati, OH, 21830 Submissions, and Approvals, 21809–21811 CWR Manufacturing Corp., East Syracuse, NY, 21830 DAN Draexlmaier Automotive North America, Duncan, Civil Rights Commission SC, 21826 NOTICES Davis International, West Point, MS, 21830–21831 Meetings: Delphi Thermal Systems, Auburn Hills, MI, 21834 Rhode Island Advisory Committee, 21781 Eagle Compressor, Hickman, KY, 21827 EFTEC North America LLC, Dayton, OH, 21831 Coast Guard Federal Mogul Corporation, Blacksburg, VA, 21832 NOTICES FLA Orthopedics, Inc., Huntersville, NC, 21829 Craft Routinely Operated Dockside, 21814–21816 Fluidmaster, Inc., San Juan Capistrano, CA, 21827 Focus Products Group, Swing–A–Way, St. Louis, MO, Commerce Department 21832 See Industry and Security Bureau General Motors Corp., Warren, OH, 21827 See International Trade Administration Gerber Technology and Gerber Services, New York, NY, See National Oceanic and Atmospheric Administration 21832 PROPOSED RULES Great Lakes Recovery Systems, Ecorse, MI, 21827 Regulatory Agenda Gunderson Rail Services, LLC, dba Greenbrier Rail Semiannual Regulatory Agenda, 21888–21914 Services, Chicago Heights, IL, 21833 Ingersoll Rand Industrial Technologies, Southern Pines, Defense Department NC, 21832 See Navy Department Jeld–Wen, Inc., Klamath Falls, OR, 21828 PROPOSED RULES Johnson Controls, Inc., Pulaski, TN, 21826 Regulatory Agenda Kaiser Aluminum, Greenwood, SC, 21830 Semiannual Regulatory Agenda, 22014–22016 Kreber, High Point, NC, 21826 NOTICES LeeMAH Electronics, Inc., San Francisco, CA, 21826 Federal Acquisition Regulation (FAR): Leggett and Platt, Inc., Whittier, CA, 21825–21826 Agency Information Collection Activities; Proposals, Lehman Brothers, Inc., New Haven, CT, 21831 Submissions, and Approvals, 21806–21807 Lincoln Electric/Harris Products Group, Mason, OH, 21828 Education Department Lionbridge US, Inc, Waltham, MA, 21830 NOTICES MeadWestvaco Corp., Consumer and Office Products Agency Information Collection Activities; Proposals, Division, Enfield, CT, 21831 Submissions, and Approvals, 21788–21789 MGP Ingredients, Inc., Pekin, IL, 21831 Mine Safety Appliances, Murrysville–Soft Goods Election Assistance Commission (Harness), Murrysville, PA, 21832 NOTICES Mississippi Polymers, Inc., Corinth, MS, 21829–21830 Meetings; Sunshine Act, 21789 Moduslink Corp., Morrisville, NC, et al., 21830
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NCI Group, Inc., doing business as Robertson Ceco Corp, Federal Trade Commission Lockeford, CA, 21833–21834 NOTICES OSF Brands, Inc., Plant ι8, Huntingburg, IN, 21831 Proposed Consent Orders: Paragon Store Fixtures, Big Lake, MT, 21834 James B. Nutter & Co., 21805–21806 Pentair Water Pool and Spa, Auburn, CA, 21832 R and B Fabrications, Inc., Oakwood, OH, 21828 Federal Transit Administration R.H. Donnelley, Inc., Dunmore, PA, 21827 NOTICES Ram Rod Industries, Prentice, WI, 21829 American Recovery and Reinvestment Act of 2009: Ryerson, Inc., Portland, OR, 21828 Public Transportation Capital Investment Grants Program Sipco, Inc., Meadville, PA, 21828 Appropriation and Allocations, 21843–21850 Sperian Protective Gloves, USA, Buffalo, NY, 21833 Tyco Safety Products, Westminster, MA, 21829 Fish and Wildlife Service Tyrone Mining, LLC, Tyrone, NM, 21827 NOTICES United States Steel, Great Lakes Works, Ecorse, MI, 21828 Applications for Permits to Conduct Certain Activities with Wausau Paper Specialty Products, LLC, Jay, ME, 21833 Endangered Species, 21816–21817 Wolf Appliance, Fitchburg, WI, 21826 Applications for Permits to Conduct Certain Activities with Endangered Species or Marine Mammals, 21817–21818 Energy Department Food and Drug Administration See Federal Energy Regulatory Commission RULES PROPOSED RULES Regulatory Agenda New Animal Drugs: Semiannual Regulatory Agenda, 21916–21917 Carprofen, 21768 Trilostane, 21767–21768 NOTICES Environmental Protection Agency Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals, 21808–21809 Regulatory Agenda Semiannual Regulatory Agenda, 21992–22000 General Services Administration NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Regulatory Agenda Submissions, and Approvals, 21802–21803 Semiannual Regulatory Agenda, 22002–22004, 22014– Clean Air Act Operating Permit Program: 22016 Petition for Objection to State Operating Permit for NOTICES CEMEX, Inc. – Lyons Cement Plant, 21803–21804 Federal Acquisition Regulation (FAR): Agency Information Collection Activities; Proposals, Executive Office of the President Submissions, and Approvals, 21806–21807 See Presidential Documents General Services Administration Acquisition Regulation: Agency Information Collection Activities; Proposals, Federal Aviation Administration Submissions, and Approvals, 21807–21808 PROPOSED RULES Airworthiness Directives: Health and Human Services Department CFM International, S.A. CFM56 7B Series Turbofan See Centers for Disease Control and Prevention Engines, 21772–21774 See Food and Drug Administration See National Institutes of Health Federal Communications Commission PROPOSED RULES PROPOSED RULES Regulatory Agenda Regulatory Agenda Semiannual Regulatory Agenda, 21920–21941 Semiannual Regulatory Agenda, 22018–22062 NOTICES NOTICES Final Effect of Designation of a Class of Employees for Meetings; Sunshine Act, 21804 Addition to the Special Exposure Cohort, 21808 Homeland Security Department Federal Energy Regulatory Commission See Coast Guard NOTICES PROPOSED RULES Applications: Regulatory Agenda Hydro Energy Technologies, LLC, 21794 Semiannual Regulatory Agenda, 21944–21951 Jordan Limited Partnership, 21792–21793 Northeast Hydrodevelopment, LLC, 21789–21795 Housing and Urban Development Department Combined Notice of Filings, 21795–21801 PROPOSED RULES Complaints: Regulatory Agenda Louisiana Public Service Commission v. Entergy Corp. et Semiannual Regulatory Agenda, 21954–21955 al., 21801 NOTICES Filings: Program Requirements for Community Development Block Constellation Energy Commodities Group, Inc., 21801 Grant Program Funding, 21816
Federal Reserve System Industry and Security Bureau PROPOSED RULES NOTICES Regulatory Agenda Agency Information Collection Activities; Proposals, Semiannual Regulatory Agenda, 22064–22065 Submissions, and Approvals, 21781
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Interior Department National Foundation on the Arts and the Humanities See Fish and Wildlife Service PROPOSED RULES See Land Management Bureau Regulatory Agenda See National Park Service Semiannual Regulatory Agenda, 22006 See Surface Mining Reclamation and Enforcement Office National Highway Traffic Safety Administration International Boundary and Water Commission, United NOTICES States and Mexico Technical Report on the Effectiveness of Amber Rear Turn NOTICES Signals for Reducing Rear Impacts, 21850–21851 Environmental Impact Statements; Availability, etc.: Emergency Repairs to the Presidio Flood Control Project National Institutes of Health in Presidio, TX, 21822–21823 NOTICES Meetings: International Trade Administration Center for Scientific Review, 21811–21813 NOTICES Eunice Kennedy Shriver National Institute of Child Antidumping: Health and Human Development, 21813–21814 Certain Lined Paper Products from India, 21781–21783 National Institute on Alcohol Abuse and Alcoholism, International Trade Commission 21811, 21814 NOTICES National Intelligence, Office of the National Director Investigations: Certain Lighting Control Devices Including Dimmer NOTICES Switches and Parts, 21820–21821 Agency Information Collection Activities; Proposals, Hot-rolled Steel Products from Kazakhstan, Romania, and Submissions, and Approvals, 21834–21835 South Africa, 21821–21822 Meetings; Sunshine Act, 21822 National Mediation Board NOTICES Justice Department Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals, 21835–21836 Regulatory Agenda Semiannual Regulatory Agenda, 21958–21960 National Oceanic and Atmospheric Administration NOTICES Labor Department Meetings: See Employment and Training Administration Gulf of Mexico Fishery Management Council, 21784– PROPOSED RULES 21786 Regulatory Agenda Mid-Atlantic Fishery Management Council, 21787 Semiannual Regulatory Agenda, 21962–21968 New England Fishery Management Council, 21784–21787 NOTICES Pacific Fishery Management Council, 21786–21787 Workforce Investment Act of 1998: Website Publication; Information to an Upcoming Climate Incentive Funding Availability based on Program Year Program Office Solicitation of Grant Proposals, 21787– (PY) 2007 Performance, 21823–21824 21788
Land Management Bureau National Park Service NOTICES NOTICES Meetings: National Register of Historic Places: Central Montana Resource Advisory Council, 21818 Notification of Pending Nominations and Related Eastern Washington Resource Advisory Council, 21818 Actions, 21818–21819 Weekly Listing of Historic Properties, 21819–21820 Mexico and United States, International Boundary and Water Commission National Science Foundation See International Boundary and Water Commission, United NOTICES States and Mexico Meetings: National Aeronautics and Space Administration Proposal Review Panel for Materials Research, Facility PROPOSED RULES Operations Review Panel (1203), 21836 Regulatory Agenda Semiannual Regulatory Agenda, 22014–22016 Navy Department NOTICES NOTICES Federal Acquisition Regulation (FAR): Meetings: Agency Information Collection Activities; Proposals, Chief of Naval Operations Executive Panel, 21788 Submissions, and Approvals, 21806–21807 Nuclear Regulatory Commission National Agricultural Statistics Service PROPOSED RULES NOTICES Regulatory Agenda Intent to Suspend the Census of Agriculture Survey, 21780 Semiannual Regulatory Agenda, 22070–22071 NOTICES National Credit Union Administration Establishment of Atomic Safety and Licensing Board: PROPOSED RULES Luminant Generation Company LLC; Comanche Peak Regulatory Agenda, 22068 Nuclear Power Plant, Units 3 and 4, 21837
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Office of the Director of National Intelligence Veterans Affairs Department See National Intelligence, Office of the National Director NOTICES Agency Information Collection Activities; Proposals, Personnel Management Office Submissions, and Approvals, 21851–21855 PROPOSED RULES Revocation of Final Rule Eliminating Time-In-Grade Requirements Pending Policy Review: Separate Parts In This Issue Extension of Effective Date During Rulemaking, 21771– 21772 Part II Regulatory Information Service Center, 21859–21864 Postal Regulatory Commission NOTICES Part III Postal Service Price Changes, 21837–21838 Agriculture Department, 21866–21885
Presidential Documents Part IV PROCLAMATIONS Commerce Department, 21888–21914 Special Observances: Part V National Day of Prayer (Proc. 8374), 22087–22088 Energy Department, 21916–21917 World Trade Week (Proc. 8373), 22083–22086 Part VI Regulatory Information Service Center Health and Human Services Department, 21920–21941 PROPOSED RULES Regulatory Agenda Part VII Semiannual Regulatory Agenda, 21859–21864 Homeland Security Department, 21944–21951
Rural Housing Service Part VIII NOTICES Housing and Urban Development Department, 21954–21955 Funds Availabilty; Section 533 Housing Preservation Grants (Fiscal Year 2009), 21775–21780 Part IX Justice Department, 21958–21960 Securities and Exchange Commission PROPOSED RULES Part X Regulatory Agenda Labor Department, 21962–21968 Semiannual Regulatory Agenda, 22074–22081 NOTICES Part XI Meetings; Sunshine Act, 21839 Transportation Department, 21970–21990 Self-Regulatory Organizations; Proposed Rule Changes: NYSE Arca, Inc, 21839–21843 Part XII Environmental Protection Agency, 21992–22000 Small Business Administration PROPOSED RULES Part XIII Regulatory Agenda General Services Administration, 22002–22004 Semiannual Regulatory Agenda, 22008–22012 NOTICES Part XIV Small Business Size Standards: National Foundation on the Arts and the Humanities, Waiver of the Nonmanufacturer Rule, 21838 22006 Part XV State Department Small Business Administration, 22008–22012 NOTICES Secretary of State’s Determination Under the International Part XVI Religious Freedom Act (1998), 21843 Defense Department, 22014–22016 General Services Administration, 22014–22016 Statistical Reporting Service National Aeronautics and Space Administration, 22014– See National Agricultural Statistics Service 22016
Surface Mining Reclamation and Enforcement Office Part XVII RULES Federal Communications Commission, 22018–22062 Pennsylvania Regulatory Program, 21768–21770 Part XVIII Transportation Department Federal Reserve System, 22064–22065 See Federal Aviation Administration See Federal Transit Administration Part XIX See National Highway Traffic Safety Administration National Credit Union Administration, 22068 PROPOSED RULES Regulatory Agenda Part XX Semiannual Regulatory Agenda, 21970–21990 Nuclear Regulatory Commission, 22070–22071
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Part XXI Reader Aids Securities and Exchange Commission, 22074–22081 Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Part XXII Presidential Documents, 22083–22088 To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR Proclamations: 8373...... 22085 8374...... 22089 5 CFR Proposed Rules: 300...... 21771 14 CFR Proposed Rules: 39...... 21772 21 CFR 510 (2 documents) ...... 21767, 21768 520 (2 documents) ...... 21767, 21768 30 CFR 938...... 21768
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Rules and Regulations Federal Register Vol. 74, No. 89
Monday, May 11, 2009
This section of the FEDERAL REGISTER regulations as a sponsor of an approved CFR parts 510 and 520 are amended as contains regulatory documents having general application. Accordingly, 21 CFR follows: applicability and legal effect, most of which 510.600(c) is being amended to add are keyed to and codified in the Code of entries for this sponsor. PART 510—NEW ANIMAL DRUGS Federal Regulations, which is published under In accordance with the freedom of 50 titles pursuant to 44 U.S.C. 1510. ■ information provisions of 21 CFR part 1. The authority citation for 21 CFR part 510 continues to read as follows: The Code of Federal Regulations is sold by 20 and 21 CFR 514.11(e)(2)(ii), a the Superintendent of Documents. Prices of summary of safety and effectiveness Authority: 21 U.S.C. 321, 331, 351, 352, new books are listed in the first FEDERAL data and information submitted to 353, 360b, 371, 379e. REGISTER issue of each week. support approval of this application ■ 2. In § 510.600, in the table in may be seen in the Division of Dockets paragraph (c)(1), alphabetically add an Management (HFA–305), Food and Drug entry for ‘‘Dechra, Ltd.’’; and in the table DEPARTMENT OF HEALTH AND Administration, 5630 Fishers Lane, rm. in paragraph (c)(2), numerically add an HUMAN SERVICES 1061, Rockville, MD 20852, between 9 entry for ‘‘043264’’ to read as follows: a.m. and 4 p.m., Monday through Food and Drug Administration Friday. § 510.600 Names, addresses, and drug labeler codes of sponsors of approved 21 CFR Parts 510 and 520 Under section 512(c)(2)(F)(i) of the applications. Federal Food, Drug, and Cosmetic Act [Docket No. FDA–2009–N–0665] (the act) (21 U.S.C. 360b(c)(2)(F)(i)), this * * * * * approval qualifies for 5 years of (c) * * * New Animal Drugs; Trilostane marketing exclusivity beginning on the (1) * * * date of approval. AGENCY: Food and Drug Administration, Drug labeler HHS. Under section 573(c) of the act (21 Firm name and address code ACTION: Final rule. U.S.C. 360ccc–2), the approval of trilostane capsules for treatment of ***** SUMMARY: The Food and Drug hyperadrenocorticism due to Dechra, Ltd., Dechra 043264 Administration (FDA) is amending the adrenocortical tumor in dogs qualifies House, Jamage Industrial animal drug regulations to reflect the for 7 years of exclusive marketing rights Estate, Talke Pits, Stoke- beginning on the date of approval on-Trent, Staffordshire, original approval of a new animal drug ST7 1XW, United King- application (NADA) filed by Dechra, because the new animal drug has been dom Ltd. The NADA provides for the declared a designated new animal drug ***** veterinary prescription use of trilostane by FDA under section 573(a) of the act. capsules in dogs for treatment of The agency has determined under 21 (2) * * * pituitary-dependent CFR 25.33 that this action is of a type hyperadrenocorticism and for treatment that does not individually or Drug labeler Firm name and address of hyperadrenocorticism due to cumulatively have a significant effect on code adrenocortical tumor. the human environment. Therefore, ***** DATES: This rule is effective May 11, neither an environmental assessment nor an environmental impact statement 043264 Dechra, Ltd., Dechra 2009. House, Jamage Industrial is required. FOR FURTHER INFORMATION CONTACT: Estate, Talke Pits, Stoke- This rule does not meet the definition Melanie R. Berson, Center for Veterinary on-Trent, Staffordshire, of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because Medicine (HFV–110), Food and Drug ST7 1XW, United King- it is a rule of ‘‘particular applicability.’’ dom Administration, 7500 Standish Pl., Therefore, it is not subject to the ***** Rockville, MD 20855, 240–276–8337, e- congressional review requirements in 5 mail: [email protected]. U.S.C. 801–808. PART 520—ORAL DOSAGE FORM SUPPLEMENTARY INFORMATION: Dechra, NEW ANIMAL DRUGS Ltd., Dechra House, Jamage Industrial List of Subjects Estate, Talke Pits, Stoke-on-Trent, 21 CFR Part 510 ■ 3. The authority citation for 21 CFR Staffordshire, ST7 1XW, United part 520 continues to read as follows: Kingdom, filed NADA 141–291 that Administrative practice and provides for veterinary prescription use procedure, Animal drugs, Labeling, Authority: 21 U.S.C. 360b. of VETORYL (trilostane) Capsules in Reporting and recordkeeping ■ 4. Add § 520.2598 to read as follows: dogs for treatment of pituitary- requirements. § 520.2598 Trilostane. dependent hyperadrenocorticism and 21 CFR Part 520 for treatment of hyperadrenocorticism (a) Specifications. Each capsule due to adrenocortical tumor. The NADA Animal drugs. contains 30 or 60 milligrams (mg) is approved as of December 5, 2008, and ■ Therefore, under the Federal Food, trilostane. the regulations are amended in 21 CFR Drug, and Cosmetic Act and under (b) Sponsor. See No. 043264 in part 520 to reflect the approval. authority delegated to the Commissioner § 510.600 of this chapter. In addition, Dechra, Ltd. is not of Food and Drugs and redelegated to (c) Conditions of use in dogs—(1) currently listed in the animal drug the Center for Veterinary Medicine, 21 Amount. The starting dose is 1.0 to 3.0
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milligrams per pound (2.2 to 6.7 Accordingly, 21 CFR 510.600(c) is being Drug labeler milligrams per kilogram) once a day. amended to add entries for IMPAX Firm name and address code (2) Indications for use. For treatment Laboratories, Inc. of pituitary-dependent ***** In accordance with the freedom of IMPAX Laboratories, Inc., 000115 hyperadrenocorticism. For treatment of information provisions of 21 CFR part hyperadrenocorticism due to 30831 Huntwood Ave., 20 and 21 CFR 514.11(e)(2)(ii), a Hayward, CA 94544 adrenocortical tumor. summary of safety and effectiveness ***** (3) Limitations. Federal law restricts data and information submitted to this drug to use by or on the order of support approval of this application (2) * * * a licensed veterinarian. may be seen in the Division of Dockets Dated: May 5, 2009. Management (HFA–305), Food and Drug Drug labeler Firm name and address Bernadette Dunham, Administration, 5630 Fishers Lane, rm. code 1061, Rockville, MD 20852, between 9 Director, Center for Veterinary Medicine. ***** [FR Doc. E9–10927 Filed 5–8–09; 8:45 am] a.m. and 4 p.m., Monday through 000115 IMPAX Laboratories, Inc., BILLING CODE 4160–01–S Friday. 30831 Huntwood Ave., FDA has determined under 21 CFR Hayward, CA 94544 25.33 that this action is of a type that ***** DEPARTMENT OF HEALTH AND does not individually or cumulatively HUMAN SERVICES have a significant effect on the human PART 520—ORAL DOSAGE FORM environment. Therefore, neither an NEW ANIMAL DRUGS Food and Drug Administration environmental assessment nor an environmental impact statement is ■ 3. The authority citation for 21 CFR 21 CFR Parts 510 and 520 required. part 520 continues to read as follows: [Docket No. FDA–2009–N–0665] This rule does not meet the definition Authority: 21 U.S.C. 360b. of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because New Animal Drugs; Carprofen it is a rule of ‘‘particular applicability.’’ § 520.309 [Amended] AGENCY: Food and Drug Administration, Therefore, it is not subject to the ■ 4. In paragraph (b)(2) of § 520.309, HHS. congressional review requirements in 5 remove ‘‘000115 and 062250’’ and add U.S.C. 801–808. ACTION: Final rule; technical in its place ‘‘000115, 055529, and amendment. List of Subjects 062250’’. Dated: May 6, 2009. SUMMARY: The Food and Drug 21 CFR Part 510 Bernadette Dunham, Administration (FDA) is amending the Administrative practice and Director, Center for Veterinary Medicine. animal drug regulations to reflect the procedure, Animal drugs, Labeling, original approval of an abbreviated new [FR Doc. E9–10925 Filed 5–8–09; 8:45 am] Reporting and recordkeeping animal drug application (ANADA) filed BILLING CODE 4160–01–S requirements. by Norbrook Laboratories, Ltd. The ANADA provides for the veterinary 21 CFR Part 520 prescription use of carprofen caplets in DEPARTMENT OF THE INTERIOR dogs. Animal drugs. Office of Surface Mining Reclamation DATES: This rule is effective May 11, ■ Therefore, under the Federal Food, and Enforcement 2009. Drug, and Cosmetic Act and under authority delegated to the Commissioner FOR FURTHER INFORMATION CONTACT: John 30 CFR Part 938 K. Harshman, Center for Veterinary of Food and Drugs and redelegated to Medicine (HFV–104), Food and Drug the Center for Veterinary Medicine, 21 [PA–148–FOR; OSM–2008–0014] CFR parts 510 and 520 are amended as Administration, 7500 Standish Pl., Pennsylvania Regulatory Program Rockville, MD 20855, 240–276–8197, e- follows: mail: [email protected]. PART 510—NEW ANIMAL DRUGS AGENCY: Office of Surface Mining SUPPLEMENTARY INFORMATION: Norbrook Reclamation and Enforcement (OSM), Laboratories, Ltd., Station Works, ■ 1. The authority citation for 21 CFR Interior. Newry BT35 6JP, Northern Ireland, filed part 510 continues to read as follows: ACTION: Final rule: clarification. ANADA 200–498 that provides for veterinary prescription use of Authority: 21 U.S.C. 321, 331, 351, 352, SUMMARY: We recently approved an 353, 360b, 371, 379e. NOROCARP (carprofen) Caplets in dogs amendment to the Pennsylvania for the relief of pain and inflammation ■ 2. In § 510.600, in the table in regulatory program (the Pennsylvania associated with osteoarthritis and for paragraph (c)(1) alphabetically add a program) under the Surface Mining the control of postoperative pain new entry for ‘‘IMPAX Laboratories, Control and Reclamation Act of 1977 associated with soft tissue and Inc.’’; and in the table in paragraph (SMCRA or the Act). The changes orthopedic surgeries. The ANADA is (c)(2) numerically add a new entry for related to blasting for the development approved as of November 25, 2008, and ‘‘000115’’ to read as follows: of shafts for underground mines and the regulations are amended in 21 CFR other changes to the blasting regulations § 510.600 Names, addresses, and drug in the Pennsylvania program. After our 520.309 to reflect the approval. labeler codes of sponsors of approved In addition, FDA has found that a applications. approval of the amendment, the sponsor of another generic carprofen Pennsylvania Department of caplet product is not currently listed in * * * * * Environmental Protection (PADEP) the animal drug regulations as a sponsor (c) * * * requested a clarification of our findings of an approved application. (1) * * * in support of that approval. Therefore,
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OSM is publishing a clarification of our ‘‘PADEP has determined that mine opening amendment, as well as any other previous findings. blasting conducted after the second blast is applicable provisions of the not subject to all of Pennsylvania’s blasting DATES: Effective Date: May 11, 2009. Pennsylvania Code. In effect, the ‘‘new regulations, because it is not blasting category of surface blasting’’ that PADEP FOR FURTHER INFORMATION CONTACT: conducted pursuant to a surface coal mining described, provides for the regulation of George Rieger, Director, Pittsburgh Field operation, but rather is underground mine blasting, after the initial rounds of slope Division, Telephone: (717) 782–4036, blasting * * *’’ This statement is wrong. and shaft development, above and e-mail: [email protected]. Pennsylvania has determined that mine opening blasting is not regulated as beyond that required by SMCRA and the I. Background on the Pennsylvania Program ‘‘underground mine blasting.’’ Rather the corresponding Federal regulations. OSM II. Prior Approval of the Amendment regulation created a new category of surface recognized in its approval of the III. Clarification of OSM’s Finding in Support blasting, specifically identified as ‘‘mine proposed amendment that PADEP was of the Decision opening blasting.’’ It is subject to all of IV. Procedural Determinations proposing to regulate mine opening Pennsylvania’s surface mining blasting blasting subsequent to the second blast, I. Background on the Pennsylvania regulations, which specifically allow, that and our approval did nothing to limit or Program ‘‘mine opening blasting conducted after the restrict the State’s ability to do so. second blast, for that mine opening, may be Section 503(a) of the Act permits a conducted at any time of day or night However, in order to alleviate the State’s State to assume primacy for the * * *.’’ concerns about its interpretation of 25 Pa. Code 87.127(a), OSM is publishing regulation of surface coal mining and PADEP specifically requested that reclamation operations on non-Federal this clarification. OSM publish a clarification of this This clarification of OSM’s finding and non-Indian lands within its borders statement contained in our approval of does not affect our decision to approve by demonstrating that its State program the amendment in order to correct this the Pennsylvania amendment as includes, among other things, ‘‘* * * a error. published in the Federal Register on State law which provides for the December 1, 2008. regulation of surface coal mining and III. Clarification of OSM’s Finding in reclamation operations in accordance Support of Our Decision VI. Procedural Determinations with the requirements of the Act * * *; OSM’s regulations apply to two Executive Order 12630—Takings and rules and regulations consistent categories of blasting: blasting with regulations issued by the Secretary associated with surface mining and This rule does not have takings pursuant to the Act.’’ See 30 U.S.C. surface blasting associated with implications. This determination is 1253(a)(1) and (7). On the basis of these underground mining. Our regulations at based on the analysis performed for the criteria, the Secretary of the Interior 30 CFR 817.61(a) specify that ‘‘Sections counterpart Federal regulation. conditionally approved the 817.61–817.68 apply to surface blasting Executive Order 12866—Regulatory Pennsylvania program on July 30, 1982. activities incident to underground coal Planning and Review You can find background information mining, including, but not limited to, This rule is exempted from review by on the Pennsylvania program, including initial rounds of slopes and shafts.’’ The the Office of Management and Budget the Secretary’s findings, the disposition definition of ‘‘mine opening blasting’’ as under Executive Order 12866. of comments, and conditions of proposed by PADEP is ‘‘* * * blasting approval in the July 30, 1982, Federal conducted for the purpose of Executive Order 12988—Civil Justice Register (47 FR 33050). You can also constructing a shaft, slope, drift, or Reform find later actions concerning tunnel mine opening for an The Department of the Interior has Pennsylvania’s program and program underground mine * * *’’ Based upon conducted the reviews required by amendments at 30 CFR 938.11, 938.12, PADEP’s definition, the requirements of Section 3 of Executive Order 12988 and 938.13, 938.15 and 938.16. 30 CFR 816.61–68, which regulate has determined that this rule meets the II. Prior Approval of the Amendment blasting at surface mining activities, do applicable standards of Subsections (a) not apply. In addition, 30 CFR 817.61– and (b) of that section. However, these By letter dated June 8, 2006 68, regarding the regulation of surface standards are not applicable to the (Administrative Record No. PA 887.00), blasting incident to underground coal actual language of State regulatory PADEP sent OSM a program mines, apply only to the initial rounds programs and program amendments amendment to address blasting for the of slope and shaft development; blasting because each program is drafted and development of shafts for underground conducted subsequent to such activity promulgated by a specific State, not by mines and to make administrative (i.e. within the underground mine) is OSM. Under Sections 503 and 505 of changes to regulations relating to not regulated under these provisions. In SMCRA (30 U.S.C. 1253 and 1255) and blasting in 25 Pa. Code Chapters 77, 87, our Federal Register notice announcing the Federal regulations at 30 CFR 88, 89 and 210. approval of the program amendment 730.11, 732.15, and 732.17(h)(10), OSM approved the amendment in a OSM stated that ‘‘[w]e find that mine decisions on proposed State regulatory December 1, 2008, Federal Register opening blasting after the second blast programs and program amendments notice (73 FR 72717). After publication is indeed a reasonable point to submitted by the States must be based of OSM’s decision on the submitted terminate full regulatory coverage solely on a determination of whether the amendment, PADEP contacted OSM pursuant to 30 CFR 817.61–68.’’ submittal is consistent with SMCRA and requesting clarification of our OSM understands that PADEP does its implementing Federal regulations characterization of the State’s not classify mine opening blasting as and whether the other requirements of interpretation of 25 Pa. Code 87.127(a). underground mine blasting, but rather 30 CFR parts 730, 731, and 732 have In a letter dated December 17, 2008 as a ‘‘new category of surface blasting.’’ been met. (Administrative Record No. PA 887.15), In addition, OSM understands that PADEP stated the following: PADEP will continue to regulate mine Executive Order 13132—Federalism In OSM’s finding relating to 25 Pa. Code opening blasting subsequent to the This rule does not have Federalism 87.127(a), and the Federal counterpart at 30 second blast in accordance with the implications. SMCRA delineates the CFR 817.61, the following statement is made: language of the approved program roles of the Federal and State
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governments with regard to the significant adverse effect on the supply, Small Business Regulatory Enforcement regulation of surface coal mining and distribution, or use of energy. Because Fairness Act reclamation operations. One of the this rule is exempt from review under purposes of SMCRA is to ‘‘establish a Executive Order 12866 and is not This rule is not a major rule under 5 nationwide program to protect society expected to have a significant adverse U.S.C. 804(2), the Small Business and the environment from the adverse effect on the supply, distribution, or use Regulatory Enforcement Fairness Act. effects of surface coal mining of energy, a Statement of Energy Effects This rule: (a) Does not have an annual operations.’’ Section 503(a)(1) of is not required. effect on the economy of $100 million; (b) Will not cause a major increase in SMCRA requires that State laws National Environmental Policy Act regulating surface coal mining and costs or prices for consumers, reclamation operations be ‘‘in This rule does not require an individual industries, Federal, State, or accordance with’’ the requirements of environmental impact statement local government agencies, or SMCRA, and Section 503(a)(7) requires because Section 702(d) of SMCRA (30 geographic regions; and (c) Does not that State programs contain rules and U.S.C. 1292(d)) provides that agency have significant adverse effects on regulations ‘‘consistent with’’ decisions on proposed State regulatory competition, employment, investment, regulations issued by the Secretary program provisions do not constitute productivity, innovation, or the ability pursuant to SMCRA. major Federal actions within the of U.S.-based enterprises to compete meaning of Section 102(2)(C) of the with foreign-based enterprises. This Executive Order 13175—Consultation National Environmental Policy Act (42 determination is based upon the fact and Coordination With Indian Tribal U.S.C. 4332(2)(C)). that the Pennsylvania submittal, which Government Paperwork Reduction Act is the subject of this rule, is based upon counterpart Federal regulations for In accordance with Executive Order This rule does not contain 13175, we have evaluated the potential which an analysis was prepared and a information collection requirements that determination made that the Federal effects of this rule on Federally- require approval by OMB under the recognized Indian tribes and have regulation was not considered a major Paperwork Reduction Act (44 U.S.C. rule. determined that the rule does not have 3507 et seq.). substantial direct effects on one or more Unfunded Mandates Indian tribes, on the relationship Regulatory Flexibility Act between the Federal Government and The Department of the Interior This rule will not impose an Indian tribes, or on the distribution of certifies that this rule will not have a unfunded mandate on State, local, or power and responsibilities between the significant economic impact on a tribal governments or the private sector Federal Government and Indian Tribes. substantial number of small entities of $100 million or more in any given The basis for this determination is that under the Regulatory Flexibility Act (5 year. This determination is based upon our decision is on a State Regulatory U.S.C. 601 et seq.). The State submittal, the fact that the Pennsylvania submittal, program and does not involve a Federal which is the subject of this rule, is based which is the subject of this rule, is based regulation involving Indian Lands. upon counterpart Federal regulations for upon counterpart Federal regulations for which an analysis was prepared and a Executive Order 13211—Regulations which an economic analysis was determination made that the Federal That Significantly Affect the Supply, prepared and certification made that such regulations would not have a regulation did not impose an unfunded Distribution, or Use of Energy significant economic effect upon a mandate. On May 18, 2001, the President issued substantial number of small entities. In Dated: February 9, 2009. Executive Order 13211 which requires making the determination as to whether agencies to prepare a Statement of this rule would have a significant Thomas D. Shope, Energy Effects for a rule that is (1) economic impact, the Department relied Regional Director Appalachian Region. considered significant under Executive upon data and assumptions for the [FR Doc. E9–10954 Filed 5–8–09; 8:45 am] Order 12866, and (2) likely to have a counterpart Federal regulations. BILLING CODE 4310–05–P
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Proposed Rules Federal Register Vol. 74, No. 89
Monday, May 11, 2009
This section of the FEDERAL REGISTER period for OPM’s proposal to revoke the 2009 in order to give agencies time to contains notices to the public of the proposed final rule will close on June 10, 2009. amend their policies and communicate issuance of rules and regulations. The ADDRESSES: You may submit comments, changes to their human resources staff purpose of these notices is to give interested identified by RIN number ‘‘3206– and employees. persons an opportunity to participate in the rule making prior to the adoption of the final AL18,’’ using any of the following On March 9, 2009, OPM published a rules. methods: document, at 74 FR 9951, extending the Federal eRulemaking Portal: http:// final rule’s effective date until May 18, www.regulations.gov. Follow the 2009 and reopening the public comment OFFICE OF PERSONNEL instructions for submitting comments. period. OPM issued this notice pursuant MANAGEMENT E-mail: [email protected]. Include to a January 20, 2009 White House ‘‘RIN 3206–AL18, Time in Grade’’ in the memorandum on regulatory review, 5 CFR Part 300 subject line of the message. which requested agencies to consider Fax: (202) 606–2329. RIN 3206–AL18 extending for 60 days the effective date Mail: Angela Bailey, Deputy Associate of regulations that were published in the Revocation of Final Rule Eliminating Director, Center for Talent and Capacity Federal Register but that had not yet Time-in-Grade Requirements Pending Policy, U.S. Office of Personnel taken effect, for the purpose of Policy Review; Extension of Effective Management, Room 6551, 1900 E Street, reviewing questions of law and policy Date During Rulemaking NW., Washington, DC 20415–9700. raised by those regulations. Hand Delivery/Courier: Angela Bailey, AGENCY: U.S. Office of Personnel Deputy Associate Director, Center for Proposal To Revoke the Final Rule Management. Talent and Capacity Policy, U.S. Office OPM received public comments in ACTION: Notice of proposed rulemaking of Personnel Management, Room 6551, response to the March 9, 2009 Federal with request for public comments; 1900 E Street, NW., Washington, DC Register notice. Ten individuals notice of proposed extension of effective 20415–9700. commented favorably on the final rule. date with request for public comments. FOR FURTHER INFORMATION CONTACT: Ms. One of these individuals also offered Janice Warren by telephone (202) 606– qualified support for extending the SUMMARY: The U.S. Office of Personnel 0960; by fax (202) 606–2329; by TTY rule’s effective date. One executive Management (OPM) proposes to revoke (202) 418–3134; or by e-mail agency commented neutrally on the the final rule, titled Time-in-Grade Rule [email protected]. final rule. Two executive agencies, one Eliminated, published in the Federal SUPPLEMENTARY INFORMATION: legislative agency, and one individual Register on November 7, 2008, pending submitted qualified comments on the OPM’s review and consideration of Background final rule requesting amendments or additional public comments received in On February 6, 2008, OPM proposed, clarifications or stating concerns about response to a March 9, 2009 Federal at 73 FR 6857, removing and reserving implementation. Seven individuals and Register notice which extended the final 5 CFR part 300, subpart F, thereby two labor organizations commented in rule’s effective date. OPM also proposes eliminating the time-in-grade restriction opposition to the final rule. One of these to extend the final rule’s effective date on advancement to competitive service labor organizations also commented in for an additional 90 days, from May 18, positions in the General Schedule. favor of extending the rule’s effective 2009 until August 16, 2009, to avoid the Under the rule that OPM proposed to date. One individual commented solely unnecessary expense of allowing a rule eliminate, employees in competitive in opposition to extending the final to take effect that may later be amended service General Schedule positions at rule’s effective date. Finally, one or revoked as a result of the rulemaking grades 5 and above must serve 52 weeks individual submitted a statement proceeding. OPM seeks comments, with in grade before becoming eligible for describing his personal experience with a 30-day comment period, on the merits promotion to the next grade level. time-in-grade requirements, but not of revoking, retaining, or amending Abolishing the restriction would commenting on the rule or its effective OPM’s November 7, 2008 final rule. eliminate the 52-week service date. OPM also seeks comments, with a 5-day requirement. If the requirement is As OPM stated in its March 9, 2009 comment period, on the merits of eliminated, an employee must continue Federal Register notice, the purpose of extending the final rule’s effective date to meet occupational qualification the additional public comment period pending the completion of the standard requirements, and any was ‘‘to allow interested parties to rulemaking proceeding. additional job-related qualification provide comments about issues of law DATES: The effective date of Time-in- requirements established for the and policy’’ raised by regulations that Grade Rule Eliminated, published in the position. had not yet taken effect. OPM’s March Federal Register on November 7, 2008 On November 7, 2008, after 9, 2009 Federal Register referenced the (73 FR 66157), was delayed by a considering comments from seven January 20, 2009 White House document published March 9, 2009 (74 agencies, five unions, one national memorandum on regulatory review, FR 9951) to May 18, 2009, unless the employee organization, and 33 available at http://www.whitehouse.gov/ effective date is extended to August 16, individuals, as well as 61 form letters omb/inforeg_regmatters/, which stated 2009 as proposed in this document. The from individuals, OPM issued a final that the purpose of extending the comment period for OPM’s proposal to rule, at 73 FR 66157, eliminating the effective date and reopening the public extend the final rule’s effective date will time-in-grade restriction. The final rule comment period for such rules was to close on May 12, 2009. The comment was given an effective date of March 9, give the incoming Administration’s
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appointees and designees an these reasons, OPM proposes to extend (LP) turbine rear frames. This proposed opportunity to review and approve such the November 7, 2008 final rule’s AD results from a refined life analysis rules. As noted above, when OPM effective date by an additional 90 days, by the engine manufacturer that shows reopened the public comment period, until August 16, 2009. This will give the need to identify an initial and we received numerous substantive OPM time to review public comments repetitive inspection threshold for comments opposing the final rule, and complete the rulemaking inspecting certain LP turbine rear requesting amendments or proceeding. OPM is opening a 5-day frames. We are proposing this AD to clarifications, or stating concerns about public comment period on the proposed prevent failure of the LP turbine rear implementation. OPM needs time to extension of the final rule’s effective frame from low-cycle-fatigue cracks. evaluate these comments, as well as the date, separate from the 30-day public Failure of the LP turbine rear frame new comments in favor of the rule, as comment period on the notice of could result in engine separation from part of the review and evaluation proposed rulemaking. the airplane, possibly leading to loss of process described in the White House OPM suggests that agencies delay control of the airplane. memorandum on regulatory review. preparations and financial commitments DATES: We must receive any comments Accordingly, OPM proposes to revoke associated with the changes required by on this proposed AD by July 10, 2009. the November 7, 2008 final rule pending the final rule until a decision is made ADDRESSES: Use one of the following OPM’s review and consideration of the regarding whether and when, if at all, addresses to comment on this proposed additional public comments that were the regulation will go into effect. AD. solicited on March 9, 2009. OPM seeks • Federal eRulemaking Portal: Go to additional public comments, with a 30- Regulatory Flexibility Act http://www.regulations.gov and follow day comment period, on the merits of I certify that this regulation will not the instructions for sending your revoking, retaining, or amending the have a significant economic impact on comments electronically. November 7, 2008 final rule. When a substantial number of small entities • Mail: Docket Management Facility, OPM issues a new final rule, or reissues because it affects only certain Federal U.S. Department of Transportation, 1200 the November 7, 2008 final rule, with or employees. New Jersey Avenue, SE., West Building without amendments, OPM will account Ground Floor, Room W12–140, for the public comments received in E.O. 12866, Regulatory Review Washington, DC 20590–0001. response to the March 9, 2009 Federal This rule has been reviewed by the • Hand Delivery: Deliver to Mail Register notice, as well as any Office of Management and Budget in address above between 9 a.m. and 5 comments received in response to this accordance with Executive Order 12866. p.m., Monday through Friday, except notice of proposed rulemaking. List of Subjects in 5 CFR Part 300 Federal holidays. Proposal To Extend the Final Rule’s • Fax: (202) 493–2251. Freedom of information, Government Effective Date employees, Reporting and FOR FURTHER INFORMATION CONTACT: The November 7, 2008 final rule is recordkeeping requirements, Selective Antonio Cancelliere, Aerospace scheduled to take effect on May 18, Service System. Engineer, Engine Certification Office, 2009. However, in its February 6, 2008 FAA, Engine and Propeller Directorate, U.S. Office of Personnel Management. notice of proposed rulemaking, OPM 12 New England Executive Park, recognized that agencies need John Berry, Burlington, MA 01803; e-mail: significant time to implement any new Director. [email protected]; (781) 238– policy on time-in-grade requirements, [FR Doc. E9–11014 Filed 5–7–09; 12:00 pm 7199. and to communicate the policy to BILLING CODE 6325–39–P Contact CFM International, Technical human resources staff and employees. Publications Department, 1 Neumann This concern was validated by one Way, Cincinnati, OH 45215; telephone agency’s comment, in response to DEPARTMENT OF TRANSPORTATION (513) 552–2800; fax (513) 552–2816, for OPM’s March 9, 2009 Federal Register a copy of the service information notice, that implementing a time-in- Federal Aviation Administration identified in this proposed AD. grade policy required significant lead SUPPLEMENTARY INFORMATION: time, because of that agency’s need to 14 CFR Part 39 Comments Invited modify merit promotion procedures, [Docket No. FAA–2009–0236; Directorate notify labor organizations, and amend Identifier 2009–NE–06–AD] We invite you to send us any written hundreds of vacancy announcements for relevant data, views, or arguments competitive service positions, all at a RIN 2120–AA64 regarding this proposal. Send your comments to an address listed under time when the agency had significant Airworthiness Directives; CFM ADDRESSES. Include ‘‘Docket No. FAA– competing obligations. International, S.A. CFM56–7B Series Unless the final rule’s effective date is 2009–0236; Directorate Identifier 2009– Turbofan Engines further extended, agencies likely will NE–06–AD’’ in the subject line of your undertake significant effort and expense AGENCY: Federal Aviation comments. We specifically invite to meet the changes required by the Administration (FAA), DOT. comments on the overall regulatory, rule. If the decision is made to revoke ACTION: Notice of proposed rulemaking economic, environmental, and energy or amend the final rule, these expenses (NPRM). aspects of the proposed AD. We will will have been incurred unnecessarily. consider all comments received by the Furthermore, OPM will have to begin SUMMARY: The FAA proposes to adopt a closing date and may amend the answering questions and providing new airworthiness directive (AD) for proposed AD in light of those compliance assistance about how the CFM International, S.A. CFM56–7B comments. final rule is to be implemented, series turbofan engines. This proposed We will post all comments we guidance that will only confuse agencies AD would require initial and repetitive receive, without change, to http:// if new guidance about a revised rule has eddy current inspections (ECIs) of www.regulations.gov, including any to be provided in the near future. For certain part number (P/N) low-pressure personal information you provide. We
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will also post a report summarizing each develop on other products of this same on a substantial number of small entities substantive verbal contact with FAA type design. We are proposing this AD, under the criteria of the Regulatory personnel concerning this proposed AD. which would require initial and Flexibility Act. Using the search function of the Web repetitive ECIs of the affected P/N LP We prepared a regulatory evaluation site, anyone can find and read the turbine rear frames. The proposed AD of the estimated costs to comply with comments in any of our dockets, would require you to use the service this proposed AD. You may get a copy including, if provided, the name of the information described previously to of this summary at the address listed individual who sent the comment (or perform these actions. under ADDRESSES. signed the comment on behalf of an Costs of Compliance List of Subjects in 14 CFR Part 39 association, business, labor union, etc.). You may review the DOT’s complete We estimate that this proposed AD Air transportation, Aircraft, Aviation Privacy Act Statement in the Federal would affect 1,228 CFM56–7B series safety, Incorporation by reference, Register published on April 11, 2000 turbofan engines installed on airplanes Safety. (65 FR 19477–78). of U.S. registry. We estimate that it The Proposed Amendment would take about 3 work-hours to Examining the AD Docket perform an eddy current inspection of Under the authority delegated to me You may examine the AD docket on an LP turbine rear frame. The average by the Administrator, the Federal the Internet at http:// labor rate is $80 per work-hour. A Aviation Administration proposes to www.regulations.gov; or in person at the replacement LP turbine rear frame costs amend 14 CFR part 39 as follows: Docket Operations office between 9 a.m. about $275,000. If all 1,228 LP turbine PART 39—AIRWORTHINESS and 5 p.m., Monday through Friday, rear frames needed replacement, we DIRECTIVES except Federal holidays. The AD docket estimate the total cost of the proposed contains this proposed AD, the AD to U.S. operators to be $33,994,720. 1. The authority citation for part 39 regulatory evaluation, any comments continues to read as follows: Authority for This Rulemaking received, and other information. The Authority: 49 U.S.C. 106(g), 40113, 44701. street address for the Docket Operations Title 49 of the United States Code office (telephone (800) 647–5527) is the specifies the FAA’s authority to issue § 39.13 [Amended] same as the Mail address provided in rules on aviation safety. Subtitle I, 2. The FAA amends § 39.13 by adding the ADDRESSES section. Comments will section 106, describes the authority of the following new airworthiness be available in the AD docket shortly the FAA Administrator. Subtitle VII, directive: Aviation Programs, describes in more after receipt. CFM International, S.A: Docket No. FAA– detail the scope of the Agency’s Discussion 2009–0236; Directorate Identifier 2009– authority. NE–06–AD. CFM International, S.A. performed a We are issuing this rulemaking under refined life analysis that identified the the authority described in subtitle VII, Comments Due Date need for initial and repetitive inspection part A, subpart III, section 44701, (a) The Federal Aviation Administration thresholds for LP turbine rear frames, ‘‘General requirements.’’ Under that (FAA) must receive comments on this P/Ns 340–166–254–0; 340–166–255–0; section, Congress charges the FAA with airworthiness directive (AD) action by July 340–166–256–0; 340–166–257–0; 340– promoting safe flight of civil aircraft in 10, 2009. 166–258–0; 340–166–259–0; P/N 340– air commerce by prescribing regulations Affected ADs 177–551–0; 340–177–552–0; 340–177– for practices, methods, and procedures (b) None. 553–0; 340–177–554–0; 340–177–555–0; the Administrator finds necessary for and 340–177–556–0. These LP turbine safety in air commerce. This regulation Applicability rear frames are installed on CFM56–7B is within the scope of that authority (c) This AD applies to: series turbofan engines. This proposed because it addresses an unsafe condition (1) CFM International, S.A. CFM56–7B20; –7B22; –7B24; –7B26; –7B27; –7B22/B1; AD would require initial and repetitive that is likely to exist or develop on –7B24/B1; –7B27/B1; –7B26/B1; –7B26/B2; ECIs of these LP turbine rear frames. products identified in this rulemaking –7B20/3; –7B22/3; –7B24/3; –7B26/3; –7B27/ This condition, if not corrected, could action. 3; –7B22/3B1; –7B24/3B1; –7B27/3B1; result in engine separation from the Regulatory Findings –7B26/3B1; –7B26/3B2; –7B26/3F; –7B27/3; airplane, possibly leading to loss of –7B27/3F; –7B26/3B2F; –7B27/3B1F; –7B27/ control of the airplane. We have determined that this 3B3; and –7B27A turbofan engines assembled proposed AD would not have federalism with a low-pressure (LP) turbine rear frame, Relevant Service Information implications under Executive Order part number (P/N) 340–166–254–0; 340–166– We have reviewed and approved the 13132. This proposed AD would not 254–0; 340–166–255–0; 340–166–256–0; technical contents of CFM International, have a substantial direct effect on the 340–166–257–0; 340–166–258–0; or 340– 166–259–0; and S.A. Service Bulletin (SB) No. CFM56– States, on the relationship between the (2) CFM International, S.A. CFM56–7B20/ 7B S/B 72–0558, Revision 2, dated national Government and the States, or 2; –7B22/2; –7B24/2; –7B26/2; and –7B27/2 December 1, 2008, and SB No. CFM56– on the distribution of power and turbofan engines assembled with a dual 7B S/B 72–0579, Revision 4, dated responsibilities among the various annular combustor and an LP turbine rear December 1, 2008, that describe levels of government. frame, P/N 340–177–551–0; 340–177–552–0; procedures for performing initial and For the reasons discussed above, I 340–177–553–0; 340–177–554–0; 340–177– repetitive ECIs of the LP turbine rear certify that the proposed AD: 555–0; or 340–177–556–0. frame. 1. Is not a ‘‘significant regulatory (3) These engines are installed on, but not action’’ under Executive Order 12866; limited to, Boeing 737–600, 737–700, 737– FAA’s Determination and Requirements 2. Is not a ‘‘significant rule’’ under the 800, and 737–900 series airplanes. of the Proposed AD DOT Regulatory Policies and Procedures Unsafe Condition We have evaluated all pertinent (44 FR 11034, February 26, 1979); and (d) This AD results from a refined life information and identified an unsafe 3. Would not have a significant analysis by the engine manufacturer that condition that is likely to exist or economic impact, positive or negative, shows the need to identify an initial and
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repetitive inspection threshold for inspecting length at any location, of 0.79 inch (20 mm) intervals in paragraph 3.A.(8) of the certain LP turbine rear frames. We are issuing or longer. Accomplishment Instructions of CFM this AD to prevent failure of the LP turbine (g) For CFM International, S.A. CFM56– International, S.A. SB No. CFM56–7B S/B rear frame from low-cycle-fatigue cracks. 7B26/B1; –7B27/3; –7B26/3B1; and –7B27/ 72–0558, Revision 2, dated December 1, Failure of the LP turbine rear frame could 3B3 turbofan engines with an LP turbine rear 2008. result in engine separation from the airplane, frame, P/N 340–166–254–0; 340–166–254–0; (4) Use paragraphs 3.A. through 3.A.(7)(d) possibly leading to loss of control of the 340–166–255–0; 340–166–256–0; 340–166– of the Accomplishment Instructions of CFM airplane. 257–0; 340–166–258–0; or 340–166–259–0, International, S.A. SB No. CFM56–7B S/B Compliance do the following: 72–0558, Revision 2, dated December 1, (1) Perform an initial ECI of the LP turbine 2008, to do the ECIs. (e) You are responsible for having the rear frame within 19,000 CSN on the LP (5) Remove LP turbine rear frames from actions required by this AD performed within turbine rear frame. service that have a total cumulated crack the compliance times specified unless the (2) For engines with unknown LP turbine actions have already been done. length at any location, of 0.43 inch (11 mm) rear frame CSN, perform an initial ECI within or longer. Inspections of LP Turbine Rear Frames 300 cycles from the effective date of this AD. (3) Perform repetitive ECIs of the LP Alternative Methods of Compliance (f) For CFM International, S.A. CFM56– turbine rear frame, using the inspection 7B20; –7B22; –7B24; –7B26; –7B27; –7B22/ (i) The Manager, Engine Certification B1; –7B24/B1; –7B27/B1; –7B26/B2; –7B20/ intervals in paragraph 3.A.(9) of the Office, has the authority to approve 3; –7B22/3; –7B24/3; –7B26/3; –7B27/3; Accomplishment Instructions of CFM alternative methods of compliance for this –7B22/3B1; –7B24/3B1; –7B27/3B1; –7B26/ International, S.A. SB No. CFM56–7B AD if requested using the procedures found 3B2; –7B26/3F; –7B27/3F; –7B26/3B2F; S/B 72–0579, Revision 4, dated December 1, in 14 CFR 39.19. –7B27/3B1F; and –7B27A turbofan engines 2008. with an LP turbine rear frame, P/N 340–166– (4) Use paragraphs 3.A. through 3.A.(7)(d) Related Information 254–0; 340–166–254–0; 340–166–255–0; of the Accomplishment Instructions of CFM (j) European Aviation Safety Agency AD 340–166–256–0; 340–166–257–0; 340–166– International, S.A. Service Bulletin (SB) No. 2009–0009, dated January 15, 2009, also 258–0; or 340–166–259–0, do the following: CFM56–7B S/B 72–0579, Revision 4, dated addresses the subject of this AD. (1) Perform an initial eddy current December 1, 2008, to do the ECIs. (k) Contact CFM International, Technical inspection (ECI) of the LP turbine rear frame (5) Remove LP turbine rear frames from Publications Department, 1 Neumann Way, within 25,000 cycles-since-new (CSN) on the service that have a total cumulated crack Cincinnati, OH 45215; telephone (513) 552– LP turbine rear frame. length at any location, of 0.79 inch (20 mm) 2800; fax (513) 552–2816, for a copy of the (2) For engines with unknown LP turbine or longer. service information identified in this AD. rear frame CSN, perform an initial ECI within (h) For CFM International, S.A. CFM56– (l) Contact Antonio Cancelliere, Aerospace 300 cycles from the effective date of this AD. 7B20/2; –7B22/2; –7B24/2; –7B26/2; and Engineer, Engine Certification Office, FAA, –7B27/2 turbofan engines assembled with a (3) Perform repetitive ECIs of the LP Engine and Propeller Directorate, 12 New dual annular combustor and an LP turbine turbine rear frame, using the inspection England Executive Park, Burlington, MA rear frame, P/N 340–177–551–0; 340–177– intervals in paragraph 3.A.(8) of the 01803; e-mail: [email protected]; 552–0; 340–177–553–0; 340–177–554–0; Accomplishment Instructions of CFM 238–7751; fax (781) 238–7199, for more International, S.A. SB No. CFM56–7B S/B 340–177–555–0; or 340–177–556–0, do the information about this AD. 72–0579, Revision 4, dated December 1, following: 2008. (1) Perform an initial ECI of the LP turbine Issued in Burlington, Massachusetts, on (4) Use paragraphs 3.A. through 3.A.(7)(d) rear frame within 16,350 CSN on the LP May 4, 2009. of the Accomplishment Instructions of CFM turbine rear frame. Peter A. White, International, S.A. Service Bulletin (SB) No. (2) For engines with unknown LP turbine Assistant Manager, Engine and Propeller CFM56–7B S/B 72–0579, Revision 4, dated rear frame CSN, perform an initial ECI within Directorate, Aircraft Certification Service. December 1, 2008, to do the ECIs. 300 cycles from the effective date of this AD. (5) Remove LP turbine rear frames from (3) Perform repetitive ECIs of the LP [FR Doc. E9–10956 Filed 5–8–09; 8:45 am] service that have a total cumulated crack turbine rear frame, using the inspection BILLING CODE 4910–13–P
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Notices Federal Register Vol. 74, No. 89
Monday, May 11, 2009
This section of the FEDERAL REGISTER the collection of information unless it credit, and to plan for future levels of contains documents other than rules or displays a currently valid OMB control program funding. proposed rules that are applicable to the number. Need and Use of the Information: FNS public. Notices of hearings and investigations, will collect information in order to committee meetings, agency decisions and Food and Nutrition Service analyze progress in the program and to rulings, delegations of authority, filing of Title: Report of School Program petitions and applications and agency make monthly adjustments to State statements of organization and functions are Operations. agency funding requirements. If data is examples of documents appearing in this OMB Control Number: 0584–0002. not collected FNS would be unable to section. Summary of Collection: The Food and monitor the proper use of program Nutrition Service administers the funds. National School Lunch Program, the Description of Respondents: State, DEPARTMENT OF AGRICULTURE School Breakfast Program, and the Local or Tribal Government. Special Milk Program as mandated by Number of Respondents: 55. Submission for OMB Review; the National School Lunch Act, as Frequency of Responses: Reporting: Comment Request amended, and the Child Nutrition Act of Quarterly; Semi-annually; Monthly. Total Burden Hours: 1,980. May 6, 2009. 1966, as amended. Information on The Department of Agriculture has school program operations is collected Ruth Brown, submitted the following information from state agencies on a monthly basis Departmental Information Collection collection requirement(s) to OMB for to monitor and make adjustments to Clearance Officer. review and clearance under the State agency funding requirements. FNS [FR Doc. E9–10958 Filed 5–8–09; 8:45 am] uses form FNS–10 to collect data Paperwork Reduction Act of 1995, BILLING CODE 3410–30–P Public Law 104–13. Comments although 100 percent of the information regarding (a) whether the collection of is collected through electronic means. information is necessary for the proper Need and Use of the Information: FNS DEPARTMENT OF AGRICULTURE performance of the functions of the collects quantity information from State agency, including whether the agencies on the number of meals served Rural Housing Service information will have practical utility; under the various food programs. (b) the accuracy of the agency’s estimate Information is categorized in a number Notice of Funds Availability for the of burden including the validity of the of areas and States are asked to provide Section 533 Housing Preservation methodology and assumptions used; (c) their estimates along with actual data. Grants for Fiscal Year 2009 FNS uses the information collected on ways to enhance the quality, utility and Announcement Type: Initial Notice school operations to assess the progress clarity of the information to be inviting applications from qualified of the various programs and to make collected; (d) ways to minimize the applicants for Fiscal Year 2009. burden of the collection of information monthly adjustments to State agency on those who are to respond, including funding requirements. If the information Catalog of Federal Domestic Assistance Numbers (CFDA): 10.433. through the use of appropriate was not collected, FNS would be unable automated, electronic, mechanical, or to monitor the proper use of program SUMMARY: The Rural Housing Service other technological collection funds. (RHS), an agency within Rural techniques or other forms of information Description of Respondents: State, Development, announces that it is technology should be addressed to: Desk Local, or Tribal Government. soliciting competitive applications Officer for Agriculture, Office of Number of Respondents: 57. under its Housing Preservation Grant Information and Regulatory Affairs, Frequency of Responses: Reporting: (HPG) program. The HPG program is a Office of Management and Budget Monthly. grant program which provides qualified (OMB), Total Burden Hours: 5,472. public agencies, private non-profit [email protected] or organizations, which may include, but Food and Nutrition Service fax (202) 395–5806 and to Departmental not be limited to, faith-based and Clearance Office, USDA, OCIO, Mail Title: Report of the Child and Adult community organizations, and other Stop 7602, Washington, DC 20250– Care Food Program. eligible entities grant funds to assist 7602. Comments regarding these OMB Control Number: 0584–0078. very low- and low-income homeowners information collections are best assured Summary of Collection: The Child in repairing and rehabilitating their of having their full effect if received and Adult Care Food Program is homes in rural areas. In addition, the within 30 days of this notification. mandated by Section 17 of the National HPG program assists rental property Copies of the submission(s) may be School Lunch Act, as amended. Program owners and cooperative housing obtained by calling (202) 720–8958. implementation is contained in 7 CFR complexes in repairing and An agency may not conduct or part 226. The Food and Nutrition rehabilitating their units if they agree to sponsor a collection of information Service (FNS) collects information using make such units available to low- and unless the collection of information Form FNS–44 to use in managing the very low-income persons. This action is displays a currently valid OMB control Child and Adult Care Food Program. taken to comply with Agency number and the agency informs This report is vital since it is the only regulations found in 7 CFR part 1944, potential persons who are to respond to means by which FNS can obtain current subpart N, which require the Agency to the collection of information that such information necessary to make announce the opening and closing dates persons are not required to respond to payments to State agency letters of for receipt of preapplications for HPG
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funds from eligible applicants. The for these competitively awarded grants wait until the application deadline date intended effect of this Notice is to include state and local governments, to begin the application process through provide eligible organizations notice of non-profit corporations, which may Grants.gov. To use Grants.gov, these dates. include, but not be limited to faith- applicants must have a DUNS number. DATES: The closing deadline for receipt based and community organizations, • You may submit all documents of all applications in response to this federally recognized Indian tribes, and electronically through the Web site, Notice is 5 p.m., local time for each consortia of eligible entities. including all information typically Rural Development State Office on July Federally recognized Indian tribes, included on the Application for Rural 10, 2009. The application closing pursuant to 7 CFR 1944.674, are exempt Housing Preservation Grants, and all deadline is firm as to date and hour. from the requirement to consult with necessary assurances and certifications. RHS will not consider any application local leaders including announcing the • Your application must comply with that is received after the closing availability of its statement of activities any page limit requirements described deadline. Applicants intending to mail for review in a newspaper. in this Notice. applications must provide sufficient As part of the application, all • After you electronically submit time to permit delivery on or before the applicants must also provide a Dun and your application through the Web site, closing deadline date and time. Bradstreet Data Universal Numbering you will receive an automatic Acceptance by the United States Postal System (DUNS) number. As required by acknowledgement from Grants.gov that Service or private mailer does not the Office of Management and Budget contains a Grants.gov tracking number. constitute delivery. Facsimile (FAX) and (OMB), all grant applicants must • RHS may request that you provide postage due applications will not be provide a DUNS number when applying original signatures on forms at a later for Federal grants, on or after October 1, accepted. date. 2003. Organizations can receive a DUNS • If you experience technical SUPPLEMENTARY INFORMATION: number at no cost by calling the difficulties on the closing date and are Paperwork Reduction Act dedicated toll-free DUNS number unable to meet the 5 p.m. (Eastern request line at 1–866–705–5711. Standard Time) deadline, print out your The reporting requirements contained Additional information concerning this in this Notice have been approved by application and submit it to your State requirement is provided in a policy Office, you must meet the closing date the Office of Management and Budget directive issued by OMB and published under Control Number 0575–0115. and local time deadline. in the Federal Register on June 27, 2003 • Please note that you must locate the Program Administration (68 FR 38402–38405). downloadable application package for To comply with the President’s I. Funding Opportunities Description this program by the CFDA Number or Management Agenda, the Department of FedGrants Funding Opportunity The funding instrument for the HPG Agriculture is participating as a partner Number, which can be found at http:// in the new Government-wide Grants.gov Program will be a grant agreement. The www.fedgrants.gov. term of the grant can vary from 1 to 2 site in FY 2009. Housing Preservation years, depending on available funds and Grants [Catalog of Federal Domestic IV. Application and Submission demand. No maximum or minimum Assistance #10.433] is one of the Information grant levels have been established at the programs included at this Web site. You Applicants wishing to apply for National level. You should contact the may access the electronic grant assistance must make its statement of Rural Development State Office to application for Housing Preservation activities available to the public for determine the allocation. Grants at: http://www.grants.gov. If you comment. The applicant(s) must are an applicant under the Housing II. Award Information announce the availability of its Preservation Grant Program, you may statement of activities for review in a For Fiscal Year 2009, $10,088,166.45 submit your application to the Agency newspaper of general circulation in the is available for the HPG Program. The in either electronic or paper format. project area and allow at least 15 days total includes $688,166.45 in carryover Please be mindful that the application for public comment. The start of this 15- funds. A set-aside of $600,000 has been deadline for electronic format differs day period must occur no later than 16 established for grants located in from the deadline for paper format. The days prior to the last day for acceptance Empowerment Zones, Enterprise electronic format deadline will be based of pre-applications by USDA Rural Communities, and Rural Economic Area on Eastern Standard Time. The paper Development. Partnership Zones and other funds will format deadline is local time for each Applicants must also contact the be distributed under a formula Rural Development State Office. Rural Development State Office serving allocation to states pursuant to 7 CFR Users of Grants.gov will be able to the place in which they desire to submit part 1940, subpart L, ‘‘Methodology and download a copy of the application an application to receive further Formulas for Allocation of Loan and package, complete it off line, and then information and copies of the Grant Program Funds.’’ Decisions on upload and submit the application via application package. Rural Development funding will be based on pre- the Grants.gov site. You may not e-mail will date and time stamp incoming applications. an electronic copy of a grant application applications to evidence timely receipt, to USDA Rural Development; however, III. Eligibility Information and, upon request, will provide the the Agency encourages your 7 CFR part 1944, subpart N provides applicant with a written participation in Grants.gov. acknowledgment of receipt. A listing of details on what information must be The following are useful tips and Rural Development State Offices, their contained in the preapplication instructions on how to use the Web site: package. Entities wishing to apply for • When you enter the Grants.gov site, addresses, telephone numbers, and assistance should contact the Rural you will find information about person to contact follows: Development State Office to receive submitting an application electronically Note: Telephone numbers listed are not further information, the State allocation through the site as well as the hours of toll-free. of funds, and copies of the operation. USDA Rural Development Alabama State Office, Suite 601, Sterling preapplication package. Eligible entities strongly recommends that you do not Centre, 4121 Carmichael Road,
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Montgomery, Alabama 36106–3683, (334) Bob Nadeau, Maryland, Served by Delaware 17110–2996, (717) 237–2282, TDD (717) 279–3454, TDD (334) 279–3495. State Office. 237–2261, Martha E. Hanson. Anne Chavers, Alaska State Office, 800 West Massachusetts, Connecticut, & Rhode Island Puerto Rico State Office, IBM Building, Suite Evergreen, Suite 201, Palmer, Alaska State Office, 451 West Street Suite 2, 601, Munoz Rivera Ave., #654, San Juan, 99645, (907) 761–7740, TDD (907) 761– Amherst, Massachusetts 01002, (413) 253– Puerto Rico 00918, (787) 766–5095 (ext. 8905. 4315, TDD (413) 253–4590. 256), TDD (787) 766–5332, Jan Vargas. Debbie I. Davis, Arizona State Office, Paul Geoffroy, Michigan State Office, 3001 Rhode Island, Served by Massachusetts State Phoenix Courthouse and Federal Building, Coolidge Road, Suite 200, East Lansing, Office. 230 North First Avenue, Suite 206, Michigan 48823, (517) 324–5192, TDD South Carolina State Office, Strom Phoenix, Arizona 85003–1706, (602) 280– (517) 337–6795. Thurmond Federal Building, 1835 8768, TDD (602) 280–8706. Kelly Darland, Minnesota State Office, 375 Assembly Street, Room 1007, Columbia, Carol Torres, Arkansas State Office, 700 West Jackson Street Building, Suite 410, St. Paul, South Carolina 29201, (803) 765–5870, Capitol Avenue, Room 3416, Little Rock, Minnesota 55125, (651) 602–7804, TDD TDD (803) 765–5697, Lila Moses. Arkansas 72201–3225, (501) 301–3258, (651) 602–7830. South Dakota State Office, Federal Building, Thomas Osborne, Mississippi State Office, TDD (501) 301–3063. Room 210, 200 Fourth Street, SW., Huron, ≤ Federal Building, Suite 831, 100 West Clinton King, California State Office, 430 G South Dakota 57350, (605) 352–1132, TDD Capitol Street, Jackson, Mississippi 39269, Street, #4169, Davis, California 95616– (605) 352–1147, Roger Hazuka or Pam 4169, (530) 792–5821, TDD (530) 792– (601) 965–4325, TDD (601) 965–5850. Darnella Smith-Murray, Missouri State Reilly. 5848. Tennessee State Office, Suite 300, 3322 West Debra Moretton, Colorado State Office, 655 Office, 601 Business Loop 70 West, Parkade Center, Suite 235, Columbia, End Avenue, Nashville, Tennessee 37203– Parfet Street, Room E100, Lakewood, 1084, (615) 783–1300, TDD (615) 783– Colorado 80215, (720) 544–2923, TDD Missouri 65203, (573) 876–9303, TDD (573) 1397, Abby Boggs. (800) 659–2656. 876–9480. Texas State Office, Federal Building, Suite Mary Summerfield, Connecticut, Served by Becky Eftink, Montana State Office, 900 102, 101 South Main, Temple, Texas Massachusetts State Office. Technology Boulevard, Suite B, Bozeman, 76501, (254) 742–9769, TDD (254) 742– Delaware and Maryland State Office, 1221 Montana 59771, (406) 585–2515, TDD (406) 9712, Olivia Pinon. College Park Drive, Suite 200, Dover, 585–2562. Utah State Office, Wallace F. Bennett Federal Delaware 19904, (302) 857–3615, TDD Deborah Chorlton, Nebraska State Office, Building, 125 South State Street, Room (302) 857–3585. Federal Building, Room 152, 100 4311, Salt Lake City, Utah 84138, (801) Pat Baker, Florida & Virgin Islands State Centennial Mall N, Lincoln, Nebraska 524–4308, TDD (801) 524–3309, Janice Office, 4440 N.W. 25th Place, Gainesville, 68508, (402) 437–5557, TDD (402) 437– 5093. Florida 32606–6563, (352) 338–3465, TDD Kocher. Lanae Brasch, Nevada State Office, 1390 (352) 338–3499. Vermont State Office, City Center, 3rd Floor, South Curry Street, Carson City, Nevada Elizabeth M. Whitaker, Georgia State Office, 89 Main Street, Montpelier, Vermont 89703–9910, (775) 887–1222 (ext. 14), TDD Stephens Federal Building, 355 East 05602, (802) 828–6021, TDD (802) 223– (775) 885–0633. Hancock Avenue, Athens, Georgia 30601– 6365, Heidi Setien. Mona Sargent, New Hampshire State Office, Virgin Islands, Served by Florida State 2768, (706) 546–2164, TDD (706) 546– Concord Center, Suite 218, Box 317, 10 2034. Office. Ferry Street, Concord, New Hampshire Virginia State Office, Culpeper Building, Dawn Pilgrim, Hawaii State Office, (Services 03301–5004, (603) 223–6046, TDD (603) all Hawaii, American Samoa, Guam, and Suite 238, 1606 Santa Rosa Road, 229–0536. Richmond, Virginia 23229, (804) 287–1596, Western Pacific), Room 311, Federal Sandra Hawkins, New Jersey State Office, 5th Building, 154 Waianuenue Avenue, Hilo, TDD (804) 287–1753, CJ Michels. Floor North, Suite 500, 8000 Midlantic Washington State Office, 1835 Black Lake Hawaii 96720, (808) 933–8300, TDD (808) Drive, Mt. Laurel, New Jersey 08054, (856) 933–8321. Boulevard, Suite B, Olympia, Washington 787–7773, TDD (856) 787–7784. 98512, (360) 704–7706, TDD (360) 704– Gayle Kuheana, Idaho State Office, Suite A1, Derrick S. Waltz, New Mexico State Office, 9173 West Barnes Drive, Boise, Idaho 7760, Bill Kirkwood. 6200 Jefferson Street, NE, Room 255, Western Pacific Territories, Served by Hawaii 83709, (208) 378–5628, TDD (208) 378– Albuquerque, New Mexico 87109, (505) 5644. State Office. 761–4944, TDD (505) 761–4938. West Virginia, Parkersburg West Virginia Joyce Weinzetl, Illinois State Office, 2118 Susan Ellzey, New York State Office, The West Park Court, Suite A, Champaign, County Office, 91 Boyles Lane, Galleries of Syracuse, 441 South Salina Parkersburg, West Virginia 26104, (304) Illinois 61821–2986, (217) 403–6222, TDD Street, Suite 357 5th Floor, Syracuse, New (217) 403–6240. 422–9070, TDD (304) 284–4836, Penny York 13202, (315) 477–6453, TDD (315) Thaxton. Barry L. Ramsey, Indiana State Office, 5975 477–6447. Lakeside Boulevard, Indianapolis, Indiana Wisconsin State Office, 4949 Kirschling Kathryn Boerner, North Carolina State Office, Court, Stevens Point, Wisconsin 54481, 46278, (317) 290–3100 (ext. 426), TDD 4405 Bland Road, Suite 260, Raleigh, North (317) 290–3343. (715) 345–7608 (ext.111), TDD (715) 345– Carolina 27609, (919) 873–2062, TDD (919) 7614, Sara Kendall. Mary Hawthorne, Iowa State Office, 210 873–2003. Walnut Street Room 873, Des Moines, Iowa Wyoming State Office, Post Office Box 82601, Rebecca Dillard, North Dakota State Office, Casper, Wyoming 82602–5006, (307) 233– 50309, (515) 284–4666, TDD (515) 284– Federal Building, Room 208, Post Office 6716, TDD (307) 233–6733, Alan Brooks. 4858. Box 1737, Bismarck, North Dakota 58502, Mary Beth Juergens, Kansas State Office, (701) 530–2046, TDD (701) 530–2113. FOR FURTHER INFORMATION CONTACT: 1303 SW First American Place, Suite 100, For Barry Borstad, Ohio State Office, Federal general information, applicants may Topeka, Kansas 66604–4040, (785) 271– Building, Room 507, 200 North High 2700, TDD (785) 271–2767. Street, Columbus, Ohio 43215–2477, (614) contact Bonnie Edwards-Jackson, Mike Resnik, Kentucky State Office, 771 255–2409, TDD (614) 255–2554. Finance and Loan Analyst, Multi- Corporate Drive, Suite 200, Lexington, Cathy Simmons, Oklahoma State Office, 100 Family Housing Preservation and Direct Kentucky 40503, (859) 224–7325, TDD USDA, Suite 108, Stillwater, Oklahoma Loan Division, USDA Rural (859) 224–7422. 74074–2654, (405) 742–1076, TDD (405) Development, Stop 0781, 1400 Beth Moore, Louisiana State Office, 3727 742–1007. Independence Avenue, SW., Government Street, Alexandria, Louisiana Tim Henderson, Oregon State Office, 1201 Washington, DC 20250–0781, telephone 71302, (318) 473–7962, TDD (318) 473– NE Lloyd Boulevard, Suite 801, Portland, (202) 690–0759 (voice) (this is not a toll 7655. Oregon 97232–1274, (503) 414–3340, TDD Yvonne R. Emerson, Maine State Office, Post (503)414–3387. free number) or (800) 877–8339 (TDD– Office Box 405, Bangor, Maine 04402– Barb Brandon Federal Information Relay Service) or 0405, (207) 990–9110, TDD (207) 942– Pennsylvania State Office, One Credit Union via e-mail at, 7331. Place, Suite 330, Harrisburg, Pennsylvania [email protected].
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V. Application Review Information nonminority persons the grantee will (c) Evidence of the applicant’s legal All applications for Section 533 funds assist with HPG funds; and, if a rental existence, including, in the case of a must be filed with the appropriate Rural property or cooperative assistance private non-profit organization, which Development State Office and must program, the number of units and the may include, but not be limited to, faith- meet the requirements of this Notice term of restrictive covenants on their based and community organizations, a and 7 CFR part 1944, subpart N. Pre- use for very low- and low-income; copy of, or an accurate reference to, the applications determined not eligible (8) The geographical area(s) to be specific provisions of State law under and/or not meeting the selection criteria served by the HPG program; which the applicant is organized; a will be notified by the Rural (9) The annual estimated budget for certified copy of the applicant’s Articles Development State Office. the program period based on the of Incorporation and Bylaws or other All applicants will file an original and financial needs to accomplish the evidence of corporate existence; two copies of Standard Form (SF) 424, objectives outlined in the proposal. The certificate of incorporation for other ’’Application for Federal Assistance,’’ budget should include proposed direct than public bodies; evidence of good and supporting information with the and indirect administrative costs, such standing from the State when the appropriate Rural Development State as personnel, fringe benefits, travel, corporation has been in existence 1 year Office. A pre-application package, equipment, supplies, contracts, and or more; and the names and addresses including SF–424, is available in any other cost categories, detailing those of the applicant’s members, directors Rural Development State Office. All costs for which the grantee proposes to and officers. If other organizations are preapplications shall be accompanied use the HPG grant separately from non- members of the applicant-organization, by the following information which HPG resources, if any. The applicant or the applicant is a consortium, pre- Rural Development will use to budget should also include a schedule applications should be accompanied by determine the applicant’s eligibility to (with amounts) of how the applicant the names, addresses, and principal undertake the HPG program and to proposes to draw HPG grant funds, i.e., purpose of the other organizations. If the evaluate the preapplication under the monthly, quarterly, lump sum for applicant is a consortium, project selection criteria of § 1944.679 of program activities, etc.; documentation showing compliance 7 CFR part 1944, subpart N. (10) A copy of a indirect cost proposal with paragraph (4)(ii) under the (a) A statement of activities proposed as required in 7 CFR parts 3015, 3016, definition of ‘‘organization’’ in by the applicant for its HPG program as and 3019, when the applicant has § 1944.656 of 7 CFR part 1944, subpart appropriate to the type of assistance the another source of federal funding in N must also be included. applicant is proposing, including: addition to the Rural Development HPG (d) For a private non-profit entity, (1) A complete discussion of the type program; which may include, but not be limited of and conditions for financial (11) A brief description of the to, faith-based and community assistance for housing preservation, accounting system to be used; organizations, the most recent audited including whether the request for (l2) The method of evaluation to be statement and a current financial assistance is for a homeowner assistance used by the applicant to determine the statement dated and signed by an program, a rental property assistance effectiveness of its program which authorized officer of the entity showing program, or a cooperative assistance encompasses the requirements for the amounts and specific nature of program; quarterly reports to Rural Development assets and liabilities together with (2) The process for selecting in accordance with § 1944.683(b) of 7 information on the repayment schedule recipients for HPG assistance, CFR part 1944, subpart N and the and status of any debt(s) owed by the determining housing preservation needs monitoring plan for rental properties applicant. of the dwelling, performing the and cooperatives (when applicable) (e) A brief narrative statement which necessary work, and monitoring/ according to § 1944.689 of 7 CFR part includes information about the area to inspecting work performed; be served and the need for improved (3) A description of the process for 1944, subpart N; housing (including both percentage and identifying potential environmental (13) The source and estimated amount impacts in accordance with § 1944.672 of other financial resources to be the actual number of both low-income of 7 CFR part 1944, subpart N, and the obtained and used by the applicant for and low-income minority households provisions for compliance with both HPG activities and housing and substandard housing), the need for Stipulation I, A–G of the Programmatic development and/or supporting the type of housing preservation Memorandum of Agreement, also activities; assistance being proposed, the known as PMOA, (RD Instruction 2000– (14) The use of program income, if anticipated use of HPG resources for FF, available in any Rural Development any, and the tracking system used for historic properties, the method of State Office) in accordance with monitoring same; evaluation to be used by the applicant § 1944.673(b) of 7 CFR part 1944, (15) The applicant’s plan for in determining the effectiveness of its subpart N; disposition of any security instruments efforts. (4) The development standard(s) the held by them as a result of its HPG (f) Applicant must submit an original applicant will use for the housing activities in the event of its loss of legal and one copy of Form RD 1940–20, preservation work; and, if not the Rural status; ‘‘Request for Environmental Development standards for existing (16) Any other information necessary Information,’’ prepared in accordance dwellings, the evidence of its to explain the proposed HPG program; with Exhibit F–1 of RD Instruction acceptance by the jurisdiction where the and 1944–N (available in any Rural grant will be implemented; (17) The outreach efforts outlined in Development State Office). (5) The time schedule for completing § 1944.671(b) of 7 CFR part 1944, (g) Applicant must also submit a the program; subpart N. description of its process for: (6) The staffing required to complete (b) Complete information about the (1) Identifying and rehabilitating the program; applicant’s experience and capacity to properties listed on or eligible for listing (7) The estimated number of very low- carry out the objectives of the proposed on the National Register of Historic and low-income minority and HPG program. Places;
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(2) Identifying properties that are for households with very low- and low- and low-income persons obtain housing located in a floodplain or wetland; income. assistance: 10 points. (3) Identifying properties located (c) Being an eligible applicant as (3) If the organization has within the Coastal Barrier Resources defined in § 1944.658 of 7 CFR part administered grant programs, there are System; and 1944, subpart N. no outstanding or unresolved audit or (4) Coordinating with other public (d) Meeting the requirements of investigative findings which might and private organizations and programs consultation and public comment in impair carrying out the proposal: 10 that provide assistance in the accordance with § 1944.674 of 7 CFR points. rehabilitation of historic properties part 1944, subpart N. (d) The proposed program will be (Stipulation I, D, of the PMOA, RD (e) Submitting a complete undertaken entirely in rural areas Instruction 2000–FF, available in any preapplication as outlined in § 1944.676 outside Metropolitan Statistical Areas, Rural Development State Office). of 7 CFR part 1944, subpart N. also known as MSAs, identified by (h) The applicant must also submit For applicants meeting all of the Rural Development as having evidence of the State Historic requirements listed above, the Rural populations below 10,000 or in remote Preservation Office’s, also known as Development State Offices will use parts of other rural areas (i.e., rural areas SHPO, concurrence in the proposal, or weighted criteria in accordance with 7 contained in MSAs with less than 5,000 in the event of nonconcurrence, a copy CFR part 1944, subpart N as selection population) as defined in § 1944.656 of of SHPO’s comments together with for the grant recipients. Each 7 CFR part 1944, subpart N: 10 points. evidence that the applicant has received preapplication and its accompanying (e) The program will use less than 20 the Advisory Council on Historic statement of activities will be evaluated percent of HPG funds for administration Preservation’s advice as to how the and, based solely on the information purposes: disagreement might be resolved, and a contained in the preapplication, the (1) More than 20%: Not eligible copy of any advice provided by the applicant’s proposal will be numerically (2) 20%: 0 points Council. rated on each criteria within the range (3) 19%: 1 point (i) The applicant must submit written provided. The highest-ranking (4) 18%: 2 points statements and related correspondence applicant(s) will be selected based on (5) 17%: 3 points reflecting compliance with § 1944.674(a) allocation of funds available to the state. (6) 16%: 4 points and (c) of 7 CFR part 1944, subpart N (a) Points are awarded based on the (7) 15% or less: 5 points regarding consultation with local percentage of very low-income persons (f) The proposed program contains a government leaders in the preparation that the applicant proposes to assist, component for alleviating overcrowding of its program and the consultation with using the following scale: as defined in § 1944.656 of 7 CFR part local and state government pursuant to (1) More than 80%: 20 points 1944, subpart N: 5 points. the provisions of Executive Order (2) 61% to 80%: 15 points (g) The proposal contains a 12372. (3) 41% to 60%: 10 points component for improving the energy (j) The applicant is to make its (4) 20% to 40%: 5 points efficiency of units rehabilitated. Points statement of activities available to the (5) Less than 20%: 0 points will be awarded based on the percentage public for comment prior to submission (b) The applicant’s proposal may be cost related to energy efficiency to total to Rural Development pursuant to expected to result in the following cost of unit preservation (excluding § 1944.674(b) of 7 CFR part 1944, percentage of HPG fund use (excluding administrative costs). Energy efficiency subpart N. The application must contain administrative costs) to total cost of unit items include ENERGY STAR a description of how the comments (if preservation. This percentage reflects compliance, more efficient heating, any were received) were addressed. maximum repair or rehabilitation with ventilation and air conditioning (HVAC) (k) The applicant must submit an the least possible HPG funds due to equipment, more efficient windows, original and one copy of Form RD 400– leveraging, innovative financial additional attic insulation, and using 1, ‘‘Equal Opportunity Agreement,’’ and assistance, owner’s contribution or other green renewable materials. Form RD 400–4, ‘‘Assurance specified approaches. Points are (1) 25 to 100%: 20 points Agreement,’’ in accordance with awarded based on the following (2) 15 to 25%: 10 points § 1944.676 of 7 CFR part 1944, subpart percentage of HPG funds (excluding (3) 10 to 15%: 5 points N. administrative costs) to total funds: (h) Applicants requesting grants to be Applicants should review 7 CFR part (1) 50% or less: 20 points used to repair and or rehabilitate 1944, subpart N for a comprehensive list (2) 51% to 65%: 15 points Section 515 Rural Rental Housing: 5 of all application requirements. (3) 66% to 80%: 10 points points. (4) 81% to 95%: 5 points In the event more than one VI. Selection Criteria (5) 96% to 100%: 0 points preapplication receives the same The Rural Development State Offices (c) The applicant has demonstrated its amount of points, those preapplications will utilize the following project administrative capacity in assisting very will then be ranked based on the actual selection criteria for applicants in low- and low-income persons to obtain percentage figure used for determining accordance with § 1944.679 of 7 CFR adequate housing based on the the points. Further, in the event that part 1944, subpart N: following: preapplications are still tied, then those (a) Providing a financially feasible (1) The organization or a member of preapplications still tied will be ranked program of housing preservation its staff has at least one or more years based on the percentage for HPG fund assistance. ‘‘Financially feasible’’ is experience successfully managing and use (low to high). Further, for defined as proposed assistance which operating a rehabilitation or applications where assistance to rental will be affordable to the intended weatherization type program: 10 points. properties or cooperatives is proposed, recipient or result in affordable housing (2) The organization or a member of those still tied will be further ranked for very low- and low-income persons. its staff has at least one or more years based on the number of years the units (b) Serving eligible rural areas with a experience successfully managing and are available for occupancy under the concentration of substandard housing operating a program assisting very low- program (a minimum of 5 years is
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required). For this part, ranking will be Abstract: The primary objective of the Council, will bring perspectives from based from most to least number of National Agricultural Statistics Service the NSC. years. is to prepare and issue State and The primary focus of the meeting will Finally, if there is still a tie, then a national estimates of crop and livestock be on monitoring and evaluation. There lottery system will be used. production, disposition, and prices. The will be two panel discussions on this VII. Non-Discrimination Statement 2007 Census of Agriculture survey was topic. conducted as a one time only survey to USDA prohibits discrimination in all gather comprehensive agricultural Panel Discussion 1—Current efforts in its programs and activities on the basis information. The Census of Agriculture evaluations at USAID. of race, color, national origin, age, is conducted once every five years. A Panel Discussion 2—Best Practices in disability, and where applicable, sex, Paperwork Reduction Act packet will be Evaluations from Various USAID marital status, familial status, parental submitted to the Office of Management Stakeholders. status, religion, sexual orientation, and Budget (OMB) for renewal in time The meeting is free and open to the genetic information, political beliefs, for the 2012 Census of Agriculture. public. Persons wishing to attend the reprisal, or because all or part of an Several follow-on census surveys will meeting can register online at http:// individual’s income is derived from any be conducted under independent OMB www.usaid.gov/about_usaid/acvfa or public assistance program. (Not all Control Numbers. NASS will suspend with Deborah Lewis at [email protected] prohibited bases apply to all programs.) this information collection (2007 Census or 202–712–0936. Persons with disabilities who require of Agriculture) as of May 11, 2009 due alternative means for communication of to the completion of the survey. Dated: April 29, 2009. program information (Braille, large Authority: These data were collected Deborah Lewis, print, audiotape, etc.) should contact under authority of 7 U.S.C. 2204g. Office of the Chief Operating Officer, U.S. USDA’s TARGET Center at (202) 720– Individually identifiable data collected Agency for International Development. 2600 (voice and TDD). To file a under this authority are governed by [FR Doc. E9–10944 Filed 5–8–09; 8:45 am] complaint of discrimination, write to Section 1770 of the Food Security Act BILLING CODE P USDA, Director, Office of Civil Rights, of 1985 as amended, 7 U.S.C. 2276, 1400 Independence Avenue, SW., which requires USDA to afford strict Washington, DC 20250–9410, or call confidentiality to non-aggregated data (800) 795–3272 (voice), (202) 720–6382 provided by respondents. BROADCASTING BOARD OF (TDD). ‘‘USDA is an equal opportunity Estimate of Burden: There will be no GOVERNORS provider, employer, and lender.’’ further public reporting burden for this Sunshine Act Meeting Dated: May 1, 2009. collection of information. James C. Alsop, Signed at Washington, DC, April 29, 2009. DATE AND TIME: Tuesday, May 12, 2009, Acting Administrator, Rural Housing Service. Joseph T. Reilly, 3 p.m.–4 p.m. (Prague Time); 9 a.m.–10 [FR Doc. E9–10645 Filed 5–8–09; 8:45 am] Associate Administrator. a.m. ET. BILLING CODE 3410–XV–P [FR Doc. E9–10832 Filed 5–8–09; 8:45 am] BILLING CODE 3410–20–P PLACE: Radio Free Europe/Radio Liberty, Editorial Room (4–34), Prague, DEPARTMENT OF AGRICULTURE Czech Republic. AGENCY FOR INTERNATIONAL National Agricultural Statistics Service CLOSED MEETING: The members of the DEVELOPMENT Broadcasting Board of Governors (BBG) Notice of Intent To Suspend the will meet in closed session to review Notice of Meeting Census of Agriculture Survey and discuss a number of issues relating Pursuant to the Federal Advisory to U.S. Government-funded non- AGENCY: National Agricultural Statistics Committee Act, notice is hereby given of military international broadcasting. Service, USDA. a meeting of the Advisory Committee on They will address internal procedural, ACTION: Notice of suspension of data Voluntary Foreign Aid (ACVFA). budgetary, and personnel issues, as well collection. Date: Tuesday, June 9, 2009 (9 a.m. to as sensitive foreign policy issues SUMMARY: This notice announces the 3 p.m., times may be adjusted). relating to potential options in the U.S. intention of the National Agricultural Location: Jack Morton Auditorium, international broadcasting field. This Statistics Service (NASS) to suspend a Media and Public Affairs Building, meeting is closed because if open it currently approved information George Washington University, 805 21st likely would either disclose matters that collection, the 2007 Census of Street, NW., Washington, DC 20052. would be properly classified to be kept Please note that this is the anticipated Agriculture. secret in the interest of foreign policy agenda and is subject to change. under the appropriate executive order (5 FOR FURTHER INFORMATION CONTACT: Keynote U.S.C. 552b.(c)(1)) or would disclose Joseph T. Reilly, Associate information the premature disclosure of Administrator, National Agricultural The Administrator-designate, or if which would be likely to significantly Statistics Service, U.S. Department of there is not yet a designated nominee, frustrate implementation of a proposed Agriculture, (202) 720–4333. the Acting Administrator, Alonzo agency action. (5 U.S.C. 552b.(c)(9)(B)) SUPPLEMENTARY INFORMATION: Fulgham, will present an update from In addition, part of the discussion will Title: 2007 Census of Agriculture. the front office of USAID on the current relate solely to the internal personnel OMB Control Number: 0535–0226. initiatives underway at USAID. and organizational issues of the BBG or Expiration Date of Approval: July 31, Keynote the International Broadcasting Bureau. 2009. (5 U.S.C. 552b.(c)(2) and (6)) Type of Request: To suspend a Gayle Smith, Senior Director for currently approved information Reconstruction, Stabilization, and FOR MORE INFORMATION CONTACT: Persons collection. Development at the National Security interested in obtaining more
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information should contact Timi DEPARTMENT OF COMMERCE of the functions of the agency, including Nickerson Kenealy at (202) 203–4545. whether the information shall have Bureau of Industry and Security practical utility; (b) the accuracy of the Timi Nickerson Kenealy, agency’s estimate of the burden Acting Legal Counsel. Proposed Information Collection; (including hours and cost) of the [FR Doc. E9–11062 Filed 5–7–09; 4:15 pm] Comment Request; Unprocessed proposed collection of information; (c) BILLING CODE 8610–01–P Western Red Cedar ways to enhance the quality, utility, and AGENCY: Bureau of Industry and clarity of the information to be Security, Department of Commerce. collected; and (d) ways to minimize the COMMISSION ON CIVIL RIGHTS burden of the collection of information ACTION: Notice. on respondents, including through the Agenda and Notice of Public Meeting use of automated collection techniques of the Rhode Island Advisory SUMMARY: The Department of or other forms of information Committee Commerce, as part of its continuing effort to reduce paperwork and technology. Notice is hereby given, pursuant to respondent burden, invites the general Comments submitted in response to the provisions of the rules and public and other Federal agencies to this notice will be summarized and/or regulations of the U.S. Commission on take this opportunity to comment on included in the request for OMB Civil Rights and the Federal Advisory proposed and/or continuing information approval of this information collection; Committee Act, that a planning meeting collections, as required by the they also will become a matter of public and briefing meeting of the Rhode Paperwork Reduction Act of 1995. record. Island Advisory Committee will DATES: Written comments must be Dated: May 5, 2009. convene at 11 a.m. on Wednesday, May submitted on or before July 10, 2009. Gwellnar Banks, 27, 2009, at the University of Rhode ADDRESSES: Direct all written comments Management Analyst, Office of the Chief Island, Feinstein Campus, 80 to Diana Hynek, Departmental Information Officer. Washington Street, Providence, Rhode Paperwork Clearance Officer, [FR Doc. E9–10817 Filed 5–8–09; 8:45 am] Island. The purpose of the planning Department of Commerce, Room 7845, BILLING–CODE–P meeting is for the Committee to discuss 14th and Constitution Avenue, NW., its June briefing. The purpose of the Washington, DC 20230 (or via the briefing meeting is to meet with the Internet at [email protected]). DEPARTMENT OF COMMERCE Rhode Island Roundtable to discuss the FOR FURTHER INFORMATION CONTACT: recently released ‘‘Strategic Plan’’ International Trade Administration issued by the Rhode Island Police Requests for additional information or Chiefs. copies of the information collection [A–533–843] Members of the public are entitled to instrument and instructions should be Certain Lined Paper Products From submit written comments. The address directed to Larry Hall, BIS ICB Liaison, India: Notice of Partial Rescission of is U.S. Commission on Civil Rights, (202) 482–4895, [email protected]. Antidumping Duty Administrative Eastern Regional Office, 624 Ninth SUPPLEMENTARY INFORMATION: Review and Extension of Time Limit for Street, NW., Suite 740, Washington, DC I. Abstract the Preliminary Results of 20425. Persons wishing to e-mail their Antidumping Duty Administrative comments, present their comments at This collection of information is Review the meeting, or who desire additional needed to enforce section 7(i) of the information should contact Alfreda Export Administration Act’s prohibition AGENCY: Import Administration, Greene, Secretary, at 202–376–7533 or against the export of western red cedar International Trade Administration, by e-mail to: [email protected]. logs harvested from State or Federal Department of Commerce. Hearing-impaired persons who will lands. DATES: Effective Date: May 11, 2009. attend the meeting and require the II. Method of Collection FOR FURTHER INFORMATION CONTACT: services of a sign language interpreter George McMahon or Stephanie Moore, should contact the Regional Office at Submitted electronically or in paper AD/CVD Operations, Office 3, Import least ten (10) working days before the form. Administration, International Trade scheduled date of the meeting. III. Data Records generated from this meeting Administration, U.S. Department of may be inspected and reproduced at the OMB Control Number: 0694–0025. Commerce, 14th Street and Constitution Eastern Regional Office, as they become Form Number(s): None. Avenue, NW., Washington, DC 20230; available, both before and after the Type of Review: Regular submission. telephone: (202) 482–1167 or (202) 482– meeting. Persons interested in the work Affected Public: Business or other for- 3692, respectively. of this advisory committee are advised profit organizations. SUPPLEMENTARY INFORMATION: Estimated Number of Respondents: to go to the Commission’s Web site, Background http://www.usccr.gov, or to contact the 35. On September 2, 2008, the Eastern Regional Office at the above e- Estimated Time per Response: 30 to Department of Commerce (the mail or street address. 105 minutes. The meeting will be conducted Estimated Total Annual Burden Department) published a notice of pursuant to the rules and regulations of Hours: 35. opportunity to request an administrative the Commission and FACA. Estimated Total Annual Cost to review of the antidumping duty order Public: $0. on certain lined paper products (CLPP) Dated in Washington, DC, May 6, 2009. from India. See Antidumping or Christopher Byrnes, IV. Request for Comments Countervailing Duty Order, Finding, or Chief, Regional Programs Coordination Unit. Comments are invited on: (a) Whether Suspended Investigation; Opportunity [FR Doc. E9–10946 Filed 5–8–09; 8:45 am] the proposed collection of information To Request Administrative Review, 73 BILLING CODE P is necessary for the proper performance FR 51272 (September 2, 2008). Pursuant
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to requests from interested parties,1 the scope definition, the actual use of or • Three-ring or multiple-ring binders, Department published in the Federal labeling these products as school or notebook organizers incorporating Register the notice of initiation of this supplies or non-school supplies is not a such a ring binder provided that they do antidumping duty administrative review defining characteristic) composed of or not include subject paper; with respect to 25 companies, including including paper that incorporates • Index cards; Kejriwal Paper Limited (Kejriwal) for straight horizontal and/or vertical lines • Printed books and other books that the period September 1, 2007, through on ten or more paper sheets (there shall are case bound through the inclusion of August 30, 2008. See Initiation of be no minimum page requirement for binders board, a spine strip, and cover Antidumping and Countervailing Duty loose leaf filler paper) including but not wrap; Administrative Reviews and Deferral of limited to such products as single- and • Newspapers; Administrative Review, 73 FR 64305 multi-subject notebooks, composition • Pictures and photographs; • (October 29, 2008) (Notice of books, wireless notebooks, loose leaf or Desk and wall calendars and Initiation).2 On November 25, 2008, the glued filler paper, graph paper, and organizers (including but not limited to Department selected Kejriwal and Blue laboratory notebooks, and with the such products generally known as Bird India Ltd. (Blue Bird) as companies smaller dimension of the paper ‘‘office planners,’’ ‘‘time books,’’ and to be individually examined in the measuring 6 inches to 15 inches ‘‘appointment books’’); (inclusive) and the larger dimension of • Telephone logs; second administrative review of the • the paper measuring 83⁄4 inches to 15 Address books; antidumping duty order on CLPP from • India. See memorandum to Melissa inches (inclusive). Page dimensions are Columnar pads & tablets, with or Skinner from George McMahon titled measured size (not advertised, stated, or without covers, primarily suited for the ‘‘Certain Lined Paper Products from ‘‘tear-out’’ size), and are measured as recording of written numerical business India: Selection of Respondents for they appear in the product (i.e., stitched data; • Lined business or office forms, Individual Review,’’ dated November and folded pages in a notebook are including but not limited to: Pre-printed 25, 2008. On December 22, 2008, both measured by the size of the page as it business forms, lined invoice pads and Kejriwal and the Association timely appears in the notebook page, not the paper, mailing and address labels, withdrew their requests for review of size of the unfolded paper). However, for measurement purposes, pages with manifests, and shipping log books; Kejriwal. On January 9, 2009, after we • tapered or rounded edges shall be Lined continuous computer paper; determined that we would rescind the • Boxed or packaged writing review with respect to Kejriwal, we measured at their longest and widest points. Subject lined paper products stationery (including but not limited to selected Navneet as a mandatory products commonly known as ‘‘fine respondent. may be loose, packaged or bound using any binding method (other than case business paper,’’ ‘‘parchment paper,’’ Scope of the Order bound through the inclusion of binders and ‘‘letterhead’’), whether or not The scope of this order includes board, a spine strip, and cover wrap). containing a lined header or decorative Subject merchandise may or may not lines; certain lined paper products, typically • school supplies (for purposes of this contain any combination of a front Stenographic pads (‘‘steno pads’’), cover, a rear cover, and/or backing of Gregg ruled (‘‘Gregg ruling’’ consists of 1 On September 29, 2008, the Department any composition, regardless of the a single- or double-margin vertical received a timely request for an administrative inclusion of images or graphics on the ruling line down the center of the page. review filed on behalf of Kejriwal Paper Limited cover, backing, or paper. Subject For a six-inch by nine-inch stenographic and a timely request for an administrative review pad, the ruling would be located filed on behalf of Navneet Publications (India) merchandise is within the scope of this Limited (Navneet). On September 30, 2008, the order whether or not the lined paper approximately three inches from the left Department received timely requests for an and/or cover are hole punched, drilled, of the book), measuring 6 inches by 9 administrative review of the following 25 perforated, and/or reinforced. Subject inches; companies, filed on behalf of the Association of Also excluded from the scope of this American School Paper Suppliers (the Association), merchandise may contain accessory or a domestic interested party: Agility Logistics Pvt. informational items including but not order are the following trademarked Ltd., Blue Bird India Ltd., Ceal Shipping Logistics limited to pockets, tabs, dividers, products: • TM Pvt. Ltd., Cello International Pvt. Ltd., Corporate closure devices, index cards, stencils, Fly lined paper products: A Stationary Pvt. Ltd., Creative Divya, Exel India Pvt. protractors, writing implements, notebook, notebook organizer, loose or Ltd., FFI International, Global Art India Inc., glued note paper, with papers that are International Greetings Pvt. Ltd., Karim General reference materials such as Handmade Paper DIAR, Kejriwal Exports, M/S mathematical tables, or printed items printed with infrared reflective inks and Super ImpEx., Magic International, Marigold ExIm such as sticker sheets or miniature readable only by a FlyTM pen-top Pvt. Ltd., Marisa International, Navneet calendars, if such items are physically computer. The product must bear the Publications (India) Ltd., Pentagon Waterlines Pvt. valid trademark FlyTM (products found Ltd., Pioneer Stationery Pvt. Ltd., Rajvansh incorporated, included with, or attached International, Riddhi Enterprises, SAB to the product, cover and/or backing to be bearing an invalidly licensed or International, TKS Overseas, Unlimited Accessories thereto. used trademark are not excluded from Worldwide, and V. Joshi Co. Specifically excluded from the scope the scope). 2 See also Initiation of Antidumping and of this order are: • ZwipesTM: A notebook or notebook Countervailing Duty Administrative Reviews, 73 FR • Unlined copy machine paper; organizer made with a blended 70964 (November 24, 2008) at footnote 1, in which • the Department states, ‘‘{w}e note that the Writing pads with a backing polyolefin writing surface as the cover Department erred by inadvertently including the (including but not limited to products and pocket surfaces of the notebook, manufacturer/exporter name: ‘‘Ria ImpEx Pvt. Ltd.’’ commonly known as ‘‘tablets,’’ ‘‘note suitable for writing using a specially- in the prior initiation notice under case number A– 533–843 for the period of review: 9/1/07–8/31/08. pads,’’ ‘‘legal pads,’’ and ‘‘quadrille developed permanent marker and erase TM See 73 FR 64305 (October 29, 2008). The pads’’), provided that they do not have system (known as a Zwipes pen). Department did not receive a timely request to a front cover (whether permanent or This system allows the marker portion review Ria ImpEx Pvt. Ltd. for case number A–533– removable). This exclusion does not to mark the writing surface with a 843, therefore, the Department retracts its initiation of an administrative review of the antidumping apply to such writing pads if they permanent ink. The eraser portion of the order with respect to Ria ImpEx Pvt. Ltd. for the consist of hole-punched or drilled filler marker dispenses a solvent capable of period of review 9/1/07–8/31/08.’’ paper; solubilizing the permanent ink allowing
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the ink to be removed. The product ring within the fixture is comprised of Partial Rescission of the 2007–2008 must bear the valid trademark ZwipesTM a flexible strap portion that snaps into Administrative Review (products found to be bearing an a stationary post which forms a closed invalidly licensed or used trademark are binding ring. The ring fixture is riveted On December 22, 2008, the not excluded from the scope). with six metal rivets and sewn to the Association withdrew its request for ® • FiveStar AdvanceTM: A notebook back plastic cover and is specifically review of Kejriwal, and Kejriwal or notebook organizer bound by a positioned on the outside back cover. notified the Department that it was also continuous spiral, or helical, wire and The product must bear the valid withdrawing its request for review. In with plastic front and rear covers made trademark FiveStar FlexTM (products accordance with 19 CFR 351.213(d)(1) of a blended polyolefin plastic material found to be bearing an invalidly the Department will rescind an joined by 300 denier polyester, coated licensed or used trademark are not administrative review ‘‘if a party that on the backside with PVC (poly vinyl excluded from the scope). requested the review withdraws the chloride) coating, and extending the request within 90 days of the date of entire length of the spiral or helical Merchandise subject to this order is typically imported under headings publication of notice of initiation of the wire. The polyolefin plastic covers are requested review.’’ The instant review of specific thickness; front cover is 4820.10.2050, 4810.22.5044, was initiated on October 29, 2008. See 0.019 inches (within normal 4811.90.9050, 4811.90.9090, Initiation Notice. Therefore, the manufacturing tolerances) and rear 4820.10.2010, 4820.10.2020, and cover is 0.028 inches (within normal 4820.10.4000 of the Harmonized Tariff deadline to withdraw review requests manufacturing tolerances). Integral with Schedule of the United States (HTSUS). was January 27, 2009. The Association the stitching that attaches the polyester The HTSUS headings are provided for and Kejriwal’s withdrawals of request spine covering, is captured both ends of convenience and customs purposes; for review fall within the deadline for a 1″ wide elastic fabric band. This band however, the written description of the rescission by the Department. Therefore, is located 23⁄8″ from the top of the front scope of the order is dispositive. in accordance with 19 CFR plastic cover and provides pen or pencil 351.213(d)(1), and consistent with our storage. Both ends of the spiral wire are Extension of Time Limit of Preliminary practice, we are rescinding this review cut and then bent backwards to overlap Results with respect to Kejriwal. See, e.g., Brass with the previous coil but specifically The preliminary results of this review Sheet and Strip from Germany: Notice outside the coil diameter but inside the are currently due no later than June 2, of Rescission of Antidumping Duty polyester covering. During construction, 2009. Section 751(a)(3)(A) of the Tariff Administrative Review, 73 FR 49170 the polyester covering is sewn to the Act of 1930, as amended (the Act), (August 20, 2008). front and rear covers face to face requires the Department to make a (outside to outside) so that when the Assessment book is closed, the stitching is preliminary determination in an The Department will instruct U.S. concealed from the outside. Both free administrative review within 245 days ends (the ends not sewn to the cover after the last day of the anniversary Customs and Border Protection (‘‘CBP’’) and back) are stitched with a turned month of an order or finding for which to assess antidumping duties on all edge construction. The flexible a review is requested. Consistent with appropriate entries. For the company for polyester material forms a covering over section 751(a)(3)(A) of the Act, the which this review is rescinded, the spiral wire to protect it and provide Department may extend the 245-day antidumping duties shall be assessed at a comfortable grip on the product. The period to 365 days if it is not practicable rates equal to the cash deposit of product must bear the valid trademarks to complete the review within a 245-day estimated antidumping duties required FiveStar®AdvanceTM (products found to period. at the time of entry, or withdrawal from be bearing an invalidly licensed or used We determine that completion of the warehouse, for consumption, in trademark are not excluded from the preliminary results of this review within accordance with 19 CFR scope). the 245-day period is not practicable. 351.212(c)(1)(i). Because an injunction • TM FiveStar Flex : A notebook, a Specifically, after Kejriwal timely is in effect for entries from Kejriwal notebook organizer, or binder with withdrew from the administrative entered on or after April 17, 2006, the plastic polyolefin front and rear covers review, the Department selected Department will issue appropriate joined by 300 denier polyester spine Navneet as a mandatory respondent and assessment instructions directly to CBP cover extending the entire length of the on January 9, 2009, issued a when the injunction is lifted. spine and bound by a 3-ring plastic questionnaire to the company. See This notice is issued and published in fixture. The polyolefin plastic covers are Questionnaire to Navneet dated January of a specific thickness; front cover is accordance with sections 751(a)(1), 9, 2009. In addition, we need additional 751(a)(3)(A), and 777(i)(1) of the Act, 0.019 inches (within normal time to thoroughly consider the manufacturing tolerances) and rear and 19 CFR 351.213(d)(4). responses to the supplemental cover is 0.028 inches (within normal questionnaires the Department has sent Dated: May 5, 2009. manufacturing tolerances). During to Navneet. John M. Andersen, construction, the polyester covering is sewn to the front cover face to face Therefore, we are extending the time Acting Deputy Assistant Secretary for (outside to outside) so that when the period for issuing the preliminary Antidumping and Countervailing Duty book is closed, the stitching is results of review by 120 days to Operations. concealed from the outside. During September 30, 2009, in accordance with [FR Doc. E9–10960 Filed 5–8–09; 8:45 am] construction, the polyester cover is section 751(a)(3)(A) of the Act and 19 BILLING CODE 3510–DS–P sewn to the back cover with the outside CFR § 351.213(h)(2). Therefore, the of the polyester spine cover to the inside preliminary results are now due no later back cover. Both free ends (the ends not than September 30, 2009. The final sewn to the cover and back) are stitched results continue to be due 120 days after with a turned edge construction. Each publication of the preliminary results.
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DEPARTMENT OF COMMERCE Special Accommodations Impact Statement (DEIS). Amendment This meeting is physically accessible 16 adjusts management measures as National Oceanic and Atmospheric to people with disabilities. Requests for necessary to continue rebuilding Administration sign language interpretation or other groundfish stocks. It includes measures auxiliary aids should be directed to Tina to implement Annual Catch Limits and RIN: 0648–XP07 O’Hern at the Council (see ADDRESSES) Accountability Measures, revised effort controls for the commercial fishery, Gulf of Mexico Fishery Management at least 5 working days prior to the meeting. changes to sector management policies, Council; Public Meeting measures for the recreational fishery, Dated: May 5, 2009. AGENCY: National Marine Fisheries and other changes to the management William D. Chappell, Service (NMFS), National Oceanic and program. The GAP will review the Atmospheric Administration (NOAA), Acting Director, Office of Sustainable amendment and will develop Fisheries, National Marine Fisheries Service. Commerce. recommendations for which measures [FR Doc. E9–10835 Filed 5–8–09; 8:45 am] the New England Fishery Management ACTION: Notice of public meeting. BILLING CODE 3510–22–S Council should choose, focusing on, but SUMMARY: The Gulf of Mexico Fishery not limited to, measures that affect the Management Council will convene a commercial groundfish industry. GAP DEPARTMENT OF COMMERCE public meeting of the Outreach and recommendations will be provided to the Groundfish Oversight Committee on Education Advisory Panel (AP). National Oceanic and Atmospheric June 17, 2009, and will be reported to DATES: The Outreach and Education AP Administration meeting is scheduled to begin at 1 p.m. the full Council at its meeting June 23 on Wednesday, May 27, 2009 and end RIN: 0648–XP10 25, 2009. by 5 p.m. on Thursday, May 28, 2009. New England Fishery Management 2. Wednesday, May 27, 2009, beginning ADDRESSES: The meeting will be held at Council; Public Meetings at 9 a.m. the Hilton, 2225 N. Lois Ave. Tampa, FL The Recreational Advisory Panel 33607. AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and (RAP) will meet to review Draft Council address: Gulf of Mexico Amendment 16 to the Northeast Fishery Management Council, 2203 N. Atmospheric Administration (NOAA), Commerce. Multispecies Fishery Management Plan Lois Avenue, Suite 1100, Tampa, FL (FMP) and the accompanying Draft ACTION: Notice of public meetings. 33607. Environmental Impact Statement (DEIS). FOR FURTHER INFORMATION CONTACT: SUMMARY: The New England Fishery Amendment 16 adjusts management Charlene Ponce, Public Information Management Council’s (Council) measures as necessary to continue Officer; telephone: (813) 348–1630. Groundfish Advisory Panel and rebuilding groundfish stocks. It includes SUPPLEMENTARY INFORMATION: During Recreational Advisory Panel will hold measures to implement Annual Catch this Advisory Panel meeting, the meetings to consider actions affecting Limits and Accountability Measures, Outreach and Education AP will hear a New England fisheries in the exclusive revised effort controls for the presentation by the Gulf of Maine economic zone (EEZ). commercial fishery, changes to sector Research Institute on its Marine DATES: The meetings will be held in management policies, measures for the Resource Education Program. The Panel May 2009. For specific dates and times, recreational fishery, and other changes will also review and prioritize its list of see SUPPLEMENTARY INFORMATION. to the management program. The RAP recommendations to the Council on ADDRESSES: The meetings will be held at will review the amendment and will improving outreach and education the Sheraton Colonial, One Audubon develop recommendations for which efforts, as well as develop a list of issues Road, Wakefield, MA 01880; telephone: measures the New England Fishery to consider and discuss during its next (781) 245–9300. For specific locations, Management Council should choose, meeting. The AP may develop see SUPPLEMENTARY INFORMATION. focusing on, but not limited to, recommendations to the Council Council address: New England measures that affect recreational regarding Outreach and Education. Fishery Management Council, 50 Water fishermen (including party/charter Although other non-emergency issues Street, Mill #2, Newburyport, MA vessel operators). GAP not on the agenda may come before the 01950. recommendations will be provided to Outreach and Education AP for the Groundfish Oversight Committee on FOR FURTHER INFORMATION CONTACT: Paul discussion, in accordance with the June 17, 2009, and will be reported to J. Howard, Executive Director, New Magnuson-Stevens Fishery the full Council at its meeting June 23 England Fishery Management Council; Conservation and Management Act 25, 2009. telephone: (978 ) 465–0492. (Magnuson-Stevens Act), those issues Although non-emergency issues not may not be the subject of formal action SUPPLEMENTARY INFORMATION: The contained in this agenda may come during these meetings. Actions of the panel’s schedule and agenda for the before these groups for discussion, those Outreach and Education AP will be following two meetings are as follows: issues may not be the subject of formal restricted to those issues specifically Council Meetings: Locations, Schedules, action during this meeting. Action will identified in the agenda and any issues and Agendas be restricted to those issues specifically arising after publication of this notice identified in this notice and any issues that require emergency action under 1. Tuesday, May 26, 2009, beginning at arising after publication of this notice Section 305(c) of the Magnuson-Stevens 9 a.m. that require emergency action under Act, provided the public has been The Groundfish Advisory Panel (GAP) section 305(c) of the Magnuson-Stevens notified of the Council’s intent to take will meet to review Draft Amendment Fishery Conservation and Management action to address the emergency. 16 to the Northeast Multispecies Fishery Act, provided the public has been Copies of the agenda can be obtained Management Plan (FMP) and the notified of the Council’s intent to take by calling (813) 348–1630. accompanying Draft Environmental final action to address the emergency.
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Special Accommodations FOR FURTHER INFORMATION CONTACT: Paul ACTION: Notice of public hearings. J. Howard, Executive Director, New These meetings are physically SUMMARY: The Gulf of Mexico Fishery accessible to people with disabilities. England Fishery Management Council; telephone: (978) 465–0492. Management Council (Council) will Requests for sign language convene public hearings on Reef Fish SUPPLEMENTARY INFORMATION: interpretation or other auxiliary aids The Amendment 31. should be directed to Paul J. Howard agendas for the following six hearings DATES: are as follows: New England Fishery The public hearings will be held (see ADDRESSES), at least 5 working days on May 26, 2009 through June 8, 2009 Management Council staff will brief the prior to the meeting date. at six locations throughout the Gulf of public on the herring amendments and Authority: 16 U.S.C. 1801 et seq. Mexico. For specific dates, times and the contents of the draft environmental subjects, see SUPPLEMENTARY Dated: May 5, 2009. impact statement (DEIS) prior to INFORMATION. William D. Chappell, opening the hearing for public Acting Director, Office of Sustainable comments and the schedules are as ADDRESSES: The public hearings will be Fisheries, National Marine Fisheries Service. follows: held in the following locations: Madeira [FR Doc. E9–10838 Filed 5–8–09; 8:45 am] Beach, Marathon and Panama City, FL, Public Hearings: Locations, Schedules, BILLING CODE 3510–22–S Biloxi, MS, LaMarque, TX, Galliano, LA. and Agendas For specific locations, SUPPLEMENTARY 1. Tuesday, May 26, 2009, from 5:30– INFORMATION. DEPARTMENT OF COMMERCE 9 p.m.; Sheraton Colonial, One Council address: Gulf of Mexico Audubon Road, Wakefield, MA 01880; Fishery Management Council, 2203 National Oceanic and Atmospheric telephone: (781) 245–9300. North Lois Avenue, Suite 1100, Tampa, Administration 2. Wednesday, May 27, 2009, from 6– FL 33607. RIN: 0648–XP09 9 p.m.; Sheraton Harborside, 250 Market FOR FURTHER INFORMATION CONTACT: Dr. Street, Portsmouth, NH 03801; Carrie Simmons, Fishery Biologist; Gulf New England Fishery Management telephone: (603) 431–2300. of Mexico Fishery Management Council; Council; Public Hearings 3. Thursday, May 28, 2009, from 5–8 telephone: (813) 348–1630. AGENCY: National Marine Fisheries p.m.; Holiday Inn By the Bay, 88 Spring SUPPLEMENTARY INFORMATION: The Gulf Service (NMFS), National Oceanic and Street, Portland, ME 04101; telephone: of Mexico Fishery Management Council Atmospheric Administration (NOAA), (207) 775–2311. (Council) has scheduled six public Commerce. 4. Monday, June 1, 2009, from 1–3:30 hearings on Amendment 31 to the Reef p.m.; Radisson, 35 Governor Winthrop ACTION: Notice of public hearings. Fish Fishery Management Plan (FMP) Blvd., New London, CT 06320; that addresses bycatch of hardshell sea SUMMARY: The New England Fishery telephone: (860) 443–7000. turtles in the Gulf of Mexico bottom Management Council (Council) will 5. Monday, June 1, 2009 from 6–9 longline reef fish fishery. The Council hold five public hearings to solicit p.m.; Holiday Inn, 3009 Tower Hill operates under mandates to minimize Public comments on Draft Amendment Road, So. Kingstown, RI 02674; bycatch to the extent practicable and to 16 to the Northeast Multispecies Fishery telephone: (401) 789–1051. protect endangered and threatened Management Plan (FMP). Special Accommodations species. National Standard 9 of the DATES: Written public comments must Magnuson-Stevens Fishery These meetings are physically be received on or before 5 p.m. EST, Conservation and Management Act accessible to people with disabilities. June 8, 2009. The meetings will be held (Magnuson-Stevens Act), requires that Requests for sign language in May and June, 2009. For specific conservation and management measures interpretation or other auxiliary aids dates and times, see SUPPLEMENTARY shall, to the extent practicable, (A) should be directed to Paul J. Howard INFORMATION. minimize bycatch and (B) to the extent (see ADDRESSES), at least 5 working days ADDRESSES: bycatch cannot be avoided, minimize The Public document can prior to the meeting date. be obtained by contacting the New the morality of such bycatch. The England Fishery Management Council, Authority: 16 U.S.C. 1801 et seq. bycatch reduction and monitoring 50 Water Street, Mill 2, Newburyport, Dated: May 5, 2009. requirements in the Magnuson-Stevens MA 01950. William D. Chappell, Act apply to a broad range of living Meeting addresses: The meetings will Acting Director, Office of Sustainable marine species, including sea turtles. be held in Wakefield, MA, Portsmouth, Fisheries, National Marine Fisheries Service. Observer data from the Southeast NH, Portland, ME, New London, CT, [FR Doc. E9–10837 Filed 5–8–09; 8:45 am] Fisheries Science Center (SEFSC) and So. Kingstown, RI. For specific indicated a high level of bycatch in the BILLING CODE 3510–22–S locations, see SUPPLEMENTARY bottom longline component of the INFORMATION. fishery, which exceed the anticipated Public comments: Mail to Patricia A. DEPARTMENT OF COMMERCE take in the 2005 Biological Opinion. In Kurkul, Regional Administrator, NMFS, September 2008, NMFS released an Northeast Regional Office,55 Great National Oceanic and Atmospheric observer report that examined sea turtle Republic Drive, Gloucester, MA 01930. Administration takes by the bottom longline reef fish Mark the outside of the envelope ‘‘DEIS fishery from July 2006 through 2007. In RIN: 0648–XP08 for Amendment 16 to the Northeast April 2009 an updated report from the Multispecies FMP’’. Comments may also Gulf of Mexico Fishery Management SEFSC was published with information be sent via fax to (978) 281–9207 or Council; Public Hearings collected in 2008 based on revised effort submitted via e-mail to and observer data. [email protected] with AGENCY: National Marine Fisheries The Council is considering a range of ‘‘DIES for Amendment 16 to the Service (NMFS), National Oceanic and actions and alternatives outlined in Northeast Multispecies FMP’’ in the Atmospheric Administration (NOAA), Public Hearing draft of Amendment 31 subject line. Commerce. to the Reef Fish FMP to mitigate
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hardshell sea turtle interactions with DEPARTMENT OF COMMERCE be restricted to those issues specifically bottom longline gear. The Council listed in this notice and any issues selected Preferred Actions and National Oceanic and Atmospheric arising after publication of this notice Alternatives at their April 2009 Council Administration that require emergency action under meeting. The public is encouraged to RIN: 0648–XP11 section 305(c) of the Magnuson-Stevens attend and provide suggestions and Act, provided the public has been input, which will be relayed back to the New England Fishery Management notified of the Council’s intent to take Council before final action. The Council Council; Public Meeting final action to address the emergency. is holding six public hearings at the AGENCY: National Marine Fisheries Special Accommodations following locations throughout the Gulf Service (NMFS), National Oceanic and This meeting is physically accessible coast. Atmospheric Administration (NOAA), to people with disabilities. Requests for These public hearings will begin at 6 Commerce. sign language interpretation or other p.m. and conclude at the end of public ACTION: Notice of a public meeting. auxiliary aids should be directed to Paul testimony or no later than 9 p.m. at the J. Howard, Executive Director, at (978) following location: SUMMARY: The New England Fishery 465–0492, at least 5 days prior to the • Management Council (Council) is meeting date. Tuesday, May 26, 2009, Travelodge, scheduling a public meeting of its 5201 Gulf Freeway, LaMarque, TX Monkfish Committee on May 27, 2009, Authority: 16 U.S.C. 1801 et seq. 77568, telephone: (409) 986–9777; to consider actions affecting New Dated: May 5, 2009. •Wednesday, May 27, 2009, Hilton England fisheries in the exclusive William D. Chappell, Garden Inn, 1101 US Highway 231, economic zone (EEZ). Acting Director, Office of Sustainable Panama City, FL 32405, telephone: (850) Recommendations from this group will Fisheries, National Marine Fisheries Service. 392–1093; be brought to the full Council for formal [FR Doc. E9–10839 Filed 5–8–09; 8:45 am] •Wednesday, May 27, 2009, South consideration and action, if appropriate. BILLING CODE 3510–22–S Lafourche Levee District, 17904 Hwy DATES: This meeting will be held on Wednesday, May 27, 2009, at 9 a.m. 3235, Galliano, LA 70354, telephone: DEPARTMENT OF COMMERCE (985) 632–7554; ADDRESSES: The meeting will be held at the Radisson Hotel Providence Airport, •Thursday, May 28, 2009, Wingate National Oceanic and Atmospheric 2081 Post Road, Warwick, RI 02886; Administration Inn, 12009 Indian River Road, Biloxi, telephone: (401) 739–3000; fax: (401) MS 39540, telephone: (228) 396–0036; 732–9309. RIN: 0648–XP14 •Monday, June 8, 2009, Banana Bay Council address: New England Resort, 4590 Overseas Highway, Fishery Management Council, 50 Water Pacific Fishery Management Council; Marathon, FL 33050, telephone: (305) Street, Mill 2, Newburyport, MA 01950. Public Meeting 743–3500. FOR FURTHER INFORMATION CONTACT: Paul AGENCY: National Marine Fisheries This public hearing will begin at 6:30 J. Howard, Executive Director, New Service (NMFS), National Oceanic and p.m. and conclude at the end of public England Fishery Management Council; Atmospheric Administration (NOAA), testimony or no later than 9:30 p.m. at telephone: (978) 465–0492. Commerce. the following location: SUPPLEMENTARY INFORMATION: The ACTION: Notice of a public meeting. Monkfish Committee will develop •Thursday, June 4, 2009, City of recommendations to the New England SUMMARY: The Pacific Fishery Madeira Beach, 300 Municipal Drive, and Mid-Atlantic Councils for measures Management Council’s (Council) Habitat Madeira Beach, FL 33708, telephone: to be considered in the Draft Committee (HC) will hold a meeting that (727) 391–9951. Environmental Impact Statement (DEIS) is open to the public. Copies of the Amendment can be for Amendment 5, including, but not DATES: The HC meeting will be held obtained by calling the Council office at limited to: biological and management Friday, June 5, 2008, from 8:30 a.m. (813) 348–1630. reference points; specifications of catch until business for the day is completed. target and management measures to ADDRESSES: The HC meeting will be Special Accommodations achieve the targets (DAS, trip limits and held at the RiverPlace Hotel, Eliot/ These hearings are physically other measures); modifications, Marquam Room, 1510 SW Harbor Way, Portland, OR 97201; telephone: (503) accessible to people with disabilities. additions or deletions to the management measures currently in the 228–3233. Requests for sign language Council address: Pacific Fishery interpretation or other auxiliary aids plan; and, if time allows, catch share programs (ITQs and/or sectors). The Management Council, 7700 NE should be directed to Tina O’Hern at the Advisory Panel will be meeting on June Ambassador Place, Suite 101, Portland, Council (see ADDRESSES) at least 5 2 and the Committee will meet again on OR 97220–1384. working days prior to the meeting. June 3 to finalize their FOR FURTHER INFORMATION CONTACT: Ms. Dated: May 5, 2009. recommendations which will be Jennifer Gilden, Habitat Coordinator; William D. Chappell, considered by the Mid-Atlantic Council telephone: (503) 820–2280. Acting Director, Office of Sustainable at their June 9–11 meeting and by the SUPPLEMENTARY INFORMATION: The Fisheries, National Marine Fisheries Service. New England Council at their June 23– purpose of the HC meeting is to discuss [FR Doc. E9–10836 Filed 5–8–09; 8:45 am] 25 meeting. habitat-related issues relevant to Although non-emergency issues not upcoming Council meetings. BILLING CODE 3510–22–S contained in this agenda may come Although non-emergency issues not before this group for discussion, those contained in this agenda may come issues may not be the subject of formal before this group for discussion, in action during this meeting. Action will accordance with the Magnuson-Stevens
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Fishery Conservation and Management Committee’s (SSC) recommendations ADDRESSES: The meeting will be held at Act (Magnuson-Stevens Act), those and staff analyses regarding proposed the Sheraton Ferncroft, 50 Ferncroft issues may not be the subject of formal specifications and related management Road, Danvers, MA 01923; telephone: action during this meeting. Actions will measures for the 2010 fishing year; and, (978) 777–2500; fax: (978) 750–7959. be restricted to those issues specifically to make recommendations to the Council address: New England identified in this notice and any issues Council’s Squid, Mackerel, and Fishery Management Council, 50 Water arising after publication of this notice Butterfish Committee relative to the Street, Mill 2, Newburyport, MA 01950. that require emergency action under 2010 quota specifications and other FOR FURTHER INFORMATION CONTACT: Paul Section 305(c) of the Magnuson-Stevens management measures. J. Howard, Executive Director, New Act, provided the public has been Although non-emergency issues not England Fishery Management Council; notified of the Council’s intent to take contained in this agenda may come telephone: (978) 465–0492. final action to address the emergency. before this group for discussion, in SUPPLEMENTARY INFORMATION: The accordance with the Magnuson-Stevens Special Accommodations Council’s Research Steering Committee Fishery Conservation and Management will meet to discuss funding processes, This meeting is physically accessible Act (Magnuson-Stevens Act), those priorities and opportunities for to people with disabilities. Requests for issues may not be the subject of formal cooperative research in New England. sign language interpretation or other action during this meeting. Actions will Planning for new initiatives may be auxiliary aids should be directed to Ms. be restricted to those issues specifically discussed as well as practical elements Carolyn Porter at (503) 820–2280 at least identified in this notice and any issues such as institutional collaboration, 5 days prior to the meeting date. arising after publication of this notice funding mechanisms and participation Dated: May 5, 2009. that require emergency action under in research projects. Section 305(c) of the Magnuson-Stevens William D. Chappell, Although non-emergency issues not Act, provided the public has been Acting Director, Office of Sustainable contained in this agenda may come notified of the Council’s intent to take before this group for discussion, those Fisheries, National Marine Fisheries Service. final action to address the emergency. [FR Doc. E9–10842 Filed 5–8–09; 8:45 am] issues may not be the subject of formal action during this meeting. Action will BILLING CODE 3510–22–S Special Accommodations be restricted to those issues specifically The meeting is physically accessible listed in this notice and any issues to people with disabilities. Requests for arising after publication of this notice DEPARTMENT OF COMMERCE sign language interpretation or other that require emergency action under auxiliary aids should be directed to M. National Oceanic and Atmospheric section 305(c) of the Magnuson-Stevens Jan Bryan at the Mid-Atlantic Council Administration Act, provided the public has been Office, (302) 674–2331 extension 18, at notified of the Council’s intent to take RIN: 0648–XP13 least 5 days prior to the meeting date. final action to address the emergency. Dated: May 5, 2009. Mid-Atlantic Fishery Management Special Accommodations Council; Public Meeting William D. Chappell, Acting Director, Office of Sustainable This meeting is physically accessible AGENCY: National Marine Fisheries Fisheries, National Marine Fisheries Service. to people with disabilities. Requests for Service (NMFS), National Oceanic and [FR Doc. E9–10841 Filed 5–8–09; 8:45 am] sign language interpretation or other Atmospheric Administration (NOAA), BILLING CODE 3510–22–S auxiliary aids should be directed to Paul Commerce. J. Howard, Executive Director, at (978) ACTION: Notice of public meeting. 465–0492, at least 5 days prior to the DEPARTMENT OF COMMERCE meeting date. SUMMARY: The Mid-Atlantic Council’s Authority: 16 U.S.C. 1801 et seq. (Council) Squid, Mackerel, and National Oceanic and Atmospheric Butterfish Monitoring Committee will Administration Dated: May 5, 2009. William D. Chappell, hold a public meeting. RIN: 0648–XP12 DATES: The meeting will be held on Acting Director, Office of Sustainable Wednesday, May 27, 2009; from 10 a.m. New England Fishery Management Fisheries, National Marine Fisheries Service. to 2 p.m. Council; Public Meeting [FR Doc. E9–10840 Filed 5–8–09; 8:45 am] ADDRESSES: The meeting will be held at BILLING CODE 3510–22–S AGENCY: National Marine Fisheries the Mid-Atlantic Fishery Council Service (NMFS), National Oceanic and Management Council’s office, Room Atmospheric Administration (NOAA), DEPARTMENT OF COMMERCE 2115, Frear Federal Building; 300 S. Commerce. New Street; Dover, DE 19904; telephone: ACTION: Notice of a public meeting. National Oceanic and Atmospheric (302) 674–2331. Administration FOR FURTHER INFORMATION CONTACT: SUMMARY: The New England Fishery Daniel T. Furlong, Executive Director, Management Council (Council) is Notice of Web Site Publication Mid-Atlantic Fishery Management scheduling a public meeting of its AGENCY: Office of Oceanic and Council, 300 S. New Street, Room 2115, Research Steering Committee Atmospheric Research (OAR), National Dover, DE 19904; telephone: (302) 674– (Committee), in May, 2009, to consider Oceanic and Atmospheric 2331, extension 19. actions affecting New England fisheries Administration (NOAA), Commerce SUPPLEMENTARY INFORMATION: The in the exclusive economic zone (EEZ). (DOC). Recommendations from this group will purposes of this meeting are: to examine ACTION: Notice of Web site publication. the biology, fisheries, and current stock be brought to the full Council for formal status for Atlantic mackerel, Loligo and consideration and action, if appropriate. SUMMARY: Notice is hereby given of Illex squid, and butterfish; to review the DATES: The meeting will be held on public access via http:// Council’s Scientific and Statistical Wednesday, May 27, 2009, at 9:30 a.m. www.climate.noaa.gov to information
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pertaining to an upcoming Climate Federal Advisory Committee Act, as with any agency’s ability to perform its Program Office solicitation of grant amended (5 U.S.C. App.). The executive statutory obligations. The Director, proposals. session of the meeting will consist of Regulatory Information Management SUPPLEMENTARY INFORMATION: On or discussion of acquisition sensitive and/ Services, Office of Management, about 10 days after publication of this or business/proprietary nature. The publishes that notice containing notice, detailed information pertaining proposed closed session from 1:30 p.m. proposed information collection to Climate Program Office research to 3:30 p.m. will include a discussion requests prior to submission of these strategies, objectives, and priorities, will on Navy’s Industrial Baseline in the requests to OMB. Each proposed be available. These program priorities Economic Downturn. Discussion of such information collection, grouped by represent a contribution to national and information cannot be adequately office, contains the following: (1) Type international programs designed to segregated from other topics, which of review requested, e.g., new, revision, improve our ability to observe, precludes opening the executive session extension, existing or reinstatement; (2) understand, predict, and respond to of this meeting to the public. Title; (3) Summary of the collection; (4) Accordingly, the Secretary of the changes in the global environment. Description of the need for, and Navy has determined in writing that the FOR FURTHER INFORMATION CONTACT: Eric proposed use of, the information; (5) meeting shall be partially closed to the Respondents and frequency of Locklear; Chief, Administrative Services public because it will be concerned with Division; Climate Program Office, Office collection; and (6) Reporting and/or matters listed in sections 552b(c)(5), and Recordkeeping burden. OMB invites of Oceanic & Atmospheric Research (7) of title 5, United States Code. (301) 734–1236. public comment. Dated: May 5, 2009. Dated: May 4, 2009. Dated: May 6, 2009. A.M. Vallandingham, Mark E. Brown, Angela C. Arrington, Lieutenant Commander, Judge Advocate Chief Financial Officer, Office of Oceanic and Director, Information Collection Clearance General’s Corps, U.S. Navy, Federal Register Division, Regulatory Information Atmospheric Research, National Oceanic and Liaison Officer. Atmospheric Administration. Management Services, Office of Management. [FR Doc. E9–10945 Filed 5–8–09; 8:45 am] [FR Doc. E9–10932 Filed 5–8–09; 8:45 am] BILLING CODE 3810–FF–P Federal Student Aid BILLING CODE 3510–KB–P Type of Review: Revision. Title: Direct Loan Income Contingent DEPARTMENT OF EDUCATION Repayment Plan & Income-Based DEPARTMENT OF DEFENSE Repayment Plan—Consent to Disclosure Submission for OMB Review; of Tax Information. Department of the Navy Comment Request Frequency: On Occasion. Affected Public: Individuals or Notice of Partially Closed Meeting of AGENCY: Department of Education. household. the Chief of Naval Operations (CNO) SUMMARY: The Director, Information Executive Panel Reporting and Recordkeeping Hour Collection Clearance Division, Burden: Regulatory Information Management AGENCY: Department of the Navy, DoD. Responses: 405,577. Services, Office of Management invites ACTION: Notice. Burden Hours: 81,115. comments on the submission for OMB Abstract: This form serves as the SUMMARY: The CNO Executive Panel review as required by the Paperwork means by which a borrower who is will report on the findings and Reduction Act of 1995. repaying Direct Loan Program loans recommendations to the Chief of Naval DATES: Interested persons are invited to under the Income-Contingent Operations of the Subcommittee on submit comments on or before June 10, Repayment (ICR) Plan or the Income- Navy’s Industrial Baseline in the 2009. Based Repayment (IBR) Plan grants Economic Downturn. The discussion of ADDRESSES: Written comments should permission for the Internal Revenue such information would be exempt from be addressed to the Office of Service (IRS) to provide the U.S. public disclosure as set forth in section Information and Regulatory Affairs, Department of Education (the 552b(c)(5), (6), and (7) of title 5, United Attention: Education Desk Officer, Department) with a borrower’s tax States Code. For this reason the Office of Management and Budget, 725 return information so that the executive session of this meeting will be 17th Street, NW., Room 10222, New Department can determine borrower closed to the public. Executive Office Building, Washington, eligibility and monthly loan payment DATES: The open session of the meeting DC 20503, be faxed to (202) 395–5806 or amount for the ICR and IBR Plans. will be held on Friday, May 29, 2009, send e-mail to _ Under Direct Loan Program regulations, from 12:30 p.m. to 1:15 p.m. The closed oira [email protected]. a borrower’s tax information is used to executive session will be held from 1:30 SUPPLEMENTARY INFORMATION: Section calculate the monthly loan payment p.m. to 3:30 p.m. 3506 of the Paperwork Reduction Act of amount under the ICR and IBR plans. ADDRESSES: The meeting will be held in 1995 (44 U.S.C. Chapter 35) requires Requests for copies of the information Conference Room 1A01, CNA, 4825 that the Office of Management and collection submission for OMB review Mark Center Drive, Alexandria, VA Budget (OMB) provide interested may be accessed from http:// 22311–1846. The meeting will be Federal agencies and the public an early edicsweb.ed.gov, by selecting the handicap accessible. opportunity to comment on information ‘‘Browse Pending Collections’’ link and FOR FURTHER INFORMATION CONTACT: Mr. collection requests. OMB may amend or by clicking on link number 3977. When Brian D. Shaw, CNO Executive Panel, waive the requirement for public you access the information collection, 4825 Mark Center Drive, Alexandria, VA consultation to the extent that public click on ‘‘Download Attachments ’’ to 22311–1846, telephone number: 703– participation in the approval process view. Written requests for information 681–4906. would defeat the purpose of the should be addressed to U.S. Department SUPPLEMENTARY INFORMATION: This information collection, violate State or of Education, 400 Maryland Avenue, notice of meeting is provided per the Federal law, or substantially interfere SW., LBJ, Washington, DC 20202–4537.
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Requests may also be electronically of what will be said, contact information application, pursuant to section 4(f) of mailed to the Internet address which will be used to notify the the Federal Power Act, proposing to [email protected] or faxed to 202– requestor with status of request (phone study the feasibility of the Bucks Street 401–0920. Please specify the complete number on which a message may be left Dams Hydroelectric Project, to be title of the information collection when or e-mail), and include the subject/ located on the Suncook River, in making your request. attention line (or on the envelope if by Merrimack County, New Hampshire. On Comments regarding burden and/or mail): UOCAVA Hearing Request to March 25, 2009, the applicant filed the collection activity requirements Participate. Please note that these corrections to their original preliminary should be electronically mailed to comments will be made available to the permit application for the Buck Street [email protected]. Individuals who public at http://www.eac.gov. Dams Project. use a telecommunications device for the Written testimony from members of The proposed Buck Street Dams deaf (TDD) may call the Federal the public, regarding UOCAVA voting, Project would be located along the Information Relay Service (FIRS) at 1– will also be accepted. This testimony Suncook River channel below the 800–877–8339. will be included as part of the written existing outlet works at an existing dam [FR Doc. E9–10957 Filed 5–8–09; 8:45 am] record of the hearing, and available on owned by the New Hampshire Department of Environmental Services. BILLING CODE 4000–01–P our Web site. Written testimony must be received by 5 p.m. EDT on Friday, May The existing dams are 198 feet long and 15, 2009, and should be submitted via 15 feet high and impound the Suncook River. ELECTION ASSISTANCE COMMISSION e-mail at [email protected], via mail addressed to the U.S. Election The proposed project would consist Sunshine Act Notice Assistance Commission, 1225 New York of: (1) Either a new approximately 120- Avenue, NW., Suite 1100, Washington, foot-long power canal or dual 7-foot- AGENCY: U.S. Election Assistance DC 20005, or by fax at 202–566–1389. diameter penstocks located below the Commission. All correspondence that contains existing outlet facilities below East Buck ACTION: Notice of Public Meeting and written testimony must have in the Street Dam; (2) a new powerhouse Hearing Agenda. subject/attention line (or on the containing two or three submersible or tubular-type turbine-generators with a DATE & TIME: Tuesday, May 19, 2009, 1 envelope if by mail): Written Testimony total hydraulic capacity of 600 cubic p.m.–4 p.m. EDT (Meeting & Hearing). for UOCAVA Hearing. Members of the public may observe feet per second and a either a total PLACE: U.S. Election Assistance installed generating capacity of 0.394 Commission, 1225 New York Ave., NW., but not participate in EAC meetings unless this notice provides otherwise. megawatts; (3) a newly excavated 150- Suite 150, Washington, DC 20005, foot-long tailrace; (4) an approximately (Metro Stop: Metro Center). Members of the public may use small electronic audio recording devices to 200-foot-long transmission line; (5) one AGENDA: The Commission will hold a foot of new flashboards would be added public meeting to consider record the proceedings. The use of other recording equipment and cameras to West Buck Street Dam; and (6) administrative matters. The Commission appurtenant facilities. The Buck street will conduct a public hearing to receive requires advance notice to and coordination with the Commission’s Dams Project would have an estimated presentations on the following topic: average annual generation of 1,750 Military and Overseas Citizens: Communications Office.* This meeting and hearing will be megawatts-hours (MWh), which would Counting Their Votes—Part 1. open to the public. be sold to Public Service of New Members of the public who wish to Hampshire. PERSON TO CONTACT FOR INFORMATION: speak at the hearing regarding their Applicant Contact: Mr. Norm Herbert, experience as a Uniformed and Overseas Bryan Whitener, Telephone: (202) 566– Manager, Northeast Hydrodevelopment, Citizens Absentee Voting Act 3100. LLC, 100 State Route 101A, Building C, (UOCAVA) voter may send a request to Donetta Davidson, Suite 270, Amherst, New Hampshire participate to the EAC by 5 p.m. EDT on Commissioner, U.S. Election Assistance 03031, (603) 672–8210. Thursday, May 14, 2009. Due to time Commission. FERC Contact: John Ramer, (202) 502– constraints, the EAC can select no more [FR Doc. E9–11064 Filed 5–7–09; 4:15 pm] 8969. than 15 participants amongst the Deadline for filing comments, motions BILLING CODE 6820–KF–P volunteers who request to participate. to intervene, competing applications The selected volunteers will be allotted (without notices of intent), or notices of 3 minutes each to share their intent to file competing applications: 60 DEPARTMENT OF ENERGY experiences as a UOCAVA voter. days from the issuance of this notice. Participants will be selected on a first- Federal Energy Regulatory Comments, motions to intervene, come, first-served basis. However, to Commission notices of intent, and competing maximize diversity of input, only one applications may be filed electronically participant per organization or entity [Project No. 13390–000] via the Internet. See 18 CFR will be chosen if necessary. Participants 385.2001(a)(1)(iii) and the instructions will receive confirmation by 12 p.m. Northeast Hydrodevelopment, LLC; on the Commission’s Web site under the EDT on Friday, May 15, 2009. Those Notice of Preliminary Permit ‘‘e-Filing’’ link. If unable to be filed who are not selected to speak may Application Accepted for Filing and electronically, documents may be paper- submit written testimony. Requests to Soliciting Comments, Motions To filed. To paper-file, an original and eight speak may be sent to the EAC via e-mail Intervene, and Competing Applications copies should be mailed to: Kimberly D. at [email protected], via mail May 4, 2009. Bose, Secretary, Federal Energy addressed to the U.S. Election On March 6, 2009, Northeast Regulatory Commission, 888 First Assistance Commission, 1225 New York Hydrodevelopment, LLC filed an Street, NE., Washington, DC 20426. For Avenue, NW., Suite 1100, Washington, more information on how to submit DC 20005, or by fax at 202–566–1389. * View EAC Regulations Implementing these types of filings please go to the All requests must include a description Government in the Sunshine Act. Commission’s Web site located at
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http://www.ferc.gov/filing- powerhouse would be located at the end DEPARTMENT OF ENERGY comments.asp. More information about of an 800-foot-long penstcock; (2) one or this project can be viewed or printed on two submersible or tubular-type turbine- Federal Energy Regulatory the ‘‘eLibrary’’ link of Commission’s generators, plus an ‘‘environmental’’ Commission Web site at turbine to pass a minimum flow, with [Project No. 13413–000] http://www.ferc.gov/docs-filing/ a total hydraulic capacity of 500 cubic elibrary.asp. Enter the docket number feet per second and a total installed Northeast Hydrodevelopment, LLC; (P–13390) in the docket number field to generating capacity of 0.539 megawatts; Notice of Preliminary Permit access the document. For assistance, (3) a newly excavated 200-foot-long Application Accepted for Filing and call toll-free 1–866–208–3372. tailrace; (4) an approximately 400-foot- Soliciting Comments, Motions To Intervene, and Competing Applications Kimberly D. Bose, long transmission line; and (5) Secretary. appurtenant facilities. The Mascoma May 4, 2009. [FR Doc. E9–10847 Filed 5–8–09; 8:45 am] Lake Dam Project would have an On March 13, 2009, Northeast BILLING CODE 6717–01–P estimated average annual generation of Hydrodevelopment, LLC filed an 2,156 megawatts-hours (MWh), which application, pursuant to section 4(f) of would be sold to Public Service of New the Federal Power Act, proposing to DEPARTMENT OF ENERGY Hampshire. study the feasibility of the Weare Applicant Contact: Mr. Norm Herbert, Reservoir Dam Hydroelectric Project, to Federal Energy Regulatory be located on the Piscataquog River, in Commission Manager, Northeast Hydrodevelopment, LLC, 100 State Route 101A, Building C, Hillsborough County, New Hampshire. [Project No. 13397–000] The proposed Weare Reservoir Dam Suite 270, Amherst, New Hampshire Project would be located along the 03031, (603) 672–8210. Northeast Hydrodevelopment, LLC; Picatauog River channel below the Notice of Preliminary Permit FERC Contact: John Ramer, (202) 502– existing outlet works at an existing dam Application Accepted for Filing and 8969. owned by the New Hampshire Soliciting Comments, Motions To Deadline for filing comments, motions Department of Environmental Services. Intervene, and Competing Applications to intervene, competing applications The existing dam, which impounds the (without notices of intent), or notices of Piscataquog River, is 340 feet long and May 4, 2009. 34 feet high and includes a 36-inch- On March 13, 2009, Northeast intent to file competing applications: 60 days from the issuance of this notice. diameter steel penstock control by Hydrodevelopment, LLC filed an outlet gatehouse, five 5-foot-wide Comments, motions to intervene, application, pursuant to section 4(f) of stoplog bays atop a 157-foot-long notices of intent, and competing the Federal Power Act, proposing to concrete spillway. The impoundment study the feasibility of the Mascoma applications may be filed electronically encompasses about 323 surface acres. Lake Dam Hydroelectric Project, to be via the Internet. See 18 CFR The proposed project would consist located on the Mascoma River, in 385.2001(a)(1)(iii) and the instructions of: (1) A newly constructed powerhouse Grafton County, New Hampshire. On on the Commission’s Web site under the below the existing outlet works; (2) a April 7, 2009, the applicant filed revised ‘‘e-Filing’’ link. If unable to be filed 100-foot-long, 36-inch-diameter Exhibits 1, 4–1a, and 4–3b for the electronically, documents may be paper- penstock with electrically controlled proposed project. filed. To paper-file, an original and eight butterfly valve; (3) two submersible or The proposed Mascoma Lake Dam copies should be mailed to: Kimberly D. tubular-type turbine-generators with a Project would be located Mascoma River Bose, Secretary, Federal Energy total hydraulic capacity of 85 cubic feet channel below the existing outlet works Regulatory Commission, 888 First per second and a total installed at an existing dam owned by the Granite Street, NE., Washington, DC 20426. For generating capacity of 0.150 megawatts; State Electric Company. The existing more information on how to submit (4) a newly excavated 125-foot-long dam, which impounds the Mascoma these types of filings please go to the tailrace; (5) an approximately 400-foot- River, is 575 feet long and 18 feet high Commission’s Web site located at long transmission line; and (6) and includes four 6-foot-wide outlet http://www.ferc.gov/filing- appurtenant facilities. The Weare gates, seven 35-foot-wide stoplog bays comments.asp. More information about Reservoir Dam Project would have an atop a 125-foot-long concrete spillway. this project can be viewed or printed on estimated average annual generation of The impoundment encompasses about the ‘‘eLibrary’’ link of Commission’s 600 megawatts-hours (MWh), which 1155 surface acres. would be sold to Public Service of New The proposed project would consist of Web site at http://www.ferc.gov/docs- filing/elibrary.asp. Enter the docket Hampshire. either scenario A: (1) a newly Applicant Contact: Mr. Norm Herbert, number (P–13397) in the docket number constructed powerhouse at the end of a Manager, Northeast Hydrodevelopment, 80-foot-long canal built in the channel field to access the document. For LLC, 100 State Route 101A, Building C, below the existing outlet works; (2) one assistance, call toll-free 1–866–208– Suite 270, Amherst, New Hampshire or two submersible or tubular-type 3372. 03031, (603) 672–8210. turbine-generators, plus an Kimberly D. Bose, FERC Contact: John Ramer, (202) 502– ‘‘environmental’’ turbine to pass a 8969. minimum flow, with a total hydraulic Secretary. Deadline for filing comments, motions capacity of 500 cubic feet per second [FR Doc. E9–10850 Filed 5–8–09; 8:45 am] to intervene, competing applications and a total installed generating capacity BILLING CODE 6717–01–P (without notices of intent), or notices of of 0.314 megawatts; (3) a newly intent to file competing applications: 60 excavated 150-foot-long tailrace; (4) an days from the issuance of this notice. approximately 700-foot-long Comments, motions to intervene, transmission line; and (5) appurtenant notices of intent, and competing facilities; or scenario B: (1) A new applications may be filed electronically
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via the Internet. See 18 CFR and a total installed generating capacity DEPARTMENT OF ENERGY 385.2001(a)(1)(iii) and the instructions of 0.236 megawatts; (3) a newly on the Commission’s Web site under the excavated 150-foot-long tailrace; (4) an Federal Energy Regulatory ‘‘e-Filing’’ link. If unable to be filed approximately 500-foot-long Commission electronically, documents may be paper- transmission line; (5) reinstalled 2-foot- [Project No. 13389–000] filed. To paper-file, an original and eight high flashboards; and (6) appurtenant copies should be mailed to: Kimberly D. facilities. The Ashuelot River Dam Northeast Hydrodevelopment, LLC; Bose, Secretary, Federal Energy Project would have an estimated average Notice of Preliminary Permit Regulatory Commission, 888 First annual generation of between 944 Application Accepted for Filing and Street, NE., Washington, DC 20426. For megawatts-hours, which would be sold Soliciting Comments, Motions To more information on how to submit to Public Service of New Hampshire. Intervene, and Competing Applications these types of filings please go to the Commission’s Web site located at Applicant Contact: Mr. Norm Herbert, May 4, 2009. http://www.ferc.gov/filing- Manager, Northeast Hydrodevelopment, On March 6, 2009, Northeast comments.asp. More information about LLC, 100 State Route 101A, Building C, Hydrodevelopment, LLC filed an this project can be viewed or printed on Suite 270, Amherst, New Hampshire application, pursuant to section 4(f) of the ‘‘eLibrary’’ link of Commission’s 03031, (603) 672–8210. the Federal Power Act, proposing to Web site at study the feasibility of the McLane Dam FERC Contact: John Ramer, (202) 502– Hydroelectric Project, to be located on http://www.ferc.gov/docs-filing/ 8969. elibrary.asp. Enter the docket number the Sauhegan River, in Hillsborough (P–13413) in the docket number field to Deadline for filing comments, motions County, New Hampshire. On April 7, access the document. For assistance, to intervene, competing applications 2009, the applicant filed a revised call toll-free 1–866–208–3372. (without notices of intent), or notices of Exhibits 1 and 4–1, and a new Exhibit intent to file competing applications: 60 4–3b for the McLane Dam Project. Kimberly D. Bose, days from the issuance of this notice. The proposed McLane Dam Project Secretary. Comments, motions to intervene, would be located along the Sauhegan [FR Doc. E9–10852 Filed 5–8–09; 8:45 am] notices of intent, and competing River channel below the existing outlet BILLING CODE 6717–01–P applications may be filed electronically works at an existing dam owned by the via the Internet. See 18 CFR Town of Milford, New Hampshire. The 385.2001(a)(1)(iii) and the instructions existing dam is 191 feet long and 19 feet DEPARTMENT OF ENERGY on the Commission’s Web site under the high and impounds the Sauhegan River. The proposed project would consist Federal Energy Regulatory ‘‘e-Filing’’ link. If unable to be filed of: (1) Either a new approximately 80- Commission electronically, documents may be paper- foot-long power canal or penstock or a filed. To paper-file, an original and eight [Project No. 13419–000] 1,100 foot-long penstock located below copies should be mailed to: Kimberly D. the existing outlet facilities; (2) a new Bose, Secretary, Federal Energy Northeast Hydrodevelopment, LLC; powerhouse containing two or three Notice of Preliminary Permit Regulatory Commission, 888 First submersible or tubular-type turbine- Application Accepted for Filing and Street, NE., Washington, DC 20426. For generators with a total hydraulic Soliciting Comments, Motions To more information on how to submit capacity of 425 cubic feet per second Intervene, and Competing Applications these types of filings please go to the and a either a total installed generating Commission’s Web site located at http:// capacity of 0.325 megawatts (MW) or May 4, 2009. www.ferc.gov/filing-comments.asp. .450 MW; (3) a newly excavated 150- On April 2, 2009, Northeast More information about this project can foot-long tailrace; (4) an approximately Hydrodevelopment, LLC filed an be viewed or printed on the ‘‘eLibrary’’ 500-foot-long transmission line; (5) application, pursuant to section 4(f) of link of Commission’s Web site at http:// three feet of new flashboards; and (6) the Federal Power Act, proposing to www.ferc.gov/docs-filing/elibrary.asp. appurtenant facilities. The McLane Dam study the feasibility of the Ashuelot Enter the docket number (P–13419) in Project would have an estimated average River Dam Hydroelectric Project, to be the docket number field to access the annual generation of 1,400 megawatts- located on the Ashuelot River, in document. For assistance, call toll-free hours (MWh) to 1,900 MWh, which Cheshire County, New Hampshire. 1–866–208–3372. would be sold to Public Service of New The proposed Ashuelot River Dam Hampshire. Project would be located along the Kimberly D. Bose, Applicant Contact: Mr. Norm Herbert, Ashuelot River channel below the Secretary. Manager, Northeast Hydrodevelopment, existing outlet works at an existing dam [FR Doc. E9–10855 Filed 5–8–09; 8:45 am] LLC, 100 State Route 101A, Building C, owned by the City of Keene Public BILLING CODE 6717–01–P Suite 270, Amherst, New Hampshire Works Department. The existing dam, 03031, (603) 672–8210. which impounds the Ashuelot River is FERC Contact: John Ramer, (202) 502– 160 feet long and 16 feet high and 8969. includes a 134-foot-long spillway with Deadline for filing comments, motions three 6.5 foot-high by 5-foot-wide sluice to intervene, competing applications gates. The impoundment encompasses (without notices of intent), or notices of about 34 surface acres. intent to file competing applications: 60 The proposed project would consist days from the issuance of this notice. of: (1) A newly constructed powerhouse Comments, motions to intervene, below the existing outlet works; (2) two notices of intent, and competing submersible or tubular-type turbine- applications may be filed electronically generators with a total hydraulic via the Internet. See 18 CFR capacity of 353 cubic feet per second 385.2001(a)(1)(iii) and the instructions
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on the Commission’s Web site under the rehabilitated 54-inch-diameter penstock; DEPARTMENT OF ENERGY ‘‘e-Filing’’ link. If unable to be filed (3) a newly excavated 125-foot-long electronically, documents may be paper- tailrace; (4) an approximately 100-foot- Federal Energy Regulatory filed. To paper-file, an original and eight long transmission line; (5) 2.5 foot of Commission copies should be mailed to: Kimberly D. new flashboards would be reinstalled on [Project No. 12737–002] Bose, Secretary, Federal Energy the crest of the Main Street Dam Regulatory Commission, 888 First spillway; (6) a rehabilitated gate Jordan Limited Partnership; Notice of Street, NE., Washington, DC 20426. For structure and new trash racks installed; Application Tendered for Filing With more information on how to submit and (7) appurtenant facilities. The Main the Commission, Soliciting Additional these types of filings please go to the Street Dam Project would have an Study Requests, and Establishing Commission’s Web site located at estimated average annual generation of Procedual Schedule for Licensing and http://www.ferc.gov/filing- 425 megawatts-hours (MWh), which Deadline for Submission of Final comments.asp. More information about would be sold to Public Service of New Amendments this project can be viewed or printed on Hampshire. the ‘‘eLibrary’’ link of Commission’s May 4, 2009. Web site at http://www.ferc.gov/docs- Applicant Contact: Mr. Norm Herbert, Take notice that the following filing/elibrary.asp. Enter the docket Manager, Northeast Hydrodevelopment, hydroelectric application has been filed number (P–13389) in the docket number LLC, 100 State Route 101A, Building C, with the Commission and is available field to access the document. For Suite 270, Amherst, New Hampshire for public inspection. assistance, call toll-free 1–866–208– 03031, (603) 672–8210. a. Type of Application: Original 3372. FERC Contact: John Ramer, (202) 502– License. Kimberly D. Bose, 8969. b. Project No.: P–12737–002. c. Date Filed: April 16, 2009. Secretary. Deadline for filing comments, motions d. Applicant: Jordan Limited [FR Doc. E9–10846 Filed 5–8–09; 8:45 am] to intervene, competing applications Partnership. BILLING CODE 6717–01–P (without notices of intent), or notices of e. Name of Project: Gathright intent to file competing applications: 60 Hydroelectric Project. days from the issuance of this notice. DEPARTMENT OF ENERGY f. Location: The project would be Comments, motions to intervene, located at the existing Corps of notices of intent, and competing Federal Energy Regulatory Engineer’s Gathright Dam on the Commission applications may be filed electronically Jackson River in Alleghany County, via the Internet. See 18 CFR Virginia. The project will affect [Project No. 13395–000] 385.2001(a)(1)(iii) and the instructions approximately 3.7 acres of Federal on the Commission’s Web site under the Northeast Hydrodevelopment, LLC; lands. ‘‘e-Filing’’ link. If unable to be filed Notice of Preliminary Permit g. Filed Pursuant to: Federal Power electronically, documents may be paper- Application Accepted for Filing and Act 16 U.S.C. 791 (a)–825(r). Soliciting Comments, Motions To filed. To paper-file, an original and eight h. Applicant Contact: Mr. James B. Intervene, and Competing Applications copies should be mailed to: Kimberly D. Price, W.V. Hydro, Inc., P.O. Box 903, Bose, Secretary, Federal Energy Gatlinburg TN 37738, (865) 436–0402. May 4, 2009. Regulatory Commission, 888 First i. FERC Contact: Michael Spencer, On March 9, 2009, Northeast Street, NE., Washington, DC 20426. For (202) 502–6093. Hydrodevelopment, LLC filed an more information on how to submit j. Cooperating Agencies: Federal, application, pursuant to section 4(f) of these types of filings please go to the State, local, and tribal agencies with the Federal Power Act, proposing to Commission’s Web site located at jurisdiction and/or special expertise study the feasibility of the Main Street http://www.ferc.gov/filing- with respect to environmental issues Dam Hydroelectric Project, to be located comments.asp. More information about that wish to cooperate in the on the Salmon Brook River, in this project can be viewed or printed on preparation of the environmental Hillsborough County, New Hampshire. the ‘‘eLibrary’’ link of Commission’s document should follow the instructions for filing such requests On April 7, 2009, the applicant filed Web site at http://www.ferc.gov/docs- described in item l below. Cooperating corrections to their original preliminary filing/elibrary.asp. Enter the docket permit application for the Main Street agencies should note the Commission’s number (P–13395) in the docket number Dam Project. policy that agencies that cooperate in The proposed Main Street Dam field to access the document. For the preparation of the environmental Project would be located along the assistance, call toll-free 1–866–208– document cannot also intervene. See, 94 Salmon Brook River channel below the 3372. FERC ¶ 61,076 (2001). existing outlet works at an existing dam Kimberly D. Bose, k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission’s regulations, if owned by the Pennichuck Water Works Secretary. Company. The existing dam, which any resource agency, Indian Tribe, or [FR Doc. E9–10848 Filed 5–8–09; 8:45 am] impounds the Suncook River, is 75 feet person believes that an additional long and 18 feet high, and includes a 31- BILLING CODE 6717–01–P scientific study should be conducted in foot-long board crested weir spillway order to form an adequate factual basis and a 54-inch-diameter penstock. for a complete analysis of the The proposed project would consist application on its merit, the resource of: (1) One submersible or tubular-type agency, Indian Tribe, or person must file turbine-generator, with a total hydraulic a request for a study with the capacity of 80 cubic feet per second and Commission not later than 60 days from a total installed generating capacity of the date of this notice, and serve a copy 0.085 megawatts, connected to a of the request on the applicant.
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l. Deadline for filing additional study regulations of the Advisory Council on and includes a 159-foot-long spillway requests and requests for cooperating Historic Preservation, 36 CFR 800.4. with two 7.5-foot-high by 6-foot-wide agency status: June 29, 2009. q. Procedural schedule and final outlet gates and two 4.5-foot-wide by All documents (original and eight amendments: The application will be 9.5-foot-high stop log bays. The copies) should be filed with: Kimberly processed according to the following impoundment encompasses about 20 D. Bose, Secretary, Federal Energy Hydro Licensing Schedule. Revisions to surface acres. Regulatory Commission, 888 First the schedule will be made as The proposed project would consist Street, NE., Washington, DC 20426. appropriate. The Commission staff Additional study requests and proposes to issue one environmental of: (1) A newly constructed powerhouse requests for cooperating agency status assessment rather than issue a draft and below the existing outlet works; (2) two may be filed electronically via the final EA. Comments, terms and submersible or tubular-type turbine- Internet in lieu of paper. The conditions, recommendations, generators with a total hydraulic Commission strongly encourages prescriptions, and reply comments, if capacity of 423 cubic feet per second electronic filings. See 18 CFR any, will be addressed in an EA. Staff and a total installed generating capacity 385.2001(a)(1)(iii) and the instructions intends to give at least 30 days for of 0.530 megawatts; (3) a newly on the Commission’s Web site at entities to comment on the EA, and will excavated 100-foot-long tailrace; (4) an (http://www.ferc.gov) under the take into consideration all comments approximately 200-foot-long ‘‘eFiling’’ link. For a simpler method of received on the EA before final action is transmission line; (5) appurtenant submitting text only comments, click on taken on the license application. facilities. The Pittsfield Mill Dam ‘‘Quick Comment.’’ Project would have an estimated average m. This application is not ready for Issue Scoping Document October 2009. for comment. annual generation of between 2,120 environmental analysis at this time. Notice of application March 2010. n. Description of Project: The megawatts-hours, which would be sold ready for environmental to Public Service of New Hampshire. Gathright Project would use the Corps of analysis. Engineer’s existing Gathright Dam and Notice of the availability June 2010. Applicant Contact: Mr. Norm Herbert, reservoir and would consist of: (1) Two of the draft EA. Manager, Northeast Hydrodevelopment, vertical steel modules attached to the Notice of the availability September LLC, 100 State Route 101A, Building C, upstream face of the intake tower in the of the final EA. 2010. Suite 270, Amherst, New Hampshire stop log slot containing four generating Final amendments to the application 03031, (603) 672–8210. units with a total installed capacity of must be filed with the Commission no FERC Contact: John Ramer, (202) 502– 3.7 MW; (2) 4,160 Volt cables both fixed later than 30 days from the issuance 8969. and flexible from the generators to the date of the notice of ready for Deadline for filing comments, motions top of the intake tower and then by a environmental analysis. fixed conduit transmitting the power to intervene, competing applications generated to; (3) a substation located Kimberly D. Bose, (without notices of intent), or notices of beside the service bridge near the top of Secretary. intent to file competing applications: 60 the dam; and (4) a new 1.24-mile-long, [FR Doc. E9–10845 Filed 5–8–09; 8:45 am] days from the issuance of this notice. 46-kV transmission line. The project BILLING CODE 6717–01–P Comments, motions to intervene, would have an average annual notices of intent, and competing generation of about 17,500 megawatt- applications may be filed electronically hours. DEPARTMENT OF ENERGY via the Internet. See 18 CFR o. A copy of the application is 385.2001(a)(1)(iii) and the instructions available for review at the Commission Federal Energy Regulatory on the Commission’s Web site under the Commission in the Public Reference Room or may be ‘‘e-Filing’’ link. If unable to be filed viewed on the Commission’s Web site at [Project No. 13420–000] electronically, documents may be paper- http://www.ferc.gov using the filed. To paper-file, an original and eight ‘‘eLibrary’’ link. Enter the docket Northeast Hydrodevelopment, LLC; copies should be mailed to: Kimberly D. number excluding the three digits in the Notice of Preliminary Permit Bose, Secretary, Federal Energy docket number field to access the Application Accepted for Filing and Regulatory Commission, 888 First document. For assistance, please contact Soliciting Comments, Motions To Street, NE., Washington, DC 20426. For FERC Online Support at Intervene, and Competing Applications more information on how to submit [email protected] or toll these types of filings please go to the free at (866) 208–3676, or for TTY, May 4, 2009. Commission’s Web site located at contact (202) 502–8659. A copy is also On April 3, 2009, Northeast http://www.ferc.gov/filing- available for inspection and Hydrodevelopment, LLC filed an reproduction at the address in item h application, pursuant to section 4(f) of comments.asp. More information about above. the Federal Power Act, proposing to this project can be viewed or printed on You may also register online at study the feasibility of the Pittsfield Mill the ‘‘eLibrary’’ link of Commission’s http://www.ferc.gov/docs-filing/ Dam Hydroelectric Project, to be located Web site at esubscription.asp to be notified via e- on the Suncook River, in Hillsborough http://www.ferc.gov/docs-filing/ mail of new filings and issuances County, New Hampshire. elibrary.asp. Enter the docket number related to this or other pending projects. The proposed Pittsfield Dam Project (P–13420) in the docket number field to For assistance, contact FERC Online would be located along the Suncook access the document. For assistance, Support. River channel below the existing outlet call toll-free 1–866–208–3372. p. With this notice, we are initiating works at an existing dam owned by the consultation with the Illinois State New Hampshire Department of Kimberly D. Bose, Historic Preservation Officer (SHPO), as Environmental Services. The existing Secretary. required by section 106, National dam, which impounds the Suncook [FR Doc. E9–10856 Filed 5–8–09; 8:45 am] Historic Preservation Act, and the River is 470 feet long and 21 feet high BILLING CODE 6717–01–P
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DEPARTMENT OF ENERGY ‘‘e-Filing’’ link. If unable to be filed Applicant Contact: Mr. Anthony J. electronically, documents may be paper- Marra Jr., President, Hydro Energy Federal Energy Regulatory filed. To paper-file, an original and eight Technologies, LLC, 31300 Solon Rd. Commission copies should be mailed to: Kimberly D. Suite 12, Solon, OH 44139, (440) 498– [Project No. 13418–000] Bose, Secretary, Federal Energy 1000. Regulatory Commission, 888 First FERC Contact: John Ramer, (202) 502– Northeast Hydrodevelopment, LLC; Street, NE., Washington, DC 20426. For 8969. Notice of Preliminary Permit more information on how to submit Deadline for filing comments, motions Application Accepted for Filing and these types of filings please go to the to intervene, competing applications Soliciting Comments, Motions To Commission’s Web site located at http: (without notices of intent), or notices of Intervene, and Competing Applications //www.ferc.gov/filing-comments.asp. intent to file competing applications: 60 More information about this project can days from the issuance of this notice. May 4, 2009. be viewed or printed on the ‘‘eLibrary’’ Comments, motions to intervene, On March 30, 2009, Northeast link the of Commission’s Web site at notices of intent, and competing Hydrodevelopment, LLC filed an http://www.ferc.gov/docs-filing/ applications may be filed electronically application, pursuant to section 4(f) of elibrary.asp. Enter the docket number via the Internet. See 18 CFR the Federal Power Act, proposing to (P–13418) in the docket number field to 385.2001(a)(1)(iii) and the instructions study the feasibility of the Goffs Falls access the document. For assistance, on the Commission’s Web site under the Dam Hydroelectric Project, to be located call toll-free 1–866–208–3372. ‘‘e-Filing’’ link. If unable to be filed on the Great Cohas Brook, in electronically, documents may be paper- Hillsborough County, New Hampshire. Kimberly D. Bose, filed. To paper-file, an original and eight The proposed Goffs Falls Dam Project Secretary. copies should be mailed to: Kimberly D. would be located along the Great Cohas [FR Doc. E9–10854 Filed 5–8–09; 8:45 am] Bose, Secretary, Federal Energy Brook channel below the existing outlet BILLING CODE 6717–01–P Regulatory Commission, 888 First works at an existing dam owned by the Street, NE., Washington, DC 20426. For City of Manchester, New Hampshire. more information on how to submit The existing dam, which impounds the DEPARTMENT OF ENERGY these types of filings please go to the Great Cohas Brook, is 150 feet long and Commission’s Web site located at Federal Energy Regulatory 19 feet high and includes a 75-foot-long http://www.ferc.gov/filing- Commission spillway and a 4 foot by 9 foot low level comments.asp. More information about sluice gate. The impoundment [Project No. 13402–000] this project can be viewed or printed on encompasses about 54 surface acres. the ‘‘eLibrary’’ link of Commission’s The proposed project would consist Hydro Energy Technologies, LLC; Web site at of: (1) A newly constructed powerhouse Notice of Preliminary Permit http://www.ferc.gov/docs-filing/ below the existing outlet works; (2) a Application Accepted for Filing and elibrary.asp. Enter the docket number 260-foot-long to 1,060-foot-long Soliciting Comments, Motions To (P–13402) in the docket number field to penstock; (3) two submersible or Intervene, and Competing Applications access the document. For assistance, tubular-type turbine-generators with a call toll-free 1–866–208–3372. total hydraulic capacity of 246 cubic May 4, 2009. feet per second and a total installed On March 20, 2009, Hydro Energy Kimberly D. Bose, generating capacity of between 0.265 Technologies, LLC filed an application, Secretary. megawatts (MW) and .585 MW; (4) a pursuant to section 4(f) of the Federal [FR Doc. E9–10851 Filed 5–8–09; 8:45 am] newly excavated 125-foot-long tailrace; Power Act, proposing to study the BILLING CODE 6717–01–P (5) between an approximately 150-foot- feasibility of the Lake Milton long to 750-foot-long transmission line; Hydroelectric Project, to be located on and (6) appurtenant facilities. The Goffs Mahoning River, in Mahoning County, DEPARTMENT OF ENERGY Falls Dam Project would have an Ohio. estimated average annual generation of The proposed Lake Milton Federal Energy Regulatory between 850 megawatts-hours (MWh) Hydroelectric Project would be located Commission at the existing Lake Milton Dam owned and 1,850 MWh, which would be sold [Project No. 13396–000] to Public Service of New Hampshire. by the Ohio Department of Natural Applicant Contact: Mr. Norm Herbert, Resources. The dam operations are Northeast Hydrodevelopment, LLC; Manager, Northeast Hydrodevelopment, supervised by the U.S. Army Corps of Notice of Preliminary Permit LLC, 100 State Route 101A, Building C, Engineers. The Lake Milton Dam is 760- Application Accepted for Filing and Suite 270, Amherst, New Hampshire feet-long and 54-feet-high, which Soliciting Comments, Motions To 03031, (603) 672–8210. includes a 650-long spillway and four Intervene, and Competing Applications FERC Contact: John Ramer, (202) 502– 60-inch-diameter gate valves. 8969. The proposed project would consist May 4, 2009. Deadline for filing comments, motions of: (1) A new powerhouse at the base of On March 13, 2009, Northeast to intervene, competing applications the existing outlet works; (2) one or Hydrodevelopment, LLC filed an (without notices of intent), or notices of more turbine/generators with total application, pursuant to section 4(f) of intent to file competing applications: 60 installed capacity of 1.2 megawatts; (3) the Federal Power Act, proposing to days from the issuance of this notice. two 60-inch-diameter, 7-foot-long study the feasibility of the Alton Power Comments, motions to intervene, penstocks; (4) a new 320-foot-long Dam Hydroelectric Project, to be located notices of intent, and competing transmission line; and (5) appurtenant on the Merrymeeting River, in Belknap applications may be filed electronically facilities. The Lake Milton Dam Project County, New Hampshire. via the Internet. See 18 CFR would have an estimated average annual The proposed Alton Power Dam 385.2001(a)(1)(iii) and the instructions generation of 6,929 megawatts-hours, Project would be located along the on the Commission’s Web site under the which would be sold to a local utility. Merrymeeting River channel below the
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existing outlet works at an existing dam document. For assistance, call toll-free Comment Date: 5 p.m. Eastern Time owned by the New Hampshire Fish and 1–866–208–3372. on Tuesday, May 26, 2009. Game Department. The existing dam, Kimberly D. Bose, Docket Numbers: ER09–1063–000. which impounds the Merrymeeting Secretary. Applicants: PJM Interconnection, River, is 190 feet long and 16 feet high LLC. [FR Doc. E9–10849 Filed 5–8–09; 8:45 am] and includes one 8-foot by 9-foot-wide Description: PJM Interconnection, outlet gate, twelve 6-foot-wide stoplog BILLING CODE 6717–01–P LLC submits revisions to its Open bays atop an 85-foot-long concrete Access Transmission Tariff, in spillway. The impoundment DEPARTMENT OF ENERGY compliance with Order 719. encompasses about 720 surface acres. Filed Date: 04/29/2009. Accession Number: 20090430–0167. The proposed project would consist Federal Energy Regulatory Comment Date: 5 p.m. Eastern Time of: (1) A newly constructed powerhouse; Commission on Wednesday, May 27, 2009. (2) one or two submersible or tubular- Combined Notice of Filings # 1 Any person desiring to intervene or to type turbine-generator, with a total protest in any of the above proceedings hydraulic capacity of 160 cubic feet per May 1, 2009. must file in accordance with Rules 211 second and a total installed generating Take notice that the Commission and 214 of the Commission’s Rules of capacity of 0.16 megawatts, connected received the following compliance Practice and Procedure (18 CFR 385.211 to a rehabilitated 54-inch-diameter electric rate filings pursuant to Order and 385.214) on or before 5 p.m. Eastern penstock; (3) a newly excavated 200- 719 time on the specified comment date. It foot-long tailrace; (4) an approximately Docket Numbers: ER09–1048–000. is not necessary to separately intervene 500-foot-long transmission line; and (5) Applicants: California Independent again in a subdocket related to a appurtenant facilities. The Alton Power System Operator Corporation. compliance filing if you have previously Dam Project would have an estimated Description: California Independent intervened in the same docket. Protests average annual generation of 650 System Operator Corp submits its will be considered by the Commission megawatts-hours (MWh), which would compliance report and amendments to in determining the appropriate action to be sold to Public Service of New the ISO’s tariff, pursuant to Order No. be taken, but will not serve to make Hampshire. 719. protestants parties to the proceeding. Filed Date: 04/28/2009. Applicant Contact: Mr. Norm Herbert, Anyone filing a motion to intervene or Accession Number: 20090429–0151. protest must serve a copy of that Manager, Northeast Hydrodevelopment, Comment Date: 5 p.m. Eastern Time document on the Applicant. In reference LLC, 100 State Route 101A, Building C, on Tuesday, May 26, 2009. to filings initiating a new proceeding, Suite 270, Amherst, New Hampshire Docket Numbers: ER09–1049–000. interventions or protests submitted on 03031, (603) 672–8210. Applicants: Midwest Independent or before the comment deadline need FERC Contact: John Ramer, (202) 502– Transmission System Operator, Inc. not be served on persons other than the 8969. Description: Midwest Independent Applicant. Deadline for filing comments, motions Transmission System Operator, Inc The Commission encourages to intervene, competing applications submits a compliance fililg, Second electronic submission of protests and Revised Sheet No 208 et al to FERC (without notices of intent), or notices of interventions in lieu of paper, using the Electric Tariff, Fourth Revised Volume intent to file competing applications: 60 FERC Online links at http:// No 1, pursuant to Order No. 719. days from the issuance of this notice. www.ferc.gov. To facilitate electronic Filed Date: 04/28/2009. service, persons with Internet access Comments, motions to intervene, Accession Number: 20090429–0150. who will eFile a document and/or be notices of intent, and competing Comment Date: 5 p.m. Eastern Time listed as a contact for an intervenor applications may be filed electronically on Tuesday, May 26, 2009. must create and validate an via the Internet. See 18 CFR Docket Numbers: ER09–1050–000. eRegistration account using the 385.2001(a)(1)(iii) and the instructions Applicants: Southwest Power Pool eRegistration link. Select the eFiling on the Commission’s Web site under the Inc. link to log on and submit the ‘‘e-Filing’’ link. If unable to be filed Description: Southwest Power Pool, intervention or protests. electronically, documents may be paper- Inc submits revisions to its Open Access Persons unable to file electronically filed. To paper-file, an original and eight Transmission Tariff, to comply with the should submit an original and 14 copies copies should be mailed to: Kimberly D. Commission’s requirements in Order of the intervention or protest to the Bose, Secretary, Federal Energy 719, to be effective 6/28/09. Federal Energy Regulatory Commission, Regulatory Commission, 888 First Filed Date: 04/28/2009. 888 First St., NE., Washington, DC Street, NE., Washington, DC 20426. For Accession Number: 20090429–0155. 20426. more information on how to submit Comment Date: 5 p.m. Eastern Time The filings in the above proceedings these types of filings please go to the on Tuesday, May 26, 2009. are accessible in the Commission’s Commission’s Web site located at Docket Numbers: ER09–1051–000. eLibrary system by clicking on the http://www.ferc.gov/ Applicants: ISO New England Inc. appropriate link in the above list. They filing-comments.asp. More information and New England Power Pool are also available for review in the about this project can be viewed or Description: ISO New England, Inc et Commission’s Public Reference Room in printed on the ‘‘eLibrary’’ link of al submits its compliance filing Washington, DC. There is an Commission’s Web site at http:// regarding reforms to improve the eSubscription link on the Web site that www.ferc.gov/docs-filing/elibrary.asp. operation of organized wholesale enables subscribers to receive e-mail Enter the docket number (P–13396) in electric power markets, pursuant to notification when a document is added the docket number field to access the Order No. 719. to a subscribed dockets(s). For Filed Date: 04/28/2009. assistance with any FERC Online Accession Number: 20090429–0152. service, please e-mail
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[email protected]. or call Docket Numbers: RP96–312–193. Filed Date: 04/30/2009. (866) 208–3676 (toll free). For TTY, call Applicants: Tennessee Gas Pipeline Accession Number: 20090501–0150. (202) 502–8659. Company. Comment Date: 5 p.m. Eastern Time Description: Tennessee Gas Pipeline on Tuesday, May 12, 2009. Nathaniel J. Davis, Sr., Company submits for acceptance Docket Numbers: RP99–176–198. Deputy Secretary. negotiated rate arrangement, Service Applicants: Natural Gas Pipeline Co [FR Doc. E9–10823 Filed 5–8–09; 8:45 am] Package 72917 with Louis Dreyfus of America LLC. BILLING CODE 6717–01–P Energy Services etc to be effective 6/1/ Description: Natural Gas Pipeline 09. Company of America LLC submits Filed Date: 04/30/2009. Second Revised Sheet 34C.01 of its DEPARTMENT OF ENERGY Accession Number: 20090501–0026. FERC Gas Tariff, Seventh Revised Comment Date: 5 p.m. Eastern Time Volume 1 effective 5/1/09 under RP99– Federal Energy Regulatory on Tuesday, May 12, 2009. Commission 176. Docket Numbers: RP96–312–194. Filed Date: 04/30/2009. Combined Notice of Filings Applicants: Tennessee Gas Pipeline Accession Number: 20090501–0151. Company. Comment Date: 5 p.m. Eastern Time May 4, 2009. Description: Tennessee Gas Pipeline on Tuesday, May 12, 2009. Take notice that the Commission has Company submits for acceptance Docket Numbers: RP99–220–025. received the following Natural Gas negotiated rate arrangement, Service Applicants: Great Lakes Gas Pipeline Rate and Refund Report filings: Package 72915 with Iberdrola etc to be Transmission LP. Docket Numbers: RP96–272–091. effective 6/1/09. Description: Great Lakes Gas Applicants: Northern Natural Gas Filed Date: 04/30/2009. Transmission Limited Partnership Accession Number: 20090501–0025. Company. submits a negotiated rate contract with Comment Date: 5 p.m. Eastern Time Description: Northern Natural Gas Integrys Energy Service, Inc on Tuesday, May 12, 2009. Company submits 51 Revised Sheet 66 commencing 5/1/09. et al of its FERC Gas Tariff, Fifth Docket Numbers: RP96–359–041. Filed Date: 04/30/2009. Revised Volume 1, to be effective 5/1/ Applicants: Transcontinental Gas Accession Number: 20090501–0153. 09. Pipe Line Company. Comment Date: 5 p.m. Eastern Time Filed Date: 04/30/2009. Description: Transcontinental Gas on Tuesday, May 12, 2009. Accession Number: 20090501–0154. Pipe Line Company, LLC submits amendments to service agreements Docket Numbers: RP99–518–110. Comment Date: 5 p.m. Eastern Time Applicants: Gas Transmission on Tuesday, May 12, 2009. containing negotiated rates which pertain to Rate Schedule FT. Northwest Corporation. Docket Numbers: RP96–312–190. Filed Date: 04/30/2009. Description: Gas Transmission Applicants: Tennessee Gas Pipeline Accession Number: 20090501–0032. Northwest Corporation submits Forty- Company. Comment Date: 5 p.m. Eastern Time Sixth Revised Sheet 15 et al to its FERC Description: Tennessee Gas Pipeline on Tuesday, May 12, 2009. Gas Tariff, Third Revised Volume 1–A. Filed Date: 04/30/2009. Company submits for acceptance Docket Numbers: RP96–389–092. negotiated rate arrangement, Service Applicants: Columbia Gulf Accession Number: 20090501–0031. Comment Date: 5 p.m. Eastern Time Packet 72921with NJR Energy Services Transmission Company. etc to be effective 6/1/09. Description: Columbia Gulf on Tuesday, May 12, 2009. Filed Date: 04/30/2009. Transmission Company submits Docket Numbers: RP02–361–076. Accession Number: 20090501–0022. Seventh Revised Sheet 40 et al to its Applicants: Gulfstream Natural Gas Comment Date: 5 p.m. Eastern Time FERC Gas Tariff, Second Revised System, L.L.C. on Tuesday, May 12, 2009. Volume 1. Description: Gulfstream Natural Gas Docket Numbers: RP96–312–191. Filed Date: 04/30/2009. System, LLC submits Second Revised Applicants: Tennessee Gas Pipeline Accession Number: 20090501–0027. Sheet 8.0lb to its FERC Gas Tariff, Company. Comment Date: 5 p.m. Eastern Time Original Volume 1. Description: Tennessee Gas Pipeline on Tuesday, May 12, 2009. Filed Date: 04/30/2009. Company submits for acceptance Docket Numbers: RP96–389–093. Accession Number: 20090501–0029. negotiated rate arrangement, Service Applicants: Columbia Gulf Comment Date: 5 p.m. Eastern Time Package 72923 with BP Energy Transmission Company. on Tuesday, May 12, 2009. Company etc to be effective 6/1/09. Description: Columbia Gulf Docket Numbers: RP03–36–045. Filed Date: 04/30/2009. Transmission Company submits FTS–1 Applicants: Dauphin Island Gathering Accession Number: 20090501–0023. Service Agreement 68436, Revisions 5 Partners. Comment Date: 5 p.m. Eastern Time with JP Morgan Ventures Energy Description: Dauphin Island on Tuesday, May 12, 2009. Corporation. Gathering Partners submits Forty-Sixth Docket Numbers: RP96–312–192. Filed Date: 04/30/2009. Revised Sheet 9 to its FERC Gas Tariff, Applicants: Tennessee Gas Pipeline Accession Number: 20090501–0028. First Revised Volume 1. Company. Comment Date: 5 p.m. Eastern Time Filed Date: 04/30/2009. Description: Tennessee Gas Pipeline on Tuesday, May 12, 2009. Accession Number: 20090501–0159. Company submits for acceptance Docket Numbers: RP99–176–197. Comment Date: 5 p.m. Eastern Time negotiated rate arrangement, Service Applicants: Natural Gas Pipeline Co on Tuesday, May 12, 2009. Package 72919 with Tenaska Gas of America LLC. Docket Numbers: RP05–164–014. Storage etc to be effective 6/1/09. Description: Natural Gas Pipeline Applicants: Equitrans, LP. Filed Date: 04/30/2009. Company of America LLC submits First Description: Equitrans, LP submits Accession Number: 20090501–0024. Revised Sheet 34E.03 et al of its FERC Fourteenth Revised Sheet 11 to be Comment Date: 5 p.m. Eastern Time Gas Tariff, Seventh Revised Volume 1 incorporated in its FERC Gas Tariff, on Tuesday, May 12, 2009. effective 5/1/09. First Revised Volume 1.
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Filed Date: 04/30/2009. Accession Number: 20090501–0148 in determining the appropriate action to Accession Number: 20090501–0156. Comment Date: 5 p.m. Eastern Time be taken, but will not serve to make Comment Date: 5 p.m. Eastern Time on Tuesday, May 12, 2009. protestants parties to the proceeding. on Tuesday, May 12, 2009. Docket Numbers: RP09–557–000. Anyone filing a motion to intervene or Docket Numbers: RP09–367–001. Applicants: Texas Gas Transmission, protest must serve a copy of that Applicants: MarkWest Pioneer, L.L.C. LLC. document on the Applicant. In reference Description: MarkWest Pioneer, LLC Description: Texas Gas Transmission, to filings initiating a new proceeding, submits First Revised Sheet 17 et al of LLC submits Third Revised Volume 1 et interventions or protests submitted on its FERC Gas Tariff, Original Volume 1 al., to be effective 5/1/09. or before the comment deadline need to be effective 4/1/09. Filed Date: 04/30/2009. not be served on persons other than the Filed Date: 04/30/2009. Accession Number: 20090501–0146. Applicant. Accession Number: 20090501–0155. Comment Date: 5 p.m. Eastern Time The Commission encourages Comment Date: 5 p.m. Eastern Time on Tuesday, May 12, 2009. electronic submission of protests and on Tuesday, May 12, 2009. Docket Numbers: RP09–558–000. interventions in lieu of paper, using the Docket Numbers: RP09–394–002. Applicants: Transcontinental Gas FERC Online links at http:// Applicants: KO Transmission Pipe Line Company. www.ferc.gov. To facilitate electronic Company. Description: Transcontinental Gas service, persons with Internet access Description: KO Transmission Pipe Line Co, LLC submits First Revised who will eFile a document and/or be Company submits Sub. Fourth Revised Sheet No.1 to FERC Gas Tariff, Fourth listed as a contact for an intervenor Sheet 50 et al FERC Gas Tariff, Original Revised No. 1 to be effective 6/29/09. must create and validate an Volume 1. Filed Date: 04/30/2009. eRegistration account using the Filed Date: 04/30/2009. Accession Number: 20090501–0135. eRegistration link. Select the eFiling Accession Number: 20090501–0152. Comment Date: 5 p.m. Eastern Time link to log on and submit the Comment Date: 5 p.m. Eastern Time on Tuesday, May 12, 2009. intervention or protests. on Tuesday, May 12, 2009. Docket Numbers: RP09–560–000. Persons unable to file electronically Applicants: Williston Basin Interstate should submit an original and 14 copies Docket Numbers: RP09–397–002. of the intervention or protest to the Applicants: Columbia Gas Pipeline Co. Description: Williston Basin Interstate Federal Energy Regulatory Commission, Transmission, LLC. Pipeline Co submits Nineteenth Revised 888 First St., NE., Washington, DC Description: Columbia Gas Sheet No. 5 et al to FERC Gas Tariff, 20426. Transmission, LLC submits Fourth Second Revised Volume No. 1. The filings in the above proceedings Revised Sheet 25 et al to its FERC Gas Filed Date: 04/30/2009. are accessible in the Commission’s Tariff, Third Revised Volume 1. Accession Number: 20090501–0133. eLibrary system by clicking on the Filed Date: 04/30/2009. Comment Date: 5 p.m. Eastern Time appropriate link in the above list. They Accession Number: 20090501–0030. on Tuesday, May 12, 2009. are also available for review in the Comment Date: 5 p.m. Eastern Time Commission’s Public Reference Room in on Tuesday, May 12, 2009. Docket Numbers: RP09–561–000. Applicants: ANR Storage Company. Washington, DC. There is an Docket Numbers: RP09–554–000. Description: ANR Storage Company eSubscription link on the Web site that Applicants: Midwestern Gas submits Second Revised Sheet 2A for enables subscribers to receive e-mail Transmission Company inclusion in ANR Storage’s FERC Gas notification when a document is added Description: Midwestern Gas Tariff, Original Volume 1. to a subscribed dockets(s). For Transmission Company submits Filed Date: 04/30/2009. assistance with any FERC Online Fourteenth Revised Sheet 5 et al to its Accession Number: 20090501–0149. service, please e-mail FERC Gas Tariff, Third Revised Volume Comment Date: 5 p.m. Eastern Time [email protected]. or call 1. on Tuesday, May 12, 2009. (866) 208–3676 (toll free). For TTY, call Filed Date: 04/29/2009. Docket Numbers: RP09–562–000. (202) 502–8659. Accession Number: 20090430–0317. Applicants: National Fuel Gas Supply Comment Date: 5 p.m. Eastern Time Nathaniel J. Davis, Sr., Corporation. on Monday, May 11, 2009. Deputy Secretary. Description: National Fuel Gas Supply [FR Doc. E9–10834 Filed 5–8–09; 8:45 am] Docket Numbers: RP09–555–000. Corporation submits 127th Revised Applicants: Tennessee Gas Pipeline Sheet 9 et al to its FERC Gas Tariff, BILLING CODE 6717–01–P Company. Fourth Revised Volume 1. Description: Tennessee Gas Pipeline Filed Date: 04/30/2009. DEPARTMENT OF ENERGY Company submits a gas transportation Accession Number: 20090501–0158. agreement between Tennessee and Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory Entergy Louisiana, LLC. on Tuesday, May 12, 2009. Commission Filed Date: 04/30/2009. Any person desiring to intervene or to Accession Number: 20090501–0147. protest in any of the above proceedings Combined Notice of Filings Comment Date: 5 p.m. Eastern Time must file in accordance with Rules 211 on Tuesday, May 12, 2009. and 214 of the Commission’s Rules of May 5, 2009. Docket Numbers: RP09–556–000. Practice and Procedure (18 CFR 385.211 Take notice that the Commission has Applicants: Texas Gas Transmission, and 385.214) on or before 5 p.m. Eastern received the following Natural Gas LLC. time on the specified comment date. It Pipeline Rate and Refund Report filings: Description: Texas Gas Transmission, is not necessary to separately intervene Docket Numbers: RP09–61–006. LLC submits First Revised Sheet 1900 of again in a subdocket related to a Applicants: Gulf Crossing Pipeline its FERC Gas Tariff, Third Revised compliance filing if you have previously Company LLC. Volume 1, to effective 6/1/09. intervened in the same docket. Protests Description: Gulf Crossing Pipeline Filed Date: 04/30/2009 will be considered by the Commission Company LLC submits amendments to
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interim negotiated rate agreements and Agreements with Baltimore Gas and Description: Cheyenne Plains Gas negotiated rate agreements etc. Electric Company Contract 300184 and Pipeline Company, LLC submits Eighth Filed Date: 05/01/2009. FT Contract 200526 in compliance with Revised Sheet No 20 to its FERC Gas Accession Number: 20090504–0100. FERC’s 4/17/09 Order. Tariff, Original Volume No 1, to be Comment Date: 5 p.m. Eastern Time Filed Date: 05/01/2009. effective 6/1/09. on Wednesday, May 13, 2009. Accession Number: 20090504–0129. Filed Date: 05/01/2009. Docket Numbers: RP96–200–211. Comment Date: 5 p.m. Eastern Time Accession Number: 20090504–0095. Applicants: CenterPoint Energy Gas on Wednesday, May 13, 2009. Comment Date: 5 p.m. Eastern Time Transmission Company. Docket Numbers: RP09–490–001. on Wednesday, May 13, 2009. Description: CenterPoint Energy Gas Applicants: Columbia Gas Docket Numbers: RP09–567–000. Transmission Company submits Transmission, LLC. Applicants: ANR Pipeline Company. negotiated rate agreement between Description: Columbia Gas Description: ANR Pipeline Company CEGT and Shell Energy North America, Transmission, LLC submits First submits Fifth First Revised Sheet No LP. Revised Sheet 517.01 to its FERC Gas 117 to its FERC Gas Tariff, Second Filed Date: 05/01/2009. Tariff, Third Revised Volume 1, to be Revised Volume No 1, to be effective Accession Number: 20090504–0099. effective 6/1/09. 6/1/09. Comment Date: 5 p.m. Eastern Time Filed Date: 05/01/2009. Filed Date: 05/01/2009. on Wednesday, May 13, 2009. Accession Number: 20090504–0130. Accession Number: 20090504–0096. Comment Date: 5 p.m. Eastern Time Docket Numbers: RP96–200–212. Comment Date: 5 p.m. Eastern Time on Wednesday, May 13, 2009. Applicants: CenterPoint Energy Gas on Wednesday, May 13, 2009. Transmission Co. Docket Numbers: RP09–559–000. Description: CenterPoint Energy Gas Applicants: Destin Pipeline Company, Docket Numbers: RP09–568–000. Transmission Co submits a negotiated L.L.C. Applicants: Williston Basin Interstate rate agreement with Oneok Energy Description: Destin Pipeline Co, LLC Pipeline Company. Service Company, LP. submits Fourth Revised Sheet No. 4 to Description: Williston Basin Interstate Filed Date: 05/01/2009. FERC Gas Tariff, Original Volume No. 1 Pipeline Company submits Eighth Accession Number: 20090504–0197. to be effective 6/1/09. Revised Sheet No 176 et al. to its FERC Comment Date: 5 p.m. Eastern Time Filed Date: 05/01/2009. Gas Tariff, Second Revised Volume No on Wednesday, May 13, 2009. Accession Number: 20090501–0134. 1, to be effective 6/1/09. Filed Date: 05/01/2009. Docket Numbers: RP97–28–023. Comment Date: 5 p.m. Eastern Time Applicants: Wyoming Interstate on Wednesday, May 13, 2009. Accession Number: 20090504–0097. Company, Ltd. Docket Numbers: RP09–563–000. Comment Date: 5 p.m. Eastern Time Description: Wyoming Interstate Applicants: MIGC LLC. on Wednesday, May 13, 2009. Company, Ltd submits Fifth Revised Description: MIGC LLC submits First Docket Numbers: RP09–569–000. Sheet 105 to its FERC Gas Tariff, Second Revised Sheet No 84 et al to its FERC Applicants: Northern Natural Gas Revised Volume 1, to be effective 6/1/ Gas Tariff, Second Revised Volume No Company. 09. 1, to be effective 5/31/09. Description: Northern Natural Gas Filed Date: 05/01/2009. Filed Date: 05/01/2009. Company submits 31 Revised Sheet No Accession Number: 20090504–0131. Accession Number: 20090504–0092. 54 et al. to its FERC Gas Tariff, Fifth Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Revised Volume No 1, to be effective on Wednesday, May 13, 2009. on Wednesday, May 13, 2009. 11/1/09. Docket Numbers: RP00–426–045. Docket Numbers: RP09–564–000. Filed Date: 05/01/2009. Applicants: Texas Gas Transmission, Applicants: Empire Pipeline, Inc. Accession Number: 20090504–0091. LLC. Description: Empire Pipeline, Inc Comment Date: 5 p.m. Eastern Time Description: Texas Gas Transmission, submits First Revised Sheet 9 et al to on Wednesday, May 13, 2009. FERC Gas Tariff, Original Volume 1, and LLC submits First Revised Sheet 58 et Docket Numbers: RP09–570–000. FT Service Agreement F11410 with al to its FERC Gas Tariff, Third Revised Applicants: Midcontinent Express Macquarie Cook Energy, LLC, to be Volume 1, to be effective 5/1/09. Pipeline LLC. effective 5/1/09. Filed Date: 05/01/2009. Description: Midcontinent Express Filed Date: 05/01/2009. Accession Number: 20090504–0127. Pipeline, LLC submits amendments to Accession Number: 20090504–0093. Comment Date: 5 p.m. Eastern Time existing negotiated rate Transportation on Wednesday, May 13, 2009. Comment Date: 5 p.m. Eastern Time on Wednesday, May 13, 2009. Rate Schedule FTS Agreement with Docket Numbers: RP00–426–046. Chesapeake Energy Marketing, Inc et al. Applicants: Texas Gas Transmission, Docket Numbers: RP09–565–000. Filed Date: 05/01/2009. LLC. Applicants: Gulfstream Natural Gas Accession Number: 20090504–0132. Description: Texas Gas Transmission, System, L.L.C. Comment Date: 5 p.m. Eastern Time LLC submits First Revised Sheet 61 et Description: Gulfstream Natural Gas on Wednesday, May 13, 2009. al to its FERC Gas Tariff, Third Revised System, LLC submits Tenth Revised Volume 1, to be effective 5/1/09. Sheet No 7 to its FERC Gas Tariff, Docket Numbers: RP09–571–000. Filed Date: 05/01/2009. Original Volume No 1, to be effective Applicants: ANR Pipeline Company. Accession Number: 20090504–0128. 6/1/09. Description: Request for Extension of Comment Date: 5 p.m. Eastern Time Filed Date: 05/01/2009. Time to File Updated System Maps of on Wednesday, May 13, 2009. Accession Number: 20090504–0094. ANR Pipeline Company. Docket Numbers: RP09–461–001. Comment Date: 5 p.m. Eastern Time Filed Date: 04/30/2009. Applicants: Dominion Transmission, on Wednesday, May 13, 2009. Accession Number: 20090430–5471. Inc. Docket Numbers: RP09–566–000. Comment Date: 5 p.m. Eastern Time Description: Dominion Transmission, Applicants: Cheyenne Plains Gas on Tuesday, May 12, 2009. Inc. submits a revised Service Pipeline Company. Docket Numbers: RP09–572–000.
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Applicants: Dominion Transmission, FERC Online links at http:// market-based rate tariff in compliance Inc. www.ferc.gov. To facilitate electronic with Order 697 and 697–A. Description: Dominion Transmission, service, persons with Internet access Filed Date: 04/22/2009. Inc submits Sixteenth Revised Sheet who will eFile a document and/or be Accession Number: 20090423–0012. 1300 et al. to its FERC Gas Tariff, Third listed as a contact for an intervenor Comment Date: 5 p.m. Eastern Time Revised Volume 1. must create and validate an on Wednesday, May 13, 2009. Filed Date: 05/01/2009. eRegistration account using the Docket Numbers: ER06–615–048; Accession Number: 20090504–0133. eRegistration link. Select the eFiling ER08–367–005. Comment Date: 5 p.m. Eastern Time link to log on and submit the Applicants: California Independent on Wednesday, May 13, 2009. intervention or protests. System Operator Corporation. Docket Numbers: RP09–573–000. Persons unable to file electronically Description: California Independent Applicants: Northwest Pipeline GP. should submit an original and 14 copies System Operator Corporation submits Description: Northwest Pipeline, GP of the intervention or protest to the Substitute Second Revised Sheet 490 et submits for acceptance Third Revised Federal Energy Regulatory Commission, al. to its FERC Electric Tariff, Fourth Sheet 396 et al. to its FERC Gas Tariff, 888 First St., NE., Washington, DC Replacement Volume 1. Fourth Revised Volume 1. 20426. Filed Date: 04/24/2009. Filed Date: 05/01/2009. The filings in the above proceedings Accession Number: 20090428–0014. Accession Number: 20090504–0134. are accessible in the Commission’s Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time eLibrary system by clicking on the on Friday, May 15, 2009. on Wednesday, May 13, 2009. appropriate link in the above list. They Docket Numbers: ER06–615–049. are also available for review in the Applicants: California Independent Docket Numbers: RP09–574–000. Commission’s Public Reference Room in System Operator Corporation. Applicants: Colorado Interstate Gas Washington, DC. There is an Description: California Independent Company. eSubscription link on the Web site that System Operator Corporation submits Description: Colorado Interstate Gas enables subscribers to receive e-mail for acceptance 2nd Substitute Second Company submits Seventeenth Revised notification when a document is added Revised Sheet 847 et al. to its FERC Sheet 1 et al to FERC Gas Tariff, First to a subscribed dockets(s). For Electric Tariff, Fourth Replacement Revised Volume 1, to be effective assistance with any FERC Online Volume 11. 6/1/09. service, please e-mail Filed Date: 04/27/2009. Filed Date: 05/01/2009. [email protected] or call Accession Number: 20090428–0017. Accession Number: 20090504–0145. (866) 208–3676 (toll free). For TTY, call Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time (202) 502–8659. on Monday, May 18, 2009. on Wednesday, May 13, 2009. Nathaniel J. Davis, Sr., Docket Numbers: ER06–738–020; Docket Numbers: RP09–575–000. ER06–739–020; ER03–983–019; ER02– Applicants: ANR Pipeline Company. Deputy Secretary. [FR Doc. E9–10833 Filed 5–8–09; 8:45 am] 537–023; ER07–501–019; ER07–758– Description: Operations Purchases 015; ER08–649–012. BILLING CODE 6717–01–P and Sales Report of ANR Pipeline Applicants: Cogen Technologies Company. Linden Venture, L.P., Fox Energy Filed Date: 04/30/2009. DEPARTMENT OF ENERGY Company LLC, Birchwood Power Accession Number: 20090430–5473. Partners, L.P., Inland Empire Energy Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory Center, L.L.C., East Coast Power Liden on Tuesday, May 12, 2009. Commission Holding, LLC, Shady Hills Holding Any person desiring to intervene or to Company, L.L.C., EFS Parlin Holdings, protest in any of the above proceedings Combined Notice of Filings #1 LLC. Description: Notice of Non-Material must file in accordance with Rules 211 April 30, 2009. Change in Status of East Coast Power and 214 of the Commission’s Rules of Take notice that the Commission Liden Holding, LLC, et al. Practice and Procedure (18 CFR 385.211 received the following electric corporate Filed Date: 04/28/2009. and 385.214) on or before 5 p.m. Eastern filings: time on the specified comment date. It Accession Number: 20090428–5134. Docket Numbers: EC09–75–000. is not necessary to separately intervene Comment Date: 5 p.m. Eastern Time Applicants: Red Hills Wind Project, on Tuesday, May 19, 2009. again in a subdocket related to a L.L.C. compliance filing if you have previously Description: Application for Order Docket Numbers: ER08–1209–004. intervened in the same docket. Protests Authorizing Disposition of Applicants: ISO New England Inc. & will be considered by the Commission Jurisdictional Facilities Under Section New England Power Pool. in determining the appropriate action to 203 of the Federal power act of Red Description: ISO New England Inc et be taken, but will not serve to make Hills Wind Project, L.L.C. al. submits Report of Compliance. protestants parties to the proceeding. Filed Date: 04/28/2009. Filed Date: 04/27/2009. Anyone filing a motion to intervene or Accession Number: 20090428–5155. Accession Number: 20090428–0060. protest must serve a copy of that Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time document on the Applicant. In reference on Tuesday, May 19, 2009. on Monday, May 18, 2009. to filings initiating a new proceeding, Take notice that the Commission Docket Numbers: ER08–1398–002. interventions or protests submitted on received the following electric rate Applicants: Smoky Hills Wind Project or before the comment deadline need filings: II, LLC. not be served on persons other than the Docket Numbers: ER03–534–009. Description: Smoky Hills Wind Applicant. Applicants: Ingenco Wholesale Project II, LLC Non-material Change in The Commission encourages Power, LLC. status. electronic submission of protests and Description: Ingenco Wholesale Filed Date: 04/28/2009. interventions in lieu of paper, using the Power, LLC submits a further revised Accession Number: 20090428–5106.
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Comment Date: 5 p.m. Eastern Time Description: PJM Interconnection, Description: Supplemental on Tuesday, May 19, 2009. LLC submits an executed Interim Information of The Detroit Edison Docket Numbers: ER09–75–003. Interconnection Service Agreement etc. Company. Applicants: Pioneer Transmission, Filed Date: 04/27/2009. Filed Date: 04/28/2009. LLC. Accession Number: 20090428–0016. Accession Number: 20090428–5225. Description: Pioneer Transmission, Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time LLC submits compliance filing. on Monday, May 18, 2009. on Friday, May 8, 2009. Filed Date: 04/27/2009. Docket Numbers: ER09–1044–000. Docket Numbers: ES09–28–000. Accession Number: 20090428–0059. Applicants: Northwestern Wisconsin Applicants: Entergy Mississippi, Inc. Comment Date: 5 p.m. Eastern Time Electric Company. Description: Application of Entergy on Monday, May 18, 2009. Description: Northwestern Wisconsin Mississippi, Inc., for Authorization Docket Numbers: ER09–506–000. Electric Company’s submits FERC Rate Under Federal Power Act Section 204. Applicants: Midwest Independent Schedule 2. Filed Date: 04/28/2009. Transmission System Operator, Inc. Filed Date: 04/27/2009. Accession Number: 20090428–5194. Description: Midwest Independent Accession Number: 20090428–0015. Comment Date: 5 p.m. Eastern Time Transmission System Operator, Inc. Comment Date: 5 p.m. Eastern Time on Tuesday, May 19, 2009. submits a response to FERC’s 3/5/09 on Monday, May 18, 2009. Take notice that the Commission letter seeking additional information. Docket Numbers: ER09–1045–000. received the following open access Filed Date: 04/06/2009. Applicants: Unitil Power Corporation. transmission tariff filings: Accession Number: 20090408–0232. Description: Unitil Power Corp. Docket Numbers: OA07–39–004; Comment Date: 5 p.m. Eastern Time submits Amended Unitil System OA08–71–004. on Thursday, May 7, 2009. Agreement, Appendix 1, Section D. Applicants: Xcel Energy Services Inc. Docket Numbers: ER09–585–001. Filed Date: 04/27/2009. Description: Xcel Energy Services Inc. Applicants: PJM Interconnection Accession Number: 20090428–0056. Annual Report of Penalty Assessments L.L.C. Comment Date: 5 p.m. Eastern Time and Distributions in accordance with Description: PJM Interconnection, on Monday, May 18, 2009. Order Nos. 890 and 890–A. LLC submits Substitute Fifth Revised Docket Numbers: ER09–1046–000. Filed Date: 04/28/2009. Sheet 409A et al. to its FERC Electric Applicants: Phelps Dodge Power Accession Number: 20090428–5221. Tariff, Sixth Revised Volume 1. Marketing, LLC. Comment Date: 5 p.m. Eastern Time Filed Date: 04/27/2009. Description: Phelps Dodge Power on Tuesday, May 19, 2009. Accession Number: 20090428–0021. Marketing, LLC submits Notice of Any person desiring to intervene or to Comment Date: 5 p.m. Eastern Time Cancellation of its market-based rate protest in any of the above proceedings on Monday, May 18, 2009. tariff. must file in accordance with Rules 211 Docket Numbers: ER09–701–001. Filed Date: 04/27/2009. and 214 of the Commission’s Rules of Applicants: PJM Interconnection Accession Number: 20090428–0057. Practice and Procedure (18 CFR 385.211 L.L.C. Comment Date: 5 p.m. Eastern Time and 385.214) on or before 5 p.m. Eastern Description: PJM Response to FERC on Monday, May 18, 2009. time on the specified comment date. It Deficiency Letter. Docket Numbers: ER09–1047–000. is not necessary to separately intervene Filed Date: 04/28/2009. Applicants: South Carolina Electric & again in a subdocket related to a Accession Number: 20090428–5214. Gas Company. compliance filing if you have previously Comment Date: 5 p.m. Eastern Time Description: South Carolina Electric & intervened in the same docket. Protests on Tuesday, May 19, 2009. Gas Company submits revisions to will be considered by the Commission Attachment F and Attachment G of in determining the appropriate action to Docket Numbers: ER09–910–000; be taken, but will not serve to make OA09–25–000; TS09–3–000. SCE& G’s Open Access Transmission Tariff. protestants parties to the proceeding. Applicants: Cogen Technologies Anyone filing a motion to intervene or Linden Venture, L.L.P. Filed Date: 04/27/2009. Accession Number: 20090428–0055. protest must serve a copy of that Description: Cogen Technologies document on the Applicant. In reference Linden Venture, LLP submits a Comment Date: 5 p.m. Eastern Time on Monday, May 18, 2009. to filings initiating a new proceeding, supplement to their 3/27/09 filing to interventions or protests submitted on provide additional information re the Docket Numbers: ER09–1062–000. or before the comment deadline need cost support requirements etc. Applicants: Tampa Electric Company. not be served on persons other than the Filed Date: 04/28/2009. Description: Tampa Electric Company Applicant. Accession Number: 20090430–0048. submits revised rate schedule sheets for The Commission encourages Comment Date: 5 p.m. Eastern Time inclusion in the rate schedules electronic submission of protests and on Thursday, May 14, 2009. comprising Tampa Electric’s bilateral interventions in lieu of paper, using the Docket Numbers: ER09–933–001. interchange contracts with 16 other FERC Online links at http:// Applicants: Entergy Services, Inc. utilities. www.ferc.gov. To facilitate electronic Description: Entergy Services, Inc Filed Date: 04/29/2009. service, persons with Internet access submits Original Sheet 23 to its FERC Accession Number: 20090430–0176. who will eFile a document and/or be Electric Rate Schedule 435. Comment Date: 5 p.m. Eastern Time listed as a contact for an intervenor Filed Date: 04/24/2009. on Wednesday, May 20, 2009. must create and validate an Accession Number: 20090424–0126. Take notice that the Commission eRegistration account using the Comment Date: 5 p.m. Eastern Time received the following electric securities eRegistration link. Select the eFiling on Friday, May 15, 2009. filings: link to log on and submit the Docket Numbers: ER09–1043–000. Docket Numbers: ES09–24–000. intervention or protests. Applicants: PJM Interconnection Applicants: The Detroit Edison Persons unable to file electronically L.L.C. Company. should submit an original and 14 copies
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of the intervention or protest to the Entergy Mississippi Inc., Entergy New Regional Entity (Texas RE) filed a joint Federal Energy Regulatory Commission, Orleans, Inc., Entergy Texas, Inc., and settlement agreement that was approved 888 First St., NE., Washington, DC Entergy Gulf States Louisiana, Inc., as by the North American Electric 20426. listed on the Commission list of Reliability Corporation (NERC) Board of The filings in the above proceedings Corporate Officials. Trustees on April 13, 2009. are accessible in the Commission’s Any person desiring to intervene or to Any person desiring to intervene or to eLibrary system by clicking on the protest this filing must file in appropriate link in the above list. They accordance with Rules 211 and 214 of protest this filing must file in are also available for review in the the Commission’s Rules of Practice and accordance with Rules 211 and 214 of Commission’s Public Reference Room in Procedure (18 CFR 385.211, 385.214). the Commission’s Rules of Practice and Washington, DC There is an Protests will be considered by the Procedure (18 CFR 385.211, 385.214). eSubscription link on the Web site that Commission in determining the Protests will be considered by the enables subscribers to receive e-mail appropriate action to be taken, but will Commission in determining the notification when a document is added not serve to make protestants parties to appropriate action to be taken, but will to a subscribed dockets(s). For the proceeding. Any person wishing to not serve to make protestants parties to assistance with any FERC Online become a party must file a notice of the proceeding. Any person wishing to service, please e-mail intervention or motion to intervene, as become a party must file a notice of [email protected]. or call appropriate. The Respondent’s answer intervention or motion to intervene, as (866) 208–3676 (toll free). For TTY, call and all interventions, or protests must appropriate. Such notices, motions, or (202) 502–8659. be filed on or before the comment date. protests must be filed on or before the The Respondent’s answer, motions to Nathaniel J. Davis, Sr., comment date. On or before the intervene, and protests must be served comment date, it is not necessary to Deputy Secretary. on the Complainants. serve motions to intervene or protests [FR Doc. E9–10824 Filed 5–8–09; 8:45 am] The Commission encourages on persons other than the Applicant. BILLING CODE 6717–01–P electronic submission of protests and interventions in lieu of paper using the The Commission encourages ‘‘eFiling’’ link at http://www.ferc.gov. electronic submission of protests and DEPARTMENT OF ENERGY Persons unable to file electronically interventions in lieu of paper using the should submit an original and 14 copies ‘‘eFiling’’ link at http://www.ferc.gov. Federal Energy Regulatory Persons unable to file electronically Commission of the protest or intervention to the Federal Energy Regulatory Commission, should submit an original and 14 copies [Docket No. EL09–50–000] 888 First Street, NE., Washington, DC of the protest or intervention to the 20426. Federal Energy Regulatory Commission, Louisiana Public Service Commission, This filing is accessible on-line at 888 First Street, NE., Washington, DC Complainant v. Entergy Corporation, http://www.ferc.gov, using the 20426. Entergy Services, Inc., Entergy ‘‘eLibrary’’ link and is available for This filing is accessible on-line at Louisiana, LLC, Entergy Arkansas, review in the Commission’s Public Inc., Entergy Mississippi, Inc., Entergy http://www.ferc.gov, using the Reference Room in Washington, DC. ‘‘eLibrary’’ link and is available for New Orleans, Inc., Entergy Gulf States There is an ‘‘eSubscription’’ link on the Louisiana, Inc., Entergy Texas, Inc., review in the Commission’s Public Web site that enables subscribers to Reference Room in Washington, DC. Respondents; Notice of Complaint receive e-mail notification when a There is an ‘‘eSubscription’’ link on the document is added to a subscribed May 4, 2009. Web site that enables subscribers to docket(s). For assistance with any FERC Take notice that on May 1, 2009, the receive e-mail notification when a Louisiana Public Service Commission Online service, please e-mail [email protected], or call document is added to a subscribed (Louisiana Commission) filed a formal docket(s). For assistance with any FERC complaint against Entergy Corp., (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Online service, please e-mail Entergy Services, Inc., Entergy [email protected], or call Louisiana, LLC, Entergy Arkansas, Inc., Comment Date: 5 p.m. Eastern Time on May 21, 2009. (866) 208–3676 (toll free). For TTY, call Entergy Mississippi Inc., Entergy New (202) 502–8659. Orleans, Inc., Entergy Texas, Inc., and Kimberly D. Bose, Comment Date: 5 p.m. Eastern Time Entergy Gulf States Louisiana, Inc., Secretary. on May 12, 2009. pursuant to section 206 of the Federal [FR Doc. E9–10857 Filed 5–8–09; 8:45 am] Power Act 16 U.S.C. 824e and 18 CFR BILLING CODE 6717–01–P Kimberly D. Bose, 386.206, alleging that Entergy Services, Inc. has included in the Opinion No. Secretary. [FR Doc. E9–10844 Filed 5–8–09; 8:45 am] 480 bandwidth calculation unjust, DEPARTMENT OF ENERGY unreasonable, unduly discriminatory, BILLING CODE 6717–01–P and imprudently incurred amounts. The Federal Energy Regulatory Louisiana Commission also requests a Commission change to the MSS–3 bandwidth [Docket No. RC08–7–001] formula to directly assign the Waterford sale/leaseback ADIT, along with other Constellation Energy Commodities related costs, to production. Group, Inc.; Notice of Filing The Louisiana Commission certifies that copies of the complaint were served May 4, 2009. on the contacts for System Entergy Take notice that on April 21, 2009, Corp., Entergy Services, Inc., Entergy Constellation Energy Commodities Louisiana, LLC, Entergy Arkansas, Inc., Group (Constellation) and the Texas
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ENVIRONMENTAL PROTECTION Do not submit information that you the system, select ‘‘search,’’ then key in AGENCY consider to be CBI or otherwise the docket ID number identified in this protected through http:// document. [EPA–HQ–OAR–2009–0295; FRL–8902–9] www.regulations.gov or e-mail. The What Information is EPA Particularly http://www.regulations.gov Web site is Agency Information Collection Interested in? Activities; Proposed Collection; an ‘‘anonymous access’’ system, which Comment Request; Rule for the means EPA will not know your identity Pursuant to section 3506(c)(2)(A) of Inclusion of Delaware and New Jersey or contact information unless you the PRA, EPA specifically solicits in the Clean Air Insterstate Rule—Final provide it in the body of your comment. comments and information to enable it Rule; EPA ICR No. 2184.03, OMB If you send an e-mail comment directly to: Control No. 2060–0584 to EPA without going through http:// (i) Evaluate whether the proposed www.regulations.gov your e-mail collection of information is necessary AGENCY: Environmental Protection address will be automatically captured for the proper performance of the Agency (EPA). and included as part of the comment functions of the Agency, including ACTION: Notice. that is placed in the public docket and whether the information will have made available on the Internet. If you practical utility; SUMMARY: In compliance with the submit an electronic comment, EPA (ii) Evaluate the accuracy of the Paperwork Reduction Act (PRA) (44 recommends that you include your Agency’s estimate of the burden of the U.S.C. 3501 et seq.), this document name and other contact information in proposed collection of information, announces that EPA is planning to the body of your comment and with any including the validity of the submit a request to renew an existing disk or CD–ROM you submit. If EPA methodology and assumptions used; approved Information Collection cannot read your comment due to Request (ICR) to the Office of technical difficulties and cannot contact (iii) Enhance the quality, utility, and Management and Budget (OMB). This you for clarification, EPA may not be clarity of the information to be ICR is scheduled to expire on July 31, able to consider your comment. collected; and 2009. Before submitting the ICR to OMB Electronic files should avoid the use of (iv) Minimize the burden of the for review and approval, EPA is special characters, any form of collection of information on those who soliciting comments on specific aspects encryption, and be free of any defects or are to respond, including through the of the proposed information collection viruses. For additional information use of appropriate automated electronic, as described below. about EPA’s public docket visit the EPA mechanical, or other technological DATES: Comments must be submitted on Docket Center homepage at http:// collection techniques or other forms of or before July 10, 2009. www.epa.gov/epahome/dockets.htm. information technology, e.g., permitting ADDRESSES: Submit your comments, FOR FURTHER INFORMATION CONTACT: electronic submission of responses. In identified by Docket ID No. EPA–HQ– Karen VanSickle, Clean Air Markets particular, EPA is requesting comments OAR–2009–0295 by one of the following Division, Office of Air and Radiation, from very small businesses (those that methods: (6204J), Environmental Protection employ less than 25) on examples of • http://www.regulations.gov: Follow Agency, 1200 Pennsylvania Ave., NW., specific additional efforts that EPA the on-line instructions for submitting Washington, DC 20460; telephone could make to reduce the paperwork comments. number: (202) 343–9220; fax number: burden for very small businesses • E-mail: a-and-r- (202) 343–2361; e-mail address: affected by this collection. [email protected]. [email protected]. What Should I Consider when I Prepare • Fax: (202) 566–1741. SUPPLEMENTARY INFORMATION: My Comments for EPA? • Mail: Air and Radiation Docket and Information Center, Environmental How Can I Access the Docket and/or You may find the following Protection Agency, Mailcode: 6102T, Submit Comments? suggestions helpful for preparing your 1200 Pennsylvania Ave., NW., EPA has established a public docket comments: Washington, DC 20460. for this ICR under Docket ID No. EPA– 1. Explain your views as clearly as • Hand Delivery: Environmental HQ–OAR–2009–0295, which is possible and provide specific examples. Protection Agency, EPA Docket Center available for online viewing at http:// 2. Describe any assumptions that you (EPA/DC), EPA West, Room 3334, 1301 www.regulations.gov, or in person used. Constitution Ave., NW., Washington, viewing at the Air and Radiation Docket 3. Provide copies of any technical DC 20004. Such deliveries are only in the EPA Docket Center (EPA/DC), information and/or data you used that accepted during the Docket’s normal EPA West, Room 3334, 1301 support your views. hours of operation, and special Constitution Ave., NW., Washington, 4. If you estimate potential burden or arrangements should be made for DC. The EPA/DC Public Reading Room costs, explain how you arrived at the deliveries of boxed information. is open from 8:30 a.m. to 4:30 p.m., estimate that you provide. Instructions: Direct your comments to Monday through Friday, excluding legal Docket ID No. EPA–HQ–OAR–2009– holidays. The telephone number for the 5. Offer alternative ways to improve 0295. EPA’s policy is that all comments Reading Room is 202–566–1744, and the the collection activity. received will be included in the public telephone number for the Air and 6. Make sure to submit your docket without change and may be Radiation Docket is 202–566–1742. comments by the deadline identified made available online at http:// Use http://www.regulations.gov to under DATES. www.regulations.gov, including any obtain a copy of the draft collection of 7. To ensure proper receipt by EPA, personal information provided, unless information, submit or view public be sure to identify the docket ID number the comment includes information comments, access the index listing of assigned to this action in the subject claimed to be Confidential Business the contents of the docket, and to access line on the first page of your response. Information (CBI) or other information those documents in the public docket You may also provide the name, date, whose disclosure is restricted by statute. that are available electronically. Once in and Federal Register citation.
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What Information Collection Activity or response. Burden means the total time, ENVIRONMENTAL PROTECTION ICR Does this Apply to? effort, or financial resources expended AGENCY Affected entities: Entities potentially by persons to generate, maintain, retain, [FRL–8903–2] affected by this action are Delaware and or disclose or provide information to or New Jersey air pollution control for a Federal agency. This includes the Clean Air Act Operating Permit agencies. time needed to review instructions; Program; Petition for Objection to Title: Inclusion of Delaware and New develop, acquire, install, and utilize State Operating Permit for CEMEX, Jersey in the Clean Air Interstate Rule. technology and systems for the purposes Inc.—Lyons Cement Plant ICR numbers: EPA ICR No. 2184.03, of collecting, validating, and verifying AGENCY: Environmental Protection OMB Control No. 2060–0584. information, processing and Agency (EPA). ICR status: This ICR is currently maintaining information, and disclosing ACTION: Notice of final action. scheduled to expire on July 31, 2009. and providing information; adjust the An Agency may not conduct or sponsor, existing ways to comply with any SUMMARY: This document announces and a person is not required to respond previously applicable instructions and that the EPA Administrator has to, a collection of information, unless it requirements which have subsequently responded to a citizen petition asking displays a currently valid OMB control changed; train personnel to be able to EPA to object to an operating permit number. The OMB control numbers for respond to a collection of information; issued by the Colorado Department of EPA’s regulations in title 40 of the CFR, search data sources; complete and Public Health and Environment after appearing in the Federal Register review the collection of information; (CDPHE). Specifically, the when approved, are listed in 40 CFR and transmit or otherwise disclose the Administrator has partially granted and part 9, are displayed either by information. partially denied the March 21, 2008 publication in the Federal Register or petition, submitted by Rocky Mountain by other appropriate means, such as on The ICR provides a detailed Clean Air Action (Petitioner), to object the related collection instrument or explanation of the Agency’s estimate, to the March 1, 2008 operating permit form, if applicable. The display of OMB which is only briefly summarized here: issued to CEMEX, Inc. to operate the control numbers in certain EPA Estimated total number of potential Lyons Cement Plant. regulations is consolidated in 40 CFR respondents: 2. Pursuant to section 505(b)(2) of the part 9. Frequency of response: Varies by task. Clean Air Act (Act), Petitioners may Abstract: The United States (U.S.) seek judicial review of those portions of Environmental Protection Agency (EPA) Estimated total average number of the petitions, which EPA denied in the has a final Rule to add the States of responses for each respondent: 370. United States Court of Appeals for the Delaware and New Jersey to the States Estimated total annual burden hours: appropriate circuit. Any petition for that are subject to the Clean Air 2,452 hours. review shall be filed within 60 days Interstate Rule (CAIR) because of their from the date this notice appears in the Estimated total annual costs: PM2.5 impact on other States and to Federal Register, pursuant to section $262,772.80. This includes an estimated require that Delaware and New Jersey 307 of the Act. burden cost of $242,593.80 and an report all of the emissions related data ADDRESSES: You may review copies of estimated cost of $20,179.00 for capital required by CAIR. (Delaware and New the final order, the petition, and other investment or maintenance and Jersey are already affected by ozone- supporting information at the EPA related requirements in CAIR.) These operational costs. Region 8 Office, 1595 Wynkoop Street, emissions data reporting requirements What is the Next Step in the Process for Denver, Colorado 80202–1129. EPA include new reporting requirements and this ICR? requests that if at all possible, you combine these new requirements with contact the individual listed in the FOR existing requirements from the EPA will consider the comments FURTHER INFORMATION CONTACT section to Consolidated Emissions Reporting Rule received and amend the ICR as view the copies of the final order, the (CERR), the Emission Reporting appropriate. The final ICR package will petition, and other supporting Requirements for Ozone State then be submitted to OMB for review information. You may view the hard Implementation Plan (SIP) Revisions and approval pursuant to 5 CFR copies Monday through Friday, 8 a.m. to
Relating to Statewide Budgets for NOX 1320.12. At that time, EPA will issue 4 p.m., excluding Federal holidays. If Emissions to Reduce Regional Transport another Federal Register notice you wish to examine these documents, of Ozone (NO SIP Call), the Acid Rain X pursuant to 5 CFR 1320.5(a)(1)(iv) to you should make an appointment at Program under Title IV of the CAA announce the submission of the ICR to least 24 hours before visiting day. Amendments of 1990, and the Rule to Additionally, the final order for CEMEX, Reduce Interstate Transport of Fine OMB and the opportunity to submit additional comments to OMB. If you Inc, is available electronically at: Particulate Matter and Ozone (Clean Air http://www.epa.gov/region07/programs/ Interstate Rule, CAIR). Each of these have any questions about this ICR or the approval process, please contact the artd/air/title5/petitiondb/petitions/ four existing requirements has an cemex_response2009.pdf approved ICR in place. The current ICRs technical person listed under FOR are: for the CERR, ICR #0916.10 (OMB FURTHER INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Donald Law, Office of Partnerships and 2060–0088), for the NOX SIP Call, ICR Dated: May 4, 2009. Regulatory Assistance, EPA, Region 8, #1857.03 (OMB 2060–0445), for the Janice K. Wagner, Acid Rain Program, ICR #1633.13 (OMB 1595 Wynkoop Street, Denver, Colorado 2060–0258), and for CAIR, ICR #2152.01 Acting Director, Clean Air Markets Division, 80202–1129, (303) 312–7015, Office and Air and Radiation. (OMB 2060–0570). [email protected]. [FR Doc. E9–10965 Filed 5–8–09; 8:45 am] Burden Statement: The annual public SUPPLEMENTARY INFORMATION: The Act reporting and recordkeeping burden for BILLING CODE 6560–50–P affords EPA a 45-day period to review, this collection of information is and object to as appropriate, a Title V estimated to average 741 hours per operating permit proposed by State
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permitting authorities. Section 505(b)(2) and Lowest Achievable Emission Rate explains the reasons behind EPA’s of the Act authorizes any person to (LAER) consistent with the Prevention conclusion to partially grant and petition the EPA Administrator, within of Significant Deterioration (PSD) and partially deny the petition for objection. 60 days after the expiration of this the Nonattainment New Source Review Dated: May 1, 2009. review period, to object to a Title V (NA NSR) provisions. In addition, the Stephen S. Tuber, operating permit if EPA has not done so. Petitioner alleges that the Title V permit Acting Regional Administrator, Region 8. Petitions must be based only on fails to include a compliance plan to objections to the permit that were raised bring the plant into compliance with [FR Doc. E9–10966 Filed 5–8–09; 8:45 am] with reasonable specificity during the emission limits that represent BACT BILLING CODE 6560–50–P public comment period provided by the and LAER. The Petitioner alleges a State, unless the petitioner demonstrates compliance plan is necessary and cites that it was impracticable to raise these to the Notice of Violation (NOV) EPA FEDERAL COMMUNICATIONS issues during the comment period or the issued to CEMEX on March 28, 2007. COMMISSION grounds for the issues arose after this EPA issued the NOV to CEMEX alleging period. violations, in part, of regulations for Meetings; Sunshine Act On March 21, 2008, EPA received a PSD and NA NSR. Second, the May 6, 2009. petition from Rocky Mountain Clean Air Petitioner raises several allegations of Action requesting that EPA object to the PSD and NSR violations in addition to FCC To Hold Open Commission issuance of the Title V operating permit those alleged in the EPA NOV. Meeting, Wednesday, May 13, 2009 to CEMEX, Inc. for the operation of the Specifically, Petitioner alleged that The Federal Communications Lyons Cement Plant. First, the Petitioner there were six kiln modifications and Commission will hold an Open Meeting alleges that the CEMEX, Inc. Lyons three dryer modifications that violated on the subjects listed below on Cement Plant modified the Plant PSD and NA NSR requirements. Wednesday, May 13, 2009, which is without including emission limits and On April 20, 2009, the Administrator scheduled to commence at 10 a.m. in standards that represent Best issued an order partially granting and Room TW–C305, at 445 12th Street, Achievable Control Technology (BACT) partially denying the petition. The order SW., Washington, DC.
Item No. Bureau Subject
1 Office of Managing Director ...... Title: Assessment and Collection of Regulatory Fees for Fiscal Year 2009 (MD Docket No. 08–65). Summary: The Commission will consider a Notice of Proposed Rulemaking and Order that seeks comment on the collection of regulatory fees for Fiscal Year 2009 and pro- poses adjustments to the existing regulatory fee schedule contained in Section 9 of the Communications Act. 2 Wireline Competition...... Title: IP–Enabled Services (WC Docket No. 04–36). Summary: The Commission will consider a Report and Order concerning the requirements of interconnected VoIP providers when discontinuing service. 3 Wireline Competition...... Title: Local Number Portability Porting Interval and Validation Requirements (WC Docket No. 07–244); Telephone Number Portability (CC Docket No. 95–116). Summary: The Commission will consider a Report and Order and Further Notice of Pro- posed Rulemaking concerning the interval for porting a customer’s telephone number in response to wireline-to-wireline and intermodal port requests.
The meeting site is fully accessible to of Media Relations, (202) 418–0500; format and alternative media, including people using wheelchairs or other TTY 1–888–835–5322. Audio/Video large print/type; digital disk; and audio mobility aids. Sign language coverage of the meeting will be and video tape. Best Copy and Printing, interpreters, open captioning, and broadcast live with open captioning Inc. may be reached by e-mail at assistive listening devices will be over the Internet from the FCC’s Audio/ [email protected]. provided on site. Other reasonable Video Events Web page at http:// accommodations for people with www.fcc.gov/realaudio. Federal Communications Commission. disabilities are available upon request. For a fee this meeting can be viewed William F. Caton, Include a description of the live over George Mason University’s Deputy Secretary. accommodation you will need. Also Capitol Connection. The Capitol [FR Doc. E9–11065 Filed 5–7–09; 4:15 pm] include a way we can contact you if we Connection also will carry the meeting BILLING CODE 6712–01–P need more information. Last minute live via the Internet. To purchase these requests will be accepted, but may be services call (703) 993–3100 or go to impossible to fill. Send an e-mail to http://www.capitolconnection.gmu.edu. [email protected] or call the Consumer & Copies of materials adopted at this Governmental Affairs Bureau at 202– meeting can be purchased from the 418–0530 (voice), 202–418–0432 (tty). FCC’s duplicating contractor, Best Copy Additional information concerning and Printing, Inc. (202) 488–5300; Fax this meeting may be obtained from (202) 488–5563; TTY (202) 488–5562. Audrey Spivack or David Fiske, Office These copies are available in paper
* The summaries listed in this notice are intended may also be considered at such meetings. interpreted to limit the Commission’s authority to for the use of the public attending open Consequently these summaries should not be consider any relevant information. Commission meetings. Information not summarized
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FEDERAL TRADE COMMISSION Because paper mail addressed to the D.C. 20580, (202) 326-3321 or (202) 326- FTC is subject to delay due to 3043. [File No. 072 3108] heightened security screening, please SUPPLEMENTARY INFORMATION: Pursuant James B. Nutter & Company; Analysis consider submitting your comments in to section 6(f) of the Federal Trade of Proposed Consent Order to Aid electronic form. Comments filed in Commission Act, 38 Stat. 721, 15 U.S.C. Public Comment electronic form should be submitted by 46(f), and § 2.34 the Commission Rules using the following weblink: (https:// of Practice, 16 CFR 2.34, notice is AGENCY: Federal Trade Commission. secure.commentworks.com/ftc-nutter) hereby given that the above-captioned ACTION: Proposed Consent Agreement. (and following the instructions on the consent agreement containing a consent web-based form). To ensure that the order to cease and desist, having been SUMMARY: The consent agreement in this Commission considers an electronic filed with and accepted, subject to final matter settles alleged violations of comment, you must file it on the web- approval, by the Commission, has been federal law prohibiting unfair or based form at the weblink: (https:// placed on the public record for a period deceptive acts or practices or unfair secure.commentworks.com/ftc-nutter). If of thirty (30) days. The following methods of competition. The attached this Notice appears at (http:// Analysis to Aid Public Comment Analysis to Aid Public Comment www.regulations.gov/search/index.jsp), describes the terms of the consent describes both the allegations in the you may also file an electronic comment agreement, and the allegations in the complaint and the terms of the consent through that website. The Commission complaint. An electronic copy of the order—embodied in the consent will consider all comments that full text of the consent agreement agreement—that would settle these regulations.gov forwards to it. You may package can be obtained from the FTC allegations. also visit the FTC website at http:// Home Page (for May 5, 2009), on the www.ftc.gov/ to read the Notice and the DATES: Comments must be received on World Wide Web, at (http:// news release describing it. or before June 8, 2009. www.ftc.gov/os/actions.shtm). A paper A comment filed in paper form copy can be obtained from the FTC ADDRESSES: Interested parties are should include the ‘‘Nutter, File No. 072 Public Reference Room, Room 130-H, invited to submit written comments 3108’’ reference both in the text and on 600 Pennsylvania Avenue, NW, electronically or in paper form. the envelope, and should be mailed or Washington, D.C. 20580, either in Comments should refer to ‘‘Nutter, File delivered to the following address: person or by calling (202) 326-2222. No. 072 3108’’ to facilitate the Federal Trade Commission, Office of the Public comments are invited, and may organization of comments. Please note Secretary, Room H-135 (Annex D), 600 be filed with the Commission in either that your comment—including your Pennsylvania Avenue, NW, Washington, paper or electronic form. All comments name and your state—will be placed on DC 20580. The FTC is requesting that should be filed as prescribed in the the public record of this proceeding, any comment filed in paper form be sent ADDRESSES section above, and must be including on the publicly accessible by courier or overnight service, if received on or before the date specified FTC website, at (http://www.ftc.gov/os/ possible, because U.S. postal mail in the in the DATES section. publiccomments.shtm). Washington area and at the Commission Because comments will be made is subject to delay due to heightened Analysis of Agreement Containing public, they should not include any security precautions. Consent Order to Aid Public Comment sensitive personal information, such as The Federal Trade Commission Act The Federal Trade Commission has an individual’s Social Security Number; (‘‘FTC Act’’) and other laws the accepted, subject to final approval, a date of birth; driver’s license number or Commission administers permit the consent agreement from James B. Nutter other state identification number, or collection of public comments to & Company (‘‘JBN’’). foreign country equivalent; passport consider and use in this proceeding as The proposed consent order has been number; financial account number; or appropriate. The Commission will placed on the public record for thirty credit or debit card number. Comments consider all timely and responsive (30) days for receipt of comments by also should not include any sensitive public comments that it receives, interested persons. Comments received health information, such as medical whether filed in paper or electronic during this period will become part of records or other individually form. Comments received will be the public record. After thirty (30) days, identifiable health information. In available to the public on the FTC the Commission will again review the addition, comments should not include website, to the extent practicable, at agreement and the comments received, any ‘‘[t]rade secret or any commercial or (http://www.ftc.gov/os/ and will decide whether it should financial information which is obtained publiccomments.shtm). As a matter of withdraw from the agreement and take from any person and which is privileged discretion, the Commission makes every appropriate action or make final the or confidential. . . .,’’ as provided in effort to remove home contact agreement’s proposed order. Section 6(f) of the FTC Act, 15 U.S.C. information for individuals from the The Commission’s proposed 46(f), and Commission Rule 4.10(a)(2), public comments it receives before complaint alleges that JBN is in the 16 CFR 4.10(a)(2). Comments containing placing those comments on the FTC business of making and servicing material for which confidential website. More information, including mortgage loans throughout the United treatment is requested must be filed in routine uses permitted by the Privacy states. In doing so, JBN routinely obtains paper form, must be clearly labeled Act, may be found in the FTC’s privacy information from or about its customers, ‘‘Confidential,’’ and must comply with policy, at (http://www.ftc.gov/ftc/ including, but not limited to, name; FTC Rule 4.9(c), 16 CFR 4.9(c).1 privacy.shtm). address; Social Security number; FOR FURTHER INFORMATION CONTACT: financial information; employment 1 The comment must be accompanied by an Alain Sheer or Loretta H. Garrison, history; credit scores; and information explicit request for confidential treatment, Bureau of Consumer Protection, 600 contained in credit reports. including the factual and legal basis for the request, The complaint further alleges that JBN and must identify the specific portions of the Pennsylvania Avenue, NW, Washington, comment to be withheld from the public record. engaged in a number of practices that, The request will be granted or denied by the applicable law and the public interest. See FTC taken together, failed to provide Commission’s General Counsel, consistent with Rule 4.9(c), 16 CFR 4.9(c). reasonable and appropriate security for
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sensitive information from consumers comprehensive information security Parts IV through VIII of the proposed and employees, in violation of the program that is reasonably designed to order are reporting and compliance Gramm-Leach-Bliley (‘‘GLB’’) Act protect the security, confidentiality, and provisions. Part IV requires JBN to Safeguards Rule. In particular, JBN: (1) integrity of such information (whether retain documents relating to its did not develop, implement, and in paper or electronic format) from or compliance with the order. For most maintain a comprehensive written about consumers. The security program records, the order requires that the information security program; (2) did must contain administrative, technical, documents be retained for a five-year not implement reasonable policies and and physical safeguards appropriate to period. For the third-party assessments procedures in areas such as employee JBN’s size and complexity, the nature and supporting documents, JBN must training; (3) stored personal information and scope of its activities, and the retain the documents for a period of in clear text on its computer network; sensitivity of the information collected three years after the date that each (4) did not employ sufficient measures from or about consumers and assessment is prepared. Part V requires to prevent or detect unauthorized access employees. Specifically, the order dissemination of the order now and in to personal information on its computer requires JBN to: the future to persons with network or to conduct security ∑ Designate an employee or responsibilities relating to the subject investigations; (5) did not assess risks to employees to coordinate and be matter of the order. Part VI ensures personal information it collected and accountable for the information security notification to the FTC of changes in stored on its computer network and in program. company status. Part VII mandates that ∑ paper files; and (6) provided back-up Identify material internal and JBN submit a compliance report to the tapes containing personal information external risks to the security, FTC within 60 days, and periodically in clear text to a third party service confidentiality, and integrity of thereafter as requested. Part VIII is a provider but did not require the service customer information that could result provision ‘‘sunsetting’’ the order after provider by contract to protect the in the unauthorized disclosure, misuse, twenty (20) years, with certain security and confidentiality of the loss, alteration, destruction, or other exceptions. information. compromise of such information, and The purpose of this analysis is to According to the complaint, JBN’s assess the sufficiency of any safeguards facilitate public comment on the practices violated the Safeguards Rule in place to control these risks. ∑ proposed order. It is not intended to by, among other things, failing to: (1) Design and implement reasonable constitute an official interpretation of develop, implement, and maintain a safeguards to control the risks identified the proposed order or to modify its comprehensive written information through risk assessment, and regularly terms in any way. By direction of the security program; (2) identify reasonably test or monitor the effectiveness of the Commission. foreseeable internal and external risks to safeguards’ key controls, systems, and the security, confidentiality, and procedures. Donald S. Clark integrity of customer information; (3) ∑ Develop and use reasonable steps to Secretary. design and implement information select and retain service providers [FR Doc. E9–10959 Filed 5–8–09: 8:45 am] safeguards to control the risks to capable of appropriately safeguarding BILLING CODE: 6750–01–S customer information and regularly test personal information they receive from and monitor them; (4) investigate, JBN and require service providers by evaluate, and adjust the information contract to implement and maintain DEPARTMENT OF DEFENSE security program in light of known or appropriate safeguards. identified risks; and (5) oversee service ∑ Evaluate and adjust its information GENERAL SERVICES providers and require them by contract security programs in light of the results ADMINISTRATION to implement safeguards to protect of testing and monitoring, any material respondent’s customer information. changes to operations or business NATIONAL AERONAUTICS AND In addition, the proposed complaint arrangements, or any other SPACE ADMINISTRATION alleges that JBN disseminated privacy circumstances that it knows or has notices that did not comply with the reason to know may have material [OMB Control No. 9000–0055] impact on its information security GLB Privacy Rule. In particular: (1) JBN Federal Acquisition Regulation; program. began providing notices in 2004 even Submission for OMB Review; Freight Part II of the order prohibits JBN from though under the Rule notices were to Classification Description be provided starting on July 1, 2001; and violating any provision of the GLB (2) the notices it provided did not: set Safeguards Rule and Privacy Rule. AGENCIES: Department of Defense (DOD), out its security practices; accurately Part III of the proposed order requires General Services Administration (GSA), describe that customer information JBN to obtain within one year, and on and National Aeronautics and Space would be disclosed to third parties; or a biennial basis thereafter for a period Administration (NASA). accurately inform customers that they of ten (10) years, an assessment and ACTION: Notice of request for public could exercise their opt-out rights at any report from a qualified, objective, comments regarding an extension to an time during the course of their loans. independent third-party professional, existing OMB clearance. The proposed order applies to certifying, among other things, that: (1) personal information from or about it has in place a security program that SUMMARY: Under the provisions of the consumers that JBN collects in provides protections that meet or exceed Paperwork Reduction Act of 1995 (44 connection with its lending business. the protections required by Part I of the U.S.C. Chapter 35), the Federal The proposed order contains provisions proposed order; and (2) its security Acquisition Regulation (FAR), designed to prevent the company from program is operating with sufficient Regulatory Secretariat (VPR) will be engaging in the future in practices effectiveness to provide reasonable submitting to the Office of Management similar to those alleged in the assurance that the security, and Budget (OMB) a request to review complaint. confidentiality, and integrity of and approve an extension of a currently Part I of the proposed order requires sensitive consumer and employee approved information collection JBN to establish and maintain a information has been protected. requirement concerning Freight
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Classification Description. A request for Freight Classification Description, in all OMB, Room 10236, NEOB, Washington, public comments was published in the correspondence. DC 20503, and send a copy to the Federal Register at 73 FR 74711, on Dated: May 5, 2009. Regulatory Secretariat (VPR), 1800 F December 9, 2008. No comments were Al Matera, Street, NW., Room 4041, Washington, received. Public comments are DC 20405. Please cite OMB Control No. Director, Office of Acquisition Policy. particularly invited on: Whether this 9000–0057, Evaluation of Export Offers collection of information is necessary; [FR Doc. E9–10974 Filed 5–8–09; 8:45 am] in all correspondence. BILLING CODE 6820–EP–P whether it will have practical utility; FOR FURTHER INFORMATION CONTACT: Ms. whether our estimate of the public Jeritta Parnell, Procurement Analyst, burden of this collection of information DEPARTMENT OF DEFENSE Contract Policy Division, GSA, (202) is accurate and based on valid 501–4082. assumptions and methodology; ways to GENERAL SERVICES SUPPLEMENTARY INFORMATION: enhance the quality, utility, and clarity ADMINISTRATION of the information to be collected; and A. Purpose ways in which we can minimize the NATIONAL AERONAUTICS AND Offers submitted in response to burden of the collection of information SPACE ADMINISTRATION Government solicitations must be on those who are to respond, through evaluated and awards made on the basis [OMB Control No. 9000–0057] the use of appropriate technological of the lowest laid down cost to the collection techniques or other forms of Federal Acquisition Regulation; Government at the overseas port of information technology. Submission for OMB Review; discharge, via methods and ports DATES: Submit comments on or before Evaluation of Export Offers compatible with required delivery dates June 10, 2009. and conditions affecting transportation ADDRESSES: Submit comments regarding AGENCY: Department of Defense (DOD), known at the time of evaluation. Offers this burden estimate or any other aspect General Services Administration (GSA), are evaluated on the basis of shipment of this collection of information, and National Aeronautics and Space through the port resulting in the lowest including suggestions for reducing this Administration (NASA). cost to the Government. This provision burden to: General Services ACTION: Notice of request for public collects information regarding the Administration (GSA) Desk Officer, comments regarding an extension to an vendor’s preference for delivery ports. OMB, Room 10236, NEOB, Washington, existing OMB clearance. The information is used to evaluate DC 20503, and a copy to the General offers and award a contract based on the Services Administration, Regulatory SUMMARY: Under the provisions of the lowest cost to the Government. Secretariat (VPR), 1800 F Street, NW., Paperwork Reduction Act of 1995 (44 B. Annual Reporting Burden Room 4041, Washington, DC 20405. U.S.C. Chapter 35), the Federal Please cite OMB Control No. 9000–0055, Acquisition Regulation (FAR), Respondents: 100. Freight Classification Description, in all Regulatory Secretariat (VPR) will be Responses per Respondent: 4. correspondence. submitting to the Office of Management Annual Responses: 400. and Budget (OMB) a request to review FOR FURTHER INFORMATION CONTACT: Ms. Hours per Response: 25. and approve an extension of a currently Jeritta Parnell, Procurement Analyst, Total Burden Hours: 100. approved information collection Contract Policy Division, at (202) 501– Obtaining Copies of Proposals: requirement concerning Evaluation of 4082. Requesters may obtain a copy of the Export Offers. A request for public information collection documents from SUPPLEMENTARY INFORMATION: comments was published in the Federal the General Services Administration, A. Purpose Register at 73 FR 76003, December 15, Regulatory Secretariat (VPR), 1800 F 2008. No comments were received. Street, NW., Room 4041, Washington, When the Government purchases Public comments are particularly supplies that are new to the supply DC 20405, telephone (202) 501–4755. invited on: Whether this collection of Please cite OMB Control No. 9000–0057, system, nonstandard, or modifications information is necessary; whether it will of previously shipped items, and Evaluation of Export Offers in all have practical utility; whether our correspondence. different freight classifications may estimate of the public burden of this apply, offerors are requested to indicate collection of information is accurate, Dated: May 5, 2009. the full Uniform Freight Classification and based on valid assumptions and Al Matera, or National Motor Freight Classification. methodology; ways to enhance the Director, Office of Acquisition Policy. The information is used to determine quality, utility, and clarity of the [FR Doc. E9–10948 Filed 5–8–09; 8:45 am] the proper freight rate for the supplies. information to be collected; and ways in BILLING CODE 6820–EP–P B. Annual Reporting Burden which we can minimize the burden of the collection of information on those Respondents: 2,640. who are to respond, through the use of GENERAL SERVICES Responses per Respondent: 3. ADMINISTRATION Annual Responses: 7,920. appropriate technological collection Hours per Response: .167. techniques or other forms of information Total Burden Hours: 1,323. technology. [OMB Control No. 3090–0007] DATES: Submit comments on or before Obtaining Copies of Proposals: General Services Administration June 10, 2009. Requesters may obtain a copy of the Acquisition Regulation; Submission information collection documents from ADDRESSES: Submit comments regarding for OMB Review; GSA Form 527, the General Services Administration, this burden estimate or any other aspect Contractor’s Qualifications and Regulatory Secretariat (VPR), 1800 F of this collection of information, Financial Information Street, NW., Room 4041, Washington, including suggestions for reducing this DC 20405, telephone (202) 501–4755. burden to: General Services AGENCY: Office of the Chief Finance Please cite OMB Control No. 9000–0055, Administration (GSA) Desk Officer, Officer, GSA.
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ACTION: Notice of request for comments information collection documents from 533–6800 (this is not a toll-free regarding a renewal to an existing OMB the General Services Administration, number). Information requests can also clearance. Regulatory Secretariat (VPR), 1800 F be submitted by e-mail to Street, NW., Room 4041, Washington, [email protected]. SUMMARY: Under the provisions of the DC 20405, telephone (202) 501–4755. Paperwork Reduction Act of 1995 (44 Please cite OMB Control No. 3090–0007, Christine M. Branche, U.S.C. Chapter 35), the General Services GSA Form 527, Contractor’s Acting Director, National Institute for Administration will be submitting to the Qualifications and Financial Occupational Safety and Health. Office of Management and Budget Information, in all correspondence. [FR Doc. E9–10828 Filed 5–8–09; 8:45 am] (OMB) a request to review and approve BILLING CODE 4163–19–P Dated: April 29, 2009. a renewal of a currently approved information collection requirement Casey Coleman, regarding GSA Form 527, Contractor’s Chief Information Officer. DEPARTMENT OF HEALTH AND Qualifications and Financial [FR Doc. E9–10949 Filed 5–8–09; 8:45 am] HUMAN SERVICES Information. A request for public BILLING CODE 6820–34–P comments was published in the Federal Food and Drug Administration Register at 73 FR 79130, December 24, [Docket No. FDA–2009–N–0031] 2008. No comments were received. DEPARTMENT OF HEALTH AND Public comments are particularly HUMAN SERVICES Agency Information Collection invited on: Whether this collection of Activities; Submission for Office of information is necessary and whether it National Institute for Occupational Management and Budget Review; will have practical utility; whether our Safety and Health; Final Effect of Comment Request; Substances estimate of the public burden of this Designation of a Class of Employees Generally Recognized as Safe: collection of information is accurate, for Addition to the Special Exposure Notification Procedure and based on valid assumptions and Cohort AGENCY: Food and Drug Administration, methodology; ways to enhance the AGENCY: National Institute for HHS. quality, utility, and clarity of the Occupational Safety and Health ACTION: Notice. information to be collected. (NIOSH), Department of Health and DATES: Submit comments on or before: Human Services (HHS). SUMMARY: The Food and Drug June 10, 2009. ACTION: Notice. Administration (FDA) is announcing FOR FURTHER INFORMATION CONTACT: that a proposed collection of SUMMARY: Norma Tolson, Accountant, Office of the HHS gives notice concerning information has been submitted to the Chief Financial Officer, Office of the final effect of the HHS decision to Office of Management and Budget Finance, at (202) 208–0584 or via email designate a class of employees at the (OMB) for review and clearance under to [email protected]. Hood Building in Cambridge, the Paperwork Reduction Act of 1995. Massachusetts, as an addition to the ADDRESSES: Submit comments regarding Special Exposure Cohort (SEC) under DATES: Fax written comments on the this burden estimate or any other aspect the Energy Employees Occupational collection of information by June 10, of this collection of information, Illness Compensation Program Act of 2009. including suggestions for reducing this 2000. On March 31, 2009, as provided ADDRESSES: To ensure that comments on burden to the GSA Desk Officer, OMB, for under 42 U.S.C. 7384q(b), the the information collection are received, Room 10236, NEOB, Washington, DC Secretary of HHS designated the OMB recommends that written 20503, and a copy to the Regulatory following class of employees as an comments be faxed to the Office of Secretariat (VPR), General Services addition to the SEC: Information and Regulatory Affairs, Administration, 1800 F Street, NW., All employees of the DOE, its predecessor OMB, Attn: FDA Desk Officer, FAX: Room 4041, Washington, DC 20405. 202–395–6974, or e-mailed to Please cite OMB Control Number 3090– agencies, and their contractors and subcontractors who worked in the Hood [email protected]. All 0007, GSA Form 527, Contractor’s Building in Cambridge, Massachusetts, from comments should be identified with the Qualifications and Financial May 9, 1946 through December 31, 1963, for OMB control number 0910–0342. Also Information, in all correspondence. a number of work days aggregating at least include the FDA docket number found SUPPLEMENTARY INFORMATION: 250 work days, occurring either solely under this employment or in combination with in brackets in the heading of this A. Purpose work days within the parameters established document. for one or more other classes of employees FOR FURTHER INFORMATION CONTACT: GSA Form 527 is used to determine included in the SEC. the financial capability of prospective Jonna Capezzuto, Office of Information contractors as to whether they meet the This designation became effective on Management (HFA–710), Food and Drug financial responsibility standards in April 30, 2009, as provided for under 42 Administration, 5600 Fishers Lane, accordance with the Federal Acquisition U.S.C. 7384l(14)(C). Hence, beginning Rockville, MD 20857, 301–796–3794. Regulation and the General Services on April 30, 2009, members of this class SUPPLEMENTARY INFORMATION: In Administration Acquisition Manual. of employees, defined as reported in compliance with 44 U.S.C. 3507, FDA this notice, became members of the has submitted the following proposed B. Annual Reporting Burden Special Exposure Cohort. collection of information to OMB for Respondents: 2,940. FOR FURTHER INFORMATION CONTACT: review and clearance. Responses per Respondent: 1.2. Larry Elliott, Director, Office of Total Responses: 3,528. Compensation Analysis and Support, Substances Generally Recognized as Hours per Response: 2.5. National Institute for Occupational Safe: Notification Procedure—(OMB Total Burden Hours: 8,820. Safety and Health (NIOSH), 4676 Control Number 0910–0342)—Extension Obtaining Copies of Proposals: Columbia Parkway, MS C–46, Section 409 of the Federal Food, Drug, Requesters may obtain a copy of the Cincinnati, OH 45226, Telephone 513– and Cosmetic Act (the act) (21 U.S.C.
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348) establishes a premarket approval approval requirements based on a accessible file; the entire GRAS notice requirement for ‘‘food additives;’’ determination that such use is GRAS (62 would be publicly available consistent section 201(s) of the act (21 U.S.C. 321) FR 18938, April 17, 1997). Proposed with the Freedom of Information Act provides an exemption from the §§ 170.36 and 570.36 provide a standard and other Federal disclosure statutes. definition off ‘‘food additive’’ and thus format for the voluntary submission of Description of Respondents: from the premarket approval a notice. The notice would include a Manufacturers of Substances Used in requirement, for uses of substances that detailed summary of the data and Food and Feed. are Generally Recognized as Safe information that support the GRAS In the Federal Register of February (GRAS) by qualified experts. In April determination, and the notifier would 11, 2009 (74 FR 6894), FDA published 1997, FDA proposed a voluntary maintain a record of such data and a 60-day notice requesting public procedure whereby manufacturers information. FDA would make the comment on the information collection would notify FDA about a view that a information describing the subject of the provisions. No comments were received. particular use (or uses) of a substance is GRAS notice, and the agency’s response FDA estimates the burden of this not subject to the statutory premarket to the notice, available in a publicly collection of information as follows:
TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1
No. of Annual Frequency Total Annual Hours per 21 CFR Section Respondents per Response Responses Response Total Hours
170.36 25 1 25 150 3,750
570.36 5 1 5 150 750
Total 4,500 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1
Annual Frequency 21 CFR Section No. of per Total Annual Hours per Total Hours Recordkeepers Recordkeeping Records Record
170.36(c)(v) 25 1 25 15 375
570.36(c)(v) 5 1 5 15 75
Total 450 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
In the proposed rule, FDA estimated Dated: May 4, 2009. instruments, call 404–639–5960 and that the Center for Food Safety and Jeffrey Shuren send comments to Maryam I. Daneshvar, Applied Nutrition (CFSAN) would Associate Commissioner for Policy. CDC Acting Reports Clearance Officer, receive approximately 50 GRAS notices [FR Doc. E9–10964 Filed 5–8–09; 8:45 am] 1600 Clifton Road, MS–D74, Atlanta, per year and that the Center for BILLING CODE 4160–01–S GA 30333 or send an e-mail to Veterinary Medicine (CVM) would [email protected]. receive approximately 10 GRAS notices Comments are invited on: (a) Whether per year. Although FDA requested DEPARTMENT OF HEALTH AND the proposed collection of information comment on this estimate, the HUMAN SERVICES is necessary for the proper performance comments did not provide useful of the functions of the agency, including Centers for Disease Control and information regarding this issue. whether the information shall have Prevention Therefore, FDA evaluated the number of practical utility; (b) the accuracy of the agency’s estimate of the burden of the notices received by CFSAN to date. [60Day–09–0733] CFSAN received 274 GRAS notices proposed collection of information; (c) ways to enhance the quality, utility, and during the 11–year period from 1998 Proposed Data Collections Submitted clarity of the information to be through 2008, for an average of for Public Comment and Recommendations collected; and (d) ways to minimize the approximately 25 GRAS notices per burden of the collection of information year. Based on this experience, FDA is In compliance with the requirement on respondents, including through the revising its estimate of the annual of Section 3506(c)(2)(A) of the use of automated collection techniques number of GRAS notices submitted to Paperwork Reduction Act of 1995 for or other forms of information CFSAN to be 25 or less. FDA also is opportunity for public comment on technology. Written comments should revising its estimate of the annual proposed data collection projects, the be received within 60 days of this number of GRAS notices submitted to Centers for Disease Control and notice. CVM to be 5 or less. Prevention (CDC) will publish periodic Proposed Project summaries of proposed projects. To request more information on the CDC Early Hearing Detection and proposed projects or to obtain a copy of Intervention Hearing Screening and the data collection plans and Follow-up Survey, OMB #0920–0733—
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Revision—National Center on Birth receiving recommended screening and territories. The request to complete this Defects and Developmental Disabilities follow-up services, documenting the survey is planned to be disseminated to (NCBDDD), Centers for Disease Control occurrence and etiology of differing respondents via an e-mail, which will and Prevention (CDC). degrees of HL among infants, and include a summary of the request and determining the overall impact of infant Background and Brief Description other relevant information. Minor HL on future outcomes, such as changes to this survey, based on The National Center on Birth Defects cognitive development, and family respondent feedback, are planned in and Developmental Disabilities at CDC dynamics. These data will also assist order to make the survey easier to promotes the health of babies, children, state Early Hearing Detection and complete and further improve data and adults with disabilities. As part of Intervention (EHDI) programs with quality. These changes include splitting these efforts the Center is actively quality improvement activities and the previously combined questions involved in addressing hearing loss (HL) provide information that will be helpful about the number of infants that died among newborns and infants. HL is a in assessing the impact of federal and parents refused into two separate common birth defect that affects initiatives. The public will be able to questions, adding a question about how approximately 12,000 infants each year access this information via the CDC many infants with hearing loss are and, when left undetected, can result in EHDI Web site (http://www.cdc.gov/ receiving only monitoring services, developmental delays. As awareness ncbddd/ehdi/data.htm). about infant HL increases, so does the Given the lack of a standardized and simplifying the table for reporting type demand for accurate information about readily accessible source of data, the and severity of hearing loss data, and rates of screening, referral, loss to CDC EHDI program developed a survey expanding the maternal race categories follow-up, and incidence. This to be used annually that utilizes in the demographic section. information is important for helping to uniform definitions to collect aggregate, There are no costs to the respondents ensure infants and children are standardized EHDI data from states and other than their time.
ESTIMATED ANNUALIZED BURDEN HOURS
Average Number of Number of burden per Total burden Respondents respondents responses per response (in hours) respondent (in hours)
State and territory EHDI Program Coordinators ...... 53 1 4 212
Dated: May 5, 2009. Proposed Project services, in order to inform the Marilyn S. Radke, Multi-site HIV Testing in Community development of optimal prevention Reports Clearance Officer, Centers for Disease Mental Health Settings Serving African interventions for persons with severe Control and Prevention. Americans—New—National Center for mental illness. Staff at selected [FR Doc. E9–10937 Filed 5–8–09; 8:45 am] HIV, Viral Hepatitis, STD and TB implementation sites will offer testing for HIV to clients and administer a brief BILLING CODE 4163–18–P Prevention (NCHHSTP), Centers for Disease Control and Prevention (CDC). survey to assess risk behaviors, previous access to similar testing services, and Background and Brief Description DEPARTMENT OF HEALTH AND mental health symptoms. This project HUMAN SERVICES People with severe mental illness, will collect data from clients using brief including those with substance use surveys administered on a voluntary Centers for Disease Control and disorders, are at increased risk of basis. Collection of data will provide Prevention infection with human information on client demographics; immunodeficiency virus (HIV) when current behaviors that may facilitate HIV transmission, including sexual and [30Day–09–08BL] compared with the general population. However, not enough is known about drug-use behaviors; current psychiatric Agency Forms Undergoing Paperwork the risk behaviors, willingness to be symptoms, determined using brief rating scales; access and barriers to HIV Reduction Act Review tested for HIV, and prevalence of HIV among persons with severe mental testing, prevention, and treatment The Centers for Disease Control and illness. In addition, the interrelations services; and adherence to psychiatric and medical treatment regimens. CDC is Prevention (CDC) publishes a list of among diagnosis of HIV, compliance requesting approval for a 2-year information collection requests under with medical care, subsequent risk clearance for data collection. Data will review by the Office of Management and behaviors, and the course of mental illness have not been well-described. be collected in 6 sites which provide Budget (OMB) in compliance with the mental health services. Paperwork Reduction Act (44 U.S.C. Mental health clinics are an important Chapter 35). To request a copy of these setting for testing and promoting The goal will be to approach 716 requests, call the CDC Reports Clearance prevention efforts against the persons annually for participation in the transmission of HIV. study and interview a total of 600 Officer at (404) 639–5960 or send an e- The objectives of this project are to (1) persons. Based on the University of mail to [email protected]. Send written demonstrate improved access to HIV Pennsylvania’s prior experience comments to CDC Desk Officer, Office of testing and linkage to care in working in mental health settings, it is Management and Budget, Washington, participating mental health care settings estimated that of the 716 approached for DC or by fax to (202) 395–6974. Written and (2) describe the relationship participation in the study, the response comments should be received within 30 between mental illness, HIV risk rate will be approximately 90%. Of the days of this notice. behaviors, and access to testing and 644 persons approached who agree to be
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surveyed, it is estimated that 95% of 300 in each of the two project areas of psychiatric illness and risk behaviors for persons will meet the eligibility criteria Baltimore and Philadelphia. The HIV. and 98% will be able to provide structured interview will take There is no cost to the respondents informed consent, as determined by the approximately 20 minutes to complete. other than their time. The total consent comprehension test. Therefore, Participation is voluntary. Data annualized burden hours are 313. the goal will be to interview a sample collection will provide important of 600 persons annually for two years; insights into the relationship between
ESTIMATED ANNUALIZED BURDEN HOURS
Average Number of Number of burden per Type of respondent Form name respondents responses per response respondent (in hours)
Approached individual ...... Eligibility Screener ...... 644 1 1/60 Eligible participant ...... Consent Questionnaire ...... 612 1 10/60 Consented participant ...... Core Questionnaire ...... 600 1 20/60
Dated: May 5, 2009. this notice. The statement should include the Agenda: To review and evaluate grant Marilyn S. Radke, name, address, telephone number and when applications. applicable, the business or professional Place: Hyatt Regency Bethesda, One Acting Reports Clearance Officer, Centers for affiliation of the interested person. Bethesda Metro Center, 7400 Wisconsin Disease Control and Prevention. (Catalogue of Federal Domestic Assistance Avenue, Bethesda, MD 20814. [FR Doc. E9–10938 Filed 5–8–09; 8:45 am] Program Nos. 93.306, Comparative Medicine; Contact Person: Philippe Marmillot, PhD, BILLING CODE 4163–18–P 93.333, Clinical Research, 93.306, 93.333, National Institutes of Health, National 93.337, 93.393–93.396, 93.837–93.844, Institute on Alcohol Abuse and Alcoholism, 93.846–93.878, 93.892, 93.893, National 5635 Fishers Lane, Rm 2017, Bethesda, MD DEPARTMENT OF HEALTH AND Institutes of Health, HHS) 20892, 301–443–2861, [email protected]. HUMAN SERVICES Dated: May 04, 2009. (Catalogue of Federal Domestic Assistance National Institutes of Health Jennifer Spaeth, Program Nos. 93.271, Alcohol Research Director, Office of Federal Advisory Career Development Awards for Scientists Center for Scientific Review; Notice of Committee Policy. and Clinicians; 93.272, Alcohol National Meeting [FR Doc. E9–10781 Filed 5–8–09; 8:45 am] Research Service Awards for Research BILLING CODE 4140–01–M Training; 93.891, Alcohol Research Center Pursuant to section 10(a) of the Grants, National Institutes of Health, HHS) Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is Dated: May 4, 2009. DEPARTMENT OF HEALTH AND Jennifer Spaeth, hereby given of a meeting of the HUMAN SERVICES National Institutes of Health Peer Director, Office of Federal Advisory Committee Policy. Review Advisory Committee. National Institutes of Health The meeting will be open to the [FR Doc. E9–10786 Filed 5–8–09; 8:45 am] public, with attendance limited to space National Institute on Alcohol Abuse BILLING CODE 4140–01–M available. Individuals who plan to and Alcoholism; Notice of Closed attend and need special assistance, such Meeting as sign language interpretation or other DEPARTMENT OF HEALTH AND reasonable accommodations, should Pursuant to section 10(d) of the HUMAN SERVICES notify the Contact Person listed below Federal Advisory Committee Act, as National Institutes of Health in advance of the meeting. amended (5 U.S.C. App.), notice is hereby given of the following meeting. Name of Committee: National Institutes of The meeting will be closed to the Center for Scientific Review; Notice of Health Peer Review Advisory Committee. public in accordance with the Closed Meetings Date: June 8, 2009. provisions set forth in sections Time: 8:30 a.m. to 5 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Pursuant to section 10(d) of the Agenda: Provide technical and scientific Federal Advisory Committee Act, as advice and recommendations to the NIH as amended. The grant applications and the discussions could disclose amended (5 U.S.C. App.), notice is Director, the Deputy Director for Extramural hereby given of the following meetings. Research, and the Director of the Center for confidential trade secrets or commercial Scientific Review (CSR) on all procedures property such as patentable material, The meetings will be closed to the and policies related to the process of peer and personal information concerning public in accordance with the review by which the scientific and technical individuals associated with the grant provisions set forth in sections merit of NIH grant applications is assessed. applications, the disclosure of which 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Place: Hilton Washington/Rockville, 1750 would constitute a clearly unwarranted as amended. The grant applications and Rockville Pike, Rockville, MD 20852. invasion of personal privacy. the discussions could disclose Contact Person: Cheryl A. Kitt, PhD, Center confidential trade secrets or commercial for Scientific Review, National Institutes of Name of Committee: National Institute on property such as patentable material, Health, 6701 Rockledge Drive, Room 3030, Alcohol Abuse and Alcoholism Special MSC 7776, Bethesda, MD 20892, 301–435– Emphasis Panel; RFA–AA–09–006— and personal information concerning 1112, [email protected]. Mechanism of Alcohol-Induced Organ individuals associated with the grant Any interested person may file written Damage (R01). applications, the disclosure of which comments with the committee by forwarding Date: July 13–14, 2009. would constitute a clearly unwarranted the statement to the Contact Person listed on Time: 8 a.m. to 5 p.m. invasion of personal privacy.
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Name of Committee: Center for Scientific Time: 8:30 a.m. to 5 p.m. Review Group, Neurogenesis and Cell Fate Review Special Emphasis Panel, BMBI– Agenda: To review and evaluate grant Study Section. NANO Competitive Revisions SEP. applications. Date: June 4–5, 2009. Date: May 21, 2009. Place: Beacon Hotel and Corporate Time: 8 a.m. to 5 p.m. Time: 8 a.m. to 5 p.m. Quarters, 1615 Rhode Island Avenue, NW., Agenda: To review and evaluate grant Agenda: To review and evaluate grant Washington, DC 20036. applications. applications. Contact Person: Kathryn M. Koeller, PhD, Place: The Fairmont Washington, DC, 2401 Place: Hilton Old Town Alexandria, 1767 Scientific Review Officer, Center for M Street, NW., Washington, DC 20037. King Street, Alexandria, VA 22314. Scientific Review, National Institutes of Contact Person: Lawrence Baizer, PhD, Contact Person: Steven J. Zullo, PhD, Health, 6701 Rockledge Drive, Room 4166, Scientific Review Officer, Center for Scientific Review Officer, Center for MSC 7806, Bethesda, MD 20892, 301–435– Scientific Review, National Institutes of Scientific Review, National Institutes of 2681, [email protected]. Health, 6701 Rockledge Drive, Room 4152, Health, 6701 Rockledge Drive, Room 5146, Name of Committee: Center for Scientific MSC 7850, Bethesda, MD 20892, (301) 435– MSC 7849, Bethesda, MD 20892, 301–435– Review Special Emphasis Panel, Arthritis, 1257, [email protected]. 2810, [email protected]. Connective Tissue and Skin ARRA CR. Name of Committee: Healthcare Delivery This notice is being published less than 15 Date: June 2, 2009. and Methodologies, Nursing Science: days prior to the meeting due to the timing Time: 11 a.m. to 6 p.m. Children and Families Study Section. limitations imposed by the review and Agenda: To review and evaluate grant Date: June 4, 2009. funding cycle. applications. Time: 8 a.m. to 2 p.m. Name of Committee: Oncology 2— Place: Sheraton Columbia Hotel, 10207 Agenda: To review and evaluate grant Translational Clinical Integrated Review Wincopin Circle, Columbia, MD 21044. applications. Group, Drug Discovery and Molecular Contact Person: Aftab A. Ansari, PhD, Place: Residence Inn Bethesda, 7335 Pharmacology Study Section. Scientific Review Officer, Center for Wisconsin Avenue, Bethesda, MD 20814. Date: May 28–29, 2009. Scientific Review, National Institutes of Contact Person: Melinda Tinkle, PhD, Time: 8 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 4108, Scientific Review Officer, Center for MSC 7814, Bethesda, MD 20892, 301–594– Agenda: To review and evaluate grant Scientific Review, National Institutes of 6376, [email protected]. applications. Health, 6701 Rockledge Drive, Room 3141, Place: Mayflower Park Hotel, 405 Olive Name of Committee: Center for Scientific MSC 7770, Bethesda, MD 20892, (301) 594– Way, Seattle, WA 98101. Review Special Emphasis Panel, Behavior 6594, [email protected]. Medicine: ARRA Renewal Applications. Contact Person: Hungyi Shau, PhD, Name of Committee: Molecular, Cellular Scientific Review Officer, Center for Date: June 2, 2009. Time: 12 p.m. to 5 p.m. and Developmental Neuroscience, Integrated Scientific Review, National Institutes of Review Group, Cellular and Molecular Health, 6701 Rockledge Drive, Room 6214, Agenda: To review and evaluate grant applications. Biology of Glia Study Section. MSC 7804, Bethesda, MD 20892, 301–435– Date: June 4–5, 2009. 1720, [email protected]. Place: Hotel Rouge, 1315 16th Street, NW., Washington, DC 20036. Time: 8 a.m. to 4 p.m. This notice is being published less than 15 Contact Person: Lee S. Mann, PhD, Agenda: To review and evaluate grant days prior to the meeting due to the timing Scientific Review Officer, Center for applications. limitations imposed by the review and Scientific Review, National Institutes of Place: Hyatt Regency Bethesda, One funding cycle. Health, 6701 Rockledge Drive, Room 3186, Bethesda Metro Center, 7400 Wisconsin Name of Committee: Center for Scientific MSC 7848, Bethesda, MD 20892, 301–435– Avenue, Bethesda, MD 20814. Review Special Emphasis Panel, SAT 0677, [email protected]. Contact Person: Toby Behar, PhD, Member Conflict. Name of Committee: Center for Scientific Scientific Review Officer, Center for Date: June 1, 2009. Review Special Emphasis Panel, VACC, Scientific Review, National Institutes of Time: 2 p.m. to 5 p.m. ADDI, ACE and AlP Member Conflicts. Health, 6701 Rockledge Drive, Room 4136, Agenda: To review and evaluate grant Date: June 3, 2009. MSC 7850, Bethesda, MD 20892, (301) 435– applications. Time: 11 a.m. to 1 p.m. 4433, [email protected]. Place: National Institutes of Health, 6701 Agenda: To review and evaluate grant Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892. applications. Review Special Emphasis Panel, Structural (Virtual Meeting). Place: National Institutes of Health, 6701 Biology Applications. Contact Person: Roberto J. Matus, MD, Rockledge Drive, Bethesda, MD 20892. Date: June 4–5, 2009. Scientific Review Officer, Center for (Virtual Meeting) Time: 8 a.m. to 5 p.m. Scientific Review, National Institutes of Contact Person: Eduardo A. Montalvo, Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5108, PhD, Scientific Review Officer, Center for applications. MSC 7854, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of Place: Georgetown Suites, 1000 29th Street, 2204, [email protected]. Health, 6701 Rockledge Drive, Room 5212, NW., Washington, DC 20007. Name of Committee: Healthcare Delivery MSC 7852, Bethesda, MD 20892, (301) 435– Contact Person: Arnold Revzin, PhD, and Methodologies, Nursing Science: Adults 1168, [email protected]. Scientific Review Officer, Center for and Older Adults Study Section. Name of Committee: Center for Scientific Scientific Review, National Institutes of Date: June 2–3, 2009. Review Special Emphasis Panel, Topics in Health, 6701 Rockledge Drive, Room 4146, Time: 8 a.m. to 1 p.m. Bacterial Pathogenesis. MSC 7806, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant Date: June 3, 2009. 1153, [email protected]. applications. Time: 1 p.m. to 4 p.m. Name of Committee: Molecular, Cellular Place: Residence Inn Bethesda, 7335 Agenda: To review and evaluate grant and Developmental Neuroscience, Integrated Wisconsin Avenue, Bethesda, MD 20814. applications. Review Group, Neural Oxidative Metabolism Contact Person: Melinda Tinkle, PhD, Place: National Institutes of Health, 6701 and Death Study Section. Scientific Review Officer, Center for Rockledge Drive, Bethesda, MD 20892. Date: June 4–5, 2009. Scientific Review, National Institutes of (Telephone Conference Call) Time: 8 a.m. to 4 p.m. Health, 6701 Rockledge Drive, Room 3141, Contact Person: Rolf Menzel, PhD, Agenda: To review and evaluate grant MSC 7770, Bethesda, MD 20892, (301) 594– Scientific Review Officer, Center for applications. 6594, [email protected]. Scientific Review, National Institutes of Place: Hilton Washington DC/Silver Name of Committee: Biological Chemistry Health, 6701 Rockledge Drive, Room 3196, Spring, 8727 Colesville Road, Silver Spring, and Macromolecular Biophysics, Integrated MSC 7808, Bethesda, MD 20892, 301–435– MD 20910. Review Group, Synthetic and Biological 0952, [email protected]. Contact Person: Carol Hamelink, PhD, Chemistry B Study Section. Name of Committee: Molecular, Cellular Scientific Review Officer, Center for Date: June 2–3, 2009. and Developmental Neuroscience Integrated Scientific Review, National Institutes of
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Health, 6701 Rockledge Drive, Room 5040H, Place: Hyatt Regency Bethesda, One DEPARTMENT OF HEALTH AND MSC 7850, Bethesda, MD 20892, (301) 451– Bethesda Metro Center, 7400 Wisconsin HUMAN SERVICES 1328, [email protected]. Avenue, Bethesda, MD 20814. Name of Committee: Molecular, Cellular Contact Person: Guangyong Ji, PhD, National Institutes of Health and Developmental Neuroscience Integrated Scientific Review Officer, Center for Review Group, Neurotransporters, Receptors, Eunice Kennedy Shriver National and Calcium Signaling Study Section. Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3211, Institute of Child Health & Human Date: June 4–5, 2009. Development; Notice of Meeting Time: 8 a.m. to 5 p.m. MSC 7808, Bethesda, MD 20892, 301–435– Agenda: To review and evaluate grant 1227, [email protected]. Pursuant to section 10(d) of the applications. Name of Committee: Center for Scientific Federal Advisory Committee Act, as Place: The Westin St. Francis Hotel, 335 Review Special Emphasis Panel, NSCF amended (5 U.S.C. App.), notice is Powell Street, San Francisco, CA 94102. Revisions. Contact Person: Peter B. Guthrie, PhD, hereby given of a meeting of the Board Scientific Review Officer, Center for Date: June 4, 2009. of Scientific Counselors, NICHD. Scientific Review, National Institutes of Time: 2 p.m. to 5 p.m. The meeting will be open to the Health, 6701 Rockledge Drive, Room 4182, Agenda: To review and evaluate grant public as indicated below, with MSC 7850, Bethesda, MD 20892, (301) 435– applications. attendance limited to space available. 1239, [email protected]. Place: Residence Inn Bethesda, 7335 Individuals who plan to attend and Name of Committee: Biological Chemistry Wisconsin Avenue, Bethesda, MD 20814. need special assistance, such as sign and Macromolecular Biophysics, Integrated Contact Person: Melinda Tinkle, PhD, language interpretation or other Review Group, Macromolecular Structure Scientific Review Officer, Center for reasonable accommodations, should and Function E Study Section. Scientific Review, National Institutes of Date: June 4, 2009. notify the Contact Person listed below Time: 8 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 3141, in advance of the meeting. Agenda: To review and evaluate grant MSC 7770, Bethesda, MD 20892, (301) 594– The meeting will be closed to the applications. 6594, [email protected]. public as indicated below in accordance Place: Holiday Inn Georgetown, 2101 Name of Committee: Center for Scientific with the provisions set forth in section Wisconsin Avenue, NW., Washington, DC Review Special Emphasis Panel, MABS 552b(c)(6), Title 5 U.S.C., as amended 20007. Competitive Revision Review Meeting. for the review, discussion, and Contact Person: Nitsa Rosenzweig, PhD, Date: June 4, 2009. evaluation of individual intramural Scientific Review Officer, Center for Scientific Review, National Institutes of Time: 6 p.m. to 9 p.m. programs and projects conducted by the Health, 6701 Rockledge Drive, Room 1102, Agenda: To review and evaluate grant Eunice Kennedy Shriver National MSC 7760, Bethesda, MD 20892, (301) 435– applications. Institute of Child Health & Human 1747, [email protected]. Place: Churchill Hotel, 1914 Connecticut Development, including consideration Name of Committee: Biological Chemistry Avenue, NW., Washington, DC 20009. of personnel qualifications and and Macromolecular Biophysics, Integrated Contact Person: Raymond Jacobson, PhD, performance, and the competence of Review Group, Macromolecular Structure Scientific Review Officer, Center for individual investigators, the disclosure and Function C Study Section. Scientific Review, National Institutes of of which would constitute a clearly Date: June 4–5, 2009. Health, 6701 Rockledge Drive, MSC 7849, unwarranted invasion of personal Time: 8 a.m. to 5 p.m. Agenda: To review and evaluate grant Bethesda, MD 20892 301–435– privacy. applications. 0483,[email protected]. Name of Committee: Board of Scientific Place: Georgetown Suites, 1000 29th Street, Name of Committee: Musculoskeletal, Oral Counselors, NICHD. NW., Washington, DC 20007. and Skin Sciences Integrated Review Group, Date: June 5, 2009. Contact Person: William A. Greenberg, Musculoskeletal Rehabilitation Sciences Open: 8 a.m. to 11:30 a.m. PhD, Scientific Review Officer, Center for Study Section. Agenda: A report by the Scientific Director, Scientific Review, National Institutes of Date: June 4–5, 2009. NICHD, on the status of the NICHD Division Health, 6701 Rockledge Dr., Room 4168, MSC of Intramural Research. Time: 8 p.m. to 5 p.m. 7806, Bethesda, MD 20892, (301) 435–1726, Place: National Institutes of Health, Agenda: To review and evaluate grant [email protected]. Building 31, 9000 Rockville Pike, Room Name of Committee: Musculoskeletal, Oral applications. 2A48, Bethesda, MD 20892. and Skin Sciences Integrated Review Group, Place: Hilton Alexandria Old Town, 1767 Closed: 11:30 a.m. to 4 p.m. Skeletal Muscle and Exercise Physiology King Street, Washington/Jefferson, Agenda: To review and evaluate personal Study Section. Alexandria, VA 22314. qualifications and performance, and Date: June 4–5, 2009. Contact Person: Jo Pelham, BA, Scientific competence of individual investigators. Time: 8 a.m. to 5 p.m. Place: National Institutes of Health, Agenda: To review and evaluate grant Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Building 31, 9000 Rockville Pike, Room applications. 2A48, Bethesda, MD 20892. Drive, Room 4102, MSC 7814, Bethesda, MD Place: The Westin St. Francis, 335 Powell Contact Person: Owen M. Rennert, MD, Street, San Francisco, CA 94102. 20892, (301) 435–1786, [email protected]. Scientific Director, National Institute of Child Contact Person: Daniel F. McDonald, PhD, (Catalogue of Federal Domestic Assistance Health, and Human Development, 9000 Scientific Review Officer, Center for Program Nos. 93.306, Comparative Medicine; Rockville Pike, Building 31, Room 2A50, Scientific Review, National Institutes of 93.333, Clinical Research, 93.306, 93.333, Bethesda, MD 20892. (301) 496–2133. Health, 6701 Rockledge Drive, Room 4110, 93.337, 93.393–93.396, 93.837–93.844, [email protected]. MSC 7814, Bethesda, MD 20892, (301) 435– 93.846–93.878, 93.892, 93.893, National Any interested person may file written 1215,[email protected]. Institutes of Health, HHS) comments with the committee by forwarding Name of Committee: Infectious Diseases the statement to the Contact Person listed on and Microbiology Integrated Review Group, Dated: May 4, 2009. this notice. The statement should include the Drug Discovery and Mechanisms of Jennifer Spaeth, name, address, telephone number and when applicable, the business or professional Antimicrobial Resistance Study Section. Director, Office of Federal Advisory affiliation of the interested person. Date: June 4–5, 2009. Committee Policy. Time: 8:30 a.m. to 5 p.m. In the interest of security, NIH has Agenda: To review and evaluate grant [FR Doc. E9–10785 Filed 5–8–09; 8:45 am] instituted stringent procedures for entrance applications. BILLING CODE 4140–01–M onto the NIH campus. All visitor vehicles,
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including taxicabs, hotel, and airport shuttles and Clinicians; 93.272, Alcohol National 372–1216. For questions on viewing the will be inspected before being allowed on Research Service Awards for Research docket call Renee V. Wright, Program campus. Visitors will be asked to show one Training; 93.273, Alcohol Research Programs; Manager, Docket Operations, telephone form of identification (for example, a 93.891, Alcohol Research Center Grants, 202–366–9826. government-issued photo ID, driver’s license, National Institutes of Health, HHS) or passport) and to state the purpose of their SUPPLEMENTARY INFORMATION: Dated: May 4, 2009. visit. Background Information is also available on the Jennifer Spaeth, Institute’s/Center’s home page: http:// Director, Office of Federal Advisory This notice is issued under the www.nichd.nih.gov/about/bsd/htm, where an Committee Policy. authority of 46 U.S.C. 3306, which agenda and any additional information for [FR Doc. E9–10783 Filed 5–8–09; 8:45 am] conveys authority to the Secretary of the meeting will be posted when available. BILLING CODE 4140–01–M Homeland Security to implement the (Catalogue of Federal Domestic Assistance vessel inspection provisions of 46 Program Nos. 93.864, Population Research; U.S.C. 3301. 93.865, Research for Mothers and Children; On June 21, 2004, the Coast Guard 93.929, Center for Medical Rehabilitation DEPARTMENT OF HOMELAND SECURITY published a notice of proposed policy in Research; 93.209, Contraception and the Federal Register (69 FR 34385), Infertility Loan Repayment Program, National Institutes of Health, HHS) Coast Guard regarding the inspection of permanently moored vessels (PMVs). We proposed a Dated: May 4, 2009. [USCG–2004–17674] policy of no longer issuing Certificates Jennifer Spaeth, of Inspection (COI) to PMVs and no Craft Routinely Operated Dockside Director, Office of Federal Advisory longer inspecting PMVs that currently Committee Policy. AGENCY: Coast Guard, DHS. have a COI, and invited public [FR Doc. E9–10801 Filed 5–8–09; 8:45 am] ACTION: Notice of policy. comments. In response, we received BILLING CODE 4140–01–P letters from 27 commenters, containing SUMMARY: The Coast Guard gives notice 62 comments. that, in accord with a recent Supreme While we were considering those DEPARTMENT OF HEALTH AND Court decision, it will no longer inspect public comments, the Supreme Court HUMAN SERVICES permanently moored craft or issue issued its decision in Stewart v. Dutra Certificates of Inspection to such craft Construction Company, Inc., 543 U.S. National Institutes of Health unless a craft demonstrates that it is a 481, 125 S.Ct. 1118 (2005). That case held that a dredge was a ‘‘vessel’’ under National Institute on Alcohol Abuse vessel, capable of being used as a means 1 U.S.C. 3. The Court decided that 1 and Alcoholism; Notice of Closed of transportation on water. This notice U.S.C. 3 provides the defining criteria Meeting discusses the implications of the Supreme Court decision and responds for determining what constitutes a Pursuant to section 10(d) of the to comments received in response to a vessel, wherever the U.S. Code refers to Federal Advisory Committee Act, as 2004 notice that proposed a policy for ‘‘vessel’’ as a jurisdictional criterion. In amended (5 U.S.C. App.), notice is permanently moored vessels. determining whether a particular craft is hereby given of the following meeting. DATES: The policy announced in this also a vessel, the ‘‘question remains in The meeting will be closed to the notice is effective May 11, 2009. all cases whether the watercraft’s use ‘as public in accordance with the Inspection services will continue, with a means of transportation on water’ is a provisions set forth in sections State concurrence, until May 11, 2011, practical possibility or merely a 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., for permanently moored craft that theoretical one.’’ 543 U.S. at 496. The Supreme Court’s decision ended as amended. The grant applications and currently possess a Coast Guard-issued the prior situation, under which various the discussions could disclose Certificate of Inspection, and that have circuit courts of appeal had applied confidential trade secrets or commercial been designed to Coast Guard different tests to determine whether a property such as patentable material, regulations, and that may not be and personal information concerning particular craft constituted a vessel, acceptable for regulation immediately depending on the statute to be individuals associated with the grant by the State having jurisdiction. applications, the disclosure of which construed and the facts of the case. ADDRESSES: Comments and material would constitute a clearly unwarranted Under the prior situation, we attempted received from the public, as well as invasion of personal privacy. to apply the different tests so as to documents mentioned in this preamble provide maximum flexibility in Name of Committee: National Institute on as being available in the docket, are part achieving the purpose of the particular Alcohol Abuse and Alcoholism, Special of docket USCG–2004–17674 and are statute being administered. After Emphasis Panel, The Effects of Alcohol on available for inspection or copying at Glial Cells (RFA–AA–09–003/004). Stewart, however, it is clear that we Date: July 8–9, 2009. the Docket Management Facility, U.S. must apply the single test of whether a Time: 8:30 a.m. to 5 p.m. Department of Transportation, West craft is used, or is practically capable of Agenda: To review and evaluate grant Building Ground Floor, Room W12–140, being used, as a means of transportation applications. 1200 New Jersey Avenue, SE., on water. Stewart implies that a Place: Legacy Hotel, 1775 Rockville Pike, Washington, DC 20590–0001, between 9 ‘‘permanently moored vessel’’ is an Rockville, MD 20852. a.m. and 5 p.m., Monday through oxymoron, since such a craft is neither Contact Person: Beata Buzas, PhD, Friday, except Federal holidays. You used nor practically capable of being Scientific Review Officer, National Institute may also find this docket on the Internet used as transportation on water, and on Alcohol Abuse and Alcoholism, National at http://www.regulations.gov. Institutes of Health, 5635 Fishers Lane, Rm therefore cannot be considered a vessel. 2081, Rockville, MD 20852. 301–443–0800. FOR FURTHER INFORMATION CONTACT: For Only a vessel can be inspected by the [email protected]. questions on this policy, contact Coast Guard under the authority of 46 (Catalogue of Federal Domestic Assistance Lieutenant Commander David Webb of U.S.C. 3301. Thus, in order to conform Program Nos. 93.271 Alcohol Research the Coast Guard’s Office of Vessel to Stewart, we have concluded that we Career Development Awards for Scientists Activities (CG–543), telephone 202– will issue Certificates of Inspection to
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craft that routinely operate dockside and requirements for vessels subject to Officer in Charge, Marine Inspection do not normally get underway only if inspection. (OCMI). The OCMI will advise the they also constitute ‘‘vessels’’ as defined Manning. Nineteen comments craft’s owner or operator of this in 1 U.S.C. 3 and interpreted in Stewart. expressed concerns that a craft’s loss of determination, as well as any appeal its COI would result in the loss of rights should the owner or operator Discussion of Comments licensed and documented crew wish to contest the OCMI’s In response to our June 2004 notice of members, and that this would adversely determination. If you are contemplating proposed policy, the Coast Guard affect passenger safety, security, and operating a craft, we advise you to received letters from 27 commenters, craft maintenance. We agree that consult with the cognizant OCMI as containing 62 comments. Ten comments inspected vessels must be crewed and soon as possible in order to determine asked for greater clarity in our proposed operated by qualified personnel and one whether your craft will qualify as a policy, or questioned how uniformly it of the Coast Guard’s missions is to vessel. could be applied across the country, ensure that these mariners possess a In order to be inspected and four comments pertained to specific minimum level of safety knowledge and certificated as a vessel by the Coast craft that might be affected by the professional competency through a Guard, the craft owner or operator must proposed policy, and two comments qualification and renewal process. demonstrate, to the OCMI’s satisfaction, requested public meetings to discuss the As previously discussed, we will the practical, rather than theoretical, proposed policy. We have concluded continue to inspect craft that are indeed capability of the craft to operate as a that these comments need no specific vessels and are subject to inspection, means of transportation on water. The response, in light of the Stewart case even if they do not normally get following non-exclusive list of questions and the consequent revision of our underway, and those vessels will is intended to assist OCMIs and vessel policy. Also, we received three continue to be subject to all applicable owners in determining whether or not a comments raising concerns about the Coast Guard regulations. craft possesses that capability. This list timing of any transition from Coast Economic Costs. Five comments should be considered under the totality Guard to land-based State or local expressed concerns over the economic of the circumstances presented in each regulation. As we discuss later in this impact of requiring a permanently instance: notice, we will respond to these moored craft to comply with land-based • Is the craft surrounded by a concerns by providing temporary State or local regulations. The Coast cofferdam, land or other structure, such grandfathering for certain PMCs that Guard is sympathetic to these concerns, that although floating, it is in a ‘‘moat’’ currently possess a Certificate of but if a craft is a PMC, it is therefore not with no practical access to navigable Inspection. The remaining 43 comments a vessel under the Stewart criteria and water? are addressed under the following four we are without authority to deem it • Is the craft affixed to the shore by subject headings. otherwise and inspect it. Nevertheless, steel cables, I-beams or pilings, or as we discuss later in this notice, we Vessels Operating in Moorings and Not coupled with land based utility will provide temporary grandfathering Underway connections for power, water, sewage for certain PMCs that currently possess and fuel? Fourteen comments expressed a Certificate of Inspection. • If the craft were operated in concern that the Coast Guard might Coast Guard Inspection Alternatives. navigation, would it be thereby force any vessel choosing to operate in Five comments suggested that the Coast endangered because of its construction? its moorings instead of getting Guard seek alternative approaches to the • What is the purpose, function, or underway to surrender its Certificate of traditional Coast Guard inspection for mission of the craft? Inspection and become reclassified as a certification, such as the Streamlined • Can the craft get underway in less ‘‘permanently moored vessel’’. Inspection Program or the use of third- than eight (8) hours? If more than eight In light of Stewart, we will not party inspection and certification as the hours are required, the OCMI will reclassify any craft as a ‘‘permanently basis for issuance of a Coast Guard determine if the delay was attributable moored vessel.’’ Existing policy Certificate of Inspection. to factors outside the owner’s or documents that refer to permanently This type of approach already exists. operator’s control, in which case the moored vessels are not aligned with We encourage, but do not require, the delay may be overlooked. Stewart, and for that reason we hereby use of these programs by the operators ‘‘Getting underway’’ consists of cancel Chapter B.4.I of the Coast Guard of craft that qualify as vessels under operating in the navigation channel, at Marine Safety Manual, Vol. II, and G– Stewart. For PMCs the use of land-based the time of inspection for certification or MOC Policy Letter 04–01 (May 25, structure building codes may be at least annually, and conducting 2004), until they can be conformed to appropriate, but we will not object if the propulsion tests, steering tests, and the Stewart decision. State or local government having drills including the launching of rescue For the purposes of this document, a jurisdiction over a PMC adopts any or boats, all to the satisfaction of the OCMI. ‘‘permanently moored craft’’ (PMC) is a all of the regulatory standards we use to Non-self propelled craft may get craft of design and mooring arrangement issue Coast Guard Certificates of underway with the assistance of an such that it does not have a practical Inspection. appropriate towing vessel. A craft that capability of being used as cannot demonstrate its ability to get transportation on the water. We will Statement of Policy underway to the satisfaction of the continue to inspect craft that are indeed The following policy applies to any OCMI will be deemed a land structure vessels and are subject to inspection, craft that routinely operates dockside and will no longer be inspected for even if they do not normally get and does not usually get underway, certification by the Coast Guard, except underway. However, except for the currently existing or built in the future. for temporary grandfathering of certain temporarily grandfathered PMCs The determination of whether any PMCs. discussed later in this notice, we will no specific craft is or will be a vessel as A craft that has been determined to be longer inspect or issue COIs to PMCs defined in 1 U.S.C. 3 and interpreted by a vessel remains subject to all applicable that are not vessels or that do not the Supreme Court in Stewart will be requirements including Coast Guard otherwise meet the statutory made by the cognizant Coast Guard inspection and certification
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requirements, and must remain in ACTION: Notice. Species Act requires that we invite compliance with its approved plans at public comment on these permit all times, even if it does not normally SUMMARY: HUD announces the program applications. requirements, submission deadlines, get underway but routinely engages in DATES: Written data, comments or dockside operations. Authorized and waivers and alternative requirements for funding available requests must be received by June 10, exceptions and equivalencies may be 2009. granted by the Coast Guard; for under the Community Development example, 46 CFR part 199 allows an Block Grant Recovery (CDBG–R) ADDRESSES: Documents and other OCMI to conduct a safety assessment on program authorized by Title XII of the information submitted with these passenger vessels over 100 tons by using American Recovery and Reinvestment applications are available for review, risk based decision-making principles to Act of 2009 (Pub. L. 111–5, approved subject to the requirements of the allow departures from traditional February 17, 2009). The focus of CDBG– Privacy Act and Freedom of Information lifesaving equipment requirements. R funding is on infrastructure Act, by any party who submits a written Sliding scale manning tables have also improvements that meet the overall request for a copy of such documents been found acceptable. goals of the American Recovery and within 30 days of the date of publication We recognize that the owners and Reinvestment Act, which are to of this notice to: U.S. Fish and Wildlife operators of some PMCs currently stimulate the economy through Service, Division of Management possess, and expected to be able to measures that modernize the nation’s Authority, 4401 North Fairfax Drive, renew indefinitely, a Certificate of infrastructure, improve energy Room 212, Arlington, Virginia 22203; Inspection issued by the Coast Guard. efficiency, and expand educational fax 703/358-2281. Now, these PMCs may be subject to opportunities and access to health care. FOR FURTHER INFORMATION CONTACT: State and local building codes or similar Approximately $1 billion is available for Division of Management Authority, standards. Complying with the land- CDBG–R to states and local telephone 703/358-2104. based standards may be time-consuming governments. The notice establishing SUPPLEMENTARY INFORMATION: the program requirements, including and costly (as much as $10 million for Endangered Species a casino craft, according to one waivers and alternative requirements, is comment). Therefore, with the available on the HUD Web site at: The public is invited to comment on concurrence of the State having http://www.hud.gov/recovery/ the following applications for a permit jurisdiction over the craft, we will cdblock.cfm. to conduct certain activities with continue to provide inspection services FOR FURTHER INFORMATION CONTACT: endangered species. This notice is for a two-year period, provided that the Stanley Gimont, Director, Office of provided pursuant to Section 10(c) of PMC: Block Grant Assistance, Office of the Endangered Species Act of 1973, as • Currently possesses a Coast Guard- Community Planning and Development, amended (16 U.S.C. 1531 et seq.). issued Certificate of Inspection; Department of Housing and Urban Written data, comments, or requests for • Has been designed to Coast Guard Development, 451 7th Street, SW., copies of these complete applications regulations; and Room 7286, Washington, DC 20410; should be submitted to the Director • May not be acceptable for telephone 202–708–3587 (this is not a (address above). Applicant: Hendrix College, Conway, regulation immediately by the State toll-free number). Persons with hearing having jurisdiction. AR, PRT-195341 or speech impairments may access this The applicant requests a permit to This policy will not affect semi- number through TTY by calling the toll- submersible platforms, which are not import biological samples from kakapo free Federal Information Relay Service (Strigops habroptilus) collected in the listed as ‘‘vessels subject to inspection’’ at 800–877–8339. under 46 U.S.C. 3301, but instead are wild in New Zealand, incidental to inspected under 43 U.S.C. 1333 based Dated: April 14, 2009. other research activities, for the purpose on their work on the Outer Continental Nelson R. Brego´n, of scientific research. This notification Shelf. General Deputy Assistant Secretary for covers activities to be conducted by the Community Planning and Development. applicant over a 5–year period. Dated: April 24, 2009. [FR Doc. E9–10968 Filed 5–6–09; 4:15 pm] Applicant: Henry Doorly Zoo, Center Brian M. Salerno, BILLING CODE 4210–67–P for Conservation and Research, Omaha, Rear Admiral, U.S. Coast Guard, Assistant NE, PRT-210155 Commandant for Marine Safety, Security, and The applicant requests a permit to Stewardship. DEPARTMENT OF THE INTERIOR import blood, scute, and post-hatch egg [FR Doc. E9–10971 Filed 5–8–09; 8:45 am] shell samples from wild and captive- BILLING CODE 4910–15–P Fish and Wildlife Service bred Philippine crocodiles (Crocodylus mindorensis) for the purpose of [FWS-R9-IA-2009-N0090; 96300-1671-0000- scientific research. This notification P5] DEPARTMENT OF HOUSING AND covers activities to be conducted by the URBAN DEVELOPMENT Receipt of Applications for Permit applicant over a 5–year period. Applicant: Kootenai Tribe of Idaho, [Docket No. FR–5309–N–01] AGENCY: Fish and Wildlife Service, Bonners Ferry, ID, PRT-011646 Notice of Availability: Program Interior. The applicant requests re-issuance of Requirements for Community ACTION: Notice of receipt of applications a permit for multiple exports of white Development Block Grant Program for permit. sturgeon(Acipenser transmontanus) Funding Under the American Recovery fertilized eggs from a spawning facility and Reinvestment Act of 2009 SUMMARY: We, the U.S. Fish and in Bonners Ferry, Idaho, to the Kootenay Wildlife Service, invite the public to Trout Hatchery in Fort Steele, British AGENCY: Office of the Assistant comment on the following applications Columbia, Canada, an action addressed Secretary for Community Planning and to conduct certain activities with in the white sturgeon recovery plan, for Development, HUD. endangered species. The Endangered the purpose of enhancement of the
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survival of the species. This notification subject to the requirements of the Applicant: National Institutes of Health, covers activities conducted by the Privacy Act and Freedom of Information Laboratory of Genomic Diversity, applicant over a 5–year period. Act, by any party who submits a written Frederick, MD, PRT-213734 Applicant: Bud A. Woodruff, request for a copy of such documents The applicant requests a permit to Flagstaff, AZ, PRT-208672 within 30 days of the date of publication export and re-import non-living The applicant requests a permit to of this notice to: U.S. Fish and Wildlife museum specimens of endangered and import the sport-hunted trophy of one Service, Division of Management threatened animals species that were male bontebok (Damaliscus pygargus Authority, 4401 North Fairfax Drive, previously accessioned into the pygargus) culled from a captive herd Room 212, Arlington, Virginia 22203; applicant’s collection for scientific maintained under the management fax 703/358-2281. research. This notification covers program of the Republic of South Africa, FOR FURTHER INFORMATION CONTACT: activities to be conducted by the for the purpose of enhancement of the Division of Management Authority, applicant over a 5–year period. survival of the species. telephone 703/358-2104. Applicant: Kenneth M. Huffaker, Applicant: Omaha’s Henry Doorly Zoo, Nevada, IA, PRT-212705 SUPPLEMENTARY INFORMATION: Omaha, NE, PRT-196694 The applicant requests a permit to Endangered Species The applicant requests a permit to import the sport-hunted trophy of one import one female captive-born snow male bontebok (Damaliscus pygargus The public is invited to comment on leopard (Uncia uncia) from Jungle Cat pygargus) culled from a captive herd the following applications for a permit World Wildlife Park, Ontario, Canada, maintained under the management to conduct certain activities with for the purpose of enhancement of the program of the Republic of South Africa, endangered species. This notice is species through captive propagation and for the purpose of enhancement of the provided pursuant to Section 10(c) of conservation education. survival of the species. the Endangered Species Act of 1973, as Applicant: Minnesota Zoological Applicant: Alan J. Schimelpfenig, amended (16 U.S.C. 1531 et seq.). Garden, Apple Valley, MN, PRT-197528 Grafton, WI, PRT-193940 Submit your written data, comments, or The applicant requests a permit to requests for copies of the complete The applicant requests a permit to import the sport-hunted trophy of one applications to the address shown in import one male captive-born amur male scimitar-horned oryx (Oryx ADDRESSES. leopard (Panthera pardus orientalis) dammah) culled from a captive herd in from Zoologicka Zahrada Olomouc, the Republic of South Africa, for the Applicant: Fred H. Gage, Salk Institute Olomouc, Czech Republic, for the purpose of enhancement of the survival for Biological Studies, La Jolla, CA, purpose of enhancement of the species of the species. PRT-206206 through captive propagation and conservation education. Dated: April 24, 2009 The applicant requests a permit to Lisa J. Lierheimer acquire from Coriell Cell Repositories, Applicant: Hawthorn Corporation, Senior Permit Biologist, Branch of Permits, Camden, NJ, in interstate commerce Grayslake, IL, PRT-062075, PRT-064075, Division of Management Authority skin cell lines from gorilla (Gorilla PRT-068236, PRT-068237, PRT-068238, [FR Doc. E9–10976 Filed 5–8–09; 8:45 am] gorilla), chimpanzee (Pan troglodytes), PRT-068349, PRT-088955, PRT-088956, bonobo (Pan paniscus), marmoset BILLING CODE 4310-55-S PRT-088957, PRT-088958, PRT-088959, (Callimico goeldii), and orangutan PRT-088960, PRT-119894, PRT-120319, (Pongo pygmaeus) for the purpose of PRT-213635, PRT-213636, PRT-213637 DEPARTMENT OF THE INTERIOR scientific research. This notification The applicant requests permits to covers activities to be conducted by the export/re-export and re-import captive- Fish and Wildlife Service applicant over a 5–year period. born tigers (Panthera tigris) to [FWS-R9-IA-2009-N0095; 96300-1671-0000- Applicant: Peter Praschag, Turtle worldwide locations for the purpose of P5] Conservancy (Behler Chelonian Center), enhancement of the species through Ojai, CA, PRT-210683 conservation education. The permit Receipt of Applications for Permit numbers and animals are: New – The applicant requests a permit to 213635, Madras 2; 213636, Munia; AGENCY: Fish and Wildlife Service, import two live, captive-born River Interior. 213637, Rani; Re-issue permits – terrapins (Batagur baska), three live, 062075, Azara; 064075, Sheeba; 068236, ACTION: Notice of receipt of applications captive-born Spotted pond turtles Krisma; 068237, Spartacus; 068238, for permit. (Geoclemys hamiltonii), and four live, Dimitrios; 068349, Rook; 088955, Diego; captive-held Indian sawback turtles SUMMARY: We, the U.S. Fish and 088956, Frieda; 088957, Shaman; (Pangshura tecta) from Austria, for the Wildlife Service, invite the public to 088958, Shiva; 088959, Natari; 088960, purpose of enhancement of the species comment on the following applications Darsha; 119894, Prince; 120319, King. through scientific research. for permits to conduct certain activities This notification covers activities to be with endangered species or marine Applicant: Carly H. Vynne, University conducted by the applicant over a 3– mammals. Both the Endangered Species of Washington, Seattle, WA, PRT- year period and the import of any Act and the Marine Mammal Protection 196074 potential progeny born while overseas. Act require that we invite public The following applicants request a comment on these permit applications. The applicant requests a permit to permit to import the sport-hunted import biological samples from maned trophy of one male bontebok DATES: Written data, comments or wolf (Chrysocyon brachyurus) collected (Damaliscus pygargus pygargus) culled requests must be received by June 10, in the wild in Brazil, incidental to other from a captive herd maintained under 2009. research activities, for the purpose of the management program of the ADDRESSES: Documents and other scientific research. This notification Republic of South Africa, for the information submitted with these covers activities to be conducted by the purpose of enhancement of the survival applications are available for review, applicant over a 5–year period. of the species.
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Applicant: Behrooz Taher, Minneapolis, Committee Act of 1972, the U.S. Oil & gas issues in central Montana; MN, PRT-208816 Department of the Interior, Bureau of A report from the BLM Montana State Applicant: Raymond L. Bunney, Mead, Land Management (BLM) Eastern Director; WA, PRT-211156 Washington Resource Advisory Council A discussion of BLM’s Bison will meet as indicated below. Conservation Initiative; Applicant: Joseph M. Vargo, Arcadia, DATES: Thursday, June 11, 2009, at the Field manager updates; CA, PRT-213188 BLM Spokane District Office, 1103 N. A stewardship agreement between Marine Mammals Fancher Rd., Spokane Valley, WA BLM and the Rocky Mountain Elk 99212. Foundation; The public is invited to comment on An educational partnership; the following application for a permit to SUPPLEMENTARY INFORMATION: The meeting will start at 9:30 a.m. and end National Public Lands Day; conduct certain activities with marine The American Recovery and at 3:30 p.m. The meeting will be open mammals. The application was Reinvestment Act in central Montana; to the public and there will be an submitted to satisfy requirements of the A monument newsletter; opportunity for public comments at 3 Marine Mammal Protection Act of 1972, Fee proposals from the U.S. Forest p.m. Discussion will focus on the status as amended (16 U.S.C. 1361 et seq.), and Service; of the Colville National Forest Roadless the regulations governing marine A hunter/angler stakeholder Areas, Cultural Consultation, and mammals (50 CFR Part 18). Submit your presentation; updates on other projects of interest. written data, comments, or requests for A visionary conversation among RAC copies of the complete applications or FOR FURTHER INFORMATION CONTACT: members; and requests for a public hearing on these BLM Spokane District, 1103 N. Fancher Administrative details (next meeting applications to the address shown in Rd., Spokane Valley, WA 99212, or call agenda, location, etc.). (509) 536–1200. ADDRESSES. If you request a hearing, All RAC meetings are open to the give specific reasons why a hearing Dated: May 5, 2009. public. The public may present written would be appropriate. The holding of Robert B. Towne, comments to the RAC. Each formal RAC such a hearing is at the discretion of the District Manager. meeting will also have time allocated for Director. [FR Doc. E9–10941 Filed 5–8–09; 8:45 am] hearing public comments. Depending on Applicant: National Marine Mammal BILLING CODE 4310–33–P the number of persons wishing to Laboratory, Seattle, WA, PRT-212570 comment and time available, the time for individual oral comments may be The applicant requests a permit for DEPARTMENT OF THE INTERIOR incidental harassment during aerial limited. surveys of polar bear (Ursus maritimus) Bureau of Land Management FOR FURTHER INFORMATION CONTACT: Gary and walrus (Odobenus rosmarus) L. ‘‘Stan’’ Benes, Lewistown Field populations in the wild in Alaska for [LLMTL–060–01–1020–PG] Manager, Lewistown Field Office, P.O. the purpose of scientific research. This Notice of Public Meeting; Central Box 1160, Lewistown, Montana 59457, notification covers activities to be Montana Resource Advisory Council 406/538–1900. conducted by the applicant over a 5– Dated: May 5, 2009. AGENCY: year period. Bureau of Land Management, Gary L. ‘‘Stan’’ Benes, Concurrent with publishing this Interior. Lewistown Field Manager. notice in the Federal Register, we are ACTION: Notice of public meeting. forwarding a copy of the above [FR Doc. E9–10940 Filed 5–8–09; 8:45 am] application to the Marine Mammal SUMMARY: In accordance with the BILLING CODE 4310–$$–P Commission and the Committee of Federal Land Policy and Management Scientific Advisors for their review. Act and the Federal Advisory Committee Act of 1972, the U.S. DEPARTMENT OF THE INTERIOR Dated: May 1, 2009 Department of the Interior, Bureau of Lisa J. Lierheimer Land Management (BLM) Central National Park Service Senior Permit Biologist, Branch of Permits, Montana Resource Advisory Council National Register of Historic Places; Division of Management Authority (RAC) will meet as indicated below. [FR Doc. E9–10977 Filed 5–8–09; 8:45 am] Notification of Pending Nominations DATES: The meeting will be held May 27 and Related Actions BILLING CODE 4310-55-S & 28, 2009. The meetings will be in the Bureau of Nominations for the following Land Management—Lewistown Field properties being considered for listing DEPARTMENT OF THE INTERIOR Office conference room (920 NE. Main or related actions in the National Bureau of Land Management St.) Lewistown, Montana. Register were received by the National The May 27 meeting will begin at 10 Park Service before April 25, 2009. [OR–130–1020–AL; GP9–0185] a.m. with a 30-minute public comment Pursuant to section 60.13 of 36 CFR Part period and will adjourn at 5 p.m. 60 written comments concerning the Notice of Public Meeting, Eastern The May 28 meeting will begin at 8 significance of these properties under Washington Resource Advisory a.m. with a 30-minute public comment the National Register criteria for Council Meeting period and will adjourn at 3 p.m. evaluation may be forwarded by United AGENCY: Bureau of Land Management, SUPPLEMENTARY INFORMATION: This 15- States Postal Service, to the National Interior. member council advises the Secretary of Register of Historic Places, National ACTION: Notice of public meeting. the Interior on a variety of management Park Service, 1849 C St., NW., 2280, issues associated with public land Washington, DC 20240; by all other SUMMARY: In accordance with the management in Montana. During these carriers, National Register of Historic Federal Land Policy and Management meetings the council will participate in/ Places, National Park Service,1201 Eye Act of 1976 and the Federal Advisory discuss/act upon: St., NW., 8th floor, Washington, DC
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20005; or by fax, 202–371–6447. Written and Concord Rds., Pat Stough and Nelson County or faxed comments should be submitted Dogwood Lns., Davidson College, Pharsalia, 2325 Pharsalia Rd., Tyro, by May 26, 2009. Davidson, 09000381 09000395 J. Paul Loether, Wake County Northumberland County Chief, National Register of Historic Places/ Wendell Boulevard Historic District, (Wake Bluff Point Graded School No. 3, 2595 Bluff National Historic Landmarks Program. County MPS) Wendell Blvd., Mattox St., Point Rd., Kilmarnock, 09000396 Old Zebulon Rd., Buffalo St. and Main St., ARIZONA Wendell, 09000382 [FR Doc. E9–10791 Filed 5–8–09; 8:45 am] BILLING CODE P Pima County NORTH DAKOTA Aldea Linda Residential Historic District, Billings County 4700–5000 block E. Calle Jabali, E. 22nd DEPARTMENT OF THE INTERIOR St., 1100 block S. Swan Rd., Tucson, Custer Military Trail Historic Archaeological 09000371 District, Address Restricted, Medora, National Park Service 09000383 ARKANSAS Golden Valley County National Register of Historic Places; Clay County Custer Military Trail Historic Archaeological Weekly Listing of Historic Properties Rector Commercial Historic District, District, Address Restricted, Medora, Pursuant to (36 CFR 60.13(b,c)) and Bounded by St. Louis and Southwestern 09000383 Railroad tracks on the E. and S., S. Dodd (36 CFR 63.5), this notice, through on the W., 3rd St. on the N., Rector, PENNSYLVANIA publication of the information included 09000369 Berks County herein, is to apprise the public as well as governmental agencies, associations Pulaski County Alleghany Mennonite Meetinghouse, 39 Lee, Robert E., School, 3805 W. 12th St., Horning Rd., Brecknock Township, and all other organizations and Little Rock, 09000370 09000384 individuals interested in historic preservation, of the properties added to, CALIFORNIA Franklin County or determined eligible for listing in, the Humboldt County Kennedy, Robert, Memorial Presbyterian National Register of Historic Places from Sweasey Theater—Loew’s State Theater, 412 Church, 11799 Mercersburg Rd., March 23, to March 27, 2009. G St., Eureka, 09000372 Montgomery, 09000385 For further information, please IDAHO Greene County contact Edson Beall via: United States McClelland-Grimes Farm, (Agricultural Postal Service mail, at the National Bonneville County Resources of Pennsylvania MPS) 844 Register of Historic Places, 2280, Idaho Falls Downtown Historic District, W. Craynes Run Rd., Morgan, 09000386 National Park Service, 1849 C St. NW., Broadway, Park Ave., Constitution Ave., McClelland-Grimes Farm, (Agricultural Washington, DC 20240; in person (by Idaho Falls, 09000373 Resources of Pennsylvania MPS) 844 appointment), 1201 Eye St. NW., 8th ILLINOIS Craynes Run Rd., Washington, 09000386 floor, Washington DC 20005; by fax, 202–371–2229; by phone, 202–354– Kankakee County Luzerne County Search, George W., House, 56 S. Main St., 2255; or by e-mail, Bradley, B. Harley, House and Stable, 701 S. [email protected]. Harrison Ave., Kankakee, 09000374 Shickskinny, 09000387 Dated: May 5, 2009. NEW YORK Philadelphia County J. Paul Loether, Center City West Commercial Historic Chenango County District (Boundary Increase), Roughly Chief, National Register of Historic Places/ Eaton Family Residence—Jewish Center of bounded by the Center City West Historic National Historic Landmarks Program. Norwich, 72 S. Broad St., Norwich, District, S. 15th St., Locust St. and S. KEY: State, County, Property Name, 09000375 Sydenham St., Philadelphia, 09000388 Address/Boundary, City, Vicinity, Erie County SOUTH CAROLINA Reference Number, Action, Date, E. & B. Holmes Machinery Company Aiken County Multiple Name Building, 55–59 Chicago St., Buffalo, 09000376 Immanuel School, 120 York St. NE, Aiken, ARKANSAS 09000389 Kings County Ashley County, Greenville County Beth El Jewish Center of Flatbush, 1981 Hamburg Commercial Historic District, 100– Homecrest Ave., Brooklyn, 09000377 Fountain Inn High School, 315 N. Main St., 200 block of E. Adams; 100 block N. Fountain Inn, 09000390 Mulberry; 201 S. Mulberry; 201 and 205 N. Orleans County VIRGINIA Main St., Hamburg, 08001333, LISTED, Gates, Benjamin Franklin, House, 13079 W. 3/23/09 Lee Rd., Albion, 09000378 Amherst County COLORADO Richmond County Fairview, 2416 Lowesville Rd., Amherst, 09000391 Grand County, Jacques Marchais Center of Tibetan Art, 338 Danville Independent city Schoolfield School Lighthouse Ave., Staten Island, 09000379 Barger Gulch Locality B, Address Restricted, Complex, 31 Baltimore Ave., Danville, Kremmling vicinity, 08001377, LISTED, Westchester County 09000392 3/25/09 Sleepy Hollow Cemetery, 540 N. Broadway, Gloucester County GEORGIA Sleepy Hollow, 09000380 Ware Neck Store and Post Office, 6495 VA Burke County, NORTH CAROLINA 629, Ware Neck, 09000393 Waynesboro Historic District, Roughly Mecklenburg County Mathews County bounded by Walker St., 12th St., Waters Davidson Historic District, Bounded by N. B. Williams & Co. Store, 1030 Williams St., Corker Row, 4th St., and Jones Ave., Main and Beaty Sts., Catawba Ave. Mock Wharf Rd., Mathews, 09000394 Waynesboro, 09000153, LISTED, 3/25/09
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MICHIGAN INTERNATIONAL TRADE Trade Commission, telephone (202) Oakland County, COMMISSION 205–2781. McCoy, Kittie C., House, 1455 Benstein Rd., [Inv. No. 337–TA–676] Authority: The authority for institution of Commerce, 08001105, LISTED, 3/25/09 this investigation is contained in section 337 In the Matter of: Certain Lighting of the Tariff Act of 1930, as amended, and NEW YORK Control Devices Including Dimmer in section 210.10 of the Commission’s Rules Switches and Parts Thereof; Notice of of Practice and Procedure, 19 CFR 210.10 Allegany County, (2009). Centerville Town Hall, Fairview Rd., Investigation Centerville, 09000154, LISTED, 3/25/09 AGENCY: U.S. International Trade Scope of Investigation: Having NEW YORK Commission. considered the complaint, the U.S. International Trade Commission, on ACTION: Institution of investigation Livingston County, pursuant to 19 U.S.C. 1337. May 4, 2009, ordered that— Engleside, 9086 McNair Rd., Dansville (1) Pursuant to subsection (b) of vicinity, 09000156, LISTED, 3/23/09 SUMMARY: Notice is hereby given that a section 337 of the Tariff Act of 1930, as amended, an investigation be instituted NEW YORK complaint was filed with the U.S. International Trade Commission on to determine: Orange County, April 7, 2009, under section 337 of the (a) Whether there is a violation of Echo Lawn Estate, River Rd. at Stone Gate Tariff Act of 1930, as amended, 19 subsection (a)(1)(B) of section 337 in the Dr., Balmville vicinity, 09000157, LISTED, U.S.C. 1337, on behalf of Lutron importation into the United States, the 3/23/09 Electronics Co., Inc. of Coopersburg, sale for importation, or the sale within NEW YORK Pennsylvania. The complaint alleges the United States after importation of violations of section 337 based upon the certain lighting control devices Orange County, importation into the United States, the including dimmer switches or parts Milliken-Smith Farm, 279 Bailey Rd., sale for importation, and the sale within thereof that infringe one or more of Montgomery vicinity, 09000158, LISTED, the United States after importation of claims 36, 38–41, 47, 53, 54, 56, 58, 60, 3/25/09 certain lighting control devices 65, 67–70, 76, 82, 83, 85, 87, 89, 94, 96– including dimmer switches and parts 99, 105, 111, 112, 114, 116, 118, 178, NORTH CAROLINA thereof that infringe certain claims of 180, 189, and 197 of U.S. Patent No. Cleveland County, U.S. Patent Nos. 5,637,930 and 5,637,930 or claims 1, 2, 5–8, 11–13, 15– Double Shoals Cotton Mill, 199 Old Mill Rd., 5,248,919 and U.S. Trademark 20, 23, 25–32, 35, 36, and 38 of U.S. Double Shoals vicinity, 08000775, LISTED, Registration No. 3,061,804. The Patent No. 5,248,919, and whether an 3/24/09 complaint further alleges that an industry in the United States exists as industry in the United States exists as required by subsection (a)(2) of section OHIO required by subsection (a)(2) of section 337; and Belmont County, 337. (b) Whether there is a violation of Friends Boarding School and Ohio Yearly The complainant requests that the subsection (a)(1)(C) of section 337 in the Meetinghouse Historic District, 61830 Commission institute an investigation importation into the United States, the Sandy Ridge Rd., Barnesville vicinity, and, after the investigation, issue an sale for importation, or the sale within 09000168, LISTED, 3/25/09 exclusion order and a cease and desist the United States after importation of VIRGINIA order. certain lighting control devices ADDRESSES: The complaint, except for including dimmer switches or parts Charlottesville Independent City, any confidential information contained thereof by reason of infringement of U.S. Oakhurst-Gildersleeve Neighborhood therein, is available for inspection Trademark Registration No. 3,061,804, Historic District, Oakhurst Circle, during official business hours (8:45 a.m. and whether an industry in the United Gildersleeve Wood, Valley Rd., Valley to 5:15 p.m.) in the Office of the States exists as required by subsection Circle, and part of Maywood Ln., and Secretary, U.S. International Trade (a)(2) of section 337; and Jefferson Park Ave., Charlottesville, Commission, 500 E Street, SW., Room (2) For the purpose of the 09000161, LISTED, 112, Washington, DC 20436, telephone investigation so instituted, the following 3/25/09 202–205–2000. Hearing impaired are hereby named as parties upon which VIRGINIA individuals are advised that information this notice of investigation shall be served: Pittsylvania County, on this matter can be obtained by contacting the Commission’s TDD (a) The complainant is—Lutron Yeatts, John and Nancy, House, VA 795, terminal on 202–205–1810. Persons Electronics Co., Inc., 7200 Suter Road, Chatham vicinity, 09000173, LISTED, with mobility impairments who will Coopersburg, PA 18036. 3/25/09 need special assistance in gaining access (b) The respondent is the following VIRGINIA to the Commission should contact the entity alleged to be in violation of Rockingham County, Office of the Secretary at 202–205–2000. section 337, and is the party upon General information concerning the which the complaint is to be served: Bogota, 5375 Lynnwood Rd., Port Republic Commission may also be obtained by Universal Smart Electric Corp., 17795 vicinity, 09000162, LISTED, 3/24/09 accessing its internet server at http:// Sky Park Circle, Suite H, Irvine, CA WISCONSIN www.usitc.gov. The public record for 92614. this investigation may be viewed on the Vilas County, (c) The Commission investigative Commission’s electronic docket (EDIS) attorney, party to this investigation, is Jabodon, 1460 Everett Rd., Washington, at http://edis.usitc.gov. Benjamin Levi, Esq., Office of Unfair 09000164, LISTED, 3/25/09 FOR FURTHER INFORMATION CONTACT: Import Investigations, U.S. International [FR Doc. E9–10802 Filed 5–8–09; 8:45 am] Benjamin Levi, Esq., Office of Unfair Trade Commission, 500 E Street, SW., BILLING CODE P Import Investigations, U.S. International Suite 401, Washington, DC 20436; and
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(3) For the investigation so instituted, Africa. For further information that significant imports in any region of Paul J. Luckern, Chief Administrative concerning the conduct of this the country are likely to have a Law Judge, U.S. International Trade proceeding and rules of general disruptive impact on the overall U.S. Commission, shall designate the application, consult the Commission’s market; (3) reassess and further explain presiding Administrative Law Judge. Rules of Practice and Procedure, part the behavior of ArcelorMittal and its Responses to the complaint and the 201, subparts A through E (19 CFR part predecessor, the Ispat organization, with notice of investigation must be 201), and part 207, subpart A (19 CFR respect to their business practices in submitted by the named respondent in part 207). exporting to countries in which they accordance with section 210.13 of the DATES: May 4, 2009. maintain production facilities; (4) Commission’s Rules of Practice and FOR FURTHER INFORMATION CONTACT: reassess and further explain certain Procedure, 19 CFR 210.13. Pursuant to Mary Messer, Office of Investigations, evidence the Court perceived contrary 19 CFR 201.16(d) and 210.13(a), such telephone 202–205–3193, or Robin L. to the Commission’s conclusion on responses will be considered by the Turner, Office of General Counsel, likely subject import volume; (5) Commission if received not later than 20 telephone 202–205–3103, U.S. reassess likely price effects in days after the date of service by the International Trade Commission, 500 E accordance with its revised volume Commission of the complaint and the Street, SW., Washington, DC 20436. determination and; (6) reassess its likely notice of investigation. Extensions of Hearing-impaired persons can obtain impact analysis in accordance with its time for submitting responses to the information on this matter by contacting revised volume and price effects complaint and the notice of the Commission’s TDD terminal on 202– determinations, and to explain the poor investigation will not be granted unless 205–1810. Persons with mobility performance of the domestic industry in good cause therefor is shown. impairments who will need special the latter portion of the period of Failure of the respondent to file a assistance in gaining access to the review. timely response to each allegation in the Commission should contact the Office Participation in the proceeding.— complaint and in this notice may be of the Secretary at 202–205–2000. Only those persons who were interested deemed to constitute a waiver of the General information concerning the parties to the original reviews (i.e., right to appear and contest the Commission may also be obtained by persons listed on the Commission allegations of the complaint and this accessing its Internet server (http:// Secretary’s service list) and were parties notice, and to authorize the www.usitc.gov). The public record of the to the appeal may participate as parties administrative law judge and the underlying reviews (Investigation Nos. in the remand proceeding as of right. Commission, without further notice to 701–TA–404–408 and 731–TA–898–902 Such persons need not re-file their the respondent, to find the facts to be as and 904–908 (Review)) may be viewed appearance notices or protective order alleged in the complaint and this notice on the Commission’s electronic docket applications to participate in the and to enter an initial determination (‘‘EDIS’’) at http://edis.usitc.gov. remand proceeding. The Commission and a final determination containing SUPPLEMENTARY INFORMATION: will consider permitting Mittal USA to such findings, and may result in the Background.—In October 2007, the participate as a party in the remand if issuance of an exclusion order or a cease Commission determined that revocation it files a notice of appearance with the and desist order or both directed against of the countervailing duty order on hot- Commission by May 11. Business the respondent. rolled steel products from South Africa, proprietary information (‘‘BPI’’) referred By order of the Commission. and that revocation of the antidumping to during the remand proceeding will be Issued: May 5, 2009. duty orders on hot-rolled steel products governed, as appropriate, by the Marilyn R. Abbott, from Kazakhstan, Romania, and South administrative protective order issued in the original reviews. Secretary to the Commission. Africa, would not be likely to lead to continuation or recurrence of material Written submissions.—The [FR Doc. E9–10928 Filed 5–8–09; 8:45 am] injury to an industry in the United Commission is reopening the record to BILLING CODE 7020–02–P States within a reasonably foreseeable obtain additional information pertinent time. The Commission’s determinations to the issues on which the Court has directed a remand. The Commission INTERNATIONAL TRADE were appealed to the Court of seeks additional information regarding COMMISSION International Trade (‘‘CIT’’ or ‘‘Court’’). On March 9, 2009, the Court issued a the operations of ArcelorMittal, its [Investigation Nos. 701–TA–407 and 731– decision remanding the matter to the affiliates including Mittal USA, and its TA–902, 904, 905 (Review) (Remand)] Commission for further proceedings. predecessor companies including Ispat Nucor Corp. v. United States, Slip Op. and Ispat Inland (collectively ‘‘Mittal’’). Hot-Rolled Steel Products From 09–16 (Ct. Int’l Trade, March 9, 2009). Specifically, the Commission seeks Kazakhstan, Romania, and South In its opinion, the Court affirmed the information concerning— Africa Commission’s cumulation analysis, but (a) Mittal’s policies and practices with AGENCY: United States International found that the Commission’s respect to, Trade Commission. conclusions concerning likely subject (b) Mittal’s evaluation of the ACTION: Notice of remand proceedings. import volume, likely price effects, and economic incentives of, and likely impact were unsupported by (c) The possible market disruption of, SUMMARY: The U.S. International Trade substantial evidence. The Court shipping hot-rolled steel products Commission (‘‘Commission’’) hereby instructed the Commission on remand produced by one Mittal company to the gives notice of the court-ordered remand to address six issues. In particular, it market in which another Mittal of its five-year review determinations in instructed the Commission to: (1) Re- company is located, including the the countervailing duty and evaluate its finding that the European Union and the United States. antidumping Investigation Nos. 701– ArcelorMittal companies and/or Mittal The specific questions are posted on the TA–407 and 731–TA–902, 904, 905 USA would limit subject imports from ITC’s Internet site at http:// concerning hot-rolled steel products the Mittal Companies; (2) reassess and www.usitc.gov/trade_remedy/ from Kazakhstan, Romania, and South further explain the basis for its findings 731_ad_701_cvd/investigations/
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completed/index.htm (under ‘‘Hot- timely filed. The Secretary will not INTERNATIONAL BOUNDARY AND Rolled Steel Products’’). accept a document for filing without a WATER COMMISSION, UNITED The information should be in the form certificate of service. STATES AND MEXICO of documents or affidavits with specific Parties are also advised to consult evidence (and not theories) and must with the Commission’s Rules of Practice United States Section; Notice of pertain to the period on or before and Procedure, part 201, subparts A Availability of a Final Environmental October 2, 2007, the date on which the through E (19 CFR part 201), and part Assessment and Finding of No record closed in the reviews at issue. 207, subpart A (19 CFR part 207) for Significant Impact for Emergency Documents submitted must have been provisions of general applicability Repairs to the Presidio Flood Control in existence as of that date. Affidavits concerning written submissions to the Project in Presidio, TX may be provided only by individuals Commission. AGENCY: having specific knowledge of the above- United States Section, described issue as of that date, and must Issued: May 5, 2009. International Boundary and Water set forth the basis of the individual’s By order of the Commission. Commission, United States and Mexico. knowledge. Parties need not re-submit Marilyn R. Abbott, ACTION: Notice of Availability of the documents or affidavits that are already Secretary to the Commission. Final Environmental Assessment (EA) and Finding of No Significant Impact part of the record of these reviews. [FR Doc. E9–10929 Filed 5–8–09; 8:45 am] (FONSI). No argument or commentary is BILLING CODE 7020–02–P permitted in these submissions. SUMMARY: Business proprietary information Pursuant to Section 102(2)(c) included in your submission will be so of the National Environmental Policy INTERNATIONAL TRADE Act of 1969; the Council on treated by the Commission and will not COMMISSION be disclosed except as may be required Environmental Quality Final by law. Regulations (40 CFR Parts 1500 through Submissions containing additional [USITC SE–09–014] 1508); and the United States Section, information must be submitted to the Operational Procedures for Government in the Sunshine Act Implementing Section 102 of NEPA, Commission no later than May 14, 2009. Meeting Notice Questions concerning this request or published in the Federal Register other matters relating to the remand September 2, 1981, (46 FR 44083); the AGENCY HOLDING THE MEETING: may be directed to Mary Messer (202– United United States Section hereby gives 205–3193 or [email protected]) of States International Trade Commission. notice that the Final Environmental the Commission’s staff. Correspondence TIME AND DATE: May 14, 2009 at 1:30 Assessment and Finding of No may be sent to the above address or via p.m. Significant Impact for Emergency FAX to 202–205–3205. Repairs to the Presidio Flood Control PLACE: In addition, the Commission will Room 101, 500 E Street SW., Project in Presidio, Texas are available. permit the parties to file comments Washington, DC 20436, Telephone: A notice of finding of no significant pertaining to the inquiries that are the (202) 205–2000. impact dated April 2, 2009, provided a subject of the CIT’s remand instructions STATUS: Open to the public. thirty (30) day comment period before and any new factual information. making the finding final. The Notice MATTERS TO BE CONSIDERED: Comments should be limited to no more was published in the Federal Register than fifteen (15) double-spaced and 1. Agenda for future meetings: None. on April 2, 2009 (Federal Register single-sided pages of textual material. 2. Minutes. Notice, Vol. 74, No. 62, Page 14999). The parties may not submit any new 3. Ratification List. FOR FURTHER INFORMATION CONTACT: factual information in their comments Daniel Borunda, Environmental 4. Inv. Nos. 701–TA–462 and 731– and may not address any issue other Protection Specialist; Environmental TA–1156–1158 (Preliminary) than the inquiries that are the subject of Management Division; United States (Polyethylene Retail Carrier Bags from the CIT’s remand instructions. Any such Section, International Boundary and Indonesia, Taiwan, and Vietnam)— comments must be filed with the Water Commission; 4171 N. Mesa, C– briefing and vote. (The Commission is Commission no later than May 29, 2009. 100; El Paso, Texas 79902. Telephone: All written submissions must conform currently scheduled to transmit its (915) 832–4767, e-mail: with the provisions of section 201.8 of determinations to the Secretary of [email protected]. the Commission’s rules; any Commerce on or before May 15, 2009; Background: The USIBWC operates submissions that contain BPI must also Commissioners’ opinions are currently and maintains the Presidio Flood conform with the requirements of scheduled to be transmitted to the Control Project (FCP) located along the sections 201.6, 207.3, and 207.7 of the Secretary of Commerce on or before May Rio Grande within the city of Presidio, Commission’s rules. The Commission’s 22, 2009.) Texas. The FCP extends approximately rules do not authorize filing of 5. Outstanding action jackets: None. 15.2 miles, from Haciendita, upstream submissions with the Secretary by In accordance with Commission of the Rio Conchos confluence, and facsimile or electronic means, except to policy, subject matter listed above, not ending downstream of Presidio near the extent permitted by section 201.8 of disposed of at the scheduled meeting, Brito Creek. In September and October the Commission’s rules, as amended, 67 may be carried over to the agenda of the 2008, the Presidio FCP levees sustained FR 68036 (Nov. 8, 2002). following meeting. major flood damage from overtopping, In accordance with sections 201.16(c) under-seepage, and erosion. The By order of the Commission. and 207.3 of the Commission’s rules, USIBWC intends to repair a 3000-foot each document filed by a party to the Issued: May 7, 2009. section of levee near Station 7+000 that investigation must be served on all other William R. Bishop, is susceptible to under-seepage and parties to the investigation (as identified Hearings and Meetings Coordinator. possible levee failure. The USIBWC will by either the public or BPI service list), [FR Doc. E9–11043 Filed 5–7–09; 4:15 pm] remediate the levee failure by and a certificate of service must be BILLING CODE 7020–02–P constructing a slurry-trench cut-off wall.
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Recent geotechnical evaluations have Washington, DC 20210, Attention: performance data submitted by states to identified this reach as requiring Karen Staha and Gail Sather, Telephone the Department of Labor and to the immediate attention in order to provide number: 202–693–3995 (this is not a Department of Education, each flood control protection to the city of toll-free number). Fax: 202–693–3490. Department determined for its Presidio in preparation of the regional E-mail: [email protected] and program(s) which states exceeded their 2009 monsoon season. [email protected]. Information may performance levels (the Appendix at the Availability: Electronic copies of the also be found at the ETA Performance bottom of this notice lists the Final EA and FONSI are available from Web site: http://www.doleta.gov/ performance of each state by program). the USIBWC Home Page at http:// performance. These lists were compared, and states www.ibwc.state.gov. SUPPLEMENTARY INFORMATION: Eleven that exceeded their performance levels Dated: May 4, 2009. (11) states (see Appendix) qualify to for both programs are eligible to apply Robert McCarthy, receive a share of the $9.7 million for and receive an incentive grant award. The amount that each state is General Counsel. available for incentive grant awards eligible to receive was determined by [FR Doc. E9–10942 Filed 5–8–09; 8:45 am] under WIA section 503. These funds, which were contributed by the the Department of Labor and the BILLING CODE 7010–01–P Department of Education from Department of Education, based on the appropriations for the Adult Education provisions in WIA section 503(c) (20 and Family Literacy Act, are available U.S.C. 9273(c)), and is proportional to DEPARTMENT OF LABOR for the eligible states to use through the total funding received by these states for WIA title IB and AEFLA Workforce Investment Act of 1998 June 30, 2011, to support innovative programs. (WIA); Notice of Incentive Funding workforce development and education Availability Based on Program Year activities that are authorized under title The states eligible to apply for (PY) 2007 Performance IB (Workforce Investment Systems) or incentive grant awards and the amounts title II (the Adult Education and Family they are eligible to receive are listed in AGENCY: Employment and Training Literacy Act (AEFLA)) of WIA, or under the following chart: Administration, Labor. the Carl D. Perkins Career and Technical ACTION: Education Act of 2006 (Perkins IV), 20 Notice. State Amount of U.S.C. 2301 et seq., as amended by award SUMMARY: The Department of Labor, in Public Law 109–270. In order to qualify collaboration with the Department of for a grant award, a state must have 1. Florida ...... $933,944 2. Illinois ...... 1,000,916 Education, announces that eleven states exceeded its performance levels for WIA 3. Indiana ...... 869,269 are eligible to apply for Workforce title IB and adult education (AEFLA). Investment Act (WIA) (Pub. L. 105–220, 4. Iowa ...... 779,429 (Due to the lack of availability of PY 5. Kansas ...... 788,155 29 U.S.C. 2801 et seq.) incentive grant 2007 performance data under the Carl D. 6. Kentucky ...... 851,748 awards authorized by section 503 of the Perkins Vocational and Technical 7. Minnesota ...... 801,528 WIA. Education Act of 1998 (Perkins III), the 8. New York ...... 1,099,410 DATES: The eleven eligible states must Department of Labor and the 9. North Carolina ...... 876,709 submit their applications for incentive Department of Education did not 10. Ohio ...... 998,255 funding to the Department of Labor by consider states’ performance levels 11. South Dakota ...... 761,088 June 25, 2009. under Perkins in determining incentive ADDRESSEE: Submit applications to the grants eligibility.) The goals included Signed in Washington, DC, this 5th day of Employment and Training employment after training and related May 2009. Administration, Office of Performance services, retention in employment, and Douglas F. Small, and Technology, 200 Constitution improvements in literacy levels, among Deputy Assistant Secretary for Employment Avenue, NW., Room S–5206, other measures. After review of the and Training.
APPENDIX
Incentive grants PY 2007–FY 2008 exceeded state performance levels State WIA AEFLA WIA Title IB; (Title IB) (Adult Education) AEFLA
Alabama ...... X ...... Alaska ...... Arizona ...... X ...... Arkansas ...... California ...... Colorado ...... Connecticut ...... X ...... District of Columbia ...... Delaware ...... X ...... Florida ...... X X X Georgia ...... X ...... Hawaii ...... X ...... Idaho ...... X ...... Illinois ...... X X X Indiana ...... X X X Iowa ...... X X X Kansas ...... X X X
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APPENDIX—Continued
Incentive grants PY 2007–FY 2008 exceeded state performance levels State WIA AEFLA WIA Title IB; (Title IB) (Adult Education) AEFLA
Kentucky ...... X X X Louisiana ...... X ...... Maine ...... X ...... Maryland ...... X ...... Massachusetts ...... X ...... Michigan ...... X ...... Minnesota ...... X X X Mississippi ...... Missouri ...... X ...... Montana ...... Nebraska ...... X ...... Nevada ...... New Hampshire ...... X ...... New Jersey ...... X ...... New Mexico ...... New York ...... X X X North Carolina ...... X X X North Dakota ...... Ohio ...... X X X Oklahoma ...... X ...... Oregon ...... X ...... Pennsylvania ...... X ...... Puerto Rico ...... X ...... Rhode Island ...... X ...... South Carolina ...... South Dakota ...... X X X Tennessee ...... X ...... Texas ...... X ...... Utah ...... Vermont ...... Virginia ...... X ...... Washington ...... X ...... West Virginia ...... X ...... Wisconsin ...... X ...... Wyoming ...... X ...... States in bold exceeded their performance levels for both AEFLA and WIA Title IB programs.
[FR Doc. E9–10967 Filed 5–8–09; 8:45 am] and Training Administration, has Interested persons are invited to BILLING CODE 4510–FN–P instituted investigations pursuant to submit written comments regarding the Section 221(a) of the Act. subject matter of the investigations to The purpose of each of the the Director, Division of Trade DEPARTMENT OF LABOR investigations is to determine whether Adjustment Assistance, at the address the workers are eligible to apply for shown below, not later than May 21, Employment and Training adjustment assistance under Title II, 2009. Administration Chapter 2, of the Act. The investigations The petitions filed in this case are will further relate, as appropriate, to the available for inspection at the Office of Investigations Regarding Certifications determination of the date on which total the Director, Division of Trade of Eligibility To Apply for Worker or partial separations began or Adjustment Assistance, Employment Adjustment Assistance and Alternative threatened to begin and the subdivision and Training Administration, U.S. Trade Adjustment Assistance of the firm involved. The petitioners or any other persons Department of Labor, Room N–5428, Petitions have been filed with the showing a substantial interest in the 200 Constitution Avenue, NW., Secretary of Labor under Section 221(a) subject matter of the investigations may Washington, DC 20210. of the Trade Act of 1974 (‘‘the Act’’) and request a public hearing, provided such Signed at Washington, DC, this 4th day of are identified in the Appendix to this request is filed in writing with the May 2009. notice. Upon receipt of these petitions, Director, Division of Trade Adjustment Linda G. Poole, the Director of the Division of Trade Assistance, at the address shown below, Certifying Officer, Division of Trade Adjustment Assistance, Employment not later than May 21, 2009. Adjustment Assistance.
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APPENDIX [TAA petitions instituted between 4/20/09 and 4/24/09]
Date of Date of TA–W Subject firm (petitioners) Location institution petition
65816 ...... Saint-Gobain Containers (Union) ...... Waxahachie, TX ...... 04/20/09 04/17/09 65817 ...... BAE Systems Controls, Inc. (Comp) ...... Irving, TX ...... 04/20/09 04/15/09 65818 ...... Findlay Industries, Inc. (Wkrs) ...... Dublin, VA ...... 04/20/09 04/16/09 65819 ...... Williams International (Wkrs) ...... Ogden, UT ...... 04/20/09 04/13/09 65820 ...... Swanson Group/Swanson Aviation, LLC (Wkrs) ...... Grants Pass, OR ...... 04/20/09 04/15/09 65821 ...... CTH Sherrill Occasional (Comp) ...... Hickory, NC ...... 04/20/09 04/17/09 65822 ...... DRS Laurel Technologies (Wkrs) ...... Johnstown, PA ...... 04/20/09 04/18/09 65823 ...... Valeo Electrical Systems (IUECWA) ...... Rochester, NY ...... 04/21/09 04/20/09 65824 ...... Bentex Mills, Inc. (Comp) ...... Greensboro, NC ...... 04/21/09 04/20/09 65825 ...... Caster, Inc. (Wkrs) ...... N. Hollywood, CA ...... 04/21/09 04/05/09 65826 ...... Integrated Manufacturing Technologies, Inc. (Comp) ...... Elgin, TX ...... 04/21/09 04/20/09 65827 ...... Plasma Automation (Wkrs) ...... Meadville, PA ...... 04/21/09 04/20/09 65828 ...... Foamade Industries (Wkrs) ...... Hillsdale, MI ...... 04/21/09 04/13/09 65829 ...... Sierra Pacific Industries (Comp) ...... Camino, CA ...... 04/21/09 04/13/09 65830 ...... Maggy London International Ltd (Wkrs) ...... New York, NY ...... 04/21/09 03/19/09 65831 ...... Cox Manufacturing Company, Inc. (Wkrs) ...... Hildebran, NC ...... 04/22/09 04/21/09 65832 ...... Greenville Metals, Inc. (Comp) ...... Transfer, PA ...... 04/22/09 04/21/09 65833 ...... Reed Elsevier (Wkrs) ...... Greensboro, NC ...... 04/22/09 04/20/09 65834 ...... Boise Cascade, LLC (State) ...... LaGrande, OR ...... 04/22/09 04/20/09 65835 ...... Leroy Somer (Wkrs) ...... Lexington, TN ...... 04/22/09 04/21/09 65836 ...... EDS, an HP Company (Wkrs) ...... Kokomo, IN ...... 04/22/09 04/20/09 65837 ...... Duro Textiles, LLC (Comp) ...... Fall River, MA ...... 04/22/09 04/17/09 65838 ...... C & W Industries, Inc. (Comp) ...... Malden, MA ...... 04/22/09 04/21/09 65839 ...... JCIM Subsidiary of JCI, Inc. (State) ...... Plymouth, MI ...... 04/22/09 03/22/09 65840 ...... East Coast Entertainment Productions (Comp) ...... Norfolk, VA ...... 04/23/09 04/23/09 65841 ...... John D Hollingsworth on Wheels Inc (Wkrs) ...... Greenville, SC ...... 04/23/09 04/15/09 65842 ...... Allegheny Technologies Inc (State) ...... Albany, OR ...... 04/23/09 04/22/09 65843 ...... SolarWorld Ind America (Wkrs) ...... Vancouver, WA ...... 04/23/09 04/20/09 65844 ...... Murphy Veneer (Wkrs) ...... White City, OR ...... 04/24/09 04/17/09 65845 ...... Broyhill Furniture (Wkrs) ...... Rutherfordton, NC ...... 04/24/09 04/23/09 65846 ...... Allied Manufacturing Tech (State) ...... Lincolnton, NC ...... 04/24/09 04/23/09 65847 ...... TimBar Packaging and Display (Comp) ...... Vernon, NY ...... 04/24/09 04/23/09 65848 ...... Mag Automation & Controls (Wkrs) ...... Machesney Park, IL ...... 04/24/09 03/25/09 65849 ...... Stimson Lumber Company (IAMAW) ...... Clatskanie, OR ...... 04/24/09 04/13/09
[FR Doc. E9–10896 Filed 5–8–09; 8:45 am] Signed at Washington, DC, this 15th day of Signed at Washington, DC, this 9th day of April, 2009. BILLING CODE 4510–FN–P April 2009. Linda G. Poole, Linda G. Poole, Certifying Officer, Division of Trade Certifying Officer, Division of Trade DEPARTMENT OF LABOR Adjustment Assistance. Adjustment Assistance. [FR Doc. E9–10910 Filed 5–8–09; 8:45 am] [FR Doc. E9–10886 Filed 5–8–09; 8:45 am] Employment and Training BILLING CODE 4510–FN–P BILLING CODE 4510–FN–P Administration
[TA–W–65,511] DEPARTMENT OF LABOR DEPARTMENT OF LABOR Employment and Training FMC Manufacturing, LLC; Monmouth, Employment and Training Administration IL; Notice of Termination of Administration Investigation [TA–W–65,685] [TA–W–65,794] Pursuant to Section 221 of the Trade Act of 1974, as amended, an Burke Industrial Supply, Inc.; Morganton, NC; Notice of Termination Leggett and Platt, Inc., Whittier, CA; investigation was initiated on March 6, of Investigation Notice of Termination of Investigation 2009 in response to a petition filed on behalf of workers of FMC Pursuant to Section 221 of the Trade Pursuant to Section 221 of the Trade Manufacturing, LLC, Monmouth, Act of 1974, as amended, an Act of 1974, as amended, an Illinois. investigation was initiated on March 26, investigation was initiated on April 14, The petitioner has requested that the 2009 in response to a petition filed by 2009, in response to a petition filed on petition be withdrawn. Therefore, the a company official on behalf of workers behalf of workers of Leggett and Platt, investigation under this petition has of Burke Industrial Supply, Inc., Whittier, California. Morganton, North Carolina. been terminated. The petitioner has requested that the The petitioner has requested that the petition be withdrawn. Consequently, petition be withdrawn. Consequently, the investigation has been terminated. the investigation has been terminated.
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Signed at Washington, DC, this 16th day of Signed at Washington, DC, this 13th day of DEPARTMENT OF LABOR April 2009. April 2009. Elliott S. Kushner, Linda G. Poole, Employment and Training Certifying Officer, Division of Trade Certifying Officer, Division of Trade Administration Adjustment Assistance. Adjustment Assistance. [FR Doc. E9–10865 Filed 5–8–09; 8:45 am] [FR Doc. E9–10866 Filed 5–8–09; 8:45 am] [TA–W–65,602] BILLING CODE 4510–FN–P BILLING CODE 4510–FN–P LeeMAH Electronics, San Francisco, CA; Notice of Termination of DEPARTMENT OF LABOR DEPARTMENT OF LABOR Investigation Employment and Training Employment and Training Pursuant to Section 221 of the Trade Administration Administration Act of 1974, as amended, an [TA–W–65,103] investigation was initiated on March 16, [TA–W–65,089] 2009 in response to a petition filed on Dan Draexlmaier Automotive North behalf of the workers at LeeMAH Brunswick Corporation, Crestliner America, Duncan, SC; Notice of Electronics, Inc., San Francisco, Division, Little Falls, MN; Notice of Termination of Investigation California. Termination of Investigation Pursuant to Section 221 of the Trade The petitioners have requested that Act of 1974, as amended, an the petition be withdrawn. Pursuant to Section 221 of the Trade investigation was initiated on February Consequently, the investigation has Act of 1974, as amended, an 4, 2009 in response to a petition filed on been terminated. investigation was initiated on February behalf of workers at Dan Draexlmaier 3, 2009 in response to a petition filed by Automotive North America, Duncan, Signed at Washington, DC, this 15th day of a Minnesota state agency representative South Carolina. The workers at the April 2009. on behalf of workers at Brunswick subject facility are engaged in program Richard Church, Corporation, Crestliner Division, Little management, sales and logistics related Certifying Officer, Division of Trade Falls, Minnesota. The workers at the to the production of interior systems for Adjustment Assistance. subject facility produce aluminum automobiles. [FR Doc. E9–10914 Filed 5–8–09; 8:45 am] boats. The petitioners have requested that BILLING CODE 4510–FN–P The petitioner has requested that the the petition be withdrawn. Consequently, the investigation has petition be withdrawn. Consequently, been terminated. DEPARTMENT OF LABOR the investigation has been terminated. Signed in Washington, DC, this 15th day of Signed in Washington, DC, this 15th day of April 2009. Employment and Training April 2009. Richard Church, Administration Richard Church, Certifying Officer, Division of Trade Certifying Officer, Division of Trade Adjustment Assistance. [TA–W–65,590] Adjustment Assistance. [FR Doc. E9–10868 Filed 5–8–09; 8:45 am] Johnson Controls, Inc., Pulaski, TN; [FR Doc. E9–10867 Filed 5–8–09; 8:45 am] BILLING CODE 4510–FN–P BILLING CODE 4510–FN–P Notice of Termination of Investigation
DEPARTMENT OF LABOR Pursuant to Section 221 of the Trade DEPARTMENT OF LABOR Act of 1974, as amended, an Employment and Training investigation was initiated on March 13, Employment and Training Administration 2009 in response to a worker petition filed by a company official on behalf of Administration [TA–W–65,611] workers of Johnson Controls, Inc., [TA–W–64,933] Kreber; High Point, NC; Notice of Pulaski, Tennessee. Termination of Investigation The petitioner has requested that the Wolf Appliance, A Division of Sub Zero Pursuant to Section 221 of the Trade petition be withdrawn. Consequently, Freezer Inc., Fitchburg, WI; Notice of the investigation has been terminated. Termination of Investigation Act of 1974, as amended, an investigation was initiated on March 17, Signed at Washington, DC, this 16th day of Pursuant to Section 221 of the Trade 2009 in response to a petition filed by April 2009. Act of 1974, as amended, an a company official on behalf of workers Elliott S. Kushner, investigation was initiated on January of Kreber, High Point, North Carolina. Certifying Officer, Division of Trade The petitioner has requested that the 22, 2009 in response to a petition filed Adjustment Assistance. petition be withdrawn. Consequently, by the Sheet Metal Workers, Local 565 [FR Doc. E9–10913 Filed 5–8–09; 8:45 am] the investigation has been terminated. on behalf of workers of Wolf Appliance, BILLING CODE 4510–FN–P a division of Sub Zero Freezer Inc., Signed at Washington, DC, this 20th day of Fitchburg, Wisconsin. April 2009. Linda G. Poole, The petitioner has requested that the Certifying Officer, Division of Trade petition be withdrawn. Therefore, the Adjustment Assistance. investigation under this petition has [FR Doc. E9–10915 Filed 5–8–09; 8:45 am] been terminated. BILLING CODE 4510–FN–P
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DEPARTMENT OF LABOR DEPARTMENT OF LABOR DEPARTMENT OF LABOR
Employment and Training Employment and Training Employment and Training Administration Administration Administration
[TA–W–65,517] [TA–W–65,501] [TA–W–65,470]
General Motors Corporation, Warren, R.H. Donnelley, Inc., Dunmore, PA; Fluidmaster, Inc., San Juan OH; Notice of Termination of Notice of Termination of Investigation Capistrano, CA; Notice of Termination Investigation of Investigation Pursuant to Section 221 of the Trade Pursuant to Section 221 of the Trade Act of 1974, as amended, an Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on March 5, Act of 1974, as amended, an investigation was initiated on March 4, 2009 in response to a worker petition investigation was initiated on March 4, 2009 in response to a petition filed by filed on behalf of workers at R.H. 2009 in response to a petition filed by the International Union, United Donnelley, Inc., Dunmore, a company official on behalf of workers Automobile, Aerospace, and Pennsylvania. The workers at the at Fluidmaster, Inc., San Juan Agricultural Implement Workers of subject facility are engaged in activities Capistrano, California. The workers at America, Local 1112, on behalf of related to the production of the subject facility produce toilet repair workers at General Motors Corporation, phonebooks. products. Warren, Ohio. The workers at the The petitioners have requested that The petitioner has requested that the subject facility assemble automobiles. the petition be withdrawn. petition be withdrawn. Consequently, The petitioner has requested that the Consequently, the investigation has the investigation has been terminated. petition be withdrawn. Consequently, been terminated. Signed in Washington, DC, this 16th day of the investigation has been terminated. Signed in Washington, DC, this 20th day of April 2009. Signed in Washington, DC, this 17th day of April 2009. Richard Church, April 2009. Richard Church, Certifying Officer, Division of Trade Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–10907 Filed 5–8–09; 8:45 am] Adjustment Assistance. [FR Doc. E9–10909 Filed 5–8–09; 8:45 am] BILLING CODE 4510–FN–P [FR Doc. E9–10912 Filed 5–8–09; 8:45 am] BILLING CODE 4510–FN–P BILLING CODE 4510–FN–P DEPARTMENT OF LABOR DEPARTMENT OF LABOR DEPARTMENT OF LABOR Employment and Training Employment and Training Administration Employment and Training Administration Administration [TA–W–65,723] [TA–W–65,488] [TA–W–65,513] Eagle Compressor, Hickman, KY; Great Lakes Recovery Systems, Notice of Termination of Investigation Tyrone Mining, LLC, Tyrone, NM; Ecorse, MI; Notice of Termination of Notice of Termination of Investigation Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an Pursuant to Section 221 of the Trade Pursuant to Section 221 of the Trade investigation was initiated on April 1, Act of 1974, as amended, an Act of 1974, as amended, an 2009 in response to a petition filed by investigation was initiated on March 6, investigation was initiated on March 4, a company official on behalf of workers 2009 in response to a worker petition 2009 in response to a petition filed by of Eagle Compressor, Hickman, filed on behalf of the workers of Tyrone the United Steelworkers, Local 1299, on Kentucky. Mining, LLC, Tyrone, New Mexico. behalf of workers at Great Lakes The petitioner has requested that the The petitioners have requested that Recovery Systems, Ecorse, Michigan. petition be withdrawn. Consequently, the petition be withdrawn. The workers at the subject facility the investigation has been terminated. produce steel alloy. Consequently, the investigation has Signed at Washington, DC, this 15th day of been terminated. The petitioner has requested that the April 2009. Signed at Washington, DC, this 15th day of petition be withdrawn. Consequently, Elliott S. Kushner, the investigation has been terminated. April 2009. Certifying Officer, Division of Trade Richard Church, Signed in Washington, DC, this 16th day of Adjustment Assistance. Certifying Officer, Division of Trade April 2009. [FR Doc. E9–10921 Filed 5–8–09; 8:45 am] Adjustment Assistance. Richard Church, BILLING CODE 4510–FN–P [FR Doc. E9–10911 Filed 5–8–09; 8:45 am] Certifying Officer, Division of Trade BILLING CODE 4510–FN–P Adjustment Assistance. [FR Doc. E9–10908 Filed 5–8–09; 8:45 am] BILLING CODE 4510–FN–P
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DEPARTMENT OF LABOR DEPARTMENT OF LABOR behalf of workers of Lincoln Electric/ Harris Products Group, Mason, Ohio. Employment and Training Employment and Training The petitioners have requested that Administration Administration the petition be withdrawn. Therefore, [TA–W–65,706] the investigation under this petition has [TA–W–64,773] been terminated. R & B Fabrications, Oakwood, OH; United States Steel, Great Lakes Notice of Termination of Investigation Signed at Washington, DC, this 9th day of April 2009. Works, Ecorse, MI; Notice of Pursuant to Section 221 of the Trade Termination of Investigation Linda G. Poole, Act of 1974, as amended, an Certifying Officer, Division of Trade investigation was initiated on March 16, Pursuant to Section 221 of the Trade Adjustment Assistance. 2009 in response to a worker petition Act of 1974, as amended, an [FR Doc. E9–10882 Filed 5–8–09; 8:45 am] filed on behalf of workers at R&B investigation was initiated on December Fabrications, Inc., Oakwood, Ohio. BILLING CODE 4510–FN–P 23, 2008 in response to a worker The petitioners have requested that petition filed on behalf of workers at the petition be withdrawn. DEPARTMENT OF LABOR United States Steel, Great Lakes Works, Consequently, the investigation has Ecorse, Michigan. The workers at the been terminated. Employment and Training subject facility produce flat rolled steel. Signed at Washington, DC, this 15th day of Administration The petitioners have requested that April 2009. the petition be withdrawn. Richard Church, [TA–W–65,580] Consequently, the investigation has Certifying Officer, Division of Trade been terminated. Adjustment Assistance. Sipco, Incorporated, Meadville, PA; Signed in Washington, DC, this 15th day of [FR Doc. E9–10887 Filed 5–8–09; 8:45 am] Notice of Termination of Investigation April 2009. BILLING CODE 4510–FN–P Pursuant to Section 221 of the Trade Richard Church, Act of 1974, as amended, an Certifying Officer, Division of Trade DEPARTMENT OF LABOR investigation was initiated on March 12, Adjustment Assistance. 2009 in response to a petition filed by [FR Doc. E9–10898 Filed 5–8–09; 8:45 am] Employment and Training a company official on behalf of workers BILLING CODE 4510–FN–P Administration of Sipco, Incorporated, Meadville, [TA–W–65,677] Pennsylvania. The petitioner has requested that the DEPARTMENT OF LABOR Jeld-Wen, Inc., Klamath Falls, OR; petition be withdrawn. Therefore, the Notice of Termination of Investigation Employment and Training investigation under this petition has Administration Pursuant to Section 221 of the Trade been terminated. Act of 1974, as amended, an Signed at Washington, DC, this 13th day of investigation was initiated on March 25, [TA–W–65,724] April 2009. 2009 in response to a worker petition Linda G. Poole, filed by workers of Jeld-Wen, Inc., Ryerson, Inc., Portland, OR; Notice of Certifying Officer, Division of Trade Termination of Investigation Klamath Falls, Oregon. The petitioner has requested that the Adjustment Assistance. petition be withdrawn. Consequently, [FR Doc. E9–10880 Filed 5–8–09; 8:45 am] Pursuant to Section 221 of the Trade BILLING CODE 4510–FN–P Act of 1974, as amended, an the investigation has been terminated. investigation was initiated on April 1, Signed at Washington, DC, this 9th day of 2009 in response to a worker petition April 2009. DEPARTMENT OF LABOR filed on behalf of workers at Ryerson, Elliott S. Kushner, Inc., Portland, Oregon. Certifying Officer, Division of Trade Employment and Training Adjustment Assistance. The petitioners have requested that Administration [FR Doc. E9–10885 Filed 5–8–09; 8:45 am] the petition be withdrawn. BILLING CODE 4510–FN–P Consequently, the investigation has [TA–W–65,550] been terminated. Ceridian Corporation, Minneapolis, Signed at Washington, DC, this 10th day of DEPARTMENT OF LABOR MN; Notice of Termination of April 2009. Investigation Employment and Training Richard Church, Administration Certifying Officer, Division of Trade Pursuant to Section 221 of the Trade Adjustment Assistance. [TA–W–65,598] Act of 1974, as amended, an [FR Doc. E9–10890 Filed 5–8–09; 8:45 am] investigation was initiated on March 11, Lincoln Electric/Harris Products 2009 in response to a petition filed on BILLING CODE 4510–FN–P Group, Mason, OH; Notice of behalf of workers of Ceridian Termination of Investigation Corporation, Minneapolis, Minnesota. Pursuant to Section 221 of the Trade The petitioner has requested that the Act of 1974, as amended, an petition be withdrawn. Therefore, the investigation was initiated on March 16, investigation under this petition has 2009 in response to a petition filed on been terminated.
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Signed at Washington, DC, this 14th day of DEPARTMENT OF LABOR 2009 in response to a petition filed by April 2009. the United Steelworkers of America, Linda G. Poole, Employment and Training Local 1–00592 on behalf of workers of Certifying Officer, Division of Trade Administration Bayloff Stamped Products, Kinsman, Adjustment Assistance. [TA–W–65,639] Ohio. [FR Doc. E9–10877 Filed 5–8–09; 8:45 am] The petitioner has requested that the BILLING CODE 4510–FN–P Business Confidential; Tyco Safety petition be withdrawn. Therefore, the Products, Westminster, MA; Notice of investigation under this petition has Termination of Investigation been terminated. DEPARTMENT OF LABOR Pursuant to Section 221 of the Trade Signed at Washington, DC, this 10th day of Employment and Training Act of 1974, as amended, an April 2009. Administration investigation was initiated on March 20, Linda G. Poole, 2009 in response to a petition filed by Certifying Officer, Division of Trade [TA–W–65,537] a company official on behalf of the Adjustment Assistance. Avery Dennison Information And workers of Tyco Safety Products, [FR Doc. E9–10873 Filed 5–8–09; 8:45 am] Brand Management Division, Sayre, Westminster, Massachusetts. BILLING CODE 4510–FN–P PA; Notice of Termination of The petitioners requested that the Investigation petition be withdrawn. Consequently, the investigation has been terminated. DEPARTMENT OF LABOR Pursuant to Section 221 of the Trade Signed at Washington, DC, this 20th day of Employment and Training Act of 1974, as amended, an April 2009. Administration investigation was initiated on March 10, Richard Church, 2009 in response to a petition filed by Certifying Officer, Division of Trade a company official on behalf of workers Adjustment Assistance. [TA–W–65,715] of Avery Dennison, Information and [FR Doc. E9–10917 Filed 5–8–09; 8:45 am] Ram Rod Industries, Prentice, WI; Brand Management Division, Sayre, BILLING CODE 4510–FN–P Pennsylvania. Notice of Termination of Investigation The petitioner has requested that the Pursuant to Section 221 of the Trade petition be withdrawn. Therefore, the DEPARTMENT OF LABOR Act of 1974, as amended, an investigation under this petition has investigation was initiated on March 31, Employment and Training been terminated. 2009 in response to a worker petition Administration Signed at Washington, DC, this 14th day of filed on behalf of the workers of Ram April 2009. [TA–W–65,754] Rod Industries, Prentice, Wisconsin. Linda G. Poole, The petitioners requested that the Certifying Officer, Division of Trade Chromalox Precision, Pittsburgh, PA; petition be withdrawn. Consequently, Adjustment Assistance. Notice of Termination of Investigation the investigation has been terminated. [FR Doc. E9–10875 Filed 5–8–09; 8:45 am] Pursuant to Section 221 of the Trade Signed at Washington, DC, this 20th day of BILLING CODE 4510–FN–P Act of 1974, as amended, an April 2009. investigation was initiated on April 6, Richard Church, 2009 in response to a petition filed on DEPARTMENT OF LABOR Certifying Officer, Division of Trade behalf of workers of Chromalox Adjustment Assistance. Employment and Training Precision, Pittsburgh, Pennsylvania. [FR Doc. E9–10920 Filed 5–8–09; 8:45 am] The petitioner has requested that the Administration BILLING CODE 4510–FN–P petition be withdrawn. Consequently, [TA–W–65,705] the investigation has been terminated. DEPARTMENT OF LABOR FLA Orthopedics, Inc., Huntersville, Signed at Washington, DC, this 16th day of April 2009. NC; Notice of Termination of Linda G. Poole, Employment and Training Investigation Administration Certifying Officer, Division of Trade Pursuant to Section 221 of the Trade Adjustment Assistance. Act of 1974, as amended, an [FR Doc. E9–10924 Filed 5–8–09; 8:45 am] [TA–W–65,621] investigation was initiated on March 31, BILLING CODE 4510–FN–P 2009 in response to a worker petition Mississippi Polymers, Incorporated, filed by a company official on behalf of Corinth, MS; Notice of Termination of workers of FLA Orthopedics, Inc., DEPARTMENT OF LABOR Investigation Huntersville, North Carolina. Pursuant to Section 221 of the Trade The petitioner has requested that the Employment and Training Administration Act of 1974, as amended, an petition be withdrawn. Consequently, investigation was initiated on March 18, the investigation has been terminated. [TA–W–65,515] 2009 in response to a petition filed by Signed at Washington, DC, this 20th day of a company official on behalf of workers April 2009. Bayloff Stamped Products, Kinsman, of Mississippi Polymers, Incorporated, Linda G. Poole, OH; Notice of Termination of Corinth, Mississippi. Investigation Certifying Officer, Division of Trade The petitioner has requested that the Adjustment Assistance. Pursuant to Section 221 of the Trade petition be withdrawn. Therefore, the [FR Doc. E9–10919 Filed 5–8–09; 8:45 am] Act of 1974, as amended, an investigation under this petition has BILLING CODE 4510–FN–P investigation was initiated on March 9, been terminated.
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Signed at Washington, DC, this 20th day of Signed at Washington, DC, this 16th day of DEPARTMENT OF LABOR April 2009. April 2009. Linda G. Poole, Linda G. Poole, Employment and Training Certifying Officer, Division of Trade Certifying Officer, Division of Trade Administration Adjustment Assistance. Adjustment Assistance. [TA–W–65,684] [FR Doc. E9–10916 Filed 5–8–09; 8:45 am] [FR Doc. E9–10901 Filed 5–8–09; 8:45 am] BILLING CODE 4510–FN–P BILLING CODE 4510–FN–P Convergys, Cincinnati, OH; Notice of Termination of Investigation Pursuant to Section 221 of the Trade DEPARTMENT OF LABOR DEPARTMENT OF LABOR Act of 1974, as amended, an Employment and Training Employment and Training investigation was initiated on February Administration Administration 26, 2009 in response to a worker petition filed on behalf of the workers [TA–W–65,743] of Convergys, Cincinnati, Ohio. [TA–W–65,180; TA–W–65,180A; TA–W– The petitioners requested that the 65,180B; TA–W–65,180C] Lionbridge US, Inc, Waltham, MA; Notice of Termination of Investigation petition be withdrawn. Consequently, the investigation has been terminated. Moduslink Corporation, Morrisville, Pursuant to Section 221 of the Trade NC; Moduslink Corporation, Signed at Washington, DC, this 20th day of Act of 1974, as amended, an Indianapolis, IN; Moduslink April 2009. investigation was initiated on April 3, Corporation, Lindon, UT; Moduslink Richard Church, 2009 in response to a petition filed by Corporation, Nashville, TN; Notice of Certifying Officer, Division of Trade an Oregon One Stop Operator on behalf Termination of Investigation Adjustment Assistance. of the workers of Lionbridge US, Inc, [FR Doc. E9–10918 Filed 5–8–09; 8:45 am] Waltham, Massachusetts. Pursuant to Section 221 of the Trade BILLING CODE 4510–FN–P Act of 1974, as amended, an Since the state official in Oregon is investigation was initiated on February not a duly authorized representative of 9, 2009 in response to a petition filed by the workers in Massachusetts, the DEPARTMENT OF LABOR a company official on behalf of workers petition is deemed invalid. Employment and Training of Moduslink, Morrisville, North Additionally, the petitioner has Administration Carolina (TA–W–65,180), Moduslink, requested that the petition be Indianapolis, Indiana (TA–65,180A), withdrawn. Consequently, the [TA–W–65,431] Moduslink, Lindon, Utah (TA–W– investigation has been terminated. 65,180B), and Moduslink, Nashville, Signed at Washington, DC, this 21st day of CWR Manufacturing Corporation, East Tennessee (TA–W–65,180C). April 2009. Syracuse, NY; Notice of Termination of Investigation The petitioner has requested that the Richard Church, petition be withdrawn. Consequently, Certifying Officer, Division of Trade Pursuant to Section 221 of the Trade the investigation has been terminated. Adjustment Assistance. Act of 1974, as amended, an [FR Doc. E9–10923 Filed 5–8–09; 8:45 am] Signed at Washington, DC, this 20th day of investigation was initiated on February BILLING CODE 4510–FN–P April 2009. 27, 2009 in response to a petition filed by a company official on behalf of Linda G. Poole, workers of CWR Manufacturing DEPARTMENT OF LABOR Certifying Officer, Division of Trade Corporation, East Syracuse, New York. Adjustment Assistance. The petitioner has requested that the [FR Doc. E9–10903 Filed 5–8–09; 8:45 am] Employment and Training Administration petition be withdrawn. Consequently, BILLING CODE 4510–FN–P the investigation has been terminated. [TA–W–65,730] Signed at Washington, DC, this 15th day of April 2009. DEPARTMENT OF LABOR Bridgestone APM Plant 1, Carey, OH; Notice of Termination of Investigation Elliott S. Kushner, Employment and Training Certifying Officer, Division of Trade Administration Pursuant to Section 221 of the Trade Adjustment Assistance. Act of 1974, as amended, an [FR Doc. E9–10906 Filed 5–8–09; 8:45 am] [TA–W–64,930] investigation was initiated on April 1, BILLING CODE 4510–FN–P 2009 in response to a petition filed by Kaiser Aluminum, Greenwood, SC; three workers on behalf of the workers Notice of Termination of Investigation at Bridgestone APM Plant 1, Carey, DEPARTMENT OF LABOR Ohio. Employment and Training Pursuant to Section 221 of the Trade The petitioners requested that the Administration Act of 1974, as amended, an petition be withdrawn. Consequently, investigation was initiated on January the investigation has been terminated. [TA–W–65,315] 22, 2009 in response to a petition filed Signed at Washington, DC, this 20th day of on behalf of workers of Kaiser April 2009. Davis International, West Point, MS; Aluminum, Greenwood, South Carolina. Richard Church, Notice of Termination of Investigation The petitioner has requested that the Certifying Officer, Division of Trade Pursuant to Section 221 of the Trade petition be withdrawn. Therefore, the Adjustment Assistance. Act of 1974, as amended, an investigation under this petition has [FR Doc. E9–10922 Filed 5–8–09; 8:45 am] investigation was initiated on February been terminated. BILLING CODE 4510–FN–P 19, 2009 in response to a worker
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petition filed by workers of Davis Signed at Washington, DC, this 15th day of DEPARTMENT OF LABOR International, West Point, Mississippi. April 2009. The petitioner has requested that the Richard Church, Employment and Training petition be withdrawn. Consequently, Certifying Officer, Division of Trade Administration the investigation has been terminated. Adjustment Assistance. [TA–W–64,360] Signed at Washington, DC, this 17th day of [FR Doc. E9–10902 Filed 5–8–09; 8:45 am] BILLING CODE 4510–FN–P April 2009. Meadwestvaco Corporation Consumer Elliott S. Kushner, and Office Products Division, Enfield, Certifying Officer, Division of Trade DEPARTMENT OF LABOR CT; Notice of Termination of Adjustment Assistance. Investigation on Reconsideration [FR Doc. E9–10905 Filed 5–8–09; 8:45 am] Employment and Training By application dated April 1, 2009, BILLING CODE 4510–FN–P Administration the petitioners requested administrative reconsideration of the Department’s [TA–W–64,918] DEPARTMENT OF LABOR negative determination regarding Lehman Brothers, Incorporated, New eligibility for workers and former Employment and Training Haven, CT; Notice of Termination of workers of MeadWestvaco Corporation, Administration Investigation Consumer and Office Products Division, [TA–W–65,312] Enfield, Connecticut (subject firm) to Pursuant to Section 221 of the Trade apply for Trade Adjustment Assistance Brown Shoe Company, Inc., Act of 1974, as amended, an (TAA) and Alternative Trade Fredericktown, MO; Notice of investigation was initiated on January Adjustment Assistance (ATAA). The Termination of Investigation 16, 2009 in response to a petition filed Department’s Notice of Affirmative by the Rapid Response Coordinator for Determination Regarding Application In accordance with Section 221 of the the State of Connecticut on behalf of for Reconsideration was signed on April Trade Act of 1974, as amended, an workers of Lehman Brothers, 7, 2009, and published in the Federal investigation was initiated on February Incorporated, New Haven, Connecticut. Register on April 16, 2009 (74 FR 19, 2009 in response to a petition filed The petitioner has requested that the 17691). by a United Food and Commercial petition be withdrawn. Consequently, The petitioners have requested that Workers Local 655 union representative the investigation has been terminated. the request for reconsideration be on behalf of workers of Brown Shoe Signed at Washington, DC, this 16th day of withdrawn. Consequently, the Company, Inc., Fredericktown, April 2009. investigation has been terminated. Missouri. Richard Church, Signed at Washington, DC, this 16th day of The petitioner has requested that the Certifying Officer, Division of Trade April 2009. petition be withdrawn. Consequently, Adjustment Assistance. Elliott S. Kushner, the investigation has been terminated. [FR Doc. E9–10900 Filed 5–8–09; 8:45 am] Certifying Officer, Division of Trade Signed in Washington, DC, this 26th day of BILLING CODE 4510–FN–P Adjustment Assistance. March 2009. [FR Doc. E9–10897 Filed 5–8–09; 8:45 am] Richard Church, BILLING CODE 4510–FN–P Certifying Officer, Division of Trade DEPARTMENT OF LABOR Adjustment Assistance. [FR Doc. E9–10904 Filed 5–8–09; 8:45 am] Employment and Training DEPARTMENT OF LABOR BILLING CODE 4510–FN–P Administration Employment and Training [TA–W–64,852] Administration DEPARTMENT OF LABOR MGP Ingredients, Inc., Pekin, IL; Notice [TA–W–65,593] Employment and Training of Termination of Investigation Administration OSF Brands Inc., Plant #8, Pursuant to Section 221 of the Trade Huntingburg, IN; Notice of Termination [TA–W–64,981] Act of 1974, as amended, an of Investigation investigation was initiated on January EFTEC North America LLC, Dayton, 12, 2009 in response to a worker Pursuant to Section 221 of the Trade OH; Notice of Termination of petition filed by officials of the United Act of 1974, as amended, an Investigation Food and Commercial Workers Union investigation was initiated on March 16, on behalf of workers at MGP 2009 in response to a petition filed on Pursuant to Section 221 of the Trade Ingredients, Inc., Pekin, Illinois. behalf of the workers of OSF Brands, Act of 1974, as amended, an The petitioners have requested that Inc., Plant #8, Huntingburg, Indiana. investigation was initiated on January the petition be withdrawn. The petitioner has requested that the 22, 2009 in response to a petition filed Consequently, the investigation has petition be withdrawn. Consequently, by the International Union, United been terminated. the investigation has been terminated. Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Signed at Washington, DC, this 15th day of Signed at Washington, DC, this 9th day of Local 888, on behalf of workers of April 2009. April 2009. EFTEC North America LLC, Dayton, Richard Church, Linda G. Poole, Ohio. Certifying Officer, Division of Trade Certifying Officer, Division of Trade The petitioner has requested that the Adjustment Assistance. Adjustment Assistance. petition be withdrawn. Consequently, [FR Doc. E9–10899 Filed 5–8–09; 8:45 am] [FR Doc. E9–10881 Filed 5–8–09; 8:45 am] the investigation has been terminated. BILLING CODE 4510–FN–P BILLING CODE 4510–FN–P
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DEPARTMENT OF LABOR DEPARTMENT OF LABOR DEPARTMENT OF LABOR
Employment and Training Employment and Training Employment and Training Administration Administration Administration
[TA–W–65,575] [TA–W–65,548] [TA–W–65,495]
Focus Products Group, Swing-A-Way, Mine Safety Appliances, Murrysville- Gerber Technology and Gerber St. Louis, MO; Notice of Termination of Soft Goods (Harness), a Subsidiary of Services, New York, NY; Notice of Investigation Mine Safety Appliances, Murrysville, Termination of Investigation PA; Notice of Termination of Pursuant to Section 221 of the Trade Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an Act of 1974, as amended, an investigation was initiated on March 12, Pursuant to Section 221 of the Trade investigation was initiated on March 5, 2009 in response to a petition filed by Act of 1974, as amended, an 2009 in response to a petition filed by a company official on behalf of workers investigation was initiated on March 10, a company official on behalf of workers of Focus Products Group, Swing-A-Way, 2009 in response to a petition filed on of Gerber Technology and Gerber St. Louis, Missouri. behalf of workers of Mine Safety Services, New York, New York. The petitioner has requested that the Appliances, Murrysville-Soft Goods The petitioner has requested that the petition be withdrawn. Consequently, (Harness), a subsidiary of Mine Safety petition be withdrawn. Therefore, the the investigation has been terminated. Appliances, Murrysville, Pennsylvania. investigation under this petition has The petitioners have requested that Signed at Washington, DC, this 14th day of been terminated. the petition be withdrawn. April 2009. Signed at Washington, DC, this 14th day of Consequently, the investigation has April 2009. Elliott S. Kushner, been terminated. Certifying Officer, Division of Trade Linda G. Poole, Adjustment Assistance. Signed at Washington, DC, this 14th day of Certifying Officer, Division of Trade [FR Doc. E9–10879 Filed 5–8–09; 8:45 am] April 2009. Adjustment Assistance. Elliott S. Kushner, BILLING CODE 4510–FN–P [FR Doc. E9–10872 Filed 5–8–09; 8:45 am] Certifying Officer, Division of Trade BILLING CODE 4510–FN–P Adjustment Assistance. DEPARTMENT OF LABOR [FR Doc. E9–10876 Filed 5–8–09; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration Employment and Training DEPARTMENT OF LABOR Administration [TA–W–65,570] Employment and Training [TA–W–65,401] Pentair Water Pool and Spa, Auburn, Administration CA; Notice of Termination of Ingersoll Rand Industrial Investigation [TA–W–65,523] Technologies, Incorporated, Southern Pines, NC; Notice of Termination of Pursuant to Section 221 of the Trade Federal Mogul Corporation, Investigation Act of 1974, as amended, an Blacksburg, VA; Notice of Termination investigation was initiated on March 12, of Investigation Pursuant to Section 221 of the Trade 2009, in response to a worker petition Act of 1974, as amended, an filed on behalf of workers at Pentair Pursuant to Section 221 of the Trade investigation was initiated on February Water Pool and Spa, Auburn, California. Act of 1974, as amended, an 26, 2009 in response to a petition filed investigation was initiated on March 9, The petitioners have requested that on behalf of workers of Ingersoll Rand 2009 in response to a petition filed by the petition be withdrawn. Industrial Technologies, Southern the International Association of Consequently, the investigation has Pines, North Carolina. Machinists and Aerospace Workers, been terminated. The petitioner has requested that the Local 2533 on behalf of workers of petition be withdrawn. Therefore, the Signed at Washington, DC, this 14th day of Federal Mogul Corporation, Blacksburg, investigation under this petition has April 2009. Virginia. been terminated. Linda G. Poole, The petitioner has requested that the Certifying Officer, Division of Trade petition be withdrawn. Therefore, the Signed at Washington, DC, this 10th day of Adjustment Assistance. investigation under this petition has April 2009. [FR Doc. E9–10878 Filed 5–8–09; 8:45 am] been terminated. Linda G. Poole, Certifying Officer, Division of Trade BILLING CODE 4510–FN–P Signed at Washington, DC, this 9th day of Adjustment Assistance. April 2009. [FR Doc. E9–10871 Filed 5–8–09; 8:45 am] Linda G. Poole, BILLING CODE 4510–FN–P Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–10874 Filed 5–8–09; 8:45 am] BILLING CODE 4510–FN–P
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DEPARTMENT OF LABOR DEPARTMENT OF LABOR 2009 in response to a petition filed by a company official on behalf of workers Employment and Training Employment and Training of 3M Company, Columbia, Missouri. Administration Administration The petitioner has requested that the [TA–W–65,814] petition be withdrawn. Consequently, [TA–W–65,311] the investigation has been terminated. Sperian Protective Gloves, USA, Signed at Washington, DC, this 13th day of Caterpillar, Inc., Large Power Systems Buffalo, NY; Notice of Termination of April 2009. Division, Mossville, IL; Notice of Investigation Linda G. Poole, Termination of Investigation In accordance with Section 221 of the Certifying Officer, Division of Trade Adjustment Assistance. Trade Act of 1974, as amended, an Pursuant to Section 221 of the Trade investigation was initiated on April 17, [FR Doc. E9–10893 Filed 5–8–09; 8:45 am] Act of 1974, as amended, an 2009 in response to a petition filed by BILLING CODE 4510–FN–P investigation was initiated on February a company official on behalf of workers 19, 2009 in response to a petition filed of Sperian Protective Gloves, USA, DEPARTMENT OF LABOR by the United Automobile, Agricultural Buffalo, New York. Implement Workers of America The petitioner has requested that the International Union, Local 974 on behalf Employment and Training petition be withdrawn. Consequently, Administration of workers of Caterpillar, Inc., Large the investigation has been terminated. Power Systems Division, Mossville, [TA–W–65,733] Signed in Washington, DC, this 21st day of Illinois. April 2009. Wausau Paper Specialty Products, The petitioner has requested that the Richard Church, LLC, a Subsidiary of Wasau Paper petition be withdrawn. Therefore, the Certifying Officer, Division of Trade Corporation, Jay, ME; Notice of investigation under this petition has Adjustment Assistance. Termination of Investigation been terminated. [FR Doc. E9–10895 Filed 5–8–09; 8:45 am] BILLING CODE 4510–FN–P Pursuant to Section 221 of the Trade Signed at Washington, DC, this 13th day of Act of 1974, as amended, an April 2009. investigation was initiated on April 2, Linda G. Poole, DEPARTMENT OF LABOR 2009, in response to a worker petition Certifying Officer, Division of Trade filed by the State Workforce Office on Adjustment Assistance. Employment and Training behalf of workers at Wausau Paper [FR Doc. E9–10870 Filed 5–8–09; 8:45 am] Administration Specialty Products, LLC, a subsidiary of BILLING CODE 4510–FN–P [TA–W–65,750] Wausau Paper Corporation, Jay, Maine. The petitioner has requested that the Chick Machine Co., Inc., Butler, PA; petition be withdrawn. Consequently, DEPARTMENT OF LABOR Notice of Termination of Investigation the investigation has been terminated. Signed at Washington, DC, this 13th day of Employment and Training Pursuant to Section 221 of the Trade April 2009. Administration Act of 1974, as amended, an Linda G. Poole, investigation was initiated on April 6, Certifying Officer, Division of Trade [TA–W–65,122] 2009 in response to a petition filed by Adjustment Assistance. a company official on behalf of workers [FR Doc. E9–10892 Filed 5–8–09; 8:45 am] of Chick Machine Co., Inc., Butler, Gunderson Rail Services, LLC, dba BILLING CODE 4510–FN–P Greenbrier Rail Services, a Subsidiary Pennsylvania. of the Greenbrier Companies, Chicago The petitioner has requested that the Heights, IL; Notice of Termination of petition be withdrawn. Consequently, DEPARTMENT OF LABOR Investigation the investigation has been terminated. Signed at Washington, DC, this 9th day of Employment and Training Pursuant to Section 221 of the Trade April 2009. Administration Act of 1974, as amended, an Richard Church, [TA–W–65,728] investigation was initiated on February Certifying Officer, Division of Trade 4, 2009 in response to a worker petition Adjustment Assistance. NCI Group, Incorporated D/B/A filed by workers of Gunderson Rail [FR Doc. E9–10894 Filed 5–8–09; 8:45 am] Robertson Ceco Corp, Lockeford, CA; Services, LLC, dba Greenbrier Rail BILLING CODE 4510–FN–P Notice of Termination of Investigation Services, a subsidiary of The Greenbrier Pursuant to Section 221 of the Trade Companies, Chicago Heights, Illinois. DEPARTMENT OF LABOR Act of 1974, as amended, an The petitioner has requested that the investigation was initiated on April 1, petition be withdrawn. Consequently, Employment and Training 2009 in response to a petition filed by the investigation has been terminated. Administration the Shop Ironworkers, Local 790 on behalf of workers of NCI Group, Signed at Washington, DC, this 14th day of [TA–W–65,741] April 2009. Incorporated doing business as Robertson Ceco Corp, Lockeford, Elliott S. Kushner, 3M Company, Columbia, MO; Notice of Termination of Investigation California. Certifying Officer, Division of Trade The petitioner has requested that the Adjustment Assistance. Pursuant to Section 221 of the Trade petition be withdrawn. Therefore, the [FR Doc. E9–10869 Filed 5–8–09; 8:45 am] Act of 1974, as amended, an investigation under this petition has BILLING CODE 4510–FN–P investigation was initiated on April 3, been terminated.
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Signed at Washington, DC, this 10th day of DEPARTMENT OF LABOR OFFICE OF THE DIRECTOR OF April 2009. NATIONAL INTELLIGENCE Linda G. Poole, Employment and Training [OMB Control No. 3440–NEW] Certifying Officer, Division of Trade Administration Adjustment Assistance. Office of the Chief Human Capital [FR Doc. E9–10891 Filed 5–8–09; 8:45 am] [TA–W–65,629] Officer; Information Collection; BILLING CODE 4510–FN–P Ancestry and Ethnicity Data Elements; Coadna Photonics, Inc., Sunnyvale, Information Collection Activities: CA; Notice of Termination of Proposed Collection; Comment DEPARTMENT OF LABOR Investigation Request
Employment and Training Pursuant to Section 221 of the Trade AGENCY: Office of the Director of Administration Act of 1974, as amended, an National Intelligence (ODNI). investigation was initiated on March 18, ACTION: Information Collection Activities: Proposed Collection; [TA–W–65,711] 2009 in response to a worker petition filed on behalf of the workers at CoAdna Comment Request. Cadmus Communications, Easton, MD; Photonics, Inc., Sunnyvale, California. SUMMARY: In accordance with the Notice of Termination of Investigation The petitioners have requested that Paperwork Reduction Act (44 U.S.C. the petition be withdrawn. 3501 et seq.), the ODNI invites the Pursuant to Section 221 of the Trade Consequently, the investigation has general public and Federal agencies to Act of 1974, as amended, an been terminated. comment on the standard data elements investigation was initiated on March 31, being reviewed under regular review Signed at Washington, DC, this 10th day of 2009 in response to a petition filed by procedures for use by the Intelligence April 2009. a state agency representative on behalf Community agencies and elements, as of workers of Cadmus Communications, Richard Church, defined by the National Security Act of Easton, Maryland. Certifying Officer, Division of Trade 1947, as amended. The title of the The petitioner has requested that the Adjustment Assistance. standard data element set is ‘‘Ancestry petition be withdrawn. Consequently, [FR Doc. E9–10884 Filed 5–8–09; 8:45 am] and Ethnicity Data Elements’’, and is for the investigation has been terminated. BILLING CODE 4510–FN–P the purpose of collecting ancestry and ethnicity data not otherwise captured in Signed at Washington, DC, this 9th day of Standard Form (SF) 181, ‘‘Ethnicity and April 2009. DEPARTMENT OF LABOR Race Identification’’. Data collected, Linda G. Poole, obtained by responding to three Certifying Officer, Division of Trade Employment and Training questions, will assist the Intelligence Adjustment Assistance. Administration Community in recruiting and retaining [FR Doc. E9–10889 Filed 5–8–09; 8:45 am] employees of various national, sub- BILLING CODE 4510–FN–P [TA–W–65,625] national, cultural and ethnic backgrounds important to the Delphi Thermal Systems, Auburn Hills, Intelligence Community’s mission. Once DEPARTMENT OF LABOR MI; Notice of Termination of the standard data elements are Investigation approved, each Federal agency and Employment and Training element of the Intelligence Community Administration Pursuant to Section 221 of the Trade may make the form available to every Act of 1974, as amended, an Intelligence Community job applicant to [TA–W–65,707] investigation was initiated on March 18, voluntarily report this information and 2009 in response to a petition filed by data through use of a paper form or Paragon Store Fixtures, Big Lake, MT; a company official on behalf of workers other agency information collection Notice of Termination of Investigation of Delphi Thermal Systems, Auburn process. Public comments are Hills, Michigan. particularly invited on: Whether this Pursuant to Section 221 of the Trade collection of information is necessary The petitioner has requested that the Act of 1974, as amended, an and whether it will have practical petition be withdrawn. Therefore, the investigation was initiated on March 31, utility; whether our estimate of the investigation under this petition has 2009 in response to a worker petition public burden of this collection of been terminated. filed by a company official on behalf of information is accurate, and based on workers of Paragon Store Fixtures, Big Signed at Washington, DC, this 10th day of valid assumptions and methodology; Lake, Montana. April 2009. ways to enhance the quality, utility, and clarity of the information to be The petitioner has requested that the Linda G. Poole, Certifying Officer, Division of Trade collected. These data elements can be petition be withdrawn. Consequently, viewed on the Web site http:// the investigation has been terminated. Adjustment Assistance. [FR Doc. E9–10883 Filed 5–8–09; 8:45 am] www.intelligence.gov. Signed at Washington, DC, this 9th day of BILLING CODE 4510–FN–P DATES: Comments must be submitted on April 2009. or before July 10, 2009. Richard Church, FOR FURTHER INFORMATION CONTACT: The Certifying Officer, Division of Trade Office of the Chief Human Capital Adjustment Assistance. Officer, ODNI, McLean, Virginia, 703– [FR Doc. E9–10888 Filed 5–8–09; 8:45 am] 275–3365. Please cite OMB Control No. BILLING CODE 4510–FN–P 3440–NEW, Ancestry and Ethnicity Data
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Elements. The form can be downloaded accordance with the Paperwork have a procedure for the resolution of from http://www.intelligence.gov. Reduction Act of 1995 (Pub. L. 104–13, disputes involving the interpretation or ADDRESSES: Submit comments regarding May 22, 1995 and 5 CFR part 1320). application of provisions of the this burden estimate or any other aspect This notice announces that the NMB has collective bargaining agreement. The of this collection of information, submitted to the Office of Management Railway Labor Act mentions system including suggestions for reducing this and Budget a request for clearance of six board of adjustment or arbitration burden via http:// (6) information collections. boards as the mechanism for resolution www.regulations.gov—a Federal E– DATES: Interested persons are invited to and is silent as to how the neutral Government Web site that allows the submit comments within 30 days from arbitrator is to be selected if the parties public to find, review, and submit the date of this publication. are unable to agree on an individual. comments on documents that agencies ADDRESSES: Written comments should The National Mediation Board provides have published in the Federal Register be addressed to June D. W. King, panels of arbitrators to help the parties and that are open for comment. Simply Director, Office of Administration, in their selection of an arbitrator. type a key term in the information National Mediation Board, 1301 K This form is necessary to assist the collection title such as ‘‘Ancestry and Street, NW., Suite 250 East, Washington, parties in this process. The parties Ethnicity’’ in quotes in the Comment or DC 20572 or should be e-mailed to invoke the process through the Submission search box, click Go, and [email protected]. submission of this form. The brief follow the instructions for submitting information is necessary for the NMB to SUPPLEMENTARY INFORMATION: Section comments. Comments received by the perform this important function. 3506 of the Paperwork Reduction Act of date specified above will be included as 1995 (U.S.C. Chapter 35) requires that Arbitration Services—Personal Data part of the official record. the Office of Management and Budget Sheet SUPPLEMENTARY INFORMATION: (OMB) provide interested Federal Frequency: On occasion. A. Purpose—This request concerns a agencies and the public an early Affected Public: Arbitrators. new information collection vehicle and opportunity to comment on information Reporting and Recordkeeping Hour is for the purpose of collecting ancestry collection requests. OMB may amend or Burden: and ethnicity data not otherwise waive the requirement for public Responses: 25 annually. captured in Standard Form (SF) 181, consultation to the extent that public ‘‘Ethnicity and Race Identification’’. Burden Hours: 25. participation in the approval process Abstract: Sections 183 and 153 of the Data collected, obtained by responding would defeat the purpose of the to three questions, will assist the Railway Labor Act, 45 U.S.C., 153 and information collection, violate State or 183, provide for the use of arbitrators in Intelligence Community in recruiting Federal law, or substantially interfere and retaining employees of various the resolution of disputes concerning with any agency’s ability to perform its the application or interpretation of national, sub-national, cultural and statutory obligations. The Chief ethnic backgrounds important to the provisions of a collective bargaining Information Officer, Finance and agreement in the airline and railroad Intelligence Community’s mission. Administration Department, publishes B. Annual Reporting Burden industries. The NMB maintains a roster that notice containing proposed of arbitrators for this purpose. The NMB Respondents: 50,000. information collection requests prior to Responses per Respondent: 3. must have a means for interested submission of these requests to OMB. Hours per Response: 1 minute. individuals to apply for inclusion on Each proposed information collection Total Burden Hours: 3 minutes. this roster. This form is the application contains the following: (1) Type of Obtaining Copies of Proposals: for inclusion on the NMB roster. The review requested, e.g. new, revision Requesters may obtain a copy of the brief information that the NMB solicits extension, existing or reinstatement; (2) information collection documents from is necessary to perform this Title; (3) Summary of the collection; (4) the Office of the Chief Human Capital responsibility under the Railway Labor Description of the need for, and Officer, ODNI, at 1500 Tysons Mclean Act. proposed use of, the information; (5) Dr., McLean, Virginia 22101, or call Respondents and frequency of Request for Public Law Board Member 703–275–3365. Please cite Ancestry and collection; and (6) Reporting and/or Ethnicity Data Elements in all Frequency: On occasion. Record keeping burden. OMB invites correspondence. Affected Public: Carrier and Union public comment. Officials of railroads. Dated: April 2, 2009. Dated: May 5, 2009. Reporting and Recordkeeping Hour Deatri L. Brewer, June D. W. King, Burden: DNI PRA Clearance Officer. Director, Office of Administration, National Responses: Estimate 15 annually. [FR Doc. E9–10475 Filed 5–8–09; 8:45 am] Mediation Board. Burden Hours: 3.75. BILLING CODE 3910–A7–P Request for Arbitration Panel for Abstract: Section 153, Second, of the Airline System Boards of Adjustment Railway Labor Act, 45 U.S.C. 153, Second, governs procedures to be NATIONAL MEDIATION BOARD Frequency: On occasion. followed by carriers and representatives Affected Public: Airline Carrier and of employees in the establishment and Submission for OMB Review; Union Officials. functioning of special adjustment Comment Request Reporting and Recordkeeping Hour boards. These special adjustment boards Burden: AGENCY: National Mediation Board are referred to as public law boards (NMB). Responses: Estimate about 80 annually. (board). The statute provides that within Burden Hours: 20. ACTION: Notice. thirty (30) days from the date a written Abstract: Section 183 of the Railway request is made by an employee SUMMARY: The Director, Office of Labor Act, 45 U.S.C., 183, provides that representative or carrier official for the Administration, invites comments on the parties to the labor-management establishment of a board, an agreement the submission for OMB review, in disputes in the airline industry must establishing such board shall be made.
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If, however, one party fails to designate compensation. This form is the vehicle PLACE: California Institute of a member of the board, the party making used to request compensation and is Technology, Pasadena, CA. the request may ask the NMB to necessary for the NMB to fulfill its TYPE OF MEETING: designate a member on behalf of the financial responsibilities. Partially Closed. other party. The NMB must designate CONTACT PERSON: Neutral’s Report of Activity Dr. Guebre X. the representative who, together with Tessema, Program Director, National the other party constitute the public Frequency: On occasion. Facilities Programs, Division of board. It will be the task of these two Affected Public: Arbitrators. Materials Research, Room 1080, Reporting and Recordkeeping Hour individuals to decide on the terms of the National Science Foundation, 4201 Burden: agreement. If these individuals are Wilson Boulevard, Arlington, VA 22230, unable to decide upon the terms, the Responses: Approximately 624 Telephone (703) 292–4935. Railway Labor Act provides that one of annually. these parties may request that the NMB Burden Hours: 156. PURPOSE OF MEETING: Site Visit Review designate a neutral to resolve the Abstract: Section 153, First and to provide advice and recommendations remaining matters which are procedural Second of the Railway Labor Act, 45 concerning two Midscale construction issues. Pursuant to 29 CFR 1207.2, U.S.C. 153, First and Second, provide projects DMR–0520547 and DMR– requests for the NMB to appoint either that the parties may use an arbitrator to 0603042 representatives or neutrals must be resolve their disputes concerning the AGENDA: made on printed forms which may be application or interpretation of the secured from the NMB. provisions of a collective bargaining Wednesday, May 27 This form is necessary for the NMB to agreement. The NMB must record the fulfill its statutory responsibilities. decisions rendered by the arbitrators 7 p.m.–8:30 p.m. Closed—Working Without this information, the NMB selected by the parties and compensated Dinner and Executive Session. would not be able to assist the railroad by the NMB. This form is used to gather Thursday, May 28 Series connected labor and management representatives that information. This brief information hybrid (DMR–0603042) in resolving disputes, which is contrary is necessary for the NMB to fulfill its to the intent of the Railway Labor Act. responsibilities under the Railway Labor 8 a.m.–11:45 a.m. Open— Act. Arbitration Services—Official Travel/ Presentations. Requests for copies of the proposed Referee Compensation Authorization information collection request may be 11:45 a.m.–12:15 p.m. Closed— Frequency: On occasion. accessed from www.nmb.gov or should Executive Session. Affected Public: Arbitrators. be addressed to Denise Murdock, NMB, 12:15 p.m.–1:15 p.m. Lunch break. Reporting and Recordkeeping Hour 1301 K Street NW., Suite 250 E, 1:30 p.m.–5 p.m. Closed—Executive Burden: Washington, DC 20572 or addressed to Session and report writing. Responses: Approximately 624 the e-mail address [email protected] or annually. faxed to 202–692–5081. Please specify 5 p.m.–7 p.m. Dinner. Burden Hours: 156. the complete title of the information 7 p.m.–10 p.m. Closed—Executive Abstract: Section 153, First and collection when making your request. session. Second of the Railway Labor Act, 45 Comments regarding burden and/or Friday, May 29 DANSE Project (DMR– U.S.C. 153, First and Second, provide the collection activity requirements 0603042) that the NMB shall compensate should be directed to June D. W. King arbitrators who resolve the resolves at 202–692–5010 or via Internet address 8 a.m.–11:45 a.m. Open—DANSE. under these sections of the Act. The [email protected]. Individuals who use a 11:45 a.m.–12:15 p.m. Closed— arbitrator must submit a written request, telecommunications device for the deaf in advance, for authorization to be (TDD/TDY) may call the Federal Executive Session. compensated for work to be performed. Information Relay Service (FIRS) at 1– 12:15 p.m.–1:15 p.m. Lunch break. The arbitrator must obtain authorization 800–877–8339. 1:15 p.m.–3 p.m. Closed—Executive before performing work. This form is the [FR Doc. E9–10790 Filed 5–8–09; 8:45 am] Session (Report Writing). request and is necessary for the NMB to BILLING CODE 7550–01–P fulfill its financial responsibilities. REASON FOR CLOSING: The work being reviewed may include information of a Arbitration Services—Pay Voucher for proprietary or confidential nature, NATIONAL SCIENCE FOUNDATION Personal Services including technical information; Frequency: On occasion. Proposal Review Panel for Materials financial data, such as salaries and Affected Public: Arbitrators. Research; Notice of Meeting personal information concerning Reporting and Recordkeeping Hour individuals associated with the Burden: In accordance with the Federal proposals. These matters are exempt Responses: Approximately 624 Advisory Committee Act (Pub. L. 92– under 5 U.S.C. 552 b(c), (4) and (6) of annually. 463 as amended), the National Science the Government in the Sunshine Act. Burden Hours: 156. Foundation announces the following Dated: May 5, 2009. Abstract: Section 153, First and meeting: Second of the Railway Labor Act, 45 NAME: Proposal Review Panel for Susanne Bolton, U.S.C. 153, First and Second, provide Materials Research, Facility Operations Committee Management Officer. that the NMB shall compensate Review Panel (1203). [FR Doc. E9–10787 Filed 5–8–09; 8:45 am] arbitrators who resolve the resolves DATES AND TIMES: Wednesday, May 27, BILLING CODE 7555–01–P under these sections of the Act. After 2009, 7 p.m.–8:30 p.m., Thursday, May the work is performed, the arbitrator 28, 2009, 8 a.m.–10 p.m., and Friday, must submit a written request for May 29, 2009, 8 a.m.–3 p.m.
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NUCLEAR REGULATORY POSTAL REGULATORY COMMISSION October 2009 volume against the prior COMMISSION year’s volume for that month and reduce [Docket No. R2009–3; Order No. 209] the rebate if the mailer is found to have [Docket Nos. 52–034–COL, ASLBP No. 09– Postal Service Price Changes mailed less in October 2009. Id. at 4. 886–09–COL–BD01, and 52–035–COL] Eligibility for the Summer Sale AGENCY: Postal Regulatory Commission. program is limited to mailers who are Luminant Generation Company, LLC; ACTION: Notice. permit holders, i.e., owners of a permit Establishment of Atomic Safety and imprint advance deposit account and Licensing Board SUMMARY: The Commission is who have a demonstrable volume of at conducting a review of the Postal least 1 million Standard Mail letters and Pursuant to delegation by the Service’s planned Standard Mail flats between October 1, 2007 and Commission dated December 29, 1972, Volume Incentive Pricing Program March 31, 2008 for one or more permit published in the Federal Register, 37 FR (Summer Sale). This document invites imprint advance deposit accounts, pre- 28,710 (1972), and the Commission’s public comment. canceled stamp permits, or postage regulations, see 10 CFR 2.104, 2.300, DATES: Comments are due May 21, 2009. meter permits. Id. at 4. Mail service 2.303, 2.309, 2.311, 2.318, and 2.321, ADDRESSES: Submit comments providers are not eligible for the notice is hereby given that an Atomic electronically via the Commission’s program due to the significant Safety and Licensing Board (Board) is Filing Online system at http:// administrative cost to the Postal Service. being established to preside over the www.prc.gov. Id. at 5. However, applicants may following proceeding: FOR FURTHER INFORMATION CONTACT: qualify for the program with volume Luminant Generation Company, LLC Stephen L. Sharfman, General Counsel, mailed through an account owned by a 202–789–6820 and mail service provider if the applicant (Comanche Peak Nuclear Power Plant, [email protected]. can adequately demonstrate that it is the Units 3 and 4) owner of the mail. Id. at 4. SUPPLEMENTARY INFORMATION: In support of the proposal, the Postal This proceeding concerns a Petition to I. Overview Service notes that the economy has Intervene and Request for Hearing dated adversely affected many postal On May 1, 2009, the Postal Service April 6, 2009 from the Sustainable customers, resulting in a precipitous filed with the Commission a notice Energy and Economic Development decline in Standard Mail volume. Id. at announcing its intention to adjust prices Coalition, et al., that was submitted in 2. The Postal Service believes the for Standard Mail letters and flats response to a February 5, 2009 Notice of Summer Sale program may help its pursuant to 39 U.S.C. 3622 and 39 CFR Order, Hearing, and Opportunity To customers increase use of Standard Mail part 3010.1 The proposed adjustment is Petition for Leave To Intervene (74 FR during what is typically a low volume in the form of a ‘‘Standard Mail Volume 6177). Petitioners challenge the period for Standard Mail. Id. at 2–3. The Incentive Pricing Program’’ (also known application filed by Luminant Postal Service also believes it will as the Summer Sale program) with a Generation Company LLC pursuant to receive intangible benefits from the planned implementation date of July 1, subpart C of 10 CFR part 52 for a proposed program, including learning 2009 and a planned expiration date of combined license for Comanche Peak information which may improve postal September 30, 2009. This proposal Nuclear Power Plant, Units 3 and 4, to data systems, gathering feedback from represents an innovative approach by be located in Somervell County, Texas. customers, which may help fine tune the Postal Service to utilize greater The Board is comprised of the future programs, and improving pricing flexibility for market dominant following administrative judges: customer relations. Id. at 3. products under the Postal Ann Marshall Young, Chair, Atomic Accountability and Enhancement Act Conformance with 39 CFR 3010. The Safety and Licensing Board Panel, (PAEA), Public Law 109–435, 120 Stat. Postal Service’s proposed schedule of U.S. Nuclear Regulatory Commission, 3218 (2006). prices appears in Appendix A, attached Washington, DC 20555–0001, to the Notice. Id. at 1. It also represents, II. Postal Service Filing in conformance with the notice Gary S. Arnold, Atomic Safety and requirements of 39 CFR 3010.14(a)(3), Licensing Board Panel, U.S. Nuclear Summer Sale Program. The proposed Summer Sale program will provide a 30 that it will issue public notice of the Regulatory Commission, Washington, price changes at least 45 days before the DC 20555–0001, percent rebate to eligible mailers on Standard Mail letters and flats volumes effective date via several additional Alice C. Mignerey, Atomic Safety and above a mailer specific threshold. Id. at means, including issuing notice of the Licensing Board Panel, U.S. Nuclear 3. The threshold is calculated based on price changes on the Postal Service’s Regulatory Commission, Washington, the percentage change between the Web site (http://www.usps.com), the DC 20555–0001. mailer’s volume during the current Postal Explorer Web site (http:// www.pe.usps.com), the DMM [Domestic All correspondence, documents, and fiscal year (through March 2009) and the Mail Manual] Advisory, and the P&C other materials shall be filed in volume for the same period last year [Producers and Consumers] Weekly, and accordance with the NRC E–Filing rule, (trend), and applying that percentage to a press release announcing the changes. which the NRC promulgated in August the volume mailed during the summer The Postal Service also states that it 2007 (72 FR 49,139). months the previous year (July 1, 2008 and September 30, 2008). Id. at 3–4. To plans to provide public notice of the Issued at Rockville, Maryland, this 4th day discourage mailers from shifting price changes in future issues of the of May 2009. planned October 2009 mailings into the PCC [Postal Customer Council] Insider, E. Roy Hawkens, Summer Sale program, the Postal MailPro, the Postal Bulletin, and the Chief Administrative Judge, Atomic Safety Service will measure each mailer’s Federal Register. Id. at 1–2. The Postal and Licensing Board Panel. Service identifies Greg Dawson, [FR Doc. E9–10930 Filed 5–8–09; 8:45 am] 1 United States Postal Service Notice of Market- Manager, Pricing Strategy, as the official BILLING CODE 7590–01–P Dominant Price Adjustment, May 1, 2009 (Notice). available to provide prompt responses
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to requests for clarification from the policies of 39 U.S.C. 3622 and 39 CFR ADDRESSES: You may submit comments Commission. part 3010. Comments are due no later and source information to Pamela M. Impact on the Price Cap. The Postal than May 21, 2009. McClam, Program Analyst, Small Service proposes to treat the program, The Commission appoints Richard A. Business Administration, Office of for purposes of the price cap, as if it Oliver and Kenneth R. Moeller to Government Contracting, 409 3rd Street, were a negotiated service agreement represent the interests of the general SW., Suite 8800, Washington, DC 20416. subject to 39 CFR 3010.24. Id. at 8. The public in this proceeding. See 39 U.S.C. FOR FURTHER INFORMATION CONTACT: Ms. Postal Service signals its intent to ignore 505. Pursuant to rule 3010.13(c), the Pamela M. McClam, by telephone at the net price decrease resulting from the Commission will issue its determination (202) 205–7408; by FAX at (202) 481– program, and for purposes of the price in this proceeding by June 4, 2009. cap, calculate revenues for the volumes 4783, or by e-mail at as though they paid the appropriate IV. Ordering Paragraphs [email protected]. non-discounted rates. Id. at 8; 39 CFR It is Ordered: SUPPLEMENTARY INFORMATION: Section 3010.24(a). Therefore, the Postal Service 1. The Commission establishes Docket 8(a)(17) of the Small Business Act (Act), makes no calculation of cap or price No. R2009–3 to consider matters raised 15 U.S.C. 637(a)(17), and SBA’s changes as described in 39 CFR by the Postal Service’s May 1, 2009 implementing regulations provide that 3010.14(b)(1) through (4). Notice at 8. filing. recipients of Federal contracts set aside Objectives and Factors, Workshare 2. Interested persons may submit Discounts, and Preferred Rates. The for small businesses, service-disabled comments on the planned price veteran-owned small businesses, or Postal Service lists the relevant adjustments. Comments are due May 21, objectives and factors of 39 U.S.C. 3622, participants in the SBA’s 8(a) Business 2009. Development Program must provide the and claims that the program supports 3. Pursuant to 39 U.S.C. 505, the several factors and is unlikely to impact product of a small business Commission appoints Richard A. Oliver manufacturer or processor, if the the ability of Standard Mail (as a class) and Kenneth R. Moeller to represent the to cover its costs. Id. at 8–13. The Postal recipient is other than the actual interests of the general public in this manufacturer or processor of the Service also asserts that, to the extent it proceeding. affects workshare discounts, the product. This requirement is commonly 4. The Commission directs the referred to as the Nonmanufacturer program will shrink them, keeping Secretary of the Commission to arrange discounts with a passthrough of 100 Rule. 13 CFR 121.406(b), 125.15(c). for prompt publication of this Notice in Section 8(a)(17)(b)(iv) of the Act percent or less in compliance, and the Federal Register. bringing passthroughs over 100 percent authorizes SBA to waive the closer to compliance. Id. at 13. The By the Commission. Nonmanufacturer Rule for any ‘‘class of Postal Service also indicates that Steven W. Williams, products’’ for which there are no small Standard Mail letters and flats entered Secretary. business manufacturers or processors at nonprofit prices will be eligible for [FR Doc. E9–10862 Filed 5–8–09; 8:45 am] available to participate in the Federal the same rebate, and since the rebate is BILLING CODE 7710–FW–P market. a fixed percentage, the 60 percent In order to be considered available to differential between regular and participate in the Federal market for a nonprofit prices will remain unchanged. SMALL BUSINESS ADMINISTRATION class of products, a small business Id. manufacturer must have submitted a Mail Classification Schedule (MCS) Small Business Size Standards: proposal for a contract solicitation or Language. The Postal Service addresses Waiver of the Nonmanufacturer Rule received a contract from the Federal 39 CFR 3010.14(b)(9) in Appendix A of government within the last 24 months. AGENCY: U.S. Small Business its Notice. Id. at 1. This rule requires 13 CFR 121.1202(1). The SBA defines Administration. that the notice include all the changes ‘‘class of products’’ based on a six digit to the product descriptions within the ACTION: Notice of intent to waive the coding system. The coding system is the MCS that are necessitated by the Nonmanufacturer Rule for Product Office of Management and Budget North planned price adjustments. These Service Code (PSC) 9130—Liquid American Industry Classification changes are presented based on draft Propellants—Petroleum Base. System (NAICS). In addition, SBA uses MCS language being developed by the product service codes to identify Commission in cooperation with the SUMMARY: The U. S. Small Business Administration (SBA) is considering particular products within the NAICS Postal Service. The draft MCS will be code to which a waiver would apply. the subject of a future rulemaking, granting a waiver of the The SBA is currently processing a which will include the opportunity for Nonmanufacturer Rule for PSC 9130— request to waive the Nonmanufacturer public comment. The Postal Service Liquid Propellants—Petroleum Base. Rule under NAICS code 324110, for provides the proposed MCS revisions in According to a request, no small Petroleum Refineries, PSC 9130—Liquid Appendix A. business manufacturers supply these classes of products to the Federal Propellants—Petroleum Base. III. Commission Action government. If granted, the waiver The public is invited to comment or The Commission establishes Docket would allow otherwise qualified provide source information to SBA on No. R2009–3 to consider all matters nonmanufacturer to supply the products the proposed waivers of the related to the Notice as required by 39 of any manufacturer on a Federal Nonmanufacturer Rule for this class of U.S.C. 3622. The Commission’s rules contract set aside for small businesses, products within 15 days after date of provide for a 20 day comment period service-disabled veteran-owned small publication in the Federal Register. starting from the date of the filing of the businesses, or participants in the SBA’s Notice. See 39 CFR 3010.13(a)(5). 8(a) Business Development Program. Karen C. Hontz, Interested persons may express views DATES: Comments and source Director for Government Contracting. and offer comments on whether the information must be submitted May 26, [FR Doc. E9–10926 Filed 5–8–09; 8:45 am] planned changes are consistent with the 2009. BILLING CODE 8025–01–P
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SECURITIES AND EXCHANGE For further information and to SECURITIES AND EXCHANGE COMMISSION ascertain what, if any, matters have been COMMISSION added, deleted or postponed, please Sunshine Act Meeting contact: The Office of the Secretary at [Release No. 34–59861; File No. SR– NYSEArca–2009–33] Notice is hereby given, pursuant to (202) 551–5400. the provisions of the Government in the Dated: May 7, 2009. Self-Regulatory Organizations; NYSE Sunshine Act, Public Law 94–409, that Elizabeth M. Murphy, Arca, Inc.; Notice of Filing and Order the Securities and Exchange Secretary. Granting Accelerated Approval of Commission will hold an Open Meeting [FR Doc. E9–11015 Filed 5–7–09; 11:15 am] Proposed Rule Change Relating to the on Wednesday, May 13, 2009 at 10 a.m., Listing and Trading of Safety First in the Auditorium, Room L–002. BILLING CODE 8010–01–P Trust Certificates Linked to the Dow The subject matter of the Open Jones Industrial Average Meeting will be: SECURITIES AND EXCHANGE May 5, 2009. The Commission will hear oral COMMISSION argument in an appeal by Thomas C. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 Bridge, James D. Edge, and Jeffrey K. Sunshine Act Meeting 1 2 Robles from the decision of an (‘‘Act’’) and Rule 19b–4 thereunder, notice is hereby given that on April 22, administrative law judge. The law judge Notice is hereby given, pursuant to found that Bridge, a registered 2009, NYSE Arca, Inc. (‘‘NYSE Arca’’ or the provisions of the Government in the the ‘‘Exchange’’) filed with the representative formerly associated with Sunshine Act, Public Law 94–409, that A.G. Edwards, and Charles Sacco, Securities and Exchange Commission the Securities and Exchange (‘‘Commission’’) the proposed rule another former A.G. Edwards registered Commission will hold an Open Meeting representative who settled a related change as described in Items I and II on Thursday, May 14, 2009 at 10 a.m., below, which Items have been prepared Commission proceeding against him, in the Auditorium, Room L–002. willfully violated Section 17(a) of the by the Exchange. The Commission is Securities Act of 1933, Section 10(b) of The subject matter of the Open publishing this notice to solicit the Securities Exchange Act of 1934, Meeting will be: comments on the proposed rule change from interested persons and is and Exchange Act Rule 10b–5 by taking The Commission will consider approving the proposed rule change on action to ‘‘continue market timing after custody-related matters, including an accelerated basis. they had been restricted from doing so’’ whether to propose amendments to rule by registered investment companies. 206(4)–2 under the Investment Advisers I. Self-Regulatory Organization’s The law judge further found that Edge, Act of 1940 and related forms and rules. Statement of the Terms of Substance of Bridge’s supervisor, failed reasonably to The proposed amendments would the Proposed Rule Change supervise Bridge with a view to enhance the protections provided NYSE Arca, through its wholly-owned preventing his antifraud violations, and advisory clients when they entrust their subsidiary NYSE Arca Equities, Inc. that Robles, Sacco’s supervisor, failed funds and securities to an investment (‘‘NYSE Arca Equities’’ or the reasonably to supervise Sacco. adviser. If adopted, the amendments ‘‘Corporation’’), proposes to list under For these violations, the law judge would require investment advisers NYSE Arca Equities Rule 5.2(j)(7) imposed the following sanctions: Bridge having custody of client funds and (‘‘Trust Certificates’’) Safety First Trust was ordered to cease and desist from securities to obtain a surprise Series 2009–2, Principal-Protected Trust violating or causing violations of the examination by an independent public Certificates Linked to the Dow Jones antifraud provisions, to disgorge accountant, and, unless the client assets Industrial Average. The text of the approximately $40,000 plus proposed rule change is available on the prejudgment interest, to pay a $250,000 are maintained with an independent custodian, obtain a review of custodial Exchange’s Web site at http:// civil penalty, and to serve a one-year www.nyx.com, at the Exchange’s suspension from associating with a controls from an independent public accountant. principal office and at the Commission’s broker or dealer. Edge and Robles were Public Reference Room. both ordered to pay a $250,000 civil For further information and to penalty, were barred from associating ascertain what, if any, matters have been II. Self-Regulatory Organization’s with a broker or dealer in a supervisory added, deleted or postponed, please Statement of the Purpose of, and capacity, and were suspended from contact: Statutory Basis for, the Proposed Rule Change associating with a broker or dealer in The Office of the Secretary at (202) any capacity for thirty days. 551–5400. In its filing with the Commission, the Among the issues likely to be argued self-regulatory organization included are whether Bridge’s and Sacco’s Dated: May 7, 2009. statements concerning the purpose of, conduct in connection with their market Elizabeth M. Murphy, and basis for, the proposed rule change timing activity was fraudulent, whether Secretary. and discussed any comments it received Edge and Robles provided reasonable [FR Doc. E9–11077 Filed 5–7–09; 4:15 pm] on the proposed rule change. The text supervision under the circumstances, BILLING CODE 8010–01–P of those statements may be examined at and, if so, whether and to what extent the places specified in Item III below. sanctions should be imposed on them. The Exchange has prepared summaries, Commissioner Casey, as duty officer, set forth in sections A, B, and C below, determined that no earlier notice thereof of the most significant parts of such was possible. statements. At times, changes in Commission priorities require alterations in the 1 15 U.S.C. 78s(b)(1). scheduling of meeting items. 2 17 CFR 240.19b–4.
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A. Self-Regulatory Organization’s the Dow Jones Industrial Average If the value of the Index on the Statement of the Purpose of, and (‘‘Index’’) during the term of the Valuation Date is less than or equal to Statutory Basis for, the Proposed Rule Certificates. The Supplemental its value on the pricing date, the Change Distribution Amount for each Certificate Security Return Amount for each security will equal the product of (a) 1. Purpose will equal the product of (a) $10, (b) the percentage change in the value of the $10 and (b) the percentage decrease in As provided in NYSE Arca Equities Index and (c) the Participation Rate, the Index. Thus, because the holder’s Rule 5.2(j)(7), Trust Certificates are which is 100%–110%,5 provided that participation in the depreciation of the certificates representing an interest in a the Supplemental Distribution Amount Index is not limited by the Participation special purpose trust created pursuant will not be less than zero.6 Rate, if the value of the Index on the to a trust agreement. The trust only A holder of the Certificates has an Valuation Date is less than its value on issues Trust Certificates, which may or interest in two separate securities— the pricing date, investors will may not provide for the repayment of equity index participation securities participate fully in the depreciation of the original principal investment (‘‘Securities’’) and equity index warrants the Index (e.g., if the Index falls 30%, amount. The sole purpose of the trust is (‘‘Warrants’’) of Citigroup Funding Inc.7 the Security Return Amount would be to invest the proceeds from its initial The assets of the Trust will consist of ¥$3.00 ($10 times ¥0.30) and the public offering to provide for a return the Securities and the Warrants. Security Payment would be $7.00 ($10 linked to the performance of specified Beginning on the date the Certificates minus $3.00). The Security Return assets and to engage only in activities are issued and ending one business day Amount will be used only for the incidental to these objectives. Trust prior to the Valuation Date,8 a holder purpose of determining the Security Certificates pay an amount at maturity can exercise an ‘‘exchange right.’’ A Payment for the Securities and is based upon the performance of an holder can exercise the exchange right different from the Supplemental underlying index or indexes of equity by providing notice to his or her broker Distribution Amount used in securities (‘‘Equity Index Reference and instructing the broker to forward determining the maturity payment on Asset’’); instruments that are direct that notice to the institutional trustee for the Certificates. obligations of the issuing company, the Certificates (U.S. Bank National The Warrants will be automatically either exercisable throughout their life Association), on any business day, to exercised on the Maturity Date. If the (i.e., American style) or exercisable only exchange the Certificates the investor value of the Index increases or does not on their expiration date (i.e., European holds for a pro rata portion of the assets change, the Warrants will pay zero. If style), entitling the holder to a cash of the Trust, which consist of the the value of the Index decreases, the settlement in U.S. dollars to the extent Securities and the Warrants. According warrants will pay a positive amount that the foreign or domestic index has to the Registration Statement, such equal to the product of (a) $10 and (b) declined below (for a put warrant) or holders will lose the benefit of principal the percentage decrease in the value of increased above (for a call warrant) the protection at maturity, and this could the Index. pre-stated cash settlement value of the result in their receiving substantially The Certificates are similar to index (‘‘Index Warrants’’); or a less than the amount of the original securities previously approved by the combination of two or more Equity investment in the Certificates. In order Commission for listing on the Exchange, Index Reference Assets or Index to exercise the exchange right, the including Trust Certificates issued by Warrants, as set forth in NYSE Arca investor’s account must be approved for Citigroup Funding, Inc. based on the Equities Rule 5.2(j)(7). 9 Index and other indexes.10 At least one The Exchange proposes to list under options trading. The Securities will mature on the million publicly held trading units will NYSE Arca Equities Rule 5.2(j)(7) the Maturity Date. At maturity, each be issued prior to listing and trading on Safety First Trust Series 2009–2, Security will pay a ‘‘Security Payment’’ the Exchange, with at least 400 public Principal-Protected Trust Certificates equal to $10 plus a ‘‘Security Return beneficial holders. The issuer of the Linked to the Dow Jones Industrial Amount,’’ which could be positive, zero Certificates, Citigroup Funding, Inc. has Average (‘‘Certificates’’).3 According to or negative. If the value of the Index on total assets of at least $100 million and the Registration Statement, the Certificates are preferred securities of the Valuation Date is greater than its net worth of at least $10 million. In Safety First Trust Series 2009–2 value on the pricing date, the Security addition, the issuer will be required to Return Amount for each Security will (‘‘Trust’’) and will mature on a specified 10 date in 2014 (‘‘Maturity Date’’).4 equal the product of (a) $10, (b) the See Securities Exchange Release No. 59051 percentage increase in the Index and (c) (December 4, 2008), 73 FR 75155 (December 10, Investors will receive at maturity for 2008) (SR–NYSEArca–2008–123) (order approving each certificate held intact (that is, that the Participation Rate, which equals Rule 5.2(j)(7) and listing on the Exchange of 14 has not been exchanged by the holder, 100%–110% (e.g., assuming a issues thereunder). Two of the issues in SR– as described below) an amount in cash Participation Rate of 100%, if the Index NYSEArca–2008–123 related to Trust Certificates rises 30%, the Security Return Amount based on the Index and other indexes: Safety First equal to $10 plus a ‘‘Supplemental Trust Series 2007–3 linked to the Dow Jones Distribution Amount,’’ which may be would be $3.00 ($10 times 0.30 times Industrial Average, the Dow Jones EUROSTOXX 50 1.00), and the Security Payment would Index®, the Nikkei 225 Stock Average® and the positive or zero. The Supplemental ® Distribution Amount will be based on be $13.00 ($10 plus $3.00)). S&P BRIC Index; Safety First Trust Series 2006– 1 Linked to the Dow Jones Industrial Average and the percentage change of the value of the Nikkei 225 Stock Average®. The Certificates 5 The Participation Rate will be determined at the have similar characteristics and payout provisions time of issuance of the Certificates. 3 See the Registration Statement for Safety First to the Trust Certificates approved by the 6 The Trust payments will not be guaranteed Trust Series 2009–1, dated October 31, 2008 (Nos. Commission in SR–NYSEArca–2008–123. In 333–154914, 154914–07, 154914–11); Registration pursuant to a financial guaranty insurance policy. addition, the Commission has approved the listing Statement for Safety First Trust Series 2009–2, 7 The Securities and Warrants will not be and trading on the Exchange of Safety First Trust dated March 31, 2009 (Nos. 333–157386 and exchange-listed and may trade over-the-counter. Series 2009–1, Principal-Protected Trust Certificates 157386–01) (‘‘Registration Statements’’). 8 Capitalized terms used but not defined herein Linked to the S&P 500® Index, which have similar 4 The Certificates will be subject to acceleration have the meanings set forth in the Registration characteristics to the Certificates. See Securities to an earlier Maturity Date upon one of the Statements. Exchange Act Release No. 59747 (April 10, 2009), acceleration events described in the Registration 9 See NYSE Arca Equities Rule 5.2(j)(7), 74 FR 18012 (April 20, 2009) (SR–NYSEArca–2009– Statements. Commentary .08. 20).
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have a minimum tangible net worth of Trading Halts The Exchange’s current trading $250,000,000, and, in the alternative, With respect to trading halts, the surveillance focuses on detecting when the issuer will be required to have a Exchange may consider all relevant securities trade outside their normal minimum tangible net worth of factors in exercising its discretion to patterns. When such situations are $150,000,000 and the original issue halt or suspend trading in Trust detected, surveillance analysis follows price of the Certificates combined with Certificates. Trading may be halted and investigations are opened, where all of the issuer’s other Trust Certificates because of market conditions or for appropriate, to review the behavior of listed on a national securities exchange reasons that, in the view of the all relevant parties for all relevant or otherwise publicly traded in the Exchange, make trading in Trust trading violations. United States, must not be greater than Certificates inadvisable. These may The Exchange may obtain information 25 percent of the issuer’s tangible net include: (1) The extent to which trading via ISG from other exchanges who are worth at the time of issuance.11 The is not occurring in the underlying members of the ISG.15 Certificates also will be subject to the securities; or (2) whether other unusual In addition, the Exchange also has a continued listing criteria of NYSE Arca conditions or circumstances detrimental Equities Rule 5.2(j)(7)12 and will meet generally policy prohibiting the to the maintenance of a fair and orderly distribution of material, non-public all other criteria of NYSE Arca Equities market are present.14 Rule 5.2(j)(7). information by its employees. Information Dissemination Additional information relating to Information Bulletin Citigroup Funding, Inc., the Trust, The value of the Index is calculated Prior to the commencement of Certificates, Securities, Warrants, and disseminated on at least a 15- trading, the Exchange will inform its exercise right, Security Return Amount, second basis. If the Index is not being ETP Holders in an Information Bulletin Supplemental Distribution Amount, and disseminated as required, the Exchange of the special characteristics and risks risks is included in the Registration may halt trading during the day on associated with trading an issue of Trust Statements. which the interruption first occurs. If such interruption persists past the Certificates and suitability Exchange Rules Applicable to Trust trading day in which it occurred, the recommendation requirements. Certificates Exchange will halt trading no later than Specifically, the Information Bulletin the beginning of the trading day The Certificates will be subject to all will discuss the following: (1) The following the interruption. Exchange rules governing the trading of procedures for purchases and exchanges Quotation and last sale information equity securities. The Exchange’s equity of Trust Certificates; (2) NYSE Arca will be disseminated by the Exchange margin rules will apply to transactions Equities Rule 9.2(a), which imposes a via the Consolidated Tape. The value of in Trust Certificates. The Certificates duty of due diligence on its ETP Holders the Index is widely disseminated by will trade during trading hours set forth to learn the essential facts relating to major market data vendors and financial in NYSE Arca Equities Rule 7.34(a).13 every customer prior to trading an issue publications. of Trust Certificates; (3) trading hours; and (4) trading information. 11 The parameters relating to number of units, Firewalls number of public beneficial holders and issuer Dow Jones & Company (‘‘Dow Jones’’), In addition, the Information Bulletin assets and net worth and minimum tangible net will reference that an issue of Trust worth are similar to those in NYSE Arca Equities which publishes the Index, is not a Rule 5.2(j)(6)(A). registered broker-dealer, and Citigroup Certificates is subject to various fees and 12 Commentary .01 provides criteria for continued Funding, Inc. is not affiliated with Dow expenses described in the applicable listing and provides that the Corporation will Jones. With respect to any index upon prospectus. commence delisting or removal proceedings with respect to an issue of Trust Certificates (unless the which the value of an issue of Trust 2. Statutory Basis Commission has approved the continued trading of Certificates is based that is maintained such issue) (i) if the aggregate market value or the by a broker-dealer, the Exchange would The proposed rule change is principal amount of the securities publicly held is require that such broker-dealer erect a consistent with Section 6(b)16 of the Act less than $400,000; (ii) if the value of the index or ‘‘firewall’’ around personnel responsible in general and furthers the objectives of composite value of the indexes is no longer 17 calculated or widely disseminated on at least a 15- for the maintenance of such index or Section 6(b)(5) in particular in that it second basis with respect to indexes containing who have access to information is designed to prevent fraudulent and only securities listed on a national securities concerning adjustments to the index, manipulative acts and practices, to exchange, or on at least a 60-second basis with promote just and equitable principles of respect to indexes containing foreign country and the index would be required to be securities; or (iii) if such other event shall occur or calculated by a third party who is not trade, to foster cooperation and condition exists which in the opinion of the a broker-dealer. coordination with persons engaged in Corporation makes further dealings on the regulating, clearing, settling, processing Corporation inadvisable. Surveillance information with respect to, and 13 Pursuant to NYSE Arca Equities Rule 7.34(a), The Exchange intends to utilize its the NYSE Arca Marketplace will have three trading facilitating transaction in securities, sessions each day the Corporation is open for existing surveillance procedures and, in general to protect investors and business unless otherwise determined by the applicable to derivative products, which the public interest. The proposed rule Corporation: include Trust Certificates, to monitor change will permit listing on the Opening Session—begins at 1 a.m. (Pacific Time) trading in the securities. The Exchange Exchange in a timely manner of the and concludes at the commencement of the Core Trading Session. The Opening Auction and the represents that these procedures are Certificates. The Exchange believes that Market Order Auction shall occur during the adequate to properly monitor Exchange the provisions of NYSE Arca Equities Opening Session. trading of the securities in all trading Rule 5.2(j)(7), together with the Core Trading Session—begins for each security at sessions and to deter and detect Exchange’s applicable surveillance, 6:30 a.m. (Pacific Time) or at the conclusion of the violations of Exchange rules and Market Order Auction, whichever comes later, and concludes at 1 p.m. (Pacific Time). applicable federal securities laws. 15 For a list of current members of the ISG, see Late Trading Session—begins following the http://www.isgportal.org. conclusion of the Core Trading Session and 14 See NYSE Arca Equities Rule 7.12, 16 15 U.S.C. 78f(b). concludes at 5 p.m. (Pacific Time). Commentary .04. 17 15 U.S.C. 78f(b)(5).
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serves to foster investor protection and the Commission’s Public Reference that may be necessary to price the the public interest.18 Room, 100 F Street, NE., Washington, Certificates. The Exchange represents DC 20549, on official business days that, if the value of the Index is not B. Self-Regulatory Organization’s between the hours of 10 a.m. and 3 p.m. being disseminated as required, the Statement on Burden on Competition Copies of such filing also will be Exchange may halt trading during the The Exchange does not believe that available for inspection and copying at day on which the interruption first the proposed rule change will impose the principal office of the Exchange. All occurs. If such interruption persists past any burden on competition that is not comments received will be posted the trading day in which it occurred, the necessary or appropriate in furtherance without change; the Commission does Exchange will halt trading no later than of the purposes of the Act. not edit personal identifying the beginning of the trading day C. Self-Regulatory Organization’s information from submissions. You following the interruption. The Statement on Comments on the should submit only information that Exchange may consider all relevant Proposed Rule Change Received From you wish to make publicly available. All factors in exercising its discretion to Members, Participants or Others submissions should refer to File halt or suspend trading in Trust Number SR–NYSEArca–2009–33 and Certificates.22 Dow Jones, which No written comments were solicited should be submitted on or before June publishes the Index, is not a registered or received with respect to the proposed 1, 2009. broker-dealer, and Citigroup Funding, rule change. IV. Commission’s Findings and Order Inc. is not affiliated with Dow Jones. III. Solicitation of Comments Granting Accelerated Approval of the With respect to any index upon which Interested persons are invited to Proposed Rule Change the value of an issue of Trust Certificates is based and that is submit written data, views, and After careful consideration, the arguments concerning the foregoing, maintained by a broker-dealer, the Commission finds that the proposed Exchange would require that such including whether the proposed rule rule change is consistent with the change is consistent with the Act. broker-dealer erect a ‘‘firewall’’ around requirements of the Act and the rules personnel responsible for the Comments may be submitted by any of and regulations thereunder applicable to the following methods: 19 maintenance of such index or who have a national securities exchange. In access to information concerning Electronic Comments particular, the Commission believes that adjustments to the index, and the index the proposal is consistent with Section • Use the Commission’s Internet would be required to be calculated by a 6(b)(5) of the Act 20 in that it is designed comment form (http://www.sec.gov/ third party who is not a broker-dealer. to prevent fraudulent and manipulative rules/sro.shtml); or In addition, the Exchange states that it acts and practices, to promote just and • Send an e-mail to rule- has a general policy prohibiting the equitable principles of trade, to foster [email protected]. Please include File distribution of material, non-public cooperation and coordination with Number SR–NYSEArca–2009–33 on the information by its employees. persons engaged in regulating, clearing, subject line. The Commission also notes that the settling, processing information with Trust Certificates will be subject to the Paper Comments respect to, and facilitating transaction in requirements of NYSE Arca Equities • securities, and, in general to protect Send paper comments in triplicate Rule 5.2(j)(7), including the continued investors and the public interest. to Elizabeth M. Murphy, Secretary, listing criteria thereunder. Additionally, Securities and Exchange Commission, The Commission believes that the proposal to list and trade the Certificates NYSE Arca states that: (1) At least one Station Place, 100 F Street, NE., million publicly held trading units will Washington, DC 20549–1090. on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the Act,21 be issued prior to listing and trading on All submissions should refer to File which sets forth Congress’ finding that the Exchange, with at least 400 public Number SR–NYSEArca–2009–33. This it is in the public interest and beneficial holders; (2) the issuer, file number should be included on the appropriate for the protection of Citigroup Funding, Inc., has total assets subject line if e-mail is used. To help the investors and the maintenance of fair of at least $100 million and a net worth Commission process and review your and orderly markets to assure the of at least $10 million; and (3) the issuer comments more efficiently, please use availability to brokers, dealers, and will be required to have either (a) a only one method. The Commission will investors of information with respect to minimum tangible net worth of post all comments on the Commission’s quotations for and transactions in $250,000,000, or (b) a minimum tangible Internet Web site (http://www.sec.gov/ securities. The Exchange will net worth of $150,000,000 and the rules/sro.shtml). Copies of the disseminate quotation and last-sale data original issue price of the Certificates, submission, all subsequent information via the Consolidated Tape. combined with all of the issuer’s other amendments, all written statements In addition, the value of the Index is Trust Certificates listed on a national with respect to the proposed rule calculated on at least a 15-second basis securities exchange or otherwise change that are filed with the and is widely disseminated by major publicly traded in the United States, Commission, and all written market data vendors and financial must not be greater than 25% of the communications relating to the publications. issuer’s tangible net worth at the time of proposed rule change between the The Commission further believes that issuance.23 Commission and any person, other than the proposal to list and trade the those that may be withheld from the Certificates is reasonably designed to 22 Trading may be halted because of market public in accordance with the promote fair disclosure of information conditions or for reasons that, in the view of the provisions of 5 U.S.C. 552, will be Exchange, make trading in Trust Certificates inadvisable. These may include: (1) The extent to available for inspection and copying in 19 In approving this proposed rule change, the which trading is not occurring in the underlying Commission notes that it has considered the securities; or (2) whether other unusual conditions 18 E-mail from Tim Malinowski, Director, NYSE proposed rule’s impact on efficiency, competition, or circumstances detrimental to the maintenance of Euronext, to Edward Cho, Special Counsel, Division and capital formation. See 15 U.S.C. 78c(f). a fair and orderly market are present. of Trading and Markets, Commission, dated May 4, 20 15 U.S.C. 78f(b)(5). 23 The Commission notes that the foregoing 2009. 21 15 U.S.C. 78k–1(a)(1)(C)(iii). criteria relating to the issuance and the issuer are
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Further, the Exchange represents that approval of this proposal should benefit For North Korea, the existing ongoing the Certificates are equity securities investors by creating, without undue restrictions to which North Korea is subject to the Exchange’s rules delay, additional competition in the subject pursuant to sections 402 and 409 governing the trading of equity market for Trust Certificates. of the Trade Act of 1974 (the Jackson- securities, including the Exchange’s Vanik Amendment), pursuant to section V. Conclusion equity margin rules. In support of this 402(c)(5) of the Act; proposal, the Exchange has made It is therefore ordered, pursuant to For Saudi Arabia, a waiver to ‘‘further representations, including: Section 19(b)(2) of the Act,26 that the the purposes of the Act,’’ pursuant to (1) The Exchange’s surveillance proposed rule change (SR–NYSEArca– section 407 of the Act; procedures are adequate to properly 2009–33) be, and it hereby is, approved For Sudan, the use of the voice and monitor Exchange trading of the on an accelerated basis. vote of the United States to oppose any Certificates in all trading sessions and to For the Commission, by the Division of loan or other use of the funds of deter and detect violations of Exchange Trading and Markets, pursuant to delegated international financial institutions to or rules and applicable federal securities authority.27 for Sudan, consistent with section 1621 laws. The Exchange may obtain Florence E. Harmon, of the International Financial information via the Intermarket Deputy Secretary. Institutions Act, pursuant to section Surveillance Group (‘‘ISG’’) from other [FR Doc. E9–10863 Filed 5–8–09; 8:45 am] 402(c)(5) of the Act; and exchanges who are members of the ISG. BILLING CODE 8010–01–P For Uzbekistan, a 180-day waiver to (2) Prior to the commencement of ‘‘further the purposes of the Act,’’ trading, the Exchange will inform its pursuant to section 407 of the Act. ETP Holders in an Information Bulletin DEPARTMENT OF STATE of the special characteristics and risks Dated: May 5, 2009. associated with trading the Certificates. [Public Notice 6608] Kurt D. Donnelly, Specifically, the Information Bulletin Office Director, Office of International will discuss the following: (a) The Secretary of State’s Determination Religious Freedom, Department of State. procedures for purchases and exchanges Under the International Religious [FR Doc. E9–10970 Filed 5–8–09; 8:45 am] of Trust Certificates; (b) NYSE Arca Freedom Act of 1998 BILLING CODE 4710–18–P Equities Rule 9.2(a), which imposes a SUMMARY: The Secretary of State duty of due diligence on its ETP Holders designation of ‘‘countries of particular to learn the essential facts relating to concern’’ for religious freedom DEPARTMENT OF TRANSPORTATION every customer prior to trading an issue violations. of Trust Certificates; (c) trading hours; Pursuant to Section 408(a) of the Federal Transit Administration and (d) trading information. In addition, International Religious Freedom Act of American Recovery and Reinvestment the Information Bulletin will reference 1998 (Pub. L. 105–292), as amended (the Act of 2009 Public Transportation that an issue of Trust Certificates is Act), notice is hereby given that, on Capital Investment Grants Program subject to various fees and expenses January 16, 2009, the Secretary of State, Appropriation and Allocations described in the applicable prospectus. under authority delegated by the This approval order is based on the President, has designated each of the AGENCY: Federal Transit Administration Exchange’s representations. following as a ‘‘country of particular (FTA), DOT. The Commission finds good cause, concern’’ (CPC) under section 402(b) of ACTION: Notice. pursuant to Section 19(b)(2) of the the Act, for having engaged in or Act,24 for approving the proposed rule tolerated particularly severe violations SUMMARY: The ‘‘American Recovery and change prior to the 30th day after the of religious freedom: Burma, China, Reinvestment Act, 2009’’ (Pub. L. 111– date of publication of notice in the Eritrea, Iran, North Korea, Saudi Arabia, 5; ‘‘ARRA’’), signed into law by Federal Register. The Commission notes Sudan, and Uzbekistan. President Barack Obama on February that it has previously approved for The Secretary simultaneously 17, 2009, includes $8.4 billion for listing and trading on the Exchange designated the following Presidential transit capital improvements. The other issues of Trust Certificates issued actions for these CPCs: Federal Transit Administration (FTA) by Citigroup Funding, Inc. based on the For Burma, the existing ongoing arms published in the Federal Register the Index and other indexes that have embargo referenced in 22 CFR 126.1(a), transit formula program-related similar characteristics and payout pursuant to section 402(c)(5) of the Act; provisions of the ARRA, as well as provisions to the Certificates.25 The For China, the existing ongoing program and grant application Commission believes that the restrictions on exports to China of crime requirements for these funds, on March Exchange’s proposal to list and trade the control and detection instruments and 5, 2009. This notice implements the Certificates does not present any novel equipment, under Public Law 101–246 Capital Investment Grants Program or significant regulatory issues. The and the Foreign Relations Authorization provisions of the ARRA and provides Commission believes that accelerating Act of 1990 and 1991, pursuant to program and grant application section 402(c)(5) of the Act; requirements for these funds, for FTA’s substantially similar to the requirements applicable For Eritrea, the existing ongoing arms New Starts and Small Starts programs. to Index-Linked Securities. See NYSE Arca Equities embargo referenced in 22 CFR 126.1(a), DATES: Rule 5.2(j)(6)(A). pursuant to section 402(c)(5) of the Act; FTA may de-obligate and 24 15 U.S.C. 78s(b)(2). For Iran, the existing ongoing reallocate certain undisbursed funds by 25 See Securities Exchange Release Nos. 59051 May 11, 2010. (December 4, 2008), 73 FR 75155 (December 10, restrictions on United States security 2008) (SR–NYSEArca–2008–123) (approving the assistance in accordance with section 40 FOR FURTHER INFORMATION CONTACT: For listing and trading of 14 issues of Trust Certificates of the Arms Export Control Act, general information about this notice under NYSE Arca Equities Rule 5.2(j)(7)); and pursuant to section 402(c)(5) of the Act; contact Henrika Buchanan-Smith, 59747 (April 10, 2009), 74 FR 18012 (April 20, 2009) (SR–NYSEArca–2009–20) (approving the Director, Office of Transit Programs, at listing and trading of Trust Certificates linked to the 26 15 U.S.C. 78s(b)(2). (202) 366–2053. Please contact the S&P 500 Index). 27 17 CFR 200.30–3(a)(12). appropriate FTA regional or
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metropolitan office (Appendix B) for reporting requirements and the period fraud, and abuse are avoided. FTA also any specific requests for information or of availability of Capital Investment wanted to ensure that projects funded technical assistance. Grants funding. This notice also with ARRA discretionary resources SUPPLEMENTARY INFORMATION: includes contact information for FTA demonstrated merit by meeting the regional and metropolitan offices. statutory project justification and local Table of Contents financial commitment criteria of the II. Capital Investment Grants I. Overview of This Notice New Starts and Small Starts Programs. II. Capital Investment Grants Program Program—New Starts/Small Starts ARRA provides that when FTA is A. FY 2009 ARRA Funding Availability The Capital Investment Grants selecting projects to be funded, ‘‘priority B. Basis for Allocation Program authorizes the Secretary of shall be given to projects that are C. Program Requirements and Period of Transportation to make discretionary currently in construction or are able to Availability grants as authorized under 49 U.S.C. D. Reporting Requirements and obligate funds within 150 days of Certifications Applicable to Recipients of 5309(d) and (e). This program will be enactment’’ of ARRA on February 17, ARRA Funds implemented consistent with the 2009. The provisions of 49 U.S.C. E. Technical Assistance requirements of the New Starts and 5309(d) and (e) are not waived by Allocation Table for ARRA Capital Small Starts Programs, which provide ARRA. Accordingly, FTA analyzed the Investment Grants Program funds for construction of major capital schedules and construction cash flow Appendix A: Grant Application Instructions investments in new fixed guideway needs of ten New Starts projects and one Appendix B: Regional Contact Information systems, extensions to existing fixed Small Starts project under construction I. Overview of This Notice guideway systems, or, in the case of or with Federal pay-out schedules Small Starts, certain corridor-based bus established in their Full Funding Grant The American Recovery and projects. The $750 million provided for Agreements (FFGAs) or Project Reinvestment Act of 2009 (ARRA) the program is estimated to support over Construction Grant Agreement (PCGA) includes appropriations and tax law 20,000 direct and indirect jobs and will extending beyond Fiscal Year (FY) 2009. changes totaling approximately $787 expedite the delivery of new major FTA also reviewed the capacity of these billion to support multi-pronged efforts capital rail and bus investments in projects’ existing contracts and of new to stimulate the economy. Goals of the several cities across the Nation. For contracts expected to be awarded by statute include the preservation and more information about New or Small July 2009. The analysis showed that creation of jobs and promotion of Starts project development contact most of the eleven projects considered economic recovery, as well as the Elizabeth Day, Director of the Office of for ARRA Capital Investment Grants investment in transportation, Project Planning, at (202) 366–5159, or funding demonstrated some contract environmental protection and other for information about published capacity to absorb additional revenues, infrastructure providing long-term allocations contact Aaron C. James, Sr., but that projects differed in their economic benefits to the Nation. Director of the Office of Engineering, at assessed ability (based on current ARRA provides $8.4 billion for public (202) 493–0107. construction and debt payoff schedules) transportation. ARRA’s formula transit to rapidly make use of ARRA funding. programs—the Capital Transit A. FY 2009 ARRA Funding Availability As the contract capacity of the eleven Assistance program and the Fixed The ARRA provides $750,000,000 to projects combined exceeded the amount Guideway Infrastructure Investment New Starts and Small Starts projects of available ARRA Capital Investment program—were the subject of FTA’s under the Capital Investment Grants Grants resources—and because FTA March 5, 2009 Federal Register notice. Program. The total amount apportioned could not be assured that any other The March 5 notice further provided an for projects is $742,500,000, after a one project in the New Starts or Small Starts overview of the ARRA’s transit percent takedown for oversight and pipeline not in construction could provisions and established the administrative expenses provided in obligate a significant amount of funding principles, policies, and procedures that ARRA as shown in the table below. within 150 days of ARRA enactment— would apply to all ARRA formula FTA limited its allocation of transit programs. Readers interested in CAPITAL INVESTMENT GRANTS discretionary funding to this set of how FTA intends to implement ARRA’s eleven major capital investments. formula transit program resources Total Appropriation ...... $750,000,000 Consequently, a two-step funding should refer to the March 5 notice for Administrative and Program allocation approach was used. In the more information. Published separately Management Oversight first step, each of the eleven New Starts are two discretionary program Federal Deduction ...... ¥$7,500,000 projects was allocated an amount equal Register notices under the ARRA Total Apportioned ...... $742,500,000 to 40 percent of its FY 2010 scheduled Transit Capital Assistance Program: $17 pay-out, while the Pioneer Parkway million for the Tribal Transit Program EmX Bus Rapid Transit Small Starts B. Basis for Allocation (published March 23, 2009) and $100 project in Springfield, Oregon was million for a new Transit Investments This notice allocates all ARRA allocated an amount equal to its entire for Greenhouse Gas and Energy funding for the Capital Investment FY 2010 pay-out of $2,940,000, thus Reduction (TIGGER) Program Grants Program. In making these completing the Federal funding (published March 24, 2009). allocations, FTA considered both the commitment to the project. The step-one This Federal Register notice provides specific direction provided in the allocation totaled $457,680,000 of the allocations of ARRA’s third and largest legislation as well as Congress’ and the available $742,500,000. In the second discretionary transit capital program. Administration’s general objectives for step, the remaining $284,820,000 was The Capital Investment Grants Program accountability and transparency in the distributed proportionally among five makes available $750 million for FTA’s administration of ARRA funds. These New Starts investments in construction discretionary New and Small Starts objectives include the prompt and fair with projected contract expenditures in Programs. The basis for FTA’s allocation distribution of funding, the assurance calendar year 2009 that are higher than of this funding is described within this that funds are being used for authorized their FY 2009 scheduled New Starts notice, as are program grant and purposes, and that instances of waste, pay-out. FTA believes that by
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accelerating Federal funding to these provision of this local match On February 27, 2009, the United eleven projects, their sponsors will simultaneously with the Federal funds’ States Department of Transportation achieve one or more possible positive draw down rate for up to three years (USDOT) Secretary LaHood sent letters outcomes, including an acceleration of after the date of the FTA ARRA grant to all Governors providing guidance and the schedule of construction for a award, with a possible extension at a template for this certification and project, a reduction in project finance FTA’s discretion. However, local match instructing them to send the Section costs, and/or the re-distribution of to all ARRA Capital Investment Grants 1511 certification and the other two planned project resources to other local funding must be available by the end of certifications by the Governor described transit priorities. the project’s New Starts/Small Starts below to the Department at the The allocation of Capital Investment pay-out period, even if this is less than following address: [email protected]. Grants Program funding is presented in three years from the date of the ARRA A single certification by the Governor, the Allocation Table of this notice. The grant. Each grantee should work with its based on the established planning total Federal funding commitment for FTA regional office on specific wording process, and including a link to a Web each project will not change. However, of this condition if interested in using site posting of the Statewide each FFGA’s final scheduled New Starts the deferral provision. Transportation Improvement Program, pay-out will be reduced by the amounts Since ARRA Capital Investment which must contain the required section allocated in this Federal Register notice. Grants Program funding is being 1511 information for each investment, The allocation of ARRA Capital administered through existing multi- will satisfy the requirement for Investment Grants funding to liquidate year full funding grant agreements, certification by the Governor for both New Starts and Small Starts additional information can be found in Federal Highway Administration commitments will make available anew FTA Circular (5200.1A, Full Funding (FHWA) and FTA projects. If the 1511 previously committed Federal New or Grant Agreements Guidance, December certification previously submitted to Small Starts commitment authority. The 5, 2002). DOT by the Governor does not include additional commitment authority the project for which this funding is created by this $750 million allocation D. Reporting Requirements and allocated, the mayor or other local totals $1.5 billion due to the statutory Certifications Applicable to Recipients official, as appropriate, may submit a method for calculating commitment of ARRA Funds new certification specific to the Capital authority. This allocation has the benefit As a condition of award, grantees Investments Grant project. of maximizing commitment authority. receiving ARRA funds will be required This will allow FTA to make additional 2. Section 1512. Reports on Use of to report on grant activities on a routine New or Small Starts commitments in the Funds basis. FTA grantees will be responsible coming months and contribute to the Recipient Reports.—Not later than 10 creation of jobs associated with for reporting up-to-date and accurate information in the milestone status days after the end of each calendar additional construction of new major quarter, starting in October 10, 2009, capital transit projects. In the absence of report and financial status report on a quarterly basis, as well as additional each recipient that received ARRA ARRA resources and this allocation funds from a Federal agency shall approach, the additional commitment data elements that are required to be reported in http://www.recovery.gov. submit a report to that agency that authority to initiate new major capital contains— transit projects would not exist. Additionally, special certifications and grant conditions also will be required of (i) The total amount of ARRA funds C. Program Requirements and Period of ARRA grant recipients. FTA will issue received from that agency; (ii) The amount of ARRA funds Availability additional specific guidance on received that were expended or reporting requirements in the near Providing additional funding to major obligated to projects or activities; and capital projects under the Recovery future for your information. The ARRA (iii) A detailed list of all projects or program will help New Starts and Small statutory reporting requirements and activities for which ARRA funds were Starts project delivery, as well as certifications are identified below: expended or obligated, including— National economy and local economies. 1. Section 1511: Certifications (A) The name of the project or To maximize the effectiveness of these activity; funding decisions, FTA is requiring that For covered funds made available to (B) A description of the project or all ARRA Capital Investment Grants State or local governments for activity; funds be drawn down (outlayed) by May infrastructure investments, the (C) An evaluation of the completion 11, 2010. FTA may de-obligate any Governor, mayor, or other chief status of the project or activity; ARRA Capital Investment Grants executive, as appropriate, is required to (D) An estimate of the number of jobs Program funding not drawn down by certify that the infrastructure investment created and the number of jobs retained recipients within the one-year period. has received the full review and vetting by the project or activity; and FTA encourages project sponsors required by law and that the chief (E) For infrastructure investments identified in this notice to apply for executive accepts responsibility that the made by State and local governments, ARRA funds as soon as possible. This infrastructure investment is an the purpose, total cost, and rationale of will ensure the ability to incur costs and appropriate use of taxpayer dollars. the agency for funding the infrastructure draw funds from the Treasury within Such certification must include a investment with funds made available the year, thereby sustaining and creating description of the investment, the under ARRA, and name of the person to public transportation construction jobs. estimated total cost, and the amount of contact at the agency if there are In recognition of the difficulty that covered funds to be used, and must be concerns with the infrastructure some recipients may experience in posted on a specified Web site. A State investment. accelerating local matching resources, or local agency may not receive (iv) Detailed information on any and to ensure the timely expenditure of infrastructure investment funding from subcontracts or subgrants awarded by ARRA funds, FTA will permit, as a funds made available under ARRA the recipient to include the data condition of the grant, a deferral of the unless this certification is made and elements required to comply with the non-Federal match. Grantees may defer posted. Federal Funding Accountability and
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Transparency Act of 2006 (Pub. L. 109– This requirement applies only to State DOT had developed a standard 282), allowing aggregate reporting on funding for transportation projects reporting form for these reports. FTA awards below $25,000 or to individuals, eligible for ARRA funding. DOT will will provide further reporting as prescribed by the Director of the treat this maintenance of effort instructions before the reports are due. Office of Management and Budget. requirement through one consolidated Grantees will be required to report The data elements required to comply certification from the Governor to the direct jobs, but the department will with Public Law 109–282 are: Name of Secretary, which must include State generate data on indirect and indirect entity receiving the award; the amount funding for transit projects, as well as jobs through the use of economic of the award; information on the award highway and other transportation modal models and factors applied to the data including transaction type, funding projects. As of March 19, 2009, all States provided in the grant awards and other agency, the North American Industry and the District of Columbia had information reported by the grantee. All Classification System Code or Catalog of submitted the required maintenance of States have acted to accept Federal Domestic Assistance number effort certification. The Department is transportation funds. (where applicable); program source; an currently reviewing these certifications 6. Section 1607 award title descriptive of the purpose of for adequacy. each funding action; and employee Section 1607 requires that the compensation information for certain 5. Section 1201(c)(2): Periodic Reports Governor certify within 45 days of contracts under limited conditions. For amounts received under each enactment (April 3, 2009) that, for funds The Office of Management and Budget covered program by a grant recipient provided, the state will request and use (OMB) will collect these reports through under ARRA, the grant recipient shall funds provided by this Act and the a central Web-based reporting system include in the periodic reports funds will be used to create jobs and and will provide further reporting information tracking: promote economic health. If the instructions at a later date. Additional (A) The amount of Federal funds Governor does not provide this frequency of reporting may be required appropriated, allocated, obligated, and certification, then the state legislature to be responsive to Congressional outlayed under the appropriation; may act to accept the funds. All states oversight requirements. (B) The number of projects that have have acted to accept transportation 3. Section 1512(h) Registration been put out to bid under the funds. appropriation; Recipients of ARRA funds that are 7. Section 1609 (C) The number of projects for which required to report information per Under section 1609(c), FTA is contracts have been awarded under the subsection (c)(4) must register with required to report to certain appropriation and the amount of Central Contractor Registration database congressional committees every 90 days Federal funds associated with such (CCR) or complete other registration following enactment of ARRA on the contracts; requirements as determined by the status and progress of projects funded or (D) The number of projects for which Director of the Office of Management proposed for funding under the Act work has begun under such contracts and Budget (OMB). with respect to compliance with the and the amount of Federal funds The reporting and registration National Environmental Policy Act associated with such contracts; requirements are effective with the (NEPA) and its implementing (E) The number of projects for which quarter ending September 30, 2009. regulations. FTA may request assistance work has been completed under such OMB has issued guidance requiring from grant recipients in compiling this contracts and the amount of Federal FTA and other Federal agencies to quarterly report. ensure that grantees and first tier funds associated with such contracts; subawardees (subrecipients and (F) The number of direct, on-project 8. Other Reporting contractors) obtain a DUNS number, or jobs created or sustained by the Federal To satisfy the needs for transparency update their DUNS record if necessary. funds provided for projects under the and accountability related to funding OMB has also indicated that first tier appropriation and, to the extent appropriated under the ARRA, grantees subawardees will be required to register possible, the estimated indirect jobs may be required to provide additional in CCR. created or sustained in the associated information not yet specified in supplying industries, including the response to requests from the Office of 4. Section 1201(a) Maintenance of Effort number of job-years created and the Management and Budget (OMB), the Not later than March 19, 2009, for total increase in employment since Congressional Budget Office (CBO), the each amount that is distributed to a February 17, 2009 and Government Accountability Office State or its agency from an (G) The actual aggregate expenditures (GAO), or the DOT Inspector General appropriation in ARRA for a covered by each grant recipient from State (IG). FTA will inform grantees if and program, the Governor of that State was sources for projects eligible for funding when such additional reports are required to certify to the Secretary of under the program during the period of required. Transportation that the State will February 17, 2009 through September maintain its effort with regard to State 30, 2010, as compared to the level of E. Technical Assistance funding for the types of projects that are such expenditures that were planned to FTA headquarters and regional staff funded by the appropriation. As part of occur during such period as of the date are pleased to answer your questions this certification, the Governor was of enactment of ARRA. and provide any technical assistance required to submit to the Secretary of Each grant recipient is required to you may need to apply for FTA ARRA Transportation a statement identifying submit the first of the periodic reports funds and to manage the grants you the amount of funds the State planned including the Section 1201(c)(2) data receive. In addition to this notice, to expend from State sources as of required above by May 18, 2009 and is Questions and Answers regarding FTA’s February 17, 2009, during the period of required to submit updated reports not implementation of the ARRA, and February 17, 2009 through September later than August 16, 2009; February 17, additional resources may be viewed via 30, 2010, for the types of projects that 2010; February 17, 2011; and February the FTA Web site http:// are funded by the appropriation. 17, 2012. www.fta.dot.gov/economicrecovery.
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Further, all FTA circulars are posted on has developed a toll-free hotline for the regional civil rights officer at the our Web site, including: C4220.1F, civil rights-related ARRA inquiries. The Regional Office listed in Appendix B. Third Party Contracting Requirements, number is 866–525–5561 and is Issued in Washington, DC, this 6th day of dated November 1, 2008; and C5010.1D, available at http://www.fta.dot.gov/ May, 2009. Grant Management Guidelines civil_rights.html. You may also contact Matthew J. Welbes, (November 1, 2008). In addition, FTA Acting Deputy Administrator.
Appendix A shall be evaluated and documented in TEAM. For ARRA funds, the grant accordance with the National number will be assigned before civil Instructions for Preparing a Grant Environmental Policy Act of 1969 (42 Application Using ARRA Funds rights reviews are complete, but the U.S.C. section 4321 et seq.). All projects grant will not be awarded with pending 1. Pre-Application Stage allocated Capital Investment (New civil rights requirements. In addition, it Starts) funding under the ARRA should may be necessary to verify compliance Note: To streamline the grant development have a ROD or FONSI on file. with specific Title VI, EEO, DBE and process, ARRA grants may receive official c. Annual Submission of grant numbers and be submitted before all ADA requirements as part of the grant Certifications and Assurances. A grant review and approval process. Please traditional pre-application requirements are applicant applying for assistance under complete. However, ARRA grants may not be work closely with your Regional Civil awarded until all pre-application Federal Transit Programs including Rights officer to ensure no delays in the requirements have been satisfied. ARRA programs must submit award of a grant. certifications and assurances that are a. Planning. Project activities to be applicable to the grant applicant’s active 2. Application Stage (Team Information) funded must be included in a Federally- and new grants during the fiscal year. A approved Statewide Transportation grantee that has already submitted a FY Applications for ARRA New Starts Improvement Program (STIP) for capital 2009 Certifications and Assurances does funds must be submitted electronically and/or operating projects. Unified not need to resubmit these assurances. through the Transportation Electronic Planning Work Program (UPWP) FTA d. Civil Rights Submissions. Civil Award Management (TEAM) System. will not require that planning Rights submissions that may be required Each ARRA program funding request requirements be completed before the include a Title VI Plan, Equal must be applied for in its own grant (i.e., submission of grant applications for Employment Opportunity (EEO) ARRA Capital Assistance Formula funds ARRA funding. However, project Program, Disadvantaged Business may not be applied for in the same grant planning requirements must be Enterprise (DBE) Program, and ADA as ARRA Fixed Guideway complete and properly documented Paratransit Plan. Typically, FTA’s Modernization funds or ARRA Capital before grant award. Regional Civil Rights Officer must verify Investment funds). Further, ARRA funds b. Environmental Determination. The that all required Civil Rights cannot be commingled in a grant impact that a proposed FTA assisted submissions are current at the time that application with New Starts funds project will have on the environment the grant application is entered into apportioned under SAFETEA–LU.
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ARRA Capital Investment grants before the inclusion of the STIP date in Civil Rights documentation, Planning, should be developed using the newly the grant application if the grantee is ARRA required certifications. This created Section code in TEAM. ARRA awaiting formal STIP action or approval. concurrent review process is a departure program codes appear in the color red c. Budget. The appropriate scopes and from FTA’s standard operating in the TEAM dropdown menu. The red activity line items (ALI) should be used procedures and only applies to grants is only to distinguish the ARRA section when developing the project budget. All for ARRA program funds. sources of funds shall be identified and codes from other FTA program codes. A Note: Although ARRA program grants can Capital Investment (New Starts) ARRA confirmed. All rolling stock be officially submitted to FTA for review and grant should be developed using the procurements shall include vehicle approval, grant funds can not be awarded or following section code: description and fuel type; expansion obligated until all applicable federal 36—New Start-Economic Recovery. activities shall include a brief requirements including the Section 1511 discussion of the expanded service. The certification required under ARRA have been Information that should be entered project budget should reflect the precise met. into TEAM when preparing an activities for which the grant funds will h. Certification of Labor Protective application includes: be used. As a streamlining measure, a. Recipient Information. Applicants Arrangements. ARRA Capital FTA is not requiring that grantees should enter or update all required Investment grants will be sent to DOL, include any non-add scopes in the as soon as the budget is confirmed, information about the organization in project budget when purchasing budget details are included in the grant, the appropriate fields in TEAM, activities that are categorized as ITS, including recipient address, contact ADA, or security. and the application is officially information, union information, d. Project Milestones. Estimated submitted for processing. DOL urbanized area identification number completion dates for all milestones procedures have minimum wait times (UZA), Congressional district(s), DUNS should be provided and updated built in for replies or objections by number, etc. The information shall be quarterly. If milestones are not pre- management and unions. Accordingly, a current and accurate for each grant and populated by the TEAM system for a grantee’s prompt response to DOL periodically updated as changes occur. particular activity line item (ALI) , use communications regarding the grant b. Project Information. Applicants the add function to add milestones for before the expiration of the minimum should identify the project start/end that ALI to the grant application. At a wait period could result in the grant date, program date, Executive Order minimum, activities that will require a being certified before the end of the 12372 review date, metropolitan contract award should have milestones allowable processing period. planning organization (MPO) tracking (1) the date the RFP is issued; i. Grant Approval. Once FTA staff concurrence date (if applicable), and (2) the anticipated date of contract determines through a final review of the grant project costs. The ‘‘brief project award; and (3) the date the contract will application that FTA program description’’ field should include be completed. Activity line items that requirements have been met and that information that can be used to report are not contracted out should minimally the ARRA section 1511 certification is the type of infrastructure investment include (1) the date the activity is made and submitted to DOT for posting such as: Construction of Light Rail initiated and (2) the anticipated to the DOT Recovery Web site, FTA will System. completion date. reserve the funds and obligate the grant. (1) Project Description. This It is critical that milestones for ARRA j. Grant Execution. After FTA has information must be in sufficient detail grant activities are updated and awarded the grant, the applicant must for FTA to obtain a general monitored quarterly. Quarterly reports execute the award before funds can be understanding of the nature and must be submitted 10 days after the end drawn down from the grant. Before purpose of the planned activities. There of each quarter. executing ARRA grants, the grantee will is a project description field as well as e. Environmental Findings. The be prompted to select both the rationale a specific text field for this information application must include a proposed for the investment and the purpose of associated with each activity line item. classification of each ALI that is an the investment from menus that have Project activities shall be sufficiently independent project with discrete been established in the reservation described to assist the reviewer in transit utility, in accordance with the screen. ARRA grants that include determining eligibility under the FTA/FHWA environmental impact activities funded using pre-award program. procedures. (See 23 CFR 771.115 and authority will require the submission of (2) Program Date and Page of STIP or 771.117.) The date of the ROD or FONSI a Financial Status Report before grant Unified Planning Work Program for the New Start project should be execution. (UPWP). All projects must be included listed in the Environmental Findings. in the current STIP. The STIP is jointly f. Fleet Status. A fleet status report Application Checklist approved by FTA and FHWA. FTA does not need to be included in the Part I—Recipient Information funds cannot be obligated unless the ARRA Capital Investment grant STIP is approved by FTA. The application. Fleet information should be 1. Is the Grantee Contact & Other application should note the page(s) in contained in the fleet management plan. Information current and complete? the most recently approved STIP on g. Application Submission. Once FTA 2. Are Annual Certifications & which the project(s) contained in the deems (1) the TEAM application Assurances pinned? application are listed. The electronic template completed, (2) the activities 3. Is UZA/Congressional District system has a field designated ‘‘program eligible, and (3) the budget complete information entered and accurate? date’’ where the date of the most recent and firm, FTA will assign a grant FTA/FHWA STIP approval should be number. At this point, the grant is ready 4. Is Union Contact information entered. to be pinned and submitted in TEAM by entered and accurate? In the case of ARRA grants, FTA the designated recipient/grantee. As 5. Has Civil Rights Program regional offices will continue to process previously stated, ARRA grants may be Documentation been approved by FTA? grants while awaiting STIP amendment submitted prior to the completion of all 6. Has the applicants DUNS Number actions. Grant numbers will be assigned pre-application requirements such as: been entered in the appropriate field?
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Part II—Project Details 6. If pre-award authority is applicable, a. Has descriptive information been 1. Does the Project Description has ‘‘yes’’ been selected? added in the details section of each ALI include adequate descriptive 7. Has the EO 12372 Review field that identifies the items being funded information of funded projects? been completed, if applicable? using the line item? 2. Are the project activities included Part IV—Budget Part V—Project Milestones in the grant eligible to be funded using 1. Are ALI codes entered under the ARRA Capital Investment Program 1. Are milestones listed for each ALI? funds? appropriate scope codes? 2. Is grant for up to 80% Federal (If an ALI does not have milestones, Part III—Project Information funds? they should be added.) 1. Has the grant been identified as a 3. Does the funding amount entered in 2. Have estimated completion dates new application or amendment? the budget match financial information been entered? 2. Start/End date entered? entered in the control totals in the 3. Has the Program Date (STIP or ‘‘Project Information’’ field? Part VI—Environmental Findings UPWP date) been entered? 4. Does the rolling stock (vehicle) line (NEPA) 4. Have Control Totals been entered? item contain accurate information such 1. Has an environmental finding been 5. Does the brief project description as? entered for each ALI? field adequately articulate what is being a. Description of vehicles purchased. funded (Example: Construction of Light b. Fuel Type. Appendix B Rail System, Bus Rapid Transit 5. Have details been entered into the Vehicles, and etc.)? ‘‘Extended Budget Descriptions?’’ FTA Regional and Metropolitan Offices
Richard H. Doyle, Regional Administrator, Region 1—Boston, Kendall Robert C. Patrick, Regional Administrator, Region 6—Ft. Worth, 819 Square, 55 Broadway, Suite 920, Cambridge, MA 02142–1093. Tel. Taylor Street, Room 8A36, Ft. Worth, TX 76102. Tel. 817–978–0550. 617–494–2055. States served: Connecticut, Maine, Massachusetts, New Hampshire, States served: Arkansas, Louisiana, Oklahoma, New Mexico and Rhode Island, and Vermont. Texas.
Brigid Hynes-Cherin, Regional Administrator, Region 2—New York, Mokhtee Ahmad, Regional Administrator, Region 7—Kansas City, MO, One Bowling Green, Room 429, New York, NY 10004–1415. Tel. 901 Locust Street, Room 404, Kansas City, MO 64106. Tel. 816– No. 212–668–2170. 329–3920. States served: New Jersey, New York ...... States served: Iowa, Kansas, Missouri, and Nebraska. New York Metropolitan Office, Region 2—New York, One Bowling Green, Room 428, New York, NY 10004–1415. Tel. 212–668–2202.
Letitia Thompson, Regional Administrator, Region 3—Philadelphia, Terry Rosapep, Regional Administrator, Region 8—Denver, 12300 1760 Market Street, Suite 500, Philadelphia, PA 19103–4124. Tel. West Dakota Ave., Suite 310, Lakewood, CO 80228–2583. Tel. 720– 215–656–7100. 963–3300. States served: Delaware, Maryland, Pennsylvania, Virginia, West Vir- States served: Colorado, Montana, North Dakota, South Dakota, Utah, ginia, and District of Columbia. and Wyoming. Philadelphia Metropolitan Office, Region 3—Philadelphia, 1760 Market Street, Suite 500, Philadelphia, PA 19103–4124. Tel. 215–656–7070. Washington, DC Metropolitan Office, 1990 K Street, NW., Room 510, Washington, DC 20006. Tel. 202–219–3562.
Yvette Taylor, Regional Administrator, Region 4—Atlanta, 230 Peach- Leslie T. Rogers, Regional Administrator, Region 9—San Francisco, tree Street, NW., Suite 800, Atlanta, GA 30303. Tel. 404–865–5600. 201 Mission Street, Room 1650, San Francisco, CA 94105–1926. Tel. 415–744–3133. States served: Alabama, Florida, Georgia, Kentucky, Mississippi, North States served: American Samoa, Arizona, California, Guam, Hawaii, Carolina, Puerto Rico, South Carolina, Tennessee, and Virgin Islands. Nevada, and the Northern Mariana Islands. Los Angeles Metropolitan Office, Region 9—Los Angeles, 888 S. Figueroa Street, Suite 1850, Los Angeles, CA 90017–1850. Tel. 213–202–3952.
Marisol Simon, Regional Administrator, Region 5—Chicago, 200 West Rick Krochalis, Regional Administrator, Region 10–Seattle, Jackson Adams Street, Suite 320, Chicago, IL 60606. Tel. 312–353–2789. Federal Building, 915 Second Avenue, Suite 3142, Seattle, WA 98174–1002. Tel. 206–220–7954. States served: Illinois, Indiana, Michigan, Minnesota, Ohio, and Wis- States served: Alaska, Idaho, Oregon, and Washington. consin. Chicago Metropolitan Office, Region 5—Chicago, 200 West Adams Street, Suite 320, Chicago, IL 60606. Tel. 312–353–2789.
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[FR Doc. E9–10963 Filed 5–8–09; 8:45 am] You may call Docket Management at How do I prepare and submit BILLING CODE P 202–366–9826. comments? Instructions: For detailed instructions Your comments must be written and on submitting comments, see the in English. To ensure that your DEPARTMENT OF TRANSPORTATION Procedural Matters section of this comments are correctly filed in the National Highway Traffic Safety document. Note that all comments Docket, please include the Docket Administration received will be posted without change number of this document (NHTSA– to http://www.regulations.gov, including 2009–0095) in your comments. [Docket No. NHTSA–2009–0095] any personal information provided. Your primary comments must not be more than 15 pages long (49 CFR Technical Report on the Effectiveness FOR FURTHER INFORMATION CONTACT: Kirk 553.21). However, you may attach of Amber Rear Turn Signals for Allen, Statistician, Evaluation Division, additional documents to your primary Reducing Rear Impacts NVS–431, National Center for Statistics comments. There is no limit on the and Analysis, National Highway Traffic length of the attachments. AGENCY: National Highway Traffic Safety Administration, Room W53–457, Anyone is able to search the Safety Administration (NHTSA), 1200 New Jersey Avenue, SE, electronic form of all comments Department of Transportation. Washington, DC 20590. Telephone: received into any of our dockets by the ACTION: Request for comments on 202–366–9308. E-mail: name of the individual submitting the technical report. [email protected]. comment (or signing the comment, if SUMMARY: This purpose of this report is For information about NHTSA’s submitted on behalf of an association, to determine the effect of rear turn evaluations of the effectiveness of business, labor union, etc.). You may signal color on the likelihood of being existing regulations and programs: Visit review DOT’s complete Privacy Act involved in a rear-end crash. Federal the NHTSA Web site at http:// Statement in the Federal Register Motor Vehicle Safety Standard No. 108 www.nhtsa.dot.gov and click ‘‘NCSA’’ published on April 11, 2000 (65 FR allows rear turn signals to be either red near the upper right corner on the home 19477) or you may visit http:// or amber in color. The primary page; then click ‘‘Regulatory regulations.gov. conclusion is that amber rear turn Evaluation’’ under ‘‘Browse Topics’’ on Please send two paper copies of your comments to Docket Management, fax signals are 5.3% more effective than red the ‘‘NCSA’’ page. rear turn signals at preventing them, or use the Federal eRulemaking SUPPLEMENTARY INFORMATION: involvement in crashes where a careful Federal Portal. The mailing address is U. S. driver would typically use the turn Motor Vehicle Safety Standard No. 108 Department of Transportation, Docket signals. The result is shown to be allows rear turn signals to be either red Management Facility, M–30, West statistically significant and consistent or amber in color. Previous work on this Building, Ground Floor, Rm. W12–140, with other published analyses on the subject includes laboratory experiments 1200 New Jersey Avenue, SE., influence of rear turn signal color. and analyses of crash data that suggest Washington, DC 20590. The fax number amber rear turn signals are beneficial. is 1–202–493–2251. To use the Federal DATES: Comments must be received no eRulemaking Portal, go to http:// later than September 6, 2009 The present study was designed around the concept of ‘‘switch pairs’’—make- www.regulations.gov and follow the ADDRESSES: models of passenger vehicles were online instructions for submitting Report: The technical report is identified that had switched rear turn comments. available on the Internet for viewing in signal color, and crash involvement We also request, but do not require PDF format at http://www- rates were computed before and after you to send a copy to Kirk Allen, nrd.nhtsa.dot.gov/Pubs/811115.PDF. the switch. This method should control Statistician, Evaluation Division, NVS– You may obtain a copy of the report free 431, National Highway Traffic Safety of charge by sending a self-addressed for extraneous factors related to vehicle and driver characteristics. Crash data Administration, Room W53–312, 1200 mailing label to Kirk Allen (NVS–431), New Jersey Avenue, SE., Washington, from NHTSA’s State Data System was National Highway Traffic Safety DC 20590 (or e-mail them to used in the analysis. The principal Administration, 1200 New Jersey [email protected]). He can check if finding of the report is that amber Avenue, SE., Washington, DC 20590. your comments have been received at signals show a 5.3% effectiveness in Comments: You may submit the Docket and he can expedite their comments [identified by Docket Number reducing involvement in two-vehicle review by NHTSA. NHTSA–2009–0095] by any of the crashes where a lead vehicle is rear- following methods: struck in the act of turning left, turning How can I be sure that my comments • Federal eRulemaking Portal: Go to right, merging into traffic, changing were received? http://www.regulations.gov. Follow the lanes, or entering/leaving a parking If you wish Docket Management to online instructions for submitting space. The advantage of amber rear turn notify you upon its receipt of your comments. signals is shown to be statistically comments, enclose a self-addressed, • Fax: 1–202–493–2251. significant. stamped postcard in the envelope • Mail: Docket Management Facility, containing your comments. Upon Procedural Matters M–30, U.S. Department of receiving your comments, Docket Transportation, West Building, Ground How can I influence NHTSA’s thinking Management will return the postcard by Floor, Rm. W12–140, 1200 New Jersey on this subject? mail. Avenue, SE., Washington, DC 20590. • Hand Delivery: West Building NHTSA welcomes public review of How do I submit confidential business Ground Floor, Room W12–140, 1200 the technical report. NHTSA will information? New Jersey Avenue, SE., between 9 a.m. submit to the Docket a response to the If you wish to submit any information and 5 p.m. Eastern Time, Monday comments and, if appropriate, will under a claim of confidentiality, send through Friday, except Federal holidays. supplement or revise the report. three copies of your complete
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submission, including the information DEPARTMENT OF VETERANS assessment of the effectiveness of you claim to be confidential business AFFAIRS programs conducted to fulfill the requirements of Public Law 103–62, the information, to the Chief Counsel, [OMB Control No. 2900—New (VRE)] National Highway Traffic Safety Government Performance and Results Administration, 1200 New Jersey Agency Information Collection Act of 1993, and Title 38, 527, Avenue, SE., Washington, DC 20590. (Evaluation of VA’s Vocational Evaluation and Data Collection. This Include a cover letter supplying the Rehabilitation and Employment (VR&E) evaluation will provide information to information specified in our Program) Activities Under OMB Review support VA policy, planning, and confidential business information quality improvement decisions. AGENCY: Office of Policy and Planning, regulation (49 CFR Part 512). An agency may not conduct or Department of Veterans Affairs. sponsor, and a person is not required to In addition, send two copies from ACTION: Notice. respond to a collection of information which you have deleted the claimed unless it displays a currently valid OMB confidential business information to SUMMARY: In compliance with the control number. The Federal Register U.S. Department of Transportation, Paperwork Reduction Act (PRA) of 1995 Notice with a 60-day comment period Docket Management Facility, M–30, (44 U.S.C. 3501–3521), this notice soliciting comments on this collection West Building, Ground Floor, Rm. W12– announces that the Office of Policy, of information was published on 140, 1200 New Jersey Avenue, SE., Planning and Preparedness (OPP&P), February 10, 2009, at pages 6695–6696. Washington, DC 20590, or submit them Department of Veterans Affairs, has Affected Public: Individuals or via the Federal eRulemaking Portal. submitted the collection of information households. as abstracted below to the Office of Estimated Total Annual Burden: Will the agency consider late Management and Budget (OMB) for 10,118 hours. comments? review and comment. The PRA Estimated Average Burden per submission describes the nature of the Respondent: 24 minutes. In our response, we will consider all information collection and its expected Frequency of Response: One-time. comments that Docket Management cost and burden; it includes the actual Estimated Number of Respondents: receives before the close of business on data collection instrument. 25,240. the comment closing date indicated DATES: Comments must be submitted on Dated: May 5, 2009. above under DATES. To the extent or before June 10, 2009. By direction of the Secretary. possible, we will also consider ADDRESSES: Submit written comments Denise McLamb, comments that Docket Management on the collection of information through receives after that date. Program Analyst, Enterprise Records Service. http://www.Regulations.gov; or to VA’s [FR Doc. E9–10792 Filed 5–8–09; 8:45 am] Please note that even after the OMB Desk Officer, Office of Information BILLING CODE A320–01–P comment closing date, we will continue and Regulatory Affairs, New Executive to file relevant information in the Office Building, Room 10235, Docket as it becomes available. Further, Washington, DC 20503, (202) 395–7316. DEPARTMENT OF VETERANS some people may submit late comments. Please refer to ‘‘OMB Control 2900— AFFAIRS Accordingly, we recommend that you New (VRE)’’ in any correspondence. [OMB Control No. 2900—New (uSPEQ)] periodically check the Docket for new FOR FURTHER INFORMATION CONTACT: material. Denise McLamb, Enterprise Records Agency Information Collection (uSPEQ Service (005R1B), Department of How can I read the comments submitted Consumer Survey Experience Veterans Affairs, 810 Vermont Avenue, (Rehabilitation)) Under OMB Review by other people? NW., Washington, DC 20420, (202) 461– AGENCY: Veterans Health You may read the materials placed in 7485, FAX (202) 273–0443 or e-mail: [email protected]. Please Administration, Department of Veterans the docket for this document (e.g., the Affairs. comments submitted in response to this refer to ‘‘OMB Control No. 2900—New (VRE). ACTION: Notice. document by other interested persons) SUPPLEMENTARY INFORMATION: at any time by going to http:// SUMMARY: In compliance with the www.regulations.gov. Follow the online Title: Evaluation of VA’s Vocational Paperwork Reduction Act (PRA) of 1995 Rehabilitation and Employment (VR&E) instructions for accessing the dockets. (44 U.S.C. 3501–21), this notice Program. announces that the Veterans Health You may also read the materials at the OMB Control Number: 2900—New Administration (VHA), Department of Docket Management Facility by going to (VRE). Veterans Affairs, will submit the the street address given above under Type of Review: New collection. collection of information abstracted ADDRESSES. The Docket Management Abstract: The evaluation requires below to the Office of Management and Facility is open between 9 a.m. and 5 information that is not available in VA Budget (OMB) for review and comment. p.m. Eastern Time, Monday through administrative files and therefore The PRA submission describes the Friday, except Federal holidays. surveys will be conducted of program nature of the information collection and participants and non-participants and Authority: 49 U.S.C. 30111, 30168; its expected cost and burden and counselors who assist them. Focus delegation of authority at 49 CFR 1.50 and includes the actual data collection groups will be conducted with 501.8. instrument. dependents of program participants. In James F. Simons, addition, interviews will be conducted DATES: Comments must be submitted on Director, Office of Regulatory Analysis and with officials of State vocational or before June 10, 2009. Evaluation. rehabilitation programs to conduct an ADDRESSES: Submit written comments [FR Doc. E9–10858 Filed 5–8–09; 8:45 am] inventory of these programs that are also on the collection of information through BILLING CODE 4910–59–P available to disabled veterans. This http://www.Regulations.gov; or to VA’s evaluation is part of an ongoing OMB Desk Officer, Office of Information
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and Regulatory Affairs, New Executive DEPARTMENT OF VETERANS information; (3) ways to enhance the Office Building, Room 10235, AFFAIRS quality, utility, and clarity of the information to be collected; and (4) Washington, DC 20503, (202) 395–7316. [OMB Control No. 2900–New (10–0470)] Please refer to ‘‘OMB Control No. ways to minimize the burden of the 2900—New (uSPEQ)’’ in any Proposed Information Collection collection of information on correspondence. (Veterans Industries Consumer respondents, including through the use of automated collection techniques or For Further Information or a Copy of Satisfaction Survey); Comment Request the use of other forms of information the Submission Contact: Denise technology. McLamb, Enterprise Records Service AGENCY: Veterans Health Title: Veterans Industries Consumer (005R1B), Department of Veterans Administration, Department of Veterans Satisfaction Survey, VA Form 10–0470. Affairs, 810 Vermont Avenue, NW., Affairs. OMB Control Number: 2900—New Washington, DC 20420, (202) 461–7485, ACTION: Notice. (10–0470). FAX (202) 273–0443 or e-mail: Type of Review: New collection. [email protected]. Please SUMMARY: The Veterans Health Abstract: The data collected on VA refer to ‘‘OMB Control No. 2900—New Administration (VHA) is announcing an Form 10–0470 will be used by VA to (uSPEQ).’’ opportunity for public comment on the gain a better understanding of veterans’ proposed collection of certain satisfaction with Veteran Industries SUPPLEMENTARY INFORMATION: information by the agency. Under the Rehabilitation agency’s services. It is Title: uSPEQ Consumer Survey Paperwork Reduction Act (PRA) of intended to provide a model as a Experience (Rehabilitation), VA Form 1995, Federal agencies are required to national norm, so that agencies could 10–0467. publish notice in the Federal Register evaluate their performances against a concerning each proposed collection of OMB Control Number: 2900—New standard. information, including each proposed (uSPEQ). Affected Public: Individuals or new collection, and allow 60 days for households. Type of Review: New collection. public comment in response to the Estimated Annual Burden: 40. Abstract: uSPEQ (pronounced you notice. This notice solicits comments on Estimated Average Burden Per speak) survey will be used to gather information needed to evaluate Respondent: 20 minutes. input from veterans regarding their veterans’ experiences with Veterans Frequency of Response: Annually. satisfaction with VA’s rehabilitation Industries Vocational Rehabilitation Estimated Number of Respondents: programs. VA will use the data collected program. 120. to continue quality improvement, DATES: Written comments and Dated: May 5, 2009. informed programmatic development, recommendations on the proposed By direction of the Secretary. and to identify rehabilitation program collection of information should be Denise McLamb, strengths and weaknesses. received on or before July 10, 2009. Program Analyst, Enterprise Records Service. ADDRESSES: An agency may not conduct or Submit written comments [FR Doc. E9–10794 Filed 5–8–09; 8:45 am] on the collection of information through sponsor, and a person is not required to BILLING CODE A320–01–P the Federal Docket Management System respond to a collection of information (FDMS) at http://www.Regulations.gov; unless it displays a currently valid OMB or to Mary Stout, Veterans Health control number. The Federal Register DEPARTMENT OF VETERANS Administration (193E1), Department of AFFAIRS Notice with a 60-day comment period Veterans Affairs, 810 Vermont Avenue, soliciting comments on this collection NW., Washington, DC 20420 or e-mail: [OMB Control No. 2900–0609] of information was published on [email protected]. Please refer to Agency Information Collection (Survey February 24, 2009 at page 8307. ‘‘OMB Control No. 2900—New (10– of Veteran Enrollees’ Health and Affected Public: Individuals and 0470)’’ in any correspondence. During Reliance Upon VA) Activities Under the comment period, comments may be households. OMB Review Estimated Annual Burden: 32,000 viewed online through FDMS. hours. FOR FURTHER INFORMATION CONTACT: AGENCY: Veterans Health Mary Stout at (202) 461–5867 or FAX Administration, Department of Veterans Estimated Average Burden per (202) 273–9381. Affairs. Respondent: 5 minutes. SUPPLEMENTARY INFORMATION: Under the ACTION: Notice. Frequency of Response: On occasion. PRA of 1995 (Pub. L. 104–13; 44 U.S.C. SUMMARY: In compliance with the Estimated Number of Respondents: 3501–3521), Federal agencies must Paperwork Reduction Act (PRA) of 1995 384,000. obtain approval from OMB for each collection of information they conduct (44 U.S.C. 3501–3521), this notice Dated: May 6, 2009. or sponsor. This request for comment is announces that the Veterans Health By direction of the Secretary. being made pursuant to Section Administration (VHA), Department of Denise McLamb, 3506(c)(2)(A) of the PRA. Veterans Affairs, will submit the Program Analyst, Enterprise Records Service. With respect to the following collection of information abstracted below to the Office of Management and [FR Doc. E9–10793 Filed 5–8–09; 8:45 am] collection of information, VHA invites comments on: (1) Whether the proposed Budget (OMB) for review and comment. BILLING CODE A320–01–P collection of information is necessary The PRA submission describes the for the proper performance of VHA’s nature of the information collection and functions, including whether the its expected cost and burden; it includes information will have practical utility; the actual data collection instrument. (2) the accuracy of VHA’s estimate of DATES: Comments must be submitted on the burden of the proposed collection of or before June 10, 2009.
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ADDRESSES: Submit written comments respond to a collection of information ‘‘OMB Control No. 2900—New (10– on the collection of information through unless it displays a currently valid OMB 21092a–c)’’ in any correspondence. http://www.Regulations.gov or to VA’s control number. The Federal Register During the comment period, comments OMB Desk Officer, Office of Information Notice with a 60-day comment period may be viewed online through the and Regulatory Affairs, New Executive soliciting comments on this collection FDMS. Office Building, Room 10235, of information was published on FOR FURTHER INFORMATION CONTACT: Washington, DC 20503 (202) 395–7316. February 24, 2009, at page 8305. Mary Stout (202) 273–8664 or FAX (202) Please refer to ‘‘OMB Control No. 2900– Affected Public: Individuals or 273–9381. 0609’’ in any correspondence. Households, and Federal Government. SUPPLEMENTARY INFORMATION FOR FURTHER INFORMATION CONTACT: Estimated Annual Burden: 14,400 : Under the Denise McLamb, Enterprise Records hours. PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Service (005R1B), Department of Estimated Average Burden Per 3501–3521), Federal agencies must Veterans Affairs, 810 Vermont Avenue, Respondent: 20 minutes. obtain approval from the Office of NW., Washington, DC 20420, (202) 461– Frequency of Response: Annually. Management and Budget (OMB) for each 7485, FAX (202) 273–0443 or e-mail Estimated Number of Respondents: collection of information they conduct [email protected]. Please 42,200. or sponsor. This request for comment is being made pursuant to Section refer to ‘‘OMB Control No. 2900–0609. Dated: May 5, 2009. 3506(c)(2)(A) of the PRA. SUPPLEMENTARY INFORMATION: By direction of the Secretary. Title: Office of Information and Denise McLamb, With respect to the following Regulatory Affairs, VA Form 10–21034g. Program Analyst, Enterprise Records Service. collection of information, VHA invites OMB Control Number: 2900–0609. comments on: (1) Whether the proposed [FR Doc. E9–10795 Filed 5–8–09; 8:45 am] Type of Review: New collection. collection of information is necessary Abstract: Public Law 104–262, The BILLING CODE A320–01–P for the proper performance of VHA’s Veterans Health Care Eligibility Reform functions, including whether the Act of 1996, requires VA implement a DEPARTMENT OF VETERANS information will have practical utility; priority-based enrollment system. VA AFFAIRS (2) the accuracy of VHA’s estimate of must enroll veterans by specified the burden of the proposed collection of priorities as far down the priorities as [OMB Control No. 2900–New (10–21092a– information; (3) ways to enhance the the available resources permit. The c)] quality, utility, and clarity of the number of priority levels to which VHA information to be collected; and (4) Proposed Information Collection will be able to deliver care will be a ways to minimize the burden of the (Survey of Chronic Gastrointestinal function of annual funding levels and collection of information on Illness in Persian Gulf Veterans) utilization of health care services by respondents, including through the use Activity: Comment Request enrollees. Additionally, eligibility of automated collection techniques or reform has brought about the ever- AGENCY: Veterans Health the use of other forms of information increasing need for VA to plan and Administration, Department of Veterans technology. budget for the evolving clinical care Affairs. Titles: needs of its extremely dynamic enrollee ACTION: Notice. a. Survey of Chronic Gastrointestinal population at risk of need or use of VA Illness in Persian Gulf Veterans, VA care. SUMMARY: The Veterans Health Form 10–21092a. There is no valid, recent information Administration (VHA) is announcing an b. VA Research Consent Form (Cases), available in administrative databases on opportunity for public comment on the VA Form 10–2109b. all enrollees’ health status, income, and proposed collection of certain c. VA Research Consent Form their reliance upon the VA system. The information by the agency. Under the (Control), VA Form 10–2109c. magnitude of changes each year in Paperwork Reduction Act (PRA) of enrollees, their characteristics, and OMB Control Number: 2900—New 1995, Federal agencies are required to (10–21092a–c). system policies make annual surveys publish notice in the Federal Register necessary to capture this critical Type of Review: New collection. concerning each proposed collection of Abstract: Military troops who were information for input into VHA’s Health information, including each proposed Care Services Demand Model. The deployed in the first Persian Gulf War new collection, and allow 60 days for returned with persistent gastrointestinal survey will provide VA with current public comment in response to the information for sound decisions that symptoms, typical of diarrhea- notice. This notice solicits comments on affect the entire VA health care delivery predominant irritable bowl syndrome information needed to evaluate chronic system and the veterans it serves. VA (IBS). The data collected from the gastrointestinal disorders in Persian Form 10–21034g will be used to provide survey will assist VA in determining Gulf War Veterans. the survey data on morbidity and whether chronic gastrointestinal illness reliance that is critical to obtaining DATES: Written comments and in Persian Gulf Veterans was caused by accurate projections of VA’s ability to recommendations on the proposed the presence of bacteria in the intestines service veterans who are seeking VA collection of information should be and whether eradication of these health care services. The projections received on or before July 10, 2009. bacteria reduces symptoms of chronic will also be used to support VA’s ADDRESSES: Submit written comments diarrhea. Capital Asset Realignment for Enhanced on the collection of information through Affected Public: Individuals or Services initiative and will also served the Federal Docket Management System households. as the basis for VA’s new emphasis on (FDMS) at http://www.Regulations.gov; Estimated Total Annual Burden: population-based budget formulation, or to Mary Stout, Veterans Health a. Survey of Chronic Gastrointestinal policy scenario testing, and strategic Administration (193E1), Department of Illness in Persian Gulf Veterans, VA planning. Veterans Affairs, 810 Vermont Avenue, Form 10–21092a—3,000 hours. An agency may not conduct or NW., Washington, DC 20420 or e-mail: b. VA Research Consent Form (Cases), sponsor, and a person is not required to [email protected]. Please refer to VA Form 10–2109b—41 hours.
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c. VA Research Consent Form ADDRESSES: Submit written comments Dated: May 5, 2009. (Control), VA Form 10–2109c—31 on the collection of information through By direction of the Secretary. hours. Federal Docket Management System Denise McLamb, Estimated Average Burden Per (FDMS) at http://www.Regulations.gov Program Analyst, Enterprise Records Service. Respondent: or to Nancy J. Kessinger, Veterans [FR Doc. E9–10797 Filed 5–8–09; 8:45 am] a. Survey of Chronic Gastrointestinal Benefits Administration (20M35), BILLING CODE A320–01–P Illness in Persian Gulf Veterans, VA Department of Veterans Affairs, 810 Form 10–21092a—45 minutes. Vermont Avenue, NW., Washington, DC b. VA Research Consent Form (Cases), 20420 or e-mail to DEPARTMENT OF VETERANS VA Form 10–2109b—15 minutes. [email protected]. Please refer to AFFAIRS c. VA Research Consent Form ‘‘OMB Control No. 2900–New (21– (Control), VA Form 10–2109c—10 [OMB Control No. 2900–New (VR&E 526b)’’ in any correspondence. During Service)] minutes. the comment period, comments may be Frequency of Response: One time. viewed online through FDMS. Proposed Information Collection Estimated Number of Respondents: FOR FURTHER INFORMATION CONTACT: (VR&E Employment of Individuals With a. Survey of Chronic Gastrointestinal Nancy J. Kessinger at (202) 461–9769 or Severe Injuries Study); Comment Illness in Persian Gulf Veterans, VA FAX (202) 275–5947. Request Form 10–21092a—4,000. SUPPLEMENTARY INFORMATION: b. VA Research Consent Form (Cases), Under the AGENCY: Veterans Benefits VA Form 10–2109b—165. PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Administration, Department of Veterans c. VA Research Consent Form 3501—3521), Federal agencies must Affairs. obtain approval from the Office of (Control), VA Form 10–2109c—189. ACTION: Notice. Management and Budget (OMB) for each Dated: May 5, 2009. collection of information they conduct SUMMARY: The Veterans Benefits By direction of the Secretary. or sponsor. This request for comment is Administration (VBA), Department of Denise McLamb, being made pursuant to Section Veterans Affairs (VA), is announcing an Program Analyst, 3506(c)(2)(A) of the PRA. opportunity for public comment on the Enterprise Records Service. With respect to the following proposed collection of certain [FR Doc. E9–10796 Filed 5–8–09; 8:45 am] collection of information, VBA invites information by the agency. Under the BILLING CODE A320–01–P comments on: (1) Whether the proposed Paperwork Reduction Act (PRA) of collection of information is necessary 1995, Federal agencies are required to for the proper performance of VBA’s publish notice in the Federal Register DEPARTMENT OF VETERANS functions, including whether the concerning each proposed collection of AFFAIRS information will have practical utility; information, including each proposed (2) the accuracy of VBA’s estimate of the [OMB Control No. 2900–New (21–526b)] new collection, and allow 60 days for burden of the proposed collection of public comment in response to this Proposed Information Collection information; (3) ways to enhance the notice. This notice solicits comments on (Veteran’s Supplemental Claim quality, utility, and clarity of the information needed to determine Application) Activity: Comment information to be collected; and (4) whether Vocational Rehabilitation and Request ways to minimize the burden of the Employment Service program is meeting collection of information on the needs of severely disabled veterans. AGENCY: Veterans Benefits respondents, including through the use DATES: Written comments and Administration, Department of Veterans of automated collection techniques or recommendations on the proposed Affairs. the use of other forms of information collection of information should be ACTION: Notice. technology. received on or before July 10, 2009. Title: Veteran’s Supplemental Claim SUMMARY: The Veterans Benefits ADDRESSES: Submit written comments Application, VA Form 21–526b. on the collection of information through Administration (VBA), Department of OMB Control Number: 2900–New Federal Docket Management System Veterans Affairs (VA), is announcing an (21–526b). (FDMS) at http://www.Regulations.gov; opportunity for public comment on the Type of Review: New collection. or to Nancy J. Kessinger, Veterans proposed collection of certain Abstract: Veterans who were denied a Benefits Administration (20M35), information by the agency. Under the claim under Application for Department of Veterans Affairs, 810 Paperwork Reduction Act (PRA) of Compensation or Pension and wish to Vermont Avenue, NW., Washington, DC 1995, Federal agencies are required to request an increase in benefit and/or a 20420 or e-mail publish notice in the Federal Register claim for a new service-connected [email protected]. Please refer to concerning each proposed collection of condition must complete VA Form 21– ‘‘OMB Control No. 2900–New (VR&E information, including each proposed 526b to file a supplemental claim for Service)’’ in any correspondence. new collection, and allow 60 days for disability compensation or to reopen a During the comment period, comments public comment in response to the previously denied claim. VA will use may be viewed online through the notice. This notice solicits comments on the data to assist veterans in their claim FDMS. information needed to assist veterans in for compensation. reopening a previously denied disability Affected Public: Individuals or FOR FURTHER INFORMATION CONTACT: compensation claim or to request an households. Nancy J. Kessinger at (202) 461–9769 or increase in benefit and/or claim for a Estimated Annual Burden: 16,667. FAX (202) 275–5947. new service-connected condition. Estimated Average Burden Per SUPPLEMENTARY INFORMATION: Under the DATES: Written comments and Respondent: 5 minutes. PRA of 1995 (Pub. L. 104–13; 44 U.S.C. recommendations on the proposed Frequency of Response: One-time. 3501–3521), Federal agencies must collection of information should be Estimated Number of Respondents: obtain approval from the Office of received on or before July 10, 2009. 200,000. Management and Budget (OMB) for each
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collection of information they conduct the use of other forms of information services are effective as they can be by or sponsor. This request for comment is technology. identifying the factors that hinder and being made pursuant to section Title: Vocational Rehabilitation and assist achieving long-term career 3506(c)(2)(A) of the PRA. Employment (VR&E) Service employment for severely disabled With respect to the following Employment of Individuals with Severe veterans. collection of information, VBA invites Injuries Study. Affected Public: Individuals or comments on: (1) Whether the proposed OMB Control Number: 2900—New Households. collection of information is necessary (VR&E Service). Estimated Annual Burden: 200 hours. for the proper performance of VBA’s Type of Review: New collection. Estimated Average Burden per functions, including whether the Abstract: The mission of the VR&E Respondent: 60 minutes. information will have practical utility; program is to provide vocational Frequency of Response: One-time. (2) the accuracy of VBA’s estimate of the rehabilitation services that will assist Estimated Number of Respondents: burden of the proposed collection of veterans to obtain and keep suitable 200. information; (3) ways to enhance the employment consistent with their Dated: May 5, 2009. quality, utility, and clarity of the capabilities and interests or to achieve information to be collected; and (4) independence in their activities of daily By direction of the Secretary. ways to minimize the burden of the living. The study will be used to Denise McLamb, collection of information on determine whether the VR&E program is Program Analyst, Enterprise Records Service. respondents, including through the use meeting the needs of severely disabled [FR Doc. E9–10798 Filed 5–8–09; 8:45 am] of automated collection techniques or veterans and whether rehabilitation BILLING CODE A320–01–P
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Part II
Regulatory Information Service Center Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions
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REGULATORY INFORMATION SERVICE CENTER II. Why Is the Unified Agenda Published? ...... 21860 III. How Is the Unified Agenda Organized? ...... 21861 Introduction to the Unified Agenda of Federal Regulatory IV. What Information Appears for Each Entry? ...... 21862 and Deregulatory Actions V. Abbreviations ...... 21863 VI. How Can Users Get Copies of the Plan and the Agenda? 21864 AGENCY: Regulatory Information Service Center. AGENCY AGENDAS ACTION: Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions. Cabinet Departments
SUMMARY: The Regulatory Flexibility Act requires that Department of Agriculture ...... 21865 Department of Commerce ...... 21887 agencies publish semiannual regulatory agendas in the Department of Energy ...... 21915 Federal Register describing regulatory actions they are Department of Health and Human Services ...... 21919 developing that may have a significant economic impact on Department of Homeland Security ...... 21943 a substantial number of small entities (5 U.S.C. 602). Department of Housing and Urban Development ...... 21953 Executive Order 12866 ‘‘Regulatory Planning and Review,’’ Department of Justice ...... 21957 signed September 30, 1993 (58 FR 51735) and Office of Department of Labor ...... 21961 Management and Budget memoranda implementing section Department of Transportation ...... 21969 4 of that Order establish minimum standards for agencies’ Other Executive Agencies agendas, including specific types of information for each entry. Environmental Protection Agency ...... 21991 General Services Administration ...... 22001 The Unified Agenda of Federal Regulatory and National Foundation on the Arts and the Humanities Deregulatory Actions (Unified Agenda) helps agencies fulfill National Endowment for the Arts ...... 22005 these requirements. All Federal regulatory agencies have Small Business Administration ...... 22007 chosen to publish their regulatory agendas as part of the Unified Agenda. Joint Authority Editions of the Unified Agenda prior to fall 2007 were Department of Defense/General Services printed in their entirety in the Federal Register. Beginning Administration/National Aeronautics and Space Administra- with the fall 2007 edition, the Internet is the basic means tion (Federal Acquisition Regulation) ...... 22013 for conveying Regulatory Agenda information to the maximum extent legally permissible. The complete Unified Independent Regulatory Agencies Agenda for spring 2009, which contains the regulatory Federal Communications Commission ...... 22017 agendas for 56 Federal agencies, is available to the public Federal Reserve System ...... 22063 at http://reginfo.gov. National Credit Union Administration ...... 22067 The spring 2009 Unified Agenda publication appearing in Nuclear Regulatory Commission ...... 22069 the Federal Register consists of agency regulatory flexibility Securities and Exchange Commission ...... 22073 agendas, in accordance with the publication requirements of INTRODUCTION TO THE UNIFIED AGENDA OF the Regulatory Flexibility Act. Agency regulatory flexibility FEDERAL REGULATORY AND DEREGULATORY agendas contain only those Agenda entries for rules which ACTIONS are likely to have a significant economic impact on a I. What Is the Unified Agenda? substantial number of small entities and entries that have been selected for periodic review under section 610 of the The Unified Agenda provides information about Regulatory Flexibility Act. regulations that the Government is considering or reviewing. The Unified Agenda has appeared in the Federal Register ADDRESSES: Regulatory Information Service Center (MI), twice each year since 1983 and has been available online General Services Administration, 1800 F Street NW., Suite since 1995. To further the objective of using modern 3039, Washington, DC 20405. technology to deliver better service to the American people FOR FURTHER INFORMATION CONTACT: For further information for lower cost, beginning with the fall 2007 edition, the about specific regulatory actions, please refer to the agency Internet is the basic means for conveying Regulatory Agenda contact listed for each entry. information to the maximum extent legally permissible. The complete Unified Agenda is available to the public at To provide comment on or to obtain further information http://reginfo.gov. The online Unified Agenda offers flexible about this publication, contact: John C. Thomas, Executive search tools and will soon offer access to the entire historic Director, Regulatory Information Service Center (MI), Unified Agenda database. General Services Administration, 1800 F Street NW., Suite 3039, Washington, DC 20405, (202) 482-7340. You may also The spring 2009 Unified Agenda publication appearing in send comments to us by e-mail at: the Federal Register consists of agency regulatory flexibility agendas, in accordance with the publication requirements of [email protected] the Regulatory Flexibility Act. Agency regulatory flexibility SUPPLEMENTARY INFORMATION: agendas contain only those Agenda entries for rules which are likely to have a significant economic impact on a substantial number of small entities and entries that have TABLE OF CONTENTS been selected for periodic review under section 610 of the Regulatory Flexibility Act. Printed entries display only the Page fields required by the Regulatory Flexibility Act. Complete agenda information for those entries appears, in a uniform Introduction to the Unified Agenda of Federal Regulatory and format, in the online Unified Agenda at http://reginfo.gov. Deregulatory Actions These publication formats meet the publication mandates I. What Is the Unified Agenda? ...... 21859 of the Regulatory Flexibility Act and Executive Order 12866,
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as well as move the Agenda process toward the goal of e- and Regulatory Affairs (OIRA), part of the Office of Government, at a substantially reduced printing cost Management and Budget. OIRA is responsible for overseeing compared with prior editions. The current format does not the Federal Government’s regulatory, paperwork, and reduce the amount of information available to the public, information resource management activities, including but it does limit most of the content of the Agenda to online implementation of Executive Order 12866. The Center also access. The complete online edition of the Unified Agenda provides information about Federal regulatory activity to the includes regulatory agendas from 56 Federal agencies. President and his Executive Office, the Congress, agency Agencies of the United States Congress are not included. managers, and the public. The following agencies have no entries identified for The activities included in the Agenda are, in general, inclusion in the printed regulatory flexibility agenda. The those that will have a regulatory action within the next 12 regulatory agendas of these agencies are available to the months. Agencies may choose to include activities that will public at http://reginfo.gov. have a longer timeframe than 12 months. Agency agendas also show actions or reviews completed or withdrawn since Department of Defense the last Unified Agenda. Executive Order 12866 does not Department of Education require agencies to include regulations concerning military Department of the Interior or foreign affairs functions or regulations related to agency organization, management, or personnel matters. Department of State Agencies prepared entries for this publication to give the Department of the Treasury public notice of their plans to review, propose, and issue Department of Veterans Affairs regulations. They have tried to predict their activities over Agency for International Development the next 12 months as accurately as possible, but dates and schedules are subject to change. Agencies may withdraw Architectural and Transportation Barriers Compliance some of the regulations now under development, and they Board may issue or propose other regulations not included in their Commission on Civil Rights agendas. Agency actions in the rulemaking process may occur before or after the dates they have listed. The Unified Commodity Futures Trading Commission Agenda does not create a legal obligation on agencies to Committee for Purchase From People Who Are Blind or adhere to schedules in this publication or to confine their Severely Disabled regulatory activities to those regulations that appear within Consumer Product Safety Commission it. Corporation for National and Community Service II. Why Is the Unified Agenda Published? Court Services and Offender Supervision Agency for the The Unified Agenda helps agencies comply with their District of Columbia obligations under the Regulatory Flexibility Act and various Executive orders and other statutes. Equal Employment Opportunity Commission Regulatory Flexibility Act Farm Credit Administration The Regulatory Flexibility Act requires agencies to identify Farm Credit System Insurance Corporation those rules that may have a significant economic impact on Federal Deposit Insurance Corporation a substantial number of small entities (5 U.S.C. 602). Federal Energy Regulatory Commission Agencies meet that requirement by including the information in their submissions for the Unified Agenda. Federal Housing Finance Agency Agencies may also indicate those regulations that they are Federal Maritime Commission reviewing as part of their periodic review of existing rules under the Regulatory Flexibility Act (5 U.S.C. 610). Federal Mediation and Conciliation Service Executive Order 13272 entitled ‘‘Proper Consideration of Federal Trade Commission Small Entities in Agency Rulemaking,’’ signed August 13, National Aeronautics and Space Administration 2002 (67 FR 53461), provides additional guidance on compliance with the Act. National Archives and Records Administration Executive Order 12866 National Endowment for the Humanities Executive Order 12866 entitled ‘‘Regulatory Planning and National Indian Gaming Commission Review,’’ signed September 30, 1993 (58 FR 51735), requires National Science Foundation covered agencies to prepare an agenda of all regulations Office of Government Ethics under development or review. The Order also requires that certain agencies prepare annually a regulatory plan of their Office of Management and Budget ‘‘most important significant regulatory actions,’’ which Office of Personnel Management appears as part of the fall Unified Agenda. Executive Order 13497, signed January 30, 2009 (74 FR 6113), revoked the Pension Benefit Guaranty Corporation amendments to Executive Order 12866 that were contained Postal Regulatory Commission in Executive Order 13258 and Executive Order 13422. Railroad Retirement Board Executive Order 13132 Selective Service System Executive Order 13132 entitled ‘‘Federalism,’’ signed Social Security Administration August 4, 1999 (64 FR 43255), directs agencies to have an accountable process to ensure meaningful and timely input Surface Transportation Board by State and local officials in the development of regulatory The Regulatory Information Service Center (the Center) policies that have ‘‘federalism implications’’ as defined in compiles the Unified Agenda for the Office of Information the Order. Under the Order, an agency that is proposing a
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regulation with federalism implications, which either Each printed agenda appears as a separate part. The parts preempt State law or impose nonstatutory unfunded are organized alphabetically in four groups: Cabinet substantial direct compliance costs on State and local departments; other executive agencies; the Federal governments, must consult with State and local officials Acquisition Regulation, a joint authority; and independent early in the process of developing the regulation. In regulatory agencies. Agencies may in turn be divided into addition, the agency must provide to the Director of the subagencies. Each agency’s part of the Agenda contains a Office of Management and Budget a federalism summary preamble providing information specific to that agency. impact statement for such a regulation, which consists of a Each printed agency agenda has a table of contents listing description of the extent of the agency’s prior consultation the agency’s printed entries that follow. with State and local officials, a summary of their concerns The online, complete Unified Agenda contains the and the agency’s position supporting the need to issue the preambles of all participating agencies. Unlike the printed regulation, and a statement of the extent to which those edition, the online Agenda has no fixed ordering. In the concerns have been met. As part of this effort, agencies online Agenda, users can select the particular agencies include in their submissions for the Unified Agenda whose agendas they want to see. Users have broad flexibility information on whether their regulatory actions may have to specify the characteristics of the entries of interest to them an effect on the various levels of government and whether by choosing the desired responses to individual data fields. those actions have federalism implications. To see a listing of all of an agency’s entries, a user can select Unfunded Mandates Reform Act of 1995 the agency without specifying any particular characteristics of entries. The Unfunded Mandates Reform Act of 1995 (Pub. L. 104- 4, title II) requires agencies to prepare written assessments Each entry in the Agenda is associated with one of five of the costs and benefits of significant regulatory actions rulemaking stages. The rulemaking stages are: ‘‘that may result in the expenditure by State, local, and tribal 1. Prerule Stage — actions agencies will undertake to governments, in the aggregate, or by the private sector, of determine whether or how to initiate rulemaking. Such $100,000,000 or more . . . in any 1 year . . . .’’ The actions occur prior to a Notice of Proposed Rulemaking requirement does not apply to independent regulatory (NPRM) and may include Advance Notices of Proposed agencies, nor does it apply to certain subject areas excluded Rulemaking (ANPRMs) and reviews of existing by section 4 of the Act. Affected agencies identify in the regulations. Unified Agenda those regulatory actions they believe are 2.Proposed Rule Stage — actions for which agencies plan subject to title II of the Act. to publish a Notice of Proposed Rulemaking as the next Executive Order 13211 step in their rulemaking process or for which the closing Executive Order 13211 entitled ‘‘Actions Concerning date of the NPRM Comment Period is the next step. Regulations That Significantly Affect Energy Supply, 3. Final Rule Stage — actions for which agencies plan to Distribution, or Use,’’ signed May 18, 2001 (66 FR 28355), publish a final rule or an interim final rule or to take other directs agencies to provide, to the extent possible, final action as the next step. information regarding the adverse effects that agency actions 4. Long-Term Actions — items under development but for may have on the supply, distribution, and use of energy. which the agency does not expect to have a regulatory Under the Order, the agency must prepare and submit a action within the 12 months after publication of this Statement of Energy Effects to the Administrator of the edition of the Unified Agenda. Some of the entries in this Office of Information and Regulatory Affairs, Office of section may contain abbreviated information. 5. Completed Actions — actions or reviews the agency has Management and Budget, for ‘‘those matters identified as completed or withdrawn since publishing its last agenda. significant energy actions.’’ As part of this effort, agencies This section also includes items the agency began and may optionally include in their submissions for the Unified completed between issues of the Agenda. Agenda information on whether they have prepared or plan to prepare a Statement of Energy Effects for their regulatory A bullet (•) preceding the title of an entry indicates that actions. the entry is appearing in the Unified Agenda for the first time. Small Business Regulatory Enforcement Fairness Act In the printed edition, all entries are numbered The Small Business Regulatory Enforcement Fairness Act sequentially from the beginning to the end of the (Pub. L. 104-121, title II) established a procedure for publication. The sequence number preceding the title of congressional review of rules (5 U.S.C. 801 et seq.), which each entry identifies the location of the entry in this edition. defers, unless exempted, the effective date of a ‘‘major’’ rule The sequence number is used as the reference in the printed for at least 60 days from the publication of the final rule table of contents. Sequence numbers are not used in the in the Federal Register. The Act specifies that a rule is online Unified Agenda because the unique Regulation ‘‘major’’ if it has resulted or is likely to result in an annual Identifier Number (RIN) is able to provide this cross- effect on the economy of $100 million or more or meets reference capability. other criteria specified in that Act. The Act provides that the Administrator of OIRA will make the final determination Editions of the Unified Agenda prior to fall 2007 as to whether a rule is major. contained several indexes, which identified entries with various characteristics. These included regulatory actions for III. How Is the Unified Agenda Organized? which agencies believe that the Regulatory Flexibility Act Agency regulatory flexibility agendas are printed in a may require a Regulatory Flexibility Analysis, actions single daily edition of the Federal Register. A regulatory selected for periodic review under section 610(c) of the flexibility agenda is printed for each agency whose agenda Regulatory Flexibility Act, and actions that may have includes entries for rules which are likely to have a federalism implications as defined in Executive Order 13132 significant economic impact on a substantial number of or other effects on levels of government. These indexes are small entities or rules that have been selected for periodic no longer compiled, because users of the online Unified review under section 610 of the Regulatory Flexibility Act. Agenda have the flexibility to search for entries with any
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combination of desired characteristics. The online edition Unfunded Mandates — whether the rule is covered by retains the Unified Agenda’s subject index based on the section 202 of the Unfunded Mandates Reform Act of 1995 Federal Register Thesaurus of Indexing Terms. In addition, (Pub. L. 104-4). The Act requires that, before issuing an online users have the option of searching Agenda text fields NPRM likely to result in a mandate that may result in for words or phrases. expenditures by State, local, and tribal governments, in the aggregate, or by the private sector of more than $100 million IV. What Information Appears for Each Entry? in 1 year, agencies, other than independent regulatory All entries in the online Unified Agenda contain uniform agencies, shall prepare a written statement containing an data elements including, at a minimum, the following assessment of the anticipated costs and benefits of the information: Federal mandate. Title of the Regulation — a brief description of the subject Legal Authority — the section(s) of the United States Code of the regulation. In the printed edition, the notation (U.S.C.) or Public Law (Pub. L.) or the Executive order (E.O.) ‘‘Section 610 Review’’ following the title indicates that the that authorize(s) the regulatory action. Agencies may agency has selected the rule for its periodic review of provide popular name references to laws in addition to these existing rules under the Regulatory Flexibility Act (5 U.S.C. citations. 610(c)). Some agencies have indicated completions of CFR Citation — the section(s) of the Code of Federal section 610 reviews or rulemaking actions resulting from Regulations that will be affected by the action. completed section 610 reviews. In the online edition, these notations appear in a separate field. Legal Deadline — whether the action is subject to a statutory or judicial deadline, the date of that deadline, and Priority — an indication of the significance of the whether the deadline pertains to an NPRM, a Final Action, regulation. Agencies assign each entry to one of the or some other action. following five categories of significance. Abstract — a brief description of the problem the (1) Economically Significant regulation will address; the need for a Federal solution; to the extent available, alternatives that the agency is As defined in Executive Order 12866, a rulemaking action considering to address the problem; and potential costs and that will have an annual effect on the economy of $100 benefits of the action. million or more or will adversely affect in a material way the economy, a sector of the economy, productivity, Timetable — the dates and citations (if available) for all competition, jobs, the environment, public health or past steps and a projected date for at least the next step for safety, or State, local, or tribal governments or the regulatory action. A date displayed in the form 03/00/10 communities. The definition of an ‘‘economically means the agency is predicting the month and year the significant’’ rule is similar but not identical to the action will take place but not the day it will occur. In some definition of a ‘‘major’’ rule under 5 U.S.C. 801 (Pub. L. instances, agencies may indicate what the next action will 104-121). (See below.) be, but the date of that action is ‘‘To Be Determined.’’ ‘‘Next Action Undetermined’’ indicates the agency does not know (2) Other Significant what action it will take next. A rulemaking that is not Economically Significant but is Regulatory Flexibility Analysis Required — whether an considered Significant by the agency. This category analysis is required by the Regulatory Flexibility Act (5 includes rules that the agency anticipates will be reviewed U.S.C. 601 et seq.) because the rulemaking action is likely under Executive Order 12866 or rules that are a priority to have a significant economic impact on a substantial of the agency head. These rules may or may not be number of small entities as defined by the Act. included in the agency’s regulatory plan. Small Entities Affected — the types of small entities (businesses, governmental jurisdictions, or organizations) on (3) Substantive, Nonsignificant which the rulemaking action is likely to have an impact as A rulemaking that has substantive impacts but is neither defined by the Regulatory Flexibility Act. Some agencies Significant, nor Routine and Frequent, nor have chosen to indicate likely effects on small entities even Informational/Administrative/Other. though they believe that a Regulatory Flexibility Analysis will not be required. (4) Routine and Frequent Government Levels Affected — whether the action is A rulemaking that is a specific case of a multiple recurring expected to affect levels of government and, if so, whether application of a regulatory program in the Code of Federal the governments are State, local, tribal, or Federal. Regulations and that does not alter the body of the International Impacts — whether the regulation is regulation. expected to have international trade and investment effects, or otherwise may be of interest to the Nation’s international (5) Informational/Administrative/Other trading partners. A rulemaking that is primarily informational or pertains Federalism — whether the action has ‘‘federalism to agency matters not central to accomplishing the implications’’ as defined in Executive Order 13132. This agency’s regulatory mandate but that the agency places in term refers to actions ‘‘that have substantial direct effects on the Unified Agenda to inform the public of the activity. the States, on the relationship between the national Major - whether the rule is ‘‘major’’ under 5 U.S.C. 801 government and the States, or on the distribution of power (Pub. L. 104-121) because it has resulted or is likely to result and responsibilities among the various levels of in an annual effect on the economy of $100 million or more government.’’ Independent regulatory agencies are not or meets other criteria specified in that Act. The Act required to supply this information. provides that the Administrator of the Office of Information Included in the Regulatory Plan — whether the and Regulatory Affairs will make the final determination as rulemaking was included in the agency’s current regulatory to whether a rule is major. plan published in fall 2008.
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Agency Contact — the name and phone number of at least An ANPRM is issued only when an agency believes it needs one person in the agency who is knowledgeable about the to gather more information before proceeding to a notice of rulemaking action. The agency may also provide the title, proposed rulemaking. address, fax number, e-mail address, and TDD for each CFR — The Code of Federal Regulations is an annual agency contact. codification of the general and permanent regulations Some agencies have provided the following optional published in the Federal Register by the agencies of the information: Federal Government. The Code is divided into 50 titles, each RIN Information URL — the Internet address of a site that title covering a broad area subject to Federal regulation. The provides more information about the entry. CFR is keyed to and kept up to date by the daily issues of the Federal Register. Public Comment URL — the Internet address of a site that will accept public comments on the entry. Alternatively, EO — An Executive order is a directive from the President timely public comments may be submitted at the to Executive agencies, issued under constitutional or governmentwide e-rulemaking site, statutory authority. Executive orders are published in the http://www.regulations.gov. Federal Register and in title 3 of the Code of Federal Regulations. Additional Information — any information an agency wishes to include that does not have a specific FR — The Federal Register is a daily Federal Government corresponding data element. publication that provides a uniform system for publishing Presidential documents, all proposed and final regulations, Compliance Cost to the Public — the estimated gross notices of meetings, and other official documents issued by compliance cost of the action. Federal agencies. Affected Sectors — the industrial sectors that the action FY — The Federal fiscal year runs from October 1 to may most affect, either directly or indirectly. Affected September 30. sectors are identified by North American Industry Classification System (NAICS) codes. NPRM — A Notice of Proposed Rulemaking is the document an agency issues and publishes in the Federal Energy Effects — an indication of whether the agency has Register that describes and solicits public comments on a prepared or plans to prepare a Statement of Energy Effects proposed regulatory action. Under the Administrative for the action, as required by Executive Order 13211 Procedure Act (5 U.S.C. 553), an NPRM must include, at a ‘‘Actions Concerning Regulations That Significantly Affect minimum: Energy Supply, Distribution, or Use,’’ signed May 18, 2001 • a statement of the time, place, and nature of the public (66 FR 28355). rulemaking proceeding; Related RINs — one or more past or current RIN(s) • a reference to the legal authority under which the rule associated with activity related to this action, such as is proposed; and merged RINs, split RINs, new activity for previously • either the terms or substance of the proposed rule or a completed RINs, or duplicate RINs. description of the subjects and issues involved. Some agencies that participated in the fall 2008 edition PL (or Pub. L.) — A public law is a law passed by of The Regulatory Plan have chosen to include the following Congress and signed by the President or enacted over his information for those entries that appeared in the Plan: veto. It has general applicability, unlike a private law that applies only to those persons or entities specifically Statement of Need — a description of the need for the designated. Public laws are numbered in sequence regulatory action. throughout the 2-year life of each Congress; for example, PL Summary of the Legal Basis — a description of the legal 110-4 is the fourth public law of the 110th Congress. basis for the action, including whether any aspect of the RFA — A Regulatory Flexibility Analysis is a description action is required by statute or court order. and analysis of the impact of a rule on small entities, Alternatives — a description of the alternatives the including small businesses, small governmental agency has considered or will consider as required by jurisdictions, and certain small not-for-profit organizations. section 4(c)(1)(B) of Executive Order 12866. The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires Anticipated Costs and Benefits — a description of each agency to prepare an initial RFA for public comment preliminary estimates of the anticipated costs and benefits when it is required to publish an NPRM and to make of the action. available a final RFA when the final rule is published, unless the agency head certifies that the rule would not have Risks — a description of the magnitude of the risk the a significant economic impact on a substantial number of action addresses, the amount by which the agency expects small entities. the action to reduce this risk, and the relation of the risk and this risk reduction effort to other risks and risk RIN — The Regulation Identifier Number is assigned by reduction efforts within the agency’s jurisdiction. the Regulatory Information Service Center to identify each regulatory action listed in the Unified Agenda, as directed V. Abbreviations by Executive Order 12866 (section 4(b)). Additionally, OMB The following abbreviations appear throughout this has asked agencies to include RINs in the headings of their publication: Rule and Proposed Rule documents when publishing them ANPRM — An Advance Notice of Proposed Rulemaking in the Federal Register, to make it easier for the public and is a preliminary notice, published in the Federal Register, agency officials to track the publication history of regulatory announcing that an agency is considering a regulatory actions throughout their development. action. An agency may issue an ANPRM before it develops Seq. No. — The sequence number identifies the location a detailed proposed rule. An ANPRM describes the general of an entry in the printed edition of the Unified Agenda. area that may be subject to regulation and usually asks for Note that a specific regulatory action will have the same RIN public comment on the issues and options being discussed. throughout its development but will generally have different
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sequence numbers if it appears in different printed editions All editions of The Regulatory Plan and the Unified of the Unified Agenda. Sequence numbers are not used in Agenda of Federal Regulatory and Deregulatory Actions the online Unified Agenda since fall 1995 are available in electronic form at USC — The United States Code is a consolidation and http://reginfo.gov, along withflexible search tools. During codification of all general and permanent laws of the United 2009, searchable access to the entire historic Unified Agenda States. The USC is divided into 50 titles, each title covering database back to 1983 will be added to the site. a broad area of Federal law. In accordance with regulations for the Federal Register, VI. How Can Users Get Copies of the Agenda? the Government Printing Office’s GPO Access website Copies of the Federal Register issue containing the contains copies of the Agendas and Regulatory Plans that printed edition of the Unified Agenda (agency regulatory have been printed in the Federal Register. These documents flexibility agendas) are available from the Superintendent of are available at http://www.gpoaccess.gov/ua/index.html. Documents, U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-7954. Telephone: (202) 512- Dated: April 22 , 2009. 1800 or 1-866-512-1800 (toll-free). John C. Thomas, Copies of individual agency materials may be available Executive Director. directly from the agency or may be found on the agency’s [FR Doc. E9–10283 Filed 05–08–09;8:45 am] website. Please contact the particular agency for further BILLING CODE 6820–27–S information.
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Part III
Department of Agriculture Semiannual Regulatory Agenda
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DEPARTMENT OF AGRICULTURE (USDA)
DEPARTMENT OF AGRICULTURE Department of Agriculture (USDA) in 602), USDA’s printed agenda entries conformance with Executive Order include only: Office of the Secretary 12866 ‘‘Regulatory Planning and (1) Rules that are likely to have a Review.’’ 7 CFR Subtitle A, Chs. I-VII, IX-XII, XIV- significant economic impact on a XVIII, XXI, XXIV-XXIX USDA has attempted to list all substantial number of small entities; regulations and regulatory reviews and 9 CFR Chs. I-IV pending at the time of publication, (2) Rules identified for periodic except for minor and routine or review under section 610 of the 36 CFR Ch. II repetitive actions, but some may have Regulatory Flexibility Act. been inadvertently missed. There is no 41 CFR Ch. 4 FOR FURTHER INFORMATION CONTACT: For legal significance to the omission of an further information on any specific item from this listing. Also, the dates Semiannual Regulatory Agenda, entry shown in this agenda, please shown for the steps of each action are Spring 2009 contact the person listed for that action. estimated and are not commitments to For general comments or inquiries about AGENCY: Office of the Secretary, USDA. act on or by the date shown. the agenda, please contact Michael Poe, ACTION: Semiannual regulatory agenda. USDA’s complete regulatory agenda is Office of Budget and Program Analysis, U.S. Department of Agriculture, available online at www.reginfo.gov. Washington, DC 20250, (202) 720-1272. SUMMARY: This agenda provides Because publication in the Federal summary descriptions of significant and Register is mandated for the regulatory Dated: March 6, 2009. not significant regulations being flexibility agendas required by the Michael Poe, developed in agencies of the U.S. Regulatory Flexibility Act (5 U.S.C. Chief, Legislative and Regulatory Staff. Agricultural Marketing Service—Prerule Stage
Regulation Sequence Title Identifier Number Number
1 National Organic Program: Add Standards for the Organic Certification of Wild Captured Aquatic Animals, (TM-01- 08) ...... 0581–AB97
Agricultural Marketing Service—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
2 National Organic Program: Dairy Replacement Animals (Livestock) (TM-07-03) ...... 0581–AC69 3 Mushroom Promotion, Research and Consumer Information Order (FV-08-702) ...... 0581–AC82
Agricultural Marketing Service—Final Rule Stage
Regulation Sequence Title Identifier Number Number
4 National Organic Program: Access to Pasture (TM-05-14) ...... 0581–AC57 5 Dairy Import Assessments (DA-08-07) ...... 0581–AC87
Agricultural Marketing Service—Long-Term Actions
Regulation Sequence Title Identifier Number Number
6 National Organic Program, Sunset (2011) (Crops and Processing) (TM-07-14) ...... 0581–AC77
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USDA
Agricultural Marketing Service—Completed Actions
Regulation Sequence Title Identifier Number Number
7 Mandatory Country of Origin Labeling of Beef, Pork, Lamb, Fish, Perishable Agricultural Commodities, and Pea- nuts (LS-07-0081) ...... 0581–AC26 8 Specialty Crop Block Grant Program (Farm Bill) ...... 0581–AC88
Farm Service Agency—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
9 Farm Loan Programs Loan Making Activities ...... 0560–AI03 10 Conservation Loan Guarantee Program ...... 0560–AI04 11 Loan Servicing; Farm Loan Programs ...... 0560–AI05
Farm Service Agency—Long-Term Actions
Regulation Sequence Title Identifier Number Number
12 Emergency Forest Restoration Program ...... 0560–AH89 13 Biomass Crop Assistance Program ...... 0560–AH92
Animal and Plant Health Inspection Service—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
14 Animal Welfare: Marine Mammals; Nonconsensus Language and Interactive Programs (Rulemaking Resulting From a Section 610 Review) ...... 0579–AB24 15 Animal Welfare; Regulations and Standards for Birds ...... 0579–AC02 16 Importation of Plants for Planting; Establishing a New Category of Plants for Planting Not Authorized for Importa- tion Pending Risk Assessment (Rulemaking Resulting From a Section 610 Review) ...... 0579–AC03 17 Introduction of Organisms and Products Altered or Produced Through Genetic Engineering ...... 0579–AC31 18 Tuberculosis in Cattle; Import Requirements for Roping Steers ...... 0579–AC50 19 Bovine Spongiform Encephalopathy; Importation of Bovines and Bovine Products ...... 0579–AC68 20 Scrapie in Sheep and Goats ...... 0579–AC92
Animal and Plant Health Inspection Service—Final Rule Stage
Regulation Sequence Title Identifier Number Number
21 Phytosanitary Certificates for Imported Fruits and Vegetables ...... 0579–AB18 22 Phytophthora Ramorum; Quarantine and Regulations ...... 0579–AB82 23 Boll Weevil; Quarantine and Regulations ...... 0579–AB91 24 Bovine Spongiform Encephalopathy; Minimal-Risk Regions and Importation of Commodities; Unsealing of Means of Conveyance and Transloading of Products ...... 0579–AB97 25 Standards for Permanent, Privately Owned Horse Quarantine Facilities (Section 610 Review) ...... 0579–AC00 26 National Veterinary Accreditation Program (Rulemaking Resulting From a Section 610 Review) ...... 0579–AC04 27 Citrus Canker; Compensation for Certified Citrus Nursery Stock ...... 0579–AC05 28 Agricultural Inspection and AQI User Fees Along the U.S./Canada Border ...... 0579–AC06 29 Citrus Canker; Quarantine of the State of Florida ...... 0579–AC07 30 User Fees; Export Certification for Plants and Plant Products ...... 0579–AC22 31 Importation of Poultry and Poultry Products From Regions Affected With Highly Pathogenic Avian Influenza ...... 0579–AC36 32 Light Brown Apple Moth Quarantine ...... 0579–AC71 33 Viral Hemorrhagic Septicemia; Interstate Movement and Import Restrictions on Certain Live Fish ...... 0579–AC74
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USDA
Animal and Plant Health Inspection Service—Final Rule Stage (Continued)
Regulation Sequence Title Identifier Number Number
34 Importation of Grapes From Chile Under a Systems Approach ...... 0579–AC82 35 Citrus Greening and Asian Citrus Psyllid; Quarantine and Interstate Movement Regulations ...... 0579–AC85 36 Sirex Woodwasp; Quarantine and Regulations ...... 0579–AC86
Animal and Plant Health Inspection Service—Long-Term Actions
Regulation Sequence Title Identifier Number Number
37 Plant Pest Regulations; Update of Current Provisions (Section 610 Review) ...... 0579–AA80 38 Foot-and-Mouth Disease; Payment of Indemnity ...... 0579–AB34 39 Tuberculosis in Cattle; Import Requirements (Section 610 Review) ...... 0579–AB44 40 Minimum Age Requirements for the Transport of Animals ...... 0579–AC14 41 Animal Welfare; Climatic and Environmental Conditions for Transportation of Warmblooded Animals Other Than Marine Mammals ...... 0579–AC41 42 Importation of Cattle From Mexico; Addition of Port at San Luis, Arizona ...... 0579–AC63 43 Handling of Animals; Contingency Plans ...... 0579–AC69 44 Bovine Tuberculosis...... 0579–AC73
Animal and Plant Health Inspection Service—Completed Actions
Regulation Sequence Title Identifier Number Number
45 Interstate Movement of Sheep and Goats; Approved Livestock Facilities, Identification, and Recordkeeping Re- quirements ...... 0579–AB84 46 Citrus Canker; Interstate Movement of Regulated Nursery Stock From Quarantined Areas ...... 0579–AC38 47 Import/Export User Fees ...... 0579–AC59 48 Revision of Regulations for the Movement of Fruits and Vegetables From Hawaii and U.S. Territories Into the Continental United States ...... 0579–AC70
Rural Housing Service—Final Rule Stage
Regulation Sequence Title Identifier Number Number
49 Guaranteed Single-Family Housing ...... 0575–AC18
Food Safety and Inspection Service—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
50 Federal-State Interstate Shipment Cooperative Inspection Program ...... 0583–AD37
Food Safety and Inspection Service—Final Rule Stage
Regulation Sequence Title Identifier Number Number
51 Performance Standards for the Production of Processed Meat and Poultry Products; Control of Listeria Monocytogenes in Ready-To-Eat Meat and Poultry Products ...... 0583–AC46
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USDA
Forest Service—Final Rule Stage
Regulation Sequence Title Identifier Number Number
52 Special Areas; State-Specific Inventoried Roadless Area Management: Colorado ...... 0596–AC74
Office of the Secretary—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
53 Voluntary Labeling Program for Designated Biobased Products ...... 0503–AA35 54 Designation of Biobased Items for Federal Procurement, Round 7 ...... 0503–AA36
Rural Business-Cooperative Service—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
55 Renewable Energy—Clarify Requirements for Construction/Development of Energy Program Projects (Rule- making Resulting From a Section 610 Review) ...... 0570–AA69
Department of Agriculture (USDA) Prerule Stage Agricultural Marketing Service (AMS)
1. NATIONAL ORGANIC PROGRAM: Production standards for operations Regulatory Flexibility Analysis ADD STANDARDS FOR THE ORGANIC producing aquatic animals will Required: Yes CERTIFICATION OF WILD CAPTURED incorporate requirements for livestock AQUATIC ANIMALS, (TM–01–08) origin, feed ration, health care, living Agency Contact: Richard H. Mathews, Chief of Standards Development and Legal Authority: 7 USC 6501 to 6522 conditions, and recordkeeping. Handling standards for such operations Review Branch, Department of Abstract: The Agricultural Marketing will address prevention of commingling Agriculture, Agricultural Marketing Service (AMS) is revising regulations of organically produced commodities Service, 1400 Independence Avenue pertaining to labeling of agricultural and prevention of contact between SW, Washington, DC 20250 products as organically produced and organically produced and prohibited Phone: 202 720–3252 handled (7 CFR part 205). The term substances. ‘‘aquatic animal’’ will be incorporated Fax: 202 205–7808 Email: [email protected] in the definition of livestock to Timetable: establish production and handling RIN: 0581–AB97 standards for operations that capture Action Date FR Cite aquatic animals from the wild. ANPRM 12/00/09
Department of Agriculture (USDA) Proposed Rule Stage Agricultural Marketing Service (AMS)
2. NATIONAL ORGANIC PROGRAM: NOP, some members of the public have regulations to require that once a dairy DAIRY REPLACEMENT ANIMALS advocated for amending the regulations operation has converted to organic (LIVESTOCK) (TM–07–03) for sourcing dairy replacement animals. production all future animals be They have asserted that the current organic from the last third of gestation. Legal Authority: 7 USC 6501 regulatory language on sourcing dairy Timetable: Abstract: The National Organic replacement animals lacks clarity, has Program (NOP) is administered by the established an inequitable two track Action Date FR Cite Agricultural Marketing Service (AMS). system, and has harmed organic dairy NPRM 04/00/09 Under the NOP, AMS established producers by creating an environment Final Action 01/00/10 national standards for the production that has prevented the development of and handling of organically produced a market for organic dairy replacement Regulatory Flexibility Analysis products. Since implementation of the animals. They seek amendment to the Required: Yes
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USDA—AMS Proposed Rule Stage
Agency Contact: Richard H. Mathews, Abstract: The Farm Bill of 2008 Action Date FR Cite Chief of Standards Development and amends the Mushroom Promotion, Review Branch, Department of Research and Consumer Information NPRM Comment 05/07/09 Period End Agriculture, Agricultural Marketing Act of 1990 by changing the number Final Action 12/00/09 Service, 1400 Independence Avenue of regions for nominations purposes SW, Washington, DC 20250 from four to three; adjusting the Regulatory Flexibility Analysis Phone: 202 720–3252 number of pounds required to appoint Required: Yes Fax: 202 205–7808 members to the Mushroom Council; Agency Contact: Sonia Jimenez, Email: [email protected] and to allow for the development of Marketing Specialist, Department of RIN: 0581–AC69 good agricultural and good handling Agriculture, Agricultural Marketing practices. Service, South Building, P.O. Box 96456, Washington, DC 20050–6456 3. MUSHROOM PROMOTION, Timetable: Phone: 202 720–9915 RESEARCH AND CONSUMER Action Date FR Cite Fax: 202 205–2800 INFORMATION ORDER (FV–08–702) Email: [email protected] NPRM 04/07/09 74 FR 15677 Legal Authority: 7 USC 6101 to 6112 RIN: 0581–AC82
Department of Agriculture (USDA) Final Rule Stage Agricultural Marketing Service (AMS)
4. NATIONAL ORGANIC PROGRAM: Timetable: Abstract: The Agricultural Marketing ACCESS TO PASTURE (TM–05–14) Action Date FR Cite Service is establishing a dairy import Legal Authority: 7 USC 6501 et seq assessment program as required by law. ANPRM 04/13/06 71 FR 19131 This action is in conformance to the Abstract: The National Organic ANPRM Comment 06/12/06 Food, Conservation, and Energy Act of Program (NOP) is administered by the Period End 2008 (Farm Bill). The Farm Bill Agricultural Marketing Service (AMS). NPRM 10/24/08 73 FR 63583 mandates that the Dairy Promotion and Under the NOP, AMS established NPRM Comment 12/23/08 Research Order be amended to national standards for the production Period End implement an assessment on imported and handling of organically produced Final Action 08/00/09 dairy products to fund promotion and agricultural products. Since research, and allow for importer Regulatory Flexibility Analysis implementation of the NOP, some representation on the National Dairy Required: members of the public have advocated Yes Promotion and Research Board. for a more explicit regulatory standard on the relationship between livestock, Agency Contact: Richard H. Mathews, Timetable: Chief of Standards Development and particularly dairy animals, and grazing Action Date FR Cite land. They have asserted the current Review Branch, Department of regulatory language on access to Agriculture, Agricultural Marketing Interim Final Rule 06/00/09 pasture for ruminants and temporary Service, 1400 Independence Avenue Regulatory Flexibility Analysis confinement based on an animal’s stage SW, Washington, DC 20250 Required: Yes of production, when applied together, Phone: 202 720–3252 Agency Contact: Whitney Rick, do not provide a uniform requirement Fax: 202 205–7808 for the pasturing of ruminant animals Email: [email protected] Promotion and Research Branch Chief, that meet the principles underlying an Department of Agriculture, Agricultural organic management system for RIN: 0581–AC57 Marketing Service, 1400 Independence livestock and livestock products that Avenue SW, Washington, DC 20250 consumers expect. Comments received Phone: 202 720–6909 5. DAIRY IMPORT ASSESSMENTS Fax: 202 720–0285 as a result of the proposed rule will (DA–08–07) assist in determining the Agency’s next Email: [email protected] steps in rulemaking on this issue. Legal Authority: 7 USC 4501 to 4513 RIN: 0581–AC87
Department of Agriculture (USDA) Long-Term Actions Agricultural Marketing Service (AMS)
6. NATIONAL ORGANIC PROGRAM, pertaining to the National List of production and handling will expire on SUNSET (2011) (CROPS AND Allowed and Prohibited Substances. As September 12, 2001. The AMS PROCESSING) (TM–07–14) required by the National Organic Foods published an advance notice of Legal Authority: 7 USC 6501 Production Act of 1990, the allowed proposed rulemaking to make the use of the 12 synthetic and non- public aware of this requirement. AMS Abstract: The Agricultural Marketing synthetic substances in organic believes that public comment is Service (AMS) is amending regulations
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USDA—AMS Long-Term Actions
essential in the review process to Timetable: Regulatory Flexibility Analysis determine whether these substances Action Date FR Cite Required: Yes should continue to be allowed or Agency Contact: ANPRM 03/14/08 73 FR 13795 Richard H. Mathews prohibited in the production and Phone: 202 720–3252 handling of organic agricultural ANPRM Comment 05/13/08 Period End Fax: 202 205–7808 products. NPRM 10/00/10 Email: [email protected] Final Action 08/00/11 RIN: 0581–AC77
Department of Agriculture (USDA) Completed Actions Agricultural Marketing Service (AMS)
7. MANDATORY COUNTRY OF ORIGIN Country of Origin Labeling (COOL) for competitiveness of specialty crops. The LABELING OF BEEF, PORK, LAMB, all covered commodities except wild interim final rule is intended to FISH, PERISHABLE AGRICULTURAL and farm-raised fish and shellfish until establish eligibility and application COMMODITIES, AND PEANUTS September 30, 2006. The FY 2006 requirements, the review and approval (LS–07–0081) Agriculture Appropriations Bill further process, and grant administration delayed the implementation date for procedures for SCBGP. The SCBGP is Legal Authority: 7 USC 1621 to 1627, other covered commodities until authorized under section 101 of the Agricultural Marketing Act of 1946 September 30, 2008. Specialty Crops Competitiveness Act (7 Abstract: The Farm Security and Rural Completed: U.S.C. 1621 note) and amended under the Food, Conservation, and Energy Act Investment Act of 2002 (Farm Bill) Reason Date FR Cite (Pub. L. 107-171) and the 2002 of 2008. Section 101 direction the Supplemental Appropriations Act (2002 Final Action 01/15/09 74 FR 2657 Secretary of Agriculture to make grants Appropriations) (Pub. L. 107-206) Final Action Effective 03/16/09 available to States. amended the Agricultural Marketing Regulatory Flexibility Analysis Completed: Act of 1946 (Act) (7 U.S.C. 1621 et seq.) Required: Yes Reason Date FR Cite to require retailers to notify their Agency Contact: Erin Morris customers of the country of origin of Interim Final Rule 11/03/08 Phone: 202 720–5131 covered commodities beginning Comment Period Email: [email protected] September 30, 2004. Covered End commodities include muscle cuts of RIN: 0581–AC26 Final Action 03/27/09 74 FR 13313 beef (including veal), lamb, and pork; Final Action Effective 03/30/09 ground beef, ground lamb, and ground 8. SPECIALTY CROP BLOCK GRANT Regulatory Flexibility Analysis pork; farm-raised fish and shellfish; PROGRAM (FARM BILL) Required: Yes wild fish and shellfish; perishable Agency Contact: agricultural commodities; and peanuts. Legal Authority: 7 USC 1621 Trista Etzig The FY 2004 Consolidated Abstract: The Agricultural Marketing Phone: 202 690–4942 Appropriations bill (2004 Service is establishing regulations to Email: [email protected] Appropriations) (Pub. L. 108-199) administer the Special Crop Block RIN: 0581–AC88 delayed implementation of mandatory Grant Program (SCBGP) to enhance the BILLING CODE 3410—02—S
Department of Agriculture (USDA) Proposed Rule Stage Farm Service Agency (FSA)
9. FARM LOAN PROGRAMS LOAN Requirement; 5201, Eligibility of Equine percent of the grant received. Under the MAKING ACTIVITIES Farmers and Ranchers for Emergency program, qualified, low-income Legal Authority: PL 110–246 Loans; 5301, Beginning Farmer and beginning farmers or prospective Rancher Individual Development beginning farmers would establish Abstract: The rule will implement the Accounts Pilot Program; and 5501, saving accounts with a monthly deposit provisions of the 2008 Farm Bill that Loans to Purchase Highly Fractionated plan administered by the grantees. The affect Farm Loan Programs (FLP) Loan Land. program funds must match the Making Division (LMD); there is participants’ deposits at a minimum of discretion involved in the A Beginning Farmer and Rancher 100 percent and a maximum of 200 implementation. The sections being Individual Development Accounts 5- percent. Participants must use the implemented are: 5001, Direct Loans; year pilot program will be established 5005, Beginning Farmer or Rancher and in at least 15 States. The program savings account funds toward the Socially Disadvantaged Farmer or entails FSA making grants to qualified purchase of farmland, livestock, or Rancher Contract Land Sales Program nonprofit organizations who then similar farm start-up/operating Down Payment Loan Program; 5101, deliver the program to eligible expenses. The program must be Farming Experience as an Eligibility participants. Grantees must match 50 operated by and in conjunction with
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USDA—FSA Proposed Rule Stage
FSA farm loan programs. The initial guarantees will be at 75 percent of the emphasizes this responsibility and applications for the program must be loan amount. The applicant must have insures that FSA uses all the tools approved no more than one year after an acceptable conservation plan that available to graduate borrowers to the law is enacted. The program is not includes the project(s) to be financed. commercial credit as soon as they can mandatory; an appropriation of up to Preference is given to beginning farmer financially do so. In 2007, over 2,500 $5 million annually is authorized to and socially disadvantaged applicants, direct borrowers (about 3.7 percent of fund the program. conversion to sustainable or organic the portfolio) graduated to commercial Individual tribal members will be production practices, and compliance credit. FSA believes graduation will allowed to qualify for Indian Land with highly erodible land conservation continue in the 3 to 5 percent range Acquisition loans. requirements. Eligibility for the and is dependant on the overall farm program is not restricted to those who economy. Timetable: cannot get credit elsewhere. The The right of an FSA borrower-owner to Action Date FR Cite program is not mandatory; purchase leased property under appropriations are authorized. NPRM 07/00/09 Homestead Protection will be extended Regulatory Flexibility Analysis Timetable: beyond the borrower-owner to the Required: Yes Action Date FR Cite immediate family. Currently, FSA only has 38 properties in Homestead Agency Contact: Deirdre Holder, NPRM 09/00/09 Director, Regulatory Review Group, Protection. Department of Agriculture, Farm Regulatory Flexibility Analysis Acceleration and foreclosure will be Service Agency, 1400 Independence Required: Yes suspended on borrowers who file a Avenue SW, Washington, DC Agency Contact: Deirdre Holder, claim of program discrimination against 20250–0572 Director, Regulatory Review Group, the Department or have a claim Phone: 202 205–5851 Department of Agriculture, Farm pending. Interest accrual and offset will Fax: 202 720–5233 Service Agency, 1400 Independence also be suspended during the time of Email: [email protected] Avenue SW, Washington, DC the moratorium. If the borrower does RIN: 0560–AI03 20250–0572 not prevail in the claim, the interest Phone: 202 205–5851 which would have accrued during the Fax: 202 720–5233 moratorium will be due and offset on 10. CONSERVATION LOAN Email: [email protected] the account will be reestablished. GUARANTEE PROGRAM RIN: 0560–AI04 Timetable: Legal Authority: PL 110–246 Action Date FR Cite Abstract: The rule will implement the 11. LOAN SERVICING; FARM LOAN provisions of the 2008 Farm Bill that NPRM 05/00/09 PROGRAMS affect Farm Loan Programs (FLP) Loan Regulatory Flexibility Analysis Legal Authority: PL 110–246 Making Division (LMD); there is Required: Yes discretion in how several of the Abstract: The 2008 Farm Bill requires Agency Contact: Deirdre Holder, provisions are implemented. The several changes to the Farm Service Director, Regulatory Review Group, section being implemented is 5002, Agency (FSA) Farm Loan Program Department of Agriculture, Farm Conservation Loan and Loan Guarantee. (FLP) loan servicing regulations. An Service Agency, 1400 Independence Implementation of this provision will overall plan will be established to Avenue SW, Washington, DC create a new direct and guaranteed loan insure that borrowers can be 20250–0572 program directed at assisting farmers in transitioned to private credit in the Phone: 202 205–5851 implementing conservation practices. shortest timeframe practicable. At Fax: 202 720–5233 The rule establishes a new loan and present, FSA monitors the status of all Email: [email protected] loan guarantee program to finance borrowers to determine if graduation is qualifying conservation projects. All possible. The 2008 Farm Bill RIN: 0560–AI05
Department of Agriculture (USDA) Long-Term Actions Farm Service Agency (FSA)
12. EMERGENCY FOREST land to restore the land after the land Timetable: RESTORATION PROGRAM is damaged by a natural disaster. The Action Date FR Cite Legal Authority: PL 110–246 damaged land must have had a tree cover immediately before the natural NPRM 10/00/10 Abstract: We are adding a new subpart disaster. The 2008 Farm Bill authorized Regulatory Flexibility Analysis to the regulations in 7 CFR part 701 such funds as may be necessary to be Required: to implement the Emergency Forest appropriated to carry out this program; Yes Restoration Program (EFRP) which was the appropriated amounts are to remain Agency Contact: Deirdre Holder authorized by the 2008 Farm Bill. EFRP available until expended. will provide cost-share funding to Phone: 202 205–5851 owners of nonindustrial private forest Fax: 202 720–5233
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USDA—FSA Long-Term Actions
Email: [email protected] equity (if the facility is not operational project area producers for a term of up RIN: 0560–AH89 at the time of proposal); anticipated to 5 years for annual and perennial economic impacts; opportunities for crops and up to 15 years for woody local ownership; the participation rate biomass. 13. BIOMASS CROP ASSISTANCE by beginning and socially Timetable: PROGRAM disadvantaged farmers and ranchers; Legal Authority: PL 110–246 the impact on soil, water, and related Action Date FR Cite Abstract: We are adding a new resources; and the variety in biomass Notice 10/01/08 73 FR 57047 regulation to implement the Biomass production approaches. FSA will NPRM 06/00/10 Crop Assistance Program (BCAP) as partner with RD, which has capability Regulatory Flexibility Analysis required by the 2008 Farm Bill. We will and responsibility, including the Required: Yes collaborate with USDA/Rural potential for providing funding for Agency Contact: Development (RD), private industry, proposed biomass conversion facility, Deirdre Holder agricultural and forest land owners to regarding BCAP project area evaluation Phone: 202 205–5851 support the evaluation and selection of and selection. After BCAP project area Fax: 202 720–5233 BCAP project areas. BCAP project areas selection, FSA, acting on behalf of the Email: [email protected] must include a commitment to use Commodity Credit Corporation (CCC), RIN: 0560–AH92 local production; evidence of sufficient may enter into contracts with BCAP BILLING CODE 3410—05—S
Department of Agriculture (USDA) Proposed Rule Stage Animal and Plant Health Inspection Service (APHIS)
14. ANIMAL WELFARE: MARINE Action Date FR Cite Animal and Plant Health Inspection MAMMALS; NONCONSENSUS Service, 4700 River Road, Unit 84, LANGUAGE AND INTERACTIVE ANPRM Comment 07/29/02 Riverdale, MD 20737–1234 PROGRAMS (RULEMAKING Period End Phone: 301 734–0658 RESULTING FROM A SECTION 610 NPRM 06/00/09 NPRM Comment 10/00/09 RIN: 0579–AC02 REVIEW) Period End Legal Authority: 7 USC 2131 to 2159 Regulatory Flexibility Analysis 16. IMPORTATION OF PLANTS FOR Abstract: The U.S. Department of Required: Yes PLANTING; ESTABLISHING A NEW Agriculture regulates the humane Agency Contact: Barbara Kohn, Senior CATEGORY OF PLANTS FOR handling, care, treatment, and Staff Veterinarian, Animal Care, PLANTING NOT AUTHORIZED FOR transportation of certain marine Department of Agriculture, Animal and IMPORTATION PENDING RISK mammals under the Animal Welfare Plant Health Inspection Service, 4700 ASSESSMENT (RULEMAKING Act. The present standards for these River Road, Unit 84, Riverdale, MD RESULTING FROM A SECTION 610 animals have been in effect since 1979, 20737–1234 REVIEW) and amended in 1984. During this time, Phone: 301 734–7833 advances have been made and new Legal Authority: 7 USC 450; 7 USC RIN: 0579–AB24 information has been developed with 7701 to 7772; 7 USC 7781 to 7786; 21 regard to the housing and care of USC 136 and 136a marine mammals. This rulemaking 15. ANIMAL WELFARE; Abstract: This action would establish addresses marine mammal standards on REGULATIONS AND STANDARDS a new category in the regulations which consensus was not reached FOR BIRDS governing the importation of nursery during negotiated rulemaking Legal Authority: 7 USC 2131 to 2159 stock, also known as plants for conducted between September 1995 Abstract: APHIS intends to establish planting. This category would list taxa and July 1996. These include standards of plants for planting whose affecting variances, indoor facilities, standards for the humane handling, care, treatment, and transportation of importation is not authorized pending outdoor facilities, space requirements, risk assessment. We would allow and water quality, as well as swim- birds other than birds bred for use in research. foreign governments to request that a with-the-dolphin programs. These pest risk assessment be conducted for actions appear necessary to ensure that Timetable: a taxon whose importation is not the minimum standards for the humane Action Date FR Cite authorized pending risk evaluation. handling, care, treatment, and After the pest risk assessment was NPRM 08/00/09 transportation of marine mammals in completed, we would conduct captivity are based on current general, NPRM Comment 11/00/09 Period End rulemaking to remove the taxon from industry, and scientific knowledge and the proposed category if determined experience. Regulatory Flexibility Analysis appropriate by the risk assessment. We Required: Yes Timetable: are also proposing to expand the scope Agency Contact: Darrel Styles, of the plants regulated in the plants for Action Date FR Cite Veterinary Medical Officer, Animal planting regulations to include non- ANPRM 05/30/02 67 FR 37731 Care, Department of Agriculture, vascular plants. These changes would
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USDA—APHIS Proposed Rule Stage
allow us to react more quickly to Action Date FR Cite Action Date FR Cite evidence that a taxon of plants for planting may pose a pest risk while Comment Period End 09/11/07 Interim Rule; 08/12/04 69 FR 49783 ensuring that our actions are based on NPRM 10/09/08 73 FR 60007 Withdrawal scientific evidence. NPRM Comment 11/24/08 Interim Rule; 08/12/04 Period End Withdrawal Effective Timetable: Correction 11/10/08 73 FR 66563 NPRM 08/24/04 69 FR 51960 Action Date FR Cite NPRM Comment 01/16/09 74 FR 2907 NPRM Comment 10/25/04 Period Reopened Period End NPRM 06/00/09 NPRM Comment 03/17/09 NPRM; Withdrawal 05/00/09 NPRM Comment 08/00/09 Period End Period End Regulatory Flexibility Analysis NPRM; Notice of 03/11/09 74 FR 10517 Required: Yes Regulatory Flexibility Analysis Public Scoping Agency Contact: Required: Yes Session Francisco NPRM Comment 04/13/09 74 FR 16797 Collazo–Mattei, Assistant Director, Agency Contact: Arnold T. Tschanz, Period Reopened Ruminant Health Programs, National Senior Risk Manager, Commodity NPRM Comment 06/29/09 Center for Animal Health Programs, VS, Import Analysis and Operations, PPQ, Period End Department of Agriculture, Animal and Department of Agriculture, Animal and Final Action To Be Determined Plant Health Inspection Service, 4700 Plant Health Inspection Service, 4700 River Road, Unit 43, Riverdale, MD Regulatory Flexibility Analysis River Road, Unit 133, Riverdale, MD 20737 Required: Yes 20737–1231 Phone: 301 734–6954 Phone: 301 734–5306 Agency Contact: John Turner, Director, RIN: 0579–AC50 RIN: 0579–AC03 Policy Coordination Division, BRS, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 19. BOVINE SPONGIFORM 17. INTRODUCTION OF ORGANISMS River Road, Unit 146, Riverdale, MD ENCEPHALOPATHY; IMPORTATION AND PRODUCTS ALTERED OR 20737–1236 OF BOVINES AND BOVINE PRODUCED THROUGH GENETIC Phone: 301 734–5720 PRODUCTS ENGINEERING RIN: 0579–AC31 Legal Authority: 7 USC 450; 7 USC Legal Authority: 7 USC 7701 to 7772; 1622; 7 USC 7701 to 7772; 7 USC 8301 7 USC 7781 to 7786; 31 USC 9701 to 8317; 21 USC 136 and 136a; 31 USC Abstract: This rulemaking would revise 18. TUBERCULOSIS IN CATTLE; 9701 the regulations regarding the IMPORT REQUIREMENTS FOR Abstract: This rulemaking would importation, interstate movement, and ROPING STEERS amend the regulations regarding the environmental release of certain Legal Authority: 7 USC 1622; 7 USC importation of bovines and bovine genetically engineered organisms in 8301 to 8317; 21 USC 136 and 136a; products. Under this rulemaking, order to bring the regulations into 31 USC 9701 countries would be classified as either alignment with provisions of the Plant negligible risk, controlled risk, or Protection Act. The revisions would Abstract: This document will withdraw undetermined risk for bovine also update the regulations in response a proposed rule that we published on spongiform encephalopathy (BSE). to advances in genetic science and August 24, 2004 (69 FR 51960 to 51962, Some commodities would be allowed technology and our accumulated APHIS Docket No. 03-081-3). In our importation into the United States experience in implementing the current August 2004 proposed rule, we regardless of the BSE classification of regulations. This is the first proposed to require that steers and the country of export. Other comprehensive review and revision of spayed heifers with any evidence of commodities would be subject to the regulations since they were horn growth that are entering the importation restrictions or prohibitions established in 1987. This rule would United States meet the same based on the type of commodity and affect persons involved in the tuberculosis testing requirements as the BSE classification of the country. importation, interstate movement, or sexually intact animals entering the The criteria for country classification release into the environment of United States. Instead of proposing and commodity import would be genetically engineered plants and provisions specific to cattle imported closely aligned with those of the World certain other genetically engineered for use at rodeos, as our August 2004 Organization for Animal Health. organisms. proposal did, APHIS is considering broader changes to the tuberculosis Timetable: Timetable: regulations. Action Date FR Cite Action Date FR Cite Timetable: NPRM 06/00/09 NPRM Comment 08/00/09 Notice of Intent to 01/23/04 69 FR 3271 Action Date FR Cite Prepare an Period End Environmental Interim Final Rule 07/20/04 69 FR 43283 Regulatory Flexibility Analysis Impact Statement Interim Final Rule 08/19/04 Required: Yes Comment Period End 03/23/04 Effective Notice of Availability of 07/17/07 72 FR 39021 Interim Final Rule 09/20/04 Agency Contact: Christopher Draft Environmental Comment Period Robinson, Senior Staff Veterinarian, Impact Statement End Technical Trade Services, National
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USDA—APHIS Proposed Rule Stage
Center for Import and Export, VS, genetically less susceptible or resistant Timetable: Department of Agriculture, Animal and to scrapie, and simplifying, reducing, Action Date FR Cite Plant Health Inspection Service, 4700 or removing certain recordkeeping River Road, Unit 40, Riverdale, MD requirements. This action would NPRM 06/00/09 20737–1231 provide designated scrapie NPRM Comment 08/00/09 Phone: 301 734–7837 epidemiologists with more alternatives Period End and flexibility when testing animals in RIN: 0579–AC68 order to determine flock designations Regulatory Flexibility Analysis under the regulations. It would change Required: Yes 20. ∑ SCRAPIE IN SHEEP AND GOATS the definition of high-risk animal, which will change the types of animals Agency Contact: Diane Sutton, Legal Authority: 7 USC 8301 to 8317 eligible for indemnity, and to pay National Scrapie Program Coordinator, Abstract: This rulemaking would higher indemnity for certain pregnant Ruminant Health Programs, NCAHP, amend the scrapie regulations by ewes and early maturing ewes. It would VS, Department of Agriculture, Animal changing the risk groups and categories also make the identification and and Plant Health Inspection Service, established for individual animals and recordkeeping requirements for goat 4700 River Road, Unit 43, Riverdale, for flocks, increasing the use of genetic owners consistent with those for sheep MD 20737–1235 testing as a means of assigning risk owners. These changes would affect Phone: 301 734–6954 levels to animals, reducing movement sheep and goat producers and State restrictions for animals found to be governments. RIN: 0579–AC92
Department of Agriculture (USDA) Final Rule Stage Animal and Plant Health Inspection Service (APHIS)
21. PHYTOSANITARY CERTIFICATES River Road, Unit 140, Riverdale, MD Timetable: FOR IMPORTED FRUITS AND 20737–1236 Action Date FR Cite VEGETABLES Phone: 301 734–8295 Interim Final Rule 02/27/07 72 FR 8585 Legal Authority: 7 USC 450; 7 USC RIN: 0579–AB18 Interim Final Rule 02/27/07 7701 to 7772; 7 USC 7781 to 7786; 21 Effective USC 136 and 136a 22. PHYTOPHTHORA RAMORUM; Interim Final Rule 04/30/07 Abstract: Currently APHIS does not QUARANTINE AND REGULATIONS Comment Period End require a phytosanitary certificate to Legal Authority: 7 USC 7701 to 7772; Final Action To Be Determined accompany fruits and vegetables 7 USC 7781 to 7786 imported into the United States except Regulatory Flexibility Analysis for certain fruits and vegetables grown Abstract: This action will amend the Required: Yes Phytophthora ramorum regulations to in designated foreign regions. This rule Agency Contact: Jonathan Jones, make the regulations consistent with a will require that a phytosanitary National Phytophthora Ramorum Federal Order issued by APHIS in certificate accompany noncommercial Program Manager, Pest Detection and December 2004 that established consignments of fresh fruits and Management Programs, PPQ, restrictions on the interstate movement vegetables imported into the United Department of Agriculture, Animal and of nursery stock from nurseries in States by air passengers. Plant Health Inspection Service, 4700 nonquarantined counties in California, River Road, Unit 160, Riverdale, MD Timetable: Oregon, and Washington. This action 20737 will also update conditions for the Action Date FR Cite Phone: 301 734–8247 movement of regulated articles of NPRM 08/29/01 66 FR 45637 nursery stock from quarantined areas, RIN: 0579–AB82 NPRM Comment 10/29/01 Period End as well as restrict the interstate NPRM; Availability of 05/24/06 71 FR 29846 movement of all other nursery stock 23. BOLL WEEVIL; QUARANTINE AND Risk Assessment from nurseries in quarantined areas. We REGULATIONS NPRM; Availability of 07/24/06 are also updating the list of plants regulated because of P. ramorum and Legal Authority: 7 USC 7701 to 7772; Risk Assessment 7 USC 7781 to 7786 Comment Period the list of areas that are quarantined End for P. ramorum and making other Abstract: This action will establish Final Action 06/00/09 miscellaneous revisions to the domestic boll weevil regulations that regulations. These actions are necessary will restrict the interstate movement of Regulatory Flexibility Analysis to prevent the spread of P. ramorum regulated articles within regulated areas Required: Yes to noninfested areas of the United and from regulated areas into or Agency Contact: Evelia Sosa, Senior States. We will continue to update the through nonregulated areas in Staff Officer, Quarantine Policy regulations through additional commercial cotton producing States. Analysis and Support, PPQ, rulemakings as new scientific The regulations will help prevent the Department of Agriculture, Animal and information on this pathogen becomes artificial spread of boll weevil into Plant Health Inspection Service, 4700 available. noninfested areas of the United States
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USDA—APHIS Final Rule Stage
and the reinfestation of areas from States under Federal supervision. These Import/Export Animals, National Center which the boll weevil has been actions will contribute to the humane for Import and Export, VS, Department eradicated. treatment of ruminants shipped to the of Agriculture, Animal and Plant Timetable: United States from Canada and remove Health Inspection Service, 4700 River an impediment to international trade, Road, Unit 39, Riverdale, MD Action Date FR Cite without increasing the risk of the BSE 20737–1231 NPRM 10/31/06 71 FR 63707 disease agent entering the United Phone: 301 734–8364 NPRM Comment 01/02/07 States. RIN: 0579–AC00 Period End Timetable: NPRM Comment 12/20/06 71 FR 76224 Period Extended Action Date FR Cite 26. NATIONAL VETERINARY NPRM Comment 02/01/07 Interim Final Rule 11/28/05 70 FR 71213 ACCREDITATION PROGRAM Period End Interim Final Rule 01/27/06 (RULEMAKING RESULTING FROM A Final Action 12/00/09 Comment Period SECTION 610 REVIEW) Regulatory Flexibility Analysis End Legal Authority: 7 USC 8301 to 8317; Required: Yes Final Action 03/00/10 15 USC 1828 Agency Contact: William Grefenstette, Regulatory Flexibility Analysis Abstract: This rulemaking will amend National Coordinator, Boll Weevil Required: Yes the regulations regarding the National Eradication Program, PPQ, Department Agency Contact: Karen A. Veterinary Accreditation Program to of Agriculture, Animal and Plant James–Preston, Director, Technical establish two accreditation categories in Health Inspection Service, 4700 River Trade Services, Animal Products, NCIE, place of the current single category, to Road, Unit 138, Riverdale, MD 20737 VS, Department of Agriculture, Animal add requirements for supplemental Phone: 301 734–8676 and Plant Health Inspection Service, training and renewal of accreditation, RIN: 0579–AB91 4700 River Road, Unit 38, Riverdale, and to offer accreditation MD 20737–1231 specializations. These changes are Phone: 301 734–4356 intended to support the Agency’s 24. BOVINE SPONGIFORM RIN: 0579–AB97 animal health safeguarding initiatives, ENCEPHALOPATHY; MINIMAL–RISK to involve accredited veterinarians in REGIONS AND IMPORTATION OF integrated surveillance activities, and to COMMODITIES; UNSEALING OF 25. STANDARDS FOR PERMANENT, make the provisions governing our MEANS OF CONVEYANCE AND PRIVATELY OWNED HORSE National Veterinary Accreditation TRANSLOADING OF PRODUCTS QUARANTINE FACILITIES (SECTION Program more uniform and consistent. 610 REVIEW) Legal Authority: 7 USC 450; 7 USC Timetable: 1622; 7 USC 7701 to 7772; 7 USC 7781 Legal Authority: 7 USC 1622; 7 USC Action Date FR Cite to 7786; 7 USC 8301 to 8317; 21 USC 8301 to 8317; 21 USC 136 and 136a; 136 and 136a; 31 USC 9701; 42 USC 31 USC 9701 NPRM 06/01/06 71 FR 31109 4331 and 4332 Abstract: This rulemaking will NPRM Comment 07/31/06 Period End Abstract: In a final rule published in establish standards for the approval of Supplemental NPRM 02/27/07 72 FR 8634 the Federal Register on January 4, 2005, permanent, privately owned quarantine Supplemental NPRM 04/30/07 we amended the regulations regarding facilities for horses. We are taking this the importation of animals and animal Comment Period action because regional and seasonal End products to establish a category of demand for quarantine services for Final Action 03/00/10 regions that present a minimal risk of horses often exceeds the space available introducing bovine spongiform at existing facilities. Allowing imported Regulatory Flexibility Analysis encephalopathy into the United States horses to be quarantined in permanent, Required: No via live ruminants and ruminant privately owned quarantine facilities Agency Contact: Todd Behre, Program products and byproducts, and added that meet these newly proposed criteria Manager, National Veterinary Canada to this category. We also facilitates the importation of horses Accreditation Program, Department of established conditions for the while continuing to protect against the Agriculture, Animal and Plant Health importation of certain live ruminants introduction of communicable diseases Inspection Service, 4700 River Road, and ruminant products and byproducts of horses. Unit 46, Riverdale, MD 20737 from such regions. This rule will Timetable: Phone: 301 734–6188 amend the regulations to broaden who is authorized to break seals on means Action Date FR Cite RIN: 0579–AC04 of conveyances carrying certain NPRM 12/13/06 71 FR 74827 ruminants of Canadian origin. NPRM Comment 02/12/07 27. CITRUS CANKER; Additionally, it will amend the Period End COMPENSATION FOR CERTIFIED regulations regarding the transiting Final Action 05/00/09 CITRUS NURSERY STOCK through the United States of certain ruminant products from Canada to Regulatory Flexibility Analysis Legal Authority: 7 USC 7701 to 7772; allow for direct transloading of the Required: Yes 7 USC 7781 to 7786 products from one means of Agency Contact: Ellen Buck, Abstract: This rulemaking will conveyance to another in the United Veterinary Medical Officer, establish provisions under which
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eligible commercial citrus nurseries the U.S./Canada border of prohibited longer a scientifically feasible option to may, subject to the availability of material that originated in regions other address citrus canker. appropriated funds, receive payments than Canada that presents a high risk Timetable: for certified citrus nursery stock of introducing plant pests or animal destroyed to eradicate or control citrus diseases into the United States. These Action Date FR Cite canker. The payment of these funds is findings, combined with additional Interim Final Rule 08/01/06 71 FR 43345 necessary in order to reduce the Canadian airport preclearance data on Interim Final Rule 08/01/06 economic effects on affected interceptions of ineligible agricultural Effective commercial citrus nurseries that have products approaching the U.S. border Interim Final Rule 10/02/06 had certified citrus nursery stock from Canada, strongly indicate that we Comment Period destroyed to control citrus canker. need to expand and strengthen our pest End Technical Amendment 01/12/07 72 FR 1415 Timetable: exclusion and smuggling interdiction efforts at that border. In order to do Final Action 09/00/09 Action Date FR Cite this and to recover the costs of our Regulatory Flexibility Analysis Interim Final Rule 06/08/06 71 FR 33168 existing inspection activity, we need to Required: Yes Interim Final Rule 06/08/06 collect user fees from commercial Agency Contact: Stephen Poe, Senior Effective conveyances and international air Staff Officer, Emergency and Domestic Interim Final Rule 08/07/06 passengers entering the United States Programs, PPQ, Department of Comment Period from Canada. Agriculture, Animal and Plant Health End Timetable: Inspection Service, 4700 River Road, Affirmation of Interim 08/00/09 Unit 137, Riverdale, MD 20737–1231 Final Rule Action Date FR Cite Phone: 301 734–4387 Regulatory Flexibility Analysis Interim Final Rule 08/25/06 71 FR 50320 RIN: 0579–AC07 Required: Yes Interim Final Rule 11/24/06 Agency Contact: Stephen Poe, Senior Comment Period End 30. USER FEES; EXPORT Staff Officer, Emergency and Domestic Interim Final Rule 11/24/06 CERTIFICATION FOR PLANTS AND Programs, PPQ, Department of Effective PLANT PRODUCTS Agriculture, Animal and Plant Health Delay of Effective Date 11/22/06 71 FR 67436 Legal Authority: 7 USC 7701 to 7772; Inspection Service, 4700 River Road, Delay of Effective Date 02/26/07 72 FR 8261 7 USC 7781 to 7786; 7 USC 8301 to Unit 137, Riverdale, MD 20737–1231 Final Action To Be Determined Phone: 301 734–4387 8317; 21 USC 136 and 136a; 49 USC Regulatory Flexibility Analysis 80503 RIN: 0579–AC05 Required: Yes Abstract: This rulemaking will amend Agency Contact: Alan S. Green, the user fee regulations by adjusting the 28. AGRICULTURAL INSPECTION AND Executive Director, Plant Health fees charged for export certification of AQI USER FEES ALONG THE Programs, PPQ, Department of plants and plant products. We are U.S./CANADA BORDER Agriculture, Animal and Plant Health increasing these user fees for fiscal Legal Authority: 7 USC 450; 7 USC Inspection Service, 4700 River Road, years 2009 through 2012 to reflect the 7701 to 7772; 7 USC 7781 to 7786; 7 Unit 36, Riverdale, MD 20737 anticipated costs associated with USC 8301 to 8317; 21 USC 136 and Phone: 301 734–8261 providing these services during each 136a; 49 USC 80503 RIN: 0579–AC06 year. This action adds a new user fee for Federal export certificates for plants Abstract: This action will amend the and plant products that an exporter foreign quarantine and user fee 29. CITRUS CANKER; QUARANTINE obtains from a State or county regulations by removing the exemptions OF THE STATE OF FLORIDA cooperator in order to recover our costs from inspection for fruits and associated with that service. Finally, vegetables grown in Canada and the Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786 the action will make several exemptions from user fees for nonsubstantive changes to the Abstract: commercial vessels, commercial trucks, This action will amend the regulations for clarity. These changes commercial railroad cars, commercial citrus canker regulations to list the will enable us to properly recover the aircraft, and international air entire State of Florida as a quarantined costs of providing export certification passengers entering the United States area for citrus canker and amend the services for plants and plant products. from Canada. As a result of this action, requirements for the movement of all agricultural products imported from regulated articles from Florida now that Timetable: Canada will be subject to inspection, the eradication of citrus canker in Action Date FR Cite and commercial conveyances, as well Florida is no longer being carried out NPRM 06/12/07 72 FR 32223 as airline passengers arriving on flights as an objective. It will also amend the NPRM Comment 08/13/07 from Canada, will be subject to regulations to allow regulated articles Period End inspection and user fees. We are taking that would not otherwise be eligible for Final Rule 05/00/09 this action in part because we are not interstate movement to be moved to a recovering the costs of our current port for immediate export. These Regulatory Flexibility Analysis inspection activities at the U.S./Canada changes are necessary in light of the Required: Yes border. In addition, our data show an Department’s determination that the Agency Contact: Marcus McElvaine, increasing number of interceptions on established eradication program was no Senior Import Specialist, PIM, PPQ,
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Department of Agriculture, Animal and 32. LIGHT BROWN APPLE MOTH Timetable: Plant Health Inspection Service, 4700 QUARANTINE Action Date FR Cite River Road, Unit 140, Riverdale, MD 20737–1236 Legal Authority: 7 USC 7701 to 7772; Interim Final Rule 09/09/08 73 FR 52173 (IFR) Phone: 301 734–4382 7 USC 7781 to 7786 Interim Final Rule 11/10/08 Abstract: We are quarantining 9 Comment Period Kris Caraher, User Fee Section Head, counties in California and the entire End Financial Management Division, State of Hawaii because of the light IFR; Delay of Effective 10/28/08 73 FR 63867 MRPBS, Department of Agriculture, brown apple moth and restricting the Date Animal and Plant Health Inspection interstate movement of regulated Interim Final Rule 01/09/09 Service, 4700 River Road, Unit 54, articles from the quarantined areas. Effective Riverdale, MD 20737–1232 This action is necessary on an IFR; Delay of Effective 01/02/09 74 FR 1 Phone: 301 734–5901 emergency basis to prevent the spread Date Amended Interim Final 04/00/09 RIN: 0579–AC22 of the light brown apple moth into Rule noninfested areas of the United States. Regulatory Flexibility Analysis 31. IMPORTATION OF POULTRY AND Timetable: Required: Yes POULTRY PRODUCTS FROM Action Date FR Cite Agency Contact: P. Gary Egrie, Senior REGIONS AFFECTED WITH HIGHLY Staff Veterinary Medical Officer, PATHOGENIC AVIAN INFLUENZA Interim Final Rule 08/00/09 Interim Final Rule 10/00/09 National Center for Animal Health Legal Authority: 7 USC 1622; 7 USC Comment Period Programs, VS, Department of 8301 to 8317; 21 USC 136 and 136a End Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Abstract: This rulemaking will amend Regulatory Flexibility Analysis Unit 46, Riverdale, MD 20737–1231 the regulations concerning the Required: Yes Phone: 301 734–6188 importation of animals and animal Agency Contact: Deborah McPartlan, products to prohibit or restrict the Peter Merrill, Senior Staff Veterinarian, importation of birds, poultry, and bird Staff Officer, Emergency and Domestic National Center for Import and Export, and poultry products from regions that Programs, PPQ, Department of VS, Department of Agriculture, Animal have reported the presence in Agriculture, Animal and Plant Health and Plant Health Inspection Service, commercial birds or poultry of highly Inspection Service, 4700 River Road, 4700 River Road, Unit 39, Riverdale, pathogenic avian influenza other than Unit 134, Riverdale, MD 20737–1236 MD 20737–1231 subtype H5N1. This action will Phone: 301 734–5356 Phone: 301 734–8364 supplement existing prohibitions and RIN: 0579–AC71 RIN: 0579–AC74 restrictions on articles from regions that have reported the presence of exotic Newcastle disease or highly pathogenic 33. VIRAL HEMORRHAGIC 34. IMPORTATION OF GRAPES FROM avian influenza subtype H5N1. The SEPTICEMIA; INTERSTATE CHILE UNDER A SYSTEMS new restrictions will be almost MOVEMENT AND IMPORT APPROACH identical to those imposed on articles RESTRICTIONS ON CERTAIN LIVE Legal Authority: 7 USC 450; 7 USC from regions with exotic Newcastle FISH 7701 to 7772; 7 USC 7781 to 7786; 7 disease. USC 8301 to 8317; 21 USC 136 and Legal Authority: 7 USC 1622; 7 USC 136a Timetable: 8301 to 8317; 21 USC 136 and 136a; Action Date FR Cite 31 USC 9701 Abstract: This action would amend the fruits and vegetables regulations to Interim Final Rule 04/00/09 Abstract: This rulemaking will allow fresh table grapes from Chile to Interim Final Rule 06/00/09 establish regulations to restrict the be imported into the continental United Comment Period interstate movement and importation States under a systems approach. End into the United States of live fish that Currently, as a condition of entry, all are susceptible to viral hemorrhagic Regulatory Flexibility Analysis table grapes from Chile must be septicemia, a highly contagious disease fumigated with methyl bromide as a Required: Yes of certain fresh and saltwater fish. In risk-mitigation measure for Brevipalpus Agency Contact: Julia Punderson, 2005 and 2006, viral hemorrhagic chilensis. Under this proposal, we Senior Staff Veterinarian, NCIE, Animal septicemia was detected in freshwater would allow a combination of risk- Health Policy and Programs, VS, fish in several of the Great Lakes and mitigation measures, or systems Department of Agriculture, Animal and related tributaries. The disease has been approach, to be employed in lieu of Plant Health Inspection Service, 4700 responsible for several large-scale die- methyl bromide fumigation. The River Road, Unit 38, Riverdale, MD offs of wild fish in the Great Lakes systems approach would provide an 20737 region. This action is necessary to alternative to methyl bromide while Phone: 301 734–4356 prevent further introductions into, and continuing to provide protection dissemination within, the United States against the introduction of quarantine RIN: 0579–AC36 of viral hemorrhagic septicemia. pests into the United States.
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Timetable: California as quarantined areas for 36. SIREX WOODWASP; QUARANTINE Action Date FR Cite Asian citrus psyllid, a vector of a AND REGULATIONS bacterium that causes citrus greening. Legal Authority: 7 USC 7701 to 7772; NPRM 08/27/08 73 FR 50577 It would also establish restrictions on 7 USC 7781 to 7786; 21 USC 136 to NPRM Comment 10/27/08 the interstate movement of regulated 136a Period End articles from the quarantined areas, as Final Action 05/00/09 well as treatments under which Asian Abstract: This rulemaking will Regulatory Flexibility Analysis citrus psyllid host material may be quarantine counties in Michigan, New Required: Yes moved interstate from a quarantined Jersey, New York, Ohio, Pennsylvania, Agency Contact: Alex Belano, Chief, area. These actions follow the discovery and Vermont because of the Sirex Commodity Import Analysis and of citrus greening and/or Asian citrus woodwasp and establish restrictions on Operations, PPQ, Department of psyllid in the quarantined areas, and the interstate movement of regulated Agriculture, Animal and Plant Health are necessary in order to prevent the articles from these quarantined areas. Inspection Service, 4700 River Road, spread of the disease and its vector to This action is necessary on an Unit 133, Riverdale, MD 20737–1231 noninfested areas of the United States. emergency basis to prevent the artificial Phone: 301 734–5333 spread of this plant pest to noninfested Timetable: areas of the United States. RIN: 0579–AC82 Action Date FR Cite Timetable: 35. CITRUS GREENING AND ASIAN Interim Final Rule 07/00/09 Action Date FR Cite Interim Final Rule 09/00/09 CITRUS PSYLLID; QUARANTINE AND Interim Final Rule 09/00/09 INTERSTATE MOVEMENT Comment Period End Interim Final Rule 11/00/09 REGULATIONS Comment Period Legal Authority: 7 USC 7701 to 7772; Regulatory Flexibility Analysis End Required: 7 USC 7781 to 7786; 21 USC 136 and Yes Regulatory Flexibility Analysis 136a Agency Contact: Stephen Poe, Senior Required: Yes Abstract: This rulemaking will Staff Officer, Emergency and Domestic Agency Contact: Lynn Evans–Goldner, establish regulations that designate the Programs, PPQ, Department of Department of Agriculture, Animal and State of Florida and one parish in Agriculture, Animal and Plant Health Plant Health Inspection Service, 4700 Louisiana as quarantined areas for Inspection Service, 4700 River Road, River Road, Unit 137, Riverdale, MD citrus greening, and Alabama, Florida, Unit 137, Riverdale, MD 20737–1231 20737–1231 Guam, Hawaii, Puerto Rico, Louisiana, Phone: 301 734–4387 Phone: 301 734–7228 Mississippi, Texas, 3 counties in South Carolina, and portions of 2 counties in RIN: 0579–AC85 RIN: 0579–AC86
Department of Agriculture (USDA) Long-Term Actions Animal and Plant Health Inspection Service (APHIS)
37. PLANT PEST REGULATIONS; Action Date FR Cite should an occurrence of that disease UPDATE OF CURRENT PROVISIONS occur in this country, so that eligible (SECTION 610 REVIEW) Withdrawal and To Be Determined claimants will be fully compensated Reproposal Legal Authority: 7 USC 450; 7 USC while at the same time protecting the Regulatory Flexibility Analysis 7711 to 7772; 7 USC 7781 to 7786; 7 U.S. livestock population from the Required: Undetermined USC 8301 to 8317; 21 USC 136 and further spread of this highly contagious 136a; 31 USC 9701 Agency Contact: Robert Flanders disease. Phone: 301 734–5930 Timetable: Abstract: APHIS plans to amend its plant pest regulations to align them RIN: 0579–AA80 Action Date FR Cite more closely with the Plant Protection NPRM 05/01/02 67 FR 21934 Act and to update them in response 38. FOOT–AND–MOUTH DISEASE; NPRM Comment 06/28/02 67 FR 43566 to advances in science and technology PAYMENT OF INDEMNITY Period Extended and our accumulated experiences in Legal Authority: NPRM Comment 07/01/02 implementing the regulations. 7 USC 8301 to 8317 Period End Timetable: Abstract: This rule would amend the NPRM Comment 07/31/02 regulations for the cooperative control Period End Action Date FR Cite and eradication of foot-and-mouth Next Action Undetermined ANPRM 09/27/96 61 FR 50767 disease (FMD) and other serious Regulatory Flexibility Analysis ANPRM Comment 12/26/96 diseases, including both cooperative Required: Yes Period End programs and extraordinary Agency Contact: NPRM 10/09/01 66 FR 51340 emergencies. The purpose of this rule Mark Teachman NPRM Comment 02/06/02 is to remove possible sources of delay Phone: 301 734–8073 Period End in eradicating foot-and-mouth disease, RIN: 0579–AB34
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USDA—APHIS Long-Term Actions
39. TUBERCULOSIS IN CATTLE; Action Date FR Cite while allowing for variations in IMPORT REQUIREMENTS (SECTION climatic and environmental conditions 610 REVIEW) NPRM Comment 07/31/08 73 FR 44671 that are suitable for individual animals. Period Reopened Legal Authority: 7 USC 1622; 7 USC NPRM Comment 09/02/08 Timetable: 8301 to 8317; 21 USC 136 and 136a; Period Extended Action Date FR Cite 31 USC 9701 Next Action Undetermined NPRM 01/03/08 73 FR 413 Abstract: This rulemaking would Regulatory Flexibility Analysis amend the regulations regarding the Required: NPRM Comment 03/03/08 Yes Period End importation of animals into the United Agency Contact: Barbara Kohn NPRM Comment 03/18/08 73 FR 14403 States to establish several levels of risk Phone: 301 734–7833 Period Reopened classifications to be applied to foreign RIN: 0579–AC14 NPRM Comment 04/17/08 regions with regard to tuberculosis and Period End to establish requirements governing the Next Action Undetermined importation of cattle and captive bison 41. ANIMAL WELFARE; CLIMATIC based on each risk classification. These AND ENVIRONMENTAL CONDITIONS Regulatory Flexibility Analysis changes are necessary to help ensure FOR TRANSPORTATION OF Required: Yes that cattle and captive bison infected WARMBLOODED ANIMALS OTHER Agency Contact: Tracy L. Bowman with tuberculosis are not imported into THAN MARINE MAMMALS Phone: 301 734–6328 the United States. Legal Authority: 7 USC 2131 to 2159 RIN: 0579–AC41 Timetable: Abstract: This rulemaking would Action Date FR Cite amend the Animal Welfare Act 42. IMPORTATION OF CATTLE FROM regulations regarding transportation of NPRM To Be Determined MEXICO; ADDITION OF PORT AT SAN live animals other than marine LUIS, ARIZONA Regulatory Flexibility Analysis mammals by removing the current Required: Yes ambient temperature requirements for Legal Authority: 7 USC 1622; 7 USC Agency Contact: Kelly Rhodes various stages in the transportation of 8301 to 8317; 21 USC 136 and 136a; Phone: 301 734–4356 those animals. The action would 31 USC 9701 replace those requirements with a RIN: 0579–AB44 Abstract: This rulemaking will amend single performance standard under the regulations regarding the which the animals would be 40. MINIMUM AGE REQUIREMENTS transported under climatic and importation of cattle from Mexico by FOR THE TRANSPORT OF ANIMALS environmental conditions that are adding San Luis, AZ, as a port through which cattle that have been infested Legal Authority: 7 USC 2131 to 2159 appropriate for their welfare. The regulations currently require that with fever ticks or exposed to fever Abstract: This rulemaking would ambient temperatures be maintained ticks or tick-borne diseases may be amend the Animal Welfare Act within certain ranges during imported into the United States. A new regulations by adding minimum age transportation, but animals may be facility for the handling of animals is and weaning requirements for the transported at ambient temperatures to be constructed on the Mexican side transport in commerce of animals. The below the minimum temperatures if of the border at the port of San Luis, regulations currently contain such their consignor provides a certificate AZ, that will be equipped with requirements for dogs and cats, but no signed by a veterinarian certifying that facilities necessary for the proper chute corresponding ones for other regulated the animals are acclimated to inspection, dipping, and testing that are animals, despite the risks associated temperatures lower than the minimum required for such cattle under the with the early transport of these temperature. This proposal would make regulations. The rule will also amend species. The rule would also provide acclimation certificates for live animals the regulations to remove provisions an exemption to allow animals to be other than marine mammals that limit the admission of cattle that transported without their mothers for unnecessary. This rule would replace have been infested with fever ticks or medical treatment and for scientific a previously published proposed rule, exposed to fever ticks or tick-borne research before reaching the minimum which we are withdrawing as part of diseases to the State of Texas. The age and weaning requirement, provided this document, that would have statutory requirement that limited the certain conditions are met. Establishing required that the acclimation certificate admission of those cattle to the State minimum age requirements for the for a dog or cat be signed by the owner of Texas has been repealed. These transport of animals and providing for of the dog or cat being transported changes make an additional port of the transport of animals that have not rather than by a veterinarian. This entry available and relieve restrictions met the minimum age requirements are rulemaking does not address marine on the movement of imported Mexican necessary to help ensure the humane mammals due to their unique cattle within the United States. treatment of these animals. requirements for care and handling. We Timetable: Timetable: believe that establishing a single performance standard would ensure Action Date FR Cite Action Date FR Cite that warmblooded animals other than NPRM 01/29/08 73 FR 5132 NPRM 05/09/08 73 FR 26344 marine mammals are transported in NPRM Comment 03/31/08 NPRM Comment 07/08/08 climatic and environmental conditions Period End Period End that are not detrimental to their welfare Final Rule 01/02/09 74 FR 1
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Action Date FR Cite responsibilities and help ensure a bovine tuberculosis eradication efforts. timely and appropriate response should The proposed changes include, but are Final Rule Effective; 01/02/09 an emergency or disaster occur. not limited to, tightening certain but the Amendment tuberculosis surveillance and reporting to 93.427(b)(2) Timetable: requirements; strengthening the Effective Date Is Action Date FR Cite Delayed Indefinitely quarantine and quarantine-release Next Action Undetermined NPRM 10/23/08 73 FR 63085 requirements; setting minimum testing NPRM Comment 12/22/08 ages, depending upon the status of the Regulatory Flexibility Analysis Period End State or zone of origin and/or the Required: Yes NPRM Comment 12/19/08 73 FR 77554 purpose of movement, when testing is Agency Contact: Betzaida Lopez Period Extended required for interstate movement of Phone: 301 734–8364 NPRM Comment 02/20/09 cattle and bison; adding new Period End RIN: 0579–AC63 requirements to prevent the spread of Final Rule To Be Determined tuberculosis from wildlife to cattle and Regulatory Flexibility Analysis bison; adding new requirements for 43. HANDLING OF ANIMALS; Required: Yes interstate movement of dairy cattle; CONTINGENCY PLANS strengthening the requirements for Agency Contact: Jodie Kulpa–Eddy individual cattle and bison that are to Legal Authority: 7 USC 2131 to 2159 Phone: 301 734–7833 be added to accredited herds; and Abstract: This rulemaking would RIN: 0579–AC69 providing for the interstate movement amend the Animal Welfare Act of commuter herds. Finally, we would regulations to add requirements for 44. BOVINE TUBERCULOSIS reorganize 9 CFR part 77 to make the contingency planning and training of regulations clearer and easier to use. personnel by research facilities and by Legal Authority: 7 USC 8301 to 8317 Timetable: dealers, exhibitors, intermediate Abstract: This rulemaking would handlers, and carriers. We are amend the bovine tuberculosis Action Date FR Cite proposing these requirements because regulations by removing from NPRM To Be Determined we believe all licensees and registrants incorporation by reference the Bovine should develop a contingency plan for Tuberculosis Eradication Uniform Regulatory Flexibility Analysis all animals regulated under the Animal Methods and Rules, 1999, and Required: Yes Welfare Act in an effort to better including in 9 CFR part 77 all Federal prepare for potential disasters. This Agency Contact: Charles W. Hench requirements. We are also proposing a Phone: 970 494–7378 action would heighten the awareness of number of substantive changes to the licensees and registrants regarding their requirements in order to enhance our RIN: 0579–AC73
Department of Agriculture (USDA) Completed Actions Animal and Plant Health Inspection Service (APHIS)
45. INTERSTATE MOVEMENT OF requirements. The standards and other 46. CITRUS CANKER; INTERSTATE SHEEP AND GOATS; APPROVED conditions will be based, in part, on MOVEMENT OF REGULATED LIVESTOCK FACILITIES, recently implemented regulations NURSERY STOCK FROM IDENTIFICATION, AND relating to the interstate movement of QUARANTINED AREAS RECORDKEEPING REQUIREMENTS sheep and goats in order to control the Legal Authority: 7 USC 7701 to 7772; Legal Authority: 7 USC 8301 to 8317 spread of scrapie, a serious disease of 7 USC 7781 to 7786 Abstract: This rulemaking will amend sheep and goats. This rule will provide Abstract: This rulemaking will amend the regulations regarding the interstate for the establishment of standards for the citrus canker quarantine regulations movement of animals to require the approval of livestock facilities that to explicitly prohibit, with limited livestock facilities that handle sheep or handle sheep or goats in interstate exceptions, the interstate movement of goats in interstate commerce to be commerce. regulated nursery stock from a approved by APHIS. These will include quarantined area and remove Completed: stockyards, livestock markets, buying calamondin plants from a protocol stations, concentration points, or any Reason Date FR Cite allowing the limited interstate other premises where sheep or goats in movement of calamondin and kumquat interstate commerce are assembled. Final Action 04/01/09 74 FR 14703 plants. We decided to provide for the APHIS’ approval will be contingent on Final Action Effective 05/01/09 interstate movement of calamondin and the facility operator meeting certain Regulatory Flexibility Analysis kumquat plants based on their apparent minimum standards and other resistance to citrus canker. However, Required: Yes conditions relating to the receipt, we have since discovered calamondin handling, and release of sheep and Agency Contact: Diane Sutton plants affected with citrus canker. This goats at the facility, as well as Phone: 301 734–6954 action is necessary to clarify our complying with certain animal regulations and to address the risk identification and recordkeeping RIN: 0579–AB84 associated with the interstate
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USDA—APHIS Completed Actions
movement of regulated nursery stock Reason Date FR Cite pest-free areas in Hawaii and U.S. from areas quarantined for citrus territories expeditiously, and remove canker. Final Rule Effective 04/29/09 the listing in the regulations of some Correction 04/21/09 74 FR 18115 Completed: specific commodities as regulated Regulatory Flexibility Analysis articles. These changes are intended to Reason Date FR Cite Required: Yes simplify and expedite our processes for Final Rule 04/09/09 74 FR 16097 Agency Contact: Inez Hockaday approving certain regulated articles for Final Rule Effective 05/11/09 Phone: 301 734–7517 interstate movement and Regulatory Flexibility Analysis acknowledging pest-free areas while Required: Yes Kris Caraher continuing to allow for public Phone: 301 734–5901 participation in the processes. This Agency Contact: Stephen Poe final rule does not allow for the Phone: 301 734–4387 RIN: 0579–AC59 interstate movement of any specific RIN: 0579–AC38 new fruits or vegetables, nor does it 48. REVISION OF REGULATIONS FOR alter the conditions for interstate 47. IMPORT/EXPORT USER FEES THE MOVEMENT OF FRUITS AND movement of currently approved fruits VEGETABLES FROM HAWAII AND or vegetables. These changes will make Legal Authority: 5 USC 5542; 7 USC U.S. TERRITORIES INTO THE our domestic interstate movement 1622; 7 USC 8301 to 8317; 21 USC 136 CONTINENTAL UNITED STATES regulations more consistent with our and 136a; 31 USC 3701; 31 USC 3716 fruits and vegetables import and 3717; 31 USC 3719; 31 USC 3720A Legal Authority: 7 USC 7701 to 7772; regulations. The changes in this final Abstract: This rulemaking would 7 USC 7781 to 7786; 21 USC 136 and rule will not alter the manner in which amend the regulations concerning user 136a the risk associated with a regulated fees for import- and export-related Abstract: This rulemaking will revise article interstate movement request is services that we provide for animals, and reorganize the regulations evaluated, nor will they alter the animal products, birds, germplasm, pertaining to the interstate movement manner in which those risks are organisms, and vectors. We are of fruits and vegetables from Hawaii ultimately mitigated. proposing increases in those fees for and the territories to consolidate Completed: fiscal years 2009 through 2013 in order requirements of general applicability to ensure that the fees accurately reflect and eliminate redundant requirements, Reason Date FR Cite the anticipated costs of providing these update terms and remove outdated Final Action 01/16/09 74 FR 2770 services each year. By publishing the requirements and references, and make Final Action Effective 02/17/09 annual user fee changes in advance, various editorial and nonsubstantive Technical Amendment 04/07/09 74 FR 15640 users can incorporate the fees into their changes to the regulations to make budget planning. The user fees pay for them easier to use. It will also make Regulatory Flexibility Analysis the actual cost of providing these substantive changes to the regulations Required: Yes services. including establishing criteria within Agency Contact: David B. Lamb the regulations that, if met, will allow Completed: Phone: 301 734–8758 us to approve certain new fruits and Reason Date FR Cite vegetables for interstate movement in RIN: 0579–AC70 Final Rule 03/30/09 74 FR 13999 the United States and to acknowledge BILLING CODE 3410—34—S
Department of Agriculture (USDA) Final Rule Stage Rural Housing Service (RHS)
49. GUARANTEED SINGLE–FAMILY provide more guidance on program Agency Contact: Joaquin Tremols, HOUSING oversight and monitoring. Acting Director, Single–Family Housing Timetable: Guaranteed Loan Division, Department Legal Authority: 5 USC 301; 7 USC of Agriculture, Rural Housing Service, 1989; 42 USC 1480 Action Date FR Cite 1400 Independence Avenue SW, Washington, DC 20250 Abstract: The Guaranteed Single- NPRM 12/15/99 64 FR 70124 Phone: 202 720–1465 Family Housing program will provide NPRM Comment 02/14/00 Fax: 202 205–2476 better clarity and consistency within Period End Email: [email protected] the program. The action is taken to Final Action 12/00/09 update the regulations to current Regulatory Flexibility Analysis RIN: 0575–AC18 mortgage industry standards and Required: Yes BILLING CODE 3410—XV—S
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Department of Agriculture (USDA) Proposed Rule Stage Food Safety and Inspection Service (FSIS)
50. FEDERAL–STATE INTERSTATE establishments would receive 18 months from the date of its SHIPMENT COOPERATIVE inspection services from State enactment INSPECTION PROGRAM inspection personnel that have been Timetable: Legal Authority: PL 110–246 (section trained and certified to assist with Action Date FR Cite 11015) enforcement of the FMIA and PPIA. Abstract: FSIS is proposing regulations Meat and poultry products produced NPRM 05/00/09 to implement a new voluntary Federal- under the program that have been Regulatory Flexibility Analysis inspected and passed by selected State- State cooperative inspection program Required: Yes under which State-inspected inspection personnel would bear a Agency Contact: Rachel Edelstein, establishments with 25 or fewer Federal mark of inspection. FSIS is employees would be eligible to ship proposing these regulations in response Director, Policy Issuances Division, meat and poultry products in interstate to the Food, Conservation, and Energy Department of Agriculture, Food Safety commerce. State-inspected Act, enacted on June 18, 2008 (the 2008 and Inspection Service, 1400 establishments selected to participate in Farm Bill). Section 11015 of 2008 Farm Independence Avenue SW, this program would be required to Bill provides for the interstate shipment Washington, DC 20250 comply with all Federal standards of State-inspected meat and poultry Phone: 202 720–5627 under the Federal Meat Inspection Act product from selected establishments Fax: 202 690–0486 (FMIA) and the Poultry Products and requires that FSIS promulgate Email: [email protected] Inspection Act (PPIA). These implementing regulations no later than RIN: 0583–AD37
Department of Agriculture (USDA) Final Rule Stage Food Safety and Inspection Service (FSIS)
51. PERFORMANCE STANDARDS FOR standards give establishments the Action Date FR Cite THE PRODUCTION OF PROCESSED incentive and flexibility to adopt MEAT AND POULTRY PRODUCTS; innovative, science-based food safety NPRM Comment 03/24/05 70 FR 15017 CONTROL OF LISTERIA processing procedures and controls, Period Reopened MONOCYTOGENES IN while providing objective, measurable NPRM Comment 05/09/05 READY–TO–EAT MEAT AND standards that can be verified by Period End POULTRY PRODUCTS Agency inspectional oversight. This set Final Action 09/00/09 of performance standards will include Affirmation of Interim 03/00/10 Legal Authority: 21 USC 451 et seq; and be consistent with standards Final Rule 21 USC 601 et seq already in place for certain ready-to-eat Regulatory Flexibility Analysis meat and poultry products. Abstract: FSIS has proposed to Required: Yes establish pathogen reduction Timetable: performance standards for all ready-to- Action Date FR Cite Agency Contact: Dr. Daniel L. eat (RTE) and partially heat-treated Engeljohn, Deputy Assistant meat and poultry products, and NPRM 02/27/01 66 FR 12590 Administrator, Office of Policy and measures, including testing, to control NPRM Comment 05/29/01 Program Development, Department of Period End Listeria monocytogenes in RTE Agriculture, Food Safety and Inspection products. The performance standards NPRM Comment 07/03/01 66 FR 35112 Period Extended Service, 1400 Independence Avenue spell out the objective level of pathogen NPRM Comment 09/10/01 SW, Washington, DC 20250 reduction that establishments must Period End Phone: 202 205–0495 meet during their operations in order Interim Final Rule 06/06/03 68 FR 34208 Fax: 202 401–1760 to produce safe products but allow the Interim Final Rule 10/06/03 Email: [email protected] use of customized, plant-specific Effective processing procedures other than those Interim Final Rule 01/31/05 RIN: 0583–AC46 prescribed in the earlier regulations. Comment Period BILLING CODE 3410—DM—S With HACCP, food safety performance End
Department of Agriculture (USDA) Final Rule Stage Forest Service (FS)
52. SPECIAL AREAS; Abstract: On April 11, 2007, Governor State, for the management of STATE–SPECIFIC INVENTORIED of Colorado Ritter submitted a petition inventoried roadless areas within the ROADLESS AREA MANAGEMENT: under the provisions of the State of Colorado. After review and COLORADO Administrative Procedure Act (5 U.S.C. recommendation by the Roadless Area 553(e)) and Agriculture Department Conservation National Advisory Legal Authority: Not Yet Determined regulation (7 CFR 1.28) to promulgate Committee, the Secretary accepted the regulations, in cooperation with the Governor’s petition and initiated a
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USDA—FS Final Rule Stage
proposed rulemaking for inventoried roadless areas, with some exceptions, Regulatory Flexibility Analysis roadless areas in Colorado. The on the Arapaho-Roosevelt, Grand Mesa- Required: Yes proposed rulemaking would manage Uncompahgre, Gunnison, Manti-La Sal, Colorado’s inventoried roadless areas Pike-San Isabel, Rio Grande, Routt, San Agency Contact: Lorrie Parker, by prohibiting road building and tree Juan, and White River National Forests Regulatory Analyst, Department of cutting, with some exceptions, on 4.1 in Colorado. Exceptions to the Agriculture, Forest Service, ATTN: million acres of inventoried roadless prohibitions would be allowed for ORMS, D&R Branch, 1400 areas in Colorado. The 4.1 million acres certain health, safety, valid existing Independence Avenue SW, reflect the most updated IRA rights, resource protection, and Washington, DC 20250–0003 boundaries for Colorado, which ecological management needs. Phone: 202 205–6560 incorporate planning rule revisions Web site: http://roadless.fs.fed.us Fax: 202 205–6539 since 2001 on several Colorado national Email: [email protected] forests. Inventoried roadless areas that Timetable: are allocated to ski area special uses RIN: 0596–AC74 Action Date FR Cite (approximately 10,000 acres) would BILLING CODE 3410—11—S also be removed from roadless NPRM 07/25/08 73 FR 43544 designation. Road construction and NPRM Comment 10/23/08 reconstruction plus timber harvesting Period End would be prohibited in inventoried Final Action 10/00/09
Department of Agriculture (USDA) Proposed Rule Stage Office of the Secretary (AgSEC)
53. VOLUNTARY LABELING Departmental Administration, lubricants; and thermal shipping PROGRAM FOR DESIGNATED Department of Agriculture, 342 containers, including durable and non- BIOBASED PRODUCTS Reporters Building, 300 7th St. SW, durable thermal shipping containers as Legal Authority: PL 110–246 Washington, DC 20250 subcategories. Phone: 202 205–4008 Abstract: The purpose of the program Fax: 202 720–8972 Timetable: is to provide a ‘‘USDA Certified Email: [email protected] Biobased Product’’ label for use on Action Date FR Cite RIN: 0503–AA35 biobased products meeting certain NPRM 09/00/09 criteria to be established in the proposed rule, to specify those criteria 54. DESIGNATION OF BIOBASED Regulatory Flexibility Analysis for gaining use of the label, establish ITEMS FOR FEDERAL Required: Yes a system to make the label available PROCUREMENT, ROUND 7 to manufacturers and vendors of Agency Contact: Ron Buckhalt, Legal Authority: PL 110–246 biobased products, and to establish the Manager, Biopreferred Program, labeling program. Abstract: Designates bath products; Departmental Administration, concrete and asphalt cleaners, Department of Agriculture, 342 Timetable: including microbial and non-microbial Reporters Building, 300 7th St. SW, Action Date FR Cite concrete and asphalt cleaners as Washington, DC 20250 NPRM 07/00/09 subcategories; corrosion removers; Phone: 202 205–4008 dishwashing detergents; floor cleaners Fax: 202 720–8972 Regulatory Flexibility Analysis and protectors; hair cleaning products, Email: [email protected] Required: Yes including shampoos and conditioners Agency Contact: Ron Buckhalt, as subcategories; microbial cleaners; RIN: 0503–AA36 Manager, Biopreferred Program, oven and grill cleaners; slide way BILLING CODE 3410—90—S
Department of Agriculture (USDA) Proposed Rule Stage Rural Business—Cooperative Service (RBS)
55. RENEWABLE ENERGY—CLARIFY Abstract: The Rural Business- assistance to any single entity may be REQUIREMENTS FOR Cooperative Service (Agency) is provided as a direct loan, guaranteed CONSTRUCTION/DEVELOPMENT OF amending its regulation for clarity. This loan or grant, or a combination of a ENERGY PROGRAM PROJECTS regulation provides financial assistance loan and grant. The current regulations (RULEMAKING RESULTING FROM A to agricultural producers and rural were implemented in July of 2005. In SECTION 610 REVIEW) small businesses for the purpose of reviewing the program, it has become purchasing and installing renewable evident that some of the language in Legal Authority: 5 USC 301; 7 USC energy systems and energy efficiency the existing regulation was 1989; 42 USC 1480 improvements in rural areas. Financial misinterpreted by field offices and
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USDA—RBS Proposed Rule Stage
applicants. With a relatively new Action Date FR Cite STOP 0761, 1400 Independence program like this, it takes some time Avenue SW, Washington, DC 20250 to get applications completed and the NPRM Comment 08/00/09 Phone: 202 720–8547 Period End program reviewed before one realizes Fax: 202 690–4335 the need for corrections to Instruction Regulatory Flexibility Analysis Email: [email protected] language. Required: No Timetable: RIN: 0570–AA69 Agency Contact: Larry Fleming, Senior [FR Doc. E9–10266 Filed 05–08–09; 8:45 am] Action Date FR Cite Architect, Department of Agriculture, BILLING CODE 3410–XY–S NPRM 06/00/09
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Part IV
Department of Commerce Semiannual Regulatory Agenda
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DEPARTMENT OF COMMERCE (DOC)
DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: Executive units, such as the National Oceanic and Order 12866 requires agencies to Atmospheric Administration (NOAA), Office of the Secretary publish an agenda of those regulations the Bureau of Industry and Security, that are under consideration pursuant to and the Patent and Trademark Office 13 CFR Ch. III this order. By memorandum of January issue the greatest share of the 8, 2009, the Office of Management and Department’s regulations. 15 CFR Subtitle A; Subtitle B, Chs. I, Budget issued guidelines and A large number of regulatory actions II, III, VII, VIII, IX, and XI procedures for the preparation and reported in the agenda deal with fishery publication of the spring 2009 Unified management programs of NOAA’s 19 CFR Ch. III Agenda of Federal Regulatory and National Marine Fisheries Service Deregulatory Actions. The Regulatory (NMFS). To avoid repetition of 37 CFR Chs. I, IV, and V Flexibility Act, 5 U.S.C. 601 et seq., programs and definitions, as well as to requires agencies to publish, in the provide some understanding of the 48 CFR Ch. 13 spring and fall of each year, a regulatory technical and institutional elements of flexibility agenda that contains a brief the NMFS programs, an ‘‘Explanation of 50 CFR Chs. II, III, IV, and VI description of the subject of any rule Information Contained in NMFS likely to have a significant economic Regulatory Entries’’ is provided below. Spring 2009 Semiannual Agenda of impact on a substantial number of small Regulations entities. The agenda also identifies those Explanation of Information Contained AGENCY: Office of the Secretary, entries that have been selected for in NMFS Regulatory Entries periodic review under section 610 of the Commerce. The Magnuson-Stevens Fishery Regulatory Flexibility Act. ACTION: Semiannual regulatory agenda. Conservation and Management Act (16 In addition, beginning with the fall U.S.C. 1801 et seq.) (Act) governs the 2007 edition, the Internet became the management of fisheries within the SUMMARY: In compliance with Executive basic means for disseminating the Exclusive Economic Zone (EEZ). The Order 12866, entitled ‘‘Regulatory Unified Agenda. The complete Unified EEZ refers to those waters from the Planning and Review,’’ and the Agenda will be available online at outer edge of the State boundaries, Regulatory Flexibility Act, as amended, www.reginfo.gov, in a format that offers generally 3 nautical miles, to a distance the Department of Commerce users a greatly enhanced ability to of 200 nautical miles. Fishery (Department), in the spring and fall of obtain information from the Agenda Management Plans (FMPs) are to be each year, publishes in the Federal database. prepared for fisheries that require Register an agenda of regulations under Because publication in the Federal conservation and management development or review over the next 12 Register is mandated for the regulatory measures. Regulations implementing months. Rulemaking actions are flexibility agendas required by the these FMPs regulate domestic fishing grouped according to prerulemaking, Regulatory Flexibility Act (5 U.S.C. and foreign fishing where permitted. proposed rules, final rules, long-term 602), the Department of Commerce’s Foreign fishing may be conducted in a actions, and rulemaking actions printed agenda entries include only: fishery in which there is no FMP only completed since the fall 2008 agenda. if a preliminary fishery management (1) Rules that are in the Agency’s The purpose of the agenda is to provide plan has been issued to govern that regulatory flexibility agenda, in information to the public on regulations foreign fishing. Under the Act, eight accordance with the Regulatory currently under review, being proposed, Regional Fishery Management Councils Flexibility Act, because they are likely or issued by the Department. The (Councils) prepare FMPs or to have a significant economic impact agenda is intended to facilitate amendments to FMPs for fisheries on a substantial number of small comments and views by interested within their respective areas. In the entities; and members of the public. development of such plans or The Department’s spring 2009 (2) Rules that the Agency has amendments and their implementing regulatory agenda includes regulatory identified for periodic review under regulations, the Councils are required by activities that are expected to be section 610 of the Regulatory Flexibility law to conduct public hearings on the conducted during the period April 1, Act. draft plans and to consider the use of 2009, through March 31, 2010. Printing of these entries is limited to alternative means of regulating. fields that contain information required FOR FURTHER INFORMATION CONTACT: The Council process for developing by the Regulatory Flexibility Act’s FMPs and amendments makes it Specific: For additional information Agenda requirements. Additional difficult for NMFS to determine the about specific regulatory actions listed information on these entries is available significance and timing of some in the agenda, contact the individual in the Unified Agenda published on the regulatory actions under consideration identified as the contact person. Internet. In addition, for fall editions of by the Councils at the time the General: Comments or inquiries of a the Agenda, the entireRegulatory Plan semiannual regulatory agenda is general nature about the agenda should will continue to be printed in the published. be directed to Jennifer K. Nist, Chief Federal Register, as in past years, The Department’s spring 2009 Counsel for Regulations, Office of the including the Department of regulatory agenda follows. Assistant General Counsel for Commerce’s Regulatory Plan. Legislation and Regulation, U.S. Within the Department, the Office of Michael A. Levitt, Department of Commerce, Washington, the Secretary and various operating Assistant General Counsel for Legislation and DC 20230; telephone: 202-482-3151. units may issue regulations. Operating Regulation.
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DOC
International Trade Administration—Long-Term Actions
Regulation Sequence Title Identifier Number Number
56 Commercial Availability of Fabric and Yarn ...... 0625–AA59
National Oceanic and Atmospheric Administration—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
57 Maximize Retention and Monitoring Program in the Shore-Based Pacific Whiting Fishery ...... 0648–AR63 58 Amendment 1 to the Fishery Management Plan for the Tilefish Fishery ...... 0648–AS25 59 Atlantic Highly Migratory Species (HMS); Reducing Sea Turtle Takes ...... 0648–AS49 60 Fishery Management Plan for Regulating Offshore Marine Aquaculture in the Gulf of Mexico ...... 0648–AS65 61 American Lobster Fishery; Fishing Effort Control Measures to Complement Interstate Lobster Management Rec- ommendations by the Atlantic States Marine Fisheries Commission ...... 0648–AT31 62 Amendment 10 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan ...... 0648–AT58 63 South Atlantic Fishery Ecosystem Plan Comprehensive Amendment ...... 0648–AV31 64 Certification of Nations Whose Fishing Vessels Are Engaged in IUU Fishing or Bycatch of Protected Living Marine Resources ...... 0648–AV51 65 Collection and Use of Tax Identification Numbers From Holders of and Applicants for National Marine Fisheries Service Permits ...... 0648–AV76 66 Amendment 17 to the South Atlantic Fishery Management Council Snapper Grouper Fishery Management Plan. .. 0648–AW11 67 Amendment 15B to the South Atlantic Fishery Management Council Snapper Grouper Fishery Management Plan 0648–AW12 68 Amendment 2 to the Fishery Management Plan for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands ...... 0648–AW15 69 Amendment 7 to the South Atlantic Shrimp Fishery Management Plan ...... 0648–AW19 70 Marine Mammal Protection Act Stranding Regulation Revisions ...... 0648–AW22 71 Revise Regulations Governing the North Pacific Groundfish Observer Program ...... 0648–AW24 72 Amendment 3 to the Northeast Skate Complex Fishery Management Plan ...... 0648–AW30 73 Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; Amendment 18 to the Pelagics Fishery Man- agement Plan; Shallow-Set Longline Swordfish Fishery ...... 0648–AW49 74 Fisheries in the Western Pacific; Compensation to Northwestern Hawaiian Islands Bottomfish and Lobster Fisher- men Due to Fishery Closure in the Papahanaumokuakea Marine National Monument ...... 0648–AW52 75 Atlantic Highly Migratory Species; Atlantic Shark Management Measures ...... 0648–AW65 76 Amendment 4 to the Atlantic Herring Fishery Management Plan ...... 0648–AW75 77 Halibut Charter Vessel Moratorium ...... 0648–AW92 78 Allowable Modifications to the Turtle Excluder Device (TED) Requirements ...... 0648–AW93 79 Regulatory Amendment (No. 3) to Correct and Clarify Amendment 13 and Subsequent Frameworks of the North- east Multispecies Fishery Management Plan ...... 0648–AW95 80 Amendment 11 to the Atlantic Mackerel, Squid, Butterfish Fishery Management Plan ...... 0648–AX05 81 Atlantic Highly Migratory Species; 2009 North and South Atlantic Commercial Quotas ...... 0648–AX07 82 Amendment 29 to the Fishery Management Plan for Reef Fish Resources of the Gulf of Mexico ...... 0648–AX39 83 Amendment 85 to the Fishery Management Plan for Groundfish of the Gulf of Alaska ...... 0648–AX42 84 Amendment 30 to the Fishery Management Plan for Bering Sea and Aleutian Islands King and Tanner Crabs Ar- bitration Regulations ...... 0648–AX47 85 U.S. Citizen Definition ...... 0648–AX52 86 2009 Specifications and Management Measures for the Spiny Dogfish Fishery Management Plan ...... 0648–AX57 87 Reef Fish Amendment 31 To Reduce the Number of Loggerhead Sea Turtles by the Eastern Gulf of Mexico Bot- tom Longline Fishery ...... 0648–AX67 88 2009 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures ...... 0648–AX69 89 Reef Fish Amendment 30B to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico: Measure to Establish the Edges Seasonal-Area Closure ...... 0648–AX73 90 Protective Regulations for Killer Whales in the Northwest Region Under the Endangered Species Act and Marine Mammal Protection Act ...... 0648–AV15 91 Marine Mammal Protection Act Permit Regulation Revisions ...... 0648–AV82 92 Rulemaking To Establish Take Prohibitions for the Threatened Southern Distinct Population Segment of North American Green Sturgeon ...... 0648–AV94 93 Harbor Porpoise Take Reduction Plan Measures ...... 0648–AW51 94 Rule to Revise Leatherback Critical Habitat ...... 0648–AX06
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National Oceanic and Atmospheric Administration—Final Rule Stage
Regulation Sequence Title Identifier Number Number
95 Revisions to the Scientific Research Activity, Exempted Fishing, and Exempted Educational Activity Regulations .. 0648–AR78 96 Fisheries in the Western Pacific; Pelagic Fisheries; Squid Jig Fisheries ...... 0648–AS71 97 Modifying Maximum Retainable Amounts (MRAs) for Selected Groundfish Species Caught By the Non-American Fishing Act Trawl Catcher Processor Sector ...... 0648–AV32 98 Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA) Environmental Review Procedure ...... 0648–AV53 99 American Lobster Data Collection and Broodstock Protection Measures ...... 0648–AV77 100 Establish a Permit Fee Collection Framework Under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) ...... 0648–AW50 101 Amendment 16 to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region .... 0648–AW64 102 Amendment 27 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs ...... 0648–AW73 103 Amendment 28 to the Fishery Management Plan for Bering Sea and Aleutian Islands King and Tanner Crab ...... 0648–AW97 104 Atlantic Highly Migratory Species (HMS); 2009 Atlantic Bluefin Tuna Quota Specifications and Management Measures ...... 0648–AX12 105 Amendment 92 to the Fishery Management Plan for Bering Sea/Aleutian Islands Groundfish and Amendment 82 to the Fishery Management Plan for Gulf of Alaska Groundfish ...... 0648–AX14 106 One-Fish Daily Bag Limit for the Guided Sport Charter Vessel Fishery for Halibut in Regulatory Area 2C ...... 0648–AX17 107 Amendment 90 to the Fishery Management Plan for Bering Sea/Aleutian Islands Groundfish and Amendment 78 to the Fishery Management Plan for Gulf of Alaska Groundfish ...... 0648–AX25 108 2009 Atlantic Bluefish Specifications ...... 0648–AX49 109 Provide Regulations for Permits for Capture, Transport, Import, and Export of Protected Species for Public Dis- play, and for Maintaining a Captive Marine Mammal Inventory ...... 0648–AH26 110 Atlantic Pelagic Longline Take Reduction Plan ...... 0648–AV65 111 Designation of Critical Habitat for the Endangered U.S. Distinct Population Segment (DPS) of Guided Smalltooth Sawfish ...... 0648–AV74 112 Rulemaking to Designate Critical Habitat for the Gulf of Maine Distinct Population Segment of Atlantic Salmon ..... 0648–AW77 113 Rulemaking to Designate Critical Habitat for the Threatened Southern Distinct Population Segment of North American Green Sturgeon ...... 0648–AX04
National Oceanic and Atmospheric Administration—Completed Actions
Regulation Sequence Title Identifier Number Number
114 Require Mandatory Observer Coverage in the At-Sea Processing Sector of the Whiting Fishery ...... 0648–AK26 115 Bering Sea and Aleutian Islands Amendment 73 and Gulf of Alaska Amendment 77 Groundfish Fishery Manage- ment Plans to Revise Management Authority of Dark Rockfish ...... 0648–AU20 116 Amendment 14 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region .... 0648–AU28 117 Framework 4 to the Fishery Management Plan for Monkfish ...... 0648–AU34 118 Amendment 15 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan ...... 0648–AU36 119 Approval of Operations Plan for the Georges Bank Fixed Gear Sector for 2007-2008 ...... 0648–AU61 120 Restrictions for 2007 Purse Seine and Longline Fisheries in the Eastern Tropical Pacific Ocean ...... 0648–AU79 121 Revision to Allowable Bycatch Reduction Devices for the Gulf of Mexico Shrimp Fishery ...... 0648–AV14 122 Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; Management Measures for the Northern Mariana Islands ...... 0648–AV28 123 Guidance for Annual Catch Limits and Accountability Measures to End Overfishing ...... 0648–AV60 124 Rule to Implement a Minimum Possession Size Limit on Spiny Lobster (Panulirus argus) ...... 0648–AV61 125 General Provisions for Domestic Fisheries; Specifications for Boarding Ladders ...... 0648–AV78 126 Gulf Reef Fish Amendment 30B ...... 0648–AV80 127 Amendment 3 to the Fishery Management Plan for the Spiny Lobster Fishery of Puerto Rico and the U.S. Virgin Islands and Amendment 4 to the Reef Fish Fishery Management Plan of Puerto Rico and the U.S...... 0648–AV98 128 Amendment 15 to the Pacific Coast Groundfish Fishery Management Plan: Limited Entry Program for the Pacific Whiting Fishery ...... 0648–AW08 129 Revise Maximum Retainable Amounts (MRA) of Groundfish in the Gulf of Alaska Arrowtooth Flounder Fishery ..... 0648–AW40 130 Revisions to the Pollock Trip Limit Regulations in the Gulf of Alaska ...... 0648–AW54 131 Amendment to the Bottlenose Dolphin Take Reduction Plan ...... 0648–AW68 132 Referendum Procedures for a Potential Gulf of Mexico Grouper and Tilefish Individual Fishing Quota (IFQ) Program ...... 0648–AW85
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National Oceanic and Atmospheric Administration—Completed Actions (Continued)
Regulation Sequence Title Identifier Number Number
133 Interim Action to Reduce Fishing Mortality and Maintain Stock Rebuilding; Northeast Multispecies Fishery ...... 0648–AW87 134 Seabird Avoidance Requirements Revisions for Hook-and-Line Vessels in International Pacific Halibut Commission Regulatory Area 4E ...... 0648–AW94 135 Regulatory Amendment to Exempt Dinglebar Fishermen in the Gulf of Alaska from Vessel Monitoring System Requirements ...... 0648–AX01 136 2009 Atlantic Mackerel, Squid, and Butterfish Specifications and Management Measures ...... 0648–AX16 137 Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; Main Hawaiian Islands; 2008-09 Bottomfish Total Allowable Catch ...... 0648–AX22 138 Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; 2009-2010 Biennial Specifications and Management Measures ...... 0648–AX24 139 2009 Pacific Halibut Fisheries; Catch Sharing Plan ...... 0648–AX44 140 Virginia Modified Pound Net Leader Inspection Program ...... 0648–AU98 141 Endangered and Threatened Species; Designation of Critical Habitat for Elkhorn and Staghorn Corals ...... 0648–AV35
Patent and Trademark Office—Long-Term Actions
Regulation Sequence Title Identifier Number Number
142 Examination of Patent Applications That Include Claims Containing Alternative Language ...... 0651–AC00 143 Fiscal Year 2009 Revision of Request for Continued Examination, Eighteen-Month Publication, and Other Mis- cellaneous Cost-Recovery Patent Fees ...... 0651–AC29
Patent and Trademark Office—Completed Actions
Regulation Sequence Title Identifier Number Number
144 Fiscal Year 2009 Changes to Patent Cooperation Treaty Search Fees ...... 0651–AC28
Department of Commerce (DOC) Long-Term Actions International Trade Administration (ITA)
56. COMMERCIAL AVAILABILITY OF apparel articles that are both cut (or to apparel of such yarn or fabric. The FABRIC AND YARN knit-to-shape) and sewn or otherwise rule provides the procedure for assembled in one or more designated interested parties to submit a request Legal Authority: PL 106–200, sec beneficiary countries from yarn or alleging that a yarn or fabric cannot be 112(b)(5)(B); PL 106–200, sec 211; EO fabric that is not formed in the United supplied by the domestic industry in 13191; PL 107–210, sec 3103 States or a beneficiary country, commercial quantities in a timely Abstract: This rule implements certain provided it has been determined that manner, the procedure for public provisions of the Trade and such yarn or fabric cannot be supplied comments, and relevant factors that Development Act of 2000 (the Act). by the domestic industry in commercial will be considered in the Committee’s Title I of the Act (the African Growth quantities in a timely manner. The determination. The rule also outlines and Opportunity Act or AGOA), title President has delegated to the the factors to be considered by the II of the Act (the United States- Committee for the Implementation of Committee in extending quota- and Caribbean Basin Trade Partnership Act Textile Agreements (the Committee), duty-free treatment. or CBTPA), and title XXXI of the Trade which is chaired by Commerce, the Timetable: Act of 2002 (the Andean Trade authority to determine whether yarn or Action Date FR Cite Promotion and Drug Eradication Act or fabric cannot be supplied by the ATPDEA) provide for quota- and duty- domestic industry in commercial NPRM To Be Determined quantities in a timely manner under the free treatment for qualifying apparel Regulatory Flexibility Analysis products from designated beneficiary AGOA, the ATPDEA, and the CBTPA, Required: Yes countries. AGOA and CBTPA authorize and has authorized the Committee to quota- and duty-free treatment for extend quota- and duty-free treatment Agency Contact: Janet Heinzen
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Phone: 202 482–4006 Email: [email protected] RIN: 0625–AA59
Department of Commerce (DOC) Proposed Rule Stage National Oceanic and Atmospheric Administration (NOAA)
NATIONAL MARINE FISHERIES salmon and groundfish fishery Abstract: This action would amend the SERVICE management plans (FMPs). regulations governing the Atlantic Timetable: pelagic longline fishery based upon a June 1, 2004, Biological Opinion 57. MAXIMIZE RETENTION AND Action Date FR Cite regarding Atlantic sea turtles. This MONITORING PROGRAM IN THE NPRM 05/00/09 amendment could include framework SHORE–BASED PACIFIC WHITING NPRM Comment 07/00/09 mechanisms that would allow the FISHERY Period End Agency to take action, such as partial Regulatory Flexibility Analysis or rolling closures or gear or effort Legal Authority: 16 USC 1801 et seq Required: Yes restrictions, if the number of sea turtle interactions or mortalities exceed Abstract: The Pacific Fishery Agency Contact: Thom Barry, Regional anticipated levels during a certain Management Council (Pacific Council) Administrator, Northwest Region, period of time. This action would not at their October 21-25, 1996, meeting NMFS, Department of Commerce, change established quotas for target in San Francisco, California addressed National Oceanic and Atmospheric species. the treatment and disposition of salmon Administration, 7600 Sand Point Way in the groundfish trawl fisheries, NE., Building 1, Seattle, WA Timetable: specifically the shore-based whiting 48115–0070 Action Date FR Cite fishery. At that meeting, the Pacific Phone: 206 526–6150 ANPRM 08/12/04 69 FR 49858 Council discussed the retention of Fax: 206 526–6426 ANPRM Comment 10/12/04 salmon in the shore-based whiting RIN: 0648–AR63 Period End fishery and took action to maintain a NPRM 05/00/09 viable shore-based whiting fishery by NPRM Comment 06/00/09 using exempted fishing permits (EFPs). 58. AMENDMENT 1 TO THE FISHERY Period End These EFPs allowed the shore-based MANAGEMENT PLAN FOR THE TILEFISH FISHERY Regulatory Flexibility Analysis whiting fleet to temporarily deliver Required: Yes unsorted catch to processing plants and Legal Authority: 16 USC 1801 et seq provided for the monitoring of Agency Contact: Alan Risenhoover, Abstract: Amendment 1 to the Fishery Director, Office of Sustainable incidentally taken salmon until a Management Plan for the Tilefish permanent monitoring program could Fisheries, Department of Commerce, Fishery would implement Individual National Oceanic and Atmospheric be implemented. In keeping with the Fishing Quotas in the tilefish fishery. Pacific Council’s recommendation, Administration, 1315 East–West NMFS is proceeding with Timetable: Highway, Room 13362, Silver Spring, implementing a monitoring program for Action Date FR Cite MD 20910 Phone: 301 713–2334 the shore-based whiting fishery. This NPRM 05/00/09 RIN: action will aid in the sustainable NPRM Comment 06/00/09 0648–AS49 management of Pacific Coast salmon Period End and groundfish fisheries while 60. FISHERY MANAGEMENT PLAN providing an important economic Regulatory Flexibility Analysis FOR REGULATING OFFSHORE opportunity to those associated with Required: Yes MARINE AQUACULTURE IN THE Agency Contact: Patricia A. Kurkul, the harvest, processing, and selling of GULF OF MEXICO whiting taken by the shore-based Regional Administrator, Northeast whiting fleet. The need for Region, NMFS, Department of Legal Authority: 16 USC 1801 et seq implementing a permanent monitoring Commerce, National Oceanic and Abstract: The purpose of the program in the shore-based Pacific Atmospheric Administration, One amendment is to develop a regulatory whiting fishery is to provide for a full Blackburn Drive, Gloucester, MA 01930 permitting process for regulating and retention fishery by enabling the shore- Phone: 978 281–9200 promoting environmentally sound and based whiting fleet, comprised RIN: 0648–AS25 economically sustainable aquaculture exclusively of catcher vessels, to in the Gulf Exclusive Economic Zone. deliver unsorted catch to processing Management actions include: (1) Types plants. This practice is necessary to 59. ATLANTIC HIGHLY MIGRATORY of aquaculture permits required; (2) ensure that whiting landings are of SPECIES (HMS); REDUCING SEA duration aquaculture permits are market quality, while abiding by TURTLE TAKES effective; (3) conditions for permit Federal groundfish regulations and Legal Authority: 16 USC 971; 16 USC issuance; (4) species allowed for those implementing the Pacific Coast 1801 et seq aquaculture; (5) allowable aquaculture
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systems; (6) siting requirements and Timetable: water coral Habitat Areas of Particular conditions; (7) restricted access zones Action Date FR Cite Concern, with possible gear limitations, for aquaculture facilities; (8) such as the establishment of allowable recordkeeping and reporting ANPRM 05/10/05 70 FR 24495 trawl areas; and (3) other possible requirements; and (9) biological ANPRM Comment 06/09/05 actions necessary to implement reference points and status Period End ecosystem-based fishery management. NPRM 05/00/09 determination criteria; and (10) Timetable: framework procedures for modifying NPRM Comment 06/00/09 status determination criteria and Period End Action Date FR Cite regulatory measures. Regulatory Flexibility Analysis NPRM 05/00/09 Required: Yes Timetable: NPRM Comment 06/00/09 Agency Contact: Patricia A. Kurkul, Period End Action Date FR Cite Regional Administrator, Northeast Regulatory Flexibility Analysis NPRM 05/00/09 Region, NMFS, Department of Required: Yes NPRM Comment 06/00/09 Commerce, National Oceanic and Period End Atmospheric Administration, One Agency Contact: Roy Crabtree, Blackburn Drive, Gloucester, MA 01930 Regional Administrator, Southeast Regulatory Flexibility Analysis Phone: 978 281–9200 Region, Department of Commerce, Required: Yes National Oceanic and Atmospheric RIN: 0648–AT31 Administration, 263 Thirteenth Avenue Agency Contact: Roy Crabtree, South, St. Petersburg, FL 33701 Regional Administrator, Southeast 62. AMENDMENT 10 TO THE Phone: 727 570–5305 Region, Department of Commerce, ATLANTIC MACKEREL, SQUID, AND Fax: 727 570–5583 National Oceanic and Atmospheric BUTTERFISH FISHERY MANAGEMENT Email: [email protected] Administration, 263 Thirteenth Avenue PLAN South, St. Petersburg, FL 33701 RIN: 0648–AV31 Phone: 727 570–5305 Legal Authority: 16 USC 1801 et seq Fax: 727 570–5583 Abstract: This action would implement 64. CERTIFICATION OF NATIONS Email: [email protected] a rebuilding program for butterfish. WHOSE FISHING VESSELS ARE RIN: 0648–AS65 Timetable: ENGAGED IN IUU FISHING OR BYCATCH OF PROTECTED LIVING Action Date FR Cite MARINE RESOURCES 61. AMERICAN LOBSTER FISHERY; NPRM 06/00/09 Legal Authority: FISHING EFFORT CONTROL NPRM Comment 07/00/09 16 USC 1801 et seq; MEASURES TO COMPLEMENT Period End 16 USC 1826d to 1826k INTERSTATE LOBSTER Regulatory Flexibility Analysis Abstract: The National Marine MANAGEMENT RECOMMENDATIONS Required: Yes Fisheries Service is establishing a BY THE ATLANTIC STATES MARINE process of identification and Agency Contact: FISHERIES COMMISSION Patricia A. Kurkul, certification to address illegal, Regional Administrator, Northeast unreported, or unregulated (IUU) Legal Authority: 16 USC 5101 et seq Region, NMFS, Department of activities and bycatch of protected Commerce, National Oceanic and Abstract: species in international fisheries. The National Marine Atmospheric Administration, One Fisheries Service announces that it is Nations whose fishing vessels engage, Blackburn Drive, Gloucester, MA 01930 or have been engaged, in IUU fishing considering, and seeking public Phone: 978 281–9200 comment on, revisions to Federal or bycatch of protected living marine American Lobster regulations for the RIN: 0648–AT58 resources would be identified in a Exclusive Economic Zone (EEZ) biennial report to Congress, as required associated with effort control measures 63. SOUTH ATLANTIC FISHERY under Section 403 of the Magnuson- as recommended for Federal ECOSYSTEM PLAN COMPREHENSIVE Stevens Fishery Conservation and implementation by the Atlantic States AMENDMENT Management Reauthorization Act Marine Fisheries Commission (ASFMC) (MSRA) of 2006. NMFS would as outlined in the Interstate Fishery Legal Authority: 16 USC 1801 et seq subsequently certify whether identified Management Plan (ISFMP) for Abstract: The purpose of this action is nations have taken appropriate American Lobster. This action will to develop an ecosystem-based corrective action with respect to the evaluate effort control measures in approach to resource management. The activities of its fishing vessels, as certain Lobster Conservation South Atlantic Council plans to required under Section 403 of MSRA. Management Areas including: Limits on develop a Fishery Ecosystem Plan (FEP) Timetable: future access based on historic Comprehensive Amendment, which participation criteria; procedures to would modify all its Fishery Action Date FR Cite allow trap transfers among qualifiers Management Plans (FMPs). The initial ANPRM 06/11/07 72 FR 32052 and impose a trap reduction or amendment would include the NPRM 01/14/09 74 FR 2019 conservation tax on any trap transfers; following actions: (1) various actions to NPRM Comment 05/14/09 and a trap reduction schedule to meet comply with new essential fish habitat Period End the goals of the ISFMP. requirements; (2) establishment of deep Final Action 11/00/09
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Regulatory Flexibility Analysis amend existing agency permit 67. AMENDMENT 15B TO THE SOUTH Required: Yes regulations and contain all appropriate ATLANTIC FISHERY MANAGEMENT Agency Contact: Christopher Rogers, modified and new collections-of- COUNCIL SNAPPER GROUPER Division Chief, Department of information pursuant to the Paperwork FISHERY MANAGEMENT PLAN Commerce, National Oceanic and Reduction Act. Legal Authority: 16 USC 1801 Atmospheric Administration, 1315 Timetable: Abstract: Amendment 15B would East–West Highway, Silver Spring, MD assess the practicability of prohibiting Action Date FR Cite 20910 the sale of recreationally caught fish; Phone: 301 713–9090 NPRM 11/00/09 assess the practicability of changes to Email: [email protected] the renewal period on commercial RIN: 0648–AV51 Regulatory Flexibility Analysis snapper grouper permits; assess the Required: Yes practicability of allowing one-to-one transfer of commercial permits from an Agency Contact: Alan Risenhoover, 65. COLLECTION AND USE OF TAX individual to a family-held corporation; Director, Office of Sustainable IDENTIFICATION NUMBERS FROM implement a plan to monitor and assess Fisheries, Department of Commerce, HOLDERS OF AND APPLICANTS FOR bycatch; implement measures to National Oceanic and Atmospheric NATIONAL MARINE FISHERIES minimize the impacts of incidental take Administration, 1315 East–West SERVICE PERMITS on sea turtles and smalltooth sawfish; Highway, Room 13362, Silver Spring, Legal Authority: 31 USC 7701; 16 USC update management reference points MD 20910 1801 et seq; 16 USC 1361 et seq; 16 for golden tilefish; and define Phone: 301 713–2334 USC 1531 et seq allocation for snowy grouper and black Abstract: In conformance with the Debt RIN: 0648–AV76 sea bass. Collection Improvement Act of 1996 Timetable: (Debt Collection Act), the National 66. AMENDMENT 17 TO THE SOUTH Action Date FR Cite Marine Fisheries Service (NMFS) will ATLANTIC FISHERY MANAGEMENT issue a rule to require that each existing NPRM 05/00/09 COUNCIL SNAPPER GROUPER holder of and future applicant for a NPRM Comment 06/00/09 FISHERY MANAGEMENT PLAN. permit, license, endorsement, Period End authorization, transfer or like Legal Authority: 16 USC 1801 Regulatory Flexibility Analysis instrument issued by the agency to Required: Yes provide a Taxpayer Identification Abstract: Amendment 17 is intended Agency Contact: Roy Crabtree, Number (TIN) (business’ employer to: establish management reference Regional Administrator, Southeast identification number or individual’s points (MSY, OY) for red snapper; Region, Department of Commerce, social security number) and Date of establish a rebuilding plan (rebuilding National Oceanic and Atmospheric Incorporation or Date of Birth, as timeframe and rebuilding strategy) for Administration, 263 Thirteenth Avenue appropriate. Under the Debt Collection red snapper; specify Annual Catch South, St. Petersburg, FL 33701 Act, NMFS is required to collect the Limits (ACL), Annual Catch Targets Phone: 727 570–5305 TIN to report on and collect any (ACT), and Accountability Measures Fax: 727 570–5583 delinquent non-tax debt owed to the (AM) for 10 species undergoing Email: [email protected] Federal Government. NMFS plans to overfishing; and modify management use Date of Incorporation or Date of measures to ensure future catch is RIN: 0648–AW12 Birth information for administrative equal to or below the ACL. aspects of permitting procedures with Timetable: 68. AMENDMENT 2 TO THE FISHERY appropriate confidentiality safeguards MANAGEMENT PLAN FOR THE pursuant to the Privacy Act. The rule Action Date FR Cite QUEEN CONCH FISHERY OF PUERTO will specify (a) the particular uses that RICO AND THE U.S. VIRGIN ISLANDS may be made of the reported TIN, (b) NPRM 10/00/09 the effects, if any, of not providing the NPRM Comment 12/00/09 Legal Authority: 16 USC 1801 required information, (c) how the Period End Abstract: St. Croix queen conch information will be used to ascertain Regulatory Flexibility Analysis landings by commercial fishermen if the permit holder or applicant owes Required: Yes alone have exceeded sustainable delinquent non-tax debt to the harvest levels since the 2000-2001 Government pursuant to the Debt Agency Contact: Roy Crabtree, fishing season. In 2005-2006, the Collection Act, (d) the effects on the Regional Administrator, Southeast commercial harvest was over four times permit holder or applicant when such Region, Department of Commerce, sustainable levels. Additionally, there delinquent debts are owed, and (e) the National Oceanic and Atmospheric is an unknown but significant agency’s intended communications Administration, 263 Thirteenth Avenue recreational harvest. Overfishing of with the permit holder or applicant South, St. Petersburg, FL 33701 queen conch has led to resource regarding the relationship of such Phone: 727 570–5305 collapse in other regions and in some delinquent debts to its permitting Fax: 727 570–5583 cases, long-term resource loss. process and the need to resolve such Email: [email protected] According to the NMFS Report on the debts as a basis for completing permit Status of the U.S. Fisheries for 2006, issuance or renewal. The rule will RIN: 0648–AW11 queen conch is overfished and
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undergoing overfishing. Under current Agency Contact: Roy Crabtree, 71. REVISE REGULATIONS fishing practices, reductions in Regional Administrator, Southeast GOVERNING THE NORTH PACIFIC mortality are not expected to be Region, Department of Commerce, GROUNDFISH OBSERVER PROGRAM sufficient in the queen conch fishery. National Oceanic and Atmospheric Legal Authority: 118 Stat 110; 16 USC Without a reduction in mortality, queen Administration, 263 Thirteenth Avenue conch are not expected to achieve the 773 et seq; 16 USC 1801 et seq; 16 USC South, St. Petersburg, FL 33701 3631 et seq; PL 108–199 rebuilding goals established in the Phone: 727 570–5305 Sustainable Fisheries Amendment of Fax: 727 570–5583 Abstract: This rulemaking would revise 2005. Therefore, a change in fishing Email: [email protected] Federal regulations relevant to practices is needed to help achieve the numerous administrative and necessary reductions in queen conch RIN: 0648–AW19 procedural requirements applicable to fishing mortality. observer providers, observers, and Timetable: industry participating in the North 70. MARINE MAMMAL PROTECTION Pacific Groundfish Observer Program. Action Date FR Cite ACT STRANDING REGULATION Specifically, this action would: modify Notice of Intent 10/11/07 72 FR 58057 REVISIONS the current permit issuance process so NPRM 10/00/09 that observer and observer provider Legal Authority: 16 USC 1379; 16 USC permit issuance is a discretionary Regulatory Flexibility Analysis 1382; 16 USC 1421 Required: Yes National Marine Fisheries Service Abstract: The National Marine (NMFS) decision; amend current Agency Contact: Roy Crabtree, Fisheries Service (NMFS) is considering Federal regulations addressing observer Regional Administrator, Southeast behavior involving drugs, alcohol, and Region, Department of Commerce, proposing changes to its implementing regulations (50 CFR section 216) physical sexual conduct to remove National Oceanic and Atmospheric NMFS oversight of observer behavior governing the taking of stranded marine Administration, 263 Thirteenth Avenue that does not affect job performance; mammals under section 109(h), section South, St. Petersburg, FL 33701 require that observer providers submit 112(c), and title IV of the Marine Phone: 727 570–5305 policies related to these activities and Fax: 727 570–5583 Mammal Protection Act and is continue to notify NMFS upon learning Email: [email protected] soliciting public comment to better of an incident; revise Federal inform the process. NMFS intends RIN: 0648–AW15 regulations so that observer providers clarify the requirements and procedures are allowed to provide observers or for responding to stranded marine technical staff for purposes of exempted 69. AMENDMENT 7 TO THE SOUTH mammals and for determining the fishing permits, scientific research ATLANTIC SHRIMP FISHERY disposition of rehabilitated marine permits, or other scientific research MANAGEMENT PLAN mammals, which includes the activities; revise the definition of Legal Authority: 16 USC 1801 et seq procedures for the placement of non- ‘‘fishing day’’ in Federal regulations; releasable animals and for authorizing Abstract: The South Atlantic Fishery require observer providers to annually Management Council is proposing to the retention of releasable rehabilitated submit detailed economic information take action to maintain a viable rock marine mammals for scientific research, to NMFS; specify a date by which shrimp fishery in the South Atlantic enhancement, or public display. This observers who have collected data in region. Actions in the amendment action will be analyzed under the the previous fishing year would be would: 1) Remove the 15,000-pound National Environmental Policy Act required to be available for debriefing; landing requirement; 2) reinstate all with an Environmental Assessment. and implement housekeeping issues related to errors or clarifications in endorsements lost due to not meeting Timetable: the landing requirement in one of four existing regulations at 50 CFR 679.50. consecutive calendar years; 3) reinstate Action Date FR Cite Timetable: limited access endorsements for vessel ANPRM 01/31/08 73 FR 5786 Action Date FR Cite owners who renewed their open access permit in the year in which they failed ANPRM Comment 03/31/08 NPRM 04/00/09 Period End to renew their limited access NPRM Comment 05/00/09 endorsement; 4) rename the limited NPRM 10/00/09 Period End access endorsement and the open Regulatory Flexibility Analysis Regulatory Flexibility Analysis access permit of the existing permit Required: Yes Required: Yes system to reduce confusion; and 5) require all South Atlantic shrimp Agency Contact: David Cottingham, Agency Contact: Robert D. Mecum, permit holders to provide economic Department of Commerce, National Acting Administrator, Alaska Region, data if selected. Oceanic and Atmospheric Department of Commerce, National Timetable: Administration, 1315 East–West Oceanic and Atmospheric Highway, Silver Spring, MD 20910 Administration, P.O. Box 21668, Action Date FR Cite Phone: 301 713–2322 Juneau, AK 99802 NPRM 05/00/09 Email: [email protected] Phone: 907 586–7221 Fax: 907 586–7249 Regulatory Flexibility Analysis RIN: Required: Yes 0648–AW22 RIN: 0648–AW24
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72. AMENDMENT 3 TO THE Timetable: Timetable: NORTHEAST SKATE COMPLEX Action Date FR Cite Action Date FR Cite FISHERY MANAGEMENT PLAN NPRM 03/20/09 74 FR 11518 NPRM 04/07/09 74 FR 15685 Legal Authority: 16 USC 1801 NPRM Comment 05/18/09 NPRM Comment 05/04/09 Abstract: Amendment 3 is intended to Period End Period End address the overfished status of winter, Final Action 07/00/09 Final Action 07/00/09 thorny, and smooth skates, and end Regulatory Flexibility Analysis Regulatory Flexibility Analysis overfishing of thorny skates. It will Required: Yes Required: establish a rebuilding program for Yes winter and smooth skates, and modify Agency Contact: Alvin Katekaru, Agency Contact: Alvin Katekaru, the Skate FMP to reduce fishing Assistant Regional Administrator, Assistant Regional Administrator, mortality on the entire skate complex. Sustainable Fisheries, Department of Sustainable Fisheries, Department of Additionally, Amendment 3 will Commerce, National Oceanic and Commerce, National Oceanic and implement annual catch limits and Atmospheric Administration, 1601 Atmospheric Administration, 1601 accountability measures, consistent Kapiolani Boulevard, Honolulu, HI Kapiolani Boulevard, Honolulu, HI with the requirements of the 96814 96814 reauthorized Magnuson-Stevens Act. Phone: 808 944–2207 Phone: 808 944–2207 Timetable: RIN: 0648–AW49 RIN: 0648–AW52 Action Date FR Cite NPRM 10/00/09 74. FISHERIES IN THE WESTERN PACIFIC; COMPENSATION TO 75. ATLANTIC HIGHLY MIGRATORY NPRM Comment 11/00/09 SPECIES; ATLANTIC SHARK Period End NORTHWESTERN HAWAIIAN ISLANDS BOTTOMFISH AND MANAGEMENT MEASURES Regulatory Flexibility Analysis LOBSTER FISHERMEN DUE TO Legal Authority: 16 USC 1801 et seq Required: Yes FISHERY CLOSURE IN THE Agency Contact: Patricia A. Kurkul, PAPAHANAUMOKUAKEA MARINE Abstract: This rule would evaluate the Regional Administrator, Northeast NATIONAL MONUMENT management measures for small coastal sharks (SCS) based on the results of the Region, NMFS, Department of Legal Authority: PL 110–161 Commerce, National Oceanic and 2007 SCS stock assessment. This Atmospheric Administration, One Abstract: The Consolidated rulemaking could consider, among Blackburn Drive, Gloucester, MA 01930 Appropriations Act of 2008 authorizes other things, commercial quotas and Phone: 978 281–9200 the Secretary of Commerce to provide trip limits, recreational minimum size compensation to bottomfish and lobster and bag limits, time/area closures, and RIN: 0648–AW30 fishery participants who will be the public display quota. In addition, displaced by the 2011 fishery closure this rule would implement a rebuilding 73. FISHERIES IN THE WESTERN resulting from the establishment by plan for blacknose sharks. To the extent PACIFIC; WESTERN PACIFIC Presidential Proclamation of the that blacknose sharks are caught in PELAGIC FISHERIES; AMENDMENT 18 Papahanaumokuakea Marine National fisheries that are not targeted highly TO THE PELAGICS FISHERY Monument, Northwestern Hawaiian migratory species fisheries, the National MANAGEMENT PLAN; SHALLOW–SET Islands. The National Marine Fisheries Marine Fisheries Service (NMFS) will LONGLINE SWORDFISH FISHERY Service (NMFS) (designee of the work with the appropriate Regional Secretary) is required to promulgate Fishery Management Council, Interstate Legal Authority: 16 USC 1801 regulations to implement a voluntary Commission, and States to implement Abstract: Amendment 18 would capacity reduction program that: (1) regulations through their processes to remove the annual limit on the number identifies eligible participants as those rebuild blacknose sharks. This action is of fishing gear deployments (sets) for individuals holding Federal fishing necessary in light of recent stock the Hawaii-based pelagic longline permits for lobster or bottomfish in the assessments, which have determined fishery. The amendment would also designated waters within the that blacknose sharks are overfished revise the current maximum limit on monument; (2) provides a mechanism with overfishing occurring. As needed, the number of physical interactions that to compensate eligible participants for this rule may include others items to occur annually between loggerhead sea no more than the economic value of clarify existing regulations. turtles and vessels registered for use their permits; and (3) at the option of under Hawaii longline limited access each eligible permit holder, provides an Timetable: permits while shallow-setting. Other optional mechanism for additional Action Date FR Cite measures currently applicable to the compensation based on the value of the Notice of Intent 05/07/08 73 FR 25665 fishery would remain unchanged. fishing vessel and gear of eligible Notice of Scoping 07/02/08 73 FR 37932 Amendment 18 is intended to increase participants who decide to receive Meetings and opportunities for the shallow-set fishery these additional funds, provided that Extension of to sustainably harvest swordfish and the vessels of such participants will not Comment Period other fish species, without jeopardizing be used for fishing. For this purpose, Notice of Intent 08/05/08 the continued existence of sea turtles $6,697,500 is authorized to be Comment Period and other protected resources. appropriated to the NMFS for FY 2008. End
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Action Date FR Cite measures developed in this amendment Agency Contact: Robert D. Mecum, also must comply with all applicable Acting Administrator, Alaska Region, Notice of Intent 10/29/08 73 FR 64307 laws. Department of Commerce, National Comment Period Extended—Second Timetable: Oceanic and Atmospheric Administration, P.O. Box 21668, Extension Action Date FR Cite Notice of Intent 10/31/08 Juneau, AK 99802 Comment Period NOI To Prepare an 05/08/08 73 FR 26082 Phone: 907 586–7221 Extension End EIS Fax: 907 586–7249 Second Extension 11/14/08 NPRM 10/00/09 RIN: 0648–AW92 Comment Period Regulatory Flexibility Analysis End Required: Yes NPRM 10/00/09 78. ALLOWABLE MODIFICATIONS TO NPRM Comment 11/00/09 Agency Contact: Patricia A. Kurkul, THE TURTLE EXCLUDER DEVICE Period End Regional Administrator, Northeast (TED) REQUIREMENTS Region, NMFS, Department of Regulatory Flexibility Analysis Commerce, National Oceanic and Legal Authority: 16 USC 1531 et seq Required: Yes Atmospheric Administration, One Abstract: NMFS proposes to revise the Agency Contact: Margo Blackburn Drive, Gloucester, MA 01930 TED requirements to allow new Schulze–Haugen, Department of Phone: 978 281–9200 materials and modifications to existing Commerce, National Oceanic and RIN: 0648–AW75 approved TED designs. Specifically, Atmospheric Administration, 1315 proposed allowable modifications East–West Highway, Silver Spring, MD include the use of flat bar, box pipe, 20910 77. HALIBUT CHARTER VESSEL and oval pipe for use in currently Phone: 301 713–0234 MORATORIUM approved TED grids; an increase in Email: [email protected] Legal Authority: 16 USC 773–773k mesh size on escape flaps from 1-5/8 RIN: 0648–AW65 Abstract: This action would implement inches to 2 inches; the use of the Boone a moratorium on the entry of additional single straight cut and triangular escape openings; specifications on the use of 76. AMENDMENT 4 TO THE ATLANTIC charter vessels into the guided sport TED grid brace bars; and the use of HERRING FISHERY MANAGEMENT fishery for Pacific halibut in waters of the Chauvin Shrimp Kicker to improve PLAN International Pacific Halibut Commission regulatory areas 2C shrimp retention. Legal Authority: 16 USC 1801 et seq (Southeast Alaska) and 3A (Central Gulf Timetable: Abstract: The goal of Amendment 4 is of Alaska). If approved, this Action Date FR Cite to improve catch monitoring and moratorium would limit the number of ensure compliance with the charter vessels that may participate in NPRM 11/00/09 Reauthorized Magnuson-Stevens the guided sport fishery for halibut in Regulatory Flexibility Analysis Fishery Conservation and Management these areas. NMFS would issue a Required: Yes Act (MSRA). The management moratorium permit to a licensed charter measures developed in this amendment vessel fishing business owner based on Agency Contact: Michael Barnette, may address one or more of the his or her past participation in the Department of Commerce, National following objectives: (1) to implement charter vessel fishery for halibut and Oceanic and Atmospheric measures to improve the long-term to a Community Quota Entity Administration, 263 Thirteenth Avenue monitoring of catch (landings and representing specific rural South, St. Petersburg, FL 33701 bycatch) in the herring fishery; (2) to communities. All moratorium permit Phone: 727 551–5794 implement annual catch limits and holders would be subject to limits on RIN: 0648–AW93 accountability measures consistent with the number of permits they could hold the MSRA; (3)to implement other and on the number of charter vessel 79. REGULATORY AMENDMENT (NO. management measures as necessary to anglers who could catch and retain 3) TO CORRECT AND CLARIFY ensure compliance with the new halibut on the permitted charter vessel. AMENDMENT 13 AND SUBSEQUENT provisions of the MSRA; (4) to develop This action is proposed to achieve the FRAMEWORKS OF THE NORTHEAST a sector allocation process or other halibut fishery management goals of the MULTISPECIES FISHERY limited access privilege program for the North Pacific Fishery Management MANAGEMENT PLAN herring fishery; and (5) in the context Council. The intended effect is to of objectives 1-4 (above), to consider curtail growth of fishing capacity in the Legal Authority: 16 USC 1801 et seq the health of the herring resource and guided sport fishery for halibut. Abstract: This action would make the important role of herring as a forage Timetable: corrections and clarifications to the fish and a predator fish throughout its Action Date FR Cite final rule implementing Amendment 13 range. to the Northeast Multispecies Fishery The New England Fishery Management NPRM 04/21/09 74 FR 18178 Management Plan, as well as Council will develop conservation and NPRM Comment 06/05/09 subsequent groundfish actions. These management measures to address the Period End corrections are administrative in nature issues identified above and meet the Final Action 10/00/09 and are intended to correct inaccurate goals/objectives of the amendment. Any Regulatory Flexibility Analysis references and other inadvertent errors conservation and management Required: Yes and to clarify specific regulations to
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maintain consistency with the intent of Abstract: This rule would establish the landings history through permit Amendment 13 and subsequent actions. 2009 fishing season quotas for North stacking. Timetable: and South Atlantic swordfish based on Timetable: recent updated landings information Action Date FR Cite and recommendations of the Action Date FR Cite NPRM 10/00/09 International Commission for the NPRM 04/00/09 Conservation of Atlantic Tunas NPRM Comment 05/00/09 Regulatory Flexibility Analysis (ICCAT). This rule is necessary to Period End Required: Yes ensure that current swordfish quotas Regulatory Flexibility Analysis Agency Contact: Patricia A. Kurkul, account for underharvests and reserve Required: Yes Regional Administrator, Northeast transfer from the 2008 fishing year, Agency Contact: Region, NMFS, Department of consistent with regulations at 50 CFR Roy Crabtree, Commerce, National Oceanic and part 635 and ICCAT recommendations Regional Administrator, Southeast Atmospheric Administration, One that establish the U.S. North and South Region, Department of Commerce, Blackburn Drive, Gloucester, MA 01930 Atlantic swordfish allocations. This National Oceanic and Atmospheric Phone: 978 281–9200 rule will also include other minor Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 RIN: 0648–AW95 regulatory clarifications, eliminate an existing sunset provision in the Phone: 727 570–5305 Fax: 727 570–5583 Madison-Swanson and Steamboat Email: [email protected] 80. AMENDMENT 11 TO THE Lumps time/area closure, and establish ATLANTIC MACKEREL, SQUID, a small time/area closure in the Gulf RIN: 0648–AX39 BUTTERFISH FISHERY MANAGEMENT of Mexico. PLAN Timetable: 83. ∑ AMENDMENT 85 TO THE Legal Authority: 16 USC 1801 et seq FISHERY MANAGEMENT PLAN FOR Action Date FR Cite Abstract: Amendment 11 may GROUNDFISH OF THE GULF OF NPRM 04/00/09 consider: (1) limited access in the ALASKA Atlantic mackerel (mackerel) fishery; Regulatory Flexibility Analysis Legal Authority: 16 USC 1801; 16 USC (2) implementation of annual catch Required: Yes 3631; 16 USC 773; PL 108–199; PL 109–479 limits (ACLs) and accountability Agency Contact: Margo measures (AMs) for mackerel and Schulze–Haugen, Department of Abstract: Amendment 85 to the FMP butterfish required under the Commerce, National Oceanic and would remove a provision that restricts Magnuson-Stevens Fishery Atmospheric Administration, 1315 participation of Central Gulf of Alaska Conservation and Management East–West Highway, Silver Spring, MD Rockfish Program catcher processors Reauthorization Act of 2006 (MSRA); 20910 (CPs) in Bering Sea and Aleutian (3) updating of the description and Phone: 301 713–0234 Islands (BSAI) groundfish fisheries. The identification of essential fish habitat Email: [email protected] participation restriction was developed (EFH) for all life stages of mackerel, to prevent rockfish program CPs from Loligo squid, Illex squid, and butterfish RIN: 0648–AX07 unfairly benefiting from their rockfish (including gear impacts on Loligo squid harvesting privileges by increasing egg EFH); and (4) possible limitations 82. ∑ AMENDMENT 29 TO THE effort in BSAI fisheries that remained on at-sea processing of mackerel. FISHERY MANAGEMENT PLAN FOR subject to a race for fish. Since the Timetable: REEF FISH RESOURCES OF THE implementation of the rockfish program, most BSAI groundfish target Action Date FR Cite GULF OF MEXICO species have been allocated among Notice of Intent 08/11/08 73 FR 46590 Legal Authority: 16 USC 1801 participating sectors, and most CPs in NPRM 06/00/09 Abstract: Grouper and tilefish species the rockfish program received exclusive Regulatory Flexibility Analysis in the Gulf of Mexico are managed privileges for harvesting these BSAI Required: Yes under the reef fish fishery management species. Consequently, the July stand plan. Past management practices under down may no longer be required as a Agency Contact: Patricia A. Kurkul, the plan have contributed to protection measure for other BSAI Regional Administrator, Northeast overcapitalization in these fisheries, participants and its removal would Region, NMFS, Department of which the Council now seeks to enable the rockfish program CPs to Commerce, National Oceanic and address. The amendment creates an IFQ more efficiently manage their Atmospheric Administration, One program to further control effort in the harvesting activities. This action is Blackburn Drive, Gloucester, MA 01930 commercial grouper and tilefish intended to promote the goals and Phone: 978 281–9200 fisheries in the Gulf of Mexico. The IFQ objectives of the Magnuson-Stevens RIN: 0648–AX05 program was supported by over 80% Fishery Conservation and Management of all eligible fishermen voting in a Act, the FMP, and other applicable law. referendum for the IFQ program. The Timetable: 81. ATLANTIC HIGHLY MIGRATORY proposed rule would implement the SPECIES; 2009 NORTH AND SOUTH IFQ program, establish design elements Action Date FR Cite ATLANTIC COMMERCIAL QUOTAS for the program, and allow Notice of Availabilty 03/24/09 74 FR 12300 Legal Authority: 16 USC 1801 et seq consolidation of commercial permit NPRM 04/06/09 74 FR 15420
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DOC—NOAA Proposed Rule Stage
Action Date FR Cite Abstract: The current definition of Agency Contact: Jamie Goen, ‘‘U.S. Citizen’’ at 50 CFR section 679.2 Department of Commerce, National NPRM Comment 05/21/09 is critical for permits and licenses, Oceanic and Atmospheric Period End some of which are intended to be Administration, 7600 Sand Point Way Notice of Availability 05/26/09 issued only to, and held only by, Comment Period NE, Seattle, WA 98115 End persons who are U.S. citizens. The Phone: 206 526–4646 Final Action 07/00/09 current definition for general Email: [email protected] applicability refers only to individual RIN: 0648–AX57 Regulatory Flexibility Analysis persons and lacks reference to non- Required: Yes individuals, such as corporations, Agency Contact: Robert D. Mecum, partnerships, or associations. For 87. ∑ REEF FISH AMENDMENT 31 TO Acting Administrator, Alaska Region, consistency and to avoid confusion REDUCE THE NUMBER OF Department of Commerce, National among permit applicants, NMFS LOGGERHEAD SEA TURTLES BY THE Oceanic and Atmospheric proposes to revise the definition of U.S. EASTERN GULF OF MEXICO BOTTOM Administration, P.O. Box 21668, Citizen. LONGLINE FISHERY Juneau, AK 99802 Timetable: Legal Authority: 16 USC 1801 Phone: 907 586–7221 Fax: 907 586–7249 Action Date FR Cite Abstract: In September 2008, NOAA’s RIN: 0648–AX42 NPRM 04/00/09 National Marine Fisheries (NMFS) NPRM Comment 05/00/09 released a report based on observer data Period End that indicated the total number of 84. ∑ AMENDMENT 30 TO THE Final Action 06/00/09 loggerhead sea turtle takes by the FISHERY MANAGEMENT PLAN FOR Final Action Effective 07/00/09 eastern Gulf of Mexico reef fish bottom BERING SEA AND ALEUTIAN Regulatory Flexibility Analysis longline fishery was much greater than ISLANDS KING AND TANNER CRABS Required: Yes that authorized in the most recent ARBITRATION REGULATIONS biological opinion. In response, the Agency Contact: Robert D. Mecum, Legal Authority: 16 USC 1862; PL Gulf of Mexico Fishery Management Acting Administrator, Alaska Region, 109–241; PL 109–479 Council (Council) requested NMFS take Department of Commerce, National emergency action to reduce the number Abstract: The proposed action would Oceanic and Atmospheric of takes by the fishery during the short implement Amendment 30 to the Administration, P.O. Box 21668, term while the Council develops long- Fishery Management Plan for Bering Juneau, AK 99802 term measures in Amendment 31. Sea and Aleutian Islands King and Phone: 907 586–7221 Measures being considered include: 1) Tanner Crabs to make minor Fax: 907 586–7249 modifying baits; 2) area, season, and modifications to the arbitration system RIN: 0648–AX52 depth restrictions; 3) reducing effort used to settle price and other disputes through a longline endorsement among harvesters and processors in the program; and 4) using observers or Bering Sea/Aleutian Islands crab 86. ∑ 2009 SPECIFICATIONS AND electronic monitoring to close the rationalization program MANAGEMENT MEASURES FOR THE fishery once a sea turtle take threshold Timetable: SPINY DOGFISH FISHERY MANAGEMENT PLAN has been met. Action Date FR Cite Legal Authority: 16 USC 1801 Timetable: NPRM 04/00/09 Abstract: Action Date FR Cite NOA for PR 04/00/09 This action would set the NOA Public Comment 06/00/09 2009 fishing year annual quota and NPRM 04/00/09 Period End possession limit for the spiny dogfish Regulatory Flexibility Analysis fishery on the Atlantic coast of the U.S. PR Comment Period 06/00/09 Required: Yes End consistent with the rebuilding program Final Rule 08/00/09 in the Spiny Dogfish Fishery Agency Contact: Roy Crabtree, Management Plan (FMP). The quota is Regional Administrator, Southeast Regulatory Flexibility Analysis divided semi-annually, with quota Region, Department of Commerce, Required: Yes period 1 (May 1 through October 31) National Oceanic and Atmospheric Agency Contact: Robert D. Mecum, being allocated 57.9% of the annual Administration, 263 Thirteenth Avenue Acting Administrator, Alaska Region, quota, and quota period 2 (November South, St. Petersburg, FL 33701 Department of Commerce, National 1 through April 30) being allocated Phone: 727 570–5305 Oceanic and Atmospheric 42.1%. Fax: 727 570–5583 Administration, P.O. Box 21668, Timetable: Email: [email protected] Juneau, AK 99802 RIN: 0648–AX67 Phone: 907 586–7221 Action Date FR Cite Fax: 907 586–7249 NPRM 03/19/09 74 FR 11706 ∑ RIN: 0648–AX47 NPRM Comment 04/03/09 88. 2009 SUMMER FLOUNDER, Period End SCUP, AND BLACK SEA BASS Final Action 07/00/09 RECREATIONAL MANAGEMENT 85. ∑ U.S. CITIZEN DEFINITION Regulatory Flexibility Analysis MEASURES Legal Authority: 16 USC 1801 et seq Required: Yes Legal Authority: 16 USC 1801 et seq
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DOC—NOAA Proposed Rule Stage
Abstract: This rulemaking will propose Action Date FR Cite requests comments on whether—and if and implement recreational so, what type of—conservation management measures for the summer NPRM Comment 05/04/09 measures, regulations, and, if necessary, flounder, scup, and black sea bass 2009 Period End other measures would be appropriate to recreational fisheries. The final rule Final Action 07/00/09 protect killer whales from the effects will contain implementing regulations Regulatory Flexibility Analysis of these activities. that specify the minimum fish size, Required: Yes Timetable: possession limit, and fishing season for Agency Contact: Roy Crabtree, Action Date FR Cite the three species. Regional Administrator, Southeast Timetable: Region, Department of Commerce, ANPRM 03/22/07 72 FR 13464 ANPRM Comment 06/20/07 Action Date FR Cite National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue Period End NPRM 04/01/09 74 FR 14760 South, St. Petersburg, FL 33701 NPRM 05/00/09 NPRM Comment 05/01/09 Phone: 727 570–5305 Regulatory Flexibility Analysis Period End Fax: 727 570–5583 Required: Yes Final Action 07/00/09 Email: [email protected] Agency Contact: James H. Lecky, Regulatory Flexibility Analysis RIN: 0648–AX73 Director, Office of Protected Resources, Required: Yes Department of Commerce, National Agency Contact: Patricia A. Kurkul, 90. PROTECTIVE REGULATIONS FOR Oceanic and Atmospheric Regional Administrator, Northeast KILLER WHALES IN THE Administration, 1315 East–West Region, NMFS, Department of NORTHWEST REGION UNDER THE Highway, Silver Spring, MD 20910 Commerce, National Oceanic and ENDANGERED SPECIES ACT AND Phone: 301 713–2332 Atmospheric Administration, One MARINE MAMMAL PROTECTION ACT Fax: 301 427–2520 Blackburn Drive, Gloucester, MA 01930 Email: [email protected] Phone: 978 281–9200 Legal Authority: 16 USC 1361 et seq; 16 USC 1531 to 1543 RIN: 0648–AV15 RIN: 0648–AX69 Abstract: The National Marine Fisheries Service (NMFS) is considering 91. MARINE MAMMAL PROTECTION 89. ∑ REEF FISH AMENDMENT 30B TO whether to propose regulations to ACT PERMIT REGULATION THE FISHERY MANAGEMENT PLAN protect killer whales (Orcinus orca) in REVISIONS FOR THE REEF FISH RESOURCES OF the Pacific Northwest. The Southern Legal Authority: 16 USC 1374 THE GULF OF MEXICO: MEASURE TO Resident killer whale distinct ESTABLISH THE EDGES population segment (DPS) was listed as Abstract: The National Marine SEASONAL–AREA CLOSURE endangered under the Endangered Fisheries Service (NMFS) is considering changes to its implementing regulations Legal Authority: 16 USC 1801 Species Act (ESA) on November 18, 2005 (70 FR 69903). In the final rule (50 CFR part 216) governing the Abstract: A proposed rule for announcing the listing, NMFS issuance of permits for scientific Amendment 30B was published on identified vessel effects, including research and enhancement activities November 18, 2009 (73 FR 68390). direct interference and sound, as a under section 104 of the Marine Unfortunately, the proposed rule was potential contributing factor in the Mammal Protection Act and is in error relative to the time period ‘‘The recent decline of this population. Both soliciting public comment to better Edges’’ seasonal-area closure would be the Marine Mammal Protection Act inform the process. NMFS intends to closed to fishing. Rather than a 4- (MMPA) and the ESA prohibit take, streamline and clarify general month closure, as supported by including harassment, of killer whales, permitting requirements and Amendment 30B and correctly stated in but these statutes do not prohibit requirements for scientific research and the proposed rule’s preamble, the specified acts. NMFS is now enhancement permits, simplify codified text would have established a considering whether to propose procedures for transferring marine year-round closure. However, other regulations that would prohibit certain mammal parts, possibly apply the actions in the final rule for Amendment acts, under our general authorities General Authorization (GA) to research 30B need to be implemented soon so under the ESA and MMPA and their activities involving Level A harassment that states can enact similar regulations implementing regulations. The of non-endangered marine mammals, for state waters. Therefore, measures to Proposed Recovery Plan for Southern and implement a ‘‘permit application establish ‘‘The Edges’’ seasonal-area Resident killer whales (71 FR 69101; cycle’’ for application submission and closure from January 1 through April November 29, 2006) includes as a processing of all marine mammal 30 consistent with the intent of management action the evaluation of permits. NMFS intends to write Amendment 30B have been removed current guidelines and the need for regulations for marine mammal from the final rule associated with RIN regulations and/or protected areas. The photography permits and is considering 0648-AV80 and will be developed scope of this ANPR encompasses the whether this activity should be covered through a second rulemaking. activities of any person or conveyance by the GA. Timetable: that may result in the unauthorized Timetable: taking of killer whales and/or that may Action Date FR Cite cause detrimental individual-level and Action Date FR Cite NPRM 04/17/09 74 FR 17812 population-level impacts. NMFS ANPRM 09/13/07 72 FR 52339
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DOC—NOAA Proposed Rule Stage
Action Date FR Cite Regulatory Flexibility Analysis require closure from February-April Required: Yes only if, after the most current two ANPRM Comment 10/15/07 72 FR 58279 years, the average bycatch rate exceeds Period Extended Agency Contact: Marta Nammack, Office of Protected Resources, the trigger rate of 0.023, identified from ANPRM Comment 11/13/07 observed compliant vessels fishing in Period End Department of Commerce, National the Southern New England ANPRM Comment 12/13/07 Oceanic and Atmospheric Period Extended Administration, 1315 East–West Management Area. For the Mid End Highway, Silver Spring, MD 20910 Atlantic, this action would establish NPRM 07/00/09 Phone: 301 713–1401 Mudhole South Management Area. Close from February 1-March 15; and Regulatory Flexibility Analysis Fax: 301 427–2523 Email: [email protected] modify tie-down requirement. Required: Yes RIN: 0648–AV94 Timetable: Agency Contact: Dr. Michael Payne, Action Date FR Cite Fishery Biologist, Department of Commerce, National Oceanic and 93. HARBOR PORPOISE TAKE NPRM 05/00/09 Atmospheric Administration, P.O. Box REDUCTION PLAN MEASURES NPRM Comment 06/00/09 Period End 21668, Juneau, AK 99802 Legal Authority: 16 USC 1361 et seq Phone: 907 586–7235 Final Action 11/00/09 Abstract: The National Marine Regulatory Flexibility Analysis RIN: 0648–AV82 Fisheries Service is preparing a Required: Yes proposed rule to reduce the number of Agency Contact: Melissa Andersen, 92. RULEMAKING TO ESTABLISH harbor porpoise taken in sink gillnet Department of Commerce, National TAKE PROHIBITIONS FOR THE fisheries in the Gulf of Maine and Mid- Oceanic and Atmospheric THREATENED SOUTHERN DISTINCT Atlantic. The Harbor Porpoise Take Administration, 1315 East–West POPULATION SEGMENT OF NORTH Reduction Plan implemented measures Highway, Silver Spring, MD 20910 AMERICAN GREEN STURGEON to reduce the incidental capture of harbor porpoises in sink gillnets to Phone: 301 713–2322 Legal Authority: 16 USC 1531 to 1543 below the stock’s Potential Biological Email: [email protected] Removal level (PBR) in 1999. Measures Abstract: Under section 4(d) of the RIN: 0648–AW51 include: management areas in which Federal Endangered Species Act (ESA), deterrent devices (pingers) are required the Secretary of Commerce is required on gillnets, gear modifications, and 94. RULE TO REVISE LEATHERBACK to adopt such regulations as he deems seasonal closures. Between 2001 and CRITICAL HABITAT necessary and advisable for the 2005, incidental takes of harbor conservation of species listed as Legal Authority: 16 USC 1531 et seq porpoise showed an increasing trend, threatened. This rulemaking would and currently takes exceed PBR. The Abstract: The National Marine establish an ESA 4(d) rule representing proposed rule will implement measures Fisheries Service (NMFS), announces a regulations that NMFS believes developed through discussions with the rule to revise leatherback turtle necessary and advisable to conserve the Harbor Porpoise Take Reduction Team, (Dermochelys coriacea) critical habitat threatened Southern Distinct which was reconvened in 2007 when under the Endangered Species Act of Population Segment of North American it was clear that existing measures were 1973, as amended (ESA). The green sturgeon (Southern DPS of green not sufficient to keep porpoise bycatch leatherback is currently listed as sturgeon). The 4(d) rule would apply to below PBR. For the Gulf of Maine, endangered throughout its range, and the prohibitions listed under ESA this action would expand pinger use critical habitat consists of Sandy Point section 9(a)(1)(A) and 9(a)(1)(D) through in Massachusetts Bay to include Beach and adjacent waters, St. Croix, 9(a)(1)(G) for the Southern DPS and November; establish Stellwagen Bank U.S. Virgin Islands. This rule would apply ESA section 9(a)(1)(B) and Management Area, requiring pingers revise critical habitat to include waters (a)(1)(C) prohibitions (called the ‘‘take November-May; establish Coastal Gulf along the U.S. West Coast. prohibitions’’) to specific activities that of Maine Consequence Closure Area Timetable: take Southern DPS fish or alter its and require closure in October and habitat in a manner detrimental to the Action Date FR Cite November only if, after the most continued existence of the species. The current two years, the average bycatch NPRM 12/00/09 4(d) rule would include exceptions to rate exceeds the trigger rate of .031, the take prohibitions for activities Regulatory Flexibility Analysis identified from observed compliant conducted in a way that NMFS deems Required: Yes boats from the Mid-Coast, adequate to protect or conserve the Massachusetts Bay, and Stellwagen Agency Contact: Therese Conant, Southern DPS. Bank Management Areas; create Department of Commerce, National Timetable: Southern New England Management Oceanic and Atmospheric Administration, Silver Spring, MD Action Date FR Cite Area (includes current Cape Cod South Management Area); require pingers 20910 NPRM 10/00/09 from December-May; establish Cape Phone: 301 713–1431 NPRM Comment 12/00/09 Cod South Expansion and Eastern Cape Fax: 301 713–0376 Period End Cod Consequence Closure Areas; and RIN: 0648–AX06
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Department of Commerce (DOC) Final Rule Stage National Oceanic and Atmospheric Administration (NOAA)
NATIONAL MARINE FISHERIES Action Date FR Cite Fax: 907 586–7249 SERVICE Collection of 05/00/09 RIN: 0648–AV32 Information Approval 95. REVISIONS TO THE SCIENTIFIC 98. MAGNUSON–STEVENS FISHERY RESEARCH ACTIVITY, EXEMPTED Regulatory Flexibility Analysis CONSERVATION AND MANAGEMENT FISHING, AND EXEMPTED Required: Yes REAUTHORIZATION ACT (MSRA) EDUCATIONAL ACTIVITY Agency Contact: Alvin Katekaru, ENVIRONMENTAL REVIEW REGULATIONS Assistant Regional Administrator, PROCEDURE Legal Authority: 16 USC 1801 et seq Sustainable Fisheries, Department of Legal Authority: 16 USC 1801 Commerce, National Oceanic and Abstract: The National Marine Abstract: Section 107 of the Magnuson- Atmospheric Administration, 1601 Stevens Fishery Conservation and Fisheries Service amends the Kapiolani Boulevard, Honolulu, HI regulations at 50 CFR 600.745. The Management Reauthorization Act 96814 (MSRA) (Pub. L. 109-479) requires action is intended to provide clearer Phone: 808 944–2207 guidance to the public for obtaining NOAA Fisheries to revise and update appropriate acknowledgments and RIN: 0648–AS71 agency procedures for complying with permits and to facilitate the timely the National Environmental Policy Act conduct of research to address bycatch 97. MODIFYING MAXIMUM (NEPA) in context of fishery and habitat issues in the fisheries. RETAINABLE AMOUNTS (MRAS) FOR management actions. It further requires that NOAA Fisheries consult with the Timetable: SELECTED GROUNDFISH SPECIES CAUGHT BY THE NON–AMERICAN Council on Environmental Quality Action Date FR Cite FISHING ACT TRAWL CATCHER (CEQ) and the Regional Fishery NPRM 12/21/07 72 FR 72657 PROCESSOR SECTOR Management Councils (Councils), and involve the public in the development NPRM Comment 03/18/08 73 FR 14428 Legal Authority: 16 USC 1801 Period Extended of the revised procedures. The MSRA NPRM Comment 03/20/08 Abstract: The National Marine provides that the resulting procedures Period End Fisheries Service issues this action to will be the sole environmental impact Comment Period End 04/04/08 amend regulations specifying the assessment procedure for fishery Final Action 05/00/09 current interval of time allowed for management actions, and that they determining the maximum retainable must conform to the time lines for Regulatory Flexibility Analysis amount (MRA) of selected groundfish review and approval of fishery Required: Yes species that can be retained by non- management plans and plan Agency Contact: Alan Risenhoover, American Fishery Act trawl catcher amendments; and integrate applicable Director, Office of Sustainable processors. This action would change environmental analytical procedures, Fisheries, Department of Commerce, MRA regulations located at 50 CFR including the time frames for public National Oceanic and Atmospheric 679.20(e) that establish the calculation input, with the procedure for the Administration, 1315 East–West of MRAs for groundfish species that are preparation and dissemination of Highway, Room 13362, Silver Spring, closed to directed fishing by increasing fishery management plans, plan MD 20910 the interval of time each vessel in this amendments and other actions taken or Phone: 301 713–2334 sector would have to retain the MRA approved pursuant to this Act in order RIN: 0648–AR78 specified in regulation for several to provide for timely, clear and concise species in the Bering Sea and Aleutian analysis that is useful to decision Islands. This action is intended to makers and the public, reduce 96. FISHERIES IN THE WESTERN promote the goals and objectives of the extraneous paperwork, and effectively PACIFIC; PELAGIC FISHERIES; SQUID Fishery Management Plan (FMP) for involve the public. NOAA Fisheries is JIG FISHERIES Groundfish of the Bering Sea and currently consulting with the councils, Legal Authority: 16 USC 1801 et seq Aleutian Islands Management Area. the Public and CEQ to develop a proposed procedure. Abstract: This action would designate Timetable: Timetable: pelagic squid as a management unit Action Date FR Cite species under the Western Pacific Action Date FR Cite NPRM 03/13/09 74 FR 7209 Pelagics Fishery Management Plan, and NPRM Comment 03/16/09 NPRM 05/14/08 73 FR 27997 establish permitting and reporting Period End NPRM Comment 06/13/08 requirements. Final Action 05/00/09 Period End Timetable: Regulatory Flexibility Analysis Final Action 11/00/09 Action Date FR Cite Required: Yes Regulatory Flexibility Analysis Required: Yes Notice of Availability 08/11/08 73 FR 46581 Agency Contact: Robert D. Mecum, NPRM 08/28/08 73 FR 50751 Acting Administrator, Alaska Region, Agency Contact: Steve Leathery, Notice Comment 10/10/08 Department of Commerce, National Department of Commerce, National Period End Oceanic and Atmospheric Oceanic and Atmospheric NPRM Comment 10/14/08 Administration, P.O. Box 21668, Administration, 1315 East–West Period End Juneau, AK 99802 Highway, Silver Spring, MD 20910 Final Action 11/21/08 73 FR 70600 Phone: 907 586–7221 Phone: 301 713–2239
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DOC—NOAA Final Rule Stage
Email: [email protected] amend the FMP regulations under 50 Timetable: RIN: 0648–AV53 CFR 660.707 to establish a permit fee Action Date FR Cite collection framework for HMS commercial and recreational charter Notice of Availability 12/24/08 73 FR 79037 99. AMERICAN LOBSTER DATA vessels operating off the West Coast. NPRM 02/06/09 74 FR 6257 COLLECTION AND BROODSTOCK The action is consistent with and Notice of Availability 02/23/09 PROTECTION MEASURES implements elements of the NMFS Comment Period End Permit Fee National Policy Directive Legal Authority: 16 USC 5101 et seq NPRM Comment 03/09/09 30-120. Abstract: NMFS is considering the Period End implementation of management Timetable: Final Action 05/00/09 measures in the Federal lobster fishery, Action Date FR Cite Regulatory Flexibility Analysis consistent with recommendations for NPRM 12/19/08 73 FR 77589 Required: Yes Federal action as specified in the NPRM Comment 01/20/09 Agency Contact: Roy Crabtree, Atlantic States Marine Fisheries Period End Regional Administrator, Southeast Commission’s Interstate Fishery Final Action 05/00/09 Region, Department of Commerce, Management Plan for American National Oceanic and Atmospheric Lobster. These proposed management Regulatory Flexibility Analysis Required: Yes Administration, 263 Thirteenth Avenue measures include: 100 percent South, St. Petersburg, FL 33701 Agency Contact: mandatory dealer reporting Mark Helvey, Phone: 727 570–5305 requirements for Federal lobster Assistant Regional Administrator for Fax: 727 570–5583 dealers; implementation of a maximum Sustainable Fisheries, Department of Email: [email protected] size limit (maximum carapace length Commerce, National Oceanic and restriction) in several Lobster Atmospheric Administration, 501 West RIN: 0648–AW64 Management Areas (LMA); and, Ocean Boulevard, Long Beach, CA revision to the definition of a V-notch 90802 102. AMENDMENT 27 TO THE for protection of egg-bearing female Phone: 562 980–4040 FISHERY MANAGEMENT PLAN FOR lobsters in several LMAs in the Federal RIN: 0648–AW50 BERING SEA/ALEUTIAN ISLANDS American lobster fishery. KING AND TANNER CRABS Timetable: 101. AMENDMENT 16 TO THE Legal Authority: 16 USC 1801 et seq Action Date FR Cite FISHERY MANAGEMENT PLAN FOR Abstract: Amendment 27 to the Fishery ANPRM 09/19/07 72 FR 53978 THE SNAPPER GROUPER FISHERY Management Plan (FMP) would amend ANPRM Comment 10/22/07 OF THE SOUTH ATLANTIC REGION the FMP to allow processors to modify Period End Legal Authority: 16 USC 1801 use caps that limit the amount of NPRM 10/06/08 73 FR 58099 individual processor quota (IPQ) shares Abstract: The need for action through that may be used by persons processing NPRM Comment 11/20/08 Amendment 16 is to end overfishing Period End crab. Specifically, Amendment 27 of gag and vermilion snapper. Species Final Action 05/00/09 would allow persons holding IPQ in the fishery management unit are shares to process their crab at Regulatory Flexibility Analysis assessed on a routine basis and stock processing facilities they do not own Required: Yes status may change as new information through contractual arrangements with Agency Contact: Patricia A. Kurkul, becomes available. In addition, changes the facility owners to have their crab Regional Administrator, Northeast in management regulations, fishing custom processed at that facility. Any Region, NMFS, Department of techniques, and social/economic crab processed under such a custom Commerce, National Oceanic and structure can result in shifts in the processing arrangement would not be Atmospheric Administration, One percentage of harvest between user applied against the IPQ use cap of the Blackburn Drive, Gloucester, MA 01930 groups over time. More specifically, facility owners. This action is intended Phone: 978 281–9200 these proposed actions for gag and to promote the goals and objectives of vermilion snapper would: implement RIN: 0648–AV77 the Magnuson-Stevens Fishery measures to end overfishing of gag and Conservation and Management Act, the vermilion snapper; allow the Regional FMP, and other applicable law. 100. ESTABLISH A PERMIT FEE Administrator to make adjustments to Timetable: COLLECTION FRAMEWORK UNDER commercial and recreational THE FISHERY MANAGEMENT PLAN management measures based on the Action Date FR Cite reduction in harvest needed to achieve FOR U.S. WEST COAST FISHERIES NPRM 09/19/08 73 FR 54346 yield at Foy pending the outcome of FOR HIGHLY MIGRATORY SPECIES NPRM Comment 11/03/08 (HMS FMP) a new benchmark assessment for Period End vermillion snapper; specify the total Final Rule 05/00/09 Legal Authority: 16 USC 1801 allowable catch and define interim Abstract: This action would establish allocations for gag and vermilion Regulatory Flexibility Analysis the authority to collect permit fees snapper; update management reference Required: Yes under the Fishery Management Plan for points for gag and vermilion snapper; Agency Contact: Robert D. Mecum, U.S. West Coast Fisheries for Highly and reduce bycatch of snapper grouper Acting Administrator, Alaska Region, Migratory Species. This rule would species. Department of Commerce, National
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DOC—NOAA Final Rule Stage
Oceanic and Atmospheric Administration, P.O. Box 21668, 105. AMENDMENT 92 TO THE Administration, P.O. Box 21668, Juneau, AK 99802 FISHERY MANAGEMENT PLAN FOR Juneau, AK 99802 Phone: 907 586–7221 BERING SEA/ALEUTIAN ISLANDS Phone: 907 586–7221 Fax: 907 586–7249 GROUNDFISH AND AMENDMENT 82 Fax: 907 586–7249 TO THE FISHERY MANAGEMENT RIN: 0648–AW97 PLAN FOR GULF OF ALASKA RIN: 0648–AW73 GROUNDFISH 104. ATLANTIC HIGHLY MIGRATORY Legal Authority: 16 USC 1801 et seq 103. AMENDMENT 28 TO THE SPECIES (HMS); 2009 ATLANTIC Abstract: Amendments 92/82 would FISHERY MANAGEMENT PLAN FOR BLUEFIN TUNA QUOTA BERING SEA AND ALEUTIAN remove trawl gear endorsements on SPECIFICATIONS AND MANAGEMENT licenses issued under the license ISLANDS KING AND TANNER CRAB MEASURES limitation program in specific Legal Authority: 16 USC 1862; PL Legal Authority: 16 USC 971 et seq; management areas if those licenses 109–241; PL 109–479 16 USC 1801 et seq have not been used on vessels that meet minimum recent landing Abstract: This action would implement Abstract: This rule would set Atlantic requirements using trawl gear. This Amendment 28 to the Fishery action would provide exemptions to Management Plan for Bering Sea and bluefin tuna (BFT) quota specifications and seasonal management measures for this requirement for licenses that are Aleutian Islands King and Tanner Crabs used in trawl fisheries subject to quota- to allow unlimited post-delivery the 2009 fishing year (January 1, 2009- December 31, 2009), and amend the based management. This action would transfers of shares to cover overages issue new area endorsements for trawl within the crab fishing year ending BFT regulations. This action would implement the U.S. annual BFT quota catcher vessels in the Aleutian Islands June 30. Under the crab rationalization if minimum recent landing program, harvesters receive annual as recommended by the International Commission for the Conservation of requirements in the Aleutian Islands allocations of individual fishing quota were met. This action is intended to that provide an exclusive privilege to Atlantic Tunas and allocate that quota among the domestic fishing categories. promote the goals and objectives of the harvest a specific number of pounds of Magnuson-Stevens Fishery crab from a fishery. Any harvest in The seasonal management measures would set daily retention limits and Conservation and Management Act, the excess of an individual fishing quota FMPs, and other applicable law. allocation is a regulatory violation their duration for both the General and punishable by confiscation of crab or Angling categories. The annual Timetable: specification process is set forth in other penalties. Precisely estimating of Action Date FR Cite current regulations implemented under catch at sea during the fishery is Notice of Availability 12/12/08 73 FR 75659 difficult and costly due to variation in the Consolidated Highly Migratory Species Fishery Management Plan. NPRM 12/30/08 73 FR 79773 size of crab, and sorting and Notice of Availability 02/10/09 measurement requirements. Overages Other BFT regulatory amendments would be made within the framework Comment Period can result from inadvertent mistakes by End procedures of the FMP. participants attempting to accurately NPRM Comment 02/13/09 As ICCAT meets in November of the estimate catch. A provision allowing for Period End post-delivery transfer of individual prior year, the rulemaking process Final Action 05/00/09 fishing quota to cover overages could needs to be performed expeditiously in order to publish the measures as soon Regulatory Flexibility Analysis reduce the number of inadvertent Required: Yes violations, allowing for more complete as possible in the 2009 fishing year. Agency Contact: Robert D. Mecum, harvest of allocations, and reduce Timetable: enforcement costs without increasing Acting Administrator, Alaska Region, the risk of overharvest of allocations. Action Date FR Cite Department of Commerce, National Oceanic and Atmospheric Timetable: NPRM 02/18/09 74 FR 7577 NPRM Comment 03/20/09 Administration, P.O. Box 21668, Action Date FR Cite Period End Juneau, AK 99802 Final Action 04/00/09 Phone: 907 586–7221 Notice of Availability 11/25/08 73 FR 71598 Fax: 907 586–7249 NPRM 12/12/08 73 FR 75661 Final Action Effective 05/00/09 RIN: 0648–AX14 Notice of Availability 12/25/08 Regulatory Flexibility Analysis Comment Period Required: Yes End 106. ONE–FISH DAILY BAG LIMIT FOR NPRM Comment 01/26/09 Agency Contact: Alan Risenhoover, THE GUIDED SPORT CHARTER Period End Director, Office of Sustainable VESSEL FISHERY FOR HALIBUT IN Final Action 05/00/09 Fisheries, Department of Commerce, REGULATORY AREA 2C Regulatory Flexibility Analysis National Oceanic and Atmospheric Legal Authority: 16 USC 773 to 773K Required: Yes Administration, 1315 East–West Highway, Room 13362, Silver Spring, Abstract: The regulatory action would Agency Contact: Robert D. Mecum, MD 20910 implement a one-fish daily bag limit to Acting Administrator, Alaska Region, Phone: 301 713–2334 reduce the charter halibut fishery Department of Commerce, National harvest in Area 2C to the guideline Oceanic and Atmospheric RIN: 0648–AX12 harvest limit.
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Timetable: 108. ∑ 2009 ATLANTIC BLUEFISH 109. PROVIDE REGULATIONS FOR Action Date FR Cite SPECIFICATIONS PERMITS FOR CAPTURE, Legal Authority: 16 USC 1801 TRANSPORT, IMPORT, AND EXPORT NPRM 12/22/08 73 FR 78276 OF PROTECTED SPECIES FOR NPRM Comment 01/21/09 Abstract: The Mid-Atlantic Fishery PUBLIC DISPLAY, AND FOR Period End Management Council (Council) and the MAINTAINING A CAPTIVE MARINE Final Action 04/00/09 Atlantic States Marine Fisheries MAMMAL INVENTORY Final Action Effective 05/00/09 Commission manage the Atlantic Legal Authority: 16 USC 1372 (c) Regulatory Flexibility Analysis bluefish fishery jointly through the Required: Yes Atlantic Bluefish Fishery Management Abstract: This rule will revise and Plan (FMP). The FMP includes a simplify criteria and procedures Agency Contact: Robert D. Mecum, specification process that requires the specific to permits for taking, Acting Administrator, Alaska Region, Council to recommend, on an annual transporting, importing, and exporting Department of Commerce, National basis, a total allowable catch (TAC) and protected species for public display and Oceanic and Atmospheric total allowable landings (TAL) that are provide convenient formats for Administration, P.O. Box 21668, consistent with the stock rebuilding reporting marine mammal captive Juneau, AK 99802 program. The TAL is composed of a holdings and transports as required by Phone: 907 586–7221 commercial quota (allocated to the amendments made in 1994 to the Fax: 907 586–7249 states from Maine to Florida in Marine Mammal Protection Act. RIN: 0648–AX17 specified shares) and a coastwide Timetable: recreational harvest limit. The Council may also specify a research set-aside Action Date FR Cite 107. ∑ AMENDMENT 90 TO THE (RSA) quota. The FMP also requires the FISHERY MANAGEMENT PLAN FOR NPRM 07/03/01 66 FR 35209 Council to recommend annual fishing BERING SEA/ALEUTIAN ISLANDS NPRM Comment 08/22/01 66 FR 44109 measures, such as possession limits, to Period Extended GROUNDFISH AND AMENDMENT 78 assure that the recommended quotas NPRM Comment 09/04/01 TO THE FISHERY MANAGEMENT will not be exceeded. The Council has Period End PLAN FOR GULF OF ALASKA submitted proposed specifications for Comment Period 11/02/01 GROUNDFISH the 2009 Atlantic bluefish fishery. In Extended Legal Authority: 16 USC 1801 et seq. summary, the specifications propose: Final Action 07/00/09 Abstract: Amendments 90/78 would (1) A TAC for bluefish of 34.081 Regulatory Flexibility Analysis allow post-delivery transfers of million lb (an increase from 31.887 Required: Yes cooperative quota to cover overages in million lb in 2008); (2) an overall TAL of 29.356 million lb (an increase from Agency Contact: Dr. Michael Payne, the Amendment 80 Program and the Fishery Biologist, Department of Central Gulf of Alaska Rockfish 28.156 million lb in 2008); (3) zero transfer from the recreational sector to Commerce, National Oceanic and Program. This action is necessary to Atmospheric Administration, P.O. Box mitigate potential overages, reduce the commercial sector, to achieve a commercial quota of 4.991 million lb 21668, Juneau, AK 99802 enforcement costs, and provide for Phone: 907 586–7235 more precise total allowable catch (a reduction from 7.692 million lb in management. This action is intended to 2008) and a recreational harvest limit RIN: 0648–AH26 promote the goals and objectives of the of 24.366 million lb (an increase from 20.415 million lb in 2008); (4) an RSA Magnuson-Stevens Fishery 110. ATLANTIC PELAGIC LONGLINE quota of 97,750 lb (would further Conservation and Management Act, the TAKE REDUCTION PLAN FMPs, and other applicable law. reduce quota and limit above); and (5) a recreational possession limit of 15 Legal Authority: 16 USC 1361 et seq Timetable: fish. Abstract: With this action, the National Action Date FR Cite Timetable: Marine Fisheries Service implements NPRM 01/05/09 74 FR 254 the Atlantic Pelagic Longline Take Action Date FR Cite NPRM Comment 02/19/09 Reduction Plan in order to reduce Period End NPRM 03/02/09 74 FR 9072 serious injuries and mortalities of long- Final Action 06/00/09 NPRM Comment 03/17/09 finned pilot whales, short-finned pilot Final Action Effective 07/00/09 Period End whales, and Risso’s dolphins in the Final Action 05/00/09 Regulatory Flexibility Analysis Atlantic pelagic longline fishery to Required: Yes Regulatory Flexibility Analysis insignificant levels approaching a zero Required: Yes mortality and serious injury rate, Agency Contact: Robert D. Mecum, within five years of its implementation. Acting Administrator, Alaska Region, Agency Contact: Patricia A. Kurkul, The proposed plan is based on Department of Commerce, National Regional Administrator, Northeast consensus recommendations draft plan Oceanic and Atmospheric Region, NMFS, Department of was by the Atlantic Pelagic Longline Administration, P.O. Box 21668, Commerce, National Oceanic and Take Reduction Team (Team) and Juneau, AK 99802 Atmospheric Administration, One includes both regulatory and non- Phone: 907 586–7221 Blackburn Drive, Gloucester, MA 01930 regulatory measures. Regulatory Fax: 907 586–7249 Phone: 978 281–9200 measures include: (1) Limiting the RIN: 0648–AX25 RIN: 0648–AX49 mainline length to 20 nautical miles or
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less within the Mid-Atlantic Bight; (2) be solicited during a 60-day comment Timetable: designating a special research area period. A draft economic analysis and Action Date FR Cite offshore of Cape Hatteras, NC; and (3) Section 4(b)(2) report will be conducted requiring all pelagic longline vessels in support of this proposed rule. NPRM 09/05/08 73 FR 51747 post an informational placards on NPRM Comment 11/04/08 Timetable: careful handling and release of marine Period End mammals in the wheelhouse and Action Date FR Cite Final Action 11/00/09 working decks of the vessel. Non- NPRM 11/20/08 73 FR 70290 Regulatory Flexibility Analysis regulatory measures of the plan Notice 12/09/08 73 FR 74681 Required: Yes include: (1) Providing for 12-15 percent NPRM Comment 01/20/09 observer coverage throughout all Period End Agency Contact: James H. Lecky, Atlantic pelagic longline fisheries that Notice—Reopen 01/29/09 74 FR 5141 Director, Office of Protected Resources, interact with pilot whales or Risso’s Comment Period Department of Commerce, National dolphins; (2) encouraging vessel Comment Period End 02/13/09 Oceanic and Atmospheric operators throughout the fishery to Final Action 05/00/09 Administration, 1315 East–West maintain daily communications with Highway, Silver Spring, MD 20910 other local vessel captains; (3) updating Regulatory Flexibility Analysis Phone: 301 713–2332 guidelines for careful handling and Required: Yes Fax: 301 427–2520 release of entangled or hooked marine Agency Contact: Shelley L. Norton, Email: [email protected] mammals; and (4) distributing quarterly Smalltooth Sawfish and Johnson’s RIN: 0648–AW77 reports of bycatch of marine mammals Seagrass Coordinator, Department of in the pelagic longline fishery to the Commerce, National Oceanic and Team. Atmospheric Administration, 253 13th 113. RULEMAKING TO DESIGNATE Timetable: Avenue South, St. Petersburg, FL 33701 CRITICAL HABITAT FOR THE Phone: 727 551–5781 THREATENED SOUTHERN DISTINCT Action Date FR Cite Fax: 727 524–5309 POPULATION SEGMENT OF NORTH NPRM 06/24/08 73 FR 35623 Email: [email protected] AMERICAN GREEN STURGEON NPRM Comment 09/22/08 Period End RIN: 0648–AV74 Legal Authority: 16 USC 1531 et seq Final Action 05/00/09 Abstract: Under section 4 of the Final Rule Effective 06/00/09 112. RULEMAKING TO DESIGNATE Endangered Species Act (ESA), the Regulatory Flexibility Analysis CRITICAL HABITAT FOR THE GULF Secretary of Commerce (Secretary) shall Required: Yes OF MAINE DISTINCT POPULATION designate critical habitat for species SEGMENT OF ATLANTIC SALMON Agency Contact: Kristy Long, Fisheries listed as threatened or endangered. This Biologist, Department of Commerce, Legal Authority: 16 USC 1531 et seq rulemaking would designate critical National Oceanic and Atmospheric habitat for the threatened Southern Abstract: Under section 4 of the Administration, 1315 East–West Distinct Population Segment of North Endangered Species Act (ESA), the Highway, Room 13738, Silver Spring, American green sturgeon (Southern Secretary of Commerce (Secretary) shall MD 20910 DPS), including: the Sacramento River, designate critical habitat for species Phone: 301 713–2322 lower Feather River, and lower Yuba listed as threatened or endangered. This Fax: 301 427–2522 River in California; the Sacramento-San rulemaking would designate critical Email: [email protected] Joaquin Delta and Suisun, San Pablo, habitat in 45 specific areas occupied by and San Francisco Bays in California; RIN: 0648–AV65 Atlantic salmon at the time of listing certain coastal bays and estuaries in that comprise approximately 203,781 California, Oregon, and Washington; 111. DESIGNATION OF CRITICAL km of perennial river, stream, and and coastal marine waters within 110 HABITAT FOR THE ENDANGERED estuary habitat and 868 square km of m depth off California, Oregon, and U.S. DISTINCT POPULATION lake habitat within the range of the Washington. A draft economic analysis, SEGMENT (DPS) OF GUIDED Gulf of Maine’s distinct population biological report, and ESA section SMALLTOOTH SAWFISH segment and on which are found those 4(b)(2) analysis report in support of the physical and biological features proposed rulemaking will be available Legal Authority: 16 USC 1531 et seq essential to the conservation of the for public review and comment. Abstract: This action would designate species. A draft economic analysis, critical habitat for the U.S. DPS of biological report, and ESA section Timetable: smalltooth sawfish, which was listed as 4(b)(2) analysis report in support of the Action Date FR Cite endangered on April 1, 2003. The proposed rulemaking will be available NPRM 09/08/08 73 FR 52084 designation would be located in for public review and comment. We Notice of Public 10/07/08 73 FR 58527 Florida, within the current geographic solicit comments from the public Workshop; range of the species. Comments from regarding the proposed rulemaking, Correction to a the public on the proposal, including including comments on economic, Proposed Rule— information on the economic impacts, national security, or other relevant 10/16/2008 national security, and other relevant impacts, as well as the benefits of the NPRM Comment 11/07/08 documents, as well as the benefits to designation to Gulf of Maine Atlantic Period End the species from the designation will salmon. Final Action 06/00/09
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Regulatory Flexibility Analysis Department of Commerce, National Phone: 301 713–2332 Required: Yes Oceanic and Atmospheric Fax: 301 427–2520 Agency Contact: James H. Lecky, Administration, 1315 East–West Email: [email protected] Director, Office of Protected Resources, Highway, Silver Spring, MD 20910 RIN: 0648–AX04
Department of Commerce (DOC) Completed Actions National Oceanic and Atmospheric Administration (NOAA)
114. REQUIRE MANDATORY rockfish in the BSAI and GOA. Timetable: OBSERVER COVERAGE IN THE Regulatory amendments are needed to Action Date FR Cite AT–SEA PROCESSING SECTOR OF implement these FMP amendments to THE WHITING FISHERY remove dark rockfish from Table 2a of Notice 07/20/06 71 FR 41207 Notice of Availability 06/06/08 73 FR 32281 Legal Authority: 16 USC 1801 et seq 50 CFR part 679 (FMP species) and to add dark rockfish to Table 2d of 50 NPRM 07/16/08 73 FR 40824 Abstract: This action amends the CFR part 679 (non-FMP species). The NPRM Comment 08/15/08 regulations implementing the Pacific regulations implementing Amendment Period End Coast Groundfish Fishery Management 73/77 also would revise the scientific Final Action 01/13/09 74 FR 1621 Plan to provide for a mandatory, vessel- name and species code for dusky Regulatory Flexibility Analysis financed observer program on at-sea rockfish on Table 2a to 50 CFR part Required: Yes processing vessels. 679. Agency Contact: Roy Crabtree, Timetable: Timetable: Regional Administrator, Southeast Action Date FR Cite Action Date FR Cite Region, Department of Commerce, National Oceanic and Atmospheric NPRM 09/10/03 68 FR 53334 NPRM 09/24/08 73 FR 55010 Administration, 263 Thirteenth Avenue NPRM Comment 10/10/03 NPRM Comment 11/17/08 South, St. Petersburg, FL 33701 Period End Period End Phone: 727 570–5305 Final Rule 05/11/04 69 FR 31751 Final Action 12/31/08 73 FR 80307 Fax: 727 570–5583 Interim Final Rule 06/07/04 69 FR 31751 Regulatory Flexibility Analysis Interim Final Rule 07/07/04 Email: [email protected] Required: Yes Comment Period RIN: 0648–AU28 End Agency Contact: Robert D. Mecum, Final Action 07/07/04 69 FR 31751 Acting Administrator, Alaska Region, Department of Commerce, National 117. FRAMEWORK 4 TO THE FISHERY Regulatory Flexibility Analysis MANAGEMENT PLAN FOR MONKFISH Required: Yes Oceanic and Atmospheric Administration, P.O. Box 21668, Legal Authority: 16 USC 1801 et seq Agency Contact: Thom Barry, Regional Juneau, AK 99802 Abstract: This framework adjustment Administrator, Northwest Region, Phone: 907 586–7221 would establish target TACs of 5,000 NMFS, Department of Commerce, Fax: 907 586–7249 National Oceanic and Atmospheric mt and 5,100 mt for the Northern RIN: 0648–AU20 Administration, 7600 Sand Point Way Fishery Management Area (NFMA) and NE., Building 1, Seattle, WA Southern Fishery Management Area 48115–0070 116. AMENDMENT 14 TO THE (SFMA), respectively, for the final 3 Phone: 206 526–6150 FISHERY MANAGEMENT PLAN FOR years of the rebuilding plan (FY 2007- Fax: 206 526–6426 THE SNAPPER–GROUPER FISHERY FY 2009), unless otherwise modified by OF THE SOUTH ATLANTIC REGION the Monkfish Monitoring Committee RIN: 0648–AK26 (MFMC) during their annual review Legal Authority: 16 USC 1801 et seq process. Essentially, this framework 115. BERING SEA AND ALEUTIAN Abstract: Amendment 14 would adjustment would remove the ISLANDS AMENDMENT 73 AND GULF establish a series of 8 Type II Marine Framework 2 control rule and replace OF ALASKA AMENDMENT 77 Protected Areas (MPAs) in federal it with target TACs that were developed GROUNDFISH FISHERY waters in the South Atlantic. The MPAs based upon an analysis conducted by MANAGEMENT PLANS TO REVISE range in size from 8 square nautical the Monkfish Plan Development Team MANAGEMENT AUTHORITY OF DARK miles to 150 square nautical miles, and (PDT). This framework would also ROCKFISH would be distributed from North implement monkfish Days-at-Sea Carolina south to the Florida Keys. requirements for vessels fishing in the Legal Authority: 16 USC 1801 et seq Within the MPAs, fishing for, or NFMA, and addresses other minor Abstract: This amendment would retention of, species in the snapper issues raised by industry. remove dark rockfish (Sebastes ciliatus) grouper management complex would be Timetable: from the Bering Sea and Aleutian prohibited, as would the use of shark Islands (BSAI) and Gulf of Alaska bottom longline fishing gear. Trolling Action Date FR Cite (GOA) groundfish fishery management for pelagic species such as tuna, Proposed Rule and 03/20/07 72 FR 13069 plans (FMP). The State of Alaska would dolphin, and mackerel would be Proposed Interim then assume management of dark allowed within the MPAs. Rule
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Action Date FR Cite Abstract: The National Marine Timetable: Fisheries Service announces the 2007 Action Date FR Cite NPRM Comment 04/19/07 conservation and management Period End measures for international tuna NPRM 06/03/08 73 FR 31669 Interim Final Rule 04/27/07 72 FR 20952 fisheries in the eastern tropical Pacific NPRM Comment 07/03/08 Final Rule 09/21/07 72 FR 53942 Ocean. The purse seine fishery will be Period End Interim Final Rule 10/22/07 closed for six weeks from August 1, Comment Period 07/07/08 73 FR 38387 Comment Period Extended 2007, to September 11, 2007, and any End Comment Period Ends 08/06/08 national longline fishery that reaches a Final Rule 11/18/08 73 FR 68355 Regulatory Flexibility Analysis catch level for bigeye tuna equal to the Required: Yes 2001 catch levels will also be closed. Regulatory Flexibility Analysis Agency Contact: Patricia A. Kurkul, The intended effect of this rule is to Required: Yes Regional Administrator, Northeast limit fishing mortality caused by purse Agency Contact: Roy Crabtree, Region, NMFS, Department of seine fishing and longline fishing in the Regional Administrator, Southeast Commerce, National Oceanic and ETP, and to contribute to long-term Region, Department of Commerce, Atmospheric Administration, One conservation of the tuna stocks at levels National Oceanic and Atmospheric Blackburn Drive, Gloucester, MA 01930 that support healthy fisheries. This will Administration, 263 Thirteenth Avenue Phone: 978 281–9200 conform to the Inter-American Tropical South, St. Petersburg, FL 33701 RIN: 0648–AU34 Tuna Commission recommendation that Phone: 727 570–5305 was approved by the State Department. Fax: 727 570–5583 Email: [email protected] 118. AMENDMENT 15 TO THE Timetable: RIN: 0648–AV14 SUMMER FLOUNDER, SCUP, AND Action Date FR Cite BLACK SEA BASS FISHERY MANAGEMENT PLAN NPRM 02/26/07 72 FR 8333 122. FISHERIES IN THE WESTERN NPRM Comment 03/28/07 Legal Authority: 16 USC 1801 et seq PACIFIC; BOTTOMFISH AND Period End SEAMOUNT GROUNDFISH Abstract: Amendment 15 would Final Rule 06/04/07 72 FR 30711 FISHERIES; MANAGEMENT address allocation and other issues in MEASURES FOR THE NORTHERN the summer flounder, scup, and black Regulatory Flexibility Analysis MARIANA ISLANDS sea bass fisheries. Required: Yes Legal Authority: 16 USC 1801 et seq Timetable: Agency Contact: Mark Helvey, Abstract: Amendment 10 to the fishery Action Date FR Cite Assistant Regional Administrator for Sustainable Fisheries, Department of management plan for Bottomfish and Withdrawn 04/30/09 Commerce, National Oceanic and Seamount Groundfish Fisheries in the Regulatory Flexibility Analysis Atmospheric Administration, 501 West Western Pacific would establish Federal Required: Yes Ocean Boulevard, Long Beach, CA permitting and reporting requirements, closed areas, and vessel monitoring Agency Contact: Patricia A. Kurkul, 90802 system requirements, for commercial Regional Administrator, Northeast Phone: 562 980–4040 bottomfish fishing in the Region, NMFS, Department of RIN: 0648–AU79 Commonwealth of the Northern Commerce, National Oceanic and Mariana Islands. Atmospheric Administration, One Blackburn Drive, Gloucester, MA 01930 121. REVISION TO ALLOWABLE Timetable: Phone: 978 281–9200 BYCATCH REDUCTION DEVICES FOR Action Date FR Cite RIN: 0648–AU36 THE GULF OF MEXICO SHRIMP FISHERY Notice of Availability 08/20/08 73 FR 49157 NPRM 09/08/08 73 FR 51992 119. APPROVAL OF OPERATIONS Legal Authority: 16 USC 1801 et seq NOA Comment Period 10/20/08 End PLAN FOR THE GEORGES BANK Abstract: In accordance with the FIXED GEAR SECTOR FOR 2007–2008 NPRM Comment 10/23/08 framework procedures for adjusting Period End Timetable: management measures of the Fishery Final Action 12/12/08 73 FR 75615 Action Date FR Cite Management Plan for the Shrimp Final Action— 04/06/09 74 FR 15373 Fishery of the Gulf of Mexico (FMP), Collection of Duplicate of 0648- 02/05/09 the National Marine Fisheries Service Information AV22 proposes to decertify the expanded Approval RIN: 0648–AU61 mesh bycatch reduction device (BRD), Final Action 05/06/09 the Gulf fisheye BRD, and to revise the Effective— Collection of 120. RESTRICTIONS FOR 2007 PURSE allowable configuration of the fisheye Information SEINE AND LONGLINE FISHERIES IN BRD for use in the Gulf of Mexico Approval shrimp fishery. The intended effect of THE EASTERN TROPICAL PACIFIC Regulatory Flexibility Analysis OCEAN this rule is to improve bycatch reduction in the shrimp fishery and Required: Yes Legal Authority: 16 USC 951 to 961; better meet the requirements of national Agency Contact: Alvin Katekaru, 16 USC 971 standard 9. Assistant Regional Administrator,
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Sustainable Fisheries, Department of 124. RULE TO IMPLEMENT A Abstract: This regulation would require Commerce, National Oceanic and MINIMUM POSSESSION SIZE LIMIT domestic fishing vessels to have a U.S. Atmospheric Administration, 1601 ON SPINY LOBSTER (PANULIRUS Coast Guard-approved pilot ladder on Kapiolani Boulevard, Honolulu, HI ARGUS) board as a safer means for authorized 96814 personnel to board the vessels in Legal Authority: 16 USC 1801 Phone: 808 944–2207 carrying out their duties under the RIN: 0648–AV28 Abstract: The United States is a major Magnuson-Stevens Fishery importer of spiny lobster from the Conservation and Management Act, the Caribbean, importing more than 88,000 Atlantic Tunas Convention Act and 123. GUIDANCE FOR ANNUAL CATCH tons (over 194 million lbs) over the past other applicable laws. This action is LIMITS AND ACCOUNTABILITY 10 years, worth an estimated $2.27 necessary to provide for the safety of MEASURES TO END OVERFISHING billion dollars. The United States personnel boarding domestic fishing Legal Authority: 16 USC 1853 imports over 90 percent of the spiny vessels, as current standards have lobster harvested in Brazil, Colombia, proven to be inadequate. This action Abstract: Section 104(b) of the Central America and the Caribbean would establish a safer and more Magnuson-Stevens Fishery countries. The major exporters to the enforceable national standard for Conservation and Management United States are the Bahamas, Brazil, ladders used by authorized officers for Reauthorization Act of 2006 (MSRA), Honduras and Nicaragua. All of these boarding domestic fishing vessels requires that in fishing year 2010, for exporting countries have some form of subject to Federal regulation. fisheries determined by the Secretary to minimum size requirement, but they Timetable: be subject to overfishing, and in fishing are not standardized and enforcement year 2011, for all other fisheries, that is severely lacking. Therefore, NOAA Action Date FR Cite fishery management plans establish Fisheries Service in coordination with NPRM 12/11/07 72 FR 70286 annual catch limits (ACLs), including the Caribbean, South Atlantic, and Gulf NPRM Comment 01/10/08 regulations and annual specifications, of Mexico Fishery Management Period End at a level such that overfishing does Councils is proposing to place a Second NPRM 01/25/08 73 FR 4514 not occur in a fishery, including minimum size limit restriction on Second NPRM 02/25/08 measures to ensure accountability. imports to curtail the flow of Comment Period The National Marine Fisheries Service undersized lobster harvested in foreign End intends to prepare guidance on how to countries. Final Action 11/17/08 73 FR 67805 establish adequate ACLs and AMs by Final Action Effective 01/01/09 Timetable: revising its National Standard 1 (NS1) Date guidelines at 50 CFR 600.310. This is Action Date FR Cite Regulatory Flexibility Analysis because NS1 of the Magnuson-Stevens Notice of Intent 07/26/07 72 FR 41063 Required: Yes Act states that ‘‘Conservation and Notice of Availability 10/15/08 73 FR 61015 Agency Contact: Alan Risenhoover, management measures shall prevent NPRM 10/29/08 73 FR 64295 Director, Office of Sustainable overfishing while achieving, on a NPRM Comment 12/15/08 Fisheries, Department of Commerce, continuing basis, the optimum yield Period End National Oceanic and Atmospheric from each fishery for the United States Final Action 01/12/09 74 FR 1148 Administration, 1315 East–West fishing industry.’’ Regulatory Flexibility Analysis Highway, Room 13362, Silver Spring, Timetable: Required: Yes MD 20910 Action Date FR Cite Phone: 301 713–2334 Agency Contact: Roy Crabtree, RIN: 0648–AV78 NPRM 06/09/08 73 FR 32526 Regional Administrator, Southeast Notice 06/26/08 73 FR 36300 Region, Department of Commerce, NRPM Comment 08/13/08 73 FR 47125 National Oceanic and Atmospheric 126. GULF REEF FISH AMENDMENT Period Extended Administration, 263 Thirteenth Avenue 30B NPRM Comment 09/08/08 South, St. Petersburg, FL 33701 Legal Authority: 16 USC 1801 Period End Phone: 727 570–5305 NRPM Comment 09/22/08 Fax: 727 570–5583 Abstract: Amendment 30B addresses Period End Email: [email protected] the findings of Gulf of Mexico red Final Action 01/16/09 74 FR 3178 grouper and gag stock assessments. Red Regulatory Flexibility Analysis RIN: 0648–AV61 grouper is not undergoing overfishing Required: Yes and is not overfished. Gag is undergoing overfishing and whether Agency Contact: Alan Risenhoover, 125. GENERAL PROVISIONS FOR DOMESTIC FISHERIES; gag is overfished is still being Director, Office of Sustainable determined. This action incorporates Fisheries, Department of Commerce, SPECIFICATIONS FOR BOARDING LADDERS both red grouper and gag management National Oceanic and Atmospheric measures together as the measures Administration, 1315 East–West Legal Authority: 16 USC 1801 et seq; affecting one species invariably affect Highway, Room 13362, Silver Spring, 16 USC 2431 et seq; 16 USC 3636(b); the other. The amendment would MD 20910 16 USC 5501 et seq; 16 USC 773 et implement management measures to Phone: 301 713–2334 seq; 16 USC 951 to 961; 16 USC 973 increase red grouper total allowable RIN: 0648–AV60 to 973r; 16 USC 971 et seq catch and to end overfishing of gag.
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DOC—NOAA Completed Actions
The amendment also proposes with historic participation in those Fax: 907 586–7249 definitions for gag status criteria and particular sectors. RIN: 0648–AW40 reference points. The amendment also Timetable: examines grouper accountability measures, closed fishing areas, and Action Date FR Cite 130. REVISIONS TO THE POLLOCK ways to reduce discard mortality. NPRM 07/11/08 73 FR 39930 TRIP LIMIT REGULATIONS IN THE Timetable: NPRM Comment 08/11/08 GULF OF ALASKA Period End Legal Authority: 16 USC 1801 et seq Action Date FR Cite Final Action 03/10/09 74 FR 10189 Notice 03/07/08 73 FR 12393 Correction 03/20/09 74 FR 11880 Abstract: This regulatory action revises Notice of Availability 10/28/08 73 FR 63932 Correction Effective 04/09/09 the current pollock trip limit regulation to prohibit a catcher vessel from NPRM 11/18/08 73 FR 68390 Regulatory Flexibility Analysis retaining more than 136 mt (300,000 lb) Interim Final Rule 12/02/08 73 FR 73219 Required: Yes Notice of Availability 12/29/08 of unprocessed pollock during a NPRM Comment 01/02/09 Agency Contact: Frank Lockhart, calendar day, and landing more than Period End Program Analyst, Department of 136 mt (300,000 lb) of pollock during Final Action 04/16/09 74 FR 17603 Commerce, National Oceanic and a fishing trip. The National Marine Final Action Effective 05/18/09 Atmospheric Administration, 7600 Fisheries Service also proposes to Sand Point Way NE., Seattle, WA Regulatory Flexibility Analysis prohibit a vessel from landing a 98115 cumulative amount of unprocessed Required: Yes Phone: 206 526–6142 pollock from any Gulf of Alaska (GOA) Agency Contact: Roy Crabtree, Email: [email protected] reporting area that exceeds 136 mt Regional Administrator, Southeast RIN: 0648–AW08 (300,000 lb) times the number of days Region, Department of Commerce, the pollock fishery is open to directed National Oceanic and Atmospheric fishing in a season. The objective of Administration, 263 Thirteenth Avenue 129. REVISE MAXIMUM RETAINABLE this rule is to prevent certain pollock South, St. Petersburg, FL 33701 AMOUNTS (MRA) OF GROUNDFISH IN catch and delivery practices that allow Phone: 727 570–5305 THE GULF OF ALASKA some vessels to circumvent the intent Fax: 727 570–5583 ARROWTOOTH FLOUNDER FISHERY of current trip limit regulations. These Email: [email protected] Legal Authority: 16 USC 1801 et seq delivery practices have caused seasonal pollock quotas to be exceeded, and if RIN: 0648–AV80 Abstract: This regulatory amendment allowed to continue could conflict with would revise the maximum retainable Steller sea lion protection measures amounts (MRAs) of groundfish using 127. AMENDMENT 3 TO THE FISHERY under Endangered Species Act (ESA) arrowtooth flounder as a basis species MANAGEMENT PLAN FOR THE SPINY that are intended to disperse pollock in the Gulf of Alaska. MRAs for deep- LOBSTER FISHERY OF PUERTO RICO catches in the GOA. These delivery water flatfish, rex sole, flathead sole, AND THE U.S. VIRGIN ISLANDS AND practices have caused seasonal pollock shallow-water flatfish, Atka mackerel, AMENDMENT 4 TO THE REEF FISH quotas to be exceeded, and if allowed and skates would be increased from 0 FISHERY MANAGEMENT PLAN OF to continue could conflict with Steller percent to 20 percent; the MRA for PUERTO RICO AND THE U.S. sea lion protection measures under ESA aggregated rockfish would be increased Timetable: that are intended to disperse pollock from 0 percent to 5 percent; and the catches in the GOA. Current regulations Action Date FR Cite MRA for sablefish would be increased in the pollock directed fishery prohibit from 0 percent to 1 percent for Duplicate of 0648- 02/05/09 catcher vessels from exceeding a catch sablefish. This action would reduce AV61 of 136 mt (300,000 lb) of pollock in regulatory discards of otherwise RIN: 0648–AV98 a fishing trip. Since trip limits were marketable groundfish in the implemented in 1999, these regulations arrowtooth flounder fishery. have become less effective, as multiple 128. AMENDMENT 15 TO THE PACIFIC Timetable: trips during a day and partial offloads COAST GROUNDFISH FISHERY of pollock product during a trip have MANAGEMENT PLAN: LIMITED Action Date FR Cite allowed for increasing amounts of ENTRY PROGRAM FOR THE PACIFIC NPRM 11/25/08 73 FR 71592 pollock to be caught in some areas of WHITING FISHERY NPRM Comment 12/26/08 the GOA. Amending the current trip Period End Legal Authority: 16 USC 1801 et seq limit regulation to limit legal Final Action 03/27/09 74 FR 13348 Abstract: Amendment 15 to the Pacific opportunities for a vessel to exceed 136 Coast Groundfish FMP would Regulatory Flexibility Analysis mt (300,000 lb) of pollock caught in implement a limited entry program for Required: Yes a day, would continue to disperse the Pacific whiting fishery, which Agency Contact: Robert D. Mecum, catches of pollock in a manner that is occurs within the Exclusive Economic Acting Administrator, Alaska Region, consistent with the intent of Steller sea Zone off the coasts of Washington, Department of Commerce, National lion protection measures in the GOA. Oregon, and California. This action Oceanic and Atmospheric Timetable: would limit future participation in each Administration, P.O. Box 21668, of the three non-tribal sectors of the Juneau, AK 99802 Action Date FR Cite Pacific whiting fishery to those vessels Phone: 907 586–7221 NPRM 10/20/08 73 FR 62241
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Action Date FR Cite Email: [email protected] 133. INTERIM ACTION TO REDUCE FISHING MORTALITY AND MAINTAIN NPRM Comment 11/19/08 RIN: 0648–AW68 STOCK REBUILDING; NORTHEAST Period End MULTISPECIES FISHERY Final Action 04/21/09 74 FR 18156 132. REFERENDUM PROCEDURES Final Action Effective 05/21/09 Legal Authority: 16 USC 1801 et seq FOR A POTENTIAL GULF OF MEXICO Regulatory Flexibility Analysis GROUPER AND TILEFISH INDIVIDUAL Abstract: The FMP requires fishing Required: Yes FISHING QUOTA (IFQ) PROGRAM mortality reductions to be implemented Agency Contact: Robert D. Mecum, May 1, 2009, as a part of the rebuilding Legal Authority: 16 USC 1801 et seq Acting Administrator, Alaska Region, plan specified under Amendment 13 to Department of Commerce, National Abstract: Grouper and tilefish species the FMP, and if additional reductions Oceanic and Atmospheric in the Gulf of Mexico are managed in fishing mortality are necessary as a Administration, P.O. Box 21668, under the reef fish fishery management result of stock assessments that will Juneau, AK 99802 plan. Past management practices under occur in August 2008. The New Phone: 907 586–7221 the plan have contributed to England Fishery Management Council Fax: 907 586–7249 overcapitalization in these fisheries, is currently developing Amendment 16 RIN: 0648–AW54 which the Council now seeks to to the FMP that, if approved, would address. The Council is considering an implement management measures to IFQ program to further control effort in achieve the necessary fishing mortality 131. AMENDMENT TO THE the commercial grouper and tilefish reductions to meet the required BOTTLENOSE DOLPHIN TAKE fisheries in the Gulf of Mexico. Under objectives of the FMP, as well as other REDUCTION PLAN the Magnuson-Stevens Fishery extensive modifications to the FMP. Legal Authority: 16 USC 1361 et seq Conservation and Management Act However, due to the scope and (Magnuson-Stevens Act), NOAA’s Abstract: The National Marine complexity of Amendment 16, it is National Marine Fisheries Service must likely that the development the Fisheries Service (NMFS) amends the conduct a referendum to determine Amendment may be behind schedule Bottlenose Dolphin Take Reduction whether an IFQ program, as ultimately and not be implemented by May 1, Plan’s (BDTRP) implementing developed, should be submitted to the 2009. Therefore, due to the need to regulations by extending, for an Secretary of Commerce for review, additional three years, fishing approval, and implementation. This meet the rebuilding goals of the FMP restrictions expiring on May 26, 2009. proposed rule would provide potential by May 1, 2009, an interim action is This action will continue, without referendum participants information being developed by NOAA’s National modification, current nighttime fishing concerning the schedule, procedures, Marine Fisheries Service. This interim restrictions of medium mesh gillnets and eligibility requirements for action would be more narrow in scope operating in the North Carolina portion participating in the referendum. The than Amendment 16 and focus on the of the Winter-Mixed Management Unit intended effect of this proposed rule is required adjustments to the FMP, and during the winter. Members of the to implement the requirements of the include a measure that would provide Bottlenose Dolphin Take Reduction Magnuson-Stevens Act for flexibility to the industry and mitigate Team (BDTRT) recommended these implementing an IFQ program in the negative economic impacts. This action regulations be extended for an Gulf of Mexico. would remain in effect until additional three years to ensure Amendment 16 is implemented, which continued conservation of the Western Timetable: is expected no later than May 1, 2010. North Atlantic coastal bottlenose Action Date FR Cite dolphin stock, should a directed spiny Timetable: dogfish fishery reemerge in North NPRM 09/04/08 73 FR 51617 Action Date FR Cite Carolina. NPRM Comment 10/06/08 Period End Timetable: NPRM 01/16/09 74 FR 2959 Final Action 10/30/08 73 FR 64562 NPRM Comment 02/17/09 Action Date FR Cite Final Action Effective 12/01/08 Period End NPRM 08/22/08 73 FR 49634 Final Action 04/13/09 74 FR 17030 Regulatory Flexibility Analysis NPRM Comment 09/22/08 Period End Required: Yes Regulatory Flexibility Analysis Required: Yes Final Action 12/19/08 73 FR 77531 Agency Contact: Roy Crabtree, Final Action Effective 01/20/09 Regional Administrator, Southeast Agency Contact: Patricia A. Kurkul, Regulatory Flexibility Analysis Region, Department of Commerce, Regional Administrator, Northeast Required: Yes National Oceanic and Atmospheric Region, NMFS, Department of Administration, 263 Thirteenth Avenue Commerce, National Oceanic and Agency Contact: Melissa Andersen, South, St. Petersburg, FL 33701 Atmospheric Administration, One Department of Commerce, National Phone: 727 570–5305 Oceanic and Atmospheric Blackburn Drive, Gloucester, MA 01930 Fax: 727 570–5583 Administration, 1315 East–West Phone: 978 281–9200 Email: [email protected] Highway, Silver Spring, MD 20910 RIN: 0648–AW87 Phone: 301 713–2322 RIN: 0648–AW85
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DOC—NOAA Completed Actions
134. SEABIRD AVOIDANCE habitat may be enforced. Evidence 137. FISHERIES IN THE WESTERN REQUIREMENTS REVISIONS FOR suggests that the dinglebar fishery for PACIFIC; BOTTOMFISH AND HOOK–AND–LINE VESSELS IN lingcod occurs at shallower depth than SEAMOUNT GROUNDFISH INTERNATIONAL PACIFIC HALIBUT where these sensitive corals occur. The FISHERIES; MAIN HAWAIIAN COMMISSION REGULATORY AREA 4E cost of purchasing and maintaining a ISLANDS; 2008–09 BOTTOMFISH Legal Authority: 16 USC 1801 et seq VMS is therefore not warranted for this TOTAL ALLOWABLE CATCH fishery. Abstract: NMFS takes this action to Timetable: revise the seabird avoidance regulations Timetable: Action Date FR Cite for the hook-and-line fishery for Action Date FR Cite Duplicate of 0648- 11/04/08 groundfish and halibut in the XL64 International Pacific Halibut NPRM 10/03/08 73 FR 57585 RIN: 0648–AX22 Commission regulatory area 4E of the NPRM Comment 11/03/08 Bering Sea. This action would Period End eliminate seabird avoidance Final Action 01/21/09 74 FR 3446 138. ∑ MAGNUSON–STEVENS ACT requirements for hook-and-line vessels Correction 04/14/09 74 FR 17113 PROVISIONS; FISHERIES OFF WEST less than or equal to 55 feet length COAST STATES; PACIFIC COAST overall in portions of Area 4E. This Regulatory Flexibility Analysis GROUNDFISH FISHERY; 2009–2010 action is necessary to revise seabird Required: Yes BIENNIAL SPECIFICATIONS AND avoidance regulations based on the MANAGEMENT MEASURES latest scientific information regarding Agency Contact: Robert D. Mecum, the location of seabirds and fishing Acting Administrator, Alaska Region, Legal Authority: 16 USC 1801 activities and to reduce unnecessary Department of Commerce, National Abstract: This final rule establishes the regulatory burdens and associated Oceanic and Atmospheric 2009-2010 Groundfish Management costs. Administration, P.O. Box 21668, Measures and Specifications. Timetable: Juneau, AK 99802 Timetable: Phone: 907 586–7221 Action Date FR Cite Action Date FR Cite Fax: 907 586–7249 NPRM 01/16/09 74 FR 2984 NPRM 12/31/08 73 FR 80516 NPRM Comment 02/17/09 RIN: 0648–AX01 NPRM Comment 01/30/09 Period End Period End Final Action 03/27/09 74 FR 13355 Final Action 03/06/09 74 FR 9874 136. 2009 ATLANTIC MACKEREL, Regulatory Flexibility Analysis SQUID, AND BUTTERFISH Regulatory Flexibility Analysis Required: Yes SPECIFICATIONS AND MANAGEMENT Required: Yes Agency Contact: Robert D. Mecum, MEASURES Agency Contact: Thom Barry, Regional Acting Administrator, Alaska Region, Administrator, Northwest Region, Department of Commerce, National Legal Authority: 16 USC 1801 NMFS, National Oceanic and Oceanic and Atmospheric Atmospheric Administration, 7600 Abstract: This action would establish Administration, P.O. Box 21668, Sand Point Way NE., Building 1, 2009 specifications and management Juneau, AK 99802 Seattle, WA 98115 Phone: 907 586–7221 measures for the mackerel, squid, and Phone: 206 526–4323 Fax: 907 586–7249 butterfish fisheries. Fax: 206 526–6736 RIN: 0648–AW94 Timetable: RIN: 0648–AX24 Action Date FR Cite 135. REGULATORY AMENDMENT TO 139. ∑ 2009 PACIFIC HALIBUT NPRM 11/17/08 73 FR 67829 EXEMPT DINGLEBAR FISHERMEN IN FISHERIES; CATCH SHARING PLAN THE GULF OF ALASKA FROM NPRM Comment 12/17/08 Period End Legal Authority: 16 USC 1801 VESSEL MONITORING SYSTEM REQUIREMENTS Final Rule 02/06/09 74 FR 6244 Abstract: NMFS proposes to approve Final Rule Effective 03/09/09 and implement changes to the Pacific Legal Authority: 16 USC 1801 et seq; Halibut Catch Sharing Plan (Plan) for 16 USC 3631 et seq; 16 USC 773 et Regulatory Flexibility Analysis the International Pacific Halibut seq; PL 108–447 Required: Yes Commission’s (IPHC or Commission) Abstract: This action would exempt Agency Contact: Patricia A. Kurkul, regulatory Area 2A off Washington, vessels with Federal fishing permits Regional Administrator, Northeast Oregon, and California (Area 2A). and with dinglebar gear onboard in the NMFS proposes to implement the Region, NMFS, Department of Gulf of Alaska from vessel monitoring portions of the Plan and management Commerce, National Oceanic and system (VMS) requirements. All measures that are not implemented Atmospheric Administration, One federally permitted vessels, including through the IPHC, which includes tribal dinglebar fishermen fishing for lingcod Blackburn Drive, Gloucester, MA 01930 regulations and the sport fishery in the Gulf of Alaska, are currently Phone: 978 281–9200 allocations and management measures required to carry a VMS so that RIN: 0648–AX16 for Area 2A. These actions are intended regulations to protect sensitive coral to enhance the conservation of Pacific
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DOC—NOAA Completed Actions
halibut, to provide greater angler an inspection meeting. Then, the ranges of these species that are under opportunity where available, and to fisherman must meet NMFS and allow U.S. jurisdiction, including areas in protect yelloweye rockfish and other for the inspection of his or her gear Southeast Florida, Puerto Rico, and the overfished groundfish species from to ensure the modified leader meets the U.S. Virgin Islands. Comments from the incidental catch in the halibut fisheries. definition of a modified pound net public on all aspects of the proposal, Timetable: leader, as described in the regulations. including information on the economic, The purpose of this action is to help Action Date FR Cite national security, and other relevant protect threatened and endangered sea impacts of the proposed designation, as NPRM 01/14/09 74 FR 2032 turtles, while enabling fishermen to use well as the benefits to elkhorn and NPRM Comment 02/01/09 leaders, an important component of staghorn corals from designation will Period End pound net gear, during the regulated be solicited during a 60-day comment Final Action 03/19/09 74 FR 11681 period. period. A draft economic analysis and Correction 04/24/09 74 FR 11880 Timetable: Section 4(b)(2) report will be conducted Regulatory Flexibility Analysis Action Date FR Cite in support of this proposal. Required: Yes NPRM 03/01/07 72 FR 9297 Agency Contact: Proposed rule was published February D. Robert Lohn, NPRM Comment 04/02/07 Regional Administrator, Northwest 6, 2008 (73 FR 6895). This final rule Period End designates 1,329 sq mi of marine Region, NMFS, Department of Final Action 11/18/08 73 FR 68348 Commerce, National Oceanic and habitat in the Florida area, 1,383 sq mi Final Action Effective 12/18/08 in the Puerto Rico area, 121 sq mi in Atmospheric Administration, 7600 Date Sand Point Way NE., Building 1, the St. John/St. Thomas area, and 126 Seattle, WA 48115–0070 Regulatory Flexibility Analysis sq mi in the St. Croix area. Phone: 206 526–6150 Required: Yes Timetable: Fax: 206 526–6426 Agency Contact: Carrie Upite, Fishery RIN: 0648–AX44 Biologist, Department of Commerce, Action Date FR Cite National Oceanic and Atmospheric Administration, One Blackburn Drive, NPRM 02/06/08 73 FR 6895 140. VIRGINIA MODIFIED POUND NET Gloucester, MA 01930 Correction 03/06/08 73 FR 12068 LEADER INSPECTION PROGRAM Phone: 978 281–9300 NPRM Comment 05/06/08 Period End Legal Authority: 16 USC 1531et seq Email: [email protected] Final Action 11/26/08 73 FR 72210 RIN: 0648–AU98 Abstract: With this action, NMFS Final Action Effective 12/26/08 issues a rule to implement an inspection program for modified pound 141. ENDANGERED AND Regulatory Flexibility Analysis net leaders in the Virginia waters of THREATENED SPECIES; Required: Yes the mainstem Chesapeake Bay. Previous DESIGNATION OF CRITICAL HABITAT regulations (71 FR 36024, June 23, FOR ELKHORN AND STAGHORN Agency Contact: Marta Nammack, 2006) required modified pound net CORALS Office of Protected Resources, leaders in a portion of the Virginia Department of Commerce, National Chesapeake Bay from May 6 to July 15 Legal Authority: 16 USC 1531 to 1544 Oceanic and Atmospheric each year, and this action would ensure Abstract: The National Marine Administration, 1315 East–West that leaders used in that area do in fact Fisheries Service designates critical Highway, Silver Spring, MD 20910 meet the definition of a modified habitat for elkhorn and staghorn corals, Phone: 301 713–1401 pound net leader. To comply with the which we recently listed as threatened Fax: 301 427–2523 inspection program, a pound net under the Endangered Species Act Email: [email protected] fisherman intending to set a modified (ESA). Areas proposed for designation leader must call NMFS to arrange for will be within the current geographic RIN: 0648–AV35
Department of Commerce (DOC) Long-Term Actions Patent and Trademark Office (PTO)
142. EXAMINATION OF PATENT and examination of Markush-type and that requiring applicants who choose APPLICATIONS THAT INCLUDE other claims written in the alternative this claim-drafting format to ensure a CLAIMS CONTAINING ALTERNATIVE generally consume a disproportionate certain degree of relatedness among the LANGUAGE amount of Office resources as compared members of a Markush group or the Legal Authority: 35 USC 2(b)(2) to other types of claims, because these alternatives presented in the claims claims can encompass multiple will allow the Office to do a better, Abstract: The U.S. Patent and independent and distinct inventions more thorough and reliable Trademark Office (Office) is and determining the patentability of examination of Markush-type and other considering revising the rules of practice to address Markush-type and such a claim may require a separate claims written in the alternative. other claims written so as to claim an examination of each of the alternatives invention in the alternative. The search within the claim. The Office anticipates
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DOC—PTO Long-Term Actions
Timetable: 143. FISCAL YEAR 2009 REVISION OF set a fee for requesting a corrected REQUEST FOR CONTINUED Action Date FR Cite republication of a patent application EXAMINATION, EIGHTEEN–MONTH publication. The rules of practice NPRM 08/10/07 72 FR 44992 PUBLICATION, AND OTHER currently do not set a fee, or do not NPRM Comment 10/09/07 MISCELLANEOUS COST–RECOVERY set a fee that recovers the USPTO’s Period End PATENT FEES costs, for these processes or services. Second NPRM 03/10/08 73 FR 12679 The USPTO is proposing to adjust or Second NPRM 04/09/08 Legal Authority: 35 USC 2(b)(2); 35 USC 41(d); 35 USC 132(b) set these fee amounts such that they Comment Period more accurately reflect the Office costs End Abstract: The USPTO is proposing to for these processes or services. Final Action To Be Determined revise the rules of practice to adjust the fee or set a fee for certain processes Timetable: Next Action Undetermined Regulatory Flexibility Analysis and services for which the USPTO is Regulatory Flexibility Analysis Required: Yes required to set a cost-recovery fee. The Required: Yes USPTO is specifically proposing to Agency Contact: Robert W. Bahr Agency Contact: Robert W. Bahr adjust the fee for a request for Phone: 571 272–8800 Phone: 571 272–8800 continued examination, eighteen-month Email: [email protected] Email: [email protected] publication, and a certificate of RIN: 0651–AC00 correction (applicant’s mistake) fee, and RIN: 0651–AC29
Department of Commerce (DOC) Completed Actions Patent and Trademark Office (PTO)
144. FISCAL YEAR 2009 CHANGES TO the USPTO of processing PCT Regulatory Flexibility Analysis PATENT COOPERATION TREATY international applications and Required: Yes SEARCH FEES preparing international search reports Agency Contact: Robert W. Bahr, Legal Authority: 35 USC 2(b)(2) and and written opinions for PCT international applications. Senior Patent Attorney, Department of 376 Commerce, Patent and Trademark Abstract: The United States Patent and Timetable: Office, P.O. Box 1450, Alexandria, VA 22313–1450 Trademark Office (USPTO) is proposing Action Date FR Cite to revise the rules of practice to adjust Phone: 571 272–8800 the transmittal and search fees for NPRM 06/18/08 73 FR 34672 Email: [email protected] international applications filed under NPRM Comment 08/18/08 the Patent Cooperation Treaty (PCT). Period End RIN: 0651–AC28 The USPTO is proposing to adjust the Final Rule 11/12/08 73 FR 66754 [FR Doc. E9–10267 Filed 05–08–09; 8:45 am] PCT transmittal and search fees to Final Rule Effective 01/12/09 BILLING CODE 3510–12–S recover the estimated average cost to
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Part V
Department of Energy Semiannual Regulatory Agenda
VerDate Nov<24>2008 07:56 May 08, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11MYP5.SGM 11MYP5 21916 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda
DEPARTMENT OF ENERGY (DOE)
DEPARTMENT OF ENERGY individual listed under that item. For information from the Agenda database. further information on the agenda in DOE’s entire spring 2009 agenda can be 10 CFR Chs. II, III, and X general, please contact: Diana L. Dean, accessed online by going to: Room 6E-078, Forrestal Building, 1000 www.reginfo.gov. Agenda entries reflect 48 CFR Ch. 9 Independence Avenue SW., the status of activities as of Washington, DC 20585, (202) 586-7440. approximately April 30, 2009. Semiannual Regulatory Agenda SUPPLEMENTARY INFORMATION: The Publication in the Federal Register is AGENCY: Department of Energy. Agenda is a Governmentwide mandated by the Regulatory Flexibility ACTION: Notice of semiannual regulatory compilation of upcoming and ongoing Act (5 U.S.C. 602) only for Agenda agenda. regulatory activity taking place over the entries that require either a regulatory next 12 months, including a brief flexibility analysis or periodic review description of each rulemaking and a under section 610 of that Act. Included SUMMARY: The Department of Energy timetable for action. The Agenda also in this Agenda are two energy (DOE) has prepared and is making includes a list of regulatory actions conservation standards rulemakings that available its portion of the semiannual completed since publication of the last require regulatory flexibility analyses: Unified Agenda of Federal Regulatory Agenda. The Department of Energy’s Residential Electric and Gas Ranges and and Deregulatory Actions (Agenda), portion of the Agenda includes Ovens and Microwave Ovens, and pursuant to Executive Order 12866 regulatory actions called for by the Commercial Clothes Washers; and ‘‘Regulatory Planning and Review,’’ 58 Energy Policy Act of 2005, the Energy Commercial Refrigeration Equipment. FR 51735, and the Regulatory Flexibility Independence and Security Act of 2007, Act, 5 U.S.C. 601 et seq. and programmatic needs of DOE offices. Issued in Washington, DC, on March 10, 2009. FOR FURTHER INFORMATION CONTACT: For The Internet is the basic means for further information about any particular disseminating the Agenda and Eric J. Fygi, item on the agenda, please contact the providing users the ability to obtain Acting General Counsel. Energy Efficiency and Renewable Energy—Completed Actions
Regulation Sequence Title Identifier Number Number
145 Energy Conservation Standards for Residential Electric and Gas Ranges and Ovens and Microwave Ovens, and Commercial Clothes Washers ...... 1904–AB49 146 Energy Efficiency Standards for Commercial Refrigeration Equipment ...... 1904–AB59
Department of Energy (DOE) Completed Actions Energy Efficiency and Renewable Energy (EE)
145. ENERGY CONSERVATION provision specific to microwave ovens) Email: [email protected] STANDARDS FOR RESIDENTIAL and is also considering establishing RIN: 1904–AB49 ELECTRIC AND GAS RANGES AND energy efficiency standards for OVENS AND MICROWAVE OVENS, commercial clothes washers, as AND COMMERCIAL CLOTHES required by the Energy Policy Act of 146. ENERGY EFFICIENCY WASHERS 2005, which further amended EPCA. STANDARDS FOR COMMERCIAL Legal Authority: 42 USC 6295(h); 42 Previously, this rulemaking also REFRIGERATION EQUIPMENT USC 6313(e) included dishwashers and dehumidifiers. Because the Energy Legal Authority: 42 USC 6313(c)(4)(A) Abstract: The Energy Policy and Independence Act of 2007 (EISA 2007) Abstract: The Energy Policy Act of Conservation Act (EPCA), as amended, prescribed standards for dishwashers establishes initial energy efficiency 2005 (EPACT 2005) amendments to the and dehumidifiers, they have been Energy Policy and Conservation Act standard levels for many types of major removed from the rulemaking. residential appliances and generally (EPCA) require that DOE establish requires DOE to undertake two Completed: standards for ice cream freezers; self- contained commercial refrigerators, subsequent rulemakings, at specified Reason Date FR Cite times, to determine whether the extant freezers, and refrigerator-freezers standard for a covered product should NPRM 10/17/08 73 FR 62033 without doors; and remote-condensing be amended. Through this combined Final Action 04/08/09 74 FR 16040 commercial refrigerators, freezers, and refrigerator-freezers. rulemaking, the Department is Regulatory Flexibility Analysis evaluating potential amendments to Required: Yes Completed: update the current energy efficiency standards for residential electric and Agency Contact: Stephen Witkowski Reason Date FR Cite gas ranges and ovens (including a new Phone: 202 586–7463 Final Action 01/09/09 74 FR 1092
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DOE—EE Completed Actions
Regulatory Flexibility Analysis Agency Contact: Charles Llenza Email: [email protected] Required: Yes Phone: 202 586–2192 RIN: 1904–AB59 [FR Doc. E9–10268 Filed 05–08–09; 8:45 am] BILLING CODE 6450–01–S
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Part VI
Department of Health and Human Services Semiannual Regulatory Agenda
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DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)
DEPARTMENT OF HEALTH AND substantial number of small entities; the requisite information before the HUMAN SERVICES Regulatory Flexibility Act of 1980 Department’s policy officials had the requires dissemination of this opportunity to conduct a full review. Office of the Secretary information in the paper edition of the This Agenda thus reflects ongoing Federal Register. The complete HHS efforts by HHS to comply with existing 21 CFR Ch. I Agenda is accessible online at statutory obligations, or to effect www.reginfo.gov.) improvements at the program- 42 CFR Chs. I-V FOR FURTHER INFORMATION CONTACT: by implementation level based on experience in administering existing 45 CFR Subtitle A, Chs. II, III, and XIII e-mail, [email protected]; by fax, (202) 205-2135; by telephone, (202) 205- programs. By contrast, the timing of the 9165. October 2009 Agenda will, obviously, Unified Agenda of Federal Regulatory provide the Department with an SUPPLEMENTARY INFORMATION: and Deregulatory Actions opportunity to set out a regulatory AGENCY: Office of the Secretary, HHS. The Regulatory Flexibility Act of 1980 agenda that does reflect current policy and Executive Order 12866 require directions of the Obama Administration. ACTION: Semiannual regulations agenda. semi-annual publication of an inventory outlining all current and projected Public commentary is invited. SUMMARY: The Department’s semiannual rulemakings. The purpose of this Comments may be directed to the Agenda of Regulatory and Deregulatory exercise is to inform the public about agency officials cited at the conclusion Actions forecasts the rulemaking regulatory actions under development of each entry. If early attention at the activities that we expect to undertake across the Department, and to provide Secretary’s level appears needed, over the foreseeable future. We focus an opportunity for all concerned with comments should be sent to: Ashley primarily on those areas of work the impact of these actions to participate Files Flory, Acting Executive Secretary anticipated to result in publication of in their development at an early stage. to the Department, Suite 603H, 200 Notices of Proposed Rulemaking or of The regulatory actions capsulized in Independence Avenue SW., Final Rules within the next 12 months. this Agenda do not necessarily reflect Washington, DC 20201. (Please note that the abstracts included the policy perspectives of the Obama below relate only to those prospective Administration. The statutorily dictated Dated: April 3, 2009. rulemakings that are likely to have a timing of the Agenda caused the Ashley Files Flory, significant economic impact on a Department to initiate preparation of the Acting Executive Secretary to the Department. Substance Abuse and Mental Health Services Administration—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
147 Opioid Drugs in Maintenance or Detoxification Treatment of Opiate Addition (Section 610 Review) ...... 0930–AA14
Substance Abuse and Mental Health Services Administration—Long-Term Actions
Regulation Sequence Title Identifier Number Number
148 Requirements Governing the Use of Seclusion and Restraint in Certain Nonmedical Community-Based Facilities for Children and Youth ...... 0930–AA10
Centers for Disease Control and Prevention—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
149 Foreign Quarantine Regulations, Proposed Revision of HHS/CDC Animal Importation Regulations ...... 0920–AA14 150 Control of Communicable Diseases: Foreign Quarantine Regulations, Proposed Revision of HHS/CDC Nonhuman Primate Regulations ...... 0920–AA23
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HHS
Centers for Disease Control and Prevention—Final Rule Stage
Regulation Sequence Title Identifier Number Number
151 Control of Communicable Diseases Foreign Quarantine ...... 0920–AA12 152 Control of Communicable Diseases: Interstate Quarantine, Passenger Information ...... 0920–AA27
Centers for Disease Control and Prevention—Long-Term Actions
Regulation Sequence Title Identifier Number Number
153 Possession, Use and Transfer of Select Agents and Toxins (Section 610 Review) ...... 0920–AA32
Food and Drug Administration—Prerule Stage
Regulation Sequence Title Identifier Number Number
154 Food Labeling: Safe Handling Statements, Labeling of Shell Eggs; Refrigeration of Shell Eggs Held for Retail Dis- tribution (Section 610 Review) ...... 0910–AG06 155 Prescription Drug Marketing Act of 1987; Prescription Drug Amendments of 1992; Policies, Requirements, and Administrative Procedures (Section 610 Review) ...... 0910–AG14
Food and Drug Administration—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
156 Electronic Submission of Data From Studies Evaluating Human Drugs and Biologics ...... 0910–AC52 157 Over-The-Counter (OTC) Drug Review—Cough/Cold (Antihistamine) Products ...... 0910–AF31 158 Over-The-Counter (OTC) Drug Review—Laxative Drug Products ...... 0910–AF38 159 Over-The-Counter (OTC) Drug Review—Sunscreen Products ...... 0910–AF43 160 Over-The-Counter (OTC) Drug Review—Weight Control Products ...... 0910–AF45 161 Pediatric Dosing for Cough, Cold, Allergy, Bronchodilator, and Antiasthmatic Drug Products for Over-The-Counter Human Use; Proposed Amendment of Final Monograph ...... 0910–AG12
Food and Drug Administration—Final Rule Stage
Regulation Sequence Title Identifier Number Number
162 Prevention of Salmonella Enteritidis in Shell Eggs ...... 0910–AC14 163 Medical Gas Containers and Closures; Current Good Manufacturing Practice Requirements ...... 0910–AC53 164 Positron Emission Tomography Drugs; Current Good Manufacturing Practices ...... 0910–AC55 165 Content and Format of Labeling for Human Prescription Drugs and Biologics; Requirements for Pregnancy and Lactation Labeling ...... 0910–AF11 166 Over-The-Counter (OTC) Drug Review—Cough/Cold (Bronchodilator) Products ...... 0910–AF32 167 Over-The-Counter (OTC) Drug Review—Cough/Cold (Combination) Products ...... 0910–AF33 168 Over-The-Counter (OTC) Drug Review—External Analgesic Products ...... 0910–AF35 169 Over-The-Counter (OTC) Drug Review—Internal Analgesic Products ...... 0910–AF36 170 Over-the-Counter (OTC) Drug Review—Skin Protectant Products ...... 0910–AF42 171 Substances Prohibited From Use in Animal Food or Feed To Prevent the Transmission of Bovine Spongiform Encephalopathy ...... 0910–AF46 172 Use of Materials Derived From Cattle in Human Food and Cosmetics ...... 0910–AF47 173 Label Requirement for Food That Has Been Refused Admission Into the United States ...... 0910–AF61 174 Over-The-Counter (OTC) Drug Review—Acne Drug Products Containing Benzoyl Peroxide ...... 0910–AG00
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HHS
Food and Drug Administration—Long-Term Actions
Regulation Sequence Title Identifier Number Number
175 Postmarketing Safety Reporting Requirements for Human Drug and Biological Products ...... 0910–AA97 176 Current Good Manufacturing Practice in Manufacturing, Packing, Labeling, or Holding Operations for Dietary Sup- plements ...... 0910–AB88 177 Over-the-Counter (OTC) Drug Review—Cough/Cold (Nasal Decongestant) Products ...... 0910–AF34 178 Over-The-Counter (OTC) Drug Review—Labeling of Drug Products for OTC Human Use ...... 0910–AF37 179 Over-The-Counter (OTC) Drug Review—Ophthalmic Products ...... 0910–AF39 180 Over-The-Counter (OTC) Drug Review—Oral Health Care Products ...... 0910–AF40 181 Over-The-Counter (OTC) Drug Review—Vaginal Contraceptive Products ...... 0910–AF44 182 Over-The-Counter (OTC) Drug Review—Overindulgence in Food and Drink Products ...... 0910–AF51 183 Over-The-Counter (OTC) Drug Review—Antacid Products ...... 0910–AF52 184 Over-The-Counter (OTC) Drug Review—Skin Bleaching Products ...... 0910–AF53 185 Over-the-Counter (OTC) Drug Review—Stimulant Drug Products ...... 0910–AF56 186 Over-The-Counter Antidiarrheal Drug Products ...... 0910–AF63 187 Over-The-Counter (OTC) Drug Review—Poison Treatment Drug Products ...... 0910–AF68 188 Over-The-Counter (OTC) Drug Review—Topical Antimicrobial Drug Products ...... 0910–AF69 189 Over-The-Counter (OTC) Drug Review—Urinary Analgesic Drug Products ...... 0910–AF70 190 Status of Certain Additional Over-the-Counter Drug Category II Active Ingredients ...... 0910–AF95 191 Process Controls for Animal Feed Ingredients and Mixed Animal Feed ...... 0910–AG10
Food and Drug Administration—Completed Actions
Regulation Sequence Title Identifier Number Number
192 Requirements for Submission of In Vivo Bioequivalence Data ...... 0910–AC23 193 Cochineal Extract and Carmine Label Declaration ...... 0910–AF12 194 Obstetrical and Gynecological Devices; Designation of Special Controls for Male Condoms Made of Natural Rub- ber Latex ...... 0910–AF21 195 Food Labeling; Serving Sizes and Nutrition Labeling (Completion of a Section 610 Review) ...... 0910–AF99
Centers for Medicare & Medicaid Services—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
196 Changes to the Hospital Inpatient and Long-Term Care Prospective Payment System for FY 2010 (CMS-1406-P) 0938–AP39 197 Revisions to Payment Policies Under the Physician Fee Schedule For CY 2010 (CMS-1413-P) ...... 0938–AP40 198 Changes to the Hospital Outpatient Prospective Payment System and Ambulatory Surgical Center Payment Sys- tem for CY 2010 (CMS-1414-P) ...... 0938–AP41 199 Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities—Update for FY 2010 (CMS- 1410-P) ...... 0938–AP46
Centers for Medicare & Medicaid Services—Long-Term Actions
Regulation Sequence Title Identifier Number Number
200 Home Health Agency (HHA) Conditions of Participation (CoPs) (CMS-3819-P) (Section 610 Review) ...... 0938–AG81 201 Electronic Claims Attachments Standards (CMS-0050-IFC) ...... 0938–AK62 202 Home and Community-Based Services (HCBS) State Plan Option (CMS-2249-F) (Section 610 Review) ...... 0938–AO53 203 Medicaid Graduate Medical Education (CMS-2279-F) ...... 0938–AO95 204 Requirements for Long-Term Care Facilities: Hospice Services (CMS-3140-P) (Section 610 Review) ...... 0938–AP32
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HHS
Centers for Medicare & Medicaid Services—Completed Actions
Regulation Sequence Title Identifier Number Number
205 Updates to Electronic Transactions (Version 5010) (CMS-0009-F) (Completion of a Section 610 Review) ...... 0938–AM50 206 Revisions to HIPAA Code Sets (CMS-0013-F) (Completion of a Section 610 Review) ...... 0938–AN25 207 Surety Bond Requirement for Suppliers of Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) (CMS-6006-F) (Completion of a Section 610 Review) ...... 0938–AO84 208 Changes to the Hospital Outpatient Prospective Payment System and Ambulatory Surgical Center Payment Sys- tem for CY 2009 (CMS-1404-F) ...... 0938–AP17 209 Revisions to Payment Policies Under the Physician Fee Schedule for CY 2009 (CMS-1403-FC) ...... 0938–AP18 210 Home Health Prospective Payment System Refinements and Rate Update for CY 2009 (CMS-1555-N) ...... 0938–AP20 211 Changes to Long-Term Care Prospective Payment System Based on Specific Provisions in the Medicare, Med- icaid, and SCHIP Extension Act of 2007 (CMS-1493-F) ...... 0938–AP33
Department of Health and Human Services (HHS) Proposed Rule Stage Substance Abuse and Mental Health Services Administration (SAMHSA)
147. OPIOID DRUGS IN dispensing restrictions under 42 CFR Regulatory Flexibility Analysis MAINTENANCE OR DETOXIFICATION part 8 for the drug substance Required: No TREATMENT OF OPIATE ADDITION buprenorphine. This medication is used Agency Contact: Nicholas Reuter, (SECTION 610 REVIEW) to treat kersin and other opioid Department of Health and Human Legal Authority: 21 USC 823 (9); 42 addiction. Services, Substance Abuse and Mental USC 257a; 42 USC 290aa(d); 42 USC Timetable: Health Services Administration, One 290dd–2; 42 USC 300xx–23; 42 USC Choke Cherry Rd, Suite 2–1063, 300x–27(a); 42 USC 300y–11 Action Date FR Cite Rockville, MD 20857 Phone: 240 276–2716 Abstract: This proposed rule, when NPRM 09/00/09 finalized will modify the regulatory RIN: 0930–AA14
Department of Health and Human Services (HHS) Long-Term Actions Substance Abuse and Mental Health Services Administration (SAMHSA)
148. REQUIREMENTS GOVERNING rules and monitoring requirements Regulatory Flexibility Analysis THE USE OF SECLUSION AND concerning behavior management Required: Yes RESTRAINT IN CERTAIN practice that will ensure compliance; NONMEDICAL COMMUNITY–BASED requires States to develop and Agency Contact: Paolo Del Vecchio, FACILITIES FOR CHILDREN AND implement such licensing rules and Department of Health and Human YOUTH implementation requirements within Services, Substance Abuse and Mental Legal Authority: PL 106–310, 42 USC one year; and ensures that States Health Services Administration, Room 290jj to 290jj–2 require such facilities to have adequate 13–103, Parklawn Building, 5600 staff, and that the States provide Fishers Lane, Rockville, MD 20857 Abstract: The Secretary is required by training for professional staff. Phone: 301 443–2619 statute to publish regulations governing States that license nonmedical, Timetable: RIN: 0930–AA10 community-based residential facilities Action Date FR Cite for children and youth. The regulation requires States to develop licensing NPRM To Be Determined
Department of Health and Human Services (HHS) Proposed Rule Stage Centers for Disease Control and Prevention (CDC)
149. FOREIGN QUARANTINE Abstract: By statute, the Secretary of countries into the United States and REGULATIONS, PROPOSED REVISION Health and Human Services has broad from one State or possession into OF HHS/CDC ANIMAL IMPORTATION authority to prevent introduction, another. The Secretary has designated REGULATIONS transmission, and spread of the authority to prevent the communicable diseases from foreign introduction of diseases from foreign Legal Authority: Not Yet Determined
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HHS—CDC Proposed Rule Stage
countries to the Director, Centers for Services, Centers for Disease Control cynomolgus, African green, and rhesus Disease Control and Prevention (CDC). and Prevention, CLFT Building 16, monkeys to all NHPs. The agency also CDC also enforces entry requirements Room 4324, MS E03, Atlanta, GA 30329 is proposing to reduce the frequency for certain animals, etiologic agents and Phone: 404 498–1600 at which importers of the three species vectors deemed to be of public health RIN: 0920–AA14 are required to renew their significance. Currently the regulations registrations, (from every 180 days to restrict the importation of nonhuman every two years). CDC proposes to primates, dogs, cats, small turtles, 150. CONTROL OF COMMUNICABLE incorporate existing guidelines into the etiologic agents, hosts and vectors, such DISEASES: FOREIGN QUARANTINE regulations and add new provisions to as bats (42 CFR sections 71.53, 71.51, REGULATIONS, PROPOSED REVISION address NHPs imported as part of a 71.52, 71.54). In addition, CDC has OF HHS/CDC NONHUMAN PRIMATE circus or trained animal act, NHPs recently issued a series of emergency REGULATIONS imported by zoological societies, the orders, restricting the importation of Legal Authority: 42 U.S.C. 264 transfer of NHPs from approved African rodents (42 CFR section 71.56) laboratories, and non-live imported and civets (67 FR 3364-01). CDC is Abstract: By statute, the Secretary of NHP products. CDC is also proposing issuing this Notice of Proposed Health and Human Services has broad that all NHPs be imported only through Rulemaking (NPRM) to revise the authority to prevent introduction, ports of entry where a CDC quarantine regulations for importation of certain transmission, and spread of station is located. communicable diseases from foreign animals and vectors into the Unite Timetable: States (42 CFR parts 71, Subpart F). countries into the United States and from one State or possession into Action Date FR Cite Timetable: another. The Secretary has delegated NPRM 12/00/09 Action Date FR Cite the authority to prevent the introduction of diseases from foreign ANPRM 07/31/07 72 FR 41676 Regulatory Flexibility Analysis countries to the Director, CDC. CDC Notice Extending 10/01/07 72 FR 55729 Required: Yes also enforces entry requirements for ANPRM Comment Agency Contact: Stacy Howard, certain animals, etiologic agents, and Period Department of Health and Human vectors deemed to be of public health NPRM 12/00/09 Services, Centers for Disease Control significance. CDC is proposing to and Prevention, CLFT Building 16, Regulatory Flexibility Analysis amend its regulations related to the Room 4324, MS E03, Atlanta, GA 30329 Required: Yes importation of live nonhuman primates Phone: 404 498–1600 Agency Contact: Stacy Howard, (NHPs) by extending existing Department of Health and Human requirements for the importation of RIN: 0920–AA23
Department of Health and Human Services (HHS) Final Rule Stage Centers for Disease Control and Prevention (CDC)
151. CONTROL OF COMMUNICABLE also modify current Federal regulations Timetable: DISEASES FOREIGN QUARANTINE governing the apprehension, quarantine Action Date FR Cite Legal Authority: isolation and conditional release of 42 USC 243; 42 USC NPRM 11/30/05 70 FR 71892 248 and 249 individuals suspected of carrying a quarantinable disease while respecting Final Action 09/00/09 Abstract: By statute, the Secretary of Regulatory Flexibility Analysis individual autonomy. CDC maintains Health and Human Services has broad Required: Yes authority to prevent introduction, quarantine stations at 20 ports of entry transmission, and spread of staffed with medical and public health Agency Contact: Stacy Howard, communicable diseases from foreign officers who respond to reports of Department of Health and Human diseases from carriers. According to the Services, Centers for Disease Control countries into the United States and statutory scheme, the President and Prevention, CLFT Building 16, from one State or possession into determines through Executive Order Room 4324, MS E03, Atlanta, GA 30329 another. Quarantine regulations are which diseases may subject individuals Phone: 404 498–1600 divided into two parts: Part 71 dealing to quarantine. The current with foreign arrivals and part 70 RIN: 0920–AA12 dealing with interstate matters. This disease list, which was last updated in rule (42 CFR part 71) will update and April 2005, includes cholera, 152. CONTROL OF COMMUNICABLE improve CDC’s response to both global diphtheria, tuberculosis, plague, DISEASES: INTERSTATE and domestic disease threats by smallpox, yellow fever, viral QUARANTINE, PASSENGER creating a multi-tiered illness detection hemorrhagic fevers, severe acute INFORMATION and response process thus substantially respiratory syndrome (SARS), and Legal Authority: 25 USC 198.231; 25 enhancing the public health system’s influenza caused by novel or USC 1661; 42 USC 243; 42 USC 248; ability to slow the introduction, reemergent influenza viruses that are 42 USC 249; 42 USC 264; 42 USC 266 transmission, and spread of causing, or have the potential to cause to 268; 42 USC 270 to 272; 42 USC communicable disease. The rule will a pandemic. 2001
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HHS—CDC Final Rule Stage
Abstract: By statute, the Secretary of disease, but rather all communicable persons, in regard to significant health Health and Human Services has broad diseases that may necessitate a public risks. authority to prevent introduction, health response. Timetable: transmission, and spread of communicable diseases from one State Among the fundamental components of Action Date FR Cite or possession into another. Quarantine the public health response to the report NPRM 11/30/05 70 FR 71892 regulations are divided into two parts: of a person with a communicable Final Action 12/00/09 Part 71 dealing with foreign arrivals disease is the identification and evaluation of individuals who may Regulatory Flexibility Analysis and part 70 dealing with interstate Required: Yes matters. The CDC Director has been have been exposed. This provision, delegated the responsibility for carrying which was proposed section 70.4, Agency Contact: Stacy Howard, out these regulations. The Director’s would require any airline operating in Department of Health and Human authority to investigate suspected cases interstate traffic to solicit and Services, Centers for Disease Control and potential spread of communicable electronically submit certain passenger and Prevention, CLFT Building 16, disease among interstate travelers is information to CDC for use in contact Room 4324, MS E03, Atlanta, GA 30329 thus not limited to those known or tracing when necessary to protect the Phone: 404 498–1600 suspected of having a quarantinable vital interests of an individual, or other RIN: 0920–AA27
Department of Health and Human Services (HHS) Long-Term Actions Centers for Disease Control and Prevention (CDC)
153. ∑ POSSESSION, USE AND to treat and prevent andy illness we believe the Chapare virus should be TRANSFER OF SELECT AGENTS AND resulting from infection by the agent or added to the list of HHS select agents TOXINS (SECTION 610 REVIEW) toxin, and 5) any other criteria, and toxins based on our conclusion Legal Authority: PL 107–188 including the needs of children and that the Chapare virus has been other vulnerable populations that the phylogenetically identified as a Clade Abstract: The Public Health Security HHS Secretary considers appropriate. B arenavirus and is closely related to and Bioterrorism Preparedness and Based on these criteria, we are other South American arenaviruses that Response Act of 2002 authorizes the proposing to amend the list of HHS cause haemorrhagic fever, particularly HHS Secretary to regulate the Sabia virus. possession, use, and transfer of select select agents and toxins by adding agents and toxins that have the Chapare virus to the list. After Timetable: consulting with subject matter experts potential to pose a severe threat to Action Date FR Cite public health and safety. These from CDC, the National Institutes of regulations are set forth at 42 CFR 73. Health (NIH), the Food Drug NPRM To Be Determined Criteria used to determine whether a Administration (FDA), the United Regulatory Flexibility Analysis select agent or toxin should be States Department of Agriculture Required: No included under the provisions of these (USDA) /Animal and Plant Health Agency Contact: Robbin Weyant, regulations are based on: 1) the effect Inspection Service (APHIS), Department of Health and Human on human health as a reuslt of USDA/Agricultural Research Service Services, Centers for Disease Control exposure to the agent or toxin, 2) the (ARS), USDA/CVB (Center for degree of contagiousness of the agent Veterinary Biologics), and the and Prevention, CLFT Building 20, or toxin, 3) the methods by which the Department of Defense (DOD)/United Room 4202, 1600 Clifton Road NE., agent or toxin is transferred to humans, States Army Medical Research Institute Atlanta, GA 30333 4) the availability and effectiveness of for Infectious Diseases (USAMRIID) and Phone: 404 718–2000 pharmacotherapies and immunizations review of relevant published studies, RIN: 0920–AA32
Department of Health and Human Services (HHS) Prerule Stage Food and Drug Administration (FDA)
154. FOOD LABELING: SAFE Abstract: Section 101.17(h) (21 CFR shell eggs under section 361 of the HANDLING STATEMENTS, LABELING 101.17(h)) describes requirements for Public Health Service Act (42 U.S.C. OF SHELL EGGS; REFRIGERATION the labeling of the cartons of shell eggs 264) and sections 101.17(h) and 115.50. OF SHELL EGGS HELD FOR RETAIL that have not been treated to destroy FDA amended 21 CFR 101.17(h) on DISTRIBUTION (SECTION 610 Salmonella microorganisms. Section August 20, 2007 (72 FR 46375) to REVIEW) 115. 50 (21 CFR 115.50) describes permit the safe handling statement to requirements for refrigeration of shell appear on the inside lid of egg cartons Legal Authority: 15 USC 1453 to 1455; eggs held for retail distribution. Section to provide the industry greater 21 USC 321; 21 USC 331; 21 USC 342 16.5(a)(4) provides that part 16 does not flexibility in the placement of the and 343; 21 USC 348; 21 USC 371; 42 apply to a hearing on an order for statement. FDA is undertaking a review USC 243; 42 USC 264; 42 USC 271 relabeling, diversion, or destruction if of 21 CFR sections 101.17(h), 115.50,
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HHS—FDA Prerule Stage
and 16.5(a)(4) under section 610 of the 5100 Paint Branch Parkway, College part 203 and 21 CFR sections 205.3 and Regulatory Flexibility Act. The purpose Park, MD 20740 205.50 (as amended in 64 FR 67762 of this review is to determine whether Phone: 301 436–1802 and 67763); (3) the complexity of the the regulations in sections 101.17(h), Fax: 301 436–2636 regulations in 21 CFR part 203 and 21 115.50 and 16.5(a)(4) should be Email: [email protected] CFR sections 205.3 and 205.50 (as continued without change, or whether RIN: 0910–AG06 amended in 64 FR 67762 and 67763); they should be amended or rescinded, (4) the extent to which the regulations consistent with the stated objectives of in 21 CFR part 203 and 21 CFR sections applicable statutes, to minimize any 155. PRESCRIPTION DRUG 205.3 and 205.50 (as amended in 64 significant economic impact on a MARKETING ACT OF 1987; FR 67762 and 67763) overlap, substantial number of small entities. PRESCRIPTION DRUG AMENDMENTS duplicate, or conflict with other Federal FDA will consider, and is soliciting OF 1992; POLICIES, REQUIREMENTS, rules, and to the extent feasible, with comments on, the following: (1) The AND ADMINISTRATIVE PROCEDURES State and local governmental rules; and continued need for the rule; (2) the (SECTION 610 REVIEW) (5) the degree to which technology, nature of complaints or comments Legal Authority: 21 USC 331; 21 USC economic conditions, or other factors received concerning the rule from the 333; 21 USC 351; 21 USC 352; 21 USC have changed in the area affected by public; (3) the complexity of the rule; 353; 21 USC 360; 21 USC 371; 21 USC the regulations in 21 CFR part 203 and (4) the extent to which the rule 374; 21 USC 381 21 CFR sections 205.3 and 205.50 (as overlaps, duplicates, or conflicts with Abstract: FDA is undertaking a review amended in 64 FR 67762 and 67763). other Federal rules, and, to the extent of 21 CFR part 203 and 21 CFR sections Timetable: feasible, with State and local 205.3 and 205.50 (as amended in 64 governmental rules; and (5) the length FR 67762 and 67763) under section 610 Action Date FR Cite of time since the rule has been of the Regulatory Flexibility Act. The Begin Review of 11/24/08 evaluated or the degree to which purpose of this review is to determine Current Regulation technology, economic conditions, or whether the regulations in 21 CFR part End Review of Current 12/00/09 other factors have changed in the area 203 and 21 CFR sections 205.3 and Regulation affected by the rule. 205.50 (as amended in 64 FR 67762 and 67763) should be continued Regulatory Flexibility Analysis Timetable: without change, or whether they should Required: Yes Action Date FR Cite be amended or rescinded, consistent Agency Contact: Howard P. Muller, with the stated objectives of applicable Begin Review 12/00/09 Office of Regulatory Policy, Department statutes, to minimize adverse impacts End Review 12/00/10 of Health and Human Services, Food on a substantial number of small and Drug Administration, Center for Regulatory Flexibility Analysis entities. FDA will consider, and is Drug Evaluation and Research, 10903 Required: Undetermined soliciting comments on, the following: New Hampshire Avenue, Bldg. 51, (1) The continued need for the Room 6234, Silver Spring, MD Agency Contact: Geraldine A. June, regulations in 21 CFR part 203 and 21 20993–0002 Supervisor, Product Evaluation and CFR sections 205.3 and 205.50 (as Phone: 301 796–3601 Labeling Team, Department of Health amended in 64 FR 67762 and 67763); Fax: 301 847–8440 and Human Services, Food and Drug (2) the nature of complaints or Email: [email protected] Administration, Center for Food Safety comments received from the public and Applied Nutrition, (HFS–820), concerning the regulations in 21 CFR RIN: 0910–AG14
Department of Health and Human Services (HHS) Proposed Rule Stage Food and Drug Administration (FDA)
156. ELECTRONIC SUBMISSION OF that data submitted for NDAs, BLAs, Timetable: DATA FROM STUDIES EVALUATING and ANDAs, and their supplements and Action Date FR Cite HUMAN DRUGS AND BIOLOGICS amendments, be provided in an electronic format that FDA can process, NPRM 09/00/09 Legal Authority: 21 USC 355; 21 USC review, and archive. The proposal 371; 42 USC 262 Regulatory Flexibility Analysis would also require that FDA Required: Yes Abstract: The Food and Drug periodically issue guidance on the use Administration is proposing to amend of standardized data structure, Agency Contact: Martha Nguyen, the regulations governing the format in terminology, and code sets (e.g., the Regulatory Counsel, Department of which clinical study data and Study Data Tabulation Model (SDTM) Health and Human Services, Food and bioequivalence data are required to be developed by the Clinical Data Drug Administration, Center for Drug submitted for new drug applications Interchange Standards Consortium) to Evaluation and Research, 10903 New (NDAs), biological license applications allow for more efficient and Hampshire Avenue, Bldg. 51, Room (BLAs), and abbreviated new drug comprehensive data review. 6224, Silver Spring, MD 20993–0002 applications (ANDAs). The proposal Phone: 301 796–3471 would revise our regulations to require Fax: 301 847–8440
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HHS—FDA Proposed Rule Stage
Email: [email protected] marketed. The final action will address Timetable: RIN: 0910–AC52 laxative drug products. The first NPRM Action Date FR Cite listed will address the professional labeling for sodium phosphate drug ANPRM (Sunscreen 02/22/07 72 FR 7941 157. OVER–THE–COUNTER (OTC) products. The second NPRM listed will and Insect DRUG REVIEW—COUGH/COLD address all other professional labeling Repellent) (ANTIHISTAMINE) PRODUCTS requirements for laxative drug ANPRM Comment 05/23/07 Period End products. Legal Authority: 21 USC 321p; 21 USC NPRM (UVA/UVB) 08/27/07 72 FR 49070 331; 21 USC 351 to 353; 21 USC 355; Timetable: NPRM Comment 12/26/07 21 USC 360 to 360a; 21 USC 371 to Period End Action Date FR Cite 371a NPRM (Time and 09/00/09 Abstract: The OTC drug review Final Action (Granular 03/29/07 72 FR 14669 Extent) Psyllium) establishes conditions under which Final Action 09/00/09 Final Action (Laxative To Be Determined (UVA/UVB) OTC drugs are considered generally Drug Products) NPRM (Sunscreen To Be Determined recognized as safe and effective and not NPRM (Professional 09/00/09 and Insect misbranded. After a final monograph Labeling—Sodium Repellent) (i.e., final rule) is issued, only OTC Phosphate) drugs meeting the conditions of the Regulatory Flexibility Analysis NPRM (Professional To Be Determined Required: Yes monograph, or having an approved new Labeling) drug application, may be legally Agency Contact: Walter J. Ellenberg, marketed. This action addresses Regulatory Flexibility Analysis Regulatory Project Management Officer, antihistamine labeling claims for the Required: Yes Center for Drug Evaluation and common cold. Agency Contact: Walter J. Ellenberg, Research, Department of Health and Timetable: Regulatory Project Management Officer, Human Services, Food and Drug Center for Drug Evaluation and Administration, HFD–560, 5600 Fishers Action Date FR Cite Research, Department of Health and Lane, Rockville, MD 20857 Reopening of 08/25/00 65 FR 51780 Human Services, Food and Drug Phone: 301 796–0885 Administrative Administration, HFD–560, 5600 Fishers Fax: 301 796–9899 Record Lane, Rockville, MD 20857 Email: [email protected] NPRM (Amendment) 04/00/10 Phone: 301 796–0885 RIN: 0910–AF43 (Common Cold) Fax: 301 796–9899 Regulatory Flexibility Analysis Email: [email protected] Required: Yes 160. OVER–THE–COUNTER (OTC) RIN: 0910–AF38 DRUG REVIEW—WEIGHT CONTROL Agency Contact: Walter J. Ellenberg, PRODUCTS Regulatory Project Management Officer, Center for Drug Evaluation and 159. OVER–THE–COUNTER (OTC) Legal Authority: 21 USC 321p; 21 USC Research, Department of Health and DRUG REVIEW—SUNSCREEN 331; 21 USC 351 to 353; 21 USC 355; Human Services, Food and Drug PRODUCTS 21 USC 360; 21 USC 371 Administration, HFD–560, 5600 Fishers Legal Authority: 21 USC 321p; 21 USC Abstract: The OTC drug review Lane, Rockville, MD 20857 331; 21 USC 351 to 353; 21 USC 355; establishes conditions under which Phone: 301 796–0885 21 USC 360 to 360a; 21 USC 371 to OTC drugs are considered generally Fax: 301 796–9899 371a recognized as safe and effective and not Email: [email protected] misbranded. After a final monograph Abstract: The OTC drug review RIN: 0910–AF31 (i.e., final rule) is issued, only OTC establishes conditions under which drugs meeting the conditions of the OTC drugs are considered generally monograph, or having an approved new 158. OVER–THE–COUNTER (OTC) recognized as safe and effective and not drug application, may be legally DRUG REVIEW—LAXATIVE DRUG misbranded. After a final monograph marketed. One action addresses the PRODUCTS (i.e., final rule) is issued, only OTC ingredient phenylpropanolamine, and drugs meeting the conditions of the Legal Authority: 21 USC 321p; 21 USC the other actions address the ingredient monograph, or having an approved new benzocaine. 331; 21 USC 351 to 353; 21 USC 355; drug application, may be legally 21 USC 360 to 360a; 21 USC 371 to marketed. The first action addresses Timetable: 371a active ingredients reviewed under Time Action Date FR Cite Abstract: The OTC drug review and Extent Applications. The second NPRM 12/22/05 70 FR 75988 establishes conditions under which action is the final action that addresses (Phenylpropanol OTC drugs are considered generally sunscreen formulation, labeling, and amine) recognized as safe and effective and not testing requirements for both ultraviolet NPRM (Benzocaine) 09/00/09 misbranded. After a final monograph B and ultraviolet A radiation Final Action 05/00/10 (i.e., final rule) is issued, only OTC protection. The third action addresses (Phenylpropanol drugs meeting the conditions of the combination products containing amine) monograph, or having an approved new sunscreen and insect repellent Final Action To Be Determined drug application, may be legally ingredients. (Benzocaine)
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HHS—FDA Proposed Rule Stage
Regulatory Flexibility Analysis 161. PEDIATRIC DOSING FOR to address safety and efficacy issues Required: Yes COUGH, COLD, ALLERGY, associated with pediatric cough and BRONCHODILATOR, AND cold products. Agency Contact: Walter J. Ellenberg, ANTIASTHMATIC DRUG PRODUCTS Timetable: Regulatory Project Management Officer, FOR OVER–THE–COUNTER HUMAN Center for Drug Evaluation and USE; PROPOSED AMENDMENT OF Action Date FR Cite Research, Department of Health and FINAL MONOGRAPH NPRM 09/00/09 Human Services, Food and Drug Regulatory Flexibility Analysis Administration, HFD–560, 5600 Fishers Legal Authority: 21 USC 331; 21 USC Required: Yes Lane, Rockville, MD 20857 351 to 353; 21 USC 355; 21 USC 360 to 360(a); 21 USC 371 to 371(a) Phone: 301 796–0885 Agency Contact: Walter J. Ellenberg, Fax: 301 796–9899 Abstract: The OTC drug review Regulatory Project Management Officer, Email: [email protected] establishes conditions under which Center for Drug Evaluation and OTC drugs are considered generally Research, Department of Health and RIN: 0910–AF45 recognized as safe and effective and not Human Services, Food and Drug misbranded. After a monograph is Administration, HFD–560, 5600 Fishers issued, only OTC drugs meeting the Lane, Rockville, MD 20857 conditions of the monograph, or having Phone: 301 796–0885 an approved new drug application, may Fax: 301 796–9899 be legally marketed. This action will Email: [email protected] propose changes to the final monograph RIN: 0910–AG12
Department of Health and Human Services (HHS) Final Rule Stage Food and Drug Administration (FDA)
162. PREVENTION OF SALMONELLA implementation of the objectives in the process that achieves at least a five-log ENTERITIDIS IN SHELL EGGS Egg Safety Action Plan. destruction of SE. Legal Authority: 21 USC 321; 21 USC On September 22, 2004, FDA published The proposed rule was a step in a a proposed rule that would require egg 342; 21 USC 371; 21 USC 381; 21 USC broader farm-to-table egg safety effort 393; 42 USC 243; 42 USC 264; 42 USC safety measures to prevent the that includes FDA’s requirements for 271; contamination of shell eggs with SE during egg production. The proposal safe handling statements on egg Abstract: Publication of this final rule also solicited comment on whether cartons, and refrigerated storage of shell was an action item in the Food recordkeeping requirements should eggs at retail, and egg safety education Protection Plan announced by the include a written SE prevention plan for consumers and retail Department of Health and Human and records for compliance with the SE establishments. The rule had a 90-day Services (HHS) in November 2007. prevention measures, and whether safe comment period, which ended In July 1999, the Food and Drug egg handling and preparation practices December 21, 2004. To discuss the Administration (FDA) and the Food should be mandated for retail proposed rule and solicit comments Safety Inspection Service (FSIS) establishments that specifically serve a from interested stakeholders, FDA held committed to developing an action plan highly susceptible population (e.g., three public meetings: October 28, to address the presence of Salmonella nursing homes, hospitals, day care 2004, in College Park, MD; November Enteritidis (SE) in shell eggs and egg centers). The proposed egg production 9, 2004, in Chicago, IL; and November products using a farm-to-table SE prevention measures included: (1) 16, 2004, in Los Angeles, CA. The approach. FDA and FSIS held a public Provisions for procurement of chicks comment period was reopened until meeting on August 26, 1999, to obtain and pullets; (2) a biosecurity program; July 25, 2005, to solicit further stakeholder input on the draft goals, as (3) a rodent and pest control program; comment and information on industry well as to further develop the objectives (4) cleaning and disinfection of poultry practices and programs that prevent SE- and action items for the action plan. houses that have had an environmental monitored chicks from becoming The Egg Safety Action Plan was or egg test positive for SE; (5) egg infected by SE during the period of announced on December 11, 1999. The testing when an environmental test is pullet rearing until placement into goal of the Action Plan is to reduce positive; and (6) refrigerated storage of laying hen houses. egg-related SE illnesses. The Egg Safety eggs held at the farm. Additionally, to Action Plan consists of eight objectives verify that the measures have been Timetable: covering all stages of the farm-to-table effective, the rule proposes that continuum as well as support producers test the poultry house Action Date FR Cite functions. On March 30, 2000 environment for SE. If the NPRM 09/22/04 69 FR 56824 (Columbus, OH), April 6, 2000 environmental test is positive, eggs NPRM Comment 12/21/04 (Sacramento, CA), and July 31, 2000 from that environment must be tested Period End (Washington, DC), joint public meetings for SE, and if the egg test is positive, NPRM Reopened 06/09/05 70 FR 24490 were held by FDA and FSIS to solicit the eggs must be diverted to egg Comment Period and discuss information related to the products processing or a treatment End
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HHS—FDA Final Rule Stage
Action Date FR Cite Regulatory Flexibility Analysis 21 USC 360gg to 360ss; 21 USC 371; Required: Yes 21 USC 374; 21 USC 379e; 42 USC 216; NPRM Extension of 07/25/05 70 FR 33404 42 USC 241; 42 USC 262; 42 USC 264 Reopened Agency Contact: Quynh H. Nguyen, Comment Period Regulatory Counsel, Department of Abstract: To amend the regulations End Health and Human Services, Food and governing the format and content of Final Action 07/00/09 Drug Administration, Center for Drug labeling for human prescription drugs Regulatory Flexibility Analysis Evaluation and Research, 10903 New and biological products (21 CFR parts Required: Yes Hampshire Avenue, Bldg. 51, Room 201.56, 201.57, and 201.80). 6370, Silver Spring, MD 20993–0002 Timetable: Agency Contact: John F. Sheehan, Phone: 301 796–3601 Director, Department of Health and Fax: 301 847–8440 Action Date FR Cite Human Services, Food and Drug Email: [email protected] NPRM 05/29/08 73 FR 30831 Administration, Division of Plant and RIN: 0910–AC53 NPRM Comment 08/27/08 Dairy Food Safety (HFS–315), Room Period End 3B–012, 5100 Paint Branch Parkway, Final Action 03/00/10 College Park, MD 20740 164. POSITRON EMISSION Regulatory Flexibility Analysis Phone: 301 436–2367 TOMOGRAPHY DRUGS; CURRENT Required: Yes Fax: 301 436–2632 GOOD MANUFACTURING PRACTICES Email: [email protected] Agency Contact: Rachel S. Bressler, Legal Authority: PL 105–115, sec 121 Regulatory Counsel, Department of RIN: 0910–AC14 Abstract: Section 121 of the Food and Health and Human Services, Food and Drug Administration Modernization Act Drug Administration, Center for Drug 163. MEDICAL GAS CONTAINERS of 1997 (Pub. L. 105-115) directs FDA Evaluation Research, 10903 New AND CLOSURES; CURRENT GOOD to establish requirements for current Hampshire Ave., Bldg. 51, Room 6224, MANUFACTURING PRACTICE good manufacturing practices (CGMPs) Silver Spring, MD 20993–0002 REQUIREMENTS for positron emission tomography (PET) Phone: 301 796–4288 Fax: 301–847–8440 Legal Authority: drugs, a type of radiopharmaceutical. 21 USC 321; 21 USC Email: [email protected] 351 to 21 USC 353 The final rule would adopt CGMPs that reflect the unique characteristics of PET RIN: 0910–AF11 Abstract: The Food and Drug drugs. Administration is amending its current good manufacturing practice Timetable: 166. OVER–THE–COUNTER (OTC) regulations and other regulations to Action Date FR Cite DRUG REVIEW—COUGH/COLD (BRONCHODILATOR) PRODUCTS clarify and strengthen requirements for NPRM 09/20/05 70 FR 55038 the label, color, dedication, and design NPRM Comment 12/19/05 Legal Authority: 21 USC 321p; 21 USC of medical gas containers and closures. Period End 331; 21 USC 351 to 353; 21 USC 355; Despite existing regulatory Final Action 08/00/09 21 USC 360 to 360a; 21 USC 371 to requirements and industry standards 371a for medical gases, there have been Regulatory Flexibility Analysis Abstract: repeated incidents in which cryogenic Required: Yes The OTC drug review establishes conditions under which containers of harmful industrial gases Agency Contact: Michael D. Bernstein, OTC drugs are considered generally have been connected to medical oxygen Supervisory Regulatory Counsel, recognized as safe and effective and not supply systems in hospitals and Department of Health and Human misbranded. After a final monograph nursing homes, and subsequently Services, Food and Drug (i.e., final rule) is issued, only OTC administered to patients. These Administration, Center for Drug drugs meeting the conditions of the incidents have resulted in death and Evaluation and Research, Office of monograph, or having an approved new serious injury. There have also been Regulatory Policy, 10903 New drug application, may be legally several incidents involving high- Hampshire Ave., Bldg. 51, Room 6240, marketed. This action addresses pressure medical gas cylinders that Silver Spring, MD 20993–0002 labeling for single ingredient have resulted in death and injuries to Phone: 301 796–3478 bronchodilator products. patients. These amendments, together Fax: 301 847–8440 with existing regulations, are intended Email: [email protected] Timetable: to ensure that the types of incidents RIN: 0910–AC55 Action Date FR Cite that have occurred in the past, as well as other types of foreseeable and NPRM (Amendment— 07/13/05 70 FR 40237 165. CONTENT AND FORMAT OF Ephedrine Single potentially deadly medical gas mixups, Ingredient) LABELING FOR HUMAN do not occur in the future. Final Action (Technical 11/30/07 72 FR 63679 Timetable: PRESCRIPTION DRUGS AND Amendment) BIOLOGICS; REQUIREMENTS FOR Final Action 09/00/09 Action Date FR Cite PREGNANCY AND LACTATION (Amendment— NPRM 04/10/06 71 FR 18039 LABELING Ephedrine Single NPRM Comment 07/10/06 Legal Authority: 21 USC 321; 21 USC Ingredient) Period End 331; 21 USC 351 to 353; 21 USC 355; Regulatory Flexibility Analysis Final Action 09/00/09 21 USC 358; 21 USC 360; 21 USC 360b; Required: Yes
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HHS—FDA Final Rule Stage
Agency Contact: Walter J. Ellenberg, Abstract: The OTC drug review bicarbonate used as an antacid Regulatory Project Management Officer, establishes conditions under which ingredient. The fourth action addresses Center for Drug Evaluation and OTC drugs are considered generally other miscellaneous issues relating to Research, Department of Health and recognized as safe and effective and not internal analgesics. The fifth document Human Services, Food and Drug misbranded. After a final monograph finalizes the document regarding the Administration, HFD–560, 5600 Fishers (i.e., final rule) is issued, only OTC required warnings and other labeling. Lane, Rockville, MD 20857 drugs meeting the conditions of the The last document finalizes the Internal Phone: 301 796–0885 monograph, or having an approved new Analgesic Products monograph. Fax: 301 796–9899 drug application, may be legally Timetable: Email: [email protected] marketed. The final action addresses Action Date FR Cite RIN: 0910–AF32 the 2003 proposed rule on patches, plasters, and poultices. The proposed NPRM (Amendment) 12/26/06 71 FR 77314 rule will address issues not addressed (Required Warnings 167. OVER–THE–COUNTER (OTC) in previous rulemakings. and Other Labeling) DRUG REVIEW—COUGH/COLD Timetable: NPRM Comment 05/25/07 (COMBINATION) PRODUCTS Period End Legal Authority: 21 USC 321p; 21 USC Action Date FR Cite NPRM (Amendment) 05/00/10 331; 21 USC 351 to 353; 21 USC 355; Final Action (GRASE 12/00/09 (Overindulgence/ 21 USC 360 to 360a; 21 USC 371 to dosage forms) Hangover) 371a NPRM (Amendment) To Be Determined NPRM (Amendment) To Be Determined (Pediatric) Abstract: The OTC drug review Regulatory Flexibility Analysis NPRM (Amendment) 05/00/10 establishes conditions under which Required: Yes (Combinations With OTC drugs are considered generally Agency Contact: Walter J. Ellenberg, Sodium recognized as safe and effective and not Regulatory Project Management Officer, Bicarbonate) misbranded. After a final monograph Center for Drug Evaluation and NPRM (Amendment) 05/00/10 (i.e., final rule) is issued, only OTC (Miscellaneous Research, Department of Health and Issues) drugs meeting the conditions of the Human Services, Food and Drug monograph, or having an approved new Final Action (Required 05/00/09 Administration, HFD–560, 5600 Fishers Warnings and Other drug application, may be legally Lane, Rockville, MD 20857 Labeling) marketed. The technical amendment Phone: 301 796–0885 Final Action (Internal To Be Determined revises a paragraph designation in the Fax: 301 796–9899 Analgesics) CFR. The other action finalizes Email: [email protected] cough/cold combination products Regulatory Flexibility Analysis RIN: 0910–AF35 containing oral bronchodilators and Required: Yes expectorants. Agency Contact: Walter J. Ellenberg, Timetable: 169. OVER–THE–COUNTER (OTC) Regulatory Project Management Officer, DRUG REVIEW—INTERNAL Center for Drug Evaluation and Action Date FR Cite ANALGESIC PRODUCTS Research, Department of Health and NPRM (Amendment) 07/13/05 70 FR 40232 Legal Authority: 21 USC 321p; 21 USC Human Services, Food and Drug Final Action (Technical 03/19/07 72 FR 12730 331; 21 USC 351 to 353; 21 USC 355; Administration, HFD–560, 5600 Fishers Amendment) 21 USC 360; 21 USC 371; 21 USC 374; Lane, Rockville, MD 20857 Final Action 09/00/09 21 USC 379e Phone: 301 796–0885 Regulatory Flexibility Analysis Fax: 301 796–9899 Abstract: The OTC drug review Required: Yes Email: [email protected] establishes conditions under which Agency Contact: Walter J. Ellenberg, OTC drugs are considered generally RIN: 0910–AF36 Regulatory Project Management Officer, recognized as safe and effective and not Center for Drug Evaluation and misbranded. After a final monograph 170. OVER–THE–COUNTER (OTC) Research, Department of Health and (i.e., final rule) is issued, only OTC DRUG REVIEW—SKIN PROTECTANT Human Services, Food and Drug drugs meeting the conditions of the PRODUCTS Administration, HFD–560, 5600 Fishers monograph, or having an approved new Lane, Rockville, MD 20857 drug application, may be legally Legal Authority: 21 USC 321p; 21 USC Phone: 301 796–0885 marketed. The first action addresses 331; 21 USC 351 to 353; 21 USC 355; Fax: 301 796–9899 products labeled to relieve upset 21 USC 360; 21 USC 371 Email: [email protected] stomach associated with Abstract: The OTC drug review RIN: 0910–AF33 overindulgence in food and drink and establishes conditions under which to relieve symptoms associated with a OTC drugs are considered generally hangover. The second action addresses recognized as safe and effective and not 168. OVER–THE–COUNTER (OTC) products marketed for children under misbranded. After a final monograph DRUG REVIEW—EXTERNAL 2 years old and weight- and age-based (i.e., final rule) is issued, only OTC ANALGESIC PRODUCTS dosing for children’s products. The drugs meeting the conditions of the Legal Authority: 21 USC 321p; 21 USC third action addresses combination monograph, or having an approved new 331; 21 USC 351 to 353; 21 USC 355; products containing the analgesic drug application, may be legally 21 USC 360; 21 USC 371 acetaminophen or aspirin and sodium marketed. The first action addresses
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HHS—FDA Final Rule Stage
skin protectant products used to treat Timetable: in cattle infected with the disease. fever blisters and cold sores. The Action Date FR Cite Scientists believe that the human second action addresses astringent disease variant Creutzfeldt-Jakob active ingredients. The third action ANPRM 07/14/04 69 FR 42288 disease (vCJD) is likely caused by the identifies safe and effective skin ANPRM Comment 08/13/04 consumption of products contaminated protectant active ingredients to treat Period End with the agent that causes BSE. and prevent diaper rash. NPRM 10/06/05 70 FR 58569 NPRM Comment 12/20/05 On September 7, 2005, FDA amended Timetable: Period End the IFR to permit the use of small Action Date FR Cite Final Rule 04/25/08 73 FR 22720 intestine in human food and cosmetics Final Rule–Correction 10/23/08 73 FR 63072 if it is effectively removed from the Final Action (Technical 02/01/08 73 FR 6014 distal ileum. The amendment also Amendments) Final Rule Effective 04/27/09 clarified that milk and milk products, Final Action (Fever To Be Determined Regulatory Flexibility Analysis hides, and tallow derivatives are not Blisters/Cold Sores) Required: Yes Final Action 03/06/09 74 FR 9759 prohibited for use in human food and (Aluminum Acetate) Agency Contact: Burt Pritchett, cosmetics. (Technical Biologist, Department of Health and On April 17, 2008, FDA amended the Amendment) Human Services, Food and Drug IFR so that FDA may designate a Final Action (Diaper 12/00/09 Administration, Center for Veterinary country as not subject to certain BSE- Rash) Medicine, HFV–222, 7519 Standish related restrictions relating to Regulatory Flexibility Analysis Place, MPN–4, Rockville, MD 20855 prohibited cattle materials applicable to Required: Yes Phone: 240 453–6860 human food and cosmetics. Fax: 240 453–6882 Agency Contact: Walter J. Ellenberg, Email: [email protected] Comments submitted in response to the Regulatory Project Management Officer, July 14, 2004 IFR that were not Center for Drug Evaluation and RIN: 0910–AF46 addressed in the September 7, 2005 and Research, Department of Health and April 17, 2008 amendments will be Human Services, Food and Drug 172. USE OF MATERIALS DERIVED addressed in the final rule. The final Administration, HFD–560, 5600 Fishers FROM CATTLE IN HUMAN FOOD AND rule also will respond to comments Lane, Rockville, MD 20857 COSMETICS submitted following the September 7, Phone: 301 796–0885 2005 and April 17, 2008 amendments. Legal Authority: 21 USC 342; 21 USC Fax: 301 796–9899 Timetable: Email: [email protected] 361; 21 USC 371 Action Date FR Cite RIN: 0910–AF42 Abstract: On July 14, 2004, FDA issued an interim final rule (IFR), effective Interim Final Rule 07/14/04 69 FR 42256 immediately, to prohibit the use of Interim Final Rule 07/14/04 171. SUBSTANCES PROHIBITED certain cattle material and to address Effective FROM USE IN ANIMAL FOOD OR the potential risk of bovine spongiform Interim Final Rule 10/12/04 FEED TO PREVENT THE encephalopathy (BSE) in human food, Comment Period TRANSMISSION OF BOVINE including dietary supplements, and End SPONGIFORM ENCEPHALOPATHY cosmetics. Prohibited cattle materials Interim Final Rule 09/07/05 70 FR 53063 (Amendments) Legal Authority: 21 USC 321; 21 USC under the IFR include specified risk Interim Final Rule 10/07/05 342; 21 USC 343; 21 USC 348; 21 USC materials, small intestine of all cattle, 371 (Amendments) material from nonambulatory disabled Effective Abstract: On October 6, 2005, the Food cattle, material from cattle not Interim Final Rule 11/07/05 and Drug Administration (FDA) inspected and passed for human (Amendments) proposed to amend its regulations to consumption, and mechanically Comment Period prohibit the use of certain cattle origin separated (MS) beef. Specified risk End materials in the food or feed of all materials are the brain, skull, eyes, Interim Final Rule 04/17/08 73 FR 20785 animals to help strengthen existing trigeminal ganglia, spinal cord, (Amendments) safeguards to prevent the spread of vertebral column (excluding the Interim Final Rule 07/16/08 bovine spongiform encephalopathy vertebrae of the tail, the transverse (Amendments) (BSE) in U.S. cattle. The discovery of processes of the thoracic and lumbar Comment Period End a BSE-positive dairy cow in December vertebrae, and the wings of the sacrum), and dorsal root ganglia of cattle 30 Interim Final Rule 07/16/08 2003 has caused FDA to review its (Amendments) policies for prevention of BSE, which months and older; and the tonsils and Effective resulted in this rulemaking. FDA is distal ileum of the small intestine of Final Action 09/00/09 correcting the final rule on BSE that all cattle. Prohibited cattle materials do appeared in the Federal Register of not include tallow that contains no Regulatory Flexibility Analysis April 25, 2008 (73 FR 22719-22758). more than 0.15 percent hexane- Required: Yes The final rule inadvertently published insoluble impurities and tallow Agency Contact: Amber McCoig, with incorrect dollar amounts in two derivatives. This action minimizes Consumer Safety Officer, Department of separate areas: the summary of human exposure to materials that Health and Human Services, Food and economic impacts and the paperwork scientific studies have demonstrated are Drug Administration, Center for Food burden table. highly likely to contain the BSE agent Safety and Applied Nutrition,
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HHS—FDA Final Rule Stage
(HFS–316), 5100 Paint Branch Parkway, (the Bioterrorism Act) (Pub. L. 107- 21 USC 360 to 360a; 21 USC 371 to College Park, MD 20740 188). 371a Phone: 301 436–2131 Timetable: Abstract: The OTC drug review Fax: 301 436–2644 establishes conditions under which Action Date FR Cite Email: [email protected] OTC drugs are considered generally RIN: 0910–AF47 NPRM 09/18/08 73 FR 54106 recognized as safe and effective and not NPRM Comment 12/02/08 misbranded. After a final monograph Period End (i.e., final rule) is issued, only OTC 173. LABEL REQUIREMENT FOR Final Action To Be Determined drugs meeting the conditions of the FOOD THAT HAS BEEN REFUSED monograph, or having an approved new ADMISSION INTO THE UNITED Regulatory Flexibility Analysis drug application, may be legally STATES Required: Yes marketed. This action will address acne Legal Authority: 15 USC 1453 to 1455; Agency Contact: Kevin O. Kwon, drug products containing benzoyl 21 USC 321; 21 USC 342 and 343; 21 Regulatory Counsel, Department of peroxide. Health and Human Services, Food and USC 371; 21 USC 374; 21 USC 381; Timetable: 42 USC 216; 42 USC 264 Drug Administration, Center for Food Safety and Applied Nutrition, Action Date FR Cite Abstract: The final rule will require (HFS–024), Room 1B–032, 5100 Paint Final Action 10/00/09 owners or consignees to label imported Branch Parkway, College Park, MD food that is refused entry into the 20740 Regulatory Flexibility Analysis United States. The label will read, Phone: 301 436–2780 Required: Yes ‘‘UNITED STATES: REFUSED ENTRY.’’ Fax: 301 436–2637 Agency Contact: Walter J. Ellenberg, The proposal describes the label’s Email: [email protected] characteristics (such as its size) and Regulatory Project Management Officer, processes for verifying that the label RIN: 0910–AF61 Center for Drug Evaluation and has been affixed properly. We are Research, Department of Health and taking this action to prevent the Human Services, Food and Drug 174. OVER–THE–COUNTER (OTC) Administration, HFD–560, 5600 Fishers introduction of unsafe food into the DRUG REVIEW—ACNE DRUG United States, to facilitate the Lane, Rockville, MD 20857 PRODUCTS CONTAINING BENZOYL Phone: 301 796–0885 examination of imported food, and to PEROXIDE implement section 308 of the Public Fax: 301 796–9899 Health Security and Bioterrorism Legal Authority: 21 USC 321p; 21 USC Email: [email protected] Preparedness and Response Act of 2002 331; 21 USC 351 to 353; 21 USC 355; RIN: 0910–AG00
Department of Health and Human Services (HHS) Long-Term Actions Food and Drug Administration (FDA)
175. POSTMARKETING SAFETY other revisions to these regulations to Fax: 301–847–8440 REPORTING REQUIREMENTS FOR enhance the quality of safety reports RIN: 0910–AA97 HUMAN DRUG AND BIOLOGICAL received by FDA. PRODUCTS Timetable: 176. CURRENT GOOD Legal Authority: 42 USC 216; 42 USC Action Date FR Cite MANUFACTURING PRACTICE IN 241; 42 USC 242a; 42 USC 262 and MANUFACTURING, PACKING, 263; 42 USC 263a to 263n; 42 USC 264; NPRM 03/14/03 68 FR 12406 LABELING, OR HOLDING 42 USC 300aa; 21 USC 321; 21 USC NPRM Comment 06/18/03 OPERATIONS FOR DIETARY 331; 21 USC 351 to 353; 21 USC 355; Period Extended SUPPLEMENTS 21 USC 360; 21 USC 360b to 360j; 21 NPRM Comment 07/14/03 USC 361a; 21 USC 371; 21 USC 374; Period End Legal Authority: 21 USC 321; 21 USC 21 USC 375; 21 USC 379e; 21 USC 381 NPRM Comment 10/14/03 342 and 343; 21 USC 348; 21 USC 371; Period Extension 21 USC 374; 21 USC 381; 21 USC 393; Abstract: These regulations are one End 42 USC 264 component of the Secretary’s initiative Final Action To Be Determined to reduce medical errors. The final rule Abstract: The Food and Drug Regulatory Flexibility Analysis would amend the expedited and Administration published a final rule Required: periodic safety reporting regulations for Yes in the Federal Register of June 25, 2007 human drugs and biological products Agency Contact: Meredith S. Francis, (72 FR 34752), on current good to revise certain definitions and Regulatory Counsel, Department of manufacturing practice (CGMP) reporting formats as recommended by Health and Human Services, Food and regulations for dietary supplements. the International Conference on Drug Administration, Center for Drug The final rule (the CGMP rule) was Harmonisation and to define new Evaluation and Research, 10903 New published to establish the minimum terms; to add to or revise current Hampshire Avenue, Building 51, Room CGMPs necessary to ensure that, if reporting requirements; to revise certain 6238, Silver Spring, MD 20993–0002 firms engage in activities related to reporting time frames; and to propose Phone: 301 796–3476 manufacturing, packaging, labeling, or
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HHS—FDA Long-Term Actions
holding dietary supplements, they do 177. OVER–THE–COUNTER (OTC) recognized as safe and effective and not so in a manner that will ensure the DRUG REVIEW—COUGH/COLD misbranded. After a final monograph quality of the dietary supplements—i.e., (NASAL DECONGESTANT) (i.e., final rule) is issued, only OTC to ensure that the dietary supplement PRODUCTS drugs meeting the conditions of the consistently meets the established Legal Authority: 21 USC 321p; 21 USC monograph, or having an approved new specifications for identity, purity, 331; 21 USC 351 to 353; 21 USC 355; drug application, may be legally strength, and composition, and limits 21 USC 360 to 360a; 21 USC 371 to marketed. This action addresses on contaminants, and has been 371a labeling for convenience (small) size OTC drug packages. manufactured, packaged, labeled, and Abstract: The OTC drug review held under conditions to prevent establishes conditions under which Timetable: adulteration under section 402(a)(1), OTC drugs are considered generally Action Date FR Cite (a)(2), (a)(3), and (a)(4) of the act. recognized as safe and effective and not NPRM (Convenience 12/12/06 71 FR 74474 FDA also published an interim final misbranded. After a final monograph Sizes) (i.e., final rule) is issued, only OTC rule (IFR) in the June 25, 2007 Federal Final Action 05/00/10 drugs meeting the conditions of the Register (72 FR 34959) that sets forth monograph, or having an approved new Regulatory Flexibility Analysis a procedure for requesting an drug application, may be legally Required: Yes exemption from the requirement in the marketed. This action addresses the Agency Contact: final rule described above that the Walter J. Ellenberg, ingredient phenylpropanolamine. Regulatory Project Management Officer, manufacturer conduct at least one Center for Drug Evaluation and appropriate test or examination to Timetable: Research, Department of Health and verify the identity of any component Action Date FR Cite Human Services, Food and Drug that is a dietary ingredient. This IFR NPRM (Amendment) 08/02/04 69 FR 46119 Administration, HFD–560, 5600 Fishers allows for submission to, and review (Sinusitis Claim) Lane, Rockville, MD 20857 by, FDA of an alternative to the NPRM (Phenylephrine 11/02/04 69 FR 63482 Phone: 301 796–0885 required 100 percent identity testing of Bitartrate) Fax: 301 796–9899 components that are dietary NPRM 12/22/05 70 FR 75988 Email: [email protected] ingredients, provided certain conditions (Phenylpropanol are met. This IFR also establishes a amine) RIN: 0910–AF37 requirement for retention of records Final Action 10/31/05 70 FR 58974 relating to the FDA’s response to an (Amendment) 179. OVER–THE–COUNTER (OTC) (Sinusitis Claim) exemption request. DRUG REVIEW—OPHTHALMIC Final Action 08/01/06 71 FR 83358 PRODUCTS Timetable: (Phenylephrine Bitartrate) Legal Authority: 21 USC 321p; 21 USC Action Date FR Cite Final Action 05/00/10 331; 21 USC 351 to 353; 21 USC 355; (Phenylpropanol ANPRM 02/06/97 62 FR 5700 21 USC 360; 21 USC 371 amine) ANPRM Comment 06/06/97 Abstract: The OTC drug review Period End Regulatory Flexibility Analysis establishes conditions under which NPRM 03/13/03 68 FR 12157 Required: Yes OTC drugs are considered generally NPRM Comment 08/11/03 Agency Contact: Walter J. Ellenberg, recognized as safe and effective and not Period End Regulatory Project Management Officer, misbranded. After a final monograph Final Action 06/25/07 72 FR 34752 Center for Drug Evaluation and (i.e., final rule) is issued, only OTC Interim Final Rule 06/25/07 72 FR 34959 Research, Department of Health and drugs meeting the conditions of the Interim Final Rule 10/24/07 Human Services, Food and Drug monograph, or having an approved new Comment Period Administration, HFD–560, 5600 Fishers drug application, may be legally End Lane, Rockville, MD 20857 marketed. This action addresses Final Action To Be Determined Phone: 301 796–0885 emergency first aid eyewash products. Fax: 301 796–9899 Timetable: Regulatory Flexibility Analysis Email: [email protected] Required: Yes Action Date FR Cite RIN: 0910–AF34 Agency Contact: Linda Kahl, Senior NPRM (Amendment) 02/19/03 68 FR 7917 Policy Analyst, Department of Health (Emergency First 178. OVER–THE–COUNTER (OTC) Aid Eyewashes) and Human Services, Food and Drug DRUG REVIEW—LABELING OF DRUG NPRM (Amendment) To Be Determined Administration, Center for Food Safety PRODUCTS FOR OTC HUMAN USE (Emergency First and Applied Nutrition (HFS–024), 5100 Aid Eyewashes) Paint Branch Parkway, College Park, Legal Authority: 21 USC 321p; 21 USC Regulatory Flexibility Analysis MD 20740 331; 21 USC 351 to 353; 21 USC 355; 21 USC 358; 21 USC 360; 21 USC 371; Required: Yes Phone: 301 436–2784 21 UCS 374; 21 USC 379e Fax: 301 436–2657 Agency Contact: Walter J. Ellenberg, Email: [email protected] Abstract: The OTC drug review Regulatory Project Management Officer, establishes conditions under which Center for Drug Evaluation and RIN: 0910–AB88 OTC drugs are considered generally Research, Department of Health and
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HHS—FDA Long-Term Actions
Human Services, Food and Drug Abstract: The OTC drug review Agency Contact: Walter J. Ellenberg, Administration, HFD–560, 5600 Fishers establishes conditions under which Regulatory Project Management Officer, Lane, Rockville, MD 20857 OTC drugs are considered generally Center for Drug Evaluation and Phone: 301 796–0885 recognized as safe and effective and not Research, Department of Health and Fax: 301 796–9899 misbranded. After a final monograph Human Services, Food and Drug Email: [email protected] (i.e., final rule) is issued, only OTC Administration, HFD–560, 5600 Fishers RIN: 0910–AF39 drugs meeting the conditions of the Lane, Rockville, MD 20857 monograph, or having an approved new Phone: 301 796–0885 drug application, may be legally Fax: 301 796–9899 180. OVER–THE–COUNTER (OTC) marketed. The proposed rule addresses Email: [email protected] DRUG REVIEW—ORAL HEALTH CARE vaginal contraceptive drug products. RIN: PRODUCTS 0910–AF51 Timetable: Legal Authority: 21 USC 321p; 21 USC 331; 21 USC 351 to 353; 21 USC 355; Action Date FR Cite 183. OVER–THE–COUNTER (OTC) DRUG REVIEW—ANTACID PRODUCTS 21 USC 360 to 360a; 21 USC 371 to Final Action 12/19/07 72 FR 71769 371a (Warnings) Legal Authority: 21 USC 321p; 21 USC Abstract: The OTC drug review NPRM (Vaginal 05/00/10 331; 21 USC 351 to 353; 21 USC 355; establishes conditions under which Contraceptive Drug 21 USC 360; 21 USC 371 Products) OTC drugs are considered generally Abstract: The OTC drug review recognized as safe and effective and not Regulatory Flexibility Analysis establishes conditions under which misbranded. After a final monograph Required: Yes OTC drugs are considered generally (i.e., final rule) is issued, only OTC recognized as safe and effective and not Agency Contact: drugs meeting the conditions of the Walter J. Ellenberg, misbranded. After a final monograph monograph, or having an approved new Regulatory Project Management Officer, (i.e., final rule) is issued, only OTC drug application, may be legally Center for Drug Evaluation and drugs meeting the conditions of the marketed. This action will address oral Research, Department of Health and monograph, or having an approved new health care products used to reduce or Human Services, Food and Drug drug application, may be legally prevent dental plaque and gingivitis. Administration, HFD–560, 5600 Fishers marketed. One action addresses the Lane, Rockville, MD 20857 Timetable: labeling of products containing sodium Phone: 301 796–0885 bicarbonate as an active ingredient. The Action Date FR Cite Fax: 301 796–9899 other action addresses the use of Email: [email protected] ANPRM (Plaque 05/29/03 68 FR 32232 antacids to relieve upset stomach Gingivitis) RIN: 0910–AF44 associated with overindulgence in food ANPRM Comment 08/27/03 and drink. Period End Timetable: NPRM (Plaque To Be Determined 182. OVER–THE–COUNTER (OTC) Gingivitis) DRUG REVIEW—OVERINDULGENCE Action Date FR Cite IN FOOD AND DRINK PRODUCTS Final Action To Be Determined Final Action (Sodium 05/00/10 Regulatory Flexibility Analysis Legal Authority: 21 USC 321p; 21 USC Bicarbonate Required: Yes 331; 21 USC 351 to 353; 21 USC 355; Labeling) 21 USC 360; 21 USC 371 Final Action 05/00/10 Agency Contact: Walter J. Ellenberg, (Overindulgence Regulatory Project Management Officer, Abstract: The OTC drug review Labeling) Center for Drug Evaluation and establishes conditions under which Research, Department of Health and Regulatory Flexibility Analysis OTC drugs are considered generally Required: Yes Human Services, Food and Drug recognized as safe and effective and not Administration, HFD–560, 5600 Fishers misbranded. After a final monograph Agency Contact: Walter J. Ellenberg, Lane, Rockville, MD 20857 (i.e., final rule) is issued, only OTC Regulatory Project Management Officer, Phone: 301 796–0885 drugs meeting the conditions of the Center for Drug Evaluation and Fax: 301 796–9899 monograph, or having an approved new Research, Department of Health and Email: [email protected] drug application, may be legally Human Services, Food and Drug RIN: 0910–AF40 marketed. This action addresses Administration, HFD–560, 5600 Fishers products containing bismuth Lane, Rockville, MD 20857 subsalicylate for relief of symptoms of Phone: 301 796–0885 181. OVER–THE–COUNTER (OTC) upset stomach due to overindulgence Fax: 301 796–9899 DRUG REVIEW—VAGINAL resulting from food and drink. Email: [email protected] CONTRACEPTIVE PRODUCTS RIN: 0910–AF52 Legal Authority: 21 USC 321p; 21 USC Timetable: 331; 21 USC 351 to 353; 21 USC 355; Action Date FR Cite 21 USC 358; 21 USC 360 to 360a; 21 184. OVER–THE–COUNTER (OTC) NPRM (Amendment) 01/05/05 70 FR 741 USC 360gg to 360ss; 21 USC 371 to DRUG REVIEW—SKIN BLEACHING Final Action 05/00/10 371a; 21 USC 374; 21 USC 379e; 42 PRODUCTS USC 216; 42 USC 241; 42 USC 262; Regulatory Flexibility Analysis Legal Authority: 21 USC 321p; 21 USC 42 USC 264 Required: Yes 331; 21 USC 351 to 353; 21 USC 355;
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HHS—FDA Long-Term Actions
21 USC 360 to 360a; 21 USC 371 to Regulatory Flexibility Analysis OTC drugs are considered generally 371a Required: Yes recognized as safe and effective and not misbranded. After a final monograph Abstract: The OTC drug review Agency Contact: Walter J. Ellenberg, (i.e., final rule) is issued, only OTC establishes conditions under which Regulatory Project Management Officer, drugs meeting the conditions of the OTC drugs are considered generally Center for Drug Evaluation and monograph, or having an approved new recognized as safe and effective and not Research, Department of Health and drug application, may be legally misbranded. After a final monograph Human Services, Food and Drug marketed. This action addresses the (i.e., final rule) is issued, only OTC Administration, HFD–560, 5600 Fishers ingredient ipecac syrup. drugs meeting the conditions of the Lane, Rockville, MD 20857 monograph, or having an approved new Phone: 301 796–0885 Timetable: Fax: 301 796–9899 drug application, may be legally Action Date FR Cite marketed. This action addresses skin Email: [email protected] bleaching drug products containing RIN: 0910–AF56 NPRM (IPECAC) 06/00/10 hydroquinone. Regulatory Flexibility Analysis Required: Timetable: 186. OVER–THE–COUNTER Yes Action Date FR Cite ANTIDIARRHEAL DRUG PRODUCTS Agency Contact: Walter J. Ellenberg, Regulatory Project Management Officer, NPRM 08/29/06 71 FR 51146 Legal Authority: 21 USC 321p; 21 USC 331; 21 USC 351 to 353; 21 USC 355; Center for Drug Evaluation and NPRM Comment 12/27/06 Research, Department of Health and Period End 21 USC 360 to 360a; 21 USC 371 to Human Services, Food and Drug Final Action To Be Determined 371a Administration, HFD–560, 5600 Fishers Regulatory Flexibility Analysis Abstract: The OTC drug review Lane, Rockville, MD 20857 Required: Yes establishes conditions under which Phone: 301 796–0885 OTC drugs are considered generally Fax: 301 796–9899 Agency Contact: Walter J. Ellenberg, recognized as safe and effective and not Email: [email protected] Regulatory Project Management Officer, misbranded. After a final monograph Center for Drug Evaluation and (i.e., final rule) is issued, only OTC RIN: 0910–AF68 Research, Department of Health and drugs meeting the conditions of the Human Services, Food and Drug monograph, or having an approved new 188. OVER–THE–COUNTER (OTC) Administration, HFD–560, 5600 Fishers drug application, may be legally DRUG REVIEW—TOPICAL Lane, Rockville, MD 20857 marketed. These actions address new ANTIMICROBIAL DRUG PRODUCTS Phone: 301 796–0885 labeling for antidiarrheal drug products. Legal Authority: 21 USC 321p; 21 USC Fax: 301 796–9899 Timetable: Email: [email protected] 331; 21 USC 351 to 353; 21 USC 355; Action Date FR Cite 21 USC 360 to 360a; 21 USC 371 to RIN: 0910–AF53 NPRM (Proposed New To Be Determined 371a Labeling) Abstract: The OTC drug review 185. OVER–THE–COUNTER (OTC) Final Action (New To Be Determined establishes conditions under which DRUG REVIEW—STIMULANT DRUG Labeling) OTC drugs are considered generally PRODUCTS Regulatory Flexibility Analysis recognized as safe and effective and not Legal Authority: 21 USC 321p; 21 USC Required: Yes misbranded. After a final monograph 331; 21 USC 351 to 353; 21 USC 355; Agency Contact: Walter J. Ellenberg, (i.e., final rule) is issued, only OTC 21 USC 360 to 360a; 21 USC 371 to Regulatory Project Management Officer, drugs meeting the conditions of the 371a Center for Drug Evaluation and monograph, or having an approved new drug application, may be legally Abstract: The OTC drug review Research, Department of Health and Human Services, Food and Drug marketed. The first action addresses establishes conditions under which food handler products. The second OTC drugs are considered generally Administration, HFD–560, 5600 Fishers Lane, Rockville, MD 20857 action addresses testing requirements. recognized as safe and effective and not The final actions listed will address the misbranded. After a final monograph Phone: 301 796–0885 Fax: 301 796–9899 healthcare, consumer, and first aid (i.e., final rule) is issued, only OTC antiseptic drug products respectively. drugs meeting the conditions of the Email: [email protected] monograph, or having an approved new RIN: 0910–AF63 Timetable: drug application, may be legally Action Date FR Cite marketed. This action addresses the use 187. OVER–THE–COUNTER (OTC) NPRM (Healthcare) 06/17/94 59 FR 31402 of stimulant active ingredients to DRUG REVIEW—POISON TREATMENT NPRM (Food To Be Determined relieve symptoms associated with a DRUG PRODUCTS Handlers) hangover. NPRM (Testing) To Be Determined Legal Authority: 21 USC 321p; 21 USC NPRM (Consumer) To Be Determined Timetable: 331; 21 USC 351 to 353; 21 USC 355; Final Action To Be Determined Action Date FR Cite 21 USC 360; 21 USC 371 (Healthcare) NPRM (Amendment) 05/00/10 Abstract: The OTC drug review Final Action To Be Determined (Hangover) establishes conditions under which (Consumer)
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HHS—FDA Long-Term Actions
Action Date FR Cite Fax: 301 796–9899 Abstract: The Food and Drug Email: [email protected] Administration (FDA) is proposing Final Action (First Aid To Be Determined regulations for process controls for Antiseptic) RIN: 0910–AF70 animal feed ingredients and mixed Regulatory Flexibility Analysis animal feed to provide greater Required: Yes 190. STATUS OF CERTAIN assurance that marketed animal feed ADDITIONAL OVER–THE–COUNTER Agency Contact: Walter J. Ellenberg, ingredients and mixed feeds intended DRUG CATEGORY II ACTIVE Regulatory Project Management Officer, for all animals, including pets, are safe. INGREDIENTS Center for Drug Evaluation and This action is being taken as part of Research, Department of Health and Legal Authority: 21 USC 321p; 21 USC the FDA’s Animal Feed Safety System Human Services, Food and Drug 331; 21 USC 351 to 353; 21 USC 355; initiative. The proposed process Administration, HFD–560, 5600 Fishers 21 USC 360 to 360a; 21 USC 371 to controls will apply to animal feed Lane, Rockville, MD 20857 371a ingredients and mixed animal feed Phone: 301 796–0885 Abstract: The Food and Drug including pet food. This action is also Fax: 301 796–9899 Administration (FDA) is proposing that being taken to carry out the Email: [email protected] certain ingredients in over-the-counter requirements of the Food and Drug RIN: 0910–AF69 (OTC) drug products are not generally Administration Amendments Act of recognized as safe and effective or are 2007. Section 1002(a) directs FDA to misbranded. FDA is issuing this 189. OVER–THE–COUNTER (OTC) establish by regulation processing proposed rule because we did not standards for pet food. This same DRUG REVIEW—URINARY receive any data and information on provision of the law also directs that, ANALGESIC DRUG PRODUCTS these ingredients in response to our in developing these new regulations, Legal Authority: 21 USC 321p; 21 USC request on December 31, 2003 (68 FR 75585). This proposed rule is part of FDA obtain input from its stakeholders, 331; 21 USC 351 to 353; 21 USC 355; including the Association of American 21 USC 360 to 360a; 21 USC 371 to FDA’s ongoing review of OTC drug Feed Control Officials, veterinary 371a products. medical associations, animal health Timetable: Abstract: The OTC drug review organizations, and pet food establishes conditions under which Action Date FR Cite manufacturers. OTC drugs are considered generally NPRM 06/19/08 73 FR 34895 recognized as safe and effective and not Timetable: NPRM Comment 09/17/08 misbranded. After a final monograph Period End Action Date FR Cite (i.e., final rule) is issued, only OTC Final Action To Be Determined drugs meeting the conditions of the NPRM 04/00/10 monograph, or having an approved new Regulatory Flexibility Analysis NPRM Comment 07/00/10 drug application, may be legally Required: Yes Period End marketed. This action addresses the Agency Contact: Walter J. Ellenberg, products used for urinary pain relief. Regulatory Project Management Officer, Regulatory Flexibility Analysis Required: Yes Timetable: Center for Drug Evaluation and Research, Department of Health and Agency Contact: Kim Young, Deputy Action Date FR Cite Human Services, Food and Drug Administration, HFD–560, 5600 Fishers Director, Division of Compliance, NPRM (Urinary To Be Determined Department of Health and Human Analgesic) Lane, Rockville, MD 20857 Services, Food and Drug Regulatory Flexibility Analysis Phone: 301 796–0885 Fax: 301 796–9899 Administration, Center for Veterinary Required: Yes Email: [email protected] Medicine, MPN4, Room 106, HFV–230, Agency Contact: Walter J. Ellenberg, 7519 Standish Place, Rockville, MD RIN: 0910–AF95 Regulatory Project Management Officer, 20855 Center for Drug Evaluation and Phone: 240 276–9207 Research, Department of Health and 191. PROCESS CONTROLS FOR Email: [email protected] Human Services, Food and Drug ANIMAL FEED INGREDIENTS AND Administration, HFD–560, 5600 Fishers MIXED ANIMAL FEED RIN: 0910–AG10 Lane, Rockville, MD 20857 Legal Authority: 21 USC 342; 21 USC Phone: 301 796–0885 371; PL 110–85, sec 1002(a)(2)
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Department of Health and Human Services (HHS) Completed Actions Food and Drug Administration (FDA)
192. REQUIREMENTS FOR Completed: Fax: 240 276–2352 SUBMISSION OF IN VIVO Reason Date FR Cite Email: [email protected] BIOEQUIVALENCE DATA RIN: Final Action 01/05/09 74 FR 207 0910–AF21 Legal Authority: 21 USC 321; 21 USC Final Rule—Objection 02/04/09 331; 21 USC 351 to 353; 21 USC 355 Period End 195. FOOD LABELING; SERVING to 355a; 21 USC 356; 21 USC 356a to Final 03/11/09 74 FR 10483 SIZES AND NUTRITION LABELING 356c; 21 USC 371; 21 USC 374; 21 USC Rule–Confirmation (COMPLETION OF A SECTION 610 379 of Effective Date REVIEW) Regulatory Flexibility Analysis Legal Authority: 15 USC 1453 to 1455; Abstract: The Food and Drug Required: Yes Administration (FDA) published a 21 USC 321; 21 USC 331; 21 USC 342 proposed regulation on October 29, Agency Contact: Mical E. Honigfort and 343; 21 USC 348; 21 USC 371 2003 (68 FR 61640), that would amend Phone: 301 436–1278 Abstract: Section 101.9 (21 CFR 101.9) its regulations on submission of Fax: 301 436–2972 describes the nutrition labeling bioequivalence (BE) data to require an Email: [email protected] requirements for foods. Section 101.12 abbreviated new drug application RIN: 0910–AF12 (21 CFR 101.12) specifies the reference (ANDA) applicant to submit data from amount customarily consumed per all BE studies the applicant conducts 194. OBSTETRICAL AND eating occasion for each food category. The reference amount customarily on a drug product formulation GYNECOLOGICAL DEVICES; consumed of a food is the basis for the submitted for approval. In the past, DESIGNATION OF SPECIAL serving size that is declared in the ANDA applicants have submitted BE CONTROLS FOR MALE CONDOMS food’s nutrition labeling. Under section studies demonstrating that a generic MADE OF NATURAL RUBBER LATEX product meets BE criteria for FDA to 101.9, the serving size must be approve the ANDA but have not Legal Authority: 21 USC 360c expressed in a common household typically submitted additional BE Abstract: The classification regulation measure that is appropriate to the food. studies conducted on the same drug for condoms would be amended to The most recent change to sections product formulation. If finalized, this specify a labeling guidance document 101.9 and 101.12 was in 1999, when rule would require ANDA applicants to as a special control for condoms made FDA amended these regulations to submit information, in either a from natural rubber latex. The new reduce the reference amount complete or summary report, from all special control guidance document customarily consumed for baking additional passing and nonpassing BE would identify issues presented by powder, baking soda, and pectin, and studies conducted on the same drug these devices, and would provide to include 1/8 teaspoon as an allowable product formulation submitted for detailed recommendations for labeling unit of household measure for nutrition approval. to address these issues. FDA believes labeling purposes. FDA has completed that addressing the issues identified in a review of sections 101.9 and 101.12 Completed: the guidance, either by following the under section 610 of the Regulatory Reason Date FR Cite recommendations in the guidance or by Flexibility Act. The purpose of this some other means that provide review was to determine whether the Final Action 01/16/09 74 FR 2849 equivalent assurances of safety and regulations in sections 101.9 and 101.12 should be continued without Regulatory Flexibility Analysis effectiveness, together with the general change, or whether they should be Required: Yes controls, will provide a reasonable assurance of the safety and amended or rescinded, consistent with Agency Contact: Jennifer L. Stevens effectiveness of these devices. These the stated objectives of applicable Phone: 301 796–3601 labeling recommendations are also statutes, to minimize any significant Fax: 301 847–8440 consistent with the labeling economic impact on a substantial Email: [email protected] requirements of 21 CFR part 801. The number of small entities. FDA solicited rule will demonstrate how the Agency comments on the following: (1) The RIN: 0910–AC23 is addressing the congressional continued need for the regulations in directive of Public Law 106-554 that sections 101.9 and 101.12; (2) the nature of complaints or comments 193. COCHINEAL EXTRACT AND FDA review condom labeling to assure received concerning the regulations in CARMINE LABEL DECLARATION that the information regarding the overall effectiveness or lack of sections 101.9 and 101.12; (3) the Legal Authority: 21 USC 379e(b) effectiveness of condoms in preventing complexity of the regulations; (4) the sexually transmitted diseases is extent to which the regulations in Abstract: The Agency published a final medically accurate. sections 101.9 and 101.12 overlap, rule on January 5, 2009, to require the duplicate, or conflict with other Federal label declaration of all foods and Completed: rules, and to the extent feasible, with cosmetics containing the color Reason Date FR Cite State or governmental rules; and (5) the additives cochineal extract and carmine Final Action 11/10/08 73 FR 66522 degree to which technology, economic in order to protect consumers with conditions, or other factors have allergies to these additives. This final Regulatory Flexibility Analysis changed in the area affected by the rule was issued in response to adverse Required: Yes regulations in sections 101.9 and event reports received by FDA and to Agency Contact: Myrna Hanna 101.12. FDA received no comments and a citizen petition submitted to FDA. Phone: 240 276–2347 concluded that there is a continuing
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HHS—FDA Completed Actions
need for the nutrition labeling and Timetable: Human Services, Food and Drug serving size regulations in sections Action Date FR Cite Administration, Center for Food Safey 101.9 and 101.12 and that these and Applied Nutrition, 5100 Paint regulations should be retained without Begin Review 12/12/08 Branch Parkway, ONLDS (HFS–820), End Review 02/10/09 change. College Park, MD 20740 Regulatory Flexibility Analysis Phone: 301 436–1788 Required: No Fax: 301 436–1191 Email: [email protected] Agency Contact: Mary Brandt, Statistician, Department of Health and RIN: 0910–AF99
Department of Health and Human Services (HHS) Proposed Rule Stage Centers for Medicare & Medicaid Services (CMS)
196. CHANGES TO THE HOSPITAL Regulatory Flexibility Analysis Regulatory Flexibility Analysis INPATIENT AND LONG–TERM CARE Required: Yes Required: Yes PROSPECTIVE PAYMENT SYSTEM Agency Contact: Diane Milstead, FOR FY 2010 (CMS–1406–P) Agency Contact: Alberta Dwivedi, Health Insurance Specialist, Health Insurance Specialist, Legal Authority: Sec 1886(d) of the Department of Health and Human Department of Health and Human Social Security Act Services, Centers for Medicare & Services, Centers for Medicare & Abstract: This major rule proposes to Medicaid Services, Centers for Medicaid Services, Centers for Medicaid Mangement, Mailstop revise the Medicare hospital inpatient Medicare Management, Mailstop C4–03–06, 7500 Security Blvd, and Long Term Care prospective C5–01–26, 7500 Security Blvd, Baltimore, MD 21244 payment systems (IPPS) for operating Baltimore, MD 21244 and capital-related costs to implement Phone: 410 786–3355 Email: [email protected] Phone: 410 786–0763 changes arising from our continuing Email: [email protected] experience with these systems. RIN: 0938–AP40 Timetable: RIN: 0938–AP41 Action Date FR Cite 198. CHANGES TO THE HOSPITAL OUTPATIENT PROSPECTIVE NPRM 04/00/09 199. PROSPECTIVE PAYMENT PAYMENT SYSTEM AND SYSTEM AND CONSOLIDATED Regulatory Flexibility Analysis AMBULATORY SURGICAL CENTER BILLING FOR SKILLED NURSING Required: Yes PAYMENT SYSTEM FOR CY 2010 FACILITIES—UPDATE FOR FY 2010 Agency Contact: Tiffany Swygert, (CMS–1414–P) (CMS–1410–P) Health Insurance Specialist, Legal Authority: BBA; PPRA; BIPA; Department of Health and Human MMA; MMSEA; MIPPA; DRA; TRHCA Legal Authority: Social Security Act, sec 1888(e) Services, Centers for Medicare & Abstract: This major rule would revise Medicaid Services, Div of Acute Care, the Medicare hospital outpatient Abstract: This major rule proposes Hosp and Ambulatory Policy Group, prospective payment system to updates to the payment rates used Mailstop C4–25–11, 7500 Security implement applicable statutory under the SNF PPS beginning October Blvd, Baltimore, MD 21244 requirements and changes arising from 1, 2009. Phone: 410 786–4642 our continuing experience with this Email: [email protected] system and to implement certain Timetable: RIN: 0938–AP39 related provisions of the Medicare Action Date FR Cite Prescription Drug, Improvement, and NPRM 05/00/09 197. REVISIONS TO PAYMENT Modernization Act (MMA) of 2003. In POLICIES UNDER THE PHYSICIAN addition, the proposed rule describes Regulatory Flexibility Analysis proposed changes to the amounts and FEE SCHEDULE FOR CY 2010 Required: Yes (CMS–1413–P) factors used to determine the payment rates for Medicare hospital outpatient Agency Contact: William Ullman, Legal Authority: Social Security Act, services paid under the prospective Technical Advisor, Department of sec 1102; Social Security Act, sec 1871 payment system. The rule also proposes Health and Human Services, Centers for Abstract: This major proposed rule changes to the Ambulatory Surgical Medicare & Medicaid Services, Centers would revise payment polices under Center Payment System list of services for Medicare Management, Mailstop the physician fee schedule, as well as and rates. These changes would be C5–06–27, 7500 Security Boulvard, other policy changes to payment under applicable to services furnished on or Baltimore, MD 21244 Part B. after January 1 annually. Phone: 410 786–5667 Timetable: Timetable: Fax: 410 786–0765 Action Date FR Cite Action Date FR Cite Email: [email protected] NPRM 06/00/09 NPRM 06/00/09 RIN: 0938–AP46
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Department of Health and Human Services (HHS) Long-Term Actions Centers for Medicare & Medicaid Services (CMS)
200. HOME HEALTH AGENCY (HHA) Timetable: their approved Medicaid State Plan. CONDITIONS OF PARTICIPATION Action Date FR Cite The rule enhances fiscal integrity and (COPS) (CMS–3819–P) (SECTION 610 improves accountability with respect to REVIEW) NPRM 09/23/05 70 FR 55989 payment for medical services in the Interim Final Rule To Be Determined Legal Authority: 42 USC 1302; 42 USC Medicaid program. 1395x; 42 USC 1395cc(a); 42 USC Regulatory Flexibility Analysis Timetable: Required: Yes 1395hh; 42 USC 1395bb Action Date FR Cite Abstract: This proposed rule would Agency Contact: Elizabeth Holland, Health Insurance Specialist, NPRM 05/23/07 72 FR 28930 revise the existing Conditions of NPRM Comment 06/22/07 Participation (CoPs) that Home Health Department of Health and Human Services, Centers for Medicare & Period End Agencies (HHAs) must meet to Final Action To Be Determined participate in the Medicare program. Medicaid Services, Office of E–Health The requirements focus on the actual Standards and Services, Mailstop Regulatory Flexibility Analysis care delivered to patients by HHAs, S2–26–17, 7500 Security Boulevard, Required: Yes Baltimore, MD 21244 reflect an interdisciplinary view of Agency Contact: Dianne Heffron, patient care, allow HHAs greater Phone: 410 786–1309 Email: [email protected], Department of Health and Human flexibility in meeting quality standards, Services, Centers for Medicare & and eliminate unnecessary procedural RIN: 0938–AK62 Medicaid Services, Centers for requirements. These changes are an Medicaid State Operations, Mailstop integral part of our efforts to achieve 202. HOME AND COMMUNITY–BASED S3–13–15, 7500 Security Boulevard, broad-based improvements and SERVICES (HCBS) STATE PLAN Baltimore, MD 21224 measurements of the quality of care OPTION (CMS–2249–F) (SECTION 610 Phone: 410 786–3247 furnished through Federal programs REVIEW) Fax: 410 786–1008 while at the same time reducing Email: [email protected] procedural burdens on providers. Legal Authority: Deficit Reduction Act RIN: 0938–AO95 Timetable: of 2005; PL 109–171, sec 6086 Abstract: This major rule amends the Action Date FR Cite Medicaid regulations to define and 204. REQUIREMENTS FOR NPRM 03/10/97 62 FR 11005 describe the home- and community- LONG–TERM CARE FACILITIES: NPRM Comment 06/09/97 based State plan services implementing HOSPICE SERVICES (CMS–3140–P) Period End the new section 1915(i) of the Social (SECTION 610 REVIEW) Second NPRM To Be Determined Security Act as added by section 6086 Legal Authority: 42 USC 1302; 42 USC Regulatory Flexibility Analysis of the Deficit Reduction Act of 2005. 1395hh Required: Undetermined Timetable: Abstract: This proposed rule would Agency Contact: Danielle Shearer, Action Date FR Cite establish requirements that long-term Health Insurance Specialist, NPRM 04/04/08 73 FR 18676 care (LTC) facilities must have an Department of Health and Human NPRM Comment 06/03/08 agreement with hospice agencies when Services, Centers for Medicare & Period End hospice care is provided in a long-term Medicaid Services, Clinical Standards Final Action To Be Determined care facility to participate in the Group, Mailstop S3–02–01, 7500 Medicare and Medicaid programs. We Regulatory Flexibility Analysis Security Boulevard, Baltimore, MD are proposing these new requirements Required: 21244 Yes to ensure that quality hospice care is Phone: 410 786–5716 Agency Contact: Suzanne Bosstick, provided to eligible residents. Email: [email protected] Department of Health and Human Timetable: RIN: 0938–AG81 Services, Centers for Medicare & Medicaid Services, 7500 Security Action Date FR Cite Boulevard, Baltimore, MD 21244 NPRM To Be Determined 201. ELECTRONIC CLAIMS Phone: 410 786–1301 ATTACHMENTS STANDARDS Email: [email protected] Regulatory Flexibility Analysis (CMS–0050–IFC) Required: Yes RIN: 0938–AO53 Legal Authority: 42 USC Agency Contact: Trish Brooks, Health 1320d–2(a)(2)(B) Insurance Specialist, Department of 203. MEDICAID GRADUATE MEDICAL Health and Human Services, Centers for Abstract: This rule sets forth electronic EDUCATION (CMS–2279–F) standards for health care claims Medicare & Medicaid Services, Office attachments. The standards are required Legal Authority: title XIX; Social of Clinical Standards and Quality, by the Health Insurance Portability and Security Act Mailstop S3–02–01, 7500 Security Accountability Act of 1996. They will Abstract: As part of the President’s Boulevard, Baltimore, MD 21244 be used to transmit clinical or 2008 Budget, this major rule establishes Phone: 410 786–4561 administrative data for claims that States may not include GME as a Email: [email protected] adjudication purposes. reimbursable cost or program under RIN: 0938–AP32
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Department of Health and Human Services (HHS) Completed Actions Centers for Medicare & Medicaid Services (CMS)
205. UPDATES TO ELECTRONIC Services, Centers for Medicare & Act (MMA) of 2003. In addition, the TRANSACTIONS (VERSION 5010) Medicaid Services, Mailstop S2–26–17, rule describes proposed changes to the (CMS–0009–F) (COMPLETION OF A 7500 Security Boulevard, Baltimore, amounts and factors used to determine SECTION 610 REVIEW) MD 21244 the payment rates for Medicare hospital Legal Authority: sec 1171 to 1179 of Phone: 410 786–6711 outpatient services paid under the the Social Security Act; Deficit Email: [email protected] prospective payment system. The rule Reduction Act of 2005, PL 109–171, sec RIN: 0938–AN25 also changes to the Ambulatory 6035 Surgical Center Payment System list of services and rates. These changes Abstract: This rule adopts new 207. SURETY BOND REQUIREMENT would be applicable to services versions of the X12 suite of HIPAA FOR SUPPLIERS OF DURABLE furnished on or after January 1 transactions and allows the industry to MEDICAL EQUIPMENT, annually. use the most up-to-date versions of the PROSTHETICS, ORTHOTICS, AND Completed: HIPAA transactions for claims and SUPPLIES (DMEPOS) (CMS–6006–F) remittance advice. The rule will also (COMPLETION OF A SECTION 610 Reason Date FR Cite adopt an updated pharmacy REVIEW) Final Action 11/18/08 73 FR 68501 transactions standard for retail Legal Authority: sec 4312(a) of BBA of pharmacy claims. Regulatory Flexibility Analysis 1997 Timetable: Required: Yes Abstract: This rule implements section Agency Contact: Alberta Dwivedi Action Date FR Cite 4312(a) of the Balanced Budget Act of Phone: 410 786–0763 1997, which requires a Medicare NPRM 08/22/08 73 FR 49741 Email: [email protected] NPRM Comment 10/21/08 supplier of durable medical equipment Period End (DME) to furnish CMS with a surety RIN: 0938–AP17 Final Action 01/16/09 74 FR 3296 bond. Regulatory Flexibility Analysis Timetable: 209. REVISIONS TO PAYMENT Required: Yes Action Date FR Cite POLICIES UNDER THE PHYSICIAN FEE SCHEDULE FOR CY 2009 Agency Contact: Gladys C. Wheeler, NPRM 08/01/07 72 FR 42001 (CMS–1403–FC) Health Insurance Specialist, NPRM Comment 10/01/07 Department of Health and Human Period End Legal Authority: Social Security Act, Services, Centers for Medicare & Final Action 01/02/09 74 FR 166 sec 1102; Social Security Act, sec 1871 Medicaid Services, Office of E–Health Regulatory Flexibility Analysis Abstract: This major rule makes Standards and Services, Mailstop Required: Yes changes affecting Medicare Part B S2–24–18, 7500 Security Boulevard, payment to physicians and other Part Baltimore, MD 21244 Agency Contact: Frank Whelan, Health B suppliers. Phone: 410 786–0273 Insurance Specialist, Department of Email: [email protected] Health and Human Services, Centers for Completed: Medicare & Medicaid Services, Office RIN: 0938–AM50 Reason Date FR Cite of Financial Management, Mailstop C3–02–16, 7500 Security Boulevard, Final Action 11/19/08 73 FR 69725 206. REVISIONS TO HIPAA CODE Baltimore, MD 21244 Regulatory Flexibility Analysis SETS (CMS–0013–F) (COMPLETION Phone: 410 786–1302 Required: Yes OF A SECTION 610 REVIEW) Email: [email protected] Agency Contact: Diane Milstead Legal Authority: PL 104–191 RIN: 0938–AO84 Phone: 410 786–3355 Abstract: This rule revises some of the Email: [email protected] adopted transaction and code set 208. CHANGES TO THE HOSPITAL RIN: 0938–AP18 standards detailed in regulations OUTPATIENT PROSPECTIVE published by HHS on August 17, 2000, PAYMENT SYSTEM AND and February 20, 2003. AMBULATORY SURGICAL CENTER 210. HOME HEALTH PROSPECTIVE Timetable: PAYMENT SYSTEM FOR CY 2009 PAYMENT SYSTEM REFINEMENTS (CMS–1404–F) AND RATE UPDATE FOR CY 2009 Action Date FR Cite (CMS–1555–N) Legal Authority: BBA; PPRA; BIPA; NPRM 08/22/08 73 FR 49795 MMA; 42 USC 1302 et al Legal Authority: Social Security Act, NPRM Comment 10/21/08 Abstract: This rule revises the secs 1102 and 1871; (42 USC 1302 and Period End 1395(hh)); Social Security Act, sec 1895 Final Action 01/16/09 74 FR 3328 Medicare hospital outpatient prospective payment system to (42 USC 1395fff) Regulatory Flexibility Analysis implement applicable statutory Abstract: Section 1895 of the Act Required: Yes requirements and changes arising from requires that the Home Health PPS be Agency Contact: Denise Buenning, continuing experience with this system adjusted in a prospective manner Health Insurance Specialist, Office of and to implement certain related specified by the Secretary by the home E–Health Standards and Services, provisions of the Medicare Prescription health increase percentage applicable to Department of Health and Human Drug, Improvement, and Modernization the year involved.
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HHS—CMS Completed Actions
Completed: as amended by sec 114 of PL 110–173 adjustment to the standard Federal rate. Reason Date FR Cite (MMSE Act of 2007) The statute also required a change in Abstract: This rule implements the Federal rate for RY 2008, (effective Notice 11/03/08 73 FR 65351 provisions of the Medicare, Medicaid, April 1, 2008). Additionally, the statute Regulatory Flexibility Analysis and SCHIP Extension Act of 2007 created a 3-year moratorium on the Required: Yes relating to long-term care hospitals. In establishment of new LTCHs and LTCH satellites and on bed expansion in Agency Contact: Randy Throndset addition to amending section 1861 of the Act with a new definition of existing LTCHs, subject to significant Phone: 410 786–0131 LTCHs, this rule includes provisions exceptions. Fax: 410 786–0765 that are effective on the date of Email: [email protected] Completed: enactment (December 29, 2007). RIN: 0938–AP20 Specifically, the statute imposes a 3- Reason Date FR Cite year delay in implementation of certain Withdrawn 01/29/09 payment policies that set percentage 211. CHANGES TO LONG–TERM thresholds for LTCH patients admitted Regulatory Flexibility Analysis CARE PROSPECTIVE PAYMENT from certain referring hospitals and Required: Yes SYSTEM BASED ON SPECIFIC raises the percentage threshold for PROVISIONS IN THE MEDICARE, Agency Contact: Tzvi Hefter those LTCHs unaffected by the 3-year MEDICAID, AND SCHIP EXTENSION Phone: 410 786–4487 delay. The legislation imposes the same ACT OF 2007 (CMS–1493–F) Email: [email protected] 3-year delay on the implementation of Legal Authority: Provisions of sec 114 a particular payment adjustment for RIN: 0938–AP33 of PL 110–173 (MMSE Act of 2007); short-stay patients and also for the [FR Doc. E9–10274 Filed 05–08–09; 8:45 am] sec 1886(d) of the Social Security Act possible application of a one-time BILLING CODE 4150–24–S
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Part VII
Department of Homeland Security Semiannual Regulatory Agenda
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DEPARTMENT OF HOMELAND SECURITY (DHS)
DEPARTMENT OF HOMELAND Please direct specific comments and Regulatory Flexibility Act, because they SECURITY inquiries on individual regulatory are likely to have a significant economic actions identified in this agenda to the impact on a substantial number of small Office of the Secretary individual listed in the summary of the entities. Printing of these entries is regulation as the point of contact for limited to fields that contain 6 CFR Chs. I and II that regulatory action. information required by the Regulatory [DHS Docket No. OGC-RP-04-001] SUPPLEMENTARY INFORMATION: This Flexibility Act’s Agenda requirements. notice is given pursuant to the Additional information on these entries Unified Agenda of Federal Regulatory requirements of the Regulatory is available in the Unified Agenda and Deregulatory Actions Flexibility Act (Pub. L. 96-354, published on the Internet. In addition, for fall editions of the Agenda, the entire AGENCY: Office of the Secretary, DHS. September 19, 1980) and Executive Order (E.O.) 12866, ‘‘Regulatory regulatory plan will continue to be ACTION: Semiannual regulatory agenda. Planning and Review’’ (September 30, printed in the Federal Register, as in 1993), which require the publication of past years, including DHS’ regulatory SUMMARY: This regulatory agenda is a a semiannual agenda of regulations by plan. semiannual summary of all current and the Department. The regulatory agenda In September 2005, DHS joined the projected rulemakings, reviews of is a semiannual summary of all current Environmental Protection Agency existing regulations, and completed and projected rulemakings, as well as Federal Partner online electronic actions of the Department of Homeland actions completed since the publication Federal Docket Management System Security (DHS) and its component of the last regulatory agenda for the (FDMS) located at www.regulations.gov; agencies and divisions. This agenda Department. DHS’ last semiannual with the exception of the Coast Guard provides the public with information regulatory agenda was published on and TSA, who remained with the about DHS’ regulatory activity. DHS Novemeber 24, 2008, at 73 FR 71378. Department of Transportation’s (DOT) expects that this information will enable Beginning with the fall 2007 edition, electronic Docketing Management the public to be more aware of and the Internet will be the basic means for System. Effective October 1, 2007, the effectively participate in the disseminating the Unified Agenda. The Coast Guard and TSA have fully Department’s regulatory activity. The complete Unified Agenda will be migrated to FDMS, ensuring that all public also is invited to submit available online at www.reginfo.gov, in DHS regulatory actions subject to public comments on any aspect of this agenda. a format that offers users a greatly comment are now available on FOR FURTHER INFORMATION CONTACT: enhanced ability to obtain information www.regulations.gov. from the Agenda database. General The semiannual agenda of the Because publication in the Federal Department conforms to the Unified Please direct all comments and Register is mandated for the regulatory Agenda format developed by the inquiries on the agenda in general to the flexibility agendas required by the Regulatory Information Service Center. Regulatory Affairs Division, Office of Regulatory Flexibility Act (5 U.S.C. the General Counsel, Department of 602), DHS’ printed agenda entries Dated: March 20, 2009. Homeland Security, Washington, DC include regulatory actions that are in the Mary Kate Whalen, 20528. Department’s regulatory flexibility Associate General Counsel for Regulatory Specific agenda, in accordance with the Affairs. U.S. Citizenship and Immigration Services—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
212 Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule ...... 1615–AB80
U.S. Citizenship and Immigration Services—Completed Actions
Regulation Sequence Title Identifier Number Number
213 Alternate Alien Petition Program for EB Base Immigrants Based on Approved Labor Certifications ...... 1615–AB34
U.S. Coast Guard—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
214 Standards for Living Organisms in Ships’ Ballast Water Discharged in U.S. Waters (USCG-2001-10486) ...... 1625–AA32
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DHS
U.S. Coast Guard—Proposed Rule Stage (Continued)
Regulation Sequence Title Identifier Number Number
215 Commercial Fishing Industry Vessels (USCG-2003-16158) ...... 1625–AA77
U.S. Coast Guard—Long-Term Actions
Regulation Sequence Title Identifier Number Number
216 Claims Procedures Under the Oil Pollution Act of 1990 (USCG-2004-17697) ...... 1625–AA03 217 Numbering of Undocumented Barges (USCG-1998-3798) ...... 1625–AA14 218 Inspection of Towing Vessels (USCG-2006-24412) ...... 1625–AB06 219 Passenger Weight and Inspected Vessel Stability Requirements (USCG-2007-0030) ...... 1625–AB20
U.S. Customs and Border Protection—Final Rule Stage
Regulation Sequence Title Identifier Number Number
220 Importer Security Filing and Additional Carrier Requirements ...... 1651–AA70
Transportation Security Administration—Final Rule Stage
Regulation Sequence Title Identifier Number Number
221 Air Cargo Screening ...... 1652–AA64
Transportation Security Administration—Long-Term Actions
Regulation Sequence Title Identifier Number Number
222 Modification of the Aviation Security Infrastructure Fee (ASIF) (Market Share) ...... 1652–AA43
U.S. Immigration and Customs Enforcement—Final Rule Stage
Regulation Sequence Title Identifier Number Number
223 Electronic Signature and Storage of Form I-9, Employment Eligibility Verification ...... 1653–AA47
Federal Emergency Management Agency—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
224 Update of FEMA’s Public Assistance Regulations ...... 1660–AA51
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DHS
Federal Emergency Management Agency—Completed Actions
Regulation Sequence Title Identifier Number Number
225 Assistance to Firefighters Grant Program ...... 1660–AA50
Department of Homeland Security (DHS) Proposed Rule Stage U.S. Citizenship and Immigration Services (USCIS)
212. ∑ ADJUSTMENT OF THE an adjustment of the fee schedule, CFO and USCIS CFO, as required under IMMIGRATION AND NATURALIZATION USCIS cannot provide adequate the CFO Act. BENEFIT APPLICATION AND capacity to process all applications and Timetable: PETITION FEE SCHEDULE petitions in a timely and efficient Action Date FR Cite Legal Authority: 8 USC 1356(m) manner. The fee review is undertaken pursuant to the requirements of the Abstract: This rule will adjust the fee NPRM 10/00/09 schedule for U.S. Citizenship and Chief Financial Officers Act of 1990 NPRM Comment 12/00/09 Period End Immigration Services (USCIS) (CFO Act), 31 U.S.C. 901-03. The CFO immigration and naturalization benefit Act requires each agency’s Chief Regulatory Flexibility Analysis applications and petitions, including Financial Officer (CFO) to ‘‘review, on Required: Yes nonimmigrant applications and visa a biennial basis, the fees, royalties, Agency Contact: Rendell Jones, Chief petitions. These fees fund the cost of rents, and other charges imposed by the Financial Officer, Department of processing applications and petitions agency for services and things of value Homeland Security, U.S. Citizenship for immigration benefits and services, it provides, and make recommendations and Immigration Services, 20 and USCIS’ associated operating costs. on revising those charges to reflect Massachusetts Avenue NW., Suite USCIS is revising these fees because the costs incurred by it in providing those 4018, Washington, DC 20259 current fee schedule does not services and things of value.‘‘ Id. at Phone: 202 272–1969 adequately recover the full costs of 902(a)(8). This rule will reflect services provided by USCIS. Without recommendations made by the DHS RIN: 1615–AB80
Department of Homeland Security (DHS) Completed Actions U.S. Citizenship and Immigration Services (USCIS)
213. ALTERNATE ALIEN PETITION substitution of alien beneficiaries on Timetable: PROGRAM FOR EB BASE permanent labor certifications, among Action Date FR Cite IMMIGRANTS BASED ON APPROVED other options. In addition, DHS is LABOR CERTIFICATIONS proposing to reduce further the Withdrawn 04/16/09 likelihood of the submission of Legal Authority: 8 USC 1101; 8 USC malafide Form I-140, Immigration Regulatory Flexibility Analysis 1103; 8 USC 1151; 8 USC 1153 and Petition for Alien Worker, which are Required: Yes 1154; 8 USC 1182; employment-based petitions that are Agency Contact: Abstract: DHS and the Department of supported by fraudulent or stale labor Sophia Cox, Labor’s Employment and Training certification applications for the Department of Homeland Security, U.S. Administration (DOL) are proposing permanent employment of aliens in the Citizenship and Immigration Services, changes to reduce the incentives and United States by proposing a 45-day 20 Massachusetts Avenue NW., 2nd opportunities for fraud and abuse period for employers to file approved Floor, Washington, DC 20529 related to the permanent employment permanent labor certifications in Phone: 202 272–1522 of aliens in the United States. DHS is support of Form I-140 petitions with Email: [email protected] considering the elimination of the DHS after the issuance of an approved current practice of allowing the labor certification by DOL. RIN: 1615–AB34
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Department of Homeland Security (DHS) Proposed Rule Stage U.S. Coast Guard (USCG)
214. STANDARDS FOR LIVING Regulatory Flexibility Analysis would affect vessel stability and ORGANISMS IN SHIPS’ BALLAST Required: Yes watertight integrity, carriage of WATER DISCHARGED IN U.S. Agency Contact: immersion suits, training, compliance WATERS (USCG–2001–10486) Bivan R. Patnaik, Project Manager, CG–5224, Department documentation, and safety equipment. Legal Authority: 16 USC 4711 of Homeland Security, U.S. Coast Timetable: Abstract: This rulemaking would Guard, 2100 Second Street SW., propose to add a performance standard Washington, DC 20593–0001 Action Date FR Cite to 33 CFR part 151, subpart D, for all Phone: 202 372–1435 ANPRM 03/31/08 73 FR 16815 Email: [email protected] ballast water management methods ANPRM Comment 12/15/08 being used as alternatives to mid-ocean RIN: 1625–AA32 Period End ballast water exchange. It supports the NPRM 12/00/09 Coast Guard’s strategic goals of marine safety and protection of natural 215. COMMERCIAL FISHING Regulatory Flexibility Analysis resources. This project is significant INDUSTRY VESSELS Required: Yes due to high interest from Congress and (USCG–2003–16158) Agency Contact: Jack Kemerer, Project several Federal and State agencies, as Legal Authority: 46 USC 4502(a) to Manager, CG–5433, Department of well as costs imposed on industry. 4502(d); 46 USC 4505 and 4506; 46 Homeland Security, U.S. Coast Guard, Timetable: USC 6104; 46 USC 10603; DHS Delegation No. 0170.1(92) 2100 Second Street SW., Washington, Action Date FR Cite DC 20593 ANPRM 03/04/02 67 FR 9632 Abstract: This rulemaking would Phone: 202 372–1249 ANPRM Comment 06/03/02 amend commercial fishing industry Email: [email protected] Period End vessel requirements to enhance NPRM 08/00/09 maritime safety. The proposed changes RIN: 1625–AA77
Department of Homeland Security (DHS) Long-Term Actions U.S. Coast Guard (USCG)
216. CLAIMS PROCEDURES UNDER claims, as well as other OPA damages. of 1992, requires that all undocumented THE OIL POLLUTION ACT OF 1990 This rulemaking supports the Coast barges of more than 100 gross tons (USCG–2004–17697) Guard’s strategic goal of protection of operating on the navigable waters of the natural resources. United States be numbered. This Legal Authority: 33 USC 2713 and Timetable: rulemaking would establish a 2714 numbering system for these barges. The Abstract: This rulemaking implements Action Date FR Cite numbering of undocumented barges section 1013 (Claims Procedures) and Interim Final Rule 08/12/92 57 FR 36314 will allow identification of owners of section 1014 (Designation of Source Correction 09/09/92 57 FR 41104 barges found abandoned and help and Advertisement) of the Oil Pollution Interim Final Rule 12/10/92 prevent future marine pollution. This Act of 1990. An interim rule was Comment Period rulemaking supports the Coast Guard’s published in 1992, and provides the End strategic goal of protection of natural basic requirements for the filing of Supplemental NPRM To Be Determined resources. claims for uncompensated removal Regulatory Flexibility Analysis Timetable: costs or damages resulting from the Required: Yes Action Date FR Cite discharge of oil, for the designation of Agency Contact: Benjamin White, the sources of the discharge, and for Request for 10/18/94 59 FR 52646 Project Manager, National Pollution Comments the advertisement of where claims are Funds Center, Department of Homeland to be filed. The interim rule also Comment Period End 01/17/95 Security, U.S. Coast Guard, NPFC MS ANPRM 07/06/98 63 FR 36384 includes the processing of natural 7100, United States Coast Guard, 4200 resource damage (NRD) claims. The ANPRM Comment 11/03/98 Wilson Boulevard, Arlington, VA Period End NRD claims, however, were not 20598–7100 processed until September 25, 1997, NPRM 01/11/01 66 FR 2385 Phone: 202 493–6863 NPRM Comment 04/11/01 when the Department of Justice issued Email: [email protected] an opinion that the Oil Spill Liability Period End Trust Fund (OSLTF) is available RIN: 1625–AA03 NPRM Reopening of 08/12/04 69 FR 49844 Comment Period without further appropriation to pay NPRM Comment 11/10/04 trustee NRD claims under the general 217. NUMBERING OF Period End claims provisions of the Oil Pollution UNDOCUMENTED BARGES Next Action Undetermined Act (OPA) of 1990, 33 U.S.C. (USCG–1998–3798) 2712(a)(4). Release of this more Regulatory Flexibility Analysis comprehensive notice of proposed Legal Authority: 46 USC 12301 Required: Yes rulemaking has been delayed while the Abstract: Title 46 U.S.C. 12301, as Agency Contact: Patricia Williams, Coast Guard gained experience on NRD amended by the Abandoned Barge Act Project Manager, National Vessel
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DHS—USCG Long-Term Actions
Documentation Center, Department of Homeland Security, U.S. Coast Guard, types of passenger vessels capsizing Homeland Security, U.S. Coast Guard, 2100 Second Street SW., Washington, due to either passenger overloading or 792 T.J. Jackson Drive, Falling Waters, DC 20593–0001 operating these vessels in hazardous WV 25419 Phone: 202 372–1415 weather conditions. This rulemaking Phone: 304 271–2506 RIN: 1625–AB06 would support the Coast Guard’s RIN: 1625–AA14 strategic goal of maritime safety. 219. PASSENGER WEIGHT AND Timetable: 218. INSPECTION OF TOWING INSPECTED VESSEL STABILITY Action Date FR Cite VESSELS (USCG–2006–24412) REQUIREMENTS (USCG–2007–0030) Legal Authority: 46 USC 3301, 46 USC Legal Authority: 33 USC 1321(j); 43 NPRM 08/20/08 73 FR 49244 3305, 46 USC 3306, and 46 USC 3103; USC 1333; 46 USC 2103, 2113, 3205, NPRM Comment 11/18/08 46 USC 3703 [DHS Delegation No 3301, 3306, 3307, 3703, 5115, 6101; 49 Period End 0170.1] USC App 1804; EO 11735; EO 12234; NPRM Comment 12/08/08 73 FR 74426 Period Reopened Abstract: Dept of Homeland Security Delegation This rulemaking would Comment Period End 02/06/09 implement a program of inspection for No 0170.1; PL 103–206, 107 Stat 2439; 49 USC App 1804; EO 11735 NPRM Comment 02/18/09 74 FR 7576 certification of towing vessels, which Period Reopened were previously uninspected. It would Abstract: The Coast Guard proposes Comment Period End 03/20/09 prescribe standards for safety developing a rule that addresses both management systems and third-party the stability calculations and the Final Action To Be Determined entities along with standards for environmental operating requirements Regulatory Flexibility Analysis construction, operation, vessel systems, for certain domestic passenger vessels. Required: Yes safety equipment, and recordkeeping. The proposed rule would address the Due to the costs imposed on an entire outdated per-person weight averages Agency Contact: William Peters, uninspected segment of the marine that are currently used in stability Program Manager, Office of Design and industry, the Coast Guard projects that calculations for certain domestic Engineering Standards, Systems this will be an economically significant passenger vessels. In addition, the Engineering Division (CG–5212), rulemaking. proposed rule would add Department of Homeland Security, U.S. Timetable: Next Action Undetermined environmental operating requirements Coast Guard, 2100 Second Street SW., for domestic passenger vessels that Washington, DC 20593 Regulatory Flexibility Analysis could be adversely affected by sudden Phone: 202 372–1371 Required: Yes inclement weather. This rulemaking Email: [email protected] Agency Contact: Dave Dolloff, Program would increase passenger safety by Manager, CG–5222, Department of significantly reducing the risk of certain RIN: 1625–AB20
Department of Homeland Security (DHS) Final Rule Stage U.S. Customs and Border Protection (USCBP)
220. IMPORTER SECURITY FILING The interim final rule included a Action Date FR Cite AND ADDITIONAL CARRIER delayed compliance date for affected REQUIREMENTS importers and carriers by 12 months NPRM Comment 03/03/08 after date of publication. CBP is Period End Legal Authority: PL 109–347, sec 203; conducting a review, through June 1, NPRM Comment 02/01/08 73 FR 6061 5 USC 301; 19 USC 66, 1431, 1433, Period Extended 2009, to determine any specific 1434, 1624, 2071 note; 46 USC 60105 NPRM Comment 03/18/08 compliance difficulties that importers Period End Abstract: On November 25, 2008, CBP and shippers may experience in Interim Final Rule 11/25/08 73 FR 71730 published an interim final rule to submitting all ten data elements 24 Interim Final Rule 01/26/09 implement the provision of section 203 hours before lading Written comments Effective of the Security and Accountability for may be submitted on or before June 1, Interim Final Rule 06/01/09 Every Port Act of 2006. The rule 2009, concerning the data elements for Comment Period requires carriers to submit a vessel stow which some type of flexibility has been End plan and container status messages provided. Based on the structured Final Action 12/00/09 under certain scenarios where cargo review and public comment periods, containers are destined for the United CBP will conduct an analysis of the Regulatory Flexibility Analysis States. The rule also requires importers elements subject to flexibility and issue Required: Yes or their agents to submit an Importer a final rule to eliminate, modify, or Security Filing (ISF) with eight data maintain these requirements. Agency Contact: Richard DiNucci, elements, no later than 24 hours before Department of Homeland Security, U.S. the cargo is laden at the foreign port Timetable: Customs and Border Protection, Office of Field Operations, 1300 Pennsylvania and two data elements, no later than Action Date FR Cite 24 hours prior to arrival in the United Avenue, NW., Washington, DC 20229 States. NPRM 01/02/08 73 FR 90 Phone: 202 344–2513
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DHS—USCBP Final Rule Stage
Email: [email protected] RIN: 1651–AA70
Department of Homeland Security (DHS) Final Rule Stage Transportation Security Administration (TSA)
221. AIR CARGO SCREENING Under this rulemaking, each certified Phone: 571 227–3664 cargo screening facility (CCSF) and Email: [email protected] Legal Authority: PL 110–53, sec 1602; their employees and authorized 49 USC 114; 49 USC 40113; 49 USC representatives that will be screening Adam Sicking, Economist, Regulatory 44901 to 44905; 49 USC 44913 to cargo must successfully complete a Development and Economic Analysis, 44914; 49 USC 44916; 49 USC 44935 security threat assessment. The CCSF Department of Homeland Security, to 44936; 49 USC 46105 must also submit to an audit of their Transportation Security Administration, security measures by TSA-approved Abstract: The Transportation Security Office of Transportation Sector Network auditors, screen cargo using TSA- Management, TSA–28, HQ, E10–345N, Administration (TSA) will establish the approved methods, and initiate strict 601 South 12th Street, Arlington, VA Certified Cargo Screening Program that chain of custody measures to ensure 20598–6028 will certify shippers, manufacturers, the security of the cargo throughout the Phone: 571 227–2304 and other entities to screen air cargo supply chain prior to tendering it for Fax: 571 227–1362 intended for transport on a passenger transport on passenger aircraft. Email: [email protected] aircraft. This will be the primary means Timetable: through which TSA will meet the Alice Crowe, Sr. Attorney, Regulations requirements of section 1602 of the Action Date FR Cite and Security Standards Division, Implementing Recommendations of the Interim Final Rule 07/00/09 Department of Homeland Security, 9/11 Commission Act of 2007 that Regulatory Flexibility Analysis Transportation Security Administration, mandates that 100 percent of air cargo Required: Yes Office of the Chief Counsel, TSA–2, transported on passenger aircraft, Agency Contact: Victor Parker, Branch HQ, E12–320N, 601 South 12th Street, operated by an air carrier or foreign air Chief, Air Cargo Policy & Plans, Arlington, VA 20598–6002 carrier in air transportation or intrastate Department of Homeland Security, Phone: 571 227–2652 air transportation, must be screened by Transportation Security Administration, Fax: 571 227–1379 August 2010, to ensure the security of Office of Transportation Sector Network Email: [email protected] all such passenger aircraft carrying Management, TSA–28, HQ, 601 South cargo. 12th Street, Arlington, VA 20598–6028 RIN: 1652–AA64
Department of Homeland Security (DHS) Long-Term Actions Transportation Security Administration (TSA)
222. MODIFICATION OF THE a system based on their 2000 screening Timetable: AVIATION SECURITY costs to a system based on market share Action Date FR Cite INFRASTRUCTURE FEE (ASIF) or other appropriate measures. (MARKET SHARE) Notice; Requesting 11/05/03 68 FR 62613 On November 5, 2003, the Legal Authority: 49 USC 44901; 49 Comment– Transportation Security Administration Imposition of the USC 44940 (TSA) published a notice requesting Aviation Security Abstract: The Transportation Security comment on possible changes in order Infrastructure Fee Administration will revise the method to allow for open industry and public (ASIF) for apportioning the Aviation Security input. TSA sought comments on issues Notice—Imposition of 01/05/04 Infrastructure Fee (ASIF) among air ASIF; Comment regarding how to impose the ASIF, and Period End carriers. The ASIF is a fee imposed on whether, when, and how often the air carriers and foreign air carriers to Notice—Imposition of 12/31/03 68 FR 75611 ASIF should be adjusted. The comment help pay the Government’s costs of ASIF; Comment period was extended on the notice for providing civil aviation security Period Extended services. an additional 30 days, until February Notice—Imposition of 02/05/04 5, 2004. TSA is considering a market ASIF; Extended Starting in fiscal year 2005, the share methodology for implementation. Comment Period Aviation and Transportation Security End Act (ATSA) (Pub. L. 107-71; Nov. 19, Next Action Undetermined 2001), codified at 49 U.S.C. 44940, authorizes TSA to change the Regulatory Flexibility Analysis methodology for imposing the ASIF on Required: Yes air carriers and foreign air carriers from
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DHS—TSA Long-Term Actions
Agency Contact: Michael Gambone, Nicholas (Nick) Acheson, Sr. Linda L. Kent, Assistant Chief Counsel, Deputy Director, Office of Revenue, Economist, Regulatory Development Regulations and Security Standards Department of Homeland Security, and Economic Analysis, Department of Division, Department of Homeland Transportation Security Administration, Homeland Security, Transportation Security, Transportation Security Office of Finance and Administration, Security Administration, Office of Administration, Office of the Chief TSA–14, HQ, W12–319, 601 South 12th Transportation Sector Network Counsel, TSA–2, HQ, E12–126S, 601 Street, Arlington, VA 20598–6014 Management, TSA–28, HQ, E10–410N, South 12th Street, Arlington, VA Phone: 571 227–1081 601 South 12th Street, Arlington, VA 20598–6002 Phone: 571 227–2675 Fax: 571 227–2904 20598–6028 Fax: 571 227–1381 Email: [email protected] Phone: 571 227–5474 Fax: 571 227–1362 Email: [email protected] Email: [email protected] RIN: 1652–AA43
Department of Homeland Security (DHS) Final Rule Stage U.S. Immigration and Customs Enforcement (USICE)
223. ELECTRONIC SIGNATURE AND Form I-9 retention requirement that Action Date FR Cite STORAGE OF FORM I–9, President George W. Bush signed into EMPLOYMENT ELIGIBILITY law on October 30, 2004. In Interim Final Rule 08/14/06 VERIFICATION Comment Period implementing these changes, this rule End Legal Authority: 8 USC 1101; 8 USC sets standards for electronic signatures Final Rule 07/00/09 1103; 8 USC 1324a; 8 CFR 2 and the electronic retention of the Form I-9. Regulatory Flexibility Analysis Abstract: This interim rule amends Required: Yes Department of Homeland Security Timetable: Agency Contact: (DHS) regulations to provide that Allan Vanscoy, employers and recruiters or referrers for Action Date FR Cite Department of Homeland Security, U.S. Immigration and Customs Enforcement, a fee required to complete and retain Interim Final Rule 06/15/06 71 FR 34510 Forms I-9, Employment Eligibility 500 12th Street SW., Washington, DC Interim Final Rule 06/15/06 20025 Verification, may sign and retain these Effective forms electronically. This rule Phone: 202 732–5798 implements statutory changes to the RIN: 1653–AA47
Department of Homeland Security (DHS) Proposed Rule Stage Federal Emergency Management Agency (FEMA)
224. UPDATE OF FEMA’S PUBLIC substantive and nonsubstantive Regulatory Flexibility Analysis ASSISTANCE REGULATIONS clarifications and corrections to the Required: Yes Public Assistance regulations. This Legal Authority: 42 USC 5121–5207 proposed rule is intended to improve Agency Contact: James A. Walke, Abstract: This proposed rule would the efficiency and consistency of the Disaster Assistance Directorate, revise the Federal Emergency Public Assistance Program, as well as Department of Homeland Security, Management Agency’s Public implement new statutory authority by Federal Emergency Management Assistance program regulations. Many expanding Federal assistance, providing Agency, 500 C Street SW., Washington, of these changes reflect amendments for precautionary evacuations, DC 20472 made to the Robert T. Stafford Disaster improving the Project Worksheet Phone: 202 646–2751 Relief and Emergency Assistance Act process, empowering grantees, and Fax: 202 646–3304 by the Post-Katrina Emergency improving State Administrative Plans. Email: [email protected] Management Reform Act of 2006 and Timetable: the Security and Accountability For RIN: 1660–AA51 Every Port Act of 2006. The proposed Action Date FR Cite rule also proposes a few further NPRM 08/00/09
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Department of Homeland Security (DHS) Completed Actions Federal Emergency Management Agency (FEMA)
225. ASSISTANCE TO FIREFIGHTERS health and safety of the public and that Agency Contact: Brian Cowan, GRANT PROGRAM of firefighting personnel facing fire and Director, Assistance to Firefighters fire-related hazards. Grants are also Program Office, Department of Legal Authority: 15 USC 2229, Federal made to eligible organizations and fire Homeland Security, Federal Emergency Fire Prevention and Control Act of departments for the purpose of fire Management Agency, 800 K Street, 1974, as amended prevention and firefighter safety NW., Washington, DC 20472–3620 Abstract: FEMA would update existing research activities. Phone: 866 274–0960 guidance on grants made directly to fire Timetable: Fax: 202 786–9938 departments and non-affiliated Action Date FR Cite Email: [email protected] emergency medical service (EMS) organizations of a State. The purpose Withdrawn 02/11/09 RIN: 1660–AA50 of the grants is to enhance these Regulatory Flexibility Analysis [FR Doc. E9–10269 Filed 05–08–09; 8:45 am] organizations’ ability to protect both the Required: Yes BILLING CODE 9110–9B–S
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Part VIII
Department of Housing and Urban Development Semiannual Regulatory Agenda
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
DEPARTMENT OF HOUSING AND jurisdictions. Executive Order 12866 rules or regulations that are under URBAN DEVELOPMENT and the Regulatory Flexibility Act development or review by the permit incorporation of the agenda Department. A rule appearing on the 24 CFR Subtitles A and B required by these two authorities with agenda cannot be published for [Docket No. FR-5292-N-01] any other prescribed agenda. comment before or during the first 15 HUD’s regulatory agenda combines calendar days after transmittal of the Semiannual Regulatory Agenda the information required by Executive agenda. Section 7(o) provides that if, within that period, either committee AGENCY: Department of Housing and Order 12866 and the Regulatory notifies the Secretary that it intends to Urban Development. Flexibility Act. In addition, HUD’s regulatory agenda contains certain review any rule or regulation that ACTION: Semiannual regulatory agenda. information not required by either the appears on the agenda, the Secretary Executive order or by the Regulatory must submit to both committees a copy SUMMARY: In accordance with section Flexibility Act that the Department of the rule or regulation, in the form that 4(b) of Executive Order 12866 considers useful, both to better inform it is intended to be proposed, at least 15 ‘‘Regulatory Planning and Review,’’ as the public and to enhance the calendar days before it is to be amended, HUD is publishing its agenda Department’s own inventory control published for comment. The semiannual of regulations already issued or that are over its body of regulations. As was the agenda posted on www.reginfo.gov is expected to be issued during the next case with the fall 2008 edition of HUD’s the agenda transmitted to the several months. The agenda also regulatory agenda, the Internet will be committees in compliance with the includes rules currently in effect that the basic means for disseminating the above requirements. are under review and describes those spring 2009 Unified Agenda. The HUD has attempted to list in this regulations that may affect small complete Unified Agenda will be agenda all regulations and regulatory entities, as required by section 602 of available online at www.reginfo.gov, in reviews pending at the time of the Regulatory Flexibility Act. The a format that offers users a greatly publication, except for minor and purpose of publication of the agenda is enhanced ability to obtain information routine or repetitive actions, but some to encourage more effective public from the Agenda database. Because may have been inadvertently omitted, or participation in the regulatory process publication in the Federal Register is may have arisen too late to be included by providing the public with advance mandated for the regulatory flexibility in the published agenda. There is no information about pending regulatory agendas by the Regulatory Flexibility legal significance to the omission of an activities. Act (5 U.S.C. 602), the Department’s item from this agenda. Also, where a published agenda entries include only: FOR FURTHER INFORMATION CONTACT: date is provided for the next rulemaking Aaron Santa Anna, Assistant General (1) Rules that are in the Department’s action, the date is an estimate and is not Counsel for Regulations, Office of regulatory flexibility agenda, in a commitment to act on or by the date General Counsel, Department of accordance with the Regulatory shown. Housing and Urban Development, 451 Flexibility Act, because they are likely In some cases, HUD has withdrawn 7th Street SW., Room 10276, to have a significant economic impact rules that were placed on previous Washington, DC 20410-0500; telephone on a substantial number of small agendas for which there has been no (202) 708-3055. (This is not a toll-free entities; and publication activity. Withdrawal of a number.) A telecommunications device (2) Rules that the Department has rule does not necessarily mean that for hearing- and speech-impaired identified for periodic review under HUD will not proceed with the individuals (TTY) is available at (800) section 610 of the Regulatory Flexibility rulemaking. Withdrawal allows HUD to 877-8339 (Federal Information Relay Act. assess the subject matter further and Service). Publication of these entries is limited determine whether rulemaking in that area is appropriate. Following such an SUPPLEMENTARY INFORMATION: to fields that contain information required by the Regulatory Flexibility assessment, the Department may Executive Order 12866 ‘‘Regulatory determine that certain rules listed as Planning and Review’’ (58 FR 51735), as Act’s Agenda requirements. Additional information on these entries is available withdrawn under this agenda are amended, requires each department or appropriate. If that determination is agency to prepare semiannually an in the Unified Agenda published online at www.reginfo.gov. made, such rules will be included in a agenda of: (1) Regulations that the succeeding semiannual agenda. department or agency has issued or The Department is subject to certain expects to issue and (2) rules currently rulemaking requirements set forth in the In addition, for a few rules that have in effect that are under departmental or Department of Housing and Urban been published as proposed or interim agency review. The Regulatory Development Act (42 U.S.C. 3531 et rules and which, therefore, require Flexibility Act (5 U.S.C. 601 to 612) seq.). Section 7(o) of the Department of further rulemaking, HUD has identified requires each department or agency to Housing and Urban Development Act the timing of the next action stage as publish semiannually a regulatory (42 U.S.C. 3535(o)) requires that the ‘‘undetermined.’’ These are rules that agenda of rules expected to be proposed Secretary transmit to the congressional are still under review by HUD for which or promulgated that are likely to have a committees having jurisdictional a determination and timing of the next significant economic impact on a oversight of HUD (the Senate Committee action stage have not yet been made. substantial number of ‘‘small entities,’’ on Banking, Housing, and Urban Affairs, Since the purpose of publication of meaning small businesses, small and the House Committee on Financial the agenda is to encourage more organizations, or small governmental Services), a semiannual agenda of all effective public participation in the
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HUD
regulatory process by providing the the public to comment on the rules public with early information about the listed in the agenda. Department’s future regulatory actions, Dated: March 3, 2009. HUD invites all interested members of Linda M. Cruciani, Deputy General Counsel for Operations. Office of Housing—Completed Actions
Regulation Sequence Title Identifier Number Number
226 24 CFR 3500 Real Estate Settlement Procedures Act (RESPA): Simplification and Improvement of the Process of Obtaining Home Mortgages and Reducing Consumer Costs (FR-5180) ...... 2502–AI61
Department of Housing and Urban Development (HUD) Completed Actions Office of Housing (OH)
226. REAL ESTATE SETTLEMENT providers; (2) ensure that page one of (9) expressly state when RESPA permits PROCEDURES ACT (RESPA): the GFE provides a clear summary of certain pricing mechanisms that benefit SIMPLIFICATION AND IMPROVEMENT the loan terms and total settlement consumers, including volume-based OF THE PROCESS OF OBTAINING charges, so that borrowers will be able discounts. The final rule follows a HOME MORTGAGES AND REDUCING to use the GFE to identify a particular March 14, 2008, proposed rule and CONSUMER COSTS (FR–5180) loan product and then comparison-shop makes changes in response to public Legal Authority: 12 USC 2601 et seq; among loan originators; (3) provide comment and further consideration of 42 USC 3535(d) more accurate estimates of costs of certain issues by HUD. settlement services shown on the GFE; Completed: Abstract: This final rule amends HUD’s (4) improve disclosure of yield spread regulations to further RESPA’s purposes premiums, to help borrowers Reason Date FR Cite by requiring more timely and effective understand how they can affect their Final Action 11/17/08 73 FR 68204 disclosures related to mortgage settlement charges; (5) facilitate settlement costs for federally related comparison of the GFE and the HUD- Regulatory Flexibility Analysis mortgage loans to consumers. The 1/HUD-1A Settlement Statements; (6) Required: Yes changes made by this final rule are ensure that at settlement, borrowers are Agency Contact: Ivy Jackson designed to protect consumers from aware of final costs as they relate to Phone: 202 708–0502 unnecessarily high settlement costs by the particular mortgage loan and taking steps to: (1) Improve and settlement transaction; (7) clarify HUD- RIN: 2502–AI61 standardize the Good Faith Estimate 1 instructions; (8) clarify HUD’s current [FR Doc. E9–10275 Filed 05–08–09; 8:45 am] (GFE) form, to make it easier to use regulations concerning discounts; and BILLING CODE 4210–67–S for shopping among settlement
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Part IX
Department of Justice Semiannual Regulatory Agenda
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DEPARTMENT OF JUSTICE (DOJ)
DEPARTMENT OF JUSTICE SUPPLEMENTARY INFORMATION: Beginning The Regulatory Flexibility Act (RFA) with the fall 2007 edition, the Internet requires that, each year, the Department 8 CFR Ch. V is now the basic means for publish a list of those regulations that disseminating the Unified Agenda. The have a significant economic impact 21 CFR Ch. I complete Unified Agenda is available upon a substantial number of small online at www.reginfo.gov in a format entities and are to be reviewed under 27 CFR Ch. II that offers users a greatly enhanced section 610 of the Act during the ability to obtain information from the succeeding 12 months. This edition of 28 CFR Ch. I Agenda database. the Department’s regulatory agenda includes two regulations requiring such Regulatory Agenda Because publication in the Federal a review: ‘‘Nondiscrimination on the AGENCY: Department of Justice. Register is mandated for the regulatory Basis of Disability in Public flexibility agendas required by the ACTION: Semiannual regulatory agenda. Accommodations and Commercial Regulatory Flexibility Act (5 U.S.C. Facilities’’ (RIN 1190-AA44) and 602), the Department of Justice’s printed ‘‘Nondiscrimination on the Basis of SUMMARY: The Department of Justice is agenda entries include only: Disability in State and Local publishing its spring 2009 regulatory Government Services’’ (RIN 1190- (1) Rules that are in the Agency’s agenda pursuant to Executive Order AA46). In accordance with the RFA, regulatory flexibility agenda, in 12866 ‘‘Regulatory Planning and comments are specifically invited on accordance with the Regulatory Review,’’ 58 FR 51735, and the these regulations. Those comments Flexibility Act, because they are likely Regulatory Flexibility Act, 5 U.S.C. should be addressed to the contact to have a significant economic impact sections 601 to 612 (1988). persons listed in the entries for these on a substantial number of small items. FOR FURTHER INFORMATION CONTACT: entities; and Robert Hinchman, Senior Counsel, Office of Legal Policy, Department of (2) Any rules that the Agency has Dated: March 10, 2009. Justice, Room 4252, 950 Pennsylvania identified for periodic review under Kevin R. Jones, Avenue NW., Washington, DC 20530, section 610 of the Regulatory Flexibility Acting Assistant Attorney General, Office of (202) 514-8059. Act. Legal Policy. Civil Rights Division—Final Rule Stage
Regulation Sequence Title Identifier Number Number
227 Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities (Section 610 Review) ...... 1190–AA44 228 Nondiscrimination on the Basis of Disability in State and Local Government Services (Section 610 Review) ...... 1190–AA46
Legal Activities—Completed Actions
Regulation Sequence Title Identifier Number Number
229 Revised Inspection of Records Relating to Depiction of Sexually Explicit Performances ...... 1105–AB18 230 Implementation of Section 503 of the Adam Walsh Child Protection and Safety Act of 2006 ...... 1105–AB19
Department of Justice (DOJ) Final Rule Stage Civil Rights Division (CRT)
227. NONDISCRIMINATION ON THE With Disabilities Act of 1990 (ADA). Department of Justice and the Access BASIS OF DISABILITY IN PUBLIC Those regulations include the ADA Board have each gathered a great deal ACCOMMODATIONS AND Standards for Accessible Design, which of information regarding the COMMERCIAL FACILITIES (SECTION establish requirements for the design implementation of the Standards. The 610 REVIEW) and construction of accessible facilities Access Board began the process of that are consistent with the ADA revising ADAAG a number of years ago. Legal Authority: 5 USC 301; 28 USC Accessibility Guidelines (ADAAG) It published new ADAAG in final form 509; 28 USC 510; 42 USC 12186(b) published by the U.S. Architectural and on July 23, 2004, after having published Abstract: In 1991, the Department of Transportation Barriers Compliance guidelines in proposed form in Justice published regulations to Board (Access Board). In the time since November 1999 and in draft final form implement title III of the Americans the regulations became effective, the in April 2002. In order to maintain
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DOJ—CRT Final Rule Stage
consistency between ADAAG and the ADAAG, and initiated the review of the reviewing its title II regulations and ADA Standards, the Department is regulation in accordance with the expects to propose, in one or more reviewing its title III regulations and requirements of section 610 of the stages, to adopt revised standards expects to propose, in one or more Regulatory Flexibility Act, as amended consistent with new ADAAG. The stages, to adopt revised ADA Standards by the Small Business Regulatory Department will also, in one or more consistent with the final revised Enforcement Fairness Act of 1996 stages, review its title II regulations for ADAAG and to make related revisions (SBREFA). purposes of section 610 of the to the Department’s title III regulations. Timetable: Regulatory Flexibility Act and make In addition to maintaining consistency related changes to its title II between ADAAG and the Standards, Action Date FR Cite regulations. the purpose of this review and these ANPRM 09/30/04 69 FR 58768 In addition to the statutory requirement revisions is to more closely coordinate ANPRM Comment 01/28/05 for the rule, the social and economic with voluntary standards; to clarify Period End realities faced by Americans with areas which, through inquiries and ANPRM Comment 01/19/05 70 FR 2992 disabilities dictate the need for the rule. comments to the Department’s Period Extended Individuals with disabilities cannot technical assistance phone lines, have ANPRM Comment 05/31/05 participate in the social and economic Period End been shown to cause confusion; to activities of the Nation without being NPRM 06/17/08 73 FR 34508 reflect evolving technologies in areas able to access the programs and affected by the Standards; and to NPRM Comment 08/18/08 Period End services of State and local governments. comply with section 610 of the Further, amending the Department’s Regulatory Flexibility Act, which NPRM Correction 06/30/08 73 FR 37009 Final Action 09/00/09 ADA regulations will improve the requires agencies once every 10 years format and usability of the ADA to review rules that have a significant Regulatory Flexibility Analysis Standards for Accessible Design; economic impact upon a substantial Required: Yes harmonize the differences between the number of small entities. Agency Contact: John L. Wodatch, ADA Standards and national consensus The first step in adopting revised Chief, Disability Rights Section, standards and model codes; update the Standards was an advance notice of Department of Justice, Civil Rights ADA Standards to reflect technological proposed rulemaking that was Division, 950 Pennsylvania Avenue developments that meet the needs of published in the Federal Register on NW, Washington, DC 20030 persons with disabilities; and September 30, 2004, at 69 FR 58768, Phone: 800 514–0301 coordinate future ADA Standards issued under both title II and title III. TDD Phone: 800 514–0383 revisions with national standards and The Department believes that the Fax: 202 307–1198 model code organizations. As a result, advance notice simplified and clarified the overarching goal of improving RIN: 1190–AA44 the preparation of the proposed rule. access for persons with disabilities so In addition to giving notice that the that they can benefit from the goods, proposed rule will adopt revised ADA 228. NONDISCRIMINATION ON THE services, and activities provided to the accessibility standards, the advance BASIS OF DISABILITY IN STATE AND public by covered entities will be met. notice raised questions for public LOCAL GOVERNMENT SERVICES The first part of the rulemaking process comment and proposed a framework for (SECTION 610 REVIEW) was an advance notice of proposed the regulatory analysis that Legal Authority: 5 USC 301; 28 USC rulemaking, published in the Federal accompanied the proposed rule. 509 to 510; 42 USC 12134; PL 101–336 Register on September 30, 2004, at 69 The adoption of revised ADAAG will Abstract: On July 26, 1991, the FR 58768, issued under both title II and also serve to address changes to the Department published its final rule title III. The Department believes the ADA Standards previously proposed in implementing title II of the Americans advance notice simplified and clarified RIN 1190-AA26, RIN 1190-AA38, RIN With Disabilities Act (ADA). On the preparation of the proposed rule to 1190-AA47, and RIN 1190-AA50, all of November 16, 1999, the U.S. follow. In addition to giving notice of which have now been withdrawn from Architectural and Transportation the proposed rule that will adopt the Unified Agenda. These changes Barriers Compliance Board (Access revised ADA accessibility standards, include technical specifications for Board) issued its first comprehensive the advance notice raised questions for facilities designed for use by children, review of the ADA Accessibility public comment and proposed a accessibility standards for State and Guidelines (ADAAG), which form the framework for the regulatory analysis local government facilities, play areas, basis of the Department’s ADA that accompanied the proposed rule. and recreation facilities, all of which Standards for Accessible Design. The The adoption of revised ADA Standards had previously been published by the Access Board published an Availability consistent with revised ADAAG will Access Board. of Draft Final Guidelines on April 2, also serve to address changes to the The timetable set forth below refers to 2002, and published the ADA ADA Standards previously proposed the notice of proposed rulemaking that Accessibility Guidelines in final form under RIN 1190-AA26, RIN 1190-AA38, the Department issued as the second on July 23, 2004. The ADA (section RIN 1190-AA47, and RIN 1190-AA50, step of the above described title III 204(c)) requires the Department’s all of which have now been withdrawn rulemaking. This notice proposed to standards to be consistent with the from the Unified Agenda. These adopt revised ADA Standards for Access Board’s guidelines. In order to changes include technical Accessible Design consistent with the maintain consistency between ADAAG specifications for facilities designed for minimum guidelines of the revised and the Standards, the Department is use by children, accessibility standards
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DOJ—CRT Final Rule Stage
for State and local government Timetable: NPRM Correction 06/30/08 73 FR 36964 Final Action 09/00/09 facilities, play areas, and recreation Action Date FR Cite facilities, all of which had previously Regulatory Flexibility Analysis been published by the Access Board. ANPRM 09/30/04 69 FR 58768 Required: Yes ANPRM Comment 01/28/05 The timetable set forth below refers to Period End Agency Contact: John L. Wodatch, the notice of proposed rulemaking that ANPRM Comment 01/19/05 70 FR 2992 Chief, Disability Rights Section, the Department issued as the second Period Extended Department of Justice, Civil Rights step of the above-described title III ANPRM Comment 05/31/05 Division, 950 Pennsylvania Avenue rulemaking. This notice also proposed Period End NW, Washington, DC 20030 to eliminate the Uniform Federal NPRM 06/17/08 73 FR 34466 Phone: 800 514–0301 Accessibility Standards (UFAS) as an NPRM Comment 08/18/08 TDD Phone: 800 514–0383 alternative to the ADA Standards for Period End Fax: 202 307–1198 Accessible Design. RIN: 1190–AA46
Department of Justice (DOJ) Completed Actions Legal Activities (LA)
229. REVISED INSPECTION OF requirements implementing section 230. IMPLEMENTATION OF SECTION RECORDS RELATING TO DEPICTION 2257, title 18, United States Code. On 503 OF THE ADAM WALSH CHILD OF SEXUALLY EXPLICIT May 24, 2005 (70 FR 29607), the PROTECTION AND SAFETY ACT OF PERFORMANCES Department published a final rule 2006 Legal Authority: 18 USC 2257; PL amending these requirements at 28 CFR Legal Authority: 18 USC 2257A part 75 to bring the regulations up to 109–248 Abstract: date and to make the inspection This rule adds recordkeeping Abstract: In the Child Protection and and inspection requirements to title 28 process effective for the purposes set Obscenity Enforcement Act of 1998, of the Code of Federal Regulations to by Congress in enacting section 2257. Public Law No. 100-690, as amended implement 18 U.S.C. section 2257A. by the Child Protection Restoration and This rule amends the recordkeeping Section 2257A, enacted as section 503 Penalties Enhancement Act of 1990, and inspection requirements of 28 CFR of the Adam Walsh Child Protection Public Law No. 101-647, and the part 75 to account for changes in the and Safety Act of 2006, requires a Prosecutorial Remedies and Other underlying statute, 18 U.S.C. section producer of depictions of simulated Tools to End the Exploitation of 2257, made by the Adam Walsh Child sexually explicit conduct to maintain Children Today Act of 2003, Public Protection and Safety Act of 2006. records of the identities and ages of Law No. 108-21, Congress set forth performers in those depictions. requirements at section 2257, title 18, Completed: Completed: United States Code, concerning recordkeeping requirements for Reason Date FR Cite Reason Date FR Cite producers of sexually explicit material. Final Action 12/18/08 73 FR 77432 Final Action 12/18/08 73 FR 77432 Section 2257 of title 18, United States Final Action Effective 01/20/09 Final Action Effective 01/20/09 Code, specifies steps that must be taken Compliance Date 03/18/09 Compliance Date 03/18/09 by persons who produce materials depicting sexually explicit conduct to Regulatory Flexibility Analysis Regulatory Flexibility Analysis Required: Yes determine the names and dates of birth Required: Yes of persons depicted in those materials, Agency Contact: Andrew Oosterbaan lists records that must be kept by Agency Contact: Andrew Oosterbaan Phone: 202 514–5780 persons producing those materials, and Phone: 202 514–5780 Fax: 202 514–1793 requires that notices as to the location Fax: 202 514–1793 RIN: 1105–AB19 of those records be affixed to those materials. 28 CFR part 75 contains RIN: 1105–AB18 [FR Doc. E9–10273 Filed 05–08–09; 8:45 am] recordkeeping and inspection BILLING CODE 4410–BP–S
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Part X
Department of Labor Semiannual Regulatory Agenda
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DEPARTMENT OF LABOR (DOL)
DEPARTMENT OF LABOR Avenue NW., Room S-2312, The Regulatory Flexibility Act (under Washington, DC 20210; (202) 693-5959. section 610) also requires agencies to periodically review rules ‘‘which have Office of the Secretary NOTE: Information pertaining to a specific regulation can be obtained from the agency or will have a significant economic 20 CFR Chs. I, IV, V, VI, VII, and IX contact listed for that particular regulation. impact upon a substantial number of small entities’’ and to annually publish SUPPLEMENTARY INFORMATION: Executive a list of the rules that will be reviewed 29 CFR Subtitle A and Chs. II, IV, V, Order 12866 and the Regulatory during the succeeding 12 months. The XVII, and XXV Flexibility Act require the semiannual purpose of the review is to determine publication in the Federal Register of an whether the rule should be continued 30 CFR Ch. I agenda of regulations. As permitted by without change, amended, or rescinded. law, the Department of Labor is The next 12-month review list for the combining the publication of its agendas 41 CFR Ch. 60 Department of Labor is provided below, under the Regulatory Flexibility Act and and public comment is invited on the Executive Order 12866. 48 CFR Ch. 29 listing. A brief description of each rule, Executive Order 12866 became the legal basis for the rule, and the agency contact are provided with each Semiannual Agenda of Regulations effective September 30, 1993, and, in substance, requires the Department of agenda item. AGENCY: Office of the Secretary, Labor. Labor to publish an agenda listing all Occupational Safety and Health the regulations it expects to have under Administration ACTION: Semiannual regulatory agenda. active consideration for promulgation, proposal, or review during the coming Methylene Chloride (RIN 1218-AC23) 1-year period. The focus of all Bloodborne Pathogens (RIN 1218- SUMMARY: This document sets forth the departmental regulatory activity will be AC34) Department’s semiannual agenda of on the development of effective rules regulations that have been selected for Employee Benefits Security that advance the Department’s goals and Administration review or development during the that are understandable and usable to coming year. The Department’s agencies the employers and employees in all Plan Assets-Participant Contributions have carefully assessed their available affected workplaces. Regulations (RIN 1210-AB11) resources and what they can accomplish In addition, beginning with the fall All interested members of the public in the next 12 months and have adjusted 2007 edition, the Internet will be the are invited and encouraged to let their agendas accordingly. basic means for disseminating the departmental officials know how our Unified Agenda. The complete Unified regulatory efforts can be improved, and, The agenda complies with the of course, to participate in and comment requirements of both Executive Order Agenda will be available online at www.reginfo.gov, in a format that offers on the review or development of the 12866 and the Regulatory Flexibility regulations listed on the agenda. Act. The agenda lists all regulations that users a greatly enhanced ability to are expected to be under review or obtain information from the Agenda For this edition of the Department of development between April 2009 and database. Labor’s regulatory agenda, the most April 2010, as well as those completed important significant regulatory actions The Regulatory Flexibility Act, which and a Statement of Regulatory Priorities during the past 6 months. became effective on January 1, 1981, are included in The Regulatory Plan, requires the Department of Labor to FOR FURTHER INFORMATION CONTACT: which appears in both the online publish an agenda, listing all the Unified Agenda and in part II of the Kathleen Franks, Director, Office of regulations it expects to propose or Regulatory Policy, Office of the Federal Register that includes the promulgate that are likely to have a Unified Agenda. Assistant Secretary for Policy, U.S. ‘‘significant economic impact on a Department of Labor, 200 Constitution substantial number of small entities’’ (5 Hilda Solis U.S.C. 602). Secretary of Labor. Employment Standards Administration—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
231 Form LM-30, Labor Organization Officer and Employee Report ...... 1215–AB74
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DOL
Employment Standards Administration—Final Rule Stage
Regulation Sequence Title Identifier Number Number
232 Labor Organization Annual Financial Reports ...... 1215–AB62
Employee Benefits Security Administration—Prerule Stage
Regulation Sequence Title Identifier Number Number
233 Plan Assets—Participant Contributions Regulation (Section 610 Review) ...... 1210–AB11
Employee Benefits Security Administration—Final Rule Stage
Regulation Sequence Title Identifier Number Number
234 Amendment of Regulation Relating to Definition of Plan Assets—Participant Contributions ...... 1210–AB02
Mine Safety and Health Administration—Prerule Stage
Regulation Sequence Title Identifier Number Number
235 Explosives and Blasting (Section 610 Review) ...... 1219–AB62
Occupational Safety and Health Administration—Prerule Stage
Regulation Sequence Title Identifier Number Number
236 Occupational Exposure to Crystalline Silica ...... 1218–AB70 237 Occupational Exposure to Beryllium ...... 1218–AB76 238 Methylene Chloride (Section 610 Review) ...... 1218–AC23 239 Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl ...... 1218–AC33
Occupational Safety and Health Administration—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
240 Confined Spaces in Construction ...... 1218–AB47 241 Electric Power Transmission and Distribution; Electrical Protective Equipment ...... 1218–AB67 242 Cranes and Derricks in Construction ...... 1218–AC01
Occupational Safety and Health Administration—Long-Term Actions
Regulation Sequence Title Identifier Number Number
243 Bloodborne Pathogens (610 Review) (Section 610 Review) ...... 1218–AC34
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Department of Labor (DOL) Proposed Rule Stage Employment Standards Administration (ESA)
231. ∑ FORM LM–30, LABOR among others, is to identify potential Standards, Office of Labor–Management ORGANIZATION OFFICER AND conflicts of interest between the labor Standards, Department of Labor, EMPLOYEE REPORT organization officials and their labor Employment Standards Administration, Legal Authority: 29 USC 432; 29 USC organization. 200 Constitution Avenue NW., FP 438 Timetable: Building, Room N–5609, Washington, DC 20210 Abstract: The Department intends to Action Date FR Cite Phone: 202 693–0123 review questions of law and policy NPRM 08/00/09 within the recently published changes TDD Phone: 202 693–1340 to the Form LM-30. The Form LM-30 Regulatory Flexibility Analysis Fax: 800 877–8339 (Labor Organization Officer and Required: Yes Email: [email protected] Employee Report) is required by the Agency Contact: Andrew R. Davis, RIN: LMRDA. The purpose of the Form, Chief, Division of Interpretations and 1215–AB74
Department of Labor (DOL) Final Rule Stage Employment Standards Administration (ESA)
232. LABOR ORGANIZATION ANNUAL withdrawing the January 21, 2009 Final Action Date FR Cite FINANCIAL REPORTS Rule. NPRM Effective and 03/19/09 74 FR 1700 Legal Authority: 29 USC 431(b); 29 Timetable: Applicability Date USC 438 Extension (180 Action Date FR Cite Abstract: The Department of Labor’s Days) Employment Standards Administration NPRM 05/12/08 73 FR 27346 Final Rule; Delaying 04/21/09 74 FR 18132 published a final rule on January 21, NPRM Extension of 06/19/08 73 FR 34913 Effective Date and 2009, which modified the annual Comment Period Applicability Date for financial disclosure report Form LM-2 End 180 Days and established standards and NPRM Comment 06/26/08 Proposed Withdrawal 04/21/09 74 FR 18172 procedures by which the Office of Period End of January 2009 Labor Management Standards, pursuant NPRM Comment 07/11/08 73 FR 3491 Final Rule Period Extended to section 208 of the Labor Management Final Rule 10/00/09 Final Rule 01/21/09 74 FR 3678 Reporting and Disclosure Act (LMRDA), NPRM Effective Date 02/03/09 74 FR 5899 Regulatory Flexibility Analysis 29 U.S.C. 438, may revoke the Extension (60 Required: Yes authorization of a labor organization to Days); Request file a simplified annual financial Comment on Legal Agency Contact: Denise Boucher, disclosure report, Form LM-3, and & Policy Questions Director, Office of Policy, Reports and instead require it to file the more of Final Rule Disclosure, Department of Labor, detailed Form LM-2. NPRM Extension 02/13/09 Employment Standards Administration, Through notice and comment Comment Period 200 Constitution Avenue NW., FP rulemaking the Department extended End Final Action Effective 02/20/09 74 FR 3678 Building, Room N–5609, Washington, the effective date of the January 21, DC 20210 2009 Final Rule to April 21, 2009. The Final Rule; Delaying 02/20/09 74 FR 7814 Effective Date for 60 Phone: 202 693–1185 effective date and applicability date of Days TDD Phone: 800 877–8399 the January 21, 2009 Final Rule were Legal and Policy 03/05/09 Fax: 202 693–1340 further extended through notice and Questions Relating Email: [email protected] comment rulemaking to October 19, to January 2009 2009 and January 1, 2010, respectively. Final Rule Comment RIN: 1215–AB62 The Department has proposed Period End
Department of Labor (DOL) Prerule Stage Employee Benefits Security Administration (EBSA)
233. PLAN ASSETS–PARTICIPANT with the requirements of section 610 other Federal rules and, to the extent CONTRIBUTIONS REGULATION of the Regulatory Flexibility Act. The feasible, with State and local rules; and (SECTION 610 REVIEW) review will cover the continued need the extent to which technology, for the rule; the nature of complaints economic conditions, or other factors Legal Authority: 29 USC 1135 or comments received from the public have changed in industries affected by Abstract: EBSA is conducting a review concerning the rule; the complexity of the rule. of the plan assets-participant the rule; the extent to which the rule contributions regulation in accordance overlaps, duplicates, or conflicts with
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DOL—EBSA Prerule Stage
Timetable: Regulatory Flexibility Analysis Avenue NW., FP Building, Room Required: Undetermined N–5655, Washington, DC 20210 Action Date FR Cite Agency Contact: Melissa R. Dennis, Phone: 202 693–8500 Begin Review 03/01/06 Pension Law Specialist, Department of Fax: 202 219–7291 End Review 12/00/09 Labor, Employee Benefits Security RIN: Administration, 200 Constitution 1210–AB11
Department of Labor (DOL) Final Rule Stage Employee Benefits Security Administration (EBSA)
234. AMENDMENT OF REGULATION amendment to the current regulation Regulatory Flexibility Analysis RELATING TO DEFINITION OF PLAN that will establish a safe harbor period Required: Yes ASSETS—PARTICIPANT of a specified number of business days CONTRIBUTIONS during which certain moneys that a Agency Contact: Louis J. Campagna, Chief, Division of Fiduciary Legal Authority: 29 USC 1135 participant pays to, or has withheld by, an employer for contribution to a plan Interpretations, Department of Labor, Abstract: This rulemaking will amend would not constitute ‘‘plan assets.’’ Employee Benefits Security the regulation that defines when Administration, 200 Constitution participant moneys paid to or withheld Timetable: Avenue NW., FP Building, Room by an employer for contribution to an Action Date FR Cite N–5655, Washington, DC 20210 employee benefit plan constitute ‘‘plan Phone: 202 693–8510 assets’’ for purposes of title I of ERISA NPRM 02/29/08 73 FR 11072 Fax: 202 219–7291 and the related prohibited transaction NPRM Comment 04/29/08 provisions of the Internal Revenue Period End RIN: 1210–AB02 Code. The regulation contains an Final Action 09/00/09
Department of Labor (DOL) Prerule Stage Mine Safety and Health Administration (MSHA)
235. EXPLOSIVES AND BLASTING Timetable: of Labor, Mine Safety and Health (SECTION 610 REVIEW) Action Date FR Cite Administration, 1100 Wilson Legal Authority: 30 USC 811 Boulevard, Room 2350, Arlington, VA ANPRM 07/00/09 22209–3939 Abstract: MSHA will review the Regulatory Flexibility Analysis Phone: 202 693–9440 existing coal and metal and nonmetal Required: standards for explosives and blasting in Undetermined Fax: 202 693–9441 view of advances in technology and Agency Contact: Patricia W. Silvey, Email: [email protected] consistency. The next action will be an Director, Office of Standards, RIN: 1219–AB62 advance notice of proposed rulemaking. Regulations, and Variances, Department
Department of Labor (DOL) Prerule Stage Occupational Safety and Health Administration (OSHA)
236. OCCUPATIONAL EXPOSURE TO silicosis that are ultimately fatal. The Both industry and worker groups have CRYSTALLINE SILICA current OSHA permissible exposure recognized that a comprehensive Legal Authority: 29 USC 655(b); 29 limit (PEL) for general industry is based standard for crystalline silica is needed USC 657 on a formula recommended by the to provide for exposure monitoring, American Conference of Governmental medical surveillance, and worker Abstract: Crystalline silica is a Industrial Hygienists (ACGIH) in 1971 training. The American Society for significant component of the earth’s (PEL=10mg/cubic meter/(% silica + 2), Testing and Materials (ASTM) has crust, and many workers in a wide range of industries are exposed to it, as respirable dust). The current PEL for published a recommended standard for usually in the form of respirable quartz construction and maritime (derived addressing the hazards of crystalline or, less frequently, cristobalite. Chronic from ACGIH’s 1962 Threshold Limit silica. The Building Construction silicosis is a uniquely occupational Value) is based on particle counting Trades Department of the AFL-CIO has disease resulting from exposure of technology, which is considered also developed a recommended employees over long periods of time obsolete. NIOSH and ACGIH comprehensive program standard. (10 years or more). Exposure to high recommend 50μg/m3 and 25μg/m3 These standards include provisions for levels of respirable crystalline silica exposure limits, respectively, for methods of compliance, exposure causes acute or accelerated forms of respirable crystalline silica.
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DOL—OSHA Prerule Stage
monitoring, training, and medical Timetable: Fax: 202 693–1641 surveillance. Action Date FR Cite Email: [email protected] RIN: 1218–AC23 Timetable: Request for 11/26/02 67 FR 70707 Action Date FR Cite Information SBREFA Report 01/23/08 239. OCCUPATIONAL EXPOSURE TO Completed SBREFA 12/19/03 Completed Report DIACETYL AND FOOD FLAVORINGS Initiate Peer Review of 12/00/09 CONTAINING DIACETYL Initiate Peer Review of 06/00/09 Health Effects and Health Effects and Risk Assessment Legal Authority: 29 USC 655(b); 29 Risk Assessment USC 657 Regulatory Flexibility Analysis Regulatory Flexibility Analysis Required: Yes Abstract: On July 26, 2006, the United Required: Yes Food and Commercial Workers Agency Contact: Dorothy Dougherty, International Union (UFCW) and the Agency Contact: Dorothy Dougherty, Director, Directorate of Standards and Director, Directorate of Standards and International Brotherhood of Teamsters Guidance, Department of Labor, (IBT) petitioned DOL for an Emergency Guidance, Department of Labor, Occupational Safety and Health Occupational Safety and Health Temporary Standard (ETS) for all Administration, 200 Constitution employees exposed to diacetyl, a major Administration, 200 Constitution Avenue NW., FP Building, Room component in artificial butter flavoring. Avenue NW., FP Building, Room N–3718, Washington, DC 20210 Diacetyl and a number of other volatile N–3718, Washington, DC 20210 Phone: 202 693–1950 organic compounds are used to Phone: 202 693–1950 Fax: 202 693–1678 manufacture artificial butter food Fax: 202 693–1678 Email: [email protected] flavorings. These food flavorings are Email: [email protected] RIN: 1218–AB76 used by various food manufacturers in RIN: 1218–AB70 a multitude of food products including microwave popcorn, certain bakery 238. METHYLENE CHLORIDE goods, and some snack foods. OSHA 237. OCCUPATIONAL EXPOSURE TO (SECTION 610 REVIEW) BERYLLIUM denied the petition on September 25, Legal Authority: 29 USC 655(b); 5 USC 2007, but has initiated 6(b) rulemaking. Legal Authority: 553; 5 USC 610 29 USC 655(b); 29 Evidence from NIOSH and other USC 657 Abstract: OSHA will undertake a sources indicated that employee Abstract: In 1999 and 2001, OSHA was review of the Methylene Chloride exposure to diacetyl and food petitioned to issue an emergency Standard (29 CFR 1910.1052) in flavorings containing diacetyl is temporary standard by the Paper accordance with the requirements of associated with bronchiolitis obliterans, Allied-Industrial, Chemical, and Energy the Regulatory Flexibility Act and a debilitating and potentially fatal Workers Union, Public Citizen Health section 5 of Executive Order 12866. disease of the small airways in the Research Group, and others. The The review will consider the continued lung. Severe obstructive airway disease Agency denied the petitions but stated need for the rule; whether the rule has been observed in the microwave its intent to begin data gathering to overlaps, duplicates, or conflicts with popcorn industry and in food flavoring collect needed information on other Federal, State, or local manufacturing plants. Experimental beryllium’s toxicity, risks, and patterns regulations; and the degree to which evidence has shown that inhalation of usage. technology, economic conditions, or exposure to artificial butter flavoring other factors may have changed since vapors and diacetyl damaged tissue On November 26, 2002, OSHA the rule was evaluated. published a Request for Information lining, the nose, and airways of rats (RFI) (67 FR 70707) to solicit Timetable: and mice. OSHA published an Advanced Notice of Proposed information pertinent to occupational Action Date FR Cite exposure to beryllium including: Rulemaking (ANPRM) on January 21, Begin Review 12/01/06 Current exposures to beryllium; the 2009, but withdrew the ANPRM on Request for 07/10/07 72 FR 37501 March 17, 2009, in order to facilitate relationship between exposure to Comments beryllium and the development of timely development of a standard. Comment Period End 10/09/07 Timetable: adverse health effects; exposure Reopen Comment 01/08/08 73 FR 1299 assessment and monitoring methods; Period Action Date FR Cite exposure control methods; and medical Comment Period End 03/10/08 Stakeholder Meeting 10/17/07 72 FR 54619 surveillance. In addition, the Agency End Review 09/00/09 conducted field surveys of selected ANPRM 01/21/09 74 FR 3937 work sites to assess current exposures Regulatory Flexibility Analysis ANPRM Withdrawn 03/17/09 74 FR 11329 and control methods being used to Required: No ANPRM Comment 04/21/09 Period End Agency Contact: reduce employee exposures to John Smith, Complete SBREFA 07/00/09 beryllium. OSHA convened a Small Directorate of Evaluation and Analysis, Report Business Advocacy Review Panel under Department of Labor, Occupational the Small Business Regulatory Safety and Health Administration, 200 Regulatory Flexibility Analysis Enforcement Fairness Act (SBREFA) Constitution Avenue NW., FP Building, Required: Yes and completed the SBREFA Report in Room N–3641, Washington, DC 20210 Agency Contact: Dorothy Dougherty, January 2008. Phone: 202 693–2400 Director, Directorate of Standards and
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DOL—OSHA Prerule Stage
Guidance, Department of Labor, Avenue NW., FP Building, Room Fax: 202 693–1678 Occupational Safety and Health N–3718, Washington, DC 20210 Email: [email protected] Administration, 200 Constitution Phone: 202 693–1950 RIN: 1218–AC33
Department of Labor (DOL) Proposed Rule Stage Occupational Safety and Health Administration (OSHA)
240. CONFINED SPACES IN for power line workers is about 50 Regulatory Flexibility Analysis CONSTRUCTION deaths per 100,000 employees. The Required: Yes Legal Authority: 29 USC 655(b); 40 construction industry standard Agency Contact: Dorothy Dougherty, USC 333 addressing the safety of these workers Director, Directorate of Standards and during the construction of electric Abstract: In January 1993, OSHA Guidance, Department of Labor, power transmission and distribution Occupational Safety and Health issued a general industry rule to protect lines is over 35 years old. OSHA has employees who enter confined spaces Administration, 200 Constitution developed a revision of this standard Avenue NW., FP Building, Room (29 CFR 1910.146). This standard does that will prevent many of these not apply to the construction industry N–3718, Washington, DC 20210 fatalities, add flexibility to the Phone: 202 693–1950 because of differences in the nature of standard, and update and streamline the worksite in the construction Fax: 202 693–1678 the standard. OSHA also intends to Email: [email protected] industry. In discussions with the amend the corresponding standard for United Steel Workers of America on a general industry so that requirements RIN: 1218–AB67 settlement agreement for the general for work performed during the industry standard, OSHA agreed to maintenance of electric power 242. CRANES AND DERRICKS IN issue a proposed rule to extend transmission and distribution CONSTRUCTION confined-space protection to installations are the same as those for Legal Authority: construction workers appropriate to similar work in construction. In 29 USC 651(b); 29 their work environment. addition, OSHA will be revising a few USC 655(b); 40 USC 333 Timetable: miscellaneous general industry Abstract: A number of industry requirements primarily affecting stakeholders asked OSHA to update the Action Date FR Cite electric transmission and distribution cranes and derricks portion of subpart SBREFA Panel Report 11/24/03 work, including provisions on electrical N (29 CFR 1926.550), specifically NPRM 11/28/07 72 FR 67351 protective equipment and foot requesting that negotiated rulemaking NPRM Comment 01/28/08 protection. This rulemaking also be used. Period End addresses fall protection in aerial lifts In 2002, OSHA published a notice of NPRM Comment 02/28/08 73 FR 3893 for work on power generation, intent to establish a negotiated Period Extended transmission, and distribution rulemaking committee. A year later, in Public Hearing 07/22/08 installations. OSHA published an 2003, committee members were Close Record 10/23/08 NPRM on June 15, 2005. A public announced and the Cranes and Derricks Analyze Comments 10/00/09 hearing was held March 6 to 14, 2006. Negotiated Rulemaking Committee was Regulatory Flexibility Analysis OSHA reopened the record to gather established and held its first meeting. Required: Yes additional information on minimum In July 2004, the committee reached approach distances. Agency Contact: Noah Connell, Deputy consensus on all issues resulting in a Director, Directorate of Construction, Timetable: final consensus document. Department of Labor, Occupational Action Date FR Cite Timetable: Safety and Health Administration, 200 SBREFA Report 06/30/03 Action Date FR Cite Constitution Avenue NW., FP Building, NPRM 06/15/05 70 FR 34821 Room N–3468, Washington, DC 20210 Notice of Intent To 07/16/02 67 FR 46612 NPRM Comment 10/13/05 Establish Phone: 202 693–2020 Period End Fax: 202 693–1689 Negotiated Comment Period 10/12/05 70 FR 59290 Rulemaking RIN: 1218–AB47 Extended to Comment Period End 09/16/02 01/11/2006 Request for 02/27/03 68 FR 9036 Public Hearing To Be 10/12/05 70 FR 59290 241. ELECTRIC POWER Comments on Held 03/06/2006 Proposed TRANSMISSION AND DISTRIBUTION; Post–Hearing 07/14/06 Committee ELECTRICAL PROTECTIVE Comment Period Members EQUIPMENT End Request for 03/31/03 68 FR 9036 Reopen Record 10/22/08 73 FR 62942 Legal Authority: 29 USC 655(b); 40 Comments Period Comment Period End 11/21/08 USC 333 End Close Record 11/21/08 Established 06/12/03 68 FR 35172 Abstract: Electrical hazards are a major Second Reopening 06/00/09 Negotiated cause of occupational death in the Record Rulemaking United States. The annual fatality rate Comment Period End 09/00/09 Committee
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DOL—OSHA Proposed Rule Stage
Action Date FR Cite Action Date FR Cite Agency Contact: Noah Connell, Deputy Director, Directorate of Construction, Rulemaking 07/30/04 NPRM Comment 01/22/09 Department of Labor, Occupational Negotiations Period End Safety and Health Administration, 200 Completed Public Hearing 03/20/09 Constitution Avenue NW., FP Building, SBREFA Report 10/17/06 Close Record 06/00/09 Room N–3468, Washington, DC 20210 NPRM 10/09/08 73 FR 59714 Phone: 202 693–2020 Regulatory Flexibility Analysis NPRM Comment 12/02/08 73 FR 73197 Fax: 202 693–1689 Period Extended Required: Yes RIN: 1218–AC01
Department of Labor (DOL) Long-Term Actions Occupational Safety and Health Administration (OSHA)
243. BLOODBORNE PATHOGENS (610 overlaps, duplicates or conflicts with Department of Labor, Occupational REVIEW) (SECTION 610 REVIEW) other Federal, State or local regulations, Safety and Health Administration, 200 Legal Authority: 29 USC 655(b); 5 USC and the degree to which technology, Constitution Avenue NW., FP Building, 533; 5 USC 610 economic conditions or other factors Room N–3641, Washington, DC 20210 may have changed since the rule was Phone: 202 693–2400 Abstract: OSHA will undertake a evaluated. Fax: 202 693–1641 review of the Bloodborne Pathogen Standard (29 CFR 1910.1030) in Timetable: Next Action Undetermined Email: [email protected] accordance with the requirements of Regulatory Flexibility Analysis RIN: 1218–AC34 the Regulatory Flexibility Act and Required: No [FR Doc. E9–10272 Filed 05–08–09; 8:45 am] section 5 of Executive Order 12866. Agency Contact: John Smith, BILLING CODE 4510–23–S The review will consider the continued Directorate of Evaluation and Analysis, need for rule, whether the rule
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Part XI
Department of Transportation Semiannual Regulatory Agenda
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DEPARTMENT OF TRANSPORTATION (DOT)
DEPARTMENT OF TRANSPORTATION Background complete Unified Agenda is available Significant/Priority Rulemakings online at www.reginfo.gov, in a format Office of the Secretary Explanation of Information on the that offers users a greatly enhanced ability to obtain information from the 14 CFR Chs. I-III Agenda Request for Comments Agenda database. 23 CFR Chs. I-III Purpose Because publication in the Federal Appendix A-Instructions for Obtaining Register is mandated for the regulatory 33 CFR Chs. I and IV Copies of Regulatory Documents flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. Appendix B-General Rulemaking Contact 46 CFR Chs. I-III Persons 602), DOT’s printed agenda entries include only: Appendix C-Public Rulemaking Dockets 48 CFR Ch. 12 Appendix D-Review Plans for Section 1. The Agency’s agenda preamble; 49 CFR Subtitle A, Chs. I-VI and Chs. 610 and Other Requirements Agenda 2. Rules that are in the Agency’s X-XII SUPPLEMENTARY INFORMATION: regulatory flexibility agenda, in accordance with the Regulatory OST Docket 99-5129 Background Flexibility Act, because they are likely Improvement of our regulations is a to have a significant economic impact Department Regulatory Agenda; prime goal of the Department of on a substantial number of small Semiannual Summary Transportation (Department or DOT). entities; and AGENCY: Office of the Secretary, DOT. There should be no more regulations 3. Any rules that the Agency has identified for periodic review under ACTION: Semiannual regulatory agenda. than necessary, and those that are issued should be simpler, more section 610 of the Regulatory comprehensible, and less burdensome. Flexibility Act. SUMMARY: The regulatory agenda is a Regulations should not be issued Printing of these entries is limited to semiannual summary of all current and without appropriate involvement of the fields that contain information required projected rulemakings, reviews of public; once issued, they should be by the Regulatory Flexibility Act’s existing regulations, and completed periodically reviewed and revised, as Agenda requirements. These elements actions of the Department. The agenda needed, to assure that they continue to are: Sequence Number; Title; Section provides the public with information meet the needs for which they originally 610 Review, if applicable; Legal about the Department of were designed. To view additional Authority; Abstract; Timetable; Transportation’s regulatory activity. It is information about the Department of Regulatory Flexibility Analysis expected that this information will Transportation’s regulatory activities Required; Agency Contact; and enable the public to be more aware of online, go to http://regs.dot.gov. Regulation Identifier Number (RIN). and allow it to more effectively To help the Department achieve these Additional information (for detailed list participate in the Department’s see section heading ‘‘Explanation of regulatory activity. The public is also goals and in accordance with Executive Order 12866 ‘‘Regulatory Planning and Information on the Agenda’’) on these invited to submit comments on any entries is available in the Unified aspect of this agenda. Review’’ (58 FR 51735; October 4, 1993) and the Department’s Regulatory Agenda published on the Internet. FOR FURTHER INFORMATION CONTACT: Policies and Procedures (44 FR 11034; Significant/Priority Rulemakings General February 26, 1979), the Department prepares a semiannual regulatory The agenda covers all rules and You should direct all comments and agenda. It summarizes all current and regulations of the Department. We have inquiries on the agenda in general to projected rulemaking, reviews of classified rules as a DOT agency priority Neil R. Eisner, Assistant General existing regulations, and completed in the agenda if they are, essentially, Counsel for Regulation and actions of the Department. These are very costly, controversial, or of Enforcement, Department of matters on which action has begun or is substantial public interest under our Transportation, 1200 New Jersey projected during the succeeding 12 Regulatory Policies and Procedures. All Avenue SE., Washington, DC 20590, months or such longer period as may be DOT agency priority rulemaking (202) 366-4723. anticipated or for which action has been documents are subject to review by the Specific completed since the last agenda. Secretary of Transportation. If the Office of Management and Budget (OMB) You should direct all comments and The agendas are based on reports decides a rule is subject to its review inquiries on particular items in the submitted by the offices initiating the under Executive Order 12866, we have agenda to the individual listed for the rulemaking and are reviewed by the classified it as significant in the agenda. regulation or the general rulemaking Department Regulations Council. The contact person for the operating Department’s last agenda was published Explanation of Information on the administration in Appendix B. in the Federal Register on November 24, Agenda Individuals who use a 2008 (73 FR 71402). The next one is The format for this agenda is required telecommunications device for the deaf scheduled for publication in the Federal by a spring 2009 memorandum from the (TDD) may call (202) 755-7687. Register in October 2009. Office of Management and Budget. Table of Contents The Internet is the basic means for First, the agenda is divided by Supplementary Information: disseminating the Unified Agenda. The initiating offices. Then, the agenda is
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divided into five categories: (1) Prerule decision to issue a document; it is the ensure ‘‘meaningful and timely input by stage, (2) proposed rule stage, (3) final earliest date on which we expect to State and local officials in the rule stage, (4) long-term actions, and (5) make a decision on whether to issue it. development of regulatory policies that completed actions. For each entry, the In addition, these dates are based on have federalism implications.’’ ‘‘Policies agenda provides the following current schedules. Information received that have federalism implications’’ are information: (1) Its ‘‘significance’’; (2) a subsequent to the issuance of this defined in the Executive order to short descriptive title; (3) its legal basis; agenda could result in a decision not to include regulations that have substantial (4) the related regulatory citation in the take regulatory action or in changes to direct effects on the States, on the Code of Federal Regulations; (5) any proposed publication dates. For relationship between the National legal deadline and, if so, for what action example, the need for further evaluation Government and the States, or on the (e.g., NPRM, final rule); (6) an abstract; could result in a later publication date; distribution of power and (7) a timetable, including the earliest evidence of a greater need for the responsibilities among the various expected date for a decision on whether regulation could result in an earlier levels of government. Therefore, we to take the action; (8) whether the publication date. encourage State and local governments rulemaking will affect small entities Finally, a dot (•) preceding an entry to provide us with information about and/or levels of government and, if so, indicates that the entry appears in the how the Department’s rulemakings which categories; (9) whether a impact them. Regulatory Flexibility Act (RFA) agenda for the first time. analysis is required (for rules that would Request for Comments Purpose have a significant economic impact on General The Department is publishing this a substantial number of small entities); regulatory agenda in the Federal (10) a listing of any analyses an office Our agenda is intended primarily for Register to share with interested will prepare or has prepared for the the use of the public. Since its members of the public the Department’s action (With minor exceptions, DOT inception, we have made modifications preliminary expectations regarding its requires an economic analysis for all its and refinements that we believe provide future regulatory actions. This should rulemakings.); (11) an agency contact the public with more helpful enable the public to be more aware of office or official who can provide information, as well as make the agenda the Department’s regulatory activity and further information; (12) a Regulation easier to use. We would like you, the should result in more effective public Identifier Number (RIN) assigned to public, to make suggestions or participation. This publication in the identify an individual rulemaking in the comments on how the agenda could be Federal Register does not impose any agenda and facilitate tracing further further improved. binding obligation on the Department or action on the issue; (13) whether the Reviews any of the offices within the Department action is subject to the Unfunded with regard to any specific item on the Mandates Reform Act; (14) whether the We also seek your suggestions on which of our existing regulations you agenda. Regulatory action, in addition to action is subject to the Energy Act; and the items listed, is not precluded. (15) whether the action is major under believe need to be reviewed to the congressional review provisions of determine whether they should be Dated: March 25, 2009. the Small Business Regulatory revised or revoked. We particularly Ray LaHood, draw your attention to the Department’s Enforcement Fairness Act. If there is Secretary of Transportation. information that does not fit in the other review plan in Appendix D. Appendix A—Instructions for categories, it will be included under a Regulatory Flexibility Act Obtaining Copies of Regulatory separate heading entitled ‘‘Additional The Department is especially Documents Information.’’ interested in obtaining information on To obtain a copy of a specific For nonsignificant regulations issued requirements that have a ‘‘significant regulatory document in the agenda, you routinely and frequently as a part of an economic impact on a substantial should communicate directly with the established body of technical number of small entities’’ and, therefore, contact person listed with the regulation requirements (such as the Federal must be reviewed under the Regulatory at the address below. We note that most Aviation Administration’s Airspace Flexibility Act. If you have any if not all such documents, including the Rules), to keep those requirements suggested regulations, please submit semiannual agenda, are available operationally current, we only include them to us, along with your explanation through the Internet at the general category of the regulations, of why they should be reviewed. the identity of a contact office or http://www.regulations.gov. See In accordance with the Regulatory official, and an indication of the Appendix C for more information. Flexibility Act, comments are expected number of regulations; we do Federal Highway Administration not list individual regulations. specifically invited on regulations that we have targeted for review under (FHWA) In the ‘‘Timetable’’ column, we use section 610 of the Act. The phrase (Name of contact person), Federal abbreviations to indicate the particular (Section 610 Review) appears at the end Highway Administration, 1200 New documents being considered. ANPRM of the title for these reviews. Please see Jersey Avenue SE., Washington, DC stands for Advance Notice of Proposed Appendix D for the Department’s 20590. Rulemaking, SNPRM for Supplemental section 610 review plans. Notice of Proposed Rulemaking, and Federal Motor Carrier Safety NPRM for Notice of Proposed Federalism Administration (FMCSA) Rulemaking. Listing a future date in this Executive Order 13132 requires us to LaKisha Pearson, Federal Motor column does not mean we have made a develop an accountable process to Carrier Safety Administration, 1200
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New Jersey Avenue SE., Washington, Office of the Secretary (OST) OST - Neil Eisner, Office of DC 20590. To obtain a copy of a specific Regulation and Enforcement, 1200 New Jersey Avenue SE., Washington, DC Federal Railroad Administration (FRA) regulatory document or to receive future copies of the Department’s regulatory 20590; telephone (202) 366-4723. Michelle Silva, Docket Clerk, Federal agenda write to: Assistant General Appendix C—Public Rulemaking Railroad Administration, 1200 New Counsel for Regulation and Dockets Jersey Avenue SE., Room W31-109, Enforcement, C-50, Office of the General All comments via the Internet are Washington, DC 20590; telephone (202) Counsel, Department of Transportation, 493-6030. submitted through the Federal Docket 1200 New Jersey Avenue SE., Management System (FDMS) at the National Highway Traffic Safety Washington, DC 20590, (202) 366-4723. following address: http://www. Administration (NHTSA) Appendix B—General Rulemaking regulations.gov. The FDMS allows the (Name of contact person), National Contact Persons public to search, view, download, and Highway Traffic Safety Administration, The following is a list of persons who comment on all Federal agency 1200 New Jersey Avenue SE., can be contacted within the Department rulemaking documents in one central Washington, DC 20590. for general information concerning the online system. The above referenced Internet address also allows the public Federal Transit Administration (FTA) rulemaking process within the various operating administrations. to sign up to receive notification when (Name of contact person), Federal certain documents are placed in the FAA - Rebecca MacPherson, Office of Transit Administration, 1200 New dockets. Chief Counsel, Regulations and Jersey Avenue SE., Washington, DC Enforcement Division, 800 The public also may review regulatory 20590. Independence Avenue SW., Room dockets at, or deliver comments on Saint Lawrence Seaway Development 915A, Washington, DC 20591; telephone proposed rulemakings to, the Dockets Corporation (SLSDC) (202) 267-3073. Office at 1200 New Jersey Avenue SE., Room W12-140, Washington, DC 20590, FHWA - Jennifer Outhouse, Office of (Name of contact person), Saint 1-800-647-5527. Working Hours: 9-5. Lawrence Seaway Development Chief Counsel, 1200 New Jersey Avenue Corporation, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone Appendix D—Review Plans for Section SE., Washington, DC 20590. (202) 366-0761. 610 and Other Requirements Pipeline and Hazardous Materials FMCSA - Steven J. LaFreviere, Part I—The Plan Safety Administration (PHMSA) Regulatory Ombudsman, 1200 New General Jersey Avenue SE., Washington, DC The Department of Transportation has (Name of contact person), Pipeline 20590; telephone (202) 366-0596. and Hazardous Materials Safety long recognized the importance of Administration (PHMSA), 1200 New NHTSA - Steve Wood, Office of Chief regularly reviewing its existing Jersey Avenue SE., Washington, DC Counsel, 1200 New Jersey Avenue SE., regulations to determine whether they 20590. Washington, DC 20590; telephone (202) need to be revised or revoked. Our 1979 366-2992. Regulatory Policies and Procedures Maritime Administration (MARAD) FRA - Kathryn Shelton, Office of require such reviews. We also have Kimberly Lewis, Maritime Chief Counsel, 1200 New Jersey Avenue responsibilities under Executive Order Administration, 1200 New Jersey SE., Room W31-214, Washington, DC 12866 ‘‘Regulatory Planning and Avenue SE., Washington, DC 20590, 20590; telephone (202) 493-6063. Review’’ and section 610 of the (202) 366-5158. FTA - Linda Lasley, Office of Chief Regulatory Flexibility Act to conduct The Research and Innovative Counsel, 1200 New Jersey Avenue SE., such reviews. This includes the use of Technology Administration (RITA) Room E56-202, Washington, DC 20590; plain language techniques in new rules telephone (202) 366-4063. and considering its use in existing rules (Name of contact person), The when we have the opportunity and Research and Innovative Technology SLSDC - Carrie Mann Lavigne, Chief resources permit its use. We are Administration (RITA),1200 New Jersey Counsel, 1200 New Jersey Avenue SE., committed to continuing our reviews of Avenue SE., Washington, DC 20590. Washington, DC 20590; telephone (202) existing rules and, if needed, will 366-0091. Federal Aviation Administration (FAA) initiate rulemaking actions based on PHMSA - Patricia Burke, Office of these reviews. To obtain a copy of a specific Federal Chief Counsel, 1200 New Jersey Avenue Section 610 Review Plan Aviation Administration (FAA) SE., Washington, DC 20590; telephone regulatory document in the agenda, you (202) 366-4400. Section 610 requires that we conduct should communicate directly with the reviews of rules that (1) have been contact person listed with the regulation MARAD - Christine Gurland, Office of published within the last 10 years and at the address or telephone number Chief Counsel, Maritime (2) have a ‘‘significant economic impact listed; access the FAA’s Regulations and Administration, 1200 New Jersey on a substantial number of small Policies web page at http://www.faa. Avenue SE., Washington, DC 20590; entities’’ (SEIOSNOSE). It also requires gov/regulationslpolicies/; call (202) telephone (202) 366-5157. that we publish in the Federal Register 267-9680; or write to us at Federal RITA - Robert Monniere, Office of each year a list of any such rules that Aviation Administration, Office of Chief Counsel, 1200 New Jersey Avenue we will review during the next year. Rulemaking, ARM-1, 800 Independence SE., Washington, DC 20590; telephone The Office of the Secretary and each of Avenue SW., Washington, DC 20591. (202) 366-5498. the Department’s Operating
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Administrations have a 10-year review Section 610 Review information on the results of the plan. These reviews comply with The Agency will analyze each of the examinations completed during the section 610 of the Regulatory Flexibility rules in a given year’s group to previous year. Act. determine whether any rule has a The FAA, in addition to reviewing its Other Review Plan(s) SEIOSNOSE and, thus, requires review rules in accordance with the Section in accordance with section 610 of the All elements of the Department, 610 Review Plan, has established a Tri- except for the Federal Aviation Regulatory Flexibility Act. The level of analysis will, of course, depend on the annual process to comply with the Administration (FAA), have also elected review requirements of the to use this 10-year plan process to nature of the rule and its applicability. Publication of agencies’ section 610 Department’s Regulatory Policies and comply with the review requirements of Procedures, Executive Order 12866, and the Department’s Regulatory Policies analyses listed each fall in this agenda provides the public with notice and an Plain Language Review Plan. The FAA’s and Procedures and Executive Order latest review notice was published 12866. opportunity to comment consistent with the requirements of the Regulatory November 15, 2007 (72 FR 64170). In Changes to the Review Plan Flexibility Act. We request that public that notice, the FAA requested Some reviews may be conducted comments be submitted to us early in comments from the public to identify earlier than scheduled. For example, to the analysis year concerning the small those regulations currently in effect that the extent resources permit, the plain entity impact of the rules to help us in it should amend, remove, or simplify. language reviews will be conducted making our determinations. The FAA also requested the public more quickly. Other events, such as In each fall agenda, the agency will provide any specific suggestions where accidents, may result in the need to publish the results of the analyses it has rules could be developed as conduct earlier reviews of some rules. completed during the previous year. For performance-based rather than Other factors may also result in the need rules that had a negative finding on prescriptive, and any specific plain- to make changes; for example, we may SEIOSNOSE, we will give a short language that might be used, and make changes in response to public explanation (e.g., ‘‘these rules only provide suggested language on how comment on this plan or in response to establish petition processes that have no those rules should be written. The FAA a Presidentially mandated review. If cost impact’’ or ‘‘these rules do not will review the issues addressed by the there is any change to the review plan, apply to any small entities’’). For parts, commenters against its regulatory we will note the change in the following subparts, or other discrete sections of agenda and rulemaking program efforts agenda. For any section 610 review, we rules that do have a SEIOSNOSE, we and adjust its regulatory priorities will provide the required notice prior to will announce that we will be consistent with its statutory the review. conducting a formal section 610 review responsibilities. At the end of this Part II—The Review Process during the following 12 months. At this process, the FAA will publish a The Analysis stage, we will add an entry to the summary and general disposition of Agenda in the prerulemaking section comments and indicate, where Generally, the agencies have divided describing the review in more detail. We appropriate, how it will adjust its their rules into 10 different groups and also will seek public comment on how regulatory priorities. plan to analyze one group each year. For best to lessen the impact of these rules purposes of these reviews, a year will and provide a name or docket to which Part III— List of Pending Section 610 coincide with the fall-to-fall schedule public comments can be submitted. In Reviews for publication of the agenda. Thus, some cases, the section 610 review may The Agenda identifies the pending Year 1 (2008) begins in the fall of 2008 be part of another unrelated review of DOT Section 610 Reviews by inserting and ends in the fall of 2009; Year 2 the rule. In such a case, we plan to (Section 610 Review) after the title for (2009) begins in the fall of 2009 and clearly indicate which parts of the the specific entry. For further ends in the fall of 2010; and so on. We review are being conducted under request public comment on the timing section 610. information on the pending reviews, see of the reviews. For example, is there a the agenda entries at www.reginfo.gov. reason for scheduling an analysis and Other Reviews For example, to obtain a list of all review for a particular rule earlier than The Agency will also examine the entries that are Section 610 Reviews we have? Any comments concerning the specified rules to determine whether under the Regulatory Flexibility Act, a plan or particular analyses should be any other reasons exist for revising or user would select the desired responses submitted to the regulatory contacts revoking the rule or for rewriting the on the search screen (by selecting listed in Appendix B, General rule in plain language. In each fall advanced search) and, in effect, generate Rulemaking Contact Persons. agenda, the Agency will also publish the desired ‘‘index’’ of reviews. OFFICE OF THE SECRETARY SECTION 610 AND OTHER REVIEWS
Year Regulations To Be Reviewed Analysis Year Review Year
1 49 CFR parts 91 through 99 and 14 CFR parts 200 through 212 ...... 2008 2009 2 48 CFR parts 1201 through 1253, and new parts and subparts ...... 2009 2010 3 14 CFR parts 213 through 232 ...... 2010 2011 4 14 CFR parts 234 through 254 ...... 2011 2012
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OFFICE OF THE SECRETARY (Continued) SECTION 610 AND OTHER REVIEWS
Year Regulations To Be Reviewed Analysis Year Review Year
5 14 CFR parts 255 through 298 and 49 CFR part 40 ...... 2012 2013 6 14 CFR parts 300 through 373 ...... 2013 2014 7 14 CFR parts 374 through 398 ...... 2014 2015 8 14 CFR part 399 and 49 CFR parts 1 through 11 ...... 2015 2016 9 49 CFR parts 17 through 28 ...... 2016 2017 10 49 CFR parts 29 through 39 and parts 41 through 89 ...... 2017 2018
Year 1 (fall 2008) List of rules that will be analyzed during the next year 49 CFR part 91 - International Air Transportation Fair Competitive Practices 49 CFR part 92 - Recovering Debts to the United States by Salary Offset 49 CFR part 93 - Aircraft Allocation 49 CFR part 95 - Advisory Committees 49 CFR part 98 - Enforcement of Restrictions on Post-Employment Activities 49 CFR part 99 - Employee Responsibilities and Conduct 14 CFR part 200 - Definitions and Instructions 14 CFR part 201 - Air carrier authority under subtitle VII of title 49 of The United States Code [Amended] 14 CFR part 203 - Waiver of Warsaw Convention liability limits and defenses 14 CFR part 204 - Data to support fitness determinations 14 CFR part 205 - Aircraft accident liability insurance 14 CFR part 206 - Certificates of public convenience and necessity: Special authorizations and exemptions 14 CFR part 207 - Charter trips by U.S. scheduled air carriers 14 CFR part 208 - Charter trips by U.S. charter air carriers 14 CFR part 211 - Applications for permits to foreign air carriers 14 CFR part 212 - Charter rules for U.S. and foreign direct air carriers FEDERAL AVIATION ADMINISTRATION SECTION 610 REVIEW PLAN
Year Regulations to be Reviewed Analysis Year Review Year
1 14 CFR parts 119 through 129 and parts 150 through 156 ...... 2008 2009 2 14 CFR parts 133 through 139 and parts 157 through 169 ...... 2009 2010 3 14 CFR parts 141 through 147 and parts 170 through 187 ...... 2010 2011 4 14 CFR parts 189 through 198 and parts 1 through 16 ...... 2011 2012 5 14 CFR parts 17 through 33 ...... 2012 2013 6 14 CFR parts 34 through 39 and parts 400 through 405 ...... 2013 2014 7 14 CFR parts 43 through 49 and parts 406 through 415 ...... 2014 2015 8 14 CFR parts 60 through 77 ...... 2015 2016 9 14 CFR parts 91 through 105 ...... 2016 2017 10 14 CFR parts 417 through 460 ...... 2017 2018
The FAA has elected to use the two-step, 2-year process used by most DOT modes in past plans. As such, the FAA has divided its rules into 10 groups as displayed in the table above. During the first year (the ‘‘analysis year’’), all rules published during the previous 10 years within a 10 percent block of the regulations will be analyzed to identify those with a SEIOSNOSE. During the second year (the ‘‘review year’’), each rule identified in the analysis year as having a SEIONOSE will be reviewed in accordance with section 610 (b) to determine if it should be continued without change or changed to minimize impact on small entities. Results of those reviews will be published in the DOT semiannual regulatory agenda. Year 10 (fall 2007) List of rules analyzed and summary of the results 14 CFR part 91 - General Operating and Flight Rules Section 610: The agency has conducted a 610 Review for this part and found three Amendments with SEIOSNOSE. Amendment No. 91-203 Amendment No. 91-203, pursuant to two legislative mandates, established requirements for an aircraft to have an operating transponder (basic transponder or Mode S transponder) with automatic altitude reporting equipment (Mode C transponder) when operating in the vicinity of certain primary airports for which a terminal radar approach control service area had been established and in other airspace at and above 10,000 feet mean sea level. The Airport and Airway Safety and Capacity Expansion Act of 1987 (Pub. L. 100-223, Dec. 30, 1987) required the FAA to issue regulations requiring the use of a transponder with Mode C capability in terminal airspace above a minimum altitude
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to be determined by the FAA. These revisions were intended to reduce the potential for midair collisions between aircraft under the control of air traffic control (ATC) and those that chose to operate without ATC assistance.
Original FAA finding: Initially, the SEIOSNOSE. No changes are needed of compliance to small entities, and still FAA found that this amendment would because these regulations are mandated met the rule’s safety goals. not have a SEIOSNOSE. However, by statute and impose the least burden. Finding of this 5 U.S.C. section 610 during the NPRM phase of this Amendment No. 91-263 analysis and review: Although the FAA rulemaking, the FAA received attempted to reduce the impact on the numerous comments suggesting that the Amendment No. 91-263 required that potentially affected small entities by proposed rules would significantly certain airplanes be equipped with an requiring a substantially less expensive impact small businesses. The FAA FAAapproved terrain awareness and and easier to install TAWS for part 91 received many comments from private warning system (TAWS) (also referred operators, compliance with the airports, state aviation organizations, to as an enhanced ground proximity amendment still imposes a SEIOSNOSE. and private trade associations that warning system). It is an operating rule Therefore, based on this periodic indicated there would be a significant that affects all U.S.-registered turbine- analysis of the current impact of economic impact to private and public powered airplanes with six or more amendment No. 91-263 on small airports, as well as fixed based operators passenger seats (exclusive of pilot and entities, there continues to be a at those airports. Comments from copilot seating). The rule promotes SEIOSNOSE. The benefits justify their businesses engaged in aerial agriculture safety by increasing the warning times costs and the regulations impose the and pest control, as well as aerial and situational awareness of flight least burden while still meeting the advertising, indicated that the proposed crews to decrease the risk of controlled rule’s safety goals. rules would have significant economic flight into terrain accidents. Amendment No. 91-276 (Reduced impact on these businesses also. Original FAA finding: The FAA Vertical Separation Minimum in Therefore, the FAA reconsidered its determined that this amendment would Domestic United States Airspace) finding and agreed that the comments have a SEIOSNOSE. The FAA noted that indicated that there would be a Amendment No. 91-276, Reduced the types of entities potentially affected SEIOSNOSE. Vertical Separation Minimum in by this rule would include Domestic United States Airspace, To mitigate the impact on small manufacturers of transport category expanded Reduced Vertical Separation entities, the FAA considered three airplanes, manufacturers of ground Minimum (RVSM) operations to aircraft alternative approaches to this proximity warning equipment, operating between 29,000 and 41,000 rulemaking: (1) Delay implementation scheduled air carriers, and feet in the airspace of the contiguous 48 for a longer period; (2) establish nonscheduled air carriers. The small States of the United States and the different standards for small entities; entities that operate under part 91 that District of Columbia, Alaska, that and (3) design the airspace to minimize were expected to be impacted by this portion of the Gulf of Mexico where the the impact. The FAA rejected the rule would include corporate, business, FAA provides air traffic services, the second and third approaches because it personal, instruction, aerial application, San Juan Flight Information Region found them to be contrary to the and local governments. The FAA (FIR), and the airspace between Florida legislative mandates, inequitable, and estimated that the fleet of aircraft to and the San Juan FIR. The amendment would result in a diminished safety which the rule would apply would be also required any aircraft that is benefit. The FAA recognized the approximately 6,000 turbojets and 6,000 equipped with TCAS II and flown in economic benefit in delaying the turboprops. The small entities RVSM airspace to incorporate a version implementation of this amendment for a associated with this size fleet of TCAS II software that is compatible longer period of time to allow for an constituted a substantial number and with RVSM operations. The goals of this increase in the supply of the required the cost impact was considered to be amendment were to assist aircraft avionics that should lower the cost of potentially significant. Therefore, the operators to save fuel and time, to this equipment. However, the FAA FAA took measures to mitigate the enhance air traffic control flexibility, stated that the safety need was so great economic impact on small entities. and to enhance airspace capacity. that it was necessary to move forward The FAA made efforts to reduce the Original FAA finding: The FAA with the regulations. Therefore, instead impact on these potentially affected initially determined that this of completely delaying the small entities by requiring a amendment would have a SEIOSNOSE. implementation date, the FAA substantially less expensive and easier The FAA found through analysis that implemented the regulations in two to install TAWS for part 91 operators. approximately 380 small operators phases over a period of 18 months. The FAA determined that there are two would be significantly impacted by this Finding of this 5 U.S.C. section 610 classes of TAWS equipment that can amendment. These small operators were analysis and review: Although the FAA provide the desired level of safety: Class expected to experience some attempted to mitigate the economic A, which includes a terrain situational disadvantages relative to large transport impact on small entities by delaying the awareness display, and Class B, which carriers, such as less flexibility for implementation period, compliance includes only the basic TAWS safety rotating their fleets through the RVSM with the amendment still imposes a features. The FAA allowed part 91 approval process without a disruption SEIOSNOSE. Therefore, based on this operators to achieve the desired safety in service, or suffering a significant fuel periodic analysis of the current impact levels by installing the less expensive penalty by continuing to operate below of amendment No. 91-203 on small Class B TAWS equipment. This 29,000 feet if electing to not upgrade or entities, there continues to be a approach significantly reduced the cost to delay aircraft upgrade plans.
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Therefore, the FAA considered expansion to the full RVSM envelope of have remained such that there is a alternatives to mitigate the economic 29,000 to 41,000 feet. This alternative continued need for the rule as impact on these small entities. was rejected on the basis of simulations implemented. Small entities retain the To reduce this economic impact, the that revealed system safety and airspace option of not upgrading their equipment FAA considered several alternative management were negatively impacted to take advantage of RVSM operations approaches to this rulemaking, when RVSM was applied in any altitude and continuing to operate below 29,000 including not enforcing the rule on band other than 29,000 to 41,000 feet. In feet if they feel this is more to their small entities. Under this scenario, addition, controller workload, the advantage. However, based on this small operators would avoid $285.5 potential for controller error, and periodic analysis of the current impact million in upgrade costs and downtime operational complexity all increased. of amendment No. 91-276, Reduced The FAA rejected this alternative in costs, but safety would be compromised Vertical Separation Minimum in favor of the rule, as well. The FAA as a result of some 2,400 non-approved Domestic United States Airspace, on aircraft operating in the RVSM stratum. concluded that the final rule represented the best balance of costs small entities, there continues to be a Therefore, the FAA rejected this SEIOSNOSE. The FAA concludes that alternative. The FAA also considered a and benefits for airspace users and air traffic providers without a reduction in the final rule represents the best balance phased implementation of RVSM of costs and benefits for airspace users alternative to give small entities greater aviation safety. and air traffic providers without a flexibility. It considered implementation Finding of this 5 U.S.C. section 610 reduction in aviation safety. of RVSM for a smaller band such as analysis and review: Since 33,000 to 37,000 feet with eventual promulgation of this rule, circumstances FEDERAL HIGHWAY ADMINISTRATION SECTION 610 AND OTHER REVIEWS
Year Regulations To Be Reviewed Analysis Year Review Year
1 None ...... 2008 2009 2 23 CFR parts 1 through 260 ...... 2009 2010 3 23 CFR parts 420 through 470 ...... 2010 2011 4 23 CFR part 500 ...... 2011 2012 5 23 CFR parts 620 through 637 ...... 2012 2013 6 23 CFR parts 645 through 669 ...... 2013 2014 7 23 CFR parts 710 through 924 ...... 2014 2015 8 23 CFR parts 940 through 973 ...... 2015 2016 9 23 CFR parts 1200 through 1252 ...... 2016 2017 10 New parts and subparts ...... 2017 2018
Federal-Aid Highway Program The FHWA has adopted regulations in title 23 of the CFR, chapter I, related to the Federal-Aid Highway Program. These regulations implement and carry out the provisions of Federal law relating to the administration of Federal aid for highways. The primary law authorizing Federal aid for highways is chapter I of title 23 of the U.S.C. Section 145 of title 23 expressly provides for a federally assisted State program. For this reason, the regulations adopted by the FHWA in title 23 of the CFR primarily relate to the requirements that States must meet to receive Federal funds for the construction and other work related to highways. Because the regulations in title 23 primarily relate to States, which are not defined as small entities under the Regulatory Flexibility Act, the FHWA believes that its regulations in title 23 do not have a significant economic impact on a substantial number of small entities. The FHWA solicits public comment on this preliminary conclusion. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION SECTION 610 AND OTHER REVIEWS
Year Regulations To Be Reviewed Analysis Year Review Year
1 49 CFR parts 372, subpart A, and 381 ...... 2008 2009 2 49 CFR parts 386, 389, and 395 ...... 2009 2010 3 49 CFR parts 325, 388, 350, and 355 ...... 2010 2011 4 49 CFR parts 380 and 382 to 385 ...... 2011 2012 5 49 CFR parts 390 to 393 and 396 to 399 ...... 2012 2013 6 49 CFR parts 356, 367, 369 to 371, 372, subparts B-C ...... 2013 2014 7 49 CFR parts 373, 374, 376, and 379 ...... 2014 2015 8 49 CFR parts 360, 365, 366, and 368 ...... 2015 2016 9 49 CFR parts 377, 378, and 387 ...... 2016 2017 10 49 CFR parts 303, 375, and new parts and subparts ...... 2017 2018
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Year 1 (fall 2008) List of rules that will be analyzed during the next year 49 CFR part 372, subpart A - Exemptions 49 CFR part 381 - Waivers, exemptions, and pilot programs Year 10 (fall 2007) List of rules analyzed and a summary of results 49 CFR part 375 - Transportation of Household Goods in Interstate Commerce; Consumer Protection regulations • Section 610: An ongoing review of the regulations indicates there is a SEIONOSE. This part applies to small household goods firms that are engaged in interstate operations. • General: The Agency will assess the need for changes once the review of these regulations is complete. FMCSA’s plain language review of these regulations indicates no need for substantial revision. 49 CFR part 395 - Hours of Service of Drivers NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION SECTION 610 AND OTHER REVIEWS
Year Regulations To Be Reviewed Analysis Year Review Year
1 49 CFR 571.223 through 571.500, and parts 575 and 579 ...... 2008 2009 2 23 CFR parts 1200 and 1300 ...... 2009 2010 3 49 CFR parts 501 through 526 and 571.213 ...... 2010 2011 4 49 CFR 571.131, 571.217, 571.220, 571.221, and 571.222 ...... 2011 2012 5 49 CFR 571.101 through 571.110, and 571.135, 571.138 and 571.139 ...... 2012 2013 6 49 CFR parts 529 through 578, except parts 571 and 575 ...... 2013 2014 7 49 CFR 571.111 through 571.129 and parts 580 through 588 ...... 2014 2015 8 49 CFR 571.201 through 571.212 ...... 2015 2016 9 49 CFR 571.214 through 571.219, except 571.217 ...... 2016 2017 10 49 CFR parts 591 through 595 and new parts and subparts ...... 2017 2018
Year 1 (fall 2008) List of rules that will be analyzed during the next year 49 CFR part 571.223 - Standard No. 223; Rear impact guards 49 CFR part 571.224 - Standard No. 224; Rear impact protection 49 CFR part 571.225 - Standard No. 225; Child restraint anchorage systems 49 CFR part 571.301 - Standard No. 301; Fuel system integrity 49 CFR part 571.302 - Standard No. 302; Flammability of interior materials 49 CFR part 571.303 - Standard No. 303; Fuel system integrity of compressed natural gas vehicles 49 CFR part 571.304 - Standard No. 304; Compressed natural gas fuel container integrity 49 CFR part 571.305 - Standard No. 305; Electric-powered vehicles: electrolyte spillage and electrical shock protection 49 CFR part 571.401 - Standard No. 401; Interior trunk release 49 CFR part 571.403 - Standard No. 403; Platform lift systems for motor vehicles 49 CFR part 571.404 - Standard No. 404; Platform lift installations in motor vehicles 49 CFR part 571.500 - Standard No. 500; Low-speed vehicles 49 CFR part 575 - Consumer information 49 CFR part 579 - Reporting of Information And Communications About Potential Defects Plan for Evaluating the Effectiveness of Vehicle and Behavioral Programs, 2008-2012 In addition to reviewing its rules in accordance with the Section 610 Review Plan, NHTSA issued an Evaluation Program Plan, 2008-2012, on August 21, 2008. This document describes the Office of Regulatory Analysis and Evaluation’s ongoing and planned evaluations of existing Federal Motor Vehicle Safety Standards and other vehicle- safety, behavioral-safety and consumer programs. It also summarizes the results of completed program evaluations. On August 29, 2008, NHTSA also issued a notice in the Federal Register (page 51045) inviting public comment on the plan. You may review this plan at http://www-nrd.nhtsa.dot.gov/Pubs/810983.PDF. You may review the Federal Register notice at http://edocket.access.gpo.gov/2008/pdf/E8-20061.pdf or in HTML format at http://edocket.access.gpo.gov/2008/E8-20061.htm. FEDERAL RAILROAD ADMINISTRATION SECTION 610 AND OTHER REVIEWS
Year Regulations To Be Reviewed Analysis Year Review Year
1 49 CFR parts 200 and 201 ...... 2008 2009 2 49 CFR parts 207, 209, 211, 215, 238, and 256 ...... 2009 2010 3 49 CFR parts 210, 212, 214, 217, and 268 ...... 2010 2011 4 49 CFR part 219 ...... 2011 2012 5 49 CFR parts 218, 221, 241, and 244 ...... 2012 2013 6 49 CFR parts 216, 228, and 229 ...... 2013 2014 7 49 CFR parts 223 and 233 ...... 2014 2015
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FEDERAL RAILROAD ADMINISTRATION (Continued) SECTION 610 AND OTHER REVIEWS
Year Regulations To Be Reviewed Analysis Year Review Year
8 49 CFR parts 224, 225, 231, and 234 ...... 2015 2016 9 49 CFR parts 222, 227, 235, 236, 250, 260, and 266 ...... 2016 2017 10 49 CFR parts 213, 220, 230, 232, 239, 240, and 265 ...... 2017 2018
Year 10 (fall 2007) List of rules analyzed and a summary of results 49 CFR part 213 - Track Safety Standards • Section 610: There is a SEIOSNOSE. These are minimum safety requirements for railroad track that is part of the general railroad system of transportation. The FRA will conduct a formal review to identify whether opportunities may exist to reduce the burden on small railroads without compromising safety standards. • Plain Language: FRA’s plain language review of this rule indicates no need for substantial revision. • General: Since the rule prescribes minimum safety requirements for railroad track that is part of the general railroad system of transportation, it will enhance the safety of rail transportation, protecting both those traveling and working on the system and those off the system who might be adversely affected by a rail incident. 49 CFR part 220 - Railroad Communications • Section 610: There is a SEIOSNOSE. These are minimum requirements governing the use of wireless communications in connection with railroad operations. The FRA will conduct a formal review to identify whether opportunities may exist to reduce the burden on small railroads without compromising safety standards. • Plain Language: FRA’s plain language review of this rule indicates no need for substantial revision. • General: Since the rule prescribes minimum requirements governing the use of wireless communications in connection with railroad operations, uniform standard communications procedures and requirements throughout the railroad industry are necessary to ensure the protection and safety of railroad employees and general public, and to minimize the number of casualties. 49 CFR part 230 - Steam Locomotive Inspection and Maintenance Standards • Section 610: There is no SEIOSNOSE. • Plain Language: FRA’s plain language review of this rule indicates no need for substantial revision. • General: Since the rule prescribes minimum Federal safety standards of inspection and maintenance for all steam locomotives operated on railroads, these requirements are necessary to ensure the protection and safety of railroad employees and general public, and to minimize the number of casualties. 49 CFR part 232 - Brake System Safety Standards for Freight and Other Non-Passenger Train and Equipment; End- of-Train Devices • Section 610: There is a SEIOSNOSE. These are minimum Federal safety standards for freight and other non-passenger train track systems and equipment as well as for freight and other non-passenger train brake systems. The FRA will conduct a formal review to identify whether opportunities may exist to reduce the burden on small railroads without compromising safety standards. • Plain Language: FRA’s plain language review of this rule indicates no need for substantial revision. • General: Since the rule prescribes minimum Federal safety standards for freight and other non-passenger train track systems and equipment as well as for freight and other non-passenger train brake systems, it will enhance the safety of rail transportation, protecting both those traveling and working on the system and those off the system who might be adversely affected by a rail incident. 49 CFR part 239 - Passenger Train Emergency Preparedness • Section 610: There is no SEIOSNOSE. • Plain Language: FRA’s plain language review of this rule indicates no need for substantial revision. • General: Since the rule prescribes minimum Federal safety standards for the preparation, adoption and implementation of emergency preparedness plans by railroads, these requirements are necessary to ensure the protection and safety of railroad passengers and employees as well as the general public, and to minimize the number of casualties. 49 CFR part 240 - Qualification and Certification of Locomotive Engineers • Section 610: There is no SEIOSNOSE. • Plain Language: FRA’s plain language review of this rule indicates no need for substantial revision. • General: Since the rule prescribes minimum Federal safety standards and guidelines for the eligibility, training, testing, certification and monitoring of all locomotive engineers, it will ensure and enhance the protection and safety of railroad employees and general public and minimize the number of casualties. 49 CFR part 265 - Nondiscrimination in Federally Assisted Railroad Programs • Section 610: There is no SEIOSNOSE. • Plain Language: FRA’s plain language review of this rule indicates no need for substantial revision. • General: The purpose of the rule is to ensures that no person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, or denied the benefits of, or be subjected to discrimination under, any project, program or activity funded in part through financial assistance under the Railroad Revitalization and Regulatory Reform Act of 1976, or any provision of law amended by the Act.
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Year 1 (fall 2008) List of rule(s) that will be analyzed during next year 49 CFR part 200 - Informal Rules of Practice for Passenger Safety 49 CFR part 201 - Formal Rules of Practice for Passenger Service FEDERAL TRANSIT ADMINISTRATION SECTION 610 AND OTHER REVIEWS
Year Regulations To Be Reviewed Analysis Year Review Year
1 49 CFR parts 604, 605, and 633 ...... 2008 2009 2 49 CFR parts 661 and 665 ...... 2009 2010 3 49 CFR part 633 ...... 2010 2011 4 49 CFR parts 609 and 611 ...... 2011 2012 5 49 CFR parts 613 and 614 ...... 2012 2013 6 49 CFR part 622 ...... 2013 2014 7 49 CFR part 630 ...... 2014 2015 8 49 CFR part 639 ...... 2015 2016 9 49 CFR parts 659 and 663 ...... 2016 2017 10 49 CFR part 665 ...... 2017 2018
Year 10 (fall 2007) List of rules analyzed and summary of results 49 CFR part 624 - Clean Fuels Program • Section 610: The Agency has determined that the rule will not have a significant effect on a substantial number of small entities. This rule imposes no new costs because it merely modifies the application procedures for an existing grant program. • Plain Language: The rule was drafted using plain language techniques. • General: No changes are necessary since the benefits of the rule justify its costs and the regulation imposes the least burden. Year 1 (fall 2008) List of rules that will be analyzed during the next year 49 CFR part 604 - Charter Services 49 CFR part 605 - School Bus Operations 49 CFR part 633 - Project Management Oversight MARITIME ADMINISTRATION SECTION 610 AND OTHER REVIEWS
Year Regulations To Be Reviewed Analysis Year Review Year
1 46 CFR parts 201 through 205 ...... 2008 2009 2 46 CFR parts 221 through 232 ...... 2009 2010 3 46 CFR parts 249 through 296 ...... 2010 2011 4 46 CFR part 298 ...... 2011 2012 5 46 CFR parts 307 through 309 ...... 2012 2013 6 46 CFR part 310 ...... 2013 2014 7 46 CFR parts 315 through 340 ...... 2014 2015 8 46 CFR parts 345 through 381 ...... 2015 2016 9 46 CFR parts 382 through 389 ...... 2016 2017 10 46 CFR parts 390 through 393 ...... 2017 2018
Year 10 (fall 2007) List of rules analyzed and a summary of the results 46 CFR part 390 - Capital Construction Fund • Section 610: No SEIOSNOSE. Some small entities may be affected, but the economic impact on small entities will not be significant. • Plain Language: Where confusing or wordy language has been identified, we will make revisions. • General: No overall revision of the rule is needed at this time; however, technical amendments were made to the rule so that it correctly referenced sections in the United States Code. 46 CFR part 391 - Federal Income Tax Aspects of the Capital Construction Fund • Section 610: No SEIOSNOSE. Some small entities may be affected, but the economic impact on small entities will not be significant. • Plain Language: Where confusing or wordy language has been identified, we will make revisions. • General: No changes are needed. Year 1 (fall 2008) List of rules that will be analyzed during the next year 46 CFR part 201 - Rules of Practice and Procedure 46 CFR part 202 - Procedures Relating to Review by Secretary of Transportation of Actions by Maritime Subsidy Board
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46 CFR part 203 - Procedures Relating to Conduct of Certain Hearings Under the Merchant Marine Act, 1936 46 CFR part 204 - Claims Against the Maritime Administration Under the Federal Tort Claim Act 46 CFR part 205 - Audit Appeals; Policy and Procedure PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA) SECTION 610 AND OTHER REVIEWS
Year Regulations To Be Reviewed Analysis Year Review Year
1 Part 178...... 2008 2009 2 Parts 178, 179, 180 ...... 2009 2010 3 Parts 172 and 175 ...... 2010 2011 4 Sections 171.15 and 171.16 ...... 2011 2012 5 Parts 106, 107, 171, 190, 195 ...... 2012 2013 6 Parts 174, 177, 191, 192 ...... 2013 2014 7 Parts 176, 199 ...... 2014 2015 8 Parts 172, 173, 174, 175, 176, 177, 178 ...... 2015 2016 9 Parts 172, 173, 174, 176, 177, 193 ...... 2016 2017 10 Parts 173, 194 ...... 2017 2018
Year 8 (fall 2005) List of rules analyzed and a summary of the results 49 CFR part 110 - Hazardous Materials Public Sector Training and Planning Grants • Section 610: No SEIOSNOSE. The vast majority of grant applicants are not considered small entities as SBA defines that term. In the past 10 years, only eight entities meeting the small business definition have applied for and received HMEP grants. Further, the grant application process is specifically designed to minimize the burden on all grantees, including those that meet the definition of small entity. • Plain Language: Where confusing or wordy language has been identified, we will make revisions. • General: No changes are necessary since the benefits of the rule justify its costs and the regulation imposes the least burden. 49 CFR part 195 - Transportation of Hazardous Liquids by Pipeline • Section 610: NO SEIOSNOSE. The vast majority of hazardous liquid operators are not small entities as defined by the SBA. • Plain Language: We will make revisions where wordy or confusing language is identified. • General: No changes are necessary since the benefits of the rule justify its costs and the regulation imposes the least burden. Year 1 (fall 2008) List of rules that will be analyzed during the next year 49 CFR part 178 - Specifications for packagings RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION (RITA) SECTION 610 AND OTHER REVIEWS
Year Regulations To Be Reviewed Analysis Year Review Year
1 14 CFR part 241, form 41 ...... 2008 2009 2 14 CFR part 241, schedule T-100, and part 217 ...... 2009 2010 3 14 CFR part 298, 49 CFR 1420 ...... 2010 2011 4 14 CFR part 241, section 19-7 ...... 2011 2012 5 14 CFR part 291 ...... 2012 2013 6 14 CFR part 234 ...... 2013 2014 7 14 CFR part 249 ...... 2014 2015 8 14 CFR part 248 ...... 2015 2016 9 14 CFR part 250 ...... 2016 2017 10 14 CFR part 374a, ICAO ...... 2017 2018
Year 6 (fall 2003) List of rule(s) analyzed and a summary of results 14 CFR part 234 - Airline Service Quality Performance Reports • Section 610: No SEIOSNOSE. • Plain Language: This rule is being reviewed as part of an overall aviation data requirements review and modernization program, which will also take into account the plain language initiative. • General: This rule is being reviewed as part of an overall aviation data requirements review and modernization program. Year 7 (fall 2004) List of rule(s) analyzed and a summary of results 14 CFR part 249 - Preservation of Air Carrier Records • Section 610: No SEIOSNOSE.
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• Plain Language: This rule is being reviewed as part of an overall aviation data requirements review and modernization program, which will also take into account the plain language initiative. • General: This rule is being reviewed as part of an overall aviation data requirements review and modernization program. Year 8 (fall 2005) List of rule(s) analyzed and a summary of results 14 CFR part 248 - Submission of Audit Reports • Section 610: No SEIOSNOSE. • Plain Language: This rule is being reviewed as part of an overall aviation data requirements review and modernization program, which will also take into account the plain language initiative. • General: This rule is being reviewed as part of an overall aviation data requirements review and modernization program. Year 1 (fall 2008) List of rules that will be analyzed during the next year 14 CFR part 241 — Uniform System of Accounts and Reports for Large Certificated Air Carriers, Form 41 SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION SECTION 610 AND OTHER REVIEWS
Year Regulations to be Reviewed Analysis Year Review Year
1 33 CFR parts 401 through 403 ...... 2008 2009
Year 1 (fall 2008) List of Rules that will be analyzed during the next year 33 CFR part 401 - Seaway Regulations and Rules 33 CFR part 402 - Tariff of Tolls 33 CFR part 403 - Rules of Procedure of the Joint Tolls Review Board Federal Aviation Administration—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
244 ŒCommuter Operations in Very Light Jets (VLJs) ...... 2120–AI84 245 ŒQualification, Service, and Use of Crewmembers and Aircraft Dispatchers ...... 2120–AJ00 Œ DOT-designated significant regulation
Federal Aviation Administration—Final Rule Stage
Regulation Sequence Title Identifier Number Number
246 ŒAutomatic Dependent Surveillance—Broadcast (ADS-B) Equipage Mandate To Support Air Traffic Control Serv- ice ...... 2120–AI92 247 ŒProduction and Airworthiness Approvals ...... 2120–AJ44 Œ DOT-designated significant regulation
Federal Aviation Administration—Long-Term Actions
Regulation Sequence Title Identifier Number Number
248 ŒFlight Crewmember Duty Limitations and Rest Requirements ...... 2120–AI93 Œ DOT-designated significant regulation
Federal Aviation Administration—Completed Actions
Regulation Sequence Title Identifier Number Number
249 ŒWashington, DC, Metropolitan Area Special Flight Rules Area ...... 2120–AI17 250 ŒProduction and Airworthiness Approvals ...... 2120–AI78 Œ DOT-designated significant regulation
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Federal Motor Carrier Safety Administration—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
251 ŒUnified Registration System ...... 2126–AA22 Œ DOT-designated significant regulation
Federal Motor Carrier Safety Administration—Final Rule Stage
Regulation Sequence Title Identifier Number Number
252 Interstate Van Operations ...... 2126–AA98 253 ŒCommercial Driver’s License Testing and Commercial Learner’s Permit Standards ...... 2126–AB02 Œ DOT-designated significant regulation
Federal Motor Carrier Safety Administration—Long-Term Actions
Regulation Sequence Title Identifier Number Number
254 ŒSafety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in the United States ...... 2126–AA35 255 ŒNational Registry of Certified Medical Examiners ...... 2126–AA97 Œ DOT-designated significant regulation
Federal Motor Carrier Safety Administration—Completed Actions
Regulation Sequence Title Identifier Number Number
256 ŒNew Entrant Safety Assurance Process ...... 2126–AA59 257 ŒRequirements for Intermodal Equipment Providers and Motor Carriers and Drivers Operating Intermodal Equip- ment ...... 2126–AA86 Œ DOT-designated significant regulation
National Highway Traffic Safety Administration—Final Rule Stage
Regulation Sequence Title Identifier Number Number
258 Early Warning Reporting Information ...... 2127–AK28
Federal Transit Administration—Final Rule Stage
Regulation Sequence Title Identifier Number Number
259 Bus Testing: Phase-In of Brake Performance and Emissions Testing, and Program Updates (Section 610 Re- view) ...... 2132–AA95 260 Buy America; Petition for Rulemaking (Section 610 Review) ...... 2132–AA99
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Federal Transit Administration—Long-Term Actions
Regulation Sequence Title Identifier Number Number
261 School Bus Operations (Section 610 Review) ...... 2132–AB00
Federal Transit Administration—Completed Actions
Regulation Sequence Title Identifier Number Number
262 ŒMajor Capital Investment Projects—New/Small Starts ...... 2132–AA81 Œ DOT-designated significant regulation
Pipeline and Hazardous Materials Safety Administration—Completed Actions
Regulation Sequence Title Identifier Number Number
263 ŒHazardous Materials: Enhancing Rail Transportation Safety and Security for Hazardous Materials Shipments ...... 2137–AE02 Œ DOT-designated significant regulation
Maritime Administration—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
264 ŒCargo Preference—Compromise, Assessment, Mitigation, Settlement and Collection of Civil Penalties ...... 2133–AB75 Œ DOT-designated significant regulation
Department of Transportation (DOT) Proposed Rule Stage Federal Aviation Administration (FAA)
244. ŒCOMMUTER OPERATIONS IN provide commuter service to the Transportation, Federal Aviation VERY LIGHT JETS (VLJS) traveling public, thus accommodating Administration, 800 Independence Legal Authority: 49 USC 106(g); 49 new techonologies and a new Avenue SW, Washington, DC 20591 USC 1155; 49 USC 40103; 49 USC generation of turbojet airplanes that Phone: 202 267–8321 40113; 49 USC 40119; 49 USC 40120; otherwise would not be allowed in part RIN: 2120–AI84 49 USC 44101; 49 USC 44111; 49 USC 135 commuter service. Since 1995, 44701; 49 USC 44705; 49 USC 44709 turbojets used in scheduled operations 245. ŒQUALIFICATION, SERVICE, AND to 44713; 49 USC 44715 to 44717; 49 must operate under the provisions of USE OF CREWMEMBERS AND USC 44722; 49 USC 44901; 49 USC part 121. This current rulemaking AIRCRAFT DISPATCHERS 44903; 49 USC 44912; 49 USC 46105; resulted, in part, from 49 USC 46306; 49 USC 46316; 49 USC recommendations from the Aviation Legal Authority: 49 USC 106(g); 49 46504; 49 USC 46506; 49 USC 47122; Rulemaking Committee for parts 14 USC 40113; 49 USC 40119; 49 USC 49 USC 47508; 49 USC 47528 to 47531; CFR 135/125 and covers pilot crew, 44101; 49 USC 44701 and 44702; 49 49 USC 44702; 49 USC 44904; 49 USC equipment, training, and dispatch USC 44705; 49 USC 44709 to 44711; 46507 requirements for the safe operation of 49 USC 44713; 49 USC 44716 and this new generation airplane. Abstract: This rulemaking would 44717; 49 USC 44722; 49 USC 44901; Timetable: establish a rule to allow passenger- 49 USC 44903 and 44904; 49 USC carrying commuter operations to be Action Date FR Cite 44912; 49 USC 46105 conducted under the provisions of part NPRM 10/00/09 Abstract: This rulemaking would 135 using multiengine turbojets, amend the regulations for crewmember certificated under either part 23 or part Regulatory Flexibility Analysis and dispatcher training programs in 25, configured with 9 or fewer Required: Yes domestic, flag, and supplemental passenger seats. The rulemaking would Agency Contact: Alberta Brown, Air operations. The rulemaking would allow multiengine turbojet operators to Transportation Division, Department of enhance traditional training programs
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by requiring the use of flight simulation Timetable: Regulatory Flexibility Analysis training devices for flight crewmembers Action Date FR Cite Required: Yes and including additional training NPRM 01/12/09 74 FR 1280 Agency Contact: Edward Cook, Flight requirements in areas that are critical Notice of Public 03/12/09 Standards Service, Department of to safety. The rulemaking would also Meeting Transportation, Federal Aviation reorganize and revise the qualification NPRM Comment 04/20/09 74 FR 17910 Administration, Suite 400, 100 and training requirements. The changes Period Extended Hartsfield Centre Parkway, Atlanta, GA are intended to contribute significantly NPRM Comment 05/12/09 30354 to reducing aviation accidents. Period End Phone: 404 832–4700 Extended NPRM 08/10/09 Email: [email protected] Comment Period End RIN: 2120–AJ00
Department of Transportation (DOT) Final Rule Stage Federal Aviation Administration (FAA)
246. ŒAUTOMATIC DEPENDENT Timetable: Abstract: This rulemaking would SURVEILLANCE—BROADCAST Action Date FR Cite amend the certification procedures and (ADS–B) EQUIPAGE MANDATE TO identification requirements for SUPPORT AIR TRAFFIC CONTROL NPRM 10/05/07 72 FR 56947 aeronautical products and articles. SERVICE NPRM Comment 11/19/07 72 FR 64966 These amendments would update and Period End standardize those requirements for Legal Authority: 49 USC 1155; 49 USC NPRM Comment 01/03/08 production approval holders (PAHs), 40103; 49 USC 40113; 49 USC 40120; Period Extended revise export airworthiness approval 49 USC 44101; 49 USC 44111; 49 USC Comment Period End 03/03/08 requirements to facilitate global 44701; 49 USC 44709; 49 USC 44711 Reopened for 10/02/08 73 FR 57270 manufacturing, move all part marking Comments on and 44712; 49 USC 44715 to 44717; 49 ARAC requirements from part 21 to part 45, USC 44722; 49 USC 46306; 49 USC Recommendation and amend the identification 46315 and 46316; 49 USC 46504; 49 Comment Period End 11/03/08 requirements for products and articles. USC 46506; 49 USC 47122; 49 USC Final Action 04/00/10 The intent of these changes is to 47508; 49 USC 47528 to 47531; 49 USC continue to promote safety by ensuring 106(g); Articles 12 and 29 of Regulatory Flexibility Analysis that aircraft, and products and articles 61stat.1180; 49 USC 46507 Required: Yes designed specifically for use in aircraft, wherever manufactured, meet Agency Contact: Abstract: This rulemaking would Vincent Capezzuto, appropriate minimum standards for require Automatic Dependent Terminal Program Operations, design and construction. This Surveillance-Broadcast (ADS-B) Out Department of Transportation, Federal rulemaking was split from RIN 2120- equipment on aircraft to operate in Aviation Administration, 800 AI78. Independence Avenue SW, certain classes of airspace within the Timetable: United States National Airspace Washington, DC 20591 Phone: 202 385–8637 System. The rulemaking is necessary to Action Date FR Cite Email: [email protected] accommodate the expected increase in Final Action 08/00/09 demand for air transportation, as RIN: 2120–AI92 Regulatory Flexibility Analysis described in the Next Generation Air Required: Yes Transportation System Integrated Plan. 247. ∑ ŒPRODUCTION AND The intended effect of this rule is to Agency Contact: Barbara Capron, AIRWORTHINESS APPROVALS provide the Federal Aviation Department of Transportation, Federal Administration with a comprehensive Legal Authority: 42 USC 7572; 49 USC Aviation Administration, 800 surveillance system that accommodates 106(g); 49 USC 40105; 49 USC 40113; Independence Avenue, SW, the anticipated increase in operations 49 USC 44701; 49 USC 44704; 49 USC Washington, DC 20591 and would provide a platform for 44707; 49 USC 44709; 49 USC 44711; Phone: 202 267–3343 additional flight applications and 49 USC 44713; 49 USC 44715; 49 USC Email: [email protected] services. 45303; 49 USC 44702 RIN: 2120–AJ44
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Department of Transportation (DOT) Long-Term Actions Federal Aviation Administration (FAA)
248. ŒFLIGHT CREWMEMBER DUTY rest requirements for flight response to comments received on the LIMITATIONS AND REST crewmembers engaged in air NPRM. REQUIREMENTS transportation. The changes would Timetable: Next Action Undetermined respond to the need to ensure that the Legal Authority: 49 USC 106(g); 49 rules will continue to provide the Regulatory Flexibility Analysis USC 40113; 49 USC 40119; 49 USC minimum level of safety. This Required: Yes 44101; 49 USC 44701 to 44703; 49 USC rulemaking responds to public and 44705; 49 USC 44709 to 44713; 49 USC Agency Contact: Larry Youngblut, congressional interest in regulating 44712 and 44713; 49 USC 44715 to Flight Standards Service, Department of flight crewmember rest requirements, 44717; 49 USC 44722; 49 USC 44901; Transportation, Federal Aviation NTSB Safety Recommendations, 49 USC 44903; 49 USC 44912; 49 USC Administration, 800 Independence petitions for rulemaking, and scientific 44904 Avenue SW, Washington, DC 20951 data. This action is considered Phone: 202 267–9360 Abstract: This rulemaking would significant because of substantial public Email: [email protected] amend the regulations on duty period interest. The FAA is considering limitations, flight time limitations, and proposing additional changes in RIN: 2120–AI93
Department of Transportation (DOT) Completed Actions Federal Aviation Administration (FAA)
249. ŒWASHINGTON, DC, of Transportation, Federal Aviation aircraft parts manufacturing METROPOLITAN AREA SPECIAL Administration, 800 Independence environment. Some of the information FLIGHT RULES AREA Avenue SW, Washington, DC 20591 reported here, under RIN 2120-AI78, Legal Authority: 49 USC 106(g); 49 Phone: 202 267–8783 was inadvertently included. It pertains USC 40103; 49 USC 40106; 49 USC Email: [email protected] to RIN 2120-AJ44. The rulemaking 40109; 49 USC 40113; 49 USC 44502 RIN: 2120–AI17 under RIN 2120-AI78 was published on 11/23/2007 and became effective on Abstract: This rulemaking would 1/14/2008. Rulemaking 2120-AI78 is Œ codify restrictions for certain aircraft 250. PRODUCTION AND complete and will not be on the next operations in the Washington, DC, AIRWORTHINESS APPROVALS report. Metropolitan Area. This action is Legal Authority: 42 USC 7572; 49 USC Timetable: necessary because of the ongoing threat 106(g); 49 USC 40105; 49 USC 40113; of terrorist attacks. The FAA intends 49 USC 44701; 49 USC 44704; 49 USC Action Date FR Cite by this action to help the Department 44707; 49 USC 44709; 49 USC 44711; NPRM 10/05/06 71 FR 58914 of Homeland Security and the 49 USC 44713; 49 USC 44715; 49 USC Department of Defense protect national NPRM Comment 12/20/06 71 FR 76224 45303; 49 USC 44702 Period Extended assets in the National Capital region. Abstract: This rulemaking would NPRM Comment 01/03/07 We are developing the rule in Period End conjunction with the Department of change certification procedures and identification requirements for End of Extended 02/05/07 Defense and Department of Homeland Comment Period Security. aeronautical products and parts. The changes would address standardizing Notice of Availability 02/14/07 72 FR 6968 Timetable: and Request for requirements for production approval comments Action Date FR Cite holders; requiring production approval Comment Period End 04/02/07 holders to issue airworthiness NPRM 08/04/05 70 FR 45250 Final Rule 11/13/07 72 FR 63797 approvals for aircraft engines, Correction 08/24/05 70 FR 49515 Final Rule Effective 01/14/08 propellers, and other aviation parts; NPRM Comment 11/02/05 Period End requiring manufacturers to mark all Regulatory Flexibility Analysis NPRM 11/07/05 70 FR 67388 parts and components; and revising Required: Yes export airworthiness approval End of Extended 02/06/06 Agency Contact: Barbara Capron, requirements to facilitate global Comment Period Department of Transportation, Federal manufacturing. The intent of these Final Rule 12/16/08 73 FR 76195 Aviation Administration, 800 changes is to promote safety by Correction 12/29/08 73 FR 79313 Independence Avenue, SW, ensuring that aircraft, and parts Final Rule Effective 02/17/09 Washington, DC 20591 designed specifically for use in aircraft, Phone: 202 267–3343 Regulatory Flexibility Analysis wherever manufactured, meet Email: [email protected] Required: Yes applicable standards. This action is also Agency Contact: Ellen Crum, Air necessary to update our regulations to RIN: 2120–AI78 Traffic Systems Operations, Department reflect the current global aircraft and BILLING CODE 4910—13—S
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Department of Transportation (DOT) Proposed Rule Stage Federal Motor Carrier Safety Administration (FMCSA)
251. ŒUNIFIED REGISTRATION Department of Transportation. The Regulatory Flexibility Analysis SYSTEM Agency is revising this rulemaking to Required: Yes Legal Authority: PL 104–88; 109 Stat. address amendments directed by SAFETEA-LU. The replacement system Agency Contact: Valerie Height, 803, 888 (1995); 49 USC 13908; PL Management Analyst, Department of 109–159, sec 4304 for the Single State Registration System, which the ICC Termination Act Transportation, Federal Motor Carrier Abstract: This rulemaking would originally directed be merged under Safety Administration, Office of Policy replace three current identification and URS, will be addressed separately. Plans and Regulation (MC–PRR), 1200 registration systems: the US DOT Timetable: New Jersey Avenue SE, Washington, number identification system, the DC 20590 commercial registration system, and the Action Date FR Cite Phone: 202 366–0901 financial responsibility system, with an ANPRM 08/26/96 61 FR 43816 Email: [email protected] online Federal unified registration ANPRM Comment 10/25/96 system. This program would serve as Period End RIN: 2126–AA22 a clearinghouse and depository of NPRM 05/19/05 70 FR 28990 information on, and identification of, NPRM Comment 08/17/05 brokers, freight forwarders, and others Period End required to register with the Supplemental NPRM 03/00/10
Department of Transportation (DOT) Final Rule Stage Federal Motor Carrier Safety Administration (FMCSA)
252. INTERSTATE VAN OPERATIONS Email: [email protected] record. The rule would also establish maximum issuance and renewal Legal Authority: PL 109–59 (2005), sec RIN: 2126–AA98 4136 periods, establish a minimum age limit, address issues related to a driver’s State Abstract: This rulemaking would make 253. ŒCOMMERCIAL DRIVER’S of Domicile, and incorporate previous the requirements concerning driver LICENSE TESTING AND regulatory guidance into the Federal qualifications; driving of CMVs; parts COMMERCIAL LEARNER’S PERMIT regulations. This rule would also and accessories necessary for safe STANDARDS address issues raised in the SAFE Port operations; hours of service; and Act. inspection, repair, and maintenance Legal Authority: PL 109–347, sec 703; applicable to the operation of vehicles 49 USC 31102; PL 105–178, 112 Stat Timetable: designed or used to transport between 414 (1998); PL 99–570, title XII, 100 Action Date FR Cite 9 and 15 passengers (including the Stat 3207 (1086); PL 102–240, sec driver) for direct compensation, in 4007(a)(1), Stat. 1914, 2151; PL 109–59 NPRM 04/09/08 73 FR 19282 interstate commerce, regardless of the (2005), sec 4122; 49 USC 31136 NPRM Comment 06/09/08 73 FR 32520 distance traveled. Currently the safety Period Extended Abstract: regulations apply to such vans when This rulemaking would NPRM Comment 06/09/08 the vehicle is operated beyond a 75 air- establish revisions to the commercial Period End mile radius of the driver’s work driver’s license knowledge and skills Second NPRM 07/09/08 reporting location. This action is in testing standards as required by section Comment Period response to SAFETEA-LU. 4019 of TEA-21, implement fraud End detection and prevention initiatives at Final Action 02/00/10 Timetable: the State driver licensing agencies as Action Date FR Cite required by the SAFE Port Act of 2006, Regulatory Flexibility Analysis Required: Yes Final Action 07/00/09 and establish new minimum Federal standards for States to issue Agency Contact: Robert Redmond, Regulatory Flexibility Analysis commercial learner’s permits (CLPs), Required: Yes Senior Transportation Specialist, based in part on the requirements of Department of Transportation, Federal Agency Contact: Thomas Yager, Driver section 4122 of SAFETEA-LU. In Motor Carrier Safety Administration, and Carrier Operations Division, addition, to ensuring the applicant has 1200 New Jersey Avenue SE, Department of Transportation, Federal the appropriate knowledge and skills to Washington, DC 20590 Motor Carrier Safety Administration, operate a commercial motor vehicle, Phone: 202 366–5014 1200 New Jersey Avenue SE, this rule would establish the minimum Email: [email protected] Washington, DC 20590 information that must be on the CLP Phone: 202 366–4325 document and the electronic driver’s RIN: 2126–AB02
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Department of Transportation (DOT) Long-Term Actions Federal Motor Carrier Safety Administration (FMCSA)
254. ŒSAFETY MONITORING SYSTEM do next on this rulemaking. FMCSA physical qualifications standards; AND COMPLIANCE INITIATIVE FOR originally planned to publish a final provide a database (or National MEXICO–DOMICILED MOTOR rule by November 28, 2003. Registry) of medical examiners that CARRIERS OPERATING IN THE Timetable: meet the prescribed standards for use UNITED STATES by motor carriers, drivers, and Federal Action Date FR Cite Legal Authority: PL 107–87, sec 350; and State enforcement personnel in 49 USC 113; 49 USC 31136; 49 USC NPRM 05/03/01 66 FR 22415 determining whether a medical 31144; 49 USC 31502; 49 USC 504; 49 NPRM Comment 07/02/01 examiner is qualified to conduct USC 5113; 49 USC 521(b)(5)(A) Period End examinations of interstate truck and Interim Final Rule 03/19/02 67 FR 12758 bus drivers; and require medical Abstract: This rule would implement IFR Comment Period 04/18/02 examiners to transmit electronically to a safety monitoring system and End FMCSA the name of the driver and a compliance initiative designed to IFR Effective* 05/03/02 numerical identifier for each driver that evaluate the continuing safety fitness of Notice of Intent To 08/26/03 68 FR 51322 is examined. The rulemaking would all Mexico-domiciled carriers within 18 Prepare an EIS also establish the process by which months after receiving a provisional EIS Public Scoping 10/08/03 68 FR 58162 medical examiners that fail to meet or Certificate of Registration or provisional Meetings maintain the minimum standards authority to operate in the United Next Action Undetermined would be removed from the National States. It also would establish Registry. This action is in response to suspension and revocation procedures Regulatory Flexibility Analysis section 4116 of Safe, Accountable, for provisional Certificates of Required: Yes Flexible, Efficient, Transportation Registration and operating authority, Agency Contact: Dominick Spataro, Equity Act: A Legacy for Users. and incorporate criteria to be used by Chief, CDL Division (MC–ESL), FMCSA in evaluating whether Mexico- Department of Transportation, Federal Timetable: domiciled carriers exercise basic safety Motor Carrier Safety Administration, Action Date FR Cite management controls. The interim rule 1200 New Jersey Avenue SE, included requirements that were not Washington, DC 20590 NPRM 12/01/08 73 FR 73129 proposed in the NPRM but which are Phone: 202 366–2995 NPRM Comment 01/30/09 necessary to comply with the FY-2002 Email: [email protected] Period End DOT Appropriations Act. On January Final Action 04/00/10 RIN: 2126–AA35 16, 2003, the Ninth Circuit Court of Appeals remanded this rule, along with Regulatory Flexibility Analysis Required: two other NAFTA-related rules, to the 255. ŒNATIONAL REGISTRY OF Yes agency, requiring a full environmental CERTIFIED MEDICAL EXAMINERS Agency Contact: Dr. Mary D. Gunnels, impact statement and an analysis Legal Authority: PL 109–59 (2005), sec Director, Office of Medical Programs, required by the Clean Air Act. On June 4116 Department of Transportation, Federal 7, 2004, the Supreme Court reversed Motor Carrier Safety Administration, the Ninth Circuit and remanded the Abstract: This rulemaking would 1200 New Jersey Avenue SE, case, holding that FMCSA is not establish training, testing and Washington, DC 20590 required to prepare the environmental certification standards for medical Phone: 202 366–4001 documents. FMCSA is waiting for examiners responsible for certifying Email: [email protected] Interim Final Rule experience after the that interstate commercial motor border opens before deciding what to vehicle drivers meet established RIN: 2126–AA97
Department of Transportation (DOT) Completed Actions Federal Motor Carrier Safety Administration (FMCSA)
256. ŒNEW ENTRANT SAFETY rule will improve the Agency’s ability unaware of these requirements and ASSURANCE PROCESS to identify at-risk new entrant carriers continue to need our assistance. and will ensure deficiencies in basic Legal Authority: PL 106–159, sec 210; safety management controls are Timetable: 113 Stat 1748 (1999); PL 107–87, sec corrected before the new entrant is Action Date FR Cite 350; 49 USC 31144 granted permanent registration. These Interim Final Rule 05/13/02 67 FR 31978 Abstract: This rule will change the changes will not impose additional (IFR) operational requirements on any new New Entrant Safety Assurance Process IFR Comment Period 07/12/02 by raising the standard of compliance entrant carrier. All new entrants will End for passing the new entrant safety continue to receive educational IFR Effective 01/01/03 audit. It also makes clarifying changes information on how to comply with the NPRM 12/21/06 71 FR 76730 to some of the existing new entrant safety regulations and be given an regulations. The rule also proposes a NPRM Comment 02/20/07 opportunity to correct any deficiencies Period End separate application procedure and found. FMCSA recognizes many new Final Rule 12/16/08 73 FR 76472 safety oversight system for non-North entrants are small businesses that are America-domiciled motor carriers. The Final Rule Effective 02/17/09
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DOT—FMCSA Completed Actions
Regulatory Flexibility Analysis container chassis for transportation in Action Date FR Cite Required: Yes interstate commerce to: file a Motor Carrier Identification Report (Form NPRM Comment 03/21/07 Agency Contact: Stephanie Haller, Period End Enforcement and Compliance Division, MCS-150); display a USDOT identification number on each chassis Comment Period 04/13/07 72 FR 18615 Department of Transportation, Federal Extended Motor Carrier Safety Administration, offered for such transportation; establish a systematic inspection, Extended Comment 05/21/07 1200 New Jersey Avenue SE, Period End Washington, DC 20590 repair, and maintenance program to ensure the safe operating condition of Final Rule 12/17/08 73 FR 76794 Phone: 202 366–0178 Final Rule Effective 06/17/09 Email: [email protected] each chassis offered for transportation and maintain documentation of the Regulatory Flexibility Analysis RIN: 2126–AA59 program; and provide a means for Required: Yes effectively responding to driver and 257. ŒREQUIREMENTS FOR motor carrier complaints about the Agency Contact: Deborah M. Freund, INTERMODAL EQUIPMENT condition of intermodal container Senior Transportation Specialist, PROVIDERS AND MOTOR CARRIERS chassis. The rulemaking is considered Department of Transportation, Federal AND DRIVERS OPERATING significant because of substantial Motor Carrier Safety Administration, INTERMODAL EQUIPMENT industry and congressional interest and 1200 New Jersey Avenue SE, because it involves other departmental Washington, DC 20590 Legal Authority: 49 USC 31136; 49 modes. It is required by SAFETEA-LU. Phone: 202 366–5370 USC 31151; PL 109–59 (2005), sec 4118; 49 USC 31502 Timetable: Email: [email protected] Abstract: This rulemaking would Action Date FR Cite RIN: 2126–AA86 require entities that offer intermodal NPRM 12/21/06 71 FR 76796 BILLING CODE 4910—EX—S
Department of Transportation (DOT) Final Rule Stage National Highway Traffic Safety Administration (NHTSA)
258. EARLY WARNING REPORTING manufacturers and add new Regulatory Flexibility Analysis INFORMATION requirements to maintain the Required: Yes consistency of the EWR data from Legal Authority: 49 USC 30166 Agency Contact: Christina Morgan, quarter to quarter. This rulemaking has Chief, Early Warning Reporting, Abstract: This rulemaking would been downgraded and will not appear Department of Transportation, National amend certain provisions of the early on next month’s report. Highway Traffic Safety Administration, warning reporting (EWR) rule Timetable: 1200 New Jersey Avenue SE, published pursuant to the Washington, DC 20590 Transportation Recall, Enhancement, Action Date FR Cite Phone: 202 366–4238 Accountability and Documentation NPRM 12/05/08 73 FR 74101 Email: [email protected] (TREAD) Act. This rulemaking would NPRM Comment 02/03/09 modify the threshold for submitting Period End RIN: 2127–AK28 quarterly EWR reports for some Final Action 02/00/10 BILLING CODE 4910—59—S
Department of Transportation (DOT) Final Rule Stage Federal Transit Administration (FTA)
259. BUS TESTING: PHASE–IN OF Action Date FR Cite Email: [email protected] BRAKE PERFORMANCE AND RIN: 2132–AA95 EMISSIONS TESTING, AND PROGRAM NPRM Comment 12/01/08 UPDATES (SECTION 610 REVIEW) Period End Final Action 10/00/09 Legal Authority: 49 USC 5318(a) 260. BUY AMERICA; PETITION FOR RULEMAKING (SECTION 610 REVIEW) Abstract: This rulemaking would Regulatory Flexibility Analysis modify the Bus Testing rule to Required: No Legal Authority: 49 USC 5323(j) incorporate tests for brake performance Agency Contact: Richard Wong, Abstract: This rulemaking would and emissions. This rulemaking would Attorney–Advisor, Department of address the treatment of bi-metallic also update and clarify the existing aluminum rail under FTA’s Buy regulation found at 49 CFR 665. Transportation, Federal Transit Administration, 1200 New Jersey America rule. Presently, both running rail (carrying the weight of the train) Timetable: Avenue SE, Washington, DC 20590 and power rail (carrying the electric Action Date FR Cite Phone: 202 366–6067 power supply) are treated alike under NPRM 09/30/08 73 FR 56781 Fax: 202 366–3809 the Buy America regulation, i.e., all rail
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DOT—FTA Final Rule Stage
products must be produced in the requirement, provided that final Regulatory Flexibility Analysis United States, including all assembly takes place in the United Required: No manufacturing processes, except States. Agency Contact: Richard Wong, metallurgical processes involving Timetable: Attorney–Advisor, Department of refinement of steel additives. During its Transportation, Federal Transit recent Buy America rulemaking, FTA Action Date FR Cite Administration, 1200 New Jersey received several requests to classify bi- NPRM 11/24/08 73 FR 70950 Avenue SE, Washington, DC 20590 metallic aluminum rail as ‘‘traction Phone: 202 366–6067 NPRM Comment 01/23/09 power equipment.’’ Such a move would Period End Fax: 202 366–3809 Email: [email protected] subject bi-metallic aluminum rail to a Final Action 06/00/09 60/40% domestic/non-domestic content RIN: 2132–AA99
Department of Transportation (DOT) Long-Term Actions Federal Transit Administration (FTA)
261. SCHOOL BUS OPERATIONS SAFETEA-LU regarding penalties for Agency Contact: Michael Culotten, (SECTION 610 REVIEW) violations of the regulations. This Attorney–Advisor, Department of Legal Authority: 49 USC 5323(f) rulemaking would also clarify the Transportation, Federal Transit existing requirements for differentiating Administration, 1200 New Jersey Abstract: This rulemaking would permissible services from prohibited Avenue SE, Washington, DC 20590 amend the regulations that govern the services to school students and Phone: 202 493–0509 provision of services to school students personnel. and personnel by recipients of Federal Fax: 202 366–3809 Timetable: Next Action Undetermined funds from the Federal Transit RIN: 2132–AB00 Administration for consistency with the Regulatory Flexibility Analysis statutory provisions enacted by Required: No
Department of Transportation (DOT) Completed Actions Federal Transit Administration (FTA)
262. ŒMAJOR CAPITAL INVESTMENT Rule. A Continuing Resolution (Pub. L. Regulatory Flexibility Analysis PROJECTS—NEW/SMALL STARTS 110-329, Division A) continues in effect Required: Yes Legal Authority: PL 109–59, sec 3011 the prohibition of the 2008 Appropriations Act on the issuance of Agency Contact: Christopher VanWyk, Abstract: This rulemaking would a Final Rule. Attorney–Advisor, Department of establish a simplified evaulation Timetable: Transportation, Federal Transit process for projects seeking less than Administration, 1200 New Jersey $75 million in New Starts funds. The Action Date FR Cite Avenue SE, Washington, DC 20590 rule will set out FTA’s evaluation and ANPRM 01/30/06 71 FR 4864 Phone: 202 366–1733 rating process for proposed projects ANPRM Comment 03/10/06 Email: [email protected] based on the results of project Period End justification and local financial NPRM 08/03/07 72 FR 43328 RIN: 2132–AA81 commitment. This action is mandated NPRM Comment 11/01/07 BILLING CODE 4910—57—S by SAFETEA-LU. The 2008 Period End Appropriations Act prohibited a Final Withdrawn 02/17/09 74 FR 7388
Department of Transportation (DOT) Completed Actions Pipeline and Hazardous Materials Safety Administration (PHMSA)
263. ŒHAZARDOUS MATERIALS: requirements on the safe and secure make routing decisions based on those ENHANCING RAIL TRANSPORTATION transportation of hazardous materials assessments; and (3) clarify the current SAFETY AND SECURITY FOR transported in commerce by rail. It may security plan requirements to address HAZARDOUS MATERIALS require rail carriers to (1) compile en route storage and delays in transit. SHIPMENTS annual data on certain shipments of This rulemaking was scheduled to have hazardous materials and use the data Legal Authority: 49 USC 5101 to 5127 a final rule published by 12/24/2007. to analyze safety and security risks Abstract: In consultation with the along rail transportation routes where Federal Railroad Administration (FRA), those materials are transported; (2) PHMSA would revise the current assess alternative routing options and
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DOT—PHMSA Completed Actions
Timetable: Action Date FR Cite Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 Action Date FR Cite Interim Final Rule 06/01/08 New Jersey Avenue SE, Washington, Effective Request for 08/10/04 69 FR 50987 Final Rule 11/26/08 73 FR 72182 DC 20590 Comments Final Rule Effective 12/26/08 Phone: 202 366–8553 Comment Period End 10/18/04 Email: [email protected] NPRM 12/21/06 71 FR 76834 Regulatory Flexibility Analysis NPRM Comment 02/20/07 Required: Yes RIN: 2137–AE02 Period End Agency Contact: Susan Gorsky, Senior BILLING CODE 4910—60—S Interim Final Rule 04/16/08 73 FR 20751 Regulations Specialist, Department of
Department of Transportation (DOT) Proposed Rule Stage Maritime Administration (MARAD)
264. ∑ ŒCARGO PREFERENCE— changes to the cargo preference rules, Agency Contact: Christine Gurland, COMPROMISE, ASSESSMENT, which have not been substantially Department of Transportation, Maritime MITIGATION, SETTLEMENT AND revised since 1971. The rulemaking Administration, 1200 New Jersey COLLECTION OF CIVIL PENALTIES also would include compromise, Avenue SE, Washington, DC 20405 Legal Authority: PL 110–417 assessment, mitigation, settlement, and Phone: 202 366–5157 collection of civil penalties. Email: [email protected] Abstract: This rulemaking would Timetable: establish part 383 of the Cargo RIN: 2133–AB75 Action Date FR Cite Preference regulations. This rulemaking [FR Doc. E9–10277 Filed 05–08–09; 8:45 am] would cover Public Law 110-417, NPRM 04/00/09 section 3511, National Defense BILLING CODE 4910–81–S Authorization Act for FY 2009 statutory Regulatory Flexibility Analysis Required: Yes
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Part XII
Environmental Protection Agency Semiannual Regulatory Agenda
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ENVIRONMENTAL PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION This will continue to be published in http://www.epa.gov/lawsregs/search/ AGENCY the Federal Register because of a ail.html#notification and completing the requirement of the Regulatory five steps listed there. 40 CFR Ch. I Flexibility Act. If you would like to receive a hard [FRL-8770-9] ‘‘Monthly Action Initiation List’’ (AIL) copy of the semiannual agenda about 2 refers to a list that EPA posts online to 3 months after publication, call 800- EPA-HQ-OA-2007-1172 each month of the regulations newly 490-9198 or send an e-mail with your approved for development. name and complete address to: EPA-HQ-OW-2009-0082 ‘‘Unified Regulatory Agenda’’ refers to [email protected] and put Spring 2009 Regulatory Agenda the collection of all agencies’ agendas ‘‘Regulatory Agenda Hard Copy’’ in the with an introduction prepared by the subject line. AGENCY: Environmental Protection Regulatory Information Service Center. Agency. SUPPLEMENTARY INFORMATION: ‘‘Regulatory agenda preamble’’ refers ACTION: Semiannual regulatory to the document you are reading now. Table of Contents flexibility agenda and semiannual It appears as part of EPA’s regulatory A. Map of Regulatory Agenda regulatory agenda. flexibility agenda and introduces both Information the regulatory flexibility agenda and B. What Are EPA’s Regulatory Goals and What Key Principles, Statutes, and SUMMARY: The Environmental Protection EPA’s e-agenda. Executive Orders Guide Our Rule and Agency (EPA) publishes the semiannual FOR FURTHER INFORMATION CONTACT: If Policymaking Process? regulatory agenda online (the e-agenda) you have questions or comments about C. How Can You Be Involved in EPA’s at www.reginfo.gov to update the public a particular action, please get in touch Rule and Policymaking Process? about: with the agency contact listed in each D. What Actions Are Included in the • Regulations and major policies agenda entry. If you have general Regulatory Agenda? currently under development, questions about the semiannual E. How Is the E-Agenda Organized? • Reviews of existing regulations and regulatory agenda please contact: Phil F. What Information Is in the Regulatory major policies, and Schwartz ([email protected]; Flexibility Agenda and the E-Agenda? • Rules and major policymakings 202-564-6564) or Caryn Muellerleile G. How Can I Find Out About completed or canceled since the last ([email protected]; 202-564- Rulemakings That Start Up After the agenda. 2855). Regulatory Agenda Is Signed? Definitions: TO BE PLACED ON AN AGENDA MAILING H. What Tools for Finding More About ‘‘E-agenda,’’ ‘‘online regulatory LIST: If you would like to receive an e- EPA Rules and Policies Are Available agenda,’’ and ‘‘semiannual regulatory mail with a link to new semiannual at EPA.gov, Regulations.gov, and agenda’’ all refer to the same regulatory agendas as soon as they are Reginfo.gov? comprehensive collection of published, please send an e-mail I. Reviews of Rules With Significant information that used to be published in message with your name and address to: Impacts on a Substantial Number of the Federal Register, but which now are [email protected] and put ‘‘E- Small Entities only available through an online Regulatory Agenda: Electronic Copy’’ in J. What Other Special Attention Do We database. the subject line. Give to the Impacts of Rules on Small Businesses, Small Governments, and ‘‘Regulatory Flexibility Agenda’’ If you would like to regularly receive Small Nonprofit Organizations? refers to a document that contains information about the rules newly K. Thank You for Collaborating With Us information about regulations that may approved for development, sign up for have a significant impact on a our monthly Action Initiation List by A. Map of Regulatory Agenda substantial number of small entities. going to Information
Type of Information Online Locations Federal Register Location
Semiannual Regulatory Agenda (The E-Agenda; the online Agenda); wwww.reginfo.gov/, www.regulations.gov, approx. 300 entries, which include the expanded Regulatory Flexi- and http://www.epa.gov/lawsregs/ bility Agenda (approx. 8 entries; 25 data fields/entry) search/regagenda.html Not in FR Semiannual Regulatory Flexibility Agenda (approx. 8 entries; 9 data www.reginfo.gov/, www.regulations.gov, fields/entry) and http://www.epa.gov/lawsregs/ search/regagenda.html Part XII of today’s issue Monthly Action Initiation List http://www.regulations.gov/ fdmspublic/component/main?main= DocketDetail&d=EPA-HQ-OA-2008-0265 and http://www.epa.gov/lawsregs/ search/ail.html Not in FR
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EPA
B. What Are EPA’s Regulatory Goals, Americans, people disproportionately contained in Executive Orders: 12866 and What Key Principles, Statutes, and impacted by pollution, and small (Regulatory Planning and Review; 58 FR Executive Orders Guide Our Rule and businesses, cities, and towns working to 51735; October 4, 1993), 12898 Policymaking Process? meet their environmental (Environmental Justice; 59 FR 7629; In outlining his agenda for the responsibilities. Like all Americans, February 16, 1994), 13045 (Children’s environment, President Obama has they deserve an EPA with an open Health Protection; 62 FR 19885; April articulated three values that he expects mind, a big heart, and a willingness to 23, 1997), 13132 (Federalism; 64 FR EPA to uphold. These values will shape listen. We must also be sensitive to the 43255; August 10, 1999), 13175 everything we do. burdens pollution has placed on (Consultation and Coordination with vulnerable subpopulations, including Indian Tribal Governments; 65 FR Science must be the backbone for children, the elderly, the poor, and all 67249; November 9, 2000), 13211 EPA programs. The public health and others who are at particular risk to (Actions Concerning Regulations That environmental laws that Congress has threats to health and the environment. Significantly Affect Energy Supply, enacted depend on rigorous adherence We must seek their full partnership in Distribution, or Use; 66 FR 28355; May to the best available science. The the greater aim of identifying and 22, 2001). President believes that when EPA eliminating the sources of pollution in C. How Can You Be Involved in EPA’s addresses scientific issues, it should their neighborhoods, schools, and Rule and Policymaking Process? rely on the expert judgment of the homes. Agency’s career scientists and You can make your voice heard by independent advisors. When scientific EPA’s strength has always been our ability to adapt to the constantly getting in touch with the contact person judgments are suppressed, provided in each agenda entry. We urge misrepresented, or distorted by political changing face of environmental protection as our economy and society you to participate as early in the process agendas, Americans can lose faith in as possible. You may also participate by their government to provide strong evolve and science teaches us more about how humans interact with and commenting on proposed rules that we public health and environmental publish in the Federal Register (FR). protection. affect the natural world. Now, more than ever, EPA must be innovative and Information on submitting comments EPA must follow the rule of law. The forward-looking because the to the rulemaking docket is provided in President recognizes that respect for environmental challenges faced by each of our Notices of Proposed congressional mandates and judicial Americans all across our country are Rulemaking (NPRMs), and we always decisions is the hallmark of a principled unprecedented. These challenges are accept comments through the regulatory agency. Under our indeed immense in scale and urgency. regulations.gov e-docket. To be most environmental laws, EPA has room to But, we will meet them. Administrator effective, comments should contain exercise discretion, and Congress has Jackson has put a high priority on information and data that support your often looked to EPA to fill in the details developing an environmental policy position, and you also should explain of general policies. However, EPA needs agenda that significantly improve the why we should incorporate your to exercise policy discretion in good environment, while helping to create suggestion in the rule or nonregulatory faith and in keeping with the directives jobs and make the investment needed to action. You can be particularly helpful of Congress and the courts. When emerge from the current recession. EPA and persuasive if you provide examples Congress has been explicit, EPA cannot is making significant strides in this area to illustrate your concerns and offer misinterpret or ignore the language already as is reflected in this document. specific alternatives. Congress has used. When a court has As EPA makes further decisions We believe our actions will be more determined EPA’s responsibilities under regarding the path forward for existing cost-effective and protective if our our governing statutes, EPA cannot turn and new regulatory activities, we will development process includes a blind eye to the court’s decision or continue to be transparent, letting the stakeholders working with us to identify procrastinate in complying. public know about these decisions the most practical and effective EPA’s actions must be transparent. through various sources such as our solutions to problems, and we stress this Public trust in the Agency demands that Web site and future editions of EPA’s point most strongly in all of our training we reach out to all stakeholders fairly regulatory agenda and regulatory plan. programs for rule and policy developers. and impartially, that we consider the Besides the fundamental views and data presented carefully and Democracy gives real power to environmental laws authorizing EPA individual citizens, but with that power objectively, and that we fully disclose actions such as the Clean Air Act and the information that forms the bases for comes responsibility. We urge you to Clean Water Act, there are legal become involved in EPA’s rule and our decisions. We will carry out the requirements that apply to the issuance work of the Agency in public view so policymaking process. For more of regulations that are generally information about public involvement that the door is open to all interested contained in the Administrative parties and that there is no doubt why in EPA activities, please visit Procedure Act, the Regulatory www.epa.gov/publicinvolvement. we are acting and how we arrived at our Flexibility Act as amended by the Small decisions. Business Regulatory Enforcement D. What Actions Are Included in the E- We must take special pains to connect Fairness Act, the Unfunded Mandates Agenda and the Regulatory Flexibility with those who have been historically Reform Act, the Paperwork Reduction Agenda? underrepresented in EPA Act, the National Technology Transfer EPA includes regulations and certain decisionmaking, including the and Advancement Act, and the major policy documents in the e-agenda. disenfranchised in our cities and rural Congressional Review Act. We also However, there is no legal significance areas, communities of color, native must meet a number of requirements to the omission of an item from the
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EPA
agenda, and we generally do not include Stages of rulemaking include: Regulatory Flexibility Act (RFA) (5 minor amendments or the following U.S.C. 610). categories of actions: 1. Prerulemaking-Prerulemaking actions • are generally intended to determine Priority: Entries are placed into one of Administrative actions such as five categories described below. OMB delegations of authority, changes of whether EPA should initiate rulemaking. Prerulemakings may reviews all significant rules including address, or phone numbers; both of the first two categories, • Under the Clean Air Act: Revisions include anything that influences or leads to rulemaking, such as advance ‘‘economically significant’’ and ‘‘other to State Implementation Plans; significant.’’ Equivalent Methods for Ambient Air notices of proposed rulemaking Quality Monitoring; Deletions from (ANPRMs), significant studies or Economically Significant: Under E.O. the New Source Performance analyses of the possible need for 12866, a rulemaking action that may Standards source categories list; regulatory action, announcement of have an annual effect on the economy Delegations of Authority to States; reviews of existing regulations of $100 million or more or adversely Area Designations for Air Quality required under section 610 of the affect in a material way the economy, a Planning Purposes; Regulatory Flexibility Act, requests sector of the economy, productivity, • Under the Federal Insecticide, for public comment on the need for competition, jobs, the environment, Fungicide, and Rodenticide Act: regulatory action, or important public health or safety, or State, local, Registration-related decisions, actions preregulatory policy proposals. or tribal governments or communities. 2. Proposed Rule-This section includes affecting the status of currently Other Significant: A rulemaking that EPA rulemaking actions that are registered pesticides, and data call- is not economically significant but is within a year of proposal (publication ins; considered significant for other reasons. of Notices of Proposed Rulemakings • Under the Federal Food, Drug, and This category includes rules that may: Cosmetic Act: Actions regarding (NPRMs)). 3. Final Rule-This section includes rules pesticide tolerances and food additive 1. Create a serious inconsistency or that will be issued as a final rule regulations; otherwise interfere with an action within a year. • Under the Resource Conservation and taken or planned by another agency; 4. Long-Term Actions-This section Recovery Act: Authorization of State 2. Materially alter the budgetary impact includes rulemakings for which the solid waste management plans; of entitlements, grants, user fees, or next scheduled regulatory action is hazardous waste delisting petitions; loan programs, or the rights and after April 2010. • Under the Clean Water Act: State obligations of recipients; or 5. Completed Actions-This section Water Quality Standards; deletions 3. Raise novel legal or policy issues contains actions that have been from the section 307(a) list of toxic arising out of legal mandates, the promulgated and published in the pollutants; suspensions of toxic President’s priorities, or the Federal Register since publication of testing requirements under the principles in Executive Order 12866. the fall 2008 agenda. It also includes National Pollutant Discharge actions that we are no longer Substantive, Nonsignificant: A Elimination System (NPDES); considering. If an action appears in rulemaking that has substantive impacts delegations of NPDES authority to the completed section, it will not but is not Significant, Routine and States; appear in future agendas unless we Frequent, or Informational/ • Under the Safe Drinking Water Act: decide to initiate action again, in Administrative/Other. Actions on State underground which case it will appear as a new Routine and Frequent: A rulemaking injection control programs. entry. EPA also announces the results that is a specific case of a recurring The regulatory flexibility agenda of our Regulatory Flexibility Act application of a regulatory program in normally includes: section 610 reviews in this section of the Code of Federal Regulations (e.g., • Actions that are likely to have a the agenda. certain State Implementation Plans, significant economic impact on a F. What Information Is in the National Priority List updates, substantial number of small entities, Regulatory Flexibility Agenda and the Significant New Use Rules, State and E-Agenda? Hazardous Waste Management Program • Any rules that the Agency has actions, and Tolerance Exemptions). If identified for periodic review under Regulatory Flexibility Agenda entries an action that would normally be section 610 of the Regulatory include: classified Routine and Frequent is Flexibility Act. We have one rule Sequence Number, RIN, Title, reviewed by the Office of Management scheduled for 610 review in 2009. Description, Statutory Authority, and Budget under E.O. 12866, then we E. How Is the E-Agenda Organized? Section 610 Review, if applicable, would classify the action as either Regulatory Flexibility Analysis ‘‘Economically Significant’’ or ‘‘Other You can now choose how both the Required, Schedule, Contact Person. Significant.’’ www.reginfo.gov and www.regulations.gov versions of the E- E-Agenda entries include: Informational/Administrative/Other: Agenda are organized. Current choices Title: Titles for new entries (those that An action that is primarily include: EPA subagency; stage of have not appeared in previous agendas) informational or pertains to an action rulemaking, explained below; are preceded by a bullet (•). The outside the scope of E.O. 12866. alphabetically by title; and by the notation ‘‘Section 610 Review’’ follows Also, if we believe that a rule may be Regulation Identifier Number (RIN), the title if we are reviewing the rule as ‘‘Major’’ as defined in the Congressional which is assigned sequentially when an part of our periodic review of existing Review Act (5 U.S.C. 801, et seq.) action is added to the agenda. rules under section 610 of the because it is likely to result in an annual
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effect on the economy of $100 million responsibilities among the various at or more or meets other criteria specified levels of government. http://www.epa.gov/lawsregs/search/ in this law, we indicate this under the Unfunded Mandates: Section 202 of ail.html where you will also find ‘‘Priority’’ heading with the statement the Unfunded Mandates Reform Act information about how to get an e-mail ‘‘Major under 5 U.S.C. 801.’’ generally requires an assessment of notification when a new list is posted. Legal Authority: The sections of the anticipated costs and benefits if a rule H. What Tools for Mining Regulatory United States Code (USC), Public Law includes a mandate that may result in Agenda Data and for Finding More (PL), Executive Order (EO), or common expenditures of more than $100 million About EPA Rules and Policies Are name of the law that authorizes the in any one year by State, local, and Available at Reginfo.gov, EPA.gov, and regulatory action. tribal governments, in the aggregate, or Regulations.gov? by the private sector. If we expect to CFR Citation: The sections of the 1. The Reginfo.gov Searchable Database Code of Federal Regulations that would exceed this $100 million threshold, we be affected by the action. note it in this section. GSA’s Regulatory Information Service Center, which coordinates publication Energy Impacts: Indicates whether the Legal Deadline: An indication of of the Agenda for the Office of action is a significant energy action whether the rule is subject to a statutory Management and Budget, has developed under E.O. 13211. or judicial deadline, the date of that and continues to improve a regulatory deadline, and whether the deadline International Trade Impacts: Indicates agenda database that includes powerful pertains to a Notice of Proposed whether the action is likely to have search, display, and data transmission Rulemaking, a Final Action, or some international trade or investment effects, options. You can: other action. or otherwise be of international interest. • See the preamble. On the Main Abstract: A brief description of the Agency Contact: The name, address, Agenda Page, select Current Agenda problem the action will address. phone number, and e-mail address, if Agency Preambles. • Get a complete list of EPA’s entries. Timetable: The dates (and citations) available, of a person who is On the Main Agenda Page, under that documents for this action were knowledgeable about the regulation. Agency, select Environmental published in the Federal Register and, SAN Number: An identification Protection Agency. where possible, a projected date for the number that EPA uses to track • View the contents of all of EPA’s next step. Projected publication dates rulemakings and other actions under entries. On the Agenda Search Page, frequently change during the course of development. select ‘‘Advanced Search’’; select developing an action. The projections in URLs: For some of our actions we Continue; Select Environmental the agenda are our best estimates as of include the Internet addresses for: Protection Agency and then Continue; the date we submit the agenda for Reading copies of rulemaking Select ‘‘Search.’’ publication. For some entries, the documents; submitting comments on • Get a listing of entries with specified timetable indicates that the date of the proposals; and getting more information characteristics. Follow the procedure next action is ‘‘to be determined.’’ about the rulemaking and the program described immediately above for Regulatory Flexibility Analysis of which it is a part. (Note: To submit viewing the contents of all entries, but Required: Indicates whether EPA has comments on proposals, you can go to on the screen headed ‘‘Advanced prepared or anticipates that it will be our electronic docket, which is at: Search-Select Additional Fields’’ preparing a regulatory flexibility www.regulations.gov. Once there, select the characteristics you are analysis under section 603 or 604 of the follow the online instructions to access seeking before clicking on ‘‘Search.’’ RFA. Generally, such an analysis is the docket and submit comments. A For example, if you wish to see a required for proposed or final rules Docket identification (ID) number will listing of all economically significant subject to the RFA that EPA believes assist in the search for materials. We actions that may have a significant may have a significant economic impact include this number in the additional economic impact on a substantial on a substantial number of small information section of many of the number of small businesses, you entities. agenda entries that have already been would check Economically Small Entities Affected: Indicates proposed.) Significant under Priority and check whether we expect the rule to have any RIN: The Regulation Identifier Business under Regulatory Flexibility effect on small businesses, small Number is used by OMB to identify and Analysis required. • governments, or small nonprofit track rulemakings. The first four digits Download the results of your organizations. of the RIN stand for the EPA office with searches in XML format. Government Levels Affected: Indicates lead responsibility for developing the 2. Subject Matter EPA Web sites action. whether we expect the rule to have any Some of the actions listed in the effect on levels of government and, if so, G. How Can I Find Out About agenda include a URL that provides whether the governments are State, Rulemakings That Start Up After the additional information. local, tribal, or Federal. Regulatory Agenda Is Signed? Federalism Implications: Indicates EPA posts monthly updates of the 3. Listservers whether the action is expected to have rulemakings that the Agency’s senior If you want to get automatic e-mails substantial direct effects on the States, managers have decided that we should about areas of particular interest, on the relationship between the work on. We also distribute this list via including notifications, when an action National Government and the States, or e-mail. You can see the current list, is published in the Federal Register, we on the distribution of power and which we call the Action Initiation List, maintain 12 listservers including:
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a. Air 4. Public Dockets the Paperwork Reduction Act, and other b. Water When EPA publishes either an non-rule activities. If there is a docket c. Wastes and emergency response Advanced Notice of Proposed on a particular action, information about d. Pesticides Rulemaking (ANPRM) or a NPRM in the the location will be in that action’s e. Toxic substances Federal Register, the Agency may agenda entry. URL’s for many of EPA’s f. Right-To-Know and toxic release establish a docket to accumulate dockets are included in the agenda inventory materials throughout the development entry. To enter the docket, copy the URL g. Environmental impacts process for that rulemaking. The docket into a browser window. To locate a h. Endangered species serves as the repository for the docket you can also use the docket i. Meetings collection of documents or information search features at Regulations.gov. j. The Science Advisory Board related to a particular Agency action or k. Daily full-text notices with page activity. EPA most commonly uses I. Reviews of Rules With Significant numbers, and dockets for rulemaking actions, but Impacts on a Substantial Number of l. General information. dockets may also be used for Regulatory Small Entities For more information and to subscribe Flexibility Act section 610 reviews of via our FR Web site, visit: rules with significant economic impacts Section 610 of the RFA requires that www.epa.gov/fedrgstr/subscribe.htm. If on a substantial number of small entities an agency review, within 10 years of you have e-mail without full Internet and for various nonrulemaking promulgation, each rule that has or will access, please send an e-mail to activities, such as Federal Register have a significant economic impact on [email protected] to request documents seeking public comments on a substantial number of small entities. instructions for subscribing to the EPA draft guidance, policy statements, EPA has one rule scheduled for 610 Federal Register listservers. information collection requests under review in 2009.
Rule Being Reviewed RIN Docket ID
Revisions to the Underground Injection Control (UIC) Requirements for 2040–AF04 EPA-HQ-OW-2009-0082 Class V Wells (Section 610 Review)
EPA has established an official public ‘‘Advanced Docket Search.’’ Enter the p.m., Monday through Friday, docket for this 610 review under a appropriate Docket ID number. The excluding legal holidays. The docket identification (ID) number as system is an ‘‘anonymous access’’ telephone number for the Reading indicated above. All documents in the system, which means EPA will not Room is (202) 566-1744. Such docket are listed on the know your identity, e-mail address, or deliveries are only accepted during www.regulations.gov Web site. other contact information unless you the Docket’s normal hours of Although listed in the index, some provide it in the body of your operation as identified above. For information is not publicly available; comment. If you do submit an more information on EPA’s docket e.g., CBI or other information whose electronic comment, EPA center, please visit disclosure is restricted by statute. recommends that you include your http://www.epa.gov/epahome/ Certain other material, such as name, mailing address, and an e-mail dockets.htm. copyrighted material, is not placed on address or other contact information Please ensure that your comments are the Internet and will be publicly in the body of your comment. EPA’s submitted within the specified comment available only in hard copy form. policy is that EPA will not edit your period. Comments received after the Publicly available docket materials are comment, and any identifying or close of the comment period will be available either electronically through contact information provided in the marked ‘‘late.’’ EPA is not required to www.regulations.gov or in hard copy at body of a comment will be included consider these late comments. For this the Water Docket, EPA/DC, EPA West, as part of the comment that is placed action, please DO NOT submit CBI or Room 3334, 1301 Constitution Avenue in the official public docket and made information that is otherwise protected NW., Washington, DC. The Public available in EPA’s electronic public by statute. Reading Room is open from 8:30 a.m. to docket. J. What Other Special Attention Do We 4:30 p.m., Monday through Friday, 2. By Mail. Send your comments to: EPA Give to the Impacts of Rules on Small excluding legal holidays. The telephone Docket Center (EPA/DC), Businesses, Small Governments, and number for the Public Reading Room is Environmental Protection Agency, Small Nonprofit Organizations? (202) 566-1744. Unless otherwise Docket # EPA-HQ-OW-2009-0082, indicated, please direct your comments 1200 Pennsylvania Avenue NW., For each of our rulemakings, we to the identified Docket ID number for Washington, DC 20460. consider whether there will be any the specific 610 Review item. For these 3. By Hand Delivery or Courier. Deliver adverse impact on any small entity. We 610 Reviews, please DO NOT submit your comments, identified by the attempt to fit the regulatory CBI or information that is otherwise Docket # EPA-HQ-OW-2009-0082, to: requirements, to the extent feasible, to protected by statute. You may submit EPA Docket Center (EPA/DC), EPA the scale of the businesses, comments using one of the following West, Room 3334, 1301 Constitution organizations, and governmental methods: Avenue NW., Washington, DC. The jurisdictions subject to the regulation. 1. Electronically. Go directly to EPA Docket Center Public Reading Under RFA/SBREFA (the Regulatory www.regulations.gov and find Room is open from 8:30 a.m. to 4:30 Flexibility Act as amended by the Small
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Business Regulatory Enforcement For a list of the rules under solving the complex issues involved in Fairness Act), the Agency must prepare development for which a Regulatory protecting human health and the a formal analysis of the potential Flexibility Analysis will be required and environment. Collaborative efforts such negative impacts on small entities, for a list of rules under development as EPA’s open rulemaking process are a convene a Small Business Advocacy that may affect small entities, but not valuable tool for addressing the Review Panel (proposed rule stage), and significantly affect a substantial number problems we face and the regulatory prepare a Small Entity Compliance of them, go to: agenda is an important part of that Guide (final rule stage) unless the http://www.regulations.gov/ process. Agency certifies a rule will not have a fdmspublic/component/ main?main=UnifiedAgenda and select significant economic impact on a Dated: March 30, 2009. the appropriate index in the second box substantial number of small entities. For Louise Wise, in the right hand column. more detailed information about the Acting Associate Administrator, Office of Agency’s policy and practice with K. Thank You for Collaborating With Policy, Economics, and Innovation. respect to implementing RFA/SBREFA, Us please visit the RFA/SBREFA Web site Finally, we would like to thank those at http://www.epa.gov/sbrefa/. of you who choose to join with us in CLEAN AIR ACT (CAA)—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
265 SAN No. 4884 Combined Rulemaking for Industrial, Commercial, and Institutional Boilers and Process Heaters at Major Sources of HAP and Industrial, Commercial, and Institutional Boilers at Area Sources ...... 2060–AM44 266 SAN No. 5250 Renewable Fuels Standard Program ...... 2060–AO81
CLEAN AIR ACT (CAA)—Completed Actions
Regulation Sequence Title Identifier Number Number
267 SAN No. 5326 Findings of Significant Contribution and Rulemaking on Section 126 Petitions for Purposes of Re- ducing Interstate Ozone Transport (Completion of a Section 610 Review) ...... 2060–AP42
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long-Term Actions
Regulation Sequence Title Identifier Number Number
268 SAN No. 5007 Pesticides; Competency Standards for Occupational Users ...... 2070–AJ20 269 SAN No. 5006 Pesticides; Agricultural Worker Protection Standard Revisions ...... 2070–AJ22
SAFE DRINKING WATER ACT (SDWA)—Prerule Stage
Regulation Sequence Title Identifier Number Number
270 SAN No. 5332 Revisions to the Underground Injection Control (UIC) Requirements for Class V Wells (Section 610 Review) ...... 2040–AF04
SAFE DRINKING WATER ACT (SDWA)—Long-Term Actions
Regulation Sequence Title Identifier Number Number
271 SAN No. 2281 National Primary Drinking Water Regulations: Radon ...... 2040–AA94
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Environmental Protection Agency (EPA) Proposed Rule Stage Clean Air Act (CAA)
265. COMBINED RULEMAKING FOR Timetable: gallons in 2008 and rising to 36 billion INDUSTRIAL, COMMERCIAL, AND Action Date FR Cite gallons by 2022. Of the latter total, 21 INSTITUTIONAL BOILERS AND billion gallons is required to be PROCESS HEATERS AT MAJOR NPRM 07/00/09 obtained from cellulosic biofuels and SOURCES OF HAP AND INDUSTRIAL, Final Action 07/00/10 other advanced biofuels. Starting in COMMERCIAL, AND INSTITUTIONAL Regulatory Flexibility Analysis 2016, all of the increase in the RFS BOILERS AT AREA SOURCES Required: Yes target must be met with advanced Legal Authority: CAA sec 112 Agency Contact: Jim Eddinger, biofuels, defined as cellulosic ethanol Environmental Protection Agency, Air and other biofuels derived from Abstract: Section 112 of the Clean Air feedstock other than corn starch—with Act (CAA) outlines the statutory and Radiation, C439–01, Research Triangle Park, NC 27711 explicit standards for cellulosic biofuels requirements for EPA’s stationary and biomass-based diesel. source air toxics program. Section 112 Phone: 919 541–5426 mandates that EPA develop standards Email: [email protected] Timetable: for hazardous air pollutants (HAP) for Robert J. Wayland, Environmental Action Date FR Cite both major and area sources listed Protection Agency, Air and Radiation, NPRM 05/00/09 under section 112(c). Section 112(k) D243–01, RTP, NC 27711 Final Action 11/00/09 requires development of standards for Phone: 919 541–1045 area sources which account for 90% of Regulatory Flexibility Analysis Fax: 919 541–5450 the emissions in urban areas of the 30 Required: Email: Yes urban (HAP) listed in the Integrated [email protected] Agency Contact: Urban Air Toxics Strategy. These area Paul Argyropoulos, source standards can require control RIN: 2060–AM44 Environmental Protection Agency, Air levels which are equivalent to either and Radiation, 6520J ARN, Washington, maximum achievable control DC 20460 266. RENEWABLE FUELS STANDARD Phone: 202 564–1123 technology (MACT) or generally PROGRAM available control technology (GACT). Fax: 202 564–1686 The Integrated Air Toxics Strategy lists Legal Authority: CAA 211(o) Email: [email protected] industrial boilers and Abstract: This action will implement David Korotney, Environmental commercial/institutional boilers as area certain provisions in Title II of the 2007 Protection Agency, Air and Radiation, source categories for regulation Energy Independence and Security Act AAFC, Ann Arbor, MI 48105 pursuant to section 112(c). Industrial that amend section 211(o) of the Clean Phone: 734 214–4507 boilers and institutional/commercial Air Act. The new law sets a modified Email: [email protected] boilers are on the list of section standard for renewable fuels increasing 112(c)(6) source categories. the national requirement to 9.0 billion RIN: 2060–AO81
Environmental Protection Agency (EPA) Completed Actions Clean Air Act (CAA)
267. ∑ FINDINGS OF SIGNIFICANT normally would be a candidate for the need for a 10-year review under the CONTRIBUTION AND RULEMAKING RFA-required review 10 years after RFA. In light of this fact, EPA is, ON SECTION 126 PETITIONS FOR promulgation. However, this rule had through this notice, documenting the PURPOSES OF REDUCING no actual impact on any entities, since Section-126 rule’s lack of impact, and INTERSTATE OZONE TRANSPORT it specified that its prescribed upwind- announcing that the 10-year review has (COMPLETION OF A SECTION 610 pollution remedies could be fulfilled by been completed. REVIEW) State actions under a previous EPA rule Timetable: Legal Authority: 5 USC 610 entitled ‘‘Finding of Significant Abstract: On May 25, 1999 (64 FR Contribution and Rulemaking for Action Date FR Cite Certain States in the Ozone Transport 28250), EPA issued a final rule entitled Final Action 05/25/99 64 FR 28250 ‘‘Findings of Significant Contribution Assessment Group Region for Purposes of Reducing Regional Transport of 610 Review 03/26/09 and Rulemaking on section 126 Determination Petitions for Purposes of Reducing Ozone,’’ usually referred to as the Interstate Ozone Transport,’’ usually ‘‘NOx SIP Call,‘‘ which was Regulatory Flexibility Analysis referred to as the ‘‘Section-126 rule.’’ promulgated on October 27, 1998 (63 Required: No This rule was a response to petitions FR 57355). Subsequently, the States did from several states asking EPA to take in fact comply with the NOx SIP Call Agency Contact: Thomas Eagles, Federal action to address the problem rule, thereby nullifying any effect of the Environmental Protection Agency, Air of air pollution coming from upwind Section-126 rule. Therefore the Section- and Radiation, 6103A, Washington, DC states. Since this rule did not include 126 rule has had, and will have, no 20460 a no-significant-impact certification impacts on any entities, including Phone: 202 564–1952 under the Regulatory Flexibility Act, it small entities, thereby obviating the Fax: 202 564–1554
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EPA—Clean Air Act (CAA) Completed Actions
Email: [email protected] RIN: 2060–AP42
Environmental Protection Agency (EPA) Long-Term Actions Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
268. PESTICIDES; COMPETENCY Office of Prevention, Pesticides and training, with improved worker safety STANDARDS FOR OCCUPATIONAL Toxic Substances, 7506P, Washington, the intended outcome. The potential USERS DC 20460 need for change arose from EPA Legal Authority: 7 USC 136; 7 USC Phone: 703 308–7002 discussions with key stakeholders 136i; 7 USC 136w Fax: 703 308–2962 beginning in 1996 and continuing Email: [email protected] through 2004. EPA held nine public Abstract: The EPA is proposing change meetings throughout the country during to federal regulations guiding the Richard Pont, Environmental Protection which the public submitted written and certified pesticide applicator program Agency, Office of Prevention, Pesticides verbal comments on issues of their (40 CFR 171). Change is sought to and Toxic Substances, 7506P, concern. In 2000 through 2004, EPA strengthen the regulations to better Washington, DC 20460 held meetings where invited protect pesticide applicators and the Phone: 703 305–6448 stakeholders identified their issues and public and the environment from harm Fax: 703 308–2962 concerns with the regulations. due to pesticide exposure. The possible Email: [email protected] need for change arose from EPA Timetable: RIN: 2070–AJ20 discussions with key stakeholders. EPA Action Date FR Cite has been in extensive discussions with NPRM 02/00/11 stakeholders since 1997 when the 269. PESTICIDES; AGRICULTURAL Certification and Training Assessment WORKER PROTECTION STANDARD Regulatory Flexibility Analysis Group (CTAG) was established. CTAG REVISIONS Required: Yes is a forum used by regulatory and Legal Authority: 7 USC 136; 7 USC Agency Contact: Kathy Davis, academic stakeholders to discuss the 136w Environmental Protection Agency, current state of, and the need for Abstract: The EPA is developing a Office of Prevention, Pesticides and improvements in, the national certified Toxic Substances, 7506P, Washington, pesticide applicator program. proposal to revise the federal regulations guiding agricultural worker DC 20460 Throughout these extensive interactions Phone: 703 308–7002 with stakeholders, EPA has learned of protection (40 CFR 170). The changes under consideration are intended to Fax: 703 308–2962 the potential need for changes to the Email: [email protected] regulation. improve agricultural workers’ ability to protect themselves from potential Timetable: exposure to pesticides and pesticide Richard Pont, Environmental Protection Action Date FR Cite residues. In addition, EPA is proposing Agency, Office of Prevention, Pesticides and Toxic Substances, 7506P, NPRM 02/00/11 to make adjustments to improve and clarify current requirements and Washington, DC 20460 Regulatory Flexibility Analysis facilitate enforcement. Other changes Phone: 703 305–6448 Required: Yes sought are to establish a right-to-know Fax: 703 308–2962 Agency Contact: Kathy Davis, Hazard Communication program and Email: [email protected] Environmental Protection Agency, make improvements to pesticide safety RIN: 2070–AJ22
Environmental Protection Agency (EPA) Prerule Stage Safe Drinking Water Act (SDWA)
270. ∑ REVISIONS TO THE the regulation of underground injection owner/operator to apply for a permit, UNDERGROUND INJECTION of fluids through wells. The Agency has order preventive actions (including CONTROL (UIC) REQUIREMENTS FOR promulgated a series of underground closure of the well) to prevent the CLASS V WELLS (SECTION 610 injection control (UIC) regulations violation, require remediation to assure REVIEW) under this authority. Most class V wells USDWs are protected, or take are authorized by rule as long as (1) Legal Authority: 5 USC 610 enforcement action. they do not endanger underground Abstract: Class V wells are regulated sources of drinking water (USDWs), On December 7, 1999, EPA finalized under the authority of part C of the and (2) the well owners or operators additional requirements for motor Safe Drinking Water Act (SDWA). The submit basic inventory and assessment vehicle waste disposal wells and large SDWA is designed to protect the information. If a class V well may capacity cesspools, to embrace quality of drinking water in the United endanger USDWs, UIC Program priorities and help achieve goals States, and part C specifically mandates Directors can require the defined under the 1996 Amendments
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EPA—Safe Drinking Water Act (SDWA) Prerule Stage
to the SDWA, and to fulfill the first will review the Class V Rule. As part to this issue of the Regulatory Agenda. phase of the Agency’s requirements of the review, EPA will consider and The docket can be assessed at under the 1997 consent decree with the solicit comments on the following www.regulations.gov. Sierra Club. The 1999 Rule established factors: (1) The continued need for the requirements for two categories of class rule; (2) the nature of complaints or Timetable: V injection wells determined by EPA comments received concerning the rule; Action Date FR Cite to be a source of endangerment to (3) the complexity of the rule; (4)the drinking water. Specifically, the rule extent to which the rule overlaps, Final Action 12/07/99 64 FR 68546 covers: (1) Existing motor vehicle waste duplicates, or conflicts with other Begin Review 05/00/09 disposal wells located in ground water Federal, State, or local government End Comment Period 08/00/09 protection areas or other sensitive rules; and (5) the degree to which the End Review 12/00/09 ground water areas; and, (2) new and technology, economic conditions or existing large-capacity cesspools and other factors have changed in the area Regulatory Flexibility Analysis new motor vehicle waste disposal wells affected by the rule. Based on the Required: No nationwide. The conclusion that these evaluation of the Class V Rule during Agency Contact: Stephanie Flaharty, class V wells pose an endangerment to promulgation, EPA believes there is a Environmental Protection Agency, USDWs is based on substantial continued need for the Class V Rule. Water, 4601M, Washington, DC 20460 information and the combined EPA assumes that the regulatory impact Phone: 202 564–5072 professional judgment of EPA and State of two endangering well types on small geologists and engineers that are business is not significant because the Email: responsible for implementing the class Agency believes most of these well [email protected] V UIC program. types have been either closed or Sandy Evalenko, Environmental permitted. This new entry in the regulatory agenda Protection Agency, Water, 4101M, announces that while EPA has taken Comments must be received by August Washington, DC 20460 steps in the 1999 Rulemaking process 11, 2009. In submitting comments, Phone: 202 564–0264 to evaluate and mitigate impacts on please reference Docket ID EPA-HQ- Email: [email protected] small entities, pursuant to section 610 OW-2009-0082 and follow the of the Regulatory Flexibility Act, EPA instructions in section I of the preamble RIN: 2040–AF04
Environmental Protection Agency (EPA) Long-Term Actions Safe Drinking Water Act (SDWA)
271. NATIONAL PRIMARY DRINKING States that adopted qualifying MMM Agency Contact: Rebeccak Allen, WATER REGULATIONS: RADON programs would be subject to the Environmental Protection Agency, Legal Authority: 42 USC 300f et seq AMCL, while those in States that did Water, 4607M, Washington, DC 20460 not adopt such programs would be Phone: 202 564–4689 Abstract: In 1999, EPA proposed subject to the MCL. Fax: 202 564–3760 regulations for radon which provide Email: [email protected] flexibility in how to manage the health Timetable: risks from radon in drinking water. The Action Date FR Cite Eric Burneson, Environmental proposal was based on the unique Protection Agency, Water, 4607M, framework in the 1996 SDWA. The ANPRM 09/30/86 51 FR 34836 Washington, DC 20460 proposed regulation would provide for NPRM original 07/18/91 56 FR 33050 Phone: 202 564–5250 either a maximum contaminant level Notice99 02/26/99 64 FR 9560 Fax: 202 564–3760 (MCL), or an alternative maximum NPRM 11/02/99 64 FR 59246 Email: [email protected] contaminant level (AMCL) with a Final Action To Be Determined RIN: 2040–AA94 multimedia mitigation (MMM) program to address radon in indoor air. Under Regulatory Flexibility Analysis [FR Doc. E9–10279 Filed 05–08–09; 8:45 am] the proposal, public water systems in Required: Yes BILLING CODE 6560–50–S
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Part XIII
General Services Administration Semiannual Regulatory Agenda
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GENERAL SERVICES ADMINISTRATION (GSA)
GENERAL SERVICES Proposed rules may be reviewed in their Printing of these entries is limited to ADMINISTRATION entirety at the Government’s rulemaking fields that contain information required website at http://www.regulations.gov. by the Regulatory Flexibility Act’s 41 CFR Chs. 101, 102, 105, 300, 301, Agenda requirements. Additional and 302 Since the fall 2008 edition, the Internet is the basic means for information on these entries is available in the Unified Agenda published on the 48 CFR Chs. 5 and 61 disseminating the Unified Agenda. The complete Unified Agenda will be Internet. In addition, for spring editions Unified Agenda of Federal Regulatory available online at www.reginfo.gov, in of the Agenda, the entireRegulatory Plan and Deregulatory Actions a format that offers users a greatly will continue to be printed in the enhanced ability to obtain information Federal Register, as in past years, AGENCY: General Services from the Agenda database. including GSA’s regulatory plan. Administration (GSA). Because publication in the Federal ACTION: Semiannual regulatory agenda. FOR FURTHER INFORMATION CONTACT: Register is mandated for the regulatory Hada Flowers, Supervisor, Regulatory flexibility agendas required by the Secretariat at (202) 208-7282. SUMMARY: This agenda announces the Regulatory Flexibility Act (5 U.S.C. proposed regulatory actions that GSA 602), GSA’s printed agenda entries Dated: March 19, 2009. plans for the next 12 months and those include only: Stan Kaczmarczyk, that were completed since the fall 2008 (1) Rules that are in the Agency’s Acting Associate Administrator, Office of edition. This agenda was developed regulatory flexibility agenda, in Governmentwide Policy. under the guidelines of Executive Order accordance with the Regulatory 12866 ‘‘Regulatory Planning and Joy C. Heuer, Flexibility Act, because they are likely Review.’’ GSA’s purpose in publishing Pricing Team Lead, Office of Real Property this agenda is to allow interested to have a significant economic impact Asset Management. on a substantial number of small persons an opportunity to participate in Regina M. Budd, entities; and the rulemaking process. GSA also Deputy Associate Administrator, Office of invites interested persons to recommend (2) Any rules that the Agency has Civil Rights. existing significant regulations for identified for periodic review under Al Matera, review to determine whether they section 610 of the Regulatory Flexibility Director, Office of Acquisition Policy. should be modified or eliminated. Act. General Services Administration—Long-Term Actions
Regulation Sequence Title Identifier Number Number
272 General Services Administration Acquisition Regulation (GSAR) Case 2005-G501; Federal Agency Retail Phar- macy Program ...... 3090–AI06 273 General Services Administration Acquisition Regulation (GSAR) Case 2006-G522; Federal Supply Schedule Con- tracts—Recovery Purchasing by State and Local Governments Through Federal Supply Schedules ...... 3090–AI32 274 General Services Administration Acquisition Regulation (GSAR) Case 2006-G501; GSA Mentor-Prote´ge´ Program 3090–AI56 275 GSAR Case 2008-G517; Cooperative Purchasing-Acquisition of Security and Law Enforcement Related Goods and Services (Schedule 84) by State and Local Governments Through Federal Supply Schedules ...... 3090–AI68 276 General Services Administration Acquisition Regulation (GSAR) Case 2006-G507; Rewrite of Part 538, Federal Supply Schedule Contracting ...... 3090–AI77
General Services Administration (GSA) Long-Term Actions
OFFICE OF ACQUISITION POLICY amend the General Services have access to Federal pricing for Administration Acquisition Regulation pharmaceuticals purchased for their (GSAR) to add a new subpart and beneficiaries. GSA is responsible for the 272. GENERAL SERVICES clause required by the Department of schedules program and rules related to ADMINISTRATION ACQUISITION Veterans Affairs (VA), consistent with its operation. Under GSA’s delegation REGULATION (GSAR) CASE congressional intent under section 603 of authority, the VA procures medical 2005–G501; FEDERAL AGENCY of the Veterans Health Care Act of 1992 supplies under the VA Federal Supply RETAIL PHARMACY PROGRAM (VHCA) and 38 U.S.C. 8126, that Schedule program. VA and DoD seek certain Federal agencies (i.e., VA, this amendment. This new subpart Legal Authority: 40 USC 121(c) Department of Defense (DoD), Public adds a clause unique to the virtual Abstract: The General Services Health Service (including the Indian depot system established by a Federal Administration (GSA) is proposing to Health Service), and the Coast Guard) Agency Retail Pharmacy Program
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GSA Long-Term Actions
utilizing contracted retail pharmacies as Timetable: Acquisition Officer, General Services part of a centralized pharmaceutical Action Date FR Cite Administration, 1800 F Street NW, commodity management program. At Washington, DC 20405 this time, only DoD has a program in Interim Final Rule 02/01/07 72 FR 4649 Phone: 202 208–7282 place, and the rule would facilitate Interim Final Rule 04/02/07 Fax: 202 501–4067 DoD’s access to Federal pricing on Comment Period End Email: [email protected] Federal Supply Schedule (FSS) Final Action To Be Determined pharmaceutical contracts for covered RIN: 3090–AI56 drugs purchased by DoD and dispensed Regulatory Flexibility Analysis to TRICARE beneficiaries through retail Required: Yes 275. GSAR CASE 2008–G517; pharmacies in the TRICARE network. Agency Contact: Hada Flowers, COOPERATIVE Supervisor, Regulatory & Federal Timetable: PURCHASING–ACQUISITION OF Assistance Division, Office of the Chief SECURITY AND LAW ENFORCEMENT Action Date FR Cite Acquisition Officer, General Services RELATED GOODS AND SERVICES Administration, 1800 F Street NW, NPRM 04/12/05 70 FR 19045 (SCHEDULE 84) BY STATE AND Washington, DC 20405 LOCAL GOVERNMENTS THROUGH NPRM Comment 06/13/05 Phone: 202 208–7282 FEDERAL SUPPLY SCHEDULES Period End Fax: 202 501–4067 Final Action To Be Determined Email: [email protected] Legal Authority: 40 USC 121(c) Regulatory Flexibility Analysis RIN: 3090–AI32 Required: Yes Abstract: The General Services Administration (GSA) is amending the Agency Contact: Hada Flowers, 274. GENERAL SERVICES General Services Administration Supervisor, Regulatory & Federal ADMINISTRATION ACQUISITION Acquisition Regulation (GSAR) to Assistance Division, Office of the Chief REGULATION (GSAR) CASE implement Public Law 110-248, The ´ ´ Acquisition Officer, General Services 2006–G501; GSA MENTOR–PROTEGE Local Preparedness Acquisition Act. Administration, 1800 F Street NW, PROGRAM The Act authorizes the Administrator Washington, DC 20405 Legal Authority: 40 USC 121(c) of General Services to provide for the use by State or local governments of Phone: 202 208–7282 Abstract: The General Services Federal Supply Schedules of the Fax: 202 501–4067 Administration (GSA) is proposing to General Services Administration (GSA) Email: [email protected] amend the General Services for alarm and signal systems, facility Administration Acquisition Regulation RIN: 3090–AI06 management systems, firefighting and (GSAR) to establish a GSA Mentor- rescue equipment, law enforcement and Prote´ge´ Program. The GSA Mentor- security equipment, marine craft and Prote´ge´ Program is designed to 273. GENERAL SERVICES related equipment, special purpose encourage GSA prime contractors to ADMINISTRATION ACQUISITION clothing, and related services (as assist small businesses, small REGULATION (GSAR) CASE contained in Federal supply disadvantaged businesses, women- 2006–G522; FEDERAL SUPPLY classification code group 84 or any owned small businesses, veteran-owned SCHEDULE CONTRACTS— amended or subsequent version of that small businesses, service-disabled RECOVERY PURCHASING BY STATE Federal supply classification group). AND LOCAL GOVERNMENTS veteran-owned small businesses, and THROUGH FEDERAL SUPPLY HUBZone small businesses in Timetable: SCHEDULES enhancing their capabilities to perform GSA contracts and subcontracts, foster Action Date FR Cite Legal Authority: 40 USC 121(c); 40 the establishment of long-term business Interim Final Rule 09/19/08 73 FR 54334 USC 502(d) relationships between these small Interim Final Rule 11/18/08 business entities and GSA prime Abstract: The rule is amending the Comment Period contractors, and increase the overall End General Services Administration number of small business entities that Final Action To Be Determined Acquisition Regulation (GSAR) to receive GSA contract and subcontract implement section 833 of the John awards. Regulatory Flexibility Analysis Warner National Defense Authorization Required: Yes Act for Fiscal Year 2007 (Pub. L. 109- Timetable: 364). Section 833 amends 40 U.S.C. 502 Action Date FR Cite Agency Contact: Hada Flowers, to authorize the Administrator of NPRM 06/10/08 73 FR 32669 Supervisor, Regulatory & Federal General Services to provide to State NPRM Comment 08/11/08 Assistance Division, Office of the Chief and local governments the use of Period End Acquisition Officer, General Services Federal Supply Schedules of the GSA Final Action To Be Determined Administration, 1800 F Street NW, for purchase of products and services Washington, DC 20405 Regulatory Flexibility Analysis to be used to facilitate recovery from Phone: 202 208–7282 Required: Yes a major disaster declared by the Fax: 202 501–4067 President or to facilitate recovery from Agency Contact: Hada Flowers, Email: [email protected] terrorism, or nuclear, biological, Supervisor, Regulatory & Federal chemical, or radiological attack. Assistance Division, Office of the Chief RIN: 3090–AI68
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GSA Long-Term Actions
276. GENERAL SERVICES subpart 538.19, FSS and Small Action Date FR Cite ADMINISTRATION ACQUISITION Business Programs; subpart 538.25, REGULATION (GSAR) CASE Requirements for Foreign Entities; NPRM Comment 03/27/09 2006–G507; REWRITE OF PART 538, subpart 538.42, Contract Period End FEDERAL SUPPLY SCHEDULE Administration; and subpart 538.43, Final Action To Be Determined CONTRACTING Contract Modifications. This proposed Regulatory Flexibility Analysis Legal Authority: 40 USC 121(c) rule covers the GSAR portion of part Required: Yes 538. The information in subpart 538.2 Abstract: GSA is amending the General is being retained; however, the various Agency Contact: Hada Flowers, Services Acquisition Regulation (GSAR) sections have redistributed to more Supervisor, Regulatory & Federal to update the text addressing GSAR appropriate subparts within the text. Assistance Division, Office of the Chief part 538; Federal Supply Schedule Subpart 538.9, Contractor Acquisition Officer, General Services Contracting, subpart 538.1, Definitions; Qualifications, is being added to define Administration, 1800 F Street NW, subpart 538.4, Administrative the roles and responsibilities of Washington, DC 20405 Matters;subpart 538.7, Acquisition ‘‘Contractor Partnering Arrangements Phone: 202 208–7282 Planning; subpart 538.9, Contractor (CPAs)’’ for contractors. Fax: 202 501–4067 Qualifications; subpart 538.12, Email: [email protected] Acquisition of Commercial Items—FSS; Timetable: subpart 538.15, Negotiation and Award RIN: 3090–AI77 of Contracts; subpart 538.17, Action Date FR Cite [FR Doc. E9–10280 Filed 05–08–09; 8:45 am] Administration of Evergreen Contracts; NPRM 01/26/09 74 FR 4596 BILLING CODE 6820–34–S
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Part XIV
National Foundation on the Arts and the Humanities National Endowment for the Arts Semiannual Regulatory Agenda
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NATIONAL ENDOWMENT FOR THE ARTS (NEA)
NATIONAL FOUNDATION ON THE ACTION: Semiannual regulatory agenda. FOR FURTHER INFORMATION CONTACT: ARTS AND THE HUMANITIES Karen Elias, Acting General Counsel, National Endowment for the Arts, 1100 National Endowment for the Arts SUMMARY: Pursuant to the Regulatory Pennsylvania Avenue NW., Washington, Flexibility Act (5 U.S.C. 605) and DC 20506; or call (202) 692-5418. 45 CFR Ch. XI Executive Order 12866, the National Endowment for the Arts publishes this Dated: March 9, 2009. Semiannual Regulatory Agenda regulatory agenda describing Agency Karen Elias, AGENCY: National Endowment for the regulations under development or Acting General Counsel. Arts, NFAH. review. National Endowment for the Arts—Completed Actions
Regulation Sequence Title Identifier Number Number
277 Nondiscrimination on the Basis of Sex in Federally Assisted Programs and Activities—Implementation of Title IX of the Education Amendments of 1972 ...... 3135–AA15
National Endowment for the Arts (NEA) Completed Actions
277. NONDISCRIMINATION ON THE as amended, which prohibits Agency Contact: Karen L. Elias BASIS OF SEX IN FEDERALLY discrimination on the basis of an Phone: 202 682–5418 ASSISTED PROGRAMS AND individual’s sex in federally assisted TDD Phone: 202 682–5496 ACTIVITIES—IMPLEMENTATION OF educational programs. Fax: 202 682–5572 TITLE IX OF THE EDUCATION Completed: Email: [email protected] AMENDMENTS OF 1972 Reason Date FR Cite Legal Authority: 20 USC 1682 et seq RIN: 3135–AA15 Withdrawn 04/29/09 [FR Doc. E9–10284 Filed 05–08–09; 8:45 am] Abstract: This regulation would implement the requirements of title IX Regulatory Flexibility Analysis BILLING CODE 7537–01–S of the Education Amendments of 1972, Required: Yes
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Part XV
Small Business Administration Semiannual Regulatory Agenda
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SMALL BUSINESS ADMINISTRATION (SBA)
SMALL BUSINESS ADMINISTRATION regulatory actions that SBA plans for the operate and manage SBA’s programs next 12 months and those that were and resources efficiently and effectively. 13 CFR Ch. I completed since the fall 2008 edition of the Agenda. As permitted by law, SBA Publication of proposed rulemaking Semiannual Regulatory Agenda is combining the publication of its actions in the agenda does not impose any obligation on SBA to take any final AGENCY: U.S. Small Business agenda as required by statute and action with regard to any specific item. Administration (SBA). Executive order and conforming them to Furthermore, SBA is not precluded from the Unified Agenda of Federal ACTION: Semiannual regulatory agenda. rulemaking activities that are not listed Regulatory and Deregulatory Actions in this agenda. The dates listed in the format developed by the Regulatory timetables for specific actions are SUMMARY: The Regulatory Flexibility Act Information Service Center. (RFA) and Executive Order 12866 estimates and not commitments to act require each agency to publish The purpose of the agenda is to on or by the particular date. semiannually a regulatory agenda provide information to the public on Since the fall 2008 edition, the (agenda) that includes an inventory of regulations currently under review, Internet is the basic means for all current and projected rulemakings, being proposed, completed, or including regulations the agency disseminating the Unified Agenda. The withdrawn by SBA. Accordingly, complete Unified Agenda will be expects to develop during the next 12 rulemaking action in SBA’s agenda is months and regulations completed since available online at www.reginfo.gov in grouped according to its stage of a format that offers users a greatly the last publication of the agency’s development. The stages of agenda. SBA is publishing this agenda enhanced ability to obtain information development are prerulemaking, from the Agenda database. to provide the public with notice about proposed rules, final rules, and SBA’s regulatory activities and to rulemaking actions completed since the Because publication in the Federal provide specific information about those fall 2008 Agenda. The agenda is Register is mandated for the regulatory activities. This information will intended to facilitate comments and flexibility agendas required by the promote the public’s participation in views by interested members of the Regulatory Flexibility Act (5 U.S.C. SBA’s regulatory activities. public. SBA encourages public 602), SBA’s printed agenda entries FOR FURTHER INFORMATION CONTACT: For participation in its rulemaking process include only rules that are in the additional information about specific through various mediums including Agency’s regulatory flexibility agenda, regulatory actions listed in the agenda, www.regulations.gov. This Web site in accordance with the Regulatory you should direct your comments and allows SBA to place rules on the Web Flexibility Act, because they are likely inquiries to the appropriate agency site and receive public comments to have a significant economic impact contact identified in each entry. For through that medium. SBA also on a substantial number of small general information about the agenda, provides a link from www.sba.gov to entities. you should direct your comments or that Web site. inquiries to Martin ‘‘Sparky’’ Conrey, Printing of these entries is limited to fields that contain information required Assistant General Counsel for SBA’s regulations promote statutory by the Regulatory Flexibility Act’s Legislation and Appropriations, U.S. mandates and Presidential directives Agenda requirements. Additional Small Business Administration, 409 linked to SBA’s goals to improve the information on these entries is available Third Street SW., Washington, DC economic environment for small 20416, (202) 619-0638, in the Unified Agenda published on the business, increase small business Internet. [email protected]. success by bridging competitive SUPPLEMENTARY INFORMATION: This opportunity gaps, restore homes and Darryl K. Hairston, agenda announces the proposed businesses affected by disaster, and to Acting Administrator. Small Business Administration—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
278 Small Business Development Centers (SBDC) Program Revisions ...... 3245–AE05 279 8(a) Business Development ...... 3245–AF53 280 Small Business Size Standards: Retail Trade Industries ...... 3245–AF69 281 Small Business Size Standards: Other Services ...... 3245–AF70 282 Small Business Size Standards: Accommodations and Food Service Industries ...... 3245–AF71 283 SBA Express Loan Program ...... 3245–AF85 284 Implementation of Energy Independence and Security Act of 2007 ...... 3245–AF86 285 Implementation of Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 ..... 3245–AF87 286 Implementation of Small Business Disaster Response and Loan Improvements Act of 2008 ...... 3245–AF88
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SBA
Small Business Administration—Final Rule Stage
Regulation Sequence Title Identifier Number Number
287 Lender Oversight Program ...... 3245–AE14 288 Definition of ‘‘Employee’’ for Purposes of the HUBZone Program ...... 3245–AF44 289 Women-Owned Small Business Federal Contact Assistance Procedures—Eligible Industries ...... 3245–AF80 290 Implementation of American Recovery and Reinvestment Act of 2009 ...... 3245–AF89
Small Business Administration—Completed Actions
Regulation Sequence Title Identifier Number Number
291 Small Business Size Standards; Support Activities for Air Transportation ...... 3245–AF29 292 Small Business Size Standards; Calculation of the Number of Employees ...... 3245–AF60
Small Business Administration (SBA) Proposed Rule Stage
278. SMALL BUSINESS Email: [email protected] Regulatory Flexibility Analysis DEVELOPMENT CENTERS (SBDC) RIN: 3245–AE05 Required: Yes PROGRAM REVISIONS Agency Contact: Joe Loddo, Associate Legal Authority: 15 USC 634(b)(6); 15 279. 8(A) BUSINESS DEVELOPMENT Administrator, Office of Business USC 648 Development, Small Business Legal Authority: 15 USC 634(b)(6), Abstract: This rule would propose Administration, 409 3rd Street SW, 636(j), 637(a) and (d) amendments to SBA’s SBDC program Washington, DC 20416 regulations for the purpose of Abstract: This rule proposes to make Phone: 202 205–7550 conforming the regulations to existing a number of changes to the regulations Email: [email protected] governing the 8(a) BD Program and statutory requirements. This rule would RIN: 3245–AF53 amend: (1) Procedures for approving several changes to SBA’s size and funding of SBDCs; (2) approval regulations. Some of the changes procedures for travel outside the involve technical issues, such as 280. SMALL BUSINESS SIZE continental U.S. and U.S. territories; (3) changing the term ‘‘SIC code’’ to STANDARDS: RETAIL TRADE procedures and requirements regarding ‘‘NAICS code’’ to reflect the national INDUSTRIES conversion to the North American findings and disputes resulting from Legal Authority: 15 USC 632(a) financial exams, programmatic reviews, Industry Classification system. SBA has accreditation reviews, and other SBA learned through experience that certain Abstract: A U.S. Small Business oversight activities; (4) requirements for of its rules governing the 8(a) BD Administration project is the review new and renewal applications for SBDC program are too restrictive and serve and update of all SBA size standards awards, including the requirements for to unfairly preclude firms from being over a 2-year period. This proposed electronic submission through the admitted to the program. In other cases, rule is one of a series of proposals approved electronic Government SBA has determined that a rule is too evaluating the size standards for submission facility; and (5) provisions expansive or indefinite and has sought industries within a specific North regarding the collection and use of to restrict or clarify that rule. Changes American Industry Classification individual SBDC client data. are also being proposed to correct past System (NAICS) Industry Sector. This public or agency misinterpretation. Timetable: action proposes revisions to certain Also, new situations have arisen that industries in the NAICS Retail Trade Action Date FR Cite were not anticipated when the current Industry Sector. These proposed NPRM 02/00/10 rules were drafted and the proposed revisions ensure that SBA’s size rule seeks to cover those situations. Regulatory Flexibility Analysis standards are consistently evaluated Finally, one of the changes, involving using the latest available data. Required: Yes Native Hawaiian Organizations, Agency Contact: Antonio Doss, implements recently enacted Timetable: Director, Office of Small Business legislation. Action Date FR Cite Development Centers, Small Business Timetable: NPRM 07/00/09 Administration, 409 Third Street SW, Washington, DC 20416 Action Date FR Cite Regulatory Flexibility Analysis Phone: 202 205–6766 NPRM 06/00/09 Required: Yes
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SBA Proposed Rule Stage
Agency Contact: Carl J. Jordan, Acting specific North American Industry business energy provisions in the Division Chief, Division of Size Classification System (NAICS) Industry Energy Independence and Security Act Standards, Office of Gov’t Sector. This action proposes revisions of 2007. The new regulations will Contracting/Business Development, to certain industries in the NAICS provide guidance on several program Small Business Administration, 409 Accommodations and Food Services changes, including larger 504 loan Third Street SW, Washington, DC Industry Sector. These proposed limits to help small businesses develop 20416 revisions ensure that SBA’s size energy efficient technologies, Phone: 202 205–6618 standards are consistently evaluated investments in energy saving small Fax: 202 205–6390 using the latest available data. businesses, and an energy saving RIN: 3245–AF69 Timetable: debenture program. Action Date FR Cite Timetable: 281. SMALL BUSINESS SIZE NPRM 07/00/09 Action Date FR Cite STANDARDS: OTHER SERVICES Regulatory Flexibility Analysis NPRM 05/00/09 Legal Authority: 15 USC 632(a) Required: Yes Regulatory Flexibility Analysis Abstract: A U.S. Small Business Agency Contact: Carl J. Jordan, Acting Required: Yes Administration project is the review of Division Chief, Division of Size Agency Contact: James W. all SBA size standards over a 2-year Standards, Office of Gov’t Hammersley, Director, Office of Loan period. This proposed rule is one of Contracting/Business Development, Policy, Small Business Administration, a series of proposals evaluating the size Small Business Administration, 409 409 Third Street SW, Washington, DC standards for industries within a Third Street SW, Washington, DC 20416 specific North American Industry 20416 Phone: 202 205–6490 Phone: 202 205–6618 Classification System (NAICS) Industry RIN: 3245–AF86 Sector. This action proposes revisions Fax: 202 205–6390 to certain industries in the NAICS RIN: 3245–AF71 Other Services Industry Sector. Other 285. ∑ IMPLEMENTATION OF Services include, for example, repair MILITARY RESERVIST AND VETERAN ∑ and maintenance services, personal and 283. SBA EXPRESS LOAN SMALL BUSINESS laundry services, and religious, grant PROGRAM REAUTHORIZATION AND making, civic, and professional Legal Authority: 15 USC 636(a)(31) OPPORTUNITY ACT OF 2008 services. These proposed revisions Abstract: SBA plans to issue Legal Authority: 15 USC 632(q); 15 ensure that SBA’s size standards are regulations for the SBA Express loan USC 636(j) consistently evaluated using the latest program codified in section 7(a)(31) of available data. Abstract: SBA plans to issue the Small Business Act. The SBA regulations to implement section 205 of Timetable: Express program reduces the number of the Military Reservist and Veteran Action Date FR Cite Government mandated forms and Small Business Reauthorization and procedures, streamlines the processing Opportunity Act. These regulations will NPRM 07/00/09 and reduces the cost of smaller, less provide guidance on tolling of time Regulatory Flexibility Analysis complex SBA loans. SBA Express loans limitations for veteran-owned small Required: Yes carry a maximum SBA guaranty of 50 businesses. percent. Agency Contact: Carl J. Jordan, Acting Timetable: Timetable: Division Chief, Division of Size Action Date FR Cite Standards, Office of Gov’t Action Date FR Cite Contracting/Business Development, NPRM 08/00/09 NPRM 08/00/09 Small Business Administration, 409 Regulatory Flexibility Analysis Third Street SW, Washington, DC Regulatory Flexibility Analysis Required: Yes 20416 Required: Yes Agency Contact: Dean R. Koppel, Phone: 202 205–6618 Agency Contact: Grady Hedgespeth, Assistant Administrator, Office of Fax: 202 205–6390 Director, Office of Financial Assistance, Policy, Planning, and Liaison, Small RIN: 3245–AF70 Small Business Administration, 409 3rd Business Administration, 409 3rd Street Street SW, Washington, DC 20416 SW, Washington, DC 20416 Phone: 202 205–7562 Phone: 202 205–7322 282. SMALL BUSINESS SIZE Email: [email protected]. STANDARDS: ACCOMMODATIONS Fax: 202 481–1540 AND FOOD SERVICE INDUSTRIES RIN: 3245–AF85 RIN: 3245–AF87 Legal Authority: 15 USC 632(a) 284. ∑ IMPLEMENTATION OF ENERGY ∑ Abstract: A U.S. Small Business 286. IMPLEMENTATION OF SMALL INDEPENDENCE AND SECURITY ACT BUSINESS DISASTER RESPONSE Administration project is a review of OF 2007 all SBA size standards over a 2-year AND LOAN IMPROVEMENTS ACT OF period. This proposed rule is one of Legal Authority: 15 USC 636(a)(32) 2008 a series of proposals evaluating the size Abstract: SBA plans to issue Legal Authority: 15 USC standards for industries within a regulations to implement the small 636(b);636(c);636(d)
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SBA Proposed Rule Stage
Abstract: SBA plans to issue program for businesses. Additional new Regulatory Flexibility Analysis regulations to implement the Small regulations will provide guidance on Required: Yes Business Disaster Response and Loan expanded assistance during Agency Contact: Steven G Smith, Improvements Act of 2008, located in catastrophic disasters and address Chief, Executive Office of Disaster subtitle B of the Food, Conservation, coordination with the Federal Strategic Planning & Operations, Small and Energy Act of 2008. The new Emergency Management Agency Business Administration, 409 3rd St regulations will make conforming (FEMA). SW, Washington, DC 20416 changes to existing regulations and Phone: 202 205–7192 establish three new programs: The Timetable: Fax: 202 292–3778 Private Disaster Loan program, the Action Date FR Cite Email: [email protected] Immediate Disaster Assistance program, and the Expedited Disaster Assistance NPRM 06/00/09 RIN: 3245–AF88
Small Business Administration (SBA) Final Rule Stage
287. LENDER OVERSIGHT PROGRAM Action Date FR Cite conditions, and personnel practices within the small business community. Legal Authority: 15 USC Interim Final Rule 03/11/09 634(b)(6),(b)(7),(b)(14),(h), and note; Comment Period Timetable: 687(f),697(e)(c)(8), and 650. End Abstract: This rule implements the Interim Final Rule 01/12/09 Action Date FR Cite Small Business Administration’s (SBA) Effective NPRM 01/26/07 72 FR 3750 Final Action 12/00/09 statutory authority under the Small NPRM Comment 02/26/07 Business Reauthorization and Regulatory Flexibility Analysis Period End Manufacturing Assistance Act of 2004 Required: Yes Final Action 02/00/10 (Reauthorization Act) to regulate Small Agency Contact: Bryan Hooper, Business Lending Companies (SBLCs) Regulatory Flexibility Analysis Director, Office of Credit Risk and non-federally regulated lenders Required: Yes Management, Small Business (NFRLs). It also would conform SBA Administration, 409 3rd Street SW, rules to various changes in the section Agency Contact: Mariana Pardo, Washington, DC 20416 7(a) Business Loan Program and the Acting Director, Office of Hubzone, Phone: 202 205–3049 Certified Development Company (CDC) Small Business Administration, 409 3rd Fax: 202 205–6831 Program. Street SW, Washington, DC 20416 Email: [email protected] In particular, this rule (1) Defines Phone: 202 205–2985 RIN: 3245–AE14 SBLCs and NFRLs; (2) clarifies SBA’s Email: [email protected] authority to regulate SBLCs and NFRLs; RIN: 3245–AF44 (3) authorizes SBA to set certain 288. DEFINITION OF ‘‘EMPLOYEE’’ minimum capital standards for SBLCs, FOR PURPOSES OF THE HUBZONE to issue cease and desist orders, and PROGRAM 289. ∑ WOMEN–OWNED SMALL revoke or suspend lending authority of Legal Authority: 15 USC 657 (a) BUSINESS FEDERAL CONTACT SBLCs and NFRLs; (4) establishes the ASSISTANCE PROCEDURES— Bureau of Premier Certified Lender Abstract: The purpose of this final rule ELIGIBLE INDUSTRIES Program Oversight in the Office of is to amend the definition of Credit Risk management; (5) transfers ‘‘employee’’ under 13 CFR 126.103. The Legal Authority: Not Yet Determined existing SBA enforcement authority definition of ‘‘employee’’ in part 126 over CDCs from the Office of Financial is relevant to SBA’s determination of Abstract: The U.S. Small Business Assistance to the appropriate official in whether a concern is eligible for Administration (SBA) is prohibited the Office of Capital Access; and (6) certification as a HUBZone small from using funding in Fiscal Year 2009 defines SBA’s oversight and business concern. On May 13, 2004, to implement the program relating to enforcement authorities relative to all SBA issued an Advance Notice of Women-Owned Small Business (WOSB) SBA lenders participating in the 7(a) Proposed Rulemaking requesting Federal Contract Assistance Procedures and CDC programs and intermediaries comments on, among other things, published on October 1, 2008, but the in the Microloan program. specific issues related to the definition Omnibus Appropriations Act, 2009, of ‘‘employee,’’ including the status of Div. D, title V, section 522 (March 11, Timetable: part-time, leased, and temporary 2009). SBA plans to withdraw this Action Date FR Cite employees, and the use of the term proposed rule and promulgate a new NPRM 10/31/07 72 FR 61752 ‘‘full-time equivalent’’ in the definition rule in order to establish and NPRM Comment 12/20/07 72 FR 72264 of ‘‘employee.’’ After careful implement and effective WOSB Period Extended consideration of the comments procurement program. SBA is NPRM Comment 02/29/08 received, SBA has decided to amend committed to moving forward to Period End the definition of ‘‘employee’’ to reflect implement a successful WOSB Interim Final Rule 12/11/08 73 FR 75498 current business operations, market procurement program.
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SBA Final Rule Stage
Timetable: 290. ∑ IMPLEMENTATION OF the maximum leverage limits for small Action Date FR Cite AMERICAN RECOVERY AND business investment companies, and REINVESTMENT ACT OF 2009 will increase the maximum contract NPRM 10/01/08 73 FR 57014 Legal Authority: 15 USC 636; 15 USC amount in the Surety Bond Guarantee NPRM Comment 10/31/08 program. Period End 683(b); 15 USC 686(a); 15 USC 695,697 Reopening of 01/12/09 74 FR 1153 Abstract: SBA plans to issue Timetable: Comment Period regulations to implement the American Action Date FR Cite Comment Period End 03/13/09 Recovery and Reinvestment Act of Withdrawal and New 07/00/09 2009. The new regulations will make Interim Final Rule 04/00/09 Rule conforming changes to existing regulations and establish several new Regulatory Flexibility Analysis Regulatory Flexibility Analysis programs. These programs include a Required: Yes Required: Yes secondary market guarantee program Agency Contact: Eric R Zarnikow, Agency Contact: Dean R. Koppel, for 504 first mortgages, a refinancing Associate Administrator, Office of Assistant Administrator, Office of program for community development Capital Access, Small Business Policy, Planning, and Liaison, Small loans, a business stabilization loan Administration, 409 3rd Street SW, Business Administration, 409 3rd Street program for small businesses Washington, DC 20416 SW, Washington, DC 20416 experiencing immediate financial Phone: 202 205–6657 Phone: 202 205–7322 hardship, and a program to make loans Fax: 202 481–0797 Fax: 202 481–1540 to systemically important SBA Email: [email protected] secondary market broker-dealers. In RIN: 3245–AF80 addition, new regulations will increase RIN: 3245–AF89
Small Business Administration (SBA) Completed Actions
291. SMALL BUSINESS SIZE Regulatory Flexibility Analysis calculating an average number of STANDARDS; SUPPORT ACTIVITIES Required: Yes employees. The current method uses a FOR AIR TRANSPORTATION Agency Contact: Gary M. Jackson rolling average of the pay periods over the preceding 12 months. Legal Authority: 15 USC 632(a) Phone: 202 205–6618 Fax: 202 205–6390 Completed: Abstract: This rule revises the $6.5 Email: [email protected] Reason Date FR Cite million small business size standard RIN: 3245–AF29 applicable to airport operations and Withdrawn 02/27/09 other support activities for air Regulatory Flexibility Analysis transportation. This rule was developed 292. SMALL BUSINESS SIZE Required: Yes after an internal review conducted by STANDARDS; CALCULATION OF THE SBA suggested that the size standard NUMBER OF EMPLOYEES Agency Contact: Gary M. Jackson did not reflect the structural Legal Authority: 15 USC 632 Phone: 202 205–6618 characteristics of firms in this industry. Fax: 202 205–6390 Abstract: The U.S. Small Business Email: [email protected] Completed: Administration proposes a technical change to the manner in which it RIN: 3245–AF60 Reason Date FR Cite calculates the number of employees to [FR Doc. E9–10264 Filed 05–08–09; 8:45 am] Withdrawn 02/26/09 determine a firm’s small business size BILLING CODE 8025–01–S status by revising the method for
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Part XVI
Department of Defense General Services Administration National Aeronautics and Space Administration Federal Acquisition Regulation; Semiannual Regulatory Agenda
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DEPARTMENT OF DEFENSE/GENERAL SERVICES ADMINISTRATION/NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (FAR)
DEPARTMENT OF DEFENSE compliance with Executive Order 12866 FOR FURTHER INFORMATION CONTACT: Ms. ‘‘Regulatory Planning and Review.’’ Hada Flowers, Supervisor, Regulatory GENERAL SERVICES This agenda is being published to allow Secretariat Division, 1800 F Street, NW, ADMINISTRATION interested persons an opportunity to Room 4041, Washington, DC 20405, participate in the rulemaking process. (202) 501-4755. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION The Regulatory Secretariat Division SUPPLEMENTARY INFORMATION: DoD, GSA, has attempted to list all regulations and NASA, under their several statutory 48 CFR Ch. 1 pending at the time of publication, authorities, jointly issue and maintain except for minor and routine or the FAR through periodic issuance of Semiannual Regulatory Agenda repetitive actions; however, changes published in the Federal unanticipated requirements may result AGENCIES: Department of Defense (DoD), Register and are produced electronically General Services Administration (GSA), in the issuance of regulations that are as Federal Acquisition Circulars (FACs). and National Aeronautics and Space not included in this agenda. There is no Administration (NASA). legal significance to the omission of an The electronic version of the FAR, item from this listing. Also, the dates including changes, can be accessed on ACTION: Semiannual regulatory agenda. shown for the steps of each action are the FAR website at estimated and are not commitments to http://www.acquisition.gov/far. SUMMARY: This agenda provides act on or by the dates shown. summary descriptions of regulations Published proposed rules may be Dated: February 25, 2009. being developed by the Civilian Agency reviewed in their entirety at the Rodney P. Lantier, Acquisition Council and the Defense Government’s rulemaking website at Acting Senior Procurement Executive, Acquisition Regulations Council in http://www.regulations.gov. Office of the Chief Acquisition Officer. DOD/GSA/NASA (FAR)—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
293 FAR Case 2006-005, HUBZone Program Revisions ...... 9000–AL18
DOD/GSA/NASA (FAR)—Final Rule Stage
Regulation Sequence Title Identifier Number Number
294 FAR Case 2009-009, American Recovery and Reinvestment Act—Reporting Requirements ...... 9000–AL21
DOD/GSA/NASA (FAR)—Long-Term Actions
Regulation Sequence Title Identifier Number Number
295 FAR Case 2006-034, Socioeconomic Program Parity ...... 9000–AK92
DOD/GSA/NASA (FAR)—Completed Actions
Regulation Sequence Title Identifier Number Number
296 FAR Case 2006-032, Small Business Size Rerepresentation ...... 9000–AK78 297 FAR Case 2001-004, Exemption of Certain Service Contracts From the Service Contract Act (SCA) ...... 9000–AK82 298 FAR Case 2006-030, Electronic Products Environmental Assessment Tool ...... 9000–AK85
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DEPARTMENT OF DEFENSE/GENERAL SERVICES ADMINISTRATION/NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (FAR) Proposed Rule Stage
293. ∑ FAR CASE 2006–005, HUBZONE regulations. This was not a significant Regulatory Flexibility Analysis PROGRAM REVISIONS regulatory action and, therefore, was Required: Yes not subject to review under section 6 Legal Authority: 40 USC 121(c); 10 of Executive Order 12866, Regulatory Agency Contact: Hada Flowers, USC ch 137; 42 USC 2473(c) Planning and Review, dated September Supervisor, Regulatory Secretariat, Abstract: The Civilian Agency 30, 1993. This rule is not a major rule DOD/GSA/NASA (FAR), Room 4041, Acquisition Council and the Defense under 5 U.S.C. 804. 1800 F Street NW, Washington, DC Acquisition Regulations Council Timetable: 20405 (Councils) are proposing to amend the Phone: 202 208–7282 Federal Acquisition Regulation (FAR) Action Date FR Cite Fax: 202 501–4067 to implement revisions to the Small NPRM 04/13/09 74 FR 16823 Email: [email protected] Business Administration’s HUBZone NPRM Comment 06/12/09 Program as a result of revisions to the Period End RIN: 9000–AL18 Small Business Administration’s Final Rule To Be Determined
DEPARTMENT OF DEFENSE/GENERAL SERVICES ADMINISTRATION/NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (FAR) Final Rule Stage
294. ∑ FAR CASE 2009–009, significant regulatory action and, Regulatory Flexibility Analysis AMERICAN RECOVERY AND therefore, was subject to Office of Required: Yes REINVESTMENT ACT—REPORTING Management and Budget (OMB) review REQUIREMENTS under section 6(b) of Executive Order Agency Contact: Hada Flowers, Supervisor, Regulatory Secretariat, Legal Authority: 40 USC 121(c); 10 12866 ‘‘Regulatory Planning and USC ch 137; 42 USC 2473(c) Review,‘‘ dated September 30, 1993. DOD/GSA/NASA (FAR), Room 4041, This rule is not a major rule under 5 1800 F Street NW, Washington, DC Abstract: The Civilian Agency U.S.C. 804. 20405 Acquisition Council and the Defense Phone: 202 208–7282 Acquisition Regulations Council (the Timetable: Fax: 202 501–4067 Councils) are issuing an interim rule amending the Federal Acquisition Action Date FR Cite Email: [email protected] Regulation (FAR) to implement section Interim Final Rule 03/31/09 74 FR 14639 RIN: 9000–AL21 1512 of the American Recovery and Interim Final Rule 06/01/09 Reinvestment Act of 2009, which Comment Period requires contractors to report on their End use of Recovery Act funds. This is a Final Action 12/00/09
DEPARTMENT OF DEFENSE/GENERAL SERVICES ADMINISTRATION/NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (FAR) Long-Term Actions
295. FAR CASE 2006–034, relationship among various small Agency Contact: Hada Flowers, SOCIOECONOMIC PROGRAM PARITY business programs. Supervisor, Regulatory Secretariat, DOD/GSA/NASA (FAR), Room 4041, Legal Authority: 40 USC 121(c); 10 Timetable: 1800 F Street NW, Washington, DC USC ch 137; 42 USC 2473(c) Action Date FR Cite 20405 Abstract: This rule proposes to amend NPRM 03/10/08 73 FR 12699 Phone: 202 208–7282 the Federal Acquisition Regulation to NPRM Comment 05/09/08 Fax: 202 501–4067 Period End ensure that the FAR reflects the Small Email: [email protected] Business Administration’s (SBA) Next Action Undetermined interpretation of the Small Business Act Regulatory Flexibility Analysis RIN: 9000–AK92 and SBA regulations with regard to the Required: Yes
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DEPARTMENT OF DEFENSE/GENERAL SERVICES ADMINISTRATION/NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (FAR) Completed Actions
296. FAR CASE 2006–032, SMALL 297. FAR CASE 2001–004, final, without change, the interim rule BUSINESS SIZE REREPRESENTATION EXEMPTION OF CERTAIN SERVICE published in the Federal Register at 72 CONTRACTS FROM THE SERVICE FR 73215, December 26, 2007. The Legal Authority: 40 USC 121(c); 10 CONTRACT ACT (SCA) interim rule amended the Federal USC ch 137; 42 USC 2473(c) Legal Authority: 40 USC 121(c); 10 Acquisition Regulation (FAR) to Abstract: The Civilian Agency USC ch 137; 42 USC 2473(c) provide regulations for purchasing Acquisition Council and the Defense Abstract: The Civilian Agency environmentally preferable products Acquisition Regulations Council Acquisition Council and the Defense and services when acquiring personal (Councils) have agreed on a final rule Acquisition Regulations Council computer products such as desktops, amending the Federal Acquisition (Councils) have agreed to adopt as notebooks (also known as laptops) and Regulation (FAR) to implement the final, with changes, the interim rule monitors with the use of the Electronic Small Business Administration’s (SBA) that amending the Federal Acquisition Products Environmental Assessment final rule published on November 15, Regulation (FAR) to revise the current Tool (EPEAT) pursuant to the Energy 2006 (71 FR 66434) entitled, Small SCA exemption and to add a SCA Policy Act of 2005 and Executive Order Business Size Regulations; Size for exemption for contracts for certain 13423, Strengthening Federal Purposes of Governmentwide additional services that meet specific Environmental, Energy, Transportation Acquisition Contracts, Multiple Award criteria. This was not a significant Management. This was not a significant Schedule Contracts and Other Long- regulatory action and, therefore, was regulatory action and, therefore, was Term Contracts; 8(a) Business not subject to review under section 6 not subject to review under section 6 of Executive Order 12866, Regulatory Development/Small Disadvantaged of Executive Order 12866, Regulatory Planning and Review, dated September Business; Business Status Planning and Review, dated September 30, 1993. This rule is not a major rule Determinations. The purpose of the 30, 1993. This rule is not a major rule under 5 U.S.C. 804. SBA rule is to improve the accuracy under 5 U.S.C. 804. Completed: of small business size status reporting Completed: over the life of certain contracts. This Reason Date FR Cite Reason Date FR Cite is a significant regulatory action and, Final Rule 01/15/09 74 FR 2724 therefore, was subject to Office of Final Rule Effective 02/17/09 Final Rule 01/15/09 74 FR 2740 Management and Budget review under Final Rule Effective 02/17/09 section 6 of Executive Order 12866, Regulatory Flexibility Analysis Required: Yes Regulatory Planning and Review, dated Regulatory Flexibility Analysis September 30, 1993. This rule is not Agency Contact: Hada Flowers Required: Yes a major rule under 5 U.S.C. 804. Phone: 202 208–7282 Fax: 202 501–4067 Agency Contact: Hada Flowers Completed: Email: [email protected] Phone: 202 208–7282 Reason Date FR Cite RIN: 9000–AK82 Fax: 202 501–4067 Email: [email protected] Final Action 03/19/09 74 FR 11821 Final Rule Effective 04/20/09 298. FAR CASE 2006–030, RIN: 9000–AK85 ELECTRONIC PRODUCTS [FR Doc. E9–10265 Filed 05–08–09; 8:45 am] Regulatory Flexibility Analysis ENVIRONMENTAL ASSESSMENT Required: Yes TOOL BILLING CODE 6820–EP–S Agency Contact: Hada Flowers Legal Authority: 40 USC 121(c); 10 Phone: 202 208–7282 USC ch 137; 42 USC 2473(c) Fax: 202 501–4067 Abstract: The Civilian Agency Email: [email protected] Acquisition Council and the Defense Acquisition Regulations Council RIN: 9000–AK78 (Councils) have agreed to adopt as
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Part XVII
Federal Communications Commission Semiannual Regulatory Agenda
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FEDERAL COMMUNICATIONS COMMISSION (FCC)
FEDERAL COMMUNICATIONS To help keep the public informed of to generate ideas on a given topic. A COMMISSION significant rulemaking proceedings, the comment period is specified during Commission has prepared a list of which all interested parties may submit 47 CFR Ch. I important proceedings now in progress. comments. The General Services Administration Unified Agenda of Federal Regulatory publishes the Unified Agenda in the Notice of Proposed Rulemaking and Deregulatory Actions-Spring 2009 Federal Register in the spring and fall (NPRM)—issued by the Commission when it is proposing a specific change AGENCY: Federal Communications of each year. to Commission rules and regulations. Commission. The following terms may be helpful in Before any changes are actually made, ACTION: Semiannual regulatory agenda. understanding the status of the interested parties may submit written proceedings included in this report: comments on the proposed revisions. SUMMARY: Twice a year, in spring and Docket Number—assigned to a Further Notice of Proposed fall, the Commission publishes in the proceeding if the Commission has Rulemaking (FNPRM)—issued by the Federal Register a list in the Unified issued either a Notice of Proposed Commission when additional comment Agenda of those major items and other Rulemaking or a Notice of Inquiry in the proceeding is sought. significant proceedings under concerning the matter under development or review that pertain to consideration. The Commission has Memorandum Opinion and Order the Regulatory Flexibility Act. See 5 used docket numbers since January 1, (MO&O)—issued by the Commission to U.S.C. 602. The Unified Agenda also 1978. Docket numbers consist of the last deny a petition for rulemaking, provides the Code of Federal two digits of the calendar year in which conclude an inquiry, modify a decision, Regulations citations and legal the docket was established plus a or address a petition for reconsideration authorities that govern these sequential number that begins at 1 with of a decision. proceedings. the first docket initiated during a Rulemaking (RM) Number—assigned ADDRESSES: Federal Communications calendar year (e.g., Docket No. 96-1 or to a proceeding after the appropriate Commission, 445 12th Street SW., Docket No. 99-1). The abbreviation for bureau or office has reviewed a petition Washington, DC 20554. the responsible bureau usually precedes for rulemaking, but before the the docket number, as in ‘‘MM Docket FOR FURTHER INFORMATION CONTACT: Commission has taken action on the No. 96-222,’’ which indicates that the Maura McGowan, Telecommunications petition. responsible bureau is the Mass Media Specialist, Federal Communications Bureau (now the Media Bureau). A Report and Order (R&O)—issued by Commission, 445 12th Street SW., docket number consisting of only five the Commission to state a new or Washington, DC 20554; (202) 418-0990. digits (e.g., Docket No. 29622) indicates amended rule or state that the SUPPLEMENTARY INFORMATION: that the docket was established before Commission rules and regulations will Unified Agenda of Major and Other January 1, 1978. not be revised. Significant Proceedings Notice of Inquiry (NOI)—issued by William F. Caton, The Commission encourages public the Commission when it is seeking Deputy Secretary, Federal Communications participation in its rulemaking process. information on a broad subject or trying Commission. CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU—Long-Term Actions
Regulation Sequence Title Identifier Number Number
299 Policies and Rules Governing Interstate Pay-Per-Call and Other Information Services Pursuant to the Tele- communications Act of 1996 (CC Docket Nos. 96-146, 93-22) ...... 3060–AG42 300 Implementation of the Subscriber Selection Changes Provision of the Telecommunications Act of 1996 (CC Dock- et No. 94-129) ...... 3060–AG46 301 Implementation of the Telecommunications Act of 1996; Access to Telecommunications Service, Telecommuni- cations Equipment and Customer Premises Equipment by Persons With Disabilities ...... 3060–AG58 302 In the Matter of the Telecommunications Relay Services, the Americans With Disabilities Act of 1990, and the Telecommunications Act of 1996 (CC Docket No. 90-571) ...... 3060–AG75 303 Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991 (CG Docket No. 02-278) ...... 3060–AI14 304 Rules and Regulations Implementing Section 225 of the Communications Act (Telecommunications Relay Serv- ice) (CG Docket No. 03-123) ...... 3060–AI15 305 Rules and Regulations Implementing the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CG Docket No. 04-53) ...... 3060–AI20 306 Rules and Regulations Implementing Minimum Customer Account Record Exchange (CARE) Obligations on All Local and Interexchange Carriers (CG Docket No. 02-386) ...... 3060–AI58 307 Truth in Billing and Billing Format ...... 3060–AI61 308 Closed Captioning of Video Programming (Section 610 Review) ...... 3060–AI72
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CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU—Completed Actions
Regulation Sequence Title Identifier Number Number
309 Telecommunications Relay Services (TRS) and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities, Americans With Disabilities Act of 1990 (ADA) ...... 3060–AG76
OFFICE OF ENGINEERING AND TECHNOLOGY—Long-Term Actions
Regulation Sequence Title Identifier Number Number
310 Revision of the Rules Regarding Ultra-Wideband Transmission ...... 3060–AH47 311 New Advanced Wireless Services (ET Docket No. 00-258) ...... 3060–AH65 312 Transfer of the 3650 Through 3700 MHz Band From Federal Government Use (WT Docket No. 05-96; ET Docket No. 02-380) ...... 3060–AH75 313 Exposure to Radiofrequency Electromagnetic Fields ...... 3060–AI17 314 Unlicensed Operation of the 3650-3700 Band (ET Docket No. 04-151) ...... 3060–AI50 315 Unlicensed Operation in the TV Broadcast Bands (ET Docket No. 04-186) ...... 3060–AI52 316 Unlicensed Devices and Equipment Approval (ET Docket No. 03-201) ...... 3060–AI54
INTERNATIONAL BUREAU—Long-Term Actions
Regulation Sequence Title Identifier Number Number
317 Streamlining the Commission’s Rules and Regulations for Satellite Application and Licensing Procedures (IB Docket No. 95-117) ...... 3060–AD70 318 Establishing Rules and Policies for the Use of Spectrum for Mobile Satellite Service in the L-Band (IB Docket No. 96-132) ...... 3060–AF89 319 Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310-2360 MHz Frequency Band (IB Docket No. 95-91; GEN Docket No. 90-357) ...... 3060–AF93 320 Allocate & Designate: Spec for Fixed-Sat Srv (37.5-38.5, 40.5-41.5 & 48.2-50.2 GHz Bands); Allocate: Fixed & Mobile 40.5-42.5 GHz; Wireless 46.9-47 GHz; Gov Oper 37-38 & 40-40.5 GHz (IB Docket No. 97) ...... 3060–AH23 321 Space Station Licensing Reform (IB Docket No. 02-34) ...... 3060–AH98 322 Mitigation of Orbital Debris (IB Docket No. 02-54) ...... 3060–AI06 323 Amendment of the Commission’s Rules (IB Docket No. 04-47) ...... 3060–AI41 324 Reporting Requirements for U.S. Providers of International Telecommunications Services (IB Docket No. 04-112) 3060–AI42 325 Review of the Spectrum Sharing Plan Among Non-Geostationary Satellite Orbit Mobile Satellite Service Systems in the 1.6/2.4 GHz Bands (IB Docket No. 02-364) ...... 3060–AI44 326 Amendment of the Commission’s Rules To Allocate Spectrum and Adopt Service Rules and Procedures To Gov- ern the Use of Vehicle-Mounted Earth Stations (IB Docket No. 07-101) ...... 3060–AI90
MEDIA BUREAU—Long-Term Actions
Regulation Sequence Title Identifier Number Number
327 Cable Television Rate Regulation ...... 3060–AF41 328 Cable Television Rate Regulation: Cost of Service ...... 3060–AF48 329 Cable Home Wiring ...... 3060–AG02 330 Competitive Availability of Navigation Devices (CS Docket No. 97-80) ...... 3060–AG28 331 Cable Horizontal and Vertical Ownership Limits (MM Docket No. 92-264) ...... 3060–AH09 332 Digital Audio Broadcasting Systems (MM Docket No. 99-325) ...... 3060–AH40 333 Second Periodic Review of Rules and Policies Affecting the Conversion to DTV ...... 3060–AH54 334 Direct Broadcast Public Interest Obligations (MM Docket No. 93-25) ...... 3060–AH59 335 Revision of EEO Rules and Policies (MM Docket No. 98-204) ...... 3060–AH95 336 Broadcast Multiple and Cross-Ownership Limits ...... 3060–AH97 337 Establishment of Rules for Digital Low Power Television, Television Translator, and Television Booster Stations (MB Docket No. 03-185) ...... 3060–AI38
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MEDIA BUREAU—Long-Term Actions (Continued)
Regulation Sequence Title Identifier Number Number
338 Joint Sales Agreements in Local Television Markets (MB Docket No. 04-256) ...... 3060–AI55 339 Significantly Viewed Out-of-Market Broadcast Stations (MB Docket No. 05-49) ...... 3060–AI56 340 Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of Li- cense in the Radio Broadcast Services (MB Docket No. 05-210) ...... 3060–AI63 341 Digital Television Distributed Transmission System Technologies (MB Docket No. 05-312) ...... 3060–AI68 342 Implementation of the Cable Communications Policy Act of 1984 as Amended by the Cable Television Consumer Protection and Competition Act of 1992 ...... 3060–AI69 343 Program Access Rules—Sunset of Exclusive Contracts Prohibition and Examination of Programming Tying Ar- rangements; (MB Docket Nos. 07-29, 07-198) ...... 3060–AI87 344 Third Periodic Review of the Commission’s Rules and Policies Affecting the Conversion to Digital Television (MB Docket No. 07-91) ...... 3060–AI89 345 DTV Consumer Education Initiative (MB Docket No. 07-148) ...... 3060–AI96 346 Broadcast Localism (MB Docket No. 04-233) ...... 3060–AJ04 347 Creating a Low Power Radio Service (MM Docket NO. 99-25) ...... 3060–AJ07 348 Sponsorship Identification Rules and Embedded Advertising (MB Docket No. 08-90) ...... 3060–AJ10
MEDIA BUREAU—Completed Actions
Regulation Sequence Title Identifier Number Number
349 Digital Broadcast Content Protection (MB Docket No. 02-230) ...... 3060–AI37
OFFICE OF MANAGING DIRECTOR—Long-Term Actions
Regulation Sequence Title Identifier Number Number
350 Assessment and Collection of Regulatory Fees ...... 3060–AI79
PUBLIC SAFETY AND HOMELAND SECURITY BUREAU—Long-Term Actions
Regulation Sequence Title Identifier Number Number
351 Revision of the Rules To Ensure Compatibility With Enhanced 911 Emergency Calling Systems ...... 3060–AG34 352 Enhanced 911 Services for Wireline ...... 3060–AG60 353 In the Matter of the Communications Assistance for Law Enforcement Act ...... 3060–AG74 354 Development of Operational, Technical, and Spectrum Requirements for Public Safety Communications Require- ments ...... 3060–AG85 355 1998 Biennial Regulatory Review—Review of Accounts Settlement in Maritime Mobile and Maritime Mobile-Sat- ellite Radio Services; (IB Docket No. 98-96) ...... 3060–AH30 356 Implementation of 911 Act ...... 3060–AH90 357 Commission Rules Concerning Disruptions to Communications ...... 3060–AI22 358 E911 Requirements for IP-Enabled Service Providers ...... 3060–AI62 359 Recommendations of the Independent Panel Reviewing the Impact of Hurricane Katrina on Communications Net- works ...... 3060–AI78 360 Stolen Vehicle Recovery System (SVRS) ...... 3060–AJ01 361 The Commercial Mobile Alert System ...... 3060–AJ03
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WIRELESS TELECOMMUNICATIONS BUREAU—Long-Term Actions
Regulation Sequence Title Identifier Number Number
362 Amendment of the Commission’s Rules Concerning Maritime Communications ...... 3060–AF14 363 39 GHz Channel Plan ...... 3060–AG16 364 Implementation of the Communications Act, Amendment of the Commission’s Rules—Broadband PCS Competi- tive Bidding and the Commercial Mobile Radio Service Spectrum Cap ...... 3060–AG21 365 Amendment of Part 90 of the Rules To Adopt Regulations for Automatic Vehicle Monitoring Systems ...... 3060–AH12 366 Fixed Satellite Service and Terrestrial System in the Ku-Band ...... 3060–AH17 367 Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to the Commission’s Rules ...... 3060–AH32 368 Implementation of the Communications Act of 1934 as Amended ...... 3060–AH33 369 Amendment of the Rules To License Fixed Services at 24 GHz ...... 3060–AH41 370 Amendment of Parts 13 and 80 of the Commission’s Rules Governing Maritime Communications ...... 3060–AH55 371 Competitive Bidding Procedures ...... 3060–AH57 372 2000 Biennial Regulatory Review Spectrum Aggregation Limits for Commercial Mobile Radio Services ...... 3060–AH81 373 In the Matter of Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Sec- ondary Markets ...... 3060–AH82 374 Reexamination of Roaming Obligations of Commercial Mobile Radio Service Providers ...... 3060–AH83 375 Year 2000 Biennial Review (WT Docket No. 01-108) ...... 3060–AI26 376 Air-Ground Telecommunications Services ...... 3060–AI27 377 Amendments of Various Rules Affecting Wireless Radio Services (WT Docket No. 03-264) ...... 3060–AI30 378 Facilitating the Provision of Spectrum-Based Services to Rural Areas ...... 3060–AI31 379 Improving Public Safety Communications in the 800 MHz Band Industrial/Land Transportation and Business Channels ...... 3060–AI34 380 Review of Part 87 of the Commission’s Rules Concerning Aviation (WT Docket No. 01-289) ...... 3060–AI35 381 Implementation of the Commercial Spectrum Enhancement Act (CSEA) and Modernization of the Commission’s Competitive Bidding Rules and Procedures (WT Docket No. 05-211) ...... 3060–AI88 382 Facilitating the Provision of Fixed and Mobile Broadband Access Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands; Reviewing of the Spectrum Sharing Plan Among Non-Geost ...... 3060–AJ12 383 Amendment of the Rules Regarding Maritime Automatic Identification Systems; WT Docket No. 04-344 ...... 3060–AJ16 384 Service Rules for Advanced Wireless Services in the 2155-2175 MHz Band ...... 3060–AJ19 385 Service Rules for Advanced Wireless Services in the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz Bands ...... 3060–AJ20 386 Rules Authorizing the Operation of Low Power Auxiliary Stations in the 698-806 MHz Band, WT Docket No. 08- 166; Public Interest Spectrum Coalition, Petition for Rulemaking Regarding Low Power Auxiliary ...... 3060–AJ21 387 Amendment of the Commission’s Rules To Improve Public Safety Communications in the 800 MHz Band, and To Consolidate the 800 MHz and 900 MHz Business and Industrial/Land Transportation Pool Channels ...... 3060–AJ22
WIRELESS TELECOMMUNICATIONS BUREAU—Completed Actions
Regulation Sequence Title Identifier Number Number
388 Resale and Roaming Obligations Pertaining to Commercial Mobile Radio Services ...... 3060–AF58 389 Implementation of the Communications Act, Competitive Bidding; 218-219 MHz Competitive Bidding Rules ...... 3060–AG00 390 Multiple Access Systems ...... 3060–AG86 391 Amendment of Part I of the Commission’s Rules—Competitive Bidding Procedures ...... 3060–AG87 392 Amendment to Licensing Low Power Operations in 450-470 MHz Band ...... 3060–AH84 393 Review of Quiet Zones Application Procedures ...... 3060–AH88 394 Reallocation and Service Rules for the 698-746 MHz Spectrum Band (Television Channels 52-59) ...... 3060–AH89 395 Extending Wireless Telecommunications Services to Tribal Lands ...... 3060–AI32 396 Amendment of Commission Rules Concerning Airport Terminal Use Frequencies 450-470 MHz Band of the Pri- vate Land Mobile Radio Services (WT Docket No. 02-318) ...... 3060–AI33 397 Hearing Aid-Compatible Telephones (WT Docket Nos. 01-309 & 06-150) ...... 3060–AI57
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FCC
WIRELINE COMPETITION BUREAU—Long-Term Actions
Regulation Sequence Title Identifier Number Number
398 Implementation of the Universal Service Portions of the 1996 Telecommunications Act ...... 3060–AF85 399 Telecommunications Carriers’ Use of Customer Proprietary Network Information and Other Customer Information 3060–AG43 400 Implementation of the Local Competition Provisions of the Telecommunications Act of 1996 ...... 3060–AG50 401 Local Telephone Networks That LECs Must Make Available to Competitors ...... 3060–AH44 402 2000 Biennial Regulatory Review—Telecommunications Service Quality Reporting Requirements ...... 3060–AH72 403 Access Charge Reform and Universal Service Reform ...... 3060–AH74 404 Numbering Resource Optimization ...... 3060–AH80 405 National Exchange Carrier Association Petition ...... 3060–AI47 406 IP-Enabled Services...... 3060–AI48 407 Consumer Protection in the Broadband Era ...... 3060–AI73 408 Establishing Just and Reasonable Rates for Local Exchange Carriers (WC Docket No. 07-135) ...... 3060–AJ02 409 Jurisdictional Separations...... 3060–AJ06 410 Implementation of NET 911 Improvement Act ...... 3060–AJ09
Federal Communications Commission (FCC) Long-Term Actions Consumer and Governmental Affairs Bureau
299. POLICIES AND RULES Federal Communications Commission, subscriber after such violation. In April GOVERNING INTERSTATE Consumer and Governmental Affairs 2000, the Commission modified the PAY–PER–CALL AND OTHER Bureau, 445 12th Street SW., slamming liability rules by giving INFORMATION SERVICES PURSUANT Washington, DC 20554 victims of slamming adequate redress, TO THE TELECOMMUNICATIONS ACT Phone: 202 418–2512 ensuring that carriers that slam do not OF 1996 (CC DOCKET NOS. 96–146, Email: [email protected] profit from their fraud, and allowing 93–22) RIN: 3060–AG42 States to act as the primary Legal Authority: 47 USC 228 administrator of slamming complaints. In May 2001, the Commission adopted Abstract: The Commission received 300. IMPLEMENTATION OF THE streamlined procedures for the carrier- comments on proposed rules designed SUBSCRIBER SELECTION CHANGES to-carrier sale or transfer of customer to implement the 1996 PROVISION OF THE bases. Telecommunications Act with respect TELECOMMUNICATIONS ACT OF 1996 to information services to prevent (CC DOCKET NO. 94–129) In February 2003, the Commission abusive and deceptive practices by Legal Authority: 47 USC 154; 47 USC adopted a Reconsideration Order and entities that might try to circumvent the 201; 47 USC 258 Second FNPRM. The Reconsideration statutory requirements. The proposed Order addresses, amongst other things, Abstract: In December 1998, the rules address generally the use of the requirement that a carrier’s sales Commission established new rules and dialing sequences other than the 900 agent drop-off a carrier change request policies implementing section 258 of service access code to provide phone call once the customer has been the Communications Act of 1934, as information services. The Commission connected to an independent third amended by the Telecommunications issued an NPRM on these issues July party verifier, and the applicability of Act of 1996, which makes it unlawful 16, 2004. our slamming rules to local exchange for any telecommunications carrier to carriers. In the Second FNPRM, the Timetable: ‘‘submit or execute a change in a Commission sought comment on rule Action Date FR Cite subscriber’s selection of a provider of modifications with respect to third telecommunications exchange service NPRM 07/26/96 61 FR 39107 or telephone toll service except in party verifications. Order 07/26/96 61 FR 39084 accordance with such verification NPRM Comment 09/16/96 On January 4, 2008, the Commission Period End procedures as the Commission shall released an Order that confirmed that Notice to Refresh 03/27/03 68 FR 14939 prescribe.’’ The rules provide, among a LEC that is executing a carrier change Record other things, that any on behalf of another carrier may not Comment Period End 05/27/03 telecommunications carrier that violates re-verify whether the person listed on NPRM 10/15/04 69 FR 61184 such verification procedures and that the change order is actually authorized Next Action Undetermined collects charges for telephone exchange to do so. service or telephone toll service from Regulatory Flexibility Analysis a subscriber shall be liable to the On January 9, 2008, the Commission Required: Yes carrier previously selected by the released a Fourth Report and Order that Agency Contact: Erica H. McMahon, subscriber in an amount equal to 150 modified the slamming rules regarding Chief, Consumer Policy Division, percent of all charges paid by the the content of independent third party
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FCC—Consumer and Governmental Affairs Bureau Long-Term Actions
verifications of a consumer’s intent to Timetable: 302. IN THE MATTER OF THE switch carriers. TELECOMMUNICATIONS RELAY Action Date FR Cite SERVICES, THE AMERICANS WITH Timetable: Notice 03/07/96 61 FR 9164 DISABILITIES ACT OF 1990, AND THE Action Date FR Cite Notice 07/30/96 61 FR 39657 TELECOMMUNICATIONS ACT OF 1996 MO&O on Recon and 08/14/97 62 FR 43493 R&O 08/14/96 61 FR 42181 (CC DOCKET NO. 90–571) FNPRM NOI 09/26/96 61 FR 50465 Legal Authority: 47 USC 151; 47 USC FNPRM Comment 09/30/97 Notice 10/23/96 61 FR 54999 154; 47 USC 225 Period End NPRM 05/22/98 63 FR 28456 Second R&O and 02/16/99 64 FR 7745 Abstract: This item addresses the Notice 10/28/98 63 FR 57686 Second FNPRM requirement that telecommunications First Order on Recon 04/13/00 65 FR 47678 Notice 04/13/99 64 FR 18021 relay services be capable of handling Third R&O and 11/08/00 65 FR 66934 Notice 04/19/99 64 FR 19178 any type of call normally provided by Second Order on Notice 06/02/99 64 FR 29644 common carriers. Recon R&O 11/19/99 64 FR 63235 Timetable: Third FNPRM 01/29/01 66 FR 8093 Further NOI 11/19/99 64 FR 63277 Action Date FR Cite Order 03/01/01 66 FR 12877 Public Notice 07/13/00 65 FR 43372 First R&O and Fourth 06/06/01 66 FR 30334 Public Notice 01/07/02 67 FR 678 NPRM 12/04/90 55 FR 50037 R&O Notice 04/23/02 67 FR 19753 R&O and Request for 08/01/91 56 FR 36729 Second FNPRM 03/17/03 68 FR 19176 Comments Notice 09/06/02 67 FR 57009 Third Order on Recon 03/17/03 68 FR 19152 Order on Recon & 03/03/93 58 FR 12175 Second FNPRM 06/17/03 Notice 10/30/02 67 FR 66154 Second R&O Comment Period Public Notice 07/21/04 69 FR 43586 FNPRM 03/30/93 58 FR 12204 End Notice 07/29/04 69 FR 45318 MO&O 11/28/95 60 FR 58626 First Order on Recon 03/15/05 70 FR 12605 Notice 02/14/05 70 FR 7503 Order 09/08/97 62 FR 47152 & Fourth Order on Notice 04/06/05 70 FR 17456 Second NPRM 04/05/01 66 FR 18059 Recon Public Notice 07/20/05 70 FR 41754 Fifth R&O 02/07/03 68 FR 6352 Fifth Order on Recon 03/23/05 70 FR 14567 Notice 03/29/06 71 FR 15738 R & O (Correction) 02/24/03 68 FR 8553 Order 02/04/08 73 FR 6444 Notice 07/26/06 71 FR 42396 Recon of Fifth R&O 04/04/03 Fourth R&O 03/12/08 73 FR 13144 and Order Comment Public Notice 08/02/06 71 FR 43768 Next Action Undetermined Deadline R&O 08/06/07 72 FR 43546 Public Notice 04/15/03 68 FR 18205 Regulatory Flexibility Analysis Notice 08/06/07 72 FR 43638 Required: Yes Comment Period End 04/30/03 Notice 12/10/07 72 FR 69686 for Petitions for Agency Contact: Nancy Stevenson, Notice 12/11/07 72 FR 70324 Recon Deputy Chief, Consumer Policy Div., Notice 03/06/08 73 FR 12174 Notice 08/27/04 69 FR 52694 Federal Communications Commission, Comment Period End 01/07/08 Petitions for Recon of 09/01/04 69 FR 53346 Consumer and Governmental Affairs Notice/Announcement 03/20/08 73 FR 14941 Fifth R&O Denied Bureau, 445 12th Street SW., of Effective Date Notice 09/01/04 69 FR 53442 Washington, DC 20554 Final Rule: Notice 04/21/08 73 FR 21251 Comment Period End 11/01/04 Phone: 202 418–2512 Removal Public Notice 11/12/04 69 FR 65401 Fax: 202 418–1196 R&O 05/07/08 73 FR 25566 Comment Period End 11/30/04 Notice 12/27/04 69 FR 77246 Email: [email protected] Notice 06/13/08 73 FR 33820 Comment Period End 01/26/05 RIN: 3060–AG46 Public Notice 08/01/08 73 FR 45008 Notice 04/06/05 70 FR 17456 Next Action Undetermined Notice 04/19/06 71 FR 20101 301. IMPLEMENTATION OF THE Regulatory Flexibility Analysis Next Action Undetermined TELECOMMUNICATIONS ACT OF Required: Yes Regulatory Flexibility Analysis 1996; ACCESS TO Required: Yes TELECOMMUNICATIONS SERVICE, Agency Contact: Cheryl J. King, TELECOMMUNICATIONS EQUIPMENT Deputy Chief, Disability Rights Office, Agency Contact: Thomas Chandler, AND CUSTOMER PREMISES Federal Communications Commission, Federal Communications Commission, 445 12th Street SW., Washington, DC EQUIPMENT BY PERSONS WITH Consumer and Governmental Affairs 20554 DISABILITIES Bureau, 445 12th Street SW., Phone: 202 418–1475 Legal Authority: 47 USC 255; 47 USC Washington, DC 20554 Email: [email protected] 251(a)(2) Phone: 202 418–2284 TDD Phone: 202 418–0416 RIN: 3060–AG75 Abstract: This proceeding is initiated Fax: 202 418–0037 to implement the provisions of sections 255 and 251(a)(2) of the Email: [email protected] 303. RULES AND REGULATIONS IMPLEMENTING THE TELEPHONE Communications Act and related RIN: 3060–AG58 sections of the Telecommunications Act CONSUMER PROTECTION ACT of 1996 regarding the accessibility of (TCPA) OF 1991 (CG DOCKET NO. telecommunications equipment and 02–278) services to persons with disabilities. Legal Authority: 47 USC 227
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FCC—Consumer and Governmental Affairs Bureau Long-Term Actions
Abstract: The Commission released a with the National Do-Not-Call Registry impair the development of new Notice of Proposed Rulemaking (NPRM) indefinitely, unless the registration is technology. In this docket, the on September 18, 2002, seeking cancelled by the consumer or the Commission explores ways to improve comment on the rules implementing number is removed by the database emergency preparedness for TRS the Telephone Consumer Protection Act administrator. facilities and services, new TRS of 1991 (TCPA). The NPRM sought Timetable: technologies, public access to comment on the effectiveness of the information and outreach, and issues company-specific do-not-call lists and Action Date FR Cite related to payments from the Interstate whether to revisit the option of NPRM 10/08/02 67 FR 62667 TRS Fund. establishing a national do-not-call list. NPRM Comment 11/29/02 67 FR 71126 Timetable: On July 3, 2003, the Commission Period Extended Action Date FR Cite released a Report and Order Reply Comment 12/26/02 67 FR 78763 establishing, along with the FTC, a Period Extended NPRM 08/25/03 68 FR 50993 national do-not-call registry. The Comment Period End 01/31/03 Public Notice 07/26/04 69 FR 44534 Commission’s Report and Order also FNPRM 04/03/03 68 FR 16250 R&O, Order on Recon 09/01/04 69 FR 53346 adopted rules on the use of predictive Order 07/25/03 68 FR 44144 FNPRM 09/01/04 69 FR 53382 dialers, the transmission of caller ID Order Effective 08/25/03 Public Notice 11/12/04 69 FR 65401 information by telemarketers, and the Order on Recon 08/25/03 68 FR 50978 Comment Period End 12/30/04 sending of unsolicited fax Order 10/14/03 68 FR 59130 Public Notice 01/11/05 70 FR 2360 advertisements. FNPRM 03/31/04 69 FR 16873 Comment Period End 01/19/05 Order 10/08/04 69 FR 60311 On September 21, 2004, the Public Notice 02/17/05 70 FR 8034 Order 10/28/04 69 FR 62816 Commission released an Order adopting Declaratory Ruling/ 02/25/05 70 FR 9239 Order on Recon 04/13/05 70 FR 19330 Interpretation a limited safe harbor period from the Order 06/30/05 70 FR 37705 Comment Period End 03/04/05 prohibition on placing automatic NPRM 12/19/05 70 FR 75102 Public Notice 03/07/05 70 FR 10930 telephone dialing systems or Public Notice 04/26/06 71 FR 24634 Public Notice 03/16/05 70 FR 12884 prerecorded message calls to wireless Order 05/03/06 71 FR 25967 Order 03/23/05 70 FR 14568 numbers when such calls are made to NPRM 12/14/07 72 FR 71099 Public Notice/ 04/06/05 70 FR 17334 numbers that have been recently ported Declaratory Ruling 02/01/08 73 FR 6041 Announcement of from wireline to wireless service. In R&O 07/14/08 73 FR 40183 Date addition, the Commission amended its Comment Period End 05/02/05 existing safe harbor rules for Order on Recon 10/30/08 73 FR 64556 Next Action Undetermined Public Notice 05/11/05 70 FR 24790 telemarketers subject to the do-not-call Comment Period End 05/25/05 registry to require such telemarketers to Regulatory Flexibility Analysis Order 07/01/05 70 FR 38134 access the do-not-call list every 31 Required: Yes Deadline 07/01/05 days, rather than every three months. Agency Contact: Erica H. McMahon, Public Notice 07/13/05 70 FR 38134 On December 9, 2005, the Commission Chief, Consumer Policy Division, Order on Recon 08/31/05 70 FR 51643 released an NPRM proposing to amend Federal Communications Commission, R&O 08/31/05 70 FR 51649 the fax advertising rules to implement Consumer and Governmental Affairs Public Notice 09/07/05 70 FR 53191 the Junk Fax Protection Act of 2005. Bureau, 445 12th Street SW., Order on Clarification 09/14/05 70 FR 54294 On April 5, 2006, the Commission Washington, DC 20554 Notice 09/14/05 70 FR 54381 adopted a Report and Order and Third Phone: 202 418–2512 Comment Period End 10/07/05 Order on Reconsideration amending its Email: [email protected] Order on Clarification 09/14/05 70 FR 54298 facsimile advertising rules. On October RIN: 3060–AI14 Public Notice 10/12/05 70 FR 59346 14, 2008, the Commission released an Public Notice 11/30/05 70 FR 71849 Order on Reconsideration addressing R&O/Order on Recon 12/23/05 70 FR 76208 certain issues raised in petitions for 304. RULES AND REGULATIONS Order 12/28/05 70 FR 76712 reconsideration and/or clarification of IMPLEMENTING SECTION 225 OF THE Order 12/29/05 70 FR 77052 the Report and Order and Third Order COMMUNICATIONS ACT Notice 01/11/06 71 FR 1753 on Reconsideration. (TELECOMMUNICATIONS RELAY Notice 01/11/06 71 FR 1755 On January 4, 2008, the Commission SERVICE) (CG DOCKET NO. 03–123) Comment Period End 01/17/06 released a Declaratory Ruling, clarifying Legal Authority: 47 USC 151; 47 USC Public Notice/Petition 01/18/06 71 FR 2942 that autodialed and prerecorded 154; 47 USC 225 for Rulemaking Withdrawn message calls to wireless numbers that Abstract: This proceeding established NPRM 02/01/06 71 FR 5221 are provided by the called party to a a new docket flowing from the previous Notice 02/01/06 71 FR 5221 creditor in connection with an existing telecommunications relay service (TRS) Comment Period End 02/10/06 debt are permissible as calls made with history, CC Docket No. 98-67. This Comment Period End 03/08/06 the ‘‘prior express consent’’ of the proceeding continues the Commission’s Notice/Announcement 03/15/06 71 FR 13281 called party. inquiry into improving the quality of of Effective Date Following a December 4, 2007 NPRM, TRS and furthering the goal of Notice 03/24/06 71 FR 14893 on June 17, 2008, the Commission functional equivalency, consistent with Public Notice 05/10/06 71 FR 27252 released a Report and Order amending Congress’ mandate that TRS regulations Notice 05/24/06 71 FR 29961 its rules to require sellers and/or encourage the use of existing Declaratory 05/31/06 71 FR 30818 telemarketers to honor registrations technology and not discourage or Ruling/Clarification
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FCC—Consumer and Governmental Affairs Bureau Long-Term Actions
Action Date FR Cite Action Date FR Cite Agency Contact: Julie Saulnier, Deputy Chief, Consumer Policy Div., Federal FNPRM 05/31/06 71 FR 30848 PRA Comment Period 07/16/08 Communications Commission, Declaratory 06/21/06 71 FR 35553 End Consumer and Government Affairs Ruling/Dismissal of Declaratory Ruling 07/08/08 73 FR 38928 Bureau, 445 12th Street SW., Petition R&O 07/18/08 73 FR 41286 Washington, DC 20554 Clarification 06/28/06 71 FR 36690 FNPRM 07/18/08 73 FR 41307 Phone: 202 418–1598 Public Notice 06/28/06 71 FR 36795 Comment Period End 08/25/08 Email: [email protected] Public Notice 06/28/06 71 FR 36796 PRA Comment Period 09/16/08 Public Notice 06/28/06 71 FR 36794 End RIN: 3060–AI20 Declaratory Ruling on 07/06/06 71 FR 38268 Notice 07/18/08 73 FR 41351 Recon PRA Comment Period 09/16/08 Comment Period End 07/17/06 End 306. RULES AND REGULATIONS Comment Period End 07/17/06 Notice/Announcement 07/30/08 73 FR 4417 IMPLEMENTING MINIMUM CUSTOMER Public Notice 08/02/06 71 FR 43768 of Effective Date ACCOUNT RECORD EXCHANGE Order on Recon 08/16/06 71 FR 47141 Public Notice 08/01/08 73 FR 45006 (CARE) OBLIGATIONS ON ALL LOCAL MO&O 08/16/06 71 FR 47145 Comment Period End 09/29/08 AND INTEREXCHANGE CARRIERS Clarification 08/23/06 71 FR 49380 Public Notice 08/05/08 73 FR 45354 (CG DOCKET NO. 02–386) Public Notice 08/22/08 73 FR 49670 FNPRM 09/13/06 71 FR 54009 Legal Authority: 47 USC 151; 47 USC Public Notice 10/10/08 73 FR 60172 FNPRM Comment 10/30/06 154; 47 USC 201 and 202; 47 USC Period End Order 10/23/08 73 FR 63078 303(r) Correction 09/27/06 71 FR 56442 2nd R&O and Order 12/30/08 73 FR 79683 FNPRM Comment 11/13/06 on Recon Abstract: On December 20, 2002, the Period End Next Action Undetermined Commission issued a Public Notice PRA Comment Period 11/13/06 Regulatory Flexibility Analysis directing interested parties to file End Required: Yes comments on issues raised in a petition Final Rule; 02/14/07 72 FR 6960 filed with the Commission by Clarification Agency Contact: Thomas Chandler, Americatel Corporation and on a Notice Comment 04/16/07 Federal Communications Commission, Period End separate petition filed by AT&T, Sprint, 445 12th Street SW., Washington, DC and MCI. The petitions asked the Notice 02/14/07 72 FR 7031 20554 Public Notice 03/01/07 72 FR 9333 Commission to address problems Phone: 202 418–1475 relating to the exchange of customer Notice 03/01/07 72 FR 9332 Email: [email protected] Public Notice 03/07/07 72 FR 10214 account records between local and long RIN: Order 03/14/07 72 FR 11789 3060–AI15 distance telephone service providers. Public Notice 04/12/07 72 FR 18478 On March 25, 2004, the Commission released a Notice of Proposed Notice 04/18/07 72 FR 19501 305. RULES AND REGULATIONS Rulemaking (NPRM) in CG Docket No. Notice 05/02/07 72 FR 24305 IMPLEMENTING THE CONTROLLING 02-386 seeking further comment on the Public Notice 05/16/07 72 FR 27570 THE ASSAULT OF NON–SOLICITED two petitions and seeking comment as Public Notice 05/16/07 72 FR 27569 PORNOGRAPHY AND MARKETING to whether to replace the current Notice 06/06/07 72 FR 31327 ACT OF 2003 (CG DOCKET NO. 04–53) Notice 06/13/07 72 FR 32661 voluntary industry process for the Legal Authority: Public Notice 07/18/07 72 FR 39423 15 USC 7706; 15 USC exchange of customer account R&O 08/06/07 72 FR 43546 7712; PL 108–187 information between local and long Notice 08/06/07 72 FR 43638 Abstract: The Commission has adopted distance service providers with Public Notice 08/16/07 72 FR 46060 rules to protect consumers from mandatory, minimum standards Order 11/01/07 72 FR 61813 unwanted electronic mobile service applicable to all such providers. Public Notice 11/01/07 72 FR 61882 messages to implement the Controlling On February 25, 2005, the Commission Notice 12/11/07 72 FR 70324 the Assault of Non-Solicited released a Report and Order and Public Notice 01/04/08 73 FR 863 Pornography and Marketing Act of Further Notice of Proposed Rulemaking R&O/Declaratory 01/17/08 73 FR 3197 2003. in CG Docket No. 02-386. The Report Ruling Timetable: and Order adopted final rules Notice 01/17/08 73 FR 3253 governing the exchange of customer Order 02/19/08 73 FR 9031 Action Date FR Cite account information between local and Public Notice 02/19/08 73 FR 9118 NPRM 03/31/04 69 FR 16873 long distance telephone service Public Notice 03/27/08 73 FR 16304 NPRM Comment 05/17/04 providers. The Commission adopted Public Notice 04/07/08 73 FR 18796 Period End these rules to help to ensure that Comment Period End 05/22/08 Order 09/16/04 69 FR 55765 consumers’ phone service bills are R&O 04/21/08 73 FR 21252 Order Cross 03/25/05 70 FR 34665 accurate and that their carrier selection Order 04/21/08 73 FR 21347 Referencing Federal requests are honored and executed Order 04/23/08 73 FR 21843 Trade Commission without undue delay. In the Further Public Notice 04/30/08 73 FR 23361 Definitions Notice of Proposed Rulemaking Order 05/15/08 73 FR 28057 Next Action Undetermined (FNPRM), the Commission sought Public Notice 05/23/08 73 FR 26992 Regulatory Flexibility Analysis comment on the need for rules Notice 06/16/08 73 FR 34015 Required: Yes governing the exchange of customer
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FCC—Consumer and Governmental Affairs Bureau Long-Term Actions
account information between local Communications Commission, 445 12th Abstract: The Commission’s closed telephone service providers. Street SW., Washington, DC 20554 captioning rules are designed to make On April 15, 2005, and June 15, 2005, Phone: 202 418–7395 video programming more accessible to a coalition of local and long distance Fax: 202 418–0236 deaf and hard of hearing Americans. carriers proposed minor modifications Email: [email protected] This proceeding resolves some issues and clarifications to section 64.4002 of RIN: 3060–AI58 regarding the Commission’s closed the Commission’s CARE rules. On captioning rules that were raised for August 29, 2005, the Commission comment in 2005, and also seeks released a public notice requesting 307. TRUTH IN BILLING AND BILLING comment on how a certain exemption comment on the coalition’s proposed FORMAT from the closed captioning rules should clarifications and modifications. Notice Legal Authority: 47 USC 201; 47 USC be applied to digital multicast of the proposed changes was published 258 broadcast channels. in the Federal Register on September 7, 2005 (70 FR 53137). The comment Abstract: In 1999, the Commission Timetable: adopted truth-in-billing rules to address cycle established by the August 29 Action Date FR Cite public notice closed October 3, 2005. concerns that there is consumer confusion relating to billing for On September 13, 2006, the NPRM 02/03/97 62 FR 4959 telecommunications services. On March Commission released an Order on R&O 09/16/97 62 FR 48487 18, 2005, the Commission released an Reconsideration adopting the Notice 10/02/97 62 FR 54848 clarifications and technical corrections Order and FNPRM to further facilitate Order on Recon 10/28/98 63 FR 55959 the ability of telephone consumers to to the Report and Order, as proposed Notice 09/29/00 65 FR 58552 make informed choices among by the coalition of carriers. Notice 01/05/01 66 FR 1136 competitive service offerings. On December 21, 2007, the Commission Notice 12/31/03 68 FR 75558 released a Report and Order declining Timetable: Notice 05/11/04 69 FR 26095 to adopt mandatory data exchange Action Date FR Cite NPRM 09/26/05 70 FR 56150 requirements between local exchange Comment Period 11/25/05 70 FR 71077 FNPRM 05/25/05 70 FR 30044 carriers. Extended R&O 05/25/05 70 FR 29979 Comment Period End 12/16/05 Timetable: Next Action Undetermined Notice 09/27/07 72 FR 70324 Action Date FR Cite Regulatory Flexibility Analysis Order on Declaratory 01/13/09 74 FR 1594 NPRM 04/19/04 69 FR 20845 Required: Yes Ruling NPRM Comment 06/18/04 NPRM 01/13/09 74 FR 1654 Period End Agency Contact: Richard D. Smith, Comment Period End 02/27/09 R&O and FNPRM 06/02/05 70 FR 32258 Special Counsel, Federal Next Action Undetermined FNPRM Comment 08/01/05 Communications Commission, Period End Consumer and Governmental Affairs Bureau, 445 12th Street SW., Regulatory Flexibility Analysis Public Notice 08/29/05 70 FR Required: Yes 53137—01 Washington, DC 20554 Public Notice 10/03/05 Phone: 717 338–2797 Agency Contact: Amelia L. Brown, Comment Period Fax: 717 338–2574 Attorney Advisor, Federal End Email: [email protected] Communications Commission, 445 12th Order on Recon 12/13/06 71 FR 74819 R&O 01/08/08 73 FR 1297 RIN: 3060–AI61 Street SW., Washington, DC 20554 Next Action Undetermined Phone: 202 418–2799 TDD Phone: 202 418–7804 Regulatory Flexibility Analysis 308. CLOSED CAPTIONING OF VIDEO Fax: 202 418–0037 Required: Yes PROGRAMMING (SECTION 610 REVIEW) Email: [email protected] Agency Contact: Lisa Boehley, Attorney Advisor, Federal Legal Authority: 47 USC 613 RIN: 3060–AI72
Federal Communications Commission (FCC) Completed Actions Consumer and Governmental Affairs Bureau
309. TELECOMMUNICATIONS RELAY Abstract: Title IV of the ADA requires device. The Commission issued its first SERVICES (TRS) AND the Commission to ensure that TRS is order pursuant to title IV of the ADA SPEECH–TO–SPEECH SERVICES FOR available to the extent possible in the implementing TRS on July 26, 1991, CC INDIVIDUALS WITH HEARING AND most efficient manner to persons with Docket No. 90-571. Since 1991, the SPEECH DISABILITIES, AMERICANS hearing or speech disabilities in the Commission has revisited the WITH DISABILITIES ACT OF 1990 United States. TRS enables an regulations governing TRS on (ADA) individual with a hearing or speech numerous occasions, in part, to make disability to communicate by telephone available to consumers new forms of Legal Authority: 47 USC 151; 47 USC 154; 47 USC 225 or other assistive communication TRS, and to amend the mandatory
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FCC—Consumer and Governmental Affairs Bureau Completed Actions
minimum standards to improve the Action Date FR Cite Action Date FR Cite quality of TRS, consistent with the goal of functional equivalency set forth in Fifth R&O Correction 02/24/03 68 FR 8553 Correction 09/24/04 69 FR 57231 section 225. Through these actions the Public Notice 03/04/03 68 FR 10245 Public Notice 11/15/04 69 FR 64573 Commission has broadly defined TRS Order on Recon 04/06/03 68 FR 18826 Comment Period End 11/30/04 to include any service that enables Public Notice 05/30/03 68 FR 32511 Notice 12/27/04 69 FR 77246 persons with hearing or speech NPRM 06/23/03 68 FR 37158 Public Notice 01/11/05 70 FR 1894 disabilities to use the Public Notice 08/18/03 68 FR 49478 Comment Period End 01/19/05 telecommunications network to Public Notice 08/20/03 68 FR 50146 Public Notice 01/13/05 70 FR 2360 NPRM 08/25/03 68 FR 50993 communicate by wire or radio, and not Public Notice 02/17/05 70 FR 8034 Second R&O and 08/25/03 68 FR 50973 to be limited to either Declaratory Ruling/ 02/25/05 70 FR 9239 Order on Recon Interpretation telecommunications service or services Public Notice 11/07/03 68 FR 63029 that require a TTY. This docket and Public Notice 03/07/05 70 FR 10930 Waiver & Clarification 04/16/03 68 FR 18826 Comment Period End 03/04/05 RIN flow from CC Docket No. 90-571 Notice 04/16/03 68 FR 18828 AND RIN 3060-AG75. Public Notice 03/16/05 70 FR 12884 Comment Period End 04/21/03 Comment Period End 05/02/05 Timetable: Notice 05/29/03 68 FR 32038 Order 03/23/05 70 FR 14568 Action Date FR Cite Public Notice 07/25/03 68 FR 44082 Order on Recon 04/06/05 70 FR 17330 Public Notice 08/04/03 68 FR 45819 Public Notice/ 04/06/05 70 FR 17334 NPRM 05/20/98 63 FR 32798 Notice 08/14/03 68 FR 48609 Announcement of NPRM Comment 09/14/98 Public Notice 08/18/03 68 FR 49478 Date Period End Notice 08/25/03 68 FR 51014 Notice 04/06/05 70 FR 17456 FNPRM 06/21/00 65 FR 38490 Public Notice 09/29/03 68 FR 55955 Public Notice 05/11/05 70 FR 24790 R&O 06/21/00 65 FR 38432 Declaratory Ruling 09/29/03 68 FR 55898 Comment Period End 05/25/05 Public Notice 07/19/01 66 FR 37631 Notice 10/27/03 68 FR 61217 Order 07/01/05 70 FR 38134 Public Notice 08/03/01 66 FR 40666 Comment Period End 10/30/03 Order on Recon 08/31/05 70 FR 51643 Correction Notice 11/30/03 68 FR 62249 R&O 08/31/05 70 FR 51649 Public Notice 08/15/01 66 FR 42858 Public Notice 12/01/03 68 FR 67166 Order/Clarification 09/14/05 70 FR 54294 Public Notice 10/26/01 66 FR 54165 Notice 12/24/03 68 FR 74504 Correction Notice 09/14/05 70 FR 54381 Public Notice 12/31/03 68 FR 75559 MO&O 01/29/02 67 FR 4203 Notice 01/11/06 71 FR 1753 Notice 02/24/04 69 FR 8331 Comment Period End 02/10/06 FNPRM 01/29/02 67 FR 4227 Notice 03/26/04 69 FR 15730 Declaratory Ruling 06/11/02 67 FR 39863 Notice 03/24/06 71 FR 14893 Public Notice 07/26/04 69 FR 44534 Notice 04/19/06 71 FR 20101 FNPRM 06/11/02 67 FR 39929 Notice 07/28/04 69 FR 44970 Public Notice 07/24/02 67 FR 48415 Comment Period End 08/30/04 Regulatory Flexibility Analysis Public Notice 07/29/02 67 FR 49024 R&O and Order on 09/01/04 69 FR 53346 Required: Yes Comment Period End 08/12/02 Recon Agency Contact: Thomas Chandler, Public Notice 08/26/02 67 FR 57641 FNPRM 09/01/04 69 FR 53382 Public Notice 10/31/02 67 FR 66399 Federal Communications Commission, Notice 09/01/04 69 FR 53442 445 12th Street SW., Washington, DC Public Notice 10/31/02 67 FR 66400 Correction 09/17/04 69 FR 55985 Public Notice 10/31/02 67 FR 66397 20554 Comment Period End 11/01/04 Phone: 202 418–1475 Public Notice 12/17/02 67 FR 77272 re: 69 FR 53442 Email: [email protected] Public Notice 01/27/03 68 FR 3880 Comment Period End 11/15/04 Fifth R&O 02/07/03 68 FR 6352 re: 69 FR 53382 RIN: 3060–AG76
Federal Communications Commission (FCC) Long-Term Actions Office of Engineering and Technology
310. REVISION OF THE RULES for a vast array of new applications that operations. In general, this document REGARDING ULTRA–WIDEBAND we believe will provide significant does not make any significant changes TRANSMISSION benefits for public safety, businesses to the existing UWB parameters as the Legal Authority: 47 USC 154; 47 USC and consumers. With appropriate Commission is reluctant to do so until 302 to 304; 47 USC 307; 47 USC 544A technical standards, UWB devices can it has more experience with UWB operate using spectrum occupied by devices. The Commission believes that Abstract: The First Report and Order existing radio services without causing any major changes to the rules for amends the Commission’s rules to interference, thereby permitting scarce existing UWB product categories at this permit the marketing and operation of spectrum resources to be used more early stage would be disruptive to certain types of new products efficiently. current industry product development incorporating Ultra-Wideband (UWB) efforts. technology. UWB devices operate by The Memorandum Opinion and Order employing very narrow or short responded to fourteen petitions for The Further Notice of Proposed duration pulses that result in very large reconsideration that were filed in Rulemaking proposed new rules to or wideband transmission bandwidths. response to the regulations for address issues raised by some of the UWB technology holds great promise unlicensed ultra-wideband (UWB) petitions for reconsideration that were
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outside the scope of the proceeding. including third generations as well as and operational parameters of each New rules were proposed to address future generations of wireless systems. incumbent BRS system that would be issues regarding the operation of low Advanced wireless systems could the subject of relocation. pulse repetition frequency UWB provide for a wide range of voice data The Notice of Proposed Rule Making systems, including vehicular radars, in and broadband services over a variety requested comments on the specific the 3.1-10.6 GHz band; and the of mobile and fixed networks. relocation procedures applicable to operation frequency hopping vehicular The Third Notice of Proposed Broadband Radio Service (BRS) radars in the 22-29 GHz band as UWB Rulemaking discusses the frequency operations in the 2150-2160/62 MHz devices. The Commission also proposed bands that are still under consideration band, which the Commission recently new rules that would establish new in this proceeding and invites decided will be relocated to the newly peak power limits for wideband part additional comments on their restructured 2495-2690 MHz band. The 15 devices that do no operate as UWB disposition. Specifically, it addresses Commission also requested comments devices and proposed to eliminate the the Unlicensed Personal on the specific relocation procedures definition of a UWB device. Communications Service (UPCS) band applicable to Fixed Microwave Service The Second Report and Order and at 1910-1930 MHz, the Multipoint (FS) operations in the 2160-2175 MHz Second Memorandum Opinion and Distribution Service (MDS) spectrum at band. Order responds to two petitions for 2155-2160/62 MHz bands, the Emerging The Office of Engineering and reconsideration that were filed in Technology spectrum, at 2160-2165 Technology (OET) and the Wireless response to the Commission’s decision MHz, and the bands reallocated from Telecommunications Bureau (WTB) set to establish regulations for unlicensed MSS 91990-2000 MHz, 2020-2025 MHz, forth the specific data that Broadband UWB operation. It also responds to the and 2165-2180 MHz. We seek comment Radio Service (BRS) licensees in the rulemaking proposals contained in the on these bands with respect to using 2150-2160/62 MHz band must file Memorandum Opinion and Order and them for paired or unpaired Advance along with the deadline date and Further Notice of Proposed Rulemaking Wireless Service (AWS) operations or procedures for filing this data on the in this docket. The order establishes as relocation spectrum for existing Commission’s Universal Licensing new rules for wideband unlicensed services. System (ULS). The data will assist in devices operating in the 5925-7250 The 7th Report and Order facilitates the determining future AWS licensee’s MHz, 16.2-17.7 GHz, and 22.12-29 GHz introduction of Advanced Wireless relocation obligations. bands. Service (AWS) in the band 1710-1755 The 9th Report and Order established Timetable: MHz—an integral part of a 90 MHz procedures for the relocation of spectrum allocation recently reallocated Action Date FR Cite Broadband Radio Service (BRS) to allow for such new and innovative operations from the 2150-2160/62 MHz NPRM 06/14/00 65 FR 37332 wireless services. We largely adopt the band, as well as for the relocation of NPRM Comment 10/12/00 proposals set forth in our recent AWS Fixed Microwave Service (FS) Period End Fourth NPRM in this proceeding that operations from the 2160-2175 MHz First R&O 05/16/02 67 FR 34852 are designed to clear the 1710-1755 band, and modified existing relocation MO&O 04/22/03 68 FR 19746 MHz band of incumbent Federal procedures for the 2110-2150 MHz and FNPRM 04/22/03 68 FR 19773 Government operations that would Second R&O and 02/09/05 70 FR 6771 2175-2180 MHz bands. It also otherwise impede the development of established cost-sharing rules to Second MO&O new nationwide AWS services. These Next Action Undetermined identify the reimbursement obligations actions are consistent with previous for Advanced Wireless Service (AWS) Regulatory Flexibility Analysis actions in this proceeding and with the and Mobile Satellite Service (MSS) Required: Yes United States Department of Commerce, entrants benefiting from the relocation Agency Contact: John Reed, National Telecommunications and of incumbent FS operations in the Electronics Engineer, Federal Information Administration (NTIA) 2110-2150 MHz and 2160-2200 MHz Communications Commission, Office of 2002 Viability Assessment, which bands and AWS entrants benefiting Engineering and Technology, 445 12th addressed relocation and from the relocation of BRS incumbents Street SW., Washington, DC 20554 reaccommodation options for Federal in the 2150-2160/62 MHz band. The Phone: 202 418–2455 Government operations in the band. Commission continues its ongoing Fax: 202 418–1944 The 8th Report and Order reallocated efforts to promote spectrum utilization Email: [email protected] the 2155-2160 MHz band for Fixed and and efficiency with regard to the RIN: 3060–AH47 Mobile services and designates the provision of new services, including 2155-2175 MHz band for Advanced AWS. The Order dismisses a petition Wireless Service (AWS) use. This for reconsideration filed by the 311. NEW ADVANCED WIRELESS proceeding continues the Commission’s Wireless Communications Association SERVICES (ET DOCKET NO. 00–258) ongoing efforts to promote spectrum International, Inc. (WCA) as moot. Legal Authority: 47 USC 154(i); 47 USC utilization and efficiency with regard to Two petitions for Reconsideration were 157(a); 47 USC 303(c); 47 USC 303(f); the provision of new services, filed in response to the 9th Report and 47 USC 303(g); 47 USC 303(r) including Advanced Wireless Services. Order. Abstract: This proceeding explores the The Order requires Broadband Radio Timetable: possible uses of frequency bands below Service (BRS) licensees in the 2150- 3 GHz to support the introduction of 2160/62 MHz band to provide Action Date FR Cite new advanced wireless services, information on the construction status NPRM 01/23/01 66 FR 7438
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Action Date FR Cite 2002, in ET Docket No. 02-380, the FCC Email: [email protected] sought comment, in part, on the RIN: 3060–AH75 NPRM Comment 03/09/01 possibility of allowing unlicensed Period End devices to operate in the 3650 MHz Final Report 04/11/01 66 FR 18740 band. In April 2004, in ET Docket No. 313. EXPOSURE TO FNPRM 09/13/01 66 FR 47618 04-151, the FCC followed-up on this RADIOFREQUENCY MO&O 09/13/01 66 FR 47591 inquiry by releasing a Notice of ELECTROMAGNETIC FIELDS First R&O 10/25/01 66 FR 53973 Proposed Rulemaking (NPRM) seeking Petition for Recon 11/02/01 66 FR 55666 Legal Authority: 47 USC 151; 47 USC comment on whether the 3650 MHz Second R&O 01/24/03 68 FR 3455 302 and 303; 47 USC 309(j); 47 USC band should be used for unlicensed Third NPRM 03/13/03 68 FR 12015 336 devices or part or all of the band Seventh R&O 12/29/04 69 FR 7793 Abstract: The Notice of Proposed should be used for licensed operations. Petition for Recon 04/13/05 70 FR 19469 Rulemaking (NPRM) proposed Eighth R&O 10/26/05 70 FR 61742 The NPRM proposes to allow amendments to the FCC rules relating Order 10/26/05 70 FR 61742 unlicensed devices to operate in all, or to compliance of transmitters and NPRM 10/26/05 70 FR 61752 part, of the 3650 MHz band at higher facilities with guidelines for human Public Notice 12/14/05 70 FR 74011 power levels than usually permitted for exposure to radio frequency (RF) Ninth R&O and Order 05/24/06 71 FR 29818 unlicensed services. These devices energy. Petition for Recon 07/19/06 71 FR 41022 would be subject to smart (or cognitive) Timetable: Next Action Undetermined requirements and other safeguards Regulatory Flexibility Analysis designed to prevent interference to the Action Date FR Cite Required: Yes licensed FSS earth stations now NPRM 09/08/03 68 FR 52879 Agency Contact: Rodney Small, resident in the band. As with other NPRM Comment 12/08/03 Period End Economist, Federal Communications unlicensed devices, these devices Next Action Undetermined Commission, Office of Engineering and would not be permitted to cause Technology, 445 12th Street SW., interference to licensed services, such Regulatory Flexibility Analysis Washington, DC 20554 as the FSS earth stations, and would Required: Yes Phone: 202 418–2452 have to accept interference. The NPRM also seeks comment on other options Agency Contact: Ira Keltz, Electronics Fax: 202 418–1944 Engineer, Federal Communications Email: [email protected] for the band, including licensed use of the band by fixed and mobile services, Commission, Office of Engineering and RIN: 3060–AH65 or segmenting the 3650 MHz band to Technology, 445 12th Street SW., provide for a combination of Washington, DC 20554 Phone: 202 418–0616 312. TRANSFER OF THE 3650 unlicensed and licensed terrestrial services. The Notice seeks comment on Fax: 202 418–1944 THROUGH 3700 MHZ BAND FROM Email: [email protected] FEDERAL GOVERNMENT USE (WT issues related both to allocation DOCKET NO. 05–96; ET DOCKET NO. changes necessary to set the relative RIN: 3060–AI17 02–380) priority between terrestrial and FSS licensed operations, and to licensing Legal Authority: 314. UNLICENSED OPERATION OF 47 USC 154; 47 USC rule changes necessary to implement THE 3650–3700 BAND (ET DOCKET 157; 47 USC 303; 47 USC 307; 47 USC licensed terrestrial service operations. 332 NO. 04–151) Abstract: This proceeding seeks to Timetable: Legal Authority: 47 USC 154 determine whether the 3650 to 3700 Action Date FR Cite Abstract: The notice of proposed MHz band should be used for NPRM 03/16/00 65 FR 14230 rulemaking proposed to maximize the unlicensed devices or some or all of First R&O and Second 11/17/00 65 FR 69612 efficient use of the 3650-3700 MHz the band should be used for unlicensed NPRM band. The proposal would allow options. Petition for Recon 03/28/01 66 FR 16940 unlicensed devices to operate in either In January 1999, the 3650-3700 MHz R&O 02/27/02 67 FR 17038 all, or portions of, this radiofrequency band (3650 MHz band) was transferred MO&O and Third R&O 05/02/03 68 FR 38635 (RF) band under flexible technical from Government/non-Government Notice of Inquiry 01/21/03 68 FR 2730 limitations with smart/cognitive shared use to a mixed-use band. In NPRM 05/14/04 69 FR 26790 features that should prevent October 2000, in ET Docket No. 98-237, Final Rule 05/11/05 70 FR 24712 interference to licensed satellite the FCC allocated the band to fixed and Final Rule 07/20/05 70 FR 41631 services. The proposal fostered the mobile terrestrial services on a co- MO&O 07/25/07 72 FR 40767 introduction of new and advanced primary basis, but in order to protect Next Action Undetermined services to the American public, grandfathered Fixed Satellite Service especially in rural areas. (FSS) earth stations and Federal Regulatory Flexibility Analysis Required: Yes The Report and Order adopted rules Government radiolocation operations, that provide for nationwide, non- limited the mobile allocation to base Agency Contact: Jeffrey Dygert, exclusive, licensing of terrestrial stations use only. At this same time, Electronics Engineer, Federal operations, utilizing technology with a the FCC proposed licensing and service Communications Commission, 445 12th contention-base protocol, in the 3650- rules for fixed and mobile operations Street SW., Washington, DC 20554 3700 MHz band. The Commission also in the band. Subsequently, in December Phone: 202 418–7300 adopted a streamlined licensing
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mechanism with minimal regulatory current licensing regime, and create Agency Contact: Hugh Van Tuyl, entry requirements that will encourage incentives for the rapid development of Electronics Engineer, Federal multiple entrants and stimulate the broadly compatible contention Communications Commission, Office of rapid expansion of wireless broadband technologies. Engineering and Technology, 445 12th services—-especially in rural American Street SW., Washington, DC 20554 Timetable: and will also serve as a safeguard to Phone: 202 418–7506 protect incumbent satellite earth Action Date FR Cite Fax: 202 418–1944 stations from harmful interference. NPRM 05/14/04 69 FR 26790 Email: [email protected] In the Memorandum Opinion and R&O & MO&O 05/11/05 70 FR 24712 RIN: 3060–AI52 Order, the Commission addressed MO&O 07/25/07 72 FR 40767 several petitions for reconsideration Next Action Undetermined and an emergency motion for stay that 316. UNLICENSED DEVICES AND were filed in response 3650 MHz Regulatory Flexibility Analysis EQUIPMENT APPROVAL (ET DOCKET Allocation Order in ET Docket No. 98- Required: Yes NO. 03–201) 237. Agency Contact: Jeffrey Dygert, Legal Authority: 47 USC 154; 47 USC In light of its full review of the Electronics Engineer, Federal 302(a); 47 USC 303; 47 USC 306 refreshed record in this proceeding, and Communications Commission, 445 12th in light of the decisions made in the Street SW., Washington, DC 20554 Abstract: The Notice of Proposed companion Report and Order, the Phone: 202 418–7300 Rulemaking (NPRM) proposed to Commission denied the aspects of the Email: [email protected] update section 15.247 of the rules to allow the use of more efficient antenna petitions that challenge and seek to RIN: 3060–AI50 reverse the allocation decisions made technologies with unlicensed devices. in the 3650 MHz Allocation Order. The Report and Order updates several 315. UNLICENSED OPERATION IN The Commission denied the motion for technical rules for unlicensed THE TV BROADCAST BANDS (ET stay. When the Commission established radiofrequency devices in part 15 of the DOCKET NO. 04–186) the November 30, 2000, filing deadline, Commission’s rules. The rule changes it did so because it found that Legal Authority: 47 USC 154(i); 47 USC will allow device manufacturers to additional new FSS facilities permitted 302; 47 USC 303(e) and 303(f); 47 USC develop expanded applications for by the Freeze Memorandum Opinion 303(r); 47 USC 307 unlicensed devices and will allow and Order could affect the use of the unlicensed device operators, including Abstract: The Commission adopted 3650-3700 MHz band by the terrestrial Wireless Internet Service providers rules to allow unlicensed radio services. By deciding in this Order to greater flexibility to modify or transmitters to operate in the broadcast maintain the FSS allocation changes substitute parts as long as the overall television spectrum at locations where made in the 3650 MHz Allocation system operation is unchanged. The that spectrum is not being used by Order, the Commission, reaffirmed its changes are part of an ongoing process licensed services (this unused TV conclusion that allowing additional of updating our rules to promote more spectrum is often termed ‘‘white primary FSS earth stations in the 3650 efficient sharing of spectrum used by spaces’’). This action will make a MHz band could negatively affect the unlicensed devices and remove significant amount of spectrum prospects for viable FS/MS terrestrial unnecessary regulations that inhibit available for new and innovative operations. such sharing. The Commission received products and services, including one petition for reconsideration in this The Memorandum Opinion and Order broadband data and other services for proceeding. addressed petitions for reconsideration businesses and consumers. The actions filed in response to the Commission’s taken are a conservative first step that The Second Report and Order amended Report and Order relating to the 3650- includes many safeguards to prevent the Commission’s rules to provide for 3700 MHz band (3650 MHz band) harmful interference to incumbent more efficient equipment authorization proceeding. The Commission affirmed communications services. Moreover, of both existing modular transmitter its previous decisions to create a the Commission will closely oversee devices and emerging partitioned (or spectrum environment that will the development and introduction of ‘‘split’’) modular transmitter devices. encourage multiple entrants and these devices to the market and will These rule changes will benefit stimulate the expansion of broadband take whatever actions may be necessary manufacturers by allowing greater service to rural and under served areas. to avoid, and if necessary correct, any flexibility in certifying equipment and To facilitate rapid deployment in the interference that may occur. providing relief from the need to obtain band, the Commission maintains the a new equipment authorization each previously adopted, non-exclusive Timetable: time the same transmitter is installed licensing scheme. The clarification and Action Date FR Cite in a different final product. The rule modification will facilitate operation of changes will also enable manufacturers NPRM 06/18/04 69 FR 34103 the widest variety of broadband to develop more flexible and more First R&O 11/17/06 71 FR 66876 technologies with minimal risk of advanced unlicensed transmitter FNPRM 11/17/06 71 FR 66897 interference in both the near and long technologies. The Commission further R&O and MO&O 02/17/08 73 FR 7314 terms. They should further reduce the found that modular transmitter devices Next Action Undetermined potential for co-channel interference, authorized in accordance with the provide additional protections to the Regulatory Flexibility Analysis revised equipment authorization multiple users in the band under the Required: Yes procedures will not pose any increased
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risk of interference to other radio between transmission decreases. The ‘‘spectrum etiquette,‘‘ particularly in operations. Commission further seeks comment on the 915 MHz band. alternatives to the etiquette suggested The Further NPRM, seeks comment on Timetable: whether there is a need to require by Cellnet. unlicensed transmitters operating in the The Memorandum Opinion and Order Action Date FR Cite 915 MHz band under sections 15.247 dismissed two petitions for NPRM 09/17/03 68 FR 68823 and 15.249 of the rules to comply with reconsideration of the rules adopted in R&O 09/07/04 69 FR 54027 a spectrum etiquette requirement, and the Report and Order, 69 FR 54027, Petition for Recon 11/19/04 69 FR 67736 the impact that requiring an etiquette September 7, 2004, in this proceeding. Petition for Recon 02/15/05 70 FR 7737 would have on the development and It dismissed a petition for Second R&O 05/23/07 72 FR 28889 operation of unlicensed 915 MHz reconsideration filed by Warren C. FNPRM 08/01/07 72 FR 42011 devices operating under those rule Havens and Telesaurus Holdings GB MO&O 08/01/07 72 FR 41937 sections. The Commission also seeks LLC (Havens) requesting that the Next Action Undetermined comment on the particular etiquette Commission suspend the rule changes suggested by Cellnet that would require adopted for unlicensed devices in the Regulatory Flexibility Analysis digitally modulated spread spectrum 902-928 MHz (915 MHz) band until Required: Yes transmitters operating in the 915 MHz such time as it completes a formal Agency Contact: Hugh Van Tuyl, band under section 15.247 of the rules inquiry with regard to the potential Electronics Engineer, Federal to operate at less than the 1-watt effect of such changes to Location and Communications Commission, Office of maximum power if they are Monitoring Service (LMS) licensees in Engineering and Technology, 445 12th continuously silent less than 90 percent the band. The Commission also Street SW., Washington, DC 20554 of the time within a 0.4 second dismissed a petition for reconsideration Phone: 202 418–7506 interval. This etiquette would require filed by Cellnet Technology (Cellnet) Fax: 202 418–1944 that the maximum permitted power requesting that the Commission adopt Email: [email protected] level decrease in accordance with a spectrum sharing requirements in the specified formula as the silent interval unlicensed bands, for example, a RIN: 3060–AI54
Federal Communications Commission (FCC) Long-Term Actions International Bureau
317. STREAMLINING THE released a Public Notice concerning 318. ESTABLISHING RULES AND COMMISSION’S RULES AND these petitions. The Commission POLICIES FOR THE USE OF REGULATIONS FOR SATELLITE addressed the issues in the Petitions for SPECTRUM FOR MOBILE SATELLITE APPLICATION AND LICENSING Reconsideration in an Order released SERVICE IN THE L–BAND (IB DOCKET PROCEDURES (IB DOCKET NO. on October 10, 2008. NO. 96–132) 95–117) Timetable: Legal Authority: 47 USC 154; 47 USC Legal Authority: 47 USC 4; 47 USC 303; 47 USC 316; 47 USC 403 154; 47 USC 303; 47 USC 554; 47 USC Action Date FR Cite 701 to 744 NPRM 09/09/95 60 FR 46252 Abstract: The Commission has Abstract: On February 10, 1997, the R&O, Recon Pending 02/10/97 62 FR 5924 established licensing policies to govern FCC adopted rules and policies that Public Notice/Petitions 03/26/97 62 FR 14430 mobile-satellite services (MSS) in the L- streamlined the application and for Recon band. Specifically, the Commission has licensing requirements of part 25 of its Next Action Undetermined modified the license of Motient rules, which deals with communication Services, Inc. (Motient), the only U.S. satellites and earth stations. The Regulatory Flexibility Analysis MSS system currently authorized to streamlined rules waived the Required: Yes operate in the L-band, to use up to 20 megahertz of spectrum across the entire construction permit requirement for Agency Contact: Steven Spaeth, satellite space stations, changed the L-band. Previously, Motient was Assistant Division Chief, Federal license term for temporary fixed earth authorized only to operate in the upper Communications Commission, stations; and adjusted or changed the portion of the L-band. In addition, the International Bureau, 445 12th Street rules concerning minor modifications Commission has adopted and SW., Washington, DC 20554 and basic requirements for satellite incorporated into part 25 of the rules service applications. The streamlined Phone: 202 418–1539 specific operational parameters and rules also resulted in the creation of Fax: 202 418–0748 technical requirements to ensure the a new application form, FCC Form 312. Email: [email protected] integrity of maritime distress and safety Form 312 eliminated from the RIN: 3060–AD70 communications service will not be International Bureau’s use of the FCC compromised by MSS operation in the Form 493, FCC Form 430, FCC Form lower portion of the L-band. Petitions 702, and FCC Form 704. Petitions for for reconsideration were filed. Reconsideration were filed in this matter. In March 1997, the Commission
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FCC—International Bureau Long-Term Actions
Timetable: Fax: 202 418–0748 where sufficient spectrum to Action Date FR Cite Email: [email protected] accommodate all the applicants is not RIN: 3060–AF93 available, the Bureau directs the NPRM 06/18/96 61 FR 40772 applicants to negotiate a mutually NPRM Comment 09/23/96 agreeable solution. Those negotiations Period End 320. ALLOCATE & DESIGNATE: SPEC usually take a long time, and delay R&O 08/07/02 67 FR 51105 FOR FIXED–SAT SRV (37.5–38.5, provision of satellite services to the Next Action Undetermined 40.5–41.5 & 48.2–50.2 GHZ BANDS); public. Regulatory Flexibility Analysis ALLOCATE: FIXED & MOBILE The NPRM invites comment on two Required: Yes 40.5–42.5 GHZ; WIRELESS 46.9–47 alternatives for expediting the satellite GHZ; GOV OPER 37–38 & 40–40.5 application process. One alternative is Agency Contact: Andrea Kelly, Chief, GHZ (IB DOCKET NO. 97) Policy Branch, Federal to replace the processing round Communications Commission, Legal Authority: 47 USC 154(i); 47 USC procedure with a ‘‘first-come, first- International Bureau, 445 12th Street 301 and 302; 47 USC 303(e) to 303(g); served’’ procedure that would allow the SW., Washington, DC 20554 47 USC 303(r); 47 USC 304; 47 USC Bureau to issue a satellite license to Phone: 202 418–7877 307 the first party filing a complete, acceptable application. The other Fax: 202 418–0748 Abstract: This item adopts a plan for alternative is to streamline the Email: [email protected] nongovernment operations in the 36.0- processing round procedure by 51.4 GHz portion of the V-band, RIN: 3060–AF89 adopting one or more of the following establishing priorities for different proposals: (1) Placing a time limit on services in different parts of this band. 319. ESTABLISHMENT OF RULES negotiations; (2) establishing criteria to AND POLICIES FOR THE DIGITAL Timetable: select among competing applicants; (3) AUDIO RADIO SATELLITE SERVICE IN Action Date FR Cite dividing the available spectrum evenly among the applicants. THE 2310–2360 MHZ FREQUENCY NPRM 04/04/97 62 FR 16129 BAND (IB DOCKET NO. 95–91; GEN R&O 01/15/99 64 FR 2585 In the First Report and Order in this DOCKET NO. 90–357) Correction 02/08/99 64 FR 6138 proceeding, the Commission Legal Authority: 47 USC 151; 47 USC Correction 02/10/99 64 FR 6565 determined that different procedures 151(i); 47 USC 154(j); 47 USC 157; 47 Notice of Petition for 03/22/99 64 FR 13796 were better-suited for different kinds of USC 309(j) Recon satellite applications. For most Order on Recon 12/01/99 geostationary orbit (GSO) satellite Abstract: The Commission is proposing FNPRM 07/05/01 66 FR 35399 applications, the Commission adopted rules to govern satellite digital audio Second R&O 08/25/04 69 FR 52198 a first-come, first-served approach. For radio services (SDARS). The Next Action Undetermined most non-geostationary orbit (NGSO) Commission adopted service rules for satellite applications, the Commission SDARS in 1997 and sought further Regulatory Flexibility Analysis adopted a procedure in which the comment on proposed rules governing Required: Yes available spectrum is divided evenly the use of complementary terrestrial Agency Contact: Sean O’More, Federal among the qualified applicants. The repeaters. The Commission released a Communications Commission, Commission also adopted measures to second further notice of proposed International Bureau, 445 12th Street discourage applicants from filing rulemaking in January 2008 to consider SW., Washington, DC 20554 speculative applications, including a new proposals for rules governing Phone: 202 418–2453 bond requirement, payable if a licensee terrestrial repeaters and operations of Email: [email protected] misses a milestone. The bond amounts Wireless Communications Service originally were $5 million for each GSO RIN: (WCS) devices in the 2305—2360 MHz 3060–AH23 satellite, and $7.5 million for each band. NGSO satellite system. These were Timetable: 321. SPACE STATION LICENSING interim amounts. Concurrently with the REFORM (IB DOCKET NO. 02–34) First Report and Order, the Commission Action Date FR Cite adopted an FNPRM to determine Legal Authority: 47 USC 154(i); 47 USC whether to revise the bond amounts on NPRM 06/15/95 60 FR 35166 157; 47 USC 303(c); 47 USC 303(g); R&O 03/11/97 62 FR 11083 a long-term basis. FNPRM 04/18/97 62 FR 19095 Abstract: The Commission has adopted In the Second Report and Order, the Second FNPRM 01/15/08 73 FR 2437 a Notice of Proposed Rulemaking Commission adopted a streamlined FNPRM Comment 03/17/08 (NPRM) to streamline its procedures for procedure for certain kinds of satellite Period End reviewing satellite license applications. license modification requests. Next Action Undetermined Currently, the Commission uses processing rounds to review those In the Third Report and Order in this Regulatory Flexibility Analysis applications. In a processing round, proceeding, the Commission adopted a Required: Yes when an application is filed, the standardized application form for Agency Contact: Stephen Duall, International Bureau (Bureau) issues a satellite licenses, and adopted a Attorney, Federal Communications public notice establishing a cut-off date mandatory electronic filing requirement Commission, International Bureau, 445 for other mutually exclusive satellite for certain satellite applications. 12th Street SW., Washington, DC 20554 applications, and then considers all In the Fourth Report and Order in this Phone: 202 418–1103 those applications together. In cases proceeding, the Commission extended
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the mandatory electronic filing raising maneuvers, the use of inclined Agency Contact: David Krech, requirement to all satellite applications. orbits, and orbital longitudinal Attorney Advisor, Federal In the Fifth Report and Order in this tolerance station-keeping requirements. Communications Commission, proceeding, the Commission revised the The Commission indicated that it will International Bureau, 445 12th Street bond amounts based on the record seek further comment on the SW., Washington, DC 20554 developed in response to FNPRM. The application of the Commission’s Phone: 202 418–1460 bond amounts are now $3 million for longitudinal tolerance station-keeping Fax: 202 418–2824 each GSO satellite, and $5 million for requirements for Fixed-Satellite space Email: [email protected] each NGSO satellite system. stations to space stations in the Mobile- RIN: 3060–AI41 Satellite Service and remote sensing Timetable: services. Action Date FR Cite Timetable: 324. REPORTING REQUIREMENTS FOR U.S. PROVIDERS OF NPRM 03/19/02 67 FR 12498 Action Date FR Cite INTERNATIONAL NPRM Comment 07/02/02 TELECOMMUNICATIONS SERVICES Period End NPRM 05/03/02 67 FR 22376 NPRM Comment 08/16/02 (IB DOCKET NO. 04–112) Second R&O (Release 06/20/03 68 FR 62247 Period End Date) Legal Authority: 47 USC 151; 47 USC First R&O 08/27/03 68 FR 59127 Second FNPRM 07/08/03 68 FR 53702 154; 47 USC 161; 47 USC 201 to 205; (Release Date) Second R&O 09/09/04 69 FR 54581 Next Action Undetermined Abstract: FCC is reviewing the Third R&O (Release 07/08/03 68 FR 63994 reporting requirements to which Date) Regulatory Flexibility Analysis carriers providing U.S. international FNPRM 08/27/03 68 FR 51546 Required: Yes services are subject under 47 CFR part First R&O 08/27/03 68 FR 51499 Agency Contact: Stephen Duall, 43. FCC proposes to amend 47 CFR FNPRM Comment 10/27/03 Attorney, Federal Communications Period End 43.61 and 47 CFR 43.82 and to repeal Commission, International Bureau, 445 Fourth R&O (Release 04/16/04 69 FR 67790 47 CFR 43.53. 12th Street SW., Washington, DC 20554 Date) Timetable: Fifth R&O, First Order 07/06/04 69 FR 51586 Phone: 202 418–1103 Action Date FR Cite on Recon (Release Fax: 202 418–0748 Date) Email: [email protected] NPRM 04/12/04 Next Action Undetermined RIN: 3060–AI06 NPRM Comment 08/23/04 69 FR 29676 Regulatory Flexibility Analysis Period End Next Action Undetermined Required: Yes 323. AMENDMENT OF THE Agency Contact: Steven Spaeth, COMMISSION’S RULES (IB DOCKET Regulatory Flexibility Analysis Assistant Division Chief, Federal NO. 04–47) Required: Yes Communications Commission, Legal Authority: 47 USC 34 to 39; 47 Agency Contact: David Krech, International Bureau, 445 12th Street USC 151; 47 USC 161; 47 USC 201 to Attorney Advisor, Federal SW., Washington, DC 20554 205; Communications Commission, Phone: 202 418–1539 International Bureau, 445 12th Street Abstract: FCC amended several rules. Fax: 202 418–0748 SW., Washington, DC 20554 Specifically, FCC: (1) Amended the Email: [email protected] Phone: 202 418–1460 procedures for discontinuing an Fax: 202 418–2824 RIN: 3060–AH98 international service; (2) allowed U.S. Email: [email protected] carriers to resell the U.S.-inbound RIN: 3060–AI42 322. MITIGATION OF ORBITAL service of foreign carriers; and (3) DEBRIS (IB DOCKET NO. 02–54) amended the submarine cable landing licensing procedures compliance with Legal Authority: 47 USC 154(i); 47 USC 325. REVIEW OF THE SPECTRUM the Coastal Zone Management Act of SHARING PLAN AMONG 157(a); 47 USC 303(c); 47 USC 303(f) 1972. The North American Submarine and 303(g); 47 USC 303(r) NON–GEOSTATIONARY SATELLITE Cable Association filed a petition for ORBIT MOBILE SATELLITE SERVICE Abstract: The Commission has adopted reconsideration regarding the SYSTEMS IN THE 1.6/2.4 GHZ BANDS rules that require all entities seeking amendment to the submarine cable (IB DOCKET NO. 02–364) FCC authorization for satellite services licensing procedures. Legal Authority: to address orbital debris mitigation as Timetable: 47 USC 151; 47 USC part of their application for FCC 154; 47 USC 302(a); 47 USC 303(e); Action Date FR Cite authorization. Orbital debris consists of Abstract: This docket involves the artificial objects orbiting the Earth that NPRM 03/22/04 69 FR 13276 spectrum sharing plan for the low earth are not functional spacecraft. In NPRM Comment 06/07/04 orbit satellite systems in the 1.6 GHz addition, the Commission established Period End and 2.4 GHz bands (Big LEOs). In requirements for the removal of R&O 09/25/07 72 FR 54363 November 2007, the Commission geostationary spacecraft from Petition for Recon 01/02/08 73 FR 187 resolved the 1.6 GHz spectrum sharing operational orbits at the end of their Next Action Undetermined plan between Globalstar Inc. and useful lives and amended the Regulatory Flexibility Analysis Iridium Satellite LLC, whereby Commission’s rules regarding orbit- Required: Yes Globalstar will have exclusive MSS use
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of 7.775 megahertz of spectrum at 1610- Regulatory Flexibility Analysis in the Ku-band uplink at 14.0-14.5 GHz 1617.775 MHz, Iridium will have Required: Yes and Ku-band downlink 11.72-12.2 GHz exclusive MSS use of 7.775 megahertz Agency Contact: Howard Griboff, on a primary basis, and in the extended of spectrum at 1618.725-1626.5 MHz, Deputy Chief, Federal Communications Ku-band downlink at 10.95-11.2 GHz and the two Big LEO operators will Commission, International Bureau, 445 and 11.45-11.7 GHz on a non-protected share 0.95 megahertz of spectrum at 12th Street SW., Washington, DC 20554 basis, and to adopt Ku-band VMES 1617.775-1618.725 MHz. Separately, in Phone: 202 418–0657 licensing and service rules modeled on April 2006, the Commission affirmed Fax: 202 418–1414 the FCC’s rules for Ku-band Earth the spectrum sharing plan between Email: [email protected] Stations on Vessels (ESVs). The record Globalstar and the fixed and mobile in this proceeding will provide a basis RIN: 3060–AI44 (except aeronautical mobile) services in for Commission action to facilitate the 2495-2500 MHz band in order to introduction of this proposed service. accommodate the relocation of 326. AMENDMENT OF THE Timetable: Broadband Radio Service Channel 1 to COMMISSION’S RULES TO the 2496-2502 MHz band. (Iridium does ALLOCATE SPECTRUM AND ADOPT Action Date FR Cite not operate in the 2.4 GHz band.) SERVICE RULES AND PROCEDURES NPRM 07/08/07 72 FR 39357 TO GOVERN THE USE OF NPRM Comment 09/04/07 Timetable: VEHICLE–MOUNTED EARTH Period End Action Date FR Cite STATIONS (IB DOCKET NO. 07–101) Next Action Undetermined NPRM 01/29/03 68 FR 33666 Legal Authority: 47 USC 151; 47 USC Regulatory Flexibility Analysis R&O 08/09/04 69 FR 48157 154(i) and (j); 47 USC 157(a); 47 USC Required: Yes 301; 47 USC 303 (c); 47 USC 303 (f); FNPRM 08/09/04 69 FR 48192 47 USC 303 (g); 47 USC 303 (r); 47 Agency Contact: Howard Griboff, Petitions for Recon 10/12/04 69 FR 60626 USC 303 (y); 47 USC 308 Deputy Chief, Federal Communications First Order on Recon 06/19/06 71 FR 35178 Commission, International Bureau, 445 Abstract: The Commission seeks Petitions for Further 07/27/06 71 FR 44029 12th Street SW., Washington, DC 20554 comment on the proposed amendment Recon Phone: 202 418–0657 of parts 2 and 25 of the Commission’s Second Order on 12/13/07 72 FR 70807 Fax: 202 418–1414 Recon and Second rules to allocate spectrum for use with Email: [email protected] R&O Vehicle-Mounted Earth Stations Next Action Undetermined (VMES) in the Fixed-Satellite Service RIN: 3060–AI90
Federal Communications Commission (FCC) Long-Term Actions Media Bureau
327. CABLE TELEVISION RATE Timetable: Twelfth Order on 10/26/95 60 FR 54815 REGULATION Recon Action Date FR Cite Tenth Order on Recon 04/08/96 61 FR 15388 Legal Authority: 47 USC 154; 47 USC NPRM 01/04/93 58 FR 48 Order on Recon of the 04/15/96 61 FR 16447 543 R&O and FNPRM 05/21/93 58 FR 29736 First R&O and FNPRM MO&O and FNPRM 08/18/93 58 FR 43816 Abstract: The Commission has adopted MO&O 02/12/97 62 FR 6491 Third R&O 11/30/93 58 FR 63087 rate regulations to implement section Report on Cable 02/24/97 62 FR 8245 623 of the 1992 Cable Act to ensure Order on Recon, 04/15/94 59 FR 17943 Industry Prices that cable subscribers nationwide enjoy Fourth R&O, and R&O 03/31/97 62 FR 15118 Fifth NPRM the rates that would be charged by Fourteenth Order on 10/15/97 62 FR 53572 Third Order on Recon 04/15/94 59 FR 17961 cable systems operating in a Recon Fifth Order on Recon 10/13/94 59 FR 51869 NPRM and Order 09/05/02 67 FR 56882 competitive environment. and FNPRM Reconsideration was requested. The Next Action Undetermined Fourth Order on 10/21/94 59 FR 53113 Fourteenth Order on Reconsideration Recon Regulatory Flexibility Analysis addresses petitions on issues governing Sixth Order on Recon, 12/06/94 59 FR 62614 Required: Yes regulated services by cable systems. In Fifth R&O, and a subsequent notice, comment was Seventh NPRM Agency Contact: John Norton, Deputy sought on recalibrating the competitive Seventh Order on 01/25/95 60 FR 4863 Division Chief, Policy Division, Federal differential between rates of systems Recon Communications Commission, Media subject to effective competition and Ninth Order on Recon 02/27/95 60 FR 10512 Bureau, 445 12th Street SW., noncompetitive systems. In addition, Eighth Order on 03/17/95 60 FR 14373 Washington, DC 20554 comment was sought as to whether Recon Phone: 202 418–7037 there may be a different approach to Sixth R&O and 07/12/95 60 FR 35854 TDD Phone: 202 418–7172 establish reasonable rates on the basic Eleventh Order on Fax: 202 418–1196 service tier. Recon Email: [email protected] Thirteenth Order on 10/05/95 60 FR 52106 Recon RIN: 3060–AF41
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328. CABLE TELEVISION RATE dwelling units when the occupant July 1, 2000, a security element REGULATION: COST OF SERVICE charges video service providers. In the separate from the basic navigation Legal Authority: 47 USC 154; 47 USC First Order on Reconsideration and the device (e.g., cable set-top boxes, digital 543 Second Report and Order, the video recorders, and television Commission modified its rules in part. receivers with navigation capabilities). Abstract: The Commission has The United States Court of Appeals for The separation of the security element established rules pursuant to which the District of Columbia Circuit from the host device required by this cable operators may set rates for remanded a portion of the Commission rule (referred to as the ‘‘integration regulated cable service in accordance decision back to the Commission for ban’’) was designed to enable with traditional cost-of-service further consideration. In September unaffiliated manufacturers, retailers, principles, as modified to take account 2004, the Commission issued an and other vendors to commercially of unique characteristics of the cable FNPRM in response to the courts market host devices while allowing industry. In the latest NPRM, comment decision. The subsequent Report and MVPDs to retain control over their was sought on rule changes that may Order and Declaratory Ruling system security. MVPDs were permitted be necessary or desirable in order to concluded that cable wiring behind to continue providing equipment with account for changes in the regulatory sheet rock is physically inaccessible for integrated security until January 1, process resulting from the end of the determining the demarcation point. 2005, so long as modular security Commission’s statutory authority to Timetable: components, known as point-of- regulate certain tiers of cable deployment modules, were also made programming service. Action Date FR Cite available for use with host devices Timetable: NPRM 11/17/92 57 FR 54209 obtained through retail outlets. In April R&O 03/02/93 58 FR 11970 2003, in response to requests from Action Date FR Cite NPRM 02/01/96 61 FR 3657 cable operators, the Commission NPRM 07/30/93 58 FR 40762 First Order on Recon 02/16/96 61 FR 6210 extended the effective date of the R&O 04/15/94 59 FR 17975 & FNPRM integration ban until July 1, 2006. Second NPRM 04/15/94 59 FR 18066 FNPRM 09/03/97 62 FR 46453 Then, in 2005, again at the urging of MO&O 10/14/94 59 FR 52087 R&O and Second 11/14/97 62 FR 60165 cable operators, the Commission Second R&O/First 03/08/96 61 FR 9361 FNPRM extended that date until July 1, 2007. Order on First Order on Recon 03/21/03 68 FR 13850 Also, in this proceeding, in April 2003, Recon/FNPRM and Second R&O the Commission adopted unidirectional Correction 03/22/96 61 FR 11749 FNPRM 10/15/04 69 FR 61193 ‘‘plug and play’’ rules, to govern NPRM and Order 09/05/02 67 FR 56882 R&O and Declaratory 08/30/07 72 FR 50074 compatibility between MVPDs and Next Action Undetermined Ruling navigation devices manufactured by Regulatory Flexibility Analysis Next Action Undetermined consumer electronics manufacturers not Required: Yes Regulatory Flexibility Analysis affiliated with cable operators. In June Required: Yes 2007, the Commission solicited Agency Contact: John Norton, Deputy comment on proposed standards to Agency Contact: John Norton, Deputy Division Chief, Policy Division, Federal ensure bidirectional compatibility of Division Chief, Policy Division, Federal Communications Commission, Media cable television systems and consumer Communications Commission, Media Bureau, 445 12th Street SW., electronics equipment. Washington, DC 20554 Bureau, 445 12th Street SW., Phone: 202 418–7037 Washington, DC 20554 Timetable: TDD Phone: 202 418–7172 Phone: 202 418–7037 Action Date FR Cite TDD Phone: 202 418–7172 Fax: 202 418–1196 NPRM 03/05/97 62 FR 10011 Fax: 202 418–1196 Email: [email protected] R&O 07/15/98 63 FR 38089 Email: [email protected] RIN: 3060–AF48 Order on Recon 06/02/99 64 FR 29599 RIN: 3060–AG02 FNPRM & Declaratory 09/28/00 65 FR 58255 Ruling 329. CABLE HOME WIRING FNPRM 01/16/03 68 FR 2278 330. COMPETITIVE AVAILABILITY OF Order and FNPRM 06/17/03 68 FR 35818 Legal Authority: 47 USC 544(i) NAVIGATION DEVICES (CS DOCKET Second R&O 11/28/03 68 FR 66728 Abstract: On October 6, 1997, the FCC NO. 97–80) FNPRM 11/28/03 68 FR 66776 adopted a Report and Order and Legal Authority: 47 USC 549 Order on Recon 01/28/04 69 FR 4081 Second Notice of Proposed Rulemaking Second R&O 06/22/05 70 FR 36040 (FCC 97-376) that amends its cable Abstract: The Commission has adopted rules to address the mandate expressed Third FNPRM 07/25/07 72 FR 40818 inside wiring rules to enhance Next Action Undetermined competition in the video distribution in section 629 of the Communications marketplace. The Second FNPRM seeks Act to ensure the commercial Regulatory Flexibility Analysis comment on, among other things, availability of ‘‘navigation devices,’’ the Required: Yes whether there are circumstances where equipment used to access video Agency Contact: Brendan Murray, the FCC should adopt restrictions on programming and other services from Attorney Advisor, Policy Division, exclusive contracts in order to further multichannel video programming Federal Communications Commission, promote competition in the multiple systems. Media Bureau, 445 12th Street SW., dwelling unit marketplace. The 2nd Specifically, in 1998, the Commission Washington, DC 20554 Report and Order addresses multiple required MVPDs to make available by Phone: 202 418–1573
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Email: [email protected] Action Date FR Cite 333. SECOND PERIODIC REVIEW OF RIN: 3060–AG28 RULES AND POLICIES AFFECTING Second FNPRM 06/18/05 70 FR 33680 THE CONVERSION TO DTV Fourth R&O and 02/29/08 73 FR 11048 331. CABLE HORIZONTAL AND FNPRM Legal Authority: 47 USC 4(i) and 4(j); VERTICAL OWNERSHIP LIMITS (MM Next Action Undetermined 47 USC 303(r); 47 USC 307; 47 USC DOCKET NO. 92–264) Regulatory Flexibility Analysis 309; 47 USC 336 Required: Yes Legal Authority: 47 USC 151; 47 USC Abstract: On January 18, 2001, the 154; 47 USC 303; 47 USC 533 Agency Contact: Royce Sherlock, Commission adopted a Report and Abstract: Section 613 of the Chief, Industry Analysis Division, Order (R&O) and Further Notice of Communications Act requires the Federal Communications Commission, Proposed Rulemaking, addressing a Commission to ‘‘prescribe rules and 445 12th Street SW., Washington, DC number of issues related to the regulations establishing reasonable 20554 conversion of the nation’s broadcast limits on the number of cable Phone: 202 418–7030 television system from analog to digital subscribers a person is authorized to Fax: 202 418–1196 television. The Second Report and reach through cable systems owned by Email: [email protected] Order resolved several major technical such person, or in which such person RIN: 3060–AH09 issues including the issue of receiver has an attributable interest.’’ On performance standards, DTV tuners, October 8, 1999, the Commission and revisions to certain components of 332. DIGITAL AUDIO BROADCASTING issued a Third Report and Order, FCC the DTV transmission standard. A SYSTEMS (MM DOCKET NO. 99–325) 99-289, in this matter. The Commission subsequent NPRM commenced the revised the horizontal ownership rules Legal Authority: 47 USC 154; 47 USC Commission’s second periodic review as follows: (1) All multichannel video 303 of the progress of the digital television conversion. The resulting R&O adopted subscribers will be counted when Abstract: The rulemaking proceeding a multi-step process to create a new calculating the 30 percent ownership was initiated to foster the development DTV table of allotments and limit; (2) actual subscriber numbers, and implementation of terrestrial digital authorizations. Also in the R&O, the rather than potential subscriber audio broadcasting (DAB). The Commission adopted replication and numbers, will be used for calculating transition to DAB promises the benefits maximization deadlines for DTV an owner’s share; and (3) the minority that have generally accompanied broadcasters and updated rules in exception which allowed a 35 percent digitalization—better audio fidelity, recognition revisions to broadcast ownership limit for minority-owned more robust transmission systems, and transmission standards. entities under certain circumstances the possibility of new auxiliary was eliminated. On March 2, 2001, the services. In the First Report and Order, The Second R&O adopts disclosure District of Columbia Circuit Court the Commission selected in-band, on- requirements for televisions that do not reversed and remanded the cable channel as the technology that will include a digital tuner. horizontal and vertical limits, as well permit AM and FM radio broadcasters as two aspects of the attribution rules to introduce digital operations. Timetable: used to determine compliance with Consideration of formal standard- Action Date FR Cite these limits. (Time Warner setting procedures and related Entertainment Co. v. FCC, 240 F.3d broadcasting licensing and service rule NPRM 03/23/00 65 FR 15600 1126 (DC cir. 2001)). Pursuant to the changes are addressed in a Further R&O 02/13/01 66 FR 9973 court’s remand, the Commission Notice of Proposed Rulemaking. MO&O 12/18/01 66 FR 65122 solicited comment in a Further Notice Further technical guidance is provided Third MO&O and 10/02/02 67 FR 61816 of Proposed Rulemaking (September in a Second Report and Order. Order on Recon 2001) and a Second Further Notice of Timetable: Second R&O and 10/11/02 67 FR 63290 Proposed Rulemaking. Second MO&O In the Fourth Report and Order, the Action Date FR Cite NPRM 02/18/03 68 FR 7737 Commission set the cable horizontal NPRM 11/09/99 64 FR 61054 R&O 10/04/04 69 FR 59500 ownership limit at 30 percent. In the First R&O 12/23/02 67 FR 78193 Second R&O 05/10/07 72 FR 26554 accompanying Further Notice of FNPRM and NOI 05/14/04 69 FR 27815 Next Action Undetermined Proposed Rulemaking, comment was Second R&O 08/15/07 72 FR 45712 Regulatory Flexibility Analysis sought on issues regarding the cable Next Action Undetermined Required: Yes attribution rules and appropriate Regulatory Flexibility Analysis channel occupancy limits. Required: Yes Agency Contact: Eloise Gore, Associate Bureau Chief, Federal Communications Timetable: Agency Contact: Peter Doyle, Chief, Commission, Media Bureau, 445 12th Action Date FR Cite Audio Division, Federal Street SW., Washington, DC 20554 Communications Commission, Media Second MO&O on 07/14/98 63 FR 37790 Phone: 202 418–1066 Bureau, 445 12th Street SW., Recon and FNPRM TDD Phone: 202 418–7172 Third R&O 12/01/99 64 FR 67198 Washington, DC 20554 Phone: 202 418–2700 Fax: 202 418–1069 Order on Recon 03/08/00 65 FR 12135 Email: [email protected] MO&O 06/08/00 65 FR 36382 Email: [email protected] FNPRM 10/11/01 66 FR 51905 RIN: 3060–AH40 RIN: 3060–AH54
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334. DIRECT BROADCAST PUBLIC regarding public access to the data Timetable: INTEREST OBLIGATIONS (MM contained in the forms. Action Date FR Cite DOCKET NO. 93–25) Timetable: NPRM 10/05/01 66 FR 50991 Legal Authority: 47 USC 335 Action Date FR Cite R&O 08/05/03 68 FR 46286 Abstract: The Commission adopted Public Notice 02/19/04 69 FR 9216 NPRM 01/14/02 67 FR 1704 rules in 1998 that implement section FNPRM 08/09/06 71 FR 4511 25 of the Cable Television Consumer Second R&O and 01/07/03 68 FR 670 Third NPRM Second FNPRM 08/08/07 72 FR 44539 Protection and Competition Act of Correction 01/13/03 68 FR 1657 R&O and Order on 02/21/08 73 FR 9481 1992, as codified at section 335 of the Recon Fourth NPRM 06/23/04 69 FR 34986 Communications Act of 1934. Section Next Action Undetermined Third R&O 06/23/04 69 FR 34950 335 directs the Commission to impose Next Action Undetermined Regulatory Flexibility Analysis certain public interest obligations on Required: direct broadcast satellite providers. Regulatory Flexibility Analysis Yes Timetable: Required: Yes Agency Contact: Mania K. Baghdadi, Deputy Division Chief, Industry Action Date FR Cite Agency Contact: Lewis Pulley, Asst. Chief, Policy Division, Media Bureau, Analysis Division, Federal NPRM 03/08/93 58 FR 12917 Federal Communications Commission, Communications Commission, Media R&O 02/08/99 64 FR 52399 445 12th Street SW., Washington, DC Bureau, 445 12th Street SW., Order on Recon 04/22/04 69 FR 21761 20554 Washington, DC 20554 Order on Recon 04/28/04 69 FR 23155 Phone: 202 418–1450 Phone: 202 418–2130 Next Action Undetermined Email: [email protected] Email: [email protected] Regulatory Flexibility Analysis RIN: 3060–AH95 RIN: 3060–AH97 Required: Yes Agency Contact: Rosalee Chiara, Staff 337. ESTABLISHMENT OF RULES FOR Attorney, Federal Communications 336. BROADCAST MULTIPLE AND CROSS–OWNERSHIP LIMITS DIGITAL LOW POWER TELEVISION, Commission, 445 12th Street SW., TELEVISION TRANSLATOR, AND Washington, DC 20554 Legal Authority: 47 USC 151; 47 USC TELEVISION BOOSTER STATIONS Phone: 202 418–0754 152(a); 47 USC 154(i); 47 USC 303; 47 (MB DOCKET NO. 03–185) Email: [email protected] USC 307; 47 USC 309 and 310 RIN: 3060–AH59 Legal Authority: 47 USC 309; 47 USC Abstract: In 2002, the Commission 336 undertook a comprehensive review of 335. REVISION OF EEO RULES AND its broadcast multiple and cross- Abstract: This proceeding initiates the POLICIES (MM DOCKET NO. 98–204) ownership limits examining: cross- digital television conversion for low ownership of TV and radio stations; power television (LPTV) and television Legal Authority: 47 USC 151; 47 USC local TV ownership limits; national TV translator stations. The rules and 154; 47 USC 257; 47 USC 301; 47 USC cap; and dual network rule. policies adopted as a result of this 303; 47 USC 307 to 309; 47 USC 334; proceeding provide the framework for 47 USC 403; 47 USC 554 The Report and Order replaced the these stations’ conversion from analog newspaper/broadcast cross-ownership Abstract: FCC authority to govern to digital broadcasting. The Report and and radio and TV rules with a tiered Equal Employment Opportunity (EEO) Order adopts definitions and approach based on the number of responsibilities of cable television permissible use provisions for digital television stations in a market. Petitions operators was codified in the Cable TV translator and LPTV stations. for Reconsideration are pending. Also, Communications Policy Act of 1984. Petitions for reconsideration of the the Third Circuit Court of Appeals This authority was extended to Report and Order are pending remanded portions of the Commission’s television broadcast licensees and other resolution. decisions. In June 2006, the multi-channel video programming Commission adopted a Further Notice Timetable: distributors in the Cable and Television of Proposed Rulemaking initiating the Consumer Protection Act of 1992. In Action Date FR Cite 2006 review of the broadcast ownership the Second Report and Order, the FCC rules. The further notice also sought NPRM 09/26/03 68 FR 55566 adopted new EEO rules and policies. comment on how to address the issues R&O 11/29/04 69 FR 69325 This action was in response to a raised by the Third Circuit. Additional Next Action Undetermined decision of the U.S. Court of Appeals questions are raised for comment in a for the District of Columbia Circuit that Regulatory Flexibility Analysis Second Further Notice of Proposed found prior EEO rules unconstitutional. Required: Yes Rulemaking. The Third Notice of Proposed Agency Contact: Keith Larson, Chief Rulemaking (NPRM) requests comment In the Report and Order and Order on Engineer, Media Bureau, Federal as to the applicability of the EEO rules Reconsideration, the Commission Communications Commission, 445 12th to part-time employees. The Third adopts rule changes regarding Street SW., Washington, DC 20554 Report and Order adopted revised newspaper/broadcast cross-ownership, Phone: 202 418–2607 forms for broadcast station and MVPDs but otherwise generally retains the Email: [email protected] Annual Employment Report. In the other broadcast ownership rules Fourth NPRM, comment was sought currently in effect. RIN: 3060–AI38
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338. JOINT SALES AGREEMENTS IN Agency Contact: Evan Baranoff, 341. DIGITAL TELEVISION LOCAL TELEVISION MARKETS (MB Attorney, Policy Division, Federal DISTRIBUTED TRANSMISSION DOCKET NO. 04–256) Communications Commission, Media SYSTEM TECHNOLOGIES (MB Legal Authority: 47 USC 151 to 152(a); Bureau, 445 12th Street SW., DOCKET NO. 05–312) 47 USC 154(i); 47 USC 303; Washington, DC 20554 Legal Authority: 47 USC 151; 47 USC Phone: 202 418–2120 154(i) to (j); 47 USC 157; 47 USC 301; Abstract: A joint sales agreement (JSA) Email: [email protected] is an agreement with a licensee of a Abstract: A digital television brokered station that authorizes a RIN: 3060–AI56 transmission system (DTS) employs broker to sell some or all of the multiple synchronized transmitters advertising time for the brokered 340. REVISION OF PROCEDURES spread around a station’s service area. station in return for a fee or percentage GOVERNING AMENDMENTS TO FM Such distributed transmitters fill in of revenues paid to the licensee. The TABLE OF ALLOTMENTS AND unserved areas in the parent station’s Commission has sought comment on CHANGES OF COMMUNITY OF coverage area. The Notice of Proposed whether TV JSAs should be attributed LICENSE IN THE RADIO BROADCAST Rulemaking (NPRM) examines issues for purposes of determining compliance SERVICES (MB DOCKET NO. 05–210) related to the use of DTS and proposes with the Commission’s multiple Legal Authority: 47 USC 154; 47 USC rules for future DTS operation. ownership rules. 303 Timetable: Timetable: Abstract: The rulemaking was initiated Action Date FR Cite Action Date FR Cite to reduce backlog in, and streamline, NPRM 12/07/05 70 FR 72763 NPRM 08/26/04 69 FR 52464 the FM allotment procedures and, to R&O 12/05/08 73 FR 74047 Next Action Undetermined a lesser extent, streamline certain Next Action Undetermined procedures pertaining to AM Regulatory Flexibility Analysis applications. Although the Commission Regulatory Flexibility Analysis Required: Yes has made important changes to Required: Yes Agency Contact: Debra Sabourin, streamline the processing of radio Agency Contact: Evan Baranoff, Attorney Advisor, Federal broadcast applications, the basic Attorney, Policy Division, Federal Communications Commission, Mass procedures for amending the Table Communications Commission, Media Media Bureau, 445 12th Street SW., have not changed since 1982. The Bureau, 445 12th Street SW., Washington, DC 20554 Notice seeks comment on a number of Washington, DC 20554 Phone: 202 418–2130 specific rule and procedural changes in Phone: 202 418–2120 Email: [email protected] the handling of FM and AM Email: [email protected] RIN: 3060–AI55 applications and rulemaking petitions RIN: 3060–AI68 to amend the Table. In the area of applications procedures, the Notice 339. SIGNIFICANTLY VIEWED seeks comments on various proposals 342. IMPLEMENTATION OF THE OUT–OF–MARKET BROADCAST designed to encourage only bona fide CABLE COMMUNICATIONS POLICY STATIONS (MB DOCKET NO. 05–49) proponents to submit petitions and to ACT OF 1984 AS AMENDED BY THE Legal Authority: 47 USC 151; 47 USC limit the complexity of such petitions. CABLE TELEVISION CONSUMER 154(i) and 154(j); 47 USC 340 If these changes are adopted, it will PROTECTION AND COMPETITION expedite the approval and ACT OF 1992 Abstract: Section 202 of the Satellite implementation on new and upgraded Home Viewer Extension and Legal Authority: 47 USC 151; 47 USC radio service to the public. The Report Reauthorization Act of 2004 creates 154(i); 47 USC 541(a)(1); 47 USC 556(c) and Order adopted the proposals from section 340 of the Communications Act, Abstract: Section 621(a)(1) of the the notice. which provides satellite carries with Communications Act of 1934, as the authority to offer Commission Timetable: amended, states in relevant part that ‘‘a determined ‘‘significantly viewed’’ Action Date FR Cite franchising authority . . .may not signals of out-of-market broadcast unreasonably refuse to award an NPRM 06/22/05 70 FR 44537 stations to subscribers. In the NPRM, additional competitive franchise.’’ The comment was sought on NPRM Comment 10/03/05 Period End Notice of Proposed Rulemaking (NPRM) implementation of section 340. The R&O 12/20/06 71 FR 76208 solicits comment on implementation of resulting Report and Order adopted a Next Action Undetermined section 621(a)(1)’s directive, and list of significantly viewed stations and whether the franchising process procedures for stations to petition the Regulatory Flexibility Analysis unreasonably impedes the achievement Commission for inclusion on the list. Required: Yes of the interrelated Federal goals of Timetable: Agency Contact: Tom Nessinger, enhanced cable competition and Attorney Advisor, Federal accelerated broadband deployment and, Action Date FR Cite Communications Commission, Media if so, how the Commission should act NPRM 03/08/05 70 FR 11314 Bureau, 445 12th Street SW., to address that problem. R&O 12/27/05 70 FR 76504 Washington, DC 20554 The subsequent Report and Order Next Action Undetermined Phone: 202 418–2709 found that certain actions by local Regulatory Flexibility Analysis Email: [email protected] franchising authorities constitute an Required: Yes RIN: 3060–AI63 unreasonable refusal to award a
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FCC—Media Bureau Long-Term Actions
competitive franchise within the Timetable: Bureau, 445 12th Street SW., meaning of section 621(a)(1). The item Action Date FR Cite Washington, DC 20554 included a Further Notice of Proposed Phone: 202 418–2120 Rulemaking (FNPRM) seeking comment NPRM 03/01/07 72 FR 9289 Email: [email protected] on how the findings should affect R&O 10/04/07 72 FR 56645 existing franchises. NPRM 10/31/07 72 FR 61590 RIN: 3060–AI89 Next Action Undetermined In the Second Report and Order, a number of the rules promulgated in this Regulatory Flexibility Analysis 345. DTV CONSUMER EDUCATION docket are extended to incumbent cable Required: Yes INITIATIVE (MB DOCKET NO. 07–148) operators. Agency Contact: David Konczal, Timetable: Federal Communications Commission, Legal Authority: 47 USC 154(i); 47 USC 303(r); 47 USC 335 and 336 Action Date FR Cite Media Bureau, 445 12th Street SW., Washington, DC 20554 NPRM 12/19/05 70 FR 73973 Abstract: Congress has mandated that Phone: 202 418–2228 after February 17, 2009, full-power R&O and FNPRM 03/21/07 72 FR 13230 Email: [email protected] Second R&O 11/23/07 72 FR 65670 broadcast stations must transmit only Next Action Undetermined RIN: 3060–AI87 in digital signals, and may no longer transmit analog signals. From the Regulatory Flexibility Analysis beginning of the digital transition, the Required: 344. THIRD PERIODIC REVIEW OF Yes Commission has been committed to THE COMMISSION’S RULES AND Agency Contact: Holly Saurer, working with representatives from POLICIES AFFECTING THE Attorney Advisor, Policy Division, industry, public interest groups, and CONVERSION TO DIGITAL Federal Communications Commission, Congress to make the significant TELEVISION (MB DOCKET NO. 07–91) Media Bureau, 445 12th Street SW., benefits of digital broadcasting Washington, DC 20554 Legal Authority: 47 USC 151; 47 USC available to the public. The digital Phone: 202 418–7283 154(i); 47 USC 154(j); 47 USC 301 to transition will make valuable spectrums Fax: 202 418–1069 303; 47 USC 307 to 309; 47 USC 312; available for both public safety uses Email: [email protected] 47 USC 316; 47 USC 318 and 319; 47 and expanded wireless competition and RIN: 3060–AI69 USC 324 and 325; 47 USC 336 and 337 innovation. It will also provide Abstract: Congress has mandated that consumers with better quality television picture and sound, and make 343. PROGRAM ACCESS RULES— after February 17, 2009, full-power broadcast stations must transmit only new services available through SUNSET OF EXCLUSIVE CONTRACTS multicasting. These innovations, PROHIBITION AND EXAMINATION OF in digital signals, and may no longer transmit analog signals. This however, are dependent upon PROGRAMMING TYING widespread consumer understanding of ARRANGEMENTS; (MB DOCKET NOS. proceeding is the Commission’s third the benefits and the mechanics of the 07–29, 07–198) periodic review of the transition of the nation’s broadcast television system transition. While the Commission has Legal Authority: 47 USC 548 from analog to digital television (DTV). been engaged in various DTV outreach Abstract: The program access The Commission conducts these efforts, this proceeding was initiated to provisions of the Communications Act periodic reviews in order to assess the seek public comment on whether there (section 628) generally prohibit progress of the transition and make any are additional steps relating to exclusive contracts for satellite necessary adjustments to the consumer education about the digital delivered programming between Commission’s rules and policies to transition which the Commission programmers in which a cable operator facilitate the introduction of DTV should take. has an attributable interest (vertically service and the recovery of spectrum Timetable: integrated programmers) and cable at the end of the transition. In this operators. This limitation was set to review, the Commission considers how Action Date FR Cite expire on October 5, 2007, unless to ensure that broadcasters complete NPRM 08/16/07 72 FR 46014 circumstances in the video construction of their final post- R&O 03/24/08 73 FR 15431 programming marketplace indicate that transition (digital) facilities by the FNPRM 05/28/08 73 FR 30591 an extension of the prohibition statutory deadline. Order 06/26/08 73 FR 36282 continues ‘‘to be necessary to preserve Timetable: and protect competition and diversity Next Action Undetermined Action Date FR Cite in the distribution of video Regulatory Flexibility Analysis programming.‘‘ The proceeding NPRM 07/09/07 72 FR 37310 Required: Yes undertakes the required review. The R&O 01/30/08 73 FR 5634 Report and Order concluded the Order on Clarification 07/10/08 73 FR 39623 Agency Contact: Lyle Elder, Policy prohibition continues to be necessary, Next Action Undetermined Division, Media Bureau, Federal and accordingly, retained it until Regulatory Flexibility Analysis Communications Commission, 445 12th October 5, 2012. The accompanying Street SW., Washington, DC 20554 Required: Yes Notice of Proposed Rulemaking (NPRM) Phone: 202 418–2120 sought comment on revisions to the Agency Contact: Evan Baranoff, Email: [email protected] Commission’s program access and Attorney, Policy Division, Federal retransmission consent rules. Communications Commission, Media RIN: 3060–AI96
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FCC—Media Bureau Long-Term Actions
346. BROADCAST LOCALISM (MB ownership to entities with no Agency Contact: Peter Doyle, Chief, DOCKET NO. 04–233) attributable interest in any other Audio Division, Federal Legal Authority: 47 USC 154(i); 47 USC broadcast station or other media. To Communications Commission, Media 303; 47 USC 532; 47 USC 536 choose among entities filing mutually Bureau, 445 12th Street SW., exclusive applications for LPFM Washington, DC 20554 Abstract: The concept of localism has licenses, the Commission established a Phone: 202 418–2700 been a cornerstone of broadcast point system favoring local ownership Email: [email protected] regulation. The Commission has and locally-originated programming. consistently held that as temporary The Report and Order imposed RIN: 3060–AJ07 trustee of the public’s airwaves, separation requirements for LPFM with broadcasters are obligated to operate respect to full power stations operating their stations to serve the public 348. SPONSORSHIP IDENTIFICATION on co-, first- and second-adjacent and RULES AND EMBEDDED interest. Specifically, broadcasters are intermediate frequency (IF) channels. In required to air programming responsive ADVERTISING (MB DOCKET NO. December 2000, legislation was enacted 08–90) to the needs and issues of the people that required the Commission to modify in their licensed communities. The its rules to (i) prescribe LPFM station Legal Authority: 47 USC 154(i) and (j); Commission opened this proceeding to third-adjacent channel interference 47 USC 303(r); 47 USC 303(a); 47 USC seek input on a number of issues protection standards and (ii) prohibit 317; 47 USC 405; 47 USC 508 related to broadcast localism. any applicant from obtaining an LPFM Timetable: station license if the applicant Abstract: The Commission undertook Action Date FR Cite previously has engaged in the this proceeding to seek comment on the unlicensed operation of a station. In relationship between the Commission’s NPRM 02/13/08 73 FR 8255 March 2001, the Commission adopted sponsorship identification rules and the NPRM Comment 03/14/08 a Second Report and Order increasing reliance on industry by Period End implementing this statute. embedded advertising techniques. Due Next Action Undetermined In a Further Notice issued in 2005, the to recent technological changes that Regulatory Flexibility Analysis Commission reexamined some of its allow consumers to more easily bypass Required: Yes rules governing the LPFM service, traditional commercial content, content Agency Contact: William Freedman, noting that the rules may adjustment providers may be turning to more Associate Chief, Media Bureau, Federal in order to ensure that the Commission subtle and sophisticated means of Communications Commission, 445 12th maximizes the value of the LPFM incorporating commercial messages into Street SW., Washington, DC 20554 service without harming the interests of programming. The NPRM will seek to Phone: 202 418–1415 full-power FM stations or other determine how embedded advertising Email: [email protected] Commission licensees. The Commission affects the efficacy of the sponsorship identification rules in protecting the RIN: 3060–AJ04 sought comment on a number of issues with respect to LPFM ownership public’s right to know who is paying restrictions and eligibility. to air commercials or other 347. CREATING A LOW POWER programming matter on broadcast RADIO SERVICE (MM DOCKET NO. The Third Report and Order resolves outlets and cable television systems. 99–25) issues raised in the Further Notice. The accompanying Second Further Notice Timetable: Legal Authority: 47 USC 151 to 152; of Proposed Rulemaking (FNPRM) Action Date FR Cite 47 USC 154(i); 47 USC 303; 47 USC considers rule changes to avoid the 403; 47 USC 405 potential loss of LPFM stations. NPRM and NOI 07/24/08 73 FR 43194 NPRM Comment 09/22/08 Abstract: This proceeding was initiated Timetable: to establish a new noncommercial Period End educational low power FM radio Action Date FR Cite Next Action Undetermined service for non-profit community NPRM 12/16/99 64 FR 2577 Regulatory Flexibility Analysis organizations and public safety entities. R&O 02/15/00 65 FR 7616 Required: Yes In January 2000, the Commission MO&O and Order on 11/09/00 65 FR 67289 adopted a Report and Order Recon Agency Contact: Brendan Murray, establishing two classes of LPFM Second R&O 05/10/01 66 FR 23861 Attorney Advisor, Policy Division, stations, 100 watt (LP100) and 10 watt Second Order on 07/07/05 70 FR 3918 Federal Communications Commission, (LP10) facilities, with service radii of Recon and FNPRM Media Bureau, 445 12th Street SW., Third R&O and 01/17/08 73 FR 3202 approximately 3.5 miles and 1-2 miles, Washington, DC 20554 respectively. The Report and Order also Second FNPRM Next Action Undetermined Phone: 202 418–1573 established ownership and eligibility Email: [email protected] rules for the LPFM service. The Regulatory Flexibility Analysis Commission generally restricted Required: Yes RIN: 3060–AJ10
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Federal Communications Commission (FCC) Completed Actions Media Bureau
349. DIGITAL BROADCAST CONTENT the broadcast flag requirements by July Regulatory Flexibility Analysis PROTECTION (MB DOCKET NO. 1, 2005. The Further Notice of Required: Yes 02–230) Proposed Rulemaking (FNPRM) seeks Agency Contact: Susan Mort, Attorney Legal Authority: 47 USC 303; 47 USC comment on the process for approving Advisor, Federal Communications 403; 47 USC 601 digital recording and output content protection technologies. Commission, Media Bureau, 445 12th Abstract: This rulemaking examines Street SW., Washington, DC 20554 the use of a content protection Timetable: Phone: 202 418–1043 mechanism for digital broadcast Action Date FR Cite Fax: 202 418–1069 television. The Report and Order Email: [email protected] adopted an anti-piracy mechanism NPRM 08/20/02 67 FR 53903 known as the ‘‘broadcast flag.’’ R&O 12/03/03 68 FR 67599 RIN: 3060–AI37 Products capable of receiving DTV FNPRM 12/03/03 68 FR 67624 over-the-air signals must comply with Final Rule 01/20/04 69 FR 2688
Federal Communications Commission (FCC) Long-Term Actions Office of Managing Director
350. ASSESSMENT AND COLLECTION Timetable: Regulatory Flexibility Analysis OF REGULATORY FEES Action Date FR Cite Required: Yes Legal Authority: 47 USC 159 NPRM 04/06/06 71 FR 17410 Agency Contact: Mika Savir, Attorney, R&O 08/02/06 71 FR 43842 Federal Communications Commission, Abstract: Section 9 of the NPRM 05/02/07 72 FR 20213 Office of the Managing Director, 445 Communications Act of 1934, as R&O and FNPRM 08/16/07 72 FR 46010 12th Street SW., Washington, DC 20554 amended, 47 U.S.C. 159, requires the NPRM 05/28/08 73 FR 30563 Phone: 202 418–0384 FCC to recover the cost of its activities R&O and FNPRM 08/26/08 73 FR 50201 Email: [email protected] by assessing and collecting annual Comment Period End 09/25/08 regulatory fees from beneficiaries of the Reply Comment 10/27/08 RIN: 3060–AI79 activities. Period End Next Action Undetermined
Federal Communications Commission (FCC) Long-Term Actions Public Safety and Homeland Security Bureau
351. REVISION OF THE RULES TO Action Date FR Cite Safety and Homeland Security Bureau, ENSURE COMPATIBILITY WITH 445 12th Street SW., Washington, DC ENHANCED 911 EMERGENCY Second MO&O 12/29/99 64 FR 72951 20554 CALLING SYSTEMS Fourth R&O, Third 09/19/00 65 FR 56752 Phone: 202 418–0952 NPRM, and NPRM Email: [email protected] Legal Authority: 47 USC 134(i); 47 USC Fourth MO&O 10/02/00 65 FR 58657 151; 47 USC 201; 47 USC 208; 47 USC FNPRM 06/13/01 66 FR 31878 RIN: 3060–AG34 215; 47 USC 303; 47 USC 309 Order 11/02/01 66 FR 55618 Abstract: In a series of orders in R&O 05/23/02 67 FR 36112 Public Notice 07/17/02 67 FR 46909 352. ENHANCED 911 SERVICES FOR several related proceedings issued since WIRELINE 1996, the Federal Communications Order to Stay 07/26/02 Commission has taken action to Order on Recon 01/22/03 68 FR 2914 Legal Authority: 47 USC 151; 47 USC improve the quality and reliability of FNPRM 01/23/03 68 FR 3214 154(i); 47 USC 201; 47 USC 222; 47 911 emergency services for wireless Second R&O, Second 02/11/04 69 FR 6578 USC 251 phone users. Rules have been adopted FNPRM governing the availability of basic 911 Second R&O 09/07/04 69 FR 54037 Abstract: The rules generally will assist services and the implementation of NPRM 06/20/07 72 FR 33948 State governments in drafting enhanced 911 (E911) for wireless NPRM Comment 08/20/07 legislation that will ensure that multi- Period End services. line telephone systems are compatible Order on Recon 10/11/07 72 FR 57879 with the enhanced 911 network. Timetable: R&O 02/14/08 73 FR 8617 Action Date FR Cite Next Action Undetermined Timetable: FNPRM 08/02/96 61 FR 40374 Regulatory Flexibility Analysis Action Date FR Cite R&O 08/02/96 61 FR 40348 Required: Yes NPRM 10/11/94 59 FR 54878 MO&O 01/16/98 63 FR 2631 Agency Contact: Tom Beers, Chief, FNPRM 01/23/03 68 FR 3214 Second R&O 06/28/99 64 FR 34564 Policy Division, Federal Second FNPRM 02/11/04 69 FR 6595 Third R&O 11/04/99 64 FR 60126 Communications Commission, Public R&O 02/11/04 69 FR 6578
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FCC—Public Safety and Homeland Security Bureau Long-Term Actions
Action Date FR Cite 354. DEVELOPMENT OF 355. 1998 BIENNIAL REGULATORY OPERATIONAL, TECHNICAL, AND REVIEW—REVIEW OF ACCOUNTS Public Notice 01/13/05 70 FR 2405 SPECTRUM REQUIREMENTS FOR SETTLEMENT IN MARITIME MOBILE Next Action Undetermined PUBLIC SAFETY COMMUNICATIONS AND MARITIME MOBILE–SATELLITE REQUIREMENTS RADIO SERVICES; (IB DOCKET NO. Regulatory Flexibility Analysis 98–96) Required: Yes Legal Authority: 47 USC 151; 47 USC 154; 47 USC 160; 47 USC 201 and 202; Legal Authority: 47 USC 154(i) and Agency Contact: Tom Beers, Chief, 47 USC 303; 47 USC 337(a); 47 USC 154(j); 47 USC 201 to 205; 47 USC Policy Division, Federal 403 303(r) Communications Commission, Public Abstract: The FCC seeks comment Safety and Homeland Security Bureau, Abstract: This item takes steps toward regarding Accounts Settlement in the 445 12th Street SW., Washington, DC developing a flexible regulatory Maritime Mobile and Maritime Mobile 20554 framework to meet vital current and Satellite Service (MSS) Radio Services. Phone: 202 418–0952 future public safety communications Email: [email protected] needs. Timetable: Action Date FR Cite RIN: 3060–AG60 Timetable: NPRM 07/24/98 63 FR 39800 Action Date FR Cite FNPRM 07/28/99 64 FR 40808 353. IN THE MATTER OF THE R&O 07/28/99 64 FR 40774 COMMUNICATIONS ASSISTANCE FOR NPRM 10/09/97 62 FR 60199 Second NPRM 11/07/97 62 FR 60199 Comment Period 09/03/99 64 FR 48337 LAW ENFORCEMENT ACT Extended First R&O 11/02/98 63 FR 58645 Next Action Undetermined Legal Authority: 47 USC 229; 47 USC Third NPRM 11/02/98 63 FR 58685 1001 to 1008 MO&O 11/04/99 64 FR 60123 Regulatory Flexibility Analysis Second R&O 08/08/00 65 FR 48393 Required: Yes Abstract: All of the decisions in this Fourth NPRM 08/25/00 65 FR 51788 Agency Contact: Timothy Peterson, proceeding thus far are aimed at Second MO&O 09/05/00 65 FR 53641 Chief of Staff, PSHSB, Federal implementation of provisions of the Third MO&O 11/07/00 65 FR 66644 Communications Commission, Public Communications Assistance for Law Safety and Homeland Security Bureau, Enforcement Act. Third R&O 11/07/00 65 FR 66644 Fifth NPRM 02/16/01 66 FR 10660 445 12th Street SW., Washington, DC Timetable: Fourth R&O 02/16/01 66 FR 10632 20554 MO&O 09/27/02 67 FR 61002 Phone: 202 418–1575 Action Date FR Cite NPRM 11/08/02 67 FR 68079 RIN: 3060–AH30 NPRM 10/10/97 62 FR 63302 R&O 12/13/02 67 FR 76697 Order 01/13/98 63 FR 1943 NPRM 04/27/05 70 FR 21726 356. IMPLEMENTATION OF 911 ACT FNPRM 11/16/98 63 FR 63639 R&O 04/27/05 70 FR 21671 R&O 01/29/99 64 FR 51462 NPRM 04/07/06 71 FR 17786 Legal Authority: 47 USC 151; 47 USC Order 03/29/99 64 FR 14834 NPRM 09/21/06 71 FR 55149 154(i) and 154(j); 47 USC 157; 47 USC Second R&O 09/23/99 64 FR 51462 Ninth NPRM 01/10/07 72 FR 1201 160; 47 USC 202; 47 USC 208; 47 USC Third R&O 09/24/99 64 FR 51710 Ninth NPRM 02/26/07 210; 47 USC 214; 47 USC 251(e); 47 Order on Recon 09/28/99 64 FR 52244 Comment Period USC 301; 47 USC 303; 47 USC 308 to Policy Statement 10/12/99 64 FR 55164 End 309(j); 47 USC 310 Second Order on 05/04/01 66 FR 22446 R&O and FNPRM 05/02/07 72 FR 24238 Abstract: Recon This proceeding is separate R&O and FNPRM 05/23/07 from the Commission’s proceeding on Order 10/05/01 66 FR 50841 Comment Period Enhanced 911 Emergency Systems Order on Remand 05/02/02 67 FR 21999 End (E911) in that it is intended to NPRM 09/23/04 69 FR 56976 Second R&O 08/24/07 72 FR 48814 implement provisions of the Wireless First R&O 10/13/05 70 FR 59704 Second FNPRM 05/21/08 73 FR 29582 Communications and Public Safety Act Second R&O 07/05/06 71 FR 38091 Third FNPRM 10/03/08 73 FR 57750 of 1999 through the promotion of Next Action Undetermined Next Action Undetermined public safety by the deployment of a Regulatory Flexibility Analysis Regulatory Flexibility Analysis seamless, nationwide emergency communications infrastructure that Required: Yes Required: Yes includes wireless communications Agency Contact: Tom Beers, Chief, Agency Contact: Jeff Cohen, Senior services. More specifically, a chief goal Policy Division, Federal Legal Counsel, Federal of the proceeding is to ensure that all Communications Commission, Public Communications Commission, Public emergency calls are routed to the Safety and Homeland Security Bureau, Safety and Homeland Security Bureau, appropriate local emergency authority 445 12th Street SW., Washington, DC 445 12th Street SW., Washington, DC to provide assistance. The E911 20554 20554 proceeding goes a step further and is Phone: 202 418–0952 Phone: 202 418–0799 aimed at improving the effectiveness Email: [email protected] Email: [email protected] and reliability of wireless 911 dispatchers with additional information RIN: 3060–AG74 RIN: 3060–AG85 on wireless 911 calls.
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Timetable: communications. In this regard, the Timetable: Action Date FR Cite Commission requested comment on the Action Date FR Cite additional types of airport Final Rule 01/25/02 67 FR 3621 communications (e.g., wireless, NPRM 06/29/05 70 FR 37307 Next Action Undetermined satellite) that should be required to file NPRM Comment 09/12/05 service disruption reports—particularly Period End Regulatory Flexibility Analysis NPRM 06/20/07 72 FR 33948 Required: Yes from a homeland security and defense perspective. These types of airport NPRM Comment 07/11/07 Agency Contact: David H. Siehl, Period End communications may include, for Next Action Undetermined Attorney, Federal Communications example, communications that are Commission, Public Safety and provided by ARINC as well as Regulatory Flexibility Analysis Homeland Security Bureau, 445 12th commercial communications (e.g., air- Required: Yes Street SW., Washington, DC 20554 to-ground and ground-to-air telephone Agency Contact: Tom Beers, Chief, Phone: 202 418–1313 communications) as well as intra- Policy Division, Federal Fax: 202 418–2816 airline commercial links. The Communications Commission, Public Email: [email protected] Commission also requested comment Safety and Homeland Security Bureau, RIN: 3060–AH90 on whether the outage-reporting 445 12th Street SW., Washington, DC requirements for special facilities 20554 should be extended to cover general Phone: 202 418–0952 357. COMMISSION RULES aviation airports (GA) and, if so, what Email: [email protected] CONCERNING DISRUPTIONS TO the applicable threshold criteria should COMMUNICATIONS RIN: 3060–AI62 be. Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 303(r) Timetable: 359. RECOMMENDATIONS OF THE INDEPENDENT PANEL REVIEWING Abstract: The Report and Order Action Date FR Cite THE IMPACT OF HURRICANE extended the Commission’s disruption NPRM 03/26/04 69 FR 15761 KATRINA ON COMMUNICATIONS FNPRM 11/26/04 69 FR 68859 reporting requirements to NETWORKS communications providers who are not R&O 12/03/04 69 FR 70316 wireline carriers. The Commission also Announcement of 12/30/04 69 FR 78338 Legal Authority: 47 USC 151; 47 USC streamlined compliance with the Effective Date and 154(i); 47 USC 218; 47 USC 303(r) reporting requirements through Partial Stay Abstract: In the Notice of Proposed electronic filing with a ‘‘fill in the Petition for Recon 02/15/05 70 FR 7737 Rulemaking (NPRM)in EB Docket No. blank’’ template and by simplifying the Amendment of 02/21/08 73 FR 9462 06-119, the Commission initiated a application of that rule. In addition, the Delegated Authority comprehensive rulemaking to address Commission delegates authority to the Next Action Undetermined and implement the recommendations Chief, Office of Engineering and Regulatory Flexibility Analysis presented by the Independent Panel Technology, to make the revisions to Required: Yes Reviewing the Impact of Hurricane the filing system and template Katrina on Communications Networks necessary to improve the efficiency of Agency Contact: Lisa Fowlkes, Deputy (Independent Panel). The Independent reporting and to reduce, where Bureau Chief, Public Safety and Panel’s report included reasonably possible, the time for Homeland Security Bureau, Federal recommendations which relate to: (1) providers to prepare, and for the Communications Commission, Public Pre-positioning the communications Commission staff to review, the Safety and Homeland Security Bureau, industry and the government for communications disruption reports 445 12th Street SW., Washington, DC disasters in order to achieve greater required to be filed. Such authority was 20554 network reliability and resiliency; (2) subsequently delegated to the Chief of Phone: 202 418–7452 improving recovery coordination to the Public Safety and Homeland Email: [email protected] address existing shortcomings and to Security Bureau. These actions will RIN: 3060–AI22 maximize the use of existing resources; allow the Commission to obtain the (3) improving the operability and necessary information regarding service interoperability of public safety and disruptions in an efficient and 358. E911 REQUIREMENTS FOR 911 communications in times of crisis; expeditious manner and to achieve IP–ENABLED SERVICE PROVIDERS and (4) improving communication of significant concomitant public interest Legal Authority: 47 USC 151; 47 USC emergency information to the public. benefits. 154(i) and 154(j); 47 USC 251(e); 47 The Commission, in this proceeding, is to take the lessons learned from this The Commission received nine USC 303(r) disaster and build upon them to petitions for reconsideration in this Abstract: The notice seeks comment on promote more effective, efficient proceeding, which are pending. what additional steps the Commission response and recovery efforts as well The Further Notice of Proposed should take to ensure that providers of as heightened readiness and Rulemaking (NPRM) expands the voice-over Internet protocol services preparedness in the future. To record in the proceeding to focus that interconnect with the public accomplish this goal, the Commission specifically on the unique switched telephone network provide invited comment on what actions the communications needs of airports, ubiquitous and reliable enhanced 911 Commission can take to address the including wireless and satellite service. Independent Panel’s recommendations.
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FCC—Public Safety and Homeland Security Bureau Long-Term Actions
In the Order released June 8, 2007 (EB Regulatory Flexibility Analysis Communications Commission, Public Docket No. 06-119 and WC Docket No. Required: Yes Safety and Homeland Security Bureau, 06-63), the Commission directed the Agency Contact: Lisa Fowlkes, Deputy 445 12th Street SW., Washington, DC Public Safety and Homeland Security Bureau Chief, Public Safety and 20554 Bureau to implement several of the Homeland Security Bureau, Federal Phone: 202 418–7949 recommendations made by the Communications Commission, Public Email: [email protected] Independent Panel. The Commission Safety and Homeland Security Bureau, also adopted rules requiring some RIN: 3060–AJ01 445 12th Street SW., Washington, DC communications providers to have 20554 emergency/backup power and requiring Phone: 202 418–7452 361. THE COMMERCIAL MOBILE certain communications providers to Email: [email protected] ALERT SYSTEM conduct analyses and submit reports on RIN: the redundancy and resiliency of their 3060–AI78 Legal Authority: PL 109–347 title VI; 911 and E911 networks and/or systems. EO 13407; 47 USC 151; 47 USC 154(i) Finally, the Commission extended 360. ∑ STOLEN VEHICLE RECOVERY limited regulatory relief from Section SYSTEM (SVRS) Abstract: In the Notice of Proposed 272 of the Communications Act of Rulemaking (NPRM), the Commission 1934, as amended, previously accorded Legal Authority: 47 USC 151 and 152; initiated a comprehensive rulemaking by the Wireline Competition Bureau. 47 USC 154(i); 47 USC 301 to 303 to establish a commercial mobile alert In an Order on Reconsideration Abstract: The Report and Order system under which commercial mobile released on October 4, 2007, the amends 47 CFR 90.20(e)(6) governing service providers may elect to transmit Commission considered six petitions stolen vehicle recovery system emergency alerts to the public. for reconsideration and/or clarification operations at 173.075 MHz, by Timetable: of the June 2007 Order that adopted increasing the radiated power limit for the backup power rule (section 12.2 of narrowband base stations; increasing Action Date FR Cite the power output limit for narrowband the Commission’s rules). The Order on NPRM 01/03/08 73 FR 545 Reconsideration granted in part and base stations; increasing the power NPRM Comment 02/04/08 denied in part the petitions. The output limit for narrowband mobile Period End Commission modified the backup transceivers; modifying the base station First R&O 07/24/08 73 FR 43009 power rule to address several duty cycle; increasing the tracking duty Second R&O 08/14/08 73 FR 47550 meritorious issues raised by petitioners. cycle for mobile transceivers; and FNPRM 08/14/08 73 FR 47568 This modification will facilitate carrier retaining the requirement for TV compliance and reduce the burden on channel 7 interference studies and that Third R&O 09/22/08 73 FR 54511 local exchange carriers and commercial such studies must be served on TV Next Action Undetermined mobile radio service providers, while channel 7 stations. Regulatory Flexibility Analysis continuing to further important Timetable: Required: Yes homeland security and public safety goals. Action Date FR Cite Agency Contact: Lisa Fowlkes, Deputy Timetable: NPRM 08/23/06 71 FR 49401 Bureau Chief, Public Safety and NPRM Comment 10/10/06 Homeland Security Bureau, Federal Action Date FR Cite Period End Communications Commission, Public NPRM 07/07/06 71 FR 38564 R&O 10/14/08 73 FR 60631 Safety and Homeland Security Bureau, Order 07/11/07 72 FR 37655 Next Action Undetermined 445 12th Street SW., Washington, DC Delay of Effective Date 08/10/07 72 FR 44978 Regulatory Flexibility Analysis 20554 of Rule Required: Yes Phone: 202 418–7452 Petitions for Recon 08/20/07 72 FR 46485 Email: [email protected] Order on Recon 10/11/07 72 FR 57879 Agency Contact: Zenji Nakazawa, Next Action Undetermined Assoc. Chief, Policy Division, Federal RIN: 3060–AJ03
Federal Communications Commission (FCC) Long-Term Actions Wireless Telecommunications Bureau
362. AMENDMENT OF THE Timetable: Action Date FR Cite COMMISSION’S RULES CONCERNING Action Date FR Cite MARITIME COMMUNICATIONS Fourth R&O 12/13/00 65 FR 77821 NOI/NPRM 11/05/92 57 FR 57717 Fourth NPRM 02/04/02 67 FR 5080 Legal Authority: 47 USC 154; 47 USC FNPRM 04/26/95 60 FR 35507 303 Second MO&O and 07/25/02 67 FR 48560 First R&O 04/26/95 60 FR 34198 Fifth R&O Abstract: This amendment of the Second FNPRM 06/17/97 62 FR 37533 R&O 08/13/03 68 FR 48446 Maritime Radio Service Rules is to Second R&O 06/17/97 62 FR 40281 MO&O 04/15/04 69 FR 19947 Third R&O and MO&O 07/06/98 63 FR 40059 encourage growth and improve the Correcting 07/26/04 69 FR 44471 regulatory structure in VHF maritime MO&O 04/26/99 64 FR 26885 Amendment communications. Third NPRM 12/08/00 65 FR 76966
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FCC—Wireless Telecommunications Bureau Long-Term Actions
Action Date FR Cite 364. IMPLEMENTATION OF THE Regulatory Flexibility Analysis COMMUNICATIONS ACT, Required: Yes Second R&O and 11/08/04 69 FR 64664 AMENDMENT OF THE COMMISSION’S Sixth R&O Agency Contact: Richard Arsenault, RULES—BROADBAND PCS Chief Counsel, Mobility Division, WTB, Final Rule 10/12/06 71 FR 60075 COMPETITIVE BIDDING AND THE Next Action Undetermined Federal Communications Commission, COMMERCIAL MOBILE RADIO 445 12th Street SW., Washington, DC Regulatory Flexibility Analysis SERVICE SPECTRUM CAP 20554 Required: Yes Legal Authority: 47 USC 154(i); 47 USC Phone: 202 418–0920 Agency Contact: Jeff Tobias, Attorney 301 and 302; 47 USC 303(r); 47 USC Email: [email protected] Advisor, Federal Communications 309(j); 47 USC 332 RIN: 3060–AH12 Commission, Wireless Telecommunications Bureau, 445 12th Abstract: NPRM to modify the Street SW., Washington, DC 20554 competitive bidding rules for the 366. FIXED SATELLITE SERVICE AND Phone: 202 418–0680 Broadband PCS F Block. Report and TERRESTRIAL SYSTEM IN THE Email: [email protected] Order, adopted June 21,1996, modified KU–BAND the PCS/cellular rule and the cellular RIN: 3060–AF14 spectrum cap. Legal Authority: 47 USC 154; 47 USC 157; 47 USC 303 Timetable: 363. 39 GHZ CHANNEL PLAN Abstract: The Memorandum Opinion Action Date FR Cite and Order and 2nd Report and Order Legal Authority: 47 USC 154; 47 USC addressed petitions for reconsideration 302; 47 USC 524 O on Recon of Fifth 11/15/00 65 FR 68927 MO&O and D, E, & and established technical, service, and Abstract: This proceeding amends the F R&O licensing rules for Multichannel Video FCC’s rules to facilitate more effective Final Rule 03/02/01 66 FR 13022 Distribution and Data Service (MVDDS) use of the 39 GHz band. Final Rule 06/04/01 66 FR 29911 in the 12 GHz band. MVDDS will Timetable: Third NPRM 08/27/04 69 FR 52632 facilitate the delivery of new Third NPRM Comment 10/04/04 69 FR 59166 communications services, such as video Action Date FR Cite Period Extended and broadband services, to a wide NPRM 01/26/96 61 FR 2465 Next Action Undetermined range of populations, including those NPRM Comment 02/12/96 Regulatory Flexibility Analysis that are unserved or underserved. Period End These rules will allow MVDDS Required: Yes Order 02/22/96 61 FR 6809 licensees to share the 12 GHz band Reply Comments 02/27/96 Agency Contact: Audrey Bashkin, Staff with new operators on a com-primary Order 05/01/96 61 FR 19236 Attorney, Federal Communications basis, and non-harmful interference Second NPRM 01/21/98 63 FR 3075 Commission, Wireless basis with incumbent Direct Broadcast R&O 02/06/98 63 FR 6079 Telecommunications Bureau, 445 12th Satellite service providers. MO&O 08/23/99 64 FR 45891 Street SW., Washington, DC 20554 Timetable: NPRM 12/20/99 64 FR 71088 Phone: 202 418–7535 R&O 01/02/01 66 FR 33 Email: [email protected] Action Date FR Cite NPRM 12/21/01 66 FR 65866 RIN: 3060–AG21 NPRM 01/12/99 64 FR 1786 R&O 03/04/02 67 FR 9610 Order 02/16/99 64 FR 7577 R&O 12/03/02 67 FR 71861 Public Notice 12/15/99 64 FR 70028 R&O 08/13/03 68 FR 48446 365. AMENDMENT OF PART 90 OF FNPRM 01/24/01 66 FR 7607 Third NPRM 08/27/04 69 FR 52632 THE RULES TO ADOPT R&O 02/16/01 66 FR 10601 Third NPRM Comment 10/04/04 69 FR 59166 REGULATIONS FOR AUTOMATIC Petitions for Recon 04/09/01 66 FR 18474 Period Extended VEHICLE MONITORING SYSTEMS Second R&O 06/26/02 67 FR 43031 Next Action Undetermined Legal Authority: 47 USC 154; 47 USC Third R&O 06/18/03 68 FR 42610 Regulatory Flexibility Analysis 251 and 252; 47 USC 303; 47 USC 309; Order To Deny 07/25/03 68 FR 43942 Required: Yes 47 USC 332 Final Rule 05/18/04 69 FR 28062 Final Rule 06/07/04 69 FR 28062 Agency Contact: Ken Burnley, Staff Abstract: This Second Report and Attorney, Federal Communications Correcting 10/04/04 69 FR 59145 Order adopts rules and procedures Amendment Commission, Wireless governing competitive bidding for Next Action Undetermined Telecommunications Bureau, 445 12th multilateration Location and Regulatory Flexibility Analysis Street SW., Washington, DC 20554 Monitoring Service (LMS) frequencies. Phone: 202 418–0664 Required: Yes Email: [email protected] Timetable: Agency Contact: Jennifer Mock, Action Date FR Cite Federal Communications Commission, Jennifer Burton, Attorney, Federal NPRM 10/06/97 62 FR 52078 Wireless Telecommunications Bureau, Communications Commission, Wireless 445 12th Street SW., Washington, DC Telecommunications Bureau, 445 12th NPRM Comment 11/20/97 Period End 20554 Street SW., Washington, DC 20554 Phone: 202 418–1890 Phone: 202 418–7581 Second R&O 07/30/98 63 FR 40659 NPRM 05/03/99 64 FR 23571 Email: [email protected] RIN: 3060–AG16 Next Action Undetermined RIN: 3060–AH17
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FCC—Wireless Telecommunications Bureau Long-Term Actions
367. SERVICE RULES FOR THE regarding the schedule for Private Land Telecommunications Bureau, 445 12th 746–764 AND 776–794 MHZ BANDS, Mobile Radio systems in the 150-174 Street SW., Washington, DC 20554 AND REVISIONS TO THE MHz and 421-512 MHz bands to Phone: 202 418–0680 COMMISSION’S RULES transition to narrowband kHz Email: [email protected] Legal Authority: 47 USC 1; 47 USC technology. RIN: 3060–AH41 4(i); 47 USC 7; 47 USC 10; 47 USC Timetable: 201 and 202; 47 USC 208; 47 USC 214; Action Date FR Cite 370. AMENDMENT OF PARTS 13 AND 47 USC 301; 47 USC 303; 47 USC 307 80 OF THE COMMISSION’S RULES and 308; 47 USC 309(j) and 309(k); 47 NPRM 05/03/99 64 FR 23571 GOVERNING MARITIME USC 310 and 311; 47 USC 315; 47 USC R&O 01/02/01 66 FR 33 COMMUNICATIONS 317; 47 USC 324; 47 USC 331 and 332; MO&O 05/16/02 67 FR 34848 47 USC 336 NPRM 07/17/03 68 FR 42337 Legal Authority: 47 USC 302 to 303 R&O 07/17/03 68 FR 42296 Abstract: The Report and Order in this Abstract: This matter concerns the Order 04/06/04 69 FR 17959 proceeding adopts service rules for amendment of the rules governing Final Rule 06/15/05 70 FR 34666 licensing and auction of commercial maritime communications in order to NPRM 06/15/05 70 FR 34726 services in spectrum in the 700 MHz consolidate, revise and streamline the Final Rule 05/11/05 70 FR 24712 band to be vacated by UHF television regulations as well as address new Final Rule 07/15/05 70 FR 41631 licensees. international requirements and improve Final Rule 04/18/07 72 FR 19387 the operational ability of all users of Timetable: Fourth MO&O 06/17/08 73 FR 34201 marine radios. Action Date FR Cite Next Action Undetermined Timetable: NPRM 07/07/99 64 FR 36686 Regulatory Flexibility Analysis R&O 01/20/00 65 FR 3139 Required: Yes Action Date FR Cite Second R&O 04/04/00 65 FR 17594 Agency Contact: Roberto Mussenden, NPRM 03/24/00 65 FR 21694 MO&O and FNPRM 07/12/00 65 FR 42879 Attorney Advisor, Federal NPRM 08/17/00 65 FR 50173 Second MO&O 02/06/01 66 FR 9035 Communications Commission, 445 12th NPRM 05/17/02 67 FR 35086 Third R&O 02/14/01 66 FR 10204 Street SW., Washington, DC 20554 Report & Order 08/07/03 68 FR 46957 Second MO&O 02/15/01 66 FR 10374 Phone: 202 418–1428 Second R&O, Sixth 04/06/04 69 FR 18007 Order on Recon of 10/10/01 66 FR 51594 Email: [email protected] R&O, Second Third R&O FNPRM Third MO&O and 07/30/02 67 FR 49244 RIN: 3060–AH33 Comments Due 06/07/04 Order Reply Comments Due 07/06/04 Second FNPRM 05/21/08 73 FR 29582 369. AMENDMENT OF THE RULES TO Second R&O and 11/08/04 69 FR 64664 Sixth R&O Next Action Undetermined LICENSE FIXED SERVICES AT 24 GHZ Regulatory Flexibility Analysis NPRM 11/08/06 71 FR 65447 Legal Authority: 47 USC 151; 47 USC Final Action 01/25/08 73 FR 4475 Required: Yes 154; 47 USC 303; 47 USC 309(j) Petition for 03/18/08 73 FR 14486 Agency Contact: William Huber, Reconsideration Abstract: This rulemaking proposes Attorney Advisor, Federal Next Action Undetermined Communications Commission, Wireless licensing and service rules to govern Regulatory Flexibility Analysis Telecommunications Bureau, 445 12th the 24 GHz band generally. Required: Yes Street SW., Washington, DC 20554 Timetable: Agency Contact: Jeff Tobias, Attorney Phone: 202 418–2109 Action Date FR Cite Fax: 202 418–0890 Advisor, Federal Communications Email: [email protected] NPRM 12/20/99 64 FR 71088 Commission, Wireless R&O 08/05/00 65 FR 59350 Telecommunications Bureau, 445 12th RIN: 3060–AH32 Order 06/01/01 66 FR 29722 Street SW., Washington, DC 20554 NPRM 12/21/01 66 FR 65866 Phone: 202 418–0680 368. IMPLEMENTATION OF THE Final Rule 07/27/04 69 FR 44608 Email: [email protected] Next Action Undetermined COMMUNICATIONS ACT OF 1934 AS RIN: 3060–AH55 AMENDED Regulatory Flexibility Analysis Legal Authority: 47 USC 154(i); 47 USC Required: Yes 371. COMPETITIVE BIDDING 303(r); 47 USC 309(j) Agency Contact: Nese Guendelsberger, PROCEDURES Abstract: In the Fourth Memorandum Attorney, Federal Communications Legal Authority: 47 USC 154; 47 USC Opinion and Order in WT Docket No. Commission, Wireless 301 to 303; 47 USC 309; 47 USC 332 99-87 (Fourth Memorandum Opinion Telecommunications Bureau, 445 12th and Order), the Federal Street SW., Washington, DC 20554 Abstract: This proceeding proposes Communications Commission Phone: 202 418–0634 resumption of installment payments for (Commission or FCC) clarifies the Fax: 202 418–1186 broadband Personal Communications Commission’s Third Report and Order Email: [email protected] Services (PCS), for example, for C and in this docket, and takes the F Block, with payment deadline to be opportunity to correct the inadvertent Nancy Zaczek, Attorney, Federal reinstated as of March 31, 1998. The deletion of language in the rules Communications Commission, Wireless proposal contemplates, inter alia,
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FCC—Wireless Telecommunications Bureau Long-Term Actions
changes to the FCC’s C Block rules to Regulatory Flexibility Analysis 374. REEXAMINATION OF ROAMING govern re-auction of surrendered Required: Yes OBLIGATIONS OF COMMERCIAL spectrum in the C Block. The proposal MOBILE RADIO SERVICE PROVIDERS Agency Contact: Michael J. Rowan, was released on October 16, 1997, and Legal Authority: 47 USC 151; 47 USC published in the Federal Register. Attorney–Advisor, Federal Communications Commission, 445 12th 152(n); 47 USC 154(i) and 154(j); 47 Timetable: Street SW., Washington, DC 20554 USC 201(b); 47 USC 251(a); 47 USC 253; 47 USC 303(r); 47 USC Action Date FR Cite Phone: 202 418–1883 Fax: 202 418–7447 332(c)(1)(B); 47 USC 309 Second R&O 10/24/97 62 FR 55348 Email: [email protected] Abstract: This rulemaking considers FNPRM 10/24/97 62 FR 55375 whether the Commission should adopt Order on Recon of 04/08/98 63 FR 17111 RIN: 3060–AH81 Second R&O an automatic roaming rule for Fourth R&O 09/23/98 63 FR 50791 Commercial Mobile Radio Services and Second Order on 05/18/99 64 FR 26887 373. IN THE MATTER OF PROMOTING sunset the current manual roaming Recon of Second EFFICIENT USE OF SPECTRUM requirement. R&O THROUGH ELIMINATION OF Timetable: Recon of Fourth R&O 03/16/00 65 FR 14213 BARRIERS TO THE DEVELOPMENT FNPRM 06/13/00 65 FR 37092 OF SECONDARY MARKETS Action Date FR Cite Sixth R&O and Order 09/05/00 65 FR 53620 NPRM 11/21/00 65 FR 69891 on Recon Legal Authority: 47 USC 151; 47 USC NPRM 09/28/05 70 FR 56612 Order on Recon 02/12/01 66 FR 9773 154(i); 47 USC 157; 47 USC 160; 47 NPRM 01/19/06 71 FR 3029 Seventh R&O 10/29/01 66 FR 54447 USC 201 and 202; 47 USC 208; 47 USC FNPRM 08/30/07 72 FR 50085 Eighth R&O 04/08/02 67 FR 16647 214; 47 USC 301; 47 USC 303; 47 USC Final Rule 08/30/07 72 FR 50064 Final Rule 07/21/03 68 FR 42984 308 to 310 Next Action Undetermined Final Rule 10/07/03 68 FR 57828 Regulatory Flexibility Analysis Final Rule 09/30/05 70 FR 57183 Abstract: The Commission has opened Required: Yes Next Action Undetermined a proceeding to examine actions it may take to remove unnecessary regulatory Agency Contact: Christina Clearwater, Regulatory Flexibility Analysis barriers to the development of more Attorney, Federal Communications Required: Yes robust secondary markets in radio Commission, Wireless Telecom. Agency Contact: Audrey Bashkin, Staff spectrum usage rights. Bureau, Auctions Division, 445 12th Attorney, Federal Communications Timetable: Street SW., Washington, DC 20554 Commission, Wireless Phone: 202 418–1893 Telecommunications Bureau, 445 12th Action Date FR Cite Email: [email protected] Street SW., Washington, DC 20554 NPRM 12/26/00 65 FR 81475 Phone: 202 418–7535 NPRM Comment 01/29/01 66 FR 8149 Won Kim, Attorney, Federal Email: [email protected] Period End Communications Commission, Wireless Telecommunications Bureau, 445 12th RIN: New NPRM Comment 02/09/01 3060–AH57 Period End Street SW., Washington, DC 20554 NPRM 11/25/03 68 FR 66232 Phone: 202 418–1368 372. 2000 BIENNIAL REGULATORY Final Rule 11/25/03 68 FR 66252 Email: [email protected] REVIEW SPECTRUM AGGREGATION NPRM Comment 01/05/04 RIN: 3060–AH83 LIMITS FOR COMMERCIAL MOBILE Period End RADIO SERVICES Final Rule 02/12/04 69 FR 6920 Final Rule 02/25/04 69 FR 8569 375. YEAR 2000 BIENNIAL REVIEW Legal Authority: 47 USC 151; 47 USC Final Rule 11/15/04 69 FR 65544 (WT DOCKET NO. 01–108) 154(i); 47 USC 161; 47 USC 303(g); 47 Final Rule 12/27/04 69 FR 77522 Legal Authority: Not Yet Determined USC 303(r) NPRM 12/27/04 69 FR 77560 Abstract: The year 2000 part 22 Abstract: The Commission has adopted Final Rule 08/01/07 72 FR 41935 Biennial Review Report and Order and a final rule in a proceeding Final Action 01/26/09 74 FR 4344 subsequent Order on Reconsideration reexamining the need for Commercial Next Action Undetermined examined whether certain rules should Mobile Radio Services spectrum be modified or eliminated as a result aggregation limits. Regulatory Flexibility Analysis Required: Yes of technological changes or increased Timetable: competition. Agency Contact: Paul Murray, Staff Action Date FR Cite Timetable: Attorney, Federal Communications NPRM 02/12/01 66 FR 9798 Commission, Wireless Action Date FR Cite NPRM Comment 05/14/01 Telecommunications Bureau, 445 12th Final Rule 04/01/04 69 FR 17063 Period End Street SW., Washington, DC 20554 Final Rule Effective 06/01/04 Final Rule 01/14/02 67 FR 1626 Phone: 202 418–0688 Final Rule 09/15/04 69 FR 55516 Correction to Final 01/31/02 67 FR 4675 Fax: 202 418–7447 Next Action Undetermined Rule Email: [email protected] Petition for Recon 03/21/02 67 FR 13183 Regulatory Flexibility Analysis Next Action Undetermined RIN: 3060–AH82 Required: Yes
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FCC—Wireless Telecommunications Bureau Long-Term Actions
Agency Contact: Linda Chang, Action Date FR Cite Action Date FR Cite Attorney, Federal Communications Commission, Wireless Final Rule 08/24/07 72 FR 48814 Proposed Rule 02/10/03 68 FR 6687 Telecommunications Bureau, 445 12th Final Rule 05/02/08 73 FR 24180 Final Rule 11/22/04 69 FR 67823 Street SW., Washington, DC 20554 Next Action Undetermined Final Rule 11/22/04 69 FR 67853 Phone: 202 418–1339 Regulatory Flexibility Analysis Final Rule 02/08/05 70 FR 6750 Fax: 202 418–7447 Required: Yes Final Rule 02/08/05 70 FR 6761 Email: [email protected] Final Rule 04/06/05 70 FR 17327 Agency Contact: Nina Shafran, Federal Notice 06/15/05 70 FR 34764 RIN: 3060–AI26 Communications Commission, 445 12th Final Rule 09/28/05 70 FR 56583 Street SW., Washington, DC 20554 Notice 10/26/05 70 FR 61823 376. AIR–GROUND Phone: 202 418–2781 Final Rule 12/28/05 70 FR 76704 TELECOMMUNICATIONS SERVICES Email: [email protected] Proposed Rule 09/21/06 71 FR 55149 Clarification 06/20/07 72 FR 33914 Legal Authority: RIN: 3060–AI30 47 USC 151 and Final Rule 07/20/07 72 FR 39756 151(i); 47 USC 161; 47 USC 303(r) Final Rule; Correction 09/28/07 72 FR 54847 Abstract: Re-examination of rules 378. FACILITATING THE PROVISION Notice 09/28/07 72 FR 55208 governing air-ground OF SPECTRUM–BASED SERVICES TO Final Rule; 10/05/07 72 FR 56923 telecommunications services on RURAL AREAS Clarification commercial airplanes. Legal Authority: Not Yet Determined Petition for Recon 10/01/07 72 FR Revision/elimination of 47 CFR 22 non- 557722 cellular provisions. Abstract: This rulemaking will Proposed Rule 11/13/07 72 FR 63869 facilitate the provision of spectrum- Petition for Recon 11/14/07 72 FR 65734 Timetable: based services to rural areas. Proposed Rule 03/31/08 73 FR 16822 Action Date FR Cite Timetable: Final Rule 06/13/08 73 FR 33728 Proposed Rule 07/13/08 73 FR 40274 NPRM 07/25/03 68 FR 44003 Action Date FR Cite NPRM Comment 10/23/03 Petition for Recon 07/28/08 73 FR 4375 Period End NPRM 11/12/03 68 FR 64050 Final Rule 11/17/08 73 FR 67794 Final Rule 04/13/05 70 FR 19293 NPRM Comment 01/26/04 Final Rule 02/06/09 74 FR 6235 NPRM 04/13/05 70 FR 19377 Period End Next Action Undetermined NPRM 12/15/04 69 FR 75174 Final Rule Correction 04/27/05 70 FR 21663 Regulatory Flexibility Analysis Final Rule 12/15/04 69 FR 75144 Final Rule 12/27/05 70 FR 76411 Required: Yes Next Action Undetermined Final Rule 04/27/05 70 FR 21652 Next Action Undetermined Agency Contact: Michael Wilhelm, Regulatory Flexibility Analysis Federal Communications Commission, Regulatory Flexibility Analysis Required: Yes 445 12th Street SW., Washington, DC Required: Yes Agency Contact: Richard Arsenault, 20554 Chief Counsel, Mobility Division, WTB, Agency Contact: Allen A. Barna, Phone: 202 418–0870 Federal Communications Commission, Federal Communications Commission, Email: [email protected] 445 12th Street SW., Washington, DC 445 12th Street SW., Washington, DC RIN: 3060–AI34 20554 20554 Phone: 202 418–0920 Phone: 202 418–0620 Email: [email protected] Email: [email protected] 380. REVIEW OF PART 87 OF THE RIN: 3060–AI31 COMMISSION’S RULES CONCERNING RIN: 3060–AI27 AVIATION (WT DOCKET NO. 01–289) Legal Authority: 47 USC 154; 47 USC 379. IMPROVING PUBLIC SAFETY 377. AMENDMENTS OF VARIOUS 303; 47 USC 307(e) RULES AFFECTING WIRELESS RADIO COMMUNICATIONS IN THE 800 MHZ SERVICES (WT DOCKET NO. 03–264) BAND INDUSTRIAL/LAND Abstract: This proceeding is intended TRANSPORTATION AND BUSINESS to streamline, consolidate and revise Legal Authority: 47 USC 151; 47 USC CHANNELS our part 87 rules governing the 154(i); 47 USC 161; 47 USC 303(r) Aviation Radio Service. The rule Legal Authority: 47 USC 154(i); 47 USC Abstract: This rulemaking proposes to changes are designed to ensure these 303(f); 47 USC 303(r); 47 USC 332 streamline and harmonize wireless rules reflect current technological radio service rules. Abstract: The Commission seeks to advances. improve public safety communications Timetable: Timetable: in the 800 MHz band and consolidate Action Date FR Cite the 800 MHz Industrial/Land Action Date FR Cite NPRM 02/23/04 69 FR 8132 Transportation and Business Pool NPRM 10/16/01 66 FR 64785 NPRM Comment 05/24/04 channels. R&O and FNPRM 10/16/03 Period End Timetable: FNPRM 04/12/04 69 FR 19140 NPRM 10/19/05 70 FR 60770 R&O 06/14/04 69 FR 32577 Action Date FR Cite Final Rule 10/20/05 70 FR 61049 NPRM 12/06/06 71 FR 70710 Proposed Rule 05/02/07 72 FR 24238 NPRM 04/05/02 67 FR 16351 Final Rule 12/06/06 71 FR 70671 Final Rule 05/16/07 72 FR 27688 Final Rule 08/19/02 67 FR 53754 Next Action Undetermined
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FCC—Wireless Telecommunications Bureau Long-Term Actions
Regulatory Flexibility Analysis Regulatory Flexibility Analysis Action Date FR Cite Required: Yes Required: Yes MO&O 04/27/06 71 FR 35178 Agency Contact: Jeff Tobias, Attorney Agency Contact: Kelly Quinn, Further NPRM 03/20/08 73 FR 26067 Advisor, Federal Communications Assistant Chief, Auctions and Spectrum MO&O 03/20/08 73 FR 26032 Commission, Wireless Access Division, Federal Next Action Undetermined Telecommunications Bureau, 445 12th Communications Commission, 445 12th Regulatory Flexibility Analysis Street SW., Washington, DC 20554 Street SW., Washington, DC 20554 Required: Phone: 202 418–0680 Phone: 202 418–7384 Yes Email: [email protected] Email: [email protected] Agency Contact: John Schauble, Deputy Chief, Broadband Division, RIN: 3060–AI35 RIN: 3060–AI88 WTB, Federal Communications Commission, 445 12th Street SW., 381. IMPLEMENTATION OF THE 382. FACILITATING THE PROVISION Washington, DC 20554 COMMERCIAL SPECTRUM OF FIXED AND MOBILE BROADBAND Phone: 202 418–0797 ENHANCEMENT ACT (CSEA) AND ACCESS EDUCATIONAL AND OTHER Email: [email protected] MODERNIZATION OF THE ADVANCED SERVICES IN THE RIN: 3060–AJ12 COMMISSION’S COMPETITIVE 2150–2162 AND 2500–2690 MHZ BIDDING RULES AND PROCEDURES BANDS; REVIEWING OF THE (WT DOCKET NO. 05–211) SPECTRUM SHARING PLAN AMONG 383. ∑ AMENDMENT OF THE RULES NON–GEOST REGARDING MARITIME AUTOMATIC Legal Authority: 15 USC 79; 47 USC IDENTIFICATION SYSTEMS; WT Legal Authority: 47 USC 154; 47 USC 151; 47 USC 154(i) and (j); 47 USC 155; DOCKET NO. 04–344 47 USC 155(c); 47 USC 157; 47 USC 301 to 303; 47 USC 307 ; 47 USC 309; 225; 47 USC 303(r); 47 USC 307; 47 47 USC 332; 47 USC 336 and 337 Legal Authority: 47 USC 154; 47 USC USC 309; 47 USC 309(j); 47 USC 325(e); Abstract: The Commission seeks 302(a); 47 USC 303; 47 USC 306; 47 47 USC 334; 47 USC 336; 47 USC 339; comment on whether to assign USC 307(e); 47 USC 332; 47 USC 47 USC 554 Educational Broadband Service (EBS) 154(i); 47 USC 161 Abstract: This proceeding implements spectrum in the Gulf of Mexico. It also Abstract: This action adopts additional rules and procedures needed to comply seeks comment on how to license measures for domestic implementation with the recently enacted Commercial unassigned and available EBS of Automatic Identification Systems Spectrum Enhancement Act (CSEA). It spectrum. Specifically, we seek (AIS), an advanced marine vessel establishes a mechanism for comment on whether it would be in tracking and navigation technology that reimbursing federal agencies out of the public interest to develop a scheme can significantly enhance our nation’s spectrum auction proceeds for the cost for licensing unassigned EBS spectrum homeland security as well as maritime of relocating their operations from that avoids mutual exclusivity; we ask safety. certain ‘‘eligible frequencies’’ that have whether EBS eligible entities could Timetable: participate fully in a spectrum auction; been reallocated from Federal to non- Action Date FR Cite Federal use. It also seeks to improve we seek comment on the use of small the Commission’s ability to achieve business size standards and bidding Final Rule 01/29/09 74 FR 5117 Congress’s directives with regard to credits for EBS if we adopt a licensing Final Rule Effective 03/02/09 designated entities and to ensure that, scheme that could result in mutually Next Action Undetermined in accordance with the intent of exclusive applications; we seek Regulatory Flexibility Analysis Congress, every recipient of its comment on the proper market size and Required: Yes size of spectrum blocks for new EBS designated entity benefits is an entity Agency Contact: Jeff Tobias, Attorney that uses its licenses to directly provide licenses; and we seek comment on issuing one license to a State agency Advisor, Federal Communications facilities-based telecommunications Commission, Wireless services for the benefit of the public. designated by the Governor to be the spectrum manager, using frequency Telecommunications Bureau, 445 12th Timetable: coordinators to avoid mutually Street SW., Washington, DC 20554 Action Date FR Cite exclusive EBS applications, as well as Phone: 202 418–0680 Email: [email protected] NPRM 06/14/05 70 FR 43372 other alternative licensing schemes. RIN: 3060–AJ16 Declaratory Ruling 06/14/05 70 FR 43322 The Commission must develop a new R&O 01/24/06 71 FR 6214 licensing scheme for EBS in order to achieve the Commission’s goal of FNPRM 02/03/06 71 FR 6992 384. ∑ SERVICE RULES FOR facilitating the development of new and Second R&O 04/25/06 71 FR 26245 ADVANCED WIRELESS SERVICES IN innovative wireless services for the Order on Recon of 06/02/06 71 FR 34272 THE 2155–2175 MHZ BAND Second R&O benefit of students throughout the Legal Authority: 47 USC 151 and 152; NPRM 06/21/06 71 FR 35594 nation. 47 USC 154(i); 47 USC 157; 47 USC Comment Period End 09/20/06 Timetable: 160; 47 USC 201; 47 USC 214; 47 USC Reply Comment 10/20/06 Action Date FR Cite Period End 301 2nd Order and Recon 04/04/08 73 FR 18528 NPRM 04/02/03 68 FR 34560 Abstract: This proceeding explores the of 2nd R&O FNPRM 07/29/04 69 FR 72048 possible uses of the 2155-2175 MHz Next Action Undetermined R&O 07/29/04 69 FR 72020 frequency band (AWS-3) to support the
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FCC—Wireless Telecommunications Bureau Long-Term Actions
introduction of new advanced wireless 385. ∑ SERVICE RULES FOR Agency Contact: Jennifer Mock, services, including third generations as ADVANCED WIRELESS SERVICES IN Federal Communications Commission, well as future generations of wireless THE 1915–1920 MHZ, 1995–2000 MHZ, Wireless Telecommunications Bureau, systems. Advanced wireless systems 2020–2025 MHZ AND 2175–2180 MHZ 445 12th Street SW., Washington, DC could provide for a wide range of voice BANDS 20554 Phone: 202 418–1890 data and broadband services over a Legal Authority: 47 USC 151 and 152; Email: [email protected] variety of mobile and fixed networks. 47 USC 154(i); 47 USC 157; 47 USC 160; 47 USC 201; 47 USC 214; 47 USC RIN: 3060–AJ20 The Notice of Proposed Rulemaking 301; (NPRM) sought comment on what ∑ service rules should be adopted in the Abstract: This proceeding explores the 386. RULES AUTHORIZING THE AWS-3 band. We requested comment possible uses of the 1915-1920 MHz, OPERATION OF LOW POWER on rules for licensing this spectrum in 1995-2000 MHz, 2020-2025 MHz, and AUXILIARY STATIONS IN THE 698–806 a manner that will permit it to be fully 2175-2180 MHz Bands (collectively MHZ BAND, WT DOCKET NO. 08–166; and promptly utilized to bring AWS-2) to support the introduction of PUBLIC INTEREST SPECTRUM advanced wireless services to American new advanced wireless services, COALITION, PETITION FOR RULEMAKING REGARDING LOW consumers. Our objective is to allow for including third generations as well as POWER AUXILIARY the most effective and efficient use of future generations of wireless systems. the spectrum in this band, while also Advanced wireless systems could Legal Authority: 47 USC 151 and 152; encouraging development of robust provide for a wide range of voice data 47 USC 154(i) and 154(j); 47 USC 301 wireless broadband services. We and broadband services over a variety and 302(a); 47 USC 303; 47 USC 303(r); proposed to apply our flexible, market- of mobile and fixed networks. 47 USC 304; 47 USC 307 to 309; 47 oriented rules to the band in order to The Notice of Proposed Rulemaking USC 316; 47 USC 332; 47 USC 336 and meet this objective. (NPRM) sought comment on what 337 service rules should be adopted in the Abstract: In the Notice of Proposed Thereafter, the Commission released a AWS-2 band. We requested comment Rulemaking and Order, to facilitate the Further Notice of Proposed Rulemaking on rules for licensing this spectrum in DTV transition the Commission (FNPRM), seeking comment on the a manner that will permit it to be fully tentatively concludes to amend its rules Commission’s proposed AWS-3 rules, and promptly utilized to bring to make clear that the operation of low which include adding 5 megahertz of advanced wireless services to American power auxiliary stations within the 700 spectrum (2175-80 MHz) to the AWS- consumers. Our objective is to allow for MHz Band will no longer be permitted 3 band, and requiring licensees of that the most effective and efficient use of after the end of the DTV transition. The spectrum to provide—-using up to 25 the spectrum in this band, while also Commission also tentatively concludes percent of its wireless network encouraging development of robust to prohibit the manufacture, import, capacity—-free, two-way broadband wireless broadband services. sale, offer for sale, or shipment of Internet service at engineered data rates devices that operate as low power Thereafter, the Commission released a of at least 768 kbps downstream. auxiliary stations in the 700 MHz Band. Further Notice of Proposed Rulemaking In addition, for those licensees that Timetable: (FNPRM), seeking comment on the have obtained authorizations to operate Commission’s proposed rules for the Action Date FR Cite low power auxiliary stations in 1915-1920 MHz and 1995-2000 MHz spectrum that includes the 700 MHz NPRM 11/14/07 72 FR 64013 bands. In addition, the Commission Band beyond the end of the DTV NPRM Comment 01/14/08 proposed to add 5 megahertz of transition, the Commission tentatively Period End spectrum (2175-80 MHz band) to the concludes that it will modify these FNPRM 06/25/08 73 FR 35995 2155-2175 MHz band, and would licenses so as not to permit such FNPRM Comment 08/11/08 require the licensee of the 2155-2180 operations in the 700 MHz Band after Period End MHz band to provide—-using up to 25 February 17, 2009. The Commission Next Action Undetermined percent of its wireless network also seeks comment on issues raised by capacity—-free, two-way broadband the Public Interest Spectrum Coalition Regulatory Flexibility Analysis Internet service at engineered data rates (PISC) in its informal complaint and Required: Yes of at least 768 kbps downstream. petition for rulemaking. Agency Contact: Jennifer Mock, Timetable: The Commission also imposes a freeze Federal Communications Commission, Action Date FR Cite on the filing of new license Wireless Telecommunications Bureau, applications that seek to operate on any NPRM 11/02/04 69 FR 63489 445 12th Street SW., Washington, DC 700 MHz Band frequencies (698- 806 NPRM Comment 01/24/05 MHz) after the end of the DTV 20554 Period End transition, February 17, 2009 as well Phone: 202 418–1890 FNPRM 06/25/08 73 FR 35995 as on granting any request for Email: [email protected] FNPRM Comment 08/11/08 Period End equipment authorization of low power RIN: 3060–AJ19 Next Action Undetermined auxiliary station devices that would operate in any of the 700 MHz Band Regulatory Flexibility Analysis frequencies. The Commission also Required: Yes holds in abeyance, until the conclusion
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of this proceeding, any pending license Email: [email protected] licenses in September 2004, the lift applications and equipment RIN: 3060–AJ21 being tied to the completion of authorization requests that involve rebanding in each 800 MHz National operation of low power auxiliary Public Safety Planning Advisory ∑ devices on frequencies in the 700 MHz 387. AMENDMENT OF THE Committee (NPSPAC) region. COMMISSION’S RULES TO IMPROVE Band after the end of the DTV Timetable: transition. PUBLIC SAFETY COMMUNICATIONS IN THE 800 MHZ BAND, AND TO Action Date FR Cite Timetable: CONSOLIDATE THE 800 MHZ AND 900 NPRM 03/18/05 70 FR 13143 MHZ BUSINESS AND Action Date FR Cite NPRM Comment 06/12/05 70 FR 23080 INDUSTRIAL/LAND Period End NPRM 09/03/08 73 FR 51406 TRANSPORTATION POOL CHANNELS Final Rule 12/16/08 73 FR 67794 NPRM Comment 10/20/08 Legal Authority: 47 USC 151; 47 USC Next Action Undetermined Period End 154(i); 47 USC 303; 47 USC 309; 47 Regulatory Flexibility Analysis Next Action Undetermined USC 332 Required: Yes Regulatory Flexibility Analysis Abstract: This action adopts rules Agency Contact: Michael Connelly, Required: Yes which retains the current site-based licensing paradigm for the 900 MHz Attorney Advisor, Federal Agency Contact: G. William Stafford, B/ILT ‘‘white space,’’ adopts Communications Commission, Wireless Attorney, Federal Communications interference protection rules applicable Telecommunications Bureau, 445 12th Commission, 445 12th Street SW., to all licensees operating in the 900 Street SW., Washington, DC 20554 Washington, DC 20554 MHz B/ILT spectrum; and lifts, on a Phone: 202 418–0132 Phone: 202 418–0563 rolling basis, the freeze placed on Email: [email protected] Fax: 202 418–3956 applications for new 900 MHz B/ILT RIN: 3060–AJ22
Federal Communications Commission (FCC) Completed Actions Wireless Telecommunications Bureau
388. RESALE AND ROAMING adopt rules requiring cellular, Action Date FR Cite OBLIGATIONS PERTAINING TO broadband PCS, and covered SMR COMMERCIAL MOBILE RADIO providers to provide automatic roaming First R&O 07/12/96 61 FR 38399 SERVICES in their coverage areas, and whether Second R&O and 08/15/96 61 FR 44026 both automatic and manual roaming Third NPRM Legal Authority: PL 103–66, sec 6002, requirements should sunset five years MO&O and O on 11/09/99 64 FR 61022 Recon Omnibus Budget Reconciliation Act of after the initial grant of PCS licenses. 1993 The Third MO&O generally affirmed Regulatory Flexibility Analysis Abstract: On an interim basis, the First the Commission’s earlier decision to Required: Yes Report and Order extends to broadband extend the cellular resale rule to Agency Contact: Jane Phillips, PCS and covered SMR providers the include certain PCS and SMR providers Attorney, Federal Communications cellular rule that prohibits restricting and to sunset the rule until November Commission, Wireless resale of communications services. The 24, 2002. However, it modified the Telecommunications Bureau, 445 12th new rules sunset five years after the prior decision by removing customer Street SW., Washington, DC 20554 last group of initial licensees for premise equipment (CPE) and CPE in Phone: 202 418–1310 currently allocated broadband PCS bundled packages from the scope of the spectrum is awarded. The rules also resale rule, by revising the scope of the RIN: 3060–AF58 eliminate all exceptions to the rule that resale rule to exclude all C, D, E, and allowed cellular licensees to restrict F block PCS licensees that do not own 389. IMPLEMENTATION OF THE resale by competing with fully and control and are not controlled by COMMUNICATIONS ACT, operational cellular licensees in the cellular or A or B block licensees, and COMPETITIVE BIDDING; 218–219 MHZ same geographic market. The by exempting from the rule all SMR COMPETITIVE BIDDING RULES Commission successfully adopted a and other CMRS providers that do not Legal Authority: Second Report and Order and Third utilize in-network switching facilities. 47 USC 154(i); 47 USC 303(r); 47 USC 309(j) Notice of Proposed Rulemaking in this Timetable: proceeding. The Second Report and Abstract: Tenth Report and Order Order extends the Commission’s Action Date FR Cite modifies the competitive bidding rules cellular rules on manual roaming by NPRM 07/13/94 59 FR 35664 for the upcoming auction of 218-219 any individual whose handset is NOI 07/13/94 59 FR 35664 MHz: (1) Eliminates bidding credits capable of accessing the network of a NPRM Comment 09/29/94 available to women- and minority- cellular, broadband PCS, or covered Period End owned 218-219 MHz applicants; (2) SMR provider. The Third NPRM, NPRM 04/04/95 60 FR 20949 extends two levels of bidding credits among other things, sought comment NPRM Comment 07/14/95 to small businesses based on a two- on whether the Commission should Period End tiered small business definition; (3)
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FCC—Wireless Telecommunications Bureau Completed Actions
clarifies the attribution rules for 391. AMENDMENT OF PART I OF THE Telecom Bureau, 445 12th Street SW., affiliates of 218-219 MHz applicants; COMMISSION’S RULES— Washington, DC 20554 and (4) increases the amount of the COMPETITIVE BIDDING Phone: 202 418–0680 upfront payments required to PROCEDURES Email: [email protected] participate in the 218-219 MHz auction. Legal Authority: 47 USC 151; 47 USC RIN: 3060–AH84 Timetable: 154; 47 USC 202; 47 USC 303; 47 USC 309(j) Action Date FR Cite 393. REVIEW OF QUIET ZONES Abstract: R&O 04/25/94 59 FR 24947 This proceeding proposes to APPLICATION PROCEDURES amend and modify the competitive FNPRM 08/06/96 61 FR 49103 Legal Authority: 47 USC 1; 47 USC bidding rules for all auctionable R&O 11/15/96 61 FR 60198 154(i); 47 USC 161; 47 USC 303(g); 47 services. FNPRM 09/30/98 63 FR 52215 USC 303(r) Timetable: MO&O 10/08/98 63 FR 54073 Abstract: Review of Quiet Zones rules R&O and MO&O 11/03/99 64 FR 59656 Action Date FR Cite for possible streamlining while Order on Recon 12/29/99 64 FR 72956 NPRM 03/21/97 62 FR 13570 ensuring adequate protection from Second Order on 02/07/01 66 FR 9212 interference. Recon NPRM Comment 04/16/97 Third Order on Recon 06/24/02 67 FR 42507 Period End Timetable: of R&O and MO&O Second FNPRM 01/07/98 63 FR 770 Third R&O 01/15/98 63 FR 2315 Action Date FR Cite Regulatory Flexibility Analysis Fifth R&O, Order on 08/29/00 65 FR 52323 NPRM 12/21/01 66 FR 65866 Required: Yes Recon NPRM Comment 02/06/02 Agency Contact: William Huber, Fourth FNPRM 08/29/00 65 FR 52401 Period End Attorney Advisor, Federal Seventh R&O 10/29/01 66 FR 54447 R&O 04/06/04 69 FR 17946 Communications Commission, Wireless Eighth R&O 04/08/02 67 FR 16647 Final Rule 09/23/04 69 FR 56956 Telecommunications Bureau, 445 12th Second Order on 07/21/03 68 FR 42984 Final Rule 12/06/04 69 FR 70378 Street SW., Washington, DC 20554 Recon of Third R&O Regulatory Flexibility Analysis and Order on Recon Phone: 202 418–2109 Required: Yes Fax: 202 418–0890 of Fifth R&O Email: [email protected] Final Rule 09/30/05 70 FR 57183 Agency Contact: Linda Chang, Attorney, Federal Communications RIN: 3060–AG00 Regulatory Flexibility Analysis Required: Yes Commission, Wireless Bureau, 445 12th Street SW., Washington, DC 20554 Agency Contact: William Huber, 390. MULTIPLE ACCESS SYSTEMS Phone: 202 418–1339 Attorney Advisor, Federal Email: [email protected] Legal Authority: 47 USC 302 to 303 Communications Commission, Wireless RIN: 3060–AH88 Abstract: This proceeding amended the Telecommunications Bureau, 445 12th FCC’s rules regarding multiple address Street SW., Washington, DC 20554 systems (MAS) in the microwave Phone: 202 418–2109 394. REALLOCATION AND SERVICE service. It streamlined regulations and Fax: 202 418–0890 RULES FOR THE 698–746 MHZ established a framework for MAS Email: [email protected] SPECTRUM BAND (TELEVISION spectrum that provides opportunities RIN: 3060–AG87 CHANNELS 52–59) for continued development of Legal Authority: 47 USC 151 and 152; competitive service offerings by 47 USC 154(i); 47 USC 155(c); 47 USC allowing a variety of services. 392. AMENDMENT TO LICENSING LOW POWER OPERATIONS IN 157; 47 USC 201 and 202; 47 USC 208; Timetable: 450–470 MHZ BAND 47 USC 214; 47 USC 301 to 302(g); 47 Action Date FR Cite USC 303; 47 USC 307; 47 USC 309 to Legal Authority: 47 USC 1; 47 USC 311; 47 USC 314; 47 USC 316; 47 USC NPRM 01/19/97 62 FR 11407 154; 47 USC 302 and 303; 47 USC 332 319; 47 USC 324; 47 USC 331 to 333; Order 09/17/98 63 FR 53350 Abstract: The proposed amendments 47 USC 336; 47 USC 534 and 535 FNPRM 05/18/99 64 FR 38617 facilitate the viability of low power Abstract: The Commission has adopted R&O 04/03/00 65 FR 17445 operations in the private land mobile allocation and service rules for the 48 MO&O 07/03/01 66 FR 35107 radio 450-470 MHz Band. MHz of spectrum in the 698-746 MHz Final Rule 07/22/04 69 FR 43772 Timetable: band currently occupied by television Regulatory Flexibility Analysis channels 52-59. Required: Yes Action Date FR Cite Timetable: Agency Contact: Shellie Blakeney, NPRM 09/12/01 66 FR 47435 Attorney, Federal Communications R&O 04/21/03 68 FR 19444 Action Date FR Cite Commission, Wireless Final Rule 09/25/03 68 FR 55319 NPRM 04/13/01 66 FR 19106 Telecommunications Bureau, 445 12th Final Rule 10/12/04 69 FR 60561 R&O 02/06/02 67 FR 5491 Street SW., Washington, DC 20554 Regulatory Flexibility Analysis MO&O 07/09/02 67 FR 45380 Phone: 202 418–0680 Required: Yes Final Rule 08/28/04 69 FR 51706 Email: [email protected] Agency Contact: Scot Stone, Federal Regulatory Flexibility Analysis RIN: 3060–AG86 Communications Commission, Wireless Required: Yes
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Agency Contact: Michael J. Rowan, 396. AMENDMENT OF COMMISSION the Hearing Aid Compatibility Act of Attorney–Advisor, Federal RULES CONCERNING AIRPORT 1988 (HAC Act) to require that digital Communications Commission, 445 12th TERMINAL USE FREQUENCIES wireless phones be capable of being Street SW., Washington, DC 20554 450–470 MHZ BAND OF THE PRIVATE effectively used with hearing aids. It Phone: 202 418–1883 LAND MOBILE RADIO SERVICES (WT finds that modifying the exemption will Fax: 202 418–7447 DOCKET NO. 02–318) extend the benefits of wireless Email: [email protected] Legal Authority: 47 USC 154(i); 47 USC telecommunications to individuals with 303(g); 47 USC 303(r); 47 USC 332(c)(7) hearing disabilities—including RIN: 3060–AH89 emergency, business, and social Abstract: The Commission seeks communications—thereby increasing comment on revisions to the use of the value of the wireless network for 395. EXTENDING WIRELESS Airport Terminal Use (ATU) all Americans. TELECOMMUNICATIONS SERVICES frequencies in the 45-470 Private Land This proceeding was terminated in TO TRIBAL LANDS Mobile Radio Industrial Business Pool. 2007 pursuant to Commission decision Timetable: Legal Authority: 47 USC 151; 47 USC in 22 FCC Rcd 19670 (2007). Action Date FR Cite 154(i); 47 USC 303(r); 47 USC 309(j); Timetable: NPRM 11/21/02 67 FR 70196 Action Date FR Cite Abstract: This action amends rules to NPRM Comment 01/06/03 encourage carriers to provide Period End NPRM 11/23/01 66 FR 58703 telecommunications services to tribal Final Rule 03/24/05 70 FR 15005 R&O 09/16/03 68 FR 54173 lands. Regulatory Flexibility Analysis Notice 11/14/03 68 FR 64625 Required: Yes NPRM 07/27/05 70 FR 43386 Timetable: Final Rule 07/27/05 70 FR 43323 Agency Contact: John Evanoff, Action Date FR Cite NPRM 08/21/06 71 FR 48506 Attorney, Federal Communications NPRM Comment 09/20/06 Final Rule 05/02/03 68 FR 23417 Commission, Public Safety and Period End Final Rule Effective 07/01/03 Homeland Security Bureau, 445 12th NPRM 09/26/06 71 FR 57455 Final Rule 10/18/04 69 FR 61317 Street SW., Washington, DC 20554 NPRM 05/02/07 72 FR 24236 Phone: 202 418–0848 Final Rule 05/16/07 72 FR 27688 Regulatory Flexibility Analysis Email: [email protected] Final Rule 08/24/07 72 FR 48814 Required: Yes RIN: 3060–AI33 Regulatory Flexibility Analysis Agency Contact: Michael Connelly, Required: Yes Attorney Advisor, Federal 397. HEARING AID–COMPATIBLE Agency Contact: Andra Cunningham, Communications Commission, Wireless TELEPHONES (WT DOCKET NOS. Attorney Advisor, Federal Telecommunications Bureau, 445 12th 01–309 & 06–150) Communications Commission, 445 12th Street SW., Washington, DC 20554 Legal Authority: 47 USC 154; 47 USC Street SW., Washington, DC 20554 Phone: 202 418–0132 160; 47 USC 251 to 254; 47 USC 303; Phone: 202 418–1630 Email: [email protected] 47 USC 332 Fax: 202 428–2227 Email: [email protected] RIN: 3060–AI32 Abstract: This item modifies exemptions for wireless phones under RIN: 3060–AI57
Federal Communications Commission (FCC) Long-Term Actions Wireline Competition Bureau
398. IMPLEMENTATION OF THE comparable to those charged in urban should determine those other principles UNIVERSAL SERVICE PORTIONS OF areas. In addition, the 1996 Act states that, consistent with the 1996 Act, are THE 1996 TELECOMMUNICATIONS that all providers of necessary to protect the public interest. ACT telecommunications services should On April 16, 2007, the Commission Legal Authority: 47 USC 151 et seq contribute to Federal universal service issued a Notice of Inquiry, which in some equitable and Abstract: The goals of Universal begins the 5th inquiry under section nondiscriminatory manner; there Service, as mandated by the 1996 Act, 706 of the Telecom Act of 96. The are to promote the availability of should be specific, predictable, and Commission seeks comment on various quality services at just, reasonable, and sufficient Federal and State market, investment, and technological affordable rates; increase access to mechanisms to preserve and advance trends in order for the Commission to advanced telecommunications services universal service; all schools, analyze and assess whether throughout the Nation; advance the classrooms, health care providers, and infrastructure capable of supporting availability of such services to all libraries should, generally, have access advanced services is being made consumers, including those in low to advanced telecommunications available to all Americans. income, rural, insular, and high-cost services; and finally, that the Federal- On May 14, 2007, the Commission areas at rates that are reasonably State Joint Board and the Commission issued a Notice of Proposed
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FCC—Wireline Competition Bureau Long-Term Actions
Rulemaking where it sought comment serving rural, insular, and high-cost Action Date FR Cite on the recommendation of the Federal- areas. State Joint Board on Universal Service Second Order on 11/26/97 62 FR 65036 On January 29, 2008, the Commission Recon (Joint Board) that the Commission take issued a Notice of Proposed immediate action to rein in the Fourth Order on 12/30/97 62 FR 2093 Rulemaking where the Commission Recon explosive growth in high-cost universal sought comment on ways to reform the Fifth Order on Recon 06/22/98 63 FR 43088 service support disbursements. The high-cost universal service program. Fifth R&O 10/28/98 63 FR 63993 Commission specifically sought Specifically, the Commission sought Eighth Order on 11/21/98 comment on the Joint Board’s comment on the recommendation of the Recon recommendation that the Commission Federal-State Joint Board on Universal Second 11/25/98 63 FR 67837 impose an interim, emergency cap on Service regarding comprehensive Recommended the amount of high-cost support that reform of high-cost universal service Decision competitive eligible support. Thirteenth Order on 06/09/99 64 FR 30917 telecommunications carriers (ETCs) Recon may receive. The Joint Board also On May 1, 2008, the Commission FNPRM 06/14/99 64 FR 31780 recommended that both it and the issued a Public Notice informing the FNPRM 09/30/99 64 FR 52738 Commission further explore public that the FCC takes action to cap Fourteenth Order on 11/16/99 64 FR 62120 comprehensive high-cost distribution high-cost support under the universal Recon reform, and sought comment on various service fund interim cap that will keep Fifteenth Order on 11/30/99 64 FR 66778 reform proposals in a Public Notice costs down for consumers pending Recon released on the same day as the comprehensive reform. Tenth R&O 12/01/99 64 FR 67372 Recommended Decision. On July 31, 2008, the Commission Ninth R&O and 12/01/99 64 FR 67416 issued a Notice of Proposed Eighteenth Order on On August 29, 2007, the Commission Rulemaking that sought comment on Recon issued a Report and Order where the changes to the eligible services list. Nineteenth Order on 12/30/99 64 FR 73427 Commission adopted measures to Recon safeguard the Universal Service Fund On September 12, 2008, the Twentieth Order on 05/08/00 65 FR 26513 from waste, fraud, and abuse as well Commission issued a Notice of Inquiry Recon as measures to improve the where the Commission sought comment Public Notice 07/18/00 65 FR 44507 management, administration, and on ways to further strengthen Twelfth R&O, MO&O 08/04/00 65 FR 47883 oversight of the USF. management, administration, and and FNPRM oversight of the universal service fund FNPRM and Order 11/09/00 65 FR 67322 On November 19, 2007, the (USF), how to define more clearly the FNPRM 01/26/01 66 FR 7867 Commission issued an Order where the goals of the USF, and to identify any R&O and Order on 03/14/01 66 FR 16144 Commission selected participants for additional quantifiable performance Recon the universal service RHC Pilot measures that may be necessary or NPRM 05/08/01 66 FR 28718 Program established by the Commission desirable. Order 05/22/01 66 FR 35107 in the 2006 Pilot Program Order. Fourteenth R&O and 05/23/01 66 FR 30080 On November 5, 2008, the Commission On November 20, 2007, the Joint Board FNPRM issued an Order on Remand, Report FNPRM and Order 01/25/02 67 FR 7327 on Universal Service issued a and Order, and Further Notice of Recommended Decision that NPRM 02/15/02 67 FR 9232 Proposed Rulemaking that addressed NPRM and Order 02/15/02 67 FR 10846 recommends the FCC address the long- compensation rates for ISP-bound term reform issues facing the high-cost FNPRM and R&O 02/26/02 67 FR 11254 traffic, declines to adopt the Joint NPRM 04/19/02 67 FR 34653 universal service support system and Board’s recommendations for reforming make fundamental revisions in the Order and Second 12/13/02 67 FR 79543 distribution of high-cost universal FNPRM structure of existing Universal Service service support, and sought further NPRM 02/25/03 68 FR 12020 mechanisms. comment on comprehensive universal Public Notice 02/26/03 68 FR 10724 On January 29, 2008, the Commission service and intercarrier compensation Second R&O and 06/20/03 68 FR 36961 issued a Notice of Proposed reform. FNPRM Rulemaking where the Commission Timetable: Twenty–Fifth Order on 07/16/03 68 FR 41996 sought comment on the it’s rules Recon, R&O, Order, governing the amount of high-cost Action Date FR Cite and FNPRM universal service support provided to Recommended 11/08/96 61 FR 63778 NPRM 07/17/03 68 FR 42333 competitive eligible Decision Order 07/24/03 68 FR 47453 telecommunications carriers (ETCs). Federal–State Joint Order 08/06/03 68 FR 46500 Board, Universal Order and Order on 08/19/03 68 FR 49707 On January 29, 2008, the Commission Service Recon issued a Notice of Proposed First R&O 05/08/97 62 FR 32862 Order on Remand, 10/27/03 68 FR 69641 Rulemaking where the Commission Second R&O 05/08/97 62 FR 32862 MO&O, FNPRM sought comment on the merits of using Order on Recon 07/10/97 62 FR 40742 R&O, Order on Recon, 11/17/03 68 FR 74492 reverse auctions (a form of competitive R&O and Second 07/18/97 62 FR 41294 FNPRM bidding) to determine the amount of Order on Recon R&O, FNPRM 02/26/04 69 FR 13794 high-cost universal service support Second R&O, and 08/15/97 62 FR 47404 R&O, FNPRM 04/29/04 provided to eligible FNPRM NPRM 05/14/04 69 FR 3130 telecommunications carriers (ETCs) Third R&O 10/14/97 62 FR 56118 NPRM 06/08/04 69 FR 40839
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Action Date FR Cite Abstract: The Commission adopted filed by Beehive Telephone Company, rules implementing the new statutory Inc., which related to numbering Order 06/28/04 69 FR 48232 framework governing carrier use and administration. Order on Recon & 07/30/04 69 FR 55983 disclosure of customer proprietary On September 9, 1999, the Commission Fourth R&O network information (CPNI) created by Fifth R&O and Order 08/13/04 69 FR 55097 released the Second Order on section 222 of the Communications Act Reconsideration (FCC 99-227), resolving Order 08/26/04 69 FR 57289 of 1934, as amended. CPNI includes, Second FNPRM 09/16/04 69 FR 61334 petitions for reconsideration of rules among other things, to whom, where, adopted in the Local Competition Order & Order on 01/10/05 70 FR 10057 and when a customer places a call, as Recon Second Report and Order to implement well as the types of service offerings Sixth R&O 03/14/05 70 FR 19321 the requirement of 47 U.S.C. section to which the customer subscribes and R&O 03/17/05 70 FR 29960 251(b)(3) that LECs provide non- the extent to which the service is used. MO&O 03/30/05 70 FR 21779 discriminatory access to directory NPRM & FNPRM 06/14/05 70 FR 41658 Timetable: assistance, directory listing and Order 10/14/05 70 FR 65850 Action Date FR Cite operator services. At the same time, the Order 10/27/05 Commission released a Notice of NPRM 05/28/96 61 FR 26483 NPRM 01/11/06 71 FR 1721 Proposed Rulemaking (NPRM) (also Public Notice 02/25/97 62 FR 8414 Report Number 2747 01/12/06 71 FR 2042 FCC 99-227) seeking comment on Second R&O and 04/24/98 63 FR 20364 Order 02/08/06 71 FR 6485 issues related to developments in, and FNPRM FNPRM 03/15/06 71 FR 13393 the convergence of, directory Order on Recon 10/01/99 64 FR 53242 R&O and NPRM 07/10/06 71 FR 38781 publishing and directory assistance. Final Rule, 01/26/01 66 FR 7865 Order 01/01/06 71 FR 6485 Announcement of On October 21, 1999, the Commission Order 05/16/06 71 FR 30298 Effective Date released the Third Order on MO&O and FNPRM 05/16/06 71 FR 29843 Clarification Order and 09/07/01 66 FR 50140 Reconsideration (FCC 99-243), resolving R&O 06/27/06 71 FR 38781 Second NPRM the remaining petitions for Public Notice 08/11/06 71 FR 50420 Third R&O and Third 09/20/02 67 FR 59205 reconsideration regarding numbering Order 09/29/06 71 FR 65517 FNPRM administration under 47 U.S.C. section Public Notice 03/12/07 72 FR 36706 NPRM 03/15/06 71 FR 13317 251(e)(1). On January 29, 2002, the Public Notice 03/13/07 72 FR 40816 NPRM 06/08/07 72 FR 31782 Commission released an Order on Public Notice 03/16/07 72 FR 39421 Final Rule, 06/08/07 72 FR 31948 Reconsideration (FCC02-11) dismissing Notice of Inquiry 04/16/07 Announcement of petitions for reconsideration or NPRM 05/14/07 72 FR 28936 Effective Date clarification of the Local Competition Recommended 11/20/07 Next Action Undetermined Second Report and Order regarding Decision Regulatory Flexibility Analysis dialing parity under 47 U.S.C. section Order 02/14/08 73 FR 8670 Required: Yes 251(b)(3) and network disclosure under NPRM 03/04/08 73 FR 11580 47 U.S.C. section 251(c)(5). NPRM 03/04/08 73 FR 11591 Agency Contact: Melissa Kirkel, R&O 05/05/08 73 FR 11837 Attorney–Advisor, WCB, Federal On January 23, 2001, the Commission Public Notice 07/02/08 73 FR 37882 Communications Commission, 445 12th released a First Report and Order (FCC NPRM 08/19/08 73 FR 48352 Street SW., Washington, DC 20554 01-27) resolving issues raised in the Notice of Inquiry 10/14/08 73 FR 60689 Phone: 202 418–7958 September 9, 1999 NPRM and Order on Remand, 11/12/08 73 FR 66821 Email: [email protected] concluding, among other things, that R&O, FNPRM RIN: 3060–AG43 competing directory assistance (DA) Next Action Undetermined providers that are certified as competitive local exchange carriers Regulatory Flexibility Analysis 400. IMPLEMENTATION OF THE (competitive LECs), are agents of Required: Yes LOCAL COMPETITION PROVISIONS competitive LECs, or that offer call Agency Contact: Adrian Wright, OF THE TELECOMMUNICATIONS ACT completion services are entitled to Telecommunications Policy Analyst, OF 1996 nondiscriminatory access to LEC local Federal Communications Commission, Legal Authority: 47 USC 151 to 155; DA databases. Wireline Competition Bureau, 445 12th 47 USC 157; 47 USC 201 to 205; 47 On January 9, 2002, the Commission Street SW., Washington, DC 20554 USC 207 to 209; 47 USC 218 released the Directory Assistance Phone: 202 418–0792 Abstract: On August 8, 1996, the NPRM (FCC 01-384), in which the Email: [email protected] Commission adopted the Local Commission solicited comment on RIN: 3060–AF85 Competition Second Report and Order whether there is sufficient competition (FCC 96-333), implementing the dialing in the retail DA market, and if not, 399. TELECOMMUNICATIONS parity, nondiscriminatory access, what if any action the Commission CARRIERS’ USE OF CUSTOMER network disclosure, and numbering should take to promote such PROPRIETARY NETWORK administration provisions of the competition. The Commission sought INFORMATION AND OTHER Telecommunications Act of 1996. On specific comment on whether CUSTOMER INFORMATION July 19, 1999, the Commission released alternative dialing methods would the First Order on Reconsideration promote competition. Proposed Legal Authority: 47 USC 151; 47 USC (FCC 99-170), denying the petition for methods include: (1) Presubscription to 154; 47 USC 222; 47 USC 272; 47 USC reconsideration of the Local 411; (2) utilizing national 555 numbers; 303(r) Competition Second Report and Order (3) utilizing carrier access codes (1010
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numbers); and (4) utilizing 411XX carriers (LECs) to permit competitive On July 13, 2004, the Commission’s numbers. The Commission also sought carriers to access portions of the Second Report and Order concluded comment on whether the 411 dialing incumbent LECs’ networks on an the rulemaking proceeding initiated code should be eliminated. This unbundled basis. Unbundling allows regarding the so-called pick-and-choose proceeding is pending before the competitors to lease portions of the rule and determined that an all-or- Commission. incumbent LECs’ network to provide nothing rule for opting into other On May 3, 2005, the Commission telecommunications services. These interconnection agreements will better released an Order on Reconsideration rule changes are intended to remove promote increased give and take (FCC 05-93) resolving petitions for uncertainty regarding the incumbent negotiations. 69 FR 43762. reconsideration of the Second Order on LECs’ unbundling obligations under the On August 9, 2004, the Commission Reconsideration and the First Report Telecommunications Act of 1996 and released an Order on Reconsideration and Order. The Commission clarified are expected to accelerate the addressing in part two petitions for its rules regarding the use of DA data development of local exchange reconsideration of the Commission’s obtained pursuant to section 251(b)(3) competition. fiber-to-the-premises unbundling rules. of the Act, and denied BellSouth and On December 20, 2001, the Commission 69 FR 54589. The Commission clarified SBC’s joint petition for reconsideration issued a Notice of Proposed in this Order on Reconsideration the which sought authority to place Rulemaking to comprehensively applicability of the fiber-to-the- contractual restrictions on competing consider the appropriate changes, if premises rules in multi-dwelling unit DA providers’ use of DA information. any, to its unbundling policies in light buildings. The Commission reaffirmed that LECs of market developments and On August 20, 2004, the Commission are required to provide technological advances. 67 FR 1947. issued an Interim Order and Notice of nondiscriminatory access to their entire On May 29, 2002, the Commission Proposed Rulemaking establishing a local DA database including local DA extended the reply comment date of the new rulemaking proceeding to data acquired from third parties. The Notice of Proposed Rulemaking to July determine incumbent LEC unbundling Commission also accepted Qwest’s 17, 2002, to allow all interested parties obligations as well as establishing request to withdraw its petition for to incorporate their review and analysis interim requirements to govern carrier reconsideration of the First Report and of USTA v. FCC, 290 F.3d 415 (D.C. relationships until the Commission Order, and resolved SBC’s petition for Cir. 2002). concludes its rulemaking process. 69 reconsideration of the Second Order on FR 55111, 55128. Reconsideration. On August 21, 2003, the Commission On October 18, 2004, the Commission issued a Report and Order, Order on Timetable: released and Order on Reconsideration Remand, and Further Notice of concluding that fiber-to-the-curb Action Date FR Cite Proposed Rulemaking, in which the (FTTC) loops shall be subject to the Commission adopted new unbundling NPRM 04/25/96 61 FR 18311 same unbundling framework that the NPRM Comment 06/03/96 requirements. 68 FR 52276. Period End Commission established for fiber-to-the- In addition, the Commission initiated Order 09/06/96 61 FR 47284 home (FTTH) loops. 69 FR 77950. a Notice of Proposed Rulemaking NPRM 09/27/99 64 FR 51949 On February 4, 2005, the Commission regarding whether the Commission Second Order on 09/27/99 64 FR 51910 released an Order on Remand, 70 FR Recon should modify the so-called pick-and- 8940, responding to the D.C. Circuit’s Third Order on Recon 11/18/99 64 FR 62983 choose rule that permits requesting remand of certain parts of the Triennial First R&O 02/21/01 66 FR 10965 carriers to opt into individual portions Review Order, including several aspects NPRM 02/14/02 67 FR 6902 of interconnection agreements without of the impairment standard as well as Order on Recon 08/17/05 70 FR 48290 accepting all the terms and conditions new determinations regarding Next Action Undetermined of such agreements. 68 FR 52307. unbundling requirements for local Regulatory Flexibility Analysis On September 17, 2003, the circuit switching, high-capacity loops, Required: Yes Commission issued an Errata correcting and dedicated transport. Specifically, the Report and Order and Order on the Commission determined that Agency Contact: Rodney McDonald, Remand. On October 9, 2003, the incumbent LECs have no obligation to Attorney–Advisor, Federal Commission issued a Report seeking unbundle local circuit switching and Communications Commission, Wireline comment on ten petitions for adopted a 12-monthplan to transition Competition Bureau, 445 12th Street clarification and/or reconsideration of existing customers of unbundled SW., Washington, DC 20554 the Report and Order and Order on switching to other arrangements. Phone: 202 418–7513 Remand released on August 21, 2003. Regarding high-capacity loops, the Email: [email protected] 68 FR 60391. By Order, the Commission determined that competing RIN: 3060–AG50 Commission denied a request to extend carriers are not impaired (thus, are not the comment period for petitions for entitled to access as UNEs) dark fiber 401. LOCAL TELEPHONE NETWORKS clarification and/or reconsideration.On loop circuits. Competing carriers are, THAT LECS MUST MAKE AVAILABLE March 2, 2004, the Commission’s however, impaired without access to TO COMPETITORS August 21, 2003 Report and Order and DS1 and DS3 loops, except in wire Order on Remand was affirmed in part centers that meet specific business lines Legal Authority: 47 USC 251 and vacated and remanded in part. and fiber-based collocation thresholds. Abstract: This revises the rules USTA v. FCC, 359 F.3d 554 (D.C. Cir. Similarly, with respect to dedicated applicable to incumbent local exchange 2004). transport, the Commission determined
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that competing carriers are impaired Action Date FR Cite 403. ACCESS CHARGE REFORM AND without access to DS1, DS3 and dark UNIVERSAL SERVICE REFORM Second R&O 07/08/04 69 FR 43762 fiber transport, except on routes Legal Authority: 47 USC 151; 47 USC connecting a pair of wire centers, each Order on Recon 08/09/04 69 FR 54589 Interim Order 08/20/04 69 FR 55111 154(i) and 154(j); 47 USC 201 to 205; containing a specified number of 47 USC 254; 47 USC 403 business lines or a specified number of NPRM 08/20/04 69 FR 55128 fiber-based collocators. Public Notice 09/10/04 Abstract: On October 11, 2001, the Public Notice 09/13/04 Commission adopted an Order On March 14, 2005, the Commission’s Public Notice 10/20/04 reforming the interstate access charge Wireline Competition Bureau issued an Order on Recon 12/29/04 69 FR 77950 and universal service support system order denying a petition filed by Order on Remand 02/04/04 for rate-of-return incumbent carriers. Verizon seeking a stay of the Public Notice 04/25/05 70 FR 29313 The Order adopts three principal Commission’s rule allowing Public Notice 05/25/05 70 FR 34765 reforms. First, the Order modifies the competitive LECs to ‘‘convert’’ tariffed Next Action Undetermined interstate access rate structure for small incumbent LEC special access carriers to align it more closely with arrangements to unbundled network Regulatory Flexibility Analysis the manner in which costs are incurred. element (UNE) arrangements if the Required: Yes Second, the Order removes implicit competitive LEC is eligible to order the Agency Contact: Tim Stelzig, Associate support for universal service from the UNE(s) at issue. Chief, Competition Policy Division, rate structure and replaces it with On April 25, 2005, and May 25, 2005, Federal Communications Commission, explicit, portable support. Third, the the Commission issued Public Notices Wireline Competition Bureau, 445 12th Order permits small carriers to establishing comment periods in Street SW., Washington, DC 20554 continue to set rates based on the response to petitions for Phone: 202 418–0942 authorized rate of return of 11.25 reconsideration of the Commission’s Email: [email protected] percent. The Order became effective on Order on Remand (Triennial Review January 1, 2002, and the support Order). RIN: 3060–AH44 mechanism established by the Order was implemented beginning July 1, On June 16, 2006, the United States 2002. Court of Appeals for the District of 402. 2000 BIENNIAL REGULATORY Columbia Circuit upheld the REVIEW—TELECOMMUNICATIONS The Commission also adopted a Further Commission’s Order on Remand, 70 FR SERVICE QUALITY REPORTING Notice of Proposed Rulemaking 8940. REQUIREMENTS (FNPRM) seeking additional comment on proposals for incentive regulation, Timetable: Legal Authority: 47 USC 154(i) and increased pricing flexibility for rate-of- Action Date FR Cite 154(j); 47 USC 201(b); 47 USC 303(r); return carriers, and proposed changes 47 USC 403 Second FNPRM 04/26/99 64 FR 20238 to the Commission’s ‘‘all-or-nothing’’ Fourth FNPRM 01/14/00 65 FR 2367 Abstract: This NPRM proposes to rule. Comments on the FNPRM were Errata Third R&O and 01/18/00 65 FR 2542 eliminate our current service quality due on February 14, 2002, and reply Fourth FNPRM reports (ARMIS Report 43-05 and 43- comments on March 18, 2002. Second Errata Third 01/18/00 65 FR 2542 06) and replace them with a more On February 12, 2004, the Commission R&O and Fourth consumer-oriented report. The NPRM adopted a Second Report and Order FNPRM proposes to reduce the reporting resolving several issues on which the Supplemental Order 01/18/00 65 FR 2542 categories from more than 30 to 6, and Commission sought comment in the Third R&O 01/18/00 65 FR 2542 addresses the needs of carriers, FNPRM. First, the Commission Correction 04/11/00 65 FR 19334 consumers, state public utility modified the ‘‘all-or-nothing’’ rule to Supplemental Order 06/20/00 65 FR 38214 permit rate-of-return carriers to bring Clarification commissions, and other interested parties. recently acquired price cap lines back Public Notice 02/01/01 66 FR 8555 to rate-of-return regulation. Second, the Public Notice 03/05/01 66 FR 18279 Timetable: Commission granted rate-of-return Public Notice 04/10/01 carriers the authority immediately to Public Notice 04/23/01 Action Date FR Cite provide geographically deaveraged Public Notice 05/14/01 NPRM 12/04/00 65 FR 75657 transport and special access rates, NPRM 01/15/02 67 FR 1947 Next Action Undetermined subject to certain limitations. Third, the Public Notice 05/29/02 Commission merged Long Term Public Notice 08/01/02 Regulatory Flexibility Analysis Support (LTS) with Interstate Common Public Notice 08/13/02 Required: Yes Line Support (ICLS). NPRM 08/21/03 68 FR 52276 Agency Contact: Jeremy Miller, R&O and Order on 08/21/03 68 FR 52276 Attorney Advisor, Federal The Commission also adopted a Second Remand Communications Commission, Wireline FNPRM seeking comment on two Errata 09/17/03 Competition Bureau, 445 12th Street, specific plans that propose establishing Report 10/09/03 68 FR 60391 SW., Washington, DC 20554 optional alternative regulation Order 10/28/03 Phone: 202 418–1507 mechanisms for rate-of-return carriers. Order 01/09/04 Fax: 202 418–1413 In conjunction with the consideration Public Notice 01/09/04 Email: [email protected] of those alternative regulation Public Notice 02/18/04 proposals, the Commission sought Order 07/08/04 RIN: 3060–AH72 comment on modification that would
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permit a rate-of-return carrier to adopt plan for national rollout of thousands- for carriers. The Commission declined an alternative regulation plan for some block number pooling. The Commission to lower the utilization threshold study areas, while retaining rate-of- also adopted numbering resource established in the Second Report and return regulation for other of its study reclamation requirements to ensure that Order, and declined to exempt pooling areas. Comments on the Second unused numbers are returned to the carriers from the utilization threshold. FNPRM were due on April 23, 2004, North American Numbering Plan The Commission also established a and May 10, 2004. (NANP) inventory for assignment to safety valve mechanism to allow Timetable: other carriers. Also, to encourage better carriers that do not meet the utilization management of numbering resources, threshold in a given rate center to Action Date FR Cite carriers are required, to the extent obtain additional numbering resources. NPRM 01/25/01 66 FR 7725 possible, to first assign numbering In the NRO Third Report and Order, FNPRM 11/30/01 66 FR 59761 resources within thousands blocks (a the Commission lifted the ban on R&O 11/30/01 66 FR 59719 form of sequential numbering). Second FNPRM 03/23/04 69 FR 13794 technology-specific overlays (TSOs), In the NRO Second Report and Order, and delegated authority to the Common Order 05/06/04 69 FR 25325 the Commission adopted a measure that Next Action Undetermined Carrier Bureau, in consultation with the requires all carriers to use at least 60 Wireless Telecommunications Bureau, Regulatory Flexibility Analysis percent of their numbering resources to resolve any such petitions. Required: Yes before they may get additional numbers Furthermore, the Commission found in a particular area. That 60 percent Agency Contact: Douglas Slotten, that carriers who violate our numbering utilization threshold increases to 75 Attorney–Advisor, Federal requirements, or fail to cooperate with percent over the next three years. The Communications Commission, Wireline an auditor conducting either a ‘‘for Commission also established a five-year Competition Bureau, 445 12th Street cause’’ or random audit, should be term for the national Pooling SW., Washington, DC 20554 denied numbering resources in certain Administrator and an auditing program Phone: 202 418–1572 instances. The Commission also to verify carrier compliance with the Email: [email protected] reaffirmed the 180-day reservation Commission’s rules. Furthermore, the period, declined to impose fees to RIN: 3060–AH74 Commission addressed several issues extend the reservation period, and raised in the Notice, concerning area found that State commissions should be code relief. Specifically, the 404. NUMBERING RESOURCE allowed password-protected access to Commission declined to amend the OPTIMIZATION the NANPA database for data existing Federal rules for area code pertaining to NPAs located within their Legal Authority: 47 USC 151; 47 USC relief or specify any new Federal State. 154; 47 USC 201 et seq; 47 USC 251(e) guidelines for the implementation of Abstract: In 1999, the Commission area code relief. The Commission also The measures adopted in the NRO released the Numbering Resource declined to state a preference for either orders will allow the Commission to Optimization Notice of Proposed all-services overlays or geographic monitor more closely the way Rulemaking (Notice) in CC Docket 99- splits as a method of area code relief. numbering resources are used within 200. The Notice examined and sought Regarding mandatory nationwide ten- the NANP, and will promote more comment on several administrative and digit dialing, the Commission declined efficient allocation and use of NANP technical measures aimed at improving to adopt this measure at the present resources by tying a carrier’s ability to the efficiency with which time. Furthermore, the Commission obtain numbering resources more telecommunications numbering declined to mandate nationwide closely to its actual need for numbers resources are used and allocated. It expansion of the ‘‘D digit’’ (the ‘‘N’’ of to serve its customers. These measures incorporated input from the North an NXX or central office code) to are designed to create national American Numbering Council (NANC), include 0 or 1, or to grant state standards to optimize the use of a Federal advisory committee, which commissions the authority to numbering resources by: (1) Minimizing advises the Commission on issues implement the expansion of the D digit the negative impact on consumers of related to number administration.In the as a numbering resource optimization premature area code exhausts; (2) Numbering Resource Optimization First measure at the present time. ensuring sufficient access to numbering Report and Order and Further Notice In the NRO Third Report and Order, resources for all service providers to of Proposed Rulemaking (NRO First the Commission addressed national enter into or to compete in Report and Order), released on March thousands-block number pooling telecommunications markets; (3) 31, 2000, the Commission adopted a administration issues, including avoiding premature exhaust of the mandatory utilization data reporting declining to alter the implementation NANP; (4) extending the life of the requirement, a uniform set of categories date for covered CMRS carriers to NANP; (5) imposing the least societal of numbers for which carriers must participate in pooling. The Commission cost possible, and ensuring competitive report their utilization, and a utilization also addressed Federal cost recovery for neutrality, while obtaining the highest threshold framework to increase carrier national thousands-block number benefit; (6) ensuring that no class of accountability and incentives to use pooling, and continued to require carrier or consumer is unduly favored numbers efficiently. In addition, the States to establish cost recovery or disfavored by the Commission’s Commission adopted a single system mechanisms for costs incurred by optimization efforts; and (7) minimizing for allocating numbers in blocks of one carriers participating in pooling trials. the incentives for carriers to build and thousand, rather than ten thousand, The Commission reaffirmed the carry excessively large inventories of wherever possible, and established a Months-To-Exhaust (MTE) requirement numbers.
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In NRO Third Order on Recon in CC CMRS providers that have not received Bureau, 445 12th Street SW., Docket No. 99-200, Third Further a request to provide LNP. The Washington, DC 20554 Notice of Proposed Rulemaking in CC Commission also exempted from the Phone: 202 418–2357 Docket No. 99-200 and Second Further pooling requirement carriers that are Fax: 202 418–2345 Notice of Proposed Rulemaking in CC the only service provider receiving Email: [email protected] Docket No, 95-116, the Commission numbering resources in a given rate RIN: 3060–AH80 reconsidered its findings in the NRO center. Additionally, the Commission Third Report and Order regarding the sought further comment on whether local Number portability (LNP) and these exemptions should be expanded 405. NATIONAL EXCHANGE CARRIER thousands-block number pooling to include carriers where there are only ASSOCIATION PETITION requirements for carriers in the top 100 two service providers receiving Legal Authority: 47 USC 151 and 152; Metropolitan Statistical areas (MSAs). numbering resources in the rate center. 47 USC 201 and 202; Specifically, the Commission reversed Finally, the Commission reaffirmed that its clarification that those requirements the 100 largest MSAs identified in the Abstract: In a Notice of Proposed extend to all carriers in the largest 100 1990 U.S. Census reports as well as Rulemaking (NPRM) released on July MSAs, regardless of whether they have those areas included on any subsequent 19, 2004, the Commission initiated a received a request from another carrier U.S. Census report of the 100 largest rulemaking proceeding to examine the to provide LNP. The Commission also MSAs. proper number of end user common sought comment on whether the line charges (commonly referred to as Commission should again extend the In the NRO Order and Fifth Further subscriber line charges or SLCs) that LNP requirements to all carriers in the Notice of Proposed Rulemaking, the carriers may assess upon customers that largest 100 MSAs, regardless of whether Commission granted petitions for obtain derived channel T-1 service they receive a request to provide LNP. delegated authority to implement where the customer provides the The Commission also sought comment mandatory thousands-block pooling terminating channelization equipment on whether all carriers in the top 100 filed by the Public Service Commission and upon customers that obtain MSAs should be required to participate of West Virginia, the Nebraska Public Primary Rate Interface (PRI) Integrated in thousands-block number pooling, Service Commission, the Oklahoma Service Digital Network (ISDN) service. Corporation Commission, the Michigan regardless of whether they are required Timetable: to be LNP capable. In addition, the Public Service Commission, and the Commission sought comment on Missouri Public Service Commission. In Action Date FR Cite whether all MSAs included in granting these petitions, the NPRM 08/13/04 69 FR 50141 Combined Metropolitan Statistical Commission permitted these states to NPRM Comment 11/12/04 Areas (CMSAs) on the Census Bureau’s optimize numbering resources and Period End list of the largest 100 MSAs should be further extend the life of the specific Next Action Undetermined numbering plan areas. In the Further included on the Commission’s list of Regulatory Flexibility Analysis the top 100 MSAs. Notice of Proposed Rulemaking, the Commission sought comment on Required: Yes In the NRO Fourth Report and Order whether it should delegate authority to Agency Contact: Douglas Slotten, and Further Notice of Proposed all states to implement mandatory Attorney–Advisor, Federal Rulemaking, the Commission thousands-block number pooling Communications Commission, Wireline reaffirmed that carriers must deploy consistent with the parameters set forth Competition Bureau, 445 12th Street LNP in switches within the 100 largest in the NRO Order. SW., Washington, DC 20554 Metropolitan Statistical Areas (MSAs) Phone: 202 418–1572 Timetable: for which another carrier has made a Email: [email protected] specific request for the provision of Action Date FR Cite LNP. The Commission delegated the RIN: 3060–AI47 authority to state commissions to NPRM 06/17/99 64 FR 32471 R&O and FNPRM 06/16/00 65 FR 37703 require carriers operating within the 406. IP–ENABLED SERVICES largest 100 MSAs that have not Second R&O and 02/08/01 66 FR 9528 Second FNPRM received a specific request for LNP Legal Authority: 47 USC 151 and 152; Third R&O and 02/12/02 67 FR 643 Abstract: from another carrier to provide LNP, Second Order on The notice seeks comment on under certain circumstances and on a Recon ways in which the Commission might case-by-case basis. The Commission Third O on Recon and 04/05/02 67 FR 16347 categorize IP-enabled services for concluded that all carriers, except those Third FNPRM purposes of evaluating the need for specifically exempted, are required to Fourth R&O and 07/21/03 68 FR 43003 applying any particular regulatory participate in thousands-block number Fourth NPRM requirements. It poses questions pooling in accordance with the national Order and Fifth 03/15/06 71 FR 13393 regarding the proper allocation of rollout schedule, regardless of whether FNPRM jurisdiction over each category of IP- they are required to provide LNP, Next Action Undetermined enabled service. The notice then including commercial mobile radio requests comment on whether the Regulatory Flexibility Analysis service (CMRS) providers that were services comprising each category Required: Yes required to deploy LNP as of November constitute ‘‘telecommunications 24, 2003. The Commission specifically Agency Contact: Marilyn Jones, services’’ or ‘‘information services’’ exempted from the pooling requirement Attorney, Federal Communications under the definitions set forth in the rural telephone companies and Tier III Commission, Wireline Competition Act. Finally, noting the Commission’s
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statutory forbearance authority and title to provide those services. In addition, On August 6, 2007, the Commission I ancillary jurisdiction, the notice the Commission extended the published in the Federal Register notice describes a number of central Telecommunications Relay Services that it had extended regulatory requirements (including, for (TRS) requirements contained in its Telecommunications Relay Services example, those relating to access regulations to interconnected VoIP (TRS) regulations to interconnected charges, universal service, E911, and providers. VoIP providers and extended certain disability accessibility), and asks On August 7, 2007, the Commission disability access requirements to which, if any, should apply to each published in the Federal Register a interconnected VoIP providers and to category of IP-enabled services. notice that a petition for manufacturers of specially designed On June 16, 2005, the Commission reconsideration of the CPNI order equipment used to provide such service published in the Federal Register notice described above had been filed. (72 FR 43546). that public information collections set On August 16, 2007, the Commission On May 15, 2008, the Commission’s forth in the First Report and Order published in the Federal Register notice Consumer and Governmental Affairs were being submitted for review to the that it had adopted on August 2, 2007, Bureau published in the Federal office of management and budget. an item amending the Commission’s Register notice that it had granted On July 27, 2005, the Commission Schedule of Regulatory Fees by, inter interconnected VoIP providers an published in the Federal Register notice alia, incorporating regulatory fee extension of time to route 711-dialed that the information collection payment obligations for interconnected calls to an appropriate requirements adopted in the First VoIP service providers, which shall telecommunications relay service (TRS) Report and Order were approved in become effective November 15, 2007, center in certain circumstances (73 FR OMB No. 3060-1085 and would become which is 90 days from date of 28057). effective on July 29, 2005. notification to Congress. Timetable: On August 31, 2005, the Commission On November 1, 2007, the Commission Action Date FR Cite published in the Federal Register notice gave notice that it granted in part, of the comment cycle for three Petitions denied in part, and sought comment on NPRM 03/29/04 69 FR 16193 for Reconsideration and/or Clarification petitions filed by the Voice on the Net NPRM Comment 07/14/04 Period End of the First Report and Order.On July Coalition, the United States Telecom First R&O 06/03/05 70 FR 37273 10, 2006, the Commission published in Association, and Hamilton Telephone Public Notice 06/16/05 70 FR 37403 the Federal Register notice that it had Company seeking a stay or waiver of First R&O Effective 07/29/05 70 FR 43323 adopted on June 21, 2006, rules that certain aspects of the Commission’s Public Notice 08/31/05 70 FR 51815 make interim modifications to the VoIP Telecommunications Relay R&O 07/10/06 71 FR 38781 existing approach for assessing Services (TRS) Order (72 FR 61813; 72 R&O and FNPRM 06/08/07 72 FR 31948 contributions to the Federal universal FR 61882). service fund (USF or Fund) in order FNPRM Comment 07/09/07 72 FR 31782 On December 13, 2007, the Commission to provide stability while the Period End announced the effective date of its Commission continues to examine more R&O 08/06/07 72 FR 43546 revised CPNI rules (72 FR 70808). fundamental reform. Public Notice 08/07/07 72 FR 44136 On December 6, 2007, OMB approved R&O 08/16/07 72 FR 45908 On June 8, 2007, the Commission the public information collection Public Notice 11/01/07 72 FR 61813 published in the Federal Register notice pursuant to the Paperwork Reduction Public Notice 11/01/07 72 FR 61882 that it had adopted on April 2, 2007, Public Notice 12/13/07 72 FR 70808 an item strengthening the Commission’s Act of 1995 for the Commission’s CPNI rules (72 FR 72358). Public Notice 12/20/07 72 FR 72358 rules to protect the privacy of customer R&O 02/21/08 73 FR 9463 proprietary network information (CPNI) On February 21, 2008, the Commission NPRM 02/21/08 73 FR 9507 that is collected and held by providers published in the Federal Register notice Order 05/15/08 73 FR 28057 of communications services, and a that the Commission adopted rules Order 05/15/08 73 FR 28057 further notice of proposed rulemaking extending local number portability Next Action Undetermined seeking comment on what steps the obligations and numbering Commission should take, if any, to administration support obligations to Regulatory Flexibility Analysis secure further the privacy of customer interconnected VoIP services. The Required: Yes information. Commission also explained it had Agency Contact: Tim Stelzig, Associate On August 6, 2007, the Commission responded to the District of Columbia Chief, Competition Policy Division, published in the Federal Register notice Circuit Court of Appeals stay of the Federal Communications Commission, that it had adopted on May 31, 2007, Commission’s Intermodal Number Wireline Competition Bureau, 445 12th and item extending the disability access Portability Order by publishing a Final Street SW., Washington, DC 20554 requirements that currently apply to Regulatory Flexibility Act (73 FR 9463; Phone: 202 418–0942 telecommunications service providers R&O 02/21/2008). Email: [email protected] and equipment manufacturers under On February 21, 2008, the Commission RIN: 3060–AI48 section 255 of the Communications Act published in the Federal Register notice of 1934, as amended, to providers of that it sought comment on other ‘‘interconnected voice over Internet changes to its LNP and numbering 407. CONSUMER PROTECTION IN THE Protocol (VoIP) services,’’ as defined by related rules, including whether to BROADBAND ERA the Commission, and to manufacturers extend such rules to interconnected Legal Authority: 47 USC 151 to 154; of specially designed equipment used VoIP providers (73 FR 9507). 47 USC 160; 47 USC 201 to 205; 47
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FCC—Wireline Competition Bureau Long-Term Actions
USC 214; 47 USC 222; 47 USC 225; governing the setting of tariffed rates of the separations process. In 2001, the 47 USC 251 and 252; 47 USC 254 to by local exchange carriers (LECs) Commission adopted the Federal-State 256; 47 USC 258; 47 USC 303(R) provide incentives and opportunities Joint Board on Jurisdictional Abstract: The Federal Communications for carriers to increase access demand Separations’ recommendation to impose Commission initiated this rulemaking endogenously with the result that the an interim freeze of the part 36 category in order to develop a framework that tariff rates are no longer just and relationships and jurisdictional cost ensures that, as the telecommunications reasonable. The Commission tentatively allocation factors for a period of five industry shifts from narrowband to concluded that it must revise its tariff years, pending comprehensive reform broadband services, consumer rules so that it can be confident that of the part 36 separations rules. In protection needs are met by all tariffed rates remain just and reasonable 2006, the Commission adopted an providers of broadband Internet access even if a carrier experiences or induces Order and Further Notice of Proposed service, regardless of the underlying significant increases in access demand. Rulemaking, which extended the technology providers use to offer the The Commission seeks comment on the separations freeze for a period of three service. The Commission sought types of activities that are causing the years and sought comment on comment on whether adopting increases in interstate access demand comprehensive reform. regulations, pursuant to its ancillary and the effects of such demand Timetable: jurisdiction under title I of the increases on the cost structures of Communications Act, to address LECs. The Commission also seeks Action Date FR Cite consumer privacy, unauthorized comment on several means of ensuring NPRM 11/05/97 62 FR 59842 changes to service, truth-in-billing, just and reasonable rates going forward. NPRM Comment 12/10/97 network outage reporting, The NPRM invites comment on Period End discontinuance of service, rate potential traffic stimulation by rate-of- Order 06/21/01 66 FR 33202 averaging, and enforcement concerns, return LECs, price cap LECs, and Order and FNPRM 05/26/06 71 FR 29882 would be desirable and necessary as a competitive LECs, as well as other Order and FNPRM 08/22/06 matter of public policy. The forms of intercarrier traffic stimulation. Comment Period Commission also sought comment on Comments were received on December End whether it should instead rely on 17, 2007, and reply comments were Next Action Undetermined market forces to address some or all received on January 16, 2008. Regulatory Flexibility Analysis of these areas of potential concern. The Timetable: Required: Yes rulemaking also explores whether there Action Date FR Cite Agency Contact: Ted Burmeister, are other areas of consumer protection Federal Communications Commission, related to wireline broadband Internet NPRM 11/15/07 72 FR 64179 445 12th Street SW., Washington, DC access service for which the NPRM Comment 12/17/07 20554 Period End Commission should adopt regulations Phone: 202 418–7389 Next Action Undetermined pursuant to its ancillary jurisdiction. Email: [email protected] Regulatory Flexibility Analysis Timetable: RIN: 3060–AJ06 Required: Yes Action Date FR Cite Agency Contact: Douglas Slotten, NPRM 10/17/05 70 FR 60259 Attorney–Advisor, Federal 410. IMPLEMENTATION OF NET 911 NPRM Comment 03/01/06 IMPROVEMENT ACT Period End Communications Commission, Wireline Next Action Undetermined Competition Bureau, 445 12th Street Legal Authority: PL 110–283 SW., Washington, DC 20554 Regulatory Flexibility Analysis Abstract: On July 23, 2008, the New Phone: 202 418–1572 and Emerging Technologies Act was Required: Yes Email: [email protected] enacted. Agency Contact: William Kehoe, RIN: 3060–AJ02 Senior Counsel for Convergence, On August 25, 2008, the Commission Federal Communications Commission, released an NPRM seeking comment on 445 12th Street SW., Washington, DC 409. JURISDICTIONAL SEPARATIONS implementing the NET 911 20554 Legal Authority: 47 USC 151; 47 USC Improvement Act. Phone: 202 418–1580 154(i) and 154(j); 47 USC 205; 47 USC Timetable: Fax: 202 418–1413 221(c); 47 USC 254; 47 USC 403; 47 Action Date FR Cite Email: [email protected] USC 410 RIN: 3060–AI73 NPRM 08/28/08 73 FR 50741 Abstract: Jurisdictional separations is NPRM Comment 09/09/08 the process, pursuant to part 36 of the Period End 408. ESTABLISHING JUST AND Commission’s rules, by which Next Action Undetermined REASONABLE RATES FOR LOCAL incumbent local exchange carriers apportion regulated costs between the Regulatory Flexibility Analysis EXCHANGE CARRIERS (WC DOCKET Required: Yes NO. 07–135) intrastate and interstate jurisdictions. In 1997, the Commission initiated a Agency Contact: R. Matthew Warner, Legal Authority: Not Yet Determined proceeding seeking comment on the Attorney Advisor, Federal Abstract: The Federal Communications extent to which legislative changes, Communications Commission, 445 12th Commission (Commission) is technological changes, and market Street SW., Washington, DC 20554 examining whether its existing rules changes warrant comprehensive reform Phone: 202 418–2419
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FCC—Wireline Competition Bureau Long-Term Actions
Email: [email protected] RIN: 3060–AJ09 [FR Doc. E9–10271 Filed 05–08–09; 8:45 am] BILLING CODE 6712–01–S
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Part XVIII
Federal Reserve System Semiannual Regulatory Agenda
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FEDERAL RESERVE SYSTEM (FRS)
FEDERAL RESERVE SYSTEM ADDRESSES: Comments should be Participation by the Board in the addressed to Jennifer J. Johnson, Unified Agenda is on a voluntary basis. 12 CFR Ch. II Secretary of the Board, Board of Governors of the Federal Reserve The Board’s agenda is divided into Semiannual Regulatory Flexibility System, Washington, DC 20551. three sections. The first, Proposed Rule Agenda Stage, reports on matters the Board may AGENCY: Board of Governors of the FOR FURTHER INFORMATION CONTACT: A consider for public comment during the Federal Reserve System. staff contact for each item is indicated next 6 months. The second section, with the regulatory description below. Final Rule Stage, reports on matters that ACTION: Semiannual regulatory agenda. have been proposed and are under SUPPLEMENTARY INFORMATION: The Board Board consideration. And a third SUMMARY: The Board is issuing this is publishing its spring 2009 agenda as section, Completed Actions, reports on agenda under the Regulatory Flexibility part of the spring 2009 Unified Agenda regulatory matters the Board has Act and the Board’s Statement of Policy of Federal Regulatory and Deregulatory completed or is not expected to consider Regarding Expanded Rulemaking Actions, which is coordinated by the further. Matters begun and completed Procedures. The Board anticipates Office of Management and Budget under between issues of the agenda have not having under consideration regulatory Executive Order 12866. The agenda also been included. matters as indicated below during the identifies rules the Board has selected • period May 1, 2009, through October 31, for review under section 610(c) of the A dot ( ) preceding an entry indicates a new matter that was not a part of the 2009. The next agenda will be published Regulatory Flexibility Act, and public Board’s previous agenda and which the in fall 2009. comment is invited on those entries. Board has not completed. DATES: Comments about the form or The complete Unified Agenda will be content of the agenda may be submitted available to the public at the following Margaret McCloskey Shanks, any time during the next 6 months. web site: www.reginfo.gov. Associate Secretary of the Board. Federal Reserve System—Completed Actions
Regulation Sequence Title Identifier Number Number
411 Regulation Z—Truth in Lending (Docket No. R-1286) ...... 7100–AD08
Federal Reserve System (FRS) Completed Actions
411. REGULATION Z—TRUTH IN breakout costs for fees and interest on addressed. Advertisements for deferred LENDING (DOCKET NO. R–1286) periodic statements. The proposal interest plans would be required to Legal Authority: 15 USC 1601 et seq implements amendments to TILA provide additional information about contained in federal bankruptcy reform how interest could be imposed. Abstract: The Board is conducting a legislation. Advance notice would be review of Regulation Z, which required when penalty rates are On December 18, 2008, the Board implements the Truth in Lending Act imposed, and the time of advance issued final rules amending Regulation (TILA). In June 2007, the Board notice for changed terms would be Z, substantially similar to the proposed published a notice of proposed extended. Two alternatives are amendments contained in the June rulemaking (NPRM) to amend the proposed dealing with the ‘‘effective’’ 2007 and May 2008 NPRMs. With regulation, and the regulation’s official annual percentage rate disclosed on respect to the two alternatives dealing staff commentary, for rules affecting periodic statements. with the ‘‘effective’’ annual percentage open-end (revolving) credit that is not rate in the June 2007 proposal, the final home secured. The Board published In May 2008, the Board published a rule deletes the requirement for advance notices of proposed second NPRM, seeking comment on a creditors to provide the ‘‘effective’’ rulemakings seeking comment on a limited number of additional revisions annual percentage rate on periodic variety of issues affecting the open-end to the regulation and commentary. statements. In addition, the final rule credit in December 2004 and October Among other issues, the new proposed 2005. withdrew the proposed amendments amendments address creditors’ related to advertisements for deferred The NPRM seeks comment, among responsibilities to establish reasonable interest plans, because substantive other issues, on amendments that instructions for receiving timely restrictions on these plans were payments and when a due date falls highlight fees and penalty rates in adopted in the Board’s final rule disclosures accompanying credit and on a weekend or holiday. Creditors’ amending Regulation AA, which was charge card applications and responsibilities when investigating a also issued on December 18, 2008. solicitations, require a summary of claim of unauthorized transactions or terms when accounts are opened, and an allegation of a billing error are also
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FRS Completed Actions
Timetable: Regulatory Flexibility Analysis Phone: 202 452–3667 Required: Yes Action Date FR Cite RIN: 7100–AD08 [FR Doc. E9–10276 Filed 05–08–09; 8:45 am] Board Requested 06/14/07 72 FR 32948 Agency Contact: Krista Ayoub, Comment Counsel, Federal Reserve System, BILLING CODE 6210–01–S Board Requested 07/18/08 73 FR 28866 Division of Consumer and Community Further Comment Affairs Board Adopted FInal 01/29/09 74 FR 5244 Rule
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Part XIX
National Credit Union Administration Semiannual Regulatory Agenda
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NATIONAL CREDIT UNION ADMINISTRATION (NCUA)
NATIONAL CREDIT UNION ADDRESSES: National Credit Union Regulations,’’ 54 FR 35231 (September ADMINISTRATION Administration, 1775 Duke Street, 18, 1987), as amended by IRPS 03-2, 68 Alexandria, Virginia 22314-3428. FR 31949 (May 29, 2003), which sets out 12 CFR Ch VII FOR FURTHER INFORMATION CONTACT: For NCUA’s policy and procedures for each regulation listed, the person(s) developing and reviewing its Semiannual Regulatory Agenda named in the listing, at the above regulations. NCUA’s policy is to ensure that regulations impose only the AGENCY: National Credit Union address, unless otherwise noted, or minimum required burdens on credit Administration (NCUA). listed telephone number. unions, consumers, and the public; are ACTION: Semiannual regulatory agenda. SUPPLEMENTARY INFORMATION: The appropriate for the size of the financial purpose of this agenda is to enable institution it regulates; are issued only credit unions and the public to follow after full public participation; and are SUMMARY: Pursuant to its ongoing policy regulatory development and review at clear and understandable. Further, of reviewing regulations, NCUA is NCUA, and participate in that process NCUA undertakes to review all publishing a list of current and more effectively. Entries for the agenda regulations every 3 years to clarify and projected rulemakings, reviews of appear in one of five possible categories: simplify existing regulations and existing regulations, and completed Prerule stage; proposed rule stage; final eliminate redundant and unnecessary actions as of February 27, 2009, to be rule stage; completed/withdrawn provisions. included in the Unified Agenda of actions; or long-term actions. Federal Regulatory and Deregulatory Approved by the NCUA Board on The agenda is published pursuant to Actions. February 27, 2009. NCUA Interpretive Ruling and Policy DATES: This information is current as of Statement Number 87-2 ‘‘Developing Sheila Albin. February 27, 2009. and Reviewing Government Acting Secretary of the Board. National Credit Union Administration—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
412 Community Development Revolving Loan Fund (Section 610 Review) ...... 3133–AD49 413 Confidentiality of Suspicious Activity Reports (Section 610 Review) ...... 3133–AD61
National Credit Union Administration (NCUA) Proposed Rule Stage
412. COMMUNITY DEVELOPMENT Regulatory Flexibility Analysis scope of confidentiality rules governing REVOLVING LOAN FUND (SECTION Required: No the filing of suspicious activity reports. 610 REVIEW) Agency Contact: Moisette I. Green, Timetable: Staff Attorney, Office of General Legal Authority: 12 USC 1756; 12 USC Action Date FR Cite 1757(5)(d); 12 USC 1757(7)(i); 12 USC Counsel, National Credit Union 1766; 12 USC 1782; 12 USC 1784 to Administration, 1775 Duke Street, NPRM 06/00/09 Alexandria, VA 22314 1786 Regulatory Flexibility Analysis Phone: 703 518–6540 Required: Yes Abstract: This proposed rule would Fax: 703 518–6319 update, clarify and improve existing Email: [email protected] Agency Contact: Ross P. Kendall, Trial part 705. The changes do not reflect RIN: 3133–AD49 Attorney, National Credit Union a change to the fundamental mission Administration, 1775 Duke Street, of the CDRLF but remove unnecessary Alexandria, VA 22314 detail from the current rule. 413. ∑ CONFIDENTIALITY OF Phone: 703 518–6562 SUSPICIOUS ACTIVITY REPORTS TDD Phone: 703 518–6332 Timetable: (SECTION 610 REVIEW) Fax: 703 518–6569 Action Date FR Cite Legal Authority: 31 USC 5311 to 5330 Email: [email protected] NPRM 12/18/08 73 FR 77075 Abstract: This rule, which corresponds RIN: 3133–AD61 NPRM Comment 11/30/09 to regulatory action being considered [FR Doc. E9–10278 Filed 05–08–09; 8:45 am] Period End by some of the other Federal financial BILLING CODE 7535–01–S institution regulators, would clarify the
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Part XX
Nuclear Regulatory Commission Semiannual Regulatory Agenda
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NUCLEAR REGULATORY COMMISSION (NRC)
NUCLEAR REGULATORY the comment period has closed will be SUPPLEMENTARY INFORMATION: The COMMISSION considered if it is practical to do so, but information contained in this assurance of consideration cannot be semiannual publication is updated to 10 CFR Ch. I given except as to comments received reflect any action that has occurred on on or before the closure dates specified rules since publication of the last NRC Unified Agenda of Federal Regulatory in the agenda. semiannual agenda on November 24, and Deregulatory Actions The agenda and any comments 2008 (73 FR 71510). Within each group, AGENCY: Nuclear Regulatory received on any rule listed in the agenda the rules are ordered according to the Commission. are available for public inspection and Regulation Identifier Number (RIN). copying for a fee at the Nuclear ACTION: Semiannual regulatory agenda. The information in this agenda has Regulatory Commission’s Public been updated through February 27, Document Room, One White Flint 2009. The date for the next scheduled SUMMARY: The Nuclear Regulatory North, 11555 Rockville Pike, Room action under the heading ‘‘Timetable’’ is Commission (NRC) is publishing its O-1F21, Rockville, Maryland. the date the rule is scheduled to be semiannual regulatory agenda in The complete Unified Agenda will be published in the Federal Register. The accordance with Public Law 96-354, available online at www.reginfo.gov, in date is considered tentative and is not ‘‘The Regulatory Flexibility Act,’’ and a format that offers users a greatly binding on the Commission or its staff. Executive Order 12866, ‘‘Regulatory enhanced ability to obtain information The agenda is intended to provide the Planning and Review.’’ The agenda is a from the Agenda database. public early notice and opportunity to compilation of all rules on which the FOR FURTHER INFORMATION CONTACT: participate in the NRC rulemaking NRC has recently completed action or For process. However, the NRC may has proposed or is considering action. further information concerning NRC rulemaking procedures or the status of consider or act on any rulemaking even This issuance updates any action any rule listed in this agenda, contact: though it is not included in the agenda. occurring on rules since publication of Michael T. Lesar, Chief, Rulemaking, the last semiannual agenda on Directives, and Editing Branch, Division The NRC agenda lists all open November 24, 2008 (73 FR 71510). of Administrative Services, Office of rulemaking actions. One rule affects ADDRESSES: Comments on any rule in Administration, U.S. Nuclear Regulatory small entities. the agenda may be sent to the Secretary Commission, Washington, DC 20555- Dated at Rockville, Maryland, this 27th of the Commission, U.S. Nuclear 0001, telephone 301-492-3663 (e-mail: day of February 2009. Regulatory Commission, Washington, [email protected]). Persons DC 20555-0001, Attention: Rulemakings outside the Washington, DC, For the Nuclear Regulatory Commission. and Adjudications Staff. Comments may metropolitan area may call, toll-free: 1- also be hand delivered to the One White 800-368-5642. For further information Michael T. Lesar, Flint North Building, 11555 Rockville on the substantive content of any rule Chief, Rulemaking, Directives, and Editing Pike, Rockville, Maryland, between 7:30 listed in the agenda, contact the Branch, a.m. and 4:15 p.m., Federal workdays. individual listed under the heading Division of Administrative Services, Comments received on rules for which ‘‘Agency Contact’’ for that rule. Office of Administration. Nuclear Regulatory Commission—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
414 Revision of Fee Schedules; Fee Recovery for FY 2009 [NRC-2008-0620] ...... 3150–AI52
Nuclear Regulatory Commission—Long-Term Actions
Regulation Sequence Title Identifier Number Number
415 Distribution of Source Material To Exempt Persons and General Licensees and Revision of 10 CFR 40.22 Gen- eral License [NRC-2009-0084] ...... 3150–AH15 416 Controlling the Disposition of Solid Materials [NRC-1999-0002] ...... 3150–AH18
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Nuclear Regulatory Commission (NRC) Proposed Rule Stage
414. ∑ REVISION OF FEE Fund, and for Waste Incidental to Timetable: SCHEDULES; FEE RECOVERY FOR Reprocessing, generic homeland Action Date FR Cite FY 2009 [NRC–2008–0620] security activities, and scholarships and fellowships. NPRM 03/02/09 74 FR 9129 Legal Authority: 42 USC 2201; 42 USC NPRM Comment 04/01/09 5841 Based on the bill reported by the House Period End Abstract: The proposed rule would Appropriations Committee on June 25, Final Action 10/00/09 amend the Commission’s licensing, 2008, the NRC’s required fee recovery Regulatory Flexibility Analysis inspection, and annual fees charged to amount for the FY 2009 budget is Required: Yes its applicants and licensees. The approximately $ 870.6 million. After Agency Contact: Renu Suri, Nuclear amendments implement the Omnibus accounting for carryover and billing Regulatory Commission, Office of the Budget Reconciliation Act of 1990 adjustments, the total amount to be (OBRA-90), as amended, which requires Chief Financial Officer, Washington, recovered through fees is approximately DC 20555–0001 that the NRC recover approximately 90 $ 864.8 million. percent of its budget authority in Fiscal Phone: 301 415–0161 Year (FY) 2009, less the amounts Email: [email protected] appropriated from the Nuclear Waste RIN: 3150–AI52
Nuclear Regulatory Commission (NRC) Long-Term Actions
415. DISTRIBUTION OF SOURCE Commission. No controls are in place Abstract: The staff provided a draft MATERIAL TO EXEMPT PERSONS to ensure that products and materials proposed rule package on Controlling AND GENERAL LICENSEES AND distributed are maintained within the the Disposition of Solid Materials to the REVISION OF 10 CFR 40.22 GENERAL applicable constraints of the Commission on March 31, 2005, which LICENSE [NRC–2009–0084] exemptions. In addition, the amounts the Commission disapproved. The Legal Authority: 42 USC 2201; 42 USC of source material allowed under the Commission’s decision was based on 5841 general license in section 40.22 could the fact that the Agency is currently result in exposures above 1 mSv/year faced with several high priority and Abstract: The proposed rule would (100 mrem/year) to workers at facilities complex tasks, that the current amend the Commission’s regulations to that are not required to meet the approach to review specific cases on improve the control over the requirements of parts 19 and 20. distribution of source material to an individual basis is fully protective Without knowledge of the identity and of public health and safety, and that exempt persons and to general location of the general licensees, it the immediate need for this rule has licensees in order to make part 40 more would be difficult to enforce changed due to the shift in timing for risk-informed. The proposed rule also restrictions on the general licensees. would govern the licensing of source This rule also would address PRM-40- reactor decommissioning. The material by adding specific 27 submitted by the State of Colorado Commission has deferred action on this requirements for licensing of and and Organization of Agreement States. rulemaking. reporting by distributors of products Timetable: and materials used by exempt persons Timetable: and general licensees. Source material Action Date FR Cite Action Date FR Cite is used under general license and under NPRM To Be Determined various exemptions from licensing NPRM To Be Determined Regulatory Flexibility Analysis requirements in part 40 for which there Regulatory Flexibility Analysis Required: Yes is no regulatory mechanism for the Required: Yes Commission to obtain information to Agency Contact: Gary C. Comfort, Jr., fully assess the resultant risks to public Nuclear Regulatory Commission, Office Agency Contact: Kimyata Morgan health and safety. Although estimates of Federal and State Materials and Butler, Nuclear Regulatory Commission, of resultant doses have been made, Environmental Management Programs, Office of Federal and State Materials there is a need for ongoing information Washington, DC 20555–0001 and Environmental Management on the quantities and types of Phone: 301 415–8106 Programs, Washington, DC 20555–0001 radioactive material distributed for Email: [email protected] Phone: 301 415–0733 exempt use and use under general Email: [email protected] license. Obtaining information on the RIN: 3150–AH15 distribution of source material is RIN: 3150–AH18 particularly difficult because many of 416. CONTROLLING THE [FR Doc. E9–10281 Filed 05–08–09; 8:45 am] the distributors of source material to DISPOSITION OF SOLID MATERIALS BILLING CODE 7590–01–S exempt persons and generally licensed [NRC–1999–0002] persons are not currently required to Legal Authority: hold a license from the Commission. 42 USC 2201; 42 USC Distributors are often unknown to the 5841
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Part XXI
Securities and Exchange Commission Semiannual Regulatory Agenda
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SECURITIES AND EXCHANGE COMMISSION (SEC)
SECURITIES AND EXCHANGE • Use the Commission’s Internet publish in the Federal Register an COMMISSION comment form agenda identifying rules that the agency (http://www.sec.gov/rules/ expects to consider in the next 12 17 CFR Ch. II other.shtml); or months that are likely to have a • Send an e-mail to rule- significant economic impact on a [Release Nos. 33-9020, 34-59634, IA-2858, [email protected]. Please include substantial number of small entities (5 IC-28679, File No. S7-07-09] File Number S7-07-09 on the subject U.S.C. 602(a)). The RFA specifically line; or Regulatory Flexibility Agenda provides that publication of the agenda • Use the Federal eRulemaking Portal does not preclude an agency from AGENCY: Securities and Exchange (http://www.regulations.gov). Follow considering or acting on any matter not Commission. the instructions for submitting included in the agenda and that an comments. ACTION: Semiannual regulatory agenda. agency is not required to consider or act Paper comments: on any matter that is included in the • Send paper comments in triplicate to agenda (5 U.S.C. 602(d)). Actions that SUMMARY: The Securities and Exchange Elizabeth M. Murphy, Secretary, do not have an estimated date are Commission is publishing an agenda of Securities and Exchange Commission, placed in the long-term category; the its rulemaking actions pursuant to the 100 F Street NE., Washington, DC Commission may nevertheless act on Regulatory Flexibility Act (RFA) (Pub. 20549-1090. items in that category within the next 12 months. The agenda includes new L. No. 96-354, 94 Stat. 1164) (Sep. 19, All submissions should refer to File 1980). Information in the agenda was No. S7-07-09. This file number should entries, entries carried over from prior accurate on March 25, 2009, the day on be included on the subject line if e-mail publications, and rulemaking actions which the Commission’s staff completed is used. To help us process and review that have been completed (or compilation of the data. To the extent your comments more efficiently, please withdrawn) since publication of the last possible, rulemaking actions by the use only one method. The Commission agenda. Commission since that date have been will post all comments on the The following abbreviations for the reflected in the agenda. The Commission’s Internet Web site acts administered by the Commission Commission invites questions and (http://www.sec.gov/rules/other.shtml). are used in the agenda: public comment on the agenda and on Comments are also available for public ‘‘Securities Act’’—Securities Act of the individual agenda entries. inspection and copying in the 1933 The Commission is now printing in Commission’s Public Reference Room, the Federal Register, along with our 100 F Street NE., Washington, DC ‘‘Exchange Act’’—Securities Exchange preamble, only those agenda entries for 20549, on official business days Act of 1934 which we have indicated that between the hours of 10:00 a.m. and ‘‘Investment Company Act’’— preparation of a Regulatory Flexibility 3:00 p.m. All comments received will be Investment Company Act of 1940 Act analysis is required. The posted without change; we do not edit Commission’s complete RFA agenda personal identifying information from ‘‘Investment Advisers Act’’— will be available online at submissions. You should submit only Investment Advisers Act of 1940 www.reginfo.gov. information that you wish to make The Commission invites public available publicly. DATES: Comments should be received on comment on the agenda and on the or before July 31, 2009. FOR FURTHER INFORMATION CONTACT: individual agenda entries. Anne Sullivan, Office of the General By the Commission. ADDRESSES: Comments may be Counsel, 202-551-5019. submitted by any of the following SUPPLEMENTARY INFORMATION: The RFA Dated: March 26, 2009. methods: requires each Federal agency, during Elizabeth M. Murphy, Electronic comments: April and October of each year, to Secretary. DIVISION OF CORPORATION FINANCE—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
417 Amendments to Rules Requiring Internet Availability of Proxy Materials ...... 3235–AK25
DIVISION OF CORPORATION FINANCE—Final Rule Stage
Regulation Sequence Title Identifier Number Number
418 Revisions of Limited Offering Exemptions in Regulation D ...... 3235–AJ88 419 Proxy Disclosure Regarding Executive Compensation and Related Party Transactions ...... 3235–AI80
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SEC
DIVISION OF CORPORATION FINANCE—Completed Actions
Regulation Sequence Title Identifier Number Number
420 Interactive Data To Improve Financial Reporting ...... 3235–AJ71 421 Electronic Shareholder Forums ...... 3235–AJ92 422 Modernization of Oil and Gas Reporting ...... 3235–AK00
DIVISION OF INVESTMENT MANAGEMENT—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
423 Political Contributions by Certain Investment Advisers ...... 3235–AH72 424 Temporary Rule Regarding Principal Trades With Certain Advisory Clients ...... 3235–AJ96
DIVISION OF INVESTMENT MANAGEMENT—Final Rule Stage
Regulation Sequence Title Identifier Number Number
425 Amendments to Form ADV ...... 3235–AI17
DIVISION OF INVESTMENT MANAGEMENT—Completed Actions
Regulation Sequence Title Identifier Number Number
426 Interactive Data for Mutual Fund Risk/Return Summary ...... 3235–AK13 427 Enhanced Disclosure and New Prospectus Delivery Option for Registered Open-End Management Investment Companies ...... 3235–AJ44 428 Rulemaking for EDGAR System: Mandatory Electronic Submission of Applications for Orders Under the Invest- ment Company Act and Filings Made Pursuant to Regulation E ...... 3235–AJ81 429 Indexed Annuities and Certain Other Insurance Contracts ...... 3235–AK16
DIVISION OF TRADING AND MARKETS—Proposed Rule Stage
Regulation Sequence Title Identifier Number Number
430 Rule 15c2-2: Confirmation of Transactions in Open-End Management Investment Company Shares, Unit Invest- ment Trust Interests, and Municipal Fund Securities Used for Education Savings ...... 3235–AJ11 431 Rule 15c2-3: Point-of-Sale Disclosure of Purchases in Open-End Management Investment Company Shares, Unit Investment Trust Interests, and Municipal Fund Securities Used for Education Savings ...... 3235–AJ12 432 Rule 15c-100: Schedule 15C ...... 3235–AJ13 433 Rule 15c-101: Schedule 15D ...... 3235–AJ14 434 Processing of Reorganization Events, Tender Offers, and Exchange Offers ...... 3235–AH53
DIVISION OF TRADING AND MARKETS—Final Rule Stage
Regulation Sequence Title Identifier Number Number
435 Amendments to Regulation SHO ...... 3235–AK22 436 Proposed Rules for Nationally Recognized Statistical Rating Organizations ...... 3235–AK14
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SEC
DIVISION OF TRADING AND MARKETS—Long-Term Actions
Regulation Sequence Title Identifier Number Number
437 Publication or Submission of Quotations Without Specified Information ...... 3235–AH40
Securities and Exchange Commission (SEC) Proposed Rule Stage Division of Corporation Finance
417. ∑ AMENDMENTS TO RULES Abstract: The Division is considering Regulatory Flexibility Analysis REQUIRING INTERNET AVAILABILITY recommending that the Commission Required: Yes OF PROXY MATERIALS propose revisions to the notice and Agency Contact: access model for providing proxy Steven Hearne, Legal Authority: 15 USC 78c(b); 15 materials to shareholders electronically. Division of Corporation Finance, Securities and Exchange Commission, USC 78j; 15 USC 78m; 15 USC 78n; Timetable: 15 USC 78o; 15 USC 78w(a); 15 USC 100 F Street NE, Washington, DC 20549 78mm; 15 USC 80a–20; 15 USC 80a–29; Action Date FR Cite Phone: 202 551–3430 15 USC 80a–37 NPRM 05/00/09 RIN: 3235–AK25
Securities and Exchange Commission (SEC) Final Rule Stage Division of Corporation Finance
418. REVISIONS OF LIMITED Action Date FR Cite Timetable: OFFERING EXEMPTIONS IN Action Date FR Cite REGULATION D NPRM Comment 10/09/07 Period End NPRM 02/08/06 71 FR 6542 Legal Authority: 15 USC 77b(a)(15); 15 Final Action 07/00/09 USC 77b(b); 15 USC 77c(b); 15 USC NPRM Comment 04/10/06 Period End 77d; 15 USC 77r; 15 USC 77s; 15 USC Regulatory Flexibility Analysis Final Rule 09/08/06 71 FR 53158 77s(a); 15 USC 77z–3 Required: Yes Final Rule Effective 11/07/06 Abstract: The Commission proposed a Agency Contact: Anthony G. Barone, Office of Small Business Policy, Second NPRM 09/08/06 71 FR 53267 new exemption from the registration Second NPRM 10/23/06 provisions of the Securities Act for Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549 Comment Period offers and sales of securities to ‘‘large End Phone: 202 551–3460 accredited’’ investors in offerings where Interim Final Rule 12/29/06 71 FR 78338 each purchaser meets that definition. RIN: 3235–AJ88 Interim Final Rule 12/29/06 The Commission also proposed changes Effective to the definition of the term ‘‘accredited 419. PROXY DISCLOSURE Interim Final Rule 01/29/07 investor’’ in Regulation D to reflect REGARDING EXECUTIVE Comment Period End developments since its first adoption. COMPENSATION AND RELATED Final Action 09/00/09 Finally, the Commission proposed PARTY TRANSACTIONS shortening the timing required by the integration safe harbor in Regulation D Legal Authority: 15 USC 77a et seq; Regulatory Flexibility Analysis and applying uniform updated 15 USC 78a et seq; 15 USC 80a et seq Required: Yes disqualification provisions to all Abstract: The Division is considering Agency Contact: Anne Krauskopf, offerings under Regulations A, D, and recommending that the Commission Division of Corporation Finance, E. propose additional measures to Securities and Exchange Commission, Timetable: promote clear, cogent, and full 100 F Street NE, Washington, DC 20549 disclosure of executive compensation Phone: 202 551–3500 Action Date FR Cite and how compensation decisions are NPRM 08/10/07 72 FR 45116 made. RIN: 3235–AI80
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Securities and Exchange Commission (SEC) Completed Actions Division of Corporation Finance
420. INTERACTIVE DATA TO 421. ELECTRONIC SHAREHOLDER Abstract: The Commission adopted IMPROVE FINANCIAL REPORTING FORUMS revisions to its oil and gas reporting Legal Authority: requirements in the current form in Legal Authority: 15 USC 77a et seq; 15 USC 77c(b); 15 USC 78m; 15 USC 78n; 15 USC 78o; Regulation S—K and Regulation S—X 15 USC 78a et seq; 15 USC 77nnn; 15 15 USC 78p; 15 USC 78w(a) under the Securities Act and the USC 77sss; 15 USC 80a et seq; PL Exchange Act. 107–204, 116 Stat 745 Abstract: The Commission adopted amendments to the proxy rules under The revisions are intended to provide Abstract: The Commission adopted the Exchange Act facilitating the investors with a more meaningful and rules requiring companies to provide creation of electronic shareholder comprehensive understanding of oil financial statement information in an forums; other aspects of the proposed and gas reserves, which should help interactive data form that will improve rulemaking, including proposed investors evaluate the relative value of its usefulness to investors. Under the amendments to enable shareholders to oil and gas companies. They codify rules, financial statement information include in company proxy materials Industry Guide 2 in Regulation S—K, can be downloaded directly into their proposals for bylaw amendments with several additions to, and deletions spreadsheets, analyzed in a variety of regarding procedures for nominating of, current Industry Guide items. They ways using commercial off-the-shelf candidates to the board of directors, also harmonize oil and gas disclosures software, and used within investment remain under consideration. by foreign private issuers with the models in other software formats. Timetable: proposed disclosures for domestic issuers. Timetable: Action Date FR Cite Timetable: NPRM 08/03/07 72 FR 43466 Action Date FR Cite NPRM Comment 10/02/07 Action Date FR Cite NPRM 06/10/08 73 FR 32794 Period End ANPRM 12/12/07 72 FR 71610 NPRM Comment 08/01/08 Final Rule 01/25/08 73 FR 4450 ANPRM Comment 02/19/08 Period End Final Rule Effective 02/25/08 Period End Final Action 02/10/09 74 FR 6776 Regulatory Flexibility Analysis NPRM 07/09/08 73 FR 39526 Final Action Effective 04/19/09 Required: Yes NPRM Comment 09/08/08 Agency Contact: Steven Hearne, Period End Regulatory Flexibility Analysis Final Action 01/14/09 74 FR 2158 Required: Yes Division of Corporation Finance, Securities and Exchange Commission, Final Action Effective 01/01/10 Agency Contact: Mark W. Green, 100 F Street NE, Washington, DC 20549 Regulatory Flexibility Analysis Division of Corporation Finance, Phone: 202 551–3430 Required: Yes Securities and Exchange Commission, RIN: 3235–AJ92 Agency Contact: Melissa Duru, 100 F Street NE, Washington, DC Division of Corporation Finance, 20549–0301 422. MODERNIZATION OF OIL AND Securities and Exchange Commission, Phone: 202 551–3430 GAS REPORTING 100 F Street NE, Washington, DC 20549 Email: [email protected] Phone: 202 551–3740 Legal Authority: 15 USC 77a et seq; RIN: 3235–AJ71 15 USC 78a et seq RIN: 3235–AK00
Securities and Exchange Commission (SEC) Proposed Rule Stage Division of Investment Management
423. POLITICAL CONTRIBUTIONS BY the political contributions made by the Agency Contact: Daniel Seth Kahl, CERTAIN INVESTMENT ADVISERS adviser or any of its partners, executive Division of Investment Management, Securities and Exchange Commission, Legal Authority: 15 USC 204; 15 USC officers, or solicitors. The Division is 100 F Street NE, Washington, DC 20549 206(4); 15 USC 211(a) considering recommending that the Commission re-propose a rule related Phone: 202 551–6730 Abstract: The Commission proposed to political contributions made by Email: [email protected] new Rule 206(4)-5, which would certain investment advisers. RIN: 3235–AH72 prohibit an investment adviser from providing advisory services for Timetable: compensation to a Government client 424. TEMPORARY RULE REGARDING Action Date FR Cite for 2 years after the adviser or any of PRINCIPAL TRADES WITH CERTAIN its partners, executive officers, or NPRM 08/10/99 64 FR 43556 ADVISORY CLIENTS solicitors makes a contribution to NPRM Comment 11/01/99 Legal Authority: 15 USC 80b–6a; 15 certain elected officials or candidates. Period End USC 80b–11(a) The Commission also proposed rule Second NPRM 10/00/09 Abstract: The Commission adopted an amendments that would require a Regulatory Flexibility Analysis interim final temporary rule that will registered adviser that has Government Required: Yes expire on December 31, 2009, to clients to maintain certain records of provide an alternative means for
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SEC—Division of Investment Management Proposed Rule Stage
investment advisers who are registered recommending that the Commission Regulatory Flexibility Analysis with the Commission as broker-dealers propose modifications to the rule. Required: Yes to meet the requirements of section 206(3) of the Investment Advisers Act Timetable: Agency Contact: Matthew Goldin, when acting in a principal capacity in Action Date FR Cite Division of Investment Management, transactions with certain of their Securities and Exchange Commission, advisory clients. Interim Final Rule 09/28/07 72 FR 55022 100 F Street NE, Washington, DC 20549 Interim Final Rule 09/30/07 As contemplated in the temporary rule Effective Phone: 202 551–6726 release, the Division has been assessing Interim Final Rule 11/30/07 Fax: 202 772–9284 the operation of the temporary rule as Comment Period Email: [email protected] well as public comment letters. In that End connection, the Division is considering NPRM 06/00/09 RIN: 3235–AJ96
Securities and Exchange Commission (SEC) Final Rule Stage Division of Investment Management
425. AMENDMENTS TO FORM ADV business practices, conflicts of interest, Action Date FR Cite and background of investment advisers Legal Authority: 15 USC 80b–4, Second NPRM 05/16/08 80b–6(4), 80bll(a), 80b–3(c)(1); 15 USC and their advisory personnel. Under the proposal, advisers would file their Comment Period 77s(a); 15 USC 78(a), 78bbb(e)(2); 15 End USC 77sss(a); 15 USC 78(s)–37(a) brochures with the Commission Final Action 11/00/09 electronically, and the brochures would Abstract: The Commission proposed be available to the public through the Regulatory Flexibility Analysis amendments to Form ADV part 2 to Commission’s Web site. Required: Yes require registered investment advisers to deliver to clients and prospective Timetable: Agency Contact: Vivien Liu, Division clients a brochure written in plain of Investment Management, Securities English. Action Date FR Cite and Exchange Commission, 100 F Street NE, Washington, DC 20549 The amendments are designed to NPRM 04/17/00 65 FR 20524 Phone: 202 551–6728 require advisers to provide clients and NPRM Comment 06/03/00 Email: [email protected] prospective clients with clear, current, Period End and more meaningful disclosure of the Second NPRM 03/14/08 73 FR 13958 RIN: 3235–AI17
Securities and Exchange Commission (SEC) Completed Actions Division of Investment Management
426. INTERACTIVE DATA FOR Mutual funds will provide the Email: [email protected] MUTUAL FUND RISK/RETURN risk/return summary section of their SUMMARY prospectuses to the Commission and on RIN: 3235–AK13 their Web sites in interactive data Legal Authority: 15 USC 77e; 15 USC format using the eXtensible Business 77f; 15 USC 77j; 15 USC 77s(a); 15 USC 427. ENHANCED DISCLOSURE AND Reporting Language, XBRL. The NEW PROSPECTUS DELIVERY 77z–3; 15 USC 78c; 15 USC 78j; 15 interactive data would be provided as OPTION FOR REGISTERED USC 78l; 15 USC 78m; 15 USC 78n; an exhibit to registration statements. 15 USC 78o(d); 15 USC 78w(a); 15 uSC OPEN–END MANAGEMENT 78jj; 15 USC 78mm; 15 USC 80a–6(c); Timetable: INVESTMENT COMPANIES 15 USC 80a–8; 15 USC 80a–24(e); 15 Action Date FR Cite Legal Authority: 15 USC 77a et seq; USC 80a–29; 15 USC 80a–37 NPRM 06/23/08 73 FR 35442 15 USC 80a–1 et seq Abstract: The Commission adopted NPRM Comment 08/01/08 Abstract: The Commission adopted rules requiring mutual funds to provide Period End comprehensive reforms of mutual fund risk/return summary information in an Final Action 02/19/09 74 FR 7748 disclosure requirements on Form N-1A, interactive data format, which would Final Action Effective 07/15/09 including streamlining the delivery of improve its usefulness to investors. Regulatory Flexibility Analysis mutual fund information through Under the rules, risk/return summary Required: Yes increased use of the Internet and other information could be downloaded electronic means of delivery and directly into spreadsheets, analyzed in Agency Contact: Alberto Zapata, clarifying the disclosure of fees and a variety of ways using commercial off- Division of Investment Management, the-shelf software, and used within Securities and Exchange Commission, expenses for mutual funds and investment models in other software 100 F Street NE, Washington, DC 20549 exchange-traded funds. formats. Phone: 202 551–6929
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SEC—Division of Investment Management Completed Actions
Timetable: technical corrections to the electronic dependent on the performance of a Action Date FR Cite filing rules. securities index. NPRM 11/30/07 72 FR 67790 Timetable: The Commission also adopted a new rule that exempts insurance companies NPRM Comment 02/28/08 Action Date FR Cite Period End from filing reports under the Exchange NPRM Comment 08/06/08 73 FR 45646 NPRM 11/09/07 72 FR 67513 Act with respect to indexed securities Period Reopened NPRM Comment 12/14/07 and other insurance securities Comment Period End 08/29/08 Period End registered under the Securities Act, Final Action 01/26/09 74 FR 4546 Final Action 11/04/08 73 FR 65516 provided that certain conditions are Final Action Effective 03/31/09 Final Action Effective 01/01/09 satisfied, including that the securities Regulatory Flexibility Analysis Regulatory Flexibility Analysis are regulated under State insurance Required: Yes Required: Yes law, the issuing insurance company and its financial condition are subject Agency Contact: Kieran Brown, Agency Contact: Ruth Armfield to supervision and examination by a Division of Investment Management, Sanders, Division of Investment State insurance regulator, and the Securities and Exchange Commission, Management, Securities and Exchange securities are not publicly traded. 100 F Street NE, Washington, DC 20549 Commission, 100 F Street NE, Timetable: Phone: 202 551–6773 Washington, DC 20549 Email: [email protected] Phone: 202 551–6960 Action Date FR Cite RIN: 3235–AJ44 Email: [email protected] NPRM 07/01/08 73 FR 37762 RIN: 3235–AJ81 NPRM Comment 09/10/08 428. RULEMAKING FOR EDGAR Period End SYSTEM: MANDATORY ELECTRONIC NPRM Comment 10/17/08 73 FR 61753 429. INDEXED ANNUITIES AND Period Extended SUBMISSION OF APPLICATIONS FOR CERTAIN OTHER INSURANCE NPRM Comment 11/17/08 ORDERS UNDER THE INVESTMENT CONTRACTS Period End COMPANY ACT AND FILINGS MADE Final Action 01/16/09 74 FR 3138 PURSUANT TO REGULATION E Legal Authority: 15 USC 77c(a)(8); 15 Final Action Effective 01/12/11 Legal Authority: 15 USC 77f to 77h; USC 77s(a); 15 USC 78l(h); 15 USC Regulatory Flexibility Analysis 15 USC 77s(a); 15 USC 78c; 15 USC 78m; 15 USC 78o; 15 USC 78w(a); 15 Required: Yes 78I to 78n; 15 USC 78o(d); 15 USC USC 78mm Agency Contact: 78w(a); 15 USC 78II; 15 USC 80a–8; Abstract: The Commission adopted a Michael Kosoff, 15 USC 80a–29; 15 USC 80a–30; 15 new rule that defines the terms Division of Investment Management, USC 80a–37 ‘‘annuity contract’’ and ‘‘optional Securities and Exchange Commission, Abstract: The Commission adopted annuity contract’’ under the Securities 100 F Street NE, Washington, DC 20549 rules for mandatory EDGAR submission Act. The rule is intended to clarify the Phone: 202 551–6754 of applications and Regulation E filings status under the federal securities laws Fax: 202 772–9285 under any section of the Investment of indexed annuities, under which Email: [email protected] Company Act, as well as minor payments to the purchaser are RIN: 3235–AK16
Securities and Exchange Commission (SEC) Proposed Rule Stage Division of Trading and Markets
430. RULE 15C2–2: CONFIRMATION distribution costs and conflicts of Action Date FR Cite OF TRANSACTIONS IN OPEN–END interest associated with transactions in MANAGEMENT INVESTMENT mutual funds, municipal fund NPRM Comment 03/04/05 70 FR 10521 COMPANY SHARES, UNIT securities, and unit investment trusts. Period Extended INVESTMENT TRUST INTERESTS, The amendments to Rule 10b-10 in part NPRM Comment 04/04/05 AND MUNICIPAL FUND SECURITIES would reflect the new rule and would Period End USED FOR EDUCATION SAVINGS provide improved confirmation Second NPRM 12/00/09 disclosure about certain callable Legal Authority: 15 USC 78j; 15 USC Regulatory Flexibility Analysis securities. They also would clarify that 78k; 15 USC 78o; 15 USC 78q; 15 USC Required: Yes the confirmation disclosure 78w(a); 15 USC 78mm requirements do not determine broker- Agency Contact: Dawn Jessen, Division Abstract: The Commission proposed dealer disclosure obligations under of Trading and Markets, Securities and new Rule 15c2-2 under the Exchange other provisions of the law. Exchange Commission, 100 F Street NE, Act, together with accompanying Timetable: Washington, DC 20549 Schedule 15C. The Commission also Phone: 202 551–5550 Action Date FR Cite proposed related amendments to Rule Fax: 202 772–9270 10b-10. Proposed Rule 15c2-2 and NPRM 02/10/04 69 FR 6438 Email: [email protected] Schedule 15C would provide for NPRM Comment 04/12/04 improved confirmation disclosure of Period End RIN: 3235–AJ11
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SEC—Division of Trading and Markets Proposed Rule Stage
431. RULE 15C2–3: POINT–OF–SALE mutual funds, municipal fund Timetable: DISCLOSURE OF PURCHASES IN securities, and unit investment trusts. Action Date FR Cite OPEN–END MANAGEMENT The amendments to Rule 10b-10 in part INVESTMENT COMPANY SHARES, would reflect the new rules and would NPRM 02/10/04 69 FR 6438 UNIT INVESTMENT TRUST provide improved confirmation NPRM Comment 04/12/04 INTERESTS, AND MUNICIPAL FUND disclosure about certain callable Period End SECURITIES USED FOR EDUCATION securities. They also would clarify that NPRM Comment 03/04/05 70 FR 10521 SAVINGS the confirmation disclosure Period Extended requirements do not determine broker- NPRM Comment 04/04/05 Legal Authority: 15 USC 78j; 15 USC Period End dealer disclosure obligations under 78k; 15 USC 78o; 15 USC 78q; 15 USC Second NPRM 12/00/09 78w(a); 15 USC 78mm other provisions of the law. Regulatory Flexibility Analysis Timetable: Abstract: The Commission proposed Required: Yes new Rule 15c2-3 under the Exchange Action Date FR Cite Act, together with accompanying Agency Contact: Dawn Jessen, Division Schedule15D. Proposed Rule 15c2-3 NPRM 02/10/04 69 FR 6438 of Trading and Markets, Securities and and Schedule 15D would provide for NPRM Comment 04/12/04 Exchange Commission, 100 F Street NE, Period End pre-transaction ‘‘point of sale’’ Washington, DC 20549 NPRM Comment 03/04/05 70 FR 10521 Phone: 202 551–5550 disclosure of distribution costs and Period Extended conflicts of interest associated with Fax: 202 772–9270 NPRM Comment 04/04/05 Email: [email protected] transactions in mutual funds, Period End municipal fund securities, and unit Second NPRM 12/00/09 RIN: 3235–AJ14 investment trusts. Regulatory Flexibility Analysis Timetable: Required: Yes 434. PROCESSING OF Action Date FR Cite REORGANIZATION EVENTS, TENDER Agency Contact: Dawn Jessen, Division OFFERS, AND EXCHANGE OFFERS NPRM 02/10/04 69 FR 6438 of Trading and Markets, Securities and NPRM Comment 04/12/04 Exchange Commission, 100 F Street NE, Legal Authority: 15 USC 78b; 15 USC Period End Washington, DC 20549 78k–1(a)(1)(B); 15 USC 78n(d)(4); 15 NPRM Comment 03/04/05 70 FR 10521 Phone: 202 551–5550 USC 78o(c)(3); 15 USC 78o(c)(6); 15 Period Extended Fax: 202 772–9270 USC 78q–1(a); 15 USC 78q–1(d)(1); 15 NPRM Comment 04/04/05 Email: [email protected] USC 78w(a) Period End Second NPRM 12/00/09 RIN: 3235–AJ13 Abstract: The Commission proposed amendments to Rule 17Ad-14 under the Regulatory Flexibility Analysis Exchange Act. The amendments would Required: 433. RULE 15C–101: SCHEDULE 15D Yes require the establishment of book-entry Agency Contact: Dawn Jessen, Division Legal Authority: 15 USC 78j; 15 USC accounts in connection with of Trading and Markets, Securities and 78k; 15 USC 78o; 15 USC 78q; 15 USC reorganization events and would give Exchange Commission, 100 F Street NE, 78w(a); 15 USC 78mm securities depositories up to 3 business Washington, DC 20549 Abstract: The Commission proposed days after the expiration of a tender Phone: 202 551–5550 new Schedule 15D and Rules 15c2-2 offer, exchange offer, or reorganization Fax: 202 772–9270 and 15c2-3 under the Exchange Act, event to deliver physical securities Email: [email protected] together with accompanying Schedule certificates to the agents. RIN: 3235–AJ12 15C. The Commission also proposed Timetable: related amendments to Rule 10b-10. Action Date FR Cite 432. RULE 15C–100: SCHEDULE 15C Proposed Rules 15c2-2 and 15c2-3 and Schedules 15C and 15D would provide NPRM 09/04/98 63 FR 47209 Legal Authority: 15 USC 78j; 15 USC for improved confirmation and pre- NPRM Comment 11/03/98 78k; 15 USC 78o; 15 USC 78q; 15 USC transaction ‘‘point of sale’’ disclosure Period End 78w(a); 15 USC 78mm of distribution costs and conflicts of Second NPRM 03/00/10 Abstract: The Commission proposed interest associated with transactions in Regulatory Flexibility Analysis new Schedule 15C and Rules 15c2-2 mutual funds, municipal fund Required: Yes and 15c2-3 under the Exchange Act, securities, and unit investment trusts. Agency Contact: together with accompanying Schedule The amendments to Rule 10b-10 in part Matthew Landon, 15D. The Commission also proposed would reflect the new rules and would Division of Trading and Markets, related amendments to Rule 10b-10. provide improved confirmation Securities and Exchange Commission, Proposed Rules 15c2-2 and 15c2-3 and disclosure about certain callable 100 F Street NE, Washington, DC Schedules 15C and 15D would provide securities. They also would clarify that 20549–1001 for improved confirmation and pre- the confirmation disclosure Phone: 202 551–5716 transaction ‘‘point of sale’’ disclosure requirements do not determine broker- Fax: 202 772–9270 of distribution costs and conflicts of dealer disclosure obligations under Email: [email protected] interest associated with transactions in other provisions of the law. RIN: 3235–AH53
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Securities and Exchange Commission (SEC) Final Rule Stage Division of Trading and Markets
435. AMENDMENTS TO REGULATION Regulatory Flexibility Analysis the disclosure of ratings history. The SHO Required: Yes proposed rules also repropose certain Legal Authority: 15 USC 78b and Agency Contact: Victoria L. Crane, amendments to Rule 17g-5. 78c(b); 15 USC 78F; 15 USC 78j; 15 Division of Trading and Markets, Timetable: USC 78k–1; 15 USC 78l(h); 15 USC 78o Securities and Exchange Commission, and 78o–3; 15 USC 78q and 78q–1; 15 100 F Street NE, Washington, DC 20549 Action Date FR Cite USC 78s; 15 USC 78w(a) Phone: 202 551–5744 NPRM 06/25/08 73 FR 36212 Abstract: The Commission adopted an Fax: 202 772–9355 Email: [email protected] NPRM Comment 07/25/08 interim final rule, Rule 204T, to Period End address abusive ‘‘naked’’ short selling RIN: 3235–AK22 Final Rule 02/09/09 74 FR 6465 in all equity securities by requiring that Second NPRM 02/09/09 74 FR 6485 participants of a clearing agency 436. PROPOSED RULES FOR Second NPRM 03/26/09 registered with the Commission deliver Comment Period securities by settlement date, or if the NATIONALLY RECOGNIZED STATISTICAL RATING End participants have not delivered shares Final Action 09/00/09 by settlement date, immediately ORGANIZATIONS purchase or borrow securities to close Legal Authority: 15 USC 78o–7; 15 Regulatory Flexibility Analysis out the fail to deliver position by no USC 89q Required: Yes later than the beginning of regular Abstract: The Commission adopted Agency Contact: trading hours on the settlement day rule amendments that impose Sheila Swartz, following the day the participant additional requirements on nationally Division of Trading and Markets, incurred the fail to deliver position. recognized statistical rating Securities and Exchange Commission, Timetable: organizations (‘‘NRSROs’’) in order to 100 F Street NE, Washington, DC 20549 Phone: 202 551–5545 Action Date FR Cite address concerns about the integrity of their credit rating procedures and Fax: 202 772–9273 Interim Final Rule 10/17/08 73 FR 61706 methodologies in light of the role they Email: [email protected] Interim Final Rule 10/17/08 played in determining credit ratings for Effective securities collateralized by or linked to RIN: 3235–AK14 Interim Final Rule 12/16/08 Comment Period subprime residential mortgages. End The Commission simultaneously Next Action 07/00/09 proposed rule amendments regarding
Securities and Exchange Commission (SEC) Long-Term Actions Division of Trading and Markets
437. PUBLICATION OR SUBMISSION documentation required for significant Action Date FR Cite OF QUOTATIONS WITHOUT relationships between the broker-dealer SPECIFIED INFORMATION and the issuer of the security to be Comment Period End 05/08/99 Next Action Undetermined Legal Authority: 15 USC 78c; 15 USC quoted. Finally, the amendments would 78j(b); 15 USC 78o(c); 15 USC 78o(g); exclude from the rule securities of Regulatory Flexibility Analysis 15 USC 78q(a); 15 USC 78w(a) larger, more liquid issuers. Required: Yes Timetable: Abstract: As part of its efforts to Agency Contact: Victoria L. Crane, respond to fraud and manipulation in Action Date FR Cite Division of Trading and Markets, the microcap securities market, the NPRM 02/25/98 63 FR 9661 Securities and Exchange Commission, Commission proposed amendments to NPRM Comment 04/27/98 100 F Street NE, Washington, DC 20549 Rule 15c2-11. These amendments Period End Phone: 202 551–5744 would limit the rule’s piggyback Second NPRM 03/08/99 64 FR 11124 Fax: 202 772–9355 provision and increase public Second NPRM 04/07/99 Email: [email protected] availability of issuer information. The Comment Period amendments would expand the End RIN: 3235–AH40 information review requirements for Second NPRM 04/14/99 64 FR 18393 [FR Doc. E9–10282 Filed 05–08–09; 8:45 am] non-reporting issuers and the Comment Period BILLING CODE 8010–01–S Extended
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Part XXII
The President Proclamation 8373—World Trade Week, 2009 Proclamation 8374—National Day of Prayer, 2009
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Federal Register Presidential Documents Vol. 74, No. 89
Monday, May 11, 2009
Title 3— Proclamation 8373 of May 6, 2009
The President World Trade Week, 2009
By the President of the United States of America
A Proclamation When the world’s consumers fly in a U.S.-manufactured airplane, eat a steak from America’s heartland, watch a Hollywood movie, or visit the Grand Canyon, they are helping to create and maintain good jobs for Ameri- cans. World Trade Week is an opportunity to reaffirm the benefits of trade and to emphasize America’s commitment to a global marketplace that creates good jobs and lifts up American families. The United States and our trading partners stand to gain when trade is open, transparent, rules-based, and fair, showing respect for labor and environmental standards. The United States is well-positioned to reap the benefits of trade. America is a leader in the global marketplace and ranks at the top of almost every measure of global competitiveness. Our businesses, workers, and farmers remain the most innovative, productive, and adaptable in the world. The United States is also the world’s largest exporter. Trade is a significant and increasingly important contributor to U.S. economic growth. Exports accounted for 13 percent of U.S. economic activity in 2008, and they support millions of jobs in the United States. In difficult economic times, it is even more important for American industry to take advantage of every opportunity for export-driven growth. That is why I will work to open more markets to U.S. exports, including in such important job growth industries as energy efficiency, clean energy, and health information technology. Imports can also benefit the United States by increasing consumer choice while lowering prices for millions of working families. In addition, imports can support employment for retailers, distributors, the transportation sector, and domestic manufacturers which rely on global supply chains to make products for both the U.S. and international markets. We must ensure that the benefits of trade are spread more widely. This can be achieved by training and supporting Americans and ensuring that trade agreements provide the economic opportunities that Americans deserve. Workers who lose their jobs through no fault of their own deserve the chance to be retrained for a new economic environment. That is one of the reasons I signed the American Recovery and Reinvestment Act of 2009 (ARRA), which improves Trade Adjustment Assistance to help families that are struggling now. For the long term, the ARRA also invests in an education system that will prepare our children to compete and succeed in the global economy. We will negotiate future trade agreements to create opportunities for all Americans. My Administration is committed to building on existing trade agreements and bilateral investment treaties in an open and transparent manner. In consultation with the American people, the Congress, key stake- holders, and our trading partners, I am developing a plan of action for pending free trade agreements. I will also work with our trading partners to advance a strong market-opening agreement for agriculture, industrial goods, and services through the Doha Development Round and through
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other negotiations. Together, we can build a trading regime that spreads its benefits among Americans and also benefits workers in our partner coun- tries. Transparency and inclusiveness are central principles we must adhere to as we seek to expand trade. When trade agreements are negotiated in consulta- tion with the American people, the benefits of trade can be understood more broadly. Through open dialogue, the concerns of American and foreign workers can be addressed and the environmental consequences of trade agreements can be identified and mitigated. With a transparent, free, and fair framework, we can make trade a powerful contributor to the revival of the U.S. and global economies. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 17 through May 23, 2009, as World Trade Week. I encourage all Americans to observe this week with events, trade shows, and educational programs that celebrate the benefits of trade to our Nation and the global economy. IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of May, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-third.
[FR Doc. E9–11123 Filed 5–8–09; 11:15 am] Billing code 3195–W9–P
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Proclamation 8374 of May 7, 2009
National Day of Prayer, 2009
By the President of the United States of America
A Proclamation Throughout our Nation’s history, Americans have come together in moments of great challenge and uncertainty to humble themselves in prayer. In 1775, as the Continental Congress began the task of forging a new Nation, colonists were asked to observe a day of quiet humiliation and prayer. Almost a century later, as the flames of the Civil War burned from north to south, President Lincoln and the Congress once again asked the American people to pray as the fate of their Nation hung in the balance. It is in that spirit of unity and reflection that we once again designate the first Thursday in May as the National Day of Prayer. Let us remember those who came before us, and let us each give thanks for the courage and compassion shown by so many in this country and around the world. On this day of unity and prayer, let us also honor the service and sacrifice of the men and women of the United States Armed Forces. We celebrate their commitment to uphold our highest ideals, and we recognize that it is because of them that we continue to live in a Nation where people of all faiths can worship or not worship according to the dictates of their conscience. Let us also use this day to come together in a moment of peace and goodwill. Our world grows smaller by the day, and our varied beliefs can bring us together to feed the hungry and comfort the afflicted; to make peace where there is strife; and to lift up those who have fallen on hard times. As we observe this day of prayer, we remember the one law that binds all great religions together: the Golden Rule, and its call to love one another; to understand one another; and to treat with dignity and respect those with whom we share a brief moment on this Earth. The Congress, by Public Law 100–307, as amended, has called on the Presi- dent to issue each year a proclamation designating the first Thursday in May as a ‘‘National Day of Prayer.’’ NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim May 7, 2009, as a National Day of Prayer. I call upon Americans to pray in thanksgiving for our freedoms and blessings and to ask for God’s continued guidance, grace, and protection for this land that we love.
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IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-third.
[FR Doc. E9–11124 Filed 5–8–09; 11:15 am] Billing code 3195–W9–P
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Reader Aids Federal Register Vol. 74, No. 89 Monday, May 11, 2009
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