3–3–09 Tuesday Vol. 74 No. 40 Mar. 3, 2009

Pages 9159–9342

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Contents Federal Register Vol. 74, No. 40

Tuesday, March 3, 2009

Agency for International Development Copyright Office, Library of Congress NOTICES NOTICES Privacy Act; Systems of Records, 9211–9212 Agreements Under the Webcaster Settlement Act of 2008, 9293–9307 Agriculture Department See Cooperative State Research, Education, and Extension Defense Department Service NOTICES See Forest Service Federal Acquisition Regulation (FAR): Agency Information Collection Activities; Proposals, Alcohol, Tobacco, Firearms, and Explosives Bureau Submissions, and Approvals, 9224 NOTICES Agency Information Collection Activities; Proposals, Department of Transportation Submissions, and Approvals, 9266–9267 See Pipeline and Hazardous Materials Safety Administration Antitrust Division NOTICES Education Department Public Comment and Response on Proposed Final NOTICES Judgment: Agency Information Collection Activities; Proposals, United States et al. v. Verizon Communications Inc. and Submissions, and Approvals, 9224–9225 Alltel Corp., 9267–9277 Applications for New Awards for Fiscal Year (FY) 2009: Early Reading First Program, 9225–9232 Census Bureau Competitive Loan Auction Pilot Program, 9232–9234 NOTICES Agency Information Collection Activities; Proposals, Employment and Training Administration Submissions, and Approvals, 9214–9217 NOTICES Adjustment Assistance; Applications, Determinations, etc.: Cequent Electrical Products, Inc., Formerly Known As Centers for Disease Control and Prevention Tekonsha Towing, Tekonsha, MI, 9285 NOTICES Delphi Corp, et al., Flint, MI, 9287 Request for Nominations of Candidates to Serve on the Trim Masters, Inc., et al., Lawrenceville, IL, 9285 Board of Scientific Counselors, Coordinating Center for Amended Certification of Eligibility to Apply for Worker Infectious Diseases (BSC, CCID), 9247 and Alternative Trade Adjustment Assistance: Broyhill Furniture Industries, Inc.; Lenoir, NC, 9288– Children and Families Administration 9289 RULES Cequent Electrical Products, Inc.; Angolia, IN, 9289 State Parent Locator Service; Safeguarding Child Support Amended Certification Regarding Eligibility to Apply for Information: Worker and Alternative Trade Adjustment Assistance: Proposed Delay of Effective Date, 9171 Eaton Aviation Corp. et al., Aurora, CO, 9284 Amended Certification Regarding Eligibility to Apply for Commerce Department Worker and Alternative Trade Adjustment Assistance: See Census Bureau Micron Technology, Inc.; Boise, ID, 9284–9285 See Foreign–Trade Zones Board Seamless Sensations, Inc.; Chester, SC, 9288 See Industry and Security Bureau Certification of Eligibility to Apply for Worker and See International Trade Administration Alternative Trade Adjustment Assistance: See National Oceanic and Atmospheric Administration Broyhill Furniture Industries, Inc.; Taylorsville, NC, 9286 NOTICES Broyhill Furniture Industries, Inc.; Lenoir, NC, 9286 Agency Information Collection Activities; Proposals, Certification Regarding Eligibility to Apply for Worker and Submissions, and Approvals, 9213–9214 Alternative Trade Adjustment Assistance: Delphi Corp.; Flint, MI, 9286–9287 Community Development Financial Institutions Fund Whittier Wood Products Co.; Eugene, OR, 9287–9288 NOTICES Determinations Regarding Eligibility to Apply for Worker Agency Information Collection Activities; Proposals, and Alternative Trade Adjustment Assistance, 9277– Submissions, and Approvals, 9334–9335 9279 Determinations Regarding Eligibility to Apply for Worker Cooperative State Research, Education, and Extension and Alternative Trade Adjustment Assistance, 9281– Service 9284 Determinations: NOTICES International Paper Co. Pensacola Mill, Cantonment, FL, Solicitation of Input from Stakeholders Regarding the 9289–9290 Healthy Urban Food Enterprise Development Center Investigation Termination: Program, 9212–9213 Bassett Furniture Outlet, Bassett, VA, 9289

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Investigations Regarding Certifications of Eligibility to Federal Emergency Management Agency Apply for Worker and Alternative Trade Adjustment NOTICES Assistance, 9279–9281 Disaster and Related Determinations: Negative Determination on Remand: Oklahoma, 9255 Advanced Electronics, Inc.; Boston, MA, 9290–9291 Disaster Declarations: Termination of Investigations: Arkansas, 9255–9257 Allied Air Enterprises, Inc.; Blackville, SC, 9292 Kentucky, 9257 Bradington–Young, LLC; Cherryville, NC, 9291 Missouri, 9258 Hallmark Cards, Inc.; Kansas, MO, 9292 Emergency Declarations: National Vacuum Equipment; Traverse City, MI, 9291 Kentucky, 9258–9259 Westpoint Home; Calhoun Falls, SC, 9291 Major Disaster and Related Determinations: Termination of Investigations: Missouri, 9259 Bledsoe Constrruction, Inc.; Boise, ID, 9292 Oklahoma, 9259–9260 Termination of Investigations: Tennessee, 9258 Blount, Inc.; Milwaukie, OR, 9292 Major Disaster Declarations: Kentucky, 9257 Energy Department See Federal Energy Regulatory Commission Federal Energy Regulatory Commission RULES Environmental Protection Agency Standards for Business Practices for Interstate Natural Gas RULES Pipelines, 9162–9166 NOTICES Outer Continental Shelf Air Regulations Consistency Applications: Update for North Carolina, 9166–9171 Columbia Gas Transmission, LLC, et al., 9236 PROPOSED RULES Georgia Power Company, 9238–9239 Outer Continental Shelf Air Regulations Consistency Northwest Pipeline GP, et al., 9234–9235 Update for Alaska, 9180–9185 NOTICES Combined Notice of Filings, 9236–9238 Agency Information Collection Activities; Proposals, Filings: Submissions, and Approvals, 9239–9241 New England Power Co., 9235 Approval of a Petition for Exemption from Hazardous North American Electric Reliability Corp. et al., 9235– Waste Disposal Injection Restrictions: 9236 ArcelorMittal Hennepin, Inc., Hennepin, IL, 9241–9242 Initial Market-Based Rate Filing Includes Request for Blank Disclosure Pursuant to Court Order of Possible Confidential Section 204 Authorization: Business Information Obtained Under the High Lonesome Mesa, LLC, 9239 Comprehensive Environmental Response, Technical Conference: Compensation and Liability Act, 9242 Pipeline Posting Requirements Under Section 23 of the Meetings: Natural Gas Act, 9239 Local Government Advisory Committee, 9242–9243 Federal Highway Administration Petition for Exemption; Underground Injection Control NOTICES Program Hazardous Waste Injection Restrictions: Environmental Impact Statements; Intent.: Rubicon, LLC, 9243 Chautauqua County, NY, 9328 Federal Aviation Administration Federal Motor Carrier Safety Administration NOTICES RULES Finding of No Significant Impact and Record of Decision; Elimination of Route Designation Requirement for Motor Availability: Carriers Transporting Passengers over Regular Routes: Runway 6–24 Extension Project, Erie International Proposed Delay in Effective Date, 9172–9173 Airport, Erie, PA, 9327 NOTICES Opportunity for Public Comment on Surplus Property Applications: Release at Gulfport Biloxi International Airport, American Trucking Associations, Inc. and the Gulfport, MS, 9327–9328 Massachusetts Department of Highways, etc., 9328– 9329 Federal Communications Commission Meetings: RULES Motor Carrier Safety Advisory Committee, 9329 Television Broadcasting Services: Qualification of Drivers; Exemption Applications: Indianapolis, IN, 9171–9172 Vision, 9329–9331 PROPOSED RULES Qualification of Drivers; Exemption Renewals: Television Broadcasting Services: Vision, 9331 Columbus, GA, 9185 Waco, TX, 9185 Federal Railroad Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9243–9244 Submissions, and Approvals, 9331–9333 Meetings; Sunshine Act, 9244 Federal Reserve System Federal Deposit Insurance Corporation NOTICES RULES Federal Open Market Committee; Domestic Policy Directive Assessments, 9338–9341 of January 27 and 28, 2009, 9245

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Federal Trade Commission Interior Department NOTICES See Fish and Wildlife Service The Lubrizol Corp. and The Lockhart Co.; Analysis of See Land Management Bureau Agreement Containing Consent Order to Aid Public See National Park Service Comment, 9245–9247 International Trade Administration Fish and Wildlife Service NOTICES PROPOSED RULES Antidumping: Endangered and Threatened Wildlife and Plants: Chlorinated Isocyanurates from Spain, 9218 Initiation of Status Review for the Roundtail Chub (Gila Large Diameter Carbon and Alloy Seamless Standard, robusta) in the Lower Colorado River Basin, 9205– Line, and Pressure Pipe from Japan, 9218–9219 9207 Applications: Migratory Bird Hunting: Duty-Free Entry of Scientific Instruments, 9219 Application for Approval of Tungsten-Iron- Export Trade Certificates of Review, 9219–9222 Fluoropolymer Shot as Nontoxic for Waterfowl Hunting, 9207 Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau Food and Drug Administration See Antitrust Division NOTICES Agency Information Collection Activities; Proposals, Labor Department Submissions, and Approvals, 9247–9249 See Employment and Training Administration Determination of Regulatory Review Period for Purposes of See Mine Safety and Health Administration Patent Extension: ENDEAVOR, 9249–9250 Land Management Bureau Reports and Guidance Documents; Availability, etc.: NOTICES Guidance for Industry–– Alaska Native Claims Selection, 9260 Clinical Pharmacology Section of Labeling for Human Call for Public-At-Large Nominations to the Pinedale Prescription Drug and Biological Products, 9250– Anticline Working Group, 9260–9261 9251 Proposed Reinstatement of Terminated Oil and Gas Lease, 9261–9262 Foreign–Trade Zones Board Proposed Sale of Public Lands: NOTICES Oregon, 9262–9263 Foreign–Trade Zone 207 Richmond, Virginia, Withdrawal Realty Action: of Request for Subzone Status, Qimonda North America Proposed Direct Sale of Public Land, Idaho, 9263 Corp., Sandston, VA, 9217 Sale of Public Land; New Mexico, 9264–9265 Realty Action: Forest Service Recreation and Public Purposes Lease; Anchorage, AK, NOTICES 9263–9264 Meetings: Realty Action: Proposed Sale of Public Land: North Central Idaho Resource Advisory Committee, 9213 Idaho, 9265–9266 General Services Administration Library of Congress NOTICES See Copyright Office, Library of Congress Federal Acquisition Regulation (FAR): Agency Information Collection Activities; Proposals, Mine Safety and Health Administration Submissions, and Approvals, 9224 NOTICES Agency Information Collection Activities; Proposals, Health and Human Services Department Submissions, and Approvals: See Centers for Disease Control and Prevention Safety Standards for Roof Bolts in Metal and Nonmetal See Children and Families Administration Mines and Underground Coal Mines, 9292–9293 See Food and Drug Administration See Health Resources and Services Administration National Aeronautics and Space Administration See National Institutes of Health NOTICES NOTICES Federal Acquisition Regulation (FAR): Decision to Evaluate a Petition to Designate a Class of Agency Information Collection Activities; Proposals, Employees for the Oak Ridge Hospital; TN, 9247 Submissions, and Approvals, 9224 Health Resources and Services Administration National Archives and Records Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9251–9252 Submissions, and Approvals, 9307–9308 Homeland Security Department National Highway Traffic Safety Administration See Federal Emergency Management Agency RULES Federal Motor Vehicle Safety Standards: Industry and Security Bureau Air Brake Systems, 9173–9176 NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Federal Motor Vehicle Safety Standards: Submissions, and Approvals, 9217–9218 Air Brake Systems, 9202–9205

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Passenger Car and Light Truck Average Fuel Economy Postal Regulatory Commission Standards––Model Years 2008–2020: NOTICES Request for Product Plan Information, 9185–9202 New Competitive Postal Product, 9316–9318

National Institutes of Health Securities and Exchange Commission NOTICES RULES Government-Owned Inventions; Availability for Licensing, Adjustments to Civil Monetary Penalty Amounts, 9159– 9252–9253 9162 Meetings: NOTICES National Eye Institute, 9254 Agency Information Collection Activities; Proposals, National Institute Of Allergy And Infectious Diseases, Submissions, and Approvals, 9318–9320 9253–9254 Order of Suspension of Trading: National Institute of Mental Health, 9254–9255 Cincinnati Microwave, Inc., et al., 9320 National Institute on Aging, 9254 Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 9322–9323 National Oceanic and Atmospheric Administration Chicago Board Options Exchange, Inc., 9320–9322 RULES New York Stock Exchange LLC, 9323–9325 Fisheries of the Exclusive Economic Zone Off Alaska: NYSE Arca, Inc., 9325–9327 Opening Directed Fishing for Pacific Cod by Catcher Vessels Greater Than or Equal to 60 feet Length Small Business Administration Overall Using Pot Gear, 9176–9177 NOTICES PROPOSED RULES Disaster Declarations: Fisheries of the Northeastern United States: Kentucky, 9327 Spiny Dogfish; Framework Adjustment 2, 9208–9210 Identification and Certification of Nations Whose Fishing Surface Transportation Board Vessels Are Engaged in Illegal, Unreported, or NOTICES Unregulated Fishing, etc., 9207–9208 Discontinuance of Service Exemption: NOTICES Mid-Michigan Railroad, Inc., Kent and Ottawa Counties, Applications for Amendment: MI, 9334 Marine Mammals (File No. 774–1714), 9222 Meetings: Transportation Department Advisory Committee to the U.S. Section to the See Federal Aviation Administration International Commission for the Conservation of See Federal Highway Administration Atlantic Tunas (ICCAT); Spring Species Working See Federal Motor Carrier Safety Administration Group, 9223 See Federal Railroad Administration Taking of Marine Mammals Incidental to the Explosive See National Highway Traffic Safety Administration Removal of Offshore Structures in the Gulf of Mexico, See Pipeline and Hazardous Materials Safety 9223–9224 Administration National Park Service See Surface Transportation Board NOTICES Temporary Concession Contract for Lake Chelan National Treasury Department Recreation Area, WA, 9266 See Community Development Financial Institutions Fund

Nuclear Regulatory Commission PROPOSED RULES Separate Parts In This Issue C–10 Research and Education Foundation, Inc.: Receipt of Petition for Rulemaking, 9178–9180 Part II NOTICES Federal Deposit Insurance Corporation, 9338–9341 Environmental Assessment and Finding of No Significant Impact: Bellefonte Nuclear Power Plant, Units 1 and 2, 9308– Reader Aids 9315 Consult the Reader Aids section at the end of this page for Indiana Michigan Power Co.; Donald C. Cook Nuclear phone numbers, online resources, finding aids, reminders, Plant (Units 1 and 2), 9315 and notice of recently enacted public laws. Meetings; Sunshine Act, 9315–9316 To subscribe to the Federal Register Table of Contents Pipeline and Hazardous Materials Safety Administration LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Pipeling Safety: archives, FEDREGTOC-L, Join or leave the list (or change Random Drug Testing Rate, 9333–9334 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.

10 CFR Proposed Rules: 72...... 9178 12 CFR 327...... 9338 17 CFR 201...... 9159 18 CFR 284...... 9162 40 CFR 55...... 9166 Proposed Rules: 55...... 9180 45 CFR 302...... 9171 303...... 9171 307...... 9171 47 CFR 73...... 9171 Proposed Rules: 73 (2 documents) ...... 9185 49 CFR 356...... 9172 365...... 9172 374...... 9172 571...... 9173 Proposed Rules: 531...... 9185 533...... 9185 571...... 9202 50 CFR 679...... 9176 Proposed Rules: 17...... 9205 20...... 9207 300...... 9207 648...... 9208

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Rules and Regulations Federal Register Vol. 74, No. 40

Tuesday, March 3, 2009

This section of the FEDERAL REGISTER (‘‘CMPs’’) under the statutes The Commission administers four contains regulatory documents having general administered by the agency.3 statutes that provide for civil monetary applicability and legal effect, most of which A civil monetary penalty (‘‘CMP’’) is penalties: the Securities Act of 1933; the are keyed to and codified in the Code of defined in relevant part as any penalty, Securities Exchange Act of 1934; the Federal Regulations, which is published under Investment Company Act of 1940; and 50 titles pursuant to 44 U.S.C. 1510. fine, or other sanction that: (1) Is for a specific amount, or has a maximum the Investment Advisers Act of 1940. In The Code of Federal Regulations is sold by amount, as provided by federal law; and addition, the Sarbanes-Oxley Act of the Superintendent of Documents. Prices of (2) is assessed or enforced by an agency 2002 provides the PCAOB (over which new books are listed in the first FEDERAL in an administrative proceeding or by a the Commission has jurisdiction) REGISTER issue of each week. federal court pursuant to federal law.4 authority to levy civil monetary This definition covers the monetary penalties in its disciplinary penalty provisions contained in the proceedings.10 Penalties administered SECURITIES AND EXCHANGE statutes administered by the by the Commission were last adjusted COMMISSION Commission. In addition, this definition by rules effective February 14, 2005.11 encompasses the civil monetary The DCIA requires the civil monetary 17 CFR Part 201 penalties that may be imposed by the penalties to be adjusted for inflation at Public Company Accounting Oversight least once every four years. The [Release Nos. 33–9009; 34–59449; IA–2845; Board (the ‘‘PCAOB’’) in its disciplinary Commission is therefore obligated by IC–28635] proceedings pursuant to 15 U.S.C. statute to increase the maximum 7215(c)(4)(D).5 amount of each penalty by the Adjustments to Civil Monetary Penalty appropriate formulated amount. Amounts The DCIA requires that the penalties be adjusted by the cost-of-living Accordingly, the Commission is adopting an amendment to 17 CFR Part AGENCY: Securities and Exchange adjustment set forth in Section 5 of the 201 to add § 201.1004 and Table IV to Commission. FCPIAA.6 The cost-of-living adjustment is defined in the FCPIAA as the Subpart E, increasing the amount of ACTION: Final rule. percentage by which the U.S. each civil monetary penalty authorized by the Securities Act of 1933, the SUMMARY: This rule implements the Department of Labor’s Consumer Price Index for all-urban consumers (‘‘CPI– Securities Exchange Act of 1934, the Federal Civil Penalties Inflation Investment Company Act of 1940, the U’’) 7 for the month of June for the year Adjustment Act of 1990, as amended by Investment Advisers Act of 1940, and preceding the adjustment exceeds the the Debt Collection Improvement Act of certain penalties under the Sarbanes- CPI–U for the month of June for the year 1996. The Commission is adopting a Oxley Act of 2002. The adjustments set in which the amount of the penalty was rule adjusting for inflation the forth in the amendment apply to last set or adjusted pursuant to law.8 maximum amount of civil monetary violations occurring after the effective The statute contains specific rules for penalties under the Securities Act of date of the amendment. 1933, the Securities Exchange Act of rounding each increase based on the 1934, the Investment Company Act of size of the penalty.9 Agencies do not II. Summary of the Calculation 1940, the Investment Advisers Act of have discretion over whether to adjust To explain the inflation adjustment 1940, and certain penalties under the a maximum CMP, or the method used calculation for CMP amounts that were Sarbanes-Oxley Act of 2002. to determine the adjustment. Although last adjusted in 2005, we will use the the DCIA imposes a 10 percent DATES: Effective Date: March 3, 2009. following example. Under the current maximum increase for each penalty for provisions, the Commission may impose FOR FURTHER INFORMATION CONTACT: the first adjustment pursuant thereto, a maximum CMP of $1,275,000 for Richard A. Levine, Assistant General that limitation does not apply to certain insider trading violations by a Counsel, at (202) 551–5168, or James A. subsequent adjustments. controlling person. To determine the Cappoli, Office of the General Counsel, new CMP amounts under the at (202) 551–7923. 3 Increased CMPs apply only to violations that amendment, first we determine the SUPPLEMENTARY INFORMATION: occur after the increase takes effect. appropriate CPI–U for June of the 4 28 U.S.C. 2461 note (3)(2). calendar year preceding the year of I. Background 5 The Commission may by order affirm, modify, remand, or set aside sanctions, including civil adjustment. Because we are adjusting This rule implements the Debt monetary penalties, imposed by the PCAOB. See CMPs in 2009, we use the CPI–U for Collection Improvement Act of 1996 Section 107(c) of the Sarbanes-Oxley Act of 2002, June of 2008, which was 218.815. We (‘‘DCIA’’).1 The DCIA amended the 15 U.S.C. 7217. The Commission may enforce such must also determine the CPI–U for June orders in federal district court pursuant to Section Federal Civil Penalties Inflation 21(e) of the Securities Exchange Act of 1934. As a of the year the CMP was last adjusted 2 Adjustment Act of 1990 (‘‘FCPIAA’’) to result, penalties assessed by the PCAOB in its for inflation. Because the Commission require each federal agency to adopt disciplinary proceedings are penalties ‘‘enforced’’ last adjusted this CMP in 2005, we use regulations at least once every four years by the Commission for purposes of the Act. See the CPI–U for June of 2005, which was Adjustments to Civil Monetary Penalty Amounts, that adjust for inflation the maximum Release No. 33–8530 (Feb. 4, 2005) [70 FR 7606 194.5. amount of the civil monetary penalties (Feb. 14, 2005)]. Second, we calculate the cost-of- 6 28 U.S.C. 2461 note (5). living adjustment or inflation factor. To 1 Public Law 104–134, 110 Stat. 1321–373 (1996) 7 28 U.S.C. 2461 note (3)(3). (codified at 28 U.S.C. 2461 note). 8 28 U.S.C. 2461 note (5)(b). 10 15 U.S.C. 7215(c)(4)(D). 2 28 U.S.C. 2461 note. 9 28 U.S.C. 2461 note (5)(a)(1)–(6). 11 See 17 CFR 201.1003.

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do this we divide the CPI for June of that good cause exists to dispense with by inflation. Furthermore, Congress, in 2008 (218.815) by the CPI for June of public notice and comment pursuant to mandating the inflationary adjustments, 2005 (194.5). Our result is 1.1250. the notice and comment provisions of has already determined that any Third, we calculate the raw inflation the APA.14 Specifically, the possible increase in costs is justified by adjustment (the inflation adjustment Commission finds that because the the overall benefits of such adjustments. before rounding). To do this, we adjustment is mandated by Congress multiply the maximum penalty amounts and does not involve the exercise of C. Paperwork Reduction Act by the inflation factor. In our example, Commission discretion or any policy This rule does not contain any $1,275,000 multiplied by the inflation judgments, public notice and comment collection of information requirements factor of 1.1250 equals $1,434,391. is unnecessary.15 as defined by the Paperwork Reduction Fourth, we round the raw inflation Under the DCIA, agencies must make Act of 1995 as amended.17 amounts according to the rounding rules the required inflation adjustment to in Section 5(a) of the FCPIAA. Since we civil monetary penalties: (1) According D. Statutory Basis round only the increase amount, we to a very specific formula in the statute; The Commission is adopting these calculate the increased amount by and (2) within four years of the last amendments to 17 CFR Part 201, subtracting the current maximum inflation adjustment. Agencies have no Subpart E pursuant to the directives and penalty amounts from the raw discretion as to the amount of the authority of the DCIA, Public Law 104– maximum inflation adjustments. adjustment and have limited discretion 134, 110 Stat. 1321–373 (1996). Accordingly, the increase amount for as to the timing of the adjustment, in the maximum penalty in our example is that agencies are required to make the List of Subjects in 17 CFR Part 201 $159,391 (i.e., $1,434,391 less adjustment at least once every four Administrative practice and $1,275,000). Under the rounding rules, years. The regulation discussed herein procedure, Claims, Confidential if the penalty is greater than $200,000, is ministerial, technical, and business information, Lawyers, we round the increase to the nearest noncontroversial. Furthermore, because Securities. multiple of $25,000. Therefore, the the regulation concerns penalties for maximum penalty increase in our conduct that is already illegal under Text of Amendment example is $150,000. existing law, there is no need for ■ Fifth, we add the rounded increase to affected parties to have thirty days prior For the reasons set forth in the the maximum penalty amount last set or to the effectiveness of the regulation and preamble, part 201, title 17, chapter II of adjusted. In our example, $1,275,000 amendments to adjust their conduct. the Code of Federal Regulations is plus $150,000 yields a maximum Accordingly, the Commission believes amended as follows: inflation adjustment penalty amount of that there is good cause to make this PART 201—RULES OF PRACTICE $1,425,000.12 regulation effective immediately upon 16 III. Related Matters publication. Subpart E—Adjustment of Civil Monetary Penalties A. Administrative Procedure Act— B. Cost-Benefit Analysis Immediate Effectiveness of Final Rule The Commission is sensitive to the ■ 1. The authority citation for part 201, Under the Administrative Procedure costs and benefits that result from its Subpart E, is revised to read as follows: rules. This regulation merely adjusts Act (‘‘APA’’), a final rule may be issued Authority: 28 U.S.C. 2461 note. without public notice and comment if civil monetary penalties in accordance the agency finds good cause that notice with inflation as required by the DCIA, ■ 2. Section 201.1004 and Table IV to and comment are impractical, and has no impact on disclosure or Subpart E are added to read as follows: unnecessary, or contrary to public compliance costs. The benefit provided 13 by the inflationary adjustment to the § 201.1004 Adjustment of civil monetary interest. Because the Commission is penalties—2009. required by statute to adjust the civil maximum civil monetary penalties is monetary penalties within its that of maintaining the level of As required by the Debt Collection jurisdiction by the cost-of-living deterrence effectuated by the civil Improvement Act of 1996, the maximum adjustment formula set forth in Section monetary penalties, and not allowing amounts of all civil monetary penalties 5 of the FCPIAA, the Commission finds such deterrent effect to be diminished under the Securities Act of 1933, the Securities Exchange Act of 1934, the 14 12 The adjustments in Table IV to Subpart E of 5 U.S.C. 553(b)(3)(B). Investment Company Act of 1940, the Part 201 reflect that the operation of the statutorily 15 A regulatory flexibility analysis under the Investment Advisers Act of 1940, and mandated computation, together with rounding Regulatory Flexibility Act (‘‘RFA’’) is required only certain penalties under the Sarbanes- rules, does not result in any adjustment to one when an agency must publish a general notice of penalty. This particular penalty will be subject to proposed rulemaking for notice and comment. See Oxley Act of 2002 are adjusted for slightly different treatment when calculating the 5 U.S.C. 603. As noted above, notice and comment inflation in accordance with Table IV to next adjustment. Under the statute, when we next are not required for this final rule. Therefore, the this subpart. The adjustments set forth adjust these penalties, we will be required to use RFA does not apply. in Table IV apply to violations occurring the CPI–U for June of the year when this particular 16 Additionally, this finding satisfies the penalty was ‘‘last adjusted,’’ rather than the CPI–U requirements for immediate effectiveness under the after March 3, 2009. for 2009. Small Business Regulatory Enforcement Fairness 13 5 U.S.C. 553(b)(3)(B). Act. See 5 U.S.C. 808(2); see also id. 801(a)(4). 17 44 U.S.C. 3501 et seq.

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Table IV to Subpart E Civil monetary penalty inflation adjustments Maximum Year penalty penalty Adjusted amount was amount maximum last pursuant to penalty U.S. Code citation Civil monetary penalty description adjusted last amount adjustment

Securities and Exchange Commission: ...... 15 U.S.C. 77t(d) ...... For natural person ...... 2001 $6,500 $7,500 For any other person ...... 2005 65,000 75,000 For natural person/fraud ...... 2005 65,000 75,000 For any other person/fraud ...... 2005 325,000 375,000 For natural person/substantial losses or risk 2005 130,000 150,000 of losses to others. For any other person/substantial losses or 2005 650,000 725,000 risk of losses to others. 15 U.S.C. 78ff(b) ...... Exchange Act/failure to file information docu- 1996 110 110 ments, reports. 15 U.S.C. 78ff(c)(1)(B) ...... Foreign Corrupt Practices—any issuer ...... 1996 11,000 16,000 15 U.S.C. 78ff(c)(2)(C) ...... Foreign Corrupt Practices—any agent or 1996 11,000 16,000 stockholder acting on behalf of issuer. 15 U.S.C. 78u–1(a)(3) ...... Insider Trading—controlling person ...... 2005 1,275,000 1,425,000 15 U.S.C. 78u–2 ...... For natural person ...... 2001 6,500 7,500 For any other person ...... 2005 65,000 75,000 For natural person/fraud ...... 2005 65,000 75,000 For any other person/fraud ...... 2005 325,000 375,000 For natural person/substantial losses to oth- 2005 130,000 150,000 ers/gains to self. For any other person/substantial losses to 2005 650,000 725,000 others/gain to self. 15 U.S.C. 78u(d)(3) ...... For natural person ...... 2001 6,500 7,500 For any other person ...... 2005 65,000 75,000 For natural person/fraud ...... 2005 65,000 75,000 For any other person/fraud ...... 2005 325,000 375,000 For natural person/substantial losses or risk 2005 130,000 150,000 of losses to others. For any other person/substantial losses or 2005 650,000 725,000 risk of losses to others. 15 U.S.C. 80a–9(d) ...... For natural person ...... 2001 6,500 7,500 For any other person ...... 2005 65,000 75,000 For natural person/fraud ...... 2005 65,000 75,000 For any other person/fraud ...... 2005 325,000 375,000 For natural person/substantial losses to oth- 2005 130,000 150,000 ers/gains to self. For any other person/substantial losses to 2005 650,000 725,000 others/gain to self. 15 U.S.C. 80a–41(e) ...... For natural person ...... 2001 6,500 7,500 For any other person ...... 2005 65,000 75,000 For natural person/fraud ...... 2005 65,000 75,000 For any other person/fraud ...... 2005 325,000 375,000 For natural person/substantial losses or risk 2005 130,000 150,000 of losses to others. For any other person/substantial losses or 2005 650,000 725,000 risk of losses to others. 15 U.S.C. 80b–3(i) ...... For natural person ...... 2001 6,500 7,500 For any other person ...... 2005 65,000 75,000 For natural person/fraud ...... 2005 65,000 75,000 For any other person/fraud ...... 2005 325,000 375,000 For natural person/substantial losses to oth- 2005 130,000 150,000 ers/gains to self. For any other person/substantial losses to 2005 650,000 725,000 others/gain to self. 15 U.S.C. 80b–9(e) ...... For natural person ...... 2001 6,500 7,500 For any other person ...... 2005 65,000 75,000 For natural person/fraud ...... 2005 65,000 75,000 For any other person/fraud ...... 2005 325,000 375,000 For natural person/substantial losses or risk 2005 130,000 150,000 of losses to others. For any other person/substantial losses or 2005 650,000 725,000 risk of losses to others. 15 U.S.C. 7215(c)(4)(D)(i) ...... For natural person ...... 2005 110,000 120,000 For any other person ...... 2005 2,100,000 2,375,000 15 U.S.C. 7215(c)(4)(D)(ii) ...... For natural person ...... 2005 800,000 900,000 For any other person ...... 2005 15,825,000 17,800,000

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Dated: February 25, 2009. Kay Morice (technical issues), Office of ‘‘Internet Electronic Transport’’ that is By the Commission. Energy Market Regulation, Federal applicable to the retail gas and electric Elizabeth M. Murphy, Energy Regulatory Commission, 888 markets as well as the wholesale gas Secretary. First Street, NE., Washington, DC market,4 changes to the Electronic [FR Doc. E9–4379 Filed 3–2–09; 8:45 am] 20426, (202) 502–6507. Delivery Mechanism (EDM) Related BILLING CODE 8011–01–P Caroline Daly (technical issues), Office Standards, an additional standard of Energy Market Regulation, Federal related to reporting on gas quality, and Energy Regulatory Commission, 888 maintenance changes to the Nomination DEPARTMENT OF ENERGY First Street, NE., Washington, DC Related Standards and Flowing Gas 20426, (202) 502–8931. Related Standards. NAESB also reported Federal Energy Regulatory Gary D. Cohen (legal issues), Office of that the Version 1.8 standards included Commission the General Counsel, Federal Energy several standards already adopted by Regulatory Commission, 888 First the Commission, including gas-electric 18 CFR Part 284 Street, NE., Washington, DC 20426, coordination standards to support (202) 502–8321. communications between pipelines and [Docket No. RM96–1–029; Order No. SUPPLEMENTARY INFORMATION: gas-fired generators,5 gas quality 587–T] reporting standards to support reporting Before Commissioners: Jon Wellinghoff, of gas quality specifications and Standards for Business Practices for Acting Chairman; Suedeen G. Kelly, Interstate Natural Gas Pipelines reporting of the underlying assumptions Marc Spitzer, and Philip D. Moeller and methodologies, and business Issued February 24, 2009. 1. The Federal Energy Regulatory practice standards to support AGENCY: Federal Energy Regulatory Commission (Commission) is amending implementation of Order No. 2004 on Commission. § 284.12 of its regulations (which Standards of Conduct.6 ACTION: Final Rule. establishes standards for natural gas 4. On September 18, 2008, the pipeline business practices and Commission issued a Notice of SUMMARY: The Federal Energy electronic communications) 1 to Proposed Rulemaking (NOPR) 7 that Regulatory Commission (Commission) is incorporate by reference the most recent proposed to incorporate by reference the amending its regulations that establish version (Version 1.8) of the standards WGQ’s Version 1.8 Standards and to standards for interstate natural gas promulgated by the Wholesale Gas make minor corrections to § 284.12(b) of pipeline business practices and Quadrant (WGQ) of the North American the Commission’s regulations. The sole electronic communications to Energy Standards Board (NAESB). In comment was filed by American Gas incorporate by reference into its addition, the Commission is amending Association (AGA), which supported regulations the most recent version of § 284.12(b) of its regulations to make the adoption of Version 1.8 of the the standards, Version 1.8, adopted by minor corrections. standards, but requested modifications the Wholesale Gas Quadrant (WGQ) of to the Commission’s relationship with the North American Energy Standards I. Background NAESB. Board (NAESB) and to make other 2. Since 1996, in the Order No. 587 minor corrections. This rule upgrades series,2 the Commission has adopted II. Discussion the Commission’s current business regulations to standardize the business 5. The Commission’s NOPR proposal practice and communication standards practices and communication to amend part 284 of its regulations to to reflect the latest version approved by methodologies of interstate pipelines in incorporate by reference Version 1.8 of the NAESB WGQ (i.e., the Version 1.8 order to create a more integrated and the NAESB WGQ’s consensus Standards), and is necessary to increase efficient pipeline grid. In this series of standards,8 with the two exceptions the efficiency of the pipeline grid, make orders, the Commission incorporated by pipelines’ electronic communications reference consensus standards 4 In this Final Rule, the Commission is requiring more secure, and is consistent with the interstate natural gas pipelines to comply with developed by the WGQ (formerly the these standards. We are not making these standards mandate that agencies provide for Gas Industry Standards Board or GISB), mandatory for retail transactions. electronic disclosure of information. a private consensus standards developer 5 Standards for Business Practices for Interstate DATES: This rule will become effective composed of members from all segments Natural Gas Pipelines; Standards for Business April 2, 2009. Natural gas pipelines are of the natural gas industry. The WGQ is Practices for Public Utilities, Order No. 698, 72 FR 38757 (July 16, 2007), FERC Stats, & Regs ¶ 31,251 required to implement these standards an accredited standards organization (2007); order granting clarification and denying on the first day of the month three under the auspices of the American reh’g, Order No. 698–A, 121 FERC ¶ 61,264 (2007). months after the effective date of this National Standards Institute (ANSI). 6 Standards of Conduct for Transmission rule and file tariff sheets to reflect the 3. On September 14, 2007, NAESB Providers, Order No. 2004, 68 FR 69134 (Dec. 11, submitted a report to the Commission 2003), FERC Stats. & Regs., ¶ 31,155 (2003); order changed standards on the first day of the on reh’g, Order No. 2004–B, 69 FR 23562 (Apr. 29, month one month after the effective date stating that it had adopted a new 2004), FERC Stats. & Regs., ¶ 31,161 (2004); order of this rule. The Director of the Federal version of its standards, Version 1.8, on reh’g, Order No. 2004–B, 69 FR 48371 (Aug. 10, Register has approved the incorporation dated September 30, 2006.3 NAESB 2004), FERC Stats. & Regs., ¶ 31,166 (2004); order reported that the Version 1.8 Standards on reh’g, Order No. 2004–C, 70 FR 284 (Jan. 4, by reference of the standards addressed 2005), FERC Stats. & Regs., ¶ 31,172 (2004); order in this Final Rule effective April 2, include a new set of standards for on clarification and reh’g, Order No. 2004–D, 110 2009. FERC ¶ 61,320 (2005). 1 18 CFR 284.12. 7 Standards for Business Practices for Interstate FOR FURTHER INFORMATION CONTACT: 2 Standards for Business Practices of Interstate Natural Gas Pipelines, Notice of Proposed William Lohrman (technical issues), Natural Gas Pipelines, Order No. 587, 61 FR 39053 Rulemaking, 73 FR 55460 (Sep. 18, 2008), FERC Office of Energy Market Regulation, (July 26, 1996), FERC Stats. & Regs., ¶ 31,038 Stats. & Regs. ¶ 32,636 (2008). Federal Energy Regulatory (1996). 8 In its Version 1.8 Standards, the WGQ made the 3 Some of the standards subsequently were following changes to its Version 1.7 standards: Commission, 888 First Street, NE., corrected and these minor corrections were applied It revised Principles 1.1.9, 4.1.2, 4.1.6, and 4.1.7, Washington, DC 20426, (202) 502– to the Version 1.8 Capacity Release Related Definitions 2.2.4, 4.2.1, 4.2.11, 4.2.12, 4.2.13, and 8070. Standards on Dec. 13, 2006. 4.2.20, Standards 1.3.54, 1.3.60, 1.3.61, 1.3.63,

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noted in the NOPR,9 was not opposed Commission found in Order No. 587, example, recently adopted policies to by any commenter. Adoption of Version adoption of consensus standards is allow standards setting decisions to be 1.8 will continue the process of appropriate because the consensus made more quickly for important updating and improving NAESB’s process helps ensure the reasonableness efforts.14 business practice standards for the of the standards by requiring that the III. Implementation Dates and wholesale gas market. The new Internet standards draw support from a broad Procedures Electronic Transport Related Standards spectrum of industry participants will help create a more seamless representing all segments of the 10. Based on past practice, we are electronic marketplace by providing industry. Moreover, since the industry adopting an implementation schedule consistent electronic protocols across itself has to conduct business under designed to provide natural gas the wholesale gas, as well as the retail these standards, the Commission’s pipelines adequate time to prepare for gas and retail electric markets. The regulations should reflect those these changes. Pipelines are required to standards also include a new standard standards that have the widest possible implement the standards we are for gas quality reporting (Standard support. In section 12(d) of the National incorporating by reference in this Final 4.3.93) that will provide the industry Technology Transfer and Advancement Rule by the first day of the month three with important information about how Act of 1995 (NTT&AA), Congress months after the effective date of this pipelines determine gas quality. affirmatively requires federal agencies to Final Rule. In addition, pipelines are Standard 4.3.93 requires that the use technical standards developed by required to file tariff sheets to reflect the pipelines post on their Web sites voluntary consensus standards changed standards on the first day of the specific information on how the organizations, like NAESB, as means to month one month after the effective date pipelines determine gas quality, carry out policy objectives or activities of this Final Rule to be effective as of including the industry standard (or determined by the agencies unless use the implementation date. Pipelines other methodology, as applicable) that of such standards would be inconsistent incorporating the Version 1.8 standards the pipeline uses for the following: with applicable law or otherwise into their tariffs must include the procedures used for obtaining natural impractical.12 standard number and Version 1.8. gas samples, analytical test method(s), 7. One of the Version 1.8 standards, IV. Notice of Use of Voluntary and calculation method(s), in WGQ Standard 4.3.23, provides Consensus Standards conjunction with any physical guidelines for how pipelines post 11. In section 12(d) of NTT&AA, constant(s) and underlying transmission provider Standards of Congress affirmatively requires federal assumption(s). The revisions to the Conduct-related information on their agencies to use technical standards Nomination Related Standards and Web sites. However, the Commission developed by voluntary consensus Flowing Gas Related Standards are issued revised Standards of Conduct 13 standards organizations, like NAESB, as designed to ensure that these standards requirements in Order No. 717 the means to carry out policy objectives reflect current market practices.10 subsequent to the Version 1.8 standards or activities determined by the agencies 6. The NAESB WGQ approved the adopted by NAESB. As a result, some of unless use of such standards would be Version 1.8 Standards under NAESB’s the data templates in the NAESB WGQ inconsistent with applicable law or consensus procedures.11 As the 4.3.23 standard are unnecessary. We will incorporate Standard 4.3.23, otherwise impractical.15 NAESB 2.3.21, 2.3.35, 2.3.51, 4.3.1, 4.3.2, 4.3.5, 4.3.16, because it contains requirements for approved the standards under its 4.3.18, 4.3.22, 4.3.23, and 4.3.25, and Datasets 1.4.1 posting that are applicable under Order consensus procedures. Office of through 1.4.7, 2.4.1 through 2.4.4, 2.4.7, 2.4.8, 3.4.1, No. 717. However, pipelines will not be Management and Budget Circular A–119 5.4.1 through 5.4.3, 5.4.5, 5.4.7 through 5.4.11, required to continue to post affiliate (§ 11) (February 10, 1998) provides that 5.4.13, 5.4.14, 5.4.15, and 5.4.18 through 5.4.22. federal agencies should publish a It added Principles 0.1.3, 4.1.40, and 10.1.1 information that is no longer required to through 10.1.9, Definitions 0.2.1, 0.2.2, 0.2.3, and be maintained under the Commission’s request for comment in a NOPR when 10.2.1 through 10.2.38, Standards 0.3.11 through regulations as amended by Order No. the agency is seeking to issue or revise 0.3.15, 2.3.65, 4.3.89 through 4.3.93, and 10.3.1 717. a regulation proposing to adopt a through 10.3.25, and Data Sets 0.4.1, 2.4.17, 2.4.18, voluntary consensus standard or a and 5.4.23. 8. In addition to comments in support It deleted Principles 4.1.9 and 4.1.25, and of the proposed rule, AGA requested government-unique standard. On Standards 4.3.6, 4.3.19, 4.3.21, and 4.3.63. that the Commission take a more active September 18, 2008, the Commission It deleted the following standards from the EDM role in shepherding the development of issued a NOPR that proposed to Related Standards and moved them to the Internet wholesale gas standards. In brief, AGA incorporate by reference NAESB’s Electronic Transport Related Standards: Standards is concerned that the standards process Version 1.8 Standards. The Commission 4.3.7 through 4.3.15, 4.3.37, 4.3.64, 4.3.70, 4.3.71, and 4.3.88. takes too long to complete. took comments on the NOPR into It renamed the EDM Related Standards, which are 9. We appreciate AGA’s desire that account in fashioning this Final Rule. now entitled the Quadrant Electronic Delivery standard development proceed quickly. Mechanism Related Standards. We note that NAESB has taken a V. Information Collection Statement 9 As proposed in the NOPR, the Commission is continuing interest in improving its 12. The Office of Management and continuing its past practice and is not incorporating Budget’s (OMB) regulations in 5 CFR by reference Standards 4.3.4 and 10.3.2, because standards-setting process, and has, for they are inconsistent with the Commission’s record 1320.11 require that it approve certain retention requirement in 18 CFR 284.12(b)(3)(v). from each of the five industry segments— reporting and recordkeeping 10 In addition, the Commission is amending Distributors, End Users, Pipelines, Producers, and requirements (collections of § 284.12(b) to make two minor corrections. First, we Services (including marketers and computer service information) imposed by an agency. correct the reference to the ‘‘Gas Industry Standards providers). For final approval, 67 percent of the Board’’ to refer to the ‘‘North American Energy WGQ’s general membership voting must ratify the Upon approval of a collection of Standards Board Wholesale Gas Quadrant.’’ Second, standards. we correct the reference to the paragraph 12 Public Law 104–113, § 12(d), 110 Stat. 775 14 NAESB Policy on Efficient Standards incorporating the NAESB standards by reference (1996), 15 U.S.C. 272 note (1997). Development, adopted by NAESB Board of from paragraph (b)(1) to paragraph (a)(1). 13 Standards of Conduct for Transmission Directors, Sep. 25, 2008, http://www.naesb.org/ 11 This process first requires a super-majority vote Providers, Order No. 717, 73 FR 63796 (Oct. 27, pdf3/bd092508a2.doc. of 17 out of 25 members of the WGQ’s Executive 2008), FERC Stats. & Regs ¶ 31,280 (2008), reh’g 15 Public Law 104–113, § 12(d), 110 Stat. 775 Committee with support from at least two members pending. (1996), 15 U.S.C. 272 note (1997).

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information, OMB will assign an OMB electronic disclosure of information. efficiency and reliability of the natural control number and an expiration date. Requiring such information ensures a gas industry’s operations. In addition, Respondents subject to the filing common means of communication and the Commission’s Office of Energy requirements of this Final Rule will not ensures common business practices that Market Regulation will use the data for be penalized for failing to respond to provide participants engaged in general industry oversight. these collections of information unless transactions with interstate pipelines 16. The Commission sought the collections of information display a with timely information and uniform comments on the Commission’s valid OMB control number. business procedures across multiple estimate provided in the NOPR of the 13. This Final Rule upgrades the pipelines. Commission’s current business practice burden associated with adoption of the and communication standards to the 15. The following burden estimates NOPR proposals. In response to the latest edition approved by the NAESB include the costs to implement the NOPR, no comments were filed that WGQ (i.e., the Version 1.8 Standards). WGQ’s revised business practice addressed the reporting burden imposed 14. The implementation of these standards and communication protocols by these requirements. Therefore the standards is necessary to increase the for interstate natural gas pipelines. The Commission will use these same efficiency of the pipeline grid, make implementation of these data estimates in this Final Rule. The pipelines’ electronic communications requirements will help the Commission substantive issue raised by the sole more secure, and is consistent with the carry out its responsibilities under the commenter on the NOPR is addressed in mandate that agencies provide for Natural Gas Act of promoting the this preamble.

No. of No. of responses Hours per Total No. of Data collection respondents per respondent response hours

FERC–545 16 ...... 168 1 10 1,680 FERC–549C 17 ...... 126 1 1,181 148,806

Total Annual Hours for Collection 17. Information Collection Costs: The requirements. It has projected the (Reporting and Recordkeeping, (if Commission sought comments on the average annualized cost for all appropriate)) = 150,486. costs to comply with these respondents to be the following:

FERC– FERC–545 549C

Annualized Capital/Startup Costs ...... $211,680 $12,743,010 Annualized Costs (Operations & Maintenance) ...... 0 0

Total Annualized Costs ...... 211,680 12,743,010

Total Cost for all Respondents = more secure, and is consistent with the for general industry oversight, and to $12,954,690. mandate that agencies provide for supplement the documentation used 18. OMB regulations 18 require OMB electronic disclosure of information.19 during the Commission’s audit process. to approve certain information Requiring such information ensures 20. Internal Review: The Commission collection requirements imposed by both a common means of has reviewed the requirements agency rule. The Commission is communication and common business pertaining to business practices and submitting notification of this Final practices that provide participants electronic communication with Rule to OMB. engaged in transactions with interstate interstate natural gas pipelines and has Title: FERC–545, Gas Pipeline Rates: pipelines with timely information and made a determination that these Rates Change (Non-Formal); FERC– uniform business procedures across revisions are necessary to establish a 549C, Standards for Business Practices multiple pipelines. more efficient and integrated pipeline of Interstate Natural Gas Pipelines. 19. The information collection grid. These requirements conform to the Action: Information collections. requirements of this Final Rule will be Commission’s plan for efficient OMB Control Nos.: 1902–0154, 1902– reported directly to the industry users. information collection, communication, 0174. The implementation of these data and management within the natural gas Respondents: Business or other for requirements will help the Commission industry. The Commission has assured profit, (Interstate natural gas pipelines carry out its responsibilities under the itself, by means of its internal review, (Not applicable to small business)). Natural Gas Act to monitor activities of that there is specific, objective support Frequency of Responses: One-time the natural gas industry to ensure its for the burden estimates associated with implementation (business procedures, competitiveness and to assure the the information requirements. capital/start-up). improved efficiency of the industry’s 21. Interested persons may obtain Necessity of Information: The operations. The Commission’s Office of information on the reporting Commission’s regulations adopted in Energy Market Regulation will use the requirements by contacting the this rule are necessary to increase the data in rate proceedings to review rate following: efficiency of the pipeline grid, make and tariff changes by natural gas Federal Energy Regulatory Commission, pipelines’ electronic communications companies for the transportation of gas, 888 First Street, NE., Washington, DC

16 Data collection FERC–545 covers rate change 17 Data collection FERC–549C covers Standards 18 5 CFR 1320.11. filings made by natural gas pipelines, including for Business Practices of Interstate Natural Gas 19 44 U.S.C. 3504 note, Public Law 105–277, tariff changes. (OMB control No. 1902–0154) Pipelines. (OMB Control No. 1902–0174) 1701, 112 Stat. 2681–749 (1998).

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20426; [Attention: Michael Miller, the Commission do not fall within the digits of this document in the docket Office of the Executive Director, RFA’s definition of a small entity. number field. User assistance is Phone: (202) 502–8415, fax: (202) Approximately 168 entities would be available for eLibrary and the FERC’s 273–0873, e-mail: potential respondents subject to data Web site during normal business hours [email protected];] or by collection FERC–545 reporting from FERC Online Support at (202) 502– contacting: requirements; of those, about 126 6652 (toll-free at 1–866–208–3676) or e- Office of Management and Budget, natural gas companies (including mail at [email protected], or Office of Information and Regulatory storage) would also be subject to data the Public Reference Room at (202) 502– Affairs, Washington, DC 20503; collection FERC–549C reporting 8371, TTY (202) 502–8659. E-Mail the [Attention: Desk Officer for the requirements. Nearly all of these entities Public Reference Room at Federal Energy Regulatory are large entities. For the year 2007 (the [email protected]. Commission, phone: (202) 395–7345, most recent year for which information IX. Effective Date and Congressional fax: (202) 395–7285]. is available), only four companies not Notification VI. Environmental Analysis affiliated with larger companies had annual revenues of less than $ 6.5 28. These regulations are effective 22. The Commission is required to million, which is about three percent of April 2, 2009. The Commission has prepare an Environmental Assessment the total universe of potential determined, with the concurrence of the or an Environmental Impact Statement respondents. Moreover, these Administrator of the Office of for any action that may have a requirements are designed to benefit all Information and Regulatory Affairs of significant adverse effect on the human customers, including small businesses. OMB, that this rule is not a ‘‘major rule’’ environment.20 The Commission has As noted above, adoption of consensus as defined in section 351 of the Small categorically excluded certain actions standards helps ensure the Business Regulatory Enforcement from these requirements as not having a reasonableness of the standards by Fairness Act of 1996. significant effect on the human requiring that the standards draw List of Subjects in 18 CFR Part 284 environment.21 The actions adopted support from a broad spectrum of here fall within categorical exclusions industry participants representing all Continental shelf, Incorporation by in the Commission’s regulations for segments of the industry. Because of reference, Natural gas, Reporting and rules that are clarifying, corrective, or that representation and the fact that recordkeeping requirements. procedural, for information gathering industry conducts business under these By the Commission. Commissioner analysis, and dissemination, and for standards, the Commission’s regulations Kelliher is not participating. Commissioner sales, exchange, and transportation of should reflect those standards that have Moeller concurring with a separate statement natural gas and electric power that the widest possible support. attached. requires no construction of facilities. 25. Accordingly, pursuant to section Kimberly D. Bose, Therefore, an environmental assessment 605(b) of the RFA, the Commission Secretary. is unnecessary and has not been hereby certifies that the regulations ■ In consideration of the foregoing, the prepared in this Final Rule. adopted herein will not have a Commission amends Part 284 of Chapter VII. Regulatory Flexibility Act significant adverse impact on a I, Title 18, Code of Federal Regulations, substantial number of small entities. as follows. 23. The Regulatory Flexibility Act of 1980 (RFA) 22 generally requires a VIII. Document Availability PART 284—CERTAIN SALES AND description and analysis of final rules 26. In addition to publishing the full TRANSPORTATION OF NATURAL GAS that will have significant economic text of this document in the Federal UNDER THE NATURAL GAS POLICY impact on a substantial number of small Register, the Commission provides all ACT OF 1978 AND RELATED entities. In drafting a rule an agency is interested persons an opportunity to AUTHORITIES required to: (1) Assess the effect that its view and/or print the contents of this regulation will have on small entities; ■ 1. The authority citation for part 284 document via the Internet through continues to read as follows: (2) analyze effective alternatives that FERC’s Home Page (http://www.ferc.gov) may minimize a regulation’s impact; and in FERC’s Public Reference Room Authority: 15 U.S.C. 717–717w, 3301– and (3) make the analysis available for during normal business hours (8:30 a.m. 3432; 42 U.S.C. 7101–7352; 43 U.S.C. 1331– 23 1356. public comment. to 5 p.m. Eastern time) at 888 First 24. The regulations we are adopting in Street, NE., Room 2A, Washington DC ■ 2. Section 284.12 is amended by this Final Rule impose requirements 20426. revising paragraphs (a)(1)(i) through (vi), only on interstate pipelines, the 27. From FERC’s Home Page on the adding paragraph (a)(1)(vii), and majority of which are not small Internet, this information is available on revising the introductory text of businesses. In this regard, we note that, eLibrary. The full text of this document paragraph (b) to read as follows: under the industry standards used for is available on eLibrary in PDF and the RFA, a natural gas pipeline Microsoft Word format for viewing, § 284.12 Standards for pipeline business operations and communications. company qualifies as a ‘‘small entity’’ if printing, and/or downloading. To access it had annual receipts of $ 6.5 million this document in eLibrary, type the (a) * * * 24 (1) * * * or less. Most companies regulated by docket number excluding the last three (i) Additional Standards (General 20 Regulations Implementing the National Standards, Creditworthiness Standards, defines a ‘‘small business concern’’ as a business Environmental Policy Act, Order No. 486, 52 FR which is independently owned and operated and and Gas/Electric Operational 47897 (Dec. 17, 1987), FERC Stats. & Regs. ¶ 30,783 which is not dominant in its field of operation. The Communications Standards) (Version (1987). Small Business Size Standards component of the 21 18 CFR 380.4 1.8, September 30, 2006); North American Industry Classification System (ii) Nominations Related Standards 22 5 U.S.C. 601–612. defines a small natural gas pipeline company as one 23 5 U.S.C. 601–604. that transports natural gas and whose annual (Version 1.8, September 30, 2006); 24 5 U.S.C. 601(3), citing section 3 of the Small receipts (total income plus cost of goods sold) did (iii) Flowing Gas Related Standards Business Act, 15 U.S.C. 623. Section 3 of the SBA not exceed $6.5 million for the previous year. (Version 1.8, September 30, 2006);

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(iv) Invoicing Related Standards ENVIRONMENTAL PROTECTION Branch, Air, Pesticides and Toxics (Version 1.8, September 30, 2006); AGENCY Management Division, U.S. (v) Quadrant Electronic Delivery Environmental Protection Agency, 40 CFR Part 55 Mechanism Related Standards (Version Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. EPA 1.8, September 30, 2006) with the [EPA–R04–OAR–2008–0681; FRL–8769–6] exception of Standard 4.3.4; requests that if at all possible, you Outer Continental Shelf Air contact the contact listed in the FOR (vi) Capacity Release Related FURTHER INFORMATION CONTACT section to Standards (Version 1.8, September 30, Regulations Consistency Update for North Carolina schedule your inspection. The Regional 2006 (with minor corrections applied Office’s official hours of business are December 13, 2006); and AGENCY: Environmental Protection Monday through Friday, 8:30 to 4:30, (vii) Internet Electronic Transport Agency (EPA). excluding Federal holidays. Related Standards (Version 1.8, ACTION: Final rule—consistency update. FOR FURTHER INFORMATION CONTACT: September 30, 2006) with the exception Sean Lakeman, Air Permits Section, Air of Standard 10.3.2. SUMMARY: EPA is finalizing the update Planning Branch, Air, Pesticides and * * * * * of the Outer Continental Shelf (OCS) Air Toxics Management Division, U.S. Regulations proposed in the Federal Environmental Protection Agency, (b) Business practices and electronic Register on November 5, 2008. communication requirements. An Region 4, 61 Forsyth Street, SW., Requirements applying to OCS sources Atlanta, Georgia 30303–8960. The interstate pipeline that transports gas located within 25 miles of states’ under subparts B or G of this part must telephone number is (404) 562–9043. seaward boundaries must be updated Mr. Lakeman can also be reached via comply with the following periodically to remain consistent with requirements. The regulations in this electronic mail at the requirements of the corresponding [email protected]. paragraph adopt the abbreviations and onshore area (COA), as mandated by the definitions contained in the North Clean Air Act (‘‘CAA’’ or ‘‘the Act’’). SUPPLEMENTARY INFORMATION: American Energy Standards Board The portion of the OCS air regulations Throughout this document whenever Wholesale Gas Quadrant standards that is being updated pertains to the ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean incorporated by reference in paragraph requirements for OCS sources for which EPA. The following outline is provided (a)(1) of this section. the State of North Carolina has been to aid in locating information in this * * * * * designated COA. The effect of approving preamble. Note: The following text will not appear in the OCS requirements for the State of I. Background and Purpose the Code of Federal Regulations. North Carolina is to regulate emissions II. EPA Action from OCS sources in accordance with III. Statutory and Executive Order Reviews United States of America the requirements onshore. The change I. Background and Purpose to the existing requirements discussed Federal Energy Regulatory Commission On November 5, 2008, EPA below will be incorporated by reference promulgated 40 CFR part 55, which Docket No. RM96–1–029. into the Code of Federal Regulations established requirements to control air Standards for Business Practices for (CFR) and is listed in the appendix to pollution from OCS sources in order to Interstate Natural Gas Pipelines the OCS air regulations. This action is attain and maintain federal and state an annual update of the North (Issued February 24, 2009.) ambient air quality standards and to Carolina’s OCS Air Regulations. These MOELLER, Commissioner, concurring: comply with the provisions of part C of rules include revisions to existing rules The American Gas Association (AGA), in title I of the Act. Part 55 applies to all that already apply to OCS sources. No its comments, contends that the NAESB OCS sources offshore of the states comments were received on the process takes too long to complete. Because except those located in the Gulf of of that, AGA urges the Commission to review November 5, 2008, proposal. its procedures and relationship with NAESB Mexico west of 87.5 degrees longitude. DATES: Effective Date: This rule is Section 328 of the Act requires that for with the goal of streamlining the process by effective on April 2, 2009. The which business practices standards are such sources located within 25 miles of developed, approved and incorporated into incorporation by reference of certain a state’s seaward boundary, the the Commission’s regulations. In particular, publications listed in this rule is requirements shall be the same as would AGA identifies delays that have occurred in approved by the Director of the Federal be applicable if the sources were located NAESB’s technical implementation as well as Register as of April 2, 2009. in the COA. Because the OCS in development and publication of standards. ADDRESSES: EPA has established docket requirements are based on onshore I recognize that some of the delay may be number EPA–R04–OAR–2008–0681 for requirements, and onshore requirements attributable to the Commission’s own this action. All documents in the docket processes and priorities; however, AGA has may change, section 328(a)(1) of the Act identified areas, such as technical are listed on the http:// requires that EPA update the OCS development, in which NAESB can improve www.regulations.gov Web site. Although requirements as necessary to maintain its procedures. I appreciate the Wholesale listed in the index, some information is consistency with onshore requirements. Gas Quadrant’s current efforts as referenced not publicly available, i.e., CBI or other Section 328(a) of the Act requires that in the final rule (as well as the dedication of information whose disclosure is EPA establish requirements to control NAESB staff) to improve its procedures, and restricted by statute. Certain other air pollution from OCS sources located I urge NAESB and its volunteers to continue material, such as copyrighted material, within 25 miles of states’ seaward its work to find and identify areas in which is not placed on the Internet and will be boundaries that are the same as onshore its processes can become more efficient and publicly available only in hard copy requirements. To comply with this timely. form. Publicly available docket statutory mandate, EPA must Philip D. Moeller, materials are available either incorporate applicable onshore rules Commissioner. electronically through http:// into part 55 as they exist onshore. This [FR Doc. E9–4295 Filed 3–2–09; 8:45 am] www.regulations.gov or in hard copy at process is distinct from the State BILLING CODE 6717–01–P the Air Permits Section, Air Planning Implementation Plan (SIP) process and

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incorporation of a rule into part 55 as Order 13132 (64 FR 43255, August 10, to respond to a collection of part of the OCS consistency update 1999); information; search data sources; process does not ensure such a rule (5) Is not an economically significant complete and review the collection of would be appropriate for inclusion into regulatory action based on health or information; and transmit or otherwise the SIP. EPA proposed approval of safety risks subject to Executive Order disclose the information. 13045 (62 FR 19885, April 23, 1997); North Carolina’s rules for OCS An agency may not conduct or consistency update on November 5, (6) Is not a significant regulatory action subject to Executive Order 13211 sponsor, and a person is not required to 2008 (73 FR 65804), and received no respond to, a collection of information comments. (66 FR 28355, May 22, 2001); (7) Is not subject to requirements of unless it displays a currently valid OMB II. EPA Action Section 12(d) of the National control number. The OMB control numbers for EPA’s regulations in 40 In this document, EPA takes final Technology Transfer and Advancement CFR are listed in 40 CFR part 9 and are action to incorporate the proposed Act of 1995 (15 U.S.C. 272 note) because changes into 40 CFR part 55. No application of those requirements would identified on the form and/or changes were made to the proposed be inconsistent with the CAA; and instrument, if applicable. In addition, action. EPA is approving the proposed (8) Does not provide EPA with the the table in 40 CFR part 9 of currently action under section 328(a)(1) of the discretionary authority to address, as approved OMB control numbers for Act. Section 328(a) of the Act requires appropriate, disproportionate human various regulations lists the regulatory that EPA establish requirements to health or environmental effects, using citations for the information control air pollution from OCS sources practicable and legally permissible requirements contained in 40 CFR part methods, under Executive Order 12898 located within 25 miles of states’ 55. (59 FR 7629, February 16, 1994). seaward boundaries that are the same as In addition, this rule does not have The Congressional Review Act, 5 onshore requirements. To comply with tribal implications as specified by U.S.C. 801 et seq., as added by the Small this statutory mandate, EPA must Executive Order 13175 (65 FR 67249, Business Regulatory Enforcement incorporate applicable onshore rules November 9, 2000), because it does not Fairness Act of 1996, generally provides into part 55 as they exist onshore. have a substantial direct effect on one or that before a rule may take effect, the III. Statutory and Executive Order more Indian tribes, on the relationship agency promulgating the rule must Reviews between the Federal Government and submit a rule report, which includes a Indian tribes, or on the distribution of copy of the rule, to each House of the Under the CAA, the Administrator is power and responsibilities between the Congress and to the Comptroller General required to establish requirements to Federal Government and Indian tribes, of the United States. EPA will submit a control air pollution from OCS sources nor does it impose substantial direct report containing this action and other located within 25 miles of States’ compliance costs on tribal governments, required information to the U.S. Senate, seaward boundaries that are the same as nor preempt tribal law. the U.S. House of Representatives, and onshore air control requirements. To Under the provisions of the the Comptroller General of the United comply with this statutory mandate, Paperwork Reduction Act, 44 U.S.C. States prior to publication of the rule in EPA must incorporate applicable 3501 et seq., OMB has approved the the Federal Register. A major rule onshore rules into part 55 as they exist information collection requirements cannot take effect until 60 days after it onshore. 42 U.S.C. 7627(a)(1); 40 CFR contained in 40 CFR part 55 and, by is published in the Federal Register. 55.12. Thus, in promulgating OCS extension, this update to the rules, and This action is not a ‘‘major rule’’ as consistency updates, EPA’s role is to has assigned OMB control number defined by 5 U.S.C. 804(2). maintain consistency between OCS 2060–0249. Notice of OMB’s approval of Under section 307(b)(1) of the CAA, regulations and the regulations of EPA Information Collection Request petitions for judicial review of this onshore areas, provided that they meet (‘‘ICR’’) No. 1601.06 was published in action must be filed in the United States the criteria of the CAA. Accordingly, the Federal Register on March 1, 2006 Court of Appeals for the appropriate this action simply updates the existing (71 FR 10499–10500). The approval circuit by May 4, 2009. Filing a petition OCS requirements to make them expires January 31, 2009. As EPA for reconsideration by the Administrator consistent with requirements onshore, previously indicated (70 FR 65897– of this final rule does not affect the without the exercise of any policy 65898 (November 1, 2005)), the annual finality of this action for the purposes of discretion by EPA. For that reason, this public reporting and recordkeeping action: burden for collection of information judicial review nor does it extend the (1) Is not a ‘‘significant regulatory under 40 CFR part 55 is estimated to time within which a petition for judicial action’’ subject to review by the Office average 549 hours per response. Burden review may be filed, and shall not of Management and Budget (OMB) means the total time, effort, or financial postpone the effectiveness of such rule under Executive Order 12866 (58 FR resources expended by persons to or action. This action may not be 51735, October 4, 1993); generate, maintain, retain, or disclose or challenged later in proceedings to (2) Is certified as not having a provide information to or for a Federal enforce its requirements. (See section significant economic impact on a agency. This includes the time needed 307(b)(2).) substantial number of small entities to review instructions; develop, acquire, List of Subjects in 40 CFR Part 55 under the Regulatory Flexibility Act (5 install, and utilize technology and U.S.C. 601 et seq.); systems for the purposes of collecting, Environmental protection, (3) Does not contain any unfunded validating, and verifying information, Administrative practice and procedure, mandate or significantly or uniquely processing and maintaining Air pollution control, Continental Shelf, affect small governments, as described information, and disclosing and Incorporation by reference, in the Unfunded Mandates Reform Act providing information; adjust the Intergovernmental relations, Nitrogen of 1995 (Pub. L. 104–4); existing ways to comply with any dioxide, Ozone, Particulate matter, (4) Does not have Federalism previously applicable instructions and Reporting and recordkeeping implications as specified in Executive requirements; train personnel to be able requirements, Sulfur oxides.

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Dated: January 20, 2009. 2D.0306 Emission reduction plan: Warning 2D.0531 Sources in nonattainment areas A. Stanley Meiburg, Level (Effective 07/01/1984) (Effective 05/01/2008) 2D.0307 Emission reduction plan: Acting Regional Administrator, Region 4. 2D.0532 Sources contributing to an ambient Emergency Level (Effective 07/01/1984) violation (Effective (07/01/1994) ■ Accordingly, 40 CFR part 55 is 2D.0533 Stack height (Effective 07/01/1994) SECTION .0400—AMBIENT AIR QUALITY amended as follows: 2D.0534 Fluoride emissions from STANDARDS phosphate fertilizer industry (Effective 11/ PART 55—[AMENDED] 2D.0401 Purpose (Effective 12/01/1992) 01/1982) 2D.0402 Sulfur oxides (Effective 07/01/ ■ 2D.0535 Excess emissions reporting and 1. The authority citation for part 55 1984) malfunctions (Effective 06/01/2008) continues to read as follows: 2D.0403 Total suspended particulates 2D.0536 Particulate emissions from electric Authority: Section 328 of the Act (42 (Effective 07/01/1988) utility boilers (Effective 06/10/2008) U.S.C. 7401, et seq.) as amended by Public 2D.0404 Carbon monoxide (Effective 10/01/ 2D.0537 Control of mercury emissions Law 101–549. 1989) (Effective 07/01/1996) 2D.0405 Ozone (Effective 04/01/1999) ■ 2D.0538 Control of ethylene oxide 2. Section 55.14 is amended by 2D.0407 Nitrogen dioxide (Effective 10/01/ revising paragraph (e)(17)(i)(A) to read emissions (Effective 06/01/2004) 1989) 2D.0539 Odor control of feed ingredient as follows: 2D.0408 Lead (Effective 07/01/1984) manufacturing plants (Effective 04/01/ 2D.0409 PM10 particulate matter (Effective 2001) § 55.14 Requirements that apply to OCS 04/01/1999) 2D.0540 Particulates from fugitive dust sources located within 25 miles of States’ 2D.0410 PM2.5 particulate matter (Effective emission sources (Effective 08/01/2007) seaward boundaries, by State. 04/01/1999) 2D.0541 Control of emissions from abrasive * * * * * SECTION .0500—EMISSION CONTROL blasting (Effective 07/01/2000) (e) * * * STANDARDS 2D.0542 Control of particulate emissions (17) * * * from cotton ginning operations (Effective (i) * * * 2D.0501 Compliance with emission control standards (Effective 06/01/2008) 06/01/2008) (A) State of North Carolina Air 2D.0543 Best Available Retrofit Technology Pollution Control Requirements 2D.0502 Purpose (Effective 06/01/1981) 2D.0503 Particulates from fuel burning (Effective 05/01/2007) Applicable to OCS Sources, January 2, indirect heat exchangers (Effective 04/01/ 2008. SECTION .0600—MONITORING: 1999) RECORDKEEPING: REPORTING * * * * * 2D.0504 Particulates from wood burning 2D.0601 Purpose and scope (Effective 04/ ■ 3. Appendix A to part 55 is amended indirect heat exchangers (Effective 08/01/ 2002) 01/1999) by revising paragraph (a)(1) under the 2D.0602 Definitions (Effective 04/01/1999) heading ‘‘North Carolina’’ to read as 2D.0506 Particulates from hot mix asphalt plants (Effective 08/01/2004) 2D.0604 Exceptions to monitoring and follows: 2D.0507 Particulates from chemical reporting requirements (Effective 04/01/ fertilizer manufacturing plants (Effective 1999) Appendix A to Part 55—Listing of State 2D.0605 General recordkeeping and and Local Requirements Incorporated 04/01/2003) 2D.0508 Particulates from pulp and paper reporting requirements (Effective 01/01/ by Reference Into Part 55, By State mills (Effective 07/10/1998) 2007) * * * * * 2D.0509 Particulates from MICA or 2D.0606 Sources covered by appendix P of FELDSPAR processing plants (Effective 04/ 40 CFR part 51 (Effective 06/01/2008) North Carolina 01/2003) 2D.0607 Large wood and wood-fossil fuel (a) State requirements. 2D.0510 Particulates from sand, gravel, or combination units (Effective 07/01/1999) (1) The following requirements are crushed stone operations (Effective 07/01/ 2D.0608 Other large coal or residual oil contained in State of North Carolina Air 1998) burners (Effective 06/01/2008) Pollution Control Requirements Applicable to 2D.0511 Particulates from lightweight 2D.0610 Federal monitoring requirements OCS Sources, January 2, 2008: The following aggregate processes (Effective 07/01/1998) (Effective 04/01/1999) sections of subchapter 2D, 2H and 2Q. 2D.0512 Particulates from wood products 2D.0611 Monitoring emissions from other finishing plants (Effective 01/01/1985) sources (Effective 04/01/1999) 15A NCAC SUBCHAPTER 2D—AIR 2D.0513 Particulates from portland cement 2D.0612 Alternative monitoring and POLLUTION CONTROL REQUIREMENTS plants (Effective 07/01/1998) reporting procedures (Effective 04/01/ SECTION .0100—DEFINITIONS AND 2D.0514 Particulates from ferrous jobbing 1999) REFERENCES foundries (Effective 07/01/1998) 2D.0613 Quality assurance program (Effective 04/01/1999) 2D.0101 Definitions (Effective 12/01/2005) 2D.0515 Particulates from miscellaneous 2D.0614 Compliance assurance monitoring 2D.0104 Incorporation by reference industrial processes (Effective 04/01/2003) (Effective 07/01/1998) 2D.0516 Sulfur dioxide emissions from (Effective 04/01/1999) combustion sources (Effective 07/01/2007) 2D.0615 Delegation (Effective 04/01/1999) SECTION .0200—AIR POLLUTION 2D.0517 Emissions from plants producing SECTION .0900—VOLATILE ORGANIC SOURCES sulfuric acid (Effective 01/01/1985) COMPOUNDS 2D.0201 Classification of air pollution 2D.0519 Control of nitrogen dioxide and sources (Effective 07/01/1984) nitrogen oxides emissions (Effective 07/01/ 2D.0901 Definitions (Effective 06/01/2008) 2D.0202 Registration of air pollution 2007) 2D.0902 Applicability (Effective 07/01/ sources (Effective 07/01/1998) 2D.0521 Control of visible emissions 2007) (Effective 07/01/2007) 2D.0903 Recordkeeping: reporting: SECTION .0300—AIR POLLUTION 2D.0524 New Source Performance monitoring (Effective 04/01/1999) EMERGENCIES Standards (Effective 07/01/2007) 2D.0906 Circumvention (Effective 01/01/ 2D.0301 Purpose (Effective 02/01/1976) 2D.0527 Emissions from spodumene ore 1985) 2D.0302 Episode criteria (Effective 07/01/ roasting (Effective 01/01/1985) 2D.0909 Compliance schedules for sources 1998) 2D.0528 Total reduced sulfur from kraft in nonattainment areas (Effective 07/01/ 2D.0303 Emission reduction plans pulp mills (Effective 07/01/1988) 2007) (Effective 07/01/1984) 2D.0529 Fluoride emissions from primary 2D.0912 General provisions on test methods 2D.0304 Preplanned abatement program aluminum reduction plants (Effective 06/ and procedures (Effective 06/01/2008) (Effective 07/01/1998) 01/2008) 2D.0917 Automobile and light-duty truck 2D.0305 Emission reduction plan: Alert 2D.0530 Prevention of significant manufacturing (Effective 07/01/1996) Level (Effective 07/01/1984) deterioration (Effective 05/01/2008) 2D.0918 Can coating (Effective 07/01/1996)

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2D.0919 Coil coating (Effective 07/01/1996) 2D.1102 Applicability (Effective 07/01/ 2D.1411 Seasonal fuel switching (Effective 2D.0920 Paper coating (Effective 07/01/ 1998) 06/01/2008) 1996) 2D.1103 Definition (Effective 04/01/2001) 2D.1412 Petition for alternative limitations 2D.0921 Fabric and vinyl coating (Effective 2D.1104 Toxic air pollutant guidelines (Effective 06/01/2008) 07/01/1996) (Effective 06/01/2008) 2D.1413 Sources not otherwise listed in this 2D.0922 Metal furniture coating (Effective 2D.1105 Facility reporting, recordkeeping section (Effective 07/18/2002) 07/01/1996) (Effective 04/01/1999) 2D.1414 Tune-up requirements (Effective 2D.0923 Surface coating of large appliances 2D.1106 Determination of ambient air 07/18/2002) (Effective 07/01/1996) concentration (Effective 07/01/1998) 2D.1415 Test methods and procedures 2D.0924 Magnet wire coating (Effective 07/ 2D.1107 Multiple facilities (Effective 07/01/ (Effective 07/18/2002) 01/1996) 1998) 2D.1416 Emission allocations for utility 2D.0925 Petroleum liquid storage in fixed 2D.1108 Multiple pollutants (Effective 05/ companies (Effective 06/01/2004) roof tanks (03/01/1991) 01/1990) 2D.1417 Emission allocations for large 2D.0926 Bulk gasoline plants (Effective 07/ 2D.1109 112(j) case-by-case maximum combustion sources (Effective 06/01/2004) 01/1996) achievable control technology (Effective 2D.1418 New electric generating units, large 2D.0927 Bulk gasoline terminals (Effective 02/01/2004) boilers, and large I/C engines (Effective 06/ 01/01/2007) 2D.1110 National Emission Standards for 01/2004) 2D.0928 Gasoline service stations stage I Hazardous Air Pollutants (Effective 06/01/ 2D.1419 Nitrogen oxide budget trading (Effective 07/01/1996) 2008) program (Effective 06/01/2004) 2D.0930 Solvent metal cleaning (Effective 2D.1111 Maximum Achievable Control 2D.1420 Periodic review and reallocations 03/01/1991) Technology (Effective 01/01/2007) (Effective 07/18/2002) 2D.0931 Cutback asphalt (Effective 12/01/ 2D.1112 112(g) case by case maximum 2D.1421 Allocations for new growth of 1989) achievable control technology (Effective major point sources (Effective 07/18/2002) 2D.0932 Gasoline truck tanks and vapor 07/01/1998) 2D.1422 Compliance supplement pool credits (Effective 06/01/2004) collection systems (Effective 08/01/2008) SECTION .1200—CONTROL OF EMISSIONS 2D.1423 Large internal combustion engines 2D.0933 Petroleum liquid storage in FROM INCINERATORS external floating roof tanks (Effective 06/ (Effective 07/18/2002) 2D.1201 Purpose and scope (Effective 07/ 01/2004) SECTION .1600—GENERAL CONFORMITY 2D.0934 Coating of miscellaneous metal 01/2007) parts and products (Effective 07/01/1996) 2D.1202 Definitions (Effective 07/01/2007) 2D.1601 Purpose, scope and applicability 2D.0935 Factory surface coating of flat 2D.1203 Hazardous waste incinerators (Effective 04/01/1999) wood paneling (Effective 07/01/1996) (Effective 06/01/2008) 2D.1602 Definitions (Effective 04/01/1995) 2D.0936 Graphic arts (Effective 12/01/1993) 2D.1204 Sewage sludge and sludge 2D.1603 General conformity determination incinerators (Effective 06/01/2008) 2D.0937 Manufacture of pneumatic rubber (Effective 07/01/1998) 2D.1205 Municipal waste combustors tires (Effective 07/01/1996) (Effective 04/01/2004) SECTION .1900—OPEN BURNING 2D.0943 Synthetic organic chemical and 2D.1206 Hospital, medical, and infectious 2D.1901 Open burning: Purpose: Scope polymer manufacturing (Effective 06/01/ waste incinerators (Effective 06/01/2008) (Effective 07/01/2007) 2008) 2D.1207 Conical incinerators (Effective 07/ 2D.1902 Definitions (Effective 07/01/2007) 2D.0944 Manufacture of polyethylene: 01/2000) 2D.1903 Open burning without an air polypropylene and polystyrene (Effective 2D.1208 Other incinerators (Effective 08/ quality permit (Effective 07/01/2007) 05/01/1985) 01/2008) 2D.1904 Air curtain burners (Effective 07/ 2D.0945 Petroleum dry cleaning (Effective 2D.1210 Commercial and industrial solid 01/2007) 06/01/2008) waste incineration units (Effective 06/01/ 2D.1905 Regional office locations (Effective 2D.0947 Manufacture of synthesized 2008) 12/01/2005) pharmaceutical products (Effective 07/01/ 2D.1211 Other solid waste incineration 2D.1906 Delegation to county governments 1994) units (Effective 07/01/2007) (Effective 12/01/2005) 2D.0948 VOC emissions from transfer 2D.1907 Multiple violations arising from a operations (Effective 07/01/2000) SECTION .1300—OXYGENATED single episode (Effective 07/01/2007) 2D.0949 Storage of miscellaneous volatile GASOLINE STANDARD organic compounds (Effective 07/01/2000) 2D.1301 Purpose (Effective 09/01/1996) SECTION .2000—TRANSPORTATION 2D.0951 Miscellaneous volatile organic 2D.1302 Applicability (Effective 09/01/ CONFORMITY compound emissions (Effective 07/01/ 1996) 2D.2001 Purpose, scope and applicability 2000) 2D.1303 Definitions (Effective 09/01/1992) (Effective 12/01/2005) 2D.0952 Petition for alternative controls for 2D.1304 Oxygen content standard (Effective 2D.2002 Definitions (Effective 04/01/1999) RACT (Effective 04/01/2003) 09/01/1996) 2D.2003 Transportation conformity 2D.0953 Vapor return piping for stage II 2D.1305 Measurement and enforcement determination (Effective 04/01/1999) vapor recovery (Effective 07/01/1998) (Effective 07/01/1998) 2D.2004 Determining transportation-related 2D.0954 Stage II vapor recovery (Effective emissions (Effective 04/01/1999) 04/01/2003) SECTION .1400—NITROGEN OXIDES 2D.2005 Memorandum of agreement 2D.0955 Thread bonding manufacturing 2D.1401 Definitions (Effective 07/18/2002) (Effective 04/01/1999) (Effective 05/01/1995) 2D.1402 Applicability (Effective 06/01/ 2D.0956 Glass Christmas ornament 2008) SECTION .2100—RISK MANAGEMENT manufacturing (Effective 05/01/1995) 2D.1403 Compliance schedules (Effective PROGRAM 2D.0957 Commercial bakeries (Effective 05/ 07/01/2007) 2D.2101 Applicability (Effective 07/01/ 01/1995) 2D.1404 Recordkeeping: Reporting: 2000) 2D.0958 Work practices for sources of Monitoring: (Effective 12/01/2005) 2D.2102 Definitions (Effective 07/01/2000) volatile organic compounds (Effective 07/ 2D.1405 Circumvention (Effective 04/01/ 2D.2103 Requirements (Effective 07/01/ 01/2000) 1995) 2000) 2D.0959 Petition for superior alternative 2D.1407 Boilers and indirect-fired process 2D.2104 Implementation (Effective 07/01/ controls (Effective 04/01/2003) heaters (Effective 06/01/2008) 2000) 2D.0960 Certification of leak tightness tester 2D.1408 Stationary combustion turbines (Effective 07/01/2007) (Effective 06/01/2008) SECTION .2200—SPECIAL ORDERS 2D.1409 Stationary internal combustion 2D.2201 Purpose (Effective 04/01/2004) SECTION .1100—CONTROL OF TOXIC AIR engines (Effective 06/01/2008) 2D.2202 Definitions (Effective 04/01/2004) POLLUTANTS 2D.1410 Emissions averaging (Effective 07/ 2D.2203 Public notice (Effective 04/01/ 2D.1101 Purpose (Effective 05/01/1990) 18/2002) 2004)

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2D.2204 Final action on consent orders 2D.2511 Mercury emission limits (Effective SECTION .0200—PERMIT FEES (Effective 04/01/2004) 01/01/2007) 2Q.0201 Applicability (Effective 07/01/ 2D.2205 Notification of right to contest SECTION .2600—SOURCE TESTING 1998) special orders issued without (Effective 04/ 2Q.0202 Definitions (Effective 04/01/2004) 01/2004) 2D.2601 Purpose and scope (Effective 06/ 2Q.0203 Permit and application fees 01/2008) (Effective 03/01/2008) SECTION .2300—BANKING EMISSION 2D.2602 General provisions on test methods REDUCTION CREDITS 2Q.0204 Inflation adjustment (Effective 03/ and procedures (Effective 07/01/2008) 01/2008) 2D.2301 Purpose (Effective 12/01/2005) 2D.2603 Testing protocol (Effective 07/01/ 2Q.0205 Other adjustments (Effective 07/ 2D.2302 Definitions (Effective 12/01/2005) 2008) 01/1994) 2D.2303 Applicability and eligibility 2D.2604 Number of test points (Effective 2Q.0206 Payment of fees (Effective 07/01/ (Effective 07/01/2007) 06/01/2008) 1994) 2D.2304 Qualification of emission 2D.2605 Velocity and volume flow rate 2Q.0207 Annual emissions reporting reduction credits (Effective 12/01/2005) (Effective 06/01/2008) (Effective 07/01/2007) 2D.2305 Creating and banking emission 2D.2606 Molecular weight (Effective 06/01/ reduction credits (Effective 12/01/2005) 2008) SECTION .0300—CONSTRUCTION AND 2D.2306 Duration of emission reduction 2D.2607 Determination of moisture content OPERATION PERMITS credits (Effective 12/01/2005) (Effective 06/01/2008) 2Q.0301 Applicability (Effective 12/01/ 2D.2307 Use of emission reduction credits 2D.2608 Number of runs and compliance 2005) (Effective 12/01/2005) determination (Effective 06/01/2008) 2Q.0302 Facilities not likely to contravene 2D.2308 Certificates and registry (Effective 2D.2609 Particulate testing methods demonstration (Effective 07/01/1998) 12/01/2005) (Effective 06/01/2008) 2Q.0303 Definitions (Effective 07/01/1994) 2D.2309 Transferring emission reduction 2D.2610 Opacity (Effective 06/01/2008) 2Q.0304 Applications (Effective 12/01/ credits (Effective 12/01/2005) 2D.2611 Sulfur dioxide testing methods 2005) 2D.2310 Revocation and changes of (Effective 06/01/2008) 2Q.0305 Application submittal content emission reduction credits (Effective 12/ 2D.2612 Nitrogen oxide testing methods (Effective 12/01/2005) 01/2005) (Effective 06/01/2008) 2Q.0306 Permits requiring public 2D.2311 Monitoring (Effective 12/01/2005) 2D.2613 Volatile organic compound testing participation (Effective 07/01/2007) methods (Effective 06/01/2008) SECTION .2400—CLEAN AIR INTERSTATE 2Q.0307 Public participation procedures 2D.2614 Determination of voc emission RULES (Effective 07/01/1998) control system efficiency (Effective 06/01/ 2Q.0308 Final action on permit 2D.2401 Purpose and applicability 2008) applications (Effective 07/01/1994) (Effective 05/01/2008) 2D.2615 Determination of leak tightness 2Q.0309 Termination, modification and 2D.2402 Definitions (Effective 05/01/2008) and vapor leaks (Effective 06/01/2008) revocation of permits (Effective 07/01/ 2D.2403 Nitrogen oxide emissions 2D.2616 Fluorides (Effective 06/01/2008) 1999) (Effective 05/01/2008) 2D.2617 Total reduced sulfur (Effective 06/ 2Q.0310 Permitting of numerous similar 2D.2404 Sulfur dioxide (Effective 05/01/ 01/2008) facilities (Effective 07/01/1994) 2008) 2D.2618 Mercury (Effective 06/01/2008) 2Q.0311 Permitting of facilities at multiple 2D.2405 Nitrogen oxide emissions during 2D.2619 Arsenic, beryllium, cadmium, temporary sites (Effective 07/01/1996) ozone season (Effective 05/01/2008) hexavalent chromium (Effective 06/01/ 2Q.0312 Application processing schedule 2D.2406 Permitting (Effective 07/01/2006) 2008) (Effective 07/01/1998) 2D.2407 Monitoring, reporting, and 2D.2620 Dioxins and furans (Effective 06/ 2Q.0313 Expedited application processing recordkeeping (Effective 05/01/2008) 01/2008) schedule (Effective 07/01/1998) 2D.2408 Trading program and banking 2D.2621 Determination of fuel heat content 2Q.0314 General permit requirements (Effective 07/01/2006) using f-factor (Effective 06/01/2008) (Effective 07/01/1999) 2D.2409 Designated representative 2Q.0315 Synthetic minor facilities (Effective 05/01/2008) SUBCHAPTER 02Q—AIR QUALITY (Effective 07/01/1999) 2D.2410 Computation of time (Effective 07/ PERMITS PROCEDURES 2Q.0316 Administrative permit 01/2006) SECTION .0100—GENERAL PROVISIONS amendments (Effective 04/01/2001) 2D.2411 Opt-in provisions (Effective 07/01/ 2Q.0317 Avoidance conditions (Effective 2006) 2Q.0101 Required air quality permits 04/01/2001) 2D.2412 New unit growth (Effective 05/01/ (Effective 12/01/2005) 2Q.0401 Purpose and applicability 2008) 2Q.0102 Activities exempted from permit (Effective 04/01/2001) 2D.2413 Periodic review and reallocations requirements (Effective 07/01/2007) 2Q.0402 Acid rain permitting procedures (Effective 07/01/2006) 2Q.0103 Definitions (Effective 12/01/2005) (Effective 04/01/1999) 2Q.0104 Where to obtain and file permit SECTION .2500—MERCURY RULES FOR applications (Effective 08/01/2002) SECTION .0500—TITLE V PROCEDURES ELECTRIC GENERATORS 2Q.0105 Copies of referenced documents 2Q.0501 Purpose of section and 2D.2501 Purpose and applicability (Effective 12/01/2005) requirement for a permit (Effective 07/01/ (Effective 01/01/2007) 2Q.0106 Incorporation by reference 1998) 2D.2502 Definitions (Effective 01/01/2007) (Effective 07/01/1994) 2Q.0502 Applicability (Effective 07/01/ 2D.2503 Mercury emission (Effective 01/01/ 2Q.0107 Confidential information (Effective 2000) 2007) 04/01/1999) 2Q.0503 Definitions (Effective 01/01/2007) 2D.2504 Permitting (Effective 01/01/2007) 2Q.0108 Delegation of authority (Effective 2Q.0504 Option for obtaining construction 2D.2505 Monitoring, Reporting, and 07/01/1998) and operation permit (Effective 07/01/ Recordkeeping (Effective 01/01/2007) 2Q.0109 Compliance schedule for 1994) 2D.2506 Designated representative previously exempted activities (Effective 2Q.0505 Application submittal content (Effective 01/01/2007) 04/01/2001) (Effective 04/01/2004) 2D.2507 Computation of time time periods 2Q.0110 Retention of permit at permitted 2Q.0507 Application (Effective 04/01/2004) shall be determined as described in 40 CFR facility (Effective 07/01/1994) 2Q.0508 Permit content (Effective 08/01/ 60.4107 (Effective 01/01/2007) 2Q.0111 Applicability determinations 2008) 2D.2508 New source growth (Effective 01/ (Effective 07/01/1994) 2Q.0509 Permitting of numerous similar 01/2007) 2Q.0112 Applications requiring facilities (Effective 07/01/1994) 2D.2509 Periodic review and reallocations professional engineer seal (Effective 02/01/ 2Q.0510 Permitting of facilities at multiple (Effective 01/01/2007) 1995) temporary sites (Effective 07/01/1994) 2D.2510 Trading program and banking 2Q.0113 Notification in areas without 2Q.0512 Permit shield and application (Effective 01/01/2007) zoning (Effective 04/01/2004) shield (Effective 07/01/1997)

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2Q.0513 Permit renewal and expiration 2Q.0713 Pollutants with otherwise Locator Service responses to authorized (Effective 07/01/1994) applicable federal standards or location requests, State IV–D program 2Q.0514 Administrative permit requirements (Effective 07/01/1998) safeguarding of confidential amendments (Effective 01/01/2007) SECTION .0800—EXCLUSIONARY RULES information, authorized disclosures of 2Q.0515 Minor permit modifications (Effective 07/01/1997) 2Q.0801 Purpose and scope (Effective 04/ this information, and restrictions on the 2Q.0516 Significant permit modification 01/1999) use of confidential data and information (Effective 07/01/1994) 2Q.0802 Gasoline service stations and for child support purposes with 2Q.0517 Reopening for cause (Effective 07/ dispensing facilities (Effective 08/01/1995) exceptions for certain disclosures 01/1997) 2Q.0803 Coating, solvent cleaning, graphic permitted by statute. The Department is 2Q.0518 Final action (Effective 02/01/1995) arts operations (Effective 04/01/2001) considering a temporary 60-day delay in 2Q.0519 Termination, modification, 2Q.0804 Dry cleaning facilities (Effective effective date to allow Department revocation of permits (Effective 07/01/ 08/01/1995) 2Q.0805 Grain elevators (Effective 04/01/ officials the opportunity for further 1994) review and consideration of new 2Q.0520 Certification by responsible official 2001) (Effective 07/01/1994) 2Q.0806 Cotton gins (Effective 06/01/2004) regulations, consistent with the Chief of 2Q.0521 Public participation (Effective 07/ 2Q.0807 Emergency generators (Effective Staff’s memorandum of January 20, 01/1998) 04/01/2001) 2009. 2Q.0522 Review by EPA and affected states 2Q.0808 Peak shaving generators (Effective The Department solicits comments (Effective 07/01/1994) 12/01/2005) specifically on the contemplated delay 2Q.0523 Changes not requiring permit 2Q.0809 Concrete batch plants (Effective in effective date. revisions (Effective 06/01/2008) 06/01/2004) 2Q.0810 Air curtain burners (Effective 12/ DATES: Comments must be received on 2Q.0524 Ownership change (Effective 07/ or before March 12, 2009. 01/1994) 01/2005) ADDRESSES: You may submit comments 2Q.0525 Application processing schedule SECTION .0900—PERMIT EXEMPTIONS (Effective 07/01/1998) by any of the following methods: 2Q.0901 Purpose and scope (Effective 01/ • 2Q.0526 112(j) case-by-case MACT Federal eRulemaking Portal: http:// 01/2005) procedures (Effective 02/01/2004) www.regulations.gov. Follow the 2Q.0902 Portable crushers (Effective 01/01/ 2Q.0527 Expedited application processing instructions for submitting comments. 2005) schedule (Effective 07/01/1998) • Mail: Interested persons are invited 2Q.0903 Emergency generators (Effective 2Q.0528 112(g) case-by-case MACTt 06/01/2008) to submit written comments via regular procedures (Effective 07/01/1998) postal mail to: Office of Child Support * * * * * SECTION .0600—TRANSPORTATION Enforcement, Administration for [FR Doc. E9–4131 Filed 3–2–09; 8:45 am] FACILITY PROCEDURES Children and Families, 370 L’Enfant BILLING CODE 6560–50–P 2Q.0601 Purpose of section and Promenade, SW., 4th floor, Washington, requirement for a permit (Effective 07/01/ DC 20447, Attention: Division of Policy; 1994) Mail Stop: ACF/OCSE/DP. 2Q.0602 Definitions (Effective 07/01/1994) DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: 2Q.0603 Applications (Effective 02/01/ HUMAN SERVICES Yvette Riddick, Office of Child Support 2005) Enforcement, Division of Policy, (202) Administration for Children and 2Q.0604 Public participation (Effective 07/ 401–4885. 01/1994) Families 2Q.0605 Final action on permit Dated: February 26, 2009. applications (Effective 02/01/2005) 45 CFR Parts 302, 303 and 307 Charles E. Johnson, 2Q.0606 Termination, modification and Acting Secretary. revocation of permits (Effective 07/01/ RIN 0970–AC01 [FR Doc. E9–4527 Filed 2–27–09; 4:15 pm] 1994) 2Q.0607 Application processing schedule State Parent Locator Service; BILLING CODE 4184–01–P (Effective 07/01/1998) Safeguarding Child Support Information: Proposed Delay of SECTION .0700—TOXIC AIR POLLUTANT PROCEDURES Effective Date FEDERAL COMMUNICATIONS COMMISSION 2Q.0701 Applicability (Effective 02/01/ AGENCY: Office of Child Support 2005) Enforcement (OCSE), Administration for 47 CFR Part 73 2Q.0702 Exemptions (Effective 04/01/2005) Children and Families (ACF), 2Q.0703 Definitions (Effective 04/01/2001) Department of Heath and Human [DA 09–411; MB Docket No. 08–122; RM– 11440] 2Q.0704 New facilities (Effective 07/01/ Services 1998) 2Q.0705 Existing facilities and sic calls ACTION: Proposed delay of effective date. Television Broadcasting Services; (Effective 07/01/1998) Indianapolis, IN SUMMARY: 2Q.0706 Modifications (Effective 12/01/ In accordance with the 2005) memorandum of January 20, 2009, from AGENCY: Federal Communications 2Q.0707 Previously permitted facilities the Assistant to the President and Chief Commission. (Effective 07/01/1998) of Staff, entitled ‘‘Regulatory Review,’’ ACTION: Final rule. 2Q.0708 Compliance schedule for published in the Federal Register on previously unknown toxic air pollutant January 26, 2009, the Department is SUMMARY: The Commission grants a emissions (Effective 07/01/1998) seeking public comment on a petition for rulemaking filed by LeSEA 2Q.0709 Demonstrations (Effective 02/01/ contemplated delay of 60 days in the Broadcasting of Indianapolis, Inc., the 2005) effective date of the rule entitled ‘‘State licensee of station WHMB–DT, to 2Q.0710 Public notice and opportunity for substitute DTV channel 20 for its public hearing (Effective 07/01/1998) Parent Locator Service; Safeguarding 2Q.0711 Emission rates requiring a permit Child Support Information,’’ published assigned post-transition DTV channel 16 (Effective 06/01/2008) in the Federal Register on September at Indianapolis, Indiana. 2Q.0712 Calls by the director (Effective 07/ 26, 2008 [73 FR 56422]. That rule DATES: This rule is effective April 2, 01/1998) addresses requirements for State Parent 2009.

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FOR FURTHER INFORMATION CONTACT: under Indiana, is amended by adding following methods. Do not submit the Joyce L. Bernstein, Media Bureau, (202) DTV channel 20 and removing DTV same comments by more than one 418–1600. channel 16 at Indianapolis. method. The Federal eRulemaking SUPPLEMENTARY INFORMATION: This is a Federal Communications Commission. portal is the preferred method for synopsis of the Commission’s Report Clay C. Pendarvis, submitting comments, and we urge you and Order, MB Docket No. 08–122, to use it. Associate Chief, Video Division, Media Federal eRulemaking Portal: Go to adopted February 19, 2009, and released Bureau. February 20, 2009. The full text of this http://www.regulations.gov. Follow the [FR Doc. E9–4490 Filed 3–2–09; 8:45 am] document is available for public online instructions for submitting inspection and copying during normal BILLING CODE 6712–01–P comments. In the Comment or business hours in the FCC’s Reference Submission section, type Docket ID Information Center at Portals II, CY– Number ‘‘FMCSA–2008–0235’’, select A257, 445 12th Street, SW., DEPARTMENT OF TRANSPORTATION ‘‘Go’’, and then click on ‘‘Send a Washington, DC 20554. This document Comment or Submission.’’ You will Federal Motor Carrier Safety will also be available via ECFS (http:// receive a tracking number when you Administration www.fcc.gov/cgb/ecfs/). (Documents submit a comment. will be available electronically in ASCII, Telefax: 1–202–493–2251. 49 CFR Parts 356, 365, and 374 Word 97, and/or Adobe Acrobat.) This Mail, Courier, or Hand-Deliver: document may be purchased from the [Docket No. FMCSA–2008–0235] Docket Management Facility; U.S. Commission’s duplicating contractor, Department of Transportation, Room RIN 2126–AB16 Best Copy and Printing, Inc., 445 12th W12–140, 1200 New Jersey Avenue, SE., Street, SW., Room CY–B402, Elimination of Route Designation Washington, DC 20590–0001. Office Washington, DC 20554, telephone 1– Requirement for Motor Carriers hours are between 9 a.m. and 5 p.m., 800–478–3160 or via e-mail http:// Transporting Passengers Over Regular e.t., Monday through Friday, except www.BCPIWEB.com. To request this Routes: Proposed Delay in Effective Federal holidays. document in accessible formats Date Privacy Act: Regardless of the method (computer diskettes, large print, audio used for submitting comments, all recording, and Braille), send an e-mail AGENCY: Federal Motor Carrier Safety comments will be posted without to [email protected] or call the Administration (FMCSA), DOT. change to the Federal Docket Commission’s Consumer and ACTION: Proposed delay in effective date. Management System (FDMS) at http:// Governmental Affairs Bureau at (202) www.regulations.gov. Anyone can 418–0530 (voice), (202) 418–0432 SUMMARY: In accordance with the search the electronic form of all our (TTY). This document does not contain memorandum of January 20, 2009, from dockets in FDMS, by the name of the information collection requirements the Assistant to the President and Chief individual submitting the comment (or subject to the Paperwork Reduction Act of Staff, entitled ‘‘Regulatory Review,’’ signing the comment, if submitted on of 1995, Public Law 104–13. In addition, published in the Federal Register on behalf of an association, business, labor therefore, it does not contain any January 26, 2009, FMCSA is seeking union, etc.). DOT’s complete Privacy information collection burden ‘‘for public comment on a contemplated Act Statement was published in the small business concerns with fewer than delay of 90 days in the effective date of Federal Register on April 11, 2000 (65 25 employees,’’ pursuant to the Small its January 16, 2009, final rule entitled FR 19476), and can be viewed at the Business Paperwork Relief Act of 2002, ‘‘Elimination of Route Designation URL http://docketsinfo.dot.gov. Public Law 107–198, see 44 U.S.C. Requirement for Motor Carriers FOR FURTHER INFORMATION CONTACT: Mr. 3506(c)(4). Provisions of the Regulatory Transporting Passengers over Regular David Miller, Regulatory Development Flexibility Act of 1980 do not apply to Routes.’’ The final rule announced the Division, (202) 366–5370 or by e-mail at: this proceeding. discontinuation of the administrative [email protected]. The Commission will send a copy of requirement that applicants seeking for- SUPPLEMENTARY INFORMATION: this Report and Order in a report to be hire authority to transport passengers On January 16, 2009, FMCSA sent to Congress and the Government over regular routes submit a detailed published a final rule announcing the Accountability Office pursuant to the description and a map of the route(s) discontinuation of the administrative Congressional Review Act, see 5 U.S.C. over which they propose to operate. The requirement that applicants seeking for- 801(a)(1)(A). effective date of the rule is March 17, hire authority to transport passengers 2009, with a compliance date of July 15, List of Subjects in 47 CFR Part 73 over regular routes submit a detailed 2009. The FMCSA is considering a Television, Television broadcasting. description and a map of the route(s) temporary 90-day extension in the over which they propose to operate (74 ■ For the reasons discussed in the effective date to June 15, 2009, to allow FR 2895). The Agency indicated that it preamble, the Federal Communications the Agency the opportunity for further will register such carriers as regular- Commission amends 47 CFR part 73 as review and consideration of the final route carriers without requiring the follows: rule. FMCSA acknowledges that the designation of specific regular routes January 20, 2009, memorandum only and fixed end-points. Once motor PART 73—RADIO BROADCAST recommends 60 days, but is allowing for SERVICES carriers have obtained regular-route, for- 90 days to give us enough time to hire operating authority from FMCSA, ■ 1. The authority citation for part 73 consider and respond to comments. they will no longer need to seek continues to read as follows: DATES: Comments must be received on additional FMCSA approval in order to Authority: 47 U.S.C. 154, 303, 334, 336. or before March 9, 2009. change or add routes. The rule amended ADDRESSES: You may submit comments certain provisions of 49 CFR Parts 356, § 73.622 [Amended] identified by the Federal Docket 365 and 374 to make them consistent ■ 2. Section 73.622(i), the Post- Management System Number in the with the Agency’s discontinuation of Transition Table of DTV Allotments heading of this document by any of the the route designation requirement. Each

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registered regular-route motor carrier of DEPARTMENT OF TRANSPORTATION • Hand Delivery or Courier: 1200 passengers will continue to be subject to New Jersey Avenue, SE., West Building the full safety oversight and National Highway Traffic Safety Ground Floor, Room W12–140, between enforcement programs of FMCSA and Administration 9 a.m. and 5 p.m. ET, Monday through its State and local partners. Friday, except Federal holidays. 49 CFR Part 571 • Fax: 202–493–2251. The effective date of the rule is March Instructions: For detailed instructions 17, 2009, with a compliance date of July [Docket No. NHTSA–2009–0038] on submitting comments and additional 15, 2009. information on the rulemaking process, RIN 2127–AK44 Contemplated Extension of the Effective see the Public Participation heading of Date Federal Motor Vehicle Safety Standard; the SUPPLEMENTARY INFORMATION section Air Brake Systems of this document. Note that all In accordance with January 20, 2009 comments received will be posted (74 FR 4435) memorandum from the AGENCY: National Highway Traffic without change to http:// Assistant to the President and Chief of Safety Administration (NHTSA), www.regulations.gov, including any Staff, FMCSA is contemplating an Department of Transportation (DOT). personal information provided. Please extension of the effective date of its ACTION: Interim final rule, request for see the Privacy Act heading below. January 16, 2009, final rule from March comments. Privacy Act: Anyone is able to search 17, 2009, to June 15, 2009. This will the electronic form of all comments provide us sufficient time to address SUMMARY: This document extends for six received into any of our dockets by the issues that have been raised about months a requirement that trailers with name of the individual submitting the antilock brake systems be equipped comment (or signing the comment, if whether the new rule will make it more with an external antilock malfunction submitted on behalf of an association, difficult for us to enforce our indicator lamp. This requirement, business, labor union, etc.). You may requirements concerning safety and which is included in the Federal motor review DOT’s complete Privacy Act access for individuals with disabilities. vehicle safety standard that governs Statement in the Federal Register Although we believe the final rule fully vehicles equipped with air brakes, is published on April 11, 2000 (65 FR addressed these issues, in light of the currently scheduled to sunset on March 19477–78) or you may visit http:// Assistant to the President and Chief of 1, 2009. As a result of this interim final DocketsInfo.dot.gov. Staff’s memorandum, we are proposing rule, the sunset date is September 1, Docket: For access to the docket to to delay the effective date of the final 2009. We are taking this action in read background documents or rule to allow the Agency the connection with our consideration of a comments received, go to http:// opportunity for further review and petition for rulemaking from the www.regulations.gov, or the street consideration of these issues. Commercial Vehicle Safety Alliance address listed above. Follow the online The Agency solicits comments (CVSA) requesting that the requirement instructions for accessing the dockets. specifically on the contemplated delay be made permanent. In a separate FOR FURTHER INFORMATION CONTACT: For in the effective date. document, we are proposing a further non-legal issues, you may call Mr. extension of the requirement, to March George Soodoo, Office of Crash List of Subjects 1, 2011. This interim final rule prevents Avoidance Standards (Phone: 202–366– the occurrence of a potential time gap 49 CFR Part 356 4931; FAX: 202–366–7002). For legal for the vehicles that are subject to the issues, you may call Mr. Ari Scott, Administrative practice and requirement, should the agency Office of the Chief Counsel (Phone: 202– procedure, Routing, Motor carriers. ultimately decide to further extend the 366–2992; FAX: 202–366–3820). You time period. may send mail to these officials at: 49 CFR Part 365 DATES: Effective Date: The amendment National Highway Traffic Safety Administration, 1200 New Jersey Administrative practice and made in this rule is effective February Avenue, SE., Washington, DC 20590. procedure, Brokers, Buses, Freight 28, 2009. SUPPLEMENTARY INFORMATION: forwarders, Motor carriers, Moving of Comment Period: You should submit your comments early enough to ensure household goods, Reporting and Table of Contents that the Docket receives them not later recordkeeping requirements. than April 2, 2009. Comments may be I. Background 49 CFR Part 374 combined with ones on the II. Agency Analysis accompanying notice of proposed III. Interim Final Rule and Shortened Aged, Blind, Buses, Civil rights, rulemaking, which is being published Comment Period Freight, Individuals with disabilities, IV. Public Participation today using the same docket number. V. Rulemaking Analyses and Notices Motor carriers, Smoking. ADDRESSES: You may submit comments Issued on: February 25, 2009. to the docket number identified in the I. Background Rose A. McMurray, heading of this document by any of the The final rule requiring antilock brake Acting Deputy Administrator. following methods: systems (ABS) on truck tractors, other • Federal eRulemaking Portal: Go to air-braked heavy vehicles including [FR Doc. E9–4454 Filed 3–2–09; 8:45 am] http://www.regulations.gov. Follow the trailers, and hydraulic-braked trucks BILLING CODE 4910–EX–P online instructions for submitting was published in the Federal Register comments. (60 FR 13216) on March 10, 1995. As • Mail: Docket Management Facility: amended by that final rule, FMVSS No. U.S. Department of Transportation, 1200 121, Air Brake Systems, required two New Jersey Avenue, SE., West Building separate in-cab ABS malfunction Ground Floor, Room W12–140, indicator lamps for each truck tractor, Washington, DC 20590–0001. one for the tractor’s ABS (effective

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March 1, 1997) and the other for the accompanying NPRM will not be made site at http://www.regulations.gov. trailer’s ABS (effective March 1, 2001). until after that date. To prevent the Follow the online instructions for The final rule also required air-braked requirement from expiring in the submitting comments. trailers to be equipped with an meantime, potentially creating a Please note that pursuant to the Data externally mounted ABS malfunction confusing time gap in the trailer Quality Act, in order for substantive lamp (effective March 1, 1998) so that regulations should the agency data to be relied upon and used by the the driver of a non-ABS equipped ultimately decide to extend it, we agency, it must meet the information tractor or a pre-2001 ABS-equipped decided to issue this interim final rule quality standards set forth in the OMB tractor towing an ABS-equipped trailer providing a six-month extension. and DOT Data Quality Act guidelines. would be alerted in the event of a Accordingly, NHTSA is extending the Accordingly, we encourage you to malfunction in the trailer ABS. sunset date by six months, from March consult the guidelines in preparing your The requirement for the trailer- 1, 2009 to September 1, 2009. comments. OMB’s guidelines may be mounted ABS malfunction indicator accessed at http://www.whitehouse.gov/ lamp is currently scheduled to expire on III. Interim Final Rule and Shortened omb/fedreg/reproducible.html. DOT’s March 1, 2009. The agency established Comment Period guidelines may be accessed at http:// this sunset date in light of the fact that, Given the imminence of the March 1, dms.dot.gov. after this eight-year period, many of the 2009 sunset date for the requirement pre-2001 tractors without the dedicated that trailers with antilock brake systems How can I be sure that my comments trailer ABS malfunction indicator lamp be equipped with an external antilock were received? would no longer be in long-haul service. malfunction indicator lamp, we find The agency based its decision on the good cause for this interim final rule If you wish Docket Management to belief that the typical tractor life was providing a six-month extension. notify you upon its receipt of your five to seven years, and therefore Without this interim final rule, a comments, enclose a self-addressed, decided on an eight-year period for the confusing time gap in the vehicles stamped postcard in the envelope external ABS malfunction indicator subject to the requirement could containing your comments. Upon lamp requirement. We further stated our potentially occur, should the agency receiving your comments, Docket belief that there would be no need for ultimately decide to extend the Management will return the postcard by a redundant ABS malfunction lamp requirement. Further, we find good mail. mounted on the trailer after the vast cause to make it effective on February How do I submit confidential business majority of tractors were equipped with 28, 2009. We are accepting comments information? an in-cab ABS malfunction indicator on this interim final rule. lamp for the trailer. Furthermore, given the short If you wish to submit any information As we have moved closer to the timeframe of this interim final rule, we under a claim of confidentiality, you March 1, 2009 sunset date, the agency are providing only a 30-day comment should submit three copies of your has received two petitions requesting period. Because the full duration of the complete submission, including the that the requirement for the ABS extension is only six months, and due information you claim to be confidential malfunction indicator lamp be extended to the fact that NHTSA will be business information, to the Chief or made permanent. These petitions considering the policy issues addressed Counsel, NHTSA, at the address given both came from the Commercial Vehicle in the outstanding petitions during this above under FOR FURTHER INFORMATION Safety Alliance (CVSA), an international period in the context of the CONTACT. In addition, you should not-for-profit organization comprised of accompanying NPRM, we believe it is submit two copies, from which you local, state, provincial, territorial and appropriate to provide a short comment have deleted the claimed confidential federal motor carrier safety officials and period. business information, to Docket industry representatives from the Management at the address given above United States, Canada, and Mexico. The IV. Public Participation under ADDRESSES. When you send a petitioner raised two main issues in How do I prepare and submit comment containing information requesting a permanent extension. The comments? claimed to be confidential business first relates to ensuring that a driver or information, you should include a cover inspector can determine the operational Your comments must be written and in English. To ensure that your letter setting forth the information status of a trailer ABS, if the trailer is specified in our confidential business not equipped with an external ABS comments are correctly filed in the Docket, please include the docket information regulation. (49 CFR Part lamp or the tractor is a pre-2001 tractor 512.) without the trailer in-cab ABS warning number of this document in your lamp. The second relates to the use of comments. Will the agency consider late the external trailer ABS warning lamp Your comments must not be more comments? for diagnostic purposes. than 15 pages long. (49 CFR 553.21). We established this limit to encourage you We will consider all comments that II. Agency Analysis to write your primary comments in a Docket Management receives before the In a separate notice of proposed concise fashion. However, you may close of business on the comment rulemaking (NPRM) published in attach necessary additional documents closing date indicated above under today’s Federal Register, we are to your comments. There is no limit on DATES. To the extent possible, we will proposing to extend the trailer indicator the length of the attachments. also consider comments that Docket lamp requirement to March 1, 2011. Please submit two copies of your Management receives after that date. If Such an extension would enable the comments, including the attachments, Docket Management receives a comment agency to fully analyze CVSA’s request to Docket Management at the address too late for us to consider in developing that the requirement be made given above under ADDRESSES. a final rule (assuming that one is permanent. Comments may also be submitted to issued), we will consider that comment Given the imminence of the March 1, the docket electronically by logging onto as an informal suggestion for future 2009 sunset date, our decision on the the Docket Management System Web rulemaking action.

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How can I read the comments submitted they are already installing for an reasonable effort to ensure that the by other people? additional six months. regulation: (1) Clearly specifies the preemptive effect; (2) clearly specifies You may read the comments received Executive Order 13132 (Federalism) the effect on existing Federal law or by Docket Management at the address NHTSA has examined today’s interim regulation; (3) provides a clear legal given above under ADDRESSES. The final rule pursuant to Executive Order standard for affected conduct, while hours of the Docket are indicated above 13132 (64 FR 43255, August 10, 1999) promoting simplification and burden in the same location. You may also see and concluded that no additional reduction; (4) clearly specifies the the comments on the Internet. To read consultation with States, local retroactive effect, if any; (5) adequately the comments on the Internet, go to governments or their representatives is defines key terms; and (6) addresses http://www.regulations.gov. Follow the mandated beyond the rulemaking other important issues affecting clarity online instructions for accessing the process. The agency has concluded that and general draftsmanship under any dockets. the rule does not have federalism guidelines issued by the Attorney Please note that even after the implications because it does not have General. This document is consistent comment closing date, we will continue ‘‘substantial direct effects on the States, with that requirement. to file relevant information in the on the relationship between the national Pursuant to this Order, NHTSA notes Docket as it becomes available. Further, government and the States, or on the as follows. The preemptive effect of this some people may submit late comments. distribution of power and rule is discussed above. NHTSA notes Accordingly, we recommend that you responsibilities among the various further that there is no requirement that periodically check the Docket for new levels of government.’’ individuals submit a petition for material. Further, no consultation is needed to reconsideration or pursue other discuss the preemptive effect of today’s V. Rulemaking Analyses and Notices administrative proceeding before they rule. NHTSA’s safety standards can may file suit in court. Executive Order 12866 and DOT have preemptive effect in at least two Regulatory Policies and Procedures ways. First, the National Traffic and Protection of Children From Motor Vehicle Safety Act contains an Environmental Health and Safety Risks This action was not reviewed by the express preemption provision: ‘‘When a Executive Order 13045, ‘‘Protection of Office of Management and Budget under motor vehicle safety standard is in effect E.O. 12866. The agency has considered Children from Environmental Health under this chapter, a State or a political and Safety Risks’’ (62 FR 19855, April the impact of this action under the subdivision of a State may prescribe or Department of Transportation’s 23, 1997), applies to any rule that: (1) continue in effect a standard applicable Is determined to be ‘‘economically regulatory policies and procedures (44 to the same aspect of performance of a FR 11034; February 26, 1979), and has significant’’ as defined under Executive motor vehicle or motor vehicle Order 12866, and (2) concerns an determined that it is not ‘‘significant’’ equipment only if the standard is under them. environmental, health, or safety risk that identical to the standard prescribed the agency has reason to believe may This document delays the sunset date under this chapter.’’ 49 U.S.C. have a disproportionate effect on of the antilock malfunction indicator 30103(b)(1). It is this statutory command children. If the regulatory action meets lamp requirement from March 1, 2009 to that unavoidably preempts State both criteria, the agency must evaluate September 1, 2009. Since trailers legislative and administrative law, not the environmental health or safety manufactured after March 1, 1998 have today’s rulemaking, so consultation effects of the planned rule on children, already been complying with the would be unnecessary. and explain why the planned regulation requirement and the agency is merely Second, the Supreme Court has is preferable to other potentially extending the requirement for an recognized the possibility of implied effective and reasonably feasible additional six months, the impact on preemption: State requirements alternatives considered by the agency. costs is not significant. Not supplying a imposed on motor vehicle This document is not expected to lamp could result in a trailer that could manufacturers, including sanctions affect children and it is not an be made for a few dollars less. We imposed by State tort law, can stand as economically significant regulatory estimate the costs to be so minimal that an obstacle to the accomplishment and action under Executive Order 12866. preparation of a full regulatory execution of a NHTSA safety standard. Consequently, no further analysis is evaluation is not required. When such a conflict is discerned, the required under Executive Order 13045. Regulatory Flexibility Act Supremacy Clause of the Constitution makes the State requirements Paperwork Reduction Act Pursuant to the Regulatory Flexibility unenforceable. See Geier v. American Under the Paperwork Reduction Act Act, 5 U.S.C. 601 et seq., NHTSA has Honda Motor Co., 529 U.S. 861 (2000). of 1995 (PRA), a person is not required evaluated the effects of this action on NHTSA has considered today’s interim to respond to a collection of information small entities. I hereby certify that this final rule and does not currently foresee by a Federal agency unless the interim final rule will not have a any potential State requirements that collection displays a valid OMB control significant impact on a substantial might conflict with it. Without any number. There is not any information number of small entities. This interim conflict, there could not be any implied collection requirement associated with final rule merely extends for six months preemption. this interim final rule. a sunset provision in FMVSS No. 121. No other changes are made in this Executive Order 12988 (Civil Justice National Technology Transfer and document. Small organizations and Reform) Advancement Act small government units are not With respect to the review of the Section 12(d) of the National significantly affected since this action promulgation of a new regulation, Technology Transfer and Advancement does not affect the price of new motor section 3(b) of Executive Order 12988, Act of 1995 (NTTAA), Public Law 104– vehicles. Trailer manufacturers are not ‘‘Civil Justice Reform’’ (61 FR 4729, 113, (15 U.S.C. 272) directs the agency required to install new systems but February 7, 1996) requires that to evaluate and use voluntary consensus rather continue to install the systems Executive agencies make every standards in its regulatory activities

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unless doing so would be inconsistent • Are the requirements in the rule converter dolly manufactured on or after with applicable law or is otherwise clearly stated? March 1, 1998, and before September 1, impractical. Voluntary consensus • Does the rule contain technical 2009, shall be equipped with an standards are technical standards (e.g., language or jargon that isn’t clear? external antilock malfunction indicator materials specifications, test methods, • Would a different format (grouping lamp that meets the requirements of sampling procedures, and business and order of sections, use of headings, S5.2.3.3(b) through (d). practices) that are developed or adopted paragraphing) make the rule easier to * * * * * by voluntary consensus standards understand? Issued: February 26, 2009. bodies, such as the Society of • Would more (but shorter) sections Ronald L. Medford, Automotive Engineers. The NTTAA be better? directs us to provide Congress (through • Could we improve clarity by adding Acting Deputy Administrator. OMB) with explanations when we tables, lists, or diagrams? [FR Doc. E9–4492 Filed 2–27–09; 11:15 am] decide not to use available and • What else could we do to make the BILLING CODE 4910–59–P applicable voluntary consensus rule easier to understand? standards. There are no voluntary If you have any responses to these consensus standards developed by questions, please include them in your DEPARTMENT OF COMMERCE voluntary consensus standards bodies comments on this proposal. pertaining to this interim final rule. National Oceanic and Atmospheric Regulatory Identifier Number (RIN) Administration Unfunded Mandates Reform Act The Department of Transportation The Unfunded Mandates Reform Act assigns a regulation identifier number 50 CFR Part 679 of 1995 requires agencies to prepare a (RIN) to each regulatory action listed in [Docket No. 0810141351—9087—02] written assessment of the costs, benefits the Unified Agenda of Federal and other effects of proposed or final Regulations. The Regulatory Information RIN 0648–XN54 rules that include a Federal mandate Service Center publishes the Unified likely to result in the expenditure by Agenda in April and October of each Fisheries of the Exclusive Economic State, local or tribal governments, in the year. You may use the RIN contained in Zone Off Alaska; Opening Directed aggregate, or by the private sector, of the heading at the beginning of this Fishing for Pacific Cod by Catcher more than $100 million annually document to find this action in the Vessels Greater Than or Equal to 60 (adjusted for inflation with base year of Unified Agenda. feet (18.3 m) Length Overall Using Pot Gear in the Bering Sea and Aleutian 1995). This interim final rule would not Privacy Act result in expenditures by State, local or Islands management area Anyone is able to search the tribal governments, in the aggregate, or AGENCY: National Marine Fisheries electronic form of all comments by the private sector in excess of $100 Service (NMFS), National Oceanic and received into any of our dockets by the million annually. Atmospheric Administration (NOAA), name of the individual submitting the Commerce. National Environmental Policy Act comment (or signing the comment, if ACTION: Temporary rule; opening. NHTSA has analyzed this rulemaking submitted on behalf of an association, action for the purposes of the National business, labor union, etc.). You may SUMMARY: NMFS is opening directed Environmental Policy Act. The agency review DOT’s complete Privacy Act fishing for Pacific cod by catcher vessels has determined that implementation of Statement in the Federal Register greater than or equal to 60 feet (18.3 m) this action will not have any significant published on April 11, 2000 (Volume length overall (LOA) using pot gear in impact on the quality of the human 65, Number 70; Pages 19477–78) or you the Bering Sea and Aleutian Islands environment. may visit http://www.regulations.gov. management area (BSAI). This action is Executive Order 13211 List of Subjects in 49 CFR Part 571 necessary to fully use the A season allowance of the 2009 total allowable Executive Order 13211 (66 FR 28355, Imports, Motor vehicle safety, Motor vehicles, and Tires. catch (TAC) of Pacific cod by catcher May 18, 2001) applies to any vessels greater than or equal to 60 feet ■ In consideration of the foregoing, rulemaking that: (1) Is determined to be (18.3 m) LOA using pot gear in the NHTSA is amending 49 CFR part 571 as economically significant as defined BSAI. under E.O. 12866, and is likely to have set forth below. a significantly adverse effect on the DATES: Effective 1200 hrs, Alaska local supply of, distribution of, or use of PART 571—FEDERAL MOTOR time (A.l.t.), March 1, 2009, through energy; or (2) that is designated by the VEHICLE SAFETY STANDARDS 1200 hrs, A.l.t., June 10, 2009. Comments must be received at the Administrator of the Office of ■ 1. The authority citation for part 571 following address no later than 4:30 Information and Regulatory Affairs as a continues to read as follows: p.m., A.l.t., March 13, 2009. significant energy action. This Authority: 49 U.S.C. 322, 30111, 30115, ADDRESSES: Send comments to Sue rulemaking is not subject to E.O. 13211. 30117 and 30166; delegation of authority at 49 CFR 1.50. Salveson, Assistant Regional Plain Language Administrator, Sustainable Fisheries ■ 2. Section 571.121 is amended by Executive Order 12866 and the Division, Alaska Region, NMFS, Attn: revising S5.2.3.3(a) to read as follows: President’s memorandum of June 1, Ellen Sebastian. You may submit 1998, require each agency to write all § 571.121 Standard No. 121; Air brake comments, identified by RIN rules in plain language. Application of systems. 0648-XN54, by any one of the following the principles of plain language * * * * * methods: includes consideration of the following S5.2.3.3 Antilock malfunction • Electronic Submissions: Submit all questions: indicator. electronic public comments via the • Have we organized the material to (a) In addition to the requirements of Federal eRulemaking Portal website at suit the public’s needs? S5.2.3.2, each trailer and trailer http://www.regulations.gov.

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• Mail: P. O. Box 21668, Juneau, AK appear at subpart H of 50 CFR part 600 data in a timely fashion and would 99802. and 50 CFR part 679. delay opening directed fishing for • Fax: (907) 586–7557. NMFS closed directed fishing for Pacific cod by catcher vessels greater • Hand delivery to the Federal Pacific cod by catcher vessels greater than or equal to 60 feet (18.3 m) LOA Building: 709 West 9th Street, Room than or equal to 60 feet (18.3 m) LOA using pot gear in the BSAI. NMFS was 420A, Juneau, AK. using pot gear in the BSAI under unable to publish a notice providing All comments received are a part of § 679.20(d)(1)(iii) on February 1, 2009 time for public comment because the the public record and will generally be (74 FR 6554, February 10, 2009). most recent, relevant data only became posted to http://www.regulations.gov NMFS has determined that available as of February 23, 2009. The without change. All Personal Identifying approximately 1,019 mt of Pacific cod AA also finds good cause to waive the Information (e.g., name, address) remain in the directed fishing allowance 30-day delay in the effective date of this voluntarily submitted by the commenter for catcher vessels greater than or equal action under 5 U.S.C. 553(d)(3). This may be publicly accessible. Do not to 60 feet (18.3 m) LOA using pot gear finding is based upon the reasons submit Confidential Business in the BSAI. Therefore, in accordance provided above for waiver of prior Information or otherwise sensitive or with § 679.25(a)(1)(i), (a)(2)(i)(C) and notice and opportunity for public protected information. (a)(2)(iii)(D), and to fully utilize the A comment. season allowance of the 2009 TAC of NMFS will accept anonymous Without this inseason adjustment, comments. Enter ‘‘N/A’’ in the required Pacific cod by catcher vessels greater than or equal to 60 feet (18.3 m) LOA NMFS could not allow the TAC of fields, if you wish to remain Pacific cod by catcher vessels greater anonymous. Attachments to electronic using pot gear in the BSAI, NMFS is terminating the previous closure and is than or equal to 60 feet (18.3 m) LOA comments will be accepted in Microsoft using pot gear in the BSAI to be Word, Excel, WordPerfect, or Adobe reopening directed fishing for Pacific cod. harvested in an expedient manner and portable document file (pdf) formats in accordance with the regulatory only. Classification schedule. Under § 679.25(c)(2), FOR FURTHER INFORMATION CONTACT: This action responds to the best interested persons are invited to submit Mary Furuness, 907–586–7228. available information recently obtained written comments on this action to the SUPPLEMENTARY INFORMATION: NMFS from the fishery. The Assistant above address until March 13, 2009. manages the groundfish fishery in the Administrator for Fisheries, NOAA This action is required by § 679.20 BSAI according to the Fishery (AA), finds good cause to waive the and § 679.25 and is exempt from review Management Plan for Groundfish of the requirement to provide prior notice and under Executive Order 12866. Bering Sea and Aleutian Islands opportunity for public comment Authority: 16 U.S.C. 1801 et seq. Management Area (FMP) prepared by pursuant to the authority set forth at 5 the North Pacific Fishery Management U.S.C. 553(b)(B) as such requirement is Dated: February 25, 2009. Council under authority of the impracticable and contrary to the public Emily H. Menashes, Magnuson-Stevens Fishery interest. This requirement is Acting Director, Office of Sustainable Conservation and Management Act. impracticable and contrary to the public Fisheries, National Marine Fisheries Service. Regulations governing fishing by U.S. interest as it would prevent NMFS from [FR Doc. E9–4474 Filed 2–26–09; 4:15 pm] vessels in accordance with the FMP responding to the most recent fisheries BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 74, No. 40

Tuesday, March 3, 2009

This section of the FEDERAL REGISTER will be considered if it is practical to do public documents. If you do not have contains notices to the public of the proposed so, but assurance of consideration access to ADAMS or if there are issuance of rules and regulations. The cannot be given except as to comments problems in accessing the documents purpose of these notices is to give interested received on or before this date. located in ADAMS, contact the NRC persons an opportunity to participate in the PDR Reference staff at 1–800–397–4209, rule making prior to the adoption of the final ADDRESSES: You may submit comments rules. on this petition by any one of the 301–415–4737 or by e-mail to following methods. Please include [email protected]. PRM–72–6 in the subject line of your For a copy of the petition, write to NUCLEAR REGULATORY comments. Comments on petitions Michael T. Lesar, Chief, Rulemaking, COMMISSION submitted in writing or in electronic Directives and Editing Branch, Division form will be made available for public of Administrative Services, Office of 10 CFR Part 72 inspection. Personal information, such Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555– [Docket No. PRM–72–6]; [NRC–2008–0649] as your name, address, telephone number, e-mail address, etc., will not be 0001. The petition is also available C–10 Research and Education removed from your submission. electronically in ADAMS at Foundation, Inc.; Receipt of Petition Federal eRulemaking Portal: Go to ML083470148. for Rulemaking http://www.regulations.gov and search FOR FURTHER INFORMATION CONTACT: for documents filed under Docket ID Michael T. Lesar, Office of AGENCY: Nuclear Regulatory [NRC–2008–0649]. Address questions Administration, U.S. Nuclear Regulatory Commission. about NRC dockets to Carol Gallagher, Commission, Washington, DC 20555. ACTION: Petition for rulemaking; Notice 301–492–3668; e-mail Telephone: 301–492–3663 or Toll-Free: of receipt. [email protected]. 1–800–368–5642 or E-mail: Mail comments to: Secretary, U.S. [email protected]. SUMMARY: The Nuclear Regulatory Nuclear Regulatory Commission, SUPPLEMENTARY INFORMATION: Commission (NRC) has received and Washington, DC 20555–0001, ATTN: requests public comment on a petition Rulemakings and Adjudications Staff. E- Background for rulemaking dated November 24, mail comments to: The NRC has received a petition for 2008, filed by the C–10 Research and [email protected]. If you rulemaking dated November 24, 2008, Education Foundation, Inc. (petitioner). do not receive a reply e-mail confirming submitted by Sandra Gavutis on behalf The petition was docketed by the NRC that we have received your comments, of the C–10 Research and Education and has been assigned Docket No. PRM– contact us directly at 301–415–1677. Foundation, Inc. (petitioner). The 72–6. The petitioner is requesting that Hand deliver comments to: 11555 petitioner requests that the NRC amend the NRC amend the regulations that Rockville Pike, Rockville, Maryland 10 CFR Part 72, ‘‘Licensing govern licensing requirements for the 20852, between 7:30 a.m. and 4:15 p.m. Requirements for the Independent independent storage of spent nuclear Federal workdays, telephone number Storage of Spent Nuclear Fuel, High- fuel, high-level radioactive waste, and 301–415–1677. Level Radioactive Waste, and Reactor- reactor-related greater than class C Fax comments to: Secretary, U.S. Related Greater than Class C Waste.’’ waste. The petitioner believes that the Nuclear Regulatory Commission at 301– The petitioner requests that Part 72 be current regulations do not provide 415–1101. amended to require licensees to strictly sufficient requirements for safe storage Publicly available documents related adhere to ASME code requirements for of spent nuclear fuel in dry cask storage to this petition may be viewed design and use of spent fuel storage or in independent spent fuel storage electronically on the public computers casks. The petitioner also requests that installations (ISFSIs). The petitioner located at the NRC’s Public Document 10 CFR 72.42 be amended to clarify states that the NRC does not adequately Room (PDR), Room O1 F21, One White requirements for ‘‘renewal’’ and enforce the current regulations that Flint North, 11555 Rockville Pike, ‘‘reapproval’’ of certificates of govern dry cask storage by allowing Rockville, Maryland. The PDR compliance (CoCs) of spent fuel storage manufacturers, vendors, and licensees reproduction contractor will copy casks and to address license to use alternatives to the American documents for a fee. Selected requirements for multiple cask designs Society of Mechanical Engineers documents, including comments, may under different expiration dates at the (ASME) Code. The petitioner also states be viewed and downloaded same ISFSI. The petitioner is also that the NRC has not specified license electronically via the Federal concerned that NRC requirements allow requirements for multiple cask designs eRulemaking Portal http:// 20-year CoCs for spent fuel storage casks under different expiration dates at the www.regulations.gov. to be arbitrarily extended up to 60 years same ISFSI, has not adequately Publicly available documents created without adequate evaluation for considered age-related degradation of or received at the NRC, are available protection of public health and safety. dry cask systems, and has no electronically at the NRC’s Electronic The petitioner also states that the NRC requirements in place to address Reading Room at http://www.nrc.gov/ does not require control systems for dry sabotage and adverse environmental reading-rm/adams.html. From this page, cask storage systems at ISFSIs and that effects on ISFSIs and current and future the public can gain entry into the NRC’s the NRC allows licensees numerous dry cask storage systems. Agencywide Documents Access and exemptions from design and DATES: Submit comments by May 18, Management System (ADAMS), which construction requirements for dry cask 2009. Comments received after this date provides text and image files of NRC’s storage systems that result in unresolved

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fabrication and performance issues. The between ‘‘renewal’’ versus ‘‘reapproval’’ that the NRC has allowed exemptions to petitioner is also concerned that the and has not addressed what the license vendors. The petitioner states that the requirements for spent fuel storage casks requirements are for multiple cask NRC’s remedy for this situation has do not adequately consider or address designs under different expiration dates been to simultaneously cite vendors and long term degradation of casks. Lastly, at the same ISFSI. manufacturers with numerous the petitioner states that NRC The petitioner is also concerned that violations and later approve repeated regulations do not adequately specify the NRC arbitrarily extends CoCs for corrective actions. The petitioner requirements for protection of ISFSIs spent fuel casks beyond the 20-year believes that dry cask design, and dry storage casks systems from term up to 60 years without evaluating fabrication, and performance issues terrorist attacks or environmental technical data or regulatory implications remain unresolved by this practice. elements. to adequately protect public health and The petitioner states that limited data The NRC has determined that the safety. The petitioner’s chief concerns exists to determine the extent of the petition meets the threshold sufficiency are that NRC requirements have not long-term degradation of dry storage requirements for a petition for been updated; manufacture of spent fuel casks and the fuel cladding of the fuel rulemaking under 10 CFR 2.802. The storage casks is not consistent with in some dry cask designs. The petitioner petition was docketed by the NRC as ASME Code requirements; ISFSIs are notes that the NRC did support a PRM–72–6 on December 11, 2008. The not required to be built to withstand a research program, ‘‘The Dry Cask NRC is soliciting public comment on the terrorist attack; and that spent fuel Storage Characterization Project’’ petition for rulemaking. storage casks are not safeguarded against conducted at the Idaho National accidents, adverse weather-related Engineering and Environmental Discussion of the Petition events, and leakage caused by age- Laboratory; but that this study was The petitioner states that because the related degradation. never completed because it was Federal Government for over 50 years The petitioner states that although the cancelled 15 years into the planned 20- has not resolved the long-term need to NRC has determined that spent fuel year study timeframe. According to the protect the public from exposure to storage casks design and construction is petitioner, this study revealed that irradiated nuclear fuel by creating a as important as that of a reactor vessel, degradation of stored fuel was present permanent high-level waste repository, the NRC makes distinctions between when a dry cask at the Surry facility was the States will inherit the responsibility wet and dry storage requirements. The opened, but the NRC reported that the to store spent nuclear fuel indefinitely. petitioner cites § 72.122(i) as an condition of the stored fuel was The petitioner believes that the NRC is example that requires instrumentation acceptable. The petitioner believes that proposing to change the Nuclear Waste and control systems be provided to the study’s inconsistencies did not Confidence rule so there is no deadline specifically monitor and control heat provide conclusive data for either the for storage of spent nuclear fuel and that removal, but states that the NRC does cask integrity or condition of the stored current NRC regulations are inadequate not require control systems for dry cask spent fuel. and not properly enforced. The storage systems at ISFSIs. The petitioner The petitioner also cites a videotape petitioner states that the NRC allows also notes that § 72.124(b) requires provided by the Union of Concerned licensees of dry cask storage systems to specific methods for criticality control Scientists of an incident at the Point use alternatives to ASME Code but that the NRC has concluded that the Beach facility; a copy of the videotape requirements and grants numerous potentially corrosive environment in was included with the petition. The exemptions to cask designs instead of wet storage conditions does not apply to petitioner states that the video shows requiring strict compliance with current dry storage systems. The petitioner that the adverse effects of chemical ASME Code requirements. The notes that in 1998 the NRC determined reactions in a cask could cause heat petitioner states that required design that because air and moisture are build up within the cask. The petitioner specifications have not been updated removed from dry storage casks and suggests that a sampling of dry casks because no current complete studies replaced with helium, the spent nuclear certified by the NRC should be opened exist. fuel is then inert and there is no periodically and studied for at least 60 The petitioner also states that the reasonable basis to assume degradation years because the NRC has permitted renewal process for spent fuel cask will occur. ‘‘Miscellaneous Changes to extension of 20-year dry cask licenses designs in 10 CFR Part 72 is unclear. Licensing Requirements for the up to 60 years. Specifically, the petitioner states that Independent Storage of Spent Nuclear The petitioner lists the following § 72.42(a) clearly specifies that the Fuel and High-Level Radioactive Waste’’ technical concerns regarding dry storage initial term for a site-specific ISFSI must (63 FR 31364, 31365; June 9, 1998). casks: failure of cask materials over long be for a fixed term not to exceed 20 However, the petitioner states that this periods of time; inadequate ability to years from the date of issuance. The determination is refuted by the May observe and detect those failures petitioner states that an application for 1996 incident at Point Beach, evidence because there is no active maintenance reapproval of a spent fuel storage cask from the reactor vessel inner seal in place; difficulty assessing some design implies that the NRC would failures at the Surry facility, and NRC construction materials for long-term reevaluate the design basis of the reports of corrosion resulting from salt integrity; lack of a formal aging original cask design with current water air at other reactor sites. management program; lack of dose rate standards and code requirements for the The petitioner also states that vital and heat monitoring for increased heat 20-year CoC storage cask license. The adequate technical radiation and heat and radiation levels on ISFSIs and petitioner believes that current NRC monitoring data is not included in the individual casks; and vulnerability to practice under § 72.42 uses the term regulations that govern dry storage casks weather-related deterioration and ‘‘renewal’’ which implies that the and that this data is needed to protect sabotage; and ISFSIs and dry casks are design requirements remain the same as nuclear workers and the public, and for outdoors in plain sight (unlike reactor in the original CoC and ‘‘simply future dry cask design and fabrication. vessels and spent fuel pools) and are not replaces the original license.’’ The The petitioner is also concerned that a designed to withstand various terrorist petitioner states that the NRC has no lack of vendor compliance with ASME attack scenarios. The casks are the only clear requirements that distinguish Code design requirements exists and barrier between radioactive nuclear fuel

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and the public and the environment that conform to safety regulations to ‘‘the dry cask storage modules used at while reactor vessels are in a ‘‘the maximum extent practical’’ instead ISFSIs are not designed to resist attack. containment building in a controlled of actual ASME Code requirements. The At all recently established ISFSIs in the environment with a trained team of petitioner also states that ASME Code USA, spent fuel is contained in metal operators, inspectors, and maintenance requirements should be enforced canisters with a wall thickness of about staff. unconditionally, with no exceptions or 1.6 cm. Each canister is surrounded by The petitioner suggests that the NRC exemptions. a concrete over pack, but the over pack regulations be amended as follows: (6) Require ASME code stamping for is penetrated by channels that allow (1) Prohibit dry storage cask systems fabrication, which would specify that an cooling of the canister by convective that do not meet NRC certification ASME-certified nuclear inspector, who flow of air. Attackers gaining access to requirements from being produced is independent from the manufacturer an ISFSI could employ readily available under what the petitioner states is and vendor, must be onsite at the skills and explosives to penetrate a industry pressure to ‘‘accept-as-is.’’ fabrication plant. The petitioner also canister in a manner that allows free (2) Base certification of casks on code suggests that code stamping activities be flow to the spent fuel, and could use requirements to include design criteria subject to unannounced NRC incendiary devices to initiate burning of and technical specifications on a 100- inspections. fuel cladding, leading to a release of year timeframe instead of the current (7) Require that all fabrication radioactive material to the atmosphere.’’ 20-year design specification that the materials be supplied by ASME- (12) Establish funding to conduct petitioner views as inadequate. The approved material suppliers who are ongoing studies to evaluate the effects of petitioner also suggests that the NRC certificate holders. The petitioner is age-related material degradation on dry conduct a regulatory review of an in- concerned that if a supplier who is not casks and to assess the structural depth technical evaluation for public certified is used, material certification integrity of the casks and fuel cladding. comment at the 20 year CoC reapproval under the NG/NF–2130 ASME standard The petitioner has stated that these interval to address cask deterioration is not possible and means that material studies would gather the data necessary issues. traceability is not achieved. for the management of future damage (3) Approve a method for dry cask (8) Require that the current ASME and to determine design specifications transfer capacity as part of the original Codes and standards for conservative for future irradiated nuclear waste ISFSI certification process and heat treatment and light tightness are storage. construction license that will allow for adopted and enforced. immediate and safe maintenance on a (9) Require a safe and secure hot cell Dated at Rockville, Maryland, this 25th day faulty or failing cask. The petitioner transfer station coupled with an of February 2009. states that stored irradiated fuel in dry auxiliary pool to be built as part of an For the Nuclear Regulatory Commission. casks approaches approximately 400 upgraded ISFSI certification and Annette L. Vietti-Cook, degrees Fahrenheit while the irradiated licensing process. The petitioner states Secretary of the Commission. waste storage pool water is kept at 100 that the licensee must have a dry cask [FR Doc. E9–4444 Filed 3–2–09; 8:45 am] degrees Fahrenheit. The petitioner transfer capability for maintenance and BILLING CODE 7590–01–P subsequently asserts that the re- during emergency situations after submersion of dry casks and resultant decommissioning for as long as the steam flash threaten workers, and may spent fuel remains on site. ENVIRONMENTAL PROTECTION thermally shock the irradiated nuclear (10) Require real-time heat and AGENCY fuel rods. The petitioner also states that radiation monitoring at ISFSIs at all the ability to perform maintenance nuclear power plant sites and storage 40 CFR Part 55 safely should be a regulatory priority facilities that are not located at reactor and that procedures to act promptly in sites maintained by the utilities and that [EPA–R10–OAR–2009–0111; FRL–8777–6] the monitoring data be transmitted in an emergency situation and safely Outer Continental Shelf Air real-time to affected State health, safety, transfer spent fuel must be outlined in Regulations Consistency Update for and environmental regulators. NRC regulations. Alaska (4) Ensure that dry casks are qualified (11) Require what the petitioner for transport at the time of onsite storage describes as ‘‘Hardened Onsite Storage’’ AGENCY: Environmental Protection approval certification. The petitioner to fortify ISFSIs and dry casks from Agency (EPA). states that transport capacity of terrorist attacks. The petitioner cites a ACTION: Proposed rule-consistency shipment offsite must be required if an study by the National Academy of update. environmental emergency occurs or for Sciences entitled, ‘‘Safety and Security security purposes to an alternative of Commercial Nuclear Fuel Storage,’’ SUMMARY: EPA is proposing to update a storage location or repository as part of supported by the NRC (Grant No. NRC– portion of the Outer Continental Shelf the approval criteria. The petitioner 04–04–067). According to the petitioner, (‘‘OCS’’) Air Regulations. Requirements suggests that Chapter 1 of the NRC’s this study states that the NRC should applying to OCS sources located within Standard Review Plan (NUREG 1567) upgrade the requirements in 10 CFR 25 miles of States’ seaward boundaries should clearly define the transport Part 72 for dry casks, specifically to must be updated periodically to remain requirements in §§ 72.122(i), 72.236(h), improve resistance to terrorist attacks. consistent with the requirements of the and 72.236(m). The petitioner also quotes from a paper corresponding onshore area (‘‘COA’’), as (5) Specify that the most current describing the potential of terrorist mandated by the Clean Air Act (‘‘the ASME codes and standards be adopted attacks on dry casks by Gordon Act’’). The portion of the OCS air for all spent fuel storage containers with Thompson, the Director of the Institute regulations that is being updated no exceptions. The petitioner states that for Resource and Security, entitled, pertains to the requirements for OCS the NRC should no longer issue ‘‘Assessing Risks of Potential Malicious sources in the State of Alaska. The ‘‘justifications and compensatory Actions at Commercial Nuclear intended effect of approving the OCS measures’’ for ASME codes or allow the Facilities: A Case of a Proposed ISFSI at requirements for the State of Alaska is industry to design or manufacture casks Diablo Canyon Site’’ (June 27, 2007): to regulate emissions from OCS sources

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in accordance with the requirements able to consider your comment. pollution from OCS sources in order to onshore. The change to the existing Electronic files should avoid the use of attain and maintain federal and state requirements discussed below is special characters, any form of ambient air quality standards and to proposed to be incorporated by encryption, and be free of any defects or comply with the provisions of part C of reference into the Code of Federal viruses. title I of the Act. Part 55 applies to all Regulations and is listed in the Docket: All documents in the OCS sources offshore of the States appendix to the OCS air regulations. electronic docket are listed in the except those located in the Gulf of DATES: Written comments must be http://www.regulations.gov index. Mexico west of 87.5 degrees longitude. received on or before April 2, 2009. Although listed in the index, some Section 328 of the Act requires that for ADDRESSES: Submit your comments, information is not publicly available, such sources located within 25 miles of identified by Docket ID Number EPA– e.g., CBI or other information whose a State’s seaward boundary, the R10–OAR–2009–0111, by one of the disclosure is restricted by statute. requirements shall be the same as would Certain other material, such as following methods: be applicable if the sources were located copyrighted material, is not placed on A. Federal eRulemaking Portal: in the COA. Because the OCS http://www.regulations.gov: Follow the the Internet and will be publicly available only in hard copy form. requirements are based on onshore on-line instructions for submitting requirements, and onshore requirements comments; Publicly available docket materials are available either electronically in http:// may change, section 328(a)(1) requires B. E-Mail: [email protected]; that EPA update the OCS requirements C. Mail: Natasha Greaves, Federal and www.regulations.gov or in hard copy as necessary to maintain consistency Delegated Air Programs Unit, U.S. during normal business hours at the with onshore requirements. Environmental Protection Agency, Office of Air, Waste and Toxics, U.S. Region 10, 1200 Sixth Avenue, Suite Environmental Protection Agency, Pursuant to § 55.12 of the OCS rule, 900, Mail Stop: AWT–107, Seattle, WA Region 10, 1200 Sixth Avenue, Seattle, consistency reviews will occur (1) at 98101; Washington 98101. least annually; (2) upon receipt of a D. Hand Delivery: U.S. Environmental FOR FURTHER INFORMATION CONTACT: Notice of Intent under § 55.4; or (3) Protection Agency Region 10, Attn: Natasha Greaves, Federal and Delegated when a state or local agency submits a Natasha Greaves (AWT–107), 1200 Sixth Air Programs Unit, Office of Air, Waste, rule to EPA to be considered for Avenue, Seattle, Washington 98101, 9th and Toxics, U.S. Environmental incorporation by reference in part 55. Floor. Such deliveries are only accepted Protection Agency, Region 10, 1200 This proposed action is being taken in during normal hours of operation, and Sixth Avenue, Suite 900, Mail Stop: response to the submittal of a Notice of special arrangements should be made AWT–107, Seattle, WA 98101; Intent on January 9, 2009 by Shell for deliveries of boxed information. telephone number: (206) 553–7079; e- Offshore, Inc. of Houston, Texas. Public Instructions: Direct your comments to mail address: [email protected]. comments received in writing within 30 Docket ID No. EPA–R10–OAR–2009– SUPPLEMENTARY INFORMATION: days of publication of this proposed rule 0111. EPA’s policy is that all comments Table of Contents will be considered by EPA before received will be included in the public publishing a final rule. docket without change and may be I. Background Information made available online at http:// Why Is EPA Taking This Action? Section 328(a) of the Act requires that www.regulations.gov, including any II. EPA’s Evaluation EPA establish requirements to control What Criteria Were Used To Evaluate Rules air pollution from OCS sources located personal information provided, unless Submitted To Update 40 CFR Part 55? the comment includes information III. Administrative Requirements within 25 miles of States’ seaward claimed to be Confidential Business A. Executive Order 12866: Regulatory boundaries that are the same as onshore Information (‘‘CBI’’) or other Planning and Review requirements. To comply with this information whose disclosure is B. Paperwork Reduction Act statutory mandate, EPA must restricted by statute. Do not submit C. Regulatory Flexibility Act incorporate applicable onshore rules information that you consider to be CBI D. Unfunded Mandates Reform Act into part 55 as they exist onshore. This or otherwise protected through http:// E. Executive Order 13132: Federalism limits EPA’s flexibility in deciding www.regulations.gov or e-mail. The F. Executive Order 13175: Coordination With Indian Tribal Governments which requirements will be http://www.regulations.gov Web site is G. Executive Order 13045: Protection of incorporated into part 55 and prevents an ‘‘anonymous access’’ system, which Children From Environmental Health EPA from making substantive changes means EPA will not know your identity Risks and Safety Risks to the requirements it incorporates. As or contact information unless you H. Executive Order 13211: Actions That a result, EPA may be incorporating rules provide it in the body of your comment. Significantly Affect Energy Supply, into part 55 that do not conform to all If you send an e-mail comment directly Distribution, or Use I. National Technology Transfer and of EPA’s state implementation plan to EPA without going through http:// (‘‘SIP’’) guidance or certain www.regulations.gov your e-mail Advancement Act requirements of the Act. address will be automatically captured I. Background Information and included as part of the comment Consistency updates may result in the that is placed in the public docket and Why Is EPA Taking This Action? inclusion of state or local rules or made available on the Internet. If you On September 4, 1992, EPA regulations into part 55, even though the submit an electronic comment, EPA promulgated 40 CFR part 55,1 which same rules may ultimately be recommends that you include your established requirements to control air disapproved for inclusion as part of the name and other contact information in SIP. Inclusion in the OCS rule does not the body of your comment and with any 1 The reader may refer to the Notice of Proposed imply that a rule meets the requirements disk or CD–ROM you submit. If EPA Rulemaking, December 5, 1991 (56 FR 63774), and of the Act for SIP approval, nor does it the preamble to the final rule promulgated cannot read your comment due to September 4, 1992 (57 FR 40792) for further imply that the rule will be approved by technical difficulties and cannot contact background and information on the OCS EPA for inclusion in the SIP. you for clarification, EPA may not be regulations.

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II. EPA’s Evaluation not subject to OMB Review. This rule will not have a significant economic implements requirements specifically impact on a substantial number of small What Criteria Were Used To Evaluate and explicitly set forth by the Congress entities. Small entities include small Rules Submitted To Update 40 CFR Part in section 328 of the Clean Air Act, businesses, small not-for-profit 55? without the exercise of any policy enterprises, and small governmental In updating 40 CFR part 55, EPA discretion by EPA. These OCS rules jurisdictions. reviewed the rules submitted for already apply in the COA, and EPA has This rule will not have a significant inclusion in part 55 to ensure that they no evidence to suggest that these OCS economic impact on a substantial are rationally related to the attainment rules have created an adverse material number of small entities. This rule or maintenance of federal or state effect. As required by section 328 of the implements requirements specifically ambient air quality standards or part C Clean Air Act, this action simply and explicitly set forth by the Congress of title I of the Act, that they are not updates the existing OCS requirements in section 328 of the Clean Air Act, designed expressly to prevent to make them consistent with rules in without the exercise of any policy exploration and development of the the COA. discretion by EPA. These OCS rules OCS and that they are applicable to OCS already apply in the COA, and EPA has B. Paperwork Reduction Act sources. 40 CFR 55.1. EPA has also no evidence to suggest that these OCS evaluated the rules to ensure they are The OMB has approved the rules have had a significant economic not arbitrary or capricious. 40 CFR 55.12 information collection requirements impact on a substantial number of small (e). In addition, EPA has excluded contained in 40 CFR part 55, and by entities. As required by section 328 of administrative or procedural rules,2 and extension this update to the rules, under the Clean Air Act, this action simply requirements that regulate toxics which the provisions of the Paperwork updates the existing OCS requirements are not related to the attainment and Reduction Act, 44 U.S.C. 3501 et seq. to make them consistent with rules in maintenance of federal and state and has assigned OMB control number the COA. Therefore, I certify that this ambient air quality standards. 2060–0249. The OMB Notice of Action action will not have a significant is dated January 15, 2009. The approval economic impact on a substantial III. Administrative Requirements expires January 31, 2012. number of small entities. OMB’s Notice of Action dated January A. Executive Order 12866: Regulatory D. Unfunded Mandates Reform Act Planning and Review 15, 2007 indicated that the, the annual public reporting and recordkeeping Title II of the Unfunded Mandates Under Executive Order 12866 (58 FR burden for collection of information Reform Act of 1995 (‘‘UMRA’’), Public 51735 (October 4, 1993)), the Agency under 40 CFR part 55 is estimated to Law 104–4, establishes requirements for must determine whether the regulatory average 112 hours per response. Burden Federal agencies to assess the effects of action is ‘‘significant’’ and therefore means the total time, effort, or financial their regulatory actions on State, local, subject to Office of Management and resources expended by persons to and tribal governments and the private Budget (‘‘OMB’’) review and the generate, maintain, retain, or disclose or sector. Under section 202 of the UMRA, requirements of the Executive Order. provide information to or for a Federal EPA generally must prepare a written The Order defines ‘‘significant agency. This includes the time needed statement, including a cost-benefit regulatory action’’ as one that is likely to review instructions; develop, acquire, analysis, for proposed and final rules to result in a rule that may: install, and utilize technology and with ‘‘Federal mandates’’ that may (1) Have an annual effect on the systems for the purposes of collecting, result in expenditures to State, local, economy of $100 million or more or validating, and verifying information, and tribal governments, in the aggregate, adversely affect in a material way the processing and maintaining or to the private sector, of $100 million economy, a sector of the economy, information, and disclosing and of more in any one year. productivity, competition, jobs, the providing information; adjust the Before promulgating an EPA rule for environment, public health or safety, or existing ways to comply with any which a written statement is needed, State, local, or tribal governments or previously applicable instructions and section 205 of the UMRA generally communities; requirements; train personnel to be able requires EPA to identify and consider a (2) Create a serious inconsistency or to respond to a collection of reasonable number of regulatory otherwise interfere with an action taken information; search data sources; alternatives and adopt the least costly, or planned by another agency; complete and review the collection of most cost-effective or least burdensome (3) Materially alter the budgetary information; and transmit or otherwise alternative that achieves the objectives impact of entitlements, grants, user fees, disclose the information. of the rule. The provisions of section or loan programs or the rights and An agency may not conduct or 205 do not apply when they are obligations of recipients thereof; or sponsor, and a person is not required to inconsistent with applicable law. (4) Raise novel legal or policy issues respond to, a collection of information Moreover, section 205 allows EPA to arising out of legal mandates, the unless it displays a currently valid OMB adopt an alternative other than the least President’s priorities, or the principles control number. The OMB control costly, most cost-effective or least set forth in the Executive Order. numbers for EPA’s regulations in 40 burdensome alternative if the This action is not a ‘‘significant CFR are listed in 40 CFR part 9 and are Administrator publishes with the final regulatory action’’ under the terms of identified on the form and/or rule an explanation why that alternative Executive Order 12866 and is therefore instrument, if applicable. was not adopted. Before EPA establishes any regulatory 2 Each COA which has been delegated the C. Regulatory Flexibility Act authority to implement and enforce part 55, will requirements that may significantly or use its administrative and procedural rules as The Regulatory Flexibility Act uniquely affect small governments, onshore. However, in those instances where EPA (‘‘RFA’’) generally requires an agency to including tribal governments, it must has not delegated authority to implement and conduct a regulatory flexibility analysis have developed under section 203 of the enforce part 55, as in Alaska, EPA will use its own administrative and procedural requirements to of any rule subject to notice and UMRA a small government agency plan. implement the substantive requirements. See 40 comment rulemaking requirements The plan must provide for notifying CFR 55.14 (c)(4). unless the agency certifies that the rule potentially affected small governments,

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enabling officials of affected small to implement the OCS rules. Thus, or safety effects of the planned rule on governments to have meaningful and Executive Order 13132 does not apply children, and explain why the planned timely input in the development of EPA to this rule. regulation is preferable to other regulatory proposals with significant In the spirit of Executive Order 13132, potentially effective and reasonably Federal intergovernmental mandates, and consistent with EPA policy to feasible alternatives considered by the and informing, educating, and advising promote communications between EPA Agency. small governments on compliance with and State and local governments, EPA This proposed rule is not subject to the regulatory requirements. specifically solicits comments on this Executive Order 13045 because it is not Today’s proposed rule contains no proposed rule from State and local economically significant as defined in Federal mandates (under the regulatory officials. Executive Order 12866. In addition, the provisions of Title II of the UMRA) for Agency does not have reason to believe F. Executive Order 13175: Coordination State, local, or tribal governments or the the environmental health or safety risks With Indian Tribal Governments private sector that may result in addressed by this action present a expenditures of $100 million or more Executive Order 13175, entitled disproportional risk to children. for State, local, or tribal governments, in ‘‘Consultation and Coordination with H. Executive Order 13211: Actions That the aggregate, or to the private sector in Indian Tribal Governments’’ (65 FR Significantly Affect Energy Supply, any one year. This rule implements 67249 (November 9, 2000)), requires Distribution, or Use requirements specifically and explicitly EPA to develop an accountable process set forth by the Congress in section 328 to ensure ‘‘meaningful and timely input This proposed rule is not subject to of the Clean Air Act without the by tribal officials in the development of Executive Order 13211, ‘‘Actions exercise of any policy discretion by regulatory policies that have tribal Concerning Regulations That EPA. These OCS rules already apply in implications.’’ This rule does not have Significantly Affect Energy Supply, the COA, and EPA has no evidence to a substantial direct effect on one or Distribution, or Use’’ [66 FR 28355 (May suggest that these OCS rules have more Indian tribes, on the relationship 22, 2001)] because it is not a significant created an adverse material effect. As between the Federal Government and regulatory action under Executive Order required by section 328 of the Clean Air Indian tribes or on the distribution of 12866. power and responsibilities between the Act, this action simply updates the I. National Technology Transfer and Federal Government and Indian tribes existing OCS requirements to make Advancement Act them consistent with rules in the COA. and thus does not have ‘‘tribal implications,’’ within the meaning of Section 12(d) of the National E. Executive Order 13132: Federalism Executive Order 13175. This rule Technology Transfer and Advancement Executive Orders 13132, entitled implements requirements specifically Act of 1995 (‘‘NTTAA’’), Public Law ‘‘Federalism’’ (64 FR 43255 (August 10, and explicitly set forth by the Congress 104–113, 12(d) (15 U.S.C. 272 note) 1999)), requires EPA to develop an in section 328 of the Clean Air Act, directs EPA to use voluntary consensus accountable process to ensure without the exercise of any policy standards in its regulatory activities ‘‘meaningful and timely input by State discretion by EPA. As required by unless to do so would be inconsistent and local officials in the development of section 328 of the Clean Air Act, this with applicable laws or otherwise regulatory policies that have federalism rule simply updates the existing OCS impractical. Voluntary consensus implications.’’ ‘‘Policies that have rules to make them consistent with standards are technical standards (e.g., federalism implications’’ is defined in current COA requirements. In addition, materials specifications, test methods, the Executive Order to include this rule does not impose substantial sampling procedures, and business regulations that have ‘‘substantial direct direct compliance costs on tribal practices) that are developed or adopted effects on the States, on the relationship governments, nor preempt tribal law. by voluntary consensus standards between the national government and Consultation with Indian tribes is bodies. The NTTAA directs EPA to the States, or on the distribution of therefore not required under Executive provide Congress, through OMB, power and responsibilities among the Order 13175. Nonetheless, in the spirit explanations when the Agency decided various levels of government.’’ of Executive Order 13175 and consistent not to use available and applicable This proposed rule does not have with EPA policy to promote voluntary consensus standards. federalism implications. It will not have communications between EPA and As discussed above, this rule substantial direct effects on the States, tribes, EPA specifically solicits implements requirements specifically on the relationship between the national comments on this proposed rule from and explicitly set forth by the Congress government and the States, or on the tribal officials. in section 328 of the Clean Air Act, distribution of power and without the exercise of any policy responsibilities among the various G. Executive Order 13045: Protection of discretion by EPA. As required by levels of government, as specified in Children From Environmental Health section 328 of the Clean Air Act, this Executive Order 13132. This rule Risks and Safety Risks rule simply updates the existing OCS implements requirements specifically Executive Order 13045: ‘‘Protection of rules to make them consistent with and explicitly set forth by the Congress Children from Environmental Health current COA requirements. In the in section 328 of the Clean Air Act, Risks and Safety Risks’’ (62 FR 19885 absence of a prior existing requirement without the exercise of any policy (April 23, 1997)), applies to any rule for the state to use voluntary consensus discretion by EPA. As required by that: (1) is determined to be standards and in light of the fact that section 328 of the Clean Air Act, this ‘‘economically significant’’ as defined EPA is required to make the OCS rules rule simply updates the existing OCS under Executive Order 12866, and (2) consistent with current COA rules to make them consistent with concerns an environmental health or requirements, it would be inconsistent current COA requirements. This rule safety risk that EPA has reason to with applicable law for EPA to use does not amend the existing provisions believe may have a disproportionate voluntary consensus standards in this within 40 CFR part 55 enabling effect on children. If the regulatory action. Therefore, EPA is not delegation of OCS regulations to a COA, action meets both criteria, the Agency considering the use of any voluntary and this rule does not require the COA must evaluate the environmental health consensus standards. EPA welcomes

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comments on this aspect of the 18 AAC 50.010. Ambient Air Quality Table 6. Concentrations Triggering an Air proposed rulemaking and, specifically, Standards (effective 1/18/97) Episode invites the public to identify potentially 18 AAC 50.015. Air Quality Designations, 18 AAC 50.260. Guidance for Best Available applicable voluntary consensus Classification, and Control Regions Retrofit Technology under the Regional (effective 1/18/97) except (d)(2) Haze Rule (effective 12/30/07) standards and to explain why such Table 1. Air Quality Classifications standards should be used in this 18 AAC 50.020. Baseline Dates and Article 3. Major Stationary Source Permits regulation. Maximum Allowable Increases (effective 1/ 18/97) 18 AAC 50.301. Permit Continuity (effective List of Subjects in 40 CFR Part 55 Table 2. Baseline Dates 10/1/04) except (b) Environmental protection, Table 3. Maximum Allowable Increases 18 AAC 50.302. Construction Permits Administrative practice and procedures, 18 AAC 50.025. Visibility and Other Special (effective 10/01/04) Air pollution control, Hydrocarbons, Protection Areas (effective 1/18/97) 18 AAC 50.306. Prevention of Significant 18 AAC 50.030. State Air Quality Control Deterioration (PSD) Permits (effective 10/ Incorporation by reference, Plan (effective 1/18/97) Intergovernmental relations, Nitrogen 01/04) except (c)(2) and (e) 18 AAC 50.035. Documents, Procedures, and 18 AAC 50.311. Nonattainment Area Major dioxide, Nitrogen oxides, Outer Methods Adopted by Reference (effective Stationary Source Permits (effective 10/01/ Continental Shelf, Ozone, Particulate 1/18/97) matter, Permits, Reporting and 18 AAC 50.040. Federal Standards Adopted 04) except (c) recordkeeping requirements, Sulfur by Reference (effective 1/18/97) except 18 AAC 50.316. Preconstruction Review for oxides. (a)(H), (a)(I). (a)(N) through (a)(P), (a)(R) Construction or Reconstruction of a Major through (a)(U), (a)(W), (a)(Y), (a)(AA), Source of Hazardous Air Pollutants Dated: February 20, 2009. (a)(CC) through (a)(EE), (a)(II)(a)(KK), (c)(4), (effective 10/01/04) except (c) Michelle L. Pirzadeh, (c)(5), (c)(12), (c)(14) through (c)(16), 18 AAC 50.321. Case-By-Case Maximum Acting Regional Administrator, Region 10. (c)(18), (c)(20), (c)(25), (c)(26) through Achievable Control Technology (effective (c)(29), (c)(30), (c)(31) and (g) 12/01/04) Title 40, chapter I of the Code of 18 AAC 50.045. Prohibitions (effective 1/18/ 18 AAC 50.326. Title V Operating Permits Federal Regulations, is proposed to be 97) (effective 10/01/04) except (c)(1), (h), (i)(3), amended as follows: 18 AAC 50.050. Incinerator Emissions Standards (effective 1/18/97) (j)(5), (j)(6), (k)(1)(k)(3), (k)(5), and (k)(6) PART 55—[AMENDED] Table 4. Particulate Matter Standards for 18 AAC 50.345. Construction, Minor and Incinerators Operating Permits: Standard Permit 1. The authority citation for part 55 18 AAC 50.055. Industrial Processes and Conditions (effective 1/18/97) continues to read as follows: Fuel-Burning Equipment (effective 1/18/ 18 AAC 50.346. Construction and Operating 97) except (a)(3) through (a)(9), (b)(2)(A), Authority: Section 328 of the Act (42 Permits: Other Permit Conditions (effective (b)(4) through (b)(6), (e) and (f) U.S.C. 7401, et seq.) as amended by Public 10/01/04) 18 AAC 50.065. Open Burning (effective 1/ Table 7. Standard Operating Permit Law 101–549. 18/97) Condition 2. Section 55.14 is amended by 18 AAC 50.070. Marine Vessel Visible revising paragraph (e)(2)(i)(A) to read as Emission Standards (effective 1/18/97) Article 4. User Fees follows: 18 AAC 50.075. Wood-Fired Heating Device Visible Emission Standards (effective 1/18/ 18 AAC 50.400. Permit Administration Fees § 55.14 Requirements that apply to OCS 97) (effective 1/18/97) except (c)(1) through sources located within 25 miles of States’ 18 AAC 50.080. Ice Fog Standards (effective (c)(3), (c)(6), (k)(3) and (m)(3) seaward boundaries, by State. 1/18/97) 18 AAC 50.403. Negotiated Service * * * * * 18 AAC 50.085. Volatile Liquid Storage Tank Agreements (effective 1/29/05) (e) * * * Emission Standards (effective 1/18/97) 18 AAC 50.405. Transition Process for Permit 18 AAC 50.090. Volatile Liquid Loading Fees (effective 1/29/05) (2) * * * Racks and Delivery Tank Emission (i) * * * 18 AAC 50.410. Emission Fees (effective 1/ Standards (effective 1/18/97) 18/97) (A) State of Alaska Requirements 18 AAC 50.100. Nonroad Engines (effective 18 AAC 50.499. Definition for User Fee Applicable to OCS Sources, November 10/1/04) 9, 2008. 18 AAC 50.110. Air Pollution Prohibited Requirements (effective 1/29/05) * * * * * (effective 5/26/72) Article 5. Minor Permits 3. Appendix A to CFR part 55 is Article 2. Program Administration 18 AAC 50.502. Minor Permits for Air amended by revising paragraph (a)(1) 18 AAC 50.200. Information Requests Quality Protection (effective 10/1/04) under the heading ‘‘Alaska’’ to read as (effective 1/18/97) except (b)(1) through (b)(3), (b)(5), (d)(1) follows: 18 AAC 50.201. Ambient Air Quality and (d)(2) Appendix A to Part 55—Listing of State Investigation (effective 1/18/97) 18 AAC 50.508. Minor Permits Requested by 18 AAC 50.205. Certification (effective 1/18/ and Local Requirements Incorporated the Owner or Operator (effective 10/1/04) 97) 18 AAC 50.509. Construction of a Pollution by Reference Into Part 55, by State 18 AAC 50.215. Ambient Air Quality Control Project without a Permit (effective * * * * * Analysis Methods (effective 1/18/97) Table 5. Significant Impact Levels (SILs) 10/1/04) Alaska 18 AAC 50.220. Enforceable Test Methods 18 AAC 50.540. Minor Permit: Application (a) * * * (effective 1/18/97) (effective 10/1/04) (1) The following State of Alaska 18 AAC 50.225. Owner-Requested Limits 18 AAC 50.542. Minor Permit: Review and requirements are applicable to OCS Sources, (effective 1/18/97) except (c) through (g) Issuance (effective 10/1/04) except (a), December 3, 2005, Alaska Administrative 18 AAC 50.230. Preapproved Emission (b)(1), (b)(2), (b)(4), (b)(5), and (d) Code—Department of Environmental Limits (effective 1/18/97) except (d) 18 AAC 50.544. Minor Permits: Content Conservation. The following sections of Title 18 AAC 50.235. Unavoidable Emergencies (effective 10/1/04) 18, Chapter 50: and Malfunctions (effective 1/18/97) 18 AAC 50.546. Minor Permits: Revisions 18 AAC 50.240. Excess Emissions (effective (effective 10/1/04) Article 1. Ambient Air Quality Management 1/18/97) 18 AAC 50.005. Purpose and Applicability of 18 AAC 50.245. Air Episodes and Advisories 18 AAC 50.560. General Minor Permits Chapter (effective 1/18/97) (effective 1/18/97) (effective 10/1/04) except (b)

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Article 9. General Provisions therefore, it does not contain any Best Copy and Printing, Inc., 445 12th 18 AAC 50.990. Definitions (effective 1/18/ information collection burden ‘‘for Street, SW., Room CY-B402, 97) small business concerns with fewer than Washington, DC 20554, telephone 1– * * * * * 25 employees,’’ pursuant to the Small 800–478–3160 or via e-mail http:// Business Paperwork Relief Act of 2002, www.BCPIWEB.com. To request this [FR Doc. E9–4465 Filed 3–2–09; 8:45 am] Public Law 107–198, see 44 U.S.C. document in accessible formats BILLING CODE 6560–50–P 3506(c)(4). Provisions of the Regulatory (computer diskettes, large print, audio Flexibility Act of 1980 do not apply to recording, and Braille), send an e-mail this proceeding. to [email protected] or call the FEDERAL COMMUNICATIONS This document is not subject to the Commission’s Consumer and COMMISSION Congressional Review Act. (The Governmental Affairs Bureau at (202) Commission, is, therefore, not required 418–0530 (voice), (202) 418–0432 47 CFR Part 73 to submit a copy of this Order to the (TTY). This document does not contain [DA 08–2088; MB Docket No. 08–149; RM– Government Accountability Office, information collection requirements 11475] pursuant to the Congressional Review subject to the Paperwork Reduction Act Act, see 5 U.S.C. 801(a)(1)(A) since this of 1995, Public Law 104–13. In addition, Television Broadcasting Services; proposed rule is dismissed, herein.) therefore, it does not contain any Columbus, GA Federal Communications Commission. information collection burden ‘‘for AGENCY: Federal Communications Clay C. Pendarvis, small business concerns with fewer than 25 employees,’’ pursuant to the Small Commission. Associate Chief, Video Division, Media ACTION: Dismissal. Bureau. Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. [FR Doc. E9–4486 Filed 3–2–09; 8:45 am] SUMMARY: The Commission, at the 3506(c)(4). Provisions of the Regulatory request of petitioner Georgia Public BILLING CODE 6712–01–P Flexibility Act of 1980 do not apply to Telecommunications Commission this proceeding. (‘‘GPTC’’), permittee of noncommercial FEDERAL COMMUNICATIONS This document is not subject to the educational station WJSP–DT, DTV COMMISSION Congressional Review Act. (The channel *23, Columbus, Georgia, Commission, is, therefore, not required dismisses GPTC’s pending petition for 47 CFR Part 73 to submit a copy of this Order to the rulemaking to substitute DTV channel Government Accountability Office, *11 for post-transition DTV channel *23 [DA 09–409; MB Docket No. 08–233; RM– pursuant to the Congressional Review at Columbus. 11505] Act, see 5 U.S.C. 801(a)(1)(A) since this FOR FURTHER INFORMATION CONTACT: Television Broadcasting Services; proposed rule is dismissed, herein.) Adrienne Y. Denysyk, Media Bureau, Waco, TX Federal Communications Commission. (202) 418–1600. Clay C. Pendarvis SUPPLEMENTARY INFORMATION: This is a AGENCY: Federal Communications Commission. Associate Chief, Video Division, Media synopsis of the Commission’s Order, Bureau. MB Docket No. 08–149, adopted ACTION: Dismissal. [FR Doc. E9–4484 Filed 3–2–09; 8:45 am] September 10, 2008, and released BILLING CODE 6712–01–P September 10, 2008. The full text of this SUMMARY: The Commission, at the document is available for public request of petitioner Comcorp of Texas License Corp. (‘‘Comcorp’’), the inspection and copying during normal DEPARTMENT OF TRANSPORTATION business hours in the FCC’s Reference permittee of post-transition DTV Information Center at Portals II, CY– channel 44, Waco, Texas, dismisses Comcorp’s pending petition for National Highway Traffic Safety A257, 445 12th Street, SW., Administration Washington, DC 20554. This document rulemaking to substitute DTV channel 25 for post-transition DTV channel 44 at will also be available via ECFS (http:// 49 CFR Parts 531 and 533 www.fcc.gov/cgb/ecfs/). (Documents Waco. will be available electronically in ASCII, FOR FURTHER INFORMATION CONTACT: [Docket No. NHTSA–2009–0042] Word 97, and/or Adobe Acrobat.) This Adrienne Y. Denysyk, Media Bureau, Passenger Car Average Fuel Economy document may be purchased from the (202) 418–1600. Standards—Model Years 2008–2020; Commission’s duplicating contractor, SUPPLEMENTARY INFORMATION: This is a Light Truck Average Fuel Economy Best Copy and Printing, Inc., 445 12th synopsis of the Commission’s Order, Standards—Model Years 2008–2020; Street, SW., Room CY–B402, MB Docket No. 08–233, adopted Request for Product Plan Information Washington, DC 20554, telephone 1– February 19, 2009, and released 800–478–3160 or via e-mail http:// February 20, 2009. The full text of this AGENCY: National Highway Traffic www.BCPIWEB.com. To request this document is available for public Safety Administration (NHTSA), document in accessible formats inspection and copying during normal Department of Transportation (DOT). (computer diskettes, large print, audio business hours in the FCC’s Reference ACTION: Request for comments. recording, and Braille), send an e-mail Information Center at Portals II, CY– to [email protected] or call the A257, 445 12th Street, SW., SUMMARY: The purpose of this request Commission’s Consumer and Washington, DC, 20554. This document for comments is to acquire new and Governmental Affairs Bureau at (202) will also be available via ECFS (http:// updated information regarding vehicle 418–0530 (voice), (202) 418–0432 www.fcc.gov/cgb/ecfs/ ). (Documents manufacturers’ future product plans to (TTY). This document does not contain will be available electronically in ASCII, assist the agency in assessing what information collection requirements Word 97, and/or Adobe Acrobat.) This corporate average fuel economy (CAFE) subject to the Paperwork Reduction Act document may be purchased from the standards should be established for of 1995, Public Law 104–13. In addition, Commission’s duplicating contractor, model years 2012 through 2016

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passenger cars and light trucks. The I. Introduction extent feasible, a forthcoming report by establishment of those standards is NHTSA has been issuing Corporate the National Academy of Sciences, required by the Energy Policy and Average Fuel Economy (CAFE) mandated under section 107 of EISA, Conservation Act, as amended by the standards since the late 1970’s under assessing the costs and effectiveness of Energy Independence and Security Act the Energy Policy and Conservation Act existing and potential automotive (EISA) of 2007, Public Law 110–140. technologies that can practicably used (EPCA). The CAFE program conserves 1 DATES: Comments must be received on petroleum, a non-renewable energy to improve fuel economy. To assist the agency in analyzing or before May 4, 2009. source, saves consumers money, and potential CAFE standards for MYs 2012 promotes energy independence and ADDRESSES: You may submit comments through 2016, NHTSA is requesting security by reducing dependence on [identified by Docket No. NHTSA– updated future product plans from foreign oil. It also reduces carbon 2009–0042] by any of the following vehicle manufacturers, as well as dioxide (CO ) emissions from the methods: 2 production data through the recent past, • Federal eRulemaking Portal: Go to tailpipes of new motor vehicles and including data about engines and http://www.regulations.gov. Follow the thus climate change. transmissions for MY 2008 through MY The Energy Independence and online instructions for submitting 2020 passenger cars and light trucks and Security Act (EISA) amended EPCA by comments. the assumptions underlying those plans. mandating that model year (MY) 2011– NHTSA requests information for MYs Mail: Docket Management Facility, 2020 standards be set to ensure that the U.S. Department of Transportation, 1200 2008–2020 to aid NHTSA in developing industry-wide average of all new a realistic forecast of the MY 2012–2016 New Jersey Avenue, SE., West Building passenger cars and light trucks, Ground Floor, Room W12–140, vehicle market. Information regarding combined, is at least 35 miles per gallon earlier model years may help the agency Washington, DC 20590. (mpg) by MY 2020. This is a minimum • to better account for cumulative effects Hand Delivery or Courier: West requirement, as NHTSA must set Building Ground Floor, Room W12–140, such as volume- and time-based standards at the maximum feasible level reductions in costs, and also may help 1200 New Jersey Avenue, SE., between in each model year. NHTSA will 9 a.m. and 5 p.m. ET, Monday through to reveal product mix and technology determine, based on all of the relevant application trends during model years Friday, except Federal holidays. circumstances, whether that calls for Telephone: 1–800–647–5527. for which the agency is currently establishing standards that reach the 35 receiving actual CAFE compliance data. • Fax: 202–493–2251 mpg goal earlier than MY 2020. Information regarding later model years Instructions: All submissions must EISA also mandated that the CAFE helps the agency gain a better include the agency name and docket standards be based on one or more understanding of how manufacturers’ number for this proposed collection of vehicle attribute. For example, size- plans through MY 2016 relate to their information. Note that all comments based (i.e., size-indexed) standards longer-term expectations regarding EISA received will be posted without change assign higher fuel economy targets to requirements, market trends, and to http://www.regulations.gov, including smaller vehicles and lower ones to prospects for more advanced any personal information provided. larger vehicles. The fleet wide average technologies (such as HCCI engines, and Please see the Privacy Act heading fuel economy that a particular plug-in hybrid, electric, and fuel cell below. manufacturer must achieve depends on vehicles, among others). NHTSA will Privacy Act: Anyone is able to search the size mix of its fleet. This approach also consider information from model the electronic form of all comments ensures that all manufacturers will be years before and after MYs 2012–2016 received into any of our dockets by the required to incorporate fuel-saving when reviewing manufacturers’ planned name of the individual submitting the technologies across a broad range of schedules for redesigning and comment (or signing the comment, if their passenger car and light truck fleets. freshening their products, in order to submitted on behalf of an association, NHTSA proposed in April 2008 to examine how manufacturers anticipate business, labor union, etc.). You may begin implementing EISA by tying technology introduction to review DOT’s complete Privacy Act establishing CAFE standards for MYs product design schedules. In addition, Statement in the Federal Register 2011–2015. In a January 26, 2009 the agency is requesting information published on April 11, 2000 (65 FR memorandum, the President requested regarding manufacturers’ estimates of 19477–78) or you may visit http:// NHTSA to divide its rulemaking into the future vehicle population, and fuel www.dot.gov/privacy.html. two parts. First, he requested that the economy improvements and Docket: For access to the docket to agency issue a final rule adopting CAFE incremental costs attributed to read background documents or standards for MY 2011 only, and do so technologies reflected in those plans. comments received, go to http:// by March 30, 2009 in order to comply The request for information is detailed www.regulations.gov and follow the with EPCA, which requires that a final in appendices to this notice. NHTSA online instructions, or visit the Docket rule establishing fuel economy has also included a number of questions Management Facility at the street standards for a model year be adopted directed primarily toward vehicle address listed above. at least 18 months before the beginning manufacturers. They can be found in of the model year (49 U.S.C. 32902(a)). Appendix A to this notice. Answers to FOR FURTHER INFORMATION CONTACT: Mr. The agency is working to issue a final those questions will assist the agency in Peter Feather, Fuel Economy Division rule for MY 2011 in accordance with its analysis. Chief, Office of International Policy, that schedule. Given the importance that responses Fuel economy and Consumer Programs, Second, the President requested that to this request for comment may have in at (202) 366–0846, facsimile (202) 493– NHTSA establish standards for MY 2012 NHTSA’s upcoming CAFE rulemaking, 2290, electronic mail and later after considering the [email protected]. For legal issues, appropriate legal factors, the comments 1 A copy of the President’s memorandum is _ call Ms. Rebecca Yoon, Office of the filed in response to the May 2008 available at http://www.whitehouse.gov/the Chief Counsel, at (202) 366–2992. press_office/The_Energy_Independence_and proposal, the relevant technological and _Security_Act_of_2007/ (last accessed Feb. 13, SUPPLEMENTARY INFORMATION: scientific considerations, and, to the 2009).

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either as part of the basis for the manufacturers may refer to when Will the Agency Consider Late proposed standards or as an submitting their data to the agency. Comments? independent check on them, NHTSA In addition, NHTSA would like to We will consider all comments that intends to review carefully and note that we will share the information critically all data provided by submitted in response to this notice Docket Management receives before the commenters. It is crucial that with the Environmental Protection close of business on the comment commenters fully respond to each Agency (EPA). This sharing will closing date indicated above under question, particularly by providing facilitate our consideration of the DATES. Due to the time frame of the information regarding the basis for appropriate factors to be used in upcoming rulemaking, we will be very technology costs and effectiveness establishing fuel economy standards for limited in our ability to consider estimates. Additionally, the agency MY 2012 and beyond. We will ensure comments filed after the comment notes that, in connection with recent that confidential information that is closing date. If a comment is received deliberations regarding federal shared is protected from disclosure in too late for us to consider it in assistance to the industry, some accordance with NHTSA’s practices in developing a final rule, we will consider manufacturers submitted short business that comment as an informal suggestion 2 this area. plans to Congress in December 2008 for future rulemaking action. and restructuring plans to the Treasury II. Submission of Comments 3 Department in February 2009, and that How Do I Prepare and Submit How Can I Read the Comments some statements in these plans suggest Comments? Submitted by Other People? that manufacturers’ product plans may have changed considerably since Comments should be submitted using You may read the comments received NHTSA last received detailed the spreadsheet template described by Docket Management at the address confidential product plans in July 2008. above. Please include the docket given above under ADDRESSES. The In light of these statements, and in light number of this document in your hours of the Docket are indicated above of the current uncertainty surrounding comments. Please submit two copies of in the same location. You may also see the auto industry, NHTSA will closely your comments, including the the comments on the Internet. To read review the product plans submitted in attachments, to Docket Management at the comments on the Internet, take the response to today’s request. We will the address given above under following steps: carefully assess any significant apparent ADDRESSES. Comments may also be (1) Go to http://www.regulations.gov. discrepancies between submitted submitted to the docket electronically product plans and manufacturers’ by logging onto http:// (2) On that page, in the field marked public statements. www.regulations.gov. Click on ‘‘How to ‘‘search,’’ type in the docket number To facilitate the submission of Use This Site’’ and then ‘‘User Tips’’ to provided at the top of this document. comments and to help ensure the obtain instructions for filing the (3) The next page will contain results conformity of data received regarding document electronically. for that docket number; it may help you manufacturers’ product plans from MY to sort by ‘‘Date Posted: Oldest to 2008 through MY 2020, NHTSA has How Can I Be Sure That My Comments Recent.’’ developed spreadsheet templates for Were Received? manufacturers’ use. The uniformity (4) On the results page, click on the If you wish Docket Management to provided by these spreadsheets is desired comments. You may download notify you upon its receipt of your intended to aid and expedite our the comments. However, since the comments, enclose a self-addressed, review, integration, and analysis of the comments are imaged documents, stamped postcard in the envelope information provided. These templates instead of word processing documents, containing your comments. Upon are the agency’s strongly preferred the downloaded comments may not be receiving your comments, Docket format for data submittal, and can be word searchable. Management will return the postcard by found on the Volpe National mail. Please note that even after the Transportation Systems Center (Volpe comment closing date, we will continue Center) Web site at ftp:// How Do I Submit Confidential Business to file relevant information in the ftpserver.volpe.dot.gov/pub/CAFE/ Information? Docket as it becomes available. templates/ or can be requested from Mr. Accordingly, we recommend that you Peter Feather at [email protected]. If you wish to submit any information The templates include an automated under a claim of confidentiality, you periodically check the Docket for new tool (i.e., a macro) that performs some should submit three copies of your material. auditing to identify missing or complete submission, including the Anyone is able to search the potentially erroneous entries. The information you claim to be confidential electronic form of all comments appendices to this document also business information, to the Chief received into any of our dockets by the include sample tables that Counsel, NHTSA, at the address given name of the individual submitting the above under FOR FURTHER INFORMATION comment (or signing the comment, if 2 Links to these business plans may be found at CONTACT. In addition, you should submitted on behalf of an association, submit a copy from which you have http://financialservices.house.gov/ business, labor union, etc.). You may autostabilization.html (last accessed February 13, deleted the claimed confidential review DOT’s complete Privacy Act 2008). business information to the docket. 3 Chrysler’s submission to the Treasury Statement in the Federal Register Department is available at http://www.treasury.gov/ When you send a comment containing information claimed to be confidential published on April 11, 2000 (Volume initiatives/eesa/agreements/auto-reports/ 65, Number 70; Pages 19477–78) or you ChryslerRestructuringPlan.pdf (last accessed Feb. business information, you should 19, 2009), and GM’s submission to the Treasury include a cover letter setting forth the may visit http://www.dot.gov/ Department is available at http://www.treasury.gov/ privacy.html. initiatives/eesa/agreements/auto-reports/ information specified in our GMRestructuringPlan.pdf (last accessed Feb. 19, confidential business information Authority: 49 U.S.C. 32902; delegation of 2009). regulation. (49 CFR Part 512.) authority at 49 CFR 1.50.

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Issued on: February 26, 2009. 15. ‘‘Project’’ or ‘‘projection’’ refers to the Engines having the same displacement but Stephen R. Kratzke, best estimates made by respondent, whether belonging to different engine families are to be grouped separately. Within the fleet, the Associate Administrator for Rulemaking. or not based on less than certain information. 16. ‘‘Redesign’’ means any change, or vehicles are to be sorted first by car or truck Appendix A combination of changes, to a vehicle that line, second by basic engine, and third by would change its weight by 50 pounds or transmission type. For each model type, a I. Definitions more or change its frontal area or specific indexed engine and transmission are As used in these appendices— aerodynamic drag coefficient by 2 percent or to be identified. As applicable, an indexed 1. ‘‘Automobile,’’ ‘‘fuel economy,’’ the implementation of new engine or predecessor model type is also to be ‘‘manufacturer,’’ and ‘‘model year (MY),’’ transmission. identified. Spreadsheet templates can be have the meaning given them in Section 17. ‘‘Refresh’’ means any change, or found at ftp://ftpserver.volpe.dot.gov/pub/ 32901 of Chapter 329 of Title 49 of the combination of changes, to a vehicle that CAFE/templates/. These templates include United States Code, 49 U.S.C. 32901. would change its weight by less than 50 codes and definitions for the data that the 2. ‘‘Basic engine’’ has the meaning given in pounds and would not change its frontal area agency is seeking, including, but not limited 40 CFR 600.002–93(a)(21). or aerodynamic drag coefficient. to the following: 3. ‘‘Cargo-carrying volume,’’ ‘‘gross vehicle 18. ‘‘Relating to’’ means constituting, A. General Information weight rating’’ (GVWR), and ‘‘passenger- defining, containing, explaining, embodying, carrying volume’’ are used as defined in 49 1. Vehicle Number—a unique number reflecting, identifying, stating, referring to, assigned to each model. CFR 523.2. dealing with, or in any way pertaining to. 4. ‘‘CARB’’ means California Air Resource 2. Manufacturer—manufacturer’s name 19. ‘‘Respondent’’ means each (e.g., Toyota). Board. manufacturer (including all its divisions) 5. ‘‘Domestically manufactured’’ is used as 3. Model—name of model (e.g., Camry). providing answers to the questions set forth 4. Nameplate—vehicle nameplate (e.g., defined in Section 32904(b)(2) of Chapter in this appendix, and its officers, employees, 329, 49 U.S.C. 32904(b)(2). Camry Solara). agents or servants. 5. Primary Fuel—classified as CNG = 6. ‘‘Footprint’’ means the product of 20. ‘‘RPE’’ means retail price equivalent. average track width (measured in inches and compressed natural gas; D = diesel; E = 21. ‘‘Test Weight’’ is used as defined in 40 electricity; E–85 = ethanol; E100 = neat rounded to the nearest tenth of an inch) times CFR 86.082–2. ethanol; G = gasoline; H = hydrogen; LNG = wheelbase (measured in inches and rounded 22. ‘‘Track Width’’ means the lateral liquefied natural gas; LPG = propane; M85 = to the nearest tenth of an inch) divided by distance between the centerlines of the base methanol; M100 = neat methanol 144 and then rounded to the nearest tenth of tires at ground, including the camber angle. 6. Fuel Economy on Primary Fuel— a square foot as described in 49 CFR Part 23. ‘‘Truckline’’ means the name assigned measured in miles per gallon; laboratory fuel 523.2. by the Environmental Protection Agency to a economy (weighted FTP+highway GEG, 7. ‘‘Light truck’’ means an automobile of different group of vehicles within a make or exclusive of any calculation under 49 U.S.C. the type described in 49 CFR Part 523.3 and car division in accordance with that agency’s 32905). 523.5. 2001 model year pickup, van (cargo vans and 7. Secondary Fuel—classified as CNG = 8. A ‘‘model’’ of passenger car is a line, passenger vans are considered separate truck compressed natural gas; D = diesel; E = such as the Chevrolet Impala, Ford Fusion, lines), and special purpose vehicle criteria. electricity; E–85 = ethanol; E100 = neat Honda Accord, etc., which exists within a 24. ‘‘Variants of existing engines’’ means ethanol; G = gasoline; H = hydrogen; LNG = manufacturer’s fleet. versions of an existing basic engine that liquefied natural gas; LPG = propane; M85 = 9. ‘‘Model Type’’ is used as defined in 40 differ from that engine in terms of methanol; M100 = neat methanol. CFR 600.002–93(a)(19). displacement, method of aspiration, 8. Fuel Economy on Secondary Fuel— 10. ‘‘MY’’ means model year. induction system or that weigh at least 25 measured in miles per gallon; laboratory fuel 11. ‘‘Passenger car’’ means an automobile pounds more or less than that engine. economy (weighted FTP+highway GEG, of the type described in 49 CFR Part 523.3 25. ‘‘Wheelbase’’ means the longitudinal exclusive of any calculation under 49 U.S.C. and 523.4. distance between front and rear wheel 32905). 12. ‘‘Percent fuel economy improvements’’ centerlines. 9. Tertiary Fuel—classified as CNG = means that percentage which corresponds to compressed natural gas; D = diesel; E = II. Assumptions the amount by which respondent could electricity; E–85 = ethanol; E100 = neat improve the fuel economy of vehicles in a All assumptions concerning emission ethanol; G = gasoline; H = hydrogen; LNG = given model or class through the application standards, damageability regulations, safety liquefied natural gas; LPG = propane; M85 = of a specified technology, averaged over all standards, etc., should be listed and methanol; M100 = neat methanol vehicles of that model or in that class which described in detail by the respondent. 10. Fuel Economy on Tertiary Fuel— feasibly could use the technology. Projections measured in miles per gallon; laboratory fuel of percent fuel economy improvement should III. Specifications—Passenger Car and Light Truck Data economy (weighted FTP+highway GEG, be based on the assumption of maximum exclusive of any calculation under 49 U.S.C. efforts by respondent to achieve the highest Go to ftp://ftpserver.volpe.dot.gov/pub/ 32905). possible fuel economy increase through the CAFE/templates/ for spreadsheet templates. 11. CAFE Fuel Economy—measured in application of the technology. The baseline 1. Identify all passenger car and light truck miles per gallon; laboratory fuel economy for determination of percent fuel economy models offered for sale in MY 2008 whose (weighted FTP+highway GEG, inclusive of improvement is the level of technology and production respondent projects any calculation under 49 U.S.C. 32905) vehicle performance with respect to discontinuing before MY 2011 and identify 12. Engine Code—unique number assigned acceleration and gradeability for respondent’s the last model year in which each will be to each engine. 2008 model year passenger cars or light offered. A. Manufacturer—manufacturer’s name trucks in the equivalent class. 2. Identify all basic engines offered by (e.g., General Motors, Ford, Toyota, Honda). 13. ‘‘Percent production implementation respondent in MY 2008 passenger cars and B. Name—name of engine. rate’’ means that percentage which light trucks which respondent projects it will C. Configuration—classified as V = V- corresponds to the maximum number of cease to offer for sale in passenger cars before shaped; I = inline; R = rotary, H = passenger cars or light trucks of a specified MY 2011, and identify the last model year in horizontally opposed (boxer). class, which could feasibly employ a given which each will be offered. D. Primary Fuel—classified as CNG = type of technology if respondent made 3. For each model year 2008–2020, list all compressed natural gas, D = diesel, E85 = maximum efforts to apply the technology by known or projected car and truck lines and ethanol, E100 = neat ethanol, G = gasoline, a specified model year. provide the information specified below for H = hydrogen, LNG = liquefied natural gas, 14. ‘‘Production percentage’’ means the each model type. Model types that are LPG = propane, M85 = methanol, M100 = percent of respondent’s passenger cars or essentially identical except for their neat methanol. light trucks of a specified model projected to nameplates (e.g., Ford Fusion/Mercury E. Secondary Fuel—classified as CNG = be manufactured in a specified model year. Milan) may be combined into one item. compressed natural gas, D = diesel, E85 =

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ethanol, E100 = neat ethanol, G = gasoline, V. Max. Horsepower RPM—rpm at which Subclass Example vehicles H = hydrogen, LNG = liquefied natural gas, maximum horsepower is achieved. LPG = propane, M85 = methanol, M100 = W. Max. Torque—the maximum torque of Midsize Per- Chevy Corvette, Ford Mus- neat methanol. the engine, measured as lb-ft. formance. tang (V8), Nissan G37 F. Country of Origin—name of country X. Max Torque RPM—rpm at which Coupe. where engine is manufactured. maximum torque is achieved. Large ...... Audi A8, Cadillac CTS and G. Engine Oil Viscosity—typical values as 13. Transmission Code—unique number DTS. text include 0W20, 5W20, etc.; ratio between assigned to each transmission. Large Perform- Bentley Arnage, Daimler the applied shear stress and the rate of shear, A. Manufacturer—manufacturer’s name ance. CL600. which measures the resistance of flow of the (e.g., General Motors, Ford, Toyota, Honda). Minivans ...... Dodge Caravan, Toyota Si- engine oil (as per SAE Glossary of B. Name—name of transmission. enna. Automotive Terms). C. Country of origin—where the Small SUV/ Ford Escape & Ranger, Nis- H. Cycle—combustion cycle of engine: transmission is manufactured. Pickup/Van. san Rogue. classified as A = Atkinson, AM = Atkinson/ D. Type—type of transmission: classified Midsize SUV/ Chevy Colorado, Jeep Wran- Miller, D = Diesel, M = Miller, O = Otto, OA as M = manual, A = automatic (torque Pickup/Van. gler 4-door, Volvo XC70, = Otto/Atkinson. converter), AMT = automated manual Toyota Tacoma. I. Air/Fuel Ratio—the weighted (FTP + transmission (single clutch w/ torque Large SUV/ Chevy Silverado, Ford highway) air/fuel ratio (mass); a number interrupt), DCT = dual clutch transmission, Pickup/Van. Econoline, Toyota Se- generally around 14.7. CVT1 = belt or chain CVT, CVT2 = other CVT J. Fuel Delivery System—mechanism that (e.g., toroidal), HEVT = hybrid/electric quoia. delivers fuel to engine: classified as SGDI = vehicle transmission (for a BISG or CISG type stoichiometric gasoline direct injection; hybrid please define the actual transmission 2. Style—classified as Convertible, Coupe, LBGDI = lean-burn gasoline direct injection; used, not HEVT). Hatchback, Sedan, Minivan, Pickup, Sport SFI = sequential fuel injection; MPFI = E. Clutch Type—type of clutch used in Utility, Van, Wagon. multipoint fuel injection; TBI = throttle body AMT or DCT type transmission: D = dry, W 3. Light Truck Indicator—an integer; a fuel injection; CRDI = common rail direct = wet. unique number(s) assigned to each vehicle injection (diesel); UDI = unit injector direct F. Number of Forward Gears—classified as which represents the design feature(s) that injection (diesel). an integer indicating the number of forward classify it as a light truck. classified as: (0) K. Aspiration—breathing or induction gears; ‘‘CVT’’ for a CVT type transmission; or The vehicle neither has off-road design process of engine (as per SAE Automotive ‘‘n/a’’ for an electric vehicle. features (defined under 49 CFR 523.5(b) and Dictionary); classified as NA = naturally G. Logic—indicates aggressivity of described by numbers 1 and 2 below) nor has aspirated, S = supercharged, T = automatic shifting: classified as A = functional characteristics (defined under 49 turbocharged, T2 = twin turbocharged, T4 = aggressive, C = conventional U.S. Provide CFR 523.5(a) and described by numbers 3 quad-turbocharged, ST = supercharged and rationale for selection in the transmission through 7 below) that would allow it to be turbocharged. notes column. properly classified as a light truck, thus the L. Valvetrain Design—design of the total 14. Origin—classification (under CAFE vehicle is properly classified as a passenger mechanism from camshaft to valve of an program) as domestic or import: D = car. engine that actuates the lifting and closing of domestic, I = import. > An automobile capable of off-highway operation, as indicated by the fact that it: a valve (as per SAE Glossary of Automotive B. Production Terms): classified as CVA = camless valve (1)(i) Has 4-wheel drive; or actuation, DOHC = dual overhead cam, OHV 1. Production—actual and projected U.S. (ii) Is rated at more than 6,000 pounds = overhead valve, SOHC = single overhead production for MY 2008 to MY 2020 gross vehicle weight; and cam. inclusive, measured in number of vehicles. (2) Has at least four of the following M. Valve Actuation/Timing—valve 2. Percent of Production Regulated by characteristics calculated when the opening and closing points in the operating CARB Standards—percent of production automobile is at curb weight, on a level cycle (as per SAE J604): classified as F = volume that will be regulated under CARB’s surface, with the front wheels parallel to the fixed, ICP = intake cam phasing, CCP = AB 1493 for MY 2008 to MY 2020 inclusive. automobile’s longitudinal centerline, and the coupled cam phasing, DCP = dual cam C. MSRP—measured in dollars (2009); actual tires inflated to the manufacturer’s phasing. and projected average MSRP (sales-weighted, recommended pressure— N. Valve Lift—describes the manner in including options) for MY 2008 to MY 2020 (i) Approach angle of not less than 28 which the valve is raised during combustion inclusive. degrees. (as per SAE Automotive Dictionary): (ii) Breakover angle of not less than 14 D. Vehicle Information classified as F = fixed, DVVL = discrete degrees. variable valve lift, CVVL = continuously 1. Subclass—for technology application (iii) Departure angle of not less than 20 variable valve lift. purposes only and should not be confused degrees. O. Cylinders—the number of engine with vehicle classification for regulatory (iv) Running clearance of not less than 20 cylinders: an integer equaling 3, 4, 5, 6, 8, 10 purposes: classified as Subcompact, centimeters. or 12. Subcompact Performance, Compact, Compact (v) Front and rear axle clearances of not P. Valves/Cylinder—the number of valves Performance, Midsize, Midsize Performance, less than 18 centimeters each. per cylinder: an integer from 2 through 5. Large, Large Performance, Minivan, Small > An automobile designed to perform at Q. Deactivation—presence of cylinder LT, Midsize LT, Large LT; where LT = SUV/ least one of the following functions: deactivation mechanism: classified as Y = Pickup/Van; use tables below, with example (3) Transport more than 10 persons; cylinder deactivation applied; N = cylinder vehicles, to place vehicles into most (4) Provide temporary living quarters; deactivation not applied. appropriate subclass. (5) Transport property on an open bed; R. Displacement—total volume displaced (6) Provide, as sold to the first retail by a piston in a single stroke multiplied by Subclass Example vehicles purchaser, greater cargo-carrying than the number of cylinders; measured in liters. passenger-carrying volume, such as in a cargo S. Compression Ratio (min)—typically a Subcompact ... Chevy Aveo, Honda Civic. van; if a vehicle is sold with a second-row number between 8 and 11 (for fixed CR Subcompact Mazda Miata, Saturn Sky. seat, its cargo-carrying volume is determined engines, should be identical to maximum Performance. with that seat installed, regardless of whether CR). Compact ...... Chevy Cobalt, Nissan Sentra the manufacturer has described that seat as T. Compression Ratio (max)—typically a and Altima. optional; or number between 8 and 20 (for fixed CR Compact Per- Audi S4 Quattro, Mazda (7) Permit expanded use of the automobile engines, should be identical to minimum formance. RX8. for cargo-carrying purposes or other CR). Midsize ...... Chevy Camaro (V6), Toyota nonpassenger-carrying purposes through: U. Max. Horsepower—the maximum power Camry, Honda Accord, (i) For non-passenger automobiles of the engine, measured as horsepower. Hyundai Azera. manufactured prior to model year 2012, the

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removal of seats by means installed for that 21. Test Weight—weight of vehicle as 46. Estimated Total CARB Credits— purpose by the automobile’s manufacturer or tested, including the driver, operator (if measured in grams per mile, g/mile CO2 with simple tools, such as screwdrivers and necessary), and all instrumentation (as per equivalent as reportable under California wrenches, so as to create a flat, floor level, SAE J1263), measured in pounds. ARB’s AB 1493 Regulation. surface extending from the forwardmost 22. GVWR—Gross Vehicle Weight Rating, E. Hybridization/Electrification point of installation of those seats to the rear as defined per 49 CFR 523.2 measured in of the automobile’s interior; or pounds. 1. Type of Hybrid/Electric vehicle— classified as MHEV = 12V micro hybrid, (ii) For non-passenger automobiles 23. Towing Capacity (Maximum)— BISG = belt mounted integrated starter manufactured in model year 2008 and measured in pounds. generator, CISG = crank mounted integrated beyond, for vehicles equipped with at least 24. Payload—measured in pounds. starter generator, PSHEV = power-split 3 rows of designated seating positions as 25. Cargo volume behind the front row— hybrid, 2MHEV = 2-mode hybrid, PHEV = standard equipment, permit expanded use of measured in cubic feet, defined per Table 28 of SAE J1100 (Sept. 2005). plug-in hybrid, EV = electric vehicle, H = the automobile for cargo-carrying purposes or hydraulic hybrid, P = pneumatic hybrid. other nonpassenger-carrying purposes 26. Cargo volume behind the second row— measured in cubic feet, defined per Table 28 2. Voltage (volts) or, for hydraulic hybrids, through the removal or stowing of foldable or pressure (psi). pivoting seats so as to create a flat, leveled of SAE J1100 (Sept. 2005). 27. Cargo volume behind the third row— 3. Energy storage capacity—measured in cargo surface extending from the MJ. forwardmost point of installation of those measured in cubic feet, defined per Table 28 of SAE J1100 (Sept. 2005). 4. Electric Motor Power Rating—measured seats to the rear of the automobile’s interior. in hp or kW. 4. Structure—classified as either L = 28. Enclosed Volume—measured in cubic feet. 5. Battery type—classified as NiMH = Ladder or U = Unibody. 29. Passenger Volume—measured in cubic Nickel Metal Hydride; Li-ion = Lithium Ion. 5. Drive—classified as A = all-wheel drive; feet; the volume measured using SAE J1100 6. Battery Only Range (charge depleting F = front-wheel drive; R = rear-wheel-drive; as per EPA Fuel Economy regulations (40 PHEV)—measured in miles. 4 = 4-wheel drive 4. CFR 600.315–82, ‘‘Classes of Comparable 7. Maximum Battery Only Speed— 6. Axle Ratio—ratio of the speed in Automobiles’’). This is the number that measured in miles per hour; maximum speed revolutions per minute of the drive shaft to manufacturers calculate and submit to EPA. at which a HEV can still operate solely on that of the drive wheels. 30. Cargo Volume Index—defined per battery power measured on a flat road using 7. Length—measured in inches; defined Table 28 of SAE J1100 (Sept. 2005). the vehicle’s FTP weight and coefficients. per SAE J1100, L103 (Sept. 2005). 31. Luggage Capacity—measured in cubic 8. Percentage of braking energy recovered 8. Width—measured in inches; defined per feet, defined per SAE J1100, V1 (Sept. 2005). and stored over weighted FTP + highway SAE J1100, W116 (Sept. 2005). 32. Seating (max)—number of usable seat drive cycle. 9. Wheelbase—measured to the nearest belts before folding and removal of seats 9. Percentage of maximum motive power tenth of an inch; defined per SAE J1100, (where accomplished without special tools), provided by stored energy system. L101 (Sept. 2005), and clarified above. provided in integer form. 10. Electrified Accessories—list of 10. Track Width (front)—measured to the 33. Number of Standard Rows of Seating— electrified accessories: classified as WP = nearest tenth of an inch; defined per SAE number of rows of seats that each vehicle water (coolant) pump, OP = oil pump, AC = J1100, W101–1 (Sept. 2005), and clarified comes with as standard equipment provided air conditioner compressor. above. in integer form (e.g., 1, 2 ,3, 4, or 5). F. Energy Consumption 5—of total fuel 11. Track Width (rear)—measured to the 34. Frontal Area—a measure of the wind energy (higher heating value) consumed over nearest tenth of an inch; defined per SAE profile of the vehicle, typically calculated as FTP and highway tests (each weighted as for J1100, W101–2 (Sept. 2005), and clarified the height times width of a vehicle body, e.g., items 5 and 6 above), shares attributable to above. 25 square feet. the following loss mechanisms, such that the 12. Footprint—the product of average track 35. Aerodynamic Drag Coefficient, Cd—a sum of the shares equals one. width (measured in inches and rounded to dimensionless coefficient that relates the 1. System irreversibility governed by the the nearest tenth of an inch) times wheelbase motion resistance force created by the air Second Law of Thermodynamics. (measured in inches and rounded to the drag over the entire surface of a moving 2. Heat lost to the exhaust and coolant nearest tenth of an inch) divided by 144 and vehicle to the force of dynamic air pressure streams. then rounded to the nearest tenth of a square acting only over the vehicle’s frontal area, 3. Engine friction (i.e., the part of foot; defined per 49 CFR 523.2. e.g., 0.25. mechanical efficiency lost to friction in such 13. Base Tire—the tire specified as 36. Tire Rolling Resistance, Crr—a engine components as bearings and rods, as standard equipment by a manufacturer on dimensionless coefficient that relates the could be estimated from engine each vehicle configuration of a model type motion resistance force due to tire energy dynamometer test results). (e.g., 275/40R17). losses (e.g., deflection, scrubbing, slip, and 4. Pumping losses (i.e., the part of 14. Running Clearance—measured in air drag) to a vehicle’s weight, e.g., 0.0012. mechanical efficiency lost to work done on centimeters, defined per 49 CFR 523.2. 37. Fuel Capacity—measured in gallons of gases inside the cylinder, as could be 15. Front Axle Clearance—measured in diesel fuel or gasoline; MJ (LHV) of other estimated from engine dynamometer test centimeters, defined per 49 CFR 523.2. fuels (or chemical battery energy). results). 16. Rear Axle Clearance—measured in 38. Electrical System Voltage—measured in 5. Accessory losses (i.e., the part of fuel centimeters, defined per 49 CFR 523.2. volts, e.g., 12 volt, 42 volts 2005). efficiency lost to work done by engine-driven 17. Approach Angle—measured in degrees, 39. Power Steering—H = hydraulic; E = accessories, as could be estimated from defined per 49 CFR 523.2. electric; EH = electro-hydraulic. bench test results for the individual 18. Breakover Angle—measured in degrees, 40. Percent of Production Volume components). defined per 49 CFR 523.2. Equipped with A/C. 6. Transmission losses (i.e., the part of 19. Departure Angle—measured in degrees, 41. A/C Refrigerant Type—e.g., HFC–134a, driveline efficiency lost to friction in such defined per 49 CFR 523.2. HFC–152a, CO2. transmission components as gears, bearings, 20. Curb Weight—total weight of vehicle 42. A/C Compressor Displacement— and hydraulics, as could be estimated from including batteries, lubricants, and other measured in cubic centimeters. chassis dynamometer test results). expendable supplies but excluding the 43. A/C CARB credit—measured in grams 7. Aerodynamic drag of the body, as could driver, passengers, and other payloads, per mile, g/mile CO2 equivalent as reportable be estimated from coast-down test results. measured in pounds; per SAE J1100 (Sept. under California ARB’s AB 1493 Regulation. 44. N O Emission Rate—measured in 2005). 2 5 This information is sought in order to account grams per mile, as reportable under for a given vehicle model’s fuel economy as 4 NHTSA considers ‘‘4-wheel drive’’ to refer only California ARB’s AB 1493 Regulation. partitioned into nine energy loss mechanisms. The to vehicles that have selectable 2- and 4-wheel drive 45. CH4 Emission Rate—measured in grams agency may use this information to estimate the options, as opposed to all-wheel drive, which is not per mile, as reportable under California extent to which a given technology reduces losses driver-selectable. ARB’s AB 1493 Regulation. in each mechanism.

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8. Rolling resistance in the tires, as could A. Substitution of materials. expected model life in years, and the number be estimated from coast-down test results. B. ‘‘Downsizing’’ of existing vehicle design, of years over which tooling costs are 9. Work done on the vehicle itself, as could systems or components. amortized. Additionally, the agency is be estimated from the vehicle’s inertia mass C. Use of new vehicle, structural, system or requesting that manufactures provide vehicle and the fuel economy driving cycles. component designs. or design changes that characterize a G. Planning and Assembly Please provide the following information: freshening and those changes that (i) Description of the method (e.g., characterize a redesign. 1. U.S. Content—overall percentage, by substituting an composite body panel for a value, that originated in the U.S. steel panel); IV. Technologies, Cost and Potential Fuel 2. Canadian Content—overall percentage, (ii) The weight reduction, in pounds, Economy Improvements by value, that originated in Canada. averaged over the model; Spreadsheet templates for the tables 3. Mexican Content—overall percentage, by (iii) The percent fuel economy mentioned in the following section can be value, that originated in Mexico. improvement averaged over the model; found at ftp://ftpserver.volpe.dot.gov/pub/ 4. Domestic Content—overall percentage, (iv) The basis for your answer to (iii) (e.g., cafe/templates/. by value, that originated in the U.S, Canada data from dynamometer tests conducted by 1. The agency requests that manufacturers, and Mexico. respondent, engineering analysis, computer for each passenger car and light truck model 5. Final Assembly City. simulation, reports of test by others); projected to be manufactured by respondent 6. Final Assembly State/Province (if (v) The incremental RPE cost (in 2009 between MY 2008–2020, provide the applicable). dollars), averaged over the model, associated following information on new technology 7. Final Assembly Country. with the method; applications: 8. Predecessor—number (or name) of (vi) The percent production (i) Description of the nature of the model upon which current model is based, implementation rate and the reasons limiting technological improvement; including the if any. the implementation rate. vehicle’s baseline technology that the 9. Refresh Years—model years of most 7. For each specific model year and model technology replaces (e.g., 6-speed automatic recent and future refreshes through the 2020 of respondent’s passenger car and light truck transmission replacing a 4-speed automatic time period, e.g., 2010, 2015, 2020. fleets projected to implement one or more of transmission); 10. Redesign Years—model years of most the following and/or any other aerodynamic (ii) The percent fuel economy recent and future redesigns through the 2020 drag reduction methods: improvement averaged over the model; time period, e.g., 2007, 2012, 2017; where A. Revised exterior components (e.g., front (iii) The basis for your answer to (ii) (e.g., redesign means any change or combination of fascia or side view mirrors). data from dynamometer tests conducted by changes to a vehicle that would change its B. Addition of underbody panels. respondent, engineering analysis, computer weight by 50 pounds or more or change its C. Vehicle design changes (e.g., change in simulation, reports of test by others); frontal area or aerodynamic drag coefficient ride height or optimized cooling flow path). (iv) The incremental RPE cost (in 2009 by 2 percent or more. Please provide the following information: dollars), averaged over the model, associated 11. Employment Hours Per Vehicle— (i) Description of the method/aerodynamic with implementing the new technology; number of hours of U.S. labor applied per change; (v) The percent production implementation vehicle produced. (ii) The percent reduction of the rate and the reasons limiting the H. The agency also requests that each aerodynamic drag coefficient (Cd) and the Cd implementation rate. manufacturer provide an estimate of its prior to the reduction, averaged over the In regards to costs, the agency is requesting overall passenger car CAFE and light truck model; information on cost reductions available CAFE for each model year. This estimate (iii) The percent fuel economy through learning effects that are anticipated, should be included as an entry in the improvement, averaged over the model; so information should be provided regarding (iv) The basis for your answer to (iii) (e.g., spreadsheets that are submitted to the what the learning effects are, when and at data from dynamometer tests conducted by agency. what production volumes they occur, and to respondent, wind tunnel testing, engineering what degrees such learning is expected to be 4. As applicable, please explain in detail analysis, computer simulation, reports of test available.6 The agency is also asking that the the relationship between the business plans by others); RPE markup factor (used to determine the submitted to Congress in December 2008, the (v) The incremental RPE cost (in 2009 RPE cost estimates) is stated in the response. restructuring plans submitted to the Treasury dollars), averaged over the model, associated 2. Additionally, the agency requests that Department in February 2009, and the with the method/change; manufactures and other interested parties product plans being submitted in response to (vi) The percent production provide the same information, as requested this request. implementation rate and the reasons limiting above, for the technologies listed in the 5. Relative to MY 2008 levels, for MYs the implementation rate. following tables and any other potential 2008–2020 please provide information, by 8. Indicate any MY 2008–2020 passenger technologies that may be implemented to carline and as an average effect on a car and light truck model types that have manufacturer’s entire passenger car fleet, and improve fuel economy. These potential higher average test weights than comparable technologies can be inserted into additional by truckline and as an average effect on a MY 2007 model types. Describe the reasons manufacturer’s entire light truck fleet, on the rows at the end of each table. Examples of for any weight increases (e.g., increased other potential technologies could include, weight and/or fuel economy impacts of the option content, less use of premium following standards or equipment: but are not limited to: Homogenous Charge materials) and provide supporting Compression Ignition (HCCI), Electric A. Federal Motor Vehicle Safety Standard justification. (FMVSS No. 208) Automatic Restraints. 9. Please provide your estimates of 6 B. FMVSS No. 201 Occupant Protection in projected total industry U.S. passenger car ‘‘Learning effects’’ describes the reduction in unit production costs as a function of accumulated Interior Impact. sales and light truck sales, separately, for C. Voluntary installation of safety production volume and small redesigns that reduce each model year from 2008 through 2020, costs. Applying learning effects, or ‘‘learning equipment (e.g., antilock brakes). inclusive. curves,’’ requires estimates of three parameters: (1) D. Environmental Protection Agency 10. Please provide your company’s The initial production volume that must be reached regulations. assumptions for U.S. gasoline and diesel fuel before cost reductions begin to be realized (referred E. California Air Resources Board prices during 2008 through 2020. to as ‘‘threshold volume’’); (2) the percent reduction requirements. 11. Please provide projected production in average unit cost that results from each F. Other applicable motor vehicle capacity available for the North American successive doubling of cumulative production regulations affecting fuel economy. market (at standard production rates) for each volume (usually referred to as the ‘‘learning rate’’); 6. For each specific model year and model and (3) the initial cost of the technology. The of your company’s passenger carline and method applies this effect for up to two doublings of respondent’s passenger car and light truck light truckline designations during MYs of production volume. For example, a 20 percent fleets projected to implement one or more of 2008–2020. learning rate discount applied with a 300,000 unit the following and/or any other weight 12. Please provide your estimate of threshold would reduce the applicable technology’s reduction methods: production lead-time for new models, your incremental cost by up to 36 percent.

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Vehicle (EV), Fuel Cell Vehicle, Belt requesting that respondents fill in fuel consumption effects may be evaluated Mounted Integrated Starter Generator (BISG), incremental RPE costs and fuel consumption incrementally. As examples of possible and Crank Mounted Integrated Starter reductions estimates for all vehicle technology sequences, ‘‘decision trees’’ are Generator (CISG) specific technologies. In an subclasses listed. If a respondent feels that shown in Appendix B below. effort to standardize the information received the incremental RPE cost and fuel 4. For each new or redesigned vehicle the agency requests that if possible consumption reduction estimates are similar identified in response to Question III–3 and respondents fill in the following tables: for different subclasses they may combine each new engine or fuel economy Table IV–1 with estimates of the model subclasses. improvement identified in your response to year of availability for each technology listed Table IV–5 with estimates for the Questions IV–1 and IV–2 provide your best and any other identified technology. percentage by which each technology estimate of the following, in terms of 7 Table IV–2 with estimated phase-in rates reduces energy losses attributable to each of constant 2009 dollars: nine energy loss mechanisms. by year for each technology listed and any A. Total capital costs required to other additional technologies. Engineering, Tables IV–6a, b with estimates for implement the new/redesigned model or planning and financial constraints can synergies 8 that can occur when multiple improvement according to the prohibit many technologies from being technologies are applied. implementation schedules specified in your applied across an entire fleet of vehicles 3. The agency also asks that manufacturers within a single model year, so the agency or other interested parties provide response. Subdivide the capital costs into requests information on possible constraints information on appropriate sequencing of tooling, facilities, launch, and engineering on the rates at which each technology can technologies, so that accumulated cost and costs. penetrate a manufacturer’s fleet. B. The maximum production capacity, Tables IV–3a, b and IV–4a, b with 8When two or more technologies are added to a expressed in units of capacity per year, estimates for incremental RPE costs (in 2009 particular vehicle model to improve its fuel associated with the capital expenditure in (A) dollars) and incremental fuel consumption efficiency, the resultant fuel consumption reduction above. Specify the number of production reductions for each technology listed and any may sometimes be higher or lower than the product shifts on which your response is based and of the individual effectiveness values for those define ‘‘maximum capacity’’ as used in your other additional technologies. These items. This may occur because one or more estimates, for the technologies already listed, technologies applied to the same vehicle partially answer. should assume that the preceding address the same source or sources of engine or C. The actual capacity that is planned to technologies, as defined by the decision trees vehicle losses. Alternately, this effect may be seen be used each year for each new/redesigned in Appendix B, have already been applied when one technology shifts the engine operating model or fuel economy improvement. and/or will be superseded. The agency is points, and therefore increases or reduces the fuel D. The increase in variable costs per consumption reduction achieved by another affected unit, based on the production technology or set of technologies. The difference 7 In NHTSA’s 2006 rulemaking establishing CAFE between the observed fuel consumption reduction volume specified in (B) above. standards for MY 2008–2011 light trucks, the associated with a set of technologies and the E. The equivalent retail price increase per agency considered phase-in caps by ceasing to add product of the individual effectiveness values in affected vehicle for each new/redesigned a given technology to a manufacturer’s fleet in a that set is sometimes referred to as a ‘‘synergy.’’ model or improvement. Provide an example specific model year once it has increased the Synergies may be positive (increased fuel describing methodology used to determine corresponding penetration rate by at least the consumption reduction compared to the product of the equivalent retail price increase. amount of the cap. Having done so, it applied other the individual effects) or negative (decreased fuel technologies in lieu of the ‘‘capped’’ technology. consumption reduction). BILLING CODE 4910–59–P

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[FR Doc. E9–4449 Filed 2–26–09; 4:15 pm] New Jersey Avenue, SE., West Building separate in-cab ABS malfunction BILLING CODE 4910–59–C Ground Floor, Room W12–140, indicator lamps for each truck tractor, Washington, DC 20590–0001. one for the tractor’s ABS (effective • Hand Delivery or Courier: 1200 March 1, 1997) and the other for the DEPARTMENT OF TRANSPORTATION New Jersey Avenue, SE., West Building trailer’s ABS (effective March 1, 2001). Ground Floor, Room W12–140, between The final rule also required air-braked National Highway Traffic Safety 9 a.m. and 5 p.m. ET, Monday through trailers to be equipped with an Administration Friday, except Federal holidays. externally mounted ABS malfunction • Fax: 202–493–2251. lamp (effective March 1, 1998) so that 49 CFR Part 571 Instructions: For detailed instructions the driver of a non-ABS equipped [Docket No. NHTSA–2009–0038] on submitting comments and additional tractor or a pre-2001 ABS-equipped information on the rulemaking process, tractor towing an ABS-equipped trailer RIN 2127–AK44 see the Public Participation heading of would be alerted in the event of a the SUPPLEMENTARY INFORMATION section malfunction in the trailer ABS. Federal Motor Vehicle Safety Standard; of this document. Note that all The requirement for the trailer- Air Brake Systems comments received will be posted mounted ABS malfunction indicator AGENCY: National Highway Traffic without change to http:// lamp was originally scheduled to expire Safety Administration (NHTSA), www.regulations.gov, including any on March 1, 2009. The agency Department of Transportation (DOT). personal information provided. Please established this sunset date in light of the fact that, after this eight-year period, ACTION: Notice of Proposed Rulemaking see the Privacy Act heading below. (NPRM). Privacy Act: Anyone is able to search many of the pre-2001 tractors without the electronic form of all comments the dedicated trailer ABS malfunction SUMMARY: This document proposes to received into any of our dockets by the indicator lamp would no longer be in extend by 18 months a requirement that name of the individual submitting the long-haul service. The agency based its trailers with antilock brake systems be comment (or signing the comment, if decision on the belief that the typical equipped with an external antilock submitted on behalf of an association, tractor life was five to seven years, and malfunction indicator lamp. It also business, labor union, etc.). You may therefore decided on an eight-year considers making the requirement review DOT’s complete Privacy Act period for the external ABS malfunction permanent. The indicator lamp Statement in the Federal Register indicator lamp requirement. We further requirement, which is included in the published on April 11, 2000 (65 FR stated our belief that there would be no Federal motor vehicle safety standard 19477–78) or you may visit http:// need for a redundant ABS malfunction that governs vehicles equipped with air DocketInfo.dot.gov. lamp mounted on the trailer after the brakes, was originally scheduled to Docket: For access to the docket to vast majority of tractors were equipped sunset on March 1, 2009, but has been read background documents or with an in-cab ABS malfunction extended to September 1, 2009 in an comments received, go to http:// indicator lamp for the trailer. interim final rule published in today’s www.regulations.gov. or the street II. Summary of the CVSA Petitions Federal Register. Under our proposal, address listed above. Follow the online CVSA is an international not-for- the sunset date would be extended until instructions for accessing the dockets. profit organization comprised of local, March 1, 2011. This rulemaking is in FOR FURTHER INFORMATION CONTACT: For state, provincial, territorial and federal response to a petition from the non-legal issues, you may call Mr. motor carrier safety officials and Commercial Vehicle Safety Alliance George Soodoo, Office of Crash industry representatives from the (CVSA), which has asked that this Avoidance Standards (Phone: 202–366– United States, Canada, and Mexico. The requirement be made permanent. 4931; FAX: 202–366–7002). For legal CVSA promotes commercial vehicle issues, you may call Mr. Ari Scott, Extending the sunset date for an safety and sponsors vehicle inspections Office of the Chief Counsel (Phone: 202– additional 18 months would enable the by partnering with the Federal Motor 366–2992; FAX: 202–366–3820). You agency to fully analyze CVSA’s request Carrier Safety Administration (FMCSA), may send mail to these officials at: that the requirement be made Pipeline and Hazardous Materials Safety National Highway Traffic Safety permanent, and avoid a potential Administration, Canadian Council of Administration, 1200 New Jersey confusing time gap in the vehicles Motor Transport Administrators, Avenue, SE., Washington, DC 20590. subject to the requirement. Transport Canada, and the Secretariat of DATES: You should submit your SUPPLEMENTARY INFORMATION: Communications and Transportation comments early enough to ensure that Table of Contents (Mexico). the Docket receives them not later than On October 22, 2007, CVSA April 2, 2009. Comments may be I. Background petitioned the National Highway Traffic combined with ones on the II. Summary of the CVSA Petitions safety Administration (NHTSA) to accompanying interim final rule, which III. Agency Analysis and Proposal IV. Shortened Comment Period amend FMVSS No. 121, Air Brake is being published today using the same V. Public Participation Systems, to make the requirement for docket number. VI. Rulemaking Analyses and Notices the external antilock malfunction ADDRESSES: You may submit comments indicator lamp permanent instead of to the docket number identified in the I. Background allowing it to expire, as originally heading of this document by any of the The final rule requiring antilock brake intended, on March 1, 2009 (and is following methods: systems (ABS) on truck tractors, other subsequently being modified to • Federal eRulemaking Portal: Go to air-braked heavy vehicles including September 1, 2009, by an accompanying http://www.regulations.gov. Follow the trailers, and hydraulic-braked trucks interim final rule). CVSA included in its online instructions for submitting was published in the Federal Register petition suggested regulatory text along comments. (60 FR 13216) on March 10, 1995. As with its rationale for why the extension • Mail: Docket Management Facility: amended by that final rule, FMVSS No. should be permanent. Since receiving U.S. Department of Transportation, 1200 121, Air Brake Systems, required two the petition, the agency has received

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letters of support for the CVSA petition that extends the sunset date for six Please note that pursuant to the Data from the Truck Trailer Manufacturers months, to September 1, 2009, as well Quality Act, in order for substantive Association, the Owner Operator as this proposed rule which would data to be relied upon and used by the Independent Drivers Association, and extend the sunset date for an additional agency, it must meet the information the Heavy Duty Brake Manufacturers 18 months, to March 1, 2011. The quality standards set forth in the OMB Council. interim final rule will prevent the lamp and DOT Data Quality Act guidelines. On October 15, 2008 CVSA again requirement from sunsetting prior to our Accordingly, we encourage you to petitioned NHTSA to amend FMVSS making a decision on the NPRM. consult the guidelines in preparing your No. 121, requesting that the agency Accordingly, NHTSA is granting the comments. OMB’s guidelines may be issue a ‘‘stay’’ of the sunset date of petitions in part and is proposing to accessed at http://www.whitehouse.gov/ March 1, 2009 for the external ABS extend the sunset date by an additional omb/fedreg/reproducible.html. DOT’s warning lamp. CVSA stated that a 18 months, from September 1, 2009 to guidelines may be accessed at http:// ‘‘stay’’ would prevent a time gap in the March 1, 2011. NHTSA expects to be dms.dot.gov. regulation, while NHTSA continues to able to fully analyze the issues raised by evaluate its 2007 petition. CVSA stated the petitions within this time frame and How can I be sure that my comments that the vehicle inspection process has further address the issues raised by the were received? already been complicated by the CVSA petitions prior to March 1, 2011. If you wish Docket Management to phased-in ABS and ABS malfunction Furthermore, depending on the notify you upon its receipt of your indicator lamp requirements and a gap comments received in response to this comments, enclose a self-addressed, would further complicate the inspection document, if the agency is able to fully stamped postcard in the envelope process and cause additional confusion resolve the outstanding issues, the containing your comments. Upon for drivers and maintenance personnel. agency may in a final rule based on this receiving your comments, Docket NPRM decide to remove the sunset III. Agency Analysis and Proposal Management will return the postcard by provision entirely and make the mail. The CVSA petitions raise two main requirement for the indicator lamp issues that the agency will address. The permanent. How do I submit confidential business first issue relates to ensuring that a information? driver or inspector can determine the IV. Shortened Comment Period If you wish to submit any information operational status of a trailer ABS, if the Given the short time before the sunset under a claim of confidentiality, you trailer is not equipped with an external of the lamp requirement, even with the should submit three copies of your ABS lamp or the tractor is a pre-2001 six-month extension provided in the complete submission, including the tractor without the trailer in-cab ABS interim final rule, we are providing a information you claim to be confidential warning lamp. The second issue relates 30-day comment period. Because the business information, to the Chief to the use of the external trailer ABS full duration of the extension is only six Counsel, NHTSA, at the address given warning lamp for diagnostic purposes. months, we believe this shortened above under FOR FURTHER INFORMATION We note that CVSA did not provide data comment period is appropriate. We also CONTACT. In addition, you should indicating the number of pre-2001 truck note that the subject of the proposal is submit two copies, from which you tractors it believed to still be in long the extension of a longstanding existing have deleted the claimed confidential haul service. requirement. Therefore, there has been business information, to Docket The agency wants to ensure that considerable experience with the Management at the address given above drivers and inspectors can determine if requirement at issue. under ADDRESSES. When you send a a ABS trailer system is functioning, and V. Public Participation comment containing information we also want to avoid imposing claimed to be confidential business unnecessary burdens on trailer How do I prepare and submit information, you should include a cover manufacturers. Moreover, NHTSA is comments? letter setting forth the information also concerned about the complications Your comments must be written and specified in our confidential business and confusion that could arise for in English. To ensure that your information regulation. (49 CFR Part drivers and inspectors, if the ABS comments are correctly filed in the 512.) warning lamp requirement sunsets and Docket, please include the docket Will the agency consider late then NHTSA decides to extend it, either number of this document in your comments? permanently or for some fixed period of comments. time. Your comments must not be more We will consider all comments that While we are continuing to evaluate than 15 pages long. (49 CFR 553.21). We Docket Management receives before the whether a permanent or long-term established this limit to encourage you close of business on the comment extension would be appropriate, we to write your primary comments in a closing date indicated above under have tentatively concluded that a two- concise fashion. However, you may DATES. To the extent possible, we will year extension is in the interests of attach necessary additional documents also consider comments that Docket motor vehicle safety. This extension to your comments. There is no limit on Management receives after that date. If would prevent a potential gap in the the length of the attachments. Docket Management receives a comment regulation and allow the agency Please submit two copies of your too late for us to consider in developing additional time to evaluate all the comments, including the attachments, a final rule (assuming that one is arguments raised in the CVSA petitions. to Docket Management at the address issued), we will consider that comment Given the imminence of the March 1, given above under ADDRESSES. as an informal suggestion for future 2009 sunset, it is not possible for us to Comments may also be submitted to rulemaking action. complete notice and comment the docket electronically by logging onto rulemaking prior to that time. We are the Docket Management System Web How can I read the comments submitted therefore publishing two related site at http://www.regulations.gov. by other people? documents in today’s Federal Register. Follow the online instructions for You may read the comments received We are publishing an interim final rule submitting comments. by Docket Management at the address

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given above under ADDRESSES. The Order 13132 (64 FR 43255, August 10, promoting simplification and burden hours of the Docket are indicated above 1999) and concluded that no additional reduction; (4) clearly specifies the in the same location. You may also see consultation with States, local retroactive effect, if any; (5) adequately the comments on the Internet. To read governments or their representatives is defines key terms; and (6) addresses the comments on the Internet, go to mandated beyond the rulemaking other important issues affecting clarity http://www.regulations.gov. Follow the process. The agency has concluded that and general draftsmanship under any online instructions for accessing the the proposed rule does not have guidelines issued by the Attorney dockets. federalism implications because it does General. This document is consistent Please note that even after the not have ‘‘substantial direct effects on with that requirement. comment closing date, we will continue the States, on the relationship between Pursuant to this Order, NHTSA notes to file relevant information in the the national government and the States, as follows. The preemptive effect of this Docket as it becomes available. Further, or on the distribution of power and proposed rule is discussed above. some people may submit late comments. responsibilities among the various NHTSA notes further that there is no Accordingly, we recommend that you levels of government.’’ requirement that individuals submit a periodically check the Docket for new Further, no consultation is needed to petition for reconsideration or pursue material. discuss the preemptive effect of today’s other administrative proceeding before proposed rule. NHTSA’s safety VI. Rulemaking Analyses and Notices they may file suit in court. standards can have preemptive effect in Executive Order 12866 and DOT at least two ways. First, the National Protection of Children From Regulatory Policies and Procedures Traffic and Motor Vehicle Safety Act Environmental Health and Safety Risks This action was not reviewed by the contains an express preemption Executive Order 13045, ‘‘Protection of Office of Management and Budget under provision: ‘‘When a motor vehicle safety Children from Environmental Health E.O. 12866. The agency has considered standard is in effect under this chapter, and Safety Risks’’ (62 FR 19855, April the impact of this action under the a State or a political subdivision of a 23, 1997), applies to any rule that: (1) Department of Transportation’s State may prescribe or continue in effect Is determined to be ‘‘economically regulatory policies and procedures (44 a standard applicable to the same aspect significant’’ as defined under Executive FR 11034; February 26, 1979), and has of performance of a motor vehicle or Order 12866, and (2) concerns an determined that it is not ‘‘significant’’ motor vehicle equipment only if the environmental, health, or safety risk that under them. standard is identical to the standard the agency has reason to believe may This document proposes to delay the prescribed under this chapter.’’ 49 have a disproportionate effect on sunset date of the antilock malfunction U.S.C. 30103(b)(1). It is this statutory children. If the regulatory action meets indicator lamp requirement from command that unavoidably preempts both criteria, the agency must evaluate September 1, 2009 to March 1, 2011. State legislative and administrative law, the environmental health or safety Since trailers manufactured after March not today’s rulemaking, so consultation effects of the planned rule on children, 1, 1998 have already been complying would be unnecessary. and explain why the planned regulation with the requirement and the agency is Second, the Supreme Court has is preferable to other potentially merely proposing to extend the recognized the possibility of implied effective and reasonably feasible requirement for an additional two years, preemption: State requirements alternatives considered by the agency. the impact on costs is not significant. imposed on motor vehicle This proposed rule is not expected to Not supplying a lamp could result in a manufacturers, including sanctions affect children and it is not an trailer that could be made for a few imposed by State tort law, can stand as economically significant regulatory dollars less. We estimate the costs to be an obstacle to the accomplishment and action under Executive Order 12866. so minimal that preparation of a full execution of a NHTSA safety standard. Consequently, no further analysis is regulatory evaluation is not required. When such a conflict is discerned, the required under Executive Order 13045. Supremacy Clause of the Constitution Regulatory Flexibility Act makes the State requirements Paperwork Reduction Act Pursuant to the Regulatory Flexibility unenforceable. See Geier v. American Under the Paperwork Reduction Act Act, 5 U.S.C. 601 et seq., NHTSA has Honda Motor Co., 529 U.S. 861 (2000). of 1995 (PRA), a person is not required evaluated the effects of this action on NHTSA has considered today’s to respond to a collection of information small entities. I hereby certify that this proposed rule and does not currently by a Federal agency unless the proposed rule would not have a foresee any potential State requirements collection displays a valid OMB control significant impact on a substantial that might conflict with it. Without any number. There is not any information number of small entities. This proposal conflict, there could not be any implied collection requirement associated with would merely extend a sunset provision preemption. this NPRM. in FMVSS No. 121. No other changes Executive Order 12988 (Civil Justice National Technology Transfer and are being proposed in this document. Reform) Advancement Act Small organizations and small government units would not be With respect to the review of the Section 12(d) of the National significantly affected since this promulgation of a new regulation, Technology Transfer and Advancement proposed action would not affect the section 3(b) of Executive Order 12988, Act of 1995 (NTTAA), Public Law 104– price of new motor vehicles. Trailer ‘‘Civil Justice Reform’’ (61 FR 4729, 113, (15 U.S.C. 272) directs the agency manufacturers would not be required to February 7, 1996) requires that to evaluate and use voluntary consensus install new systems but rather continue Executive agencies make every standards in its regulatory activities to install the systems they are already reasonable effort to ensure that the unless doing so would be inconsistent installing for two additional years. regulation: (1) Clearly specifies the with applicable law or is otherwise preemptive effect; (2) clearly specifies impractical. Voluntary consensus Executive Order 13132 (Federalism) the effect on existing Federal law or standards are technical standards (e.g., NHTSA has examined today’s regulation; (3) provides a clear legal materials specifications, test methods, proposed rule pursuant to Executive standard for affected conduct, while sampling procedures, and business

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practices) that are developed or adopted paragraphing) make the rule easier to lamp that meets the requirements of by voluntary consensus standards understand? S5.2.3.3 (b) through (d). bodies, such as the Society of • Would more (but shorter) sections * * * * * Automotive Engineers. The NTTAA be better? Issued: February 26, 2009. directs us to provide Congress (through • Could we improve clarity by adding Stephen R. Kratzke, OMB) with explanations when we tables, lists, or diagrams? decide not to use available and • What else could we do to make the Associate Administrator for Rulemaking. applicable voluntary consensus rule easier to understand? [FR Doc. E9–4491 Filed 2–27–09; 11:15 am] standards. There are no voluntary If you have any responses to these BILLING CODE 4910–59–P consensus standards developed by questions, please include them in your voluntary consensus standards bodies comments on this proposal. pertaining to this NPRM. DEPARTMENT OF THE INTERIOR Regulatory Identifier Number (RIN) Unfunded Mandates Reform Act Fish and Wildlife Service The Department of Transportation The Unfunded Mandates Reform Act assigns a regulation identifier number of 1995 requires agencies to prepare a 50 CFR Part 17 (RIN) to each regulatory action listed in written assessment of the costs, benefits the Unified Agenda of Federal [FWS–R2–ES–2009–0004; 92210–1111– and other effects of proposed or final Regulations. The Regulatory Information 0000–B3] rules that include a Federal mandate Service Center publishes the Unified likely to result in the expenditure by Agenda in April and October of each Endangered and Threatened Wildlife State, local or tribal governments, in the year. You may use the RIN contained in and Plants; Initiation of Status Review aggregate, or by the private sector, of the heading at the beginning of this for the Roundtail Chub (Gila robusta) more than $100 million annually document to find this action in the in the Lower Colorado River Basin (adjusted for inflation with base year of Unified Agenda. 1995). This NPRM would not result in AGENCY: Fish and Wildlife Service, expenditures by State, local or tribal Privacy Act Interior. governments, in the aggregate, or by the Anyone is able to search the ACTION: Notice; initiation of status private sector in excess of $100 million electronic form of all comments review and solicitation of new annually. received into any of our dockets by the information. National Environmental Policy Act name of the individual submitting the SUMMARY: We, the U.S. Fish and NHTSA has analyzed this rulemaking comment (or signing the comment, if Wildlife Service (Service), announce the action for the purposes of the National submitted on behalf of an association, initiation of a status review for the Environmental Policy Act. The agency business, labor union, etc.). You may roundtail chub (Gila robusta) in the has determined that implementation of review DOT’s complete Privacy Act lower Colorado River basin. Through this action will not have any significant Statement in the Federal Register this action, we encourage all interested impact on the quality of the human published on April 11, 2000 (Volume parties to provide us information environment. 65, Number 70; Pages 19477–78) or you regarding the status of, and any may visit http://www.regulations.gov. potential threats to, the roundtail chub. Executive Order 13211 List of Subjects in 49 CFR Part 571 We request information on the status of Executive Order 13211 (66 FR 28355, roundtail chub throughout the range of May 18, 2001) applies to any Imports, Motor vehicle safety, Motor the species, in order to evaluate a rulemaking that: (1) Is determined to be vehicles, and Tires. petition to list a distinct population economically significant as defined In consideration of the foregoing, segment (DPS) in the lower Colorado under E.O. 12866, and is likely to have NHTSA proposes to amend 49 CFR part River basin. a significantly adverse effect on the 571 as set forth below. DATES: To allow us adequate time to supply of, distribution of, or use of conduct this review, we request that we energy; or (2) that is designated by the PART 571—FEDERAL MOTOR VEHICLE SAFETY STANDARDS receive information on or before April 2, Administrator of the Office of 2009. Information and Regulatory Affairs as a 1. The authority citation for part 571 ADDRESSES: You may submit significant energy action. This continues to read as follows: information by one of the following rulemaking is not subject to E.O. 13211. Authority: 49 U.S.C. 322, 30111, 30115, methods: Plain Language 30117 and 30166; delegation of authority at • Federal eRulemaking Portal: http:// Executive Order 12866 and the 49 CFR 1.50. www.regulations.gov. Follow the instructions for submitting comments. President’s memorandum of June 1, 2. Section 571.121 is amended by • 1998, require each agency to write all revising S5.2.3.3(a) to read as follows: U.S. mail or hand-delivery: Public rules in plain language. Application of Comments Processing, Attn: FWS–R2– the principles of plain language § 571.121; Standard No. 121; Air brake ES–2009–0004; Division of Policy and systems. includes consideration of the following Directives Management; U.S. Fish and questions: * * * * * Wildlife Service; 4401 N. Fairfax Drive, • Have we organized the material to S5.2.3.3 Antilock malfunction Suite 222; Arlington, VA 22203. suit the public’s needs? indicator. We will not accept e-mail or faxes. We • Are the requirements in the rule (a) In addition to the requirements of will post all information on http:// clearly stated? S5.2.3.2, each trailer and trailer www.regulations.gov. This generally • Does the rule contain technical converter dolly manufactured on or after means that we will post any personal language or jargon that isn’t clear? March 1, 1998, and before March 1, information you provide us (see the • Would a different format (grouping 2011, shall be equipped with an Information Solicited section below for and order of sections, use of headings, external antilock malfunction indicator more information).

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FOR FURTHER INFORMATION CONTACT: basin population of roundtail chub to be personal identifying information, you Steve Spangle, Field Supervisor, significant, as defined in the DPS may request at the top of your document Arizona Ecological Services Office, 2321 Policy, including, but not limited to: that we withhold this personal West Royal Palm Road, Suite 103, (a) Information indicating that the identifying information from public Phoenix, AZ 85021–4951; telephone ecological setting, including such review. However, we cannot guarantee 602–242–0210; facsimile 602–242–2513. factors as temperature, moisture, that we will be able to do so. We will If you use a telecommunications device weather patterns, plant communities, post all hardcopy submissions on for the deaf (TDD), call the Federal etc., in which the lower Colorado River http://www.regulations.gov. Information Relay Service (FIRS) at basin population of roundtail chub Information and materials we receive 800–877–8339. persists is unusual or unique when will be available for public inspection SUPPLEMENTARY INFORMATION: compared to that of roundtail chub on http://www.regulations.gov, or by found elsewhere in the United States or appointment, during normal business Information Solicited Mexico. hours, at the U.S. Fish and Wildlife To ensure that the status review is (b) Information indicating that loss of Service, Arizona Ecological Services complete and based on the best the lower Colorado River basin Office (see FOR FURTHER INFORMATION available scientific and commercial population of roundtail chub would or CONTACT). information, we are soliciting would not result in a significant gap in Background information concerning the status of the the range of the taxon. roundtail chub (Gila robusta). (c) Information indicating that the Section 4(b)(3)(A) of the Act requires Information gained during this process lower Colorado River basin population that we make a finding on whether a will be used to evaluate whether the of roundtail chub differs markedly from petition to list, delist, or reclassify a lower Colorado River basin population other populations of roundtail chub in species presents substantial scientific or of roundtail chub is a distinct its genetic characteristics. commercial information indicating that population segment (DPS) as described (4) Information on the effects of the petitioned action may be warranted. in our Policy Regarding the Recognition potential threat factors in the United We are to base this finding on of Distinct Vertebrate Population States and Mexico that are the basis for information provided in the petition Segments Under the Endangered a listing determination under section and supporting information submitted Species Act (DPS Policy; 61 FR 4722, 4(a) of the Act, which are: with the petition. To the maximum February 7, 1996), and if listing as (a) The present or threatened extent practicable, we are to make this threatened or endangered is warranted destruction, modification, or finding within 90 days of our receipt of under the Endangered Species Act of curtailment of the subspecies’ habitat or the petition and publish our notice of 1973, as amended (Act; 16 U.S.C. 1531 range; the finding promptly in the Federal et seq.). We request information from (b) Overutilization for commercial, Register. Section 4(b)(3)(B) also requires the public, other concerned recreational, scientific, or educational that, for any petition to revise the Lists governmental agencies, Native purposes; of Threatened and Endangered Wildlife American Tribes, the scientific (c) Disease or predation; and Plants that contains substantial community, industry, or any other (d) The inadequacy of existing scientific or commercial information interested parties on the status of the regulatory mechanisms; or that the action may be warranted, we roundtail chub throughout its range, (e) Other natural or manmade factors make a finding within 12 months of the including: affecting its continued existence. date of the receipt of the petition on (1) Information from the United States Please note that submissions merely whether the petitioned action is: (a) Not and Mexico regarding the species’ stating support or opposition to the warranted, (b) warranted, or (c) historical and current population status, action under consideration without warranted but precluded by other distribution, and trends; taxonomy; providing supporting information, pending proposals. Such 12-month genetics; biology and ecology; and although noted, will not be considered findings are to be published promptly in habitat selection. in making a determination, because the Federal Register. (2) Information that supports or section 4(b)(1)(A) of the Act directs that On April 14, 2003, we received a refutes the appropriateness of determinations as to whether any petition from the Center for Biological considering the lower Colorado River species is a threatened or endangered Diversity requesting that we list a DPS basin population of roundtail chub to be species must be made ‘‘solely on the of the roundtail chub in the lower discrete, as defined in the DPS Policy, basis of the best scientific and Colorado River basin as endangered or including, but not limited to: commercial data available.’’ At the threatened, that we list the headwater (a) Information indicating that lower conclusion of the status review, we will chub (Gila nigra) as endangered or Colorado River basin roundtail chub are determine whether listing is warranted, threatened, and that we designate markedly separated from other not warranted, or warranted but critical habitat concurrently with the populations of roundtail chub due to precluded by other pending proposals. listing for both species. On July 12, physical, physiological, ecological, or You may submit your information 2005, we published our 90-day finding behavioral factors. concerning this status review by one of that the petition presented substantial (b) Information indicating whether or the methods listed in the ADDRESSES scientific information indicating that not the lower Colorado River basin section. We will not consider listing the headwater chub and a DPS of population of roundtail chub is submissions sent by e-mail or fax or to the roundtail chub in the lower delimited by international governmental an address not listed in the ADDRESSES Colorado River basin may be warranted boundaries within which significant section. and initiated a 12-month status review differences in control of exploitation, If you submit information via http:// (70 FR 39981). management of habitat, conservation www.regulations.gov, your entire On May 3, 2006, we published our 12- status, or regulatory mechanisms exist. submission—including any personal month finding that listing was (3) Information that supports or identifying information—will be posted warranted for the headwater chub, but refutes the appropriateness of on the Web site. If your submission is precluded by higher priority listing considering the lower Colorado River made via a hardcopy that includes actions, and that listing of a DPS of the

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roundtail chub in the lower Colorado DEPARTMENT OF THE INTERIOR Since the mid-1970s, we have sought River basin was not warranted because to identify types of shot for waterfowl populations of roundtail chub in the Fish and Wildlife Service hunting that are not toxic to migratory lower Colorado River basin did not meet birds or other wildlife when ingested. our definition of a DPS (71 FR 26007). 50 CFR Part 20 We have approved nontoxic shot types and added them to the migratory bird On September 7, 2006, we received a [FWS–R9–MB–2009–0003; 91200–1231– hunting regulations in 50 CFR 20.21(j). complaint from the Center for Biological 9BPP] We will continue to review all shot Diversity for declaratory and injunctive RIN 1018–AW46 types submitted for approval as relief, challenging our decision not to nontoxic. list the lower Colorado River basin Migratory Bird Hunting; Application for Approval of Tungsten-Iron- Tundra Composites has submitted its population of the roundtail chub as an application to us with the counsel that endangered species under the Act. On Fluoropolymer Shot as Nontoxic for Waterfowl Hunting it contained all of the specified November 5, 2007, in a stipulated information for a complete Tier 1 settlement agreement, we agreed to AGENCY: Fish and Wildlife Service, submittal, and has requested commence a new status review of the Interior. unconditional approval pursuant to the lower Colorado basin population of the ACTION: Notice of application for Tier 1 timeframe. Having determined roundtail chub and to submit a 12- nontoxic shot approval. that the application is complete, we month finding to the Federal Register have initiated a comprehensive review by June 30, 2009. SUMMARY: We, the U.S. Fish and of the Tier 1 information under 50 CFR Wildlife Service, announce that Tundra 21.134. After review, we will either At this time, we are soliciting new Composites, LLC, of White Bear Lake, information on the status of and publish a notice of review to inform the Minnesota, has applied for our approval public that the Tier 1 test results are potential threats to the roundtail chub. of shot composed of alloys of tungsten, We will base our new determination as inconclusive, or we will publish a iron, and fluoropolymer as nontoxic for proposed rule to approve the candidate to whether listing of a DPS for roundtail waterfowl hunting in the United States. shot. If the Tier 1 tests are inconclusive, chub in the lower Colorado River basin The alloys are 41.5 to 95.2 percent the notice of review will indicate what is warranted on a review of the best tungsten, 1.5 to 52.0 percent steel, and other tests we will require before we scientific and commercial information 3.5 to 8.0 percent fluoropolymer by will again consider approval of the available, including all information we weight. We have initiated review of the Tungsten-Iron-Fluoropolymer shot as receive as a result of this notice. For shot under the criteria we have set out nontoxic. If the Tier 1 data review more information on the biology, in our nontoxic shot approval results in a preliminary determination habitat, and range of the roundtail chub, procedures in our regulations. that the candidate material does not please refer to our previous 90-day DATES: Our comprehensive review of the pose a significant toxicity hazard to finding published in the Federal application information is to conclude migratory birds, other wildlife, or their Register on July 12, 2005 (70 FR 39981), by May 4, 2009. habitats, the Service will commence and our previous 12-month finding ADDRESSES: You may review the Tundra with a rulemaking proposing to approve published in the Federal Register on Composites application at the Fish and the candidate shot and add it to our list May 3, 2006 (71 FR 26007). Wildlife Service, Division of Migratory at 50 CFR 20.21(j). Bird Management, 4501 North Fairfax Dated: February 25, 2009. Author Drive, Arlington, VA 22203–1610. Jerome Ford, FOR FURTHER INFORMATION CONTACT: The primary authors of this notice are Ron Acting Director, U.S. Fish and Wildlife the staff members of the Arizona Kokel, Wildlife Biologist, Division of Service. Ecological Services Office. Migratory Bird Management, (703) 358– [FR Doc. E9–4455 Filed 3–2–09; 8:45 am] 1967. Authority: The authority for this action is BILLING CODE 4310–55–P SUPPLEMENTARY INFORMATION: The the Endangered Species Act of 1973, as Migratory Bird Treaty Act of 1918 (Act) amended (16 U.S.C. 1531 et seq.). (16 U.S.C. 703–712 and 16 U.S.C. 742 DEPARTMENT OF COMMERCE Dated: February 20, 2009. a–j) implements migratory bird treaties Ken Stansell, between the United States and Great National Oceanic and Atmospheric Acting Director, U.S. Fish and Wildlife Britain for Canada (1916 and 1996 as Administration Service. amended), Mexico (1936 and 1972 as [FR Doc. E9–4155 Filed 3–2–09; 8:45 am] amended), Japan (1972 and 1974 as 50 CFR Part 300 amended), and Russia (then the Soviet BILLING CODE 4310–55–P Union, 1978). These treaties protect RIN 0648–AX72 certain migratory birds from take, except as permitted under the Act. The Act Identification and Certification of authorizes the Secretary of the Interior Nations Whose Fishing Vessels Are to regulate take of migratory birds in the Engaged in Illegal, Unreported, or United States. Under this authority, we Unregulated Fishing or Bycatch of control the hunting of migratory game Protected Living Marine Resources birds through regulations in 50 CFR part AGENCY: National Marine Fisheries 20. We prohibit the use of shot types Service (NMFS), National Oceanic and other than those listed in the Code of Atmospheric Administration (NOAA), Federal Regulations (CFR) at 50 CFR Commerce. 20.21(j) for hunting waterfowl and coots ACTION: Notice of public hearing; request and any species that make up aggregate for comments. bag limits.

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SUMMARY: NMFS published a proposed Under the proposed rule, NMFS is Science Center, 2725 Montlake rule for developing identification and required to identify foreign nations Boulevard East, Auditorium, Seattle, certification procedures to address whose fishing vessels are engaged in WA 98112; phone 206–860–3200. Proof illegal, unreported, or unregulated (IUU) IUU fishing or fishing activities or of identification will be required for fishing activities and bycatch of practices that result in bycatch of entry. protected living marine resources PLMRs in a biennial report to Congress. 5. Tuesday, May 12, 2009, 6:30–8:00 (PLMRs) pursuant to the High Seas Once a nation has been identified in the p.m., Miami Airport Marriott, 1201 NW Driftnet Fishing Moratorium Protection biennial report, a notification and LeJeune Road, Caribbean Room, Miami, Act (Moratorium Protection Act). This consultation process will be initiated. FL 33126; phone 305–649–5000. notice is to announce five public Subsequent to this process, NMFS will Special Accommodations hearings and to discuss and collect initiate a certification process regarding comments on the issues described in the identified nations that considers The sessions are physically accessible proposed rule. whether the government of an identified to people with disabilities. Requests for DATES: Written comments must be nation has provided evidence that sign language interpretation or other received no later than 5:00 pm Eastern sufficient corrective action has been auxiliary aids should be directed to time on May 14, 2009. Public hearings taken with respect to the activities Laura Cimo (see FOR FURTHER will be held in March, April, and May described in the report or whether the INFORMATION CONTACT) at least 7 days of 2009. For specific dates and times, relevant international fishery prior to the session. see SUPPLEMENTARY INFORMATION. management organization has Dated: February 25, 2009. ADDRESSES: Public hearings will be held implemented measures that are effective Rebecca J. Lent, in Boston, MA; Silver Spring, MD; La in ending the IUU fishing activity by Director, Office of International Affairs, Jolla, CA; Seattle, WA; and Miami, FL. vessels of that nation. Nations will National Marine Fisheries Service. For specific locations, see either receive a positive or a negative [FR Doc. E9–4478 Filed 3–2–09; 8:45 am] SUPPLEMENTARY INFORMATION. Written certification. BILLING CODE 3510–22–S comments on this action, identified by The absence of sufficient action by an RIN 0648–AV51, may be submitted by identified nation to address IUU fishing any of the following methods: and/or PLMR bycatch may lead to the DEPARTMENT OF COMMERCE • Electronic Submissions: Submit all denial of port privileges for vessels of electronic public comments via the that nation, prohibitions on the National Oceanic and Atmospheric Federal eRulemaking Portal http:// importation of certain fish or fish Administration www.regulations.gov. products into the United States from • Mail: Laura Cimo, Trade and that nation, or other measures. 50 CFR Part 648 Marine Stewardship Division, Office of Identified nations that are not International Affairs, NMFS, 1315 East- positively certified by the Secretary of [Docket No. 090129076–9092–01] West Highway, Silver Spring, MD Commerce could be subject to RIN 0648–AX56 20910. prohibitions on the importation of Instructions: All comments received certain fisheries products into the Fisheries of the Northeastern United are a part of the public record and will United States and other measures, States; Spiny Dogfish; Framework generally be posted to http:// including limitations on port access, Adjustment 2 www.regulations.gov without change. under the High Seas Driftnet Fisheries AGENCY: National Marine Fisheries All personal identifying information (for Enforcement Act (Enforcement Act)(16 Service (NMFS), National Oceanic and example, name, address, etc.) U.S.C. 1826a). voluntarily submitted by the commenter Atmospheric Administration (NOAA), may be publicly accessible. Do not Request for Comments Commerce. submit confidential business NMFS will hold five public hearings ACTION: Proposed rule; request for information or otherwise sensitive or to receive oral and written comments on comments. protected information. NMFS will these proposed actions. Comments SUMMARY: NMFS proposes to implement received on the proposed rule will assist accept anonymous comments (enter ‘‘N/ Framework Adjustment 2 (Framework NMFS in developing a final rule. A’’ in the required fields, if you wish to 2) to the Spiny Dogfish Fishery remain anonymous). Attachments to Dates, Times, and Locations Management Plan (FMP), developed by electronic comments will be accepted in The public hearings will be held as the Mid-Atlantic and New England Microsoft Word, Excel, WordPerfect, or Fishery Management Councils Adobe PDF file formats only. follows: 1. Monday, March 16, 2009, 9:00– (Councils). Framework 2 would broaden FOR FURTHER INFORMATION CONTACT: 11:00 a.m., Boston Convention & the FMP stock status determination Laura Cimo (ph. 301–713–9090, fax Exhibition Center, 415 Summer Street, criteria for spiny dogfish, while 301–713–9106, e-mail meeting room 203, Boston, MA 02210; maintaining objective and measurable [email protected]). phone 617–954–2000. criteria to identify when the stock is SUPPLEMENTARY INFORMATION: On 2. Monday, April 6, 2009, 6:30–8:30 overfished or approaching an overfished January 14, 2009 (74 FR 2019), NMFS p.m., Hilton Hotel, 8727 Colesville condition. The framework action would published a proposed rule for Road, Lincoln Ballroom, Silver Spring, also establish acceptable categories of developing certification procedures to MD 20910; phone 301–589–5200. peer review of new or revised stock address IUU fishing activities and PLMR 3. Monday, April 13, 2009, 4:00–6:00 status determination criteria for the bycatch pursuant to the Moratorium p.m., NMFS Southwest Fisheries Council to use in its specification- Protection Act. The regulatory measures Science Center, 3333 N. Torrey Pines setting process for spiny dogfish. This proposed in this rule encourage nations Court, meeting room 370, La Jolla, CA action is necessary to ensure that to cooperate with the United States 92037; phone 858–546–7000. changes or modification to the stock towards ending IUU fishing and 4. Tuesday, April 14, 2009, 4:00–6:00 status determination criteria, reducing the bycatch of PLMRs. p.m., NMFS Northwest Fisheries constituting the best available, peer-

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reviewed scientific information, are assessment information is used in the Statistical Committee (SSC), including accessible to the management process in management process that is used to cases when approved peer review a timely and efficient manner, derive annual catch limits (e.g., Total processes fail to provide a consensus consistent with National Standards 1 Allowable Landings (TAL)). Stock recommendation or clear guidance for and 2 of the Magnuson-Stevens Fishery assessments for spiny dogfish undergo management decisions. Conservation and Management Act periodic formal scientific peer review as These changes, proposed in (Magnuson-Stevens Act). part of the Northeast Fisheries Science Framework 2, are discussed in detail in DATES: Written comments must be Center’s (NEFSC) Stock Assessment the following sections. This action is received no later than 5 p.m. local time Workshop (SAW) and Stock Assessment similar to Framework Adjustment 7 to on April 2, 2009. Review Committee (SARC) process. the Summer Flounder, Scup, and Black Sea Bass FMP that was implemented in ADDRESSES: You may submit comments, These and other periodic formal peer 2007. identified by RIN 0648–AX56, by any reviews may result in recommendations one of the following methods: to revise or use different stock status Redefined Stock Status Determination • Electronic Submissions: Submit all determination criteria as different or Criteria new approaches are applied to electronic public comments via the Framework 2 would redefine the Federal eRulemaking Portal http:// previously existing data, or to new, previously unexamined data. Currently, stock status determination criteria for www.regulations.gov spiny dogfish in the FMP. The • Fax: 978–281–9135, Attn: Jamie these recommendations are incorporated into the management maximum fishing mortality rate (F) Goen threshold is defined as FMSY; which is • Mail: Patricia A. Kurkul, Regional scheme through a framework adjustment or amendment to the FMP. the fishing mortality rate associated Administrator, NMFS, Northeast with the maximum sustainable yield Regional Office, 55 Great Republic Given the time necessary to develop FMP framework adjustments and (MSY) for spiny dogfish. The maximum Drive, Gloucester, MA 01930. Mark the fishing mortality rate threshold (Fmsy), outside of the envelope: ‘‘Comments on amendments, it is likely that, should such new stock status determination or a reasonable proxy thereof, may be Dogfish Framework Adjustment 2.’’ defined as a function of (but not limited Instructions: All comments received criteria result from a formal SAW/SARC to): Total stock biomass, spawning stock are a part of the public record and will peer review, the new criteria would not be available for the Councils’ use for at biomass, or total pup production; and generally be posted to http:// may include males and/or females, or www.regulations.gov without change. least 1 year. In addition, groups such as the combinations and ratios thereof, that All Personal Identifying Information (for provide the best measure of productive example, name, address, etc.) Councils, the Atlantic States Marine Fisheries Commission (Commission), capacity for spiny dogfish. Exceeding voluntarily submitted by the commenter the established fishing mortality rate may be publicly accessible. Do not academic institutions, and other interested parties have periodically threshold constitutes overfishing. submit Confidential Business The minimum stock size threshold is Information or otherwise sensitive or contracted with outside parties or conducted in-house formal peer reviews defined as 1/2 of the biomass at MSY protected information. (Bmsy) (or a reasonable proxy thereof) as NMFS will accept anonymous of the stock status determination criteria. In such instances, it has not a function of productive capacity. The comments (enter N/A in the required minimum stock size threshold may be fields, if you wish to remain been clear how the results of these independently conducted peer reviews defined as (but not limited to): Total anonymous). You may submit stock biomass, spawning stock biomass, attachments to electronic comments in should be viewed by the Councils in regards to National Standard 2 of the or total pup production; and may Microsoft Word, Excel, WordPerfect, or Magnuson-Stevens Act, which specifies include males and/or females, or Adobe PDF file formats only. combinations and ratios thereof, that Copies of Framework Adjustment 2 that management decisions shall be based upon the best scientific provide the best measure of productive are available from Daniel T. Furlong, capacity for spiny dogfish. The Executive Director, Mid-Atlantic information available. In response, the Council has minimum stock size threshold is the Fishery Management Council, Room developed and submitted for review by level of productive capacity associated 2115, Federal Building, 300 South New the Secretary of Commerce, Framework with the relevant 1/2 Bmsy level. Should Street, Dover, DE 19904–6790. The 2 to the Spiny Dogfish FMP. This the measure of productive capacity for framework document is also accessible framework, if adopted, would enact the the stock or stock complex fall below via the Internet at http:// following actions, designed to improve this minimum threshold, the stock or www.nero.noaa.gov. the time frame in which peer reviewed stock complex is considered overfished. FOR FURTHER INFORMATION CONTACT: information can be utilized in the The target for rebuilding is specified as Jamie Goen, Fishery Policy Analyst, management process, as well as Bmsy, under the same definition of (978) 281–9220. providing guidance on peer review productive capacity as specified for the SUPPLEMENTARY INFORMATION: standards and how to move forward in minimum stock size threshold. the management process when peer Under Framework 2, the stock status Background review results are not clear. The determination criteria are proposed to The current stock status principal actions proposed by be made more general by removing determination criteria for spiny dogfish Framework 2 are to: specific references to how maximum is found in the FMP. To modify or 1. Redefine in general terms, while fishing mortality threshold, minimum replace these stock status determination maintaining objective and measurable stock size threshold, and biomass are criteria, the Council must enact a criteria, the stock status determination calculated. By making the stock status framework adjustment or an amendment criteria for spiny dogfish; determination criteria more general, the to the FMP. 2. Define what constitutes an results of peer reviewed best available The regulations at § 648.230 outline acceptable level of peer review; and science could be more readily adopted the management processes for spiny 3. Provide guidance on how the through the specification-setting dogfish (Squalus acanthias). Stock Council may engage its Scientific and process. The Councils would still

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provide specific definitions for the stock there are occasional peer review results The Regional Administrator has status determination criteria in the where panelists disagree and no determined that this proposed rule is an specifications and management consensus recommendation is made administrative framework adjustment to measures, future framework regarding the information. The terms of the FMP and is, therefore, categorically adjustments, and amendments, reference may not be followed and no excluded from the requirement to including, where necessary, information recommendations for the suitability of prepare an Environmental Impact on changes to the definitions. the information for management Statement or equivalent document purposes may be made. In such Peer Review Standards under the National Environmental instances, it is unclear what then Policy Act. While the NEFSC SAW/SARC process constitutes the best available remains the primary process utilized in information for management use. The Chief Counsel for Regulation of the Northeast Region to develop Framework 2 proposes that, when the Department of Commerce certified scientific stock assessment advice, clear consensus recommendations are to the Chief Counsel for Advocacy of the including stock status determination made by any of the acceptable peer Small Business Administration that this criteria for federally managed species, review groups, the information is proposed rule, if adopted, would not Framework 2 proposes several considered the best available and may have a significant economic impact on additional scientific review bodies and be utilized by the Council in the a substantial number of small entities. processes that would constitute an management process for spiny dogfish. This proposed rule deals only with how acceptable peer review to develop Similarly, when the consensus results of the best available, peer-reviewed scientific stock assessment advice for a peer review are to reject proposed scientific information can be more spiny dogfish stock status determination changes to the stock assessment quickly and efficiently incorporated into criteria. These periodic reviews outside methods or the stock status the Councils’ specification-setting the SAW/SARC process could be determination criteria, Framework 2 process for spiny dogfish. This is conducted by any of the following, as proposes that the previous information achieved by broadening the descriptions deemed appropriate by the managing on record would still continue to of the stock status determination criteria authorities: constitute the best available information in the FMP, so updated and peer- • Transboundary Resource and should be used in the management reviewed information can be more Assessment Committee (TRAC), process. readily adopted for use in the composed of both U.S. and Canadian When peer review recommendations management process. The proposed scientists do not result in consensus, are unclear, change is to how the stock status • MAFMC SSC Review or do not make recommendations on determination criteria are defined; there • MAFMC Externally Contracted how the information is to be used in the is no change to the existing Reviews with Independent Experts (e.g., management process, Framework 2 determination criteria. Additionally, the Center for Independent Experts– CIE) proposes that the Councils engage their Framework identifies acceptable levels • NMFS Internally Conducted Review SSCs or a subset of their SSCs with of peer review that must be satisfied (e.g., Comprised of NMFS Scientific and appropriate stock assessment expertise, before new or revised information is Technical Experts from NMFS Science to review the information provided by accepted as the best available science. Centers or Regions) the peer review group. The SSC would • These are administrative changes to the NMFS Externally Contracted then seek to clarify the information and FMP that serve to improve the quality Review with Independent Experts (e.g., provide advice to the Councils to either of data used in management decisions, Center for Independent Experts–CIE) modify, change, or retain the existing consistent with National Standards 1 Guidance on Unclear Scientific Advice stock status determination definitions as and 2 of the Magnuson-Stevens Act. As Resulting from Peer Review the best available information for use in such, the rule will not have significant the development of specifications and direct or indirect economic impacts on In many formal peer reviews, the management measures. terms of reference provided in advance small entities. As a result, an initial of the review instruct the reviewers to Classification regulatory flexibility analysis is not formulate specific responses on the NMFS has determined that this required and none has been prepared. adequacy of information and to provide proposed rule is consistent with the Authority: 16 U.S.C. 1801 et seq. detailed advice on how that information FMP and has preliminarily determined Dated: February 25, 2009. may be used for fishery management that the rule is consistent with the purposes. As such, most stock Magnuson-Stevens Act and other James W. Balsiger, assessment peer reviews result in clear applicable laws. Acting Assistant Administrator for Fisheries, recommendations on stock status This proposed rule has been National Marine Fisheries Service. determination criteria for use in the determined to be not significant for [FR Doc. E9–4480 Filed 3–2–09; 8:45 am] management of fish stocks. However, purposes of Executive Order 12866. BILLING CODE 3510–22–S

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Notices Federal Register Vol. 74, No. 40

Tuesday, March 3, 2009

This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: USAID is SECURITY CLASSIFICATION: contains documents other than rules or establishing a new system of records None. proposed rules that are applicable to the pursuant to the Privacy Act (5 U.S.C. public. Notices of hearings and investigations, 552a), entitled the Deployment Tracking SYSTEM LOCATION(S): committee meetings, agency decisions and System (DTS). This system is being rulings, delegations of authority, filing of Records will be maintained at USAID, petitions and applications and agency established to support USAID’s Director, Office of Civilian Response, statements of organization and functions are responsibilities as identified in National 1300 Pennsylvania Ave., NW., RRB examples of documents appearing in this Security Presidential Directive 44 Suite 08.6, Washington, DC 20253. section. (NSPD–44), issued on December 7, 2005. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: The objective of NSPD–44 is to AGENCY FOR INTERNATIONAL promote the security of the United This system will contain records of DEVELOPMENT States through improved coordination, current, planned, and former employees planning and implementation for and contractors who choose to Privacy Act of 1974, System of participate in the Civilian Response Records reconstruction and stabilization assistance for foreign states and regions Corps. AGENCY: United States Agency for at risk of, in, or in transition from CATEGORIES OF RECORDS IN THE SYSTEM: International Development conflict or civil strife. NSPD–44 This system will contain information ACTION: mandates the Department of State to Notice of new system of records. relevant to the planning, administration, coordinate, plan and implement an training, and management of CRC SUMMARY: The United States Agency for interagency effort, with the capacity to personnel. Categories of records International Development (USAID) is quickly and effectively respond to a include: Full name, date of birth, issuing public notice of its intent to crisis overseas. To accomplish this, the height/weight, hair/eye color, blood establish a new system of records Department of State established the type, marital status, religion, maintained in accordance with the Civilian Response Corps (CRC). Led by citizenship, home address, home phone Privacy Act of 1974 (5 U.S.C. 552a), as the Department of State, CRC is number, mobile phone number, amended, entitled ‘‘USAID–029, comprised of eight agency partners, personal e-mail address, emergency Deployment Tracking System.’’ This including USAID, whose programs and contact, next of kin, passport action is necessary to meet the personnel may have relevant information, and driver license requirements of the Privacy Act to capabilities to prepare, plan for, and information. publish in the Federal Register notice of conduct stabilization and reconstruction the existence and character of record activities. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: systems maintained by the agency (5 USAID’s Bureau for Democracy, U.S.C. 522a(e)(4)). National Security Presidential Conflict and Humanitarian Assistance, Directive 44, Supplemental DATES: Public comments must be Office of Civilian Response (DCHA/ Appropriations Bill for Fiscal Year received on or before April 2, 2009. OCR) has been assigned to implement Unless comments are received that 2008, H.R. 2642–7, and Foreign these mandates. In order to participate Assistance Act of 1961. would require a revision, this update to as a partner agency, USAID must have the system of records will become mechanisms in place to assign or PURPOSE(S): effective on April 13, 2009. employ skilled personnel and have the Records in this system will be used: ADDRESSES: You may submit comments: ability to mobilize resources rapidly in (1) To track operations of the hiring Paper Comments response to stabilization crisis. The DTS process; is being established to provide DCHA/ • Mail: Chief Privacy Officer, United (2) To monitor the deployment OCR personnel with internal States Agency for International validation process; capabilities to plan and mobilize the Development, 1300 Pennsylvania (3) To identify and plan deployment appropriate personnel in response to a Avenue, NW., Suite 2.12–003, teams; crisis. The system will be used to Washington, DC 20523–2120. (4) To assess and manage the identify potential, current and former deployment and logistics of team Electronic Comments civilian employees and contractors members; • Federal eRulemaking Portal: http:// skilled in crisis response, to ensure a (5) To notify, locate and mobilize www.regulations.gov. Follow the coordinated U.S. response to individuals in a deployed area, as instructions on the Web site for international reconstruction and necessary during emergency or other submitting comments. stabilization efforts. threatening situation; FOR FURTHER INFORMATION CONTACT: Dated: February 23, 2009. (6) To notify the designated General questions regarding this notice W. Philip Gordon, Jr., emergency contact in case of a medical should be directed to Randall Davis, Jr., Acting Chief Privacy Officer. or other emergency involving an Office of Civilian Response, (202) 712– individual. 1814. Privacy Act related questions USAID–029 (7) To manage orientation, annual, should be directed to Rhonda Turnbow, specialized and pre-deployment training SYSTEM NAME: Deputy Chief Privacy Officer (202) 712– in preparation for projected 0106. Deployment Tracking System. deployments.

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DISCLOSURE TO CONSUMER REPORTING RECORD ACCESS PROCEDURES: Fax: (202) 401–1782. AGENCIES: Individuals requesting access to a Mail: Paper, disk or CD–ROM These records are not disclosed to record maintained on them must submissions should be submitted to: Liz consumer reporting agencies. address the request to the USAID Chief Tuckermanty; Competitive Program (CP) Privacy Officer as described in Unit; Cooperative State Research, ROUTINE USE OF RECORDS MAINTAINED IN THE Education, and Extension Service; U.S. SYSTEM, INCLUDING CATEGORIES OF USERS AND ‘‘Notification Procedures’’ above. THE PURPOSES OF SUCH USES: Department of Agriculture; Mail Stop CONTESTING RECORD PROCEDURES: 2201; 1400 Independence Avenue, SW.; In addition to USAID’s Statement of Individuals requesting amendment of Washington, DC 20250–2201. Hand Routine uses, records in this system a record maintained on them must Delivery/Courier: Liz Tuckermanty; may be disclosed to: identify the information to be changed Competitive Programs (CP) Unit; (1) Any Federal Agency, Foreign and the corrective action sought. Cooperative State Research, Education, Government or other entity participating Requests must be sent to the USAID and Extension Service; U.S. Department in emergency response activities or Chief Privacy Officer as described in of Agriculture; Room 2340; Waterfront providing assistance to USAID with an ‘‘Notification Procedures’’ above. Centre; 800 9th Street, SW.; evacuation, medical emergency, any RECORD SOURCE CATEGORIES: Washington, DC 20024. other crisis situation, or Instructions: All submissions received (2) Any CRC partner agency to carry The records contained in this system must include the title ‘‘The Center’’ and out activities in support of the mission will be provided by and updated by the CSREES–2008–0005. All comments of OCR and the CRC. individual who is the subject of the received will be posted to http:// record. POLICIES AND PRACTICES FOR STORING, www.regulations.gov, including any RETRIEVING, ACCESSING, RETAINING, AND EXEMPTIONS CLAIMED FOR THE SYSTEM: personal information provided. DISPOSING OF RECORDS IN THE SYSTEM: None. FOR FURTHER INFORMATION CONTACT: Dr. STORAGE: Liz Tuckermanty, (202) 205–0241 [FR Doc. E9–4325 Filed 3–2–09; 8:45 am] (phone), (202) 401–1782 (fax), or Records are stored in electronic BILLING CODE 6116–02–P format. Paper copy will be shredded [email protected]. once electronic input is complete. SUPPLEMENTARY INFORMATION: RETRIEVABILITY: DEPARTMENT OF AGRICULTURE Background and Purpose Records are retrievable by name, Cooperative State Research, The purpose of the Center is to location or any other identifier listed in Education, and Extension Service increase access to healthy affordable the categories of records cited above. foods to underserved communities. The SAFEGUARDS: Solicitation of Input From Stakeholders Center will also collect, develop, and Access to electronic records will be Regarding the Healthy Urban Food provide technical assistance and restricted to those individuals with a Enterprise Development Center information to small and medium-sized need to know. Users will use passwords Program agricultural producers, food wholesalers to access the system. The electronic and retailers, schools, and other AGENCY: Cooperative State Research, individuals and entities regarding best records will be protected by standard Education, and Extension Service, practices and the availability of USAID information system security USDA. assistance for aggregating, storing, measures. ACTION: Request for stakeholder input. processing, and marketing locally RETENTION AND DISPOSAL: SUMMARY: The Cooperative State produced agricultural products and Records will be updated periodically Research, Education, and Extension increasing the availability of such to reflect changes and deleted or Service (CSREES) is implementing a products in underserved communities. Through a grant to a non-profit entity, destroyed when their use is no longer new competitive grants program called sub-grants will be used to carry out required. OCR is requesting a National the Healthy Urban Food Enterprise feasibility studies to establish Archives and Records Administration Development Center Program (the businesses to increase access to healthy (NARA) approved electronic records Center) authorized by 7 U.S.C. 2034(h). affordable foods, including locally schedule. By this notice, CSREES is soliciting produced agricultural products, to public comments and stakeholder input SYSTEM MANAGER AND ADDRESS: underserved communities and establish from persons who use or conduct USAID, Director, Office of Civilian and otherwise assist enterprises that Response, 1300 Pennsylvania Ave., research, extension or education, process, distribute, aggregate, store, and NW., RRB Suite 08.6, Washington, DC training, outreach and technical market healthy affordable foods. 20253. assistance regarding the development of Sub-grants will be awarded to competitive Requests for Applications nonprofit organizations; cooperatives, NOTIFICATION PROCEDURES: (RFAs) and implementing regulations. commercial entities, agricultural Individuals requesting notification of DATES: All written comments must be producers, academic institutions, the existence of records on them must received by April 2, 2009. individuals and other entities as the send the request in writing to the ADDRESSES: You may submit comments, Secretary of Agriculture may designate. USAID Chief Privacy Officer, 1300 identified by CSREES–2008–0005, by In FY 2009, it is anticipated that one Pennsylvania Ave. NW., RRB Suite any of the following methods: million dollars in funding will be 2.12–003, Washington, DC 20253. The Federal eRulemaking Portal: http:// available and priority will be given to request must include the requestor’s full www.regulations.gov. Follow the applications that: name, his/her current address and a instructions for submitting comments. 1. Benefit underserved communities return address for transmitting the E-mail: (as defined by 7 U.S.C. § 2034); and information. The request must be [email protected]. Include 2. Develop market opportunities for notarized and reasonably specify the CSREES–2008–0005 in the subject line small and mid-sized farm and ranch record contents being sought. of the message. operations.

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Reporting requirement for funded DEPARTMENT OF AGRICULTURE the U.S. Census Bureau has undertaken projects include a report to the Secretary the 2010 Census Program for describing the activities carried out in Forest Service Evaluations and Experiments (CPEX) to the preceding fiscal year, including, but examine methodologies, techniques, Notice of Resource Advisory not limited to, a description of technical and strategies that will potentially Committee Meeting assistance provided by the Center; the improve the way it conducts the next total number and a description of the AGENCY: North Central Idaho Resource decennial census. The 2010 CPEX will sub-grants provided; a complete listing Advisory Committee, Grangeville, guide future census design, as well as of cases in which the activities of the Idaho, USDA, Forest Service. benefit other ongoing programs conducted by the Census Bureau, such Center have resulted in increased access ACTION: Notice of meeting. as the American Community Survey. to healthy, affordable foods, such as SUMMARY: The 2010 CPEX includes four fresh fruit and vegetables, particularly Pursuant to the authorities in the Federal Advisory Committee Act experiments and over 20 evaluations. for school-aged children and (Pub. L. 92–463) and under the Secure This request for OMB approval covers individuals in low income Rural Schools and Community Self- all four experiments and four of the 20 communities; and a determination of Determination Act of 2000 (Pub. L. 110– evaluations. For the remaining 16 whether the activities identified are 343) the Nez Perce and Clearwater evaluations in the 2010 CPEX, some do sustained during the years following the National Forests’ North Central Idaho not involve data collections and do not initial provision of technical assistance Resource Advisory Committee will meet require OMB approval; others are still in and sub-grants. Wednesday, March 25th, 2009 in development, and will be submitted for OMB clearance at a later time. The four Additional Supplementary Information Grangeville, Idaho for a business meeting. The meeting is open to the experimental studies are as follows: It is anticipated that the competitive public. 2010 Alternative Questionnaire Experiment (AQE); 2010 Nonresponse RFA will request applications within 60 SUPPLEMENTARY INFORMATION: The days of issue. Proposals will be accepted Followup (NRFU) Contact Strategy business meeting on March 25th will be Experiment; 2010 Deadline Messaging through Grants.gov. All proposals held at the Super 8 motel in Grangeville, (DM)/Compressed Schedule (CS) meeting requirements of the RFA will be Idaho, beginning at 10 a.m. (PST). Experiment; and 2010 Privacy peer reviewed in a CSREES competitive Agenda topics will include reviewing Notification (PN) Experiment. The four process with one single award for new law, election of chairperson and evaluations are as follows: 2010 AQE approximately 1 million dollars (less discussion of potential projects. A Reinterview Evaluation; 2010 Content administrative costs). It is anticipated public forum will begin at 3:15 p.m. Reinterview Evaluation; 2010 that this will be a continuation award (PST). Alternative Group Quarters (GQ) with the potential for three years of FOR FURTHER INFORMATION CONTACT: Questionnaire Evaluation; and the 2010 funding. A continuation is an award Laura A. Smith, Public Affairs Officer Interactive Voice Response (IVR) instrument by which the CSREES agrees and Designated Federal Officer, at (208) Customer Satisfaction Survey to support a specified level of effort for 983–5143. Evaluation. The Census Bureau a predetermined period of time with a Dated: February 23, 2009. identified the need to include the IVR statement of intention to provide Customer Satisfaction Survey Thomas K. Reilly, additional support at a future date, Evaluation in this generic clearance Forest Supervisor. provided that performance has been package after the publication of the pre- satisfactory, appropriations are available [FR Doc. E9–4344 Filed 3–2–09; 8:45 am] submission notice in the Federal for this purpose, and continued support BILLING CODE 3410–11–M Register on September 24, 2008. The would be in the best interest for the Census Bureau and the Office of Federal government and the public. Management and Budget (OMB) have DEPARTMENT OF COMMERCE discussed and agree on the inclusion of Implementation Plans the IVR Customer Satisfaction Survey Submission for OMB Review; Evaluation in this package. CSREES plans to consider stakeholder Comment Request All of the experiments and input received from written comments evaluations are primarily designed for in developing competitive RFAs and The Department of Commerce will submit to the Office of Management and use by the Census Bureau and will implementing regulations for this inform early 2020 testing and planning. Budget (OMB) for clearance the program. CSREES anticipates releasing a These experiments and evaluations are following proposal for collection of designed to identify improvements for RFA for fiscal year 2009 funds by April information under the provisions of the the next decennial census. Census 2009. Paperwork Reduction Act (44 U.S.C. Bureau managers and planners will use Done at Washington, DC, this 25th day of chapter 35). results from these studies to focus 2020 February 2009. Agency: U.S. Census Bureau. Title: Generic Clearance for 2010 decennial census planning and research. Colien Hefferan, This request is for a generic clearance, Census Program for Evaluations and Administrator, Cooperative State Research, which seeks to gain pre-approval for the Education, and Extension Service. Experiments. Form Number(s): Various. evaluations and experiments listed [FR Doc. E9–4384 Filed 3–2–09; 8:45 am] OMB Control Number: None. above. General descriptions of each BILLING CODE 3410–22–P Type of Request: New collection. activity, and as much detail as can be Burden Hours: 26,854. provided presently are provided to OMB Number of Respondents: 1,815,000. in this clearance request. However, Average Hours per Response: Between some details and the forms to be utilized 7 and 10 minutes. are not finalized as of the date of this Needs and Uses: As with previous submission and are not provided to decennial censuses dating back to 1950, OMB in the clearance request. These

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details and final forms will be submitted the U.S. Virgin Islands (collectively DEPARTMENT OF COMMERCE to OMB in advance of each activity as referred to as the Island Areas) as part non-substantive change requests. of the 2010 Census. The United States Census Bureau Affected Public: Individuals or Constitution mandates that a census of households. Proposed Information Collection; the Nation’s population be taken every Comment Request; 2010 Census Frequency: One time. ten years. In Title 13, U.S. Code, the Respondent’s Obligation: With the Integrated Communication Program Congress gave the Secretary of Evaluation exception of the voluntary IVR Commerce (delegated to the Director of Customer Satisfaction Survey, these the Census Bureau) authority to AGENCY: U.S. Census Bureau, activities are mandatory. undertake the decennial census. The Commerce. Legal Authority: Title 13, United ACTION: Notice. States Code, Section 141 and 193. geographic scope of the decennial census is specified in Title 13 U.S.C., OMB Desk Officer: Brian Harris- SUMMARY: The Department of Kojetin, (202) 395–7314. Section 191 as covering the 50 states, Commerce, as part of its continuing Copies of the above information the District of Columbia, Puerto Rico, effort to reduce paperwork and collection proposal can be obtained by the U.S. Virgin Islands of the United respondent burden, invites the general calling or writing Diana Hynek, States, the Commonwealth of the public and other Federal agencies to Departmental Paperwork Clearance Northern Mariana Islands, Guam, and take this opportunity to comment on Officer, (202) 482–0266, Department of any other areas as may be determined by proposed and/or continuing information Commerce, Room 7845, 14th and the Department of State. In the 2010 collections, as required by the Constitution Avenue, NW., Washington, Census, the Census Bureau also will Paperwork Reduction Act of 1995, DC 20230 (or via the Internet at enumerate the Pacific Island Area of Public Law 104–13 (44 U.S.C. [email protected]). American Samoa. Census data are used 3506(c)(2)(A)). Written comments and to determine funding allocations for the DATES: To ensure consideration, written recommendations for the proposed distribution of federal and state funds comments must be submitted on or information collection should be sent each year. before May 4, 2009. within 30 days of publication of this ADDRESSES: Direct all written comments notice to Brian Harris-Kojetin, OMB From the 2010 Census of the Island to Diana Hynek, Departmental Desk Officer either by fax (202–395– Areas, the Census Bureau will collect Paperwork Clearance Officer, 7245) or e-mail ([email protected]). demographic, social, economic, and housing characteristics specifically Department of Commerce, Room 7845, Dated: February 25, 2009. elaborated in Title 13 U.S. Code. The 14th and Constitution Avenue, NW., Gwellnar Banks, code also provides for the Washington, DC 20230 (or via the Management Analyst, Office of the Chief confidentiality of responses to various Internet at [email protected]). Information Officer. surveys and censuses. FOR FURTHER INFORMATION CONTACT: [FR Doc. E9–4376 Filed 3–2–09; 8:45 am] Requests for additional information or Affected Public: Individuals or BILLING CODE 3510–07–P copies of the information collection households. instrument(s) and instructions should Frequency: One-time. be directed to Donna Souders, Bureau of DEPARTMENT OF COMMERCE Respondent’s Obligation: Mandatory. the Census, HQ–3H470A, Washington DC; (301) 763–1810 (or via the Internet Submission for OMB Review; Legal Authority: Title 13 U.S.C. at [email protected]). Comment Request Sections 141 and 191. SUPPLEMENTARY INFORMATION: The Department of Commerce will OMB Desk Officer: Brian Harris- I. Abstract submit to the Office of Management and Kojetin, (202) 395–7314. Budget (OMB) for clearance the Copies of the above information The Census Bureau will conduct the following proposal for collection of collection proposal can be obtained by 2010 Census Program for Evaluations information under the provisions of the calling or writing Diana Hynek, and Experiments (CPEX) to evaluate the Paperwork Reduction Act (44 U.S.C. Departmental Paperwork Clearance current census and to build a chapter 35). Officer, (202) 482–0266, Department of foundation on which to make early and Agency: U.S. Census Bureau. Commerce, Room 7845, 14th and informed decisions for planning the Title: 2010 Census—American Samoa, Constitution Avenue, NW., Washington, next census in 2020. Program planners the Commonwealth of the Northern DC 20230 (or via the Internet at designed CPEX to measure the effectiveness of the 2010 Census design Mariana Islands, Guam, and the U.S. [email protected]). Virgin Islands. (including operations, systems, and OMB Control Number: 0607–0860. Written comments and processes), in addition to determining Form Number(s): Various. recommendations for the proposed how the design impacts data quality. Type of Request: Reinstatement, with information collection should be sent The intent of this public notice is to change, of an expired collection. within 30 days of publication of this present the plan for and to invite Burden Hours: 111,675. notice to Brian Harris-Kojetin, OMB comments on one CPEX project: The Number of Respondents: 158,700. Desk Officer either by fax (202–395– 2010 Census Integrated Communication Average Hours per Response: 42 7245) or e-mail ([email protected]). Program (ICP) Evaluation. In September 2007, the Census minutes. Dated: February 26, 2009. Needs and Uses: The U.S. Census Bureau contracted the services of Bureau (Census Bureau) requests Gwellnar Banks, Draftfcb, Inc., a marketing authorization from the OMB to collect Management Analyst, Office of the Chief communications agency, to create, data from the public in American Information Officer. produce and implement an integrated Samoa, the Commonwealth of the [FR Doc. E9–4430 Filed 3–2–09; 8:45 am] marketing and communications Northern Mariana Islands, Guam, and BILLING CODE 3510–07–P campaign in support of the 2010

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Census. The contract, known as the also involves assessing the extent to Evaluation Design 2010 Census Integrated Communication which the campaign moves people NORC’s proposed evaluation design Campaign (ICC), was awarded as an toward the goal of responding to the involves the following key elements: Indefinite Delivery—Indefinite Quantity census. This may consist of measuring conduct surveys of the general public (IDIQ), multiple-year contract (one 12- the effectiveness of specific messages for based on probability methods that month base year and three 12-month target audiences, measuring increases in combine cross-sectional, time-series option years), with an estimated value awareness of the census and changes in samples with longitudinal samples to of $207 million. attitudes toward the census (survey maximize the statistical power of cross- The 2010 Census ICC is the second research), and measuring changes in sectional estimates and change over time that the decennial census has intention to return the census form and time and in response to 2010 Census involved a paid advertising campaign. actual return of the form (survey ICC efforts. NORC will conduct hybrid Evaluations of the Census 2000 paid research; modeling). These are general (cross-sectional/longitudinal) surveys advertising campaign indicated that the measures of effectiveness, and when with probability samples of United effort contributed to increasing mail used together, provide a good indicator States households, oversampling returns of census forms, thereby of how well a campaign does in support minority populations and other target reducing costs of the Non-Response of the overall objectives. Follow-Up operation. The 2010 Census NORC’s evaluation will objectively segments, at three points in time— ICC contract is a major public measure whether campaign strategies [Wave 1] during the earliest phases of expenditure and has great potential to and tactics were effective in raising partnership activity, in mid-2009 to affect the quality and overall cost of the awareness, changing attitudes and/or assess baseline levels of all measures of 2010 Census. For these reasons, a beliefs, and influencing behavior. In public attention and intentions that will rigorous and independent evaluation of assessing the overall effectiveness of the be the focus of the 2010 Census ICC; the 2010 Census ICC is essential for campaign, NORC will also identify and [Wave 2] during the expected peak of assessing the success of the 2010 Census measure the impact of key phenomena 2010 Census ICC activity from January and planning for the 2020 Census. pertaining to the 2010 Census, but through May 2010; and [Wave 3] during The 2010 Census ICC also includes outside the scope of the official ICP. the post mailout period from May partnerships, the Census in Schools This includes acknowledgement and through August 2010. effort, and other related outreach measurement of breaking events. Exposure to components of the 2010 programs and activities to the public. Finally, NORC will compare the Census ICC will be estimated using The Census Bureau partnership knowledge, attitudes, and beliefs about several data sources in addition to campaign involves the Census Bureau the Census held by Americans before, survey data. These data sources will partnering with state and local during, and after the 2010 Census ICC permit exploration of relationships organizations, including churches and implementation with those held at between intensity of campaign activity social organizations, to help U.S. similar points in time relative to the and changes in awareness, attitudes, residents learn about the Census, and be Census 2000. and intentions among the general public encouraged to participate by people Populations of Interest: The Census and key population subgroups. Data they trust rather than the government Bureau and Draftfcb have identified two sources will include ratings and collecting the data. The Census in classifications of the U.S. population impressions data for the paid Schools campaign is an effort to reach that undergird much of the design and advertising campaign, and the Census families through their school-age implementation of the 2010 Census ICC. Bureau’s Integrated Campaign children. These two classifications figure Partnership Database (ICPD) data for In the fall of 2008, after an open prominently in the sample design and measuring partnership activity. NORC competition, the Census Bureau analysis plan for the 2010 Census ICP also plans to merge actual data on awarded a contract to the National Evaluation. First, the Census Bureau has household participation in the 2010 Opinion Research Center (NORC) at the identified five race/ethnicity Census with the survey records of University of Chicago to conduct an populations of particular priority in households in the 2010 Census ICP evaluation of the 2010 Census ICC. census outreach efforts. These are: Black Evaluation survey sample for a more NORC is tasked with conducting an Africans and African-Americans, detailed and accurate record of independent evaluation of the Hispanics of any race, Native Hawaiians households’ census participation, integrated marketing communication and other Pacific Islanders, American including mailback status, cooperation campaign to determine if the campaign Indians and Alaska Natives, and Asians. with enumerators, and other indicators is achieving its goals. The purpose of In addition, Draftfcb and the Census of census actions regarding these the evaluation is to assess the impact of Bureau have devised an audience households’ 2010 participation. Each of the entire campaign in addition to segmentation that classifies all census these alternative data sources will be determining the contribution of each of tracts in the United States into one of essential in corroborating, triangulating its components: Paid media/advertising, eight segments that share similar with, or providing alternative measures partnerships, the Census in Schools socioeconomic and other demographic of exposure to the self-reported program, and related outreach to the characteristics as well as propensity to campaign exposure measures collected public. NORC has developed an complete the census form. The eight through surveys. evaluation strategy to determine if the audience segments are: Advantaged NORC will collaborate with Census following three goals were achieved by Homeowners, All Around Average I, All Bureau staff to compile aggregate-level the 2010 Census ICC. Around Average II, Economically data on the 2010 Census ICC effort and (1) Increased mail response; Disadvantaged, Ethnic Enclave I, Single Census results to analyze the (2) Reduced differential undercount; Unattached Mobiles, Economically relationships between measures of and Disadvantaged II, and Ethnic Enclave II. planned and actual 2010 Census ICC (3) Improved cooperation with The audience segments provide the activity (by component) and aggregate enumerators. basis for 2010 Census ICC decisions Census participation results (mail NORC’s evaluation of the regarding resources, media selection, response, enumerator response, non- effectiveness of the overall campaign and tailored messages. response) in 1990, 2000, and 2010 to

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identify trends over time in target standard errors for this wave, but will California, which contains 25.4 percent segments and for hard-to-count areas. also permit selection of additional of U.S. NHOPIs, but only 0.64 percent To improve the ability of the NORC respondents into the sample to support of California residents are NHOPI. The design to detect a relationship between the observational study design state with the next largest NHOPI campaign exposure and response, there described above. population is Washington, which has will also be ‘observational case-control The three largest race/ethnicity 4.8 percent of U.S. NHOPIs, but only studies.’ In these studies, additional groups will be fielded together as a core 0.70 percent of Washington residents cases will be added in geographical sample from a nationally representative are NHOPI. NORC will select Waves 1, areas selected as matched pairs. These sample of households selected using 2, and 3 samples from all five counties pairs will be similar on socio- NORC’s 2000 National Frame. The three in Hawaii. demographic and psychosocial additional samples are of sufficiently The Census Bureau is discussing the characteristics but may be likely to rare populations that they must be sampling strategies for these three experience planned or unplanned selected separately. supplemental samples with NORC and variations in the implementation of may propose an alternative approach. 2010 Census ICC components. The pairs Three Supplemental Samples will be determined during the course of For the remaining three race/ethnicity Analysis the 2010 Census ICP Evaluation using populations, manipulating the tracts The 2010 Census ICP Evaluation evidence gathered from Draftfcb strategy and segments selected will not be questionnaires will cover such topics as: and implementation, Waves 1 and 2 sufficient to meet the target sample Demographics; general media use and data from this evaluation, as well as the sizes. Therefore, NORC will have to other activities that might lead to ancillary data mentioned above. The field independent samples. Asian and exposure to the 2010 Census ICC; objective is to compare public exposure Native Hawaiian samples can be drawn knowledge, attitudes, and beliefs about to the persuasive messages delivered from addresses in NORC’s National the Census; intent to participate; actions through 2010 Census ICC components Frame, but American Indian/Alaska taken upon receipt of the Census form and to measure the resulting differential Native reservation samples will require or interactions with Census enumerators impact (if any), improving the clarity of fresh listing. (depending on the timing of the wave); the evidence for 2010 Census ICC American Indians/Alaska Native (AIAN) and self-reported exposure to 2010 effects. Census ICC activities, including Combining and interpreting results According to the 2000 Census, there unaided and aided awareness and from multiple analytical approaches were 3,420,171 persons living in the confirmed recall questions. will improve the capacity of the design United States that were non-Hispanic Analyses will include cross-sectional to answer the key evaluation questions and AIAN (alone or in combination with examinations of each wave’s data concerning the impact of the 2010 another race), and 998,199 living on the independently, as well as repeated Census ICC and its components, and the 651 U.S. reservations (29.3 percent of cross-section and longitudinal analyses return on investment of 2010 Census the AIAN population). For cost- across waves. By incorporating various ICC resources with respect to the three efficiency, NORC will select Waves 1, 2, other data sources, NORC will be able primary outcomes of interest. As and 3 samples from 20 reservations out to estimate campaign evaluation-style needed, qualitative data collection may of the 283 reservations with at least 250 models for assessing the impact of further inform or illuminate puzzles AIANs. various components of the 2010 Census within the analysis activity. Asians ICC. Analyses will focus on the general Sample Selection public, the five hard-to-enumerate According to the 2000 Census, there groups, and the eight audience The 2010 Census ICP Evaluation data were 11,266,934 persons in the United segments. For each of these sub- collection plan calls for 3,000 cases each States that were non-Hispanic and populations, NORC will discuss the in Waves 1 and 2, and 4,200 cases in Asian (alone or in combination with various research questions described Wave 3. Approximately 1,500 cases in another race). Of these, 17.0 percent live above. each of Waves 2 and 3 will come from in the five U.S. cities with the largest a longitudinal panel of Wave 1 cases, Asian populations, and 29.3 percent live II. Method of Collection while the remaining cases in the Wave in the 40 cities with the largest Asian Pre-Testing of Survey Instruments will be selected for the first time. populations that also satisfy a density of In Waves 1 and 2, equal numbers of 10 percent. NORC will select Waves 1, At least 75 percent of the cases will come from each of the five 2, and 3 samples from 40 cities within questionnaire items for all three waves’ race/ethnicity populations and the its National Frame (some, like Fremont, instruments have previously been remaining non-targeted group. The CA, are not the central city for a administered in national surveys sample size of 500 per race/ethnicity metropolitan statistical area). cleared by Office of Management and group used in the 2000 Partnership and Budget (OMB). Chiefly, the source Marketing Program Evaluation (PMPE), Native Hawaiian and Pacific Islander instruments are from the 2000 PMPE the analogous evaluation from the 2000 (NHOPI) and the Census Barriers, Attitudes, and Census, resulted in design effects According to the 2000 Census, there Motivations Survey (fielded in 2008, by around 2.0 and standard errors of 3.2 were 860,965 persons living in the Macro International Inc. for DraftFCB). percent (on a binary proportion of 50 United States who were non-Hispanic Additional pre-testing of the proposed percent). The same sample sizes are and NHOPI (alone or in combination instruments will be conducted under planned for the 2010 Census ICP with another race). Of these persons, the generic OMB clearance provided to Evaluation. For Wave 3, the sample size 32.8 percent live in the state of Hawaii, the Census Bureau for CPEX data will grow to 900 for each of the three and 23.32 percent of Hawaii residents collection. All three draft questionnaires largest race/ethnicity groups (non- are NHOPI; less than 1 percent of will be pre-tested using cognitive targeted, non-Hispanic Black African residents are NHOPI in all other states. interviewing techniques and then for and African-American, Hispanic of any The state with the largest NHOPI accuracy of timing estimates. race). This will not only decrease the population outside of Hawaii is Convenience sample respondents will

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be recruited from the general public, the on ad viewing, but also on the details of advertisements are available for review. five hard-to-enumerate populations the ad content. This question type will Templates of these question formats will identified as priorities by the Census be of great value in the Waves 2 and 3 be submitted with the original OMB Bureau, and the eight ‘audience questionnaires, when the paid package, but specific questions will be segments’ defined at the census-tract advertising campaign will be in full submitted to OMB for review after the level. swing. Final advertisements will not be formal clearance process has been A key tool for improved quality of developed, however, until closer to the completed. self-reported media exposure data is the time of campaign implementation. Survey Schedule use of confirmed recall items in which Specific questionnaire items will be respondents are not only asked to report developed and pre-tested after final Three surveys are proposed:

Wave [dates] Sample size and composition Comments

1 [Summer/Fall 2009] ...... 3,000 evenly distributed across 6 race/ethnic groups. 2 [January 10–May 15, 2010] ...... 3,000 evenly distributed across 6 1,500 cases (evenly distributed across race/ethnic groups) who com- race/ethnic groups. pleted Wave 1 as well. 3 [May 15–August 31, 2010] ...... 4,200, of which 3,000 evenly dis- + 1,500 cases (evenly distributed across race/ethnic groups) who tributed across 6 race/ethnic completed Wave 1 (and possibly Wave 2) as well. groups. + 1,200 cases in selected sites for ‘observational case control’.

Mixed-Mode Data Collection IV. Request for Comments purpose subzone status on behalf of Qimonda North America Corporation in NORC will employ an address-based Comments are invited on: (a) Whether Sandston, Virginia. The application was sampling design that marries the the proposed collection of information filed on December 2, 2008 (73 FR 76613, comprehensive coverage of address lists is necessary for the proper performance 12/17/2008). with the cost effectiveness of telephone of the functions of the agency, including data collection. Through telephone whether the information shall have The case has been closed without number matching services and advance practical utility; (b) the accuracy of the prejudice. letter requests to sampled addresses, agency’s estimate of the burden Dated: February 24, 2009. NORC will begin the data collection (including hours and cost) of the Andrew McGilvray, effort by telephone, expecting to obtain proposed collection of information; (c) Executive Secretary. ways to enhance the quality, utility, and phone numbers for approximately 60 [FR Doc. E9–4469 Filed 3–2–09; 8:45 am] clarity of the information to be percent of the selected sample. Cases BILLING CODE 3510–DS–S will then also be solicited for web collected; and (d) ways to minimize the completion, or completion by mail and burden of the collection of information by paper-and-pencil Self-Administered on respondents, including through the DEPARTMENT OF COMMERCE Questionnaire. A sub-sample of all cases use of automated collection techniques not completed will be fielded in-person. or other forms of information Bureau of Industry and Security Telephone interviewing will make use technology. Comments submitted in response to of Computer-Assisted Telephone Proposed Information Collection; this notice will be summarized and/or Interviewing technologies, while in- Comment Request; Chemical Weapons included in the request for OMB person data collection will make use of Convention Amendment: End-Use approval of this information collection; paper and pencil questionnaires. Certificates, Advanced Notifications they also will become a matter of public Telephone and in-person data collection and Annual Reports record. will be conducted in the languages of AGENCY: Bureau of Industry and the 2010 census form: English, Spanish, Dated: February 25, 2009. Security, Commerce. Chinese, Korean, Vietnamese and Gwellnar Banks, Russian. Management Analyst, Office of the Chief ACTION: Notice. Information Officer. III. Data [FR Doc. E9–4380 Filed 3–2–09; 8:45 am] SUMMARY: The Department of OMB Control Number: None. BILLING CODE 3510–07–P Commerce, as part of its continuing effort to reduce paperwork and Form Number: To be determined. respondent burden, invites the general Type of Review: Regular submission. DEPARTMENT OF COMMERCE public and other Federal agencies to Affected Public: Households. take this opportunity to comment on Estimated Number of Respondents: Foreign–Trade Zones Board proposed and/or continuing information 7,200. (Docket 65–2008) collections, as required by the Estimated Time per Response: 30 Paperwork Reduction Act of 1995. minutes. Foreign–Trade Zone 207 Richmond, DATES: Written comments must be Estimated Total Annual Burden Virginia, Withdrawal of Request for submitted on or before May 4, 2009. Hours: 5,100. Subzone Status, Qimonda North ADDRESSES: Direct all written comments 2009: 1,500 hours (Wave 1). America Corporation, Sandston, Virginia to Diana Hynek, Departmental 2010: 3,600 hours (Waves 2 and 3). Paperwork Clearance Officer, Estimated Total Annual Cost: $0. Notice is hereby given of the Department of Commerce, Room 7845, Respondent’s Obligation: Voluntary. withdrawal of the application of the 14th and Constitution Avenue, NW., Legal Authority: Title 13 U.S.C. 141 Capital Region Airport Commission, Washington, DC 20230 (or via the and 193. grantee of FTZ 207, requesting special– Internet at [email protected]).

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FOR FURTHER INFORMATION CONTACT: burden of the collection of information days after the last day of the anniversary Requests for additional information or on respondents, including through the month of the date of publication of the copies of the information collection use of automated collection techniques order. The Act further provides, instrument and instructions should be or other forms of information however, that the Department may directed to Larry Hall, BIS ICB Liaison, technology. extend that 245–day period to 365 days (202) 482–4895, [email protected]. Comments submitted in response to if it is not practicable to complete the SUPPLEMENTARY INFORMATION: this notice will be summarized and/or review within the foregoing time period. included in the request for OMB See id.; see also 19 CFR 351.213(h)(2). I. Abstract approval of this information collection; The Department finds that it is not This collection of information is they also will become a matter of public practicable to complete the preliminary required by the Chemical Weapons record. results by the current deadline of March 2, 2009 because it needs additional time Convention (CWC), an international Dated: February 25, 2009. to fully analyze the sales and cost–of- arms control treaty that seeks to achieve Gwellnar Banks, an international ban on chemical production supplemental questionnaire Management Analyst, Office of the Chief responses that are due from respondent, weapons. The CWC prohibits the use, Information Officer. development, production, acquisition, and to conduct cost and sales [FR Doc. E9–4382 Filed 3–2–09; 8:45 am] stockpiling, retention, and direct or verifications of the questionnaire indirect transfer of chemical weapons. BILLING CODE 3510–33–P responses. Therefore, in accordance This collection implements certain with section 751(a)(3)(A) of the Act, the Department has decided to extend the provisions involving the transfer of DEPARTMENT OF COMMERCE chemicals between countries. The time limit for the preliminary results by United States is required to notify the International Trade Administration 78 days to May 19, 2009. Unless Organization for the Prohibition of extended, the final results continue to Chemical Weapons (OPCW) at least 30 [A–469–814] be due 120 days after the publication of days before any transfer (export/import) the preliminary results, pursuant to Chlorinated Isocyanurates from Spain: section 751(a)(3)(A) of the Act and of Schedule 1 chemicals to another State Extension of Time Limit for Preliminary Party and to provide annual reports to section 351.213(h) of the Department’s Results of Antidumping Duty regulations. the OPCW on all transfers of Schedule Administrative Review 1 chemicals. In addition, the United This notice is issued and published in accordance with sections 751(a)(1) and States is required to obtain End-Use AGENCY: Import Administration, Certificates for transfers of Schedule 3 International Trade Administration, 777(i)(1) of the Act. chemicals to Non-States Parties to Department of Commerce Dated: February 25, 2009. ensure the transferred chemicals are EFFECTIVE DATE: March 3, 2009. John M. Andersen, only used for the purposes not FOR FURTHER INFORMATION CONTACT: Acting Deputy Assistant Secretary for prohibited under the Convention. Myrna Lobo, AD/CVD Operations, Antidumping and Countervailing Duty Operations. II. Method of Collection Office 6, Import Administration, International Trade Administration, [FR Doc. E9–4467 Filed 3–2–09; 8:45 am] Submitted electronically or in paper U.S. Department of Commerce, 14th BILLING CODE 3510–DS–S form. Street and Constitution Avenue, NW, III. Data Washington DC 20230; telephone: (202) DEPARTMENT OF COMMERCE OMB Control Number: 0694–0117. 482–2371. Form Number(s): None. SUPPLEMENTARY INFORMATION: International Trade Administration Type of Review: Regular submission. Background [A–588–850] Affected Public: Business or other for- profit organizations; not-for-profit On July 30, 2008, the Department of Certain Large Diameter Carbon and institutions. Commerce (the Department) published Alloy Seamless Standard, Line, and Estimated Number of Respondents: the notice of initiation of the Pressure Pipe From Japan: Extension 107. administrative review of the of Time Limit for Preliminary Results of Estimated Time per Response: 30 antidumping duty order on chlorinated Antidumping Duty Administrative minutes. isocyanurates from Spain for the period Review Estimated Total Annual Burden June 1, 2007 through May 31, 2008. See Hours: 54. Initiation of Antidumping and AGENCY: Import Administration, Estimated Total Annual Cost to Countervailing Duty Administrative International Trade Administration, Public: $0. Reviews, Request for Revocation in Part, Department of Commerce. and Deferral of Administrative Review, DATES: Effective Date: March 2, 2009. IV. Request for Comments 73 FR 44220 (July 30, 2008). The FOR FURTHER INFORMATION CONTACT: Comments are invited on: (a) Whether preliminary results of this Alexander Montoro or Nancy Decker, the proposed collection of information administrative review are currently due AD/CVD Operations, Office 1, Import is necessary for the proper performance no later than March 2, 2009. Administration, International Trade of the functions of the agency, including Administration, Department of whether the information shall have Extension of Time Limit for Preliminary Results Commerce, 14th Street and Constitution practical utility; (b) the accuracy of the Avenue, NW., Washington, DC 20230; agency’s estimate of the burden Pursuant to section 751(a)(3)(A) of the telephone (202) 482–0238 or (202) 482– (including hours and cost) of the Tariff Act of 1930, as amended (the Act), 0196, respectively. proposed collection of information; (c) and 19 CFR 351.213(h)(1), the ways to enhance the quality, utility, and Department shall issue preliminary Background clarity of the information to be results in an administrative review of an On July 30, 2008, the Department of collected; and (d) ways to minimize the antidumping duty order within 245 Commerce (‘‘Department’’) published in

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the Federal Register the initiation of We are issuing and publishing this February 25, 2009. administrative review of the notice in accordance with sections Chris Cassel, antidumping duty order on certain large 751(a)(1) and 777(i)(1) of the Act. Acting Director, IA Subsidies Enforcement diameter carbon and alloy seamless Dated: February 26, 2009. Office. standard, line, and pressure pipe from John M. Andersen, [FR Doc. E9–4468 Filed 3–2–09; 8:45 am] Japan, covering the period June 1, 2007, BILLING CODE 3510–DS–S Acting Deputy Assistant Secretary for through May 31, 2008. See Initiation of Antidumping and Countervailing Duty Antidumping and Countervailing Duty Operations. DEPARTMENT OF COMMERCE Administrative Reviews, Request for [FR Doc. E9–4470 Filed 3–2–09; 8:45 am] Revocation in Part, and Deferral of BILLING CODE 3510–DS–P Administrative Review, 73 FR 44220 International Trade Administration (July 30, 2008). The preliminary results [Application No. 87–8A001] for this administrative review are DEPARTMENT OF COMMERCE currently due no later than March 2, Export Trade Certificate of Review 2009. International Trade Administration ACTION: Correction of Previously Extension of Time Limits for Application(s) for Duty–Free Entry of Published Notice of Application (#87– Preliminary Results Scientific Instruments 8A001) to Amend an Export Trade Certificate of Review Issued to Section 751(a)(3)(A) of the Tariff Act Pursuant to Section 6(c) of the Independent Film and Television of 1930, as amended (‘‘the Act’’), Educational, Scientific and Cultural Alliance (formerly named American requires the Department to issue the Materials Importation Act of 1966 (Pub. Film Marketing Association). preliminary results of an administrative L. 89–651, as amended by Pub. L. 106– SUMMARY: Export Trading Company review within 245 days after the last day 36; 80 Stat. 897; 15 CFR part 301), we Affairs (‘‘ETCA’’), International Trade of the anniversary month of an order for invite comments on the question of which a review is requested and a final Administration, Department of whether instruments of equivalent Commerce, has received an application determination within 120 days after the scientific value, for the purposes for date on which the preliminary results to amend an Export Trade Certificate of which the instruments shown below are Review (‘‘Certificate’’). A notice are published. If it is not practicable to intended to be used, are being complete the review within the time summarizing the proposed amendment manufactured in the United States. was published in the Federal Register period, section 751(a)(3)(A) of the Act Comments must comply with 15 CFR allows the Department to extend these on December 15, 2008 (73 FR 75999), 301.5(a)(3) and (4) of the regulations and requesting comments relevant to deadlines to a maximum of 365 days be postmarked on or before March 23, and 180 days, respectively. whether the amended Certificate should 2009. Address written comments to be issued. The Federal Register notice The review covers four Statutory Import Programs Staff, Room published on December 15, 2008, manufacturers/exporters: JFE Steel 3720, U.S. Department of Commerce, contained errors. This correction notice Corporation; Nippon Steel Corporation; Washington, D.C. 20230. Applications supersedes the notice dated December NKK Tubes; and Sumitomo Metal may be examined between 8:30 A.M. 15, 2008. Industries, Ltd. These four and 5:00 P.M. at the U.S. Department of FOR FURTHER INFORMATION CONTACT: manufacturer/exporters submitted Commerce in Room 3720. Jeffrey Anspacher, Director, Export letters to the Department certifying that Docket Number: 08–061. Applicant: Trading Company Affairs, International they made no shipments or entries for California Association for Research in Trade Administration, (202) 482–5131 consumption in the United States of the Astronomy dba W.M. Keck Observatory, (this is not a toll-free number) or e-mail subject merchandise during the period 65–1120 Mamalahoa Highway, at [email protected]. of review (POR). In response to the Kamuela, HI 96743. Instrument: Laser SUPPLEMENTARY INFORMATION: Title III of Department’s query to U.S. Customs and Launch Telescope Assembly (LTA). the Export Trading Company Act of Border Protection (CBP), CBP data Manufacturer: Galileo Avionica, Italy. 1982 (15 U.S.C. 4001–21) authorizes the showed POR entries for consumption of Intended Use: The LTA will be used as Secretary of Commerce to issue Export subject merchandise that were part of a Laser Guide Star Adaptive Trade Certificates of Review. An Export manufactured by one of the respondent Optics System, which will measure and Trade Certificate of Review protects the companies. The information regarding correct for the turbulence in the earth’s holder and the members identified in these entries has been placed on the atmosphere that causes a blurring of the Certificate from state and federal record of this review under the terms of images or the ‘‘twinkling’’ of stars as government antitrust actions and from the administrative protective order. The viewed at nighttime. The LTA will act private treble damage antitrust actions Department is soliciting additional as a projection system to launch a laser for the export conduct specified in the information and comments regarding beam onto a layer of sodium atoms in Certificate and carried out in these entries. Because the Department the mesosphere, around 90 km above compliance with its terms and requires additional time to analyze the the earth’s surface, to provide a high conditions. Section 302(b)(1) of the additional information and comments, it quality ‘‘artificial star’’ in the Export Trading Company Act of 1982 is not practicable to complete this atmosphere that will be used as a and 15 CFR 325.6(a) require the review within the original time limit reference in measuring and correcting Secretary to publish a notice in the (i.e., March 2, 2009). Therefore, the for the blurring effect. Justification for Federal Register identifying the Department is extending the time limit Duty–Free Entry: No US–manufactured applicant and summarizing its proposed for completion of the preliminary instruments in the same general export conduct. results by 120 days to June 30, 2009, in category as the foreign instrument for accordance with section 751(a)(3)(A) of the intended use. Application accepted Request for Public Comments the Act and section 351.213(h)(2) of the by Commissioner of Customs: January 6, Interested parties may submit written Department’s regulations. 2009. comments relevant to the determination

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whether an amended Certificate should AV Pictures Ltd, London, United Insight Film Releasing Ltd., Vancouver, be issued. If the comments include any Kingdom. Canada. privileged or confidential business Bleiberg Entertainment, Beverly Hills, ITN Distribution, Inc., Las Vegas, NV. information, it must be clearly marked CA. Intandem Films, London, United and a non-confidential version of the Bold Films L.P., Los Angeles, CA. Kingdom. comments (identified as such) should be Boll AG, Mainz, Germany. K5 International GmbH, Muenchen, included. Any comments not marked as Brainstorm Media, Beverly Hills, CA. Germany. privileged or confidential business Brightlight Pictures Inc., Burnaby, Kimmel International, New York, NY. information will be deemed to be non- Canada. Koan Inc., Park City, UT. confidential. An original and five (5) Capella International Inc., Los Angeles, Little Film Company (The), Studio City, copies, plus two (2) copies of the non- CA. CA. confidential version, should be Celluloid Dreams, Paris, France. Mainline Releasing, Santa Monica, CA. submitted no later than 20 days after the Cinamour Entertainment, Encino, CA. MarVista Entertainment, Los Angeles, date of this notice to: Export Trading Cine Excel Entertainment, Inc., Gardena, CA. Company Affairs, International Trade CA. Maverick Global, a division of Maverick Administration, U.S. Department of Cinema Management Group, West Entertainment Group, Inc., Deerfield Commerce, Room 7021X, Washington, Hollywood, CA. Beach, FL. DC 20230. Information submitted by any Cinesavvy, Inc., Toronto, Canada. Media 8 Entertainment, Sherman Oaks, person is exempt from disclosure under CJ Entertainment Inc., Seoul, Republic CA. the Freedom of Information Act (5 of (South) Korea. Media Luna Entertainment, Cologne, U.S.C. 552). However, non-confidential Classic Media, Inc., New York, NY. Germany. versions of the comments will be made ContentFilm International, London, Myriad Pictures, Santa Monica, CA. available to the applicant if necessary United Kingdom. Neoclassics Films Ltd., Culver City, CA. for determining whether or not to issue Continental Entertainment Capital, New Films International, Sherman the Certificate. Comments should refer Beverly Hills, CA. Oaks, CA. to this application as ‘‘Export Trade DeAPlaneta, Barcelona, Spain. New Horizons Picture Corp., Los Certificate of Review, application Distribution Workshop, Kowloon Tong, Angeles, CA. number 87–8A001.’’ Hong Kong. NonStop Sales AB, Stockholm, Sweden. A summary of the application for an E! Entertainment Television Networks, Nordisk Film A/S, Valby, Denmark. amendment follows. Los Angeles, CA. Odd Lot International, Culver City, CA. Summary of the Application: Ealing Studios International, London, Paramount Vantage International, Los Applicant: Independent Film and United Kingdom. Angeles, CA. Television Alliance (‘‘IFTA’’), 10850 Echo Bridge Entertainment, Needham, Park Entertainment Ltd., London, Wilshire Blvd., 9th Floor, Los Angeles, MA. United Kingdom. CA 90024. Emperor Motion Pictures, Wanchai, Passport International Entertainment, Contact: Jerald A. Jacobs, Attorney to Hong Kong. LLC, North Hollywood, CA. IFTA, Telephone: (202) 663–8011. Epic Pictures Group, Inc., Beverly Hills, Peace Arch Entertainment, Marina Del Application No.: 87–8A001. CA. Rey, CA. Date Deemed Submitted: December 1, Essential Entertainment, Los Angeles, QED International, Los Angeles, CA. 2008. CA. Quantum Releasing LLC, Burbank, CA. The original IFTA Certificate was EuropaCorp, Paris, France. RHI Entertainment Distribution, LLC, issued on April 10, 1987 (52 FR 12578, Fabrication Films, Los Angeles, CA. New York, NY. April 17, 1987) and last amended on Film Department (The), West Rigel Entertainment, Los Angeles, CA. August 6, 2003 (68 FR 48342, August Hollywood, CA. Screen Capital International Corp., 13, 2003). First California Bank, Los Angeles, CA. Beverly Hills, CA. Proposed Amendment: IFTA seeks to First Look Studios, Century City, CA. Screen Media Ventures, LLC, New York, amend its Certificate to: Foresight Unlimited, Bel Air, CA. NY. 1. Change name of the Certificate Freemantle Corporation (The), Toronto, SND, Neuilly sur Seine, France. holder from ‘‘American Film Marketing Canada. Sobini Films, Santa Monica, CA. Association’’ to the new listing Fries Film Group, Inc., Woodland Hills, Spotlight Pictures, LLC, Hollywood, CA. ‘‘Independent Film and Television CA. Starz Media, Burbank, CA. Alliance’’; 2. Add each of the following Gaiam Americas, Inc., New York, NY. Stevens Entertainment Group, Dallas, companies as a new ‘‘Member’’ of the Gaumont, Neuilly-sur-Seine, France. TX. Certificate within the meaning of Golden Network Asia Limited, Kwun Tandem Communications, Munich, section 325.2(1) of the Regulations (15 Tong, Hong Kong. Germany. GreeneStreet Films, New York, NY. Taurus Entertainment Company, CFR 325.2(1)): 111 Pictures Ltd, London, United HandMade Films International, London, Glendale, CA. Kingdom. United Kingdom. U.S. Bank, Los Angeles, CA. 2929 International, LLC, Beverly Hills, Hollywood Wizard, Northridge, CA. UFO International Productions, CA. ICB Entertainment Finance, Glendale, Burbank, CA. Action Concept Film und CA. UK Film Council, London, United Stuntproduktion GmbH, Huerth/ IM Global, Beverly Hills, CA. Kingdom. Cologne, Germany. Imageworks Entertainment Union Bank of California N.A., Los Alpine Pictures, Inc., Burbank, CA. International, Inc., Chatsworth, CA. Angeles, CA. American Cinema International, Van Imagi Studios, Sherman Oaks, CA. Vision Films, Inc., Sherman Oaks, CA. Nuys, CA. Imagination Worldwide, LLC, Beverly Voltage Pictures, Los Angeles, CA. American World Pictures, Encino, CA. Hills, CA. Wachovia Bank, Los Angeles, CA. Artist View Entertainment, Inc., Studio Independent Film Sales, London, Weinstein Company (The), New York, City, CA. United Kingdom. NY.

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Wild Bunch, Paris, France. Hamdon Entertainment, Studio City, Scanbox International, Inc., Studio City, Worldwide Film Entertainment LLC, VA. CA. Los Angeles, CA. Han Entertainment, Hong Kong. Seven Arts Entertainment, Hollywood, Yari Film Group, LLC, Los Angeles, CA. HBO Enterprises, New York, NY. CA. York International, Sherman Oaks, CA; Hollywood Previews Entertainment, Shapiro/Glickenhaus Ent., Studio City, 3. Delete the following companies as Inc., Santa Monica, CA. CA. ‘‘Members’’ of the Certificate: Horizon Entertainment, Inc., Vancouver, Shooting Gallery, The, Beverly Hills, Alliance Communications Corporation, Canada. CA. Beverly Hills, CA. IAC Film & Television, London, United Silicon Valley Bank for the activities of Alliance Atlantis Communication Corp., Kingdom. its Entertainment Division, Los Toronto, Canada. Imperial Entertainment Group, Beverly Angeles, CA. Arrow Films International Inc., New Hills, CA. Silver Star Film Corp., Los Angeles, CA. York, NY. In-Motion Pictures, Inc., London, Solo Entertainment Group, Inc., Beverly Artisan Entertainment, Santa Monica, United Kingdom. Hills, CA. CA. Interlight Pictures, W. Hollywood, CA. Spelling Films International, Los Bank of America NT & SA, Los Angeles, Intermedia, London, United Kingdom. Angeles, CA. Intra Movies SRL, Rome, Italy. CA. Splendid Pictures, Inc., Bel Air, CA. Banque Paribas, Los Angeles, CA. J&M Entertainment, Los Angeles, CA. JP Morgan Securities, Inc. Entertainment Stadtsparkasse Koeln, Entertainment Behaviour Worldwide, Inc., Los Industries Group, Los Angeles, CA. Finance, Cologne, Germany. Angeles, CA. Kevin Williams Associates, S.A., Starway International, Los Angeles, CA. Beyond Films Ltd., Surry Hills, Madrid, Spain. The Norkat Company Limited, Beverly Australia. King World Productions, Inc., New Hills, CA. Big Bear Licensing Corporation, Inc., York, NY. Tomorrow Film Corp., Santa Monica, Los Angeles, CA. Lewis Horwitz Organization, Los CA. Bonneville Worldwide Entertainment, Angeles, CA. Trident Releasing, Inc., Los Angeles, Encino, CA. Lolafilms, Madrid, Spain. CA. British Film Institute, London, United Lumiere International, Los Angeles, CA. Trimark Pictures, Santa Monica, CA. Kingdom. Marquee Entertainment Inc., Los Trust Film Sales, Hvidovre, Denmark. Broadstar Entertainment Corporation, Angeles, CA. TVA Films, A Division of Group TVA, Hollywood, CA. MCEG Sterling Entertainment, Los Inc., Montreal, Canada. Buena Vista Film Sales, Burbank, CA. Angeles, CA. United Film Distributors, Inc., Los Buena Vista Television, A Division of Melrose Entertainment, Inc., Beverly Angeles, CA. Disney/ABC Int’l TV Inc., Burbank, Hills, CA. Viacom Pictures/Showtime Networks, CA. MTG Media Properties, Ltd., New York, Universal City, CA. BV International Pictures AS, NY. Vine International Pictures, Ltd., Avaldsnes, Norway. Noble Productions, Inc., Los Angeles, Downe, Orpington, United Kingdom. Castle Hill Productions, Inc., New York, CA. Vision International, Beverly Hills, CA. NY. North American Releasing, Inc., World Films, Inc, Los Angeles, CA; and Cecchi Gori Group, Los Angeles, CA. Vancouver, Canada. China Star Entertainment Group, TST, 4. Change the name and/or address Oasis Pictures, Los Angeles, CA. listing of each of the following current Kowloon, Hong Kong. October Films International, New York, Cinema Financial Services, Inc., New Certificate Members: NY. Change ‘‘Alain Siritzky Productions York, NY. Overseas Film Group/First Look Cinequanon Pictures International, Los (ASP), Paris, France’’ to ‘‘Alain Siritzky Pictures, Los Angeles, CA. Productions (ASP), Los Angeles, CA’’; Angeles, CA. P.C. Films Corp., Nantucket, MA. CLT–UFA, Beverly Hills, CA. ‘‘Arclight Films Pty. Ltd., Sydney, P.M. Entertainment, Sunland, CA. Australia’’ to ‘‘Arclight Films Pty. Ltd., Concorde-New Horizons Corporation, Pacific Century Bank, Encino, CA. Moore Park, Australia’’; ‘‘Atrium Los Angeles, CA. Pandora Cinema, Santa Monica, CA. Cori International: Film and Television, Pearson Television International, Los Productions KFT, Rotterdam, The Los Angeles, CA. Angeles, CA. Netherlands’’ to ‘‘Atrium Productions Coutts & Co./Natwest Group, Beverly Phoenician Entertainment, Sherman KFT, Budapest, Hungary’’; ‘‘Cinema Hills, CA. Oaks, CA. Arts Entertainment, Beverly Hills, CA’’ Crown Int’l Pictures, Inc., Beverly Hills Playboy Entertainment Group, Inc., to ‘‘Cinema Arts Entertainment, Los CA. Beverly Hills, CA. Angeles, CA’’; ‘‘Comerica Bank- Discovery Communications, Inc., Powerhouse Entertainment Group, Inc., California, Los Angeles, CA’’ to Bethesda, MD. Beverly Hills, CA. ‘‘Comerica Entertainment Group, Los DZ Bank, London, United Kingdom. Quadra Entertainment, Beverly Hills, Angeles CA’’; ‘‘Crystal Sky Film Roman, Inc., Los Angeles, CA. CA. Communications, Los Angeles, CA’’ to Filmfour International, London, United Quixote Productions, Los Angeles, CA. ‘‘Crystal Sky Worldwide Sales LLC, Los Kingdom. Redwood Communications, Venice, CA. Angeles, CA’’; ‘‘Distant Horizon Ltd., Films (Guernsey) Limited. Renaissance Films, Ltd., London, Surrey, United Kingdom’’ to ‘‘Distant Fleetboston Financial, Boston, MA. United Kingdom. Horizon Ltd., Middlesex, United Franchise Pictures, Los Angeles, CA. Republic Bank California N.A., Beverly Kingdom’’; ‘‘Dream Entertainment, Los Full Moon Pictures, Hollywood, CA. Hills, CA. Angeles, CA’’ to ‘‘Dream Entertainment, G.E.L. Productions, Los Angeles, CA. Republic Entertainment, Inc., Los Beverly Hills, CA’’; ‘‘Filmax- Golden Harvest Entertainment Co., Ltd., Angeles, CA. SOGEDASA, Barcelona, Spain’’ to Beverly Hills, CA. RKO Pictures, Los Angeles, CA. ‘‘Filmax International, Barcelona, Good Times Entertainment, Inc., Bel Rysher Entertainment, Santa Monica, Spain’’; ‘‘Green Communications, Air, CA. CA. Burbank, CA’’ to ‘‘Green

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Communications, Hollywood, CA’’; DEPARTMENT OF COMMERCE in the subject line of the e-mail ‘‘Initial Entertainment, Los Angeles, comment the following document CA’’ to ‘‘GK Films, LLC, Santa Monica, National Oceanic and Atmospheric identifier: File No. 774–1714. CA’’; ‘‘Keller Entertainment Group, Administration FOR FURTHER INFORMATION CONTACT: Sherman Oaks, CA’’ to ‘‘Keller RIN 0648–XN63 Amy Hapeman or Kristy Beard, Entertainment Group, Inc., Los Angeles, (301)713–2289. CA’’; ‘‘Liberty International Marine Mammals; File No. 774–1714 Entertainment, Inc., Los Angeles, CA’’ to SUPPLEMENTARY INFORMATION: The AGENCY: National Marine Fisheries ‘‘Liberation Entertainment, Inc., Los subject amendment to Permit No. 774– Service (NMFS), National Oceanic and Angeles, CA’’; ‘‘Lakeshore International, 1714 issued on June 30, 2004 (68 FR Atmospheric Administration (NOAA), Hollywood, CA’’ to ‘‘Lakeshore 57673) is requested under the authority Commerce. Entertainment Group, LLC, Beverly Hill, of the Marine Mammal Protection Act of ACTION: CA’’; ‘‘Lions Gate Films International, Notice; receipt of application for 1972, as amended (16 U.S.C. 1361 et amendment. Los Angeles, CA’’ to ‘‘LIONSGATE, seq.), and the regulations governing the Santa Monica, CA’’; ‘‘Miramax SUMMARY: Notice is hereby given that taking and importing of marine International, Los Angeles, CA’’ to the National Marine Fisheries Service, mammals (50 CFR part 216). ‘‘Miramax Films, New York, NY’’; Southwest Fisheries Science Center Permit No. 774–1714–09 authorizes ‘‘Moonstone Entertainment, Beverly (SWFSC) (Jeremy Rusin, Principal the SWFSC to conduct research on Hills, CA’’ to ‘‘Moonstone Investigator), 3333 N. Torrey Pines Ct., seven pinniped species, 53 cetacean Entertainment, Studio City, CA’’; La Jolla, CA 92037 has applied for an species, and five sea turtle species in the ‘‘Motion Picture Corporation of amendment to Scientific Research Pacific, Indian, Atlantic, Arctic and America, Santa Monica, CA’’ to ‘‘Motion Permit No. 774–1714–09. Southern Oceans. The permit authorizes Picture Corporation of America, Los DATES: Written, telefaxed, or e-mail Level B harassment during aerial and Angeles, CA’’; ‘‘Natexis Bank—BFCE, comments must be received on or before vessel surveys for photo-identification/ Los Angeles, CA’’ to ‘‘Natixis Banques April 2, 2009. photogrammetry, incidental harassment, Populaires, Los Angeles, CA’’; ‘‘New ADDRESSES: The application and related collection of sloughed skin, and salvage Line Cinema Corporation, Los Angeles, documents are available for review by of carcasses and parts; Level A CA’’ to ‘‘New Line Cinema, Burbank, selecting ‘‘Records Open for Public harassment for capture, biopsy CA’’; ‘‘North by Northwest Distribution, Comment’’ from the Features box on the sampling, and tagging activities; and the Spokane, WA’’ to ‘‘North by Northwest Applications and Permits for Protected import/export of specimens. The permit Entertainment, Spokane, WA’’; ‘‘Omega Species (APPS) home page, https:// holder requests the permit be amended Entertainment Ltd., Los Angeles, CA’’ to apps.nmfs.noaa.gov/index.cfm, and to increase the number of short-beaked ‘‘Omega Entertainment Ltd., Zurich, then selecting File No. 774–1714 from and long-beaked common dolphins Switzerland’’; ‘‘Pathe International, the list of available applications. (Delphinus spp.) that may be harassed Paris, France’’ to ‘‘Pathe Distribution, These documents are also available during vessel and aerial surveys. For Paris, France’’; ‘‘Promark Entertainment upon written request or by appointment each species, up to 60,000 dolphins Group, Los Angeles, CA’’ to ‘‘Promark/ in the following offices: would be harassed annually during Permits, Conservation and Education Zenpix, Sherman Oaks, CA’’; ‘‘Regent aerial surveys, up to 10,000 approached Division, Office of Protected Resources, Entertainment, Los Angeles, CA’’ to by vessel for photo-identification and ‘‘Regent Worldwide Sales LLC, Los NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone 1,500 for biopsy sampling annually. Angeles, CA’’; ‘‘Safir Films, Ltd., During research up to 40,000 animals of Middlesex, United Kingdom’’ to ‘‘Safir (301)713–2289; fax (301)427–2521 and Southwest Region, NMFS, 501 West each species may be incidentally Films, Ltd., Harrow, United Kingdom’’; Ocean Blvd., Suite 4200, Long Beach, harassed annually. The purposes of this ‘‘Studiocanal, Boulogne, France’’ to CA 90802–4213; phone (562)980–4001; research are to investigate the life ‘‘StudioCanal, Issy Les Moulineaux, fax (562)980–4018. history traits and assess the relative France’’; ‘‘TF1 International, Boulogne Written comments or requests for a reproductive rates of these species off Billancourt Cedex, France’’ to ‘‘TF1 public hearing on this request should be the coast of California and Baja International, Issy Les Moulineaux, submitted to the Chief, Permits, California. The amendment would be France’’; ‘‘The Works, London, United Conservation and Education Division, valid for the duration of the permit, Kingdom’’ to ‘‘Works International F/PR1, Office of Protected Resources, which currently expires on June 30, (The), London, United Kingdom’’; and NMFS, 1315 East-West Highway, Room 2009. ‘‘Troma Entertainment, Inc., New York, 13705, Silver Spring, MD 20910. Those Concurrent with the publication of NY’’ to ‘‘Troma Entertainment, Inc., individuals requesting a hearing should this notice in the Federal Register, Long Island City, NY.’’ set forth the specific reasons why a NMFS is forwarding copies of this Dated: February 25, 2009. hearing on this particular amendment application to the Marine Mammal request would be appropriate. Jeffrey Anspacher, Commission and its Committee of Comments may also be submitted by Scientific Advisors. Director, Export Trading Company Affairs. facsimile at (301)427–2521, provided [FR Doc. E9–4412 Filed 3–2–09; 8:45 am] the facsimile is confirmed by hard copy Dated: February 24, 2009. BILLING CODE 3510–DR–P submitted by mail and postmarked no P. Michael Payne, later than the closing date of the Chief, Permits, Conservation and Education comment period. Division, Office of Protected Resources, Comments may also be submitted by National Marine Fisheries Service. e-mail. The mailbox address for [FR Doc. E9–4375 Filed 3–2–09; 8:45 am] providing e-mail comments is BILLING CODE 3510–22–S [email protected]. Include

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DEPARTMENT OF COMMERCE identification of countries that are removal of offshore oil and gas diminishing the effectiveness of ICCAT; structures (EROS) in the Gulf of Mexico. National Oceanic and Atmospheric (6) the results of the meetings of the DATES: This authorization is effective Administration Committee’s Species Working Groups; from February 27, 2009 through 0648–XN58 and (7) other matters relating to the February 26, 2010. international management of ICCAT ADDRESSES: The application and LOAs Advisory Committee to the U.S. species. The public will have access to are available for review by writing to P. Section to the International the open sessions of the meeting, but Michael Payne, Chief, Permits, Commission for the Conservation of there will be no opportunity for public Conservation, and Education Division, Atlantic Tunas (ICCAT); Spring comment. Office of Protected Resources, National Species Working Group Meeting The Committee will meet in its Marine Fisheries Service, 1315 East- Species Working Groups for a portion of West Highway, Silver Spring, MD AGENCY: National Marine Fisheries the afternoon of April 6, 2009, and of 20910–3235 or by telephoning the Service (NMFS), National Oceanic and the morning of April 7, 2009. These contact listed here (see FOR FURTHER Atmospheric Administration (NOAA), sessions are not open to the public, but INFORMATION CONTACT), or online at: Commerce. the results of the species working group http://www.nmfs.noaa.gov/pr/permits/ ACTION: Notice of advisory committee discussions will be reported to the full incidental.htm. Documents cited in this meeting. Advisory Committee during the notice may be viewed, by appointment, Committee’s morning and afternoon SUMMARY: The Advisory Committee during regular business hours, at the open session on April 7, 2009. The (Committee) to the U.S. Section to the aforementioned address. Committee may also go into executive International Commission for the FOR FURTHER INFORMATION CONTACT: session on the afternoon of April 6, Conservation of Atlantic Tunas (ICCAT) Howard Goldstein or Ken Hollingshead, 2009, to discuss sensitive information announces its spring meeting with its Office of Protected Resources, NMFS, relating to an upcoming intersessional Species Working Group Technical 301–713–2289. meeting of ICCAT. This session would Advisors on April 5–7, 2009. The SUPPLEMENTARY INFORMATION: Sections also be closed to the public. Committee will meet to discuss matters 101(a)(5)(A) of the MMPA (16 U.S.C. relating to ICCAT, including the 2008 Special Accommodations 1361 et seq.) direct the NMFS to allow, upon request, the incidental, but not Commission meeting results; research The meeting location is physically and management activities; global and intentional, taking of small numbers of accessible to people with disabilities. marine mammals by United States (U.S.) domestic initiatives related to ICCAT; Requests for sign language the Atlantic Tunas Convention Act- citizens who engage in a specified interpretation or other auxiliary aids activity (other than commercial fishing) required consultation on the should be directed to Melanie King at identification of countries that are within a specified geographical region, (301) 713–2276 at least 5 days prior to if certain findings are made by NMFS diminishing the effectiveness of ICCAT; the meeting date. the results of the meetings of the and regulations are issued. Under the Committee’s Species Working Groups; Dated: February 25, 2009. MMPA, the term ‘‘taking’’ means to and other matters relating to the Rebecca J. Lent, harass, hunt, capture, or kill or to international management of ICCAT Director, Office of International Affairs, attempt to harass, hunt capture, or kill species. National Marine Fisheries Service. marine mammals. Authorization for incidental taking, in DATES: The open sessions of the [FR Doc. E9–4483 Filed 3–2–09; 8:45 am] BILLING CODE 3510–22–S the form of annual LOAs, may be Committee meeting will be held on granted by NMFS for periods up to five April 5, 2009, from 5 p.m. to 7 p.m., years if NMFS finds, after notification April 6, 2009, from 8:30 a.m. to 2:45 DEPARTMENT OF COMMERCE and opportunity for public comment, p.m., and April 7, 2009, from 9 a.m. to that the taking will have a negligible 9:15 a.m. as well as 11 a.m. to 3:30 p.m. National Oceanic and Atmospheric impact on the species or stock(s) of Closed sessions will be held on April 6, Administration marine mammals, and will not have an 2009, from 2:45 p.m. to approximately unmitigable adverse impact on the 6 p.m. and on April 7, 2009, from 9:15 RIN 0648–XN10 availability of the species or stock(s) for a.m. to 11 a.m. subsistence uses (where relevant). In ADDRESSES: The meeting will be held at Incidental Taking of Marine Mammals; Taking of Marine Mammals Incidental addition, NMFS must prescribe the Crowne Plaza, 8777 Georgia Avenue, regulations that include permissible Silver Spring, MD 20910. The phone to the Explosive Removal of Offshore Structures in the Gulf of Mexico methods of taking and other means number is 301–589–5200. effecting the least practicable adverse FOR FURTHER INFORMATION CONTACT: AGENCY: National Marine Fisheries impact on the species and its habitat Melanie King at (301) 713–2276. Service (NMFS), National Oceanic and (i.e., mitigation), and on the availability SUPPLEMENTARY INFORMATION: The Atmospheric Administration (NOAA), of the species for subsistence uses, Advisory Committee to the U.S. Section Commerce. paying particular attention to rookeries, to ICCAT will meet in open session to ACTION: Notice; issuance of letters of mating rounds, and areas of similar receive and discuss information on (1) authorization. significance. The regulations also must the 2008 ICCAT meeting results and including requirements pertaining to the U.S. implementation of ICCAT SUMMARY: In accordance with the monitoring, and reporting of such decisions; (2) 2008 ICCAT and NMFS Marine Mammal Protection Act taking. Regulations governing the taking research and monitoring activities; (3) (MMPA) and implementing regulations, incidental to EROS were published on 2009 ICCAT activities; (4) global and notification is hereby given that NMFS June 19, 2008 (73 FR 34889), and remain domestic initiatives related to ICCAT (5) has issued one-year Letters of in effect from July 21, 2008 through July the Atlantic Tunas Convention Act- Authorization (LOA) to take marine 19, 2013. For detailed information on required consultation on the mammals incidental to the explosive this action, please refer to that

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document. The species that applicants Secretariat will be submitting to the Responses Per Respondent: 1. may take in small numbers during EROS Office of Management and Budget Annual Responses: 900. activities are bottlenose dolphins (OMB) a request to review and approve Hours Per Response: 90. (Tursiops truncatus), Atlantic spotted an extension of a currently approved Total Burden Hours: 81,000. dolphins (Stenella frontalis), information collection requirement OBTAINING COPIES OF pantropical spotted dolphins (Stenella concerning davis-bacon act price PROPOSALS: Requesters may obtain a attenuata), Clymene dolphins (Stenella adjustment (actual method). A request copy of the information collection clymene), striped dolphins (Stenella for public comments was published in documents from the General Services coeruleoalba), spinner dolphins the Federal Register at 73 FR 67488, Administration, Regulatory Secretariat (Stenella longirostris), rough-toothed November 14, 2008. No comments were (VPR), Room 4035, 1800 F Street, NW, dolphins (Steno bredanensis), Risso’s received. Washington, DC 20405, telephone (202) dolphins (Grampus griseus), melon- Public comments are particularly 501–4755. Please cite OMB Control No. headed whales (Peponocephala electra), invited on: Whether this collection of 9000–0154, Davis-Bacon Act—Price pilot whales (Globicephala information is necessary for the proper Adjustment (Actual Method), in all macrorhynchus), and sperm whales performance of functions of the FAR, correspondence. (Physeter macrocephalus). and whether it will have practical Dated: February 26, 2009. Pursuant to these regulations, NMFS utility; whether our estimate of the Al Matera, has issued an LOA to Demex public burden of this collection of Director, Office of Acquisition Policy. Internatioal, Inc. and to Energy Resource information is accurate, and based on [FR Doc. E9–4442 Filed 3–2–09; 8:45 am] Technology GOM, Inc. Issuance of the valid assumptions and methodology; BILLING CODE 6820–EP–S LOAs is based on a finding made in the ways to enhance the quality, utility, and preamble to the final rule that the total clarity of the information to be taking by these activities (with collected; and ways in which we can DEPARTMENT OF EDUCATION monitoring, mitigation, and reporting minimize the burden of the collection of measures) will result in no more than a information on those who are to Notice of Proposed Information negligible impact on the affected species respond, through the use of appropriate Collection Requests or stock(s) of marine mammals and will technological collection techniques or not have an unmitigable adverse impact other forms of information technology. AGENCY: Department of Education. on subsistence uses. NMFS also finds DATES: Submit comments on or before SUMMARY: The Director, Information that the applicant will meet the April 2, 2009. Collection Clearance Division, Regulatory Information Management requirements contained in the ADDRESSES: Submit comments regarding Services, Office of Management, invites implementing regulations and LOA, this burden estimate or any other aspect comments on the proposed information including monitoring, mitigation, and of this collection of information, collection requests as required by the reporting requirements. including suggestions for reducing this Paperwork Reduction Act of 1995. Dated: February 25, 2009. burden to the General Services DATES: Interested persons are invited to James H. Lecky, Administration, Regulatory Secretariat (VPR), 1800 F Street, NW, Room 4041, submit comments on or before May 4, Director, Office of Protected Resources, 2009. National Marine Fisheries Service. Washington, DC 20405. [FR Doc. E9–4482 Filed 3–2–09; 8:45 am] FOR FURTHER INFORMATION CONTACT Mr. SUPPLEMENTARY INFORMATION: Section BILLING CODE 3510–22–S Ernest Woodson, Contract Policy 3506 of the Paperwork Reduction Act of Division, GSA, (202) 501–3775. 1995 (44 U.S.C. Chapter 35) requires SUPPLEMENTARY INFORMATION: that the Office of Management and DEPARTMENT OF DEFENSE Budget (OMB) provide interested A. Purpose Federal agencies and the public an early GENERAL SERVICES The clause at 52.222–32, Davis-Bacon opportunity to comment on information ADMINISTRATION Act—Price Adjustment (Actual collection requests. OMB may amend or Method), requires that a contractor must waive the requirement for public NATIONAL AERONAUTICS AND submit at the exercise of each option to consultation to the extent that public SPACE ADMINISTRATION extend the term of the contract, a participation in the approval process statement of the amount claimed for would defeat the purpose of the [OMB Control No. 9000–0154] incorporation of the most current wage information collection, violate State or Federal law, or substantially interfere Federal Acquisition Regulation; determination by the Department of with any agency’s ability to perform its Submission for OMB Review; Davis- Labor, and any relevant supporting data, statutory obligations. The Direct, Bacon Act—Price Adjustment (Actual including payroll records, that the Regulatory Information Management Method) contracting officer may reasonably require. Services, Office of Management, AGENCIES: Department of Defense (DOD), The contracting officer may include publishes that notice containing General Services Administration (GSA), this clause in fixed-price solicitations proposed information collection and National Aeronautics and Space and contracts, subject to the Davis- requests prior to submission of these Administration (NASA). Bacon Act, that will contain option requests to OMB. Each proposed ACTION: Notice of request for public provisions to extend the term of the information collection, grouped by comments regarding an extension to an contract and the Contracting Officer office, contains the following: (1) Type existing OMB clearance. determines the most appropriate of review requested, e.g., new, revision, method to establish contract price is the extension, existing or reinstatement; (2) SUMMARY: Under the provisions of the method at 22.404–12(c)(3). Title; (3) Summary of the collection; (4) Paperwork Reduction Act of 1995 (44 Description of the need for, and U.S.C. Chapter 35), the Federal B. Annual Reporting Burden proposed use of, the information; (5) Acquisition Regulation (FAR) Respondents: 900. Respondents and frequency of

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collection; and (6) Reporting and/or mailed to [email protected] or faxed Full Text of Announcement Recordkeeping burden. OMB invites to 202–401–0920. Please specify the I. Funding Opportunity Description public comment. complete title of the information The Department of Education is collection when making your request. Purpose of Program: This program especially interested in public comment supports local efforts to enhance the Comments regarding burden and/or oral language, cognitive, and early addressing the following issues: (1) Is the collection activity requirements this collection necessary to the proper reading skills of preschool-aged should be electronically mailed to children, especially those from low- functions of the Department; (2) will [email protected]. Individuals who this information be processed and used income families, through strategies, use a telecommunications device for the materials, and professional development in a timely manner; (3) is the estimate deaf (TDD) may call the Federal of burden accurate; (4) how might the that are grounded in scientifically based Information Relay Service (FIRS) at reading research. Department enhance the quality, utility, 1–800–877–8339. and clarity of the information to be The specific activities for which collected; and (5) how might the [FR Doc. E9–4461 Filed 3–2–09; 8:45 am] recipients must use grant funds are Department minimize the burden of this BILLING CODE 4000–01–P identified in section 1222(d) of the collection on the respondents, including Elementary and Secondary Education through the use of information Act of 1965, as amended (ESEA). This technology. DEPARTMENT OF EDUCATION and other relevant provisions of the ESEA are included in the application Dated: February 25, 2009. Submission for OMB Review; package. Angela C. Arrington, Comment Request Statutory Requirements: All Director, Information Collections Clearance applicants must meet the application Division, Regulatory Information AGENCY: Department of Education. requirements established in section Management Services, Office of Management. ACTION: Correction notice. 1222(b) of the ESEA in order to be Federal Student Aid considered for funding. All applications must include a description of the Type of Review: Extension. SUMMARY: On February 25, 2009, the Department of Education published a following: Title: Guaranty Agency Financial (1) The programs to be served by the Report. comment period notice in the Federal Register (Page 8515, Column 2) for the proposed project, including Frequency: Monthly and Annually. demographic and socioeconomic Affected Public: Businesses or other information collection, ‘‘Federal Family Education Loan (FFEL) Deferment information on the preschool-aged for-profit; State, Local, or Tribal Gov’t, children enrolled in the programs; SEAs or LEAs. Request Forms’’. This notice amends the invitation for comment period for (2) How the proposed project will Reporting and Recordkeeping Hour enhance the school readiness of Burden: interested persons to March 27, 2009. The IC Clearance Official, Regulatory preschool-aged children in high-quality Responses: 468. oral language and literature-rich Burden Hours: 25,740. Information Management Services, Office of Management, hereby issues a environments; Abstract: The Guaranty Agency (3) How the proposed project will Financial Report (GAFR), ED Form correction notice as required by the Paperwork Reduction Act of 1995. prepare and provide ongoing assistance 2000, is used by the thirty-six (36) to staff in the programs, through guaranty agencies under the FFEL Dated: February 26, 2009. professional development and other program, authorized by Title IV, Part B Angela C. Arrington, support, in providing high-quality of the HEA of 1965, as amended. IC Clearance Official, Regulatory Information language, literacy, and prereading Guaranty agencies use the GAFR to: (1) Management Services, Office of Management. activities using scientifically based Request reinsurance from ED; (2) [FR Doc. E9–4462 Filed 3–2–09; 8:45 am] reading research, for preschool-aged request payment on death, disability, BILLING CODE 4000–01–P children; closed school, and false certification (4) How the proposed project will claim payments to lenders; (3) remit to provide services and use instructional ED refunds on rehabilitated loans and DEPARTMENT OF EDUCATION materials that are based on scientifically consolidation loans; (4) remit to ED based reading research on early default and wage garnishment Office of Elementary and Secondary language acquisition, prereading collections. ED also uses report data to Education; Overview Information; activities, and the development of monitor the guaranty agency’s financial Early Reading First Program; Notice spoken vocabulary skills; activities (agency federal fund and Inviting Applications for New Awards (5) How the proposed project will agency operating fund) and each for Fiscal Year (FY) 2009. help staff in the programs to meet more agency’s Federal receivable balance. Catalog of Federal Domestic Assistance effectively the diverse needs of Requests for copies of the proposed (CFDA) Numbers: 84.359A and B. preschool-aged children in the information collection request may be community, including such children accessed from http://edicsweb.ed.gov, Dates: Applications Available: March with limited English proficiency, by selecting the ‘‘Browse Pending 3, 2009. disabilities, or other special needs; Collections’’ link and by clicking on Deadline for Transmittal of Pre- (6) How the proposed project will link number 3949. When you access the Applications: April 2, 2009. integrate such instructional materials information collection, click on and literacy activities with existing ‘‘Download Attachments’’ to view. Deadline for Transmittal of Full preschool programs and family literacy Written requests for information should Applications: June 16, 2009 (for services; be addressed to Department of applicants invited to submit full (7) How the proposed project will Education, 400 Maryland Avenue, SW., applications only). help children, particularly children LBJ, Washington, DC 20202–4537. Deadline for Intergovernmental experiencing difficulty with spoken Requests may also be electronically Review: August 17, 2009. language, prereading, and early reading

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skills, to make the transition from Invitational Priority 2—English classroom should include a teacher who preschool to formal classroom Language Acquisition Plan is proficient in English. instruction in school; For applicants serving children with Invitational Priority 3—Kindergarten (8) If the eligible applicant has limited English proficiency, the Transition received a subgrant under the Reading Secretary is especially interested in The Early Reading First program is applications that include a specific plan First program, subpart 1, part B, title I designed to prepare children to enter for the development of English language of the ESEA, how the activities kindergarten with the necessary proficiency for these children from the conducted under the Early Reading First cognitive, early language, and literacy start of their preschool experience. The program will be coordinated with the skills for success in school. The Early Reading First program is designed eligible applicant’s activities under the Secretary is especially interested in to prepare children to enter Reading First program at the applications that include a specific plan kindergarten with the necessary kindergarten through grade 3 level; and to transition preschool-aged children to cognitive, early language, and literacy (9) How the proposed project will kindergarten. evaluate the success of the activities skills for success in school. School Under this invitational priority, the success often is dependent on each supported under the Early Reading First Secretary is especially interested in child entering kindergarten as proficient program in enhancing the early supporting projects that have as possible in English so that the child language, literacy, and prereading kindergarten transition plans that, at a is ready to benefit from formal reading development of the preschool-aged minimum: (1) Identify the key issues instruction in English when he or she children served by the project. involved in transitioning preschool-aged starts school. Priorities: This competition includes children to kindergarten; (2) Explain four invitational priorities. Under this Note: The term ‘‘limited English how the program would support competition we are particularly proficient’’ is defined in section 9101(25) of continuity through developmentally interested in applications that address the ESEA (20 U.S.C. 7801(25)). That appropriate curricula for preschool and definition is included in the application the following priorities. kindergarten children; (3) Where package. applicable, include a description of how Invitational Priorities: For FY 2009 Under this invitational priority, the the program will effectively support and any subsequent year in which we Secretary is interested in English ongoing communication and make awards from the list of unfunded language acquisition plans that, at a cooperation between the program and applicants from this competition, these minimum: (1) Include a description of Reading First; (4) Include a description priorities are invitational priorities. the applicant’s approach to the of how the program will effectively Under 34 CFR 75.105(c)(1) we do not development of language, based on the support ongoing communication and give an application that meets these linguistic factors or skills that serve as cooperation between the program and invitational priorities a competitive or the foundation for a strong language the local educational agency (LEA); (5) absolute preference over other base, which foundation is a necessary Include a timeline that describes applications. precursor for success in the benchmarks for transition activities; and These priorities are: development of pre-literacy and literacy (6) Include a description of the role of skills for children with limited English stakeholders in transitioning preschool- Invitational Priority 1—Intensity proficiency; (2) Explain the aged children to kindergarten. instructional strategies, based on best The Secretary is especially interested Invitational Priority 4—Community- available valid and reliable research, in preschool programs that operate full- Based Organizations time, full-year, early childhood that the applicant will use to address The Secretary is especially interested educational programs and that serve English language acquisition in a multi- in applications that propose to engage children for the two consecutive years lingual classroom; (3) Describe how the community-based organizations in the prior to their entry into kindergarten. project will facilitate the children’s transition to English proficiency delivery of services under this program. Scientifically based research on through such means as the use of Program Authority: 20 U.S.C. 6371– increasing the effectiveness of early environmental print in appropriate 6376. childhood education programs serving multiple languages and hiring bilingual Applicable Regulations: The children from low-income families tells teachers, paraprofessionals, or Education Department General us that children attending these types of translators to work in the preschool Administrative Regulations (EDGAR) in programs that have a greater intensity of classroom; (4) Include intensive 34 CFR parts 74, 75, 77, 79, 80, 81, 82, service make higher and more persistent professional development for instructors 84, 85, 86, 97, 98, and 99. gains in the language and cognitive and paraprofessionals on the Note: The regulations in 34 CFR part 79 domains than children who attend early development of English language childhood programs that have lesser apply to all applicants except federally proficiency; and (5) Include a timeline recognized Indian tribes. intensity of service. In other words, that describes benchmarks for the children who spend more time in high- introduction of the development of Note: The regulations in 34 CFR part 86 quality early childhood education English language proficiency and the apply to institutions of higher education programs learn more than children who use of measurement tools. only. spend less time in those programs. The Ideally, at least one instructional staff purpose of this invitational priority is to member in each Early Reading First II. Award Information encourage preschool programs classroom that serves limited English Type of Award: Discretionary grant. supported with Early Reading First proficient children will be dual- Estimated Available Funds: funds to provide services that are of a language proficient in the children’s $111,424,000. The actual level of sufficient duration and intensity to first language and in English so as to funding, if any, depends on final maximize language and early literacy facilitate those children’s understanding congressional action. However, we are gains for children enrolled in those of instruction and transition to English inviting applications to allow enough programs. proficiency. At a minimum, each such time to complete the grant process

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before the end of the current fiscal year www.ed.gov/programs/earlyreading/ the following address: http:// if Congress appropriates funds for this eligibility.html. www.Grants.gov. To obtain a copy from program. Eligibility determination date: The ED Pubs, write, fax, or call the Contingent upon the availability of date governing whether an LEA is following: Education Publications funds and the quality of applications, eligible to receive a subgrant under the Center, P.O. Box 1398, Jessup, MD we may make additional awards in FY Reading First program is the date of 20794–1398. Telephone, toll free: 1– 2010 from the list of unfunded publication in the Federal Register of 877–433–7827. FAX: (301) 470–1244. If applicants from this competition. this notice inviting applications for new you use a telecommunications device Estimated Range of Awards: awards under the Early Reading First for the deaf (TDD), call, toll free: 1–877– $1,500,000–$4,500,000. program for FY 2009. 576–7734. Estimated Average Size of Awards: Required submission of eligibility You can contact ED Pubs at its Web $3,000,000. information: In accordance with the site, also: http://www.ed.gov/pubs/ Estimated Number of Awards: 24–74. following instructions, each applicant edpubs.html or at its e-mail address: must complete and submit with its pre- Note: The Department is not bound by any [email protected]. estimates in this notice. application for this competition a Pre- If you request an application package Application Attachment A, Applicant from ED Pubs, be sure to identify this Project Period: Up to 36 months. Eligibility, which is included in the program or competition as follows: III. Eligibility Information application package: CFDA numbers 84.359A and B. • LEAs included on a posted Individuals with disabilities can 1. Eligible Applicants: Under this eligibility list: If the LEA on which you, obtain a copy of the application package competition, eligible applicants are: the applicant, are basing your Early in an accessible format (e.g., braille, (a) One or more LEAs, including Reading First eligibility is included on large print, audiotape, or computer charter schools that are considered the State’s Reading First subgrant diskette) by contacting the program LEAs under State law, that are eligible eligibility list posted on the Early contact person or team listed under to receive a subgrant under the Reading Reading First Web site, you must Accessible Format in section VIII of this First program (Title I, Part B, Subpart 1 complete section I of Pre-Application notice. of the ESEA); Attachment A (Applicant Eligibility) 2. Content and Form of Application (b) One or more public or private and submit that attachment with your Submission: Requirements concerning organizations or agencies (including pre-application. the content of an application, together faith-based organizations) located in a • LEAs not included on a posted with the forms you must submit, are in community served by an eligible LEA; eligibility list: If the LEA on which you, the application package for this or the applicant, are basing your Early competition. (c) One or more eligible LEAs, Reading First eligibility is not included Pre-Application: All applicants must applying in collaboration with one or on the State’s Reading First subgrant apply in the pre-application phase; as more eligible organizations or agencies. eligibility list posted on the Early explained in the application package, To qualify under paragraph (b) of this Reading First Web site, you must only selected applicants will be invited definition, the organization’s or agency’s complete both section I and section II of to submit a full application. application must be on behalf of one or Pre-Application Attachment A Page Limits: You must include in Part more programs that serve preschool- (Applicant Eligibility) and submit that 2 of the pre-application and Part 3 of the aged children (such as a Head Start form with your pre-application. Section full application an Abstract briefly program, a child care program, a family II requires you to verify with your describing your proposed project. You literacy program such as Even Start, or State’s Reading First office, or the BIE, must limit each Abstract to one (1) page. a lab school at a university), unless the as appropriate, that the LEA is in fact The pre-application narrative and the organization or agency itself operates a eligible to receive a Reading First full application narrative for this preschool program. subgrant as of the date of publication in program (Part 3 of the pre-application Lists, by State, of LEAs that qualify the Federal Register of this notice. You and Part 4 of the full application) are under paragraph (a) of this definition for must also submit the name of, and where you, the applicant, address the this FY 2009 competition are posted on contact information for, the person with selection criteria that reviewers use to the Early Reading First Web site at whom you verified that information. If evaluate your pre- and full applications. http://www.ed.gov/programs/ you are invited to submit a full You must limit Part 3 of the pre- earlyreading/eligibility.html. These lists application and we are unable to verify application to the equivalent of no more are based on the most recent the LEA’s eligibility from the contact than fifteen (15) pages and Part 4 of the information provided by each State and information that you have provided, we full application to no more than forty the Department of Interior’s Bureau of may not consider the LEA as an eligible (40) pages. Indian Education (BIE) to the LEA for the purposes of this Part 4 of the pre-application is where Department’s Reading First program, competition or we may require you to you, the applicant, provide the and are posted for the convenience of submit additional written information Appendices for the pre-application. Pre- Early Reading First applicants. demonstrating eligibility. application Appendices are limited to However, we consider it to be each 2. Cost Sharing or Matching: This the following: a list and a brief applicant’s responsibility to verify with program does not require cost sharing or description of the existing preschool the Reading First office in its State, or matching. programs that the proposed Early with the BIE, as appropriate, whether a Reading First project would support; an particular LEA is eligible to receive a IV. Application and Submission English language acquisition plan, if subgrant under the Reading First Information applicable; a kindergarten transition program as of the date of publication of 1. Address To Request Application plan, if applicable; and endnote this notice in the Federal Register. A Package: You can obtain an application citations for research cited specifically list of State and BIE contacts for this package via the Internet or from the in the pre-application narrative. You purpose is also posted at the Early Education Publications Center (ED must limit the list and the brief Reading First Web site at http:// Pubs). To obtain a copy via Internet, use description of the existing preschool

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programs to the equivalent of no more Times. An application submitted in any 6. Other Submission Requirements: than five (5) pages. You must limit any other font will not be accepted. Pre- and full applications for grants English language acquisition plan to the The page limits do not apply to any under this competition must be equivalent of no more than two (2) title page or table of contents, or the submitted electronically unless you pages. You must limit any kindergarten forms in Part I of the pre- and full qualify for an exception to this transition plan to the equivalent of no applications; or the following portions requirement in accordance with the more than two (2) pages. No page limit of the full application: the budget form instructions in this section. applies to the pre-application endnote (ED Form 524) in Part 2; or the a. Electronic Submission of citations. assurances and certifications and the Applications. Part 5 of the full application is where endnotes in Part 7. Pre- and full applications for grants you, the applicant, provide a budget Our reviewers will not read any pages under the Early Reading First program, narrative that reviewers use to evaluate of your pre-application or full CFDA number 84.359A (pre- your full application. You must limit application that exceed the page limit if application) and CFDA number 84.359B the budget narrative in Part 5 of the full you apply these standards; or exceed the (full application), must be submitted application to the equivalent of no more equivalent of the page limit if you apply electronically using the than five (5) pages. other standards. Governmentwide Grants.gov Apply site Part 6 of the full application is where 3. Submission Dates and Times: at http://www.Grants.gov. Through this you, the applicant, provide the Applications Available: March 3, site, you will be able to download a Appendices for the full application. Full 2009. copy of the application package, application Appendices are limited to Deadline for Transmittal of Pre- complete it offline, and then upload and the following: A list and a brief Applications: April 2, 2009. submit your pre- or full application. You may not e-mail an electronic copy description of the existing preschool Deadline for Transmittal of Full programs that the proposed Early of a grant application to us. Applications: June 16, 2009 (for We will reject your pre- or full Reading First project would support; an applicants invited to submit full application if you submit it in paper English language acquisition plan, if applications only). format unless, as described elsewhere in applicable; a kindergarten transition Pre- and full applications for grants this section, you qualify for one of the plan, if applicable; position descriptions under this competition must be exceptions to the electronic submission (and resumes or curriculum vitae if submitted electronically using the requirement and submit, no later than available) for up to five (5) key Grants.gov Apply site (Grants.gov). For two weeks before the pre- or full personnel; endnote citations for information (including dates and times) application deadline date, a written research cited specifically in the full about how to submit your application statement to the Department that you application narrative; and electronically, or in paper format by qualify for one of these exceptions. documentation demonstrating the mail or hand delivery if you qualify for Further information regarding stakeholder support for the project. You an exception to the electronic calculation of the date that is two weeks must limit the list and the brief submission requirement, please refer to before the pre- or full application description of the existing preschool section IV. 6. Other Submission deadline date is provided later in this programs to the equivalent of no more Requirements of this notice. section under Exception to Electronic than five (5) pages. You must limit each We do not consider an application Submission Requirement. resume or curriculum vitae to the that does not comply with the deadline You may access the electronic grant equivalent of no more than three (3) requirements. application for the Early Reading First pages, and limit the documentation Individuals with disabilities who competition at http://www.Grants.gov. demonstrating stakeholder support for need an accommodation or auxiliary aid You must search for the downloadable the project to the equivalent of no more in connection with the application application package for this competition than five (5) pages. You must limit any process should contact the person listed by the CFDA number. Do not include English language acquisition plan to the under FOR FURTHER INFORMATION the CFDA number’s alpha suffix in your equivalent of no more than five (5) CONTACT in section VII of this notice. If search (e.g., search for 84.359, not pages. You must limit any kindergarten the Department provides an 84.359A). transition plan to the equivalent of no accommodation or auxiliary aid to an Please note the following: more than five (5) pages. individual with a disability in • When you enter the Grants.gov site, For all page limits, use the following connection with the application you will find information about standards: process, the individual’s application submitting an application electronically • A ‘‘page’’ is 8.5″ × 11″, on one side remains subject to all other through the site, as well as the hours of only, with 1″ margins at the top, bottom, requirements and limitations in this operation. and both sides. notice. • Applications received by Grants.gov • Double space (no more than three Deadline for Intergovernmental are date and time stamped. Your pre- lines per vertical inch) all text in the Review: August 17, 2009. and full applications must be fully application and budget narratives, 4. Intergovernmental Review: This uploaded and submitted and must be including titles, headings, quotations, competition is subject to Executive date and time stamped by the references, and captions included in the Order 12372 and the regulations in 34 Grants.gov system no later than 4:30:00 body of the narrative. CFR part 79. Information about p.m., Washington, DC time, on the pre- • Text in charts, tables, figures, and Intergovernmental Review of Federal or full application deadline date, as graphs may be single-spaced. Programs under Executive Order 12372 appropriate. Except as otherwise noted • Use one of the following commonly is in the application package for this in this section, we will not accept your used 12-point fonts or larger, or no competition. pre- or full application if it is received— smaller than 10 pitch (characters per 5. Funding Restrictions: We reference that is, date and time stamped by the inch) including for text in endnotes, regulations outlining funding Grants.gov system—after 4:30:00 p.m., charts, tables, figures, and graphs: Times restrictions in the Applicable Washington, DC time, on the pre- or full New Roman, Times, Courier, or CG Regulations section of this notice. application deadline date, as

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appropriate. We do not consider an elsewhere in this section, and submit mailing instructions described application that does not comply with your pre- or full application in paper elsewhere in this notice. the deadline requirement. When we format. If you submit a pre- or full application retrieve your pre- or full application • You must submit all documents after 4:30:00 p.m., Washington, DC time, from Grants.gov, we will notify you if electronically, including all information on the applicable application deadline we are rejecting your pre- or full you typically provide on the following date, please contact the person listed application because it was date and time forms: Application for Federal under FOR FURTHER INFORMATION stamped by the Grants.gov system after Assistance (SF 424), the Department of CONTACT in section VII of this notice and 4:30:00 p.m., Washington, DC time, on Education Supplemental Information for provide an explanation of the technical the applicable application deadline SF 424, Budget Information—Non- problem you experienced with date. Construction Programs (ED 524), and all Grants.gov, along with the Grants.gov • The amount of time it can take to necessary assurances and certifications. Support Desk Case Number. We will upload a pre- or full application will • You must attach any narrative accept your pre- or full application if we vary depending on a variety of factors, sections of your pre- and full can confirm that a technical problem including the size of the application and applications as files in a .DOC occurred with the Grants.gov system the speed of your Internet connection. (document), .RTF (rich text), or .PDF and that that problem affected your Therefore, we strongly recommend that (Portable Document) format. If you ability to submit your pre- or full you do not wait until the pre- or full upload a file type other than the three application by 4:30:00 p.m., application deadline date to begin the file types specified in this paragraph or Washington, DC time, on the applicable submission process through Grants.gov. • submit a password-protected file, we application deadline date. The You should review and follow the will not review that material. Department will contact you after a Education Submission Procedures for • Your electronic pre- and full determination is made on whether your submitting an application through applications must comply with any pre- or full application will be accepted. Grants.gov that are included in the page-limit requirements described in application package for this competition this notice. Note: The extensions to which we refer in to ensure that you submit your pre- and • After you electronically submit this section apply only to the unavailability any full application in a timely manner of, or technical problems with, the Grants.gov your pre- or full application, you will to the Grants.gov system. You can also system. We will not grant you an extension receive from Grants.gov an automatic find the Education Submission if you failed to fully register to submit your notification of receipt that contains a Procedures pertaining to Grants.gov at pre- or full application to Grants.gov before http://e-Grants.ed.gov/help/ Grants.gov tracking number. (This the pre- or full application deadline date and GrantsgovSubmissionProcedures.pdf. notification indicates receipt by time or if the technical problem you • Grants.gov only, not receipt by the experienced is unrelated to the Grants.gov To submit your pre- or full system. application via Grants.gov, you must Department.) The Department then will complete all steps in the Grants.gov retrieve your pre- or full application from Grants.gov and send a second Exception to Electronic Submission registration process (see http:// Requirement: You qualify for an www.grants.gov/applicants/ notification to you by e-mail. This _ second notification indicates that the exception to the electronic submission get registered.jsp). These steps include requirement, and may submit your pre- (1) Registering your organization, a Department has received your pre- or full application and has assigned your or full application in paper format, if multi-part process that includes you are unable to submit a pre- or full registration with the Central Contractor pre- or full application a PR/Award number (an ED-specified identifying application through the Grants.gov Registry (CCR); (2) registering yourself system because— as an Authorized Organization number unique to your pre- or full • You do not have access to the Representative (AOR); and (3) getting application). • We may request that you provide us Internet; or authorized as an AOR by your • organization. Details on these steps are original signatures on forms at a later You do not have the capacity to outlined in the Grants.gov 3-Step date. upload large documents to the Registration Guide (see http:// Application Deadline Date Extension Grants.gov system; www.grants.gov/section910/ in Case of Technical Issues With the and Grants.govRegistrationBrochure.pdf). Grants.gov System: If you are • No later than two weeks before the You also must provide on your pre- and experiencing problems submitting your pre- or full application deadline date (14 full application the same D-U-N-S pre- or full application through calendar days or, if the fourteenth Number used with this registration. Grants.gov, please contact the calendar day before the pre- or full Please note that the registration process Grants.gov Support Desk, toll free, at 1– application deadline date falls on a may take five or more business days to 800–518–4726. You must obtain a Federal holiday, the next business day complete, and you must have completed Grants.gov Support Desk Case Number following the Federal holiday), as all registration steps to allow you to and must keep a record of it. appropriate, you mail or fax a written submit successfully a pre- or full If you are prevented from statement to the Department, explaining application via Grants.gov. In addition electronically submitting your pre- or which of the two grounds for an you will need to update your CCR full application on the applicable exception prevent you from using the registration on an annual basis. This application deadline date because of Internet to submit your pre- or full may take three or more business days to technical problems with the Grants.gov application. complete. system, we will grant you an extension If you mail your written statement to • You will not receive additional until 4:30:00 p.m., Washington, DC the Department, it must be postmarked point value because you submit your time, the following business day to no later than two weeks before the pre- or full application in electronic enable you to transmit your pre- or full applicable application deadline date. If format, nor will we penalize you if you application electronically or by hand you fax your written statement to the qualify for an exception to the electronic delivery. You also may mail your pre- Department, we must receive the faxed submission requirement, as described and full applications by following the statement no later than two weeks

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before the pre- or full application the original and two copies of your pre- the proposed project, the Secretary deadline date. or full application by hand, on or before considers the following factors: Address and mail or fax your the applicable application deadline (a) The extent to which the design of statement to: Pilla Parker, U.S. date, to the Department at the following the proposed project reflects up-to-date Department of Education, 400 Maryland address: U.S. Department of Education, knowledge from research and effective Avenue, SW., room 3E247, Washington, Application Control Center, Attention: practice. (34 CFR 75.210(c)(2)(xiii)) DC 20202–6200. FAX: (202) 260–8969; (CFDA Numbers 84.359A and B), 550 (b) The extent to which the proposed or Rebecca Marek, U.S. Department of 12th Street, SW., Room 7041, Potomac project represents an exceptional Education, 400 Maryland Avenue, SW., Center Plaza, Washington, DC 20202– approach for meeting statutory purposes room 33E250, Washington, DC 20202– 4260. and requirements. (34 CFR 6200. FAX: (202) 260–8969. The Application Control Center accepts 75.210(c)(2)(xiv)) Your paper pre- or full application hand deliveries daily between 8:00 a.m. (c) The extent to which the proposed must be submitted in accordance with and 4:30:00 p.m., Washington, DC time, project will be coordinated with similar the mail or hand delivery instructions except Saturdays, Sundays, and Federal or related efforts, and with other described in this notice. holidays. appropriate community, State, and b. Submission of Paper Applications Federal resources. (34 CFR by Mail. Note for Mail or Hand Delivery of Paper 75.210(c)(2)(xvi)) If you qualify for an exception to the Applications: If you mail or hand deliver B. Full Application: The following electronic submission requirement, you your pre- or full application to the selection criteria for those invited to may mail (through the U.S. Postal Department— (1) You must indicate on the envelope submit full applications are from 34 Service or a commercial carrier) your and—if not provided by the Department—in CFR 75.210 of EDGAR. Further pre- or full application to the Item 11 of the SF 424 the CFDA number, information about each of these Department. You must mail the original including suffix letter, if any, of the selection criteria is in the application and two copies of your pre- or full competition under which you are submitting package. The maximum score for each application, on or before the applicable your pre- or full application; and criterion is indicated after the title of the application deadline date, to the (2) The Application Control Center will criterion. The maximum score for the Department at the following address: mail to you notification of receipt of your full application selection criteria is 100 U.S. Department of Education, grant application. If you do not receive this points. Application Control Center, Attention: notification within 15 business days from the pre- or full application deadline date, you (i) Quality of the project design (0–60 (CFDA Numbers 84.359A and B), LBJ should call the U.S. Department of Education points) Basement Level 1, 400 Maryland Application Control Center at (202) 245– The Secretary considers the quality of Avenue, SW., Washington, DC 20202– 6288. the design of the proposed project. In 4260. determining the quality of the design of You must show proof of mailing V. Application Review Information the proposed project, the Secretary consisting of one of the following: Selection Criteria: This competition considers the following factors: (1) A legibly dated U.S. Postal Service has separate selection criteria for pre- (a) The extent to which the design of postmark. applications and full applications. the proposed project reflects up-to-date (2) A legible mail receipt with the A. Pre-application: The following knowledge from research and effective date of mailing stamped by the U.S. selection criteria for this competition for practice. (34 CFR 75.210(c)(2)(xiii)) Postal Service. the pre-application are from 34 CFR (b) The extent to which the proposed (3) A dated shipping label, invoice, or 75.210 of EDGAR. Further information project represents an exceptional receipt from a commercial carrier. about each of these selection criteria is approach for meeting statutory purposes (4) Any other proof of mailing in the application package. There are and requirements. (34 CFR acceptable to the Secretary of the U.S. two selection criteria, Need for Project 75.210(c)(2)(xiv)) Department of Education. and Quality of the Project Design. The (c) The extent to which the proposed If you mail your pre- or full maximum score for the pre-application project will be coordinated with similar application through the U.S. Postal selection criteria is 100 points. or related efforts, and with other Service, we do not accept either of the (i) Need for project (0–20 points) appropriate community, State, and following as proof of mailing: The Secretary considers the need for Federal resources. (34 CFR (1) A private metered postmark. the proposed project. In determining the 75.210(c)(2)(xvi)) (2) A mail receipt that is not dated by need for the proposed project, the (ii) Quality of project personnel (0–10 the U.S. Postal Service. Secretary considers the following points) If your pre- or full application is factors: The Secretary considers the quality of postmarked after the pre- or full (a) The extent to which the proposed the personnel who will carry out the application deadline date, we will not project will provide services or proposed project. In determining the consider your pre- or full application. otherwise address the needs of students quality of project personnel, the Secretary considers the extent to which Note: The U.S. Postal Service does not at risk of educational failure. (34 CFR uniformly provide a dated postmark. Before 75.210(a)(2)(iii)) the applicant encourages applications relying on this method, you should check (b) The extent to which the proposed for employment from persons who are with your local post office. project will focus on serving or members of groups that have otherwise addressing the needs of traditionally been underrepresented c. Submission of Paper Applications disadvantaged individuals. (34 CFR based on race, color, national origin, by Hand Delivery. 75.210(a)(2)(iv)) gender, age, or disability. (34 CFR If you qualify for an exception to the (ii) Quality of the project design (0–80 75.210(e)(1), (2)) electronic submission requirement, you points) In addition, the Secretary considers (or a courier service) may deliver your The Secretary considers the quality of the following factors: paper pre- or full application to the the design of the proposed project. In (a) The qualifications, including Department by hand. You must deliver determining the quality of the design of relevant training and experience, of the

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project director or principal clearly related to the intended outcomes after each year of implementation; (2) investigator. (34 CFR 75.210(e)(3)(i)) of the project and will produce the percentage of preschool-aged (b) The qualifications, including quantitative and qualitative data to the children participating in Early Reading relevant training and experience, of key extent possible. (34 CFR First programs who demonstrate age- project personnel. (34 CFR 75.210(h)(2)(iv)) appropriate oral language skills after 75.210(e)(3)(ii)) VI. Award Administration Information each year of implementation; (3) the (c) The qualifications, including average number of letters Early Reading relevant training and experience, of 1. Award Notices: If your pre- First preschool-aged children are able to project consultants or subcontractors. application is successful, we notify you identify after each year of (34 CFR 75.210(e)(3)(iii)) in writing and post the list of successful implementation; and (4) the percentage (iii) Adequacy of resources (0–5 applicants on the Early Reading First of preschool-aged children participating points) Web site at http://www.ed.gov/ in Early Reading First programs who The Secretary considers the adequacy programs/earlyreading/awards.html. If achieve significant gains in oral of resources for the proposed project. In your full application is successful, we language skills after each year of determining the adequacy of resources notify your U.S. Representative and U.S. implementation. The Department will for the proposed project, the Secretary Senators and send you a Grant Award provide further information on selecting considers the following factors: Notification (GAN). We may notify you valid, reliable, and age-appropriate (a) The relevance and demonstrated informally, also. assessment instruments on the program commitment of each partner in the If your pre-application is not Web site at http://www.ed.gov/ proposed project to the implementation evaluated, or following the submission programs/earlyreading/applicant.html. and success of the project. (34 CFR of your pre-application you are not All grantees must provide information 75.210(f)(2)(ii)) invited to submit a full application, we on these performance measures in the (b) The extent to which the costs are notify you. If your full application is not annual performance report referred to in reasonable in relation to the objectives, evaluated or not selected for funding, section VI.3. of this notice. design, and potential significance of the we notify you. proposed project. (34 CFR 2. Administrative and National Policy VII. Agency Contact Requirements: We identify 75.210(f)(2)(iv)) FOR FURTHER INFORMATION CONTACT: Pilla administrative and national policy (iv) Quality of the management plan Parker, U.S. Department of Education, requirements in the application package (0–15 points) 400 Maryland Avenue, SW., room and reference these and other The Secretary considers the quality of 3E247, Washington, DC 20202–6132. requirements in the Applicable the management plan for the proposed Telephone: (202) 260–3710 or by e-mail: project. In determining the quality of the Regulations section of this notice. We reference the regulations outlining [email protected]; or Rebecca Marek, management plan for the proposed U.S. Department of Education, 400 project, the Secretary considers the the terms and conditions of an award in the Applicable Regulations section of Maryland Avenue, SW., room 3E250, following factors: Washington, DC 20202–6132. (a) The adequacy of the management this notice and include these and other Telephone: (202) 260–0968 or by e-mail: plan to achieve the objectives of the specific conditions in the GAN. The GAN also incorporates your approved [email protected]. proposed project on time and within If you use a TDD, call the Federal application as part of your binding budget, including clearly defined Relay Service (FRS), toll free, at 1–800– commitments under the grant. responsibilities, timelines, and 877–8339. milestones for accomplishing project 3. Reporting: At the end of your tasks. (34 CFR 75.210(g)(2)(i)) project period, you must submit a final VIII. Other Information (b) The adequacy of procedures for performance report, including financial Accessible Format: Individuals with ensuring feedback and continuous information, as directed by the disabilities can obtain this document improvement in the operation of the Secretary. If you receive a multi-year and a copy of the application package in proposed project. (34 CFR award, you must submit an annual an accessible format (e.g., braille, large 75.210(g)(2)(ii)) performance report that provides the print, audiotape, or computer diskette) (c) The extent to which the time most current performance and financial on request to the program contact expenditure information as directed by commitments of the project director and persons listed under FOR FURTHER the Secretary under 34 CFR 75.118. The principal investigator and other key INFORMATION CONTACT in section VII of project personnel are appropriate and Secretary may also require more this notice. adequate to meet the objectives of the frequent performance reports under 34 Electronic Access to This Document: proposed project. (34 CFR CFR 75.720(c). Early Reading First You can view this document, as well as 75.210(g)(2)(iv)) grantees also are required to meet the all other documents of this Department (v) Quality of the project evaluation annual reporting requirements outlined published in the Federal Register, in (0–10 points) The Secretary considers in section 1225 of the ESEA. For text or Adobe Portable Document the quality of the evaluation to be specific requirements on reporting, Format (PDF) on the Internet at the conducted of the proposed project. In please go to: http://www.ed.gov/fund/ following site: http://www.ed.gov/news/ determining the quality of the grant/apply/appforms/appforms.html. fedregister. evaluation, the Secretary considers the 4. Performance Measures: Under the To use PDF you must have Adobe following factors: Government Performance and Results Acrobat Reader, which is available free (a) The extent to which the methods Act of 1993 (GPRA), the Secretary has at this site. If you have questions about of evaluation are thorough, feasible, and established the following four (4) using PDF, call the U.S. Government appropriate to the goals, objectives, and measures for evaluating the overall Printing Office (GPO), toll free, at 1– outcomes of the proposed project. (34 effectiveness of the Early Reading First 888–293–6498; or in the Washington, CFR 75.210(h)(2)(i)) program: (1) The cost per preschool- DC, area at (202) 512–1530. (b) The extent to which the methods aged child participating in Early of evaluation include the use of Reading First programs who achieves a Note: The official version of this document objective performance measures that are significant gain in oral language skills is the document published in the Federal

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Register. Free Internet access to the official Secretary at the address provided in the parent borrowers under the FFEL edition of the Federal Register and the Code ADDRESSES section of this notice by Program. Through the Auction, the of Federal Regulations is available on GPO April 1, 2009. Secretary will award the rights to Access at: http://www.gpoaccess.gov/nara/ Deadline for Submission of PLUS originate PLUS loans to new parent index.html. Lender of Last Resort Applications: borrowers under the Federal PLUS Delegation of Authority: The Secretary FFEL Program eligible lenders Program authorized by section 428B of of Education has delegated authority to interested in serving as a PLUS lender Title IV of the HEA, for loan periods Joseph C. Conaty, Director, Academic of last resort must submit their beginning on or after July 1, 2009 and Improvement and Teacher Quality applications to the Secretary at the ending June 30, 2011. The right to Programs for the Office of Elementary address provided in the ADDRESSES originate PLUS loans to parent and Secondary Education to perform the section of this notice by April 1, 2009. borrowers under the Federal PLUS functions of the Assistant Secretary for Date of Auction: The Auction will be Program will be determined through a Elementary and Secondary Education. conducted on April 15, 2009. Bids for competitive, sealed bid, one-round origination rights must be submitted on auction to be conducted for each State, Dated: February 26, 2009. the date of the Auction to the Secretary the District of Columbia, Guam, the U.S. Joseph C. Conaty, at the address provided in the Virgin Islands, the Commonwealth of Director, Academic Improvement and ADDRESSES section of this notice. Bids the Northern Mariana Islands, and Teacher Quality Programs. will only be accepted during the time Puerto Rico (State). Loans to borrowers [FR Doc. E9–4497 Filed 3–2–09; 8:45 am] period the Auction is open on that date, attending schools outside of these areas BILLING CODE 4000–01–P as designated by the Secretary. The time are not included in the Auction Program period the Auction will be open will be and may be made by any eligible FFEL included in an Auction Information Program lender. DEPARTMENT OF EDUCATION Sheet that will be sent to those eligible Two winning bidders will be lenders meeting the prequalification identified for each State and will be the Office of Postsecondary Education; requirements to participate in the only eligible lenders authorized to Title IV, Part I, Section 499 of the Auction. The Auction Information Sheet originate Federal PLUS loans to parent Higher Education Act of 1965, as will: (1) Describe the procedures for borrowers who are borrowing on behalf Amended—Competitive Loan Auction submitting bids, (2) provide the Web of a dependent student who will be Pilot Program address of the on-line Auction, and (3) enrolled in an eligible postsecondary AGENCY: Office of Postsecondary assign eligible bidders a password to educational institution in that State and Education, U.S. Department of submit a bid during the period the who are new borrowers on or after July Education. Auction is open. When the Auction is 1, 2009. Parents currently borrowing on complete, the Secretary will notify ACTION: Notice inviting eligible lenders behalf of a dependent student enrolled to participate in the Competitive Loan winning bidders and announce the prior to July 1, 2009 may continue with Auction Pilot Program for the right to winning bidders for each State no later their current lender or secure a loan originate PLUS loans to parent than April 24, 2009. Further information from another eligible FFEL Program borrowers under the Federal Family on the Auction procedures is in the lender. Loans to graduate and Education Loan (FFEL) Program. SUPPLEMENTARY INFORMATION section of professional student borrowers under this notice. the PLUS Program are not included in SUMMARY: Through this notice, the ADDRESSES: Pre-qualification the Auction process. Secretary of Education (the Secretary) information, PLUS Lender of Last Resort All eligible Federal PLUS Program invites eligible lenders to participate in applications, and bids should be sent by loans originated under the Auction will the Competitive Loan Auction Pilot e-mail to: [email protected]. be insured by a guaranty agency against Program (Auction Program) for the FOR FURTHER INFORMATION CONTACT: For losses. The insurance rate shall be in an rights to originate PLUS loans to parent information about the Auction Program amount equal to 99 percent of the borrowers under the FFEL Program. go to http://www.ed.gov/ope/plus- unpaid principal and interest due on the Through the Competitive Loan Auction auction or contact: Donald Conner, U.S. loan. The Secretary will not collect a (Auction), the Secretary will award the Department of Education, 1990 K Street, loan fee with respect to eligible Federal rights to originate PLUS loans to new NW., room 8030, Washington, DC PLUS Program loans originated under parent borrowers under the Federal 20006. Telephone (202) 502–7818, or by this program. PLUS Program authorized by section fax to (202) 502–7873. You may also e- To see a listing of the PLUS loan 428B of Title IV of the Higher Education mail your questions about the Auction volume by State for Award Years 2006– Act of 1965, as amended (HEA), for loan to: [email protected]. 07 and 2007–08, go to: http:// periods beginning on or after July 1, If you use a telecommunications www.ed.gov/ope/plus-auction/. 2009 and ending June 30, 2011. This device for the deaf (TDD), call the Auction Requirements notice establishes the dates for Federal Relay Service (FRS), toll free, at submission of information to participate 1–800–877–8339. Prequalification Requirements in the Auction, describes the Individuals with disabilities can All eligible FFEL Program lenders that information that lenders must submit obtain this document in an accessible want to participate in the Auction for and the auction process, and describes format (e.g., braille, large print, PLUS loans to parent borrowers in a the statutory requirements a lender must audiotape, or computer diskette) by State under the Federal PLUS Program meet if it is selected as a winning bidder contacting the program contact person must meet the following in the Auction. listed in this section. prequalification requirements: DATES: Deadline for Submission of Pre- SUPPLEMENTARY INFORMATION: The Required Agreement: A lender with a Qualification Information: FFEL Secretary announces his intention to winning bid is obligated to enter into an Program eligible lenders that wish to bid conduct and invites eligible FFEL agreement with the Secretary in in the Auction must submit the required lenders to participate in the Auction for accordance with section 499(b)(3)(G)(i) prequalification information to the the rights to originate PLUS loans to of the HEA, to make PLUS loans to all

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eligible new parent borrowers in the performance issues that may negatively an institution in that State or they State(s) for which it has the winning affect the lender’s ability to originate or graduate from those institutions. bid. service PLUS loans to parents originated Eligible lender bids will remain Borrower Benefits: The statute in the State(s) for which it intends to confidential even after the requires the Secretary to establish the bid. If the lender uses a third-party announcement of the winning bidders. borrower benefits lenders must provide servicer to originate and/or to provide Winning Bidder Requirements to participate in the Auction Program. ongoing servicing of loans, please also The only permitted borrower benefit for provide this information for that Each winning bidder in the Auction PLUS loans to parents made under the servicer(s) and include the must enter into an agreement with the Auction Program is a reduction in organization’s name, address, and Secretary under which the eligible interest rate of 0.25 percent that is contact information. lender agrees to originate eligible contingent on the borrower’s use of an Capital to Make PLUS Loans: The Federal PLUS Program loans to each automatic payment process for any lender must provide any supporting eligible parent borrower that: (1) Seeks payments due. This benefit is required documentation necessary to an eligible Federal PLUS Program loan to be offered to all parent PLUS demonstrate that the lender will have or to enable a dependent student to attend borrowers whose loans are made under be able to raise, as necessary, the capital an institution of higher education the Auction Program in all States for required to provide for the origination within that State, (2) is eligible for a which the lender is the winning bidder. and full disbursement of the anticipated Federal PLUS Program loan, and (3) States in which a bid will be made: new volume of PLUS Loans to parents elects to borrow from the eligible lender. An eligible lender participating in the for the period covered by the Auction Each winning bidder for a State also FFEL Program must identify the State(s) Program in the State(s) for which the must agree to accept a SAP from the in which the lender intends to bid. The lender intends to bid. Secretary for eligible loans originated in listing of a particular State(s) does not Auction Procedures the amount proposed in the second limit the lender’s ability to bid in an lowest winning bid. additional State(s) and it does not bind Eligible lenders that meet the If a winning bidder fails to enter into the lender to bid in the State(s) prequalification requirements will be the agreement with the Secretary as indicated. The listing will provide the permitted to submit a sealed and required, or fails to comply with the Secretary with information necessary to confidential bid in a one-round auction. terms of such agreement, the Secretary assess the ability of the lender to A bid must consist of the amount of the may sanction the eligible lender in one originate, service and raise the capital special allowance payment (SAP), as or more of the following ways: necessary to make PLUS Loans in the defined in section 438 of the HEA, that (1) The Secretary may assess a penalty State(s) in which the lender has a lender proposes to accept from the for any eligible Federal PLUS Program indicated an interest in bidding. Secretary for the eligible Federal PLUS loan that such eligible lender fails to Origination of PLUS Loans: The Program loans that the lender will make originate in accordance with the lender must describe its capacity to pursuant to this program. agreement with the Secretary; originate loans in compliance with Bids must be submitted on the (2) The Secretary may prohibit that existing FFEL Program requirements in Auction Date during the time period the lender from bidding in other auctions the State(s) for which it intends to bid. Auction will be open as designated by under section 499 of the HEA; the Secretary. The Secretary will A lender must explain and provide any (3) The Secretary may limit, suspend, announce the time period during which supporting documentation that or terminate the lender’s participation the Auction will be open in an Auction demonstrates its ability to originate the in the FFEL Programs; or Information Sheet that will be sent to number and dollar volume of loans in (4) The Secretary may take any other eligible lenders after their each State based on the number and enforcement action authorized under prequalification information has been volume of new PLUS loans to parents Title IV, Part B, of the HEA. Should the reviewed and approved. The Auction made in that State in the last complete Secretary decide to levy a penalty on a Information Sheet will (1) describe the award year for which data is available. lender, the collection of those penalties procedures for submitting bids, (2) may be sought by reducing the amount Note: As the winning bidder, a lender will provide the address to which the bid of any payments otherwise due to the be one of only two lenders originating all must be submitted, and (3) assign eligible lender from the Secretary by the new PLUS loans to parents in each State. The eligible bidders a password to use to amount of the penalty or by requesting lender should provide any relevant submit the bid during the period the information to assist the Department in that any other Federal agency reduce the determining its capacity to originate loans Auction is open. When the Auction is amount of any payments due to the timely and efficiently in the State(s) for complete, the Secretary will post the eligible lender from that agency by the which it intends to bid, including the results of the Auction, including the amount of the penalty. technological compatibility with the winning bidders for each State, at institutions in the State(s) and, the State- http://www.ed.gov/ope/plus-auction/ no Plus Lender of Last Resort designated or other guaranty agency with later than April 24, 2009. The winning In the event that there are not two which the lender may not have previously bidders will be the two eligible lenders winning bids in a given State, borrowers participated. that submit bids that offer to accept the and institutions of higher education in Servicing of PLUS Loans: The lender lowest and second lowest SAP from the that State will be served by a PLUS Loan must describe its loan servicing Secretary on the Federal PLUS loans Lender of Last Resort (PLUS–LLR), as capability for the PLUS loans to parents made pursuant to the Auction. The determined by the Secretary, in to be originated in the State(s) for which winning bidders within each State will accordance with section 499 of the HEA. the lender intends to bid. The lender be the only FFEL Program lenders Eligible lenders that wish to be may provide any supporting permitted to originate loans under the considered as the PLUS–LLR for a given documentation that demonstrates that Federal PLUS Program for first time State(s) must (1) prequalify by capability. The lender should advise the borrower parents of dependent students submitting the prequalification material Department of any outstanding adverse at institutions within that State until described in this notice, (2) submit a audit findings, or other compliance or those students are no longer enrolled at letter not less than 14 days prior to the

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start of the Auction indicating that they loans consolidated (excluding Federal associated facilities. Take further notice want to be considered as a PLUS–LLR Direct PLUS Program loans) or the that on this same date, Parachute and list the State(s) they will service, average of the bond equivalent rates of Pipeline LLC, One Williams Center, and (3) commit to making PLUS loans the quotes of the 3-month average Tulsa, Oklahoma 74172, filed an to all eligible new parent borrowers in commercial paper rate plus 1.59 application in Docket No. CP09–67–000, the State(s) they have indicated until the percent. pursuant to Rule 207 of the dependent student graduates or is no An Auction Program lender who Commission’s regulations, requesting a longer attending an institution in that consolidates a PLUS Program loan declaratory order disclaiming State. The Secretary will not identify the under this program is not required to jurisdiction and declaring certain PLUS–LLR for a State until after the pay the interest payment rebate fee on facilities (The facilities Northwest Auction is completed and only if the Consolidation loan under Section proposes to abandon in Docket No. needed. A prequalified lender that 428C(f) of the HEA. CP09–66–000) and services to be requests to be a PLUS–LLR may still Electronic Access to This Document: exempt from regulation under the participate as a regular eligible lender in You can view this document, as well as Natural Gas Act, all as more fully set the Auction. all other documents of this Department forth in the application which is on file The Secretary is authorized to set a published in the Federal Register, in with the Commission and open to SAP payable to a PLUS–LLR for a State. text or Adobe Portable Document public inspection. The filing may also That SAP will be kept confidential, both Format (PDF), on the Internet at the be viewed on the Web at http:// before and after the announcement of following site: http://www.ed.gov/news/ www.ferc.gov using the ‘‘eLibrary’’ link. the winning bidders. To determine the fedregister. To use PDF, you must have Enter the docket number excluding the SAP payment to a PLUS–LLR the Adobe Acrobat Reader, which is last three digits in the docket number Secretary will take into account the available free at this site. If you have field to access the document. For lowest bid that was submitted in the questions about using PDF, call the U.S. assistance, please contact FERC Online auction for the State and the lowest bid Government Printing Office (GPO), toll Support at that was submitted in a similar State in free, at 1–888–293–6498; or in the [email protected] or toll terms of PLUS dollar volume and Washington, DC area at (202) 512–1530. free at (866) 208–3676, or TTY, contact number of loans. (202) 502–8659. Note: The official version of this document Additional Auction Program is the document published in the Federal Any questions regarding this Information Register. Free Internet access to the official application, Docket No. CP09–66–000, All eligible Federal PLUS Program edition of the Federal Register and the Code should be directed to Lynn Dahlberg, loans originated under the Auction of Federal Regulations is available on GPO Manager, Certificates and Tariffs, Program will be insured by a guaranty Access at: http://www.gpoaccess.gov/nara/ Northwest Pipeline GP, PO Box 58900 agency with which the lender currently index.html. Salt Lake City, Utah 84158, telephone: (801) 584–6851, Fax: (801) 584–7764, e- has an agreement against losses. The Delegation of Authority: The Secretary insurance on default claims on these mail: [email protected]. of Education has delegated authority to Any questions regarding this loans will be in an amount equal to 99 Daniel T. Madzelan, Director, percent of the unpaid principal and application, Docket No. CP09–67–000, Forecasting and Policy Analysis for the should be directed to Mari Ramsey, interest due on the loan. Office of Postsecondary Education to The Secretary will not collect a loan Senior Counsel, The Williams perform the functions of the Assistant Companies, Inc., One Williams Center fee with respect to eligible Federal Secretary for Postsecondary Education. PLUS Program loans originated under 47th floor, Tulsa, Oklahoma 74172, this program. Dated: February 25, 2009. telephone: (918) 573–2611, Fax: (918) If the parent borrower with FFEL Daniel T. Madzelan, 573–4503. PLUS loans made under the Auction Director, Forecasting and Policy Analysis. Pursuant to section 157.9 of the Program requests to consolidate those [FR Doc. E9–4447 Filed 3–2–09; 8:45 am] Commission’s rules, 18 CFR 157.9, loans, the FFEL Program eligible lender BILLING CODE 4000–01–P within 90 days of this Notice the who made those loans may consolidate Commission staff will either: Complete the borrower’s Federal PLUS Program its environmental assessment (EA) and loans made under this program into one DEPARTMENT OF ENERGY place it into the Commission’s public loan under certain conditions, as record (eLibrary) for this proceeding; or described in section 499(L)(i)–(iii) of the Federal Energy Regulatory issue a Notice of Schedule for HEA. Similarly, an eligible lender with Commission Environmental Review. If a Notice of a winning bid may consolidate a Federal Schedule for Environmental Review is [Docket Nos. CP09–66–000; CP09–67–000] Direct PLUS Program loan or a loan issued, it will indicate, among other made to the parent borrower under Northwest Pipeline GP, Parachute milestones, the anticipated date for the section 428B of the HEA under Pipeline LLC; Notice of Application Commission staff’s issuance of the final conditions described in section environmental impact statement (FEIS) 499(L)(iv)(I) and (II) of the HEA. For February 24, 2009. or EA for this proposal. The filing of the Federal Direct PLUS Program loans, the Take notice that on February 12, 2009, EA in the Commission’s public record Auction Program eligible lender must Northwest Pipeline GP (Northwest), 295 for this proceeding or the issuance of a agree within 10 days to match the terms Chipeta Way, Salt Lake City, Utah Notice of Schedule for Environmental and conditions available under the 84108, filed an application in Docket Review will serve to notify federal and Federal Direct Consolidation Loan No. CP09–66–000, pursuant to section state agencies of the timing for the Program. 7(b) of the Natural Gas Act and Part 157 completion of all necessary reviews, and The SAP paid to Auction Program of the Commission’s regulations, the subsequent need to complete all eligible lenders on FFEL Program requesting permission and approval to federal authorizations within 90 days of Consolidation loans is the lesser of the abandon its certificate authority to the date of issuance of the Commission weighted average of the SAP on the operate the Parachute Lateral and staff’s FEIS or EA.

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There are two ways to become and interventions in lieu of paper using should submit an original and 14 copies involved in the Commission’s review of the ‘‘eFiling’’ link at http:// of the protest or intervention to the this project. First, any person wishing to www.ferc.gov. Persons unable to file Federal Energy Regulatory Commission, obtain legal status by becoming a party electronically should submit an original 888 First Street, NE., Washington, DC to the proceedings for this project and 14 copies of the protest or 20426. should, on or before the comment date intervention to the Federal Energy This filing is accessible on-line at stated below, file with the Federal Regulatory Commission, 888 First http://www.ferc.gov, using the Energy Regulatory Commission, 888 Street, NE., Washington, DC 20426. ‘‘eLibrary’’ link and is available for First Street, NE., Washington, DC 20426, This filing is accessible on-line at review in the Commission’s Public a motion to intervene in accordance http://www.ferc.gov, using the Reference Room in Washington, DC. with the requirements of the ‘‘eLibrary’’ link and is available for There is an ‘‘eSubscription’’ link on the Commission’s Rules of Practice and review in the Commission’s Public Web site that enables subscribers to Procedure (18 CFR 385.214 or 385.211) Reference Room in Washington, DC. receive e-mail notification when a and the Regulations under the NGA (18 There is an ‘‘eSubscription’’ link on the document is added to a subscribed CFR 157.10). A person obtaining party Web site that enables subscribers to docket(s). For assistance with any FERC status will be placed on the service list receive e-mail notification when a Online service, please e-mail maintained by the Secretary of the document is added to a subscribed [email protected], or call Commission and will receive copies of docket(s). For assistance with any FERC (866) 208–3676 (toll free). For TTY, call all documents filed by the applicant and Online service, please e-mail (202) 502–8659. by all other parties. A party must submit [email protected], or call Comment Date: 5 p.m. Eastern Time 14 copies of filings made with the (866) 208–3676 (toll free). For TTY, call on March 10, 2009. Commission and must mail a copy to (202) 502–8659. Kimberly D. Bose, the applicant and to every other party in Comment Date: March 17, 2009. the proceeding. Only parties to the Secretary. proceeding can ask for court review of Kimberly D. Bose, [FR Doc. E9–4420 Filed 3–2–09; 8:45 am] Commission orders in the proceeding. Secretary. BILLING CODE 6717–01–P However, a person does not have to [FR Doc. E9–4419 Filed 3–2–09; 8:45 am] intervene in order to have comments BILLING CODE 6717–01–P considered. The second way to DEPARTMENT OF ENERGY participate is by filing with the Secretary of the Commission, as soon as DEPARTMENT OF ENERGY Federal Energy Regulatory possible, an original and two copies of Commission Federal Energy Regulatory comments in support of or in opposition [Docket No. RC09–3–000] to this project. The Commission will Commission consider these comments in [Docket No. EL03–37–011] North American Electric Reliability determining the appropriate action to be Corporation; Northeast Power taken, but the filing of a comment alone New England Power Company; Notice Coordinating Council, Inc.; Notice of will not serve to make the filer a party of Filing Filing to the proceeding. The Commission’s rules require that persons filing February 24, 2009. February 24, 2009. comments in opposition to the project Take notice that on February 17, 2009, Take notice that on February 20, 2009, provide copies of their protests only to the New England Power Company the North American Electric Reliability the party or parties directly involved in submitted a compliance filing in Corporation and the Northeast Power the protest. accordance with the Commission’s Coordinating Council, Inc. (NPCC) filed Persons who wish to comment only Order on Remand dated January 15, a comprehensive list of Bulk Electric on the environmental review of this 2009. System facilities with the United States project should submit an original and Any person desiring to intervene or to portion of the NPCC Region and two copies of their comments to the protest this filing must file in responses to the set of questions and Secretary of the Commission. accordance with Rules 211 and 214 of data requests, pursuant to the Environmental commentors will be the Commission’s Rules of Practice and Commission’s December 18 Order, placed on the Commission’s Procedure (18 CFR 385.211, 385.214). North American Electric Reliability environmental mailing list, will receive Protests will be considered by the Corporation and Northeast Power copies of the environmental documents, Commission in determining the Coordinating Council, Inc., 125 FERC and will be notified of meetings appropriate action to be taken, but will ¶ 61,295 (2008) and January 15, 2009 associated with the Commission’s not serve to make protestants parties to Order, North American Electric environmental review process. the proceeding. Any person wishing to Reliability Corporation and Northeast Environmental commentors will not be become a party must file a notice of Power Coordinating Council, Inc., required to serve copies of filed intervention or motion to intervene, as Notice of Extension of Time (Jan. 15, documents on all other parties. appropriate. Such notices, motions, or 2009). However, the non-party commentors protests must be filed on or before the Any person desiring to intervene or to will not receive copies of all documents comment date. On or before the protest this filing must file in filed by other parties or issued by the comment date, it is not necessary to accordance with Rules 211 and 214 of Commission (except for the mailing of serve motions to intervene or protests the Commission’s Rules of Practice and environmental documents issued by the on persons other than the Applicant. Procedure (18 CFR 385.211, 385.214). Commission) and will not have the right The Commission encourages Protests will be considered by the to seek court review of the electronic submission of protests and Commission in determining the Commission’s final order. interventions in lieu of paper using the appropriate action to be taken, but will The Commission strongly encourages ‘‘eFiling’’ link at http://www.ferc.gov. not serve to make protestants parties to electronic filings of comments, protests Persons unable to file electronically the proceeding. Any person wishing to

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become a party must file a notice of www.ferc.gov using the ‘‘eLibrary’’ link. considered. The second way to intervention or motion to intervene, as Enter the docket number excluding the participate is by filing with the appropriate. Such notices, motions, or last three digits in the docket number Secretary of the Commission, as soon as protests must be filed on or before the field to access the document. For possible, an original and two copies of comment date. On or before the assistance, please contact FERC Online comments in support of or in opposition comment date, it is not necessary to Support at to this project. The Commission will serve motions to intervene or protests [email protected] or toll consider these comments in on persons other than the Applicant. free at (866) 208–3676, or for TTY, determining the appropriate action to be The Commission encourages contact (202) 502–8659. taken, but the filing of a comment alone electronic submission of protests and Any questions regarding this will not serve to make the filer a party interventions in lieu of paper using the Application should be directed to to the proceeding. The Commission’s ‘‘eFiling’’ link at http://www.ferc.gov. Fredric J. George, Lead Counsel, rules require that persons filing Persons unable to file electronically Columbia Gas Transmission LLC, P.O. comments in opposition to the project should submit an original and 14 copies Box 1273, Charleston, West Virginia provide copies of their protests only to of the protest or intervention to the 25325–1273, at (304) 357–2359 or by fax the party or parties directly involved in Federal Energy Regulatory Commission, at (304) 357–3206. the protest. 888 First Street, NE., Washington, DC Pursuant to section 157.9 of the Persons who wish to comment only 20426. Commission’s rules, 18 CFR 157.9, on the environmental review of this This filing is accessible on-line at within 90 days of this Notice the project should submit an original and http://www.ferc.gov, using the Commission staff will either: complete two copies of their comments to the ‘‘eLibrary’’ link and is available for its environmental assessment (EA) and Secretary of the Commission. review in the Commission’s Public place it into the Commission’s public Environmental commenters will be Reference Room in Washington, DC. record (eLibrary) for this proceeding, or placed on the Commission’s There is an ‘‘eSubscription’’ link on the issue a Notice of Schedule for environmental mailing list, will receive Web site that enables subscribers to Environmental Review. If a Notice of copies of the environmental documents, receive e-mail notification when a Schedule for Environmental Review is and will be notified of meetings document is added to a subscribed issued, it will indicate, among other associated with the Commission’s docket(s). For assistance with any FERC milestones, the anticipated date for the environmental review process. Online service, please e-mail Commission staff’s issuance of the final Environmental commenters will not be [email protected], or call environmental impact statement (FEIS) required to serve copies of filed or EA for this proposal. The filing of the (866) 208–3676 (toll free). For TTY, call documents on all other parties. EA in the Commission’s public record (202) 502–8659. However, the non-party commenters for this proceeding or the issuance of a Comment Date: 5 p.m. Eastern Time will not receive copies of all documents Notice of Schedule for Environmental on March 13, 2009. filed by other parties or issued by the Review will serve to notify federal and Commission (except for the mailing of Kimberly D. Bose, state agencies of the timing for the environmental documents issued by the Secretary. completion of all necessary reviews, and Commission) and will not have the right the subsequent need to complete all [FR Doc. E9–4423 Filed 3–2–09; 8:45 am] to seek court review of the federal authorizations within 90 days of BILLING CODE 6717–01–P Commission’s final order. the date of issuance of the Commission staff’s FEIS or EA. Motions to intervene, protests and DEPARTMENT OF ENERGY There are two ways to become comments may be filed electronically involved in the Commission’s review of via the internet in lieu of paper; see, 18 Federal Energy Regulatory this project. First, any person wishing to CFR 385.2001(a)(1)(iii) and the Commission obtain legal status by becoming a party instructions on the Commission’s Web site under the ‘‘e-Filing’’ link. The [Docket No. CP09–65–000] to the proceedings for this project should, on or before the below listed Commission strongly encourages electronic filings. Columbia Gas Transmission, LLC; comment date, file with the Federal Comment Date: March 17, 2009. Jefferson Gas, LLC; Notice of Energy Regulatory Commission, 888 Application First Street, NE., Washington, DC 20426, Kimberly D. Bose, a motion to intervene in accordance Secretary. February 24, 2009. with the requirements of the [FR Doc. E9–4424 Filed 3–2–09; 8:45 am] Take notice that on February 12, 2009, Commission’s Rules of Practice and Columbia Gas Transmission, LLC Procedure (18 CFR 385.214 or 385.211) BILLING CODE 6717–01–P (Columbia), 5151 San Felipe, Suite and the Regulations under the NGA (18 2500, Houston TX 77056, filed, CFR 157.10). A person obtaining party DEPARTMENT OF ENERGY pursuant to section 7 of the Natural Gas status will be placed on the service list Act (NGA), an application to abandon maintained by the Secretary of the Federal Energy Regulatory by sale to Jefferson Gas, LLC (Jefferson), Commission and will receive copies of Commission certain natural gas facilities located in all documents filed by the applicant and Menifee and Morgan Counties, by all other parties. A party must submit Combined Notice of Filings #1 Kentucky. Columbia requests that the 14 copies of filings made with the Commission find the facilities, when Commission and must mail a copy to February 23, 2009. sold, as exempt from the Commission’s the applicant and to every other party in Take notice that the Commission jurisdiction pursuant to section 1(b) of the proceeding. Only parties to the received the following electric rate the NGA. This filing is available for proceeding can ask for court review of filings: review at the Commission in the Public Commission orders in the proceeding. Docket Numbers: ER07–521–008. Reference Room or may be viewed on However, a person does not have to Applicants: New York Independent the Commission’s Web site at http:// intervene in order to have comments System Operator, Inc.

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Description: New York Independent Description: PSEG Power Connecticut Docket Numbers: ER09–598–001. System Operator, Inc. Submits LLC Submits Revised Reliability Must- Applicants: Big Bog Energy, LP. Compliance Filing. run Agreements with ISO New England Description: Big Bog Energy LP Filed Date: 02/18/2009. Inc for Power Connecticut’s et al. Submits Substitute Original Sheets 1 Accession Number: 20090219–0291. Filed Date: 02/18/2009. and 2 and Revised Attachment A. Comment Date: 5 p.m. Eastern Time Accession Number: 20090219–0286. Filed Date: 02/19/2009. on Wednesday, March 11, 2009. Comment Date: 5 p.m. Eastern Time Accession Number: 20090220–0295. Docket Numbers: ER07–1332–003. on Wednesday, March 11, 2009. Comment Date: 5 p.m. Eastern Time Applicants: Smoky Hills Wind Farm, Docket Numbers: ER09–552–001. on Thursday, March 12, 2009. LLC. Applicants: Goldfinch Capital Docket Numbers: ER09–626–001. Description: Supplemental Management, LP. Applicants: Participating Information to April 2008 Change in Description: Goldfinch Capital Transmission Owners Administrative Status Filing and Request for Shortened Management, LP Submits Petition for Committee. Notice Period of Smoky Hills Wind Acceptance of Initial Tariff and Waivers. Description: SSP Administrative Farm, LLC. Filed Date: 02/19/2009. Committee Request Waiver of Certain Filed Date: 02/20/2009. Accession Number: 20090220–0297. Business Practice Standards of the Accession Number: 20090220–5146. Comment Date: 5 p.m. Eastern Time NAESB, etc. Comment Date: 5 p.m. Eastern Time on Thursday, March 12, 2009. Filed Date: 02/18/2009. on Monday, March 02, 2009. Docket Numbers: ER09–564–001. Accession Number: 20090219–0287. Docket Numbers: ER08–1377–001. Applicants: PJM Interconnection, Comment Date: 5 p.m. Eastern Time Applicants: Xcel Energy Services Inc. LLC. on Wednesday, March 11, 2009. Description: Northern States Power Description: PJM Interconnection, Docket Numbers: ER09–712–000. Co—MN & Northern States Power Co— LLC submits Sub. Original Service Applicants: High Lonesome Mesa, WI Submits Revised Versions of Certain Agreement 2085 that Supersedes LLC. Service Agreements to Rate Schedule Original Service Agreement 2085, Description: Petition of High Transmission Service Tm–1 Relating to Substituting the Name DPL Energy, LLC Lonesome Mesa, LLC for Order Implementation of the Midwest ISO for DP&L in the Agreement. Accepting Market-Based Rate Tariff for Ancillary Services Market etc. Filed Date: 02/18/2009. Filing and Granting Waivers and Filed Date: 02/19/2009. Accession Number: 20090219–0290. Blanket Approvals. Accession Number: 20090220–0179. Comment Date: 5 p.m. Eastern Time Filed Date: 02/18/2009. Comment Date: 5 p.m. Eastern Time on Wednesday, March 11, 2009. Accession Number: 20090219–0292. on Thursday, March 12, 2009. Docket Numbers: ER09–594–001. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER08–1574–002. Applicants: Coaltrain Energy LP. on Wednesday, March 11, 2009. Applicants: ORNI 18, LLC. Description: Coaltrain Energy LP Docket Numbers: ER09–727–000. Description: ORNI 18, LLC submits Submits Substitute Original Sheets 1 Applicants: Central Illinois Light Notice of Non-Material Change in and 2 and Revised Attachment A. Company. Status. Filed Date: 02/19/2009. Filed Date: 02/19/2009. Accession Number: 20090220–0296. Description: Central Illinois Light Accession Number: 20090219–5044. Comment Date: 5 p.m. Eastern Time Company Submits Boundary Line Comment Date: 5 p.m. Eastern Time on Thursday, March 12, 2009. Agreement between AmerenCILCO and the City of Springfield, IL et al. on Thursday, March 12, 2009. Docket Numbers: ER09–595–001. requesting an effective date of 4/19/09 Docket Numbers: ER08–1591–001. Applicants: Gotham Energy for the Boundary Line Agreement. Applicants: California Independent Marketing, LP. Filed Date: 02/18/2009. System Operator Corporation. Description: Gotham Energy Accession Number: 20090219–0288. Description: California Independent Marketing LP Submits Substitute Tariff Comment Date: 5 p.m. Eastern Time System Operator Corporation Submits Sheets and Revised Attachment A. on Wednesday, March 11, 2009. Instant Filing in Compliance with Filed Date: 02/19/2009. FERC’s 12/30/08 Letter. Accession Number: 20090220–0294. Docket Numbers: ER09–728–000. Filed Date: 01/29/2009. Comment Date: 5 p.m. Eastern Time Applicants: Twin Cities Energy, LLC. Accession Number: 20090202–0542. on Thursday, March 12, 2009. Description: Twin Cities Energy, LLC Comment Date: 5 p.m. Eastern Time Docket Numbers: ER09–596–001. Submits Notice of Succession to the on Monday, March 02, 2009. Applicants: Silverado Energy LP. Tariff of Alberta Power, LLC. Docket Numbers: ER09–169–001. Description: Silverado Energy LP Filed Date: 02/18/2009. Applicants: California Independent Submits Substitute Original Sheets 1 Accession Number: 20090219–0289. System Operator Corporation. and 2 and Revised Attachment A. Comment Date: 5 p.m. Eastern Time Description: California Independent Filed Date: 02/19/2009. on Wednesday, March 11, 2009. System Operator Corp Submits Accession Number: 20090220–0292. Docket Numbers: ER09–729–000. Substitute Second Revised Sheet 20.00 Comment Date: 5 p.m. Eastern Time Applicants: Avista Corporation. et al. to FERC Electric Tariff, Third on Thursday, March 12, 2009. Description: Avista Corp Submits Replacement Volume 1 in Compliance Docket Numbers: ER09–597–001. Revisions to its Electric Tariff Volume with the Commission’s 12/30/08 Order. Applicants: Rockpile Energy LP. 11 for the Sale, Assignments, or Transfer Filed Date: 01/28/2009. Description: Rockpile Energy LP of Transmission Rights, etc. Accession Number: 20090129–0224. Submits Substitute Tariff Sheets and Filed Date: 02/19/2009. Comment Date: 5 p.m. Eastern Time Revised Attachment A. Accession Number: 20090220–0291. on Monday, March 02, 2009. Filed Date: 02/19/2009. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER09–507–001. Accession Number: 20090220–0293. on Thursday, March 12, 2009. Applicants: PSEG Power Connecticut Comment Date: 5 p.m. Eastern Time Docket Numbers: ER09–730–000. LLC. on Thursday, March 12, 2009. Applicants: PJM Interconnection LLC.

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Description: PJM Interconnection notification when a document is added particular resource agency, they must Submits Revised Tariff Sheets of their to a subscribed docket(s). For assistance also serve a copy of the document on Open Access Transmission Tariff. with any FERC Online service, please e- that resource agency. A copy of any Filed Date: 02/19/2009. mail [email protected]. or motion to intervene must also be served Accession Number: 20090220–0290. call (866) 208–3676 (toll free). For TTY, upon each representative of the Comment Date: 5 p.m. Eastern Time call (202) 502–8659. Applicant specified in the particular on Thursday, March 12, 2009. application. Nathaniel J. Davis, Sr., k. Description of Request: Georgia Docket Numbers: ER09–731–000. Deputy Secretary. Applicants: Illinois Power Company. Power Company (GPC) is requesting to [FR Doc. E9–4383 Filed 3–2–09; 8:45 am] Description: Ameren Services permit construction of two bridge Company Submits Construction BILLING CODE 6717–01–P crossings over the Clarks Fork Creek, a Agreement between AmerenIP and the minor tributary stream of Lake Oconee. The proposal would consist of a foot/ Exelon Generation Company, LLC. DEPARTMENT OF ENERGY Filed Date: 02/19/2009. golf cart path crossing impacting .05 Accession Number: 20090220–0298. acres of project lands, and a roadway Federal Energy Regulatory bridge impacting .48 acres of project Comment Date: 5 p.m. Eastern Time Commission on Thursday, March 12, 2009. lands. The bridges are in association Any person desiring to intervene or to [Project No. 2413–110] with a planned residential development and golf course known as ‘‘Kingston on protest in any of the above proceedings Georgia Power Company; Notice of Lake Oconee’’ on privately owned lands must file in accordance with Rules 211 Application for Amendment of License outside of the project boundary. No and 214 of the Commission’s Rules of and Soliciting Comments, Motions To dredging is proposed in association with Practice and Procedure (18 CFR 385.211 Intervene, and Protests the application. The licensee has and 385.214) on or before 5 p.m. Eastern consulted the U.S. Army Corps of time on the specified comment date. It February 24, 2009. Engineers, U.S. Fish and Wildlife is not necessary to separately intervene Take notice that the following Service, and state and local agencies on again in a subdocket related to a hydroelectric application has been filed its application. compliance filing if you have previously with the Commission and is available l. Locations of the Application: A intervened in the same docket. Protests for public inspection: copy of the application is available for will be considered by the Commission a. Application Type: Non-project use inspection and reproduction at the in determining the appropriate action to of project lands. Commission’s Public Reference Room, be taken, but will not serve to make b. Project No.: 2413–110. located at 888 First Street, NE., Room protestants parties to the proceeding. c. Date Filed: February 2, 2009. 2A, Washington, DC 20426, or by calling Anyone filing a motion to intervene or d. Applicant: Georgia Power (202) 502–8371. This filing may also be protest must serve a copy of that Company. viewed on the Commission’s Web site at document on the Applicant. In reference e. Name of Project: Wallace http://www.ferc.gov using the to filings initiating a new proceeding, Hydroelectric Project. ‘‘eLibrary’’ link. Enter the docket interventions or protests submitted on f. Location: The proposal would be number excluding the last three digits in or before the comment deadline need located on the Clarks Fork Creek, in the docket number field to access the not be served on persons other than the Morgan County, Georgia and the project document. You may also register online Applicant. occupies U.S. lands within the Oconee at http://www.ferc.gov/docs-filing/ The Commission encourages National Forest. esubscription.asp to be notified via e- electronic submission of protests and g. Filed Pursuant to: Federal Power mail of new filings and issuances interventions in lieu of paper, using the Act, 16 U.S.C. 791a–825r. related to this or other pending projects. FERC Online links at http:// h. Applicant Contact: Herbie Johnson, For assistance, call (866) 208–3372 or e- www.ferc.gov. To facilitate electronic Georgia Power Company, 125 Wallace mail [email protected], for service, persons with Internet access Dam Road, NE., Eatonton, Georgia TTY, call (202) 502–8659. A copy is also who will eFile a document and/or be 31024; (706) 485–8704. available for inspection and listed as a contact for an intervenor i. FERC Contact: Gina Krump, reproduction at the address in item (h) must create and validate an Telephone (202) 502–6704, and e-mail: above. eRegistration account using the [email protected]. m. Individuals desiring to be included eRegistration link. Select the eFiling j. Deadline for Filing Comments, on the Commission’s mailing list should link to log on and submit the Motions to Intervene, and Protest: so indicate by writing to the Secretary intervention or protests. March 24, 2009. of the Commission. Persons unable to file electronically All documents (original and eight n. Comments, Protests, or Motions to should submit an original and 14 copies copies) should be filed with: Secretary, Intervene: Anyone may submit of the intervention or protest to the Federal Energy Regulatory Commission, comments, a protest, or a motion to Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC intervene in accordance with the 888 First St., NE., Washington, DC 20426. requirements of Rules of Practice and 20426. The Commission’s Rules of Practice Procedure, 18 CFR 385.210, .211, .214. The filings in the above proceedings and Procedure require all interveners In determining the appropriate action to are accessible in the Commission’s filing documents with the Commission take, the Commission will consider all eLibrary system by clicking on the to serve a copy of that document on protests or other comments filed, but appropriate link in the above list. They each person whose name appears on the only those who file a motion to are also available for review in the official service list for the project. intervene in accordance with the Commission’s Public Reference Room in Further, if an intervener files comments Commission’s Rules may become a Washington, DC. There is an or documents with the Commission party to the proceeding. Any comments, eSubscription link on the Web site that relating to the merits of an issue that protests, or motions to intervene must enables subscribers to receive e-mail may affect the responsibilities of a be received on or before the specified

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comment date for the particular future issuances of securities and First Street, NE., Washington, DC, from application. assumptions of liability, is March 16, 9 a.m. to 1 p.m. (EDT). o. Any filings must bear in all capital 2009. On November 20, 2008, the letters the title ‘‘COMMENTS’’, The Commission encourages Commission issued Order No. 720, ‘‘PROTEST’’, or ‘‘MOTION TO electronic submission of protests and Pipeline Posting Requirements under INTERVENE’’, as applicable, and the interventions in lieu of paper, using the Section 23 of the Natural Gas Act. The Project Number of the particular FERC Online links at http:// Final Rule, among other things, requires application to which the filing refers. www.ferc.gov. To facilitate electronic major non-interstate pipelines to post p. Agency Comments: Federal, State, service, persons with Internet access scheduled flow information and to post and local agencies are invited to file who will eFile a document and/or be information for each receipt and comments on the described application. listed as a contact for an intervenor delivery point with a design capacity A copy of the application may be must create and validate an greater than 15,000 MMBtu per day. The obtained by agencies directly from the eRegistration account using the topics for discussion are: (1) The Applicant. If an agency does not file eRegistration link. Select the eFiling definition of major non-interstate comments within the time specified for link to log on and submit the pipelines; (2) what constitutes filing comments, it will be presumed to intervention or protests. ‘‘scheduling’’ for a receipt or delivery have no comments. One copy of an Persons unable to file electronically point; and (3) how the 15,000 MMBtu agency’s comments must also be sent to should submit an original and 14 copies per day design capacity threshold the Applicant’s representatives. of the intervention or protest to the should be applied. The technical q. Comments, protests and Federal Energy Regulatory Commission, conference will be organized around interventions may be filed electronically 888 First St., NE., Washington, DC these three topics. An agenda for the via the Internet in lieu of paper. See, 18 20426. conference will be issued in a later CFR 385.2001(a)(1)(iii) and the The filings in the above-referenced notice. instructions on the Commission’s Web proceeding are accessible in the This technical conference will be site at http://www.ferc.gov under the ‘‘e- Commission’s eLibrary system by transcribed. Transcripts will be Filing’’ link. clicking on the appropriate link in the available immediately for a fee from Ace Reporting Company (202–347–3700 or Kimberly D. Bose, above list. They are also available for review in the Commission’s Public 1–800–336–6646). For additional Secretary. information, please contact Saida [FR Doc. E9–4422 Filed 3–2–09; 8:45 am] Reference Room in Washington, DC. There is an eSubscription link on the Shaalan of FERC’s Office of BILLING CODE 6717–01–P Web site that enables subscribers to Enforcement at (202) 502–8278 or by receive e-mail notification when a e-mail at [email protected]. Commission conferences and document is added to a subscribed DEPARTMENT OF ENERGY meetings are accessible under section docket(s). For assistance with any FERC 508 of the Rehabilitation Act of 1973. Federal Energy Regulatory Online service, please e-mail For accessibility accommodations Commission [email protected]. or call please send an e-mail to (866) 208–3676 (toll free). For TTY, call [Docket No. ER09–712–000] [email protected] or call toll free (202) 502–8659. (866) 208–3372 (voice) or 202–502–8659 High Lonesome Mesa, LLC; Kimberly D. Bose, (TTY), or send a fax to 202–208–2106 Supplemental Notice That Initial Secretary. with the required accommodations. Market-Based Rate Filing Includes [FR Doc. E9–4421 Filed 3–2–09; 8:45 am] Request for Blanket Section 204 Kimberly D. Bose, Authorization BILLING CODE 6717–01–P Secretary. [FR Doc. E9–4418 Filed 3–2–09; 8:45 am] February 24, 2009. BILLING CODE 6717–01–P This is a supplemental notice in the DEPARTMENT OF ENERGY above-referenced proceeding of High Federal Energy Regulatory Lonesome Mesa, LLC’s application for Commission ENVIRONMENTAL PROTECTION market-based rate authority, with an AGENCY accompanying rate tariff, noting that such application includes a request for [Docket No. RM08–2–000] [EPA–HQ–OECA–2008–0293; FRL–8778–5] blanket authorization, under 18 CFR Pipeline Posting Requirements Under Part 34, of future issuances of securities Agency Information Collection Section 23 of the Natural Gas Act; Activities; Submission to OMB for and assumptions of liability. Notice of Technical Conference Any person desiring to intervene or to Review and Approval; Comment Request; NSPS for Kraft Pulp Mills protest should file with the Federal February 24, 2009. Energy Regulatory Commission, 888 (Renewal), EPA ICR Number 1055.09, Take notice that on March 18, 2008, OMB Control Number 2060–0021 First Street, NE., Washington, DC 20426, a technical conference will be convened in accordance with Rules 211 and 214 to consider certain issues related to AGENCY: Environmental Protection of the Commission’s Rules of Practice Order No. 720.1 The technical Agency (EPA). and Procedure (18 CFR 385.211 and conference will be held in the ACTION: Notice. 385.214). Anyone filing a motion to Commission Meeting Room (Room 2C) intervene or protest must serve a copy at the headquarters of the Federal SUMMARY: In compliance with the of that document on the Applicant. Energy Regulatory Commission, 888 Paperwork Reduction Act (44 U.S.C. Notice is hereby given that the 3501 et seq.), this document announces deadline for filing protests with regard 1 Pipeline Posting Requirements under Section 23 that an Information Collection Request to the applicant’s request for blanket of the Natural Gas Act, Order No. 720, FERC Stats. (ICR) has been forwarded to the Office authorization, under 18 CFR Part 34, of & Regs. ¶ 31,281 (2008). of Management and Budget (OMB) for

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review and approval. This is a request to access those documents in the docket Owners or operators of the affected to renew an existing approved that are available electronically. Once in facilities must make a one-time-only collection. The ICR which is abstracted the system, select ‘‘docket search,’’ then report of the date of construction or below describes the nature of the key in the docket ID number identified reconstruction, notification of the actual collection and the estimated burden and above. Please note that EPA’s policy is date of startup, notification of any cost. that public comments, whether physical or operational change to an DATES: Additional comments may be submitted electronically or in paper will existing facility that may increase the submitted on or before April 2, 2009. be made available for public viewing at rate of emission of the regulated ADDRESSES: Submit your comments, http://www.regulations.gov, as EPA pollutant, notification of initial referencing docket ID number EPA–HQ– receives them and without change, performance test, and results of initial OECA–2008–0293, to (1) EPA online unless the comment contains performance test. Owners or operators using http://www.regulations.gov (our copyrighted material, Confidential are also required to maintain records of preferred method), or by e-mail to Business Information (CBI), or other the occurrence and duration of any [email protected], or by mail to: EPA information whose public disclosure is startup, shutdown, or malfunction, or Docket Center (EPA/DC), Environmental restricted by statute. For further any period during which the monitoring Protection Agency, Enforcement and information about the electronic docket, system is inoperative. Performance tests Compliance Docket and Information go to http://www.regulations.gov. are the Agency’s records of a source’s Center, mail code 2201T, 1200 Title: NSPS for Kraft Pulp Mills initial capability to comply with Pennsylvania Avenue, NW., (Renewal). emissions standards and not the Washington, DC 20460, and (2) OMB at: ICR Numbers: EPA ICR Number operating conditions under which Office of Information and Regulatory 1055.09, OMB Control Number 2060– compliance was achieved. A Affairs, Office of Management and 0021. semiannual summary report is also Budget (OMB), Attention: Desk Officer ICR Status: This ICR is scheduled to required. Any owner or operator subject to the for EPA, 725 17th Street, NW., expire on May 31, 2009. Under OMB provisions of this subpart must maintain Washington, DC 20503. regulations, the Agency may continue to a file of these measurements, and retain FOR FURTHER INFORMATION CONTACT: conduct or sponsor the collection of the file for at least two years following Learia Williams, Compliance information while this submission is the collection of such measurements, Assessment and Media Programs pending at OMB. An Agency may not maintenance reports, and records. Division, Office of Compliance, Mail conduct or sponsor, and a person is not All reports are sent to the delegated Code 2223A, Environmental Protection required to respond to, a collection of state or local authority. In the event that Agency, 1200 Pennsylvania Avenue, information unless it displays a there is no such delegated authority, the NW., Washington, DC 20460; telephone currently valid OMB control number. reports are sent directly to the EPA number: (202) 564–4113; fax number: The OMB control numbers for EPA’s regional office. This information is (202) 564–0050; e-mail address: regulations in title 40 of the CFR, after being collected to assure compliance [email protected]. appearing in the Federal Register when with 40 CFR part 60, subpart BB, as SUPPLEMENTARY INFORMATION: EPA has approved, are listed in 40 CFR part 9, authorized in sections 112 and 114(a) of submitted the following ICR to OMB for and displayed either by publication in the Clean Air Act. The required review and approval according to the the Federal Register or by other information consists of emissions data procedures prescribed in 5 CFR 1320.12. appropriate means, such as on the and other information that have been On May 30, 2008 (73 FR 31088), EPA related collection instrument or form, if determined to be private. sought comments on this ICR pursuant applicable. The display of OMB control An Agency may not conduct or to 5 CFR 1320.8(d). EPA received no numbers in certain EPA regulations is sponsor, and a person is not required to comments. Any additional comments on consolidated in 40 CFR part 9. respond to, a collection of information this ICR should be submitted to EPA Abstract: The New Source unless it displays a currently valid OMB and OMB within 30 days of this notice. Performance Standards (NSPS) for Kraft Control Number. The OMB Control EPA has established a public docket Pulp Mills were proposed on September Number for EPA regulations, listed in 40 for this ICR under docket ID number 24, 1976, and promulgated on February CFR part 9 and 48 CFR chapter 15, are EPA–HQ–OECA–2008–0293, which is 23, 1978. Revision to the standards was identified on the form and/or available for public viewing online at promulgated on May 20, 1986. These instrument, if applicable. http://www.regulations.gov, in person standards apply to total reduced sulfur Burden Statement: The annual public viewing at the Enforcement and (TRS) and particulate matter emissions reporting and recordkeeping burden for Compliance Docket in the EPA Docket from new, modified and reconstructed this collection of information is Center (EPA/DC), EPA West, Room kraft pulp mills. Owners or operators of estimated to average 37 hours per 3334, 1301 Constitution Avenue, NW., the affected facilities described must response. Burden means the total time, Washington, DC. The EPA Docket make initial reports when a source effort, or financial resources expended Center Public Reading Room is open becomes subject, conduct and report on by persons to generate, maintain, retain, from 8 a.m. to 4:30 p.m., Monday a performance test, demonstrate and or disclose and provide information to through Friday, excluding legal report on continuous monitor or for a Federal agency. This includes holidays. The telephone number for the performance, and maintain records of the time needed to review instructions; Reading Room is (202) 566–1744, and the occurrence and duration of any develop, acquire, install, and utilize the telephone number for the startup, shutdown, or malfunction in technology and systems for the purposes Enforcement and Compliance Docket is the operation of an affected facility. of collecting, validating, and verifying (202) 566–1927. Semiannual reports of excess emissions information, processing and Use EPA’s electronic docket and are required. These notifications, maintaining information, and disclosing comment system at http:// reports, and records are essential in and providing information. All existing www.regulations.gov, to submit or view determining compliance; and are ways will have to adjust to comply with public comments, access the index required, in general, of all sources any previously applicable instructions listing of the contents of the docket, and subject to NSPS. and requirements that have

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subsequently changed; train personnel 1984 Hazardous and Solid Waste level) by a sequence of permeable and to be able to respond to a collection of Amendments (HSWA) to the Resource less permeable sedimentary rocks, information; search data sources; Conservation and Recovery Act (RCRA) which provide additional protection complete and review the collection of has been granted to ArcelorMittal from fluid migration into drinking water information; and transmit or otherwise Hennepin, Inc. (Hennepin Works) of sources. disclose the information. Hennepin, Illinois, for one Class I EPA issued a draft decision, which Respondents/Affected Entities: injection well located in Hennepin, described the reasons for granting this Owners and operators of kraft pulp Illinois. As required by 40 CFR part 148, exemption in more detail, a fact sheet, mills. Hennepin Works has demonstrated, to a which summarized these reasons, and a Estimated Number of Respondents: reasonable degree of certainty, that there public notice on November 24, 2008, 100. will be no migration of hazardous pursuant to 40 CFR 124.10. The public Frequency of Response: On occasion, constituents out of the injection zone or comment period expired on December initially and semiannually. into an underground source of drinking 26, 2008. EPA received no comments on Estimated Total Annual Hour Burden: water (USDW) for at least 10,000 years. the proposed exemption granted to 15,235. This final decision allows the continued Hennepin Works. A final exemption is Estimated Total Annual Cost: underground injection by Hennepin therefore granted as proposed. $5,194,799, which is comprised of Works of a specific restricted waste, Conditions $1,229,899 in labor costs, $344,900 in Waste Pickle Liquor (code K062 under capital/startup costs, and operation and 40 CFR part 261), into one Class I This exemption is subject to the maintenance (O&M) costs of $3,620,000. hazardous waste injection well following conditions. Non-compliance Changes in the Estimates: There is no specifically identified as Waste Pickle with any of these conditions is grounds change in the labor cost in this ICR Liquor No. 1 (WPL–1), at the Hennepin for termination of the exemption: compared to the previous ICR. This is facility. This decision constitutes a final (1) All regulatory requirements in 40 due to two considerations. First, the EPA action for which there is no CFR 148.23 and 148.24 are incorporated regulations have not changed over the Administrative Appeal. by reference; past three years and are not anticipated DATES: This action is effective as of (2) The exemption applies to the to change over the next three years. March 3, 2009. existing injection well, WPL–1, located Secondly, the growth rate for the FOR FURTHER INFORMATION CONTACT: at the Hennepin Works facility at 10726 industry is very low, negative or Leslie Patterson, Lead Petition Steel Drive, Hennepin, Illinois; nonexistent, so there is no significant Reviewer, EPA, Region V, telephone (3) Injection is limited to that part of change in the overall burden. It should (312) 886–4904. Copies of the petition the Mt. Simon Sandstone at depths be noted that there is a small adjustment and all pertinent information relating between 3,109 and 4,800 feet; to the burden cost figure because thereto are on file and are part of the (4) Only wastes denoted by the RCRA rounded figures were used in the Administrative Record. It is waste code K062 may be injected; previous ICR. In this ICR, exact figures recommended that you contact the lead (5) The chemical properties of the are used. reviewer prior to reviewing the injectate that defined the edge of the Since there are no changes in the Administrative Record. plume in the demonstration are limited regulatory requirements and there is no SUPPLEMENTARY INFORMATION: according to the table below: significant industry growth, the labor hours and cost figures in the previous Background Chemical constituent Limitation at the well or property head ICR are used in this ICR, and there is no Hennepin Works submitted a petition change in burden to industry. for renewal of an existing exemption Chromium ...... Maximum concentra- Dated: February 25, 2009. from the land disposal restrictions of tion is 1200 mg/L. John Moses, hazardous waste on March 6, 2007. EPA pH ...... Minimum pH is zero. Acting-Director, Collection Strategies personnel reviewed all data pertaining Division. to the petition, including, but not (6) The monthly average of the [FR Doc. E9–4450 Filed 3–2–09; 8:45 am] limited to, well construction, well specific gravity of the injected waste stream must fall within the range of 1.00 BILLING CODE 6560–50–P operations, regional and local geology, seismic activity, penetrations of the to 1.27; confining zone, and computational (7) The volume of wastes injected in ENVIRONMENTAL PROTECTION models of the injection zone. EPA has any month through the well must not AGENCY determined that the geologic setting at exceed 6,705,990 gallons; the site as well as the construction and (8) This exemption is approved for the [FRL–8774–2] operation of the well are adequate to 22-year modeled injection period, which ends on December 31, 2028. Approval of a Petition for Exemption prevent fluid migration out of the Hennepin Works may petition EPA for From Hazardous Waste Disposal injection zone within 10,000 years, as a reissuance of the exemption beyond Injection Restrictions to ArcelorMittal required under 40 CFR part 148. The that date, provided that a new and Hennepin, Inc., Hennepin, IL injection zone at this site is the Mt. Simon Sandstone and the lower Eau complete petition and no-migration AGENCY: Environmental Protection Claire Formation, at depths between demonstration is received at EPA, Agency. 2,902 feet and 4,800 feet below ground Region 5, by July 1, 2028; ACTION: Notice of final decision on level. The confining zone is the upper (9) Hennepin Works shall quarterly petition. Eau Claire formation (Proviso Member) submit to EPA a report containing a at depths between 2,705 feet and 2,902 fluid analysis of the injected waste SUMMARY: Notice is hereby given by the feet below ground level. The confining which shall indicate the chemical and United States Environmental Protection zone is separated from the lowermost physical properties upon which the no- Agency (EPA) that an exemption to the underground source of drinking water migration petition was based, including land disposal restrictions under the (at a depth of 2510 feet below ground the physical and chemical properties

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listed in Conditions 5 and 6 of this California (hereinafter ‘‘Court Order’’). GeoAnalytical Laboratories, Inc. exemption approval; EPA intends to release to the PRPs and Geological Technics, Inc. (10) Hennepin Works shall annually to third-party defendants GRB Environmental Services, Inc. (EP– submit to EPA a report containing the documentation, including but not R9–06–03) results of a bottom hole pressure survey limited to documentation of EPA’s past ICF Kaiser Engineers, Inc. (fall-off test) performed on WPL–1. The costs at the Site, which may contain ICF Technology, Inc. survey shall be performed after shutting confidential business information, JL Analytical, Inc. in the well for a period of time sufficient pursuant to that Court Order. Labat-Anderson, Inc. (68–W9–0052, 68– to allow the pressure in the injection DATES: Disclosures will be made no W4–0028) interval to reach equilibrium, in earlier than two weeks following the Lockheed Idaho Technologies Co. accordance with 40 CFR 146.68(e)(1). date that this Federal Register Notice is Lockheed Martin Environmental The annual report shall include a published. Services comparison of reservoir parameters Availability: A copy of the above- McCain Environmental Services determined from the fall-off test with referenced Court Order will be provided Mid-Valley Engineering Montgomery Watson Americas, Inc. parameters used in the approved no- to the public upon request. migration petition; Montgomery Watson Harza FOR FURTHER INFORMATION CONTACT: (11) The petitioner shall fully comply Montgomery Watson, Inc. with all requirements set forth in Requests for copies of the Court Order MPDS Services, Inc. Underground Injection Control Permit and additional information should be Osterburg Brothers Drillers UIC–004–W1–JL issued by the Illinois directed to Laurie Williams, Assistant Pace Analytical Services, Inc. Environmental Protection Agency; and Regional Counsel, U.S. EPA, Region IX, PC Exploration, Inc. (12) Whenever EPA determines that 75 Hawthorne St., ORC–3, San Pratt-Navarro Architecture the basis for approval of a petition may Francisco, CA 94105; PRC Environmental Management, Inc. no longer be valid, EPA may terminate [email protected]; phone: (415) PRC Patterson Corp, Inc. this exemption and will require a new 972–3867. Radian Corp demonstration in accordance with 40 Notice of Disclosures Pursuant to Court R B Welty & Associates, Inc. CFR 148.20. Order Recra Environmental Inc. Southwest Laboratory of Oklahoma, Inc. Dated: January 21, 2009. Pursuant to the Court Order, Standard Management Company Anthony C. Carrollo, defendants and third-party defendants Thermo Nutech Acting Director, Water Division, Region 5. who receive documents that may Thompson-Hysell Engineers, Inc. [FR Doc. E9–4452 Filed 3–2–09; 8:45 am] contain CBI are required to follow Trace Analysis Laboratory, Inc. BILLING CODE 6560–50–P specified procedures to maintain the Truesdail Laboratories, Inc. confidentiality of such information. EPA U.S. Ecology, Inc. hereby gives notice to the following ENVIRONMENTAL PROTECTION parties that EPA intends to disclose (2) Other business entities that have AGENCY information in EPA’s possession that done business with the above-listed may be or may contain confidential contractors and/or who may have been [FRL–8774–7] business information, under the listed in conflict of interest disclosures. protection of the above-mentioned Court (3) Unsuccessful offerors to any Notice of Disclosure Pursuant To contracts for work at the Site. Court Order of Possible Confidential Order: Business Information Obtained Under (1) Any and all contractors that were Dated: February 10, 2009. the Comprehensive Environmental under contract to perform and/or did Keith Takata, Response, Compensation and Liability perform work at the Site, including but Director, Superfund Division, U.S. EPA Act not limited to the contractors listed Region IX. below and any subcontractor or [FR Doc. E9–4463 Filed 3–2–09; 8:45 am] AGENCY: Environmental Protection temporary firm that performed work at BILLING CODE 6560–50–P Agency (EPA). or for the Site: ACTION: Notice of disclosure. ACC Environmental Consultants, Inc. Agriculture & Priority Pollutants ENVIRONMENTAL PROTECTION SUMMARY: EPA regulations provide that Laboratories, Inc. AGENCY EPA may, in special circumstances, Air Toxics Ltd. [FRL–8778–3] disclose business information, including APPL, Inc. confidential business information, ‘‘in Armstrong Data Services, Inc. (68–W5– Meeting of the Local Government any manner and to the extent ordered by 0024) Advisory Committee a Federal Court.’’ See 40 CFR 2.209(d). ASRC Aerospace Corp. (68–W–01–002, EPA is currently engaged in litigation 68–R9–0101) AGENCY: Environmental Protection with the Potentially Responsible Parties Beylik Drilling, Inc. Agency (EPA). (‘‘PRPs’’) in connection with the Block Environmental Services, Inc. ACTION: Notice. Modesto Groundwater Superfund Site Calgon Carbon Corp. (‘‘Site’’) in California (U.S. v. Lyon, et California Water Laboratories, Inc. SUMMARY: The Local Government al., Case No. 07–CV–00491 LJO GSA). A CH2M Hill, Inc. Advisory Committee (LGAC) and the Stipulation and Order Protecting Condor Earth Technologies, Inc. Small Community Advisory Confidential Information, dated January Curtis & Tompkins Analytical Subcommittee (SCAS), and workgroups 22, 2009, providing procedures for the Laboratories will meet on March 23–25, 2009, in release of confidential business Ecology and Environment, Inc. Washington, DC. The Committee and information in that case, has been Energy Laboratories, Inc. Subcommittee meetings will be located entered at the United States Federal FGL Environmental at The Fairfax Hotel Embassy Row, 2100 District Court for the Eastern District of Forward, Inc. Massachusetts Avenue, NW.,

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Washington, DC 20008, in the Balcony ENVIRONMENTAL PROTECTION UIC Section, EPA—Region 6, telephone conference room. The focus of the AGENCY (214) 665–7150. meeting will be: Economic Stimulus/ Dated: February 18, 2009. water infrastructure and environmental [FRL–8777–2] Miguel I. Flores, provisions, climate change, energy Division Director, Water Quality Protection efficiency, small communities, Underground Injection Control Division. watersheds and coastlines, military Program; Hazardous Waste Injection [FR Doc. E9–4464 Filed 3–2–09; 8:45 am] Restrictions; Petition for Exemption— issues, recycling DVD, product BILLING CODE 6560–50–P stewardship and green buildings. Class I Hazardous Waste Injection Rubicon, LLC This is an open meeting and all interested persons are invited to attend. AGENCY: Environmental Protection FEDERAL COMMUNICATIONS The Committee will hear comments Agency (EPA). COMMISSION from the public between 12:05 p.m. and ACTION: Notice of a Final Decision on a Notice of Public Information 12:30 p.m. on Tuesday, March 24, 2009. No Migration Petition Reissuance. Collection(s) Being Submitted for Individuals or organizations wishing to SUMMARY: Notice is hereby given that an Review to the Office of Management address the LGAC meeting will be and Budget, Comments Requested allowed a maximum of five minutes to exemption to the land disposal present their point of view. Also, restrictions under the 1984 Hazardous February 26, 2009. written comments should be submitted and Solid Waste Amendments to the SUMMARY: The Federal Communications electronically to Resource Conservation and Recovery Commission, as part of its continuing Act has been granted to Rubicon, LLC, [email protected]. Please contact effort to reduce paperwork burden (Rubicon) for four Class I injection wells the Designated Federal Officer (DFO) at invites the general public and other located at Geismar, Louisiana. As Federal agencies to take this the number listed below to schedule required by 40 CFR part 148, the agenda time. Time will be allotted on a opportunity to comment on the company has adequately demonstrated following information collection(s), as first come first serve basis, and the total to the satisfaction of the Environmental period for comments may be extended required by the Paperwork Reduction Protection Agency by the petition and Act (PRA) of 1995, 44 U.S.C. 3501–3520. if the number of requests for supporting documentation that, to a appearances requires it. An agency may not conduct or sponsor reasonable degree of certainty, there will a collection of information unless it ADDRESSES: The LGAC meeting will be be no migration of hazardous displays a currently valid control held at the Fairfax Hotel Embassy Row, constituents from the injection zone for number. No person shall be subject to located at 2100 Massachusetts Avenue, as long as the waste remains hazardous. any penalty for failing to comply with NW., Washington, DC 20008 in the This final decision allows the a collection of information subject to the Balcony conference room on March 23– underground injection by Rubicon of Paperwork Reduction Act (PRA) that the specific restricted hazardous wastes 25, 2009. does not display a valid control number. identified in this exemption into Class The Committee’s meeting minutes Comments are requested concerning (a) I hazardous waste injection wells Nos. Whether the proposed collection of and Subcommittee summary notes will 1, 3, 4 and 5 at the Geismar, Louisiana information is necessary for the proper be available after the meeting online at facility, until December 31, 2025, unless performance of the functions of the http://www.epa.gov/ocir/scas and can EPA moves to terminate this exemption Commission, including whether the be obtained by written request to the under provisions of 40 CFR 148.24. information shall have practical utility; DFO. Additional conditions included in this (b) the accuracy of the Commission’s final decision may be reviewed by FOR FURTHER INFORMATION CONTACT: burden estimate; (c) ways to enhance contacting the Region 6 Ground Water/ the quality, utility, and clarity of the Frances Eargle, DFO for the Local UIC Section. As required by 40 CFR Government Advisory Committee information collected; and (d) ways to 148.22(b) and 124.10, a public notice minimize the burden of the collection of (LGAC) at (202) 564–3115 or e-mail at was issued on December 23, 2008. The information on the respondents, [email protected]. public comment period closed on including the use of automated Information on Services for Those February 9, 2009. No comments were collection techniques or other forms of with Disabilities: For Information on received. This decision constitutes final information technology. Agency action, and there is no access or services for individuals with DATES: Written Paperwork Reduction administrative appeal. This decision disabilities, please contact Frances Act (PRA) comments should be may be reviewed/appealed in Eargle at (202) 564–3115 or submitted on or before April 2, 2009. If compliance with the Administrative [email protected]. To request you anticipate that you will be Procedure Act. accommodation of a disability, please submitting PRA comments, but find it request it 10 days prior to the meeting, DATES: This action is effective as of difficult to do so within the period of to give EPA as much time as possible to February 18, 2009. time allowed by this notice, you should process your request. ADDRESSES: Copies of the petition and advise the FCC contact listed below as all pertinent information relating thereto soon as possible. Dated: February 19, 2009. are on file at the following location: ADDRESSES: Direct all PRA comments to Frances Eargle, Environmental Protection Agency, Nicholas A. Fraser, Office of Designated Federal Officer, Local Government Region 6, Water Quality Protection Management and Budget, (202) 395– Advisory Committee. Division, Source Water Protection 5887, or via fax at 202–395–5167 or via [FR Doc. E9–4479 Filed 3–2–09; 8:45 am] Branch (6WQ–S), 1445 Ross Avenue, Internet at BILLING CODE 6560–50–P Dallas, Texas 75202–2733. [email protected] and FOR FURTHER INFORMATION CONTACT: to [email protected], Federal Philip Dellinger, Chief Ground Water/ Communications Commission, or an e-

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mail to [email protected]. To view a copy of manufacturers of AIS transmitters label consumer groups and others involved in this information collection request (ICR) each transmitting device with the the Digital Television Transition. A list submitted to OMB: (1) Go to the Web following statement: of presenters will be released prior to page http://reginfo.gov/public/do/ WARNING: It is a violation of the rules of the meeting. PRAMain, (2) look for the section of the the Federal Communications Commission to • Congress has set June 12, 2009 as Web page called ‘‘Currently Under input an MMSI hat has not been properly the final deadline for terminating full- Review’’, (3) click on the downward- assigned to the end user, or to otherwise power analog broadcasts. The purpose input any inaccurate data in this device. pointing arrow in the ‘‘Select Agency’’ of the meeting is to educate and inform box below the ‘‘Currently Under Additionally, prior to submitting a the Commission and the public about Review’’ heading, (4) select ‘‘Federal certification application (FCC Form 731, the digital television transition, Communications Commission’’ from the OMB Control Number 3060–0057) for a including the partial transition on list of agencies presented in the ‘‘Select Class B AIS device, the following February 17, 2009, when some full- Agency’’ box, (5) click the ‘‘Submit’’ information must be submitted in power broadcast television stations button to the right of the ‘‘Select duplicate to the Commandant (CG–521), stopped broadcasting in analog and Agency’’ box, and (6) when the list of U.S. Coast Guard, 2100 2nd Street, SW., began broadcasting in digital only. FCC ICRs currently under review Washington, DC 20593–0001: (1) The The meeting site is fully accessible to appears, look for the title of this ICR (or name of the manufacturer or grantee and its OMB Control Number, if there is one) the model number of the AIS device; people using wheelchairs or other and then click on the ICR Reference and (2) copies of the test report and test mobility aids. Sign language Number to view detailed information data obtained from the test facility interpreters, open captioning, and about this ICR. showing that the device complies with assistive listening devices will be FOR FURTHER INFORMATION CONTACT: For the environmental and operational provided on site. Other reasonable additional information or copies of the requirements identified in IEC 62287–1. accommodations for people with information collection(s), contact Judith After reviewing the information disabilities are available upon request. B. Herman at 202–418–0214 or via the described in the certification Include a description of the Internet at [email protected]. application, the U.S. Coast Guard will accommodation you will need. Also include a way we can contact you if we SUPPLEMENTARY INFORMATION: issue a letter stating whether the AIS OMB Control Number: 3060–XXXX. device satisfies all of the requirements need more information. Last minute Title: Section 80.231, Technical specified in IEC 62287–1. A certification requests will be accepted, but may be Requirements for Class B Automatic application for an AIS device submitted impossible to fill. Send an e-mail to: Identification System (AIS) Equipment. to the Commission must contain a copy [email protected] or call the Consumer & Form No.: Not applicable. of the U.S. Coast Guard letter stating Governmental Affairs Bureau at 202– Type of Review: New collection. that the device satisfies all of the 418–0530 (voice), 202–418–0432 (tty). Respondents: Business or other for- requirements specified in IEC–62287–1, Additional information concerning profit. a copy of the technical test data and the this meeting may be obtained from Number of Respondents: 20 instruction manual(s). Audrey Spivack or David Fiske, Office respondents; 20 responses. These reporting and third party of Media Relations, (202) 418–0500; Estimated Time Per Response: 1 hour. disclosure requirements aid the TTY 1–888–835–5322. Audio/Video Frequency of Response: On occasion Commission monitoring advance marine coverage of the meeting will be reporting requirement and third party vessel tracking and navigation broadcast live with open captioning disclosure requirement. information transmitted from Class B over the Internet from the FCC’s Audio/ Obligation to Respond: Required to AIS devices to ensure that they are Video Events Web page at http:// obtain or retain benefits. Statutory accurate and reliable, while promoting www.fcc.gov/realaudio. marine safety. authority for this information collection For a fee this meeting can be viewed is contained in 47 U.S.C. 151–155, and Federal Communications Commission. live over George Mason University’s 301–609. Marlene H. Dortch, Capitol Connection. The Capitol Total Annual Burden: 20 hours. Secretary. Connection also will carry the meeting Total Annual Cost: $28,000. live via the Internet. To purchase these Privacy Act Impact Assessment: No [FR Doc. E9–4495 Filed 3–2–09; 8:45 am] services call (703) 993–3100 or go to impact. BILLING CODE 6712–01–P http://www.capitolconnection.gmu.edu. Nature and Extent of Confidentiality: There is no need for confidentiality. Copies of materials adopted at this FEDERAL COMMUNICATIONS Needs and Uses: The Commission meeting can be purchased from the COMMISSION requesting OMB approval for this new FCC’s duplicating contractor, Best Copy information collection. On September Sunshine Act Meeting; FCC To Hold and Printing, Inc. (202) 488–5300; Fax 19, 2008, the Commission adopted a Open Commission Meeting Thursday, (202) 488–5563; TTY (202) 488–5562. Second Report and Order, FCC 08–208, March 5, 2009 These copies are available in paper which added a new section 80.231, format and alternative media, including which requires that manufacturers of February 26, 2009. large print/type; digital disk; and audio Class B Automatic Identification The Federal Communications and video tape. Best Copy and Printing, Systems (AIS) transmitters for the Commission will hold an Open Meeting Inc. may be reached by e-mail at Marine Radio Service include with each on Thursday, March 5, 2009, which is [email protected]. transmitting device a statement scheduled to commence at 9:30 a.m. in Federal Communications Commission. explaining how to enter static Room TW–C305, at 445 12th Street, William F. Caton, information accurately and a warning SW., Washington, DC. statement that entering inaccurate • The meeting will include Deputy Secretary. information is prohibited. Specifically, presentations and discussion by senior [FR Doc. E9–4597 Filed 2–27–09; 4:15 pm] the information collection requires that agency officials as well as industry, BILLING CODE 6712–01–P

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FEDERAL RESERVE SYSTEM ACTION: Proposed Consent Agreement. the FTC makes every effort to remove home contact information for Federal Open Market Committee; SUMMARY: The consent agreement in this individuals from the public comments it Domestic Policy Directive of January matter settles alleged violations of receives before placing those comments 27 and 28, 2009 federal law prohibiting unfair or on the FTC website. More information, deceptive acts or practices or unfair In accordance with § 271.25 of its including routine uses permitted by the methods of competition. The attached Privacy Act, may be found in the FTC’s rules regarding availability of Analysis to Aid Public Comment information (12 CFR part 271), there is privacy policy, at (http://www.ftc.gov/ describes both the allegations in the ftc/privacy.shtm). set forth below the domestic policy draft complaint and the terms of the FOR FURTHER INFORMATION CONTACT: directive issued by the Federal Open consent order—embodied in the consent Leonard L. Gordon, Nancy Turnblacer, Market Committee at its meeting held agreement—that would settle these 1 and Alan B. Loughnan, Northeast on January 27 and 28, 2009. allegations. The Federal Open Market Committee Regional Office, 600 Pennsylvania seeks monetary and financial conditions DATES: Comments must be received on Avenue, NW, Washington, D.C. 20580, that will foster price stability and or before March 27, 2009. (212) 607-2829. promote sustainable growth in output. ADDRESSES: Interested parties are SUPPLEMENTARY INFORMATION: Pursuant To further its long–run objectives, the invited to submit written comments. to section 6(f) of the Federal Trade Committee seeks conditions in reserve Comments should refer to ‘‘Lubrizol and Commission Act, 38 Stat. 721, 15 U.S.C. markets consistent with federal funds Lockhart, File No. 071 0230,’’ to 46(f), and § 2.34 of the Commission trading in a range of 0 to 1⁄4 percent. The facilitate the organization of comments. Rules of Practice, 16 CFR 2.34, notice is Committee directs the Desk to purchase A comment filed in paper form should hereby given that the above-captioned GSE debt and agency–guaranteed MBS include this reference both in the text consent agreement containing a consent during the intermeeting period with the and on the envelope, and should be order to cease and desist, having been aim of providing support to the mailed or delivered to the following filed with and accepted, subject to final mortgage and housing markets. The address: Federal Trade Commission/ approval, by the Commission, has been timing and pace of these purchases Office of the Secretary, Room 135-H, placed on the public record for a period should depend on conditions in the 600 Pennsylvania Avenue, N.W., of thirty (30) days. The following markets for such securities and on a Washington, D.C. 20580. Comments Analysis to Aid Public Comment broader assessment of conditions in containing confidential material must be describes the terms of the consent primary mortgage markets and the filed in paper form, must be clearly agreement, and the allegations in the housing sector. By the end of the second labeled ‘‘Confidential,’’ and must complaint. An electronic copy of the quarter of this year, the Desk is expected comply with Commission Rule 4.9(c). full text of the consent agreement to purchase up to $100 billion in 16 CFR 4.9(c) (2005).1 The FTC is package can be obtained from the FTC housing–related GSE debt and up to requesting that any comment filed in Home Page (for February 26, 2009), on $500 billion in agency–guaranteed MBS. paper form be sent by courier or the World Wide Web, at (http:// The System Open Market Account overnight service, if possible, because www.ftc.gov/os/2009/02/index.htm). A Manager and the Secretary will keep the U.S. postal mail in the Washington area paper copy can be obtained from the Committee informed of ongoing and at the Commission is subject to FTC Public Reference Room, Room 130- developments regarding the System’s delay due to heightened security H, 600 Pennsylvania Avenue, NW, balance sheet that could affect the precautions. Comments that do not Washington, D.C. 20580, either in attainment over time of the Committee’s contain any nonpublic information may person or by calling (202) 326-2222. objectives of maximum employment instead be filed in electronic form by Public comments are invited, and may and price stability. following the instructions on the web- be filed with the Commission in either By order of the Federal Open Market based form at (http:// paper or electronic form. All comments Committee, February 19, 2009. secure.commentworks.com/ftc- should be filed as prescribed in the LubrizolLockhart). To ensure that the ADDRESSES section above, and must be Brian F. Madigan, Commission consider an electronic received on or before the date specified Secretary, Federal Open Market Committee. comment, you must file it on that web- in the DATES section. [FR Doc. E9–4471 Field 3–2–09; 8:45 am] based form. BILLING CODE 6210–01–S The FTC Act and other laws the Analysis of Agreement Containing Commission administers permit the Consent Order to Aid Public Comment collection of public comments to I. Introduction FEDERAL TRADE COMMISSION consider and use in this proceeding as The Federal Trade Commission appropriate. All timely and responsive [File No. 071 0230] (‘‘Commission’’) has accepted, subject to public comments, whether filed in final approval, an Agreement The Lubrizol Corporation and The paper or electronic form, will be Containing Consent Order (‘‘Consent Lockhart Company; Analysis of considered by the Commission, and will Agreement’’) from The Lubrizol Agreement Containing Consent Order be available to the public on the FTC Corporation and The Lockhart Company to Aid Public Comment website, to the extent practicable, at (‘‘Respondents’’). The Consent www.ftc.gov. As a matter of discretion, Agreement is intended to resolve AGENCY: Federal Trade Commission. anticompetitive effects stemming from 1 The comment must be accompanied by an 1 Copies of the Minutes of the Federal Open explicit request for confidential treatment, The Lubrizol Corporation’s (‘‘Lubrizol’’) Market Committee at its meeting held on January including the factual and legal basis for the request, acquisition of certain assets of The 27 and 28, 2009, which includes the domestic and must identify the specific portions of the Lockhart Company (‘‘Lockhart’’) in the policy directive issued at the meeting, are available comment to be withheld from the public record. United States market for rust upon request to the Board of Governors of the The request will be granted or denied by the Federal Reserve System, Washington, D.C. 20551. Commission’s General Counsel, consistent with preventives containing oxidates. Under The minutes are published in the Federal Reserve applicable law and the public interest. See the terms of the proposed Consent Bulletin and in the Board’s annual report. Commission Rule 4.9(c), 16 CFR 4.9(c). Agreement, Lubrizol is required to

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divest assets it acquired from Lockhart additive packages, soluble bases, coating unlikely to occur within two years. To to Additives International LLC (‘‘AI’’). intermediates, and petroleum sulfonates enter the market, a firm needs to invest The proposed Consent Agreement has and oxidates that serve the in assets such as equipment, production been placed on the public record for metalworking and coatings industries. know-how, supplier relationships, and thirty days to solicit comments from Lockhart’s metalworking product line infrastructure. The market for oxidates interested persons. Comments received included oxidates, natural, synthetic is not expanding and it is likely a new during this period will become part of and gelled sulfonates, corrosion entrant would not be able to establish the public record. After thirty days, the inhibitors and lubricity agents, enough sales to achieve the minimum Commission will again review the emulsifier packages, grease additives, viable scale to make entry economically proposed Consent Agreement and the esters, soaps, semi-finished coatings, feasible. In addition, the formulations comments received, and will decide and rust preventives. for oxidates and other rust preventatives whether it should withdraw from the III. Oxidates go through extensive testing and proposed Consent Agreement, modify it, certification processes. Due to the time or make it final. Oxidates are waxy petroleum-based and expense of testing, customers are Pursuant to an Asset Purchase substances that are normally solid at reticent to change suppliers absent Agreement dated February 7, 2007, room temperature and are used in exigent circumstances. Lubrizol acquired from Lockhart a chemical formations designed to be product line of chemical additives used applied to metal for rust prevention IV. Consent Agreement to make rust preventives for purposes. Oxidates may be further Under the terms of the Consent approximately $15.6 million processed into soaps of oxidates and Agreement, Lubrizol is required to (‘‘Acquisition’’). The Asset Purchase esters, which have the same rust transfer certain assets to AI. The Agreement also included a non- preventive abilities as oxidates and are transferred assets consist of a non- competition agreement that prohibited also used in chemical blends. In exclusive license to manufacture Lockhart, for a period of five years from addition to their excellent rust twenty-eight former Lockhart rust the date of the purchase agreement, preventive properties, oxidates are preventive formulas that contain from directly or indirectly engaging in inexpensive and long-lasting compared oxidates, including testing data relating any business competitive with the assets to other rust preventive additives in the to the formulas and the right to use the it sold to Lubrizol. The Commission’s market. Due to oxidates’ low costs and Lockhart trademarks and trade name for complaint alleges that the Acquisition superior rust-preventing properties, they a period of two years after the date upon have become the ‘‘gold-standard’’ in violated Section 7 of the Clayton Act, as which the Decision and Order becomes long-term rust and corrosion protection. amended 15 U.S.C. § 18, and Section 5 final. Under the terms of the Consent Oxidates are purchased by chemical of the Federal Trade Commission Act, as Agreement, Lockhart must also lease a amended 15 U.S.C. § 45, by lessening formulators who use them to formulate portion of its Flint plant to AI and competition in the market for rust rust protection and corrosion-inhibiting maintain the plant in good working preventives containing oxidates sold to additives. order for the duration of the lease. metalworking firms, automotive parts The relevant geographic market in Lubrizol must also release its right of suppliers, and other entities. The which to assess the impact of the first refusal to purchase Lockhart’s proposed Consent Agreement would Acquisition is the United States. Foreign oxidizer. AI also acquired from Lockhart remedy the alleged violation by importers of oxidates face tariffs and a right of first refusal to purchase the replacing the competition that has been other obstacles that increase their prices plant. lost in this market as a result of the and make United States customers less Acquisition. likely to rely on foreign sources. The Consent Agreement also requires The market for oxidates is highly Lubrizol to execute a waiver of the non- II. The Parties concentrated, with Lubrizol, and compete provision of the Acquisition Lubrizol is a specialty chemical previously, Lockhart, being the top two Agreement. Specifically, Section II.A. of manufacturer that produces and providers of oxidates in the United the Decision and Order requires supplies products designed for use in States. While a few fringe firms exist, Lubrizol to ‘‘[r]emove and rescind any the global transportation, industrial, and oxidates customers do not regard them prohibition or restraint including, but consumer markets. Lubrizol as suitable alternatives to Lubrizol and not limited to, any non-compete manufactures products such as Lockhart. agreements, on the sale or use of all or additives, ingredients, resins, and The acquisition of Lockhart’s oxidate any part of Respondent Lockhart’s Flint compounds, which customers use as line by Lubrizol substantially lessened Plant for the manufacture and sale of rust preventives and in other ways to competition in the oxidate market. any products produced at the Flint Plant improve the quality of their end-use Through the Acquisition, Lubrizol by [AI] or any other Person.’’ Finally, products. Prior to the Acquisition, removed its last substantial competitor the Consent Agreement prohibits Lubrizol was the leading maker of in the market. Before the Acquisition, Lubrizol from acquiring any or all of AI oxidates in North America. Lubrizol, customers benefitted from the rivalry without prior Commission approval. headquartered in Wickliffe, Ohio, between Lubrizol and Lockhart in the The Commission believes that this operates facilities in 29 countries, form of lower prices, innovative Consent Agreement establishes AI as a including production facilities in 20 products, and better service and viable competitor in the oxidate market countries and laboratories in 13 support. In addition, the Acquisition and substantially restores the countries. In FY2007, Lubrizol had thwarted entry by restricting the use of competition lost as a result of the approximately $4.5 billion in revenue. Lockhart’s Flint, Michigan, plant and transaction. The acquisition of the Lockhart, a private corporation equipment through the non-competition former Lockhart formulas and the lease headquartered in Flint, Michigan, was agreement. of the Lockhart plant by AI decreases the second leading maker of oxidates in New entry or fringe expansion into the normal barriers a new entrant would North America. Lockhart previously the market for the manufacture of face and remedies the anticompetitive manufactured specialty chemicals oxidates sufficient to counteract the effects of the previously executed including corrosion and lubricity competitive effects of the Acquisition is Acquisition.

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The purpose of this analysis is to be submitted by e-mail to Harriette Lynch, Coordinating Center for facilitate public comment on the [email protected]. Infectious Diseases, Office of the proposed Decision and Order. This Director, CDC, 1600 Clifton Road, NE., Christine M. Branche, analysis is not intended to constitute an Mailstop E–77, Atlanta, Georgia 30333, official interpretation of the Consent Acting Director, National Institute for Telephone (404) 498–2726. Occupational Safety and Health. Agreement and the proposed Decision The Director, Management Analysis and Order, and does not modify their [FR Doc. E9–4493 Filed 3–2–09; 8:45 am] and Services Office, has been delegated terms in any way. Further, the proposed BILLING CODE 4163–19–P the authority to sign Federal Register Consent Agreement has been entered notices pertaining to announcements of into for settlement purposes only, and DEPARTMENT OF HEALTH AND meetings and other committee does not constitute an admission by HUMAN SERVICES management activities for both CDC and Respondents that they violated the law the Agency for Toxic Substances and or that the facts alleged in the complaint Centers for Disease Control and Disease Registry. (other than jurisdictional facts) are true. Prevention (CDC) Dated: February 25, 2009. By direction of the Commission. Elaine L. Baker, Request for Nominations of Donald S. Clark, Candidates To Serve on the Board of Director, Management Analysis and Services Secretary. Office, Centers for Disease Control and Scientific Counselors, Coordinating Prevention. [FR Doc. E9–4481 Filed 3–2–09: 8:45 am] Center for Infectious Diseases (BSC, [FR Doc. E9–4475 Filed 3–2–09; 8:45 am] [BILLING CODE 6750–01–S] CCID) BILLING CODE 4163–18–P CDC is soliciting nominations for possible membership on the BSC, CCID. DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND This board provides advice and HUMAN SERVICES HUMAN SERVICES guidance to the Secretary, Department of Health and Human Services (HHS), Food and Drug Administration National Institute for Occupational the Director, CDC, and the Director, Safety and Health; Decision To CCID, concerning strategies and goals [Docket No. FDA–2008–N–0606] Evaluate a Petition To Designate a for the programs and research within Class of Employees for the Oak Ridge the national centers; shall conduct peer- Agency Information Collection Hospital, Oak Ridge, TN, To Be review of scientific programs; and Activities; Submission for Office of Included in the Special Exposure monitor the overall strategic direction Management and Budget Review; Cohort and focus of the national centers. The Comment Request; Export of Food and board shall also monitor program Drug Administration Regulated AGENCY: National Institute for organization and resources for Products: Export Certificates Occupational Safety and Health infectious disease prevention and (NIOSH), Department of Health and control. AGENCY: Food and Drug Administration, Human Services (HHS). Nominations are being sought for HHS. ACTION: Notice. individuals who have the expertise and ACTION: Notice. qualifications necessary to contribute to SUMMARY: HHS gives notice as required the accomplishment of the board’s SUMMARY: The Food and Drug by 42 CFR 83.12(e) of a decision to objectives. Nominees will be selected by Administration (FDA) is announcing evaluate a petition to designate a class the Secretary, HHS, or designee, from that a proposed collection of of employees for the Oak Ridge authorities knowledgeable in the fields information has been submitted to the Hospital, Oak Ridge, Tennessee, to be relevant to the issues addressed by the Office of Management and Budget included in the Special Exposure Cohort CCID and related disciplines, including: (OMB) for review and clearance under under the Energy Employees Epidemiology; microbiology; the Paperwork Reduction Act of 1995. Occupational Illness Compensation bacteriology; virology; parasitology; DATES: Fax written comments on the Program Act of 2000. The initial mycology; immunology; public health; collection of information by April 2, proposed definition for the class being entomology; bioterrorism threats; 2009. evaluated, subject to revision as clinical medicine; ecology; and from the ADDRESSES: To ensure that comments on warranted by the evaluation, is as general public. Federal employees will the information collection are received, follows: not be considered. Members may be OMB recommends that written Facility: Oak Ridge Hospital. invited to serve for terms of up to four comments be faxed to the Office of Location: Oak Ridge, Tennessee. years. Information and Regulatory Affairs, Job Titles and/or Job Duties: All Consideration is given to OMB, Attn: FDA Desk Officer, FAX: employees. representation from diverse geographic 202–395–6974, or e-mailed to areas, both genders, ethnic and minority Period of Employment: June 30, 1958 [email protected]. All groups, and the disabled. Nominees through December 31, 1959. comments should be identified with the must be U.S. citizens. OMB control number 0910–0498. Also FOR FURTHER INFORMATION CONTACT: The following information must be include the FDA docket number found Larry Elliott, Director, Office of submitted for each candidate: Name, in brackets in the heading of this Compensation Analysis and Support, affiliation, address, telephone number, document. National Institute for Occupational e-mail address, and current curriculum Safety and Health (NIOSH), 4676 vitae. FOR FURTHER INFORMATION CONTACT: Columbia Parkway, MS C–46, Nominations should be accompanied Jonna Capezzuto, Office of Information Cincinnati, OH 45226, Telephone 513– with a letter of recommendation stating Management (HFA–710), Food and Drug 533–6800 (this is not a toll-free the qualifications of the nominee and Administration, 5600 Fishers Lane, number). Information requests can also postmarked by March 20, 2009 to: Rockville, MD 20857, 301–796–3794.

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SUPPLEMENTARY INFORMATION: In unapproved pharmaceuticals, biologics, the United States, as well as for these compliance with 44 U.S.C. 3507, FDA and devices regulated by FDA. Section same products that are not legally has submitted the following proposed 801(e)(4) of the FDAERA provides that marketed but are acceptable to the collection of information to OMB for persons exporting certain FDA-regulated importing country, as specified in review and clearance. products may request FDA to certify sections 801(e) and 802 of the act. FDA that the products meet the requirements Export of Food and Drug has developed five types of certificates of 801(e) or 802 or other requirements that satisfy the requirements of section Administration Regulated Products: of the act. This section of the law Export Certificates (OMB Control 801(e)(4)(B) of the act: (1) Certificates to requires FDA to issue certification Foreign Governments, (2) Certificates of Number 0910–0498)—Extension within 20 days of receipt of the request Exportability, (3) Certificates of a In April 1996 a law entitled ‘‘The and to charge firms up to $175.00 for the Pharmaceutical Product, (4) Non- FDA Export Reform & Enhancement Act certifications. of 1996’’ (FDAERA) amended sections This new section of the act authorizes Clinical Research Use Only Certificates, 801(e) and 802 of the act (21 U.S.C. FDA to issue export certificates for and (5) Certificates of Free Sale. Table 381(e) and 382). It was designed to ease regulated pharmaceuticals, biologics, 1 of this document lists the different restrictions on exportation of and devices that are legally marketed in certificates and details their use:

TABLE 1.

Type of Certificate Use

‘‘Supplementary Information Certificate to Foreign Government Re- For the export of products legally marketed in the United States quests’’ ‘‘Exporter’s Certification Statement Certificate to Foreign Government’’ ‘‘Exporter’s Certification Statement Certificate to Foreign Government (For Human Tissue Intended for Transplantation)’’

‘‘Supplementary Information Certificate of Exportability Requests’’ For the export of products not approved for marketing in the United ‘‘Exporter’s Certification Statement Certificate of Exportability’’ States (unapproved products) that meet the requirements of sections 801(e) or 802 of the act

‘‘Supplementary Information Certificate of a Pharmaceutical Product’’ Conforms to the format established by the World Health Organization ‘‘Exporter’s Certification Statement Certificate of a Pharmaceutical and is intended for use by the importing country when the product in Product’’ question is under consideration for a product license that will author- ize its importation and sale or for renewal, extension, amending, or reviewing a license

‘‘Supplementary Information Non-Clinical Research Use Only Certifi- For the export of a non-clinical research use only product, material, or cate’’ component that is not intended for human use which may be mar- ‘‘Exporter’s Certification Statement Non-Clinical Research Use Only’’ keted in, and legally exported from the United States under the act

Certificates of Free Sale For food, cosmetic products, and dietary supplements that may be le- gally marketed in the United States

FDA will continue to rely on self- time that they submit the certification to violations of 18 U.S.C. 1001, with certification by manufacturers for the the foreign government. penalties including up to $250,000 in first three types of certificates listed in The appropriate FDA centers will fines and up to 5 years imprisonment. table 1 of this document. Manufacturers review product information submitted In the Federal Register of December are requested to self-certify that they are by firms in support of their certificate 17, 2008 (73 FR 76655), FDA published in compliance with all applicable and any suspected case of fraud will be a 60-day notice requesting public requirements of the act, not only at the referred to FDA’s Office of Criminal comment on the information collection time that they submit their request to Investigations for follow-up. Making or provisions. No comments were received. the appropriate center, but also at the submitting to FDA false statements on FDA estimates the burden of this any documents may constitute collection of information as follows:

TABLE 2.—TOTAL ESTIMATED ANNUAL REPORTING BURDEN1

No. of Annual Frequency Total Annual Hours per FDA Center Respondents per Response Responses Response Total Hours

Center for Biologics Evaluation and Research 1,501 1 1,501 1 1,501

Center for Drug Evaluation and Re- search 7,046 1 7,046 1 7,046

Center for Devices and Radiological Health 6,091 1 6,091 2 12,182

Center for Veterinary Medicine 664 1 664 1 664

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TABLE 2.—TOTAL ESTIMATED ANNUAL REPORTING BURDEN1—Continued

No. of Annual Frequency Total Annual Hours per FDA Center Respondents per Response Responses Response Total Hours

Center for Food Safety and Applied Nutrition 1,794 5 8,970 2 17,940

Total 14,853 24,272 39,333 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

The burden estimates were averaged Restoration Act of 1984 (Public Law 98– and Trademark Office that this medical based on the approximate number of 417) and the Generic Animal Drug and device had undergone a regulatory requests for certificates the agency Patent Term Restoration Act (Public review period and that the approval of received over the past 3 years. The Law 100–670) generally provide that a ENDEAVOR represented the first burden estimate for the Center for Drug patent may be extended for a period of permitted commercial marketing or use Evaluation and Research was increased up to 5 years so long as the patented of the product. Thereafter, the Patent to reflect a more accurate average item (human drug product, animal drug and Trademark Office requested that number of requests for certificates. product, medical device, food additive, FDA determine the product’s regulatory Dated: February 23, 2009. or color additive) was subject to review period. Jeffrey Shuren, regulatory review by FDA before the FDA has determined that the Associate Commissioner for Policy and item was marketed. Under these acts, a applicable regulatory review period for Planning. product’s regulatory review period ENDEAVOR is 1,507 days. Of this time, [FR Doc. E9–4457 Filed 3–2–09; 8:45 am] forms the basis for determining the 1,068 days occurred during the testing amount of extension an applicant may phase of the regulatory review period, BILLING CODE 4160–01–S receive. while 439 days occurred during the A regulatory review period consists of approval phase. These periods of time DEPARTMENT OF HEALTH AND two periods of time: A testing phase and were derived from the following dates: HUMAN SERVICES an approval phase. For medical devices, 1. The date an exemption under the testing phase begins with a clinical section 520(g) of the Federal Food, Drug, Food and Drug Administration investigation of the device and runs and Cosmetic Act (the act) (21 U.S.C. until the approval phase begins. The 360j(g)) involving this device became [Docket No. FDA–2008–E–0308] approval phase starts with the initial effective: December 19, 2003. FDA has Determination of Regulatory Review submission of an application to market verified the applicant’s claim that the Period for Purposes of Patent the device and continues until date the investigational device Extension; ENDEAVOR permission to market the device is exemption (IDE) required under section granted. Although only a portion of a 520(g) of the act for human tests to begin AGENCY: Food and Drug Administration, regulatory review period may count became effective was December 19, HHS. toward the actual amount of extension 2003. ACTION: Notice. that the Director of Patents and 2. The date an application was Trademarks may award (half the testing initially submitted with respect to the SUMMARY: The Food and Drug phase must be subtracted as well as any device under section 515 of the Federal Administration (FDA) has determined time that may have occurred before the Food, Drug, and Cosmetic Act (21 U.S.C. the regulatory review period for patent was issued), FDA’s determination 360e): November 20, 2006. The ENDEAVOR and is publishing this of the length of a regulatory review applicant claims November 16, 2006, as notice of that determination as required period for a medical device will include the date the premarket approval by law. FDA has made the all of the testing phase and approval application (PMA) for ENDEAVOR determination because of the phase as specified in 35 U.S.C. (PMA P060033) was initially submitted. submission of an application to the 156(g)(3)(B). However, FDA records indicate that Director of Patents and Trademarks, FDA recently approved for marketing PMA P060033 was submitted on Department of Commerce, for the the medical device, ENDEAVOR November 20, 2006. extension of a patent which claims that (Zotarolimus-Eluting Coronary Stent 3. The date the application was medical device. System). ENDEAVOR is indicated for approved: February 1, 2008. FDA has ADDRESSES: Submit written comments improving coronary luminal diameter in verified the applicant’s claim that PMA and petitions to the Division of Dockets patients with ischemic heart disease due P060033 was approved on February 1, Management (HFA–305), Food and Drug to de novo lesions of length ≤27 2008. Administration, 5630 Fishers Lane, rm. millimeters (mm) in native coronary This determination of the regulatory 1061, Rockville, MD 20852. Submit arteries with reference vessel diameters review period establishes the maximum electronic comments to http:// of ≥2.5 mm to ≤3.5 mm. Subsequent to potential length of a patent extension. www.regulations.gov. this approval, the Patent and Trademark However, the U.S. Patent and FOR FURTHER INFORMATION CONTACT: Office received a patent term restoration Trademark Office applies several Beverly Friedman, Office of Regulatory application for ENDEAVOR (U.S. Patent statutory limitations in its calculations Policy, Food and Drug Administration, No. 5,624,411) from Medtronic, Inc., of the actual period for patent extension. 10903 New Hampshire Ave., Bldg. 51, and the Patent and Trademark Office In its application for patent extension, rm. 6222, Silver Spring, MD 20993– requested FDA’s assistance in this applicant seeks 954 days of patent 0002, 301–796–3602. determining this patent’s eligibility for term extension. SUPPLEMENTARY INFORMATION: The Drug patent term restoration. In a letter dated Anyone with knowledge that any of Price Competition and Patent Term June 19, 2008, FDA advised the Patent the dates as published are incorrect may

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submit to the Division of Dockets human prescription drug and biological (effective June 30, 2006). The new FDA Management (see ADDRESSES) written or products. regulations are designed to make electronic comments and ask for a DATES: Although you can comment on information in prescription drug redetermination by May 4, 2009. any guidance at any time (see 21 CFR labeling easier for health care Furthermore, any interested person may 10.115(g)(5)), to ensure that the agency practitioners to access, read, and use, petition FDA for a determination considers your comments on this draft thereby increasing the extent to which regarding whether the applicant for guidance before it begins work on the practitioners rely on labeling for extension acted with due diligence final version of the guidance, submit prescribing decisions. Among other during the regulatory review period by written or electronic comments on the things, the new FDA regulations require August 31, 2009. To meet its burden, the draft guidance by June 1, 2009. that the Clinical pharmacology section petition must contain sufficient facts to ADDRESSES: Submit written requests for of the labeling contain the following merit an FDA investigation. (See H. single copies of the draft guidance to the subsections: Mechanism of action, Rept. 857, part 1, 98th Cong., 2d sess., Division of Drug Information, Center for Pharmacodynamics, and pp. 41–42, 1984.) Petitions should be in Drug Evaluation and Research, Food Pharmacokinetics(§ 201.57(c)(13)(i) (21 the format specified in 21 CFR 10.30. and Drug Administration, 10903 New CFR 201.57(c)(13)(i)). Comments and petitions should be Hampshire Ave., Bldg. 51, rm. 2201, FDA is announcing the availability of submitted to the Division of Dockets Silver Spring, MD 20993–0002; or to the a draft guidance for industry entitled Management. Three copies of any Office of Communication, Outreach and ‘‘Clinical Pharmacology Section of mailed information are to be submitted, Development (HFM–40), Center for Labeling for Human Prescription Drug and Biological Products—Content and except that individuals may submit one Biologics Evaluation and Research Format.’’ The draft guidance is intended copy. Comments are to be identified (CBER), Food and Drug Administration, to assist applicants in producing the with the docket number found in 1401 Rockville Pike, suite 200N, Clinical pharmacology section of brackets in the heading of this Rockville, MD 20852–1448. The labeling for human prescription drug document. Comments and petitions may guidance may also be obtained by mail and biological products that is be seen in the Division of Dockets by calling CBER at 1–800–835–4709 or consistent, understandable, organized, Management between 9 a.m. and 4 p.m., 301–827–1800. Send two self-addressed clinically useful, and in compliance Monday through Friday. adhesive labels to assist the office in with the new requirements of processing your requests. Submit Dated: February 17, 2009. § 201.57(c)(13)(i). The ultimate goal of written comments on the draft guidance Jane A. Axelrad, the guidance is to optimize patient drug to the Division of Dockets Management Associate Director for Policy, Center for Drug therapy. Evaluation and Research. (HFA–305), Food and Drug This draft guidance is being issued [FR Doc. E9–4374 Filed 3–2–09; 8:45 am] Administration, 5630 Fishers Lane, rm. consistent with FDA’s good guidance 1061, Rockville, MD 20852. Submit BILLING CODE 4160–01–S practices regulation (21 CFR 10.115). electronic comments to http:// The draft guidance, when finalized, will www.regulations.gov. See the represent the agency’s current thinking DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION section for on the content and format of the clinical HUMAN SERVICES electronic access to the draft guidance pharmacology section of labeling for document. human prescription drug and biological Food and Drug Administration FOR FURTHER INFORMATION CONTACT: products. It does not create or confer [Docket No. FDA–2009–D–0095] Regarding the guidance: Paul Hepp, any rights for or on any person and does Center for Drug Evaluation and not operate to bind FDA or the public. Draft Guidance for Industry on the Research, Food and Drug An alternative approach may be used if Clinical Pharmacology Section of Administration, 10903 New such approach satisfies the Labeling for Human Prescription Drug Hampshire Ave., Bldg. 51, rm. 1270, requirements of the applicable statutes and Biological Products—Content and Silver Spring, MD 20993–0002, and regulations. Format; Availability 301–796–1538; or Lei Zhang, Center for Drug Evaluation II. Comments AGENCY: Food and Drug Administration, and Research, Food and Drug Interested persons may submit to the HHS. Administration, 10903 New Division of Dockets Management (see ACTION: Notice. Hampshire Ave., Bldg. 51, rm. 3106, ADDRESSES) written or electronic Silver Spring, MD 20993–0002, comments regarding this document. SUMMARY: The Food and Drug 301–796–1635; or Submit a single copy of electronic Administration (FDA) is announcing the Stephen M. Ripley, Center for comments or two paper copies of any availability of a draft guidance for Biologics Evaluation and Research mailed comments, except that industry entitled ‘‘Clinical (HFM–17),Food and Drug individuals may submit one paper copy. Pharmacology Section of Labeling for Administration, 1401 Rockville Comments are to be identified with the Human Prescription Drug and Biological Pike, suite 200N, Rockville, MD docket number found in brackets in the Products—Content and Format.’’ This 20852–1448, 301–827–6210. heading of this document. Received draft guidance is one of a series of SUPPLEMENTARY INFORMATION: comments may be seen in the Division guidance documents intended to assist of Dockets Management between 9 a.m. I. Background applicants in complying with new FDA and 4 p.m., Monday through Friday. regulations on the content and format of In the Federal Register of January 24, labeling for human prescription drug 2006 (71 FR 3922), FDA published a III. Paperwork Reduction Act of 1995 and biological products. The draft final rule entitled ‘‘Requirements on This draft guidance refers to guidance describes the recommended Content and Format of Labeling for previously approved collections of information to include in the Clinical Human Prescription Drug and Biological information found in FDA regulations. pharmacology section of labeling that Products,’’ to revise the agency’s These collections of information are pertains to the safe and effective use of previous regulations on labeling subject to review by the Office of

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Management and Budget (OMB) under proposed data collection projects Proposed Project: HRSA Office of the Paperwork Reduction Act of 1995 (section 3506(c)(2)(A) of Title 44, United Performance Review (OPR) Leading (44 U.S.C. 3501–3520). The collections States Code, as amended by the Practices Data Collection Initiative— of information related to the content and Paperwork Reduction Act of 1995, Pub. NEW format of labeling have been approved L. 104–13), the Health Resources and under OMB control no. 0910–0572; the Services Administration (HRSA) HRSA conducts performance reviews collections of information related to publishes periodic summaries of to assure that HRSA-funded grantees are pharmacogenomic data have been proposed projects being developed for successfully accomplishing their approved under OMB control no. 0910– submission to the Office of Management program purposes. While the Office of 0557. and Budget (OMB) under the Paperwork Performance Review’s (OPR) primary IV. Electronic Access Reduction Act of 1995. To request more function is to conduct performance reviews, another core function is to Persons with access to the Internet information on the proposed project or to obtain a copy of the data collection identify leading practices through the may obtain the document at http:// performance review process. The www.fda.gov/cder/guidance/index.htm, plans and draft instruments, e-mail purpose of this submission is to collect http://www.fda.gov/cber/ [email protected] or call the HRSA qualitative information from diverse guidelines.htm, or http:// Reports Clearance Officer on (301) 443– www.regulations.gov. 1129. grantees across HRSA and identify a program component (activity, strategy, Dated: February 20, 2009. Comments are invited on: (a) The process, or intervention) that has been Jeffrey Shuren, proposed collection of information for shown to work effectively, and produce Associate Commissioner for Policy and the proper performance of the functions successful outcomes, supported by Planning. of the agency; (b) the accuracy of the objective and/or subjective data sources. [FR Doc. E9–4372 Filed 3–2–09; 8:45 am] agency’s estimate of the burden of the Some characteristics of the program BILLING CODE 4160–01–S proposed collection of information; (c) components that grantees will be asked ways to enhance the quality, utility, and to describe are their ability to be clarity of the information to be replicable and adaptable, ability to be DEPARTMENT OF HEALTH AND collected; and (d) ways to minimize the HUMAN SERVICES documented, and ability to lead to burden of the collection of information successful program outcomes. on respondents, including through the Health Resources and Services In order to document and evaluate use of automated collection techniques Administration leading practices, grantees with or other forms of information potential leading practices will be asked technology. Agency Information Collection to complete both the Data Collection Activities: Proposed Collection: Tool and the Narrative. The information Comment Request collected through these documents will In compliance with the requirement be submitted to OPR. The estimated for opportunity for public comment on annual burden is as follows:

Responses Form Number of per Total Hours per Total burden respondents respondent responses response hours

Data Collection Tool ...... 40 1 40 3 120 Narrative ...... 40 1 40 3 120

Total ...... 240

E-mail comments to DEPARTMENT OF HEALTH AND Reports Clearance Office on (301) 443– [email protected] or mail the HRSA HUMAN SERVICES 1129. Reports Clearance Officer, Room 10–33, The following request has been Parklawn Building, 5600 Fishers Lane, Health Resources and Services submitted to the Office of Management Rockville, MD 20857. Written comments Administration and Budget for review under the should be received within 60 days of Paperwork Reduction Act of 1995: this notice. Agency Information Collection Proposed Project: Health Centers Activities: Submission for OMB Patient Survey—New. Dated: February 24, 2009. Review; Comment Request The Health Center program supports Alexandra Huttinger, Community Health Centers (CHCs), Director, Division of Policy Review and Periodically, the Health Resources Migrant Health Centers (MHCs), Health Coordination. and Services Administration (HRSA) Care for the Homeless (HCH) projects, [FR Doc. E9–4459 Filed 3–2–09; 8:45 am] publishes abstracts of information and Public Housing Primary Care BILLING CODE 4165–15–P collection requests under review by the (PHPC) programs. Health Centers Office of Management and Budget receive grants from HRSA to provide (OMB), in compliance with the primary and preventive health care Paperwork Reduction Act of 1995 (44 services to medically underserved U.S.C. Chapter 35). To request a copy of populations. the clearance requests submitted to The proposed Patient Survey will OMB for review, e-mail collect in-depth information about [email protected] or call the HRSA health center patients, their health

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status, the reasons they seek care at projects. The original survey questions longitudinal comparisons for CHCs and health centers, their diagnoses, the were derived from the National Health HCH projects with the previous User- services they utilize at health centers Interview Survey (NHIS) and the Visit survey data, including monitoring and elsewhere, the quality of those National Hospital Ambulatory Medical of process outcomes over time. In services, and their satisfaction with the Care Survey (NHAMCS) conducted by addition, this survey will include care they receive, through personal the National Center for Health Statistics interviews of patients drawn from interviews of a stratified random sample (NCHS). Conformance with the NHIS migrant populations and from residents of health center patients. Interviews are and NHAMCS allowed comparisons of public housing; these populations planned to take approximately 1 hour between these NCHS surveys and the were not included in the previous and six minutes each. previous CHC and HCH User-Visit surveys. The Patient Survey builds on previous Surveys. The new Patient Survey was The annual estimate of burden is as periodic User-Visit Surveys which were developed using a questionnaire follows: conducted to learn about the process methodology similar to that used in the The estimated response burden for the and outcomes of care in CHCs and HCH past, and will also allow some survey is as follows:

SURVEY

Responses Total Burden per Type of respondent; activity involved Number of per number of response Total hour respondents respondent responses (hours) burden

Grantee/Site Recruitment and Site Training ...... 115 3 345 3.75 1,294 Patient Recruitment ...... 5,658 1 5,658 .167 945 Patient Survey ...... 4,526 1 4,526 1.1 4,979

Total ...... 5,773 ...... 10,529 ...... 7,218

Written comments and ADDRESSES: Licensing information and experiments that model chronic recommendations concerning the copies of the U.S. patent applications exposure to tobacco, which promotes proposed information collection should listed below may be obtained by writing the development of HNSCC. Therefore, be sent within 30 days of this notice to to the indicated licensing contact at the inhibitors of mTOR have considerable the desk officer for HRSA, either by e- Office of Technology Transfer, National potential in the prevention and mail to [email protected] Institutes of Health, 6011 Executive treatment of HNSCC. or by fax to 202–395–6974. Please direct Boulevard, Suite 325, Rockville, Applications: Preventing the all correspondence to the ‘‘attention of Maryland 20852–3804; telephone: 301/ development of oral cancer using mTOR the desk officer for HRSA.’’ 496–7057; fax: 301/402–0220. A signed inhibitors to halt progression of pre- Dated: February 24, 2009. Confidential Disclosure Agreement will cancerous lesions. Market: Approximately 500,000 new Alexandra Huttinger, be required to receive copies of the patent applications. cases of squamous cell carcinomas of Director, Division of Policy Review and the head and neck arise every year Coordination. Prevention of Head and Neck Cancer making it the 6th most common cancer [FR Doc. E9–4460 Filed 3–2–09; 8:45 am] Using Rapamycin and Its Analogs in the world. BILLING CODE 4165–15–P Description of Technology: It is Frequently, prognosis is poor due to frequently observed in head and neck late detection of cancer. squamous cell carcinoma (HNSCC), a Development Status: Pre-clinical DEPARTMENT OF HEALTH AND proof of principle. HUMAN SERVICES cancer occurring mostly in the mouth, that the Akt/mTOR pathway is Inventors: J. Silvio Gutkind et al. abnormally activated. Therefore, (NIDCR). National Institutes of Health Publications: 1. CH Squarize, RM inhibiting this signaling pathway may Castilho, JS Gutkind. Chemoprevention Government-Owned Inventions; help in treating this disease. Rapamycin and treatment of experimental Cowden’s Availability for Licensing and its analogs are known to inhibit the disease by mTOR inhibition with activity of mTOR so in principle they rapamycin. Cancer Res. 2008 Sep AGENCY: National Institutes of Health, could serve as therapeutics for treating 1;68(17):7066–7072. Public Health Service, HHS. HNSCC. 2. R Czerninski, P Amornphimoltham, ACTION: Notice. Researchers at the NIH have V Patel, AA Molinolo, JS Gutkind. developed a method of potentially Targeting mTOR by rapamycin prevents SUMMARY: The inventions listed below preventing or treating HNSCC through tumor progression in an oral-specific are owned by an agency of the U.S. the inhibition of mTOR activity. The chemical carcinogenesis model. Cancer Government and are available for proof of this principle was Prevention Res. 2009 Jan;2(1):27–36. licensing in the U.S. in accordance with demonstrated by rapid regression of Patent Status: U.S. Patent Application 35 U.S.C. 207 to achieve expeditious mouth tumors in mice afflicted with No. 61/090/414 filed 20 Aug 2008 (HHS commercialization of results of Cowden syndrome with the Reference No. E–302–2008/0-US–01). federally-funded research and administration of rapamycin. Like Licensing Status: Available for development. Foreign patent HNSCC, development of this disease is licensing. applications are filed on selected linked to over activation of the Akt/ Licensing Contact: Whitney Hastings; inventions to extend market coverage mTOR pathway. Furthermore, the 301–451–7337; [email protected]. for companies and may also be available therapeutic potential of rapamycin was Collaborative Research Opportunity: for licensing. demonstrated using mice in The National Institute of Dental and

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Craniofacial Research, Oral and mediated DNA damage. Mutat Res. 2003 mechanisms of ubiquitin-dependent Pharyngeal Cancer Branch, is seeking Nov 27;532(1–2):173–203. Review. protein degradation. statements of capability or interest from Patent Status: U.S. Provisional Inventors: Allan M. Weissman et al. parties interested in collaborative Application No. 60/786,746 filed 27 Mar (NCI). research to further develop, evaluate, or 2006 (HHS Reference No. E–097–2006/ Patent Status: HHS Reference No. E– commercialize this technology. Please 0–US–01). 245–2003/0—Research Tool. Patent contact David W. Bradley, PhD at International Application No. PCT/ protection is not being pursued for this [email protected] for more US2007/007724 filed 27 Mar 2007 (HHS technology. information. Reference No. E–097–2006/0–PCT–02). Licensing Status: Available for U.S. Patent Application No. 12/ licensing under a Biological Materials Use of Tetracyclines as Anti-Cancer License Agreement. Agents 241,011 filed 29 Sep 2008 (HHS Reference No. E–097–2006/1–US–01). Licensing Contact: Samuel E. Bish, Description of Technology: The Licensing Status: Available for Ph.D.; 301–435–5282; invention describes compositions of licensing. [email protected]. tetracycline compounds and their Licensing Contact: Betty Tong, PhD; Dated: February 24, 2009. derivatives as having anti-cancer 301–594–6565; [email protected]. Richard U. Rodriguez, activity, as well as methods of treating Collaborative Research Opportunity: Director, Division of Technology Development cancer. Tetracyclines are commonly The Laboratory of Molecular and Transfer, Office of Technology Transfer, used as antibiotics; however, testing of Pharmacology at the National Cancer National Institutes of Health. these compounds in a high throughput Institute is seeking statements of [FR Doc. E9–4477 Filed 3–2–09; 8:45 am] screening system revealed certain capability or interest from parties BILLING CODE 4140–01–P derivatives to be potent inhibitors of interested in collaborative research to tyrosyl-DNA-phosphodiesterase (Tdp1). further develop, evaluate, or Camptothecins are effective commercialize tetracycline derivatives, DEPARTMENT OF HEALTH AND Topoisomerase I (Top1) inhibitors, and particularly optimizing them for HUMAN SERVICES two derivatives (Topotecan® and therapeutic use. Please contact John D. Camptosar®) are currently approved for National Institutes of Health Hewes, PhD at 301–435–3121 or treatment of ovarian and colorectal [email protected] for more cancer. Camptothecins damage DNA by National Institute of Allergy and information. trapping covalent complexes between Infectious Diseases; Notice of Closed the Top1 catalytic tyrosine and the 3=- Glutathione S-transferase Clones for Meetings end of the broken DNA. Tdp1 repairs Members of the Ubiquitin-Dependent Pursuant to section 10(d) of the Top1-DNA covalent complexes by Protein Degradation Pathway Federal Advisory Committee Act, as hydrolyzing the tyrosyl-DNA bond. This Description of Technology: Scientists amended (5 U.S.C. Appendix 2), notice can reduce the effectiveness of at the National Institutes of Health have is hereby given of the following camptothecins as anti-cancer agents. In developed cDNA for glutathione S- meetings. addition, Tdp1 repairs free-radical- transferase (GST) clones for the The meetings will be closed to the mediated DNA breaks. following factors: Nedd4, XIAP, public in accordance with the As disclosed in the instant UBCH5B, and CBL–B. These proteins provisions set forth in sections technology, tetracyclines have the are involved in the ubiquitin-dependent 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., potential to enhance the anti-neoplastic pathway of protein degradation in cells, as amended. The grant applications and activity of Top1 inhibitors by reducing the major cellular system for protein the discussions could disclose repair of Top1-DNA lesions through degradation. The ubiquitin-proteosome confidential trade secrets or commercial inhibition of Tdp1. Inhibition of Tdp1 pathway regulates several cancer property such as patentable material, may also reduce repair of DNA breaks regulated proteins. Defects in this and personal information concerning and increase the rate of apoptosis in pathway can lead to cancer individuals associated with the grant cancer cells, making them potential development. The GST clones can be applications, the disclosure of which anti-cancer agents on their own. would constitute a clearly unwarranted Development Status: Pre-clinical used to produce corresponding GST invasion of personal privacy. stage. fusion proteins in order to isolate each Inventors: Yves Pommier, Christophe protein from the pathway for further Name of Committee: Microbiology, Marchand, Laurent Thibaut (NCI). analysis. These constructs can also be Infectious Diseases and AIDS Initial Review Publications: 1. Z Liao et al. incorporated into assays/kits to detect Group; Acquired Immunodeficiency Inhibition of human tyrosyl-DNA proteins in the ubiquitin-dependent Syndrome Research Review Committee. Date: March 30–31, 2009. phosphodiesterase (Tdp1) by pathway. Applications: Research tools for Time: 8 a.m. to 12 p.m. aminoglycoside antibiotics and Agenda: To review and evaluate grant ribosome inhibitors. Mol Pharmacol. detection and isolation of ubiquitin- applications. 2006 Jul;70(1):366–372. dependent pathway members in order to Place: Hilton Washington/Rockville, 1750 2. Y Pommier. Camptothecins and understand the pathway defects that Rockville Pike, Rockville, MD 20852. topoisomerase I: A foot in the door. lead to cancer and develop preventions Contact Person: Erica L. Brown, PhD, Targeting the genome beyond and treatments to overcome these Scientific Review Officer, Scientific Review topoisomerase I with camptothecins and defects. Program, Division of Extramural Activities, novel anticancer drugs: Importance of Research tools for generating fusion National Institutes of Health/NIAID, 6700B Rockledge Drive, MSC 7616, Bethesda, MD DNA replication, repair and cell cycle proteins of Nedd4, XIAP, UBCH5B, and CBL–B to further analyze their functions 20892–7616, 301–451–2639, checkpoints. Curr Med Chem [email protected]. Anticancer Agents. 2004 Sep;4(5):429– in vivo and in vitro. Name of Committee: National Institute of 434. Review. Controls for screening inhibitors of Allergy and Infectious Diseases Special 3. Y Pommier et al. Repair of and the ubiquitin-dependent pathway in Emphasis Panel; Pandemic Flu. checkpoint response to topoisomerase I order to better understand the different Date: April 1, 2009.

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Time: 9 a.m. to 12 p.m. Date: March 31, 2009. Aging, Gerontology Research Center, Agenda: To review and evaluate grant Time: 12 p.m. to 2:30 p.m. National Institutes of Health, 5600 Nathan applications. Agenda: To review and evaluate grant Shock Drive, Baltimore, MD 21224–6825. Place: National Institutes of Health, 6700B applications. 410–558–8110, [email protected]. Rockledge Drive, Bethesda, MD 20817, Place: National Institutes of Health, 5635 (Telephone Conference Call). Fishers Lane, Bethesda, MD 20892, (Catalogue of Federal Domestic Assistance Contact Person: Clayton C. Huntley, PhD, (Telephone Conference Call). Program No. 93.866, Aging Research, Scientific Review Officer, Scientific Review Contact Person: Anne E Schaffner, PhD, National Institutes of Health, HHS) Program, National Institutes of Health/NIAID, Scientific Review Officer, Division of Dated: February 23, 2009. Room 3124, 6700B Rockledge Drive, MSC Extramural Research, National Eye Institute, 7616, Bethesda, MD 20892–7616, 301–451– 5635 Fishers Lane, Suite 1300, MSC 9300, Jennifer Spaeth, 2570, [email protected]. Bethesda, MD 20892–9300, (301) 451–2020, Director, Office of Federal Advisory (Catalogue of Federal Domestic [email protected]. Committee Policy. Assistance Program Nos. 93.855, (Catalogue of Federal Domestic Assistance [FR Doc. E9–4265 Filed 3–2–09; 8:45 am] Allergy, Immunology, and Program Nos. 93.867, Vision Research, BILLING CODE 4140–01–P Transplantation Research; 93.856, National Institutes of Health, HHS) Microbiology and Infectious Diseases Dated: February 23, 2009. Research, National Institutes of Health, Jennifer Spaeth, DEPARTMENT OF HEALTH AND HHS) Director, Office of Federal Advisory HUMAN SERVICES Dated: February 24, 2009. Committee Policy. National Institutes of Health Jennifer Spaeth, [FR Doc. E9–4286 Filed 3–2–09; 8:45 am] Director, Office of Federal Advisory BILLING CODE 4140–01–P National Institute of Mental Health; Committee Policy. Notice of Closed Meeting [FR Doc. E9–4411 Filed 3–2–09; 8:45 am] DEPARTMENT OF HEALTH AND BILLING CODE 4140–01–P Pursuant to section 10(d) of the HUMAN SERVICES Federal Advisory Committee Act, as National Institutes of Health amended (5 U.S.C. Appendix 2), notice DEPARTMENT OF HEALTH AND is hereby given of the following HUMAN SERVICES National Institute on Aging; Notice of meeting. National Institutes of Health Closed Meeting The meeting will be closed to the Pursuant to section 10(d) of the public in accordance with the National Eye Institute; Notice of Closed Federal Advisory Committee Act, as provisions set forth in sections Meetings amended (5 U.S.C. Appendix 2), notice 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Pursuant to section 10(d) of the is hereby given of a meeting of the as amended. The grant applications and Federal Advisory Committee Act, as Board of Scientific Counselors, NIA. the discussions could disclose amended (5 U.S.C. Appendix 2), notice The meeting will be closed to the confidential trade secrets or commercial is hereby given of the following public as indicated below in accordance property such as patentable material, meetings. with the provisions set forth in section and personal information concerning The meetings will be closed to the 552b(c)(6), Title 5 U.S.C., as amended individuals associated with the grant public in accordance with the for the review, discussion, and applications, the disclosure of which provisions set forth in sections evaluation of individual intramural would constitute a clearly unwarranted 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., programs and projects conducted by the invasion of personal privacy. as amended. The grant applications and National Institute on Aging, including Name of Committee: National Institute of the discussions could disclose consideration of personnel Mental Health Special Emphasis Panel; confidential trade secrets or commercial qualifications and performance, and the Center for AIDS Intervention Research Core property such as patentable material, competence of individual investigators, Support. and personal information concerning the disclosure of which would Date: March 20, 2009. individuals associated with the grant constitute a clearly unwarranted Time: 1 p.m. to 5 p.m. applications, the disclosure of which invasion of personal privacy. Agenda: To review and evaluate grant applications. would constitute a clearly unwarranted Name of Committee: Board of Scientific invasion of personal privacy. Counselors, NIA. Place: National Institutes of Health, Neuroscience Center, 6001 Executive Name of Committee: National Eye Institute Date: May 12–13, 2009. Special Emphasis Panel; Research Grant Time: May 12, 2009, 8 a.m to 4 p.m. Boulevard, Rockville, MD 20852 (Telephone Applications. Agenda: To review and evaluate personal Conference Call). Date: March 26, 2009. qualifications and performance, and Contact Person: Enid Light, PhD, Scientific Time: 8 a.m. to 5 p.m. competence of individual investigators. Review Officer, Division of Extramural Agenda: To review and evaluate grant Place: National Institute on Aging, Activities, National Institute of Mental applications. Biomedical Research Center, 251 Bayview Health, NIH, Neuroscience Center, 6001 Place: Embassy Suites at the Chevy Chase Blvd., 3rd Floor Conference Room, Baltimore, Executive Boulevard, Room 6132, MSC 9608, Pavilion, 4300 Military Road, NW., MD 21224. Bethesda, MD 20852–9608, 301–443–0322, Washington, DC 20015. Time: May 13, 2009, 8 a.m to 1:50 p.m. [email protected]. Contact Person: Houmam H Araj, PhD, Agenda: To review and evaluate personal (Catalogue of Federal Domestic Assistance Scientific Review Administrator, Division of qualifications and performance, and Extramural Research, National Eye Institute, competence of individual investigators. Program Nos. 93.242, Mental Health Research NIH, 5635 Fishers Lane, Suite 1300, Place: National Institute on Aging, Grants; 93.281, Scientist Development Bethesda, MD 20892–9602, 301–451–2020, Biomedical Research Center, 251 Bayview Award, Scientist Development Award for [email protected]. Blvd., 3rd Floor Conference Room, Baltimore, Clinicians, and Research Scientist Award; Name of Committee: National Eye Institute MD 21224. 93.282, Mental Health National Research Special Emphasis Panel; NEI Mentored Contact Person: Dan L. Longo, MD, Service Awards for Research Training, Career Development Grant Applications (K). Scientific Director, National Institute of National Institutes of Health, HHS)

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Dated: February 25, 2009. warranted, Federal funds provided under SUMMARY: This notice amends the notice Jennifer Spaeth, that program will also be limited to 75 of a major disaster declaration for the percent of the total eligible costs. Director, Office of Federal Advisory State of Arkansas (FEMA–1819–DR), Further, you are authorized to make Committee Policy. dated February 6, 2009, and related changes to this declaration to the extent [FR Doc. E9–4476 Filed 3–2–09; 8:45 am] allowable under the Stafford Act. determinations. BILLING CODE 4140–01–P The time period prescribed for the DATES: Effective Date: February 24, implementation of section 310(a), 2009. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HOMELAND Priority to Certain Applications for SECURITY Public Facility and Public Housing Peggy Miller, Disaster Assistance Assistance, 42 U.S.C. 5153, shall be for Directorate, Federal Emergency Federal Emergency Management a period not to exceed six months after Management Agency, 500 C Street, SW., Agency the date of this declaration. Washington, DC 20472, (202) 646–3886. The Federal Emergency Management SUPPLEMENTARY INFORMATION: The notice [Internal Agency Docket No. FEMA–1820– Agency (FEMA) hereby gives notice that DR; Docket ID FEMA–2008–0018] of a major disaster declaration for the pursuant to the authority vested in the State of Arkansas is hereby amended to Oklahoma; Major Disaster and Related Administrator, under Executive Order include the following area among those Determinations 12148, as amended, Douglas G. Mayne, areas determined to have been adversely of FEMA is appointed to act as the affected by the event declared a major AGENCY: Federal Emergency Federal Coordinating Officer for this disaster by the President in his Management Agency, DHS. major disaster. declaration of February 6, 2009. The following areas of the State of ACTION: Notice. Pope County for Public Assistance. Oklahoma have been designated as SUMMARY: This is a notice of the adversely affected by this major disaster: The following Catalog of Federal Domestic Presidential declaration of a major Assistance Numbers (CFDA) are to be used Carter, Logan, and Oklahoma Counties for for reporting and drawing funds: 97.030, disaster for the State of Oklahoma Individual Assistance. Community Disaster Loans; 97.031, Cora (FEMA–1820–DR), dated February 15, All counties within the State of Oklahoma Brown Fund; 97.032, Crisis Counseling; 2009, and related determinations. are eligible to apply for assistance under the 97.033, Disaster Legal Services; 97.034, DATES: Effective Date: February 15, Hazard Mitigation Grant Program. Disaster Unemployment Assistance (DUA); 2009. The following Catalog of Federal Domestic 97.046, Fire Management Assistance Grant; Assistance Numbers (CFDA) are to be used 97.048, Disaster Housing Assistance to FOR FURTHER INFORMATION CONTACT: for reporting and drawing funds: 97.030, Individuals and Households In Presidentially Peggy Miller, Disaster Assistance Community Disaster Loans; 97.031, Cora Declared Disaster Areas; 97.049, Directorate, Federal Emergency Brown Fund; 97.032, Crisis Counseling; Presidentially Declared Disaster Assistance— Management Agency, 500 C Street, SW., 97.033, Disaster Legal Services; 97.034, Disaster Housing Operations for Individuals Washington, DC 20472, (202) 646–3886. Disaster Unemployment Assistance (DUA); and Households; 97.050, Presidentially 97.046, Fire Management Assistance Grant; Declared Disaster Assistance to Individuals SUPPLEMENTARY INFORMATION: Notice is 97.048, Disaster Housing Assistance to and Households—Other Needs; 97.036, hereby given that, in a letter dated Individuals and Households In Presidentially Disaster Grants—Public Assistance February 15, 2009, the President issued Declared Disaster Areas; 97.049, (Presidentially Declared Disasters); 97.039, a major disaster declaration under the Presidentially Declared Disaster Assistance— Hazard Mitigation Grant. authority of the Robert T. Stafford Disaster Housing Operations for Individuals Disaster Relief and Emergency and Households; 97.050, Presidentially Nancy Ward, Assistance Act, 42 U.S.C. 5121–5207 Declared Disaster Assistance to Individuals Acting Administrator, Federal Emergency (the Stafford Act), as follows: and Households—Other Needs; 97.036, Management Agency. Disaster Grants—Public Assistance [FR Doc. E9–4503 Filed 3–2–09; 8:45 am] I have determined that the damage in (Presidentially Declared Disasters); 97.039, BILLING CODE 9111–23–P certain areas of the State of Oklahoma Hazard Mitigation Grant. resulting from severe storms and tornadoes during the period of February 10–11, 2009, Nancy Ward, is of sufficient severity and magnitude to Acting Administrator, Federal Emergency DEPARTMENT OF HOMELAND warrant a major disaster declaration under Management Agency. SECURITY the Robert T. Stafford Disaster Relief and [FR Doc. E9–4511 Filed 3–2–09; 8:45 am] Emergency Assistance Act, 42 U.S.C. 5121– Federal Emergency Management BILLING CODE 9111–23–P 5207 (the Stafford Act). Therefore, I declare Agency that such a major disaster exists in the State of Oklahoma. [Internal Agency Docket No. FEMA–1819– In order to provide Federal assistance, you DEPARTMENT OF HOMELAND DR; Docket ID FEMA–2008–0018] are hereby authorized to allocate from funds SECURITY available for these purposes such amounts as Arkansas; Amendment No. 2 to Notice you find necessary for Federal disaster Federal Emergency Management of a Major Disaster Declaration assistance and administrative expenses. Agency You are authorized to provide Individual AGENCY: Federal Emergency Assistance in the designated areas, Hazard [Internal Agency Docket No. FEMA–1819– Management Agency, DHS. Mitigation throughout the State, and any DR; Docket ID FEMA–2008–0018] ACTION: Notice. other forms of assistance under the Stafford Act that you deem appropriate. Consistent Arkansas; Amendment No. 3 to Notice SUMMARY: This notice amends the notice with the requirement that Federal assistance of a Major Disaster Declaration of a major disaster declaration for the is supplemental, any Federal funds provided State of Arkansas (FEMA–1819–DR), under the Stafford Act for Hazard Mitigation AGENCY: Federal Emergency dated February 6, 2009, and related and Other Needs Assistance will be limited Management Agency, DHS. determinations. to 75 percent of the total eligible costs. If ACTION: Notice. Public Assistance is later requested and DATES: Effective Date: January 30, 2009.

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FOR FURTHER INFORMATION CONTACT: disaster by the President in his magnitude to warrant a major disaster Peggy Miller, Disaster Assistance declaration of February 6, 2009. declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Directorate, Federal Emergency Cleburne, Conway, Crawford, Cross, Management Agency, 500 C Street, SW., Poinsett, and Randolph Counties for Public Act, 42 U.S.C. 5121–5207 (the Stafford Act). Washington, DC 20472, (202) 646–3886. Assistance. Therefore, I declare that such a major disaster exists in the State of Arkansas. SUPPLEMENTARY INFORMATION: Notice is The following Catalog of Federal Domestic In order to provide Federal assistance, you hereby given that the incident period for Assistance Numbers (CFDA) are to be used are hereby authorized to allocate from funds this disaster is closed effective January for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora available for these purposes such amounts as 30, 2009. Brown Fund; 97.032, Crisis Counseling; you find necessary for Federal disaster The following Catalog of Federal Domestic 97.033, Disaster Legal Services; 97.034, assistance and administrative expenses. Assistance Numbers (CFDA) are to be used Disaster Unemployment Assistance (DUA); You are authorized to provide Public for reporting and drawing funds: 97.030, 97.046, Fire Management Assistance Grant; Assistance in the designated areas, and Community Disaster Loans; 97.031, Cora 97.048, Disaster Housing Assistance to Hazard Mitigation throughout the State, and Brown Fund; 97.032, Crisis Counseling; Individuals and Households in Presidentially any other forms of assistance under the 97.033, Disaster Legal Services; 97.034, Declared Disaster Areas; 97.049, Stafford Act that you deem appropriate. Disaster Unemployment Assistance (DUA); Presidentially Declared Disaster Assistance— Direct Federal assistance is authorized. 97.046, Fire Management Assistance Grant; Disaster Housing Operations for Individuals 97.048, Disaster Housing Assistance to and Households; 97.050, Presidentially Consistent with the requirement that Federal Individuals and Households In Presidentially Declared Disaster Assistance to Individuals assistance be supplemental, any Federal Declared Disaster Areas; 97.049, and Households—Other Needs; 97.036, funds provided under the Stafford Act for Presidentially Declared Disaster Assistance— Disaster Grants—Public Assistance Public Assistance and Hazard Mitigation will Disaster Housing Operations for Individuals (Presidentially Declared Disasters); 97.039, be limited to 75 percent of the total eligible and Households; 97.050, Presidentially Hazard Mitigation Grant. costs. If Other Needs Assistance under Declared Disaster Assistance to Individuals Section 408 of the Stafford Act is later and Households—Other Needs; 97.036, Nancy Ward, requested and warranted, Federal funding Disaster Grants—Public Assistance Acting Administrator, Federal Emergency under that program will also be limited to 75 (Presidentially Declared Disasters); 97.039, Management Agency. percent of the total eligible costs. Hazard Mitigation Grant. [FR Doc. E9–4506 Filed 3–2–09; 8:45 am] Further, you are authorized to make Nancy Ward, BILLING CODE 9111–23–P changes to this declaration to the extent allowable under the Stafford Act. Acting Administrator, Federal Emergency Management Agency. DEPARTMENT OF HOMELAND The Federal Emergency Management [FR Doc. E9–4505 Filed 3–2–09; 8:45 am] SECURITY Agency (FEMA) hereby gives notice that BILLING CODE 9111–23–P pursuant to the authority vested in the Federal Emergency Management Administrator, under Executive Order Agency 12148, as amended, W. Michael Moore, DEPARTMENT OF HOMELAND of FEMA is appointed to act as the SECURITY [Internal Agency Docket No. FEMA–1819– DR; Docket ID FEMA–2008–0018] Federal Coordinating Officer for this Federal Emergency Management major disaster. Agency Arkansas; Major Disaster and Related The following areas of the State of Determinations Arkansas have been designated as [Internal Agency Docket No. FEMA–1819– AGENCY: Federal Emergency adversely affected by this major disaster: DR; Docket ID FEMA–2008–0018] Management Agency, DHS. Baxter, Benton, Boone, Carroll, Clay, Arkansas; Amendment No. 1 to Notice ACTION: Notice. Craighead, Franklin, Fulton, Greene, of a Major Disaster Declaration Independence, Izard, Jackson, Johnson, SUMMARY: This is a notice of the Lawrence, Madison, Marion, Mississippi, AGENCY: Federal Emergency Presidential declaration of a major Newton, Searcy, Sharp, Stone, Van Buren, Management Agency, DHS. disaster for the State of Arkansas and Washington Counties for Public (FEMA–1819–DR), dated February 6, Assistance. Direct Federal assistance is ACTION: Notice. 2009, and related determinations. authorized. SUMMARY: This notice amends the notice DATES: Effective Date: February 6, 2009. All counties within the State of Arkansas of a major disaster declaration for the FOR FURTHER INFORMATION CONTACT: are eligible to apply for assistance under the State of Arkansas (FEMA–1819–DR), Peggy Miller, Disaster Assistance Hazard Mitigation Grant Program. dated February 6, 2009, and related Directorate, Federal Emergency The following Catalog of Federal Domestic determinations. Management Agency, 500 C Street, SW., Assistance Numbers (CFDA) are to be used Washington, DC 20472, (202) 646–3886. for reporting and drawing funds: 97.030, DATES: Effective Date: February 11, Community Disaster Loans; 97.031, Cora 2009. SUPPLEMENTARY INFORMATION: Notice is Brown Fund; 97.032, Crisis Counseling; hereby given that, in a letter dated FOR FURTHER INFORMATION CONTACT: 97.033, Disaster Legal Services; 97.034, February 6, 2009, the President issued a Disaster Unemployment Assistance (DUA); Peggy Miller, Disaster Assistance major disaster declaration under the Directorate, Federal Emergency 97.046, Fire Management Assistance Grant; authority of the Robert T. Stafford 97.048, Disaster Housing Assistance to Management Agency, 500 C Street, SW., Disaster Relief and Emergency Individuals and Households in Presidentially Washington, DC 20472, (202) 646–3886. Assistance Act, 42 U.S.C. 5121–5207 Declared Disaster Areas; 97.049, SUPPLEMENTARY INFORMATION: The notice (the Stafford Act), as follows: Presidentially Declared Disaster Assistance— of a major disaster declaration for the I have determined that the damage in Disaster Housing Operations for Individuals State of Arkansas is hereby amended to certain areas of the State of Arkansas and Households; 97.050, Presidentially include the following areas among those resulting from a severe winter storm Declared Disaster Assistance to Individuals areas determined to have been adversely beginning on January 26, 2009, and and Households—Other Needs; 97.036, affected by the event declared a major continuing, is of sufficient severity and Disaster Grants—Public Assistance

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(Presidentially Declared Disasters); 97.039, supplemental, any Federal funds provided (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. under the Stafford Act for Public Assistance Hazard Mitigation Grant. and Hazard Mitigation will be limited to 75 Nancy Ward, Nancy Ward, percent of the total eligible costs. Acting Administrator, Federal Emergency If Other Needs Assistance under Section Acting Administrator, Federal Emergency Management Agency. 408 of the Stafford Act is later requested and Management Agency. [FR Doc. E9–4507 Filed 3–2–09; 8:45 am] warranted, Federal funding under that [FR Doc. E9–4508 Filed 3–2–09; 8:45 am] BILLING CODE 9111–23–P program will also be limited to 75 percent of BILLING CODE 9111–23–P the total eligible costs. Further, you are authorized to make DEPARTMENT OF HOMELAND changes to this declaration to the extent DEPARTMENT OF HOMELAND SECURITY allowable under the Stafford Act. SECURITY Federal Emergency Management The Federal Emergency Management Federal Emergency Management Agency Agency (FEMA) hereby gives notice that Agency [Internal Agency Docket No. FEMA–1818– pursuant to the authority vested in the DR; Docket ID FEMA–2008–0018] Administrator, under Executive Order [Internal Agency Docket No. FEMA–1818– 12148, as amended, Kim R. Kadesch, of DR; Docket ID FEMA–2008–0018] Kentucky; Major Disaster and Related FEMA is appointed to act as the Federal Determinations Coordinating Officer for this major Kentucky; Amendment No. 1 to Notice disaster. AGENCY: Federal Emergency of a Major Disaster Declaration Management Agency, DHS. The following areas of the AGENCY: Federal Emergency ACTION: Notice. Commonwealth of Kentucky have been designated as adversely affected by this Management Agency, DHS. SUMMARY: This is a notice of the major disaster: ACTION: Notice. Presidential declaration of a major Allen, Anderson, Ballard, Barren, Bath, disaster for the Commonwealth of Bourbon, Boyd, Boyle, Breathitt, SUMMARY: This notice amends the notice Kentucky (FEMA–1818–DR), dated Breckinridge, Bracken, Bullitt, Butler, of a major disaster declaration for the February 5, 2009, and related Caldwell, Calloway, Campbell, Carlisle, Commonwealth of Kentucky (FEMA– determinations. Carroll, Carter, Christian, Clark, Clay, 1818–DR), dated February 5, 2009, and DATES: Effective Date: February 5, 2009. Crittenden, Daviess, Edmonson, Elliott, Estill, related determinations. FOR FURTHER INFORMATION CONTACT: Fayette, Fleming, Floyd, Franklin, Fulton, Garrard, Grant, Graves, Grayson, Green, DATES: Effective Date: February 13, Peggy Miller, Disaster Assistance 2009. Directorate, Federal Emergency Greenup, Hardin, Harrison, Hart, Henderson, Hickman, Hopkins, Jackson, Jefferson, Management Agency, 500 C Street, SW., FOR FURTHER INFORMATION CONTACT: Washington, DC 20472, (202) 646–3886. Jessamine, Johnson, Larue, Lawrence, Lee, Peggy Miller, Disaster Assistance Lewis, Lincoln, Livingston, Logan, Lyon, SUPPLEMENTARY INFORMATION: Notice is Directorate, Federal Emergency Madison, Magoffin, Marion, Marshall, hereby given that, in a letter dated Management Agency, 500 C Street, SW., Martin, Mason, McCracken, McLean, Meade, Washington, DC 20472, (202) 646–3886. February 5, 2009, the President issued a Menifee, Mercer, Metcalfe, Montgomery, major disaster declaration under the Morgan, Muhlenberg, Nelson, Nicholas, SUPPLEMENTARY INFORMATION: Notice is authority of the Robert T. Stafford Ohio, Oldham, Owen, Owsley, Perry, Powell, hereby given that the incident period for Disaster Relief and Emergency Pendleton, Robertson, Rockcastle, Rowan, this disaster is closed effective February Assistance Act, 42 U.S.C. 5121–5207 Scott, Shelby, Spencer, Todd, Trigg, Union, 13, 2009. (the Stafford Act), as follows: Warren, Washington, Webster, and Woodford The following Catalog of Federal Domestic I have determined that the damage in Counties for debris removal and emergency Assistance Numbers (CFDA) are to be used certain areas of the Commonwealth of protective measures (Categories A and B), for reporting and drawing funds: 97.030, Kentucky resulting from a severe winter including direct Federal assistance, under the Community Disaster Loans; 97.031, Cora storm and flooding beginning on January 26, Public Assistance program. Brown Fund; 97.032, Crisis Counseling; 2009, and continuing, is of sufficient severity All counties within the Commonwealth of and magnitude to warrant a major disaster 97.033, Disaster Legal Services; 97.034, Kentucky are eligible to apply for assistance declaration under the Robert T. Stafford Disaster Unemployment Assistance (DUA); under the Hazard Mitigation Grant Program. Disaster Relief and Emergency Assistance 97.046, Fire Management Assistance Grant; Act, 42 U.S.C. 5121–5207 (the Stafford Act). The following Catalog of Federal Domestic 97.048, Disaster Housing Assistance to Therefore, I declare that such a major disaster Assistance Numbers (CFDA) are to be used Individuals and Households in Presidentially exists in the Commonwealth of Kentucky. for reporting and drawing funds: 97.030, Declared Disaster Areas; 97.049, In order to provide Federal assistance, you Community Disaster Loans; 97.031, Cora Presidentially Declared Disaster Assistance— are hereby authorized to allocate from funds Brown Fund; 97.032, Crisis Counseling; Disaster Housing Operations for Individuals available for these purposes such amounts as 97.033, Disaster Legal Services; 97.034, and Households; 97.050, Presidentially you find necessary for Federal disaster Disaster Unemployment Assistance (DUA); Declared Disaster Assistance to Individuals assistance and administrative expenses. 97.046, Fire Management Assistance Grant; and Households—Other Needs; 97.036, You are authorized to provide debris 97.048, Disaster Housing Assistance to Disaster Grants—Public Assistance removal and emergency protective measures Individuals and Households in Presidentially (Presidentially Declared Disasters); 97.039, (Categories A and B) under the Public Declared Disaster Areas; 97.049, Hazard Mitigation Grant. Assistance program in the designated areas, Presidentially Declared Disaster Assistance— Hazard Mitigation throughout the Nancy Ward, Commonwealth, and any other forms of Disaster Housing Operations for Individuals Acting Administrator, Federal Emergency assistance under the Stafford Act that you and Households; 97.050, Presidentially Management Agency. deem appropriate. Direct Federal assistance Declared Disaster Assistance to Individuals is authorized. Consistent with the and Households—Other Needs; 97.036, [FR Doc. E9–4518 Filed 3–2–09; 8:45 am] requirement that Federal assistance be Disaster Grants—Public Assistance BILLING CODE 9111–23–P

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DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND pursuant to the authority vested in the SECURITY SECURITY Administrator, under Executive Order 12148, as amended, Terry L. Quarles, of Federal Emergency Management Federal Emergency Management FEMA is appointed to act as the Federal Agency Agency Coordinating Officer for this major [Internal Agency Docket No. FEMA–1821– disaster. [Internal Agency Docket No. FEMA–1822– DR; Docket ID FEMA–2008–0018] The following areas of the State of DR; Docket ID FEMA–2008–0018] Tennessee have been designated as Tennessee; Major Disaster and Related adversely affected by this major disaster: Missouri; Amendment No. 1 to Notice Determinations Dyer, Henry, Lake, Montgomery, Obion, Stewart, and Weakley Counties for Public of a Major Disaster Declaration AGENCY: Federal Emergency Assistance. Management Agency, DHS. AGENCY: Federal Emergency All counties within the State of Tennessee ACTION: Notice. Management Agency, DHS. are eligible to apply for assistance under the Hazard Mitigation Grant Program. SUMMARY: This is a notice of the ACTION: Notice. The following Catalog of Federal Domestic Presidential declaration of a major Assistance Numbers (CFDA) are to be used disaster for the State of Tennessee SUMMARY: This notice amends the notice for reporting and drawing funds: 97.030, (FEMA–1821–DR), dated February 17, of a major disaster declaration for the Community Disaster Loans; 97.031, Cora 2009, and related determinations. Brown Fund; 97.032, Crisis Counseling; State of Missouri (FEMA–1822–DR), DATES: Effective Date: February 17, 97.033, Disaster Legal Services; 97.034, dated February 17, 2009, and related 2009. Disaster Unemployment Assistance (DUA); determinations. 97.046, Fire Management Assistance Grant; FOR FURTHER INFORMATION CONTACT: 97.048, Disaster Housing Assistance to EFFECTIVE DATE: February 24, 2009. Peggy Miller, Disaster Assistance Individuals and Households in Presidentially Directorate, Federal Emergency Declared Disaster Areas; 97.049, FOR FURTHER INFORMATION CONTACT: Management Agency, 500 C Street, SW., Presidentially Declared Disaster Assistance— Peggy Miller, Disaster Assistance Washington, DC 20472, (202) 646–3886. Disaster Housing Operations for Individuals Directorate, Federal Emergency and Households; 97.050, Presidentially SUPPLEMENTARY INFORMATION: Notice is Management Agency, 500 C Street, SW., Declared Disaster Assistance to Individuals hereby given that, in a letter dated Washington, DC 20472, (202) 646–3886. and Households—Other Needs; 97.036, February 17, 2009, the President issued Disaster Grants—Public Assistance SUPPLEMENTARY INFORMATION: The notice a major disaster declaration under the (Presidentially Declared Disasters); 97.039, of a major disaster declaration for the authority of the Robert T. Stafford Hazard Mitigation Grant. Disaster Relief and Emergency State of Missouri is hereby amended to Nancy Ward, include the following area among those Assistance Act, 42 U.S.C. 5121–5207 (the Stafford Act), as follows: Acting Administrator, Federal Emergency areas determined to have been adversely Management Agency. affected by the event declared a major I have determined that the damage in [FR Doc. E9–4512 Filed 3–2–09; 8:45 am] disaster by the President in his certain areas of the State of Tennessee BILLING CODE 9111–23–P declaration of February 17, 2009. resulting from severe winter storms and flooding during the period of January 27–31, Barry County for Public Assistance. 2009, is of sufficient severity and magnitude The following Catalog of Federal Domestic to warrant a major disaster declaration under DEPARTMENT OF HOMELAND Assistance Numbers (CFDA) are to be used the Robert T. Stafford Disaster Relief and SECURITY for reporting and drawing funds: 97.030, Emergency Assistance Act, 42 U.S.C. 5121– Federal Emergency Management Community Disaster Loans; 97.031, Cora 5207 (the Stafford Act). Therefore, I declare Agency Brown Fund; 97.032, Crisis Counseling; that such a major disaster exists in the State of Tennessee. 97.033, Disaster Legal Services; 97.034, [Internal Agency Docket No. FEMA–3302– In order to provide Federal assistance, you EM] Docket ID FEMA–2008–0018] Disaster Unemployment Assistance (DUA); are hereby authorized to allocate from funds 97.046, Fire Management Assistance Grant; available for these purposes such amounts as Kentucky; Amendment No. 2 to Notice 97.048, Disaster Housing Assistance to you find necessary for Federal disaster Individuals and Households in Presidentially assistance and administrative expenses. of an Emergency Declaration Declared Disaster Areas; 97.049, You are authorized to provide Public AGENCY: Federal Emergency Presidentially Declared Disaster Assistance— Assistance in the designated areas, Hazard Management Agency, DHS. Disaster Housing Operations for Individuals Mitigation throughout the State, and any ACTION: Notice. and Households; 97.050, Presidentially other forms of assistance under the Stafford Act that you deem appropriate. Consistent Declared Disaster Assistance to Individuals SUMMARY: This notice amends the notice and Households—Other Needs; 97.036, with the requirement that Federal assistance is supplemental, any Federal funds provided of an emergency declaration for the Disaster Grants—Public Assistance under the Stafford Act for Public Assistance Commonwealth of Kentucky (FEMA– (Presidentially Declared Disasters); 97.039, and Hazard Mitigation will be limited to 75 3302–EM), dated January 28, 2009, and Hazard Mitigation Grant.) percent of the total eligible costs. If Other related determinations. Nancy Ward, Needs Assistance under Section 408 of the DATES: Effective Date: February 12, Stafford Act is later requested and warranted, 2009. Acting Administrator, Federal Emergency Federal funding under that program will also Management Agency. be limited to 75 percent of the total eligible FOR FURTHER INFORMATION CONTACT: [FR Doc. E9–4504 Filed 3–2–09; 8:45 am] costs. Peggy Miller, Disaster Assistance BILLING CODE 9111–23–P Further, you are authorized to make Directorate, Federal Emergency changes to this declaration to the extent Management Agency, 500 C Street, SW., allowable under the Stafford Act. Washington, DC 20472, (202) 646–3886. The Federal Emergency Management SUPPLEMENTARY INFORMATION: The notice Agency (FEMA) hereby gives notice that of an emergency declaration for the

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Commonwealth of Kentucky is hereby Assistance Act, 42 U.S.C. 5121–5207 Declared Disaster Assistance to Individuals amended to include the following areas (the Stafford Act), as follows: and Households—Other Needs; 97.036, Disaster Grants—Public Assistance among those areas determined to have I have determined that the damage in been adversely affected by the event (Presidentially Declared Disasters); 97.039, certain areas of the State of Missouri Hazard Mitigation Grant. declared an emergency by the President resulting from a severe winter storm during in his declaration of January 28, 2009. the period of January 26–28, 2009, is of Nancy Ward, Boone, Casey, Gallatin, Henry, Kenton, sufficient severity and magnitude to warrant Acting Administrator, Federal Emergency Taylor, and Trimble Counties for emergency a major disaster declaration under the Robert Management Agency. protective measures (Category B), limited to T. Stafford Disaster Relief and Emergency [FR Doc. E9–4514 Filed 3–2–09; 8:45 am] Assistance Act, 42 U.S.C. 5121–5207 (the direct Federal assistance, under the Public BILLING CODE 9111–23–P Assistance program. Stafford Act). Therefore, I declare that such The following Catalog of Federal Domestic a major disaster exists in the State of Missouri. Assistance Numbers (CFDA) are to be used DEPARTMENT OF HOMELAND for reporting and drawing funds: 97.030, In order to provide Federal assistance, you Community Disaster Loans; 97.031, Cora are hereby authorized to allocate from funds SECURITY Brown Fund; 97.032, Crisis Counseling; available for these purposes such amounts as 97.033, Disaster Legal Services; 97.034, you find necessary for Federal disaster Federal Emergency Management Disaster Unemployment Assistance (DUA); assistance and administrative expenses. Agency 97.046, Fire Management Assistance Grant; You are authorized to provide Public Assistance in the designated areas, Hazard [Internal Agency Docket No. FEMA–1823– 97.048, Disaster Housing Assistance to DR; Docket ID FEMA–2008–0018] Individuals and Households In Presidentially Mitigation throughout the State, and any Declared Disaster Areas; 97.049, other forms of assistance under the Stafford Act that you deem appropriate. Direct Oklahoma; Major Disaster and Related Presidentially Declared Disaster Assistance— Determinations Disaster Housing Operations for Individuals Federal assistance is authorized. Consistent with the requirement that Federal assistance and Households; 97.050, Presidentially AGENCY: Federal Emergency is supplemental, any Federal funds provided Declared Disaster Assistance to Individuals Management Agency, DHS. and Households—Other Needs; 97.036, under the Stafford Act for Public Assistance ACTION: Disaster Grants—Public Assistance and Hazard Mitigation will be limited to 75 Notice. (Presidentially Declared Disasters); 97.039, percent of the total eligible costs. If Other SUMMARY: This is a notice of the Hazard Mitigation Grant. Needs Assistance under Section 408 of the Stafford Act is later requested and warranted, Presidential declaration of a major Nancy Ward, Federal funding under that program will also disaster for the State of Oklahoma Acting Administrator, Federal Emergency be limited to 75 percent of the total eligible (FEMA–1823–DR), dated February 17, Management Agency. costs. 2009, and related determinations. Further, you are authorized to make [FR Doc. E9–4510 Filed 3–2–09; 8:45 am] DATES: Effective Date: February 17, changes to this declaration to the extent BILLING CODE 9111–23–P allowable under the Stafford Act. 2009. The Federal Emergency Management FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HOMELAND Agency (FEMA) hereby gives notice that Peggy Miller, Disaster Assistance SECURITY pursuant to the authority vested in the Directorate, Federal Emergency Administrator, under Executive Order Management Agency, 500 C Street, SW., Federal Emergency Management 12148, as amended, Thomas A. Hall, of Washington, DC 20472, (202) 646–3886. Agency FEMA is appointed to act as the Federal SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated [Internal Agency Docket No. FEMA–1822– Coordinating Officer for this major DR; Docket ID FEMA–2008–0018] disaster. February 17, 2009, the President issued The following areas of the State of a major disaster declaration under the Missouri; Major Disaster and Related Missouri have been designated as authority of the Robert T. Stafford Determinations adversely affected by this major disaster: Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121–5207 Bollinger, Butler, Cape Girardeau, Carter, AGENCY: Federal Emergency (the Stafford Act), as follows: Management Agency, DHS. Dunklin, Howell, Madison, Mississippi, New Madrid, Oregon, Ozark, Pemiscot, Reynolds, I have determined that the damage in ACTION: Notice. Ripley, Scott, Shannon, Stoddard, Stone, certain areas of the State of Oklahoma Taney, and Wayne Counties for Public resulting from a severe winter storm during SUMMARY: This is a notice of the Assistance, including direct Federal the period of January 26–28, 2009, is of Presidential declaration of a major assistance. sufficient severity and magnitude to warrant disaster for the State of Missouri All counties and the Independent City of a major disaster declaration under the Robert (FEMA–1822–DR), dated February 17, St. Louis in the State of Missouri are eligible T. Stafford Disaster Relief and Emergency 2009, and related determinations. to apply for assistance under the Hazard Assistance Act, 42 U.S.C. 5121–5207 (the DATES: Effective Date: February 17, Mitigation Grant Program. Stafford Act). Therefore, I declare that such 2009. The following Catalog of Federal Domestic a major disaster exists in the State of Assistance Numbers (CFDA) are to be used Oklahoma. FOR FURTHER INFORMATION CONTACT: for reporting and drawing funds: 97.030, In order to provide Federal assistance, you Peggy Miller, Disaster Assistance Community Disaster Loans; 97.031, Cora are hereby authorized to allocate from funds Directorate, Federal Emergency Brown Fund; 97.032, Crisis Counseling; available for these purposes such amounts as Management Agency, 500 C Street, SW., 97.033, Disaster Legal Services; 97.034, you find necessary for Federal disaster Washington, DC 20472, (202) 646–3886. Disaster Unemployment Assistance (DUA); assistance and administrative expenses. 97.046, Fire Management Assistance Grant; You are authorized to provide Public SUPPLEMENTARY INFORMATION: Notice is 97.048, Disaster Housing Assistance to Assistance in the designated areas, Hazard hereby given that, in a letter dated Individuals and Households In Presidentially Mitigation throughout the State, and any February 17, 2009, the President issued Declared Disaster Areas; 97.049, other forms of assistance under the Stafford a major disaster declaration under the Presidentially Declared Disaster Assistance— Act that you deem appropriate. Consistent authority of the Robert T. Stafford Disaster Housing Operations for Individuals with the requirement that Federal assistance Disaster Relief and Emergency and Households; 97.050, Presidentially is supplemental, any Federal funds provided

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under the Stafford Act for Public Assistance are in the vicinity of Point Lay, Alaska, DATES: All nominations should be and Hazard Mitigation will be limited to 75 and are located in: postmarked by 30 days from date of percent of the total eligible costs. If Other publication in the Federal Register. Needs Assistance under Section 408 of the Umiat Meridian, Alaska Final appointments will be made by the Stafford Act is later requested and warranted, Federal funding under that program will also T. 3 S., R. 44 W., Secretary of the Interior. Secs. 1 to 8, inclusive. be limited to 75 percent of the total eligible ADDRESSES: Nominations should be sent costs. Containing approximately 5,064 acres. to Mr. David Crowley, PAWG Further, you are authorized to make The subsurface estate in these lands Designated Federal Officer, Bureau of changes to this declaration to the extent will be conveyed to Arctic Slope Land Management, Pinedale Field allowable under the Stafford Act. Regional Corporation when the surface Office, 1625 West Pine Street, P.O. Box The Federal Emergency Management estate is conveyed to Cully Corporation. 768, Pinedale, Wyoming 82941, or via e- Agency (FEMA) hereby gives notice that Notice of the decision will also be mail to [email protected]. pursuant to the authority vested in the published four times in The Arctic SUMMARY: There is currently one Administrator, under Executive Order Sounder. vacancy on the PAWG for which 12148, as amended, Douglas G. Mayne, DATES: The time limits for filing an nominations are being solicited: A of FEMA is appointed to act as the appeal are: representative of the public-at-large. Federal Coordinating Officer for this 1. Any party claiming a property Individuals or groups who wish to major disaster. interest which is adversely affected by submit a nomination or who are The following areas of the State of the decision shall have until April 2, interested in becoming a member of the Oklahoma have been designated as 2009 to file an appeal. PAWG must submit the required adversely affected by this major disaster: 2. Parties receiving service of the information within 30 days of this Adair, Cherokee, Delaware, and Hughes decision by certified mail shall have 30 Notice. Requisite nomination Counties for Public Assistance. days from the date of receipt to file an information is listed below, or All counties within the State of Oklahoma appeal. nomination forms may be found at: are eligible to apply for assistance under the Parties who do not file an appeal in http://www.blm.gov/wy/st/en/ Hazard Mitigation Grant Program. accordance with the requirements of 43 field_offices/Pinedale/pawg.html. The following Catalog of Federal Domestic CFR Part 4, Subpart E, shall be deemed Assistance Numbers (CFDA) are to be used FOR FURTHER INFORMATION CONTACT: Mr. for reporting and drawing funds: 97.030, to have waived their rights. David Crowley, PAWG Designated Community Disaster Loans; 97.031, Cora ADDRESSES: A copy of the decision may Federal Officer, Bureau of Land Brown Fund; 97.032, Crisis Counseling; be obtained from: Bureau of Land Management, Pinedale Field Office, 97.033, Disaster Legal Services; 97.034, Management, Alaska State Office, 222 1625 West Pine Street, P.O. Box 768, Disaster Unemployment Assistance (DUA); West Seventh Avenue, #13, Anchorage, Pinedale, Wyoming 82941, telephone: 97.046, Fire Management Assistance Grant; Alaska 99513–7504. (307) 367–5323, e-mail: 97.048, Disaster Housing Assistance to FOR FURTHER INFORMATION CONTACT: _ Individuals and Households In Presidentially The dave [email protected]. Bureau of Land Management by phone Declared Disaster Areas; 97.049, SUPPLEMENTARY INFORMATION: The Presidentially Declared Disaster Assistance— at 907–271–5960, or by e-mail at [email protected]. Persons Pinedale Anticline Working Group Disaster Housing Operations for Individuals (PAWG) is a Federal Advisory and Households; 97.050, Presidentially who use a telecommunication device Declared Disaster Assistance to Individuals (TTD) may call the Federal Information Committee that advises the BLM on the and Households—Other Needs; 97.036, Relay Service (FIRS) at 1–800–877– development and implementation of Disaster Grants—Public Assistance 8330, 24 hours a day, seven days a monitoring plans and adaptive (Presidentially Declared Disasters); 97.039, week, to contact the Bureau of Land management decisions as development Hazard Mitigation Grant. Management. of the Pinedale Anticline Natural Gas Field proceeds. PAWG members are Nancy Ward, Hillary Woods, expected to attend the scheduled PAWG Acting Administrator, Federal Emergency Land Law Examiner, Land Transfer meetings and provide input to the Management Agency. Adjudication I. Bureau of Land Management on the [FR Doc. E9–4517 Filed 3–2–09; 8:45 am] [FR Doc. E9–4432 Filed 3–2–09; 8:45 am] development of adaptive management BILLING CODE 9111–23–P BILLING CODE 4310–JA–P recommendations related to the Pinedale Anticline Oil and Gas Exploration and Development Project. DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR Members shall be reimbursed for travel and per diem expenses related to the Bureau of Land Management Bureau of Land Management PAWG. Additional information, [F–14922–B; AK–964–1410–KC–P] [WY–100–08–1310–NB] including meeting minutes and agendas, previous adaptive management Alaska Native Claims Selection Call for Public-at-Large Nominations to recommendations, current membership the Pinedale Anticline Working Group AGENCY: Bureau of Land Management, details, and nomination forms, can be found at: http://www.blm.gov/wy/st/en/ Interior. AGENCY: Bureau of Land Management, field_offices/Pinedale/pawg.html. ACTION: Notice of decision approving Interior. On June 25, 2008, the Secretary of the lands for conveyance. ACTION: Call for nominations to fill one Interior renewed the PAWG Charter. vacant public-at-large seat on the SUMMARY: As required by 43 CFR The charter established several Pinedale Anticline Working Group 2650.7(d), notice is hereby given that an membership selection criteria and (PAWG) as part of the adaptive appealable decision approving lands for operational procedures that were management program for the Pinedale conveyance pursuant to the Alaska developed when the Working Group Anticline Project Area in Southwestern Native Claims Settlement Act will be became active. These are listed as Wyoming. issued to Cully Corporation. The lands follows:

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1. The PAWG is composed of nine 15. Nominated by: Include • The increased rental of $10 per members who reside in the State of Nominator’s name, address, and acre; Wyoming. The PAWG members will be telephone numbers (if not self- • The increased royalty of 162⁄3 appointed by and serve at the pleasure nominated). percent or 4 percentages above the of the Secretary of the Interior. 16. Date of Nomination. existing competitive royalty rate; and 2. All members should have a Groups should nominate more than • The $163 cost of publishing this demonstrated ability to analyze and one person and indicate their preferred Notice. interpret data and information, evaluate order of appointment selection. FOR FURTHER INFORMATION CONTACT: Teri proposals, identify problems, and Before including your address, phone Bakken, Chief, Fluids Adjudication promote the use of collaborative number, e-mail address, or other Section, BLM Montana State Office, management techniques (such as long- personal identifying information in your 5001 Southgate Drive, Billings, Montana term planning, management across comment, you should be aware that 59101–4669, 406–896–5091. jurisdictional boundaries, data sharing, your entire comment or nomination— Dated: February 25, 2009. information exchange, and including your personal identifying Teri Bakken, partnerships), and a knowledge of issues information—may be made publicly Chief, Fluids Adjudication Section. involving oil and gas development available at any time. While you can ask activities. us in your nomination or comment to [FR Doc. E9–4434 Filed 3–2–09; 8:45 am] 3. The service of the PAWG members withhold your personal identifying BILLING CODE 4310–$$–P shall be as follows: information from public review, we a. PAWG members will be appointed cannot guarantee that we will be able to DEPARTMENT OF THE INTERIOR to 2-year terms, subject to removal by do so. the Secretary of the Interior. At the discretion of the Secretary of the Dated: February 19, 2009. Bureau of Land Management Interior, members may be reappointed Donald A. Simpson, [LLMT922200–09–L13100000–FI0000– to additional terms. State Director. P;NDM 90948] b. The Chairperson of the PAWG will [FR Doc. E9–4377 Filed 3–2–09; 8:45 am] be selected by the PAWG. BILLING CODE 4310–22–P Notice of Proposed Reinstatement of c. The term of the Chairperson will Terminated Oil and Gas Lease; NDM not exceed 2 years. 90948 Individuals, or representatives of DEPARTMENT OF THE INTERIOR AGENCY: Bureau of Land Management, groups, who wish to become a member Interior. of the Pinedale Anticline Working Bureau of Land Management ACTION: Notice. Group should complete and submit the [LLMT922200–09–L13100000–FI0000– following information to this office P;NDM 90111] SUMMARY: Per 30 U.S.C. 188(d), Whiting within 30 days after publication in the Oil and Gas Corporation, Encore Federal Register: Notice of Proposed Reinstatement of Operating, LP, Upton Resources U.S.A., 1. Representative Group To Be Terminated Oil and Gas Lease NDM Inc., Northern Energy Corporation, and Considered for: Public-at-Large. 90111 W.H. Champion timely filed a petition 2. Nominee’s Full Name. for reinstatement of oil and gas lease 3. Business Address. AGENCY: Bureau of Land Management, NDM 90948, Billings County, North 4. Business Phone. Interior. Dakota. The lessees paid the required 5. Home Address. ACTION: Notice. 6. Home Phone. rental accruing from the date of termination. 7. Occupation/Title. SUMMARY: Per 30 U.S.C. 188(d), Whiting 8. Qualifications (education, No leases were issued that affect these Oil and Gas Corporation, True Oil LLC, lands. The lessees agree to new lease including colleges, degrees, major fields and Williams Production Rocky of study and/or training). terms for rentals and royalties of $10 per Mountain Company timely filed a 2 9. Career Highlights (significant acre and 16 ⁄3 percent or 4 percentages petition for reinstatement of oil and gas related experience, civic and above the existing competitive royalty lease NDM 90111, Billings County, professional activities, elected offices, rate. The lessees paid the $500 prior advisory committee experience, or North Dakota. The lessees paid the administration fee for the reinstatement career achievements related to the required rental accruing from the date of of the lease and $163 cost for publishing interest to be represented). termination. this Notice. 10. Experience in collaborative No leases were issued that affect these The lessees met the requirements for management techniques, such as long- lands. The lessees agree to new lease reinstatement of the lease per Sec. 31(d) term planning, management across terms for rentals and royalties of $10 per and (e) of the Mineral Leasing Act of 2 jurisdictional boundaries, data sharing, acre and 16 ⁄3 percent or 4 percentages 1920 (30 U.S.C. 188). We are proposing information exchange, and partnerships. above the existing competitive royalty to reinstate the lease, effective the date 11. Experience in data analysis and rate. The lessees paid the $500 of termination subject to: • interpretation, problem identification, administration fee for the reinstatement The original terms and conditions of the lease and $163 cost for publishing of the lease; and evaluation of proposals. • 12. Knowledge of issues involving oil this Notice. The increased rental of $10 per and gas development. The lessees met the requirements for acre; • 2 13. List any leases, licenses, permits, reinstatement of the lease per Sec. 31(d) The increased royalty of 16 ⁄3 contracts, or claims held by the and (e) of the Mineral Leasing Act of percent or 4 percentages above the 1920 (30 U.S.C. 188). We are proposing existing competitive royalty rate; and Nominee that involve lands or resources • administered by the BLM. to reinstate the lease, effective the date The $163 cost of publishing this 14. Attach two or three Letters of of termination subject to: Notice. Reference from interests or organization • The original terms and conditions FOR FURTHER INFORMATION CONTACT: Teri to be represented. of the lease; Bakken, Chief, Fluids Adjudication

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Section, BLM Montana State Office, of the United States 18 years of age or accordance with Section 209 of the 5001 Southgate Drive, Billings, Montana older; (2) corporations subject to the Federal Land Policy and Management 59101–4669, 406–896–5091. laws of any State or of the United States; Act of 1976 (43 U.S.C. 1719). Dated: February 25, 2009. (3) other entities such as an association On March 3, 2009, the above described lands will be segregated from Teri Bakken, or a partnership capable of holding land or an interest therein under the laws of appropriation under the public land Chief, Fluids Adjudication Section. the State within which the land is laws, including the mining laws, except [FR Doc. E9–4435 Filed 3–2–09; 8:45 am] located; or (4) a State, State the sale provisions of the Federal Land BILLING CODE 4310–$$–P instrumentality or political subdivision Policy and Management Act of 1976 (43 authorized to hold property. U.S.C. 1713). Until completion of the Certifications and evidence to this effect sale, the Bureau of Land Management is DEPARTMENT OF THE INTERIOR will be required of the purchaser prior no longer accepting land use Bureau of Land Management to issuance of a patent. applications affecting the identified The following rights, reservations, public lands, except applications for the [LLOR015000 L14300000 EU0000; OR– and conditions will be included in the amendment of previously filed right-of- 65259; HAG–09–0086] patent that may be issued for the above way applications or existing described parcel of land: authorizations to increase the term of Proposed Sale of Public Lands, 1. A reservation to the United States existing grants in accordance with 43 Oregon for a right-of-way for ditches and canals CFR 2807.15 and 2886.15. The effect of AGENCY: Bureau of Land Management constructed by the authority of the segregation will terminate upon (BLM), Lakeview District, Oregon. United States. Act of August 30, 1890 issuance of a patent, upon publication ACTION: Notice of realty action. (43 U.S.C. 945). in the Federal Register of a termination 2. A reservation to the United States of the segregation, or March 3, 2011, SUMMARY: This notice announces the for all leasable minerals including oil, unless extended by the Bureau of Land sale of one parcel of public land totaling gas and geothermal resources in the Management, State Director, in 40 acres in Lake County, Oregon, by land in accordance with Section 209 of accordance with 43 CFR 2711.1–2(d) direct sale procedures and at not less the Federal Land Policy and prior to the termination date. than appraised market value. The parcel Management Act of 1976 (43 U.S.C. The Shuffields will be allowed 30 proposed for sale is identified as 1719). days from receipt of a written offer to suitable for disposal in the Lakeview 3. The patent will include a notice submit either full payment or at least 20 Resource Management Plan and Record and indemnification statement under percent of the appraised value of the of Decision dated November 2003, as the Comprehensive Environmental parcel and within 180 days, thereafter, amended. Response, Compensation and Liability submit the balance. If the balance of the ADDRESSES: Address all written Act. The parcel is subject to the purchase price in not received within comments to Thomas E. Rasmussen, requirements of section 120(h) (42 the 180 days, the deposit will be Field Manager, Lakeview Resource Area U.S.C. Section 9620) holding the United forfeited to the United States and the Office, 1301 South G Street, Lakeview, States harmless from any release of parcel withdrawn from sale. Oregon 97630. Comments submitted hazardous materials that may have Public Comments: On or before April verbally or in electronic format will not occurred as a result of the unauthorized 17, 2009, any person may submit be accepted. use of the property by other parties. No written comments regarding the proposed sale to the Bureau of Land SUPPLEMENTARY INFORMATION: The Warranty of any kind, express or following described public land in Lake implied, is given by the United States as Management, Lakeview Resource Area County, Oregon, has been examined and to the title, physical condition or Office, 1301 South G Street, Lakeview, found suitable for sale under Sections potential uses of the parcel of land Oregon 97630. Comments, including names, street 203 and 209 of the Federal Land Policy proposed for sale. addresses, and other contact Act of 1976 (43 U.S.C. 1713 and 1719). 4. Subject to such rights as Lake County or its successors in interest may information of respondents, will be Willamette Meridian, Oregon have for roadway purposes pursuant to available for public review. Individual T.29S., R.17E., right-of-way, OR 49313. respondents may request Section 24: NW1⁄4NW1⁄4. 5. Subject to such rights as CenturyTel confidentiality. If you wish to request The area described contains 40 acres and of Eastern Oregon or its successors in that the Bureau of Land Management will be sold by direct sale to Ernest and Dixie interest may have for buried telephone consider withholding your name, street Shuffield at not less than the appraised cable purposes pursuant to right-of-way, address, and other contact information market value of $30,000. OR 45023. (such as Internet address, FAX or phone In accordance with 43 CFR 2711.3– 6. The parcel is subject to valid number) from public review or from 3(a)(5), direct sale procedures are existing rights. disclosure under the Freedom of appropriate to resolve inadvertent The mineral interests being offered for Information Act, you must state this unauthorized use or occupancy of the conveyance have no known mineral prominently at the beginning of your land. Currently, portions of the sale value. Consent to purchase constitutes comment. The Bureau of Land parcel are being used in conjunction an application for conveyance of the Management will honor requests for with the Shuffield residence as a fenced mineral interests. In addition to the full confidentiality on a case-by-case basis to storage area and are under cultivation purchase price, the Shuffields must the extent allowed by law. The Bureau for alfalfa hay. All improvements to the submit a nonrefundable filing fee of $50 of Land Management will make parcel were constructed/developed for purchase of the mineral interests to available for public inspection in their either by the Shuffields or their be conveyed simultaneously with the entirety all submissions from predecessors and have encumbered the sale of the land with the exception of all organizations or businesses, and from sale parcel for over 50 years. leasable minerals, including oil, gas and individuals identifying themselves as Federal law requires that public land geothermal resources, which will be representatives or officials of may be sold only to either (1) Citizens reserved to the United States in organizations or businesses.

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Detailed information concerning the considered for direct sale under the including your address, phone number, sale, including the appraisal, planning authority of Section 203 of the Federal e-mail address, or other personal and environmental documents, and Land Policy and Management Act of identifying information in your mineral report is available for review at 1976, (90 Stat. 2750, 43 U.S.C. 1713): comments, you should be aware that the Bureau of Land Management, your entire comment—including your Lakeview Resource Area Office, 1301 Boise Meridian personal identifying information—may South G Street, Lakeview, Oregon T. 3 N., R. 41 E., be made publicly available at any time. 97630, during business hours. Section 34, SW1⁄4SE1⁄4. While you can ask us in your comment Objections will be reviewed by the The area described contains 40 acres in to withhold your personal identifying Bureau of Land Management, Lakeview Bonneville County. information from public review, we District Manager who may sustain, The 1985 BLM Medicine Lodge cannot guarantee that we will be able to vacate, or modify this realty action. In Resource Management Plan identifies do so. If you wish to have your name or the absence of any objections, this this parcel of public land as suitable for address withheld from public disclosure proposal will become the final disposal through sale or exchange. under the Freedom of Information Act, determination of the Department of the Conveyance of the identified public you must state this prominently at the Interior. land will be subject to valid existing beginning of your comments. Any (Authority: 43 CFR 2711.1–2). rights and encumbrances of record, determination by the BLM to release or including but not limited to, rights-of- withhold the names and/or addresses of FOR FURTHER INFORMATION CONTACT: Dan way for roads and public utilities. those who comment will be made on a Stewardson, Realty Specialist, at the Conveyance of any mineral interests case-by-case basis. Such requests will be Lakeview Resource Area Office, 1301 pursuant to Section 209 of the FLPMA honored to the extent allowed by law. South G Street, Lakeview, Oregon 97630 will be analyzed during processing of The BLM will make available for public or phone (541) 947–6115. the proposed sale. review, in their entirety, all comments Dated: February 11, 2009. On March 3, 2009, the above- submitted by businesses or Thomas E. Rasmussen, described land will be segregated from organizations, including comments by Field Manager, Lakeview Resource Area. appropriation under the public land individuals in their capacity as an official or representative of a business or [FR Doc. E9–4494 Filed 3–2–09; 8:45 am] laws, including the mining laws, except organization. BILLING CODE 4310–33–P the sale provisions of the FLPMA. Until completion of the sale, the BLM is no (Authority: 43 CFR 2711.1–2) longer accepting land use applications Dated: February 6, 2009. DEPARTMENT OF THE INTERIOR affecting the identified public land, Wendy Reynolds, except applications for the amendment Upper Snake Field Manager. Bureau of Land Management of previously filed right-of-way applications or existing authorizations [FR Doc. E9–4487 Filed 3–2–09; 8:45 am] [LLIDI01000–L143000000.EU0000; IDI– BILLING CODE 4310–$$–P 36180] to increase the term of the grants in accordance with 43 CFR 2807.15 and Notice of Realty Action; Proposed 2886.15. The segregative effect will DEPARTMENT OF THE INTERIOR Direct Sale of Public Land, Idaho terminate upon issuance of a patent, publication in the Federal Register of a Bureau of Land Management AGENCY: Bureau of Land Management, termination of the segregation, or March Interior. 3, 2011, unless extended by the BLM [LLAKA01300–14300000.ER0000; AA– 091143] ACTION: Notice of realty action. State Director in accordance with 43 CFR 2711.1–2(d) prior to the Notice of Realty Action: Recreation SUMMARY: An isolated parcel of public termination date. land totaling 40 acres in Bonneville and Public Purposes Lease, County, Idaho, is being considered for Public Comments Anchorage, AL direct sale under the provisions of the For a period until April 17, 2009, AGENCY: Bureau of Land Management, Federal Land Policy Management Act of interested parties and the general public DOI. 1976 (FLPMA), at no less than the may submit in writing any comments ACTION: Notice of realty action. appraised fair market value. concerning the land being considered DATES: In order to ensure consideration for sale, including notification of any SUMMARY: This Notice of Realty Action in the environmental analysis of the encumbrances or other claims relating is being issued in response to a proposed sale, comments must be to the identified land, to the Field Recreation and Public Purposes (R&PP) received by April 17, 2009. Manager, BLM Upper Snake Field lease application received from the State of Alaska, Department of Fish and Game ADDRESSES: Address all comments Office, at the above address. In order to concerning this Notice to Field ensure consideration in the (ADF&G), Division of Sport Fisheries. Manager, Bureau of Land Management environmental analysis of the proposed ADF&G is proposing to construct a new (BLM), Upper Snake Field Office, 1405 sale, comments must be in writing and fish hatchery on approximately 15 acres Hollipark Drive, Idaho Falls, Idaho postmarked or delivered within 45 days of public lands, in Anchorage, Alaska. 83401. of the initial date of publication of this DATES: Interested parties may submit Notice. Comments transmitted via e- comments regarding the ADF&G R&PP FOR FURTHER INFORMATION CONTACT: mail will not be accepted. Comments, fish hatchery lease application until Becky Lazdauskas, Realty Specialist, at including names and street addresses of April 17, 2009. the above address or phone (208) 524– respondents, will be available for public ADDRESSES: Documents pertaining to 7521. review at the BLM Upper Snake Field this proposal may be obtained from: SUPPLEMENTARY INFORMATION: The Office during regular business hours, Bureau of Land Management, following-described public land in except holidays. Individual respondents Anchorage Field Office, 4700 BLM Bonneville County, Idaho, is being may request confidentiality. Before Road, Anchorage, Alaska 99507.

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FOR FURTHER INFORMATION CONTACT: Resource Management Plan (RMP) dated Dated: February 17, 2009. Realty Specialist Harrison Griffin by March 21, 2008. The RMP has been Teresa McPherson, phone at (907) 267–1246 or (800) 478– reviewed and it has been determined Acting Anchorage Field Manager. 1263, or by e-mail at [email protected]. the proposed action is in conformance [FR Doc. E9–4488 Filed 3–2–09; 8:45 am] SUPPLEMENTARY INFORMATION: ADF&G is with the land use plan decision I.2.d. BILLING CODE 4310–JA–P currently authorized to operate and The lease will be subject to the maintain a fish hatchery and associated provisions of the R&PP Act, terms of the facilities within the proposed lease area. military withdrawal outlined in PLO DEPARTMENT OF THE INTERIOR The new lease would replace the 2676, 43 CFR 2912, all valid and Bureau of Land Management current R&PP lease AA–9596, FLPMA existing rights, and any applicable right-of-way AA–85927, and encompass regulations set forth by the Secretary of [NM 121884 LLNMF02000 approximately 9 acres of new the Interior. On April 17, 2009, the L14300000.EU0000] development. The Bureau of Land above described land will be segregated Notice of Realty Action, Sale of Public Management (BLM) will review from all other forms of appropriation Land ADF&G’s application prior to under the public land laws. The lands considering a 25-year R&PP lease for the within this R&PP lease will not be AGENCY: Bureau of Land Management, hatchery. The Department of Fish and subject to conveyance at any time. Interior. Game would ultimately be responsible However, the lease term may be for the maintenance and operation of ACTION: Notice of realty action. renewed upon review and approval. the proposed hatchery for the term of SUMMARY: The Bureau of Land Classification Comments: Interested the lease. Management (BLM) proposes a direct parties may submit comments involving In response to the Recreation and (non-competitive) sale of a parcel of the suitability of the land for R&PP sites. Public Purposes (R&PP) lease public land, containing 0.27 acres Comments on the classification are application submitted by the Alaska located in Rio Arriba County, New restricted to whether the land is Department of Fish and Game (ADF&G), Mexico. The described public land has Sport Fisheries, to the BLM Anchorage physically suited for the proposal, been examined, and through the public- Field Office on February 2, 2009, the whether the use will maximize the supported land use planning process, BLM has examined and found the future use or uses of the land, whether has been determined to be suitable for requested parcel suitable for the use is consistent with local planning disposal by direct sale pursuant to classification for lease, but not and zoning, or if the use is consistent Section 203 of the Federal Land Policy conveyance, under the provisions of the with State and Federal programs. and Management Act of 1976 (90 Stat. R&PP Act, as amended (43 U.S.C. 869 et Application Comments: Comments, 2750, 43 U.S.C. 1713), as amended, at seq.), 43 CFR 2912 and Public Land including names and addresses of no less than the appraised fair market Order (PLO) 2676. This parcel of land respondents, will be available for public value. This sale will resolve an lies within the Municipality of review. Interested parties may submit inadvertent trespass on public land. An Anchorage, on Elmendorf Air Force comments regarding the specific use appraisal of the subject parcel’s fair Base along Ship Creek, and described proposed in the applications and plans market value is being prepared, and below: of development, whether the BLM when completed, will be available for A parcel of land located within SW followed proper administrative review at the BLM’s Taos Field Office, 1 1 ⁄4, SW ⁄4 section 9, T. 13 N., R. 3 W., procedures in reaching the decision to 226 Cruz Alta Road, Taos, New Mexico Seward Meridian, Anchorage Recording lease under the R&PP Act or any other 87571. Upon the completion and District, Municipality of Anchorage, factor not directly related to the approval of the appraisal report, a Third Judicial District, State of Alaska, suitability of the lands for public school subsequent notice will be published in containing 14.76 acres, more or less. sites. Facsimiles, telephone calls, and the local newspaper specifying the fair An Environmental Assessment (EA) electronic mails are unacceptable means market value. has been prepared outlining ADF&G’s of notification. Before including your DATES: Interested parties may submit plan of development, subsequent address, phone number, e-mail address, comments to the BLM Taos Field Office monitoring, and daily operation of the or other personal identifying Manager at the above address. proposed facility. This plan may be information in your comment, you Comments must be received by no later viewed at the BLM Anchorage Field should be aware that your entire than April 17, 2009. The land will not Office. As described within the EA, the comment—including your personal be offered for sale until at least May 4, proposed hatchery would be identifying information—may be made 2009. constructed adjacent to and include the publicly available at any time. While existing facility, currently operating ADDRESSES: Address all written you can ask us in your comment to under a valid and existing R&PP lease comments concerning this Notice to withhold your personal identifying and right-of-way. BLM has reviewed the Sam DesGeorges, Taos Field Office information from public review, we EA, found it to be legally sufficient, and Manager, 226 Cruz Alta Road, Taos, cannot guarantee that we will be able to issued a Finding of No Significant New Mexico 87571. do so. Any adverse comments will be Impact (FONSI) on February 11, 2009. FOR FURTHER INFORMATION CONTACT: reviewed by the BLM Alaska State Comments submitted to the Francina Martinez, Realty Specialist, at Anchorage Field Office regarding Director who may sustain, vacate, or the above address or at (575) 758–8851. modify this realty action. In the absence ADF&G’s application must include a SUPPLEMENTARY INFORMATION: The reference to this notice. The BLM will of any adverse comments, the following described public land in Rio make a final determination after classification will become effective on Arriba County, New Mexico, has been completing a thorough review of the April 17, 2009. The land will not be determined to be suitable for sale at not application. The lands are not required available for lease until after the less than fair market value under for any federal purpose. The lease is in classification becomes effective. Section 203 of the Federal Land Policy conformance with the BLM Ring of Fire (Authority: 43 CFR 2741.5) and Management Act of 1976, as

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amended (90 Stat. 2750, 43 U.S.C. 1713) Authority: 43 CFR 2710, subpart 2711–3– Wildlife Service, to purchase lands and 43 Code of Federal Regulations 3(a)(5). located within federally designated 2711.3–3(a)(5). The proposed sale Sam DesGeorges, areas or with higher resources from willing sellers. would resolve the inadvertent trespass Taos Field Manager. upon the land. It has been determined It has been determined that the [FR Doc. E9–4472 Filed 3–2–09; 8:45 am] subject parcel contains no known that resource values will not be affected BILLING CODE 4310–OW–P by the disposal of this parcel of public mineral values; therefore, mineral land. interests will be conveyed simultaneously. The patent, when DEPARTMENT OF THE INTERIOR The parcel is described as: issued, will contain a right-of-way New Mexico Principal Meridian Bureau of Land Management thereon for all ditches and canals constructed by the authority of the T. 23 N., R. 10 E., [LLIDT03000–L14300000.EU0000; IDI– United States under the Act of August Sec. 28, lot 147. 35159] 30, 1890, 43 U.S.C. 945. The area described contains 0.27 acres, On March 3, 2009 the above-described more or less, in Rio Arriba County. Notice of Realty Action; Proposed Sale land will be segregated from of Public Land, Idaho appropriation under the public land The patent, when issued, will contain AGENCY: Bureau of Land Management, laws, including the mining laws, except a reservation to the United States for the sale provisions of the FLPMA. Until ditches and canals under the Act of Interior. ACTION: Notice of realty action. completion of the sale, the BLM is no March 30, 1890 and a reservation for all longer accepting land use applications minerals. The parcel is being offered by SUMMARY: A parcel of public land affecting the identified public land, direct sale to Mr. Frank Rendon of Rio totaling 1.62 acres in Blaine County, except applications for the amendment Arriba County New Mexico, based on Idaho, has been found suitable for direct of previously-filed right-of-way historic use and added improvements. sale under the provisions of the Federal applications or existing authorizations The parcel has been used as a portion Land Policy Management Act of 1976 to increase the term of the grants in of the residence. Failure or refusal by (FLPMA), at no less than the appraised accordance with 43 CFR 2807.15 and Frank Rendon to submit the required fair market value. 2886.15. The segregative effect will fair market appraisal amount within 180 DATES: The land will not be offered for terminate upon issuance of a patent, days of the sale of the land will sale until at least 60 days after the date publication in the Federal Register of a constitute a waiver of this preference of this notice. Until April 17, 2009 termination of the segregation, or March consideration. interested parties may submit 3, 2011 unless extended by the BLM comments. State Director in accordance with 43 Upon publication of this Notice in the CFR 2711.1–2(d) prior to the ADDRESSES: Federal Register, the land described Address all comments termination date. above will be segregated from concerning this Notice to Tara Hagen, Public Comments: For a period until appropriation under the public land Realty Specialist, Bureau of Land April 17, 2009, interested parties and laws, including the General Mining Management (BLM), Shoshone Field the general public may submit Laws. The segregation will end upon Office, 400 West F Street, Shoshone, comments to Tara Hagen, Realty issuance of the patent or 270 days from Idaho 83352. Specialist, at the BLM Shoshone Field the date of publication, whichever FOR FURTHER INFORMATION CONTACT: Tara Office at the address listed above. In the occurs first. Hagen, Realty Specialist, at the above absence of timely objections, this address or phone at (208) 732–7205. Comments must be received by the proposal shall become the final SUPPLEMENTARY INFORMATION: BLM Taos Field Manager, Taos Field The determination of the Department of the following described public land in Interior. Comments transmitted via e- Office, at the address stated above, on or Blaine County, Idaho, has been found mail will not be accepted. Comments, before the date stated above. Only suitable for disposal by direct sale to including names and street addresses of written comments will be accepted. Helios Development, LLC, under the respondents, will be available for public Before including your address, phone authority of Sections 203 and 209 of the review at the BLM Shoshone Field number, e-mail address, or other FLPMA: Office during regular business hours, personal identifying information in your except holidays. Individual respondents Boise Meridian comments, you should be aware that may request confidentiality. Before your entire comments—including your T. 4 N., R. 17 E., including your address, phone number, personal identifying information—may Section 13: Lot 5. e-mail address, or other personal be made publicly available at any time. The area described contains 1.62 acres in identifying information in your While you can ask us in your comments Blaine County. comment, you should be aware that to withhold your personal identifying The 1981 BLM Sun Valley Framework your entire comment—including your information from public review, we Management Plan (MFP) had identified personal identifying information—may cannot guarantee that we will be able to this parcel for potential disposal; thus be made publicly available at any time. do so. Any adverse comments will be allowing it to qualify for disposal under While you can ask us in your comment reviewed by the Taos Field Manager, the Federal Land Transaction to withhold your personal identifying who may sustain, vacate, or modify this Facilitation Act (FLTFA). The FLTFA information from public review, we realty action. In the absence of any directs the revenues generated from the cannot guarantee that we will be able to objects, or adverse comments, this sale or disposal of lands identified for do so. If you wish to have your name or proposed realty action will become final disposal in land use plans as of July 25, address withheld from public disclosure determination of the Department of the 2000, to an account that can be used by under the Freedom of Information Act, the Bureau of Land Management (BLM), you must state this prominently at the Interior. the U.S. Forest Service, the National beginning of your comments. Any Park Service, and the U.S. Fish and determination by the BLM to release or

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withhold the names and/or addresses of years, this action complies with the comments should address one or more those who comment will be made on a provisions of this statutory provision. of the following four points: case-by-case basis. Such requests will be The National Park Service issued a —Evaluate whether the proposed honored to the extent allowed by law. prospectus on March 21, 2008, closing collection of information is necessary The BLM will make available for public on June 4, 2008, for solicitation of a new for the proper performance of the review, in their entirety, all comments 10-year concession contract; however, functions of the agency, including submitted by businesses or no proposals were received. The whether the information will have organizations, including comments by National Park Service has determined practical utility; individuals in their capacity as an that a temporary contract is necessary in —Evaluate the accuracy of the agencies’ official or representative of a business or order to avoid interruption of visitor estimate of the burden of the organization. services and has taken all reasonable proposed collection of information, (Authority: 43 CFR 2711.1–2) and appropriate steps to consider including the validity of the alternatives to avoid an interruption of methodology and assumptions used; Lori A. Armstrong, visitor services. —Enhance the quality, utility, and Shoshone Field Manager. This action is issued pursuant to 36 clarity of the information to be [FR Doc. E9–4489 Filed 3–2–09; 8:45 am] CFR 51.24(b). This is not a request for collected; and BILLING CODE 4310–$$–P proposals. —Minimize the burden of the collection Dated: February 3, 2009. of information on those who are to Ernest Quintana, respond, including through the use of DEPARTMENT OF THE INTERIOR Acting Deputy Director, Operations. appropriate automated, electronic, [FR Doc. E9–4540 Filed 3–2–09; 8:45 am] mechanical, or other technological National Park Service collection techniques or other forms BILLING CODE 4310–70–P Temporary Concession Contract for of information technology, e.g., Lake Chelan National Recreation Area, permitting electronic submission of responses. WA DEPARTMENT OF JUSTICE Overview of this information AGENCY: National Park Service, Bureau of Alcohol, Tobacco, Firearms collection: Department of the Interior. and Explosives (1) Type of Information Collection: Extension of a currently approved ACTION: Notice of proposed award of [OMB Number 1140–0071] temporary concession contract for the collection. (2) Title of the Form/Collection: Lake Chelan National Recreation Area, Agency Information Collection Notification to Fire Safety Authority of WA. Activities: Proposed Collection; Storage of Explosive Materials. Comments Requested: SUMMARY: Pursuant to 36 CFR 51.24, (3) Agency form number, if any, and public notice is hereby given that the ACTION: 60-Day Notice of Information the applicable component of the National Park Service proposes to award Collection Under Review: Notification Department of Justice sponsoring the a temporary concession contract for the to Fire Safety Authority of Storage of collection: Form Number: None. Bureau conduct of certain visitor services Explosive Materials. of Alcohol, Tobacco, Firearms and within Lake Chelan National Recreation Explosives. Area, Washington for a term not-to- The Department of Justice (DOJ), (4) Affected public who will be asked exceed 3 years. The visitor services Bureau of Alcohol, Tobacco, Firearms or required to respond, as well as a brief include overnight accommodations, and Explosives (ATF), will be abstract: Primary: Business or other for- food and beverage, retail, fuel, and submitting the following information profit. Other: Farms, State. Local, or transportation services. This action is collection request to the Office of Tribal Government, Individuals or necessary to avoid interruption of Management and Budget (OMB) for households. The information is visitor services. review and approval in accordance with necessary for the safety of emergency the Paperwork Reduction Act of 1995. response personnel responding to fires DATES: The term of the temporary The proposed information collection is at sites where explosives are stored. The concession contract will commence (if published to obtain comments from the information is provided both orally and awarded) no earlier than March 1, 2009. public and affected agencies. Comments in writing to the authority having SUPPLEMENTARY INFORMATION: The are encouraged and will be accepted for jurisdiction for fire safety in the locality temporary concession contract is ‘‘sixty days’’ until May 4, 2009. This in which explosives are stored. proposed to be awarded to Stehekin process is conducted in accordance with (5) An estimate of the total number of Adventure, LLC, a qualified person. 5 CFR 1320.10. respondents and the amount of time Stehekin Adventure, LLC, also is the If you have comments especially on estimated for an average respondent to incumbent concessioner, who operated the estimated public burden or respond: It is estimated that 5,000 all visitor services, after a sale and associated response time, suggestions, respondents will take 30 minutes to transfer was completed in 2006, under or need a copy of the proposed complete the notifications.. Concession Contract CC–LACH003–94. information collection instrument with (6) An estimate of the total public The 1998 Concessions Management instructions or additional information, burden (in hours) associated with the Improvement Act provides by its terms please contact Debra Satkowiak, Chief, collection: There are an estimated 2,500 that, to avoid interruption of services to Explosives Industry Programs Branch, annual total burden hours associated visitors, the National Park Service may Room 6E405, 99 New York Avenue, NE., with this collection. award non-competitively a temporary Washington, DC 20226. If additional information is required contract to perform such services for a Written comments and suggestions contact: Lynn Bryant, Department term not-to-exceed 3 years in aggregate. from the public and affected agencies Clearance Officer, Policy and Planning 16 U.S.C. 5952(11). Because this concerning the proposed collection of Staff, Justice Management Division, temporary contract will not exceed 3 information are encouraged. Your Department of Justice, Patrick Henry

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Building, Suite 1600, 601 D Street, NW., the proposed Final Judgment will Alltel’s mobile wireless Washington, DC 20530. provide an effective and appropriate telecommunications businesses and Dated: February 25, 2009. remedy for the antitrust violation related assets in 85 Cellular Market Lynn Bryant, alleged in the Complaint. Plaintiff Areas (‘‘CMAs’’); (b) Verizon’s mobile United States will move the Court for wireless telecommunications businesses Department Clearance Officer, PRA, United States Department of Justice. entry of the proposed Final Judgment and related assets acquired from Rural after the public comment and this Cellular Corporation in August 2008 in [FR Doc. E9–4413 Filed 3–2–09; 8:45 am] Response have been published in the seven CMAs; and (c) Verizon’s mobile BILLING CODE 4410–FY–P Federal Register, pursuant to 15 U.S.C. wireless telecommunications businesses § 16(b), (d). and related assets (excluding those DEPARTMENT OF JUSTICE On October 30, 2008, plaintiff United acquired from Rural Cellular States and the States of Alabama, Corporation in August 2008) in two Antitrust Division California, Iowa, Kansas, Minnesota, CMAs. Entry of the proposed Final North Dakota, and South Dakota filed Judgment would terminate this action, Public Comment and Response on the Complaint in this matter alleging except that the Court would retain Proposed Final Judgment that the proposed merger of two mobile jurisdiction to construe, modify, or wireless telecommunications service enforce the provisions of the proposed Pursuant to the Antitrust Procedures providers, Verizon Communications Inc. and Penalties Act, 15 U.S.C. 16(b)–(h), Final Judgment and punish violations (‘‘Verizon’’) and Alltel Corporation thereof. the United States hereby publishes (‘‘Alltel’’), would violate Section 7 of below the comment received on the the Clayton Act, 15 U.S.C. 18 in certain II. Legal Standard Governing the proposed Final Judgment in United geographic areas of the United States. Court’s Public Interest Determination States et al. v. Verizon Communications Simultaneously with the filing of the Upon publication of the public Inc. and Alltel Corporation, No. 1:08– Complaint, plaintiff United States filed comments and this Response, plaintiff CV–01878–EGS, which were filed in the a proposed Final Judgment and a United States will have fully complied United States District Court for the Preservation of Assets Stipulation and with the Tunney Act. It will then ask District of Columbia, on February 17, Order signed by plaintiff United States, the court to determine that entry of the 2009, together with the response of the the plaintiff States and the defendants proposed Final Judgment would be ‘‘in United States to the comment. consenting to the entry of the proposed the public interest,’’ and to enter it. 15 Copies of the comment and the Final Judgment after compliance with U.S.C. 16(e)(1). In making that response are available for inspection at the requirements of the Tunney Act. determination, the court, in accordance the Department of Justice Antitrust Pursuant to those requirements, plaintiff with the statute as amended in 2004,1 is Division, 325 Seventh Street, NW., United States filed a Competitive Impact required to consider: Room 200, Washington, DC 20530, Statement (‘‘CIS’’) in this Court on (telephone (202) 514–2481), and at the (A) The competitive impact of such October 30, 2008; published the judgment, including termination of alleged Office of the Clerk of the United States proposed Final Judgment and CIS in the District Court for the District of violations, provisions for enforcement and Federal Register on November 12, 2008, modification, duration of relief sought, Columbia, 333 Constitution Avenue, see 73 FR 66,922 (2008); and published anticipated effects of alternative remedies NW., Washington, DC 20001. Copies of a summary of the terms of the proposed actually considered, whether its terms are any of these materials may be obtained Final Judgment and CIS, together with ambiguous, and any other competitive upon request and payment of a copying directions for the submission of written considerations bearing upon the adequacy of fee. such judgment that the court deems comments relating to the proposed Final necessary to a determination of whether the Patricia Brink, Judgment, in the Washington Post for consent judgment is in the public interest; Deputy Director of Operations, Antitrust seven days beginning on November 19, and Division. 2008 and ending on November 25, 2008. (B) The impact of entry of such judgment The defendants filed the statements upon competition in the relevant market or IN THE UNITED STATES DISTRICT required by 15 U.S.C. § 16(g) on markets, upon the public generally and COURT FOR THE DISTRICT OF November 7, 2008. The 60-day period individuals alleging specific injury from the COLUMBIA for public comments ended on January violations set forth in the complaint including consideration of the public benefit, United States of America, State of 24, 2009, and one comment was if any, to be derived from a determination of Alabama, State of California, State of received as described below and the issues at trial. Iowa, State of Kansas, State of attached hereto. 15 U.S.C. 16(e)(1)(A)–(B). In considering Minnesota, State of North Dakota, and I. Background State of South Dakota, Case No. 1:08– these statutory factors, the court’s Cv–01878 (Egs), Plaintiffs, v. Verizon As explained more fully in the inquiry is necessarily a limited one as Communications Inc. and Alltel Complaint and the CIS, the likely effect the government is entitled to ‘‘broad Corporation, Defendants of this transaction would be to lessen discretion to settle with the defendant competition substantially for mobile within the reaches of the public Plaintiff United States’s Response to wireless telecommunications services in interest.’’ United States v. Microsoft Public Comments 94 geographic areas in the states of Corp., 56 F.3d 1448, 1461 (DC Cir. Pursuant to the requirements of the Alabama, Arizona, California, Colorado, Antitrust Procedures and Penalties Act, Georgia, Idaho, Illinois, Iowa, Kansas, 1 The 2004 amendments substituted ‘‘shall’’ for ‘‘may’’ in directing relevant factors for the court to 15 U.S.C. 16(b)–(h) (‘‘APPA’’ or Minnesota, Montana, Nebraska, Nevada, consider and amended the list of factors to focus on ‘‘Tunney Act’’), plaintiff United States New Mexico, North Carolina, North competitive considerations and to address hereby responds to the public comment Dakota, Ohio, South Carolina, South potentially ambiguous judgment terms. Compare 15 received regarding the proposed Final Dakota, Utah, Virginia, and Wyoming. U.S.C. § 16(e) (2004), with 15 U.S.C. 16(e)(1) (2006); see also United States v. SBC Commc’ns, Inc., 489 Judgment in this case. After careful To restore competition in these markets, F. Supp. 2d 1, 11 (D.D.C. 2007) (concluding that the consideration of the comment, plaintiff the proposed Final Judgment, if entered, 2004 amendments ‘‘effected minimal changes’’ to United States continues to believe that would require defendants to divest (a) Tunney Act review).

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1995); see generally United States v. the court should grant due respect to the intended, as Senator Tunney explained: SBC Commc’ns, Inc., 489 F. Supp. 2d 1 United States’s prediction as to the ‘‘[t]he court is nowhere compelled to go (D.D.C. 2007) (assessing public interest effect of proposed remedies, its to trial or to engage in extended standard under the Tunney Act). perception of the market structure, and proceedings which might have the effect As the United States Court of Appeals its views of the nature of the case). of vitiating the benefits of prompt and for the District of Columbia Circuit has Courts have greater flexibility in less costly settlement through the held, under the APPA a court considers, approving proposed consent decrees consent decree process.’’ 119 Cong. Rec. among other things, the relationship than in crafting their own decrees 24,598 (1973) (statement of Senator between the remedy secured and the following a finding of liability in a Tunney). Rather, the procedure for the specific allegations set forth in the litigated matter. ‘‘[A] proposed decree public interest determination is left to government’s complaint, whether the must be approved even if it falls short the discretion of the court, with the decree is sufficiently clear, whether of the remedy the court would impose recognition that the court’s ‘‘scope of enforcement mechanisms are sufficient, on its own, as long as it falls within the review remains sharply proscribed by and whether the decree may positively range of acceptability or is ‘within the precedent and the nature of Tunney Act harm third parties. See Microsoft, 56 reaches of public interest.’ ’’ United proceedings.’’ SBC Commc’ns, 489 F. F.3d at 1458–62. With respect to the States v. Am. Tel. & Tel. Co., 552 F. Supp. 2d at 11.3 adequacy of the relief secured by the Supp. 131, 151 (D.D.C. 1982) (citations decree, a court may not ‘‘engage in an omitted) (quoting United States v. III. Summary of Public Comment and unrestricted evaluation of what relief Gillette Co., 406 F. Supp. 713, 716 (D. Plaintiff United States’s Response would best serve the public.’’ United Mass. 1975)), aff’d sub nom. Maryland During the 60-day public comment States v. BNS, Inc., 858 F.2d 456, 462 v. United States, 460 U.S. 1001 (1983); period, plaintiff United States received (9th Cir. 1988) (citing United States v. see also United States v. Alcan one comment, from Public Service Bechtel Corp., 648 F.2d 660, 666 (9th Aluminum Ltd., 605 F. Supp. 619, 622 Communications, Inc., Public Service Cir. 1981)); see also Microsoft, 56 F.3d (W.D. Ky. 1985) (approving the consent Telephone Company, and their related at 1460–62; United States v. Alcoa, Inc., decree even though the court would affiliates (collectively ‘‘PST’’), which is 152 F. Supp. 2d 37, 40 (D.D.C. 2001). have imposed a greater remedy). To attached hereto and summarized below. Courts have held that: meet this standard, the United States This comment relates primarily to [t]he balancing of competing social and ‘‘need only provide a factual basis for mobile wireless services in the State of political interests affected by a proposed concluding that the settlements are Georgia. Upon review, plaintiff United antitrust consent decree must be left, in the reasonably adequate remedies for the States believes that nothing in the first instance, to the discretion of the alleged harms.’’ SBC Commc’ns, 489 F. comment warrants a change in the Attorney General. The court’s role in Supp. 2d at 17. proposed Final Judgment or is sufficient protecting the public interest is one of Moreover, the court’s role under the to suggest that the proposed Final insuring that the government has not APPA is limited to reviewing the Judgment is not in the public interest. breached its duty to the public in consenting remedy in relationship to the violations Copies of this Response and its to the decree. The court is required to determine not whether a particular decree is that plaintiff United States has alleged attachments have been mailed to PST. in its Complaint, and does not authorize the one that will best serve society, but A. Factual Background whether the settlement is ‘‘within the reaches the court to ‘‘construct [its] own of the public interest.’’ More elaborate hypothetical case and then evaluate the The plaintiffs’ Complaint alleges that requirements might undermine the decree against that case.’’ Microsoft, 56 the merger of Verizon and Alltel would effectiveness of antitrust enforcement by F.3d at 1459. Because the ‘‘court’s tend to lessen competition substantially, consent decree. authority to review the decree depends in violation of Section 7 of the Clayton Bechtel, 648 F.2d at 666 (citations entirely on the government’s exercising Act, in the provision of mobile wireless omitted).2 In determining whether a its prosecutorial discretion by bringing telecommunications services in proposed settlement is in the public a case in the first place,’’it follows that geographic areas effectively represented interest, a district court ‘‘must accord ‘‘the court is only authorized to review by 94 FCC spectrum licensing areas, deference to the government’s the decree itself,’’ and not to ‘‘effectively including eight CMAs in the state of predictions about the efficacy of its redraft the complaint’’ to inquire into Georgia.4 In recognition of the fact that remedies, and may not require that the other matters that plaintiff United States wireless carriers frequently are more remedies perfectly match the alleged did not pursue. Id. at 1459–60. As this violations.’’ SBC Commc’ns, 489 F. Court recently confirmed in SBC 3 See United States v. Enova Corp., 107 F. Supp. 2d 10, 17 (D.D.C. 2000) (noting that the ‘‘Tunney Supp. 2d at 17; see also Microsoft, 56 Commc’ns, courts ‘‘cannot look beyond Act expressly allows the court to make its public F.3d at 1461 (noting the need for courts the complaint in making the public interest determination on the basis of the to be ‘‘deferential to the government’s interest determination unless the competitive impact statement and response to complaint is drafted so narrowly as to comments alone’’); S. Rep. No. 93–298, 93d Cong., predictions as to the effect of the 1st Sess., at 6 (1973) (‘‘Where the public interest can proposed remedies’’); United States v. make a mockery of judicial power.’’ SBC be meaningfully evaluated simply on the basis of Archer-Daniels-Midland Co., 272 F. Commc’ns, 489 F. Supp. 2d at 15. briefs and oral arguments, that is the approach that Supp. 2d 1, 6 (D.D.C. 2003) (noting that In its 2004 amendments, Congress should be utilized.’’); United States v. Mid-Am. made clear its intent to preserve the Dairymen, Inc., 1977–1 Trade Cas. (CCH) ¶ 61,508, at 71,980 (W.D. Mo. 1977) (‘‘Absent a showing of 2 Cf. BNS, 858 F.2d at 464 (holding that the practical benefits of using consent corrupt failure of the government to discharge its court’s ‘‘ultimate authority under the [APPA] is decrees in antitrust enforcement, adding duty, the Court, in making its public interest limited to approving or disapproving the consent the unambiguous instruction that finding, should * * * carefully consider the decree’’); United States v. Gillette Co., 406 F. Supp. explanations of the government in the competitive 713, 716 (D. Mass. 1975) (noting that, in this way, ‘‘[n]othing in this section shall be impact statement and its responses to comments in the court is constrained to ‘‘look at the overall construed to require the court to order to determine whether those explanations are picture not hypercritically, nor with a microscope, conduct an evidentiary hearing or to reasonable under the circumstances.’’). but with an artist’s reducing glass’’). See generally require the court to permit anyone to 4 The wireless assets to be be divested in Georgia Microsoft, 56 F.3d at 1461 (discussing whether ‘‘the intervene.’’ 15 U.S.C. 16(e)(2). The (collectively, the ‘‘Georgia divestiture assets’’) are remedies [obtained in the decree are] so located in the Albany, GA Metropolitan Statistical inconsonant with the allegations charged as to fall language codified what the Congress Area (‘‘MSA’’) and Georgia Rural Service Areas outside of the ‘‘reaches of the public interest’’). that enacted the Tunney Act in 1974 (‘‘RSAs’’) 6, 7, 8, 9, 10, 12, and 13.

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competitive where they serve and Alabama RSAs 5 and 8 be Complaint does not allege competitive contiguous areas, see CIS at 16, the divested.6 PST Comment at 13. harm in specific CMAs beyond the 94, proposed Final Judgment requires that According to PST, the proposed Georgia nor did it allege a ‘‘national market’’ or all the assets to be divested in the State divestiture areas are likely to be less harm in such a market. Absent such of Georgia be sold together to a single profitable than those in neighboring allegations, it would be inappropriate buyer.5 Proposed Final Judgment, urban areas, due to the higher costs of for this Court to inquire into the Section IV.I. serving sparsely populated regions and advisability of implementing a remedy the relatively low per-capita income of to address competitive concerns in B. Summary of Comment rural residents. PST Comment at 8–9. In geographic areas outside the 94 alleged PST provides wireline particular, PST believes that a purchaser CMAs.8 The proposed Final Judgment’s telecommunications services (though of the Georgia divestiture assets must lack of a remedy for purported harm in not, currently, wireless) in the mostly obtain wireless assets in the Columbus geographic markets that plaintiff United rural area in Georgia between Columbus GA–AL MSA to properly serve States neither found nor alleged is not and Macon. Its service area covers customers in the divestiture areas a flaw, but rather a perfectly appropriate portions of two of the CMAs to be because Columbus is a major economic tailoring of relief to the alleged divested in Georgia, including roughly and cultural center in the region. PST violation.9 half of Georgia RSA 6 and a small Comment at 9–12. PST’s second argument is that the portion of Georgia RSA 9. PST believes divestiture of wireless assets in C. Response to Comment that the divestitures contained in the additional geographic areas in Georgia proposed Final Judgment are PST does not object to the divestiture and Alabama is necessary because the inadequate. of assets in the 94 CMAs, including the Georgia divestiture assets contained in PST first contends that plaintiffs eight Georgia CMAs. Instead PST the proposed Final Judgment are should have challenged the merger contends that the remedy should be insufficient to permit a divestiture buyer everywhere Verizon and Alltel broader and encompass divestitures of to fully replace the competition that competed and obtained ‘‘national relief’’ wireless assets in additional CMAs. PST would otherwise be lost in the CMAs in the proposed Final Judgment. In its contends that the merger will have an where harm is alleged. PST Comment at view, the Verizon/Alltel transaction is adverse impact on competition 8. According to PST, a purchaser of the national in scope. PST Comment at 2, 4– nationwide, but notes that no national Georgia assets cannot be a viable long- 6. PST recognizes, however, that the relief was required. PST Comment at 2, term competitor unless it also obtains relevant markets could be viewed as ‘‘a 5. Also, PST claims plaintiff United the assets of neighboring areas of series of CMA markets,’’ in which case States should have identified, and Georgia and Alabama, in particular the ‘‘a different analysis is appropriate.’’ alleged, competitive injury in four Columbus GA–AL MSA. PST Comment PST Comment at 6. Therefore, PST also additional geographic areas: ‘‘Alabama at 9–12. However, the information contends the plaintiffs should have RSAs 5 and 8, Georgia RSA 5, and the reviewed by plaintiff United States challenged the merger in additional Columbus GA–AL MSA’’ and remedied suggests that this contention regarding CMAs in Alabama and Georgia not harm in these areas in the proposed alleged in the Complaint based on the Final Judgment. PST Comment at 5, 7. only areas where plaintiff United States concluded market shares and spectrum holdings in These arguments are not ones that the merger was likely to substantially lessen these areas. It notes that plaintiff United should concern the Court in its public competition. States ‘‘has not addressed the CMAs interest inquiry. As the Court of Appeals 8 As this Court has held, courts ‘‘cannot look has warned, the APPA does not beyond the complaint in making the public interest where market shares and concentration determination unless the complaint is drafted so are high enough to injure competition, authorize the court to ‘‘construct [its] narrowly as to make a mockery of judicial power.’’ though below the artificial thresholds own hypothetical case and then SBC Commc’ns, 489 F. Supp. 2d at 15. Plainly, with for divestiture in the proposed final evaluate the decree against that case,’’ allegations of competitive harm in 94 geographic Microsoft, 56 F.3d at 1459, and yet, PST license areas covering millions of potential Judgment.’’ PST Comment at 7. subscribers, the Complaint in this matter is not so Second, PST argues that the wireless invites the Court to do exactly that. The narrowly drafted. assets to be divested in the Georgia Complaint alleges that the United States 9 Plaintiff United States’s determination of which CMAs alleged in the Complaint are ‘‘comprises numerous local geographic areas to allege in the Complaint was based on a inadequate to restore competition to markets for mobile wireless thorough investigation of each area that included consideration of: the number of mobile wireless premerger levels in these CMAs because telecommunications services,’’ providers and their competitive strengths and they do not contain all the assets Complaint 15, and the ‘‘relevant weaknesses; market shares and concentration; the necessary for a divestiture purchaser to geographic markets * * * where the availability of new spectrum; whether any be a viable long-term competitor. PST transaction would substantially lessen providers are spectrum constrained or otherwise limited in their ability to add customers; the Comment at 8. In order to cure the competition for mobile wireless breadth and depth of coverage by different deficiencies it believes exist with telecommunications services are providers (including coverage in relation to respect to the proposed Final Judgment, effectively represented by the 94 FCC population density); the retail presence of each PST proposes that wireless assets in the spectrum licensing areas specified in provider; local wireless number portability data; 7 and the likelihood of new entry or expansion. CIS Columbus GA–AL MSA, Georgia RSA 5, Appendix A.’’ Complaint 16. Thus, the at 10. PST’s allegations of harm are based simply on unreliable guesses about market shares and 5 Section IV.I of the proposed Final Judgment 6 These CMAs are adjacent to three of the eight information about total spectrum holdings. Shares allows plaintiff United States, in its sole discretion, CMAs in Georgia and the two CMAs in Alabama and spectrum holdings are just two of many factors upon consultation with the relevant plaintiff State, where wireless assets are to be divested pursuant that need to be considered, not a complete to allow the sale of less than all the wireless assets to the proposed Final Judgment. See Attachment 1, competitive analysis. United States v. Baker in Georgia to facilitate a prompt divestiture to an Map, Alabama and Georgia: Divested CMAs and Hughes, Inc., 908 F.2d 981, 984 (D.C. Cir. 1990) acceptable buyer. In addition, if an acceptable buyer PST Proposed Divestitures. (stating that evidence of market concentration is not found for the mobile wireless businesses, 7 Plaintiff United States investigated all areas of ‘‘simply provides a convenient starting point for a plaintiff United States, in its sole discretion, upon the United States in which Verizon and Alltel broader inquiry into future competitiveness’’); FTC consultation with the relevant plaintiff State, can compete, including whether the proposed merger v. Arch Coal, Inc., 329 F. Supp. 2d 109, 130 (D.D.C. require defendants to include additional assets, for would impact mobile wireless telecommunications 2004) (recognizing that ‘‘this circuit has cautioned example, in order to attract an acceptable buyer. services nationwide. The 100 CMAs listed in the against relying too heavily on a statistical case of Proposed Final Judgment, Section V.E. Complaint and related decree modifications are the market concentration alone’’).

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the sufficiency of the remedy is Judgment, Section IV.I. The divestitures divestiture areas.16 For example, less ultimately without merit. in Georgia required by the proposed than 1% of the residents of the eight Plaintiff United States has substantial Final Judgment include not only CMAs in Georgia where wireless assets expertise in constructing remedies and Georgia RSAs 6 and 9, PST’s existing are to be divested commute to reviewing potential buyers of mobile service areas, but five other RSAs and Columbus to work.17 Even if only wireless assets.10 Plaintiff United States the metropolitan area of Albany, GA. Georgia RSAs 6 and 9 are considered, carefully considers all relevant factors See proposed Final Judgment, Section less than 3% of residents commute to before agreeing to a divestiture IV.I. Columbus.18 The addition of the settlement taking into account that the PST’s comment suggests that the Columbus GA–AL MSA to the ability of a divestiture buyer to succeed assets being sold are insufficient to divestiture package would therefore in a particular area will depend on the allow the purchaser to be a long-term have little, if any, impact on the buyer’s specific nature of the area, the assets it viable competitor given the rural nature ability to serve customers in the is acquiring, and what other businesses of the area. PST Comments at 8. divestiture area at their homes and and expertise the buyer already However, the Georgia mobile wireless workplaces. Moreover, to the extent the possesses. Plaintiff United States also business assets cover a large portion of divestiture buyer needs coverage of the carefully reviews the qualifications and the state of Georgia, serving a Columbus GA–AL MSA for some small business plans of proposed purchasers population of more than 1.3 million percentage of its minutes, it can likely before approving divestitures.11 people.14 The purchaser will acquire achieve that via a roaming agreement, Divestiture packages are not tailored to approximately 200,000 subscribers and which wireless carriers routinely enter favor one potential buyer over a business that generates annual to expand their coverage to areas where another.12 Instead, plaintiff United revenues of over $150 million. The asset they own no wireless facilities.19 States seeks to ensure that the collection package also includes a substantial This Court has held that the United of assets will allow the purchaser to amount of cellular spectrum which has States need not prove that the adequately compete. In order to replace significant advantages in serving rural settlement represents a ‘‘perfect’’ the competition lost as a result of the areas, see CIS at 5–6, and the potential remedy of the harms alleged in the merger, the buyer need not be the to not only provide mobile wireless Complaint. Rather, it needs to provide preferred provider of every customer but services to local residents but also to ‘‘a factual basis for concluding that the only be attractive to a large enough sell roaming services to other providers settlements are reasonably adequate number of potential customers so as to who do not have networks in these areas remedies for the alleged harms.’’ SBC be a viable competitor. of the state. Given the extent of the Commc’ns, 489 F. Supp. 2d at 17. In Plaintiff United States recognizes that assets being sold, plaintiff United States addition, the DC Court of Appeals has there are efficiencies of scale associated believes that a buyer will be found that held that district courts should be with serving a broad, contiguous can effectively compete in the long ‘‘deferential to the government’s geographic area, and it is largely for this term. predictions as to the effect of the Moreover, there are a number of reason that the proposed Final Judgment proposed remedies.’’ Microsoft, 56 F.3d viable wireless businesses in the United requires the Georgia divestiture assets to at 1461. There is no basis to believe that States that operate in a small number of be sold together to a single acquirer.13 divestitures in the Columbus GA–AL license areas with similar revenues and See CIS at 16–17; proposed Final MSA, or any other CMAs mentioned by subscriber counts. For example, PST, are necessary to ensure the success Bluegrass Cellular offers service in 10 This is the sixth case in which plaintiff United of the divested business, either because States has required such a divestiture in the last five approximately 10 license areas and has of a particularly strong nexus between years. United States et al. v. Cingular Wireless approximately 130,000 subscribers, and Columbus and the divestiture Corp., SBC Communications Inc., BellSouth Corp. Alaska Communications Systems properties, or because of a need to and AT&T Wireless Services, Inc., Civ. No. provides service in approximately seven 20 1:04CV01850 (RBW) (D.D.C. filed Oct. 24, 2004); achieve greater scale. United States v. Alltel Corp. and Western Wireless license areas, has approximately Corp., Civ. No. 1:05CV01345 (RCL) (D.D.C. filed 144,000 subscribers and its 2007 16 Plaintiff United States also found insufficient July 6, 2005); United States v. Alltel Corp. and wireless revenues were approximately evidence to suggest that the proposed merger would Midwest Wireless Holdings, L.L.C., Civ. No. 06–3631 $137 million. cause competitive harm in the Columbus GA–AL (PJS/AJB) (D. Minn. filed Sept. 7, 2006); United MSA itself. States v. AT&T Inc. and Dobson Communications PST’s other argument for additional 17 See http://wireless.fcc.gov/auctions/data/ Corp., Civ. No. 1:07CV01952 (RMC) (D.D.C. filed divestitures hinges in large part on its maps/cntysv2000_census.xls (population of each Oct. 30, 2007); and United States et al. v. Verizon belief that a wireless carrier seeking to county in 2000); http://www.census.gov/ Communications Inc. and Rural Cellular Corp., Civ. provide service to the Georgia population/www/cen2000/commuting/index.html No. 1:08CV00993 (EGS) (D.D.C. filed June 10, 2008). divestiture areas needs to be able to (number of residents per county commuting to 11 The proposed Final Judgment states that other counties for work in 2000). plaintiff United States, in its sole discretion, upon serve the Columbus GA–AL MSA as 18 Id. consultation with the relevant plaintiff State, must well because two of the Georgia 19 There are reasons to question whether the be satisfied that the purchaser has the managerial, divestiture RSAs (Georgia RSA 6 and 9) purchaser will need to be ‘‘unduly dependent on operational, technical and financial capability to are economically interconnected with roaming.’’ PST Comment at 9. First, the purchaser compete effectively with the divested assets. the Columbus GA–AL MSA.15 But may already own a wireless network that serves the Proposed Final Judgment, Section IV.H. surrounding area or other major portions of the 12 Although PST may wish to have the plaintiff United States found country. Second, the purchaser may be able to offer combination of wireless assets that is most insufficient evidence to support the carriers in the surrounding metropolitan areas of attractive to its existing wireline customers in contention that a buyer needs wireless Macon, Columbus and Atlanta roaming services in portions of Georgia RSAs 6 and 9 (close to the assets in Columbus in order to the rural portions of the state in exchange for an Columbus GA–AL MSA), plaintiff United States agreement to allow its customers to roam in these needs to consider what assets are necessary for a successfully serve the proposed Georgia metropolitan areas. buyer, in general, to effectively compete. 20 Although plaintiff United States does not 13 It is not, however, always necessary or 14 See http://wireless.fcc.gov/auctions/data/ expect there to be a lack of bidders for the Georgia appropriate to divest multiple CMAs in a state as maps/cntysv2000_census.xls. divestiture assets, if no acceptable purchaser was a single group. See Proposed Final Judgment, 15 PST Comment at 9–10. For instance, PST proposed, plaintiffs could reconsider, under Section Section IV.I (providing that three CMAs in Virginia, claims that Columbus is connected with Georgia V.E of the proposed Final Judgment whether to one CMA in Arizona, one CMA in California, and RSAs 6 and 9 because of the colleges, hospitals, and require defendants to add additional assets to the one CMA in New Mexico can be sold separately). cultural attractions located in Columbus. Id. divestiture package.

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The settlement contained in the U.S. Department of Justice competitive impact statement, no proposed Final Judgment ensures that a 1401 H Street N.W., Suite 8000 divestiture is required where the buyer of the proposed Georgia Washington D.C. 20530 combined share is less than 55% or the divestiture assets will have the assets Re: United States et al v. Verizon post-acquisition HHI is less than 4000 necessary to establish a viable Communications, Inc. and Alltel even though normal merger analysis competitor in each of the CMAs alleged Corp. Case No. 1:08–cv–01878–EGS finds competitive injury at much lower in plaintiffs’ Complaint. Accordingly, Dear Ms. Goodman: levels. the settlement is within the reaches of This comment is submitted on behalf The Department also failed to the public interest and the proposed of Public Service Communications, Inc., consider whether it is practicable to Final Judgment should be entered by Public Service Telephone Company, divest mobile phone assets in rural this Court. and their related affiliates (collectively CMAs with small populations without ‘‘PST’’), in response to the Competitive also divesting neighboring urban areas. IV. Conclusion Impact Statement filed with the United Entry costs in the mobile telephone After careful consideration of this States District Court for the District of industry are steep, and entry is not public comment, plaintiff United States Columbia on October 30, 2008 by the feasible without a significant population still concludes that entry of the Plaintiff United States of America in the base in a defined geographic area. above referenced case. The Impact proposed Final Judgment will provide Description of PST an effective and appropriate remedy for Statement was published in the Federal the antitrust violation alleged in the Register on November 12, 2008. PST PST is a family-owned Complaint and is, therefore, in the respectfully submits that the proposed telecommunications company providing public interest. Pursuant to Section acquisition by Verizon Wireless of Alltel wireline telephone, cable television and 16(d) of the Tunney Act, plaintiff Corporation will injure competition internet services in 1,050 square miles United States is submitting the public among wireless mobile telephone of territory between Macon and comment and its Response to the service providers nationwide and in Columbus, Georgia. Its headquarters is Federal Register for publication. After multiple CMAs in Georgia and adjacent in Reynolds, a small town with a the comments and its Response are Alabama. The United States Department population of slightly more than 1,000 published in the Federal Register, of Justice also concluded that the persons. The service area covered by PST is plaintiff United States will move this acquisition will injure competition in mostly rural, with a number of small Court to enter the proposed Final many CMAs around the country. We contend that the Department mostly farming communities. It is Judgment. should modify the proposed settlement sparsely populated. PST serves a total of Respectfully submitted, with the Defendants Verizon 10,724 wireline customers in the /s/ Hillary B. Burchuk llllllllll Communications, Inc. (‘‘Verizon’’) and following counties: Bibb (1,829 lines), Hillary B. Burchuk (D.C. Bar No. 366755), Alltel Corporation (‘‘Alltel’’), by Crawford (3,169 lines), Macon (108 Lawrence M. Frankel (D.C. Bar No. 441532), requiring them to divest overlapping lines), Marion (64 lines), Monroe (288 Jared A. Hughes, cellular systems in four Georgia and lines), Muscogee (20 lines), Talbot Attorneys, Telecommunications & Media Alabama CMAs, namely CMA 153 (1,590 lines), Taylor (3,492 lines), and Enforcement Section, Antitrust Division, U.S. (Columbus, GA MSA), CMA 375 Upson (164 lines). PST is interested in Department of Justice, City Center Building, (Georgia 5—Haralson RSA), CMA 311 entering the mobile cellular market in 1401 H Street, N.W., Suite 8000, Washington, (Alabama 5—Cleburne RSA) and CMA its current service area, and in D.C. 20530, (202) 514–5621, Facsimile: (202) 314 (Alabama 8—Lee RSA). surrounding, more populous areas. 514–6381. As we will explain, the central flaw However, as described below, PST does Certificate of Service in the proposed Consent Judgment is not believe that the proposed divestiture that it does not adequately ameliorate of cellular markets in the State of I hereby certify that on February 17, the competitive injury found by the Georgia, as presently endorsed by the 2009, a copy of the foregoing Plaintiff Department, and lacks any reasoned Department, will yield a viable United States’s Response to Public analysis why the relief obtained is competitive operation, unless the Comments was mailed via first class limited. Columbus market and certain adjoining mail, postage prepaid, upon counsel for More specifically, the Department properties are added. Public Service Communications, Inc., recognized that this acquisition will addressed as follows: combine the second and fifth ranked Description of Acquisition David U. Fierst, Esq., Stein, Mitchell competitors in a highly concentrated Verizon Wireless, a joint venture of & Muse L.L.P., 1100 Connecticut Ave., national market, but did not require any Verizon Communications, Inc. and NW., Suite 1100, Washington, DC national relief. The Department also Vodafone, has entered into an 20036. recognized that the acquisition will agreement to acquire Alltel. Verizon is /s/ lllllllllllllllllll cause injury in many CMAs, but paying $5.9 billion, and will become Hillary B. Burchuk (D.C. Bar No. 366755) required divestitures only in 94 CMAs responsible for debt of $22.2 billion. Telecommunications & Media Enforcement where the combined post-acquisition The total value of the acquisition is Section, Antitrust Division, U.S. Department market share for Verizon and Alltel therefore approximately $28.1 billion. of Justice, City Center Building, 1401 H exceeds 55% and the post-acquisition Verizon is the second largest mobile Street, NW., Suite 8000, Washington, DC Herfindahl-Hirschman Index (HHI) wireless service provider in the United 20530 (202) 514–5621, Facsimile: (202) 514– exceeds 4000. We do not object to the States. It has recently acquired the 10th 6381. requirement that overlapping assets in largest service provider. Alltel is the January 12, 2009 these 94 CMAs be divested. We object fifth largest mobile wireless service HAND DELIVERED to the failure to require divestiture in provider. The Competitive Impact Nancy M. Goodman CMAs where post-acquisition shares do Statement indicates (at p. 4) that the Telecommunications & Media not reach these astronomical levels but combined entity will control Enforcement Section nonetheless exceed normal thresholds. approximately 36 percent of all Antitrust Division In other words, according to the revenues generated in the United States

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from mobile wireless communications an acquisition of mobile wireless service found in the case of this mega-merger services. providers is mobile wireless that ‘‘the proposed transaction, as This is the second major wireless telecommunications. See, for example, initially agreed to by the defendants, acquisition by Verizon in recent United States v. Verizon would lessen competition substantially months. On June 10, 2008, Verizon and Communications, Inc. and Rural for mobile wireless telecommunications the Department entered into a consent Cellular Corporation, (D.D.C. 2008), services in a large number of CMAs,’’ Judgment as a result of the acquisition Competitive Impact Statement at 4 including CMAs in the States of Georgia of Rural Cellular Corporation (‘‘RCC’’). (‘‘there are no cost-effective alternatives and Alabama. Pursuant to their analysis According to the Competitive Impact to mobile wireless telecommunications of the merger, the Plaintiffs United Statement filed in that case, prior to that services’’) (RCC Impact Statement). See States of America and several individual acquisition, Verizon was the second also In the Matter of AT&T Inc. and states (including Georgia and Alabama) largest provider of mobile wireless Dobson Communications Corp., WT have ‘‘concluded that Verizon’s telecommunications services in the Docket #07–153 (11/15/07) at ¶ 21 proposed acquisition of Alltel likely United States. At the time that (‘‘mobile telephony service,’’ including would substantially lessen competition, acquisition was announced (mid 2007), both voice and data over mobile in violation of Section 7 of the Clayton Verizon had more than 65 million wireless telephones). Act, in the provision of mobile wireless subscribers, and annual revenues of $43 Geographic markets in mobile telecommunications services in the billion. According to the FCC’s Twelfth telephone acquisitions are generally relevant geographic areas alleged in the Annual Report and Analysis of based on the FCC spectrum licensing Complaint.’’ The primary remedy for Competitive Market Conditions With areas, called Cellular Market Areas this impending adverse affect on Respect to Commercial Mobile Services (CMAs), consisting of Metropolitan competition is the proposed (January 28, 2008), Verizon, with 59 Statistical Areas (MSAs) and Rural requirement that Verizon divest the million subscribers, was second only to Service Areas (RSAs). See, e.g., RCC affected markets. AT&T, which had 60.9 million Impact Statement at 4. As discussed below, it is not clear subscribers. The Competitive Impact In this case, Verizon in its application from the Competitive Impact Statement Statement (at p. 3) indicates that with the FCC for approval of the that competition will not be harmed Verizon’s subscriber count has now acquisition described wireless within the CMA 153 (Columbus, GA grown to 70 million. competition as being national in scope. MSA), CMA 375 (Georgia 5—Haralson In the State of Georgia, the proposed Description of Transaction, In re RSA), CMA 311 (Alabama 5—Cleburne Final Judgment would require that Applications of Atlantis Holdings LLC RSA) and CMA 314 (Alabama 8—Lee Verizon and Alltel divest the following and Cellco Partnership d/b/a Verizon RSA) markets. However, even if it is markets: Wireless, June 13, 2008 at 29. Verizon’s assumed arguendo that these individual Albany MSA (CMA 261) expert report submitted to the FCC markets will not be adversely affected, GA RSA 6 (CMA 376) addressed only the national markets, not divestiture of these markets is necessary GA RSA 7 (CMA 377) the CMAs. Declaration of Dennis to ensure that the competitor to be GA RSA 8 (CMA 378) Carlton, Allan Shampine, and Hal Sider, created in the State of Georgia is a viable GA RSA 9 (CMA 379) June 13, 2008 at 4, 20. The Department one, and will be able to continue GA RSA 10 (CMA 380) noted the nationwide impact effective operations as necessary to GA RSA 12 (CMA 382) (Competitive Impact Statement at 3) but offset the harms caused by the GA RSA 13 (CMA 383) ordered divestitures only at the CMA combination of two of the biggest In the State of Alabama, the proposed level. competitors in the state. Final Judgment would require that If the market is viewed as nationwide, Verizon and Alltel divest the following the acquisition will clearly have an Competitive Harm in Columbus and markets: adverse impact on competition. Market Surrounding CMAs Dothan MSA (CMA 246) shares and concentration are high. If the market is viewed as a AL RSA 7 (CMA 313) According to the FCC, the HHI was nationwide market, then limited PSC is on record asking the Federal nearly 2700 at the end of 2006, and the divestitures in smaller geographic Communications Commission (‘‘FCC’’) market has become more concentrated markets scattered around the country and the Department to order the since then. FCC’s Twelfth Annual may be insufficient to restore divestiture of the following additional Report and Analysis of Competitive competitive vigor. Given that the pre- markets, in order to ensure the creation Market Conditions With Respect to acquisition nationwide HHI is already of a viable competitor within the States Commercial Mobile Services (January approximately 2700,1 it is a fair of Georgia and Alabama: 28, 2008) (‘‘Twelfth Annual Report’’) at assumption that the post-acquisition Columbus MSA (CMA 153) 6. It is not possible to calculate the post- HHI, even assuming some divestitures, GA RSA 5 (CMA 375) acquisition HHI without knowing more will still be very high, and that the AL RSA 5 (CMA 311) about Alltel’s volume in the 94 CMAs to increase will exceed the recognized AL RSA 8 (CMA 314) be divested and the CMAs to be benchmarks for injury to competition. PST notes that the Albany MSA and retained, but the increase is highly If the market is viewed as a series of GA RSA 6 were not included in the likely to exceed the thresholds in the CMA markets, a different analysis is original divestiture proposal formulated merger guidelines. According to the by Verizon and Alltel, but were added Twelfth Annual Report at 17, Verizon’s 1 FCC’s Twelfth Annual Report and Analysis of nationwide share in 2006 was about Competitive Market Conditions With Respect to only upon review by the Department, Commercial Mobile Services (January 28, 2008) at following comments by PST showing 26%. Thus, any non-negligible 6, There have been a number of significant the need to add these (and other) acquisition of Alltel will necessarily acquisitions since the 12th Annual Report, markets to the divestiture list. cause the HHI to increase by more than including Verizon’s acquisition of RCC, AT&T’s 50, and a very small acquisition will acquisition of Dobson, and the T-Mobile acquisition Injury to Competition of SunCom. As a result of these acquisitions, cause an increase of 100. concentration is likely to be higher than it was at It is generally accepted that the As noted in the Competitive Impact the time of the 12th Annual Report, but that relevant product market for analyzing Statement (at page 4), the Department information is not available to the public.

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appropriate. As noted above, the CMA, there is either (1) a post- confirms (at p. 13) that the States of Department has found 94 CMAs where acquisition HHI of 2800 with an Georgia and Alabama have an interest the acquisition will result in increase of 100,3 or (2) an increase of in, and consultation right to, ensure that concentration that far exceeds normal 250 regardless of the HHI, or (3) the the purchaser of the divested Alltel thresholds, but the Department has not acquiring party will hold a 10 percent assets in their states will be ‘‘a viable, addressed whether there are other or greater interest in 95 MHz of cellular, ongoing business that can compete CMAs where the acquisition will lead to PCS, SMR and 700 MHz spectrum. In effectively in each relevant area.’’ concentration that exceeds threshold the Matter of AT&T, Inc. and Dobson In this instance, the proposed levels, though not by such gross Communications Corp., WT Docket, 07– divestitures in Georgia will not include amounts. 153 (11/19/07) at ¶ 40. It is possible to necessary assets. The inadequacy flows Nationwide HHI, according to the measure Verizon’s and Alltel’s spectrum from the fact that the divestiture in FCC, was 2674 at the end of 2006. 12th in specific CMAs. For example, in CMA Georgia will be restricted to certain Annual Report at 6. According to the 153, the Verizon/Alltel combination CMAs, and those CMAs do not include 1997 Horizontal Merger Guidelines, a will hold 104 MHz in each of the three the high density urban areas and market is considered highly constituent counties (one in Alabama corridors of commerce (including concentrated when its HHI exceeds and two in Georgia); and in CMA 314, neighboring portions of Alabama) 1800, which this does by a substantial covering 5 counties in adjacent needed for successful operation of a amount. According to the FCC figures Alabama, the combination will hold 107 wireless network. The CMAs where the for year end 2006, the Verizon MHz in one county, and varying proposed divestitures will occur are acquisition of Alltel (assuming no amounts ranging from 72 to 92 in the generally populated by lower income divestitures) will increase the HHI by other four.4 residents than in the CMAs to be about 260.2 According to the Merger Despite PST’s comments raising retained. Consequently, the residents of Guidelines, in a highly concentrated concerns about the above additional the to-be-divested CMAs are less likely market, an increase in the HHI of 50 or markets in Georgia and Alabama, the to have mobile devices and more likely more points potentially raises Competitive Impact Statement does not to be price conscious. In other words, significant competitive concerns. furnish an HHI analysis for, or profits in those areas are likely to be Increases of more than 100 points are otherwise specifically address, these lower than in the CMAs in which presumptively likely to create or markets. PST respectfully requests that Verizon seeks to retain assets and enhance market power or facilitate its the Department amend the Competitive customers of Alltel. Moreover, the exercise. Impact Statement to do so. However, as CMAs in Georgia where assets will be Thus, on a nationwide basis, the discussed below, even if the HHI for the divested are sparsely populated in market is highly concentrated, and this additional divestiture markets does not relation to the areas to be retained by acquisition will increase concentration surpass the anticompetitive level, the Verizon, resulting in increased significantly. It is not possible for a relationship of these markets to the operational costs. party other than the Department or the areas that will suffer harm must be PST analyzed the counties included FCC to compute HHI in any particular evaluated. in the six Georgia CMAs in which CMA. However, the post-acquisition Verizon originally proposed to divest HHI on a nationwide basis is highly Divestitures overlapping properties. PST compared likely to exceed 2800 with an increase The proposed divestitures must also them to the counties in the additional well in excess of 100. Moreover, the be evaluated from the perspective of CMAs the overlapping assets of which nationwide increase in HHI is likely to what is necessary to restore PST contended should also be divested. exceed 250. Thus, it is a fair inference competition. As the Department This analysis was provided to the that in individual CMAs the post- recognizes in the Antitrust Division Department. The analysis showed that acquisition HHI will exceed acceptable Policy Guide to Merger Remedies, a in the Verizon-chosen CMAs, levels. The Department is requiring divestiture will be ineffective to restore populations are generally lower than in divestitures only where the post- competition unless it includes all assets the CMAs proposed by PST. As acquisition HHI exceeds 4000. No necessary for the purchaser to be an recognized in the Remedies Guide, divestitures are required where the post- effective long-term competitor. Indeed, where an installed base of customers is acquisition HHI is between 2800 and the Competitive Impact Statement required in order to operate at an 4000, although by any realistic analysis, effective scale, the divested assets an acquisition resulting in such high 3 The Department does not address the possibility should convey that base, or quickly concentrations is likely to injure of a CMA with a post-acquisition HHI in excess of enable the purchaser to obtain an competition. The Department has not 2800 but less than 4000. In any such CMA, the FCC installed customer base. The mobile would find an injury to competition, as would the addressed the CMAs where market normal Department merger analysis, but no wireless market requires significant shares and concentration are high divestiture will be required. infrastructure or it will be unduly enough to injure competition, though 4 In the six Georgia CMAs where the proposed dependent on roaming, which under the below the artificial thresholds for Final order requires divestitures, the overlap is best of circumstances will not be divestiture in the proposed final typically less. In CMA 377 (6 Georgia counties) profitable. there is no overlap in two of the counties, and an Judgment. overlap of 82 in the other four. In CMA 378 (10 In CMA 377, where Verizon agreed to There is another way to identify Georgia counties), the overlap is 72 MHz in 9 of the divest overlapping properties, there are CMAs where the acquisition will lead to counties and 82 in the tenth. In CMA 379 (12 six counties. Two of them (as of the injury. The FCC finds likely injury to Georgia counties), the overlap is 82 in 6 counties 2000 census) had populations of about and 92 in the other 6. In CMA 380 (12 Georgia competition where, in any particular counties), the overlap is 102 in one county, 82 in 45,000, one had 21,000, and the other 9 and 72 in two. In CMA 382 (6 Georgia counties), three were in the 8,000–10,000 range. 2 The Department will have access to more recent the overlap ranges from 72 to 112. In CMA 383 (9 By contrast, Muscogee County in CMA market share information. We believe that the Georgia counties), the overlap is 102 MHz in two 153, where Verizon and Alltel market will have grown more concentrated in the counties and 82 in the other 7. Combined spectrum last year and a half, and the Verizon share (post- is therefore likely to indicate a competitive problem cumulatively hold 104 MHz of spectrum acquisition of RCC) will be larger than it was in in the CMAs to be divested and even more so in but which Verizon is not required to December 2006. the adjoining CMAs Verizon wants to retain. divest, the 2000 population was about

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186,000. The adjacent Russell County, Junior College, Calvary Christian Life See Amendment of the Commission’s Alabama (also in CMA 153) had a 2000 Ministries, the Medical Center, Inc. Rules to Establish New Personal population of about 50,000. School of Radiologic Technology, and Communications Services, Second The size disparity is important for others. It is well-known that college Report and Order, 73 RR 2d 1477, 8 FCC reasons other than the obvious need for students are prime users of mobile Rcd 7700, 7732 [1993 FCC LEXIS 6517] a customer base large enough to earn a telephones, and often use only mobile (October 22, 1993). fair return. One aspect of the phones rather than landlines. Rand McNally also rates cities competition among the wireless service b. Columbus Georgia Convention and individually based on their economic providers is the availability of attractive Trade Center provides access to 182,000 function. Columbus is a 3–AA or ‘‘major cell phone devices. For example, sq. ft. usable floor space, 27 breakout significant local business center,’’ AT&T’s ability to offer its customers the rooms, Ballrooms and Exhibit Halls. meaning it is the most important city in iPhone was a major competitive benefit c. RiverCenter for the Performing Arts the area for purposes of local business. for AT&T. The smaller wireless carriers provides regional access to the Rand McNally’s formulation of its are disadvantaged in obtaining attractive Columbus Symphony Orchestra, MTAs and BTAs, and the designation of devices, and the population disparity Broadway performances, comedy, and business centers, takes into between the CMAs Verizon will be musical entertainment. consideration whether a city or town is permitted to retain and those it is will d. Multiple hospitals, including the a natural center for shopping-goods be obligated to divest will make it that St. Francis Hospital; Columbus Doctors purchases, entertainment, education much more difficult for any new entrant Hospital; Hughston Orthopedic and medical care. See Rand McNally to obtain the customer base necessary to Hospital; and Columbus Regional Atlas, ‘‘Economic Data for the United gain access to the more desirable Medical Center, among other medical States’’, p. 48 (1984). As shown above, telephones. There are also certain facilities. Columbus serves as the center of mandates imposed by the FCC. For More importantly, Columbus is where shopping, entertainment, education and example, there must be a system of the residents of the more rural markets medical care for the Western Georgia- automatic tracking of cell phones used go for jobs, major medical procedures, Eastern Alabama area. to call 911. These mandates involve Significantly, the Columbus BTA and to market their produce and goods. substantial fixed costs, which will includes the following counties: This fact is confirmed by both pre- constitute a significant barrier to entry existing private sector analyses of the by any small provider of wireless Barbour ...... AL commercial and societal factors service, but will not be a major problem Russell ...... AL impacting areas to be divested in if the costs can be spread among a large Chattahoochee ...... GA Georgia, performed by Rand-McNally. enough customer base. For this reason Harris ...... GA The FCC uses the CMA in analyzing Marion ...... GA also, the proposed consent judgment Muscogee ...... GA allowing Verizon to keep mobile phone regulatory aspects of cellular service transactions, because long ago, cellular Quitman ...... GA assets in the more populous areas of Schley ...... GA Georgia while divesting the less licenses were awarded along CMA Stewart ...... GA populous areas will not restore the boundaries. However, these boundaries Sumter ...... GA competition lost as a result of the do not necessarily reflect the realities of Talbot ...... GA acquisition. the marketplace. In this regard, the FCC Webster ...... GA Moreover, the average household has recognized that Rand McNally’s income in the CMAs chosen for Major Trading Areas (MTAs) and Basic Of the above counties, two (Harris and divestiture by Verizon is lower than in Trading Areas (BTAs) as more Talbot) are part of the GA 6 RSA area the state as a whole or in the CMAs indicative of real-world marketplace that the proposed Final Judgment where we contend additional factors. Thus, the FCC decided to use proposes to divest. And six of the divestitures should be ordered. Median the Rand-McNally areas for certain counties (Marion, Quitman, Schley, household income in Georgia in 2004 mobile telecommunications spectrum Stewart, Sumter and Webster) are part of was $42,600. In the 6 counties in CMA auctions, stating: the GA 9 RSA area that would be 377, the median household income in We conclude that a combination of MTA divested. Another county (Barbour) is 2004 ranged from about $24,000 to and BTA service areas would promote the part of the AL 8 RSA. The remaining $33,500. In CMA 153, median rapid deployment and ubiquitous coverage of three counties (Russell, Chattahoochee household income in 2004 was $35,100 PCS and a variety of services and providers. and Muscogee) make up the Columbus in Muscogee, nearly $35,500 in We recognize that the majority of parties MSA. Thus, Rand-McNally’s analysis of Chattahoochie, and $29,600 in Russell express support for MSA/RSAs as the key economic, health and social factors County, Alabama. definition of PCS service areas. We conclude, indicates that a significant part of the however, that using MSAs/RSAs likely The inclusion of CMA 261 and CMA Columbus Basic Trading Area includes would result in unnecessary fragmentation of areas that are to be divested. The 376 in the divestiture markets, following natural markets. MTAs and BTAs were PST’s showing that these markets designed by Rand McNally based on the proposed divestiture will not only should be included, constituted a step natural flow of commerce. Specifically, the create a gap in coverage, but will leave in the right direction. However, this step trading area ‘‘boundaries have been drawn on the purchaser without the socio- does not go far enough, because the a county-line basis because most statistics economic heart of the market it is trying linchpin for the areas to be divested in relevant to marketing are published in terms to serve. This is a formula for failure as Georgia is the Columbus CMA, and of whole counties. The boundaries have been a competitor: Without the population surrounding suburban areas. In this determined after an intensive study of such contained in the Columbus MSA and factors as physiography, population regard, Columbus furnishes the surrounding suburbs such as the AL 5 distribution, newspaper circulation, and 8 RSAs and the GA 5 RSA, it will residents of markets such as the GA 6 economic activities, highway facilities, RSA and GA 9 RSA with the following: railroad service, suburban transportation, and be difficult if not impossible for the a. Nine colleges, including Columbus field reports of experienced analysts [citing purchaser to achieve the efficiencies State University, Columbus Technical Rand McNally 1992 Commercial Atlas & recognized by the Department as College, Beacon College, Meadows Marketing Guide at 39]. important to a viable operation. See

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Competitive Impact Statement at p. 16. will fail as a competitor in a relatively Prospective purchasers (other than the And without this high density, low cost short period of time; and all of the major carriers, a purchase by which population area, it will be more competitive harms to consumers that would also increase concentration) will expensive and difficult for the the Plaintiffs have concluded could have a difficult time making an purchaser to meet the FCC’s E911 and happen in the absence of another source acquisition in Georgia and Alabama and other regulatory mandates, because of competition will indeed happen. making it work. Excluding the there will be far fewer customers over The need to provide a fair opportunity Columbus area from any divestiture will which to spread the fixed costs of such to succeed is particularly necessary make it that much more difficult to compliance. Moreover, without given the current economic climate. restore competition. Credit is tight, and consumers are coverage into Columbus, the area where Conclusion a large part of the population of the resistant to spending of all kinds. divested area travel for economic, For these reasons, we urge on behalf potential problem here. Alltel provides service of PST that the Department modify the health, entertainment and other reasons, primarily in rural areas where roaming alternatives customers will see little benefit in may be limited. Removing it from the market proposed Final Judgment, to require that keeping their service with the enhances Verizon’s market power to raise roaming Verizon divest the acquired assets in purchaser.5 As a result, the purchaser rates. Verizon reassured the FCC that it will honor CMA 153, 311, 314 and 375, as well as all existing roaming contracts. That is a meaningless the other Georgia and Alabama CMAs gesture. Of course it will honor existing contracts; 5 The possibility of reaching a roaming agreement failure to do so is breach and exposes Verizon to listed in Competitive Impact Statement. for coverage of the Columbus MSA is of little litigation. The real question is whether the Sincerely, comfort. A provider’s only significant protection acquisition will affect Verizon’s incentives to enter against unreasonably high roaming fees is the into future roaming contracts at a reasonable price. David U. Fierst ability to comparison shop among multiple service Where one potential alternative source of roaming cc: Hillary B. Burchuk, DOJ, Lawrence providers in other geographic areas. Thus, any service is removed from an already-highly M. Frankel, DOJ, Jared A. Hughes, acquisition that removes a significant potential concentrated market, the answer is obvious. DOJ supplier of roaming services may increase roaming Verizon will have less incentive to offer low fees to other, smaller competitors. That is the roaming fees for future contracts. BILLING CODE 4410–11–P

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[FR Doc. E9–4341 Filed 3–2–09; 8:45 am] articles is a party to a free trade Affirmative Determinations for Worker BILLING CODE 4410–11–C agreement with the United States; Adjustment Assistance 2. The country to which the workers’ The following certifications have been firm has shifted production of the issued. The date following the company DEPARTMENT OF LABOR articles to a beneficiary country under name and location of each the Andean Trade Preference Act, determination references the impact Employment and Training African Growth and Opportunity Act, or date for all workers of such Administration the Caribbean Basin Economic Recovery determination. Act; or Notice of Determinations Regarding The following certifications have been Eligibility To Apply for Worker 3. There has been or is likely to be an issued. The requirements of Section Adjustment Assistance and Alternative increase in imports of articles that are 222(a)(2)(A) (increased imports) of the Trade Adjustment Assistance like or directly competitive with articles Trade Act have been met. which are or were produced by such TA–W–64,881; Dalmar Precision, Inc., In accordance with Section 223 of the firm or subdivision. Saegertown, PA: January 13, 2008. Trade Act of 1974, as amended (19 Also, in order for an affirmative The following certifications have been U.S.C. 2273) the Department of Labor determination to be made for issued. The requirements of Section herein presents summaries of secondarily affected workers of a firm 222(a)(2)(B) (shift in production) of the determinations regarding eligibility to and a certification issued regarding Trade Act have been met. apply for trade adjustment assistance for eligibility to apply for worker workers (TA–W) number and alternative adjustment assistance, each of the group None. trade adjustment assistance (ATAA) by eligibility requirements of Section The following certifications have been (TA–W) number issued during the 222(b) of the Act must be met. issued. The requirements of Section period of February 9 through February (1) Significant number or proportion 222(b) (supplier to a firm whose workers 13, 2009. of the workers in the workers’ firm or are certified eligible to apply for TAA) In order for an affirmative an appropriate subdivision of the firm of the Trade Act have been met. determination to be made for workers of have become totally or partially None. a primary firm and a certification issued separated, or are threatened to become The following certifications have been regarding eligibility to apply for worker totally or partially separated; adjustment assistance, each of the group issued. The requirements of Section eligibility requirements of Section (2) The workers’ firm (or subdivision) 222(b) (downstream producer for a firm 222(a) of the Act must be met. is a supplier or downstream producer to whose workers are certified eligible to I. Section (a)(2)(A) all of the following a firm (or subdivision) that employed a apply for TAA based on increased must be satisfied: group of workers who received a imports from or a shift in production to A. A significant number or proportion certification of eligibility to apply for Mexico or Canada) of the Trade Act of the workers in such workers’ firm, or trade adjustment assistance benefits and have been met. such supply or production is related to an appropriate subdivision of the firm, None. have become totally or partially the article that was the basis for such separated, or are threatened to become certification; and Affirmative Determinations for Worker totally or partially separated; (3) Either— Adjustment Assistance and Alternative B. The sales or production, or both, of (A) The workers’ firm is a supplier Trade Adjustment Assistance such firm or subdivision have decreased and the component parts it supplied for The following certifications have been absolutely; and the firm (or subdivision) described in issued. The date following the company C. Increased imports of articles like or paragraph (2) accounted for at least 20 name and location of each directly competitive with articles percent of the production or sales of the determination references the impact produced by such firm or subdivision workers’ firm; or date for all workers of such have contributed importantly to such (B) A loss or business by the workers’ determination. workers’ separation or threat of firm with the firm (or subdivision) The following certifications have been separation and to the decline in sales or described in paragraph (2) contributed issued. The requirements of Section production of such firm or subdivision; importantly to the workers’ separation 222(a)(2)(A) (increased imports) and or or threat of separation. Section 246(a)(3)(A)(ii) of the Trade Act II. Section (a)(2)(B) both of the In order for the Division of Trade have been met. following must be satisfied: Adjustment Assistance to issue a A. A significant number or proportion TA–W–64,278; Purcell Systems, certification of eligibility to apply for Spokane Valley, WA: October 13, of the workers in such workers’ firm, or Alternative Trade Adjustment an appropriate subdivision of the firm, 2007. Assistance (ATAA) for older workers, TA–W–64,584; Master Brand Cabinets, have become totally or partially the group eligibility requirements of separated, or are threatened to become Leased Workers from Express Section 246(a)(3)(A)(ii) of the Trade Act Personnel, Grants Pass, OR: totally or partially separated; must be met. B. There has been a shift in November 24, 2007. production by such workers’ firm or 1. Whether a significant number of TA–W–64,922; International Staple & subdivision to a foreign country of workers in the workers’ firm are 50 Machine Co., Butler, PA: January articles like or directly competitive with years of age or older. 18, 2009. articles which are produced by such 2. Whether the workers in the TA–W–64,924; Phelps Dodge Chino, firm or subdivision; and workers’ firm possess skills that are not Inc., Freeport-McMoran Corp, C. One of the following must be easily transferable. Hurley, NM: January 15, 2008. satisfied: 3. The competitive conditions within TA–W–65,106; Wilson Sporting Goods, 1. The country to which the workers’ the workers’ industry (i.e., conditions Team Sports Division, Sparta, TN: firm has shifted production of the within the industry are adverse). January 26, 2008.

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TA–W–65,090; eGene, Inc., A QianGen Electric Company, Wilkes-Barre, TA–W–64,831F; ATC Panels, Inc., Company, Irvine, CA: January 9, PA: January 21, 2008. Corporate Office, Gainesville, GA: 2008. TA–W–64,946; AbitibiBowater, Inc., January 7, 2008. TA–W–64,501; Masterbrand Cabinets, Calhoun Operations, Calhoun, TN: TA–W–64,831; ATC Panels, Inc., Fortune Brands, Richmond, IN: January 2, 2008. Corporate Office, Morrisville, NC: October 26, 2007. TA–W–64,951; Daimler Trucks North January 7, 2008. TA–W–64,610; Synthetics Finishing America, Portland Truck Plant, TA–W–65,022; HS Spring of Ohio, Div., Longview Plant, TSG, Inc, Portland, OR: January 21, 2008. Jefferson, OH: January 27, 2008. Hickory, NC: December 1, 2007. TA–W–64,966; Camera Dynamics, Inc., TA–W–65,088; Snoke Special Products TA–W–64,659; Crane Composites, A Division of Oconner Engineering, Co., Inc., Jacksonville, TX: February Grand Junction, TN: December 11, Costa Mesa, CA: January 20, 2009. 2, 2008. 2007. TA–W–64,973; Elcom, Inc., Yazaki The following certifications have been TA–W–64,697; Tower Automotive International Corp, El Paso, TX: issued. The requirements of Section Operations USA III, Inc., February 22, 2009. 222(b) (downstream producer for a firm TA–W–64,975; Shell Sands, Inc., Peoplelink, Traverse City, MI: whose workers are certified eligible to Cleveland, OH: January 5, 2008. December 15, 2007. apply for TAA based on increased TA–W–64,700; W.K. Industries, Inc., TA–W–64,987; Veyance Technologies, Inc., Formerly Goodyear Tire and imports from or a shift in production to Sterling Heights, MI: December 11, Mexico or Canada) and Section 2007. Rubber, Engineered Prod, Lincoln, NE: February 24, 2009. 246(a)(3)(A)(ii) of the Trade Act have TA–W–64,807; Versa Die Cast, Inc., been met. ASSAP Staffing, Golden TA–W–65,025; A.O. Smith Corporation, None. Employment & Award, New Hope, Electrical Products Division, MN: December 31, 2007. Mebane, NC: January 10, 2009. TA–W–65,134; Key Safety Restraint Negative Determinations for Alternative TA–W–64,816; Northwest Aluminum Trade Adjustment Assistance Specialties, The Dalles, OR: Systems, Knoxville Division, December 19, 2009. Knoxville, TN: February 3, 2008. In the following cases, it has been TA–W–64,701; Atmel Corporation, Test TA–W–64,854; United Knitting LP, determined that the requirements of Department, Colorado Springs, CO: Mallen Industries, Optimum 246(a)(3)(A)(ii) have not been met for December 3, 2007. Staffing, Cleveland, TN: January 9, the reasons specified. TA–W–64,860; The Modesto Bee 2008. The Department has determined that Newspaper, AD Production Group, TA–W–64,915; Mahle Clevite, Inc., criterion (1) of Section 246 has not been Modesto, CA: January 7, 2008. met. The firm does not have a Churubusco, IN: December 17, TA–W–64,942; Bestop, Inc., Broomfield, 2007. significant number of workers 50 years CO: January 24, 2009. of age or older. TA–W–64,935; Baker Hosiery, Inc., Fort TA–W–65,027; Davis-Standard LLC, Payne, AL: January 20, 2008. TA–W–64,881; Dalmar Precision, Inc., Pawcatuck, CT: January 27, 2008. Saegertown, PA. TA–W–65,007; Herringbone Shirt TA–W–65,119; Whatman, A Subsidiary Manufacturing Co., LLC, Fall River, of GE Healthcare, Sanford, ME: The Department has determined that MA: January 26, 2008. February 3, 2008. criterion (2) of Section 246 has not been TA–W–65,037; Chrysler LLC, Warren met. Workers at the firm possess skills The following certifications have been Truck Assembly Plant, Warren, MI: that are easily transferable. issued. The requirements of Section January 21, 2008. 222(b) (supplier to a firm whose workers None. TA–W–65,067; Lite-Foot Hosiery, Inc., are certified eligible to apply for TAA) The Department has determined that Fort Payne, AL: January 30, 2008. and Section 246(a)(3)(A)(ii) of the Trade criterion (3) of Section 246 has not been The following certifications have been Act have been met. met. Competition conditions within the issued. The requirements of Section TA–W–64,642; Johnstown Wire workers’ industry are not adverse. 222(a)(2)(B) (shift in production) and Technologies, Johnstown, PA: None. Section 246(a)(3)(A)(ii) of the Trade Act December 9, 2007. have been met. TA–W–64,713; Frontier Yarns, LLC, Negative Determinations for Worker TA–W–64,568; JCIM, US-LLC, Formerly Manufacturing Facility #81, Adjustment Assistance and Alternative Known as Engineered Products, Wetumpka, AL: December 16, 2007. Trade Adjustment Assistance Chicago, IL: November 7, 2007. TA–W–64,790; Futaba Indiana of In the following cases, the TA–W–64,654; Viasystems Milwaukee, America, Vincennes, IN: December investigation revealed that the eligibility Inc., 1st ST NW., Aerotek, Argus 29, 2007. criteria for worker adjustment assistance Tech, Custom Staffing, etc, Oak TA–W–64,831A; ATC Panels, Inc., have not been met for the reasons Creek, WI: December 10, 2007. Corporate Office, Greenwood, IN: specified. TA–W–64,873; Rohm and Haas January 7, 2008. Because the workers of the firm are Company, Louisville, KY: January 7, TA–W–64,831B; ATC Panels, Inc., not eligible to apply for TAA, the 2008. Corporate Office, Hickory, NC: workers cannot be certified eligible for TA–W–64,887; Pall Life Sciences, A January 7, 2008. ATAA. Division of Gelman Sciences, Ann TA–W–64,831C; ATC Panels, Inc., The investigation revealed that Arbor, MI: March 3, 2009. Corporate Office, Lititz, PA: January criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) TA–W–64,888; Schaeffler Group USA, 7, 2008. (employment decline) have not been Inc., Industrial Segment, TA–W–64,831D; ATC Panels, Inc., met. Spartanburg, SC: January 13, 2008. Corporate Office, Granger, IN: TA–W–64,914; M&Q Plastic Products, January 7, 2008. None. North Wales, PA: January 12, 2008. TA–W–64,831E; ATC Panels, Inc., The investigation revealed that TA–W–64,945; InterMetro Industries Corporate Office, Berkley Heights, criteria (a)(2)(A)(I.B.) (Sales or Corp., A Subsidiary of Emerson NJ: January 7, 2008. production, or both, did not decline)

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and (a)(2)(B)(II.B.) (shift in production The investigation revealed that Adjustment Assistance, Employment to a foreign country) have not been met. criteria of Section 222(b)(2) has not been and Training Administration, has None. met. The workers’ firm (or subdivision) instituted investigations pursuant to The investigation revealed that is not a supplier to or a downstream Section 221(a) of the Act. criteria (a)(2)(A)(I.C.) (increased producer for a firm whose workers were The purpose of each of the imports) and (a)(2)(B)(II.B.) (shift in certified eligible to apply for TAA. investigations is to determine whether production to a foreign country) have None. the workers are eligible to apply for not been met. adjustment assistance under Title II, I hereby certify that the Chapter 2, of the Act. The investigations TA–W–64,647; Trane US, Inc., aforementioned determinations were will further relate, as appropriate, to the Residential Systems Divisions, issued during the period of February 9 determination of the date on which total Tyler, IN. through February 13, 2009. Copies of or partial separations began or TA–W–64,730; Chrysler LLC, Conner these determinations are available for threatened to begin and the subdivision Avenue Assembly Plant, Detroit, inspection in Room N–5428, U.S. of the firm involved. OR. Department of Labor, 200 Constitution The petitioners or any other persons TA–W–64,840; International Paper, Avenue, NW., Washington, DC 20210 showing a substantial interest in the Cleveland Container Plant, during normal business hours or will be subject matter of the investigations may Container The Americas Division, mailed to persons who write to the request a public hearing, provided such Cleveland, TN. above address. request is filed in writing with the TA–W–64,872; Trinity North American Dated: February 23, 2009. Director, Division of Trade Adjustment Freightcar, Inc., On-Site Workers Linda G. Poole, Assistance, at the address shown below, from Human Resources Staffing, Certifying Officer, Division of Trade not later than March 13, 2009. Springfield, MI. Adjustment Assistance. Interested persons are invited to TA–W–64,957; Kyocera Wireless [FR Doc. E9–4387 Filed 3–2–09; 8:45 am] submit written comments regarding the Corporation, San Diego, MI. BILLING CODE 4510–FN–P subject matter of the investigations to The workers’ firm does not produce the Director, Division of Trade an article as required for certification Adjustment Assistance, at the address under Section 222 of the Trade Act of DEPARTMENT OF LABOR shown below, not later than March 13, 1974. 2009. Employment and Training TA–W–64,366; Hewlett Packard The petitions filed in this case are Administration Company, Design Delivery available for inspection at the Office of Organization, San Diego, WA. the Director, Division of Trade Investigations Regarding Certifications Adjustment Assistance, Employment TA–W–64,832; Photronics, Boise, NC. of Eligibility To Apply for Worker TA–W–64,965; Honeywell International and Training Administration, U.S. Adjustment Assistance and Alternative Department of Labor, Room N–5428, Systems, Turbo Technologies Trade Adjustment Assistance Division, Plymouth, MN. 200 Constitution Avenue, NW., TA–W–64,997; Los Angeles Times Petitions have been filed with the Washington, DC 20210. Communications, Advertising Secretary of Labor under Section 221(a) Signed at Washington, DC, this 20th day of Financial Services, Los Angeles, of the Trade Act of 1974 (‘‘the Act’’) and February 2009. OR. are identified in the Appendix to this Linda G. Poole, TA–W–65,104; Spectrum Industrial notice. Upon receipt of these petitions, Certifying Officer, Division of Trade Services, Inc., Minneapolis, TN. the Director of the Division of Trade Adjustment Assistance.

APPENDIX—110 TAA PETITIONS INSTITUTED BETWEEN 2/2/09 AND 2/6/09

Date of Date of TA–W Subject firm (Petitioners) Location institution petition

65056 ...... BIE Aerospace, Inc., FSI (Wkrs) ...... Marysville, WA ...... 02/02/09 01/02/09 65057 ...... Dana Holding Corporation, Sealing products Group (Comp) ...... McKenzie, TN ...... 02/02/09 01/30/09 65058 ...... Swan Finishing Company, Inc. (UNITE) ...... Fall River, MA ...... 02/02/09 01/21/09 65059 ...... Core Molding Technologies (Wkrs) ...... Colombus, OH ...... 02/02/09 01/26/09 65060 ...... International Automotive Components (Comp) ...... Sidney, OH ...... 02/02/09 02/01/09 65061 ...... Gemeinhardt, LLC (IBT) ...... Elkhart, IN ...... 02/02/09 01/29/09 65062 ...... Sequa Coatings, dba Precoat Metals (Wkrs) ...... McKeesport, PA ...... 02/02/09 01/29/09 65063 ...... Stabilus, Inc. (State) ...... Gastonia, NC ...... 02/02/09 01/23/09 65064 ...... Cypress Semiconductor Corporation (83704) ...... Boise, ID ...... 02/02/09 01/30/09 65065 ...... Yazaki North America (Wkrs) ...... Canton, MI ...... 02/02/09 01/30/09 65066 ...... Maxim Integrated Products (Comp) ...... Beaverton, OR ...... 02/02/09 01/30/09 65067 ...... Lite-Foot Hosiery, Inc. (Comp) ...... Fort Payne, AL ...... 02/02/09 01/30/09 65068 ...... Littlefuse, Inc. (State) ...... Arcola, IL ...... 02/02/09 01/30/09 65069 ...... PVH Superba/Insignia Neckwear, Inc. (Comp) ...... Los Angeles, CA ...... 02/02/09 01/30/09 65070 ...... Seco-Warwick Corporation (Wkrs) ...... Meadville, PA ...... 02/02/09 01/29/09 65071 ...... Frito Lay/Pepsi Co (Comp) ...... San Antonio, TX ...... 02/02/09 01/05/09 65072 ...... Eaton Hydraulics (Wkrs) ...... Greenwood, SC ...... 02/02/09 01/30/09 65073 ...... Yorktowne Cabinetry (Wkrs) ...... Mifflinburg, PA ...... 02/02/09 01/23/09 65074 ...... Dynamerica Manufacturing, LLC (Wkrs) ...... West Milton, OH ...... 02/02/09 01/29/09 65075 ...... Senco Products, Inc. (Comp) ...... Cincinnati, OH ...... 02/02/09 01/30/09 65076 ...... Pentair Water (Wkrs) ...... Delavan, WI ...... 02/02/09 01/15/09 65077 ...... Canesville Acoustics (Wkrs) ...... Norwalk, OH ...... 02/02/09 01/26/09 65078 ...... Thomas Lighting (Wkrs) ...... Hopkinsville, KY ...... 02/02/09 01/30/09

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APPENDIX—110 TAA PETITIONS INSTITUTED BETWEEN 2/2/09 AND 2/6/09—Continued

Date of Date of TA–W Subject firm (Petitioners) Location institution petition

65079 ...... Bowser Manufacturing Co., Inc. (Wkrs) ...... Montoursville, PA ...... 02/02/09 01/28/09 65080 ...... Santoku America, Inc. (Comp) ...... Tolleson, AZ ...... 02/02/09 01/26/09 65081 ...... LeSueur, Inc. (State) ...... LeSueur, MN ...... 02/03/09 02/02/09 65082 ...... Panel Crafters, Inc. (97503) ...... White City, OR ...... 02/03/09 01/30/09 65083 ...... HDM Showroom and Office (Comp) ...... High Point, NC ...... 02/03/09 02/02/09 65084 ...... Modine Manufacturing (Union) ...... Pemberville, OH ...... 02/03/09 02/02/09 65085 ...... Colorite Specialty Resins (USW) ...... Burlington, NJ ...... 02/03/09 01/30/09 65086 ...... Penn Racquet Sports, Inc. (State) ...... Phoenix, AZ ...... 02/03/09 02/02/09 65087 ...... Industrial Minerals, Inc. (Wkrs) ...... Blacksburg, SC ...... 02/03/09 01/28/09 65088 ...... Snoke Special Products Co., Inc. (Comp) ...... Jacksonville, TX ...... 02/03/09 02/02/09 65089 ...... Brunswick (Lund Crestliner) (State) ...... Little Falls, MN ...... 02/03/09 02/02/09 65090 ...... eGene, Inc. (Wkrs) ...... Irvine, CA ...... 02/03/09 01/09/09 65091 ...... WestPoint Home/Calhoun Falls Plant (29628) ...... Calhoun Falls, SC ...... 02/03/09 02/02/09 65092 ...... Detroit Diesel Specialty Tool Co. (Comp) ...... Cambridge, OH ...... 02/03/09 02/02/09 65093 ...... GKN (Comp) ...... Salem, IN ...... 02/03/09 02/02/09 65094 ...... Plastic Packaging, Inc. (Wkrs) ...... Aberdeen, NC ...... 02/03/09 01/15/09 65095 ...... Commercial Carving Company (Comp) ...... Thomasville, NC ...... 02/03/09 02/02/09 65096 ...... Tyco Electronics (Rep) ...... Emigsville, PA ...... 02/03/09 02/02/09 65097 ...... Admart Custom Signage (Wkrs) ...... Danville, KY ...... 02/03/09 02/02/09 65098 ...... Lineage Power Corporation (Comp) ...... Mesquite, TX ...... 02/03/09 02/02/09 65099 ...... McMurray Fabrics, Inc. (Wkrs) ...... Aberdeen, NC ...... 02/03/09 01/08/09 65100 ...... Kimball Electronics, Inc. (Comp) ...... Jasper, IN ...... 02/04/09 02/02/09 65101 ...... Kelsey Hayes Company (Comp) ...... Fowlerville, MI ...... 02/04/09 02/03/09 65102 ...... Kelsey Hayes Company (Comp) ...... Fenton, MI ...... 02/04/09 02/03/09 65103 ...... Dan Drexlmaier (Wkrs) ...... Duncan, SC ...... 02/04/09 01/29/09 65104 ...... Spectrum Industrial Services, Inc. (State) ...... Minneapolis, MN ...... 02/04/09 01/29/09 65105 ...... Safer Holding Corporation (Comp) ...... Newark, NJ ...... 02/04/09 02/03/09 65106 ...... Wilson Sporting Goods (Wkrs) ...... Sparta, TN ...... 02/04/09 01/26/09 65107 ...... Hol-Mac Corporation (Comp) ...... Bay Springs, MS ...... 02/04/09 02/03/09 65108 ...... Ingersoll Rand/Trans La Crosse (IAMAW) ...... La Crosse, WI ...... 02/04/09 02/02/09 65109 ...... Fortis Plastics, LLC (State) ...... Fort Smith, AR ...... 02/04/09 02/03/09 65110 ...... Keystone Powdered Metal Company (Comp) ...... St. Marys, PA ...... 02/04/09 02/02/09 65111 ...... BASF Corporation (Wkrs) ...... Wilmington, NC ...... 02/04/09 02/03/09 65112 ...... Vesuvius USA—Fisher IL Manufacturing Facility (Comp) ...... Fisher, IL ...... 02/04/09 02/03/09 65113 ...... Maine Woods Company, LLC (Comp) ...... Portage Lake, ME ...... 02/04/09 01/29/09 65114 ...... SPS Technology (Wkrs) ...... Waterford, MI ...... 02/04/09 02/03/09 65115 ...... TLD Ace Corporation (State) ...... Windsor, CT ...... 02/04/09 02/03/09 65116 ...... Oak Lawn Packaging, Inc. (Comp) ...... Fort Smith, AR ...... 02/04/09 02/03/09 65117 ...... Sonoco CIN-Made (USW) ...... Cincinnati, OH ...... 02/04/09 01/21/09 65118 ...... Vanity Fair Brands Knitting Facility (Comp) ...... Jackson, AL ...... 02/04/09 01/29/09 65119 ...... Whatman (State) ...... Sanford, ME ...... 02/04/09 02/03/09 65120 ...... Santee Print Works (Comp) ...... Sumter, SC ...... 02/04/09 02/03/09 65121 ...... Custom Screens, Inc. (Comp) ...... Madison, NC ...... 02/04/09 02/03/09 65122 ...... Greenbrier Rail Service (Wkrs) ...... Chicago Heights, IL ...... 02/04/09 02/02/09 65123 ...... Keytronic (Wkrs) ...... Spokane Valley, WA ...... 02/04/09 01/28/09 65124 ...... Stanley Works (State) ...... New Britain, CT ...... 02/04/09 02/03/09 65125 ...... RMKI (Wkrs) ...... Rochester Hills, MI ...... 02/04/09 01/20/09 65126 ...... Regal Beliot (MO) ...... Lebanon, MO ...... 02/04/09 02/02/09 65127 ...... MWV Calmar (Union) ...... Washington Courthouse, OH ...... 02/04/09 02/02/09 65128 ...... Longview Fibre Paper and Packaging, Inc. (Wkrs) ...... Twin Falls, ID ...... 02/05/09 01/19/09 65129 ...... Wilson-Hurd Manufacturing Co. (Wkrs) ...... Berlin, WI ...... 02/05/09 02/04/09 65130 ...... Leggett and Platt, Inc. (Comp) ...... Simpsonville, KY ...... 02/05/09 01/13/09 65131 ...... Circuit City Stores (Wkrs) ...... Muncy, PA ...... 02/05/09 02/04/09 65132 ...... Blount, Inc. (Comp) ...... Milwaukie, OR ...... 02/05/09 02/04/09 65133 ...... Chromalox/Odgen Manufacturing Company (Comp) ...... Edinboro, PA ...... 02/05/09 02/04/09 65134 ...... Key Safety Restraint Systems (Comp) ...... Knoxville, TN ...... 02/05/09 02/03/09 65135 ...... Leggett & Platt (Comp) ...... Ennis, TX ...... 02/05/09 02/04/09 65136 ...... Cummins Power Generation (State) ...... Fridley, MN ...... 02/05/09 02/05/09 65137 ...... New Page Corporation/Rumford Paper Co. (IBB) ...... Rumford, ME ...... 02/05/09 02/04/09 65138 ...... Sierra Pine Rocklin (Comp) ...... Rocklin, CA ...... 02/05/09 02/04/09 65139 ...... Weather Shield Manufacturing, Inc. (Wkrs) ...... Medford, WI ...... 02/05/09 01/28/09 65140 ...... Fred Whitaker Company (Comp) ...... Roanoke, VA ...... 02/05/09 02/04/09 65141 ...... Seagate Technology (State) ...... Bloomington, MN ...... 02/05/09 02/04/09 65142 ...... Nylon Craft of Michigan (Comp) ...... Jonesville, MI ...... 02/05/09 01/29/09 65143 ...... Goulds Pumps/ITT Industries (3561) ...... Ashland, PA ...... 02/05/09 01/21/09 65144 ...... Delphi Corporation,Electronic & Safety Division (Wkrs) ...... Auburn Hills, MI ...... 02/05/09 01/29/09 65145 ...... Hubbell Power Systems, Inc. (Wkrs) ...... Centralia, MO ...... 02/05/09 01/23/09 65146 ...... Computer Aid, Inc. (Wkrs) ...... Allentown, PA ...... 02/05/09 01/26/09 65147 ...... Bradington-Young, LLC (Wkrs) ...... Woodleaf, NC ...... 02/06/09 02/05/09 65148 ...... W. Y. Shugart & Sons, Inc. (Comp) ...... Fort Payne, AL ...... 02/06/09 02/05/09 65149 ...... HDM/Drexel Plant #7 (Comp) ...... Hickory, NC ...... 02/06/09 02/02/09

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APPENDIX—110 TAA PETITIONS INSTITUTED BETWEEN 2/2/09 AND 2/6/09—Continued

Date of Date of TA–W Subject firm (Petitioners) Location institution petition

65150 ...... Electrolux Central Vaccum Systems (Comp) ...... Webster City, IA ...... 02/06/09 02/05/09 65151 ...... Illume, aka Starlume (Comp) ...... Bloomington, MN ...... 02/06/09 02/04/09 65152 ...... CCL Container (Comp) ...... Hermitage, PA ...... 02/06/09 02/05/09 65153 ...... Rockwell Automation (Wkrs) ...... Richland Center, WI ...... 02/06/09 02/05/09 65154 ...... CME, LLC (Wkrs) ...... Mt. Pleasant, MI ...... 02/06/09 02/05/09 65155 ...... Bledsoe Construction, Inc. (Comp) ...... Boise, ID ...... 02/06/09 02/05/09 65156 ...... Friction, LLC (Comp) ...... Greenwood, MS ...... 02/06/09 02/06/09 65157 ...... Alcoa, Tennessee Operations (AFLCIO) ...... Alcoa, TN ...... 02/06/09 02/05/09 65158 ...... Gulistan Carpet (Comp) ...... Aberdeen, NC ...... 02/06/09 02/05/09 65159 ...... Chrysler Sterling Heights Assembly Plant (UAW) ...... Sterling Heights, MI ...... 02/06/09 02/04/09 65160 ...... Hutchinson Technology, Inc. (State) ...... Hutchinson, MN ...... 02/06/09 02/05/09 65161 ...... TG Missouri Corporation (Comp) ...... Perryville, MO ...... 02/06/09 02/05/09 65162 ...... Dana Holding Corporation (AFLCIO) ...... Humboldt, TN ...... 02/06/09 02/05/09

[FR Doc. E9–4386 Filed 3–2–09; 8:45 am] II. Section (a)(2)(B) both of the certification of eligibility to apply for BILLING CODE 4510–FN–P following must be satisfied: trade adjustment assistance benefits and A. A significant number or proportion such supply or production is related to of the workers in such workers’ firm, or the article that was the basis for such DEPARTMENT OF LABOR an appropriate subdivision of the firm, certification; and have become totally or partially (3) Either— Employment and Training separated, or are threatened to become (A) The workers’ firm is a supplier Administration totally or partially separated; and the component parts it supplied for B. There has been a shift in the firm (or subdivision) described in Notice of Determinations Regarding production by such workers’ firm or paragraph (2) accounted for at least 20 Eligibility To Apply for Worker subdivision to a foreign country of percent of the production or sales of the Adjustment Assistance and Alternative articles like or directly competitive with workers’ firm; or Trade Adjustment Assistance articles which are produced by such (B) A loss of business by the workers’ In accordance with Section 223 of the firm or subdivision; and firm with the firm (or subdivision) Trade Act of 1974, as amended (19 C. One of the following must be described in paragraph (2) contributed U.S.C. 2273) the Department of Labor satisfied: importantly to the workers’ separation herein presents summaries of 1. The country to which the workers’ or threat of separation. determinations regarding eligibility to firm has shifted production of the In order for the Division of Trade apply for trade adjustment assistance for articles is a party to a free trade Adjustment Assistance to issue a workers (TA–W) number and alternative agreement with the United States; certification of eligibility to apply for trade adjustment assistance (ATAA) by 2. The country to which the workers’ Alternative Trade Adjustment (TA–W) number issued during the firm has shifted production of the Assistance (ATAA) for older workers, period of February 2 through February articles to a beneficiary country under the group eligibility requirements of 6, 2009. the Andean Trade Preference Act, Section 246(a)(3)(A)(ii) of the Trade Act In order for an affirmative African Growth and Opportunity Act, or must be met. determination to be made for workers of the Caribbean Basin Economic Recovery 1. Whether a significant number of a primary firm and a certification issued Act; or workers in the workers’ firm are 50 regarding eligibility to apply for worker 3. There has been or is likely to be an years of age or older. adjustment assistance, each of the group increase in imports of articles that are 2. Whether the workers in the eligibility requirements of Section like or directly competitive with articles workers’ firm possess skills that are not 222(a) of the Act must be met. which are or were produced by such easily transferable. I. Section (a)(2)(A) all of the following firm or subdivision. 3. The competitive conditions within must be satisfied: Also, in order for an affirmative the workers’ industry (i.e., conditions A. A significant number or proportion determination to be made for within the industry are adverse). of the workers in such workers’ firm, or secondarily affected workers of a firm Affirmative Determinations for Worker an appropriate subdivision of the firm, and a certification issued regarding Adjustment Assistance have become totally or partially eligibility to apply for worker separated, or are threatened to become adjustment assistance, each of the group The following certifications have been totally or partially separated; eligibility requirements of Section issued. The date following the company B. The sales or production, or both, of 222(b) of the Act must be met. name and location of each such firm or subdivision have decreased (1) Significant number or proportion determination references the impact absolutely; and of the workers in the workers’ firm or date for all workers of such C. Increased imports of articles like or an appropriate subdivision of the firm determination. directly competitive with articles have become totally or partially The following certifications have been produced by such firm or subdivision separated, or are threatened to become issued. The requirements of Section have contributed importantly to such totally or partially separated; 222(a)(2)(A) (increased imports) of the workers’ separation or threat of (2) The workers’ firm (or subdivision) Trade Act have been met. separation and to the decline in sales or is a supplier or downstream producer to None. production of such firm or subdivision; a firm (or subdivision) that employed a The following certifications have been or group of workers who received a issued. The requirements of Section

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222(a)(2)(B) (shift in production) of the TA–W–64,953A; Bloomsburg Mills, Inc., Operations Clearwater Loaders, Trade Act have been met. Monroe Div., Staffing Solutions, Seaford, DE: January 13, 2008. None. Monroe, NC: January 6, 2009. TA–W–64,938; Sonoco Products TA–W–64,953; Bloomsburg Mills, Inc., Company, Rockton, IL: January 14, The following certifications have been Bloomsburg Div., Staffing Solutions, 2008. issued. The requirements of Section Bloomsburg, PA: January 6, 2009. TA–W–65,024; Printronix, including 222(b) (supplier to a firm whose workers TA–W–64,506; International Paper Temploy and Select Staffing, Irvine, are certified eligible to apply for TAA) Company Weyerhaeuser Co, CA: January 27, 2008. of the Trade Act have been met. Containerboard Div., Valliant, OK: TA–W–65,117; Sonoco CIN-Made Rigid None. November 14, 2007. Paper and Plastics, Cincinnati, OH: The following certifications have been TA–W–64,786; Schott Gemtron, January 21, 2008. issued. The requirements of Section Vincennes, IN: December 22, 2007. TA–W–64,740; LSP Products Group 222(b) (downstream producer for a firm TA–W–64,619; Chrysler LLC, Twinsburg NCH Corp., Carson City, NV: whose workers are certified eligible to Stamping Plant, Twinsburg, OH: December 18, 2007. apply for TAA based on increased December 2, 2007. TA–W–64,750; Bush Industries, Inc. imports from or a shift in production to TA–W–64,736; True Textiles, Inc., Express and Labor Ready, Erie, PA: Mexico or Canada) of the Trade Act Formerly Knows As Interface January 26, 2009. have been met. Fabric, Guilford, ME: December 15, TA–W–64,778; Hamilton Sundstrand None. 2007. Aerospace Propulsion Systems Div., TA–W–64,779; Diversified Contract Windsor Locks, CT: December 23, Affirmative Determinations for Worker Services Line Logistics, Fenton, MO: 2007. Adjustment Assistance and Alternative December 10, 2007. TA–W–64,803; Fort Worth Star Trade Adjustment Assistance TA–W–65,040; New N&W Sewing Telegram AD Design Division, Company, San Francisco, CA: McClatchy Company, Fort Worth, The following certifications have been January 16, 2008. TX: December 26, 2007. issued. The date following the company TA–W–64,813; Gerber Scientific, Inc., name and location of each The following certifications have been Tolland, CT: January 5, 2008. determination references the impact issued. The requirements of Section TA–W–64,857; Huhtamaki Flexibles, date for all workers of such 222(a)(2)(B) (shift in production) and Inc., Malvern, PA: January 9, 2008. determination. Section 246(a)(3)(A)(ii) of the Trade Act have been met. TA–W–64,897; Sanford Holland The following certifications have been Employment, Lewisburg, TN: issued. The requirements of Section TA–W–64,468; MRV Communications January 15, 2008. 222(a)(2)(A) (increased imports) and Boston Division, Littleton, MA: November 17, 2007. TA–W–64,936; Casco Products Sequa Section 246(a)(3)(A)(ii) of the Trade Act Carlyle Group Division, Marks, MS: have been met. TA–W–64,534; Siemens Energy and Automation, Inc., Residential January 20, 2008. TA–W–64,751; Leon Max, Inc., TA–W–64,941; Southworth International Pasadena, CA: December 16, 2007. Products Division, El Paso, TX: November 19, 2007. Group Southworth Products, TA–W–64,842; American and Efird, Inc., TA–W–64,554; Winchester Electronics Welders & Assemblers, Manila, AR: Nelson Plant 2, Mount Holly, NC: Corporation Corporate Office, January 20, 2008. January 8, 2008. leased workers Talent Tree and TA–W–64,943; Versa-Matic Pump Inc. TA–W–64,882; Amphenol TCS Outsource, Wallingford, CT: Robert Half, Account Temps, Microtech and Triton Staffing, November 26, 2007. Callos, Carol Harris etc, Export, PA: Nashua, NH: January 5, 2008. TA–W–64,587; Allen Edmonds Shoe January 16, 2008. TA–W–65,054; GE Security Supply Company Allen Edmonds, Port TA–W–64,954; ZF Boge Elastametall, Chain Tualatin Div. of GE Security, Washington, WI: December 3, 2009. LLC Rubber-Metal Technology Div., Inc., Tualatin, OR: January 29, TA–W–64,628; Kelsey-Hayes Company Trillium Staffing, Paris, IL: January 2008. TRW Automotive Holdings Corp, 21, 2008. TA–W–65,055; National Copper Livonia, MI: December 8, 2007. TA–W–64,976; General Building Products, Inc. National Tube TA–W–64,777; Adgraphics USA Taylor Corporation, Aerotek, Action Holding, Dowagiac, MI: January 27, Corporation, Hugo, MN: December Temps, Paramount Staffing, 2008. 23, 2007. Addison, IL: January 22, 2008. TA–W–65,079; Bowser Manufacturing TA–W–64,829; Cooper Tire and Rubber TA–W–65,026; ADO Corporation, Co., Inc., Montoursville, PA: Company, Albany, GA: January 5, Spartanburg, SC: January 26, 2008. January 28, 2008. 2008. The following certifications have been TA–W–64,198; Cranston Print Works TA–W–64,830; Philips Lumileds issued. The requirements of Section Company Webster Division, Lighting Company Wafer 222(b) (supplier to a firm whose workers Webster, MA: August 23, 2008. Fabrication Div., San Jose, CA: are certified eligible to apply for TAA) TA–W–64,496; Hatteras Yachts January 7, 2008. and Section 246(a)(3)(A)(ii) of the Trade Brunswick Corporation, New Bern, TA–W–64,845; Reach Road Act have been met. NC: November 20, 2007. Manufacturing Corp., Williamsport, TA–W–64,564; Brose Chicago, People TA–W–64,626; Moldex Corporation, PA: March 15, 2008. Link, Chicago, IL: November 7, Meadville, PA: December 5, 2007. TA–W–64,883; Celestica Adecco, 2007. TA–W–64,678; Washers, Inc., Specialty Aerotek, Purchasing Professionals, TA–W–64,696; Emcon Technologies Processing, dba Alpha Stamping, Arden Hills, MN: January 13, 2008. Dexter, MO: December 15, 2007. Livonia, MI: December 11, 2007. TA–W–64,884; White Rodgers Emerson, TA–W–64,715A; Cadence Innovation, TA–W–64,800; Flex Y Plan Industries, Batesville, AR: February 9, 2009. LLC Metrology Location Including Inc., Fairview, PA: December 30, TA–W–64,931; INVISTA S.A.R.L. Michigan Staffing, Modern 2007. Mundy Maintenance, Services and Professional and TAC

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Transportation, Chesterfield Columbus, Columbus, GA: (employment decline) have not been Township, MI: December 15, 2007. December 3, 2007. met. TA–W–64,715B; Cadence Innovation, TA–W–64,904A; R.L. Stowe Mills, Inc., TA–W–64,636; Future Electronics LLC, Chesterfield Plant Including Helms Plant, Belmont, NC: January Corporation, Golden, CO. Michigan Staffing, Modern 13, 2008. The investigation revealed that Professional and TAC TA–W–64,904B; R.L. Stowe Mills, Inc., criteria (a)(2)(A)(I.B.) (Sales or Transportation, Chesterfield Chattanooga Plant, Chattanooga, production, or both, did not decline) Township, MI: December 15, 2007. TN: January 13, 2008. and (a)(2)(B)(II.B.) (shift in production TA–W–64,715C; Cadence Innovation, TA–W–64,904; R.L. Stowe Mills, Inc., to a foreign country) have not been met. LLC, Information Systems National Plant, Belmont, NC: TA–W–64,795; Appleton Papers, Inc., Technology, Including Michigan January 13, 2008. Appleton, WI. Staffing, Modern Professional and TA–W–64,920; Heritage Products, Inc., TAC Transportation, Chesterfield Crawfordsville, IN: January 15, The investigation revealed that Township, MI: December 15, 2007. 2008. criteria (a)(2)(A)(I.C.) (increased TA–W–64,715D; Cadence Innovation, TA–W–65,042; Craftwood, Inc., High imports) and (a)(2)(B)(II.B.) (shift in LLC, Hillsdale Plant and Including Point, NC: January 29, 2008. production to a foreign country) have Michigan Staffing, Modern TA–W–65,053; Tenneco, Inc., NAOERC not been met. Professional and TAC Division, Hartwell, GA: January 29, TA–W–64,360; Mead Westvaco Transportation, Hillsdale, MI: 2008. Corporation, Consumer and Office December 15, 2007. The following certifications have been Products Division, Enfield, CT. TA–W–64,715E; Cadence Innovation, issued. The requirements of Section TA–W–64,462; Foamex, LP, Corry, PA. LLC, Hartford Plant and Including 222(b) (downstream producer for a firm TA–W–64,492; GTP Greenville, Inc., Michigan Staffing, Modern whose workers are certified eligible to Greenville, SC. Professional and TAC apply for TAA based on increased TA–W–64,525; Stamford Industrial Transportation, Hartford City, MI: imports from or a shift in production to Group, dba Concord Steele, Warren, December 15, 2007. Mexico or Canada) and Section OH. TA–W–64,715F; Cadence Innovation, 246(a)(3)(A)(ii) of the Trade Act have TA–W–64,548; Stuart Flooring LLC, 17400 Malyn Street, Including been met. Corporation, Stuart, VA. TA–W–64,658; Fleetwood Motor Homes Michigan Staffing, Modern None. Professional and TAC of Pennsylvania, Inc., Fleetwood Transportation, Fraser, MI: Negative Determinations for Alternative Enterprises, Paxinos, PA. December 15, 2007. Trade Adjustment Assistance TA–W–64,772A; East Tennessee Zinc TA–W–64,715G; Cadence Innovation, In the following cases, it has been Company, Coy Mine, Jefferson City, LLC, 17350 Malyn Street, Including determined that the requirements of TN. Michigan Staffing, Modern 246(a)(3)(A)(ii) have not been met for TA–W–64,772B; East Tennessee Zinc Professional and TAC the reasons specified. Company, Immel Mine, Mascot, TN. Transportation, Fraser, MI: The Department has determined that TA–W–64,772; East Tennessee Zinc December 15, 2007. criterion (1) of Section 246 has not been Company, Young Mine and Corp. TA–W–64,715H; Cadence Innovation, met. The firm does not have a Office, Strawberry Plains, TN. 17300 Malyn Street, Including significant number of workers 50 years TA–W–64,810; Legere Group, Ltd., Michigan Staffing, Modern of age or older. Avon, CT. TA–W–64,858; Wabash Alloys, LLC, Professional and TAC None. Transportation, Fraser, MI: Aleris International, Tipton, IN. December 15, 2007. The Department has determined that TA–W–64,947; Philip Morris USA, criterion (2) of Section 246 has not been TA–W–64,715I; Cadence Innovation, Cabarrus Manufacturing Plant, met. Workers at the firm possess skills LLC, Processing Center, Including Altria Group, Concord, NC. that are easily transferable. Michigan Staffing, Modern TA–W–64,220; Oddi Atlantic LLC, Professional and TAC None. Princess Ann, MD. Transportation, Fraser, MI: The Department has determined that The workers’ firm does not produce December 15, 2007. criterion (3) of Section 246 has not been an article as required for certification TA–W–64,715J; Cadence Innovation, met. Competition conditions within the under Section 222 of the Trade Act of LLC, Commerce Location, Including workers’ industry are not adverse. 1974. Michigan Staffing, Modern None. TA–W–64,591; Gensym Corporation, Professional and TAC Versata Enterprises, Inc., Transportation, Fraser, MI: Negative Determinations for Worker Burlington, MA. December 15, 2007. Adjustment Assistance and Alternative TA–W–64,687; Delaware Valley TA–W–64,715; Cadence Innovation, Trade Adjustment Assistance Financial Services, Allianz Life LLC, Groesbeck Plant, Including In the following cases, the Insurance Company of North Michigan Staffing, Modern investigation revealed that the eligibility America, Berwyn, PA. Professional and TAC criteria for worker adjustment assistance TA–W–64,703; 5R Processors, Ltd, Transportation, Clinton Township, have not been met for the reasons Ladysmith, WI. MI: December 15, 2007. specified. TA–W–64,785; Wallenius Wilhelmsen TA–W–64,761A; Swift Spinning, Inc., Because the workers of the firm are Logistics America, Woodcliff Lake, Blackstreet Capital Partners, CYD not eligible to apply for TAA, the NJ. Plant, Columbus, GA: December 3, workers cannot be certified eligible for TA–W–64,809; S & B Industry 2007. ATAA. Technologies, L.P., Fort Worth, TX. TA–W–64,761; Swift Spinning, Inc., The investigation revealed that TA–W–64,822; Pulaski Furniture Blackstreet Capital Partners, East criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) Corporation, A Division of Home

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Meridian International, Pulaski, Alternative Trade Adjustment DEPARTMENT OF LABOR VA. Assistance on May 1, 2007, applicable TA–W–64,893; Dreamer Design, to workers of Eaton Aviation Employment and Training Yakima, WA. Corporation, Aviation and Aerospace Administration TA–W–64,940; Long Equipment Components, Aurora, Colorado. The [TA–W–61,811] Company, Division of Farmtrac notice was published in the Federal North America, LLC, Tarboro, ND. Register on May 17, 2007 (72 FR 27854). Micron Technology, Inc., Research and TA–W–64,995; Alleghany Warehouse The certification was amended on July Development and Manufacturing, Company, Richmond, VA. 15, 2008 to include on-site leased Including Onsite Leased Workers From TA–W–64,998; Oce Business Services, workers from Aorist Enterprises. The Kelly Services, SOS, Manpower, Vot, Records Compliance and Legal notice was published in the Federal Volt Technical, Fujitsu, Aerotek, Tek Solutions, Bountiful, UT. Register on July 28, 2008 (73 FR 43788) Systems and Bledsoe Construction, TA–W–64,999; Twin Hills, Inc., Hickory, Inc., Boise, ID; Amended Certification KY. At the request of the State agency, the Department reviewed the certification Regarding Eligibility To Apply for TA–W–65,011; Chase Auto Finance Worker Adjustment Assistance and Corporation, Customer Services, JP for workers of the subject firm. The workers are engaged in the production Alternative Trade Adjustment Morgan Chase and Co., Garden Assistance City, NY. of aviation and aerospace parts and components. The investigation revealed that In accordance with Section 223 of the criteria of Section 222(b)(2) has not been New information shows that workers Trade Act of 1974 (19 U.S.C. 2273), and met. The workers’ firm (or subdivision) leased from Aerotek, Inc. were Section 246 of the Trade Act of 1974 (26 is not a supplier to or a downstream employed on-site at the Aurora, U.S.C. 2813), as amended, the producer for a firm whose workers were Colorado location of Eaton Aviation Department of Labor issued a certified eligible to apply for TAA. Corporation, Aviation and Aerospace Certification of Eligibility to Apply for TA–W–64,384; Timken Company, Components. The Department has Worker Adjustment Assistance and Dahlonega, GA. determined that these workers were Alternative Trade Adjustment sufficiently under the control of the Assistance on September 13, 2007, I hereby certify that the subject firm to be considered leased applicable to workers of Micron aforementioned determinations were workers. Technology, Inc., Research and issued during the period of February 2 Development and Manufacturing, Boise, through February 6, 2009. Copies of Based on these findings, the Idaho. The notice was published in the these determinations are available for Department is amending this Federal Register on September 27, 2007 inspection in Room N–5428, U.S. certification to include workers leased (72 FR 54939). Department of Labor, 200 Constitution from Aerotek, Inc. working on-site at the New information shows that workers Avenue, NW., Washington, DC 20210 Aurora, Colorado location of the subject leased workers from Bledsoe during normal business hours or will be firm. Construction, Inc. were employed on- mailed to persons who write to the The intent of the Department’s site at the Boise, Idaho location of above address. certification is to include all workers Micron Technology, Inc., Research and Dated: February 23, 2009. employed at Eaton Aviation Development and Manufacturing, Boise, Linda G. Poole, Corporation, Aviation and Aerospace Idaho. The Department has determined Certifying Officer, Division of Trade Components who were adversely that these workers were sufficiently Adjustment Assistance. affected by a shift in production of under the control of Micron [FR Doc. E9–4388 Filed 3–2–09; 8:45 am] aviation and aerospace parts and Technology, Inc., Research and components to Mexico. BILLING CODE 4510–FN–P Development and Manufacturing, Boise, The amended notice applicable to Idaho to be considered leased workers. TA–W–60,965 is hereby issued as Based on these findings, the DEPARTMENT OF LABOR follows: Department is amending this All workers producing aviation and certification to include workers leased Employment and Training from Bledsoe Construction, Inc. working Administration aerospace parts and components at Eaton Aviation Corporation, Aurora, Colorado, or on-site at the Boise, Idaho location of [TA–W–60,965] engaged in the support of such production the subject firm. including on-site leased workers of Aorist The intent of the Department’s Eaton Aviation Corporation, Aviation Enterprises, Inc. and Aerotek, Inc. (TA–W– certification is to include all workers and Aerospace Components, Including 60,965), who became totally or partially employed at Micron Technology, Inc., On-Site Leased Workers From Aorist separated from employment on or after Research and Development and Enterprises, Inc. and Aerotek, Inc., February 13, 2006, through May 1, 2009, are Manufacturing, Boise, Idaho who were Aurora, CO; Amended Certification eligible to apply for adjustment assistance adversely affected by increased imports Regarding Eligibility To Apply for under Section 223 of the Trade Act of 1974, of memory chips. Worker Adjustment Assistance and and are also eligible to apply for alternative The amended notice applicable to Alternative Trade Adjustment trade adjustment assistance under Section TA–W–61,811 is hereby issued as Assistance 246 of the Trade Act of 1974. follows: In accordance with Section 223 of the Signed at Washington, DC, this 17th day of All workers of Micron Technology, Inc., Trade Act of 1974 (19 U.S.C. 2273), and February 2009. Research and Development and Richard Church, Manufacturing, Boise, Idaho, including on- Section 246 of the Trade Act of 1974 (26 site leased workers of Kelly Services, SOS, Certifying Officer, Division of Trade U.S.C. 2813), as amended, the Manpower, Volt, Vot Technical, Fujitsu, Adjustment Assistance. Department of Labor issued a Aerotek, Tek Systems and Bledsoe Certification of Eligibility to Apply for [FR Doc. E9–4390 Filed 3–2–09; 8:45 am] Construction, Inc., who became totally or Worker Adjustment Assistance and BILLING CODE 4510–FN–P partially separated from employment on or

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after July 9, 2006, through September 13, New information received from a Worker Adjustment Assistance and 2009, are eligible to apply for adjustment company official shows that workers Alternative Trade Adjustment assistance under Section 223 of the Trade Act separated from employment at the Assistance on September 22, 2008, of 1974 and are also eligible to apply for subject firm had their wages reported alternative trade adjustment assistance under applicable to workers of Trim Masters, Section 246 of the Trade Act of 1974. under a separate unemployment Inc., Automotive Technology Systems insurance (UI) tax account for Tekonsha Division Lawrenceville, Illinois. The Signed at Washington, DC, this 19th day of Towing. notice was published in the Federal February 2009. Accordingly, the Department is Richard Church, Register on October 8, 2008 (73 FR amending this certification to properly 58981). Certifying Officer, Division of Trade reflect this matter. Adjustment Assistance. The intent of the Department’s At the request of the State agency, the [FR Doc. E9–4392 Filed 3–2–09; 8:45 am] certification is to include all workers of Department reviewed the certification BILLING CODE 4510–FN–P the subject firm who were adversely for workers of the subject firm. The affected by increased imports of brake workers are engaged in the production controls, breakaway knits and lights. of automotive interior door panels and DEPARTMENT OF LABOR The amended notice applicable to seats. TA–W–63,880, TA–W–63,880A, TA–W– Employment and Training New information shows that workers 63,880B, TA–W–63,880C, TA–W– leased from Employment Plus and Administration 63,880D and TA–W–63,880E are hereby Modern Personnel were employed on- issued as follows: [TA–W–63,880] site at the Lawrenceville, Illinois All workers of Cequent Electrical Products, Amended Certification Regarding location of Trim Masters, Inc., Inc., formerly known as Tekonsha Towing, Automotive Technology Systems Eligibility To Apply for Worker Tekonsha, Michigan, including employees in Adjustment Assistance and Alternative support of Cequent Electrical Products, Inc., Division. The Department has Trade Adjustment Assistance formerly known as Tekonsha Towing, determined that these workers were Tekonsha, Michigan working out of sufficiently under the control of Trim Cequent Electrical Products, Inc., Washougal, Washington (TA–W–63,880A), Masters, Inc., Automotive Technology Formerly Known as Tekonsha Towing, West Linn, Oregon (TA–W–63,880B), Systems Division to be considered Tekonsha, Michigan; Including Temecula, California (TA–W–63,880C), leased workers. Employees in Support of Cequent Urbandale, Iowa (TA–W–63,880D), and Electrical Products, Inc., Formerly Weston, Wisconsin (TA–W–63,880E), who Based on these findings, the Known as Tekonsha Towing, Tekonsha, became totally or partially separated from Department is amending this Michigan, Working in the Following employment on or after August 6, 2007, certification to include workers leased through November 26, 2010, are eligible to Locations: from Employment Plus and Modern apply for adjustment assistance under Personnel working on-site at the TA–W–63,880A, Washougal, Section 223 of the Trade Act of 1974, and are Washington. also eligible to apply for alternative trade Lawrenceville, Illinois location of the TA–W–63,880B, West Linn, Oregon. adjustment assistance under Section 246 of subject firm. TA–W–63,880C, Temecula, California. the Trade Act of 1974. The intent of the Department’s TA–W–63,880D, Urbandale, Iowa. Signed at Washington, DC this 18th day of certification is to include all workers TA–W–63,880E, Weston, Wisconsin. February 2009. employed at Trim Masters, Inc., In accordance with Section 223 of the Elliott S. Kushner, Automotive Technology Systems Trade Act of 1974 (19 U.S.C. 2273), and Certifying Officer, Division of Trade Division, Lawrenceville, Illinois who Section 246 of the Trade Act of 1974 (26 Adjustment Assistance. were secondarily affected by increased U.S.C. 2813), as amended, the [FR Doc. E9–4395 Filed 3–2–09; 8:45 am] imports of automotive interior door Department of Labor issued a BILLING CODE 4510–FN–P panels and seats. Certification of Eligibility to Apply for Worker Adjustment Assistance and The amended notice applicable to TA–W–63,971 is hereby issued as Alternative Trade Adjustment DEPARTMENT OF LABOR Assistance on November 26, 2008, follows: applicable to workers of Cequent Employment and Training All workers of Trim Masters, Inc., Electrical Products, Inc., Tekonsha, Administration Automotive Technology Systems Division, Michigan. The notice was published in [TA–W–63,971] including on-site leased workers from the Federal Register on December 10, Employment Plus and Modern Personnel, 2008 (73 FR 75137). The certification Trim Masters, Inc., Automotive Lawrenceville, Illinois, who became totally was amended on December 24, 2008 to Technology Systems Division, or partially separated from employment on or include employees in support of the Including On-Site Leased Workers after September 2, 2007 through September subject firm working in Washougal, From Employment Plus and Modern 22, 2010, are eligible to apply for adjustment Washington, West Linn, Oregon, Personnel, Lawrenceville, IL; Amended assistance under Section 223 of the Trade Act Temecula, California, Urbandale, Iowa Certification Regarding Eligibility To of 1974, and are also eligible to apply for and Weston, Wisconsin. The notice was Apply for Worker Adjustment alternative trade adjustment assistance under published in the Federal Register on Assistance and Alternative Trade Section 246 of the Trade Act of 1974. January 2, 2009 (74 FR 465–466). Adjustment Assistance Signed at Washington, DC this 18th day of At the request of the State agency, the February 2009. Department reviewed the certification In accordance with Section 223 of the for workers of the subject firm. The Trade Act of 1974 (19 U.S.C. 2273), and Richard Church, workers are engaged in the production Section 246 of the Trade Act of 1974 (26 Certifying Officer, Division of Trade of brake controls, breakaway kits and U.S.C. 2813), as amended, the Adjustment Assistance. lights for the automotive and trailer Department of Labor issued a [FR Doc. E9–4396 Filed 3–2–09; 8:45 am] industries. Certification of Eligibility to Apply for BILLING CODE 4510–FN–P

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DEPARTMENT OF LABOR All workers of Broyhill Furniture Industries, Inc., Corporate Office, a Industries, Lenoir Chair #5, aka Taylorsville subsidiary of Furniture Brands Employment and Training Plant, including on-site leased workers from International, Inc. The Department has Administration Onin Staffing, formerly Mulberry Group, determined that these workers were Quick Temps/Temps USA and ESI [TA–W–64,129] Employment Staffing, Taylorsville, North sufficiently under the control of Carolina, who became totally or partially Broyhill Furniture Industries, Inc., Broyhill Furniture Industries, Inc., separated from employment on or after Corporate Office, a subsidiary of Lenoir Chair #5, aka Taylorsville Plant, September 26, 2007 through November 19, Furniture Brands International, Inc. to Including On-Site Leased Workers 2010, are eligible to apply for adjustment be considered leased workers. From Onin Staffing, Formerly Mulberry assistance under Section 223 of the Trade Act Based on these findings, the Group, Quick Temps/Temps USA and of 1974, and are also eligible to apply for Department is amending this ESI Employment Staffing, Taylorsville, alternative trade adjustment assistance under certification to include workers leased Section 246 of the Trade Act of 1974. NC; Amended Certification Regarding from Onin Staffing formerly Mulberry Eligibility To Apply for Worker Signed at Washington, DC, this 18th day of Group, Foothills Temp Employment and Adjustment Assistance and Alternative February 2009. Accountemps working on-site at the Trade Adjustment Assistance Elliott S. Kushner, Lenoir, North Carolina location of the Certifying Officer, Division of Trade subject firm. In accordance with Section 223 of the Adjustment Assistance. The intent of the Department’s Trade Act of 1974 (19 U.S.C. 2273), and [FR Doc. E9–4399 Filed 3–2–09; 8:45 am] certification is to include all workers Section 246 of the Trade Act of 1974 (26 BILLING CODE 4510–FN–P employed at Broyhill Furniture U.S.C. 2813), as amended, the Industries, Inc., Corporate Office, a Department of Labor issued a subsidiary of Furniture Brands Certification of Eligibility to Apply for DEPARTMENT OF LABOR International, Inc. who were adversely Worker Adjustment Assistance and affected by increased imports of Alternative Trade Adjustment Employment and Training residential upholstered furniture. Assistance on November 19, 2008, Administration The amended notice applicable to TA- applicable to workers of Broyhill [TA–W–64,478] W–64,478 is hereby issued as follows: Furniture Industries, Inc., Lenoir Chair All workers of Broyhill Furniture #5, aka Taylorsville Plant, Taylorsville, Broyhill Furniture Industries, Inc. Industries, Inc., Corporate Office, a North Carolina. The notice was Corporate Office, a Subsidiary of subsidiary of Furniture Brands International, published in the Federal Register on Furniture Brands International, Inc., Inc., including on-site leased workers from December 10, 2008 (73 FR 75135). Including On-Site Leased Workers Onin Staffing, formerly Mulberry Group, At the request of a company official, From Onin Staffing, Formerly Mulberry Foothills Temp Employment and the Department reviewed the Accountemps, Lenoir, North Carolina, who Group, Foothills Temp Employment became totally or partially separated from certification for workers of the subject and Accountemps, Lenoir, NC; firm. The workers are engaged in the employment on or after November 18, 2007 Amended Certification Regarding through December 2, 2010, are eligible to production of residential upholstered Eligibility To Apply for Worker apply for adjustment assistance under furniture. Adjustment Assistance and Alternative Section 223 of the Trade Act of 1974, and are New information shows that workers Trade Adjustment Assistance also eligible to apply for alternative trade leased from Onin Staffing, formerly adjustment assistance under Section 246 of Mulberry Group, Quick Temps/Temps In accordance with Section 223 of the the Trade Act of 1974. USA and ESI Employment Staffing were Trade Act of 1974 (19 U.S.C. 2273), and Signed at Washington, DC, this 18th day of employed on-site at the Taylorsville, Section 246 of the Trade Act of 1974 (26 February 2009. North Carolina location of Broyhill U.S.C. 2813), as amended, the Elliott S. Kushner, Furniture Industries, Inc., Lenoir Chair Department of Labor issued a Certifying Officer, Division of Trade #5, aka Taylorsville Plant. The Certification of Eligibility to Apply for Adjustment Assistance. Department has determined that these Worker Adjustment Assistance and [FR Doc. E9–4400 Filed 3–2–09; 8:45 am] Alternative Trade Adjustment workers were sufficiently under the BILLING CODE 4510–FN–P control of Broyhill Furniture Industries, Assistance on December 2, 2008, Inc., Lenoir Chair #5, aka Taylorsville applicable to workers of Broyhill Plant to be considered leased workers. Furniture Industries, Inc., Corporate DEPARTMENT OF LABOR Based on these findings, the Office, a subsidiary of Furniture Brands Department is amending this International, Inc., Lenoir, North Employment and Training certification to include workers leased Carolina. The notice was published in Administration from Onin Staffing formerly Mulberry the Federal Register on December 18, [TA–W–61,226] Group, Quick Temps/Temps USA and 2008 (73 FR 77067). ESI Employment Staffing working on- At the request of a company official, Delphi Corporation, Automotive site at the Taylorsville, North Carolina the Department reviewed the Holding Group, Instrument Cluster location of the subject firm. certification for workers of the subject Plant, Currently Known as General The intent of the Department’s firm. The workers are engaged in Motors Corporation, Including On-Site certification is to include all workers support activities related to the Leased Workers From Securitas, EDS, employed at Broyhill Furniture production of residential upholstered Bartech and Mays Chemicals, Flint, MI; Industries, Inc., Lenoir Chair #5, aka furniture. Amended Certification Regarding Taylorsville Plant who were adversely New information shows that workers Eligibility To Apply for Worker affected by increased imports of leased from Onin Staffing, formerly Adjustment Assistance and Alternative residential upholstered furniture. Mulberry Group, Foothills Temp Trade Adjustment Assistance The amended notice applicable to Employment and Accountemps were TA–W–64,129 is hereby issued as employed on-site at the Lenoir, North In accordance with Section 223 of the follows: Carolina location of Broyhill Furniture Trade Act of 1974 (19 U.S.C. 2273), and

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Section 246 of the Trade Act of 1974 (26 DEPARTMENT OF LABOR assemblies and sub components to U.S.C. 2813), as amended, the Mexico. Therefore, the Department is Department of Labor issued a Employment and Training amending these certifications to include Certification Regarding Eligibility to Administration workers whose wages are being to Apply for Worker Adjustment [TA–W–62,069; TA–W–62,069A] General Motors Corporation. Assistance and Alternative Trade The amended notice applicable to Adjustment Assistance on May 15, Delphi Corporation, Automotive TA–W–62,069 and TA–W–62,069A is 2007, applicable to workers of Delphi Holding Group, Plant 6, Currently hereby issued as follows: Corporation, Automotive Holding Known as General Motors Corporation, All workers of Delphi Corporation, Group, Instrument Cluster Plant, Including On-Site Leased Workers Automotive Holding Group, Plant 6, including on-site leased workers from From Securitas, EDS, Bartech and currently known as General Motors Corporation, including on-site leased workers Securitas, EDS, Bartech and Mays Mays Chemicals, Flint, MI; Delphi Corporation, Automotive Holding from Securitas, EDS, Bartech, and Mays Chemicals, Flint, Michigan. The Group, Plant 2, Currently Known as Chemicals, Flint, Michigan (TA–W–62,069) Department’s Notice of determination General Motors Corporation, Including and Delphi Corporation, Automotive Holding was published in the Federal Register On-Site Leased Workers From Group, Plant 2, currently known as General on May 30, 2007 (72 FR 30033). Motors Corporation, including on-site leased Securitas, EDS, Bartech and Mays workers from Securitas, EDS, Bartech and At the request of the State agency, the Chemicals, Flint, MI; Amended Mays Chemicals, Flint, Michigan (TA–W– Department reviewed the certification Certification Regarding Eligibility To 62,069A), who became totally or partially for workers of the subject firm. Workers Apply for Worker Adjustment separated from employment on or after produced instrumentation displays. Assistance and Alternative Trade August 27, 2006 through October 1, 2009, are Adjustment Assistance eligible to apply for adjustment assistance New information shows that January under Section 223 of the Trade Act of 1974, 1, 2009, workers at the subject firm In accordance with Section 223 of the and are also eligible to apply for alternative became employees of General Motors Trade Act of 1974 (19 U.S.C. 2273), and trade adjustment assistance under Section Corporation. Some of the workers’ Section 246 of the Trade Act of 1974 (26 246 of the Trade Act of 1974. wages are being reported under the U.S.C. 2813), as amended, the Signed at Washington, DC, this 17th day of Unemployment Insurance (UI) tax Department of Labor issued a February 2009. account for General Motors Corporation. Certification Regarding Eligibility to Linda G. Poole, Apply for Worker Adjustment The intent of the Department’s Certifying Officer, Division of Trade Assistance and Alternative Trade certification is to include all workers of Adjustment Assistance. Adjustment Assistance on October 1, [FR Doc. E9–4393 Filed 3–2–09; 8:45 am] Delphi Corporation, Automotive 2007, applicable to workers of Delphi BILLING CODE 4510–FN–P Holding Group, Instrument Cluster Corporation, Automotive Holding Plant, Flint, Michigan, who were Group, Plant 6, including on-site leased adversely affected by increased imports workers from Securitas, EDS, Bartech DEPARTMENT OF LABOR of instrumentation displays. Therefore, and Mays Chemicals, Flint, Michigan the Department is amending the and Delphi Corporation, Automotive Employment and Training certification to include workers whose Holding Group, Plant 2, including on- Administration wages are reported to General Motors site leased workers from Securitas, EDS, [TA–W–64,019] Corporation. Bartech and Mays Chemicals, Flint, The amended notice applicable to Michigan. The Department’s Notice of Whittier Wood Products Company TA–W–61,226 is hereby issued as determination was published in the Including On-Site Leased Workers follows: Federal Register on October 17, 2007 From Employers Overload, Oregon (72 FR 58899). All workers of Delphi Corporation, Temporary Services and Selectemp At the request of the State agency, the Corporation, Eugene, OR; Amended Automotive Holding Group, Instrument Department reviewed the certification Cluster Plant, currently known as General Certification Regarding Eligibility To for workers of the subject firm. Workers Apply for Worker Adjustment Motors Corporation, including on-site leased at Plant 6 produced automotive air workers from Securitas, EDS, Bartech, and Assistance and Alternative Trade induction products and workers at Plant Adjustment Assistance Mays Chemicals, Flint, Michigan, who 2 produced automotive modular became totally or partially separated from reservoir assemblies and sub In accordance with Section 223 of the employment on or after March 30, 2006 components. Trade Act of 1974 (19 U.S.C. 2273), and through May 15, 2009, are eligible to apply New information shows that on Section 246 of the Trade Act of 1974 (26 for adjustment assistance under Section 223 January 1, 2009, workers at the subject U.S.C. 2813), as amended, the of the Trade Act of 1974, and are also eligible firm became employees of General Department of Labor issued a to apply for alternative trade adjustment Motors Corporation. Some of the Certification Regarding Eligibility to assistance under Section 246 of the Trade Act workers’ wages are being reported under Apply for Worker Adjustment of 1974. the Unemployment Insurance (UI) tax Assistance and Alternative Trade Signed at Washington, DC, this 17th day of account for General Motors Corporation. Adjustment Assistance on October 2, February 2009. The intent of the Department’s 2008, applicable to workers of Whittier Linda G. Poole, certification is to include all workers of Wood Products Company, Eugene, Certifying Officer, Division of Trade Delphi Corporation, Automotive Oregon. The Department’s Notice of Adjustment Assistance. Holding Group, Plant 6, and Delphi determination was published in the [FR Doc. E9–4391 Filed 3–2–09; 8:45 am] Corporation, Automotive Holding Federal Register on October 20, 2008 Group, Plant 2, who were adversely (73 FR 62322). BILLING CODE 4510–FN–P affected by a shift in production of At the request of a firm official, the automotive air induction products and Department reviewed the certification automotive modular reservoir for workers of the subject firm. Subject

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firm workers produce wood household U.S.C. 2813), as amended, the DEPARTMENT OF LABOR furniture and are not separately Department of Labor issued a identifiable by product line. Certification of Eligibility to Apply for Employment and Training New information shows that workers Worker Adjustment Assistance and Administration leased from Employers Overload, Alternative Trade Adjustment [TA–W–64,529] Oregon Temporary Services, and Assistance on October 20, 2008, Selectemp Corporation were working applicable to workers of Seamless Broyhill Furniture Industries, Inc., on-site at the Eugene, Oregon location of Sensations, Incorporated, Chester, South Lenoir Chair #3, aka Lenoir Plant, the subject firm. The Department has Carolina. The notice was published in Including On-Site Leased Workers determined that these workers were the Federal Register on November 10, From Onin Staffing, Formerly Mulberry sufficiently under the control of the 2008 (73 FR 66676). Group, Quick Temps/Temps USA, subject firm to be considered leased Foothills Tem Employment and ESI workers. On its own motion, the Department Employment Staffing, Lenoir, NC; Based on these findings, the reviewed the certification for workers of Amended Certification Regarding Department is amending this Seamless Sensations, Inc., Chester, Eligibility To Apply for Worker certification to leased workers of South Carolina. The workers are Adjustment Assistance and Alternative Employers Overload, Oregon Temporary engaged in the production of quilt Trade Adjustment Assistance Services, and Selectemp Corporation comforters and blow pillows. In accordance with Section 223 of the working on-site at the Eugene, Oregon New information shows that workers Trade Act of 1974 (19 U.S.C. 2273), and location of the subject firm. leased from American Pacific were Section 246 of the Trade Act of 1974 (26 The intent of the Department’s employed on-site at the Chester, South U.S.C. 2813), as amended, the certification is to include all workers of Carolina location of the subject firm. Department of Labor issued a the subject firm who were adversely The Department has determined that Certification of Eligibility to Apply for affected by a shift of production to a these workers were sufficiently under Worker Adjustment Assistance and foreign country followed by increased the control of Seamless Sensations, Alternative Trade Adjustment imports of articles like or directly Incorporated to be considered leased Assistance on December 5, 2008, competitive with the wood household applicable to workers of Broyhill furniture produced by the subject firm. workers. Furniture Industries, Inc., Lenoir Chair The amended notice applicable to Based on these findings, the #3, aka Lenoir Plant, Lenoir, North TA–W–64,019 is hereby issued as Department is amending this Carolina. The notice was published in follows: certification to include workers leased the Federal Register on December 18, from American Pacific working on-site All workers of Whittier Wood Products 2008 (73 FR 77067). Company, Eugene, Oregon, including on-site at the Chester, South Carolina location At the request of a company official, leased workers from Employers Overload, of the subject firm. the Department reviewed the Oregon Temporary Services, and Selectemp The intent of the Department’s certification for workers of the subject Corporation, who became totally or partially separated from employment on or after certification is to include all workers firm. The workers are engaged in the October 20, 2008, through October 2, 2010, employed at Seamless Sensations, production of residential upholstered are eligible to apply for adjustment assistance Incorporated, Chester, South Carolina furniture. under Section 223 of the Trade Act of 1974, who were adversely affected by New information shows that workers and are also eligible to apply for alternative increased imports of quilt comforters leased from Onin Staffing, formerly trade adjustment assistance under Section and blow pillows. Mulberry Group, Quick Temps/Temps 246 of the Trade Act of 1974. USA, Foothills Temp Employment and The amended notice applicable to Signed at Washington, DC, this 13th day of ESI Employment Staffing were February 2009. TA–W–64,093 is hereby issued as employed on-site at the Lenoir, North follows: Richard Church, Carolina location of Broyhill Furniture Certifying Officer, Division of Trade All workers of Seamless Sensations, Industries, Inc., Lenoir Chair #3, aka Adjustment Assistance. Incorporated, including on-site leased Lenoir Plant. The Department has [FR Doc. E9–4397 Filed 3–2–09; 8:45 am] workers from American Pacific, Chester, determined that these workers were BILLING CODE 4510–FN–P South Carolina, who became totally or sufficiently under the control of partially separated from employment on or Broyhill Furniture Industries, Inc., after September 19, 2007 through October 20, Lenoir Chair #3, aka Lenoir Plant to be DEPARTMENT OF LABOR 2010, are eligible to apply for adjustment considered leased workers. assistance under Section 223 of the Trade Act Based on these findings, the Employment and Training of 1974, and are also eligible to apply for Department is amending this Administration alternative trade adjustment assistance under certification to include workers leased Section 246 of the Trade Act of 1974. from Onin Staffing formerly Mulberry [TA–W–64,093] Signed at Washington, DC, this 13th day of Group, Quick Temps/Temps USA, Seamless Sensations, Incorporated February 2009. Foothills Temp Employment and ESI Employment Staffing working on-site at Including On-Site Leased Workers Elliott S. Kushner, the Lenoir, North Carolina location of From American Pacific, Chester, SC; Certifying Officer, Division of Trade Amended Certification Regarding the subject firm. Adjustment Assistance. The intent of the Department’s Eligibility To Apply for Worker [FR Doc. E9–4398 Filed 3–2–09; 8:45 am] Adjustment Assistance and Alternative certification is to include all workers Trade Adjustment Assistance BILLING CODE 4510–FN–P employed at Broyhill Furniture Industries, Inc., Lenoir Chair #3, aka In accordance with Section 223 of the Lenoir Plant who were adversely Trade Act of 1974 (19 U.S.C. 2273), and affected by increased imports of Section 246 of the Trade Act of 1974 (26 residential upholstered furniture.

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The amended notice applicable to reported under a separate DEPARTMENT OF LABOR TA–W–64,529 is hereby issued as unemployment insurance (UI) tax follows: account for Tekonsha Towing. Employment and Training Administration All workers of Broyhill Furniture Accordingly, the Department is Industries, Lenoir Chair #3, aka Lenoir Plant, amending this certification to properly [TA–W–63,805] including on-site leased workers from Onin reflect this matter. Staffing, formerly Mulberry Group, Quick International Paper Company, Temps/Temps USA, Foothills Temp The intent of the Department’s Pensacola Mill, Cantonment, FL; Employment and ESI Employment Staffing, certification is to include all workers of Notice of Negative Determination on Lenoir, North Carolina, who became totally the subject firm who were adversely Reconsideration or partially separated from employment on or affected by increased imports of brake after November 17, 2007 through December controls, breakaway kits and lights On December 3, 2008, the Department 5, 2010, are eligible to apply for adjustment produced at the Tekonsha, Michigan issued an Affirmative Determination assistance under Section 223 of the Trade Act location of the subject firm. Regarding Application for of 1974, and are also eligible to apply for Reconsideration for the workers and The amended notice applicable to alternative trade adjustment assistance under former workers of the subject firm. The Section 246 of the Trade Act of 1974. TA–W–64,801 and TA–W–64,801A are notice was published in the Federal hereby issued as follows: Signed at Washington, DC this 18th day of Register on December 15, 2008 (73 FR February 2009. All workers of Cequent Electrical Products, 76057). Elliott S. Kushner, Inc., formerly known as Tekonsha Towing, The initial investigation, which was Certifying Officer, Division of Trade Angola, Indiana (TA–W–64,801) and Cequent filed on behalf of workers at Adjustment Assistance. Electrical Products, Inc., formerly known as International Paper Company, Pensacola Tekonsha Towing, McAllen, Texas (TA–W– [FR Doc. E9–4401 Filed 3–2–09; 8:45 am] Mill, Cantonment, Florida engaged in 64,801A), who became totally or partially the production of linerboard and fluff BILLING CODE 4510–FN–P separated from employment on or after pulp, was denied because criteria December 30, 2007 through January 15, 2011, (1)(2)(A)(I.B) and (1)(2)(A)(II.A) had not DEPARTMENT OF LABOR are eligible to apply for adjustment assistance been met. The subject firm did not under Section 223 of the Trade Act of 1974 separate or threaten to separate a Employment and Training and are also eligible to apply for alternative significant number or proportion of Administration trade adjustment assistance under Section workers as required by Section 222 of 246 of the Trade Act of 1974. the Trade Act of 1974. [TA–W–64,801; TA–W–64,801A] Signed at Washington, DC this 18th day of In the request for reconsideration, the Cequent Electrical Products, Inc., February 2009. petitioner stated that workers of the Formerly Known as Tekonsha Towing, Elliott S. Kushner, subject firm used to produce uncoated Angolia, IN; Cequent Electrical freesheet (copy paper) products. The Certifying Officer, Division of Trade petitioner also stated that in 2006 the Products, Inc., Formerly Known as Adjustment Assistance. Tekonsha Towing, McAllen, TX; subject firm discontinued production of [FR Doc. E9–4402 Filed 3–2–09; 8:45 am] uncoated freesheet paper and was Amended Certification Regarding BILLING CODE 4510–FN–P Eligibility To Apply for Worker certified eligible for Trade Adjustment Adjustment Assistance and Alternative Assistance (TAA). The petitioner Trade Adjustment Assistance requested an extension of TAA DEPARTMENT OF LABOR certification for workers of the subject In accordance with Section 223 of the firm who lost employment or would be Employment and Training Trade Act of 1974 (19 U.S.C. 2273), and terminated from the subject facility after Administration Section 246 of the Trade Act of 1974 (26 the expiration date of the previous U.S.C. 2813), as amended, the certification, based on the same Department of Labor issued a [TA–W–65,291] evidence revealed in the investigation in Certification of Eligibility to Apply for 2006. The petitioner seems to allege that Worker Adjustment Assistance and Bassett Furniture Outlet; Bassett, VA; because the subject firm was previously Alternative Trade Adjustment Notice of Termination of Investigation certified eligible for TAA, the workers of Assistance on January 15, 2009, the subject firm should be granted applicable to workers of Cequent Pursuant to Section 221 of the Trade another TAA certification. Electrical Products, Inc., Angolia, Act of 1974, as amended, an The investigation revealed that the Indiana and Cequent Electrical investigation was initiated on February workers of the subject firm were Products, Inc., McAllen, Texas. The 10, 2009 in response to a worker certified eligible for TAA (TA–W– notice was published in the Federal petition filed on behalf of workers of 59,338) on May 8, 2006 based on Register on February 2, 2009 (74 FR Bassett Furniture Outlet, Bassett, increased imports of uncoated freesheet 5870). Virginia. paper. The investigation also revealed At the request of the State agency, the The petitioner has requested that the that production of uncoated freesheet Department reviewed the certification petition be withdrawn. Consequently, paper at the subject firm ceased in May for workers of the subject firm. The the investigation has been terminated. 2007. At that time, the subject facility workers are engaged in activities related Signed at Washington, DC, this 23rd day of was converted to manufacture to warehousing and distribution February 2009. linerboard and fluff pulp. supporting Cequent Electrical Products, When assessing eligibility for TAA, Inc., Tekonsha, Michigan, a currently Richard Church, the Department exclusively considers TAA-certified worker group. Certifying Officer, Division of Trade employment, sales, production and Information also shows that some Adjustment Assistance. import impact during the relevant workers separated from employment at [FR Doc. E9–4385 Filed 3–2–09; 8:45 am] period (from one year prior to the date the subject firm had their wages BILLING CODE 4510–FN–P of the petition). Therefore, events

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occurring prior to July 31, 2007 are DEPARTMENT OF LABOR subject firm sent the articles purchased outside of the relevant period and are by the foreign customer to a facility not relevant in this investigation as Employment and Training located outside of the United States), the established by the petition date of July Administration Department determined that the foreign 31, 2008. The investigation revealed that [TA–W–59,517] customer did not import articles like or there was no production of uncoated directly competitive with the printed freesheet paper at the subject facility Advanced Electronics, Inc., Boston, circuit board assemblies produced by during the relevant period. MA; Notice of Negative Determination the subject firm. On December 17, 2007, The petitioner also provided on Remand the Department issued a Notice of additional information regarding Negative Determination on Remand. employment and layoffs at the subject On November 18, 2008, the U.S. Court The Department’s Notice of negative firm. of International Trade (USCIT) determination was published in the Upon further review of the remanded to the Department of Labor Federal Register on December 31, 2007 employment data provided by the (Department) for further investigation (72 FR 74340). company official of the subject firm, it Former Employees of Advanced Although the USCIT stated in its was determined that employment at the Electronics, Inc. v. United States November 18, 2008 opinion that subject firm declined during the Secretary of Labor (Court No. 06– substantial evidence supported the relevant period. 00337). Department’s finding that increasing On July 18, 2006, the Department In order to establish import impact imports of like or directly competitive issued a Negative Determination and whether imports contributed articles did not contribute importantly regarding eligibility to apply for Trade importantly to worker separations, the to the subject firm’s decreased sales to Adjustment Assistance (TAA) and Department must consider imports that domestic customers, the USCIT also Alternative Trade Adjustment are like or directly competitive with stated that it ‘‘declines to adopt a Assistance (ATAA) applicable to those produced at the subject firm construction of the Act under which workers and former workers of (linerboard and fluff pulp) during the Labor need never consider, in any Advanced Electronics, Inc., Boston, relevant period. The ‘‘contributed circumstances, whether increased Massachusetts (subject firm). The importantly’’ test is generally imports of a like or directly competitive Department’s Notice of determination demonstrated through a survey of article contributed importantly to a was published in the Federal Register customers of the workers’ firm regarding plaintiff’s separation by causing the on August 4, 2006 (71 FR 44320). Prior their import purchases. employer to lose business from a to separation, the subject workers On reconsideration the Department customer outside of the United States.’’ produced printed circuit board conducted a survey of the subject firm’s The USCIT, in its November 18, 2008 domestic customers regarding their assemblies. The negative determination was based order, directs the Department during the purchases of linerboard and fluff pulp second remand investigation to during 2006, 2007, January through July, on the Department’s findings that, during the relevant period, the subject ‘‘determine whether, and to what extent, 2007 and January through July, 2008. an increase in imports into the United The survey revealed that the customers firm did not shift production of printed circuit board assemblies to a foreign States of articles like or directly did not increase their imports of competitive with the Company’s printed linerboard and fluff pulp while country, that the subject firm did not import printed circuit board assemblies circuit boards caused the Company to decreasing purchases from the subject lose business from its foreign firm during the relevant period. (or like or directly competitive articles), and that the subject firm’s major customer.’’ Furthermore, as stated in the initial On second remand, the Department investigation sales and production of declining customers did not import printed circuit board assemblies (or like conducted an investigation to determine linerboard and fluff pulp did not whether the foreign customer switched decline during the relevant period or directly competitive articles). Further, the Department determined its order from the subject firm to another through July 2008. domestic firm that imported some or all If conditions have changed since July that a portion of the decline in company sales of printed circuit board assemblies of the printed circuit boards it supplied 2008, the company is encouraged to file to the subject firm’s foreign customer. a new petition on behalf of the worker is attributed to declining purchases from a foreign customer during the relevant In order to apply for TAA based on group which will encompass an increased imports, the subject worker investigative period that will include period. Administrative reconsideration was group must meet the group eligibility these changing conditions. not requested by any of the parties requirements under Section 222(a) of Conclusion pursuant to 29 CFR section 90.18. the Trade Act of 1974, as amended. Under Section 222(a)(2)(A), the After reconsideration, I affirm the On October 23, 2007, the USCIT following criteria must be met: original notice of negative granted the Department’s request for determination of eligibility to apply for voluntary remand to conduct further A. A significant number or proportion of worker adjustment assistance for investigation to determine whether, the workers in such workers’ firm, or an workers and former workers of during the relevant period, any of the appropriate subdivision of the firm, have foreign customer’s facilities located in become totally or partially separated, or are International Paper Company, Pensacola threatened to become totally or partially Mill, Cantonment, Florida. the United States received printed circuit boards produced by the subject separated; and Signed at Washington, DC, this 18th day of firm and, if so, whether the facility(s) B. The sales or production, or both, of such firm or subdivision have decreased February 2009. had imported articles like or directly Elliott S. Kushner, absolutely; and competitive with the printed circuit C. Increased imports of articles like or Certifying Officer, Division of Trade board assemblies produced by the directly competitive with articles produced Adjustment Assistance. subject firm. by such firm or subdivision have contributed [FR Doc. E9–4394 Filed 3–2–09; 8:45 am] Based on information obtained during importantly to such workers’ separation or BILLING CODE 4510–FN–P the first remand investigation (that the threat of separation and to the decline in

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sales or production of such firm or directly competitive with the printed DEPARTMENT OF LABOR subdivision. circuit boards produced by the subject The Department has previously firm, it is moot whether or not the Employment and Training determined that because the subject firm ‘‘contributed importantly’’ portion of Administration closed on September 2005, criteria (A) the regulation has been satisfied. and (B) have been met. Therefore, the Therefore, the Department determines [TA–W–65,091] only issue at hand is whether criterion that TAA criterion (C) has not been met. Westpoint Home, Calhoun Falls, SC; (C) has been met. In order for the Department to issue Notice of Termination of Investigation 29 CFR Section 90.16(b)— a certification of eligibility to apply for Requirements for determinations— ATAA, the subject worker group must states, in part, that ‘‘the certifying officer Pursuant to Section 221 of the Trade be certified eligible to apply for TAA. shall make findings of fact concerning Act of 1974, as amended, an Since the subject workers are not whether * * * (3) increases (absolute or investigation was initiated on February eligibility to apply for TAA, the workers relative) of imports of articles like or 3, 2009 in response to a worker petition cannot be certified eligible for ATAA. directly competitive with articles like or filed by a company official, on behalf of directly competitive with articles Conclusion workers of WestPoint Home, Calhoun produced by such workers’ firm or Falls, South Carolina. appropriate subdivision thereof After careful reconsideration, I affirm The petitioner has requested that the contributed importantly to such total or the original notice of negative petition be withdrawn. Consequently, partial separation, or threat thereof, and determination of eligibility to apply for the investigation has been terminated. to such decline in sales or production.’’ worker adjustment assistance for The corollary to the regulation is that workers and former workers of Signed at Washington, DC, this 20th day of if the certifying officer finds no such Advanced Electronics, Inc., Boston, February 2009. increased imports, whether or not the Massachusetts. Richard Church, absent factor ‘‘contributed importantly’’ Signed at Washington, DC this 19th day of Certifying Officer, Division of Trade to ‘‘such total or partial separation, or February 2009. Adjustment Assistance. threat thereof, and to such decline in [FR Doc. E9–4404 Filed 3–2–09; 8:45 am] sales or production’’ is moot. Elliott S. Kushner, BILLING CODE 4510–FN–P 29 CFR Section 90.2—Definitions— Certifying Officer, Division of Trade states that ‘‘Increased imports means Adjustment Assistance. that imports have increased either [FR Doc. E9–4389 Filed 3–2–09; 8:45 am] DEPARTMENT OF LABOR absolutely or relative to domestic BILLING CODE 4510–FN–P production compare to a representative Employment and Training base period. The representative base Administration period shall be one year consisting of DEPARTMENT OF LABOR the four quarters immediately preceding [TA–W–65,164] the date which is twelve months prior Employment and Training Administration to the date of the petition.’’ Bradington-Young, LLC, Cherryville, Because the date of the petition is NC; Notice of Termination of June 5, 2006, the investigatory period is [TA–W–65,018] Investigation June 2005 through May 2006 and the representative base period is June 2004 National Vacuum Equipment, Traverse Pursuant to Section 221 of the Trade through May 2005. City, MI; Notice of Termination of Act of 1974, as amended, an During the second remand Investigation investigation was initiated on February investigation, the Department obtained 9, 2009 in response to a petition filed by new information that shows that when Pursuant to Section 221 of the Trade a company official on behalf of workers the subject firm ceased operations in Act of 1974, as amended, an of Bradington-Young, LLC, Cherryville, 2005, the foreign customer replaced investigation was initiated on January North Carolina. printed circuit boards produced by the 29, 2009 in response to a worker subject firm with those produced by a petition filed by a company official on The workers at the subject facility are preferred vendor. The preferred vender behalf of workers of National Vacuum covered by an earlier petition (TA–W– is another domestic company. The new Equipment, Traverse City, Michigan. 65,147) filed on February 5, 2009 that is information also shows that the printed the subject of an ongoing investigation The petitioner has requested that the circuit boards supplied by the preferred for which a determination has not been petition be withdrawn. Consequently, vendor was produced outside the issued. Further investigation in this case the investigation has been terminated. United States and shipped from the would duplicate efforts and serve no foreign production facility to the foreign Signed at Washington, DC, this 18th day of purpose; therefore the investigation customer. February 2009. under this petition has been terminated. The Department determines that Richard Church, while the foreign customer did switch Signed at Washington, DC, this 18th day of Certifying Officer, Division of Trade February 2009. its order from the subject firm to another Adjustment Assistance. domestic vendor, the domestic vendor Richard Church, [FR Doc. E9–4403 Filed 3–2–09; 8:45 am] that replaced the subject firm did not Certifying Officer, Division of Trade import into the United States any of the BILLING CODE 4510–FN–P Adjustment Assistance. printed circuit boards it sold to the [FR Doc. E9–4407 Filed 3–2–09; 8:45 am] subject firm’s foreign customer. BILLING CODE 4510–FN–P Because there was no finding of increased imports of article like or

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DEPARTMENT OF LABOR DEPARTMENT OF LABOR DEPARTMENT OF LABOR

Employment and Training Employment and Training Mine Safety and Health Administration Administration Administration Proposed Information Collection Request Submitted for Public [TA–W–65,187] [TA–W–65,155] Comment and Recommendations; Safety Standards for Roof Bolts in Hallmark Cards, Inc., Kansas City, MO; Bledsoe Construction, Inc., Boise, ID; Metal and Nonmetal Mines and Notice of Termination of Investigation Notice of Termination of Investigation Underground Coal Mines

Pursuant to Section 221 of the Trade Pursuant to Section 221 of the Trade ACTION: Notice. Act of 1974, as amended, an Act of 1974, as amended, an investigation was initiated on February investigation was initiated on February SUMMARY: The Department of Labor, as 10, 2009 in response to a petition filed 6, 2009 in response to a petition filed by part of its continuing effort to reduce on behalf of the workers at Hallmark a company official on behalf of workers paperwork and respondent burden Cards, Inc., Kansas City, Missouri. of Bledsoe Construction, Inc., Boise, conducts a pre-clearance consultation Idaho. program to provide the general public The petition regarding the and Federal agencies with an investigation has been deemed invalid The petitioning group of workers is opportunity to comment on proposed because the petitioners were not covered by an active certification, (TA– and/or continuing collections of employed by the firm indicated on the W–61,811) which expires on September information in accordance with the petition. Consequently, the investigation 13, 2009. Consequently, further Paperwork Reduction Act of 1995 has been terminated. investigation in this case would serve (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This Signed at Washington, DC, this 13th day of no purpose, and the investigation has program helps to ensure that requested February 2009. been terminated. data can be provided in the desired format, reporting burden (time and Signed at Washington, DC this 18th day of Richard Church, financial resources) is minimized, February 2009. Certifying Officer, Division of Trade collection instruments are clearly Adjustment Assistance. Richard Church, understood, and the impact of collection [FR Doc. E9–4408 Filed 3–2–09; 8:45 am] Certifying Officer, Division of Trade requirements on respondents can be BILLING CODE 4510–FN–P Adjustment Assistance. properly assessed. [FR Doc. E9–4406 Filed 3–2–09; 8:45 am] Currently, the Mine Safety and Health BILLING CODE 4510–FN–P Administration (MSHA) is soliciting DEPARTMENT OF LABOR comments concerning the extension of the information collection related to the Employment and Training DEPARTMENT OF LABOR 30 CFR Sections 56.3203(a), 57.3203(a), Administration and 75.204(a); Safety Standards for Roof Employment and Training Bolts in Metal and Nonmetal Mines and [TA–W–65,238] Administration Underground Coal Mines. DATES: Submit comments on or before Allied Air Enterprises, Inc.; Blackville, [TA–W–65,132] May 4, 2009. SC; Notice of Termination of ADDRESSES: Send comments to Debbie Investigation Blount, Inc., Milwaukie, OR; Notice of Ferraro, Management Services Division, Termination of Investigation 1100 Wilson Boulevard, Room 2141, Pursuant to Section 221 of the Trade Arlington, VA 22209–3939. Commenters Act of 1974, as amended, an Pursuant to Section 221 of the Trade are encouraged to send their comments investigation was initiated on February Act of 1974, as amended, an on computer disk, or via e-mail to 19, 2009 in response to a petition filed investigation was initiated on February [email protected]. Ms. Ferraro by a company official on behalf of the 5, 2009 in response to a worker petition can be reached at (202) 693–9821 workers at Allied Air Enterprises, Inc., filed by a company official, on behalf of (voice), or (202) 693–9801 (facsimile). Blackville, South Carolina. workers of Blount, Inc., Milwaukie, FOR FURTHER INFORMATION CONTACT: The petitioner has requested that the Oregon. Contact the employee listed in the petition be withdrawn, but indicated he The petitioner has requested that the ADDRESSES section of this notice. would reapply when circumstances petition be withdrawn. Consequently, SUPPLEMENTARY INFORMATION: change. Consequently, this investigation the investigation has been terminated. I. Background has been terminated. Signed at Washington, DC, this 20th day of 30 CFR 56/57.3203 and 75.204 Signed at Washington, DC, this 19th day of February 2009. address the quality of rock fixtures and February 2009. Richard Church, their installation. Roof and rock bolts Richard Church, Certifying Officer, Division of Trade and accessories are an integral part of Certifying Officer, Division of Trade Adjustment Assistance. ground control systems and are used to Adjustment Assistance. [FR Doc. E9–4405 Filed 3–2–09; 8:45 am] prevent the fall of roof, face, and ribs. [FR Doc. E9–4409 Filed 3–2–09; 8:45 am] BILLING CODE 4510–FN–P These standards require that metal and BILLING CODE 4510–FN–P nonmetal and coal mine operators obtain a certification from the manufacturer that rock bolts and accessories are manufactured and tested in accordance with the 1995 American

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Society for Testing and Materials Total Burden Cost (operating/ performers to set rates, terms and (ASTM) publication ‘‘Standard maintaining): $0. conditions for webcasters operating Specification for Roof and Rock Bolts Comments submitted in response to under the Section 112 and Section 114 and Accessories’’ (ASTM F432–95). this notice will be summarized and/or statutory licenses for a period of not included in the request for Office of more than 11 years beginning on II. Desired Focus of Comments Management and Budget approval of the January 1, 2005. The authority to enter MSHA is particularly interested in information collection request; they will into such settlement agreements expired comments that: also become a matter of public record. on February 15, 2009. • Evaluate whether the proposed Unless otherwise agreed to by the collection of information is necessary Dated at Arlington, Virginia, this 25th day of February, 2009. parties to an agreement, the rates and for the proper performance of the terms set forth in such agreements apply John Rowlett. functions of the agency, including only to the time periods specified in the whether the information will have Director, Management Services Division. agreement and have no precedential practical utility; [FR Doc. E9–4417 Filed 3–2–09; 8:45 am] value in any proceeding concerned with • Evaluate the accuracy of the BILLING CODE 4510–43–P the setting of rates and terms for the agency’s estimate of the burden of the public performance or reproduction in proposed collection of information, ephemeral phonorecords or copies of including the validity of the LIBRARY OF CONGRESS sound recordings. To make this point methodology and assumptions used; clear, Congress included language • Enhance the quality, utility, and Copyright Office expressly addressing the precedential clarity of the information to be value of such agreements. Specifically, Notification of Agreements Under the collected; and Section 114(f)(5)(C), as added by the • Webcaster Settlement Act of 2008 Minimize the burden of the WSA, states that: ‘‘Neither subparagraph collection of information on those who AGENCY: Copyright Office, Library of (A) nor any provisions of any agreement are to respond, including through the entered into pursuant to subparagraph use of appropriate automated, Congress. ACTION: Notice of agreement. (A), including any rate structure, fees, electronic, mechanical, or other terms, conditions, or notice and technological collection techniques or SUMMARY: The Copyright Office is recordkeeping requirements set forth other forms of information technology, publishing three agreements which set therein, shall be admissible as evidence e.g., permitting electronic submissions rates and terms for the reproduction and or otherwise taken into account in any of responses. administrative, judicial, or other A copy of the proposed information performance of sound recordings made by certain specified webcasters, under government proceeding involving the collection request can be obtained by setting or adjustment of the royalties contacting the employee listed in the two statutory licenses. Webcasters who meet the eligibility requirements may payable for the public performance or ADDRESSES section of this notice, or reproduction in ephemeral recordings or viewed on the internet by accessing the choose to operate under the statutory licenses in accordance with the rates copies of sound recordings, the MSHA home page (http:// determination of terms or conditions www.msha.gov/) and selecting ‘‘Rules & and terms set forth in the agreements published herein rather than the rates related thereto, or the establishment of Regs’’, and then selecting ‘‘FedReg. notice and recordkeeping requirements Docs’’. On the next screen, select and terms of any determination by the Copyright Royalty Judges. by the Copyright Royalty Judges under ‘‘Paperwork Reduction Act Supporting paragraph (4) or Section 112(e)(4). It is FOR FURTHER INFORMATION CONTACT: Statement’’ to view documents the intent of Congress that any royalty Stephen Ruwe, Attorney Advisor, or supporting the Federal Register Notice. rates, rate structure, definitions, terms, Tanya M. Sandros, Deputy General conditions, or notice and recordkeeping III. Current Actions Counsel, Copyright GC/I&R, P.O. Box requirements, included in such MSHA is seeking to continue the 70400, Washington, DC 20024. agreements shall be considered as a requirement for mine operators to obtain Telephone: (202) 707–8380. Telefax: compromise motivated by the unique certification from the manufacturer that (202) 707–8366. See the final paragraph business, economic and political roof and rock bolts and accessories are of the SUPPLEMENTARY INFORMATION for circumstances of small webcasters, manufactured and tested in accordance information on where to direct copyright owners, and performers rather with the applicable American Society questions regarding the rates and terms than as matters that would have been for Testing and Materials (ASTM) set forth in the agreement. negotiated in the marketplace between a specifications and make that SUPPLEMENTARY INFORMATION: On willing buyer and a willing seller, or certification available to an authorized October 16, 2008, President Bush signed otherwise meet the objectives set forth representative of the Secretary. into law the Webcaster Settlement Act in Section 801(b). This subparagraph Type of Review: Extension. of 2008 (‘‘WSA’’), Public Law 110–435, shall not apply to the extent that the Agency: Mine Safety and Health 122 Stat. 4974, which amends Section receiving agent and a webcaster that is Administration. 114 of the Copyright Act, title 17 of the party to an agreement entered into Title: Safety Standards for Roof Bolts United States Code, as it relates to in Metal and Nonmetal Mines and pursuant to subparagraph (A) expressly webcasters. The WSA allows authorize the submission of the Underground Coal Mines. SoundExchange, the Receiving Agent OMB Number: 1219–0121. agreement in a proceeding under this Frequency: On occasion. designated by the Librarian of Congress subSection.’’ 17 U.S.C. 114(f)(5)(C) Affected Public: Business or other for- in his June 20, 2002, order for collecting (2009). profit. royalty payments made by eligible On February 13, 2009, Respondents: 833. nonsubscription transmission services SoundExchange and the Corporation for Responses: 3,292. under the Section 112 and Section 114 Public Broadcasting (‘‘CPB’’) notified Total Burden Hours: 165 hours. statutory licenses, see 67 FR 45239 (July the Copyright Office that they had Total Burden Cost (capital/startup): 8, 2002), to enter into agreements on negotiated an agreement for the $0. behalf of all copyright owners and reproduction and performance of sound

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recordings by small commercial and terms set forth in the agreement Covered Entity’s Aggregate Tuning Hours webcasters under the Section 112 and should be directed to SoundExchange would equal ten (10). If three (3) minutes of Section 114 statutory licenses and (for contact information, see http:// that hour consisted of transmission of a requested that the Copyright Office www.soundexchange.com). directly licensed recording, the Covered Entity’s Aggregate Tuning Hours would equal publish the Rates and Terms in the Dated: February 24, 2009. nine (9) hours and thirty (30) minutes. As an Federal Register, as required under Marybeth Peters, additional example, if one listener listened to Section 114(f)(5)(B) of the Copyright Register of Copyrights. a Covered Entity for ten (10) hours (and none Act, as amended by the WSA. of the recordings transmitted during that time On February 15, 2009, Note: The following Appendices will not was directly licensed), the Covered Entity’s SoundExchange and the National be codified in the Code of Federal Aggregate Tuning Hours would equal 10. Association of Broadcasters (‘‘NAB’’) Regulations. 1.3 ‘‘Authorized Web Site’’ means any notified the Copyright Office that they Web Site operated by or on behalf of any had negotiated an agreement for the Appendix A Covered Entity that is accessed by Web Site reproduction and performance of sound Users through a Uniform Resource Locator Agreement Concerning Rates and Terms (‘‘URL’’) owned by such Covered Entity and recordings by small commercial This Agreement Concerning Rates and through which Web Site Performances are webcasters under the Section 112 and Terms (‘‘Agreement’’), dated as of January 13, made by such Covered Entity. Section 114 statutory licenses and 2009 (‘‘Execution Date’’), is made by and 1.4 ‘‘CPB’’ shall have the meaning set requested that the Copyright Office between SoundExchange, Inc. forth in the preamble. publish the Rates and Terms in the (‘‘SoundExchange’’) and the Corporation for 1.5 ‘‘Collective’’ shall have the meaning Federal Register, as required under Public Broadcasting (‘‘CPB’’), on behalf of all set forth in 37 CFR 380.2(c). Section 114(f)(5)(B) of the Copyright Covered Entities (SoundExchange, and CPB 1.6 ‘‘Copyright Owners’’ are Sound Act, as amended by the WSA. each a ‘‘Party’’ and, jointly, the ‘‘Parties’’). Recording copyright owners who are entitled On February 15, 2009, Capitalized terms used herein are defined in to royalty payments made pursuant to the SoundExchange and the Small Article 1 below. statutory licenses under 17 U.S.C. 112(e) and 1 Whereas, SoundExchange is the ‘‘receiving 114(f). Webcasters notified the Copyright agent’’ as defined in 17 U.S.C. 114(f)(5)(E)(ii) 1.7 ‘‘Covered Entities’’ means NPR, Office that they had negotiated an designated for collecting and distributing American Public Media, Public Radio agreement for the reproduction and statutory royalties received from Covered International, and Public Radio Exchange, performance of sound recordings by Entities for their Web Site Performances; and, in calendar years 2005 through 2007, up small commercial webcasters under the Whereas, the Webcaster Settlement Act of to four-hundred and fifty (450) Originating Section 112 and Section 114 statutory 2008 (codified at 17 U.S.C. 114(f)(5)) Public Radio Stations as named by CPB. CPB licenses and requested that the authorizes SoundExchange to enter into shall notify SoundExchange annually of the Copyright Office publish the Rates and agreements for the reproduction and eligible Originating Public Radio Stations to performance of Sound Recordings under Terms in the Federal Register, as be considered Covered Entities hereunder Sections 112(e) and 114 of the Copyright Act (subject to the numerical limitations set forth required under Section 114(f)(5)(B) of that, once published in the Federal Register, herein). The number of Originating Public the Copyright Act, as amended by the shall be binding on all Copyright Owners and Radio Stations considered to be Covered WSA. Performers, in lieu of any determination by Entities is permitted to grow by no more than Thus, in accordance with the the Copyright Royalty Judges; 10 Originating Public Radio Stations per year requirement set forth in amended Whereas, in view of the unique business, beginning in calendar year 2008, such that Section 114(f)(5)(B), the Copyright economic and political circumstances of the total number of Covered Entities at the Office is publishing the submitted CPB, Covered Entities, SoundExchange, end of the Term will be less than or equal agreements, as Appendix A (Agreement Copyright Owners and Performers at the to 480. The Parties agree that the number of Execution Date, the Parties have agreed to the Originating Public Radio Stations licensed made between SoundExchange and royalty rates and other consideration set forth CPB); Appendix B (Agreement made hereunder as Covered Entities shall not herein for the period January 1, 2005 through exceed the maximum number permitted for between SoundExchange and NAB); and December 31, 2010; a given year without SoundExchange’s Appendix C (Agreement made between Now, therefore, pursuant to 17 U.S.C. express written approval, except that CPB SoundExchange and Small Webcasters), 114(f)(5), and in consideration of the mutual shall have the option to increase the number thereby making the rates and terms in promises contained in this Agreement and of Originating Public Radio Stations that may the agreements available to any for other good and valuable consideration, be considered Covered Entities as provided webcasters meeting the respective the adequacy and sufficiency of which are in Section 4.4. eligibility conditions of the agreements hereby acknowledged, the Parties hereby 1.8 ‘‘Ephemeral Phonorecord’’ shall have agree as follows: as an alternative to the rates and terms the meaning set forth in Section 3.1(b). of any determination by the Copyright Article 1 1.9 ‘‘Execution Date’’ shall have the meaning set forth in the preamble. Royalty Judges. Definitions 1.10 ‘‘License Fee’’ shall have the The Copyright Office has no The following terms shall have the meaning set forth in Section 4.1. responsibility for administering the meanings set forth below: 1.11 ‘‘Music ATH’’ means ATH of Web rates and terms of the agreement beyond 1.1 ‘‘Agreement’’ shall have the meaning Site Performances of Sound Recordings of the publication of this notice. For this set forth in the preamble. musical works. reason, questions regarding the rates 1.2 ‘‘ATH’’ or ‘‘Aggregate Tuning Hours’’ 1.12 ‘‘NPR’’ shall mean National Public means the total hours of programming that Radio, with offices at 635 Massachusetts 1 The ‘‘Small Webcasters’’ that negotiated the Covered Entities have transmitted during the Avenue, NW., Washington, DC 20001. agreement are Attention Span Radio; Blogmusik relevant period to all listeners within the 1.13 ‘‘Originating Public Radio Stations’’ (Deezer.com); Born Again Radio; Christmas Music United States from all Covered Entities that shall mean a noncommercial terrestrial radio 24/7; Club 80’s Internet Radio; Dark Horse provide audio programming consisting, in broadcast station that (i) is licensed as such Productions; Edgewater Radio; Forever Cool whole or in part, of Web Site Performances, by the Federal Communications Commission; (Forevercool.us); Indiwaves (Set less the actual running time of any sound (ii) originates programming and is not solely YourMusicFree.com); Ludlow Media recordings for which the Covered Entity has a repeater station; (iii) is a member or affiliate (MandarinRadio.com); Musical Justice; My Jazz Network; PartiRadio; Playa Cofi Jukebox obtained direct licenses apart from this of NPR, American Public Media, Public (Tropicalglen.com); Soulsville Online; taintradio; Agreement. By way of example, if a Covered Radio International, or Public Radio Voice of Country; and Window To The World Entity transmitted one hour of programming Exchange, a member of the National Communications (WFMT.com). to ten (10) simultaneous listeners, the Federation of Community Broadcasters, or

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another public radio station that is qualified Article 2 statutory license of 17 U.S.C. 112 and 114, to receive funding from the Corporation for and (ii) shall not be used as evidence that Agreement Pursuant to Webcaster CPB, the Covered Entities, or any other Public Broadcasting pursuant to its criteria; Settlement Act of 2008 (iv) qualifies as a ‘‘noncommercial persons are acting in compliance with the webcaster’’ under 17 U.S.C. 114(f)(5)(E)(i); 2.1 General. This Agreement is entered provisions of 17 U.S.C. 114(d)(2)(A) or (C) or into pursuant to the Webcaster Settlement and (v) either (a) offers Web Site any other applicable laws or regulations. Act of 2008 (Pub. L. 110–435; to be codified Performances only as part of the mission that at 17 U.S.C. 114(f)(5)). Article 3 entitles it to be exempt from taxation under 2.2 Eligibility Conditions. The only Scope of Agreement Section 501 of the Internal Revenue Code of webcasters (as defined in 17 U.S.C. 3. General. 1986 (26 U.S.C. 501), or (b) in the case of a 114(f)(5)(E)(iii)) eligible to avail themselves (a) Public Performances. In consideration governmental entity (including a Native of the terms of this Agreement as for the payment of the License Fee by CPB, American tribal governmental entity), is contemplated by 17 U.S.C. 114(f)(5)(B) are SoundExchange agrees that Covered Entities operated exclusively for public purposes. the Covered Entities, as expressly set forth that publicly perform under Section 114 all 1.14 ‘‘Party’’ shall have the meaning set herein. The terms of this Agreement shall or any portion of any Sound Recordings forth in the preamble. apply to the Covered Entities in lieu of other through an Authorized Web Site, within the 1.15 ‘‘Performers’’ means the rates and terms applicable under 17 U.S.C. Territory, by means of Web Site independent administrators identified in 17 112 and 114. Performances, may do so in accordance with 2.3 Agreement Nonprecedential. U.S.C. 114(g)(2)(B) and (C) and the and subject to the limitations set forth in this Consistent with 17 U.S.C. 114(f)(5)(C), this individuals and entities identified in 17 Agreement; provided that: (i) Such Agreement, including any rate structure, fees, transmissions are made in strict conformity U.S.C. 114(g)(2)(D). terms, conditions, and notice and 1.16 ‘‘Person’’ means a natural person, a with the provisions of 17 U.S.C. 114(d)(2)(A) recordkeeping requirements set forth therein, and (C); and (ii) such Covered Entities corporation, a limited liability company, a is nonprecedential and shall not be comply with all of the terms and conditions partnership, a trust, a joint venture, any introduced nor used by any Person, of this Agreement and all applicable governmental authority or any other entity or including the Parties and any Covered copyright laws. For clarity, there is no limit organization. Entities, admissible as evidence or otherwise to the number of Web Site Performances that 1.17 ‘‘Phonorecords’’ shall have the taken into account in any administrative, a Covered Entity may transmit during the meaning set forth in 17 U.S.C. 101. judicial, or other proceeding involving the Term under the provisions of this Section 1.18 ‘‘Side Channel’’ means any Internet- setting or adjustment of the royalties payable 3.1(a), if such Web Site Performances only program available on an Authorized for the public performance or reproduction in otherwise satisfy the requirements of this Web Site or an archived program on such ephemeral phonorecords or copies of sound Agreement. Authorized Web Site that, in either case, recordings, the determination of terms or (b) Ephemeral Phonorecords. In conforms to all applicable requirements conditions related thereto, or the consideration for the payment of the License establishment of notice or recordkeeping under 17 U.S.C. 114. Fee by CPB, SoundExchange agrees that requirements by the Copyright Royalty Covered Entities that make and use solely for 1.19 ‘‘SoundExchange’’ shall have the Judges under 17 U.S.C. 114(f)(4) or 112(e)(4), purposes of transmitting Web Site meaning set forth in the preamble and shall or any administrative or judicial proceeding Performances as described in Section 3.1(a), include any successors and assigns to the pertaining to rates, terms or reporting within the Territory, Phonorecords of all or extent permitted by this Agreement. obligations for any yet-to-be-created right to any portion of any Sound Recordings 1.20 ‘‘Sound Recording’’ shall have the collect royalties for the performance of (‘‘Ephemeral Phonorecords’’), may do so in meaning set forth in 17 U.S.C. 101. Sound Recordings by any technology now or accordance with and subject to the 1.21 ‘‘Term’’ shall have the meaning set hereafter known. Any royalty rates, rate limitations set forth in this Agreement; forth in Section 7.1. structure, definitions, terms, conditions and provided that: (i) Such Phonorecords are 1.22 ‘‘Territory’’ means the United States, notice and recordkeeping requirements limited solely to those necessary to encode its territories, commonwealths and included in this Agreement shall be Sound Recordings in different formats and at possessions. considered as a compromise motivated by the different bit rates as necessary to facilitate 1.23 ‘‘URL’’ shall have the meaning set unique business, economic and political Web Site Performances licensed hereunder; forth in Section 1.3. circumstances of webcasters, copyright (ii) such Phonorecords are made in strict 1.24 ‘‘Web Site’’ means a site located on owners, and performers, and the pending conformity with the provisions set forth in 17 appeal of the decision of the Copyright U.S.C. 112(e)(1)(A)–(D); and (iii) the Covered the World Wide Web that can be located by Royalty Judges by NPR on behalf of itself and Entities comply with 17 U.S.C. 112(a) and (e) a Web Site User through a principal URL. its member stations, rather than as matters and all of the terms and conditions of this 1.25 ‘‘Web Site Performances’’ means all that would have been negotiated in the Agreement. public performances by means of digital marketplace between a willing buyer and a 3.2 Limited Right to Sublicense. Rights audio transmissions of Sound Recordings, willing seller, or otherwise meet the under this Agreement are not sublicensable, including the transmission of any portion of objectives set forth in Section 801(b) of the except that a Covered Entity may employ the any Sound Recording, made through an Copyright Act. services of a third Person to provide the Authorized Web Site in accordance with all 2.4 Reservation of Rights. The Parties technical services and equipment necessary requirements of 17 U.S.C. 114, from servers agree that the entering into of this Agreement to deliver Web Site Performances on behalf used by a Covered Entity (provided that the shall be without prejudice to any of their of such Covered Entity pursuant to Section Covered Entity controls the content of all respective positions in any proceeding with 3.1, but only through an Authorized Web materials transmitted by the server), or by a respect to the rates, terms or reporting Site. Any agreement between a Covered sublicensee authorized pursuant to Section obligations to be established for the making Entity and any third Person for such services 3.2, that consist of either (a) the of Ephemeral Phonorecords or the digital shall (i) contain the substance of all terms retransmission of a Covered Entity’s over-the- audio transmission of Sound Recordings after and conditions of this Agreement and the Term of this Agreement on or by Covered obligate such third Person to provide all such air terrestrial radio programming or (b) the Entities under 17 U.S.C. 112 and 114 and services in accordance with all applicable digital transmission of nonsubscription Side their implementing regulations. The Parties terms and conditions of this Agreement, Channels that are programmed and further acknowledge and agree that the including, without limitation, Articles 3, 5 controlled by the Covered Entity. This term entering of this Agreement, the performance and 6; (ii) specify that such third Person shall does not include digital audio transmissions of its terms, and the acceptance of any have no right to make Web Site Performances made by any other means. payments and reporting by SoundExchange or any other performances or Phonorecords 1.26 ‘‘Web Site Users’’ means all those (i) do not express or imply any on its own behalf or on behalf of any Person who access or receive Web Site Performances acknowledgement that CPB, Covered Entities, or entity other than a Covered Entity through or who access any Authorized Web Site. or any other persons are eligible for the the Covered Entity’s Authorized Web Site by

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virtue of this Agreement, including in the Covered Entity shall not include termination of $0.00251 per ATH. Such payment shall be case of Phonorecords, pre-encoding or of this Agreement in its entirety or due no later than March 1, 2011. otherwise establishing a library of Sound termination of the rights of other Covered 4.4 Station Growth True-Up: If the total Recordings that it offers to a Covered Entity Entities, except that if CPB breaches or number of Originating Public Radio Stations or others for purposes of making otherwise fails to perform any of the material that wish to make Web Site Performances in performances, but instead must obtain all terms of this Agreement, or such a breach or any of calendar year 2008, 2009 and 2010 necessary licenses from SoundExchange, the failure by a Covered Entity results from CPB’s exceeds the number of such Originating copyright owner or another duly authorized inducement, and CPB does not cure such Public Radio Stations considered Covered Person, as the case may be; (iii) specify that breach or failure within thirty (30) days after Entities in the relevant year, and the excess such third Person shall have no right to grant receiving notice thereof from Originating Public Radio Stations do not any further sublicenses; and (iv) provide that SoundExchange, then SoundExchange may wish to pay royalties for such Web Site SoundExchange is an intended third-party terminate this Agreement in its entirety, and Performances apart from this Agreement, beneficiary of all such obligations with the a prorated portion of the License Fee for the CPB may elect by written notice to right to enforce a breach thereof against such remainder Term shall, after deduction of any SoundExchange to increase the number of third party. damages payable to SoundExchange by virtue Originating Public Radio Stations considered 3.3 Limitations. of the breach or failure, be credited to Covered Entities in the relevant year effective (a) Reproduction of Sound Recordings. statutory royalty obligations of Covered as of the date of the notice. To the extent of Except as provided in Section 3.2, nothing in Entities to SoundExchange for the Term as any such elections for all or any part of this Agreement grants Covered Entities, or specified by CPB. calendar year 2008, 2009 or 2010, CPB shall authorizes Covered Entities to grant to any make an additional payment to other Person (including, without limitation, Article 4 SoundExchange for each calendar year or any Web Site User, any operator of another Consideration part thereof it elects to have an additional Web Site or any authorized sublicensee), the 4.1 License Fee. The total license fee for Originating Public Radio Station considered right to reproduce by any means, method or all Web Site Performances and Ephemeral a Covered Entity, in the amount of five process whatsoever, now known or hereafter Phonorecords made during the Term shall be hundred dollars ($500) per Originating developed, any Sound Recordings, including, one million eight hundred and fifty thousand Public Radio Station per year. Such payment but not limited to, transferring or dollars ($1,850,000) (the ‘‘License Fee’’), shall accompany the notice electing to have downloading any such Sound Recordings to unless additional payments are required as an additional Originating Public Radio a computer hard drive, or otherwise copying described in Section 4.3 or 4.4. The Parties Station considered a Covered Entity. the Sound Recording onto any other storage acknowledge that CPB has paid 4.5 Late Fee. The Parties hereby agree to medium. SoundExchange two hundred and fifty the terms set forth in 37 CFR 380.4(e) as if (b) No Right of Public Performance. Except thousand dollars ($250,000) of such amount that Section (and the applicable definitions as provided in Section 3.2, nothing in this prior to the Execution Date. Within ten (10) provided in 37 CFR 380.2) were set forth Agreement authorizes Covered Entities to business days after publication of this herein. grant to any Person the right to perform Agreement in the Federal Register, CPB shall 4.6. Payments to Third Persons. publicly, by means of digital transmission or pay SoundExchange the balance of one (a) SoundExchange and CPB agree that, otherwise, any Sound Recordings. million six hundred thousand dollars except as provided in Section 4.6(b), all (c) No Implied Rights. The rights granted ($1,600,000). obligations of, inter alia, clearance, payment in this Agreement extend only to Covered 4.2 Calculation of License Fee. The or attribution to third Persons, including, by Entities and grant no rights, including by Parties acknowledge that the License Fee way of example and not limitation, music implication or estoppel, to any other Person, includes: (i) An annual minimum fee of five publishers and performing rights except as expressly provided in Section 3.2. hundred dollars ($500) for each Covered organizations (PROs) for use of the musical Without limiting the generality of the Entity for each year during the Term, except compositions embodied in Sound foregoing, this Agreement does not grant to that the annual minimum fee was calculated Recordings, shall be solely the responsibility Covered Entities (i) any copyright ownership at two hundred and fifty dollars ($250) per of CPB and the Covered Entities. interest in any Sound Recording; (ii) any year for each Covered Entity substantially all (b) SoundExchange and CPB agree that all trademark or trade dress rights; (iii) any of the programming provided by which is obligations of distribution of the License Fee rights outside the Territory; (iv) any rights of reasonably classified as news, talk, sports or to Copyright Owners and Performers in publicity or rights to any endorsement by business programming; (ii) additional usage accordance with 37 C.F.R 380.4(g) shall be SoundExchange or any other Person; or (v) fees calculated in accordance with the solely the responsibility of SoundExchange. any rights outside the scope of a statutory royalty rate structure applicable to In making such distribution, SoundExchange license under 17 U.S.C. 112(e) and 114. noncommercial webcasters under the Small has discretion to allocate the License Fee (d) Territory. The rights granted in this Webcaster Settlement Act of 2002 (see 68 FR between Section 112 and 114 in the same Agreement shall be limited to the Territory. 35,008 (June 11, 2003)); and (iii) a discount manner as the majority of other webcasting (e) No Syndication Rights. Nothing in this that reflects the administrative convenience royalties. Agreement authorizes any Web Site to SoundExchange of receiving one payment Article 5 Performances to be accessed by Web Site that covers a large number of separate entities Users through any Web Site other than an for six (6) calendar years, as well as the ‘‘time Reporting, Auditing and Confidentiality Authorized Web Site. value’’ of money and protection from bad 5.1 Reporting. CPB and Covered Entities 3.4 Effect of Non-Performance by any debt that arises from being paid in advance shall submit reports of use concerning Web Covered Entity. In the event that any Covered for calendar years 2009 and 2010. Site Performances as set forth in Attachments Entity breaches or otherwise fails to perform 4.3 Total Music ATH True-Up: If the total 1 and 2. any of the material terms of this Agreement Music ATH for all Covered Entities, in the 5.2 Verification of Information. The it is required to perform (including any aggregate for calendar years 2008, 2009 and Parties hereby agree to the terms set forth in obligations applicable under Section 112 or 2010 combined, as estimated in accordance 37 CFR 380.4(h) and 380.6 as if those 114), or otherwise materially violates the with the methodology described in Sections (and the applicable definitions terms of this Agreement or Section 112 or Attachment 1, is greater than seven hundred provided in 37 CFR 380.2) were set forth 114 or their implementing regulations, the sixty four million six hundred thousand herein. The exercise by SoundExchange of remedies of SoundExchange shall be specific (764,600,000) (approximately the amount any right under this Section 5.2 shall not to that Covered Entity only, and shall that would result from 10% year-over-year prejudice any other rights or remedies of include, without limitation, (i) termination of Music ATH growth in 2008, 2009 and 2010), SoundExchange. that Covered Entity’s rights hereunder upon CPB shall make an additional payment to 5.3 Confidentiality. The Parties hereby written notice to CPB, and (ii) the rights of SoundExchange for all such Music ATH in agree to the terms set forth in 37 CFR § 380.5 SoundExchange and Copyright owners under excess of seven hundred sixty four million as if that Section (and the applicable applicable law. SoundExchange’s remedies six hundred thousand (764,600,000) for all definitions provided in 37 CFR § 380.2) were for such a breach or failure by an individual Covered Entities in the aggregate at the rate set forth herein, except that:

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(a) The following shall be added to the end (b) Applicability of Copyright Law. Any 8.3 Severability. Whenever possible, each of the first sentence of § 380.5(b): ‘‘or Web Site Performances made by a Covered provision of this Agreement shall be documents or information that become Entity or other Originating Public Radio interpreted in such a manner as to be publicly known through no fault of Station in violation of the terms of this effective and valid under applicable law, but SoundExchange or are known by Agreement or Section 112 or 114 or their if any provision of this Agreement shall be SoundExchange when disclosed by CPB’’; implementing regulations (except to the prohibited by or invalid under applicable (b) The following shall be added at the end extent such implementing regulations are law, such provisions shall be ineffective to of § 380.5(c): ‘‘and enforcement of the terms inconsistent with this Agreement), outside the extent of such prohibition or invalidity, of this Agreement’’; and the scope of this Agreement, or after the without invalidating the remainder of such (c) The following shall be added at the end expiration or termination of this Agreement provision or the remaining provisions of this of § 380.5(d)(4): ‘‘subject to the provisions of for any reason shall be fully subject to, Agreement. Section 2.3 of this Agreement’’ among other things, the copyright owners’ 8.4 Amendment. This Agreement may be rights under 17 U.S.C. 106(6), the remedies modified or amended only by a writing Article 6 in 17 U.S.C. 501 et seq., the provisions of 17 signed by the Parties. Non-Participation In Further Proceedings U.S.C. 112(e) and 114, and their 8.5 Entire Agreement. This Agreement implementing regulations unless the Parties expresses the entire understanding of the CPB and any Covered Entity making Web have entered into a new agreement for such Parties and supersedes all prior and Site Transmissions in reliance on this Web Site Performances. contemporaneous agreements and Agreement shall not directly or indirectly undertakings of the Parties with respect to participate as a party, amicus curiae or Article 8 the subject matter hereof. otherwise, or in any manner give evidence or Miscellaneous 8.6 Headings. The titles used in this otherwise support or assist, in any further 8.1 Applicable Law and Venue. This Agreement are used for convenience only proceedings to determine royalty rates and Agreement shall be governed by, and and are not to be considered in construing or terms for digital audio transmission or the construed in accordance with, the laws of the interpreting this Agreement. reproduction of Ephemeral Phonorecords District of Columbia (without giving effect to In witness whereof, the Parties hereto have under Section 112 or 114 of the Copyright conflicts of law principles thereof). All executed this Agreement as of the date first Act for all or any part of the Term, including actions or proceedings arising directly or above written. any appeal of the Final Determination of the indirectly from or in connection with this Attachment 1 Copyright Royalty Judges, published in the Agreement shall be litigated only in the Federal Register at 72 FR 24084 (May 1, United States District Court for the District of Reporting 2007), any proceedings on remand from such Columbia located in Washington, DC. The 1. Definitions. The following terms shall an appeal, or any other related proceedings, Parties and Covered Entities, to the extent unless subpoenaed on petition of a third have the meaning set forth below for permitted under their state or tribal law, purposes of this Attachment 1. All other party (without any action by CPB or a consent to the jurisdiction and venue of the capitalized terms shall have the meaning set Covered Entity to encourage such a petition) foregoing court and consent that any process forth in Article 1 of the Agreement. and ordered to testify in such proceeding. or notice of motion or other application to (a) ‘‘Content Logs’’ shall have the meaning Notwithstanding anything to the contrary said court or a judge thereof may be served set forth in Section 4(a)(ii) of this Attachment herein, any entity that is eligible to be treated inside or outside the District of Columbia by 1. as a ‘‘Covered Entity’’ but that that does not registered mail, return receipt requested, (b) ‘‘Current Period’’ shall mean the period elect to be treated as a Covered Entity may directed to the Person for which it is commencing with the first day after the end elect to participate in such proceedings. intended at its address set forth in this of the Historic Period and continuing to the Article 7 Agreement (and service so made shall be end of the Term. deemed complete five (5) days after the same (c) ‘‘Historic Period’’ shall mean the period Term and Termination has been posted as aforesaid) or by personal from April 1, 2004 through the last day of the 7.1 Term. The term of this Agreement service or in such other manner as may be month of the Execution Date. commenced as of January 1, 2005, and ends permissible under the rules of that court. (d) ‘‘Major Format Group’’ shall mean each as of December 31, 2010 (‘‘Term’’). As 8.2 Rights Cumulative. The remedies of the following format descriptions conditions precedent to reliance on the terms provided in this Agreement and available characterizing the programming offered by of this Agreement by any Covered Entity, (a) under applicable law shall be cumulative and various Covered Entities: (i) Classical; (ii) CPB must pay the License Fee as and when shall not preclude assertion by any Party of jazz; (iii) music mix; (iv) news and specified in Section 4.1, and (b) NPR must any other rights or the seeking of any other information; (v) news/classical; (vi) news/ withdraw its appeal of the Final remedies against the other Party hereto. This jazz; (vii) news/music mix; and (viii) adult Determination of the Copyright Royalty Agreement shall not constitute a waiver of album alternative. A Covered Entity’s Major Judges, published in the Federal Register at any violation of Section 112 or 114 or their Format Group is determined based on the 72 FR 24084 (May 1, 2007), which it has implementing regulations (except to the format description best describing the agreed to do within ten (10) days after the extent such implementing regulations are programming of the principal broadcast publication of this Agreement in the Federal inconsistent with this Agreement). No failure service offered by the Covered Entity and Register. to exercise and no delay in exercising any will include all channels streamed. 7.2 Mutual Termination. This Agreement right, power or privilege shall operate as a (e) ‘‘Reporting Data’’ shall mean, for each may be terminated in writing upon mutual waiver of such right, power or privilege. Sound Recording for which Reporting Data is agreement of the Parties. Neither this Agreement nor any such failure to be provided, (1) the relevant Covered 7.3 Consequences of Termination. or delay shall give rise to any defense in the Entity (including call sign and community of (a) Survival of Provisions. In the event of nature of laches or estoppel. No single or license of any terrestrial broadcast station the expiration or termination of this partial exercise of any right, power or and any Side Channel(s)); (2) the title of the Agreement for any reason, the terms of this privilege granted under this Agreement or song or track performed; (3) the featured Agreement shall immediately become null available under applicable law shall preclude recording artist, group, or orchestra; (4) the and void, and cannot be relied upon for any other or further exercise thereof or the title of the commercially available album or making any further Web Site Performances or exercise of any other right, power or other product on which the Sound Recording Ephemeral Phonorecords, except that (i) privilege. No waiver by either Party of full is found; (5) the marketing label of the Articles 6 and 8 and Sections 2.3, 5.2 and 7.3 performance by the other Party in any one or commercially available album or other shall remain in full force and effect; and (ii) more instances shall be a waiver of the right product on which the sound recording is Article 4 and Section 5.1 shall remain in to require full and complete performance of found; and (6) play frequency. effect after the expiration or termination of this Agreement and of obligations under (f) ‘‘Specified Reports’’ are reports that this Agreement to the extent obligations applicable law thereafter or of the right to provide Reporting Data concerning over-the- under Article 4 or Section 5.1 accrued prior exercise the remedies of SoundExchange air performances of Sound Recordings that to any such termination or expiration. under Section 3.4. are also Web Site Performances by an

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Originating Public Radio Station. The Parties (iii) CPB has previously provided based logs of Music ATH throughout the agree that such reports will initially be the SoundExchange with the Streaming Census reporting period before the ATH Report is ones provided by Mediaguide, Inc. or a Report dated October 18, 2007 which submitted to SoundExchange. successor thereto (‘‘Mediaguide’’). In the SoundExchange has accepted which includes (iii) Additional Data Reporting. Each event that Mediaguide, or other agreed-upon estimates of total Music ATH during the quarter, CPB shall, for Covered Entities source of Specified Reports, should cease to Historic Period, and of the allocation thereof representing the highest 20% of reported provide Reporting Data that satisfy the to Major Format Groups, Covered Entities Music ATH in 2009 and the highest 30% of function of such reports hereunder, the and applicable period. reported Music ATH in 2010, provide Parties shall promptly identify and agree 4. Data Collection and Reporting for the SoundExchange Reporting Data collected upon an alternative vendor of reports, or an Current Period. CPB shall provide data continuously during each 24 hour period for alternative approach to providing Reporting regarding Web Site Performances during the the majority of their Web Site Performances, Data to SoundExchange, provided that such Current Period to SoundExchange, and along with the Covered Entity’s Music ATH, alternative reports or approaches are Covered Entities shall provide such data to for the relevant quarter. If during any available on commercial terms comparable to CPB, consistent with the following terms: calendar quarter of the Current Period, Mediaguide reports. (a) ATH and Content Logs. For each additional Covered Entities, in the ordinary 2. General. calendar quarter during the Current Period: course of business, collect Reporting Data All data required to be provided hereunder (i) Music ATH Reporting. CPB shall continuously during each 24 hour period for shall be provided to SoundExchange provide reports (the ‘‘ATH Reports’’) of the majority of their Web Site Performances, electronically in the manner provided in 37 Music ATH by Covered Entities reasonably CPB shall provide SoundExchange such data, CFR 370.3(d), except to the extent the parties representative of all Major Format Groups, along with each such Covered Entity’s Music agree otherwise. CPB shall consult with having relatively high Music ATH among the ATH, for the relevant quarter. SoundExchange in advance concerning the set of Covered Entities, and representing at (b) ATH and Format Surveys. CPB shall content and format of all data to be provided least 60% of the total Music ATH by the semiannually survey all Covered Entities to hereunder, and shall provide data that is Covered Entities in 2009 and at least 80% of ascertain the number, format and Music ATH accurate, to the best of CPB’s and the relevant the total Music ATH by the Covered Entities of all channels (including but not limited to Covered Entity’s knowledge, information and in 2010. Such ATH reports shall be Side Channels) over which such Covered belief. The methods used to make estimates, accompanied by the Content Logs described Entities make Web Site Performances. CPB predictions and projections of data shall be in Section 4(a)(ii) for the periods described shall provide the results of such survey to subject to SoundExchange’s prior written therein for all Covered Entities for which SoundExchange within sixty (60) days after approval, which shall not be unreasonably ATH Reports are provided. All ATH Reports the end of the semiannual period to which withheld. and Content Logs for a quarter shall be it pertains. 3. Data for the Historic Period. provided by CPB together in one single batch, (c) Consolidated Reporting. Each quarter, (a) For 2004. CPB and SoundExchange but all data shall be broken out by Covered CPB shall provide the information required shall use reasonable efforts to obtain Entity and identify each Covered Entity’s available Specified Reports regarding Major Format Group. The ATH Reports shall by this Section 4 in one delivery to Covered Entities for the period April 1, 2004 be in a form similar to the Streaming Census SoundExchange, with a list of all Covered through December 31, 2004. NPR has Report dated October 18, 2007, which Entities indicating which are and are not previously provided SoundExchange with all reported two hundred ten million reporting for such quarter. available Music ATH data from the Music (210,000,000) total Music ATH for all (d) Timing. Except as otherwise provided Webcasting Report dated September, 2004, in Covered Entities for calendar year 2007, above, all information required to be the form of an Excel spreadsheet. CPB except as otherwise provided in this Section provided to SoundExchange under this represents that such data includes Music 4(a)(i). If the ATH Reports satisfy the Section 4 shall be provided as soon as ATH data for all Major Format Groups. requirements set forth above in this Section practicable, and in any event by no later than (b) For 2005–2008. 4(a)(i), all Covered Entities shall be deemed sixty (60) days after the end of the quarter to (i) If Covered Entities have Reporting Data, in compliance with the terms of this Section which it pertains. Such data shall be or other information reportable under 37 CFR 4(a)(i). provided in a format consistent with Part 370, with respect to Web Site (ii) Reporting Period and Data. The Attachment 2. Performances during the Historic Period, information about Music ATH referenced in 5. Development of Technological such Covered Entities shall provide such Section 4(a)(i) shall be collected from Solutions. During the Term, CPB and information to CPB, which shall provide the Covered Entities for two 7-consecutive-day Covered Entities shall cooperate in good faith same to SoundExchange, as soon as reporting periods per quarter in 2009 and with efforts by SoundExchange to develop practicable, and in any event by no later than 2010. The first ATH Report shall be provided and test a technological solution that sixty (60) days after the end of the Historic no later than 180 days after the Execution facilitates reporting. Period. Such data shall be provided in a Date. Thereafter, the ATH Reports shall be Attachment 2 format consistent with Attachment 2. provided within thirty (30) days of the end (ii) CPB and SoundExchange shall use of each calendar quarter. During these Reporting Format reasonable efforts to obtain available reporting periods, Covered Entities described 1. Format for Reporting Data. All Reporting Specified Reports regarding Covered Entities in Section 4(a)(i) above shall prepare logs Data provided under Attachment 1, Sections for the Historic Period. CPB and containing Reporting Data for all their Web 3(b)(i) and 4(a)(ii) shall be delivered to SoundExchange shall each pay one-half of Site Performances (‘‘Content Logs’’). These SoundExchange in accordance with the the costs for such Specified Reports. Content Logs shall be compared with server- following format:

Column 1 ...... Station or Side Channel Column 2 ...... Sound Recording Title Column 3 ...... Featured Artist, Group or Orchestra Column 4 ...... Album Column 5 ...... Marketing Label Column 6 ...... Play Frequency

2. Format for Music ATH. All Music ATH a. Section 3(b)(i) (the ‘‘Historic Period’’) Column 4 ...... 2004 and 2007 reporting by Covered Entities under the following provisions of Attachment 1 shall be Column 1 ...... Station or Side Channel b. Section 4(a)(i) (the ‘‘Current Period’’) delivered to SoundExchange in accordance Column 2 ...... Major Format Group with the following format: Column 3 ...... ATH

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Column 1 ...... Station or Side Channel 4.1) over which it transmits Broadcast Transmissions. On any such election form, Column 2 ...... Major Format Group Retransmissions, and for all of its channels the Broadcaster must, among other things, Column 3 ...... ATH and stations over which it transmits identify all its stations making Eligible Column 4 ...... Reporting Period Broadcaster Webcasts in the aggregate, in any Transmissions. If, subsequent to making an calendar year in which it is to be considered election, there are changes in the a Small Broadcaster, meets the following Broadcaster’s corporate name or stations 3. Major Format Groups. All requirements additional eligibility criteria: (i) During the making Eligible Transmissions, or other to provide ‘‘Major Format Group’’ as that prior year it made Eligible Transmissions changes in its corporate structure that affect term is defined in Attachment 1, Section totaling less than 27,777 aggregate tuning the application of these Rates and Terms, the 1(d), shall correspond with one of the hours; and (ii) during the applicable year it Broadcaster shall promptly notify following: reasonably expects to make Eligible SoundExchange thereof. Notwithstanding Transmissions totaling less than 27,777 anything else in these Rates and Terms, a Major format groups aggregate tuning hours; provided that, one person or entity otherwise qualifying as a time during the period 2006–2015, a Broadcaster that has participated in any way Classical Broadcaster that qualified as a Small in any appeal of the Final Determination of Jazz Broadcaster under the foregoing definition as the Copyright Royalty Judges concerning Music Mix of January 31 of one year, elected Small royalty rates and terms under Sections 112(e) News and Information Broadcaster status for that year, and and 114 of the Copyright Act for the period News/Classical unexpectedly made Eligible Transmissions January 1, 2006, through December 31, 2010 News/Jazz on one or more channels or stations in excess published in the Federal Register at 72 FR News/Music Mix of 27,777 aggregate tuning hours during that 24084 (May 1, 2007) (the ‘‘Final Adult Album Alternative year, may choose to be treated as a Small Determination’’) or any proceeding before the Broadcaster during the following year Copyright Royalty Judges to determine Appendix B—Agreed Rates and Terms notwithstanding clause (i) above if it royalty rates and terms under Sections 112(e) for Broadcasters implements measures reasonably calculated and 114 of the Copyright Act for the period to ensure that that it will not make Eligible January 1, 2011, through December 31, 2015 Article 1—Definitions Transmissions exceeding 27,777 aggregate (including Docket No. 2009–1 CRB 1.1 General. In general, words used in the tuning hours during that following year. As Webcasting III and Docket No. 2009–2 CRB rates and terms set forth herein (the ‘‘Rates to channels or stations over which a New Subscription II, as noticed in the and Terms’’) and defined in 17 U.S.C. 112(e) Broadcaster transmits Broadcast Federal Register at 74 FR 318–20 (Jan. 5, or 114 or 37 CFR Part 380 shall have the Retransmissions, the Broadcaster may elect 2009)) shall not have the right to elect to be meanings specified in those provisions as in Small Broadcaster status only with respect to treated as a Broadcaster or claim the benefit effect on the date hereof, with such any of its channels or stations that meet all of these Rates and Terms, unless it exceptions or clarifications set forth in of the foregoing criteria. withdraws from such proceeding prior to Section 1.2. (f) ‘‘SoundExchange’’ shall mean submitting to SoundExchange a completed 1.2 Additional Definitions SoundExchange, Inc. and shall include its and signed election form as contemplated by (a) ‘‘Broadcaster’’ shall mean a webcaster successors and assigns. this Section 2.2. as defined in 17 U.S.C. 114(f)(5)(E)(iii) that (i) Article 2—Agreement Pursuant to 2.3 Election of Small Broadcaster Status. has a substantial business owning and A Broadcaster that elects to be subject to operating one or more terrestrial AM or FM Webcaster Settlement Act of 2008 these Rates and Terms and qualifies as a radio stations that are licensed as such by the 2.1 Availability of Rates and Terms. Small Broadcaster may elect to be treated as Federal Communications Commission; (ii) Pursuant to the Webcaster Settlement Act of a Small Broadcaster for any one or more has obtained a compulsory license under 17 2008, and subject to the provisions set forth calendar years that it qualifies as a Small U.S.C. 112(e) and 114 and the implementing below, Broadcasters may elect to be subject Broadcaster. To do so, the Small Broadcaster regulations therefor to make Eligible to the rates and terms set forth herein (the shall submit to SoundExchange a completed Transmissions and related ephemeral ‘‘Rates and Terms’’) in their entirety, with and signed election form (available on the recordings; (iii) complies with all applicable respect to such Broadcasters’ Eligible SoundExchange Web site at http:// provisions of Sections 112(e) and 114 and Transmissions and related ephemeral www.soundexchange.com) by no later than applicable regulations; and (iv) is not a recordings, for all of the period beginning on January 31 of the applicable year, except that noncommercial webcaster as defined in 17 January 1, 2006, and ending on December 31, election forms for 2006–2009 shall be due by U.S.C. 114(f)(5)(E)(i). 2015, in lieu of other rates and terms from no later than the date for the election (b) ‘‘Broadcaster Webcasts’’ shall mean time to time applicable under 17 U.S.C. provided in Section 2.2. On any such eligible nonsubscription transmissions made 112(e) and 114, by complying with the election form, the Broadcaster must, among by a Broadcaster over the internet that are not procedure set forth in Section 2.2 hereof. Any other things, certify that it qualifies as a Broadcast Retransmissions. person or entity that does not satisfy the Small Broadcaster; provide information about (c) ‘‘Broadcast Retransmissions’’ shall eligibility criteria to be a Broadcaster must its prior year aggregate tuning hours and the mean eligible nonsubscription transmissions comply with otherwise applicable rates and formats of its stations (e.g., the genres of made by a Broadcaster over the internet that terms. music they use); and provide other are retransmissions of terrestrial over-the-air 2.2 Election Process in General. To elect information requested by SoundExchange for broadcast programming transmitted by the to be subject to these Rates and Terms, in lieu use in creating a royalty distribution proxy. Broadcaster through its AM or FM radio of any royalty rates and terms that otherwise Even if a Broadcaster has once elected to be station, including ones with substitute might apply under 17 U.S.C. 112(e) and 114, treated as a Small Broadcaster, it must make advertisements or other programming for all of the period beginning on January 1, a separate, timely election in each occasionally substituted for programming for 2006, and ending on December 31, 2015, a subsequent year in which it wishes to be which requisite licenses or clearances to Broadcaster shall submit to SoundExchange treated as a Small Broadcaster. transmit over the internet have not been a completed and signed election form 2.4 Representation of Compliance and obtained. For the avoidance of doubt, a (available on the SoundExchange Web site at Non-waiver. By electing to operate pursuant Broadcast Retransmission does not include http://www.soundexchange.com) by the later to the Rates and Terms, an entity represents programming transmitted on an internet-only of (i) March 31, 2009; (ii) 30 days after and warrants that it qualifies as a Broadcaster side channel. publication of these Rates and Terms in the and/or Small Broadcaster, as the case may be. (d) ‘‘Eligible Transmission’’ shall mean Federal Register; or (iii) in the case of a By accepting an election by a transmitting either a Broadcaster Webcast or a Broadcast Broadcaster that is not making Eligible entity or payments or reporting made Retransmission. Transmissions as of the publication of these pursuant to these Rates and Terms, (e) ‘‘Small Broadcaster’’ shall mean a Rates and Terms in the Federal Register but SoundExchange does not acknowledge that Broadcaster that, for any of its channels and begins doing so at a later time, 30 days after the transmitting entity qualifies as a stations (determined as provided in Section the Broadcaster begins making such Eligible Broadcaster or Small Broadcaster or that it

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has complied with the requirements of the and grant no rights, including by implication Register and December 31, 2015, statutory licenses under Sections 112(e) and or estoppel, to any other person or except as SoundExchange enters into an agreement 114 of the Copyright Act (including these specifically provided herein. Without with a Broadcaster specifying terms and Rates and Terms). It is the responsibility of limiting the generality of the foregoing, these conditions for the public performance of each transmitting entity to ensure that it is Rates and Terms do not grant (i) any sound recordings within the scope of the in full compliance with applicable copyright ownership interest in any sound statutory license provided by Section 114 by requirements of the statutory licenses under recording; (ii) any trademark or trade dress means of Eligible Transmissions, and the Sections 112(e) and 114 of the Copyright Act. rights; (iii) any rights outside the United making of related ephemeral recordings SoundExchange is not in a position to, and States (as defined in 17 U.S.C. 101); (iv) any within the scope of Section 112(e), upon does not, make determinations as to whether rights of publicity or rights to any principal financial or other material terms each of the many services that rely on the endorsement by SoundExchange or any other that are more favorable to such Broadcaster statutory licenses is eligible for statutory person; or (v) any rights with respect to than the principal financial or other material licensing or any particular royalty payment performances or reproductions outside the terms set forth in these Rates and Terms, then classification, nor does it continuously verify scope of these Rates and Terms or the SoundExchange shall afford electing that such services are in full compliance with statutory licenses under 17 U.S.C. 112(e) and Broadcasters hereunder the opportunity, in all applicable requirements. Accordingly, a 114. each Broadcaster’s sole discretion, to take Broadcaster agrees that SoundExchange’s Article 4—Royalties advantage of the terms and conditions of acceptance of its election, payment or such agreement, in their entirety, in lieu of reporting does not give or imply any 4.1 Minimum Fees. Each Broadcaster will these Rates and Terms, with respect to the acknowledgment that it is in compliance pay an annual, nonrefundable minimum fee Broadcaster’s Eligible Transmissions, from with the requirements of the statutory of $500 for each of its individual channels, the date such more favorable terms became licenses (including these Rates and Terms) including each of its individual side effective under such other agreement and and shall not be used as evidence that it is channels, and each of its individual stations, continuing until the earlier of (i) the in compliance with the requirements of the through which (in each case) it makes expiration of such other agreement, or (ii) statutory licenses (including these Rates and Eligible Transmissions, for each calendar December 31, 2015. Terms). SoundExchange and copyright year or part of a calendar year during 2006– 4.4 Ephemeral Royalty. The royalty owners reserve all their rights to take 2015 during which the Broadcaster is a payable under 17 U.S.C. 112(e) for any licensee pursuant to licenses under 17 U.S.C. enforcement action against a transmitting ephemeral reproductions made by a 112(e) and 114, provided that a Broadcaster entity that is not in compliance with all Broadcaster and covered hereby is deemed to shall not be required to pay more than applicable requirements that are not be included within the royalty payments set $50,000 in minimum fees in the aggregate inconsistent with these Rates and Terms. forth above. SoundExchange has discretion to (for 100 or more channels or stations). For Article 3—Scope purposes of these Rates and Terms, each allocate payments hereunder between the statutory licenses under Sections 112(e) and 3.1 In General. In consideration for the individual stream (e.g., HD radio side 114 in the same manner as statutory payment of royalties pursuant to Article 4 channels, different stations owned by a single webcasting royalties for the period 2011– and such other consideration specified licensee) will be treated separately and be 2015, provided that such allocation shall not, herein, Broadcasters that have made a timely subject to a separate minimum, except that election to be subject to these Rates and identical streams for simulcast stations will by virtue of a Broadcaster’s agreement to this Terms as provided in Section 2.2 are entitled be treated as a single stream if the streams Section 4.4, be considered precedent in any to publicly perform sound recordings within are available at a single Uniform Resource judicial, administrative, or other proceeding. the scope of the statutory license provided by Locator (URL) and performances from all 4.5 Payment. Payments of all amounts Section 114 by means of Eligible such stations are aggregated for purposes of specified in these Rates and Terms shall be Transmissions, and to make related determining the number of payable made to SoundExchange. Minimum fees and, ephemeral recordings for use solely for performances hereunder. Upon payment of where applicable, the Proxy Fee shall be paid purposes of such Eligible Transmissions the minimum fee, the Broadcaster will by January 31 of each year. Once a within the scope of Section 112(e), in receive a credit in the amount of the Broadcaster’s royalty obligation under accordance with and subject to the minimum fee against any royalties payable Section 4.2 with respect to a channel or limitations set forth in these Rates and Terms for the same calendar year for the same station for a year exceeds the minimum fee and in strict conformity with the provisions channel or station. In addition, an electing it has paid for that channel or station and of 17 U.S.C. 112(e) and 114 and their Small Broadcaster also shall pay a $100 year, thereby recouping the credit provided implementing regulations (except as annual fee (the ‘‘Proxy Fee’’) to by Section 4.1, the Broadcaster shall make otherwise specifically provided herein or SoundExchange for the reporting waiver monthly payments at the per-performance waived by particular copyright owners with discussed in Section 5.1. rates provided in Section 4.2 beginning with respect to their respective sound recordings), 4.2 Royalty Rates. Royalties for Eligible the month in which the minimum fee first in lieu of other rates and terms from time to Transmissions made pursuant to 17 U.S.C. was recouped. time applicable under 17 U.S.C. 112(e) and 114, and the making of related ephemeral 4.6 Monthly Obligations. Broadcasters 114, for all of the period beginning on recordings pursuant to 17 U.S.C. 112(e), must make monthly payments where January 1, 2006, and ending on December 31, shall, except as provided in Section 5.3, be required by Section 4.5, and provide 2015. payable on a per-performance basis, as statements of account and reports of use, for 3.2 Applicability to All Eligible Services follows: each month on the 45th day following the Operated by or for a Broadcaster. If a end of the month in which the Eligible Transmissions subject to the payments, Broadcaster has made a timely election to be Year Rate per subject to these Rates and Terms as provided performance statements of account, and reports of use in Section 2.2, these Rates and Terms shall were made. apply to all Eligible Transmissions made by 2006 ...... $0.0008 4.7 Past Periods. Notwithstanding or for the Broadcaster that qualify as a 2007 ...... 0.0011 anything else in this Agreement, to the extent Performance under 37 CFR 380.2(i), and 2008 ...... 0.0014 that a Broadcaster that elects to be subject to related ephemeral recordings. For the 2009 ...... 0.0015 these Rates and Terms has not paid royalties avoidance of doubt, a Broadcaster may not 2010 ...... 0.0016 for all or any part of the period beginning on rely upon these Rates and Terms for its 2011 ...... 0.0017 January 1, 2006, and ending on February 28, Eligible Transmissions of one broadcast 2012 ...... 0.0020 2009, any amounts payable under these Rates channel or station and upon different Section 2013 ...... 0.0022 and Terms for Eligible Transmissions during 112(e) and 114 rates and terms for its Eligible 2014 ...... 0.0023 such period for which payment has not Transmissions of other broadcast channels or 2015 ...... 0.0025 previously been made shall be paid by no stations. later than April 30, 2009, including late fees 3.3 No Implied Rights. These Rates and 4.3 MFN. If at any time between as provided in Section 4.8 from the original Terms extend only to electing Broadcasters publication of this Agreement in the Federal due date.

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4.8 Late Fees. A Broadcaster shall pay a actual usage by that date, and if it is Maximum late fee for each instance in which any practicable for them to do so earlier, they Year percentage payment, any statement of account or any may wish not to elect Small Broadcaster report of use is not received by status. 2015 ...... 8% SoundExchange in compliance with these 5.2 Reporting by Other Broadcasters in Rates and Terms and applicable regulations General. Broadcasters other than electing To the extent that a Broadcaster chooses to by the due date. The amount of the late fee Small Broadcasters covered by Section 5.1 report and pay for usage on an aggregate shall be 1.5% of a late payment, or 1.5% of shall submit reports of use on a per- tuning hours basis pursuant to this Section the payment associated with a late statement performance basis in compliance with the 5.3, the Broadcaster shall (i) report and pay of account or report of use, per month, regulations set forth in 37 CFR Part 370, based on the assumption that the number of compounded monthly, or the highest lawful except that the following provisions shall sound recordings performed during the rate, whichever is lower. The late fee shall apply notwithstanding the provisions of relevant programming hours is 12 per hour; accrue from the due date of the payment, applicable regulations from time to time in (ii) pay royalties (or recoup minimum fees) statement of account or report of use until a effect: at the per-performance rates provided in fully-compliant payment, statement of (a) Broadcasters may pay for, and report Section 4.2 on the basis of clause (i) above; account or report of use is received by usage in, a percentage of their programming (iii) include aggregate tuning hours in reports SoundExchange, provided that, in the case of hours on an aggregate tuning hour basis as of use provided pursuant to Section 5.2; and a timely provided but noncompliant provided in Section 5.3. (iv) include in reports of use provided statement of account or report of use, (b) Broadcasters shall submit reports of use pursuant to Section 5.2 complete playlist SoundExchange has notified the Broadcaster to SoundExchange on a monthly basis. information for usage reported on the basis within 90 days regarding any noncompliance (c) As provided in Section 4.6, of aggregate tuning hours. SoundExchange that is reasonably evident to SoundExchange. Broadcasters shall submit reports of use by may distribute royalties paid on the basis of no later than the 45th day following the last aggregate tuning hours hereunder in Article 5—Reporting, Auditing and day of the month to which they pertain. accordance with its generally-applicable Confidentiality (d) Except as provided in Section 5.3, methodology for distributing royalties paid 5.1 Small Broadcasters. While Broadcasters shall submit reports of use to on such basis. SoundExchange’s ultimate goal is for all SoundExchange on a census reporting basis 5.4 Verification of Information. The webcasters to provide census reporting, (i.e., reports of use shall include every sound provisions of applicable regulations for the requiring census reporting by the smallest recording performed in the relevant month retention of records and verification of Broadcasters at this time may present undue and the number of performances thereof). statutory royalty payments (presently 37 CFR challenges for them, reduce compliance, and (e) Broadcasters shall either submit a 380.4(h) and 380.6) shall apply hereunder. significantly increase SoundExchange’s separate report of use for each of their The exercise by SoundExchange of any right distribution costs. Accordingly, on a stations, or a collective report of use covering under this Section 5.4 shall not prejudice any transitional basis for a limited time and for all of their stations but identifying usage on other rights or remedies of SoundExchange or purposes of these Rates and Terms only, and a station-by-station basis. sound recording copyright owners. in light of the unique business and (f) Broadcasters shall transmit each report 5.5 Confidentiality. The provisions of operational circumstances currently existing of use in a file the name of which includes applicable regulations concerning with respect to these entities, electing Small (i) the name of the Broadcaster, exactly as it confidentiality (presently 37 CFR 380.5 (and Broadcasters shall not be required to provide appears on its notice of use, and (ii) if the the applicable definitions provided in 37 reports of their use of sound recordings for report covers a single station only, the call CFR 380.2)) shall apply hereunder. Eligible Transmissions and related ephemeral letters of the station. recordings. The immediately preceding (g) Broadcasters shall submit reports of use Article 6—Additional Provisions sentence applies even if the Small with headers, as presently described in 37 6.1 Applicable Regulations. To the extent Broadcaster actually makes Eligible CFR 370.3(d)(7). not inconsistent with the Rates and Terms Transmissions for the year exceeding 27,777 (h) Broadcasters shall submit a separate herein, all applicable regulations, including aggregate tuning hours, so long as it qualified statement of account corresponding to each 37 CFR Parts 370 and 380, shall apply to as a Small Broadcaster at the time of its of their reports of use, transmitted in a file activities subject to these Rates and Terms. election for that year. Instead, the name of which includes (i) the name of 6.2 Participation in Specified SoundExchange shall distribute the aggregate the Broadcaster, exactly as it appears on its Proceedings. A Broadcaster that elects to be royalties paid by electing Small Broadcasters notice of use, and (ii) if the statement covers subject to these Rates and Terms agrees that based on proxy usage data in accordance a single station only, the call letters of the it has elected to do so in lieu of any different with a methodology adopted by station. statutory rates and terms that may otherwise SoundExchange’s Board of Directors. In 5.3 Limited ATH-Based Reporting. apply during any part of the 2006–2015 addition to minimum royalties hereunder, Recognizing the operational challenge of period and in lieu of participating at any time electing Small Broadcasters will pay to census reporting, Broadcasters generally in a proceeding to set rates and terms for any SoundExchange a $100 Proxy Fee to defray reporting pursuant to Section 5.2 may pay part of the 2006–2015 period. Thus, once a costs associated with this reporting waiver, for, and report usage in, a percentage of their Broadcaster has elected to be subject to these including development of proxy usage data. programming hours on an aggregate tuning Rates and Terms, it shall not at any time SoundExchange hopes that offering this hours basis, if (a) census reporting is not participate as a party, intervenor, amicus option to electing Small Broadcasters will reasonably practical for the programming curiae or otherwise, or give evidence or promote compliance with statutory license during those hours, and (b) if the total otherwise support or assist, in Intercollegiate obligations and thereby increase the pool of number of hours on a single report of use, Broadcasting Sys. v. Copyright Royalty Board royalties available to be distributed to provided pursuant to Section 5.2, for which (D.C. Circuit Docket Nos. 07–1123, 07–1168, copyright owners and performers. this type of reporting is used is below the 07–1172, 07–1173, 07–1174, 07–1177, 07– SoundExchange further hopes that selection maximum percentage set forth below for the 1178, 07–1179), Digital Performance Right in of a proxy believed by SoundExchange to relevant year: Sound Recordings and Ephemeral represent fairly the playlists of Small Recordings (Copyright Royalty Judges’ Broadcasters will allow payment to more Docket No. 2009–1 CRB Webcasting III), Year Maximum copyright owners and performers than would percentage Digital Performance Right in Sound be possible with any other reasonably Recordings and Ephemeral Recordings for a available option. Small Broadcasters should 2009 ...... 20% New Subscription Service (Copyright Royalty assume that, effective January 1, 2016, they 2010 ...... 18% Judges’ Docket No. 2009–2 CRB New will be required to report their actual usage 2011 ...... 16% Subscription II) or any successor proceedings in full compliance with then-applicable 2012 ...... 14% to determine royalty rates and terms for regulations. Small Broadcasters are 2013 ...... 12% reproduction of ephemeral phonorecords or encouraged to begin to prepare to report their 2014 ...... 10% digital audio transmission under Section

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112(e) or 114 of the Copyright Act for all or (a) The parties acknowledge this agreement agreement between SoundExchange and a any part of the period 2006–2015, including was entered into knowingly and willingly. Broadcaster with respect to their subject any appeal of the foregoing or any (b) This agreement is limited solely to matter and supersede all prior and proceedings on remand from such an appeal, webcasting royalties, and the parties contemporaneous agreements and unless subpoenaed on petition of a third acknowledge that it shall not be cited in undertakings of SoundExchange and a party (without any action by a Broadcaster to connection with any efforts to obtain, and Broadcaster with respect to the subject matter encourage or suggest such a subpoena or sets no precedent related to, over-the-air hereof. petition) and ordered to testify or provide performance royalties. documents in such proceeding. (c) The parties further agree that the Appendix C 6.3 Use of Agreement in Future preceding acknowledgement in Section 7.1(a) Agreed Rates and Terms Proceedings. does not in any way imply Broadcasters’ (a) Consistent with 17 U.S.C. 114(f)(5)(C), agreement that the royalty rate standard set 1. General and except as specifically provided in forth in 17 U.S.C. 114(f)(2)(B) is an (a) Availability of Rates and Terms. Section 6.3(b), neither the Webcaster appropriate rate standard to apply to Pursuant to the Webcaster Settlement Act of Settlement Act nor any provisions of these Broadcasters. Broadcasters shall never be 2008, and subject to the provisions of Section Rates and Terms shall be admissible as precluded by virtue of such 2, Eligible Small Webcasters may elect to be evidence or otherwise taken into account in acknowledgement from arguing in the subject to the rates and terms set forth herein any administrative, judicial, or other context of future legislation or otherwise that (the ‘‘Rates and Terms’’) in their entirety, government proceeding involving the setting a different royalty rate standard should apply with respect to their eligible nonsubscription or adjustment of the royalties payable for the to them, and SoundExchange shall never rely transmissions and related ephemeral public performance or reproduction in upon by such acknowledgement as a basis for recordings, in lieu of other rates and terms ephemeral phonorecords or copies of musical arguing that the royalty rate standard set applicable under 17 U.S.C. 112(e) and 114, works or sound recordings, the determination forth in 17 U.S.C. 114(f)(2)(B) should apply by complying with the procedure set forth in of terms or conditions related thereto, or the to Broadcasters. Section 2 hereof. Any person or entity that establishment of notice or recordkeeping 7.2 Applicable Law and Venue. These does not satisfy the eligibility criteria to be requirements by the Copyright Royalty Rates and Terms shall be governed by, and an Eligible Small Webcaster during any Judges. construed in accordance with, the laws of the calendar year during the period 2006–2015 (b) Pursuant to 17 U.S.C. 114(f)(5)(C), District of Columbia (without giving effect to must comply with otherwise applicable rates submission of these Rates and Terms in a conflicts of law principles thereof). All and terms for that year. actions or proceedings arising directly or proceeding under 17 U.S.C. 114(f) is (b) Compliance. Any Eligible Small indirectly from or in connection with these expressly authorized. For the avoidance of Webcaster relying upon the statutory licenses Rates and Terms shall be litigated only in the doubt, this Section 6.3(b) does not authorize set forth in 17 U.S.C. 112(e) and 114 shall United States District Court for the District of participation in a proceeding by an entity comply with the requirements of those Columbia located in Washington, DC. that has agreed not to participate in the Sections, these Rates and Terms and other SoundExchange and Broadcasters consent to proceeding (pursuant to Section 6.2 or applicable regulations. the jurisdiction and venue of the foregoing otherwise). (c) Effect of Direct Licenses. These Rates 6.4 Effect of Direct Licenses. Any court and consent that any process or notice and Terms are without prejudice to, and copyright owner may enter into a voluntary of motion or other application to said court subject to, any voluntary agreements that an agreement with any Broadcaster setting or a judge thereof may be served inside or Eligible Small Webcaster may have entered alternative Rates and Terms governing the outside the District of Columbia by registered into with any sound recording copyright Broadcasters’ transmission of copyrighted mail, return receipt requested, directed to the owner. works owned by the copyright owner, and person for which it is intended at its last (d) Precedential Effect of Rates and Terms. such voluntary agreement may be given effect known address (and service so made shall be Eligible Small Webcasters agree that these in lieu of the Rates and Terms set forth deemed complete five (5) days after the same Rates and Terms (including any royalty rates, herein. has been posted as aforesaid) or by personal rate structure, fees, definitions, terms, 6.5 Default. A Broadcaster shall comply service or in such other manner as may be with all the requirements of these Rates and permissible under the rules of that court. conditions, or notice and recordkeeping Terms. If it fails to do so, SoundExchange 7.3 Rights Cumulative. The rights, requirements set forth herein), shall not be may give written notice to the Broadcaster remedies, limitations, and exceptions admissible as evidence or otherwise taken that, unless the breach is remedied within 30 provided in these Rates and Terms and into account in any administrative, judicial, days from the date of receipt of notice, the available under applicable law shall be or other government proceeding, except as Broadcaster’s authorization to make public cumulative and shall not preclude assertion specifically provided in this Section 1(d). performances and ephemeral reproductions by any party of any other rights, defenses, This prohibition applies to, but is not limited under these Rates and Terms will be limitations, or exceptions or the seeking of to, those proceedings involving the setting or automatically terminated. No such cure any other remedies against another party adjustment of the royalties payable for the period shall apply before termination in case hereto. These Rates and Terms shall not public performance or reproduction in of material noncompliance that has been constitute a waiver of any violation of ephemeral phonorecords or copies of sound repeated multiple times so as to constitute a Section 112 or 114 or their implementing recordings, the determination of terms or pattern of noncompliance, provided that regulations (except to the extent such conditions related thereto, or the SoundExchange has given repeated notices of implementing regulations are inconsistent establishment of notice or recordkeeping noncompliance. Any transmission made by a with these Rates and Terms). No failure to requirements. These Rates and Terms shall Broadcaster in violation of these Rates and exercise and no delay in exercising any right, be considered as a compromise motivated by Terms or Section 112(e) or 114 or their power or privilege shall operate as a waiver the unique business, economic and political implementing regulations (except to the of such right, power or privilege. No single circumstances of small webcasters, copyright extent such implementing regulations are or partial exercise of any right, power or owners, and performers rather than as inconsistent with these Rates and Terms), privilege granted under these Rates and matters that would have been negotiated in outside the scope of these Rates and Terms, Terms or available under applicable law shall the marketplace between a willing buyer and or after the expiration or termination of these preclude any other or further exercise thereof a willing seller. Eligible Small Webcasters Rates and Terms shall be fully subject to, or the exercise of any other right, power or shall not, in any way, seek to use in any way among other things, the copyright owners’ privilege. No waiver by any party of full these Rates and Terms in any such rights under 17 U.S.C. 106 and the remedies performance by another party in any one or proceeding and further agree to take in 17 U.S.C. 501–506, and all limitations, more instances shall be a waiver of the right whatever steps are appropriate to prevent use exceptions and defenses available with to require full and complete performance of of such rates and terms in those proceedings. respect thereto. these Rates and Terms and of obligations SoundExchange may disclose, describe or under applicable law thereafter. explain any provision of these Rates and Article 7—Miscellaneous 7.4 Entire Agreement. These Rates and Terms in any proceeding without giving it 7.1 Acknowledgement. Terms represent the entire and complete precedential effect.

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2. Election for Treatment as an Eligible Small unless it withdraws from such proceeding 3. Royalty Rates for Eligible Small Webcasters Webcaster and submits to SoundExchange a completed For eligible nonsubscription transmissions (a) Election Process in General. An Eligible and signed election form within thirty (30) made by an Eligible Small Webcaster during Small Webcaster that wishes to elect to be days after publication of these Rates and the period 2006–2015, except an electing subject to these Rates and Terms with respect Terms in the Federal Register. An Eligible Microcaster, the royalty rate shall be— to its eligible nonsubscription transmissions Small Webcaster that elects to be subject to (1) On any transmissions not exceeding and related ephemeral recordings, in lieu of these Rates and Terms for any one or more 5,000,000 Aggregate Tuning Hours per month any royalty rates and terms that otherwise years agrees that it has elected to do so in (equivalent to approximately 6,945 average might apply under 17 U.S.C. 112(e) and 114, lieu of any different statutory rates and terms simultaneous listeners, listening for thirty for any calendar year that it qualifies as an that may otherwise apply during that year consecutive days, 24 hours a day), the greater and in lieu of participating at any time in a Eligible Small Webcaster during the period of (i) ten percent (10%) of the Eligible Small proceeding to set rates and terms for any part beginning on January 1, 2006, and ending on Webcaster’s first $250,000 in Gross Revenues of the 2006–2015 period. Thus, once an December 31, 2015, shall submit to and twelve percent (12%) of any Gross Eligible Small Webcaster has elected to be SoundExchange a completed and signed Revenues in excess of $250,000 during the subject to these Rates and Terms it shall not election form (available on the applicable year; or (ii) seven percent (7%) of at any time (even if it is no longer eligible, SoundExchange Web site at http:// the Eligible Small Webcaster’s Expenses or has no longer elected to be treated, as an www.soundexchange.com) by no later than during the applicable year; and Eligible Small Webcaster) directly or the first date on which the webcaster would (2) On any transmissions in excess of indirectly participate as a party, amicus 5,000,000 Aggregate Tuning Hours per be obligated under these Rates and Terms to curiae or otherwise, or in any manner give make a royalty payment for such year. An evidence or otherwise support or assist, in month, the commercial webcasting rates Eligible Small Webcaster that fails to make a any further proceedings to determine royalty provided in the Final Determination (for the timely election shall pay royalties for the rates and terms for reproduction of period 2006–2010) or the then-applicable relevant year as otherwise provided under 17 ephemeral phonorecords or digital audio commercial webcasting rates under Sections U.S.C. 112 and 114. transmission under Section 112(e) or 114 of 112(e) and 114 (for the period 2011–2015). (b) Election of Microcaster Status. An the Copyright Act for all or any part of the 4. Minimum Annual Fees Eligible Small Webcaster that elects to be period 2006–2015, including any appeal of (a) In General. For each year from 2006– subject to these Rates and Terms and the Final Determination, any proceedings on 2015, an Eligible Small Webcaster shall pay qualifies as a Microcaster may elect to be remand from such an appeal, any proceeding treated as a Microcaster for any one or more before the Copyright Royalty Judges to annual minimum fees as follows: calendar years that it qualifies as a determine royalty rates and terms applicable (1) $500 for electing Microcasters, which Microcaster. To do so, the Microcaster shall to the statutory licenses under Sections shall constitute the only royalty payable submit to SoundExchange a completed and 112(e) and 114 of the Copyright Act for the hereunder by an electing Microcaster, except signed election form (available on the period 2011–2015, any appeal of such that an electing Microcaster also shall pay a SoundExchange Web site at http:// proceeding, or any other related proceedings. $100 annual fee (the ‘‘Proxy Fee’’) to www.soundexchange.com) by no later than (d) Compliance. By electing Eligible Small SoundExchange for the reporting waiver the first date on which the Eligible Small Webcaster and/or Microcaster status, a discussed in Section 6(a), and the provisions Webcaster would be obligated under these transmitting entity represents that it is of Section 5(d) shall apply; Rates and Terms to make a royalty payment eligible therefor and in compliance with all (2) $2,000, for Eligible Small Webcasters for each year it elects to be treated as a requirements of the statutory licenses under other than electing Microcasters that had Microcaster. On any such election form, the Sections 112(e) and 114 of the Copyright Act. Gross Revenues during the prior year of not Eligible Small Webcaster must, among other By accepting an election by a transmitting more than $50,000 and reasonably expect things, certify that it qualifies as a entity or payments or reporting made Gross Revenues of not more than $50,000 Microcaster; provide its prior year Gross pursuant to these Rates and Terms, during the applicable year; or Revenues, Third Party Participation SoundExchange does not acknowledge that (3) $5,000, for Eligible Small Webcasters Revenues and Aggregate Tuning Hours; and the transmitting entity qualifies as an Eligible that had Gross Revenues during the prior provide other information requested by Small Webcaster or Microcaster or that it has year of more than $50,000 or reasonably SoundExchange for use in creating a royalty complied with the requirements of the expect Gross Revenues to exceed $50,000 distribution proxy. Even if an Eligible Small statutory licenses under Sections 112(e) and during the applicable year. Webcaster has once elected to be treated as 114 of the Copyright Act (including these (b) The amounts specified in Section 4(a) a Microcaster, it must make a separate, timely Rates and Terms). It is the responsibility of shall be paid by January 31 of each year. election in each subsequent year in which it each transmitting entity to ensure that it is (c) All minimum fees (but not the Proxy wishes to be treated as a Microcaster. in full compliance with the requirements of Fee for the reporting waiver for Microcasters) (c) Participation in Proceedings. the statutory licenses under Sections 112(e) shall be fully creditable toward royalties due Notwithstanding anything else in these Rates and 114 of the Copyright Act. for the year for which such amounts are paid, and Terms, a person or entity otherwise SoundExchange is not in a position to, and but not any other year. qualifying as an Eligible Small Webcaster does not, make determinations as to whether 5. Payments that has participated in any way in any each of the many services that rely on the appeal of the Final Determination of the statutory licenses is eligible for statutory (a) Qualification to Make Current Payments Copyright Royalty Judges concerning royalty licensing or any particular royalty payment as Eligible Small Webcaster. If the Gross rates and terms under Sections 112(e) and classification, nor does it continuously verify Revenues, plus the Third Party Participation 114 of the Copyright Act for the period that such services are in full compliance with Revenues and revenues from the operation of January 1, 2006, through December 31, 2010 all applicable requirements. Accordingly, an New Subscription Services, of a transmitting published in the Federal Register at 72 FR Eligible Small Webcaster agrees that entity and its Affiliates have not exceeded 24084 (May 1, 2007) (the ‘‘Final SoundExchange’s acceptance of its election, $1,250,000 in any year, and the transmitting Determination’’) or any proceeding before the payment or reporting does not give or imply entity reasonably expects to be an Eligible Copyright Royalty Judges to determine any acknowledgment that it is in compliance Small Webcaster in a given year, the royalty rates and terms under Sections 112(e) with the requirements of the statutory transmitting entity may make payments for and 114 of the Copyright Act for the period licenses (including these Rates and Terms) that year on the assumption that it will be an January 1, 2011, through December 31, 2015 and shall not be used as evidence that it is Eligible Small Webcaster for that year for so (including Docket No. 2009–1 CRB in compliance with the requirements of the long as that assumption is reasonable. Webcasting III and Docket No. 2009–2 CRB statutory licenses (including these Rates and (b) True-Up Between Gross Revenues and New Subscription II, as noticed in the Terms). SoundExchange and copyright Expenses. In making monthly payments, an Federal Register at 74 FR 318–20 (Jan. 5, owners reserve all their rights to take Eligible Small Webcaster shall, at the time a 2009)) shall not have the right to elect to be enforcement action against a transmitting payment is due, calculate its Gross Revenues treated as an Eligible Small Webcaster or entity that is not in compliance with those and Expenses for the year through the end of claim the benefit of these Rates and Terms, requirements. the applicable month and pay the applicable

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percentage of Gross Revenues or Expenses, as would have been due for that year if it had Small Webcaster makes an overpayment of the case may be, for the year through the end originally elected the Elected Status, less any royalties (other than payments of minimums) of the applicable month, less any amounts royalties previously paid hereunder as a during a year, SoundExchange shall, at its previously paid for such year. For the Microcaster for that year (but not less the discretion, either refund the overpayment or purposes of illustration only, if an Eligible Proxy Fee). The transmitting entity need not give the Eligible Small Webcaster a credit in Small Webcaster has $100,000 in Gross provide reports of use for that year, and the amount of its overpayment, which credit Revenues and $2,000 in Expenses in Month SoundExchange may distribute the royalties shall be available to be applied to its 1, the monthly payment shall be $10,000 paid by the transmitting entity for that year payments for the immediately following year (10% of aggregate gross yearly revenue up to based on the proxy usage data applicable to only. $250,000). In Month 2, if the Eligible Small Microcasters. For the year following the year (g) Ephemeral Recordings Royalty. Webcaster has $100,000 in Gross Revenue in which such threshold was exceeded, the SoundExchange has discretion to allocate and $2,000 in Expenses, then the Eligible transmitting entity must comply with payments hereunder between the statutory Small Webcaster shall pay $10,000 in applicable requirements as either an Eligible licenses under Sections 112(e) and 114 in the monthly payments (10% of aggregate gross Small Webcaster but not a Microcaster, or as same manner as the majority of other yearly revenue for the year up to $250,000 a transmitting entity fully subject to the Final webcasting royalties. less the $10,000 paid in Month 1). In Month Determination (for 2006–2010) or to the then- (h) Past Periods. Notwithstanding anything 3, if the Eligible Small Webcaster has applicable commercial webcasting rates else in this Agreement, to the extent that an $100,000 in Gross Revenue and $2,000 in under Sections 112(e) and 114 (for 2011– Eligible Small Webcaster that elects to be Expenses, then the Eligible Small Webcaster 2015). subject to these Rates and Terms has not paid shall pay $11,000 in monthly payments (10% (e) True-Up for Certain Corporate royalties for all or any part of the period of aggregate gross yearly revenue for the year Transactions. If a transmitting entity that has beginning on January 1, 2006, and ending on up to $250,000 plus 12% of aggregate gross at any time elected to be treated as an Eligible February 28, 2009, any amounts payable yearly revenue for the amount above Small Webcaster under these Rates and under these Rates and Terms for eligible $250,000, less prior payments). Terms, and has not ceased to qualify as an nonsubscription transmissions during such (c) Effect if Eligibility Condition is Eligible Small Webcaster through growth in period for which payment has not previously Exceeded. Except as provided in Section 5(e), its business and thereafter paid full been made shall be paid by no later than if a transmitting entity has made payments commercial webcasting rates for a period of April 30, 2009, including late fees as for any year based on the assumption that it at least twelve (12) full months (after any provided in Section 5(i) from the original due will qualify as an Eligible Small Webcaster, Grace Period applicable under Section 5(c)), date. but the actual Gross Revenues plus Third becomes a party to or subject of any merger, (i) Late Fee. An Eligible Small Webcaster Party Participation Revenues and revenues sale of stock or all or substantially all of its shall pay a late fee for each instance in which from the operation of New Subscription assets, or other corporate restructuring, such any payment, any statement of account or Services in that year of the transmitting that, upon the consummation of such any report of use is not received by entity and its Affiliates exceed the Gross transaction, the transmitting entity or its SoundExchange in full compliance with Revenue threshold provided in Section 8(e), successor (including a purchaser of all or these Rates and Terms and applicable then the transmitting entity shall receive a substantially all of its assets) does not regulations by the due date. The amount of six (6) month grace period measured from the qualify, or reasonably expect to qualify, as an the late fee shall be 1.5% of a late payment, first month following the month in which Eligible Small Webcaster for the then-current or 1.5% of the payment associated with a late such revenues exceed $1,250,000 (the ‘‘Grace year, then the transmitting entity or its statement of account or report of use, per Period’’). During the Grace Period, the successor shall, within thirty (30) days after month, or the highest lawful rate, whichever transmitting entity shall pay the rates as the consummation of such transaction, pay to is lower. The late fee shall accrue from the specified in Section 3(a). From and after the SoundExchange the difference between (1) due date of the payment, statement of date the Grace Period has expired, the the payment the transmitting entity would account or report of use until a fully- transmitting entity will pay the commercial have been required to make under the compliant payment, statement of account or webcasting rates provided in the Final commercial webcasting rates provided in the report of use is received by SoundExchange. Determination (for 2006–2010) or the then- Final Determination (for 2006–2010) or under applicable commercial webcasting rates the then-applicable commercial webcasting 6. Notice and Recordkeeping under Sections 112(e) and 114 (for 2011– rates under Sections 112(e) and 114 (for (a) Microcasters. SoundExchange believes 2015), only for periods after the expiration of 2011–2015) for each year in which it elected that accurate census reporting by services is the Grace Period. to be treated as an Eligible Small Webcaster the best way for it to obtain data for making (d) Effect if Microcaster Eligibility under these Rates and Terms, from January fair royalty distributions to copyright owners Condition is Exceeded. Except as provided in 1, 2006 through the date of such transaction, and performers, and for that reason, Section Section 5(e), if a transmitting entity has made and (2) the royalty payments it made under 6(b) generally requires census reporting by payments and not reported usage for any year these Rates and Terms for each such year. Eligible Small Webcasters. However, based on the assumption that it will qualify The burden of proof shall be on the SoundExchange has observed a low level of as a Microcaster, but the actual Gross transmitting entity or its successor to compliance by the smallest webcasters with Revenues plus Third Party Participation demonstrate its actual usage for purposes of the payment and notice and recordkeeping Revenues, Expenses, or Aggregate Tuning determining the payment it would have been requirements imposed by applicable Hours in that year of the transmitting entity required to make under such commercial regulations. Moreover, where and its Affiliates exceed a threshold provided webcasting rates for each such year. If the SoundExchange has received reports of use in Section 8(h), then the transmitting entity’s transmitting entity has insufficient records to from the smallest webcasters, it has had to payments for that entire year shall determine the payment it would have been devote levels of resources to processing those retroactively be adjusted as provided in this required to make under such commercial reports that are high relative to the usage and Section 5(d). By no later than January 31 of webcasting rates for each such year, then payment involved. While SoundExchange’s the following year, the transmitting entity such calculation shall be made on the basis ultimate goal is for all webcasters to provide shall notify SoundExchange whether it elects of the assumption that it made transmissions census reporting, requiring census reporting to be treated for the entire year in which such of 5,000,000 Aggregate Tuning Hours per by the smallest webcasters at this time may threshold was exceeded as either an Eligible month, and 15.375 performances per each further reduce compliance and significantly Small Webcaster but not a Microcaster, or as such Aggregate Tuning Hour, during the increase distribution costs. a transmitting entity fully subject to the Final relevant period. Accordingly, on a transitional basis for a Determination (for 2006–2010) or to the then- (f) Remittance. Payments of all amounts limited time and for purposes of these Rates applicable commercial webcasting rates specified in these Rates and Terms shall be and Terms only, and in light of the unique under Sections 112(e) and 114 (for 2011– made to SoundExchange as provided in business and operational circumstances 2015) (whichever of the foregoing it elects, Section 7(a). Eligible Small Webcasters shall currently existing with respect to these the ‘‘Elected Status’’). At the same time, the not be entitled to a refund of any amounts services, electing Microcasters shall not be transmitting entity must pay all amounts that paid to SoundExchange, but if an Eligible required to provide reports of their use of

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sound recordings for eligible nonsubscription Webcasters would be required under or partner of the Eligible Small Webcaster if transmissions and related ephemeral regulations applicable to the Section 112(e) the Eligible Small Webcaster is a corporation recordings. Instead, SoundExchange shall or 114 statutory license to provide reports of or partnership, stating, under penalty of distribute the aggregate royalties paid by use more extensive than provided in this perjury, that the information provided is electing Microcasters based on proxy usage Section 6(b), then any incremental accurate and the person signing is authorized data in accordance with a methodology information required by such regulations to act on behalf of the Eligible Small adopted by SoundExchange’s Board of shall be provided under these Rates and Webcaster. Directors. In addition to minimum royalties Terms in addition to the information (c) Default. An Eligible Small Webcaster hereunder, electing Microcasters will pay to identified above. shall comply with all the requirements of SoundExchange a $100 Proxy Fee to defray (c) Provision of Reports. Reports of use these Rates and Terms. If it fails to do so, costs associated with this reporting waiver, described in Section 6(b) shall be provided SoundExchange may give written notice to including development of proxy usage data. at the same time royalty payments are due the Eligible Small Webcaster that, unless the SoundExchange hopes that offering this under Section 7(a). breach is remedied within thirty days from option to electing Microcasters will promote (d) Server Logs. To the extent not already the date of notice and not repeated, the compliance with statutory license obligations required by the current regulations set forth Eligible Small Webcaster’s authorization to and thereby increase the pool of royalties in 37 CFR Part 380, all Eligible Small make public performances and ephemeral available to be distributed to copyright Webcasters shall retain for a period of at least reproductions under these Rates and Terms owners and performers. SoundExchange four (4) years server logs sufficient to will be automatically terminated. Such further hopes that selection of a proxy substantiate all information relevant to termination renders any public performances believed by SoundExchange to represent eligibility, rate calculation and reporting and ephemeral reproductions as to which the fairly the playlists of the smallest webcasters hereunder. To the extent that a third-party breach relates actionable as acts of will allow payment to more copyright owners web hosting or service provider maintains infringement under 17 U.S.C. 501 and fully and performers than would be possible with equipment or software for an Eligible Small subject to the remedies provided by 17 U.S.C. any other reasonably available option. Webcaster and/or such third party creates, 502–506. Microcasters should assume that, effective maintains, or can reasonably create such (d) Applicable Regulations. To the extent January 1, 2016, they will be required to server logs, the Eligible Small Webcaster not inconsistent with the terms herein, use of report their actual usage in full compliance shall direct that such server logs be created sound recordings by Eligible Small with then-applicable regulations. and maintained by said third party for a Webcasters shall be governed by, and Eligible Microcasters are encouraged to begin to period of at least four years and/or that such Small Webcasters shall comply with, prepare to report their actual usage by that server logs be provided to, and maintained applicable regulations, including 37 CFR Part date, and if it is practicable for them to do by, the Eligible Small Webcaster. 380. Without limiting the foregoing, the so earlier, they may wish not to elect SoundExchange shall have access to the same provisions of applicable regulations for the Microcaster status. pursuant to applicable regulations for the retention of records and verification of (b) Reports to Be Provided by other Eligible verification of statutory royalty payments statutory royalty payments (presently 37 CFR Small Webcasters. As a condition of these (presently 37 CFR 380.6). 380.4(h) and 380.6) shall apply hereunder. Rates and Terms, except as provided in Eligible Small Webcasters shall cooperate in Section 6(a), an Eligible Small Webcaster 7. Additional Provisions good faith with any such verification, and the shall submit reports of use of sound (a) Monthly Obligations. All Eligible Small exercise by SoundExchange of any right with recordings to SoundExchange covering the Webcasters except electing Microcasters must respect thereto shall not prejudice any other following for all of its eligible make monthly payments, provide statements rights or remedies of SoundExchange or nonsubscription transmissions, on a channel of account, and submit reports of use as sound recording copyright owners. by channel basis: described in Section 6 for each month on the (e) Applicable Law and Venue. These Rates (1) The featured recording artist, group or forty-fifth (45th) day following the month in and Terms shall be governed by, and orchestra; which the transmissions subject to the construed in accordance with, the laws of the (2) The sound recording title; payments, statements of account, and reports District of Columbia (without giving effect to (3) The title of the retail album or other of use were made. conflicts of law principles thereof). All product (or, in the case of compilation (b) Proof of Eligibility. At all times, the actions or proceedings arising directly or albums created for commercial purposes, the burden of proof shall be on the Eligible Small indirectly from or in connection with these name of the retail album upon which the Webcaster to demonstrate eligibility for the Rates and Terms shall be litigated only in the track was originally released); Rates and Terms set forth herein and for United States District Court for the District of (4) The marketing label of the Microcaster status, and at all times the Columbia located in Washington, DC. commercially available album or other obligation shall be on the Eligible Small SoundExchange and Eligible Small product on which the sound recording is Webcaster to maintain records sufficient to Webcasters consent to the jurisdiction and found; determine eligibility. Failure to retain venue of the foregoing court and consent that (5) The International Standard Recording sufficient records to determine eligibility any process or notice of motion or other Code (‘‘ISRC’’) embedded in the sound shall constitute a violation of these Rates and application to said court or a judge thereof recording, if available; Terms and shall render a transmitting entity may be served inside or outside the District (6) The copyright owner information ineligible for the rates and terms set forth of Columbia by registered mail, return receipt provided in the copyright notice on the retail herein. An Eligible Small Webcaster that requested, directed to the person for which album or other product (e.g., following the elects to be governed by the rates and terms it is intended at its last known address (and symbol (P) (the letter P in a circle) or, in the set forth herein shall make available to service so made shall be deemed complete case of compilation albums created for SoundExchange, within thirty (30) days after five (5) days after the same has been posted commercial purposes, in the copyright notice SoundExchange’s written request at any time as aforesaid) or by personal service or in such for the individual track); during the three (3) years following a period other manner as may be permissible under (7) The Aggregate Tuning Hours, on a during which it is to be treated as an Eligible the rules of that court. monthly basis, for each channel provided by Small Webcaster for purposes of these Rates (f) Rights Cumulative. The remedies the Eligible Small Webcaster as computed by and Terms, sufficient evidence to support its provided in these Rates and Terms and a recognized industry ratings service or as eligibility as an Eligible Small Webcaster available under applicable law shall be computed by the Eligible Small Webcaster and/or Microcaster during that period, cumulative and shall not preclude assertion from its server logs; including but not limited to an accounting of by any party of any other rights or the (8) The channel for each transmission of all Affiliate and Third Party Participation seeking of any other remedies against another each sound recording; and Revenue, and Aggregate Tuning Hours on a party hereto. These Rates and Terms shall not (9) The start date and time of each monthly basis. Any proof of eligibility constitute a waiver of any violation of transmission of each sound recording. provided hereunder shall be provided with a Section 112 or 114 or their implementing If at any time during the period through certification signed by the Eligible Small regulations (except to the extent such December 31, 2015, Eligible Small Webcaster if a natural person, or by an officer implementing regulations are inconsistent

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with these Rates and Terms). No failure to provisions of Sections 112(e) and 114 and the reasonable costs of collecting any single exercise and no delay in exercising any right, applicable regulations; (iii) is not a overdue account receivable may not exceed power or privilege shall operate as a waiver noncommercial webcaster as defined in 17 the actual account receivable. of such right, power or privilege. Neither U.S.C. 114(f)(5)(E)(i); and (iv) in any calendar (g) The term ‘‘Gross Revenues’’—(1) Means these Rates and Terms nor any such failure year in which it is to be considered an all revenue of any kind earned by a person or delay shall give rise to any defense in the Eligible Small Webcaster has, together with or entity, less— nature of laches or estoppel. No single or its Affiliates, annual Gross Revenues plus (A) Revenue from sales of phonorecords partial exercise of any right, power or Third Party Participation Revenues and and digital phonorecord deliveries of sound privilege granted under these Rates and revenues from the operation of New recordings; Terms or available under applicable law shall Subscription Services of not more than (B) The person or entity’s actual costs of preclude any other or further exercise thereof $1,250,000. In determining qualification other products and services actually sold or the exercise of any other right, power or under this Section 8(e), a transmitting entity through a service that makes eligible privilege. No waiver by any party of full shall exclude— nonsubscription transmissions, and related performance by another party in any one or (1) Income of an Affiliate that is a natural sales and use taxes imposed on such more instances shall be a waiver of the right person, other than income such natural transactions, costs of shipping such products, to require full and complete performance of person derives from another Affiliate of such allowance for bad debts, and credit card and these Rates and Terms and of obligations natural person that is either a media or similar fees paid to unrelated third parties; under applicable law thereafter. entertainment related business that provides (C) Revenue from the operation of a New (g) Entire Agreement. These Rates and audio or other entertainment programming, Subscription Service for which royalties are Terms represent the entire and complete or a business that primarily operates an paid in accordance with provisions of 17 agreement between SoundExchange and an Internet or wireless service; and U.S.C. 112 and 114; and Eligible Small Webcaster with respect to their (2) Gross Revenues of any Affiliate that is (D) Revenue from the sale of assets in subject matter and supersede all prior and not engaged in a media or entertainment connection with the sale of all or contemporaneous agreements and related business that provides audio or other substantially all of the assets of such person’s undertakings of SoundExchange and an entertainment programming, and is not or entity’s business, or from the sale of Eligible Small Webcaster with respect to the engaged in a business that primarily operates capital assets; and subject matter hereof. an Internet or wireless service, if the only (2) Includes— reason such Affiliate is Affiliated with the (A) All cash or cash equivalents; 8. Definitions transmitting entity is that (i) it is under (B) The fair market value of goods, As used in these Rates and Terms, the common Control of the same natural person services, or other non-cash consideration following terms shall have the following or (ii) both are beneficially owned by the (including real, personal, tangible, and meanings: same natural person. intangible property); (a) An ‘‘Affiliate’’ of a transmitting entity In the case of a person or entity that offers (C) In-kind and cash donations and other is a person or entity that directly, or both eligible nonsubscription transmissions gifts (but not capital contributions made in indirectly through one or more (as defined in 17 U.S.C. 114(j)(6)) and a New exchange for an equity interest in the intermediaries— Subscription Service, these Rates and Terms recipient); and (1) Has securities or other ownership apply only to the Eligible Small Webcaster’s (D) Amounts earned by such person or interests representing more than 50 percent eligible nonsubscription transmissions and entity but paid to an Affiliate of such person of such person’s or entity’s voting interests not the New Subscription Service. or entity in lieu of payment to such person beneficially owned by— (f) The term ‘‘Expenses’’— or entity. (A) Such transmitting entity; or (1) Means all costs incurred (whether Gross revenues shall be calculated in (B) A person or entity beneficially owning actually paid or not) by an Eligible Small accordance with U.S. Generally Accepted securities or other ownership interests Webcaster, except that capital costs shall be Accounting Principles (GAAP), except that a representing more than 50 percent of the treated as Expenses allocable to a period only transmitting entity that computes Federal voting interests of the transmitting entity; to the extent of charges for amortization or taxable income on the basis of the cash (2) Beneficially owns securities or other depreciation of such costs during such period receipts and disbursements method of ownership interests representing more than as are properly allocated to such period in accounting for any taxable year may compute 50 percent of the voting interests of the accordance with United States generally its gross receipts for any period included in transmitting entity; or accepted accounting principles (‘‘GAAP’’); such taxable year on the same basis. (3) Otherwise Controls, is Controlled by, or (2) Includes the fair market value of all (h) A ‘‘Microcaster’’ is an Eligible Small is under common Control with the goods, services, or other non-cash Webcaster that, together with its Affiliates, in transmitting entity. consideration (including real, personal, any calendar year in which it is to be (b) The term ‘‘Aggregate Tuning Hours’’ tangible, and intangible property) provided considered a Microcaster, meets the has the meaning given that term in 37 CFR by an Eligible Small Webcaster to any third following additional eligibility criteria: (i) § 380.2(a), as published in the Final party in lieu of a cash payment and the fair Transmits sound recordings only by means of Determination. market value of any goods or services eligible nonsubscription transmissions (as (c) A ‘‘Beneficial Owner’’ of a security or purchased for or provided to an Eligible defined in 17 U.S.C. 114(j)(6)); (ii) had other ownership interest is any person or Small Webcaster by an Affiliate of such annual Gross Revenues plus Third Party entity who, directly or indirectly, through webcaster; and Participation Revenues during the prior year any contract, arrangement, understanding, (3) Shall not include— of not more than $5,000 and reasonably relationship, or otherwise, has or shares (A) The imputed value of personal services expects Gross Revenues plus Third Party voting power with respect to such security or rendered by up to 5 natural persons who are, Participation Revenues during the applicable other ownership interest. directly or indirectly, owners of the Eligible year of not more than $5,000; (iii) has (d) The term ‘‘Control’’ means the Small Webcaster, and for which no Expenses during the prior year of not more possession, direct or indirect, of the power to compensation has been paid; than $10,000 and reasonably expects direct or cause the direction of the (B) The imputed value of occupancy of Expenses during the applicable year of not management and policies of a person or residential property for which no Federal more than $10,000; and (iv) during the prior entity, whether through the ownership of income tax deduction is claimed as a year did not make eligible nonsubscription voting securities, by contract or otherwise. business expense; transmissions exceeding 18,067 Aggregate (e) An ‘‘Eligible Small Webcaster’’ is a (C) Costs of purchasing phonorecords of Tuning Hours, and during the applicable year person or entity that (i) has obtained a sound recordings used in the Eligible Small reasonably does not expect to make eligible compulsory license under 17 U.S.C. 112(e) Webcaster’s service; nonsubscription transmissions exceeding and 114 and the implementing regulations (D) Royalties paid for the public 18,067 Aggregate Tuning Hours. therefor to make eligible nonsubscription performance of sound recordings; or (i) The term ‘‘New Subscription Service’’ transmissions over the Internet and related (E) The reasonable costs of collecting has the meaning given that term in 17 U.S.C. ephemeral recordings; (ii) complies with all overdue accounts receivable, provided that 114(j)(8).

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(j) The ‘‘Third Party Participation FOR FURTHER INFORMATION CONTACT: personnel. The data may later be used Revenues’’ of a transmitting entity are Requests for additional information or as part of a review process to evaluate revenues of any kind earned by a person or copies of the proposed information continued eligibility for access to such entity, other than the transmitting entity, collection and supporting statement specifically designated classified including those: information or as evidence in legal (1) That relate to the public performance of should be directed to Tamee Fechhelm sound recordings and are subject to an at telephone number 301–837–1694, or proceedings. economic arrangement in which the fax number 301–713–7409. The Financial Disclosure Report helps transmitting entity receives anything of SUPPLEMENTARY INFORMATION: Pursuant law enforcement entities obtain value; or to the Paperwork Reduction Act of 1995 pertinent information in the preliminary (2) That are earned by such person or (Pub. L. 104–13), NARA invites the stages of potential espionage and entity from the sale of advertising of any kind general public and other Federal counter terrorism cases. in connection with the transmitting entity’s Dated: February 26, 2009. eligible nonsubscription transmissions. agencies to comment on proposed By way of example only, a transmitting information collections. The comments Martha Morphy, entity’s Third Party Participation Revenues and suggestions should address one or Assistant Archivist for Information Services. would include revenues earned by the more of the following points: (a) [FR Doc. E9–4502 Filed 3–2–09; 8:45 am] transmitting entity’s proprietor, a marketing Whether the proposed information BILLING CODE 7515–01–P partner of the transmitting entity, or an collection is necessary for the proper aggregator through which the transmitting performance of the functions of NARA; entity’s transmissions are available, by virtue (b) the accuracy of NARA’s estimate of NATIONAL ARCHIVES AND RECORDS of the transmitting entity’s transmissions. the burden of the proposed information ADMINISTRATION [FR Doc. E9–4439 Filed 3–2–09; 8:45 am] collection; (c) ways to enhance the BILLING CODE 1410–30–P quality, utility, and clarity of the Agency Information Collection information to be collected; (d) ways, Activities: Proposed Collection; including the use of information Comment Request NATIONAL ARCHIVES AND RECORDS technology, to minimize the burden of AGENCY: National Archives and Records ADMINISTRATION the collection of information on all Administration (NARA). respondents; and (e) whether small ACTION: Notice. Agency Information Collection businesses are affected by this Activities: Proposed Collection; collection. The comments that are SUMMARY: NARA is giving public notice Comment Request submitted will be summarized and that the agency proposes to request included in the NARA request for Office extensions of two currently approved AGENCY: National Archives and Records of Management and Budget (OMB) information collections. The first is a Administration (NARA). approval. All comments will become a survey of Customer Satisfaction at the ACTION: Notice. matter of public record. In this notice, National Personnel Records Center NARA is soliciting comments (Military Personnel Records [MPR] SUMMARY: NARA is giving public notice concerning the following information facility) of the National Archives and that the agency proposes to request collection: Records Administration. The second is extension of a currently approved Title: Financial Disclosure Report. voluntary survey of museum visitors at information collection, Financial OMB number: 3095–0058. each Presidential library. The Disclosure Report, Standard Form 714, Agency form number: Standard Form information provides feedback about which is required as a condition of 714. our visitors’ experiences at the libraries. access to specifically designated Type of review: Regular. The public is invited to comment on the classified information along with a Affected public: Business or other for- proposed information collection favorably adjudicated personnel profit. pursuant to the Paperwork Reduction security background investigation or Estimated number of respondents: Act of 1995. reinvestigation that results in the 25,897. DATES: Written comments must be granting or updating of a security Estimated time per response: 2 hours. clearance. Additionally, NARA received on or before May 4, 2009 to be Frequency of response: On occasion. assured of consideration. proposes to make changes to the Estimated total annual burden hours: Standard Form 714 and the instructions ADDRESSES: Comments should be sent 51,794 hours. to: Paperwork Reduction Act Comments to the form. Specific proposed changes Abstract: Executive Order 12958, as will be provided upon request to NARA (NHP), Room 4400, National Archives amended, ‘‘Classified National Security and Records Administration, 8601 at the addresses provided below. The Information’’ authorizes the Information public is invited to comment on the Adelphi Rd, College Park, MD 20740– Security Oversight Office to develop 6001; faxed to 301–713–7409; or proposed information collection standard forms that promote the pursuant to the Paperwork Reduction electronically mailed to implementation of the Government’s [email protected]. Act of 1995. security classification program. These DATES: Written comments must be forms promote consistency and FOR FURTHER INFORMATION CONTACT: received on or before May 4, 2009 to be uniformity in the protection of classified Requests for additional information or assured of consideration. information. copies of the proposed information ADDRESSES: Comments should be sent The Financial Disclosure Report collection and supporting statement to: Paperwork Reduction Act Comments contains information that is used to should be directed to Tamee Fechhelm (NHP), Room 4400, National Archives assist in making eligibility at telephone number 301–837–1694; fax and Records Administration, 8601 determinations for access to specifically number 301–713–7409; or Adelphi Rd., College Park, MD 20740– designated classified information [email protected]. 6001; or faxed to 301–713–7409; or pursuant to Executive Order 12968, SUPPLEMENTARY INFORMATION: Pursuant electronically mailed to ‘‘Access to Classified Information,’’ by to the Paperwork Reduction Act of 1995 [email protected]. appropriately trained adjudicative (Pub. L. 104–13), NARA invites the

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general public and other Federal implemented. In addition to supporting NUCLEAR REGULATORY agencies to comment on proposed the BPR effort, the National Personnel COMMISSION information collections. The comments Records Center (NPRC) Survey of [Docket Nos. 50–438 and 50–439; NRC– and suggestions should address one or Customer Satisfaction helps NARA in 2009–0093] more of the following points: (a) responding to performance planning Whether the proposed information and reporting requirements contained in Tennessee Valley Authority; Bellefonte collections are necessary for the proper the Government Performance and Nuclear Power Plant, Units 1 and 2, performance of the functions of NARA; Results Act (GPRA). Environmental Assessment and (b) the accuracy of NARA’s estimate of Finding of No Significant Impact the burden of the proposed information 2. Title: Presidential Libraries collections; (c) ways to enhance the Museum Visitor Survey. The U.S. Nuclear Regulatory quality, utility, and clarity of the OMB Number: 3095–0066. Commission (NRC) has prepared this Environmental Assessment (EA) information to be collected; and (d) Agency Form Number: N/A. ways, including the use of information associated with a request by the technology, to minimize the burden of Type of Review: Regular. Tennessee Valley Authority (TVA) to the collection of information on Affected Public: Individuals who visit reinstate the construction permits (CPs) respondents; and (e) whether small the museums at the Presidential CPPR–122 and CPPR–123 for the businesses are affected by these libraries. Bellefonte Nuclear Plant (BLN), Units 1 collections. The comments that are and 2, respectively. Based on Estimated Number of Respondents: information provided in TVA’s letters, submitted will be summarized and 75,000. included in the NARA request for Office dated August 26, September 25, and of Management and Budget (OMB) Estimated Time per Response: 15 November 24, 2008, and the NRC staff’s approval. All comments will become a minutes. independent review of references, the NRC staff did not identify any matter of public record. In this notice, Frequency of Response: On occasion significant impact associated with the NARA is soliciting comments (when an individual visits a Presidential reinstatement of the BLN Units 1 and 2 concerning the following information Library). CPs and the return of the facility to a collection: Estimated Total Annual Burden 1. Title: National Personnel Records terminated plant status. The NRC staff is Center (NPRC) Survey of Customer Hours: 18,750 hours. documenting its environmental review Satisfaction. Abstract: The survey is comprised of in this EA. OMB Number: 3095–0042. a set of questions designed to allow for Environmental Assessment Agency Form Number: N/A. a statistical analysis that will ultimately Plant Site and Environs Type of Review: Regular. provide actionable information to Affected Public: Federal, State and NARA. The survey includes questions BLN Units 1 and 2 are pressurized- local government agencies, veterans, that measure the visitor’s satisfaction in water reactor sites that have been and individuals who write the Military general and with specific aspects of partially completed. The units are Personnel Records (MPR) facility for their visit. These questions serve as located on a peninsula between Town information from or copies of official dependent variables for analytical Creek and the Tennessee River at River military personnel files. purposes. Other questions provide Mile 392 on the west shore of Estimated Number of Respondents: Guntersville Reservoir near Hollywood, attitudinal, behavioral, and 1,000. Alabama. Most of the 1600 acres of the Estimated Time per Response: 10 demographic data that are used to help site have been previously impacted by minutes. understand variation in the satisfaction the near completion of both BLN Units Frequency of Response: On occasion variables. Using statistical analyses, 1 and 2. (when respondent writes to MPR Harris Interactive will determine the requesting information from official factors that drive the visitor’s Identification of the Proposed Action military personnel files). perceptions of quality and satisfaction TVA requests reinstatement of the CPs Estimated Total Annual Burden with the Library they visited. for BLN Units 1 and 2. The Atomic Hours: 167 hours. Additionally, natural groupings of Energy Commission (AEC now, the Abstract: The information collection visitors defined by similarity based on NRC) issued the Final Environmental is prescribed by EO 12862 issued these attitudinal, behavioral, and Statement (FES) in June 1974 for BLN September 11, 1993, which requires demographic variables can be developed Units 1 and 2. On December 12, 1974, Federal agencies to survey their and targeted for outreach purposes. The CPs were issued by the NRC. Much of customers concerning customer service. information collected through this effort the construction work for BLN Units 1 The general purpose of this data will inform program activity, operation, and 2 was subsequently completed. On collection is to provide MPR April 6, 2006, TVA submitted a request management with an ongoing and oversight, and will benefit Library and NARA staff and management in to withdraw the CPs for BLN Units 1 mechanism for monitoring customer and 2. On September 14, 2006, the NRC making critical decisions about satisfaction. In particular, the purpose of staff withdrew the CPs for BLN Units 1 resources allocation, museum operation the National Personnel Records Center and 2 based on the request. (NPRC) Survey of Customer Satisfaction and program direction. Subsequently, TVA submitted a request is to (1) determine customer satisfaction Dated: February 26, 2009. on August 26, 2008, as supplemented by with MPR’s reference service process, Martha Morphy, letters dated September 25, 2008, and (2) identify areas within the reference Assistant Archivist for Information Services. November 24, 2008, to reinstate the CPs service process for improvement, and for BLN Units 1 and 2. (3) provide MPR management with [FR Doc. E9–4587 Filed 3–2–09; 8:45 am] customer feedback on the effectiveness BILLING CODE 7515–01–P The Need for the Proposed Action of BPR initiatives designed to improve Reinstatement of the CPs for BLN customer service as they are Units 1 and 2 and the return to a

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terminated plant status may consider the effects of their recovered at 1JA300 reveal that the site subsequently enable TVA to complete undertakings on historic properties. was occupied during the Archaic, construction of BLN Units 1 and 2. Historic properties are defined as Woodland, and Mississippian cultural resources that are eligible for listing on periods. Since 1JA300 was going to be Environmental Impacts of the Proposed the National Register of Historic Places adversely impacted by the construction Action (NRHP). The criteria for eligibility are of the plant intake structure and access This EA summarizes the radiological listed in the Code of Federal road, data recovery excavations were and nonradiological impacts to the Regulations (CFR), under Title 36, conducted on site 1JA300 in 1973 and environment that may result from the ‘‘Parks, Forests, and Public Property,’’ 1974 by the University of Alabama. proposed reinstatement of the CPs. Part 60, Section 4, ‘‘Criteria for Information provided by TVA in its COL Non-Radiological Impacts Evaluation’’ (36 CFR 60.4). The historic ER indicated that a total of 22 features preservation review process (Section and 9 burials were excavated from the Land Use and Aesthetic Impacts 106 of the NHPA) is outlined in site. One of these features consisted of Land use and aesthetic impacts from regulations issued by the Advisory a small structure footprint, which is the proposed reinstatement of the CPs Council on Historic Preservation in Title indicative of village-level habitation. include impacts from completing the 36, ‘‘Parks, Forests, and Public The human remains are located at the construction of BLN Units 1 and 2. TVA Property,’’ Part 800, ‘‘Protection of University of Alabama. By letter dated states in its letter of August 26, 2008, Historic Properties’’ (36 CFR Part 800). November 24, 2008, TVA stated that that BLN Units 1 and 2 are 90 percent Reinstatement of the BLN CPs and additional archaeological surveys have and 58 percent complete in completion of construction at the BLN been conducted. In 2006, TVA construction, respectively, with most of sites is a Federal action that could conducted a survey to document and the infrastructure work completed. possibly affect either known or evaluate all archaeological resources at Remaining construction-related undiscovered historic properties located BLN. During this survey, it was activities at BLN Units 1 and 2 include: on or near the plant site and its determined that site 1JA300 was The potential realignment of the associated transmission lines. In destroyed during construction of the southern entrance road 1200 feet east of accordance with the provisions of the intake structure, and therefore, is no its existing location; the construction of NHPA, the NRC makes a reasonable longer eligible for the NRHP. the Unit 2 startup and recirculation effort to identify historic properties in Site 1JA301 was recorded during the equipment building on previously the area of potential effect. The area of 1972 reconnaissance survey as surficial disturbed land near the Unit 2 auxiliary potential effect for this action is the remains (lithic debris) dating to the building; the installation of a new plant site and the immediate environs. Archaic period. Analysis of the lithic power stores building; and some To assess the environmental impacts debris from this site suggests that it was changes to the gatehouse and protected to historic and archaeological resources, an intermittent campsite. It was area fencing. Additionally, clay borrow the NRC staff reviewed information recommended that any further pits would be dug in wooded areas provided by TVA in its 1974 FES, along excavation of this site would be immediately east of the main buildings. with supplemental information unproductive. The 1972 report notes In response to an NRC staff’s request provided by letters to the NRC dated that site 1JA301 was heavily disturbed for additional information (RAI), TVA August 26, 2002, and November 24, and reduced to plow zone scatter of noted in its November 24, 2008, letter 2008. Additional site details were also prehistoric materials. Additional testing that few facilities would cause further obtained from reviewing the conducted determined that site 1JA301 land disturbance, and that previously Environmental Report in TVA’s October was destroyed during construction of disturbed land, existing parking lots, 30, 2007, application for a Combined BLN Units 1 and 2 and is not eligible access road, offices, workshops, and License (COL ER) for Bellefonte Units 3 for inclusion in the NRHP according to warehouses at BLN would be used and 4. the COL ER. during the completion of construction. In 1936, archaeological salvage Site 1JA302 was purported to be Onsite land use conditions at BLN, excavations were conducted at the remotely located to the construction including conditions along existing Bellefonte site associated with the area according to the FES 1974. Artifacts transmission lines corridors (no new construction of Guntersville Reservoir. recovered from 1JA302 dated the site to lines would be required to complete the In 1972, TVA funded an archaeological the Woodland period. Limited two units), switch yards, and reconnaissance investigation at the excavation was proposed, however, substations, would not change. The Bellefonte site to locate any historic and further excavations were not conducted. applicant concluded that any impacts to archaeological sites that would be Site 1JA302 lies outside the BLN natural resources from projected site adversely impacted by the construction property boundary. Site 1JA302 was construction activities would remain of BLN Units 1 and 2. The 1972 survey determined to be eligible for inclusion bounded by the original 1974 FES identified three new prehistoric sites on the NRHP. assessment. (1JA300–302), and located two sites Site 1JA111 is an undefined Based on the information provided by (1JA978 and 1JA112) that were prehistoric occupation site. Additional TVA, the NRC staff concludes that there previously recorded during the pre- testing was conducted at the site during would be no significant impact on land inundation survey of Guntersville Lake the 2006 survey. A total of 93 artifacts use and aesthetic resources in the according to the FES 1974. Site 1JA978 were recovered, however, no diagnostic vicinity of BLN Units 1 and 2. The was noted in the riverbank and lithic artifacts were recovered to date majority of construction activities have contained both Archaic and Woodland from the site according to the COL ER. already occurred and the impacts have artifacts. Site 1JA112 was primarily However, a small number of ceramics been assessed and documented in the inundated; therefore, cultural affiliation dating to the Mississippian period were original 1974 FES. could not be determined for this site. A recovered. Based upon the stratigraphic 2006 survey conducted by TVA profiles and patterns of artifact recovery, Historic and Archaeological Resources determined that sites 1JA978 and TVA indicated that site 1JA111 appears The National Historic Preservation 1JA112 are located outside of BLN’s to contain buried, intact archaeological Act (NHPA) requires Federal agencies to property boundary. Analysis of artifacts deposits and has the potential to

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contribute significant scientific and and consultation with the Alabama mitigate any unacceptable adverse archaeological information regarding the Historical Commission would be socioeconomic impacts that might result prehistory of the Guntersville Basin initiated for such activities. according to the TVA letter dated according to the TVA report dated Based on the information provided in November 24, 2008. October 2007. Site 1JA111 remains the 1974 FES, and TVA’s subsequent Based on a review of the information potentially eligible for inclusion in the responses to the NRC staff’s RAIs in provided by TVA and relevant census NRHP. TVA has indicated that the site letters dated August 26, 2002, and data, the NRC staff concludes that will be fenced off, and marked on BLN November 24, 2008, the NRC staff finds reinstating the CPs and completing the site drawings as an area to be avoided that the potential impacts of reinstating construction of BLN Units 1 and 2 by any future ground disturbing the CPs and completing construction of would not result in adverse activities according to the TVA letters BLN Units 1 and 2 would have no socioeconomic impacts. adverse effect on historic and dated August 26, September 25, and Environmental Justice November 24, 2008. archaeological resources. Site 1JA113 is another undefined The environmental justice impact Socioeconomic Impacts prehistoric occupation site. Additional analysis evaluates the potential for testing was conducted at the site in 2006 Socioeconomic impacts from the disproportionately high and adverse and yielded a single prehistoric lithic proposed reinstatement of the CPs and human health and environmental effects flake, however, site 1JA113 does not completing the construction of BLN on minority and low-income meet the criteria of eligibility for the Units 1 and 2 include an increase in the populations that could result from NRHP according to the TVA letters size of the workforce at BLN and reinstating the CPs and completing the dated August 26, September 25, and associated increased demand for public construction of BLN Units 1 and 2. November 24, 2008. services and housing in the region. Adverse health effects are measured in One historic site was identified In its August 26, 2002, response to an terms of the risk and rate of fatal or during the 2006 survey. Site 1JA1103 RAI, TVA estimated that the number of nonfatal adverse impacts on human consists of a collapsed structure and workers needed to complete the health. associated outbuilding according to the construction of BLN Units 1 and 2 could Disproportionately high and adverse COL ER. The 2006 survey revealed that peak at about 4600 workers; comprised human health effects occur when the this site was used as a temporary storage of approximately 2600 construction risk or rate of exposure to an and weather shelter during the workers, 900 engineers, 850 plant staff, environmental hazard for a minority or construction of BLN Units 1 and 2 and 250 start-up testing staff. Most low-income population is significant according to the TVA letters dated construction workers would relocate and exceeds the risk or exposure rate for August 26, September 25, and temporarily to Jackson County resulting the general population or for another November 24, 2008. Site 1JA1103 has in a short-term increase in population appropriate comparison group. A had its archaeological integrity altered along with increased demands for disproportionately high environmental by the construction of BLN Units 1 and public services and housing. TVA impact that is significant refers to an 2; therefore, the site is not eligible for confirmed this estimate in a letter to the impact or risk of an impact on the inclusion in the NRHP. Regardless of NRC dated November 24, 2008, and natural or physical environment in a the site’s eligibility, TVA has indicated provided additional demographic low-income or minority community that that the site will be avoided. information. Because construction work appreciably exceeds the environmental Adjacent to the BLN site was the would be short-term, most construction impact on the larger community. Such Town of Bellefonte the former Jackson workers would stay in rental homes, effects may include ecological, cultural, County seat. The Town of Bellefonte is apartments, mobile homes, and camper- human health, economic, or social listed in the Alabama Statewide Plan of trailers. According to 2000 Census impacts. Some of these potential effects Historic Preservation and was information, there were over 46,000 have been identified in resource areas determined eligible for inclusion on the vacant housing units in the 50-mile discussed in this EA. For example, NRHP. Among the former town radius of BLN, including over 2500 increased demand for rental housing buildings was a tavern that dated to vacant housing units in Jackson County, during construction could 1845 according to the 1974 FES. This that could potentially ease the demand disproportionately affect low-income building and other structures associated for local rental housing should populations. Minority and low-income with the Bellefonte town site were construction activities resume. populations are subsets of the general moved in 1974. The town site is not on TVA has acknowledged in its public residing around BLN, and all are TVA property, and the buildings were November 24, 2008, letter that exposed to the same health and removed by the owners according to the completing the construction activities of environmental effects generated from TVA letter dated August 26, 2002. BLN Units 1 and 2 may require greater construction activities at BLN. The BLN site was heavily disturbed than anticipated numbers of Minority Populations in the Vicinity by the construction of BLN Units 1 and construction workers, which could of BLN—According to 2000 census data, 2, which began in the 1970s. significantly affect the availability of 18.9 percent of the population Reinstatement of the CPs and public services (i.e., schools, (approximately 1,083,000 individuals) completing construction of BLN Units 1 transportation, police and fire services, residing within a 50-mile radius of BLN and 2 would involve some ground road infrastructure, water supplies, etc.). identified themselves as minority disturbing activities in previously Reinstatement of the CPs and individuals. The largest minority group undisturbed areas of the site. The NRC completing the construction of BLN was Black or African American (157,000 staff anticipates that for areas not Units 1 and 2 could, therefore, result in persons or 14.5 percent), followed by previously surveyed, an archaeological greater socioeconomic impacts than Hispanic or Latino of any race (24,000 investigation would be conducted by a those projected in the 1974 FES. or about 2.2 percent). About 8.1 percent qualified archaeologist prior to any However, these impacts would have a of the Jackson County population ground disturbing activities by TVA. relatively short duration. TVA has also identified themselves as minorities, Additionally, since TVA is a Federal committed to monitor the situation and with Black or African American the agency, an NHPA Section 106 review work with local and state officials to largest minority group (3.7 percent)

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followed by Hispanic or Latino (1.1 Impacts on Water Resources established threshold emission levels in 2 3 percent) according to the U.S. Census Water resource impacts due to a nonattainment or maintenance area. Bureau (USCB). According to USCB reinstating BLN Units 1 and 2 CPs Construction activities are known to census data estimates for 2006, the would be relatively small. Water cause localized temporary increases in minority population of Jackson County, discharges are governed by the plant’s atmospheric concentrations of nitrogen as a percent of total population, had current National Pollutant Discharge oxides, carbon monoxide, sulfur increased to 9.2 percent. Elimination System (NPDES) permit and dioxide, volatile organic compounds,

Low-Income Populations in the waste streams controlled by the current ammonia and particulate matter PM10 Vicinity of BLN—According to 2000 Resource Conservation and Recovery and PM2.5 as a result of exhaust census data, approximately 32,000 Act (RCRA) permit; these permits emissions of worker’s vehicles, diesel generators, and construction equipment. families and 143,000 individuals remain active. TVA would continue to In accordance with the Clean Air Act, (approximately 10.5 and 13.2 percent, purchase drinking water from the City Federal agencies are prohibited from respectively) residing within a 50-mile of Hollywood, Alabama, which is a issuing a license for any activity that radius of BLN were identified as living community public water system that is does not conform to an applicable below the Federal poverty threshold in regulated by the State of Alabama. TVA implementation plan (40 CFR Parts 51 1999. The 1999 Federal poverty would continue to route waste water and 93). Since the plant is located in a threshold was $17,029 for a family of from the BLN Units 1 and 2 to the PM nonattainment area, BLN must four. Hollywood Sewer System. 2.5 By letter dated November 24, 2008, show conformity to applicable Alabama According to census data, the median TVA confirmed that almost all State Implementation Plans by household income for Alabama in 2004 environmental disturbances related to analyzing vehicles exhaust emissions was $37,062, while 16.1 percent of the construction have already occurred, and (using an approved EPA model) that state population was determined to be that any impacts to natural resources, will occur during construction of BLN living below the Federal poverty including water resources, would Units 1 and 2. threshold. Jackson County had a lower remain bounded by its assessment in the During potential construction of BLN median household income ($33,733) 1974 FES. Units 1 and 2, some ground-clearing, and a lower percentage (15.3 percent) of Based on the information provided, grading, excavation, and movement of individuals living below the poverty the staff expects that there would be materials and machinery are expected to level. little or no impact to aquatic resources occur. Ground-clearing, grading, and Impact Analysis—Potential impacts to because the majority of construction excavation activities will raise dust, as minority and low-income populations activities have already been completed. will the movement of materials and machinery. Fugitive dust may also rise due to the reinstatement of the CPs and Impacts on Air Quality completing the construction of BLN from cleared areas during windy Units 1 and 2 would mostly consist of Main sources for the potential impacts periods. If any open burning is planned environmental and socioeconomic on air quality due to reinstatement of then the applicable permits would need effects (e.g., noise, dust, traffic, the CPs for BLN would be fugitive dust to be obtained from the Air Division of employment, and housing impacts). from construction activities, associated the Alabama Department of with the project and exhaust emissions Environmental Management. Normally, Since most of the construction work from the motorized equipment and construction activities take place for a at BLN has been completed, noise and vehicles of workers. The 1990 Clean Air limited duration; if reinstated, the dust impacts would be short-term and Act amendments include a provision expiration completion date for BLN Unit limited to onsite activities. Minority and that no Federal agency shall support any 1 CP is October 1, 2011, and the low-income populations residing along activity that does not conform to a state expiration completion date for BLN Unit site access roads could experience implementation plan designed to 2 CP is October 1, 2014, as specified in increased commuter vehicle traffic achieve the National Ambient Air an NRC Order dated March 4, 2003. Any during shift changes. As employment Quality Standards for criteria pollutants impacts on air quality that might occur increases at BLN during completion of (sulfur dioxide, nitrogen dioxide, carbon would be temporary. BLN Units 1 and 2, employment monoxide, ozone, lead, and particulate Because the NRC staff expects that opportunities for minority and low- matter less than 10 in diameter). On any potential construction activities at income populations may also increase. November 30, 1993, the U.S. BLN Units 1 and 2 would conform to Increased demand for rental housing Environmental Protection Agency (EPA) the Alabama Implementation plans, the during peak construction could issued a final rule (58 FR 63214) NRC staff concludes that the impacts of disproportionately affect low-income implementing the new statutory construction activities on air quality populations. However, according to the requirements, effective January 31, would then be low. For such activities, latest census information, there were 1994. The final rule requires that the NRC staff notes a variety of over 46,000 vacant housing units in the Federal agencies prepare a written mitigation measures, such as wetting of 50-mile radius of BLN, including over conformity analysis and determination unpaved roads and construction areas 2500 vacant housing units in Jackson for each pollutant where the total of during dry periods and seeding or County. direct and indirect emissions caused by mulching bare areas, inspection and Based on this information and the proposed federal action 1 would exceed analysis of human health and U.S.C or the Federal Transit Act (49 U.S.C 1601 et 1 seq.). (40 CFR 51.852) environmental impacts presented in this Federal action means any activity engaged in by a department, agency or instrumentality of the 2 An area is designated ‘‘nonattainment’’ for a EA, there would be no Federal Government, or any activity that a criteria pollutant if it does not meet National disproportionately high and adverse department, agency or instrumentality of the Ambient Air Quality Standards (NAAQS) for the impacts to minority and low-income Federal Government supports in any way, provides pollutant. 3 populations from the reinstatement of financial assistance for, licenses, permits, or A maintenance area has been redesignated by a approves, other than activities related to State from nonattainment to attainment; the State the CPs and completing the construction transportation plans, programs, and projects must submit to EPA a plan for maintaining NAAQS of the BLN Units 1 and 2. developed, funded, or approved under title 23 as a revision to its State Implementation Plan.

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maintenance of the gasoline or diesel aquatic species listed as threatened or to forage according to the NRC EA, fuel fired construction equipment to endangered in the immediate vicinity of dated January 24, 2003, and an Alabama prevent excessive exhaust emissions BLN. State DCNR letter, dated October 15, and shift changes for workforce to 2008. The NRC EA, dated January 24, Impacts on Terrestrial Biota reduce the number of vehicles on the 2003, found that construction activities road at any given time, that could Since most of the construction has planned at that time would not be mitigate potential air quality impacts been completed, limited impacts may expected to cause any adverse impacts resulting from the potential occur to terrestrial biota related to the to the Grey Bat or its habitat. reinstatement and construction potential realignment by 1200 feet (370 There is a Bald Eagle (Haliaeetus completion at BLN Units 1 and 2. meters) of the southern entrance to the leucocephalus) nest located less than 2 plant and by the excavation of borrow Impacts on Aquatic Resources miles (3 kilometers) northeast of the pits in a wooded area east of the existing BLN site, but the Bald Eagle was In a TVA letter dated September 25, main power plant buildings. Reinstating recently removed from the Federal list 2008, TVA indicates that TVA proposes the CPs and completing construction of of threatened and endangered species. ‘‘no new ground disturbance,’’ possibly the BLN Units 1 and 2 would remain However, the Bald Eagle is still a small amount of earthwork adjacent to within the scope of the 1974 FES, protected under the Federal Bald and existing building to support air assuming that TVA implements the Golden Eagle Protection Act. compressors, and possibly preconstruction and construction According to the NRC EA, dated ‘‘reintroduction’’ of small amounts of monitoring program for both aquatic January 24, 2003, population levels of lubricating oil. The TVA letter dated and terrestrial resources as described in Osprey (Pandion haliaetus) have been September 25, 2008, does not indicate the 1974 FES. This would also cover increasing on Guntersville Lake, and that the reinstatement of the CPs and potential impacts to terrestrial biota several nests have been observed in the construction would result in any from transmission line right-of-way vicinity of Coon and Crow Creeks. activities involving transmission lines, maintenance. The 1974 FES considered Ospreys would use shoreline habitats such as maintenance, nor does it all potential impacts associated with the fronting the BLN site for foraging. While indicate any on-site activities other than transmission line and noted that TVA’s not a species listed as threatened or those listed above. The activities transmission line maintenance and endangered, the Osprey is protected described in the TVA letter, would be of construction methods, particularly along with the Bald Eagle under the such limited geographic extent and of overspray during herbicide applications, Alabama State Nongame Species such removal from aquatic habitats that had resulted in damage to trees located Regulation according to Alabama State the NRC staff expects that there would outside of the transmission line DCNR letter, dated October 15, 2008. be little to no impact to aquatic corridor. However, current best resources. management practices (BMPs) employed Based on this information, and TVA’s By letter dated November 24, 2008, by most industries today would mitigate response to the RAI dated November 24, TVA provided additional information to such environmental impacts from 2008, the NRC staff concludes that confirm that most site disturbance has pesticide or herbicide applications. resumption of construction activities at already occurred, and that any impacts Assuming that these practices for the BLN site are not likely to have any to natural resources, including aquatic transmission line right-of-way would be significant adverse effect on any listed resources, would remain bounded by in place if the CPs for BLN Units 1 and species or other species mentioned the impacts discussed in the 1974 FES. 2 were reinstated, the NRC staff above, because the majority of ground or Based on the information provided, anticipates little to no impact on river disturbance from construction the NRC staff expects that there would terrestrial biota, including wetland activities have already been completed. be little to no impact to aquatic areas. By letter dated November 24, Nonradiological Impacts Summary resources based on the limited 2008, TVA confirmed that impacts to geographic extent and area affected. terrestrial resources would remain Reinstatement of the CPs for BLN bounded by the assessment in the 1974 Units 1 and 2 would not result in a Threatened and Endangered Aquatic FES. significant change in nonradiological Species impacts in the areas of land use, water By letter dated November 24, 2008, Endangered Terrestrial Species use, waste discharges, terrestrial and TVA updated the list of threatened or In a NRC EA dated January 24, 2003 aquatic biota, transmission facility endangered species and concluded that (68 FR 3571), for extension of expiration operation, social and economic factors, except for the gray bat, none of the dates of the BLN CPs, the NRC staff and environmental justice related to federally listed species are known to found that the endangered Gray Bat resumption of construction operations occur at or adjacent to the BLN site. (Myotis grisescens) is the only species at the power plants. No other Although threatened and endangered on the Federal list of endangered nonradiological impacts were identified aquatic species are listed as occurring in species known to occur in the vicinity or would be expected. Table 1 Jackson County, the NRC staff of the Bellefonte site or within its summarizes the nonradiological confirmed with the Alabama State transmission line corridors. The Gray environmental impacts of the proposed Department of Conservation and Natural Bat uses the sloughs and main channel reinstatement of the CPs for BLN Units Resources (DCNR) that there were no of the Tennessee River near the BLN site 1 and 2.

TABLE 1—SUMMARY OF NONRADIOLOGICAL ENVIRONMENTAL IMPACTS

Land use ...... No impact to land use conditions and aesthetic resources in the vicinity of BLN. Historic and Archaeological Resources ... No impact to historic and archaeological resources in the vicinity of BLN. Socioeconomics ...... Workforce required to complete BLN could have a profound effect on the availability of public serv- ices and rental housing in the vicinity of the plant. TVA is committed to monitoring the situation and to working with local and state officials to mitigate any unacceptable adverse socioeconomic condi- tions.

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TABLE 1—SUMMARY OF NONRADIOLOGICAL ENVIRONMENTAL IMPACTS—Continued Environmental Justice ...... There would be no disproportionately high and adverse impact on minority and low-income popu- lations in the vicinity of BLN. Water Use ...... Water use during completion of construction would be relatively minor. No changes from previous im- pact evaluations are expected. Air Quality ...... Temporary impacts from fugitive dust related to construction and vehicle emissions related to con- struction workers traveling to and from BLN. Aquatic Resources ...... Little to no impact to listed species since most external construction is completed. Terrestrial Biota ...... Little to no impact to listed species since most external construction is completed. Threatened and Endangered Species ..... Little to no impact to listed species since most external construction is completed. Transmission Facilities ...... Little to no impact to terrestrial and aquatic resources if current BMPs are incorporated into manage- ment plan.

Radiological Impacts radioactively contaminated systems or the staff determined that there would be working in radiation areas can be no environmental impact of the fuel Radioactive Effluent and Solid Waste exposed to radiation. However, Impacts cycle and transportation of fuels and reinstatement of the CPs and wastes for the reinstatement of the CPs Nuclear power plants use waste construction activities will not involve and construction of BLN Units 1 and 2. treatment systems designed to collect, any radioactive material; the NRC staff process, and dispose of gaseous, liquid, determined that occupational doses can Radiological Impacts Summary be maintained within the limits of 10 and solid wastes that might contain The proposed reinstatement of the CFR Part 20 for the reinstatement of the radioactive material in a safe and CPs and construction of BLN Units 1 controlled manner such that discharges CPs and construction of BLN Units 1 and 2. and 2 would not result in an impact are in accordance with the requirements associated with radiological effluent and of Title 10 of 10 CFR Part 20, Public Radiation Doses solid waste, or occupational and public ‘‘Standards for Protection Against radiation exposure, or the uranium fuel Radiation’’, and 10 CFR Part 50, Since construction activities will not cycle and transportation. In addition, ‘‘Domestic Licensing of Production and involve any radioactive material, the Utilization Facilities’’, Appendix I. staff determined that public radiation TVA confirmed in its response to the doses can be maintained within the RAI dated November 24, 2008, that Since construction activities will not limits of 10 CFR Part 100 for the there are no changes or updates related involve any radioactive effluent and reinstatement of the CPs and to radiological impacts, beyond those solid waste, the staff determined that construction of BLN Units 1 and 2. assessed in the 1974 FES, associated reinstatement of the CPs and with the proposed reinstatement of the construction of BLN Units 1 and 2 Postulated Accident Doses CPs and construction of BLN Units 1 would not result in any radiological Since construction activities will not and 2. effluent and solid waste since the BLN involve operation of BLN Units 1 and 2, Units 1 and 2 would not be operating. the staff determined that there will be Accordingly, the NRC staff concludes Disposal of essentially all of the no postulated accident doses for the that there are no adverse impacts hazardous chemicals used at nuclear reinstatement of the CPs and associated with the proposed power plants is also regulated by RCRA construction of BLN Units 1 and 2. reinstatement of the CPs and or NPDES permits. construction of BLN Units 1 and 2. Uranium Fuel Cycle and Transportation Table 2 summarizes the radiological Occupational Radiation Doses Impacts environmental impacts of the proposed Occupational exposures to plant Since construction activities will not reinstatement of the CPs and workers conducting activities involving involve operation of BLN Units 1 and 2, construction of BLN Units 1 and 2.

TABLE 2—SUMMARY OF RADIOLOGICAL ENVIRONMENTAL IMPACTS

Occupational Radiation Doses ...... No adverse impacts. Public Radiation Doses ...... No adverse impacts. Postulated Accident Doses ...... No adverse impacts. Uranium Fuel Cycle and Transportation Impacts ...... No adverse impacts.

Cumulative Impacts and reasonably foreseeable future and construction for BLN Unit 1 and 2. actions in this review for cumulative The NRC staff determined runoff from A cumulative impact is defined in impacts on the environment. Should the land area around the main Council of Environmental Quality TVA receive approval by the NRC and construction site drains into an regulations (40 CFR 1508.7) as ‘‘an decide to construct one or two new unnamed tributary, wetland, and the impact on the environment which nuclear power plant units at the intake. Topographical flow gradient is results from the incremental impact of Bellefonte site (BLN Unit 1 and/or Unit following the natural elevation not the action when added to other past, 2), the cumulative impact would result planned for land excavation or present, and reasonably foreseeable from construction activities in the disturbance. Cumulative impacts of future actions regardless of what agency immediate vicinity of the site. normal construction of the proposed (Federal or non-Federal) or person The NRC staff has conducted a review facilities for BLN Units 1 and 2 were undertakes such other actions.’’ The of past, present, and the foreseeable evaluated for water resources, air NRC staff has considered past, present, future action of reinstatement of the CPs quality, health and safety, waste

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generation, resource use, and Therefore, it is anticipated that the emissions from construction workers environmental justice including potential cumulative impacts from traveling to and from the site. If the cumulative impacts for water quality, reinstatement of the CPs and request was denied, there would be no geologic resources, ecological resources, construction of BLN Units 1 and 2 adverse socioeconomic impacts; there aesthetic resources. These were would be small and no mitigation could be an increase in the availability explicitly addressed and the NRC staff would be required. of public services and rental housing in notes direct and indirect impacts to One of the considered actions the vicinity of the plant. If the request these resources are expected to be involves an application to build two was denied, there would be no adverse negligible. Cumulative impacts from new nuclear units at the Bellefonte site impacts to environmental justice; the proposed facility construction (BLN Units 3 and 4). By letter dated environmental justice impact analysis reinstatement of the CPs and October 30, 2007, TVA submitted its evaluates the potential for construction activities are not expected application for a Combined License disproportionately high and adverse to be significant. In addition, the (COL) for Bellefonte Units 3 and 4; this human health and environmental effects cumulative impacts of the proposed application is currently under review by on minority and low-income facilities to land development, the Office of New Reactors. populations that could result from electricity usage, and water usage would On August 27, 2008, TVA legal completing the construction of BLN be quite small. counsel notified Atomic Safety and Units 1 and 2. If construction resumes, TVA plans to Licensing Board Panel, reviewing the eventually move (re-route) the first half matter of BLN 3 and 4, that TVA has Alternative Use of Resources mile of the south entrance road such requested to reinstate the CPs for BLN This action does not involve the use that it would still join Jackson County Units 1 and 2 in a letter dated August of any resources not previously Highway 33, but to an intersection that 26, 2008. considered in the original FES for is about 1200 feet east of the current At this juncture, the TVA request that construction. the NRC reinstate the CPs for BLN Units connection point. This change would Agencies and Persons Consulted improve traffic visibility and, thereby, 1 and 2 does not constitute a ‘‘proposal’’ increase commuter safety. Some new that is interdependent with the BLN In accordance with its stated policy, ground would be disturbed for this road Units 3 and 4 COL application that is on October 15, 2008, the NRC staff but there are no associated significant before the agency. The TVA request to consulted with the Alabama State environmental impacts. reinstate the CP for BLN Units 1 and 2 officials, Mr. Keith Hudson and Ms. If construction resumes, some new fails to constitute a ‘‘proposal’’ of the Ashley Peters, of the Alabama backfill borrow pits may be required to type that would trigger a NEPA Department of Conservation and Natural obtain clay. These would likely be made cumulative impact analysis regarding Resources, regarding the environmental in undisturbed ground east of the main Units 1 and 2 in the National impact of the proposed action. The state site power plant buildings. The topsoil Environmental Policy Act (NEPA) officials had no comments. would be removed temporarily and analysis for proposed BLN Units 3 and Finding of No Significant Impact replaced to restore the sites after clay 4. If construction activities resume for removal. Tree cover would be removed BLN Units 1 and 2, TVA would need to On the basis of the EA, the in this process. assess the BLN Units 1 and 2 Commission concludes that the Meteorological monitoring construction impacts relative to BLN proposed action will not have a requirements have changed, which Units 3 and 4. significant effect on the quality of the might necessitate construction of a new human environment. Accordingly, the environmental data station. This new Alternatives to the Proposed Action Commission has determined not to facility could possibly be sited on There are four possibilities for prepare an environmental impact undisturbed soil. reinstatement of the CPs and statement for the proposed action. Construction of the startup and construction: (1) Both BLN Units 1 and For further details with respect to the recirculation equipment building for 2 (the proposed action, which bounds proposed action, see the licensee’s Unit 2 has not been initiated; however, possibilities 2 and 3), (2) BLN Unit 1 letters, dated August 16, 2006, the site for this building is disturbed only, (3) BLN Unit 2 only, and (4) September 25, 2008, and November 24, ground very close to the south side of neither BLN Unit 1 or Unit 2. 2008. Documents may be examined, the Unit 2 auxiliary building. Other A possible alternative to the proposed and/or copied for a fee, at the NRC’s potential construction activities on action of reinstatement of the CPs for Public Document Room (PDR), located disturbed ground include increasing the BLN Units 1 and 2 would be to reinstate at One White Flint North, 11555 size of the construction and only one CP; this alternative is bounded Rockville Pike (first floor), Rockville, administration building (CAB); by the proposed action. Maryland 20852. Publicly available additional fire protection tanks by the Another possible alternative to the records will be accessible electronically CAB; additional waste tanks adjacent to proposed action of reinstatement of the from the Agencywide Documents the Unit 1 reactor building; and CPs for BLN Units 1 and 2 would be to Access and Management System completion of the auxiliary feedwater deny the request of reinstatement of the (ADAMS) Public Electronic Reading pipe trench near the Unit 2 reactor CPs. This option would not eliminate Room on the NRC Web site, http:// building. The power stores building the environmental impacts of www.nrc.gov/reading-rm/adams.html. may be enlarged, and new plant security construction that have already occurred, Persons who do not have access to requirements may necessitate changes to and would only limit the additional ADAMS or who encounter problems in the gatehouse. construction that has been determined accessing the documents located in If the CPs are reinstated, the to have little to no impact on aquatic ADAMS should contact the NRC PDR expiration completion date for BLN Unit and terrestrial resources including Reference staff at 1–800–397–4209, or 1 CP is October 1, 2011, and the endangered species, to hydrology, 301–415–4737, or send an e-mail to expiration completion date for BLN Unit archaeology, land use, and transmission [email protected]. 2 CP is October 1, 2014, as specified in line maintenance, and temporary air Dated at Rockville, Maryland, this 24 day a NRC Order dated March 4, 2003. impacts from fugitive dust and of February 2008.

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For the Nuclear Regulatory Commission. Effluent Release Report one additional Nuclear Plant, Units 1 and 2 (NUREG– L. Raghavan, month. As specified in 10 CFR 1437, Supplement 20), dated May 2005. 50.36a(a)(2), the interval between Chief, Special Projects Branch, Division of Agencies and Persons Consulted Operating Reactor Licensing, Office of submittals must not exceed 12 months. Nuclear Reactor Regulation. A one-time exemption is required On February 9, 2009, the staff [FR Doc. E9–4441 Filed 3–2–09; 8:45 am] because the proposed amendment consulted with the Michigan State BILLING CODE 7590–01–P would result in the 2008 Radioactive official, Mr. Ken Yale, of the Michigan Effluent Release Report submittal Department of Environmental Quality, exceeding the 12-month requirement. regarding the environmental impact of NUCLEAR REGULATORY the proposed action. The State official COMMISSION Environmental Impacts of the Proposed had no comments. Action [Docket Nos. 50–315 and 50–316; NRC– Finding of No Significant Impact 2009–0094] The NRC has completed its safety evaluation of the proposed action and On the basis of the environmental Indiana Michigan Power Company; concludes that there are no assessment, the NRC concludes that the Donald C. Cook Nuclear Plant, Units 1 environmental impacts associated with proposed action will not have a and 2, Environmental Assessment and the proposed exemption. The details of significant effect on the quality of the Finding of No Significant Impact the staff’s safety evaluation will be human environment. Accordingly, the provided in the exemption that will be NRC has determined not to prepare an The U.S. Nuclear Regulatory issued as part of the letter to the environmental impact statement for the Commission (NRC) is considering licensee approving the exemption to the proposed action. issuance of an exemption from Title 10 regulation. For further details with respect to the of the Code of Federal Regulations (10 The proposed action will not proposed action, see the licensee’s letter CFR) Part 50, Section 36a(a)(2) [10 CFR significantly increase the probability or dated October 21, 2008. Documents may 50.36a(a)(2)], for Facility Operating consequences of accidents. No changes be examined, and/or copied for a fee, at License Nos. DPR–58 and DPR–74, are being made in the types of effluents the NRC’s Public Document Room issued to Indiana Michigan Power that may be released offsite. There is no (PDR), located at One White Flint North, Company (the licensee), for operation of significant increase in the amount of Public File Area O1 F21, 11555 the Donald C. Cook Nuclear Plant, Unit any effluent released offsite. There is no Rockville Pike (first floor), Rockville, 1 and Unit 2, located in Berrien County. significant increase in occupational or Maryland. Publicly available records Therefore, as required by 10 CFR 51.21, public radiation exposure. Therefore, will be accessible electronically from the NRC is issuing this environmental there are no significant radiological the Agencywide Documents Access and assessment and finding of no significant environmental impacts associated with Management System (ADAMS) Public impact. the proposed action. Electronic Reading Room on the Internet Environmental Assessment With regard to potential non- at the NRC Web site, http:// radiological impacts, the proposed www.nrc.gov/reading-rm/adams.html. Identification of the Proposed Action action does not have a potential to affect Persons who do not have access to The regulation 10 CFR 50.36(a)(2) any historic sites. It does not affect non- ADAMS or who encounter problems in specifies that the Radioactive Effluent radiological plant effluents and has no accessing the documents located in Release Report submittal interval must other environmental impact. Therefore, ADAMS should contact the NRC PDR not exceed 12 months. By application there are no significant non-radiological Reference staff by telephone at 1–800– dated October 21, 2008 (Agencywide environmental impacts associated with 397–4209 or 301–415–4737, or send an Documents Access and Management the proposed action. e-mail to [email protected]. System (ADAMS) Accession Number Accordingly, the NRC concludes that ML082970187), the licensee proposed Dated at Rockville, Maryland, this 24th day there are no significant environmental of February 2009. an amendment to Technical impacts associated with the proposed For the Nuclear Regulatory Commission. Specification 5.6.3 which would change action. the submittal date from ‘‘within 90 days Terry A. Beltz, of January 1 of each year’’ (i.e., prior to Environmental Impacts of the Senior Project Manager, Plant Licensing April 1, 2009) to ‘‘prior to May 1 of each Alternatives to the Proposed Action Branch III–1, Division of Operating Reactor year.’’ As an alternative to the proposed Licensing, Office of Nuclear Reactor In the October 21, 2008, application, action, the staff considered denial of the Regulation. the licensee also requested a one-time proposed action (i.e., the ‘‘no-action’’ [FR Doc. E9–4438 Filed 3–2–09; 8:45 am] exemption from the requirements of 10 alternative). Denial of the application BILLING CODE 7590–01–P CFR 50.36a(a)(2) to support the would result in no change in current implementation of the proposed environmental impacts. The amendment which results in the 2008 environmental impacts of the proposed NUCLEAR REGULATORY Radioactive Effluent Release Report action and the alternative action are COMMISSION submittal exceeding the 12-month similar. Sunshine Federal Register Notice requirement. Alternative Use of Resources The Need for the Proposed Action AGENCY HOLDING THE MEETINGS: Nuclear The action does not involve the use of Regulatory Commission. The proposed action is required to any different resources other than those support the implementation of the previously considered in the Final DATES: Weeks of March 2, 9, 16, 23, 30, proposed amendment to Technical Environmental Statement for the Donald April 6, 2009. Specification 5.6.3. This amendment C. Cook Nuclear Plant, Units 1 and 2, PLACE: Commissioners’ Conference eliminates an undue administrative dated August 1973, and the Generic Room, 11555 Rockville Pike, Rockville, burden by extending the required Environmental Impact Statement for Maryland. submittal date for the Radioactive License Renewal of the Donald C. Cook STATUS: Public and Closed.

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Week of March 2, 2009 Week of April 6, 2009—Tentative addresses procedural steps associated with these filings. Wednesday, March 4, 2009 There are no meetings scheduled for the week of April 6, 2009. DATES: Comments are due March 4, 2:45 p.m. Discussion of Security Issues 2009. (Closed—Ex. 1). * * * * * * The schedule for Commission ADDRESSES: Submit comments Thursday, March 5, 2009 meetings is subject to change on short electronically via the Commission’s 2:25 p.m. Affirmation Session (Public notice. To verify the status of meetings, Filing Online system at http:// Meeting) (Tentative). call (recording)—(301) 415–1292. www.prc.gov. a. Dominion Nuclear Connecticut, Inc. Contact person for more information: FOR FURTHER INFORMATION CONTACT: (Millstone Power Station, Unit 3) Rochelle Bavol, (301) 415–1651. Stephen L. Sharfman, General Counsel, (License Amendment for Power * * * * * 202–789–6820 and Uprate) (Tentative). The NRC Commission Meeting [email protected]. b. Entergy Nuclear Operations, Inc. Schedule can be found on the Internet SUPPLEMENTARY INFORMATION: Docket Nos. 50–247–LR and 50– at: http://www.nrc.gov/about-nrc/policy- 286–LR. Entergy’s Petition for making/schedule.html. I. Introduction Interlocutory Review of the * * * * * On February 20, 2009, the Postal Licensing Board’s December 18, The NRC provides reasonable Service filed a formal request pursuant 2008 Memorandum and Order accommodation to individuals with to 39 U.S.C. 3642 and 39 CFR 3020.30 (Tentative). disabilities where appropriate. If you et seq. to add Express Mail & Priority Friday, March 6, 2009 need a reasonable accommodation to Mail Contract 4 to the Competitive participate in these public meetings, or Product List.1 The Postal Service asserts 9:30 a.m. Briefing on Guidance for need this meeting notice or the that the Express Mail & Priority Mail Implementation of Security transcript or other information from the Contract 4 product is a competitive Rulemaking (Public Meeting) public meetings in another format (e.g. product ‘‘not of general applicability’’ (Contact: Rich Correia, 301–415– braille, large print), please notify the within the meaning of 39 U.S.C. 7674). NRC’s Disability Program Coordinator, 3632(b)(3). Request at 1. The Request This meeting will be webcast live at Rohn Brown, at 301–492–2279, TDD: has been assigned Docket No. MC2009– the Web address—http://www.nrc.gov. 301–415–2100, or by e-mail at 17. 1:30 p.m. Briefing on Guidance for [email protected]. Determinations on The Postal Service Implementation of Security requests for reasonable accommodation contemporaneously filed a contract Rulemaking (Closed—Ex. 3). will be made on a case-by-case basis. related to the proposed new product pursuant to 39 U.S.C. 3632(b)(3) and 39 Week of March 9, 2009—Tentative * * * * * This notice is distributed by mail to CFR 3015.5. The contract has been There are no meetings scheduled for several hundred subscribers; if you no assigned Docket No. CP2009–24. the week of March 9, 2009. longer wish to receive it, or would like Request. The Request incorporates (1) Week of March 16, 2009—Tentative to be added to the distribution, please A redacted version of the Governors’ contact the Office of the Secretary, Decision authorizing the new product; Monday, March 16, 2009 (2) a redacted version of the contract; (3) Washington, DC 20555 (301–415–1969). requested changes in the Mail 9:30 a.m. Briefing on State of Nuclear In addition, distribution of this meeting Classification Schedule product list; (4) Materials and Waste Programs notice over the Internet system is a statement of supporting justification as (Public Meeting) (Contact: Tammy available. If you are interested in required by 39 CFR 3020.32; and (5) Bloomer, 301–415–1725). receiving this Commission meeting certification of compliance with 39 This meeting will be webcast live at schedule electronically, please send an U.S.C. 3633(a).2 Substantively, the the Web address—http://www.nrc.gov. electronic message to Request seeks to add Express Mail & [email protected]. Tuesday, March 17, 2009 Priority Mail Contract 4 to the 1:30 p.m. Briefing on State of Nuclear Dated: February 26, 2009. Competitive Product List. Request at 1– Reactor Safety Programs (Public Rochelle C. Bavol, 2. Meeting) (Contact: Tammy Bloomer, Office of the Secretary. In the statement of supporting 301–415–1725). [FR Doc. E9–4559 Filed 2–27–09; 11:15 am] justification, Kim Parks, Manager, Sales This meeting will be webcast live at BILLING CODE 7590–01–P 1 Request of the United States Postal Service to the Web address—http://www.nrc.gov. Add Express Mail & Priority Mail Contract 4 to Competitive Product List and Notice of Friday, March 20, 2009 POSTAL REGULATORY COMMISSION Establishment of Rates and Class Not of General 9:30 a.m. Briefing on the Nuclear Applicability, February 20, 2009 (Request). [Docket Nos. MC2009–17 and CP2009–24; 2 Education Program (Public Meeting) Attachment A to the Request consists of the Order No. 184] redacted Decision of the Governors of the United (Contact: John Gutteridge, 301–492– States Postal Service on Establishment of Rate and 2313). New Competitive Postal Product Class Not of General Applicability for Express Mail This meeting will be webcast live at and Priority Mail Services (Governors’ Decision No. the Web address—http://www.nrc.gov. AGENCY: Postal Regulatory Commission. 09–2). The Governors’ Decision includes an attachment which provides an analysis of the ACTION: Notice. Week of March 23, 2009—Tentative proposed Express Mail and Priority Mail Contract 4 and certification of the Governors’ vote. There are no meetings scheduled for SUMMARY: The Commission is noticing a Attachment B is the redacted version of the the week of March 23, 2009. recently-filed Postal Service request to contract. Attachment C shows the requested add Express Mail & Priority Mail changes to the Mail Classification Schedule product Week of March 30, 2009—Tentative list. Attachment D provides a statement of Contract Mail 4 to the Competitive supporting justification for the Request. Attachment There are no meetings scheduled for Product List. The Postal Service has also E provides the certification of compliance with 39 the week of March 30, 2009. filed a related contract. This notice U.S.C. 3633(a).

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and Communications, Expedited III. Ordering Paragraphs Contract 5 product is a competitive Shipping, asserts that the service to be It is Ordered: product ‘‘not of general applicability’’ provided under the contract will cover 1. The Commission establishes Docket within the meaning of 39 U.S.C. its attributable costs, make a positive Nos. MC2009–17 and CP2009–24 for 3632(b)(3). Request at 1. The Request contribution to institutional costs, and consideration of the matters raised in has been assigned Docket No. MC2009– increase contribution toward the each docket. 18. requisite 5.5 percent of the Postal 2. Pursuant to 39 U.S.C. 505, Paul L. The Postal Service Service’s total institutional costs. Id., Harrington is appointed to serve as contemporaneously filed a contract Attachment D. Thus, Ms. Parks officer of the Commission (Public related to the proposed new product contends there will be no issue of Representative) to represent the pursuant to 39 U.S.C. 3632(b)(3) and 39 subsidization of competitive products interests of the general public in these CFR 3015.5. The contract has been by market dominant products as a result proceedings. assigned Docket No. CP2009–25. of this contract. Id. 3. Comments by interested persons in Request. The Request incorporates (1) Related contract. A redacted version these proceedings are due no later than A redacted version of the Governors’ of the specific Express Mail & Priority March 4, 2009. Decision authorizing the new product; Mail Contract 4 is included with the 4. The Secretary shall arrange for (2) a redacted version of the contract; (3) Request. The contract is for 3 years and publication of this order in the Federal requested changes in the Mail is to be effective 1 day after the Register. Classification Schedule product list; (4) Commission provides all necessary By the Commission. a statement of supporting justification as regulatory approvals. The Postal Service Steven W. Williams, required by 39 CFR 3020.32; and (5) certification of compliance with 39 represents that the contract is consistent Secretary. U.S.C. 3633(a).2 Substantively, the with 39 U.S.C. 3633(a) and 39 CFR [FR Doc. E9–4414 Filed 3–2–09; 8:45 am] 3015.7(c). See id., Attachment A and Request seeks to add Express Mail & BILLING CODE 7710–FW–P Attachment E. It notes that actual Priority Mail Contract 5 to the performance under this contract could Competitive Product List. Request at 1– 2. vary from estimates, but concludes that POSTAL REGULATORY COMMISSION the risks are manageable. Id., In the statement of supporting Attachment A. [Docket Nos. MC2009–18 and CP2009–25; justification, Kim Parks, Manager, Sales Order No. 185] The Postal Service filed much of the and Communications, Expedited Shipping, asserts that the service to be supporting materials, including the New Competitive Postal Product Governors’ Decision and the specific provided under the contract will cover Express Mail & Priority Mail Contract 4, AGENCY: Postal Regulatory Commission. its attributable costs, make a positive under seal. In its Request, the Postal ACTION: Notice. contribution to institutional costs, and Service maintains that the contract and increase contribution toward the SUMMARY: The Commission is noticing a related financial information, including requisite 5.5 percent of the Postal recently-filed Postal Service request to the customer’s name and the Service’s total institutional costs. Id., add Express Mail & Priority Mail accompanying analyses that provide Attachment D. Thus, Ms. Parks Contract Mail 5 to the Competitive prices, terms, conditions, and financial contends there will be no issue of Product List. The Postal Service has also projections should remain under seal. subsidization of competitive products filed a related contract. This notice Id. at 2–3. by market dominant products as a result addresses procedural steps associated of this contract. Id. II. Notice of Filings with these filings. Related contract. A redacted version DATES: Comments are due March 4, of the specific Express Mail & Priority The Commission establishes Docket 2009. Mail Contract 5 is included with the Nos. MC2009–17 and CP2009–24 for Request. The contract is for 3 years and consideration of the Request pertaining ADDRESSES: Submit comments electronically via the Commission’s is to be effective 1 day after the to the proposed Express Mail & Priority Commission provides all necessary Mail Contract 4 product and the related Filing Online system at http:// www.prc.gov. regulatory approvals. The Postal Service contract, respectively. In keeping with represents that the contract is consistent practice, these dockets are addressed on FOR FURTHER INFORMATION CONTACT: with 39 U.S.C. 3633(a) and 39 CFR a consolidated basis for purposes of this Stephen L. Sharfman, General Counsel, 3015.7(c). See id., Attachment A and order; however, future filings should be 202–789–6820 and Attachment E. It notes that actual made in the specific docket in which [email protected]. performance under this contract could issues being addressed pertain. SUPPLEMENTARY INFORMATION: vary from estimates, but concludes that Interested persons may submit I. Introduction comments on whether the Postal 2 Attachment A to the Request consists of the Service’s filings in the captioned On February 20, 2009, the Postal redacted Decision of the Governors of the United dockets are consistent with the policies Service filed a formal request pursuant States Postal Service on Establishment of Rate and of 39 U.S.C. 3632, 3633, or 3642 and 39 Class Not of General Applicability for Express Mail to 39 U.S.C. 3642 and 39 CFR 3020.30 and Priority Mail Services (Governors’ Decision No. CFR part 3015 and 39 CFR 3020 subpart et seq. to add Express Mail & Priority 09–3). The Governors’ Decision includes an B. Comments are due no later than Mail Contract 5 to the Competitive attachment which provides an analysis of the March 4, 2009. The public portions of Product List.1 The Postal Service asserts proposed Express Mail and Priority Mail Contract these filings can be accessed via the 5 and certification of the Governors’ vote. that the Express Mail & Priority Mail Attachment B is the redacted version of the Commission’s Web site (http:// contract. Attachment C shows the requested www.prc.gov). 1 Request of the United States Postal Service to changes to the Mail Classification Schedule product Add Express Mail & Priority Mail Contract 5 to list. Attachment D provides a statement of The Commission appoints Paul L. Competitive Product List and Notice of supporting justification for the Request. Attachment Harrington to serve as Public Establishment of Rates and Class Not of General E provides the certification of compliance with 39 Representative in these dockets. Applicability, February 20, 2009 (Request). U.S.C. 3633(a).

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the risks are manageable. Id., SECURITIES AND EXCHANGE of their ‘‘financial intermediaries’’ 2 and Attachment A. COMMISSION maintain a copy of the written The Postal Service filed much of the information sharing agreement with supporting materials, including the Submission for OMB Review; each intermediary in an easily Governors’ Decision and the specific Comment Request accessible place for six years. Third, pursuant to the information sharing Express Mail & Priority Mail Contract 5, Upon Written Request, Copies Available under seal. In its Request, the Postal agreements, funds must have systems From: Securities and Exchange that enable them to request frequent Service maintains that the contract and Commission, Office of Investor related financial information, including trading information upon demand from Education and Advocacy, their intermediaries, and to enforce any the customer’s name and the Washington, DC 20549–0213. accompanying analyses that provide restrictions on trading required by funds prices, terms, conditions, and financial Extension: under the rule. Rule 22c–2; SEC File No. 270–541; OMB The collections of information created projections should remain under seal. Control No. 3235–0620. by Rule 22c–2 are necessary for funds to Id. at 2–3. Notice is hereby given that pursuant effectively assess redemption fees, II. Notice of Filings to the Paperwork Reduction Act of 1995 enforce their policies in frequent trading, and monitor short-term trading, The Commission establishes Docket (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission (the including market timing, in omnibus Nos. MC2009–18 and CP2009–25 for accounts. These collections of consideration of the Request pertaining ‘‘Commission’’) has submitted to the Office of Management and Budget a information are mandatory for funds to the proposed Express Mail & Priority that redeem shares within seven days of Mail Contract 5 product and the related request for extension of the previously approved collection of information purchase. The collections of information contract, respectively. In keeping with also are necessary to allow Commission practice, these dockets are addressed on discussed below. Rule 22c–2 (17 CFR 270.22c–2 staff to fulfill its examination and a consolidated basis for purposes of this oversight responsibilities. order; however, future filings should be ‘‘Mutual Fund Redemption Fees’’) under the Investment Company Act of Rule 22c–2(a)(1) requires the board of made in the specific docket in which directors of all registered investment issues being addressed pertain. 1940 (15 U.S.C. 80a) (the ‘‘Investment Company Act’’ or ‘‘Act’’) requires the companies and series thereof (except for Interested persons may submit board of directors (including a majority money market funds, ETFs, or funds comments on whether the Postal of independent directors) of most that affirmatively permit short-term Service’s filings in the captioned registered investment companies trading of its securities) to approve a dockets are consistent with the policies (‘‘funds’’) to either approve a redemption fee for the fund, or instead of 39 U.S.C. 3632, 3633, or 3642 and 39 redemption fee of up to two percent or make a determination that a redemption CFR part 3015 and 39 CFR 3020 subpart determine that imposition of a fee is either not necessary or appropriate B. Comments are due no later than redemption fee is not necessary or for the fund. Commission staff March 4, 2009. The public portions of appropriate for the fund. Rule 22c–2 understands that the boards of all funds these filings can be accessed via the also requires a fund to enter into written currently in operation have undertaken Commission’s Web site (http:// agreements with their financial this process for the funds they currently www.prc.gov). intermediaries (such as broker-dealers oversee, and the rule does not require The Commission appoints Paul L. and retirement plan administrators) boards to review this determination Harrington to serve as Public under which the fund, upon request, periodically once it has been made. Representative in these dockets. can obtain certain shareholder identity Accordingly, we expect that only boards and trading information from the of newly registered funds or newly III. Ordering Paragraphs intermediaries. The written agreement created series thereof would undertake this determination. Commission staff It is Ordered: must also allow the fund to direct the intermediary to prohibit further estimates that approximately 300 funds 1. The Commission establishes Docket purchases or exchanges by specific or series thereof (excluding money Nos. MC2009–18 and CP2009–25 for shareholders that the fund has market funds and ETFs) are newly consideration of the matters raised in identified as being engaged in formed each year and would need to each docket. transactions that violate the fund’s make this determination. 2. Pursuant to 39 U.S.C. 505, Paul L. market timing policies. These Commission staff estimates that it Harrington is appointed to serve as requirements enable funds to obtain the takes approximately 2 hours of the officer of the Commission (Public information that they need to monitor boards’ time, as a whole, to approve a Representative) to represent the the frequency of short-term trading in interests of the general public in these 2 The rule defines a Financial Intermediary as: (i) omnibus accounts and enforce their Any broker, dealer, bank, or other person that holds proceedings. market timing policies. securities issued by the fund in nominee name; (ii) 3. Comments by interested persons in The rule includes three ‘‘collections a unit investment trust or fund that invests in the of information’’ within the meaning of fund in reliance on section 12(d)(i)(E) of the Act; these proceedings are due no later than and (iii) in the case of a participant directed March 4, 2009. the Paperwork Reduction Act of 1995 employee benefit plan that owns the securities 1 4. The Secretary shall arrange for (‘‘PRA’’). First, the rule requires boards issued by the fund, a retirement plan’s administrator under section 316(A) of the Employee publication of this order in the Federal to either approve a redemption fee of up to two percent or determine that Retirement Security Act of 1974 (29 U.S.C. Register. 1002(16)(A) or any person that maintains the plans’ imposition of a redemption fee is not By the Commission. participant records. Financial Intermediary does not necessary or appropriate for the fund. include any person that the fund treats as an Steven W. Williams, Second, funds must enter into individual investor with respect to the fund’s Secretary. information sharing agreements with all policies established for the purpose of eliminating or reducing any dilution of the value of the [FR Doc. E9–4415 Filed 3–2–09; 8:45 am] outstanding securities issued by the fund. Rule 22c– BILLING CODE 7710–FW–P 1 44 U.S.C. 3501–3520. 2(c)(1).

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redemption fee or make the required an information sharing agreement takes the fund group level and estimates that determination. In addition, Commission a total of approximately 4 hours of there are currently approximately 680 staff estimates that it takes compliance attorney time per intermediary fund groups. Commission staff estimates personnel of the fund approximately 8 (representing 2.5 hours of fund attorney that maintaining records of information hours to prepare trading, compliance, time and 1.5 hours of intermediary sharing agreements requires and other information regarding the attorney time). Accordingly, approximately 10 minutes of time spent fund’s operations to enable the board to Commission staff estimates that each by a general clerk per fund, each year. make its determination, and takes existing fund group expends 20 hours Accordingly, Commission staff internal counsel of the fund each year 6 to enter into new estimates that all funds will incur approximately 3 hours to review this information sharing agreements, and all approximately 113 hours 11 in information and present its existing fund groups incur a total of complying with the recordkeeping recommendations to the board. 13,600 hours. requirement of rule 22c–2(a)(3). Therefore, for each fund board that In addition, newly created funds Therefore, Commission staff estimates undertakes this determination process, advised by new entrants (effectively that to comply with the information Commission staff estimates it expends new fund groups) must enter into sharing agreement requirements of rule approximately 13 hours.3 As a result, information sharing agreements with all 22c–2(a)(1) and (3) requires a total of Commission staff estimates that the total of their financial intermediaries. 22,513 hours.12 time spent for all funds on this process Commission staff estimates that there The Commission staff estimates that is 3900 hours.4 are approximately 22 new funds or fund on average, each fund group requests Rule 22c–2(a)(2) requires a fund to groups that form each year that will shareholder information once a week, enter into information sharing have to enter into information sharing and gives instructions regarding the agreements with each of its financial agreements with each of their restriction of shareholder trades every intermediaries. Commission staff intermediaries.7 Commission staff day, for a total of 417 responses related understands that all currently registered estimates that funds and fund groups to information sharing systems per fund funds have already entered into such formed by new advisers typically have group each year, and a total 283,560 agreements with their intermediaries. relationships with significantly fewer responses for all fund groups annually. Funds enter into new relationships with intermediaries than existing fund In addition, the staff estimates that intermediaries from time to time, groups, and estimates that new fund funds make 300 responses related to however, which requires them to enter groups will typically enter into board determinations, 3,400 responses into new information sharing approximately 100 information sharing related to new intermediaries of existing agreements. Commission staff agreements with their intermediaries fund groups, 2,200 responses related to understands that, in general, funds enter when they begin operations.8 As new fund group information sharing into information-sharing agreement discussed previously, Commission staff agreements, and 680 responses related when they initially establish a estimates that it takes approximately 4 to recordkeeping, for a total of 6,580 relationship with an intermediary, hours of attorney time per intermediary responses related to the other which is typically executed as an to enter into information sharing requirements of rule 22c–2. Therefore, addendum to the distribution agreements. Therefore, Commission staff the Commission staff estimates that the agreement. Commission staff estimates estimates that each newly formed fund total number of responses is 290,140 that there are approximately 7,254 open- group will incur 400 hours of attorney (283,560 + 6,580 = 290,140). 9 end fund series currently in operation time, and all newly formed fund Commission staff also estimates that (excluding money market funds and groups will incur a total of 8800 hours there are 7,254 potential respondents ETFs). However, the Commission staff to enter into information sharing making 290,140 responses each year. 10 understands that most shareholder agreements with their intermediaries. The Commission staff estimates that the Rule 22c–2(a)(3) requires funds to information agreements are entered into total hour burden for rule 22c–2 is maintain records of all information by the fund group (a group of funds 26,413 hours.13 with a common investment adviser), sharing agreements for 6 years in an Rule 22c–2 requires funds to enter easily accessible place. Commission and estimates that there are currently into information sharing agreements 5 staff estimates that there are 680 currently active fund groups. with their intermediaries that enable approximately 7,254 open-end fund Commission staff estimates that, on funds to, upon request (i) be provided series currently in operation (excluding average, each active fund group enters certain information regarding money market funds and ETFs). into relationships with approximately 5 shareholders and their trades that are However, the Commission staff new intermediaries each year. held through a financial intermediary or anticipates that most shareholder Commission staff understands that an indirect intermediary, and (ii) require information agreements will be stored at funds generally use a standard the intermediary to execute instructions information sharing agreement, drafted from the fund restricting or prohibiting 6 This estimate is based on the following by the fund or an outside entity, and calculations: (4 hours × 5 new intermediaries = 20 further purchases or exchanges by modifies that agreement according to hours). shareholders that violate the fund’s the requirements of each intermediary. 7 ICI, 2008 Investment Company Fact Book at Fig frequent trading policies. As a result of _ Commission staff estimates that 1.7 (2008) (http://www.ici.org/stats/latest/2008 this requirement, some funds and negotiating the terms and entering into factbook.pdf). 8 Commission staff understands that funds generally use a standard information sharing 11 This estimate is based on the following 3 This calculation is based on the following agreement, drafted by the fund or an outside entity, calculations: (10 minutes × 680 fund groups = 6,800 estimates: (2 hours of board time + 3 hours of and then modifies that agreement to according the minutes); (6,800 minutes / 60 = 113 hours). internal counsel time + 8 hours of compliance time requirements of each intermediary. 12 This estimate is based on the following = 13 hours). 9 This estimate is based on the following calculations: (13,600 hours + 8,800 hours + 113 4 This calculation is based on the following calculations: (4 hours × 100 intermediaries = 400 hours = 22,513 hours). estimates: (13 hours × 300 funds = 3,900 hours). hours). 13 This estimate is based on the following 5 ICI, 2008 Investment Company Fact Book at Fig 10 This estimate is based on the following calculations: (3,900 hours (board determination) + 1.7 (2008) (http://www.ici.org/stats/latest/2008_ calculations: (22 fund groups × 400 hours + 8,800 22,513 hours (information sharing agreements) = factbook.pdf). hours). 26,413 total hours).

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intermediaries have had to develop and a collection of information unless it Ltd.) because it has not filed any maintain information sharing, displays a currently valid control periodic reports since the period ended monitoring, and order execution number. March 31, 1998. systems (collectively ‘‘information Please direct general comments It appears to the Securities and sharing systems’’). regarding the above information to the Exchange Commission that there is a In general, the staff estimates that the following persons: (i) Desk Officer for lack of current and accurate information typical charges involved in operating the Securities and Exchange concerning the securities of Molten and maintaining information sharing Commission, Office of Management and Metal Technology, Inc. because it has systems average 25 cents for every 100 Budget, Room 10102, New Executive not filed any periodic reports since the account transactions requested. The Office Building, Washington, DC 20503 period ended September 30, 1997. Commission staff estimates that, on or send an e-mail to: Shagufta_Ahmed@ It appears to the Securities and average, each fund group requests omb.eop.gov; and (ii) Charles Boucher, Exchange Commission that there is a information for 100,000 transactions Director/CIO, Securities and Exchange lack of current and accurate information each week, incurring costs of $250 Commission, C/O Shirley Martinson, concerning the securities of MRS weekly, or $13,000 a year.14 In addition, 6432 General Green Way, Alexandria, Technology, Inc. because it has not filed the Commission staff estimates that VA 22312; or send an e-mail to: any periodic reports since the period funds pay access fees to use these [email protected]. Comments must ended September 30, 1998. information sharing systems (or be submitted to OMB within 30 days of It appears to the Securities and comparable internal costs) of this notice. Exchange Commission that there is a lack of current and accurate information approximately $30,000 each year. The Dated: February 25, 2009. Commission staff therefore estimates concerning the securities of Sun Florence E. Harmon, Television & Appliances, Inc. because it that a fund group would typically incur Deputy Secretary. approximately $43,000 in costs each has not filed any periodic reports since [FR Doc. E9–4425 Filed 3–2–09; 8:45 am] year related to the operation and the period ended November 28, 1998. maintenance of information sharing BILLING CODE 8011–01–P It appears to the Securities and systems required by rule 22c–2. The Exchange Commission that there is a Commission staff has previously lack of current and accurate information SECURITIES AND EXCHANGE concerning the securities of Telegroup, estimated that there are approximately COMMISSION 680 fund groups currently active, and Inc. because it has not filed any periodic reports since the period ended therefore estimates that all fund groups In the Matter of Cincinnati Microwave, incur a total of $29,240,000 in ongoing September 30, 1998. Inc., Core Technologies Pennsylvania, The Commission is of the opinion that costs each year related to maintaining Inc., First Central Financial Corp., the public interest and the protection of and operating information sharing Imark Technologies, Inc. (n/k/a Pharm investors require a suspension of trading systems.15 Control Ltd.), Molten Metal in the securities of the above-listed Commission staff estimates that it Technology, Inc., MRS Technology, requires approximately $100,000 to companies. Inc., Sun Television & Appliances, Inc., Therefore, it is ordered, pursuant to purchase or develop and implement and Telegroup, Inc.; File No. 500–1; Section 12(k) of the Securities Exchange such an information sharing system for Order of Suspension of Trading Act of 1934, that trading in the the first time. Commission staff has securities of the above-listed companies previously estimated that approximately February 27, 2009. is suspended for the period from 9:30 22 funds or fund groups are formed each It appears to the Securities and a.m. EST on February 27, 2009, through year managed by new advisers, and Exchange Commission that there is a 11:59 p.m. EDT on March 12, 2009. therefore estimates that all these funds lack of current and accurate information would incur total costs of approximately concerning the securities of Cincinnati By the Commission. $2,200,000.16 Microwave, Inc. because it has not filed Elizabeth M. Murphy, Responses provided to the any periodic reports since the period Secretary. Commission will be accorded the same ended September 29, 1996. [FR Doc. E9–4594 Filed 2–27–09; 4:15 pm] It appears to the Securities and level of confidentiality accorded to BILLING CODE 8011–01–P other responses provided to the Exchange Commission that there is a Commission in the context of its lack of current and accurate information examination and oversight program. concerning the securities of Core SECURITIES AND EXCHANGE Responses provided in the context of Technologies Pennsylvania, Inc. COMMISSION the Commission’s examination and because it has not filed any periodic reports since the period ended [Release No. 34–59448; File No. SR–CBOE– oversight program are generally kept 2009–011] confidential. Complying with the September 30, 1998, except for a Form information collections of rule 22c–2 is 10–Q it filed for the period ended Self-Regulatory Organizations; mandatory for funds that redeem their September 30, 2008. Chicago Board Options Exchange, shares within 7 days of purchase. An It appears to the Securities and Incorporated; Notice of Filing and agency may not conduct or sponsor, and Exchange Commission that there is a Immediate Effectiveness of Proposed a person is not required to respond to lack of current and accurate information Rule Change Related to the Simple concerning the securities of First Central Auction Liaison (SAL) 14 This estimate is based on the following Financial Corp. because it has not filed calculations: (100,000 transaction requests × any periodic reports since the period February 25, 2009. 0.0025¢ = $250); ($250 × 52 weeks = $13,000). ended June 30, 1997. Pursuant to Section 19(b)(1) of the 15 This estimate is based on the following It appears to the Securities and × Securities Exchange Act of 1934 (the calculation: (680 fund groups $43,000 = Exchange Commission that there is a 1 2 $29,240,000). ‘‘Act’’), and Rule 19b–4 thereunder, 16 This estimate is based on the following lack of current and accurate information estimate: ($100,000 × 22 new fund groups = concerning the securities of Imark 1 15 U.S.C. 78s(b)(1). $2,200,000). Technologies, Inc. (n/k/a Pharm Control 2 17 CFR 240.19b–4.

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notice is hereby given that on February execution by the Hybrid System (an will HAL.6 If HAL is not active, any 20, 2009, the Chicago Board Options ‘‘agency order’’) pursuant to Rule 6.13, remainder of the limit order will book. Exchange, Incorporated (‘‘Exchange’’ or CBOE Hybrid System’s Automatic The Exchange believes this change ‘‘CBOE’’) filed with the Securities and Execution Feature, except when the would allow for additional Exchange Commission (the Exchange’s disseminated quotation on opportunities for price improvement to ‘‘Commission’’) the proposed rule the opposite side of the market from the orders that would otherwise not be change as described in Items I, II, and agency order does not contain sufficient eligible for SAL. All other provisions of III below, which Items have been Market-Maker quotation size to satisfy the SAL rule would apply unchanged. the entire Agency Order. Prior to prepared by the Exchange. The 2. Statutory Basis Exchange filed the proposal as a ‘‘non- commencing the auction, SAL stops the controversial’’ proposed rule change agency order at the NBBO against The Exchange believes the proposed pursuant to Section 19(b)(3)(A)(iii) of Market-Maker quotations displayed at rule change is consistent with Section the Act 3 and Rule 19b–4(f)(6) the NBBO on the opposite side of the 6(b) of the Act 7 in general and furthers thereunder.4 The Commission is market as the agency order. For the objectives of Section 6(b)(5) of the 8 publishing this notice to solicit example, if an otherwise eligible agency Act in particular in that it is designed comments on the proposed rule change order for 120 contracts is entered and to foster cooperation and coordination from interested persons. the disseminated quotation size is 100, with persons engaged in regulating, SAL will not initiate an auction process. clearing, settling, processing I. Self-Regulatory Organization’s On the other hand, if an eligible agency information with respect to, and Statement of the Terms of Substance of order for 100 contracts is entered and facilitating transactions in securities, to the Proposed Rule Change the disseminated quotation size is 100, remove impediments to and perfect the The Exchange proposes to modify SAL will stop the entire agency order at mechanism of a free and open market Rule 6.13A, Simple Auction Liaison the NBBO against the disseminated and a national market system, and, in (SAL), so that SAL will be available quotation size of 100 while SAL general, to protect investors and the when the size of the agency order is initiates an auction for price public interest. In particular, the larger than the disseminated Market- improvement over the NBBO. Exchange believes that the proposed Maker quotation size on the opposite In order to offer additional change would give additional side of the market in Hybrid 3.0 classes. opportunities for price improvement in opportunities to provide orders The text of the proposed rule change is Hybrid 3.0 classes that are singly-listed executions at improved prices. available on the Exchange’s Web site (which currently only includes options B. Self-Regulatory Organization’s (http://www.cboe.org/Legal), at the on the Standard and Poor’s 500 Index, Statement on Burden on Competition Exchange’s Office of the Secretary and SPX), we propose to modify the process CBOE does not believe that the at the Commission. so that SAL will operate in instances where the agency order size exceeds the proposed rule change will impose any II. Self-Regulatory Organization’s disseminated Market-Maker quotation burden on competition not necessary or Statement of the Purpose of, and size. In such instances, the order would appropriate in furtherance of the Statutory Basis for, the Proposed Rule be stopped to the extent of the purposes of the Act. Change disseminated Market-Maker quotation C. Self-Regulatory Organization’s In its filing with the Commission, the size. To the extent an order exceeds the Statement on Comments on the self-regulatory organization included disseminated Market-Maker quotation Proposed Rule Change Received From statements concerning the purpose of size, a stop is not necessary and will not Members, Participants or Others and basis for the proposed rule change be applied. Thus, using our example The Exchange neither solicited nor and discussed any comments it received above, if an eligible agency order for 120 received comments on the proposal. on the proposed rule change. The text contracts is entered in a Hybrid 3.0 class of those statements may be examined at and the disseminated quotation size is III. Date of Effectiveness of the the places specified in Item IV below. 100, SAL will partially stop the agency Proposed Rule Change and Timing for The Exchange has prepared summaries, order at the NBBO against the Commission Action set forth in sections A, B, and C below, disseminated quotation size of 100 (the Because the foregoing rule does not (i) of the most significant parts of such remaining 20 contracts will not be significantly affect the protection of statements. stopped) while SAL initiates an auction investors or the public interest; (ii) A. Self-Regulatory Organization’s for price improvement over the NBBO impose any significant burden on Statement of the Purpose of, and for the entire 120 contract order. After competition; and (iii) become operative Statutory Basis for, the Proposed Rule expiration of the SAL auction, the order for 30 days from the date on which it Change will execute to the extent possible in was filed, or such shorter time as the accordance with the matching algorithm Commission may designate if consistent 1. Purpose in effect for SAL executions in the SAL is a feature within CBOE’s Hybrid 3.0 class. If there is any 6 HAL is a feature within the Hybrid System that Hybrid System that auctions marketable remainder and the order is a market provides automated order handing in designated order, the remainder would trade with classes trading on Hybrid for qualifying electronic orders for price improvement over the orders that are not automatically executed by the national best bid or offer (‘‘NBBO’’). the book at the next price level(s). If Hybrid System. In Hybrid 3.0 Classes that are Currently, SAL automatically initiates there is any remainder that is not singly-listed, HAL automatically processes upon an auction process for any SAL-eligible executable and the order is a limit order, receipt, eligible limit orders that would improve the 5 and if the Hybrid Agency Liaison Exchange’s disseminated quotations except when order that is eligible for automatic the disseminated quotation is represented by a (‘‘HAL’’) is activated for the class manual quote in which case the order will 3 15 U.S.C. 78s(b)(3)(A)(iii). pursuant to Rule 6.14, that remainder automatically route to the electronic book instead 4 17 CFR 240.19b–4(f)(6). of being processed by HAL and the manual quote 5 With respect to SAL eligibility, the Exchange customer orders, non-Member Maker broker-dealer will be cancelled. designates the eligible order size, eligible order orders, and Market Maker broker-dealer orders), and 7 15 U.S.C. 78f(b). type, eligible order origin code (i.e., public classes in which SAL is activated. 8 15 U.S.C. 78f(b)(5).

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with the protection of investors and the public in accordance with the particular, C2 would be owned by its public interest, provided that the self- provisions of 5 U.S.C. 552, will be parent company, the Chicago Board regulatory organization has given the available for inspection and copying in Options Exchange, Incorporated Commission written notice of its intent the Commission’s Public Reference (‘‘CBOE’’), but would operate as a to file the proposed rule change at least Room, 100 F Street, NE., Washington, separate self-regulatory organization five business days prior to the date of DC 20549, on official business days under its own exchange license. The filing of the proposed rule change or between the hours of 10 a.m. and 3 p.m. incorporator of C2 would appoint C2’s such shorter time as designated by the Copies of such filing also will be initial Board of Directors, which would Commission, the proposed rule change available for inspection and copying at be comprised of the same individuals has become effective pursuant to the principal office of CBOE. All who are then serving as the board of Section 19(b)(3)(A) of the Act 9 and Rule comments received will be posted directors of CBOE. As specified in the 19b–4(f)(6) thereunder.10 At any time without change; the Commission does proposed Certificate of Incorporation, within 60 days of the filing of such not edit personal identifying shortly after trading commences, C2 proposed rule change, the Commission information from submissions. You would undertake a petition process by may summarily abrogate such rule should submit only information that which Trading Permit Holders could change if it appears to the Commission you wish to make available publicly. All elect Representative Directors to the that such action is necessary or submissions should refer to File Board. appropriate in the public interest, for Number SR–CBOE–2009–011 and Access to C2 would be available the protection of investors, or otherwise should be submitted on or before March through trading permits. All CBOE in furtherance of the purposes of the 24, 2009. members in good standing would be Act. eligible to receive a C2 trading permit For the Commission, by the Division of upon completion of a streamlined IV. Solicitation of Comments Trading and Markets, pursuant to delegated authority.11 application process, while non-CBOE members could apply for a C2 trading Interested persons are invited to Florence E. Harmon, submit written data, views, and permit in a manner similar to the Deputy Secretary. arguments concerning the foregoing, current process for firms applying for including whether the proposed rule [FR Doc. E9–4428 Filed 3–2–09; 8:45 am] membership on CBOE. change is consistent with the Act. BILLING CODE 8011–01–P C2 would operate an all-electronic Comments may be submitted by any of marketplace for the trading of listed the following methods: options and would not maintain a SECURITIES AND EXCHANGE physical trading floor. Liquidity on C2 Electronic Comments COMMISSION would be derived from orders to buy • Use the Commission’s Internet [Release No. 34–59441; File No. 10–191] and orders to sell submitted comment form (http://www.sec.gov/ electronically by trading permit holders rules/sro.shtml); or C2 Options Exchange, Incorporated; or their sponsored participants from • Send an e-mail to rule- Notice of Filing of Application for remote locations, as well as from market [email protected]. Please include File Registration as a National Securities makers, which would have certain Number SR–CBOE–2009–011 on the Exchange Under Section 6 of the affirmative and negative market making subject line. Securities Exchange Act of 1934 obligations. C2’s Form 1 is available at the Paper Comments February 24, 2009. Commission’s Public Reference Room • Send paper comments in triplicate On January 21, 2009, C2 Options and http://www.sec.gov. Interested to Elizabeth M. Murphy, Secretary, Exchange, Incorporated (‘‘C2’’) persons are invited to submit written Securities and Exchange Commission, submitted to the Securities and data, views, and arguments concerning 100 F Street, NE., Washington, DC Exchange Commission (‘‘Commission’’) C2’s Form 1, including whether C2’s 20549–1090. a Form 1 application under the application is consistent with the All submissions should refer to File Securities Exchange Act of 1934 Exchange Act. Among other things, the Number SR–CBOE–2009–011. This file (‘‘Exchange Act’’), seeking registration Commission requests comments on C2’s number should be included on the as a national securities exchange under proposed governance and Board subject line if e-mail is used. To help the Section 6 of the Exchange Act. The composition. Comments may be Commission process and review your Commission is publishing this notice to submitted by any of the following comments more efficiently, please use solicit comments on C2’s Form 1. The methods: only one method. The Commission will Commission will take these comments Electronic Comments post all comments on the Commission’s into consideration in making its Internet Web site (http://www.sec.gov/ determination about whether to grant • Use the Commission’s Internet rules/sro.shtml). Copies of the C2’s request to be registered as a comment form (http://www.sec.gov/ submission, all subsequent national securities exchange. The rules/other.shtml); or • amendments, all written statements Commission shall grant such Send an e-mail to rule- with respect to the proposed rule registration if it finds that the [email protected]. Please include File change that are filed with the requirements of the Exchange Act and Number 10–191 on the subject line. Commission, and all written the rules and regulations thereunder Paper Comments communications relating to the with respect to C2 are satisfied.1 • Send paper comments in triplicate proposed rule change between the C2’s Form 1 provides detailed to Elizabeth M. Murphy, Secretary, Commission and any person, other than information on its proposed structure Securities and Exchange Commission, those that may be withheld from the and how it proposes to satisfy the requirements of the Exchange Act. In Station Place, 100 F Street, NE., Washington, DC 20549–1090. 9 15 U.S.C. 78s(b)(3)(A). 10 17 CFR 240.19b–4(f)(6). The Commission notes 11 17 CFR 200.30–3(a)(12). All submissions should refer to File that CBOE has satisfied this 5-day requirement. 1 15 U.S.C. 78s(a). Number 10–191. This file number

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should be included on the subject line proposed rule change as described in required to deliver the securities on the if e-mail is used. To help the Items I and II below, which Items have third business day. Next day settlement Commission process and review your been prepared by the self-regulatory instructions require delivery of the comments more efficiently, please use organization. The Commission is securities on the first business day only one method. The Commission will publishing this notice to solicit following the transaction. Orders that post all comments on the Commission’s comments on the proposed rule change have settlement instructions of seller’s Internet Web site (http://www.sec.gov/ from interested persons. option affords the seller the right to rules/other.shtml). Copies of the deliver the security or bond at any time I. Self-Regulatory Organization’s submission, all subsequent within a specified period, ranging from Statement of the Terms of Substance of amendments, all written statements not less than two business days to not the Proposed Rule Change with respect to C2’s Form 1 filed with more than 180 days for stocks and not the Commission, and all written The Exchange proposes to eliminate less than two business days and no communications relating to the the ability to enter orders on the more than sixty days for U.S. application between the Commission Exchange with the settlement government securities. and any person, other than those that instructions of ‘‘cash’’, ‘‘next day’’ and Cash, next day and seller’s option may be withheld from the public in ‘‘seller’s option’’. settlement instructions are remnants of accordance with the provisions of 5 II. Self-Regulatory Organization’s a time when the Exchange functioned U.S.C. 552, will be available for Statement of the Purpose of, and completely as a manual auction market. inspection and copying in the Statutory Basis for, the Proposed Rule While each of these settlement Commission’s Public Reference Room, Change instructions may be included on order 100 F Street, NE., Washington, DC types that are submitted electronically 20549, on official business days In its filing with the Commission, the to the Exchange, orders containing any between the hours of 10 a.m. and 3 p.m. self-regulatory organization included of those settlement instructions cannot All comments received will be posted statements concerning the purpose of, be immediately and automatically without change; the Commission does and basis for, the proposed rule change executed but must bypass the Exchange not edit personal identifying and discussed any comments it received matching/execution engine, Display information from submissions. You on the proposed rule change. The text Book, and are literally printed on paper should submit only information that of those statements may be examined at at the trading post for manual you wish to make available publicly. All the places specified in Item IV below. processing on the Floor. submissions should refer to File The Exchange has prepared summaries, Number 10–191 and should be set forth in sections A, B, and C below, Proposed Elimination of Cash, Next submitted on or before April 17, 2009. of the most significant parts of such Day, Seller’s Option Settlement Instructions For the Commission, by the Division of statements. In the Exchange’s current more Trading and Markets, pursuant to delegated A. Self-Regulatory Organization’s authority.2 electronic market, orders received by Statement of the Purpose of, and Exchange systems that are marketable Florence E. Harmon, Statutory Basis for, the Proposed Rule upon entry are eligible to be Deputy Secretary. Change [FR Doc. E9–4426 Filed 3–2–09; 8:45 am] immediately and automatically BILLING CODE 8011–01–P 1. Purpose executed. Order types and settlement Through this filing the Exchange instructions that require manual seeks to amend several Exchange rules intervention pose significant SECURITIES AND EXCHANGE to remove references to certain impediments to the efficient functioning COMMISSION settlement instructions that are no of the Exchange’s market. To this end the Exchange filed with the Commission [Release No. 34–59446; File No. SR–NYSE– longer compatible with the Exchange’s 2009–17] more electronic market. These include to remove legacy orders that require instructions to settle on ‘‘cash’’, ‘‘next manual processing. Specifically, on Self-Regulatory Organizations; Notice day’’ or ‘‘seller’s option’’ basis. January 31, 2008, the Exchange filed of Filing and Immediate Effectiveness The Exchange notes that parallel with the Commission to amend NYSE of Proposed Rule Change by New York changes are proposed to be made to the Rule 13 to invalidate the use of the Stock Exchange LLC Eliminating the rules of the NYSE Alternext Exchange manual order types ‘‘Alternative Ability To Enter Orders on the (formerly the American Stock Order—Either/Or Order’’, ‘‘Orders Good Exchange With the Settlement Exchange).4 Until a Specified Time’’, ‘‘Scale Order’’ Instructions of ‘‘Cash’’, ‘‘Next Day’’ and ‘‘Switch Order—Contingent Order’’ and ‘‘Seller’s Option’’ Background and Rule 124’s order types ‘‘Limited Currently, in addition to regular way Order, With or Without Sale’’ and February 25, 2009. settlement (i.e., settlement on the third ‘‘Basis Price Order’’ as being 1 Pursuant to Section 19(b)(1) of the business day following trade date), a incompatible with the more electronic Securities Exchange Act of 1934 customer may submit an order with Exchange market environment.5 2 3 (‘‘Act’’) and Rule 19b–4 thereunder, settlement instructions for cash, next The Exchange’s commitment to notice is hereby given that on February day or seller’s option. An order with provide its market participants with the 18, 2009, New York Stock Exchange cash settlement instructions requires ability to have their orders executed in LLC (‘‘NYSE’’ or ‘‘Exchange’’) filed with delivery of the securities the same day the most efficient manner necessitates the Securities and Exchange as the transaction in contrast to a regular the elimination of cash, next day and Commission (‘‘Commission’’) the way transaction, where the seller is seller’s option as valid settlement instructions for orders submitted to the 2 17 CFR 200.30–3(a)(71)(i). 4 See SR–NYSE Alternext–2009–14 (to be filed 1 15 U.S.C. 78s(b)(1). February 18, 2009). The Commission notes that the 5 See Securities and Exchange Act Release No. 2 15 U.S.C. 78a. referenced filing was rejected because of a 57295 (February 8, 2008), 73 FR 8731 (February 14, 3 17 CFR 240.19b–4. deficiency in the proposed rule text. 2008) (SR–NYSE–2008–11).

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Exchange. These instructions result in of Orders), 124 (Odd-Lot Orders), 130 general, to protect investors and the these orders printing to paper at the (Overnight Comparison of Exchange public interest. The instant filing trading Post 6 when they are submitted Transactions), 137 (Written Contracts), accomplishes these goals by rescinding electronically in Exchange systems. The 137A (Samples of Written Contracts), legacy settlement instructions that place DMM and the trading assistant must 189 (Unit of Delivery), 235 (Ex- customers at risk of missing the market realize that the document printed was in Dividends, Ex-Rights), 236 (Ex- and possibly receiving inferior priced fact an order thus causing delay in the Warrants), 241 (Interest—Added to executions. Contract Price), 257 (Deliveries After execution of the order. The DMM is B. Self-Regulatory Organization’s ‘‘Ex’’ Date), 282 (Buy-In Procedures) and then responsible for the manual Statement on Burden on Competition execution of the order. The manual 440G (Transactions in Stocks and intervention required of the DMM and Warrants for the Accounts of Members, The Exchange does not believe that trading assistant at the Post in the Principal Executives and Member the proposed rule change will impose processing of these orders puts the Organizations). In addition, the any burden on competition that is not orders at the very real risk of ‘‘missing Exchange seeks to eliminate entirely necessary or appropriate in furtherance the market’’ as a result of the current Rules 73 (‘‘Seller’s Option’’), 177 of the purposes of the Act. speed of order execution in the (Delivery Time—‘‘Cash’’ Contracts) and C. Self-Regulatory Organization’s Exchange market. 179 (‘‘Seller’s Option’’). In addition, the Statement on Comments on the In addition, the inefficiency of these Exchange proposes to remove language Proposed Rule Change Received From order types is made obvious by the fact in Rules 64 and 66 that provide for the Members, Participants, or Others that they are infrequently used by possibility of using multiple settlement No written comments were solicited market participants. A review of the periods for bids and offers entered on or received with respect to the proposed different types of orders received by the the Exchange since, for all practical rule change. Exchange during the week of May 12, purposes, the Exchange will now only 2008 through May 16, 2008 shows that accept orders for regular way settlement. III. Date of Effectiveness of the there were on average 28 cash orders The Exchange also proposes to amend Proposed Rule Change and Timing for (with an average of 1,653 shares per Rule 66 to add the provision that exists Commission Action day), 48 next day orders (average of 763 in Rule 64 to allow the Exchange, in its discretion, to provide for additional Because the proposed rule change shares per day) and 2 seller’s option does not: (i) Significantly affect the orders (average of 2,839 shares per day) settlement periods. The Exchange is proposing this addition to bring the protection of investors or the public utilized by market participants each interest, (ii) impose any significant day. By comparison, for May 2008, the provisions of the two rules into harmony as they address similar burden on competition, and (iii) become Exchange received an average of 92.2 operative for 30 days after the date of procedures with respect to different million orders a day. Even during the the filing, or such shorter time as the types of securities admitted to dealings last five trading days of 2007, when the Commission may designate, if on the Exchange. The Exchange, most cash, next day and seller’s option consistent with the protection of however, recognizes that any additional orders are received, the average per day investors and the public interest, it has settlement periods it proposes to add submissions were 123 for cash (average become effective pursuant to Section will be subject to the rule filing process of 896 shares per day), 199 for next day 19(b)(3)(A) 11 of the Act and Rule 19b– (average of 1,848 shares per day) and 10 under Section 19(b) of the Securities 12 9 4(f)(6) thereunder. for seller’s option (average of 11,679 Exchange Act of 1934 (the ‘‘Act’’) [sic]. A proposed rule change filed under The Exchange will commence shares per day).7 Rule 19b–4(f)(6) normally does not The Exchange now seeks to eliminate implementation of the proposed become operative until 30 days after the cash, next day and seller’s option as elimination of the settlement date of filing.13 However, Rule 19b– valid settlement instructions for orders instructions discussed herein on March 4(f)(6)(iii) 14 permits the Commission to submitted to the NYSE. The Exchange 13, 2009. The Exchange intends to designate a shorter time if such action therefore proposes to delete the progressively implement this is consistent with the protection of references to those settlement elimination on a security by security investors and the public interest. The instructions from NYSE Rules 12 basis as it gains experience with the Exchange has requested that the (‘‘Business Day’’), 64 (Bonds, Rights and implementation until it is operative in Commission waive the 30-day operative 100-Share-Unit Stocks), 66 (U.S. all securities traded on the Floor. During delay so that the proposed rule change Government Securities),8 123 (Records the implementation, the Exchange will may become operative on March 13, identify on its Web site which securities 2009. Specifically, the Exchange states 6 Trading Posts are the horseshoe shaped counters will no longer be eligible for these that the proposal will rescind legacy manned by DMMS and trading assistants on the settlement instructions. settlement instructions that are not Trading Floor of the NYSE where individual stocks are bought and sold. 2. Statutory Basis compatible with the Exchange’s 7 electronic market. The Commission The Exchange notes that on December 30th and The basis under the Securities 31st of 2008 it executed an atypical amount of believes that allowing the proposed rule Exchange Act of 1934 (the ‘‘Act’’) [sic] shares for orders submitted with cash, next day and change to become operative on March for this proposed rule change is the seller’s option settlement instructions. Specifically, 13, 2009 is consistent with the on December 30, 2008, 126,504 shares were requirement under Section 6(b)(5) 10 executed on a cash settlement basis, 10,284,879 that an exchange have rules that are shares for next day settlement and 10,000,000 11 15 U.S.C. 78s(b)(3)(A). shares for seller’s option settlement. In addition, designed to promote just and equitable 12 17 CFR 240.19b–4(f)(6). there were 8,110,228 shares executed for cash principles of trade, to remove 13 17 CFR 240.19b–4(f)(6)(iii). settlement on December 31, 2008. The Exchange impediments to and perfect the 14 Id. In addition, Rule 19b–4(f)(6)(iii) requires a believes that this level of activity is reflective of the mechanism of a free and open market self-regulatory organization to give the Commission economic events of 2008 and is unrelated to usual and a national market system and, in written notice of its intent to file the proposed rule trading patterns for these settlement types. change at least five business days prior to the date 8 The Exchange does not have the capability to of filing of the proposed rule change, or such accept these order types for U.S. Government 9 15 U.S.C. 78s(b). shorter time as designated by the Commission. The securities. 10 15 U.S.C. 78f(b)(5). Exchange has satisfied this requirement.

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protection of investors and the public Commission and any person, other than attached as Exhibit 5.4 A copy of this interest, because it will enable the those that may be withheld from the filing is available on the Exchange’s Exchange to implement pending public in accordance with the Web site at http:www.nyse.com, at the technological enhancements that require provisions of 5 U.S.C. 552, will be Exchange’s principal office and at the the rescission of these settlement available for inspection and copying in Commission’s Public Reference Room. instructions. The Exchange expects the Commission’s Public Reference II. Self-Regulatory Organization’s these enhancements to make its order Room, 100 F Street, NE., Washington, Statement of the Purpose of, and processing operations more efficient and DC 20549, on official business days Statutory Basis for, the Proposed Rule thereby strengthen and advance the between the hours of 10 a.m. and 3 p.m. Change quality of the Exchange’s market. Copies of the filing also will be available Accordingly, the Commission for inspection and copying at the In its filing with the Commission, the designates the proposed rule change to principal office of the Exchange. All self-regulatory organization included be operative on March 13, 2009.15 comments received will be posted statements concerning the purpose of, At any time within 60 days of the without change; the Commission does and basis for, the proposed rule change filing of the proposed rule change, the not edit personal identifying and discussed any comments it received Commission may summarily abrogate information from submissions. You on the proposed rule change. The text such rule change if it appears to the should submit only information that of those statements may be examined at Commission that such action is you wish to make available publicly. All the places specified in Item IV below. necessary or appropriate in the public submissions should refer to File The Exchange has prepared summaries, interest, for the protection of investors, Number SR–NYSE–2009–17 and should set forth in sections A, B, and C below, or otherwise in furtherance of the be submitted on or before March 24, of the most significant parts of such purposes of the Act. 2009. statements. IV. Solicitation of Comments For the Commission, by the Division of A. Self-Regulatory Organization’s Trading and Markets, pursuant to delegated Statement of the Purpose of, and Interested persons are invited to authority.16 submit written data, views, and Statutory Basis for, the Proposed Rule Florence E. Harmon, arguments concerning the foregoing, Change Deputy Secretary. including whether the proposed rule 1. Purpose change is consistent with the Act. [FR Doc. E9–4427 Filed 3–2–09; 8:45 am] BILLING CODE 8011–01–P The purpose of the proposed rule Comments may be submitted by any of change is to revise the procedures for the following methods: reporting open outcry trades that occur Electronic Comments SECURITIES AND EXCHANGE on the options trading floor. All option transactions that occur on • Use the Commission’s Internet COMMISSION the options trading floor must be comment form (http://www.sec.gov/ [Release No. 34–59440; File No. SR– immediately reported to the Exchange, rules/sro.shtml); or NYSEArca–2009–11] • Send an e-mail to rule- in a form and manner prescribed by the [email protected]. Please include File Self-Regulatory Organizations; Notice Exchange, for dissemination to the Options Price Reporting Authority Number SR–NYSE–2009–17 on the of Filing of Proposed Rule Change by 5 subject line. NYSE Arca, Inc. Amending Rule 6.69— (‘‘OPRA’’). This requirement applies to Reporting Duties all OTP Holders who are required to Paper Comments report trades either directly to OPRA or • Send paper comments in triplicate February 24, 2009. to another party who is responsible for to Elizabeth M. Murphy, Secretary, Pursuant to Section 19(b)(1) 1 of the reporting trades to OPRA. Securities and Exchange Commission, Securities Exchange Act of 1934 (the All option transactions have two 100 F Street, NE., Washington, DC ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 parties to a trade, a buyer and a seller. 20549–1090. notice is hereby given that, on February Pursuant to Rule 6.69(b), the responsible All submissions should refer to File 13, 2009, NYSE Arca, Inc. (‘‘NYSE party for reporting a transaction is the Number SR–NYSE–2009–17. This file Arca’’ or the ‘‘Exchange’’) filed with the party that participates on the transaction number should be included on the Securities and Exchange Commission as the seller. The Exchange now subject line if e-mail is used. To help the (the ‘‘Commission’’) the proposed rule proposes to revise this rule so that Commission process and review your change as described in Items I, II, and whenever a Floor Broker is participating comments more efficiently, please use III below, which Items have been on one side of a transaction, they only one method. The Commission will prepared by the self-regulatory become the responsible party for post all comments on the Commission’s organization. The Commission is reporting the trade, regardless of Internet Web site (http://www.sec.gov/ publishing this notice to solicit whether they are the buyer or seller. The rules/sro.shtml). Copies of the comments on the proposed rule change Exchange is proposing this change in submission, all subsequent from interested persons. order to provide a more efficient amendments, all written statements mechanism for reporting transactions. I. Self-Regulatory Organization’s All orders on the Exchange are with respect to the proposed rule Statement of the Terms of Substance of required to be in an electronic format change that are filed with the the Proposed Rule Change prior to representation on the trading Commission, and all written The Exchange proposes to amend communications relating to the Exchange Rule 6.69—Reporting Duties. 4 The Commission notes that while provided in proposed rule change between the The text of the proposed rule change is Exhibit 5 to the filing, the text of the proposed rule change is not attached to this notice but is available 15 For purposes only of waiving the 30-day at the Exchange, the Commission’s Public Reference 16 operative delay of the proposal, the Commission 17 CFR 200.30–3(a)(12). Room, and at http://www.nyse.com. has considered the proposed rule’s impact on 1 15 U.S.C. 78s(b)(1). 5 For transactions executed on the Exchange’s efficiency, competition and capital formation. 15 2 15 U.S.C. 78a. electronic trading platform, NYSE Arca will report U.S.C. 78c(f). 3 17 CFR 240.19b–4. the trade directly to OPRA.

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floor. Typically, an order is sent via a transactions occurring on the Exchange necessary or appropriate in furtherance wire or phone line to a Floor Broker’s between two Market Makers, the Market of the purposes of the Act. booth located on the trading floor, and Maker participating as the seller must C. Self-Regulatory Organization’s a representative of the brokerage firm report the transaction to the Exchange. Statement on Comments on the will enter the terms of the order into the These reporting obligations are Proposed Rule Change Received From Electronic Order Capture System consistent with the terms of Rule 6.69, (‘‘EOC’’).6 It is at this time that the Floor as it reads presently. Members, Participants or Others Broker is able to represent the order in In order to offer further clarity to the No written comments were solicited the trading crowd. This procedure rules regarding reporting duties, the or received with respect to the proposed applies regardless of whether the Floor Exchange proposes a new provision rule change. regarding Complex Orders. A Complex Broker is the buyer or seller on the III. Date of Effectiveness of the Order is any order involving the trade. Upon execution of the order, the Proposed Rule Change and Timing for Broker is able to complete the requisite simultaneous purchase and/or sale of Commission Action trade information, including the contra two or more different option series in side of the trade, and electronically the same underlying security, for the Within 35 days of the date of report the transaction to the Exchange same account. Since each party to the publication of this notice in the Federal for processing and dissemination to transaction could be both buying and Register or within such longer period (i) OPRA. In most cases, the contra-side to selling different series that make up as the Commission may designate up to a trade that has been represented by a order, there may be no clearly defined 90 days of such date if it finds such Floor Broker will be an NYSE Arca seller. The Exchange now proposes that longer period to be appropriate and Market Maker. Market Makers trade for for Complex Order transactions between publishes its reasons for so finding or their own proprietary accounts, are not two Floor Brokers or two Market (ii) as to which the self-regulatory required to electronically systemize Makers, the party responsible for organization consents, the Commission their orders prior to responding to a call reporting the transaction shall be the will: from a Floor Broker. Once a trade is OTP Holder that first initiated the (A) By order approve the proposed consummated, in order for a Market transaction. This provision does not rule change, or Maker acting as a seller, to report the affect the obligation that a Floor Broker (B) Institute proceedings to determine transaction, he has to re-enter all the has to report transactions pursuant to whether the proposed rule change order information that the Floor Broker proposed Rule 6.69(b)(i), but will have should be disapproved. already has in their EOC system and bearing when a Complex Order is IV. Solicitation of Comments then send the information to the executed between two Floor Brokers or Exchange for processing. In the event between two Market Makers. Interested persons are invited to there are multiple Market Makers acting The Exchange also proposes to submit written data, views, and as seller and comprising the contra-side eliminate Rule 6.69 Commentary .04 arguments concerning the foregoing, to a transaction, each Market Maker which relates to an obsolete and outdate including whether the proposed rule would have to re-enter all the trade practice. ‘‘Hard cards’’, which refer to change is consistent with the Act. information individually. The Exchange the cardboard backing of a paper trade Comments may be submitted by any of believes that requiring a Market Maker ticket, are no longer in use on the the following methods: to report a transaction, when trading trading floor. Electronic Comments with a Floor Broker, is a practice that • may serve to delay the reporting of 2. Statutory Basis Use the Commission’s Internet transactions that occur on the options The Exchange believes that the comment form (http://www.sec.gov/ rules/sro.shtml); or floor. proposed rule change is consistent with • The Exchange does not feel that Section 6(b) of the Act 8 in general, and Send an e-mail to rule- requiring a Floor Broker to report every furthers the objectives of Section 6(b)(5) [email protected]. Please include File transaction that they are a party to will of the Act 9 in particular, because it is Number SR–NYSEArca–2009–11 on the create any undue hardship or designed to prevent fraudulent and subject line. unnecessary burden of the Floor Broker. manipulative acts and practices, to Paper Comments In the vast majority of situations, the promote just and equitable principles of • Send paper comments in triplicate Floor Broker already possesses the order trade, to foster cooperation and to Elizabeth M. Murphy, Secretary, information in an electronic format,7 it coordination with persons engaged in Securities and Exchange Commission, is actually more efficient for the Floor facilitating transactions in securities, 100 F Street, NE., Washington, DC Broker to send the trade information and to remove impediments to and 20549–1090. directly to the Exchange after executing perfect the mechanism of a free and the order, than it is to re-enter the same open market and a national market All submissions should refer to File information and have the Market Maker system. The Exchange believes that the Number SR–NYSEArca–2009–11. This report the trade. proposed rule change can lead to faster file number should be included on the In the event that there is a Floor and more efficient reporting of subject line if e-mail is used. To help the Broker participating on both sides of a transactions that occur on the options Commission process and review your transaction, the Floor Broker trading floor. comments more efficiently, please use participating as the seller must report only one method. The Commission will the transaction to the Exchange. For B. Self-Regulatory Organization’s post all comments on the Commission’s Statement on Burden on Competition Internet Web site (http://www.sec.gov/ 6 The EOC system is the Exchange’s electronic The Exchange does not believe that rules/sro.shtml). Copies of the audit trail and order tracking system that provides the proposed rule change will impose submission, all subsequent an accurate time-sequenced record of all orders and amendments, all written statements transactions on the Exchange. any burden on competition that is not 7 Certain order types, such as FLEX Orders and with respect to the proposed rule Cabinet Orders are exempt from the EOC electronic 8 15 U.S.C. 78f(b). change that are filed with the order format requirements. 9 15 U.S.C. 78f(b)(5). Commission, and all written

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communications relating to the organizations in the Commonwealth of evaluate potential environmental proposed rule change between the Kentucky, dated 02/05/2009, is hereby impacts resulting from the proposed Commission and any person, other than amended to establish the incident changes in the Section 4(f) mitigation those that may be withheld from the period for this disaster as beginning measures for the Millcreek Golf Course public in accordance with the 01/26/2009 and continuing through and Learning Center. provisions of 5 U.S.C. 552, will be 02/13/2009. Copies of the FONSI/ROD and related available for inspection and copying in All other information in the original documents are available for review by the Commission’s Public Reference declaration remains unchanged. appointment only at the following Room on official business days between (Catalog of Federal Domestic Assistance locations. the hours of 10 a.m. and 3 p.m. Copies Numbers 59002 and 59008) Please call to make arrangements for of such filing also will be available for viewing: inspection and copying at the principal Herbert L. Mitchell, Federal Aviation Administration office of the Exchange. All comments Associate Administrator for Disaster Harrisburg Airports District Office, received will be posted without change; Assistance. 3905 Hartzdale Drive, Suite 508, the Commission does not edit personal [FR Doc. E9–4440 Filed 3–2–09; 8:45 am] Camp Hill, PA 17011, (717) 730–2830 identifying information from BILLING CODE 8025–01–P and submissions. You should submit only Erie Regional Airport Authority, 4411 information that you wish to make W. 12th Street, Erie, PA 16505–3091, available publicly. All submissions DEPARTMENT OF TRANSPORTATION (814) 833–4258. should refer to File Number SR– Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: NYSEArca–2009–11 and should be Edward S. Gabsewics, CEP, submitted on or before March 24, 2009. Notice of Availability of Finding of No Environmental Protection Specialist, For the Commission, by the Division of Significant Impact/Record of Decision Federal Aviation Administration, Trading and Markets, pursuant to delegated (FONSI/ROD), Written Reevaluation Harrisburg Airports District Office, 3905 10 authority. With Respect to New Information Hartzdale Drive, Suite 508, Camp Hill, Florence E. Harmon, Concerning Section 4(f) Mitigation PA 17011, Telephone 717–730–2832. Deputy Secretary. Measures, and Supplemental Issued in Camp Hill, Pennsylvania, [FR Doc. E9–4378 Filed 3–2–09; 8:45 am] Department of Transportation Act February 4, 2009. BILLING CODE 8011–01–P Section 4(f) Determination for the Lori K. Pagnanelli, Runway 6–24 Extension Project, Erie Manager, Harrisburg Airports District Office. International Airport, Erie, PA [FR Doc. E9–4366 Filed 3–2–09; 8:45 am] SMALL BUSINESS ADMINISTRATION AGENCY: Federal Aviation BILLING CODE 4910–13–M [Disaster Declaration #11643 and #11644] Administration, DOT. ACTION: Notice. Kentucky Disaster Number KY–00019 DEPARTMENT OF TRANSPORTATION SUMMARY: The Federal Aviation AGENCY: Small Business Administration. Administration (FAA) is issuing this Federal Aviation Administration ACTION: Amendment 1. notice to advise the public that it is Notice of Opportunity for Public making available a FONSI/ROD, a SUMMARY: This is an amendment of the Comment on Surplus Property Release Written Reevaluation of New Presidential declaration of a major at Gulfport Biloxi International Airport, Information Concerning Section 4(f) disaster for Public Assistance Only for Gulfport, MS the Commonwealth of Kentucky Mitigation Measures, and a (FEMA–1818–DR), dated 02/05/2009. Supplemental Section 4(f) AGENCY: Federal Aviation Incident: Severe Winter Storm and Determination, effective February 4, Administration (FAA), DOT. Flooding. 2009, for the proposed extension of ACTION: Notice of intent to rule on land Incident Period: 01/26/2009 through Runway 6–24 at Erie International release request. 02/13/2009. Airport (ERI), Tom Ridge Field, Erie, Effective Date: 02/13/2009. Pennsylvania. SUMMARY: Under the provisions of Title Physical Loan Application Deadline SUPPLEMENTARY INFORMATION: The FAA 49, U.S.C. 47153(c), notice is being Date: 04/06/2009. has completed and issued its Finding of given that the FAA is considering a Economic Injury (EIDL) Loan No Significant Impact/Record of request from the Gulfport Biloxi Application Deadline Date: 11/05/2009. Decision (FONSI/ROD) for the Regional Airport Authority (GBRAA) to ADDRESSES: Submit completed loan Reevaluation of the Environmental waive the requirement that a 0.84-acre applications to: U.S. Small Business Assessment (EA) for the Proposed parcel of surplus property, located at the Administration, Processing and Extension of Runway 6–24 at Erie Gulfport Biloxi International Airport, be Disbursement Center, 14925 Kingsport International Airport, Tom Ridge Field, used for aeronautical purposes. Road, Fort Worth, TX 76155. Erie, Pennsylvania dated October 2005 DATES: Comments must be received on FOR FURTHER INFORMATION CONTACT: A. and the Erie International Airport, Tom or before April 2, 2009. Escobar, Office of Disaster Assistance, Ridge Field, Section 4(f) Report dated ADDRESSES: Comments on this notice U.S. Small Business Administration, July 2005. The Written Reevaluation may be mailed or delivered in triplicate 409 3rd Street, SW., Suite 6050, was required as a result of new to the FAA at the following address: Washington, DC 20416. information concerning the Section 4(f) Jackson Airports District Office, 100 SUPPLEMENTARY INFORMATION: The notice mitigation measures for the project West Cross Street, Suite B, Jackson, MS of the President’s major disaster impacts to the Millcreek Golf Course 39208–2307. declaration for Private Non-Profit and Learning Center in Millcreek In addition, one copy of any Township. The purpose of the FONSI/ comments submitted to the FAA must 10 17 CFR 200.30–3(a)(12). ROD and Written Reevaluation was to be mailed or delivered to Mr. Bruce

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Frallic, Airport Executive Director at the Or DEPARTMENT OF TRANSPORTATION following address: Gulfport-Biloxi Alan E. Taylor, Regional Director, Federal Motor Carrier Safety Regional Airport Authority, 14035–L NYSDOT Region 5; 100 Seneca Street, Administration Airport Road, Gulfport, MS 39503. Buffalo NY 14203, Telephone: 716–847– FOR FURTHER INFORMATION CONTACT: 3238. [Docket No. FMCSA–2008–0204] William Schuller, Program Manager, Or Jackson Airports District Office, 100 Notice of Delay in Processing the West Cross Street, Suite B, Jackson, MS George P. Spanos, P.E., Director, Applications by American Trucking 39208–2307, (601) 664–9883. The land CCDPF, 454 North Work Street, Associations, Inc. and the release request may be reviewed in Falconer, New York 14733, Telephone: Massachusetts Department of person at this same location. (716) 661–8400. Highways for a Preemption SUPPLEMENTARY INFORMATION: The FAA Determination Concerning the City of SUPPLEMENTARY INFORMATION: The is reviewing a request by the Gulfport Boston’s Hazardous Materials Routing FHWA, in cooperation with the New Biloxi Regional Airport Authority to Restrictions release 0.84 acres of surplus property at York State Department of the Gulfport-Biloxi International Transportation (NYSDOT), and AGENCY: Federal Motor Carrier Safety Airport. The property will be purchased Chautauqua County Department of Administration (FMCSA), DOT. by the City of Gulfport, which is a Public Facilities (CCDPF) will not ACTION: Notice. municipality. The property fronts prepare an EIS as previously intended Airport Boulevard and will be used for on a proposal to progress the SUMMARY: In accordance with statutory widening an intersection on Airport construction of the Millennium Parkway requirements, FMCSA is publishing a Boulevard. The net proceeds from the in Chautauqua County, New York. The notice of delay in processing the sale of this property will be used for purpose of the Millennium Parkway American Trucking Associations, Inc.’s airport purposes. Project is to improve tractor-trailer truck (ATA) and the Massachusetts Any person may inspect the request traffic access to the industrial corridor, Department of Highways’ applications in person at the FAA office listed above including the Chadwick Bay Industrial for a preemption determination concerning the City of Boston’s under FOR FURTHER INFORMATION Park, from New York (NY) Route 60 restrictions regarding highway routing CONTACT. In addition, any person may, (Bennett Road). Based upon further upon request, inspect the request, notice of certain hazardous materials. FMCSA review of the project and related is conducting fact-finding and legal and other documents germane to the impacts it was determined that the request in person at the office of the analysis in response to the consolidated scope of the project would be reduced requests, and is delaying issuance of its Gulfport-Biloxi Regional Airport to use an alignment that would be Authority. determination in order to allow time for comprised of a combination of appropriate consideration of the issues Issued in Jackson, Mississippi, on February reconstruction of the existing portion of 23, 2009. raised by the applications. Talcott Street between NY Route 60 and FOR FURTHER INFORMATION CONTACT: Rans D. Black, CR 81, and the construction of a Manager, Jackson Airports District Office, James Simmons, Chief, Hazardous roadway on a new alignment, Materials Division (MC–ECH), (202) Southern Region. approximately 1000 meters through a [FR Doc. E9–4345 Filed 3–2–09; 8:45 am] 493–0496; Federal Motor Carrier Safety previously disturbed, vacant area Administration, 1200 New Jersey BILLING CODE 4910–13–P between CR 81 and CR 82. The Avenue, SE., Washington, DC 20590, or improvements being considered will not at [email protected]. DEPARTMENT OF TRANSPORTATION have a significant impact on the SUPPLEMENTARY INFORMATION: ATA and environment. In light of the minimal the Massachusetts Department of Federal Highway Administration environmental impacts a Categorical Highways applied for an administrative Exclusion with Documentation is being determination concerning whether Environmental Impact Statement: prepared to progress the project. Federal hazardous material Chautauqua County, NY (Catalog of Federal Domestic Assistance transportation law, 49 U.S.C. 5101 et AGENCY: Federal Highway Program Number 20.205, Highway Planning seq., and FMCSA regulations, 49 CFR Administration (FHWA), DOT. and Construction. The regulations part 397, preempt certain hazardous ACTION: Revised notice of intent. implementing Executive Order 12372 material routing requirements that have regarding intergovernmental consultation on been established or modified by the City SUMMARY: The FHWA is issuing this Federal programs and activities apply to this of Boston. FMCSA published notice of revised notice to advise the public that program.) ATA’s application in the Federal FHWA will not be preparing an Register on August 8, 2008. 73 FR Authority: 23 U.S.C. 315; 23 CFR 771.123. Environmental Impact Statement (EIS) 46349. FMCSA published notice of for the proposed Millennium Parkway Issued on: February 24, 2009. Massachusetts Department of Highways’ project in Chautauqua County, New Jeffrey W. Kolb, application in the Federal Register on York. A Notice of Intent to prepare an Division Administrator, Federal Highway September 2, 2008 (73 FR 51335), at EIS was published in the Federal Administration, Albany, New York. which time both applications were Register on December 27, 2007. [FR Doc. E9–4431 Filed 3–2–09; 8:45 am] consolidated into one docket. FOR FURTHER INFORMATION CONTACT: Title 49 U.S.C. 5125(d) requires BILLING CODE 4910–22–P Jeffrey W. Kolb, Division Administrator, FMCSA to issue a decision on the Federal Highway Administration, New preemption applications ‘‘within 180 York Division, Leo W. O’Brien Federal days after the date of the publication of Building, 9th Floor, Clinton Avenue and the notice of having received such North Pearl Street, Albany, New York application, or the Secretary shall 12207, Telephone: (518) 431–4127. publish a statement in the Federal

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Register of the reason why the I. Background New Jersey Avenue, SE., West Building, Secretary’s decision on the application Section 4144 of the Safe, Accountable, Room W12–140, Washington, DC 20590. • Hand Delivery: U.S. Department of is delayed, along with an estimate of the Flexible, Efficient Transportation Equity Transportation, 1200 New Jersey additional time necessary before the Act: A Legacy for Users (SAFETEA–LU, Avenue, SE., Room W12–140, decision is made.’’ Pub. L. 109–59) required the Secretary Washington, DC, between 9 a.m. and The ATA and Massachusetts of the U.S. Department of 5 p.m., Monday through Friday, except Department of Highways’ applications Transportation to establish in FMCSA, a Federal holidays. for a preemption determination are still Motor Carrier Safety Advisory under consideration by FMCSA. The Committee. The advisory committee Issued on: February 25, 2009. Agency currently is conducting fact- provides advice and recommendations Larry W. Minor, finding and legal analysis in response to to the FMCSA Administrator on motor Associate Administrator for Policy and the applications. Because of this carrier safety programs and motor Program Development. additional fact-finding and legal carrier safety regulations. The advisory [FR Doc. E9–4456 Filed 3–2–09; 8:45 am] analysis, it is impracticable to issue a committee operates in accordance with BILLING CODE 4910–EX–P decision within the 180-day timeframe. the Federal Advisory Committee Act In order to allow time for full (5 U.S.C. App 2). The Committee is consideration of the issues raised by the comprised of 15 members appointed by DEPARTMENT OF TRANSPORTATION applications, FMCSA delays issuance of the Administrator. Two new members, Federal Motor Carrier Safety its determination, and estimates a Scott G. Hernandez, Lieutenant Colonel Administration decision will be published in with the Colorado State Patrol, and approximately 120 days. Robert Powell, State Trooper with the [Docket No. FMCSA–1998–4334; FMCSA– Issued on: February 25, 2009. Virginia State Police, were appointed by 2000–7006; FMCSA–2000–7918; FMCSA– Rose A. McMurray, the Administrator on January 19, 2009. 2000–8398; FMCSA–2002–13411; FMCSA– 2005–20027] Acting Deputy Administrator. II. Meeting Participation [FR Doc. E9–4453 Filed 3–2–09; 8:45 am] Qualification of Drivers; Exemption The meeting is open to the public and BILLING CODE 4910–EX–P Applications; Vision FMCSA invites participation by all interested parties, including motor AGENCY: Federal Motor Carrier Safety DEPARTMENT OF TRANSPORTATION carriers, drivers, and representatives of Administration (FMCSA), DOT. motor carrier associations. Please note ACTION: Notice of renewal of Federal Motor Carrier Safety that attendees will need to be pre- exemptions; request for comments. Administration cleared in advance of the meeting in order to expedite entry into the SUMMARY: FMCSA announces its decision to renew the exemptions from [Docket No. FMCSA–2006–26367] building. By March 16, 2009, please e-mail [email protected] if you plan to the vision requirement in the Federal Motor Carrier Safety Advisory attend the meeting, to facilitate the pre- Motor Carrier Safety Regulations for 11 Committee Public Meeting clearance security process. For individuals. FMCSA has statutory information on facilities or services for authority to exempt individuals from AGENCY: Federal Motor Carrier Safety individuals with disabilities or to the vision requirement if the Administration (FMCSA), DOT. request special assistance at the exemptions granted will not ACTION: Notice of Motor Carrier Safety meeting, please e-mail [email protected] compromise safety. The Agency has Advisory Committee Meeting. by March 16, 2009. concluded that granting these As a general matter, the Committee exemption renewals will provide a level SUMMARY: FMCSA announces that the will allocate one hour for public of safety that is equivalent to, or greater Motor Carrier Safety Advisory comments on March 18, 2009, from 3 than, the level of safety maintained Committee (MCSAC) will hold a p.m. to 4 p.m. Individuals wishing to without the exemptions for these committee meeting. The meeting is open address the committee should send an commercial motor vehicle (CMV) to the public. e-mail to [email protected] by March 16, drivers. DATES: The meeting will be held from 2009. The time available will be divided DATES: This decision is effective April 5, 1 p.m. to 4 p.m. on March 18, 2009. among those who have signed up to 2009. Comments must be received on or Written comments must be received by address the committee, but no one will before April 2, 2009. noon on March 18, 2009. be allotted more than 15 minutes. For a ADDRESSES: You may submit comments copy of the agenda, please send an ADDRESSES: The meeting will be held at bearing the Federal Docket Management the U.S. Department of Transportation, e-mail to [email protected]. System (FDMS) Docket ID FMCSA– Individuals with a desire to present Media Center, West Building, Ground 1998–4334; FMCSA–2000–7006; written materials to the committee Floor, 1200 New Jersey Avenue, SE., FMCSA–2000–7918; FMCSA–2000– should submit written comments Washington, DC 20590. 8398; FMCSA–2002–13411; FMCSA– identified by Federal Docket 2005–20027, using any of the following FOR FURTHER INFORMATION CONTACT: Mr. Management System (FDMC) Docket methods. Jeffrey K. Miller, Chief, Strategic Number FMCSA–2006–26367 using any • Federal eRulemaking Portal: Go to Planning and Program Evaluation of the following methods: http://www.regulations.gov. Follow the Division, Office of Policy Plans and • Federal eRulemaking Portal: Go to on-line instructions for submitting Regulation, Federal Motor Carrier Safety http://www.regulations.gov. Follow the comments. Administration, U.S. Department of online instructions for submitting • Mail: Docket Management Facility; Transportation, 1200 New Jersey comments. U.S. Department of Transportation, 1200 Avenue, SE., Washington, DC 20590, • Fax: 202–493–2251. New Jersey Avenue, SE., West Building (202) 366–5370, [email protected]. • Mail: Docket Management Facility; Ground Floor, Room W12–140, SUPPLEMENTARY INFORMATION: U.S. Department of Transportation, 1200 Washington, DC 20590–0001.

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• Hand Delivery or Courier: West (including renewals) are set out in 49 13360; 70 FR 12265; 67 FR 76439; 68 FR Building Ground Floor, Room W12–140, CFR part 381. 10298; 70 FR 7545; 70 FR 2701; 70 FR 1200 New Jersey Avenue, SE., 16887). Each of these 11 applicants has Exemption Decision Washington, DC, between 9 a.m. and 5 requested renewal of the exemption and p.m., Monday through Friday, except This notice addresses 11 individuals has submitted evidence showing that Federal holidays. who have requested a renewal of their the vision in the better eye continues to • Fax: 1–202–493–2251. exemption in accordance with FMCSA meet the standard specified at 49 CFR Each submission must include the procedures. FMCSA has evaluated these 391.41(b)(10) and that the vision Agency name and the docket number for 11 applications for renewal on their impairment is stable. In addition, a this Notice. Note that DOT posts all merits and decided to extend each review of each record of safety while comments received without change to exemption for a renewable two-year driving with the respective vision http://www.regulations.gov, including period. They are: Richard D. Carlson, deficiencies over the past two years any personal information included in a David J. Collier, Robert P. Conrad, Sr., indicates each applicant continues to comment. Please see the Privacy Act Donald P. Dodson, Jr., Stephanie D. meet the vision exemption standards. heading below. Klang, Mark J. Koscinski, Dexter L. These factors provide an adequate basis Docket: For access to the docket to Myhre, Henry C. Patton, George D. for predicting each driver’s ability to read background documents or Schell, James A. Stoudt, Ralph A. continue to drive safely in interstate comments, go to http:// Thompson. commerce. Therefore, FMCSA www.regulations.gov at any time or These exemptions are extended concludes that extending the exemption Room W12–140 on the ground level of subject to the following conditions: (1) for each renewal applicant for a period the West Building, 1200 New Jersey That each individual have a physical of two years is likely to achieve a level Avenue, SE., Washington, DC, between examination every year (a) by an of safety equal to that existing without 9 a.m. and 5 p.m., Monday through ophthalmologist or optometrist who the exemption. attests that the vision in the better eye Friday, except Federal holidays. The Request for Comments FDMS is available 24 hours each day, continues to meet the standard in 49 365 days each year. If you want CFR 391.41(b)(10), and (b) by a medical FMCSA will review comments acknowledgment that we received your examiner who attests that the individual received at any time concerning a comments, please include a self- is otherwise physically qualified under particular driver’s safety record and 49 CFR 391.41; (2) that each individual addressed, stamped envelope or determine if the continuation of the provide a copy of the ophthalmologist’s postcard or print the acknowledgement exemption is consistent with the or optometrist’s report to the medical page that appears after submitting requirements at 49 U.S.C. 31136(e) and examiner at the time of the annual comments on-line. 31315. However, FMCSA requests that medical examination; and (3) that each Privacy Act: Anyone may search the interested parties with specific data individual provide a copy of the annual electronic form of all comments concerning the safety records of these medical certification to the employer for received into any of our dockets by the drivers submit comments by April 2, retention in the driver’s qualification 2009. name of the individual submitting the file and retain a copy of the certification FMCSA believes that the comment (or of the person signing the on his/her person while driving for requirements for a renewal of an comment, if submitted on behalf of an presentation to a duly authorized exemption under 49 U.S.C. 31136(e) and association, business, labor union, etc.). Federal, State, or local enforcement 31315 can be satisfied by initially You may review the DOT’s complete official. Each exemption will be valid granting the renewal and then Privacy Act Statement in the Federal for two years unless rescinded earlier by requesting and evaluating, if needed, Register published on April 11, 2000 FMCSA. The exemption will be subsequent comments submitted by (65 FR 19476). This information is also rescinded if: (1) The person fails to interested parties. As indicated above, available at http://DocketInfo.dot.gov. comply with the terms and conditions the Agency previously published FOR FURTHER INFORMATION CONTACT: Dr. of the exemption; (2) the exemption has notices of final disposition announcing Mary D. Gunnels, Director, Medical resulted in a lower level of safety than its decision to exempt these 11 Programs, (202) 366–4001, was maintained before it was granted; or individuals from the vision requirement [email protected], FMCSA, (3) continuation of the exemption would in 49 CFR 391.41(b)(10). The final Department of Transportation, 1200 not be consistent with the goals and decision to grant an exemption to each New Jersey Avenue, SE., Room W64– objectives of 49 U.S.C. 31136(e) and of these individuals was based on the 224, Washington, DC 20590–0001. 31315. merits of each case and only after Office hours are from 8:30 a.m. to 5 p.m. careful consideration of the comments Monday through Friday, except Federal Basis for Renewing Exemptions received to its notices of applications. holidays. Under 49 U.S.C. 31315(b)(1), an The notices of applications stated in SUPPLEMENTARY INFORMATION: exemption may be granted for no longer detail the qualifications, experience, than two years from its approval date and medical condition of each applicant Background and may be renewed upon application for an exemption from the vision Under 49 U.S.C. 31136(e) and 31315, for additional two year periods. In requirements. That information is FMCSA may renew an exemption from accordance with 49 U.S.C. 31136(e) and available by consulting the above cited the vision requirements in 49 CFR 31315, each of the 11 applicants has Federal Register publications. 391.41(b)(10), which applies to drivers satisfied the entry conditions for Interested parties or organizations of CMVs in interstate commerce, for a obtaining an exemption from the vision possessing information that would two-year period if it finds ‘‘such requirements (63 FR 66226; 64 FR otherwise show that any, or all of these exemption would likely achieve a level 16517; 66 FR 17994; 68 FR 15037; 70 FR drivers, are not currently achieving the of safety that is equivalent to, or greater 14747; 72 FR 12665; 65 FR 20245; 65 FR statutory level of safety should than, the level that would be achieved 57230; 67 FR 57266; 69 FR 52741; 65 FR immediately notify FMCSA. The absent such exemption.’’ The 66286; 66 FR 13825; 68 FR 10300; 70 FR Agency will evaluate any adverse procedures for requesting an exemption 14747; 65 FR 78256; 66 FR 16311; 68 FR evidence submitted and, if safety is

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being compromised or if continuation of year period if it finds ‘‘such exemption (ICRs) for clearance by the Office of the exemption would not be consistent would likely achieve a level of safety Management and Budget (OMB), FRA is with the goals and objectives of 49 that is equivalent to, or greater than, the soliciting public comment on specific U.S.C. 31136(e) and 31315, FMCSA will level that would be achieved absent aspects of the activities identified take immediate steps to revoke the such exemption.’’ The statute also below. exemption of a driver. allows the Agency to renew exemptions DATES: Comments must be received no Issued on: February 25, 2009. at the end of the 2-year period. The later than May 4, 2009. Larry W. Minor, comment period ended on February 9, ADDRESSES: Submit written comments Associate Administrator for Policy and 2009. on any or all of the following proposed Program Development. Discussion of Comments activities by mail to either: Mr. Robert [FR Doc. E9–4448 Filed 3–2–09; 8:45 am] FMCSA received no comments in this Brogan, Office of Safety, Planning and BILLING CODE 4910–EX–P proceeding. Evaluation Division, RRS–21, Federal Railroad Administration, 1200 New Conclusion Jersey Ave., SE., Mail Stop 17, DEPARTMENT OF TRANSPORTATION The Agency has not received any Washington, DC 20590, or Ms. Nakia adverse evidence on any of these drivers Jackson, Office of Information Federal Motor Carrier Safety Technology, RAD–20, Federal Railroad Administration that indicates that safety is being compromised. Based upon its Administration, 1200 New Jersey Ave., [Docket No. FMCSA–1998–3637; FMCSA– evaluation of the 9 renewal SE., Mail Stop 35, Washington, DC 2000–8203; FMCSA–2002–12844; FMCSA– applications, FMCSA renews the 20590. Commenters requesting FRA to 2004–17984; FMCSA–2006–24015; FMCSA– Federal vision exemptions for Jose C. acknowledge receipt of their respective 2006–26066] Azuara, Thomas J. Boss, Fabian L. comments must include a self-addressed Burnett, Timothy A. DeFrange, Scott D. stamped postcard stating, ‘‘Comments Qualification of Drivers; Exemption on OMB control number lll.’’ Renewals; Vision Goalder, Casey R. Johnson, Robert J. Johnson, Myriam Rodriguez, and James Alternatively, comments may be AGENCY: Federal Motor Carrier Safety E. Savage. transmitted via facsimile to (202) 493– Administration (FMCSA), DOT. In accordance with 49 U.S.C. 31136(e) 6216 or (202) 493–6497, or via e-mail to ACTION: Notice of final disposition. and 31315, each renewal exemption will Mr. Brogan at [email protected], or be valid for 2 years unless revoked to Ms. Jackson at SUMMARY: FMCSA previously earlier by FMCSA. The exemption will [email protected]. Please refer to announced its decision to renew the be revoked if: (1) The person fails to the assigned OMB control number in exemptions from the vision requirement comply with the terms and conditions any correspondence submitted. FRA in the Federal Motor Carrier Safety of the exemption; (2) the exemption has will summarize comments received in Regulations for 9 individuals. FMCSA resulted in a lower level of safety than response to this notice in a subsequent has statutory authority to exempt was maintained before it was granted; or notice and include them in its individuals from the vision requirement (3) continuation of the exemption would information collection submission to if the exemptions granted will not not be consistent with the goals and OMB for approval. compromise safety. The Agency has objectives of 49 U.S.C. 31136 and 31315. FOR FURTHER INFORMATION CONTACT: Mr. reviewed the comments submitted in Robert Brogan, Office of Planning and response to the previous announcement Issued on: February 24, 2009. Evaluation Division, RRS–21, Federal and concluded that granting these Larry W. Minor, Railroad Administration, 1200 New exemptions will provide a level of safety Associate Administrator for Policy and Jersey Ave., SE., Mail Stop 17, that will be equivalent to, or greater Program Development. Washington, DC 20590 (telephone: (202) than, the level of safety maintained [FR Doc. E9–4451 Filed 3–2–09; 8:45 am] 493–6292) or Ms. Nakia Jackson, Office without the exemptions for these BILLING CODE 4910–EX–P of Information Technology, RAD–20, commercial motor vehicle (CMV) Federal Railroad Administration, 1200 drivers. New Jersey Ave., SE., Mail Stop 35, DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Dr. Washington, DC 20590 (telephone: (202) 493–6073). (These telephone numbers Mary D. Gunnels, Director, Medical Federal Railroad Administration Programs, (202) 366–4001, are not toll-free.) [email protected], FMCSA, [Docket No. FRA 2009–0001–N–5] SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 Department of Transportation, 400 Proposed Agency Information Seventh Street, SW., Room 8301, (PRA), Public Law 104–13, 2, 109 Stat. Collection Activities; Comment 163 (1995) (codified as revised at 44 Washington, DC 20590–0001. Office Request hours are from 8:30 a.m. to 5 p.m., U.S.C. 3501–3520), and its Monday through Friday, except Federal AGENCY: Federal Railroad implementing regulations, 5 CFR Part holidays. Administration, DOT. 1320, require Federal agencies to SUPPLEMENTARY INFORMATION: ACTION: Notice. provide 60 days notice to the public for comment on information collection Electronic Access SUMMARY: In accordance with the activities before seeking approval for You may see all the comments online Paperwork Reduction Act of 1995 and reinstatement or renewal by OMB. 44 through the Federal Document its implementing regulations, the U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), Management System (FDMS) at http:// Federal Railroad Administration (FRA) 1320.10(e)(1), 1320.12(a). Specifically, www.regulations.gov. hereby announces that it is seeking FRA invites interested respondents to renewal of the following currently comment on the following summary of Background approved information collection proposed information collection Under 49 U.S.C. 31136(e) and 31315, activities. Before submitting these activities regarding (i) whether the FMCSA may grant an exemption for a 2- information collection requirements information collection activities are

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necessary for FRA to properly execute railroad must report to FRA within 24 that a person requesting a public its functions, including whether the hours after learning of an accident or hearing explain the need for such a activities will have practical utility; (ii) incident arising from the failure of a forum. Section 236.110 requires that the the accuracy of FRA’s estimates of the signal appliance, device, method, or test results of certain signaling burden of the information collection system to function or indicate as apparatus be recorded and specifically activities, including the validity of the required by Part 236 of this Title that identify the tests required under methodology and assumptions used to results in a more favorable aspect than sections 236.102–109; sections 236.377– determine the estimates; (iii) ways for intended or other condition hazardous 236.387; sections 236.576; 236.577; and FRA to enhance the quality, utility, and to the movement of a train. Section section 236.586–589. Section 236.110 clarity of the information being 233.7 sets forth the specific further provides that the test results collected; and (iv) ways for FRA to requirements for reporting signal must be recorded on pre-printed or minimize the burden of information failures within 15 days in accordance computerized forms provided by the collection activities on the public by with the instructions printed on Form carrier and that the forms show the automated, electronic, mechanical, or FRA F 6180.14. Finally, Section 233.9 name of the railroad, place and date of other technological collection sets forth the specific requirements for the test conducted, equipment tested, techniques or other forms of information the ‘‘Signal System Five Year Report.’’ test results, repairs, and the condition of technology (e.g., permitting electronic It requires that every five years each the apparatus. This section also requires submission of responses). See 44 U.S.C. railroad must file a signal system status that the employee conducting the test 3506(c)(2)(A)(I)–(iv); 5 CFR report. The report is to be prepared on must sign the form and that the record 1320.8(d)(1)(I)–(iv). FRA believes that a form issued by FRA in accordance be retained at the office of the soliciting public comment will promote with the instructions and definitions supervisory official having the proper its efforts to reduce the administrative provided. Title 49, Part 235 of the Code authority. Results of tests made in and paperwork burdens associated with of Federal Regulations, sets forth the compliance with sections 236.587 must the collection of information mandated specific conditions under which FRA be retained for 92 days, and results of by Federal regulations. In summary, approval of modification or all other tests must be retained until the FRA reasons that comments received discontinuance of railroad signal next record is filed, but in no case less will advance three objectives: (i) Reduce systems is required and prescribes the than one year. Additionally, section reporting burdens; (ii) ensure that it methods available to seek such 236.587 requires each railroad to make organizes information collection approval. The application process a departure test of cab signal, train stop, requirements in a ‘‘user friendly’’ format prescribed under Part 235 provides a or train control devices on locomotives to improve the use of such information; vehicle enabling FRA to obtain the before that locomotive enters the and (iii) accurately assess the resources necessary information to make logical equipped territory. This section further expended to retrieve and produce and informed decisions concerning requires that whoever performs the test information requested. See 44 U.S.C. carrier requests to modify or must certify in writing that the test was 3501. discontinue signaling systems. Section properly performed. The certification Below are brief summaries of eight 235.5 requires railroads to apply for and test results must be posted in the currently approved information FRA approval to discontinue or locomotive cab with a copy of the collection activities that FRA will materially modify railroad signaling certification and test results retained at submit for clearance by OMB as systems. Section 235.7 defines material the office of the supervisory official required under the PRA: OMB Control Number: 2130–0006. modifications and identifies those having the proper authority. However, if Title: Railroad Signal System changes that do not require agency it is impractical to leave a copy of the Requirements. approval. Section 235.8 provides that certification and test results at the Type of Request: Extension of a any railroad may petition FRA to seek location of the test, the test results must currently approved collection. relief from the requirements under 49 be transmitted to either the dispatcher Affected Public: Businesses. CFR Part 236. Sections 235.10, 235.12, or one other designated official who Form Number(s): N/A. and 235.13 describe where the petition must keep a written record of the test Abstract: The regulations pertaining must be submitted, what information results and the name of the person to railroad signal systems are contained must be included, the organizational performing the test. All records in 49 CFR Parts 233 (Signal System format, and the official authorized to prepared under this section are required Reporting Requirements), 235 sign the application. Section 235.20 sets to be retained for 92 days. Finally, (Instructions Governing Applications for forth the process for protesting the section 236.590 requires the carrier to Approval of a Discontinuance or granting of a carrier application for clean and inspect the pneumatic Material Modification of a Signal signal changes or relief from the rules, apparatus of automatic train stop, train System), and 236 (Rules, Standards, and standards, and instructions. This section control, or cab signal devices on Instructions Governing the Installation, provides the information that must be locomotives every 736 days, and to Inspection, Maintenance, and Repair of included in the protest, the address for stencil, tag, or otherwise mark the Systems, Devices, and Appliances). filing the protest, the item limit for pneumatic apparatus indicating the last Section 233.5 provides that each filing the protest, and the requirement cleaning date.

REPORTING BURDEN

Average time Total annual CFR section Respondent universe Total annual responses per response burden hours

233.5—Reporting of accidents ...... 687 railroads ...... 10 phone calls ...... 30 minutes ...... 5 233.7—False proceed signal failures report ...... 687 railroads ...... 100 reports ...... 15 minutes ...... 25 233.9—Reports ...... 687 railroads ...... 687 applications ...... 60 minutes ...... 687 235.5—Changes requiring filing of application .... 80 railroads ...... 111 applications ...... 10 hours ...... 1,110 235.8—Applications for relief from Part 236 ...... 80 railroads ...... 24 relief requests ...... 2.5 hours ...... 60

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REPORTING BURDEN—Continued

Average time Total annual CFR section Respondent universe Total annual responses per response burden hours

235.20—Protest letters ...... 80 railroads ...... 84 protest letters ...... 30 minutes ...... 42 236.110—Results of tests—recordkeeping ...... 80 railroads ...... 936,660 forms ...... 27 minutes ...... 427,881 236.587—Departure test ...... 18 railroads ...... 730,000 tests ...... 4 minutes ...... 48,667 236.590—Pneumatic apparatus—stenciling/tag- 18 railroads ...... 6,697 stencilings ...... 22.5 minutes ...... 2,511 ging pneumatic valves.

Total Estimated Responses: 1,674,373. 1975. The primary purpose of the improvement of safety at highway-rail Total Estimated Annual Burden: National Inventory File is to provide for crossings. Good management practices 480,988 hours. the existence of a uniform database necessitate maintaining the database Status: Regular Review. which can be merged with accidents with current information. The data will Title: U.S. DOT Crossing Inventory data and used to analyze information for continue to be useful only if maintained Form. planning and implementation of and updated as inventory changes OMB Control Number: 2130–0017. crossing safety programs by public, occur. FRA previously cleared the Type of Request: Extension of a private, and governmental agencies reporting and recordkeeping burden for currently approved collection. responsible for highway-rail crossing this form under Office of Management Abstract: Form FRA F 6180.71 is a safety. Following the official and Budget (OMB) Clearance Number voluntary form, and is used by States establishment of the National Inventory 2130–0017. OMB approved the burden and railroads to periodically update in 1975, the Federal Railroad for this form through August 31, 2009. certain site specific highway-rail Administration (FRA) assumed the FRA is requesting a new three year crossing information which is then principal responsibility as custodian for approval from OMB for this information transmitted to FRA for input into the the maintenance and continued collection. National Inventory File. This development of the U.S. DOT/AAR Form Number(s): Form FRA F information has been collected on the National Highway-Rail Crossing 6180.71. U.S. DOT–AAR Crossing Inventory Inventory Program. The major goal of Affected Public: Businesses. Form (previous designation of this form) the Program is to provide Federal, State, Respondent Universe: 683 Railroads. since 1974 and maintained in the and local governments, as well as the Frequency of Submission: On National Inventory File database since railroad industry, information for the occasion; monthly.

REPORTING BURDEN

Average time Respondent universe Total annual responses per response Total annual (min) burden hours

Crossing Inventory—Forms ...... 683 railroads ...... 1,311 forms ...... 30 656 Crossing Inventory—Mass Update Printouts ...... 683 railroads ...... 290 printouts (3,630 up- 30 145 dated records). Crossing Inventory—Disc/Tape (non-GX) ...... 683 railroads ...... 798 discs/tapes (117,498 30 399 records updated). Crossing Inventory—GX Electronic Updates ...... 683 railroads ...... 28 GX Electronic files 6 1,141 (11,411 records up- dated).

Total Responses: 133,850. Issued in Washington, DC on February 25, DEPARTMENT OF TRANSPORTATION Estimated Total Annual Burden: 2009. Pipeline and Hazardous Materials 2,341 hours. Kimberly Orben, Safety Administration Status: Regular Review. Director, Office of Financial Management, Federal Railroad Administration. Pursuant to 44 U.S.C. 3507(a) and 5 [FR Doc. E9–4458 Filed 3–2–09; 8:45 am] [Docket ID PHMSA–97–2995] CFR 1320.5(b), 1320.8(b)(3)(vi), FRA BILLING CODE 4910–06–P informs all interested parties that it may Pipeline Safety: Random Drug Testing not conduct or sponsor, and a Rate respondent is not required to respond AGENCY: to, a collection of information unless it Pipeline and Hazardous Materials Safety Administration displays a currently valid OMB control (PHMSA), DOT. number. ACTION: Notice of minimum annual Authority: 44 U.S.C. 3501–3520. percentage rate for random drug testing.

SUMMARY: PHMSA has determined that the minimum random drug testing rate for covered employees will remain at 25 percent during calendar year 2009.

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DATES: Effective January 1, 2009 through U.S.C. 10903 to discontinue service over environmental issues may be directed to December 31, 2009. a 6.94-mile line of railroad between the Board’s Section of Environmental FOR FURTHER INFORMATION CONTACT: milepost 159.5 at Grand Rapids (Walker) Analysis (SEA) at (202) 245–0305. Stanley Kastanas, Director, Office of and milepost 166.44 at Marne, in Kent [Assistance for the hearing impaired is Substance Abuse Policy, Investigations and Ottawa Counties, MI.1 The line available through the Federal and Compliance, PHMSA, U.S. traverses United States Postal Service Information Relay Service (FIRS) at Department of Transportation, Zip Codes 49404, 49435, and 49544, and 1–800–877–8339.] telephone 202–550–0629 or e-mail includes the stations of Grand Rapids Board decisions and notices are [email protected]. and Marne. available on our Web site at http:// MMRR states that the line does not www.stb.dot.gov. SUPPLEMENTARY INFORMATION: Operators of gas, hazardous liquid, and carbon contain federally granted rights-of-way. Decided: February 20, 2009. dioxide pipelines and operators of Any documentation in MMRR’s By the Board, David M. Konschnik, liquefied natural gas facilities must possession will be made available Director, Office of Proceedings. select and test a percentage of covered promptly to those requesting it. Jeffrey Herzig, The interest of railroad employees employees for random drug testing. Clearance Clerk. will be protected by the conditions set Pursuant to 49 CFR 199.105(c)(2), (3), forth in Oregon Short Line R. Co.— [FR Doc. E9–4034 Filed 3–2–09; 8:45 am] and (4), the PHMSA Administrator’s Abandonment—Goshen, 360 I.C.C. 91 BILLING CODE 4915–01–P decision on whether to change the (1979). minimum annual random drug testing By issuing this notice, the Board is rate is based on the reported random instituting an exemption proceeding DEPARTMENT OF THE TREASURY drug test positive rate for the pipeline pursuant to 49 U.S.C. 10502(b). A final industry. The data considered by the decision will be issued by June 1, 2009. Community Development Financial Administrator comes from operators’ Any offer of financial assistance Institutions Fund annual submissions of Management (OFA) for subsidy under 49 CFR Information System (MIS) reports Proposed Collection; Comment 1152.27(b)(2) will be due no later than Request required by 49 CFR 199.119(a). If the 10 days after service of a decision reported random drug test positive rate granting the petition for exemption. is less than one percent, the ACTION: Notice and request for Each OFA must be accompanied by a comments. Administrator may continue the $1,500 filing fee. See 49 CFR minimum random drug testing rate at 25 1002.2(f)(25).2 SUMMARY: The U.S. Department of the percent. In 2007, the random drug test All filings in response to this notice Treasury, as part of its continuing effort positive rate was less than one percent. must refer to STB Docket No. AB–364 to reduce paperwork and respondent Therefore, the minimum random drug (Sub-No. 15X) and must be sent to: (1) burden, invites the general public and testing rate will remain at 25 percent for Surface Transportation Board, 395 E other Federal agencies to take this calendar year 2009. Street, SW., Washington, DC 20423– opportunity to comment on proposed In reference to the notice published in 0001; and (2) Louis E. Gitomer, 600 and/or continuing information 70 FR 20800, PHMSA intends to publish Baltimore Ave., Suite 301, Towson, MD collections, as required by the an Advisory Bulletin specifying the 21204. Replies to the petition are due on Paperwork Reduction Act of 1995, methodology for reporting MIS or before March 23, 2009. Public Law 104–13 (44 U.S.C. contractor data to PHMSA. Therefore, Persons seeking further information 3506(c)(2)(A)). Currently, the operators must ensure records on concerning discontinuance procedures Community Development Financial contract employees continue to be may contact the Board’s Office of Public Institutions Fund (the ‘‘Fund’’), an maintained. Assistance, Governmental Affairs and office within the Department of the Authority: 49 U.S.C. 5103, 60102, 60104, Compliance at (202) 245–0238 or refer Treasury, is soliciting comments 60108, 60117, and 60118; 49 CFR 1.53. to the full abandonment and concerning the CDFI Program Issued in Washington, DC on February 23, discontinuance regulations at 49 CFR Application. 2009. part 1152. Questions concerning DATES: Written comments should be Alan Mayberry, received on or before May 4, 2009 to be Director, Engineering and Emergency 1 As part of a corporate family transaction, Grand assured of consideration. Support. Rapids Eastern Railroad, Inc. (GRE) was merged into MMRR in 1999. See RailTex, Inc., Mid- ADDRESSES: Direct all comments to Ruth [FR Doc. E9–4485 Filed 3–2–09; 8:45 am] Michigan Railroad, Inc., Michigan Shore Railroad, Jaure, CDFI Program Manager, at the BILLING CODE 4910–60–P Inc., and Grand Rapids Eastern Railroad, Inc.— Community Development Financial Corporate Family Transaction, STB Finance Docket Institutions Fund, U.S. Department of No. 33693 (STB served Jan. 20, 1999). GRE had the Treasury, 601 13th Street, NW., DEPARTMENT OF TRANSPORTATION leased the line from the Coopersville and Marne Railway Company Line (C&M) in 1997. See Grand Suite 200 South, Washington, DC 20005, Rapids Eastern Railroad, Inc.—Lease and Operation Surface Transportation Board by e-mail to [email protected] or Exemption—Coopersville and Marne Railway by facsimile to (202) 622–7754. Please [STB Docket No. AB–364 (Sub-No. 15X)] Company Line, STB Finance Docket No. 33344 (STB served Feb. 10, 1997). C&M had acquired the note this is not a toll free number. line from the Central Michigan Railway Company FOR FURTHER INFORMATION CONTACT: Mid-Michigan Railroad, Inc.— The in 1996. See Coopersville & Marne Railway CDFI Program Application may be Discontinuance of Service Company—Acquisition and Operation Exemption— Exemption—in Kent and Ottawa Central Michigan Railway Company, STB Finance obtained from the CDFI Program page of Counties, MI Docket No. 32942 (STB served May 21, 1996). the Fund’s Web site at http:// 2 Because this is a discontinuance proceeding and www.cdfifund.gov. Requests for On February 11, 2009, Mid-Michigan not an abandonment, trail use/rail banking and additional information should be public use conditions are not appropriate. Railroad, Inc. (MMRR) filed with the Similarly, no environmental or historic directed to Ruth Jaure, CDFI Program Board a petition under 49 U.S.C. 10502 documentation is required under 49 CFR Manager, Community Development for exemption from the provisions of 49 1105.6(c)(2) and 1105.8. Financial Institutions Fund, U.S.

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Department of the Treasury, 601 13th enable the Fund to evaluate applicants’ Whether offering separate applications Street, NW., Suite 200 South, activities and determine the extent of for the FA and TA components would Washington, DC 20005, or call (202) applicants’ eligibility for a CDFI reduce the burden on applicants; (2) 622–9156. Please note this is not a toll Program award. Failure to collect this whether the distinct business models free number. information could result in improper followed by different types of CDFIs SUPPLEMENTARY INFORMATION: uses of Federal funds. (such as banks, credit unions, and Title: CDFI Program Application. Current Actions: Extension of a venture capital funds) merit OMB Number: 1559–0021. currently approved collection. individualized applications; (3) if an Abstract: The Community Type of Review: Regular review. applicant eligibility screen should be Development Financial Institutions Affected Public: Certified CDFIs and applied before the application deadline, (CDFI) Program was established by the entities seeking CDFI Certification. allowing applicants to determine Riegle Community Development and Estimated Number of Respondents: beforehand if they would be qualified to Regulatory Improvement Act of 1994 to 200. receive an award; (4) if detailed use Federal resources to invest in and Estimated Annual Time per Matching Funds documentation should build the capacity of CDFIs to serve low- Respondent: 100 hours. be collected later in the application Estimated Total Annual Burden income people and communities lacking review process, and a reasonable adequate access to affordable financial Hours: 20,000 hours. amount of time to expect an applicant products and services. Through the Requests for Comments: Comments to provide this data; (5) the merit of CDFI Program, the CDFI Fund provides: submitted in response to this notice will further reducing the narrative page (1) Financial Assistance (FA) awards to be summarized and/or included in the limits in the application; (6) the CDFIs that have Comprehensive request for Office of Management and Business Plans for creating Budget approval. All comments will potential burden of requiring specific demonstrable community development become a matter of public record and documents to support proposed uses of impact through the deployment of may be published on the Fund Web site TA funds, namely Statements of Work ´ ´ credit, capital, and financial services at http://www.cdfifund.gov. Comments for professional services, and resumes within their respective Target Markets are invited on: (a) Whether the and/or position descriptions for or the expansion into new Investment collection of information is necessary personnel; and (7) the potential burden Areas, Low-Income Targeted for the proper performance of the of requiring additional documentation Populations, or Other Targeted functions of the Fund, including to support the application, namely tax Populations, and (ii) Technical whether the information shall have returns (Form 990), Certificates of Good Assistance (TA) grants to CDFIs and practical utility; (b) the accuracy of the Standing, operating budgets, lists of entities proposing to become CDFIs in Fund’s estimate of the burden of the sources of capital, rate sheets for order to build their capacity to better collection of information; (c) ways to products and services, and borrower address the community development enhance the quality, utility, and clarity characteristic profiles. and capital access needs of their of the information to be collected; (d) Authority: 12 U.S.C. 1834a, 4703, 4703 existing or proposed Target Markets ways to minimize the burden of the note, 4713, 4717; 31 U.S.C 321; 12 CFR part and/or to become certified CDFIs. The collection of information on 1806. regulations governing the CDFI Program respondents, including through the use Dated: February 25, 2009. are found at 12 CFR part 1805 and of technology; and (e) estimates of provide guidance on evaluation criteria capital or start-up costs and costs of Donna J. Gambrell, and other requirements of the CDFI operation, maintenance, and purchase Director, Community Development Financial Program. The questions that the of services to provide information. Institutions Fund. application contains, and the The Fund specifically requests [FR Doc. E9–4520 Filed 3–2–09; 8:45 am] information generated thereby, will comments concerning the following: (1) BILLING CODE 4810–70–P

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Part II

Federal Deposit Insurance Corporation 12 CFR Part 327 Assessments; Interim Rule

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FEDERAL DEPOSIT INSURANCE 8967; and Christopher Bellotto, Counsel, II. Emergency Special Assessment CORPORATION Legal Division, (202) 898–3801 or The FDIC believes that it is important Sheikha Kapoor, Senior Attorney, Legal that the fund not decline to a level that 12 CFR Part 327 Division, (202) 898–3960. could undermine public confidence in RIN 3064–AD35 SUPPLEMENTARY INFORMATION: federal deposit insurance. Even though the FDIC has significant authority to Assessments I. Background borrow from the Treasury to cover losses, a fund balance and reserve ratio AGENCY: Federal Deposit Insurance Recent and anticipated failures of that are near zero or negative could Corporation (FDIC). FDIC-insured institutions resulting from deterioration in banking and economic create public confusion about the FDIC’s ACTION: Interim rule with request for ability to move quickly to resolve comment. conditions have significantly increased losses to the Deposit Insurance Fund problem institutions and protect insured SUMMARY: The FDIC is adopting an (the fund or the DIF). The reserve ratio depositors. The FDIC views the interim rule to impose a 20 basis point of the DIF declined from 1.19 percent as Treasury line of credit as available to emergency special assessment under 12 of March 31, 2008, to 1.01 percent as of cover unforeseen losses, not as a source U.S.C. 1817(b)(5) on June 30, 2009. The June 30, 0.76 percent as of September of financing projected losses. The FDIC projects that the reserve assessment will be collected on 30, and 0.40 percent (preliminary) as of ratio will fall to close to zero or become September 30, 2009. The interim rule December 31. Twenty-five institutions negative in 2009 unless the FDIC also provides that, after June 30, 2009, failed in 2008, and the FDIC projects a receives more revenue than regular if the reserve ratio of the Deposit substantially higher rate of institution quarterly assessments will produce, Insurance Fund is estimated to fall to a failures in the next few years, leading to given the rates adopted in the final rule level that the Board believes would a further decline in the reserve ratio. on assessments. Therefore, the FDIC adversely affect public confidence or to Because the fund reserve ratio fell below will impose an emergency special a level which shall be close to zero or 1.15 percent as of June 30, 2008, and assessment equal to 20 basis points of negative at the end of a calendar quarter, was expected to remain below 1.15 an institution’s assessment base on June an emergency special assessment of up percent, the Reform Act required the 30, 2009.2 The special assessment will to 10 basis points may be imposed by FDIC to establish and implement a be collected on September 30, 2009, at a vote of the Board on all insured Restoration Plan that would restore the the same time that the risk-based depository institutions based on each reserve ratio to at least 1.15 percent assessments for the second quarter of institution’s assessment base calculated within five years, absent extraordinary 2009 are collected. The assessment base 1 pursuant to 12 CFR 327.5 for the circumstances. for the special assessment shall be the corresponding assessment period. The On October 7, 2008, the FDIC same as the assessment base for the FDIC seeks comment on the interim established a Restoration Plan for the second quarter risk-based assessment. rule. DIF. The Restoration Plan called for the The FDIC has extended the period of DATES: Effective April 1, 2009. FDIC to set assessment rates such that the Restoration Plan to seven years due Comments must be received on or the reserve ratio would return to 1.15 to the extraordinary circumstances before April 2, 2009. percent within five years. The plan also facing the banking industry—including ADDRESSES: You may submit comments, required the FDIC to update its loss and the severe problems in the financial identified by RIN number, by any of the income projections for the fund and, if markets and the prospects of a lengthy following methods: needed to ensure that the fund reserve recession. If the Restoration Plan period • Agency Web Site: http://www.fdic. ratio reaches 1.15 percent within five remained at its original five years, the gov/regulations/laws/federal/ years, increase assessment rates. FDIC estimates that initial assessment propose.html. Follow instructions for Simultaneously with the adoption of rates would have had to range from 20 submitting comments on the Agency this interim rule, the FDIC has amended to 45 basis points, compared to the Web Site. the Restoration Plan and extended the actual initial assessment rates adopted • E-mail: [email protected]. time within which the reserve ratio in the assessments final rule, which Include the RIN number in the subject must be returned to 1.15 percent to 7 range from 12 to 45 basis points. line of the message. years due to extraordinary A 20 basis point special assessment • Mail: Robert E. Feldman, Executive circumstances. Also, again rate should increase the reserve ratio by Secretary, Attention: Comments, Federal simultaneously with the adoption of approximately 32 basis points. Deposit Insurance Corporation, 550 17th this interim rule, the FDIC has adopted Street, NW., Washington, DC 20429 a final rule (the assessments final rule) 2 12 U.S.C. 1817(b)(5) provides: Emergency • special assessments.—In addition to the other Hand Delivery/Courier: Guard that, among other things, sets initial assessments imposed on insured depository station at the rear of the 550 17th Street base assessment rates at 12 to 45 basis institutions under this subsection, the Corporation Building (located on F Street) on points. may impose 1 or more special assessments on business days between 7 a.m. and 5 p.m. insured depository institutions in an amount However, given the FDIC’s estimated determined by the Corporation if the amount of any Instructions: All submissions received losses from projected institution such assessment is necessary— must include the agency name and RIN failures, the assessment rates adopted in (A) to provide sufficient assessment income to for this rulemaking. All comments the final rule are not sufficient to return repay amounts borrowed from the Secretary of the received will be posted without change Treasury under [12 U.S.C. 1824(a)] in accordance the fund reserve ratio to 1.15 percent with the repayment schedule in effect under [12 to http://www.fdic.gov/regulations/laws/ within 7 years and are unlikely to U.S.C. 1824(c)] during the period with respect to federal/propose.html including any prevent the DIF fund balance and which such assessment is imposed; personal information provided. reserve ratio from falling to near zero or (B) to provide sufficient assessment income to FOR FURTHER INFORMATION CONTACT: repay obligations issued to and other amounts becoming negative this year. borrowed from insured depository institutions Munsell W. St. Clair, Chief, Banking and under [12 U.S.C. 1824(d)]; or Regulatory Policy Section, Division of 1 Section 7(b)(3)(E) of the Federal Deposit (C) for any other purpose that the Corporation Insurance and Research, (202) 898– Insurance Act, 12 U.S.C. 1817(b)(3)(E). may deem necessary.

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According to the FDIC’s projections, the fund reserve ratios. To further ensure votes to impose a special assessment of 20 basis point special assessment that the fund reserve ratio does not up to 10 basis points, the FDIC will combined with the rates adopted in the decline to a level that could undermine announce no later than September 30 final assessments rule would return the public confidence in federal deposit that it is imposing a special assessment reserve ratio to 1.15 percent by the end insurance, the FDIC may impose an on September 30, 2009, and the rate of of 2015, consistent with the amended emergency special assessment of up to the assessment, and will collect the seven-year Restoration Plan period. 10 basis points of an institution’s special assessment, along with the usual As part of the Restoration Plan, the assessment base whenever, after June quarterly deposit insurance assessment, FDIC has the authority to restrict credit 30, 2009, the reserve ratio of the Deposit on December 30, 2009. use while the plan is in effect, providing Insurance Fund is estimated to fall to a The FDIC currently projects that the that institutions may still apply credits level that the Board believes would combination of regular quarterly against their assessments equal to the adversely affect public confidence or to assessments and the 20 basis point lesser of their assessment or 3 basis a level which shall be close to zero or special assessment will prevent the fund points.3 The FDIC has decided not to negative at the end of a calendar quarter. reserve ratio from falling to a level that restrict credit use in the Restoration Any such special assessment will be that the Board believes would adversely Plan. The FDIC projects that the amount imposed on the last day of a quarter affect public confidence or to a level of credits remaining at the time that the (March 31, June 30, September 30 or close to zero or negative during the special assessment is imposed will be December 31) and will be collected period of the Restoration Plan. For this very small and that their use will have approximately three months later, at the reason, the FDIC does not expect to very little effect on the assessment same time that risk-based assessments impose a special assessment of up to 10 revenue necessary to meet the are collected. The earliest possible date basis points. However, the FDIC will not requirements of the plan.4 for such a special assessment is make its estimates of quarter-end reserve ratios for purposes of any such Effect on Capital and Earnings September 30, 2009 (which would be collected December 30, 2009). special assessment, nor will the Board The FDIC has analyzed the effect of a The assessment base for any special determine whether to impose such a 20 basis point special assessment on the assessment shall be the base for the risk- special assessment, until shortly before capital and earnings of insured based assessment for the quarter ending the end of each quarter, in order to take institutions. For this analysis, it relied the date the special assessment is advantage of the most recently available on the projected range of industry imposed. Thus, for example, the data. earnings in 2009 described in Appendix assessment base for a special assessment 2 of the preamble to the final rule on imposed on September 30, 2009, would IV. Requests for Comments assessments. Given the assumptions in be the assessment base for the quarterly The FDIC seeks comment on every the analysis, for the industry as a whole, risk-based assessment for the third aspect of this rulemaking. In particular, the special assessment in 2009 would quarter of 2009 (collected December 30, the FDIC seeks comment on the issues result in year-end 2009 capital that 2009). set out below. The FDIC asks that would be approximately 0.7 percent Near the end of each quarter, the FDIC commenters include reasons for their lower than in the absence of a special will estimate the reserve ratio for that positions. assessment. Based on the range of quarter from available data on, or 1. Should the June 30, 2009 special projected industry earnings, a 20 basis estimates of, insurance fund assessment assessment be at a rate other than 20 point special assessment would cause 9 income, investment income, operating basis points? to 13 institutions (with $3 billion to $5 expenses, other revenue and expenses, 2. Should there be a maximum rate billion in aggregate assets) whose and loss provisions (including that the combination of an institution’s equity-to-assets ratio would have provisions for anticipated failures). regular quarterly assessment rate and a exceeded 4 percent in the absence of Because no data on estimated insured special assessment could not exceed? such an assessment to fall below that deposits will be available until after the For example, an institution in Risk percentage and 3 to 4 institutions (with quarter-end, the FDIC will assume that Category IV could possibly be charged a about $1 billion in aggregate assets) to estimated insured deposits will increase regular quarterly assessment at the fall below 2 percent. during the quarter at the average annual rate of 77.5 basis points For profitable institutions, the special quarterly rate over the previous four beginning in the second quarter of 2009. assessment in 2009 would result in pre- quarters. A 20 basis point special assessment tax income that would be between 10 If the FDIC estimates that the reserve would effectively increase the percent and 13 percent lower than if the ratio will fall to a level that the Board maximum possible annual rate to nearly FDIC did not charge such the special believes would adversely affect public 100 basis points. Should the rate be assessment. For unprofitable confidence or to a level close to zero or capped at a smaller amount? institutions, pre-tax losses would negative at the end of a calendar quarter, 3. Should weaker institutions be increase by an average of between 3 and the Board decides to impose an exempted, in whole or in part, from the percent and 6 percent. emergency special assessment of up to special assessment? For example, 10 basis points, the FDIC will announce should institutions with CAMELS III. Further Special Assessments the imposition and rate of the special ratings of 4 or 5 be exempted? Should The FDIC recognizes that there is assessment no later than the last day of adequately or undercapitalized considerable uncertainty about its the quarter. As soon as practicable after institutions be exempted? Should projections for losses and insured any such announcement, the FDIC will institutions that would become deposit growth, and, therefore, of future have a notice published in the Federal undercapitalized (or critically Register of the imposition of the special undercapitalized) as the result of the 3 Section 7(b)(3)(E)(iv) of the Federal Deposit assessment. special assessment be exempted? Insurance Act (12 U.S.C. 1817(b)(3)(E)(iv)). Thus, for example, if in late 4. Should special assessments be 4 For 2009 and 2010, credits may not offset more than 90 percent of an institution’s assessment. September 2009, the FDIC estimates that assessed on assets or some other Section 7(e)(3)(D)(ii) of the Federal Deposit the reserve ratio on September 30, 2009, measure, rather than the regular risk- Insurance Act (12 U.S.C. 1817(e)(3)(D)(ii)). will fall to zero, and the FDIC’s Board based assessment base?

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5. Should there be special • Has the FDIC organized the material uniform rate to help meet FDIC assessments of up to10 basis points? to suit your needs? If not, how could assessment revenue needs. Apart from Should some other rate be used? For this material be better organized? the uniform special assessment on all example, should the rate be the rate • Are the requirements in the institutions to help meet the FDIC’s total needed to maintain the fund reserve regulation clearly stated? If not, how revenue needs, the interim rule makes ratio at particular value for the reserve could the regulation be more clearly no other changes in rates for any ratio? stated? insured institution, including small 6. Should FDIC assessments, • Does the regulation contain insured depository institutions. In including emergency special language or jargon that is not clear? If effect, the interim rule would uniformly assessments, take into account the so, which language requires increase each institution’s assessment assistance being provided to clarification? rate by 20 basis points for one • systemically important institutions? Would a different format (grouping assessment collection (including each and order of sections, use of headings, V. Effective Date small institution’s assessment rate, as a paragraphing) make the regulation small institution is defined for RFA This interim rule will take effect April easier to understand? If so, what purposes), and would not alter the 1, 2009. changes to the format would make the present distribution of assessment regulation easier to understand? rates.7 The interim rule does not VI. Regulatory Analysis and Procedure • What else could the FDIC do to directly impose any ‘‘reporting’’ or A. Administrative Procedure Act make the regulation easier to ‘‘recordkeeping’’ requirements within Pursuant to section 553(b)(B) of the understand? the meaning of the Paperwork Administrative Procedure Act (APA), C. Regulatory Flexibility Act Reduction Act. The compliance notice and comment are not required requirements for the interim rule would The Regulatory Flexibility Act (RFA) prior to the issuance of a final rule if an not exceed existing compliance requires that each federal agency either agency for good cause finds that notice requirements for the present system of certify that a final rule would not have and public procedure thereon are FDIC deposit insurance assessments, a significant economic impact on a impracticable, unnecessary, or contrary which, in any event, are governed by substantial number of small entities or to the public interest. The FDIC finds separate regulations. The FDIC is prepare an initial regulatory flexibility good cause to adopt this interim rule unaware of any duplicative, overlapping analysis of the proposal and publish the without prior notice and comment. or conflicting federal rules. The FDIC believes that it is important analysis for comment.5 Certain types of that the fund not decline to a level that rules, such as rules of particular D. Small Business Regulatory could undermine public confidence in applicability relating to rates or Enforcement Fairness Act federal deposit insurance. A fund corporate or financial structures, or balance and reserve ratio that are near practices relating to such rates or The Office of Management and Budget zero or negative could create public structures, are expressly excluded from has determined that the interim rule is confusion about the FDIC’s ability to the definition of ‘‘rule’’ for purposes of not a ‘‘major rule’’ within the meaning move quickly to resolve problem the RFA.6 The interim rule relates of the relevant sections of the Small institutions and protect insured directly to the rates imposed on insured Business Regulatory Enforcement Act of depositors. Without additional revenue depository institutions for deposit 1996 (SBREFA) Public Law 110–28 other than quarterly risk-based insurance. In addition, this interim rule (1996). As required by law, the FDIC assessments based on the rates adopted does not involve the issuance of a notice will file the appropriate reports with in the Final Rule, the FDIC projects the of proposed rulemaking. For these Congress and the Government reserve ratio will fall close to zero or reasons, the requirements of the RFA do Accountability Office so that the interim become negative in 2009. Therefore, it is not apply. Nonetheless, the FDIC is rule may be reviewed. important for public confidence to have voluntarily undertaking a regulatory E. Paperwork Reduction Act the interim rule in place quickly. flexibility analysis and is seeking Nevertheless, the FDIC desires to have comment on it. No collections of information the benefit of public comment and thus As of December 31, 2008, of the 8,305 pursuant to the Paperwork Reduction invites interested parties to submit insured commercial banks and savings Act (44 U.S.C. 3501 et seq.) are comments during a 30-day comment institutions, 4,567 were small insured contained in the interim rule. period. The 30-day comment period will depository institutions as that term is F. The Treasury and General allow the FDIC to receive comments in defined for purposes of the RFA (i.e., Government Appropriations Act, 1999— a timely manner, given that the interim those with $165 million or less in Assessment of Federal Regulations and rule will be on April 1, 2009. The FDIC assets). Policies on Families will revise the interim rule, if The FDIC’s total assessment needs are appropriate, in light of the comments driven by the statutory requirement that The FDIC has determined that the received. the FDIC adopt a Restoration Plan that interim rule will not affect family well- provides that the fund reserve ratio being within the meaning of section 654 B. Solicitation of Comments on Use of reach at least 1.15 percent within five Plain Language of the Treasury and General years absent extraordinary Government Appropriations Act, Section 722 of the Gramm-Leach- circumstances and by the FDIC’s enacted as part of the Omnibus Bliley Act, Public Law 106–102, 113 aggregate insurance losses, expenses, Consolidated and Emergency Stat. 1338, 1471 (Nov. 12, 1999), investment income, and insured deposit Supplemental Appropriations Act of requires the federal banking agencies to growth, among other factors. Under the 1999 (Pub. L. 105–277, 112 Stat. 2681). use plain language in all proposed and interim rule, each institution would be final rules published after January 1, subject to a special assessment at a 7 Additional special assessments of up to 10 basis 2000. The FDIC invites your comments points could uniformly increase each institution’s on how to make this proposal easier to 5 See 5 U.S.C. 603, 604 and 605. assessment rate up to 10 basis points for additional understand. For example: 6 5 U.S.C. 601. assessment collections.

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List of Subjects in 12 CFR Part 327 a level which shall be close to zero or insured depository institution of the Bank deposit insurance, Banks, negative at the end of a calendar quarter, amount and calculation of any an emergency special assessment of up banking, Savings associations. emergency special assessment imposed to 10 basis points may be imposed by under paragraph (a) or (b) of this ■ For the reasons set forth in the a vote of the Board on all insured section. This information shall be preamble, the FDIC proposes to amend depository institutions based on each provided at the same time as the chapter III of title 12 of the Code of institution’s assessment base calculated institution’s quarterly certified Federal Regulations as follows: pursuant to § 327.5 for the statement invoice for the assessment corresponding assessment period. PART 327—ASSESSMENTS period in which the emergency special (1) Estimation process. For purposes assessment was imposed. of any emergency special assessment ■ 1. The authority citation for part 327 (d) Payment of any emergency special under this paragraph (b), the FDIC shall continues to read as follows: assessment. Each insured depository estimate the reserve ratio of the Deposit institution shall pay to the Corporation Authority: 12 U.S.C. 1441, 1813, 1815, Insurance Fund for the applicable 1817–1819, 1821; Sec. 2101–2109, Pub. L. any emergency special assessment calendar quarter end from available data 109–171, 120 Stat. 9–21, and Sec. 3, Pub. L. imposed under paragraph (a) or (b) of on, or estimates of, insurance fund 109–173, 119 Stat. 3605. this section in compliance with and assessment income, investment income, ■ 2. In part 327 add new § 327.15 to operating expenses, other revenue and subject to the provisions of §§ 327.3, Subpart A to read as follows: expenses, and loss provisions, including 327.6 and 327.7 of subpart A, and the provisions for anticipated failures. The provisions of subpart B. The payment § 327.11 Emergency special assessments. FDIC will assume that estimated insured date for any emergency special (a) Emergency special assessment deposits will increase during the quarter assessment shall be the date provided in imposed on June 30, 2009. On June 30, at the average quarterly rate over the § 327.3(b)(2) for the institution’s 2009, the FDIC shall impose an previous four quarters. quarterly certified statement invoice for emergency special assessment of 20 (2) Imposition and announcement of the calendar quarter in which the basis points on each insured depository emergency special assessments. Any emergency special assessment was institution based on the institution’s emergency special assessment under imposed. assessment base calculated pursuant to this paragraph (b) shall be on the last By order of the Board of Directors. § 327.5 for the second assessment period day of a calendar quarter and shall be Dated at Washington, DC, this 27th day of of 2009. announced by the end of such quarter. February, 2009. (b) Emergency special assessments As soon as practicable after Federal Deposit Insurance Corporation. after June 30, 2009. After June 30, 2009, announcement, the FDIC will have a Robert E. Feldman, if the reserve ratio of the Deposit notice published in the Federal Register Insurance Fund is estimated to fall to a of the emergency special assessment. Executive Secretary. level that that the Board believes would (c) Invoicing of any emergency special [FR Doc. E9–4585 Filed 3–2–09; 8:45 am] adversely affect public confidence or to assessments. The FDIC shall advise each BILLING CODE 6714–01–P

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Reader Aids Federal Register Vol. 74, No. 40 Tuesday, March 3, 2009

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Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 7 CFR 307...... 9171 Executive orders and proclamations 741–6000 The United States Government Manual 741–6000 984...... 9045 1220...... 9047 47 CFR Other Services 73...... 9171 10 CFR Electronic and on-line services (voice) 741–6020 Proposed Rules: 741–6064 Privacy Act Compilation Proposed Rules: 73...... 9185 Public Laws Update Service (numbers, dates, etc.) 741–6043 72...... 9178 TTY for the deaf-and-hard-of-hearing 741–6086 170...... 9130 171...... 9130 49 CFR ELECTRONIC RESEARCH 12 CFR 356...... 9172 365...... 9172 World Wide Web 327...... 9338 374...... 9172 Full text of the daily Federal Register, CFR and other publications 571...... 9173 is located at: http://www.gpoaccess.gov/nara/index.html 14 CFR Federal Register information and research tools, including Public Proposed Rules: Proposed Rules: Inspection List, indexes, and links to GPO Access are located at: 39...... 9050 531...... 9185 http://www.archives.gov/federallregister 71...... 9053 533...... 9185 571...... 9202 E-mail 16 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Proposed Rules: 50 CFR an open e-mail service that provides subscribers with a digital 306...... 9054 form of the Federal Register Table of Contents. The digital form 679...... 9176 of the Federal Register Table of Contents includes HTML and 17 CFR Proposed Rules: PDF links to the full text of each document. 201...... 9159 17...... 9205 To join or leave, go to http://listserv.access.gpo.gov and select 20...... 9207 Online mailing list archives, FEDREGTOC-L, Join or leave the list 18 CFR 300...... 9207 (or change settings); then follow the instructions. 284...... 9162 648...... 9072, 9208 PENS (Public Law Electronic Notification Service) is an e-mail service that notifies subscribers of recently enacted laws. 21 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 522...... 9049 and select Join or leave the list (or change settings); then follow the instructions. 29 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot Proposed Rules: respond to specific inquiries. 1635...... 9056 Reference questions. Send questions and comments about the Federal Register system to: [email protected] 33 CFR The Federal Register staff cannot interpret specific documents or Proposed Rules: regulations. 160...... 9071 Reminders. Effective January 1, 2009, the Reminders, including 161...... 9071 Rules Going Into Effect and Comments Due Next Week, no longer 164...... 9071 appear in the Reader Aids section of the Federal Register. This 165...... 9071 information can be found online at http://www.regulations.gov. 40 CFR CFR Checklist. Effective January 1, 2009, the CFR Checklist no longer appears in the Federal Register. This information can be 55...... 9166 found online at http://bookstore.gpo.gov/. Proposed Rules: 55...... 9180 FEDERAL REGISTER PAGES AND DATE, MARCH 45 CFR 9045–9158...... 2 302...... 9171 9159–9342...... 3 303...... 9171

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The text of laws is not H.R. 1/P.L. 111–5 enacted public laws. To published in the Federal American Recovery and subscribe, go to http:// LIST OF PUBLIC LAWS Register but may be ordered Reinvestment Act of 2009 listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual (Feb. 17, 2009; 123 Stat. 115) publaws-l.html This is a continuing list of pamphlet) form from the public bills from the current Superintendent of Documents, Last List February 6, 2009 session of Congress which U.S. Government Printing Note: This service is strictly have become Federal laws. It Office, Washington, DC 20402 for E-mail notification of new may be used in conjunction (phone, 202–512–1808). The Public Laws Electronic laws. The text of laws is not with ‘‘P L U S’’ (Public Laws text will also be made Notification Service available through this service. Update Service) on 202–741– available on the Internet from (PENS) PENS cannot respond to 6043. This list is also GPO Access at http:// specific inquiries sent to this available online at http:// www.gpoaccess.gov/plaws/ address. www.archives.gov/federal- index.html. Some laws may PENS is a free electronic mail register/laws.html. not yet be available. notification service of newly

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