1–12–10 Tuesday Vol. 75 No. 7 Jan. 12, 2010

Pages 1525–1696

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Contents Federal Register Vol. 75, No. 7

Tuesday, January 12, 2010

Agricultural Marketing Service Defense Acquisition Regulations System RULES PROPOSED RULES Walnuts Grown in California; Changes to Regulations Defense Federal Acquisition Regulation Supplement: Governing Voting Procedures, 1525–1527 Foreign Participation in Acquisitions in Support of PROPOSED RULES Operations in Afghanistan (DFARS Case 2009–D012), National Organic Program: 1567 Proposed Amendments to the National List of Allowed and Prohibited Substances (Crops), 1555–1559 Defense Department See Air Force Department Agriculture Department See Defense Acquisition Regulations System See Agricultural Marketing Service See Animal and Plant Health Inspection Service Education Department See Forest Service NOTICES See Rural Housing Service Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 1610–1611 Agency Information Collection Activities; Proposals, Elementary and Secondary School Counseling Programs: Submissions, and Approvals, 1583–1585 Inviting Applications for New Awards (Fiscal Year (FY) 2010), 1611–1614 Air Force Department NOTICES Election Assistance Commission Environmental Impact Statements; Availability, etc.: NOTICES Beddown of Training F–35A Aircraft, 1609–1610 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1614–1615 Animal and Plant Health Inspection Service NOTICES Energy Department Environmental Impact Statements; Availability, etc.: See Western Area Power Administration Determination of Regulated Status of Alfalfa Genetically NOTICES Engineered for Tolerance to the Herbicide Environmental Impact Statements; Availability, etc.: Glyphosate, 1585–1586 Amended Record of Decision; Idaho High-Level Waste and Facilities Disposition; Correction, 1615–1616 Commerce Department Environmental Protection Agency See Foreign–Trade Zones Board RULES See International Trade Administration Approval and Promulgation of Implementation Plans: See National Institute of Standards and Technology Puerto Rico; Guaynabo PM10 Limited Maintenance Plan See National Oceanic and Atmospheric Administration and Redesignation Request, 1543–1546 See Patent and Trademark Office PROPOSED RULES NOTICES Public Hearings for Reconsideration of the 2008 National Agency Information Collection Activities; Proposals, Ambient Air Quality Standards for Ozone, 1566–1567 Submissions, and Approvals, 1589–1590 NOTICES Meetings: Cross-Media Electronic Reporting Rule State Authorized Environmental Technologies Trade Advisory Committee, Program Revision Approval: 1590–1591 State of New York, 1617 Draft Toxicological Review of Methanol: Committee for the Implementation of Textile Agreements In Support of the Summary Information in the Integrated NOTICES Risk Information System (IRIS), 1617–1619 Amendment of Limitation of Duty- and Quota-Free Imports of Apparel Articles Assembled in Beneficiary ATPDEA Export–Import Bank Countries from Regional Country Fabric, 1589 NOTICES Agency Information Collection Activities; Proposals, Commodity Futures Trading Commission Submissions, and Approvals, 1619–1621 NOTICES Meetings; Sunshine Act, 1608 Federal Aviation Administration RULES Consumer Product Safety Commission Airworthiness Directives: NOTICES Airbus (Type Certificate Previously Held by Airbus Meetings; Sunshine Act, 1608 Industrie) Model A340–200, –300, –500, and –600 Series Airplanes, 1538–1540 Corporation for National and Community Service Boeing Co. Model 737–300, –400, and –500 Series NOTICES Airplanes, 1527–1529 Agency Information Collection Activities; Proposals, Boeing Co. Model 737–600, –700, –700C, –800, and –900 Submissions, and Approvals, 1608–1609 Series Airplanes, 1529–1533

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Boeing Co. Model 737–600, –700, and –800 Series NOTICES Airplanes, 1536–1538 Multistate Conservation Grant Program; Priority List for Boeing Co. Model 747–200F, 747–200C, 747–400, 747– Conservation Projects, 1651–1653 400D, and 747–400F Series Airplanes, 1533–1535 Special Conditions: Food and Drug Administration Bombardier, Inc., Model DHC–8–100, –200, –300, and NOTICES –400 Series Airplanes; Passenger Seats with Non– Denial of Hearing; Final Debarment Order: Traditional, Large, Non–Metallic Panels, 1527 Jason Vale, 1623–1625 PROPOSED RULES Airworthiness Directives: Foreign–Trade Zones Board BAE SYSTEMS (Operations) Limited Model BAe 146 NOTICES 100A, 200A, and 300A, and Model Avro 146 RJ70A, Grant of Authority for Subzone Status: 146 RJ85A, and 146 RJ100A Airplanes, 1563–1566 Reynolds Packaging LLC (Aluminum Foil Liner Stock), BAE SYSTEMS (Operations) Limited Model BAe 146 and Louisville, KY, 1596–1597 Avro 146–RJ70A, 146–RJ85A, and 146–RJ100A Airplanes, 1560–1563 Forest Service NOTICES Federal Communications Commission Environmental Impact Statements; Availability, etc.: RULES Medford–Park Falls Ranger District, Chequamegon– Television Broadcasting Services: Nicolet National Forest, Park Falls Hardwoods Bangor, ME, 1546–1547 Project, 1587–1588 NOTICES Meetings: Radio Broadcasting Services: Deschutes and Ochoco National Forests Resource AM or FM Proposals To Change The Community of Advisory Committee, 1588–1589 License, 1621 Health and Human Services Department Federal Railroad Administration See Food and Drug Administration RULES See Health Resources and Services Administration Alcohol and Drug Testing: See Indian Health Service Determination of Minimum Random Testing Rates (for NOTICES 2010), 1547–1548 Decision to Evaluate a Class of Employees for Inclusion in the Special Exposure Cohort: Federal Reserve System General Electric Co., Evendale, OH, 1622 NOTICES Change in Bank Control Notices; Acquisition of Shares of Health Resources and Services Administration Bank or Bank Holding Companies, 1621 NOTICES Proposals to Engage in Permissible Nonbanking Activities Agency Information Collection Activities; Proposals, or to Acquire Companies that are Engaged in Submissions, and Approvals, 1622–1623 Permissible Nonbanking Activities, 1621–1622

Federal Retirement Thrift Investment Board Homeland Security Department PROPOSED RULES NOTICES Meetings; Sunshine Act, 1622 Chemical Facility Anti-Terrorism Standards, 1552–1555

Financial Crisis Inquiry Commission Housing and Urban Development Department NOTICES RULES Meetings: HOPE for Homeowners Program: Financial Crisis Inquiry Commission, 1583 Statutory Transfer of Program Authority to HUD and Conforming Amendments to Adopt Recently Enacted Fiscal Service Statutory Changes, 1686–1696 NOTICES NOTICES Agency Information Collection Activities; Proposals, Public Housing Assessment System: Submissions, and Approvals, 1683 Asset Management Transition Year 2 Information, 1632– Application and Renewal Fees Imposed on Surety 1634 Companies and Reinsuring Companies: Increase in Fees Imposed, 1683–1684 Indian Health Service NOTICES Fish and Wildlife Service Privacy Act; Systems of Records, 1625–1632 PROPOSED RULES Endangered and Threatened Wildlife and Plants: Information Security Oversight Office 12-month Finding on a Petition To Revise Critical Habitat PROPOSED RULES for the Florida Manatee, 1574–1581 National Industrial Security Program Directive No. 1; 90-Day Finding on a Petition to List the Eastern Correction, 1566 Population of the Gopher Tortoise as Threatened, 1567–1568 Interior Department Proposed Designation of Critical Habitat for (Large- See Fish and Wildlife Service Flowered Woolly Meadowfoam) and Lomatium See Land Management Bureau cookii (Cook’s Lomatium), 1568–1574 See Minerals Management Service

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Internal Revenue Service Applications: NOTICES Pacific Halibut Fisheries; Limited Access for Guided Meetings: Sport Charter Vessels in Alaska, 1595 Art Advisory Panel, 1684 Lobster Harvest Guidelines: Western Pacific Crustacean Fisheries; 2010 Northwestern International Trade Administration Hawaiian Islands, 1597 NOTICES Antidumping: Nuclear Regulatory Commission Silicon Metal from the People’s Republic of China, 1592– PROPOSED RULES 1595 Receipt of Petition for Rulemaking: Preliminary Determination of Sales at Less Than Fair Value Association of State and Territorial Solid Waste and Postponement of Final Determination: Management Officials, 1559–1560 Wire Decking from the People’s Republic of China, 1597– NOTICES 1608 Biweekly Notice; Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Labor Department Considerations, 1655–1656 See Mine Safety and Health Administration Draft Safety Culture Policy Statement, 1656–1657 Meetings; Sunshine Act, 1657–1658 Land Management Bureau Withdrawal of Regulatory Guide (7.5), 1658 NOTICES Agency Information Collection Activities; Proposals, Patent and Trademark Office Submissions, and Approvals, 1647–1648 NOTICES Application for Recordable Disclaimer of Interest, Florida, Agency Information Collection Activities; Proposals, 1650 Submissions, and Approvals, 1591–1592 Environmental Impact Statements; Availability, etc.: Proposed HB Potash, LLC – ‘‘In-Situ’’ Solution Mine Postal Regulatory Commission Project, Eddy County, NM, 1650–1651 NOTICES Realty Action: FY 2009 Annual Compliance Report; Comment Request, Recreation and Public Purposes Act Classification, Lease 1658–1660 and Conveyance of Public Land, Idaho, 1653 Postal Service Mine Safety and Health Administration RULES NOTICES Purchasing of Property and Services, 1541–1543 Agency Information Collection Activities; Proposals, Treatment of Undeliverable Books and Sound Recordings, Submissions, and Approvals, 1655 1540–1541

Minerals Management Service Public Debt Bureau NOTICES See Fiscal Service Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1634–1650 Research and Innovative Technology Administration States’ Decisions on Participating in Accounting and NOTICES Auditing Relief for Federal Oil and Gas Marginal Intents to Suspend Competitions: Properties, 1654 University Transportation Centers (UTC) Program Grants, 1681 National Archives and Records Administration See Information Security Oversight Office Rural Housing Service National Highway Traffic Safety Administration NOTICES RULES Agency Information Collection Activities; Proposals, Insurer Reporting Requirements: Submissions, and Approvals, 1585 List of Insurers Required to File Reports, 1548–1551 NOTICES Securities and Exchange Commission Receipt of Petition for Decision: NOTICES Nonconforming 2001 and 2002 Ducati MH900e Agency Information Collection Activities; Proposals, Motorcycles are Eligible for Importation, 1681–1683 Submissions, and Approvals, 1662–1664 Self-Regulatory Organizations; Proposed Rule Changes: National Institute of Standards and Technology Financial Industry Regulatory Authority, Inc., 1672–1674 NOTICES International Securities Exchange, LLC, 1667–1668, Establishment of NIST Smart Grid Advisory Committee and 1674–1676, 1678–1680 Solicitation of Nominations for Members, 1595–1596 New York Stock Exchange LLC, 1669–1670 NYSE Amex LLC, 1664–1667, 1670–1672, 1676–1678 National Oceanic and Atmospheric Administration PROPOSED RULES Small Business Administration Endangered and Threatened Species: NOTICES Designation of Critical Habitat for the Cook Inlet Beluga Agency Information Collection Activities; Proposals, Whale, 1582 Submissions, and Approvals, 1660 NOTICES Disaster Declarations: Agency Information Collection Activities; Proposals, Alabama, 1661 Submissions, and Approvals, 1591 Louisiana, 1661

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New York, 1660–1661 See Internal Revenue Service Small Business Size Standards: See United States Mint Waiver of the Nonmanufacturer Rule, 1662 United States Mint State Department NOTICES NOTICES Meetings: Culturally Significant Objects Imported for Exhibition Citizens Coinage Advisory Committee, 1684 Determinations: Giovanni Boldini in Impressionist Paris, 1680–1681 Western Area Power Administration Roman Art, 1680 NOTICES Meetings: Final Power Allocations: Advisory Committee on International Postal and Delivery Post-2010 Resource Pool, Pick–Sloan Missouri Basin Services, 1681 Program; Eastern Division, 1616

Surface Transportation Board NOTICES Separate Parts In This Issue Release of Waybill Data, 1683 Part II Textile Agreements Implementation Committee Housing and Urban Development Department, 1686–1696 See Committee for the Implementation of Textile Agreements

Transportation Department Reader Aids See Federal Aviation Administration Consult the Reader Aids section at the end of this page for See Federal Railroad Administration phone numbers, online resources, finding aids, reminders, See National Highway Traffic Safety Administration and notice of recently enacted public laws. See Research and Innovative Technology Administration To subscribe to the Federal Register Table of Contents See Surface Transportation Board LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list Treasury Department archives, FEDREGTOC-L, Join or leave the list (or change See Fiscal Service 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.

6 CFR Proposed Rules: 27...... 1552 7 CFR 984...... 1525 Proposed Rules: 205...... 1555 10 CFR Proposed Rules: 32...... 1559 14 CFR 25...... 1527 39 (5 documents) ...1527, 1529, 1533, 1536, 1538 Proposed Rules: 39 (2 documents) ....1560, 1563 24 CFR 257...... 1686 32 CFR Proposed Rules: 2004...... 1566 39 CFR 111...... 1540 601...... 1541 40 CFR 52...... 1543 81...... 1543 Proposed Rules: 50...... 1566 58...... 1566 47 CFR 73...... 1546 48 CFR Proposed Rules: 225...... 1567 252...... 1567 49 CFR 219...... 1547 544...... 1548 50 CFR Proposed Rules: 17 (3 documents) ...1567, 1568, 1574 226...... 1582

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Rules and Regulations Federal Register Vol. 75, No. 7

Tuesday, January 12, 2010

This section of the FEDERAL REGISTER 2491, Fax: (202) 720–8938, or e-mail: number of votes that must be cast, as contains regulatory documents having general [email protected]. well as any other procedures that are applicability and legal effect, most of which necessary when the voting is by any of are keyed to and codified in the Code of SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing Order these communication methods. Section Federal Regulations, which is published under 984.45(d) of the order provides 50 titles pursuant to 44 U.S.C. 1510. No. 984, as amended (7 CFR part 984), regulating the handling of walnuts authority for the Board to meet by The Code of Federal Regulations is sold by grown in California, hereinafter referred telephone or other means of the Superintendent of Documents. Prices of to as the ‘‘order.’’ The order is effective communication. new books are listed in the first FEDERAL under the Agricultural Marketing Currently, Section 984.445 of the REGISTER issue of each week. Agreement Act of 1937, as amended order’s administrative regulations (7 U.S.C. 601–674), hereinafter referred prescribes procedures for voting by mail ‘‘ ’’ or telegram but does not include DEPARTMENT OF AGRICULTURE to as the Act. The Department of Agriculture procedures for voting by other means of communication, such as e-mail, Agricultural Marketing Service (USDA) is issuing this rule in conformance with Executive Order facsimile, telephone, or videoconference. 7 CFR Part 984 12866. This final rule has been reviewed At its meeting on May 18, 2009, the [Doc. No. AMS–FV–09–0050; FV09–984–5 under Executive Order 12988, Civil Board discussed the need to change the FR] Justice Reform. This rule is not intended order’s administrative regulations to to have retroactive effect. include the use of current Walnuts Grown in California; Changes The Act provides that administrative communication technologies to conduct to Regulations Governing Voting proceedings must be exhausted before business at non-assembled meetings, as Procedures parties may file suit in court. Under authorized by a recent amendment to section 608c(15)(A) of the Act, any the order (73 FR 11328, March 3, 2008). AGENCY: Agricultural Marketing Service, handler subject to an order may file Prior to the amendment, the Board had USDA. with USDA a petition stating that the the authority to vote by mail or telegram ACTION: Final rule. order, any provision of the order, or any upon due notice to all members but not obligation imposed in connection with to hold non-assembled meetings. As SUMMARY: This rule revises the the order is not in accordance with law amended, the order provides for non- administrative regulations governing and request a modification of the order assembled meetings, but voting voting procedures for the California or to be exempted therefrom. A handler requirements and procedures for all Walnut Board (Board). The Board is afforded the opportunity for a hearing such communication methods needed to locally administers the marketing order on the petition. After the hearing, USDA be recommended by the Board and that regulates the handling of walnuts would rule on the petition. The Act established through informal grown in California (order). This rule provides that the district court of the rulemaking. The Board unanimously specifies the voting procedures to be United States in any district in which recommended these changes at its used for expanded types of non- the handler is an inhabitant, or has his meeting on May 18, 2009. assembled meetings and removes voting or her principal place of business, has Using current communication by telegraph. This will enable the Board jurisdiction to review USDA’s ruling on methods and technology to vote at non- to conduct business using current the petition, provided an action is filed assembled meetings on matters deemed communication methods, which will not later than 20 days after the date of to be non-controversial, administrative, result in time and cost savings to the the entry of the ruling. or of an emergency nature will result in Board and its members. This final rule revises the cost savings by reducing time and travel DATES: Effective Date: January 13, 2010. administrative regulations governing the expenses of Board members, many of FOR FURTHER INFORMATION CONTACT: Board’s voting procedures to implement whom are walnut producers and Debbie Wray, Marketing Specialist, or authority from a recent amendment to handlers who must travel long distances Kurt J. Kimmel, Regional Manager, the order. It expands the current within California to attend meetings. California Marketing Field Office, procedures for voting by allowing voting Other Board expenses associated with Marketing Order Administration by e-mail, facsimile, telephone, and holding assembled meetings, such as Branch, Fruit and Vegetable Programs, videoconference, or by other means of reserving meeting spaces, may also be AMS, USDA; Telephone: (559) 487– communication. This rule was reduced. 5901, Fax: (559) 487–5906, or e-mail: unanimously recommended by the This final rule expands the [email protected] or Board at a meeting on May 18, 2009. procedures currently prescribed for [email protected]. Section 984.45(b) of the California voting by mail or telegram to include Small businesses may request walnut marketing order specifies the voting by e-mail and facsimile. In information on complying with this percentage requirements for quorum addition, reference to voting by telegram regulation by contacting Jay Guerber, and voting procedures of the Board. will be removed from the regulations Marketing Order Administration Section 984.45(c) of the order provides since this communication method Branch, Fruit and Vegetable Programs, authority for the Board to vote by mail generally has been replaced by newer AMS, USDA, 1400 Independence or telegram, or by any other means of technology. Finally, voting by roll call Avenue, SW., STOP 0237, Washington, communication, and to prescribe, with will be prescribed for meetings DC 20250–0237; Telephone: (202) 720– the approval of USDA, the minimum conducted by telephone,

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videoconference, or any other method of majority of California’s walnut growers The Board’s meeting was widely communication that enables interaction would be considered small growers publicized throughout the walnut of Board members to ensure each according to SBA’s definition. industry, and all interested persons member’s vote by such method is According to information supplied by were invited to attend the meeting and accurately recorded. the industry, approximately one-half of participate in Board deliberations on all California’s walnut handlers shipped Final Regulatory Flexibility Analysis issues. Like all Board meetings, the May merchantable walnuts valued under 18, 2009, meeting was a public meeting, Pursuant to requirements set forth in $7,000,000 during the 2008–09 and all entities, both large and small, the Regulatory Flexibility Act (RFA) marketing year and would therefore be were able to express views on this issue. (5 U.S.C. 601–612), the Agricultural considered small handlers according to A proposed rule concerning this Marketing Service (AMS) has the SBA definition. action was published in the Federal considered the economic impact of this This final rule revises procedures Register on October 9, 2009 (74 FR action on small entities. Accordingly, currently prescribed under § 984.445 of 52154). Copies of the proposed rule AMS has prepared this final regulatory the order for voting by mail and were also mailed or sent via facsimile to flexibility analysis. telegram to include other means of Board members and walnut handlers. The purpose of the RFA is to fit communication, including e-mail, Finally, the rule was made available regulatory actions to the scale of facsimile, telephone, and through the Internet by USDA and the business subject to such actions in order videoconference. This revision to the Office of the Federal Register. A 60-day that small businesses will not be unduly regulations incorporates authority from comment period ending December 8, or disproportionately burdened. a recent amendment to the order 2009, was provided to allow interested Marketing orders issued pursuant to the concerning voting procedures and persons to respond to the proposal. No Act, and the rules issued thereunder, are allows the Board to conduct business at comments were received. unique in that they are brought about non-assembled meetings using current A small business guide on complying through group action of essentially methods of communication. Authority with fruit, vegetable, and specialty crop small entities acting on their own for this action is provided in § 984.45 of marketing agreements and orders may behalf. the order. be viewed at: http://www.ams.usda.gov/ There are currently 58 handlers of The majority of the Board’s members AMSv1.0/ams.fetchTemplateData. California walnuts subject to regulation are walnut producers and handlers who do?template=TemplateN&page= under the marketing order, and there are are located at various locations MarketingOrdersSmallBusinessGuide. approximately 4,500 growers in the throughout California, and it can be Any questions about the compliance production area. Small agricultural difficult to assemble these members in guide should be sent to Jay Guerber at service firms are defined by the Small one location for a meeting, especially the previously mentioned address in the Business Administration (SBA) (13 CFR during harvest season. By prescribing FOR FURTHER INFORMATION CONTACT 121.201) as those having annual receipts procedures for voting by the section. of less than $7,000,000, and small communication methods authorized by After consideration of all relevant agricultural growers are defined as those the order, the Board will be able to vote matters presented, including the having annual receipts of less than on non-controversial, administrative, or information and recommendation $750,000. emergency matters at non-assembled USDA’s National Agricultural submitted by the Board and other meetings, which will reduce travel time available information, it is hereby found Statistics Service (NASS) reports that and expenses for producer and handler California walnuts were harvested from that this rule, as hereinafter set forth, Board members. Board expenses will tend to effectuate the declared a total of 223,000 bearing acres during associated with holding assembled 2008–09. The average yield for the policy of the Act. meetings, such as the cost of reserving It is further found that good cause 2008–09 crop was 1.96 tons per acre, a meeting room, may also be reduced. exists for not postponing the effective which is higher than the 1.56 tons per The Board unanimously date of this rule until 30 days after acre average for the previous five years. recommended these changes, which are publication in the Federal Register NASS reported the value of the 2008– necessary to implement authority (5 U.S.C. 553) because the regulations 09 crop at $1,210 per ton, which is provided by a recent amendment to the governing voting procedures should lower than the previous five-year order. Therefore, no alternatives to these reflect the authority that was average of $1,598 per ton. changes were considered practicable. implemented by a recent amendment to At the time of the 2007 Census of This action will not impose any the order. Also, this action was Agriculture, which is the most recent additional reporting or recordkeeping recommended at a public meeting. information available, approximately 89 requirements on either small or large Finally, a 60-day comment period was percent of California’s walnut farms walnut handlers. As with all Federal provided for in the proposed rule, and were smaller than 100 acres. Fifty-four marketing order programs, reports and no comments were received. percent were between 1 and 15 acres. A forms are periodically reviewed to 100-acre farm with an average yield of reduce information requirements and List of Subjects in 7 CFR Part 984 1.96 tons per acre would have been duplication by industry and public Marketing agreements, Nuts, expected to produce about 196 tons of sector agencies. Reporting and recordkeeping walnuts during 2008–09. At $1,210 per AMS is committed to complying with requirements, Walnuts. ton, that farm’s production would have the E-Government Act, to promote the ■ had an approximate value of $237,000. use of the Internet and other For the reasons set forth in the Assuming that the majority of information technologies to provide preamble, 7 CFR part 984 is amended as California’s walnut farms are still increased opportunities for citizen follows: smaller than 100 acres, it could be access to Government information and PART 984—WALNUTS GROWN IN concluded that the majority of the services, and for other purposes. CALIFORNIA growers had receipts of less than USDA has not identified any relevant $237,000 in 2008–09. This is well below Federal rules that duplicate, overlap or ■ 1. The authority citation for 7 CFR the SBA threshold of $750,000; thus, the conflict with this rule. part 984 continues to read as follows:

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Authority: 7 U.S.C. 601–674. telephone (425) 227–22793 facsimile S–2 right, between station (STA) 827 (425) 227–1230; or e-mail: and STA 847, and repair if necessary. ■ 2. Section 984.445 is revised to read [email protected]. This AD results from a report of a hole as follows: SUPPLEMENTARY INFORMATION: The in the fuselage skin common to stringer § 984.445 Procedures for voting by mail, e- document designated as ‘‘Docket No. S–1 and S–2 left, between STA 827 and mail, telephone, videoconference, facsimile, NM405, Special Conditions No. 25– STA 847 on an airplane that diverted to or any other means of communication. 283–SC’’ was published in the Federal an alternate airport due to cabin (a) Whenever the Board votes upon Register on June 5, 2009 (74 FR 26946). depressurization and subsequent any proposition by mail, e-mail, or The document issued special conditions deployment of the oxygen masks. We facsimile, at least six members or pertaining to passenger seats with non- are issuing this AD to detect and correct alternates acting as members must vote traditional, large, non-metallic panels fatigue cracking of the fuselage skin and one dissenting vote shall prevent its for the Bombardier, Inc., Model DHC–8– panels at the chem-milled steps, which adoption. Each proposition to be voted 100, –200, –300, and –400 series could result in sudden fracture and upon by mail, e-mail, or facsimile shall airplanes. failure of the fuselage skin panels, and specify a time limit for members to vote, As published, the document consequent rapid decompression of the after which the alternates shall be given contained an incorrect Special airplane. the opportunity to vote. Conditions number; one that was used DATES: This AD is effective February 16, (b) Whenever the Board conducts for a different set of special conditions. 2010. meetings by telephone, To correct that problem, the special The Director of the Federal Register videoconference, or any technology that conditions number pertaining to these approved the incorporation by reference enables member interaction, the vote special conditions is being changed. of a certain publication listed in the AD shall be conducted by roll call. Since no part of the regulatory as of February 16, 2010. Dated: January 6, 2010. information has been changed, the ADDRESSES: For service information David R. Shipman, special conditions are not being identified in this AD, contact Boeing Acting Administrator, Agricultural Marketing republished. Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, Service. Correction [FR Doc. 2010–316 Filed 1–11–10; 8:45 am] MC 2H–65, Seattle, Washington 98124– BILLING CODE 3410–02–P In Final special conditions; request 2207; telephone 206–544–5000, for comment document FR Doc. E9– extension 1; fax 206–766–5680; e-mail 13187, published on June 5, 2009 (74 FR [email protected]; Internet DEPARTMENT OF TRANSPORTATION 26946), make the following correction: https://www.myboeingfleet.com. 1. On page 26946, in the first column, Examining the AD Docket Federal Aviation Administration fifth line, change No. 25–283–SC to No. 25–394–SC. You may examine the AD docket on 14 CFR Part 25 Issued in Renton, Washington, on the Internet at http:// December 28, 2009. www.regulations.gov; or in person at the [Docket No. NM405, Special Conditions No. Ali Bahrami, Docket Management Facility between 9 25–394–SC] a.m. and 5 p.m., Monday through Manager, Transport Airplane Directorate, Friday, except Federal holidays. The AD Special Conditions: Bombardier, Inc., Aircraft Certification Service. docket contains this AD, the regulatory Model DHC–8–100, –200, –300, and [FR Doc. 2010–290 Filed 1–11–10; 8:45 am] evaluation, any comments received, and –400 Series Airplanes; Passenger BILLING CODE 4910–13–P other information. The address for the Seats With Non-Traditional, Large, Docket Office (telephone 800–647–5527) Non-Metallic Panels DEPARTMENT OF TRANSPORTATION is the Document Management Facility, AGENCY: Federal Aviation U.S. Department of Transportation, Administration (FAA), DOT. Federal Aviation Administration Docket Operations, M–30, West ACTION: Final special conditions; request Building Ground Floor, Room W12–140, for comments; correction. 14 CFR Part 39 1200 New Jersey Avenue, SE., Washington, DC 20590. [Docket No. FAA–2009–0788; Directorate SUMMARY: This document makes a FOR FURTHER INFORMATION CONTACT: correction to a Final special conditions; Identifier 2009–NM–193–AD; Amendment 39–16167; AD 2010–01–09] Wayne Lockett, Aerospace Engineer, request for comment document, Airframe Branch, ANM–120S, FAA, published in the Federal Register on RIN 2120–AA64 Seattle Aircraft Certification Office, June 5, 2009 (74 FR 26946), which 1601 Lind Avenue, SW., Renton, Airworthiness Directives; The Boeing issued special conditions for the Washington 98057–3356; telephone Company Model 737–300, –400, and Bombardier, Inc., Model DHC–8–100, (425) 917–6447; fax (425) 917–6590. –500 Series Airplanes –200, –300, and –400 series airplanes, SUPPLEMENTARY INFORMATION: for passenger seats with non-traditional, AGENCY: Federal Aviation Discussion large, non-metallic panels. The Final Administration (FAA), DOT. special conditions; request for comment ACTION: Final rule. We issued a notice of proposed document, included an incorrect rulemaking (NPRM) to amend 14 CFR Special Conditions number. SUMMARY: We are adopting a new part 39 to include an airworthiness FOR FURTHER INFORMATION CONTACT: airworthiness directive (AD) for certain directive (AD) that would apply to Michael Menkin, FAA, Standardization Model 737–300, –400, and –500 series certain Model 737–300, –400, and –500 Branch, ANM–113, Transport Airplane airplanes. This AD requires repetitive series airplanes. That NPRM was Directorate, Aircraft Certification external non-destructive inspections to published in the Federal Register on Service, 1601 Lind Avenue, SW., detect cracks in the fuselage skin along September 15, 2009 (74 FR 47148). That Renton, Washington 98057–3356; the chem-mill step at stringers S–1 and NPRM proposed to require repetitive

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external non-destructive inspections to We do not agree to remove the revised paragraphs (i)(2) and (j) of this detect cracks in the fuselage skin along criterion in paragraph (i) of this AD. As AD to delegate the authority to approve the chem-mill step at stringers S–1 and we stated in the NPRM, September 3, an alternative method of compliance for S–2 right, between station (STA) 827 2009, is the date Boeing Service Bulletin any repair required by this AD to the and STA 847, and repair if necessary. 737–53A1301 became available to Boeing Commercial Airplanes ODA. operators to address the identified Comments unsafe condition. However, affected Conclusion We gave the public the opportunity to operators may request approval to use a We reviewed the relevant data, participate in developing this AD. We repair installed prior to September 3, considered the comment received, and considered the comments received from 2009, as an alternative method of determined that air safety and the the three commenters. compliance, under the provisions of public interest require adopting the AD paragraph (j) of the final rule. We have with the changes described previously. Support for the NPRM made no change to this final rule in this We also determined that these changes regard. Boeing and the National will not increase the economic burden Transportation Safety Board concur Explanation of Changes Made to This on any operator or increase the scope of with the NPRM. AD the AD. Request To Revise Criteria for Optional We have revised this AD to identify Interim Action Terminating Action the legal name of the manufacturer as published in the most recent type We consider this AD interim action. If Southwest Airlines (SWA) requests certificate data sheet for the affected final action is later identified, we might that we revise paragraph (i) of the airplane models. consider further rulemaking then. NPRM to remove the first criterion In addition, Boeing Commercial Costs of Compliance specified for the optional terminating Airplanes has received an Organization action so that repairs installed prior to Designation Authorization (ODA), We estimate that this AD affects 135 September 3, 2009, would be allowed. which replaces their previous airplanes of U.S. registry. The following SWA did not provide justification for designation as a Delegation Option table provides the estimated costs for this request. Authorization (DOA) holder. We have U.S. operators to comply with this AD.

TABLE—ESTIMATED COSTS

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

Inspection ...... 2 $80 $160, per inspection cycle 135 $21,600, per inspection cycle.

Authority for This Rulemaking government and the States, or on the PART 39—AIRWORTHINESS Title 49 of the United States Code distribution of power and DIRECTIVES specifies the FAA’s authority to issue responsibilities among the various ■ rules on aviation safety. Subtitle I, levels of government. 1. The authority citation for part 39 section 106, describes the authority of For the reasons discussed above, I continues to read as follows: the FAA Administrator. ‘‘Subtitle VII: certify that this AD: Authority: 49 U.S.C. 106(g), 40113, 44701. Aviation Programs,’’ describes in more (1) Is not a ‘‘significant regulatory detail the scope of the Agency’s action’’ under Executive Order 12866, § 39.13 [Amended] authority. (2) Is not a ‘‘significant rule’’ under ■ 2. The FAA amends § 39.13 by adding We are issuing this rulemaking under DOT Regulatory Policies and Procedures the following new AD: the authority described in ‘‘Subtitle VII, (44 FR 11034, February 26, 1979), and 2010–01–09 The Boeing Company: Part A, Subpart III, Section 44701: (3) Will not have a significant Amendment 39–16167. Docket No. ’’ General requirements. Under that economic impact, positive or negative, FAA–2009–0788; Directorate Identifier section, Congress charges the FAA with on a substantial number of small entities 2009–NM–193–AD. promoting safe flight of civil aircraft in under the criteria of the Regulatory Effective Date air commerce by prescribing regulations Flexibility Act. for practices, methods, and procedures You can find our regulatory (a) This airworthiness directive (AD) is the Administrator finds necessary for effective February 16, 2010. evaluation and the estimated costs of safety in air commerce. This regulation compliance in the AD Docket. Affected ADs is within the scope of that authority because it addresses an unsafe condition List of Subjects in 14 CFR Part 39 (b) None. that is likely to exist or develop on Applicability products identified in this rulemaking Air transportation, Aircraft, Aviation (c) This AD applies to The Boeing action. safety, Incorporation by reference, Safety. Company Model 737–300, –400, and –500 Regulatory Findings series airplanes, certificated in any category; Adoption of the Amendment as identified in Boeing Alert Service Bulletin This AD will not have federalism 737–53A1301, dated September 3, 2009. implications under Executive Order ■ Accordingly, under the authority 13132. This AD will not have a delegated to me by the Administrator, Subject substantial direct effect on the States, on the FAA amends 14 CFR part 39 as (d) Air Transport Association (ATA) of the relationship between the national follows: America Code 53: Fuselage.

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Unsafe Condition authority to approve AMOCs for this AD, if DEPARTMENT OF TRANSPORTATION (e) This AD results from a report of a hole requested using the procedures found in 14 in the fuselage skin common to stringer S– CFR 39.19. Send information to ATTN: Federal Aviation Administration 1 and S–2 left, between STA 827 and STA Wayne Lockett, Aerospace Engineer, 847 on an airplane that diverted to an Airframe Branch, ANM–120S, FAA, Seattle 14 CFR Part 39 alternate airport due to cabin ACO, 1601 Lind Avenue, SW., Renton, [Docket No. FAA–2009–1226; Directorate depressurization and subsequent deployment Washington 98057–3356; telephone (425) Identifier 2009–NM–149–AD; Amendment of the oxygen masks. We are issuing this AD 917–6447; fax (425) 917–6590. Or, e-mail to detect and correct fatigue cracking of the 39–16164; AD 2008–10–10 R1] information to 9-ANM-Seattle-ACO-AMOC- fuselage skin panels at the chem-milled RIN 2120–AA64 steps, which could result in sudden fracture [email protected]. and failure of the fuselage skin panels, and (2) To request a different method of consequent rapid decompression of the compliance or a different compliance time Airworthiness Directives; The Boeing airplane. for this AD, follow the procedures in 14 CFR Company Model 737–600, –700, –700C, 39.19. Before using any approved AMOC on –800, and –900 Series Airplanes Compliance any airplane to which the AMOC applies, AGENCY: Federal Aviation (f) You are responsible for having the notify your principal maintenance inspector Administration (FAA), Department of actions required by this AD performed within (PMI) or principal avionics inspector (PAI), the compliance times specified, unless the as appropriate, or lacking a principal Transportation (DOT). actions have already been done. inspector, your local Flight Standards District ACTION: Final rule; request for Initial and Repetitive Inspections Office. The AMOC approval letter must comments. (g) Before the accumulation of 35,000 total specifically reference this AD. SUMMARY: flight cycles, or within 500 flight cycles after (3) An AMOC that provides an acceptable The FAA is revising an the effective date of this AD, whichever level of safety may be used for any repair existing airworthiness directive (AD), occurs later: Except as provided by paragraph required by this AD if it is approved by the which applies to certain Model 737– (i) of this AD, do an external non-destructive Boeing Commercial Airplanes ODA that has 600, –700, –700C, –800, and –900 series inspection (NDI) to detect cracks in the been authorized by the Manager, Seattle ACO airplanes. That AD currently requires fuselage skin along the chem-mill steps at to make those findings. For a repair method revising the Airworthiness Limitations stringers S–1 and S–2 right, between STA to be approved, the repair must meet the (AWLs) section of the Instructions for 827 and STA 847, in accordance with the certification basis of the airplane, and the Continued Airworthiness by Accomplishment Instructions of Boeing Alert approval must specifically refer to this AD. Service Bulletin 737–53A1301, dated incorporating new limitations for fuel tank systems to satisfy Special Federal September 3, 2009. If no cracking is found, Material Incorporated by Reference repeat the inspection thereafter at intervals Aviation Regulation No. 88 not to exceed 500 flight cycles, except as (k) You must use Boeing Alert Service requirements. That AD also requires an provided by paragraph (i) of this AD. Bulletin 737–53A1301, dated September 3, initial inspection to phase in certain 2009, to do the actions required by this AD, Repair repetitive AWL inspections, and repair unless the AD specifies otherwise. if necessary. This AD clarifies the (h) If any crack is found during any (1) The Director of the Federal Register intended effect of the AD on spare and inspection required by this AD, and Boeing approved the incorporation by reference of on-airplane fuel tank system Alert Service Bulletin 737–53A1301, dated this service information under 5 U.S.C. components. This AD results from a September 3, 2009, specifies to contact 552(a) and 1 CFR part 51. Boeing for repair instructions: Before further (2) For service information identified in design review of the fuel tank systems. flight, repair the crack using a method this AD, contact Boeing Commercial We are issuing this AD to prevent the approved in accordance with the procedures Airplanes, Attention: Data & Services potential for ignition sources inside fuel specified in paragraph (j) of this AD. Management, P.O. Box 3707, MC 2H–65, tanks caused by latent failures, Optional Terminating Action for Repetitive Seattle, Washington 98124–2207; telephone alterations, repairs, or maintenance Inspections 206–544–5000, extension 1; fax 206–766– actions, which, in combination with (i) Installing an external repair doubler 5680; e-mail [email protected]; flammable fuel vapors, could result in a along the chem-milled steps at stringers S– Internet https://www.myboeingfleet.com. fuel tank explosion and consequent loss 1 and S–2 right, between STA 827 and STA (3) You may review copies of the service of the airplane. 847, constitutes terminating action for the information at the FAA, Transport Airplane DATES: This AD is effective January 27, repetitive inspections required by paragraph Directorate, 1601 Lind Avenue, SW., Renton, 2010. (g) of this AD for the repaired area only, Washington. For information on the provided all of the conditions specified in The Director of the Federal Register availability of this material at the FAA, call approved the incorporation by reference paragraphs (i)(1), (i)(2), and (i)(3) of this AD 425–227–1221 or 425–227–1152. are met. The initial inspection required by of a certain publication listed in the AD (4) You may also review copies of the paragraph (g) of this AD must be as of January 27, 2010. accomplished. service information that is incorporated by On June 12, 2008 (73 FR 25986, May (1) The repair is installed after September reference at the National Archives and 8, 2008), the Director of the Federal 3, 2009; Records Administration (NARA). For Register approved the incorporation by information on the availability of this (2) The repair was approved by the FAA reference of a certain other publication material at NARA, call 202–741–6030, or go or by a Boeing Company Authorized listed in the AD. Representative or the Boeing Commercial to: http://www.archives.gov/federal_register/ Airplanes Organization Designation code_of_federal_regulations/ We must receive any comments on Authorization (ODA) authorized by the FAA ibr_locations.html. this AD by February 26, 2010. to make such findings; and ADDRESSES: You may send comments by (3) The repair extends a minimum of three Issued in Renton, Washington, on any of the following methods: December 21, 2009. rows of fasteners on each side of the chem- • Federal eRulemaking Portal: Go to mill line in the circumferential direction. Ali Bahrami, http://www.regulations.gov. Follow the Alternative Methods of Compliance Manager, Transport Airplane Directorate, instructions for submitting comments. (AMOCs) Aircraft Certification Service. • Fax: 202–493–2251. (j)(1) The Manager, Seattle Aircraft [FR Doc. E9–31288 Filed 1–11–10; 8:45 am] • Mail: U.S. Department of Certification Office (ACO), FAA, has the BILLING CODE 4910–13–P Transportation, Docket Operations, M–

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30, West Building Ground Floor, Room explosion and consequent loss of the to give credit for actions required by W12–140, 1200 New Jersey Avenue, SE., airplane. paragraphs (g) and (h) of this AD that Washington, DC 20590. Critical design configuration control were done before the effective date of • Hand Delivery: U.S. Department of limitations (CDCCLs) are limitation this AD in accordance with Section 9, Transportation, Docket Operations, M– requirements to preserve a critical Revision September 2009, dated 30, West Building Ground Floor, Room ignition source prevention feature of the September 2009, of Boeing 737–600/ W12–140, 1200 New Jersey Avenue, SE., fuel tank system design that is necessary 700/800/900 MPD Document, Washington, DC 20590, between 9 a.m. to prevent the occurrence of an unsafe D626A001–CMR, and the following and 5 p.m., Monday through Friday, condition. The purpose of a CDCCL is earlier revisions: Revision March 2008, except Federal holidays. to provide instruction to retain the Revision April 2008, Revision June For service information identified in critical ignition source prevention 2008, Revision February 2009, Revision this AD, contact Boeing Commercial feature during configuration change that March 2009, and Revision August 2009. Airplanes, Attention: Data & Services may be caused by alterations, repairs, or maintenance actions. A CDCCL is not a FAA’s Determination and Requirements Management, P.O. Box 3707, MC 2H–65, of This AD Seattle, Washington 98124–2207; periodic inspection. The unsafe condition described telephone 206–544–5000, extension 1; Actions Since AD Was Issued fax 206–766–5680; e-mail previously is likely to exist or develop [email protected]; Internet Since we issued that AD, we have on other airplanes of the same type https://www.myboeingfleet.com. determined that it is necessary to clarify design. For this reason, we are issuing the AD’s intended effect on spare and this AD to revise AD 2008–10–10. This Examining the AD Docket on-airplane fuel tank system new AD retains the requirements of the You may examine the AD docket on components, regarding the use of existing AD, and adds a new note to the Internet at http:// maintenance manuals and instructions clarify the intended effect of the AD on www.regulations.gov; or in person at the for continued airworthiness. spare and on-airplane fuel tank system Docket Management Facility between 9 Section 91.403(c) of the Federal components. Aviation Regulations (14 CFR 91.403(c)) a.m. and 5 p.m., Monday through Explanation of Additional Changes to specifies the following: Friday, except Federal holidays. The AD AD docket contains this AD, the regulatory No person may operate an aircraft for AD 2008–10–10 allowed the use of evaluation, any comments received, and which a manufacturer’s maintenance manual alternative inspections, intervals, or other information. The street address for or instructions for continued airworthiness CDCCLs if they are part of a later the Docket Office (telephone 800–647– has been issued that contains an airworthiness limitation section unless the revision of the Boeing 737–600/700/ 5527) is in the ADDRESSES section. mandatory * * * procedures * * * have 800/900 MPD Document, D626A001– Comments will be available in the AD been complied with. CMR, Revision March 2008. AD 2008– docket shortly after receipt. Some operators have questioned 10–10 also allowed the use of later FOR FURTHER INFORMATION CONTACT: whether existing components affected revisions of the Boeing 737–600/700/ Thomas Thorson, Aerospace Engineer, by the new CDCCLs must be reworked. 800/900 MPD Document, D626A001– Propulsion Branch, ANM–140S, Seattle We did not intend for the AD to CMR. Those provisions have been Aircraft Certification Office, FAA, 1601 retroactively require rework of removed from this AD. Allowing the use Lind Avenue, SW., Renton, Washington components that had been maintained of ‘‘a later revision’’ or ‘‘later FAA- 98057–3356; telephone (425) 917–6508; using acceptable methods before the approved revisions’’ of specific service fax (425) 917–6590. effective date of the AD. Owners and documents violates Office of the Federal SUPPLEMENTARY INFORMATION: operators of the affected airplanes Register regulations for approving materials that are incorporated by Discussion therefore are not required to rework affected components identified as reference. Affected operators, however, On April 29, 2008, we issued AD airworthy or installed on the affected may request approval to use a later 2008–10–10, Amendment 39–15516 (73 airplanes before the required revisions revision or an alternative CDCCL, FR 25986, May 8, 2008). That AD of the AWLs. But once the CDCCLs are inspection, or interval, that is part of a applied to certain Model 737–600, –700, incorporated into the AWLs, future later revision of the referenced service –700C, –800, and –900 series airplanes. maintenance actions on components documents as an alternative method of That AD required revising the must be done in accordance with those compliance, under the provisions of Airworthiness Limitations (AWLs) CDCCLs. paragraph (m) of this AD. section of the Instructions for Continued We have revised paragraphs (g)(1), Airworthiness (ICA) by incorporating Relevant Service Information (g)(2), (g)(3), and (h) of this AD to new limitations for fuel tank systems to AD 2008–10–10 cites Boeing remove the term ‘‘Revision March 2008 satisfy Special Federal Aviation Temporary Revision 09–020, dated of the MPD,’’ which is defined in Regulation No. 88 requirements. That March 2008, to the Boeing 737–600/700/ paragraph (f) of this AD. We have AD also requires an initial inspection to 800/900 Maintenance Planning Data provided the full document citation phase in certain repetitive AWL (MPD) Document, D626A001–CMR. throughout this AD to avoid any inspections, and repair if necessary. Since we issued that AD, Boeing has confusion about which specific That AD resulted from a design review revised Section 9 of the referenced document is being referenced. However, of the fuel tank systems. The actions service information. We have reviewed we have not removed the ‘‘Service specified in that AD are intended to the revised document. Section 9, Information Reference’’ paragraph from prevent the potential for ignition Revision September 2009, dated this AD. Because this AD revises AD sources inside fuel tanks caused by September 2009, of Boeing 737–600/ 2008–10–10, we cannot change latent failures, alterations, repairs, or 700/800/900 MPD, Document paragraph references, which would maintenance actions, which, in D626A001–CMR, adds no new adversely affect compliance. Therefore, combination with flammable fuel procedures in regard to fuel tank safety. we have determined that leaving vapors, could result in a fuel tank We have added paragraph (l) of this AD paragraph (f) of this AD unchanged is a

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less burdensome approach for operators, Costs of Compliance There are about 1,960 airplanes of the while still adhering to standard drafting affected design in the worldwide fleet. guidance. This revision imposes no additional The following table provides the We have revised this AD to identify economic burden. The current costs for estimated costs, at an average labor rate the legal name of the manufacturer as this AD are repeated for the of $80 per work hour, for U.S. operators published in the most recent type convenience of affected operators, as to comply with this AD. certificate data sheet for the affected follows: airplane models.

ESTIMATED COSTS

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

AWLs revision ...... 8 None ...... $640 682 $436,480 Inspection ...... 8 None ...... 640 682 436,480

FAA’s Justification and Determination We are issuing this rulemaking under Adoption of the Amendment of the Effective Date the authority described in Subtitle VII, ■ Accordingly, under the authority Part A, Subpart III, Section 44701, This revision merely clarifies the delegated to me by the Administrator, ‘‘General requirements.’’ Under that intended effect on spare and on-airplane the FAA amends part 39 of the Federal section, Congress charges the FAA with fuel tank system components, and Aviation Regulations (14 CFR part 39) as promoting safe flight of civil aircraft in makes no substantive change to the follows: AD’s requirements. For this reason, it is air commerce by prescribing regulations found that notice and opportunity for for practices, methods, and procedures PART 39—AIRWORTHINESS prior public comment for this action are the Administrator finds necessary for DIRECTIVES unnecessary, and good cause exists for safety in air commerce. This regulation ■ 1. The authority citation for part 39 making this amendment effective in less is within the scope of that authority continues to read as follows: than 30 days. because it addresses an unsafe condition that is likely to exist or develop on Authority: 49 U.S.C. 106(g), 40113, 44701. Comments Invited products identified in this rulemaking § 39.13 [Amended] This AD is a final rule that involves action. ■ 2. The FAA amends § 39.13 by requirements affecting flight safety, and Regulatory Findings we did not provide you with notice and removing Amendment 39–15516 (73 FR an opportunity to provide your We have determined that this AD will 25986, May 8, 2008) and adding the comments before it becomes effective. not have federalism implications under following new AD: However, we invite you to send any Executive Order 13132. This AD will 2008–10–10 R1 The Boeing Company: written data, views, or arguments about not have a substantial direct effect on Amendment 39–16164. Docket No. this AD. Send your comments to an the States, on the relationship between FAA–2009–1226; Directorate Identifier address listed under the ADDRESSES the national government and the States, 2009–NM–149–AD. section. Include ‘‘Docket No. FAA– or on the distribution of power and Effective Date 2009–1226; Directorate Identifier 2009– responsibilities among the various (a) This airworthiness directive (AD) is NM–149–AD’’ at the beginning of your levels of government. effective January 27, 2010. comments. We specifically invite For the reasons discussed above, I Affected ADs comments on the overall regulatory, certify that the regulation: economic, environmental, and energy (b) This AD revises AD 2008–10–10, aspects of this AD. We will consider all 1. Is not a ‘‘significant regulatory Amendment 39–15516. action’’ under Executive Order 12866; comments received by the closing date Applicability and may amend this AD because of 2. Is not a ‘‘significant rule’’ under the (c) This AD applies to The Boeing those comments. DOT Regulatory Policies and Procedures Company Model 737–600, –700, –700C, We will post all comments we (44 FR 11034, February 26, 1979); and –800, and –900 series airplanes, certificated receive, without change, to http:// 3. Will not have a significant in any category, with an original standard www.regulations.gov, including any economic impact, positive or negative, airworthiness certificate or original export personal information you provide. We certificate of airworthiness issued before on a substantial number of small entities March 31, 2006. will also post a report summarizing each under the criteria of the Regulatory Note 1: Airplanes with an original standard substantive verbal contact we receive Flexibility Act. about this AD. airworthiness certificate or original export We prepared a regulatory evaluation certificate of airworthiness issued on or after Authority for This Rulemaking of the estimated costs to comply with March 31, 2006, must already be in this AD and placed it in the AD docket. compliance with the airworthiness Title 49 of the United States Code limitations specified in this AD because See the ADDRESSES section for a location specifies the FAA’s authority to issue those limitations were applicable as part of rules on aviation safety. Subtitle I, to examine the regulatory evaluation. the airworthiness certification of those Section 106, describes the authority of List of Subjects in 14 CFR Part 39 airplanes. the FAA Administrator. Subtitle VII, Note 2: This AD requires revisions to Aviation Programs, describes in more Air transportation, Aircraft, Aviation certain operator maintenance documents to detail the scope of the Agency’s safety, Incorporation by reference, include new inspections. Compliance with authority. Safety. these inspections is required by 14 CFR

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91.403(c). For airplanes that have been 700/800/900 MPD Document, D626A001– Credit for Actions Done According to previously modified, altered, or repaired in CMR, Revision March 2008; or Section 9, Previous Revisions of the MPD the areas addressed by these inspections, the Revision September 2009, dated September (j) Actions done before June 12, 2008, in operator may not be able to accomplish the 2009, of the Boeing 737–600/700/800/900 accordance with the following MPDs are inspections described in the revisions. In this MPD Document, D626A001–CMR. As an acceptable for compliance with the situation, to comply with 14 CFR 91.403(c), optional action, AWLs No. 28–AWL–23 and corresponding requirements of paragraphs (g) the operator must request approval for an No. 28–AWL–24, as identified in Subsection and (h) of this AD: Section 9 of the Boeing alternative method of compliance (AMOC) G of Boeing TR 09–020, dated March 2008, 737–600/700/700C/700IGW/800/900 MPD according to paragraph (m) of this AD. The to the Boeing 737–600/700/800/900 MPD Document, D626A001–CMR, Revision March request should include a description of Document, D626A001–CMR, Revision March 2006; Revision May 2006; Revision October changes to the required inspections that will 2008; or Section 9, Revision September 2009, 2006; Revision November 2006; or Revision ensure the continued operational safety of dated September 2009, of the Boeing 737– November 2006 R1; or Section 9 of the the airplane. 600/700/800/900 MPD Document, Boeing 737–600/700/800/900 MPD D626A001–CMR; also may be incorporated Unsafe Condition Document, D626A001–CMR, Revision March into the AWLs section of the ICA. 2007; Revision March 2007 R1; Revision (d) This AD results from a design review March 2007 R2; or Revision February 2008. of the fuel tank systems. We are issuing this Initial Inspection and Repair if Necessary AD to prevent the potential for ignition (h) At the later of the compliance times Terminating Action for AD 2008–06–03, sources inside fuel tanks caused by latent specified in paragraphs (h)(1) and (h)(2) of Amendment 39–15415 failures, alterations, repairs, or maintenance this AD, do a special detailed inspection of (k) Incorporating AWLs No. 28–AWL–21, actions, which, in combination with the lightning shield to ground termination on No. 28–AWL–22, and No. 28–AWL–24 into flammable fuel vapors, could result in a fuel the out-of-tank fuel quantity indication the AWLs section of the ICA in accordance tank explosion and consequent loss of the system (FQIS) wiring to verify functional with paragraph (g) of this AD terminates the airplane. integrity, in accordance with AWL No. action required by paragraph (h)(1) of AD Compliance 28–AWL–03 of Subsection G of Boeing TR 2008–06–03. 09–020, dated March 2008, to the Boeing New Information (e) You are responsible for having the 737–600/700/800/900 MPD Document, actions required by this AD performed within D626A001–CMR, Revision March 2008; or Explanation of CDCCL Requirements the compliance times specified, unless the Section 9, Revision September 2009, dated actions have already been done. September 2009, of the Boeing 737–600/700/ Note 4: Notwithstanding any other maintenance or operational requirements, Restatement of Requirements of AD 2008– 800/900 MPD Document, D626A001–CMR. If components that have been identified as 10–10, With Revised Service Information any discrepancy is found during the airworthy or installed on the affected inspection, repair the discrepancy before Service Information Reference airplanes before the revision of the AWLs, as further flight in accordance with AWL No. required by paragraph (g) of this AD, do not (f) The term ‘‘Revision March 2008 of the 28–AWL–03 of Subsection G of Boeing TR need to be reworked in accordance with the MPD,’’ as used in this AD, means Boeing 09–020, dated March 2008, to the Boeing CDCCLs. However, once the AWLs have been Temporary Revision (TR) 09–020, dated 737–600/700/800/900 MPD Document, revised, future maintenance actions on these March 2008, to the Boeing 737–600/700/800/ D626A001–CMR, Revision March 2008; or components must be done in accordance 900 Maintenance Planning Data (MPD) Section 9, Revision September 2009, dated with the CDCCLs. Document, D626A001–CMR, Revision March September 2009, of the Boeing 737–600/700/ 2008. 800/900 MPD Document, D626A001–CMR. Credit for Actions Done According to Revision to Airworthiness Limitations Accomplishing AWL No. 28–AWL–03 as part Previous Revisions of the MPD of an FAA-approved maintenance program (AWLs) Section (l) Actions done before the effective date of before the applicable compliance time (g) Before December 16, 2008, revise the this AD, in accordance with the following specified in paragraph (h)(1) or (h)(2) of this AWLs section of the Instructions for MPDs are acceptable for compliance with the AD constitutes compliance with the Continued Airworthiness (ICA) by corresponding requirements of paragraphs (g) requirements of this paragraph. incorporating into the MPD the information and (h) of this AD: Section 9 of the Boeing in the subsections specified in paragraphs Note 3: For the purposes of this AD, a 737–600/700/800/900 MPD Document, (g)(1), (g)(2), and (g)(3) of this AD; except that special detailed inspection is: ‘‘An intensive D626A001–CMR, Revision March 2008; the initial inspection required by paragraph examination of a specific item, installation, Revision April 2008; Revision June 2008; (h) of this AD must be done at the applicable or assembly to detect damage, failure, or Revision February 2009; Revision March compliance time specified in that paragraph. irregularity. The examination is likely to 2009; or Revision August 2009. (1) Subsection E, ‘‘AIRWORTHINESS make extensive use of specialized inspection LIMITATIONS—FUEL SYSTEMS,’’ of Boeing techniques and/or equipment. Intricate Alternative Methods of Compliance TR 09–020, dated March 2008, to the Boeing cleaning and substantial access or (AMOCs) 737–600/700/800/900 MPD Document, disassembly procedure may be required.’’ (m)(1) The Manager, Seattle Aircraft D626A001–CMR, Revision March 2008; or of (1) Within 120 months since the date of Certification Office (ACO), FAA, has the Section 9, Revision September 2009, dated issuance of the original standard authority to approve AMOCs for this AD, if September 2009, of the Boeing 737–600/700/ airworthiness certification or the date of requested using the procedures found in 14 800/900 Maintenance Planning Data (MPD) issuance of the original export certificate of CFR 39.19. Send information to ATTN: Document, D626A001–CMR. airworthiness. Thomas Thorson, Aerospace Engineer, (2) Subsection F, ‘‘PAGE FORMAT: FUEL (2) Within 24 months after June 12, 2008 Propulsion Branch, ANM–140S, FAA, Seattle SYSTEM AIRWORTHINESS LIMITATIONS,’’ (the effective date of AD 2008–10–10). Aircraft Certification Office, 1601 Lind of Boeing TR 09–020, dated March 2008, to Avenue, SW., Renton, Washington 98057– the Boeing 737–600/700/800/900 MPD No Alternative Inspections, Inspection 3356; telephone (425) 917–6508; fax (425) Document, D626A001–CMR, Revision March Intervals, or Critical Design Configuration 917–6590. Or, e-mail information to 9-ANM- 2008; or Section 9, Revision September 2009, Control Limitations (CDCCLs) [email protected]. dated September 2009, of the Boeing 737– (i) After accomplishing the actions (2) To request a different method of 600/700/800/900 MPD Document, specified in paragraphs (g) and (h) of this AD, compliance or a different compliance time D626A001–CMR. no alternative inspections, inspection for this AD, follow the procedures in 14 CFR (3) Subsection G, ‘‘AIRWORTHINESS intervals, or CDCCLs may be used unless the 39.19. Before using any approved AMOC on LIMITATIONS—FUEL SYSTEM AWLs,’’ inspections, intervals, or CDCCLs are any airplane to which the AMOC applies, AWLs No. 28–AWL–01 through No. 28– approved as an AMOC in accordance with notify your principal maintenance inspector AWL–22 inclusive, of Boeing TR 09–020, the procedures specified in paragraph (m) of (PMI) or principal avionics inspector (PAI), dated March 2008, to the Boeing 737–600/ this AD. as appropriate, or lacking a principal

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inspector, your local FSDO. The AMOC DEPARTMENT OF TRANSPORTATION extension 1; fax 206–766–5680; e-mail approval letter must specifically reference [email protected]; Internet this AD. Federal Aviation Administration https://www.myboeingfleet.com. (3) AMOCs approved previously in accordance with AD 2008–10–10 are 14 CFR Part 39 Examining the AD Docket approved as AMOCs for the corresponding You may examine the AD docket on [Docket No. FAA–2009–0655; Directorate provisions of this AD. the Internet at http:// Identifier 2008–NM–192–AD; Amendment www.regulations.gov; or in person at the Material Incorporated by Reference 39–16157; AD 2010–01–01] Docket Management Facility between 9 (n) You must use Boeing Temporary RIN 2120–AA64 a.m. and 5 p.m., Monday through Revision 09–020, dated March 2008, to the Friday, except Federal holidays. The AD Boeing 737–600/700/800/900 Maintenance Airworthiness Directives; The Boeing docket contains this AD, the regulatory Planning Data (MPD) Document D626A001– Company Model 747–200F, 747–200C, evaluation, any comments received, and CMR; or Section 9, Revision September 2009, 747–400, 747–400D, and 747–400F other information. The address for the dated September 2009, of the Boeing 737– Series Airplanes Docket Office (telephone 800–647–5527) 600/700/800/900 MPD Document, AGENCY: Federal Aviation is the Document Management Facility, D626A001–CMR; to do the actions required Administration (FAA), Department of U.S. Department of Transportation, by this AD, unless the AD specifies Transportation (DOT). Docket Operations, M–30, West otherwise. Building Ground Floor, Room W12–140, ACTION: Final rule. (1) The Director of the Federal Register 1200 New Jersey Avenue, SE., approved the incorporation by reference of SUMMARY: The FAA is superseding an Washington, DC 20590. Section 9, Revision September 2009, dated existing airworthiness directive (AD), FOR FURTHER INFORMATION CONTACT: Ivan September 2009, of the Boeing 737–600/700/ which applies to all Model 747–200F, Li, Aerospace Engineer, Airframe 800/900 MPD Document, D626A001–CMR, 747–200C, 747–400, 747–400D, and Branch, ANM–120S, FAA, Seattle under 5 U.S.C. 552(a) and 1 CFR part 51. 747–400F series airplanes. That AD Aircraft Certification Office, 1601 Lind (2) The Director of the Federal Register currently requires repetitive inspections Avenue, SW., Renton, Washington previously approved the incorporation by 98057–3356; telephone (425) 917–6437; reference of Boeing Temporary Revision 09– for cracking of certain fuselage internal fax (425) 917–6590. 020, dated March 2008, to the Boeing 737– structure (i.e., Sections 42 and 46 600/700/800/900 Maintenance Planning Data fuselage frames, upper deck floor beams, SUPPLEMENTARY INFORMATION: electronic bay access door cutout, nose (MPD) Document, D626A001–CMR, on June Discussion 12, 2008 (73 FR 25986, May 8, 2008). wheel well, and main entry doors and The FAA issued a notice of proposed (3) For service information identified in door cutouts), and repair if necessary. rulemaking (NPRM) to amend 14 CFR this AD, contact Boeing Commercial This new AD requires additional part 39 to include an AD that Airplanes, Attention: Data & Services repetitive inspections for cracking of supersedes AD 2006–05–02, Management, P.O. Box 3707, MC 2H–65, certain fuselage structure (i.e., Section Amendment 39–14499 (71 FR 10605, Seattle, Washington 98124–2207; telephone 41 fuselage frames where they connect 206–544–5000, extension 1; fax 206–766– to upper deck floor beams, and Section March 2, 2006). The existing AD applies 5680; e-mail [email protected]; 41 fuselage frames between stringers (S– to all Model 747–200F, 747–200C, 747– Internet https://www.myboeingfleet.com. 8 and S–12)), and related investigative/ 400, 747–400D, and 747–400F series (4) You may review copies of the service corrective actions if necessary. This AD airplanes. That NPRM was published in information at the FAA, Transport Airplane also reduces the inspection threshold the Federal Register on July 23, 2009 Directorate, 1601 Lind Avenue, SW., Renton, and repetitive inspection intervals for (74 FR 36417). That NPRM proposed to Washington. For information on the certain airplanes. This AD results from continue to require repetitive availability of this material at the FAA, call fatigue tests and analysis that identified inspections for cracking of certain 425–227–1221 or 425–227–1152. additional areas of the fuselage where fuselage internal structure (i.e., Sections (5) You may also review copies of the fatigue cracks can occur. We are issuing 42 and 46 fuselage frames, upper deck service information that is incorporated by this AD to prevent the loss of structural floor beams, electronic bay access door reference at the National Archives and integrity of the fuselage, which could cutout, nose wheel well, and main entry Records Administration (NARA). For result in rapid depressurization of the doors and door cutouts), and repair if information on the availability of this airplane. necessary. That NPRM proposed to material at NARA, call 202–741–6030, or go require additional repetitive inspections DATES: This AD becomes effective to: http://www.archives.gov/federal_register/ for cracking of certain fuselage structure _ _ _ February 16, 2010. (i.e., Section 41 fuselage frames where code of federal regulations/ The Director of the Federal Register ibr_locations.html. they connect to upper deck floor beams, approved the incorporation by reference and Section 41 fuselage frames between Issued in Renton, Washington, on of a certain publication listed in the AD stringer (S–8 and S–12)), and related December 23, 2009. as of February 16, 2010. investigative/corrective actions if Ali Bahrami, The Director of the Federal Register necessary. That NPRM also proposed to Manager, Transport Airplane Directorate, approved the incorporation by reference reduce the inspection threshold and Aircraft Certification Service. of Boeing Alert Service Bulletin 747– repetitive inspection intervals for [FR Doc. E9–31031 Filed 1–11–10; 8:45 am] 53A2500, dated December 21, 2004, as certain airplanes. That NPRM resulted of April 6, 2006 (71 FR 10605, March 2, BILLING CODE 4910–13–P from fatigue tests and analysis that 2006). identified areas of the fuselage where ADDRESSES: For service information fatigue cracks can occur. identified in this AD, contact Boeing Commercial Airplanes, Attention: Data Comments & Services Management, P.O. Box 3707, We provided the public the MC 2H–65, Seattle, Washington 98124– opportunity to participate in the 2207; telephone 206–544–5000, development of this AD. We have

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considered the comments that have a reference to Boeing Alert Service neither increase the economic burden been received on the NPRM. Bulletin 747–53A2500, Revision 1, on any operator nor increase the scope dated September 25, 2008. Boeing states Request To Revise References in of the AD. that both the original and Revision 1 of Paragraph (m)(4) of the NPRM Boeing Alert Service Bulletin 747– Explanation of Changes Made to This Boeing requests that paragraph (m)(4) 53A2500 provide inspections that are an AD of the NPRM be revised to reference AMOC to AD 2004–07–22 R1. paragraphs (h) and (i)—not paragraphs We have revised this AD to identify (c) and (d). Boeing states that in AD We agree for the reasons provided by the legal name of the manufacturer as 2004–07–22 R1, Amendment 39–15326 the commenter. We have revised published in the most recent type (73 FR 1052, January 7, 2008), paragraph paragraph (m)(4)(ii) of this AD certificate data sheet for the affected identifiers (c) and (d) were revised to (h) accordingly. airplane models. and (i). Conclusion Costs of Compliance We agree. We have revised paragraph (m)(4) of this final rule accordingly. In We have carefully reviewed the There are about 640 airplanes of the addition, we have revised paragraph available data, including the comments affected design in the worldwide fleet. (m)(4)(i) of this AD to change the that have been received, and determined The following table provides the that air safety and the public interest reference from paragraph (d) to estimated costs for U.S. operators to require adopting the AD with the paragraph (i) of AD 2004–07–22 R1. comply with this AD. The average labor Boeing also requests that paragraph changes described previously. We have (m)(4)(ii) of the NPRM be revised to add determined that these changes will rate is $80 per work hour.

ESTIMATED COSTS

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

Inspections (required by 260 None required ...... $20,800 per inspection 71 $1,476,800 per inspec- AD 2006–05–02). cycle. tion cycle. Inspections of additional 7 None required ...... $560 per inspection cycle 71 $39,760 per inspection areas (new required ac- cycle. tion).

Authority for This Rulemaking For the reasons discussed above, I § 39.13 [Amended] Title 49 of the United States Code certify that this AD: ■ 2. The Federal Aviation specifies the FAA’s authority to issue (1) Is not a ‘‘significant regulatory Administration (FAA) amends § 39.13 rules on aviation safety. Subtitle I, action’’ under Executive Order 12866; by removing Amendment 39–14499 (71 Section 106, describes the authority of (2) Is not a ‘‘significant rule’’ under FR 10605, March 2, 2006) and by adding the FAA Administrator. Subtitle VII, DOT Regulatory Policies and Procedures the following new airworthiness Aviation Programs, describes in more (44 FR 11034, February 26, 1979); and directive (AD): (3) Will not have a significant detail the scope of the Agency’s 2010–01–01 The Boeing Company: authority. economic impact, positive or negative, Amendment 39–16157. Docket No. We are issuing this rulemaking under on a substantial number of small entities FAA–2009–0655; Directorate Identifier the authority described in Subtitle VII, under the criteria of the Regulatory 2008–NM–192–AD. Flexibility Act. Part A, Subpart III, Section 44701, Effective Date ‘‘General requirements.’’ Under that We prepared a regulatory evaluation section, Congress charges the FAA with of the estimated costs to comply with (a) This AD becomes effective February 16, 2010. promoting safe flight of civil aircraft in this AD and placed it in the AD docket. air commerce by prescribing regulations See the ADDRESSES section for a location Affected ADs for practices, methods, and procedures to examine the regulatory evaluation. (b) This AD supersedes AD 2006–05–02, the Administrator finds necessary for Amendment 39–14499. List of Subjects in 14 CFR Part 39 safety in air commerce. This regulation Applicability is within the scope of that authority Air transportation, Aircraft, Aviation because it addresses an unsafe condition safety, Incorporation by reference, (c) This AD applies to all The Boeing Safety. Company Model 747–200F, 747–200C, 747– that is likely to exist or develop on 400, 747–400D, and 747–400F series products identified in this rulemaking Adoption of the Amendment airplanes; certificated in any category. action. ■ Accordingly, under the authority Subject Regulatory Findings delegated to me by the Administrator, (d) Air Transport Association (ATA) of We have determined that this AD will the FAA amends 14 CFR part 39 as America Code 53: Fuselage. not have federalism implications under follows: Unsafe Condition Executive Order 13132. This AD will not have a substantial direct effect on PART 39—AIRWORTHINESS (e) This AD results from fatigue tests and analysis that identified additional areas of the States, on the relationship between DIRECTIVES the fuselage where fatigue cracks can occur. the national government and the States, ■ 1. The authority citation for part 39 We are issuing this AD to prevent the loss of or on the distribution of power and structural integrity of the fuselage, which responsibilities among the various continues to read as follows: could result in rapid depressurization of the levels of government. Authority: 49 U.S.C. 106(g), 40113, 44701. airplane.

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Compliance actions specified in the Accomplishment December 21, 2004; or Boeing Alert Service (f) You are responsible for having the Instructions of Boeing Alert Service Bulletin Bulletin 747–53A2500, Revision 1, dated actions required by this AD performed within 747–53A2500, Revision 1, dated September September 25, 2008. the compliance times specified, unless the 25, 2008; except as required by paragraph (h) (5) An AMOC that provides an acceptable actions have already been done. of this AD. Do the initial and repetitive level of safety may be used for any repair inspections at the times specified in required by this AD, if it is approved by an Restatement of Requirements of AD 2006– paragraph 1.E. of Boeing Alert Service 05–02, With Updated Service Information Bulletin 747–53A2500, Revision 1, dated Authorized Representative for the Boeing and Reduced Compliance Times for Group September 25, 2008, except as required by Commercial Airplanes Delegation Option 8 Airplanes paragraph (k) of this AD. Repair all cracking Authorization Organization who has been before further flight. authorized by the Manager, Seattle ACO, to Inspections (k) Where Boeing Alert Service Bulletin make those findings. For a repair method to (g) Do initial and repetitive inspections for 747–53A2500, Revision 1, dated September be approved, the repair must meet the fuselage cracks using applicable internal and 25, 2008, specifies a compliance time after certification basis of the airplane, and the external detailed inspection methods, and the date on Revision 1 of the service bulletin, approval must specifically refer to this AD. repair all cracks, by doing all the actions this AD requires compliance within the specified in the Accomplishment specified compliance time after the effective Material Incorporated by Reference Instructions of Boeing Alert Service Bulletin date of this AD. 747–53A2500, dated December 21, 2004; or (n) You must use Boeing Alert Service (l) For Group 8 airplanes, inspection of Bulletin 747–53A2500, dated December 21, Revision 1, dated September 25, 2008; except Areas 2 and 5 identified in Boeing Alert 2004, as of April 6, 2006: or Boeing Alert as required by paragraph (h) or provided by Service Bulletin 747–53A2500, dated paragraph (l) of this AD. After the effective December 21, 2004, as required by paragraph Service Bulletin 747–53A2500, Revision 1, date of this AD, Boeing Alert Service Bulletin (g) of this AD, is no longer required. dated September 25, 2008; as applicable; to 747–53A2500, Revision 1, dated September do the actions required by this AD, unless the 25, 2008, must be used. Do the initial and Alternative Methods of Compliance AD specifies otherwise. repetitive inspections at the applicable times (AMOCs) (1) The Director of the Federal Register specified in paragraph (g)(1) or (g)(2) of this (m)(1) The Manager, Seattle ACO, FAA, approved the incorporation by reference of AD, except as required by paragraph (j) of has the authority to approve AMOCs for this Boeing Alert Service Bulletin 747–53A2500, this AD. Repair any crack before further flight AD, if requested using the procedures found after detection. Revision 1, dated September 25, 2008, under in 14 CFR 39.19. Send information to ATTN: 5 U.S.C. 552(a) and 1 CFR part 51. (1) For Groups 1 through 7, 9, and 10 Ivan Li, Aerospace Engineer, Airframe (2) The Director of the Federal Register identified in Boeing Alert Service Bulletin Branch, ANM–120S, FAA, Seattle Aircraft 747–53A2500, Revision 1, dated September Certification Office, 1601 Lind Avenue, SW., approved the incorporation by reference of 25, 2008: Do the initial and repetitive Renton, Washington 98057–3356; telephone Boeing Alert Service Bulletin 747–53A2500, inspections at the times specified in (425) 917–6437; fax (425) 917–6590. Or, e- dated December 21, 2004, as of April 6, 2006 paragraph 1.E. of Boeing Alert Service mail information to 9-ANM-Seattle-ACO- (71 FR 10605, March 2, 2006). Bulletin 747–53A2500, dated December 21, [email protected]. (3) For service information identified in 2004, except as required by paragraph (i) of (2) To request a different method of this AD, contact Boeing Commercial this AD. compliance or a different compliance time Airplanes, Attention: Data & Services (2) For Group 8 airplanes identified in for this AD, follow the procedures in 14 CFR Management, P.O. Box 3707, MC 2H–65, Boeing Alert Service Bulletin 747–53A2500, 39.19. Before using any approved AMOC on Revision 1, dated September 25, 2008: Do the Seattle, Washington 98124–2207; telephone any airplane to which the AMOC applies, 206–544–5000, extension 1; fax 206–766– initial and repetitive inspections at the notify your principal maintenance inspector 5680; e-mail [email protected]; applicable time specified in paragraph 1.E. of (PMI) or principal avionics inspector (PAI), Boeing Alert Service Bulletin 747–53A2500, as appropriate, or lacking a principal Internet Revision 1, dated September 25, 2008, except inspector, your local Flight Standards District https://www.myboeingfleet.com. as required by paragraph (k) of this AD. Office. The AMOC approval letter must (4) You may review copies of the service Exceptions to Service Bulletin Procedures specifically reference this AD. information at the FAA, Transport Airplane (3) AMOCs approved previously in Directorate, 1601 Lind Avenue, SW., Renton, (h) If any crack is found during any accordance with AD 2006–05–02 are Washington. For information on the inspection required by this AD, and Boeing approved as alternative methods of Alert Service Bulletin 747–53A2500, dated availability of this material at the FAA, call compliance with the corresponding 425–227–1221 or 425–227–1152. December 21, 2004; or Revision 1, dated requirements of this AD. September 25, 2008; specifies to contact (5) You may also review copies of the (4) Accomplishment of the inspections service information that is incorporated by Boeing for appropriate action: Before further specified in this AD is considered an AMOC reference at the National Archives and flight, repair the crack using a method for the applicable requirements of paragraphs approved in accordance with the procedures (h) and (i) of AD 2004–07–22 R1, Records Administration (NARA). For specified in paragraph (m) of this AD. Amendment 39–15326, under the conditions information on the availability of this (i) Where Boeing Alert Service Bulletin specified in paragraphs (m)(4)(i) and material at NARA, call 202–741–6030, or go 747–53A2500, dated December 21, 2004; or (m)(4)(ii) of this AD. to: http://www.archives.gov/federal_register/ Revision 1, dated September 25, 2008; (i) The inspections specified in this AD code_of_federal_regulations/ specifies a compliance time after the date on must be done within the compliance times ibr_locations.html. the original issue of the service bulletin, this specified in AD 2004–07–22 R1. The initial Issued in Renton, Washington, on AD requires compliance within the specified inspection specified in this AD must be done compliance time after April 6, 2006 (the at the times specified in paragraph (i) of AD December 17, 2009. effective date of AD 2006–05–02). 2004–07–22 R1, and the inspections Stephen P. Boyd, New Requirements of This AD specified in this AD must be repeated within Acting Manger, Transport Airplane the intervals specified in paragraph (g) of this Directorate, Aircraft Certification Service. Actions for Additional Areas AD. [FR Doc. E9–30968 Filed 1–11–10; 8:45 am] (j) For the additional inspection areas of (ii) The AMOC specified in paragraph Groups 1 through 7, 9, and 10 airplanes, (m)(4) of this AD applies only to the areas of BILLING CODE 4910–13–P identified in Boeing Alert Service Bulletin Boeing Supplemental Structural Inspection 747–53A2500, Revision 1, dated September Document for Model 747 Airplanes, 25, 2008: Do initial and repetitive inspections Document D6–35022, Revision G, dated for cracking of the inspection areas, and, as December 2000, that are specified in Boeing applicable, repair cracking, by doing all the Alert Service Bulletin 747–53A2500, dated

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DEPARTMENT OF TRANSPORTATION is the Document Management Facility, granted by the Manager, Seattle Aircraft U.S. Department of Transportation, Certification Office (ACO), FAA. Federal Aviation Administration Docket Operations, M–30, West We infer that CAL is asking that we Building Ground Floor, Room W12–140, revise the supplemental NPRM to clarify 14 CFR Part 39 1200 New Jersey Avenue, SE., whether the corrective actions are [Docket No. FAA–2008–0669; Directorate Washington, DC 20590. compliant with EAPAS regulations or Identifier 2007–NM–350–AD; Amendment FOR FURTHER INFORMATION CONTACT: MPD AWLs. We partially agree with 39–16166; AD 2010–01–08] Nancy Marsh, Aerospace Engineer, CAL’s request. We agree that operators Airframe Branch, ANM–120S, FAA, benefit from notification that certain RIN 2120–AA64 Seattle Aircraft Certification Office, repairs covered by this AD are also Airworthiness Directives; The Boeing 1601 Lind Avenue, SW., Renton, potentially subject to compliance with Company Model 737–600, –700, and Washington 98057–3356, telephone the requirements of AD 2008–10–10, –800 Series Airplanes (425) 917–6440; fax (425) 917–6590. Amendment 39–15516 (73 FR 25986, SUPPLEMENTARY INFORMATION: May 8, 2008). AD 2008–10–10 mandates AGENCY: Federal Aviation AWLs 28–AWL–11 and 28–AWL–12 Administration (FAA), DOT. Discussion and requires that any new penetration ACTION: Final rule. We issued a supplemental notice of into the fuel tank be approved for proposed rulemaking (NPRM) to amend lightning considerations by the FAA, SUMMARY: We are adopting a new 14 CFR part 39 to include an Seattle ACO. airworthiness directive (AD) for certain airworthiness directive (AD) that would We disagree that a change to the Model 737–600, –700, and –800 series apply to certain Model 737–600, –700, supplemental NPRM is necessary. On airplanes. This AD requires an and –800 series airplanes. That April 15, 2009, Boeing issued inspection of the free flange, vertical supplemental NPRM was published in MultiOperator Message (MOM) MOM– web, and radius between the free flange the Federal Register on March 6, 2009 09–0178–01B, applicable to the and vertical web of the lower stringers (74 FR 9776). That supplemental NPRM following ADs: of the wing center section for drill starts, proposed to require an inspection of the • AD 2008–04–11, Amendment 39– and applicable related investigative and free flange, vertical web, and radius 15383 (73 FR 9666, February 22, 2008) corrective actions. This AD results from between the free flange and vertical web • AD 2008–04–10, Amendment 39– drill starts being found on the free of the lower stringers of the wing center 15382 (73 FR 9668, February 22, 2008) flange of the lower stringers of the wing section for drill starts, and applicable • AD 2008–10–09, Amendment 39– center section during a quality related investigative and corrective 15515 (73 FR 25970, May 8, 2008) • assurance inspection at the final actions. AD 2008–10–10, Amendment 39– 15516 (73 FR 25986, May 8, 2008) assembly plant. We are issuing this AD Comments • to prevent cracks from propagating from AD 2008–10–07, Amendment 39– We gave the public the opportunity to 15513 (73 FR 25977, May 8, 2008) drill starts in the free flange, vertical • web, and radius between the free flange participate in developing this AD. We AD 2008–10–06, Amendment 39– and vertical web of the lower stringers considered the comments received from 15512 (73 FR 25990, May 8, 2008) • AD 2008–10–11, Amendment 39– of the wing center section lower the commenters. 15517 (73 FR 25974, May 8, 2008) stringers, which could cause a loss of Support for the Supplemental NPRM • AD 2008–11–01, Amendment 39– structural integrity of the wing center Air Transport Association (ATA), on 15523 (73 FR 29414, May 21, 2008) section and may result in a fuel leak. behalf of its member, Continental • AD 2008–11–13, Amendment 39– DATES: This AD is effective February 16, Airlines (CAL), expresses support for 15536 (73 FR 30737, May 29, 2008) 2010. the compliance time. This MOM notifies operators that the The Director of the Federal Register FAA issued an alternative method of approved the incorporation by reference Request To Align NPRMs Affecting Areas Under Enhanced Airworthiness compliance (AMOC) to the same ADs. of a certain publication listed in the AD This AMOC states: as of February 16, 2010. Program for Airplane Systems (EAPAS) Regulations or Maintenance Planning Any alteration, design change, or repair ADDRESSES: For service information Documents involving new penetrations of the fuel tanks identified in this AD, contact Boeing (such as a repair with fasteners, adding a Commercial Airplanes, Attention: Data ATA, on behalf of its member CAL, bracket, bulkhead fitting or equipment) or & Services Management, P.O. Box 3707, notes that Boeing Alert Service Bulletin change to the design features of the existing MC 2H–65, Seattle, Washington 98124– 73–57A1294, dated April 23, 2007, was equipment penetrations (such as fuel 2207; telephone 206–544–5000, issued before airworthiness limitations measuring sticks, sump drain valves, fueling extension 1; fax 206–766–5680; e-mail (AWLs) 28–AWL–11 and 28–AWL–12 manifold, fuel temperature sensor, and motor [email protected]; Internet were published. CAL points out that the operated fuel shutoff valve adapter plate) https://www.myboeingfleet.com. service bulletin states to contact Boeing requires approval by the FAA Seattle ACO or for repair instructions for crack findings an Authorized Representative (AR) of the Examining the AD Docket Boeing Commercial Airplanes Delegated to comply with the requirements of the Compliance Organization (BDCO). You may examine the AD docket on supplemental NPRM. However, CAL However, any alteration, design change or the Internet at http:// states the supplemental NPRM and the repair involving new penetrations of the fuel www.regulations.gov; or in person at the service bulletin do not address how to tanks, accomplished in accordance with an Docket Management Facility between comply with AWLs 28–AWL–11 and FAA-approved Boeing Structural Repair 9 a.m. and 5 p.m., Monday through 28–AWL–12 of Section 9 of the Boeing Manual (SRM) or Boeing Service Bulletin is Friday, except Federal holidays. The AD 737–600/700/800/900 MPD Document not subject to this requirement for additional docket contains this AD, the regulatory D626A001–CMR if the repair approval. evaluation, any comments received, and instructions require installing fasteners We consider that this AMOC and the other information. The address for the into the fuel tank. CAL notes that FAA subsequent MOM supplied by Boeing is Docket Office (telephone 800–647–5527) approval of the MPD AWLs can only be sufficient notification and clarification

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because the MOM states that certain per product to comply with this AD. PART 39—AIRWORTHINESS Boeing service bulletins do not require The average labor rate is $80 per work- DIRECTIVES additional approval in accordance with hour. Based on these figures, we AD 2008–10–10. We have not changed estimate the cost of this AD to the U.S. ■ 1. The authority citation for part 39 the AD in regard to this issue. operators to be $9,520, or $560 per continues to read as follows: product. Authority: 49 U.S.C. 106(g), 40113, 44701. Request To Allow ARs To Approve Repairs Authority for This Rulemaking § 39.13 [Amended] ATA, on behalf of its member CAL, Title 49 of the United States Code ■ 2. The FAA amends § 39.13 by adding requests that we revise the specifies the FAA’s authority to issue the following new AD: supplemental NPRM to grant delegated rules on aviation safety. Subtitle I, 2010–01–08 The Boeing Company: authority to Boeing to approve repairs section 106, describes the authority of Amendment 39–16166. Docket No. mandated by this AD and AWLs 28– the FAA Administrator. ‘‘Subtitle VII: FAA–2008–0669; Directorate Identifier AWL–11 and 28–AWL–12 of Section 9 Aviation Programs,’’ describes in more 2007–NM–350–AD. of the Boeing 737–600/700/800/900 detail the scope of the Agency’s Effective Date MPD Document D626A001–CMR authority. provided that only the fuel tank We are issuing this rulemaking under (a) This airworthiness directive (AD) is effective February 16, 2010. structure is affected, while the structural the authority described in ‘‘Subtitle VII, repair does not disrupt the fuel tank Part A, Subpart III, Section 44701: Affected ADs system. CAL states that it is concerned General requirements.’’ Under that (b) None. with complying with the MPD since section, Congress charges the FAA with Applicability Boeing Alert Service Bulletin 737– promoting safe flight of civil aircraft in 57A1294, dated April 23, 2007, was air commerce by prescribing regulations (c) This AD applies to The Boeing written before AWLs 28–AWL–11 and for practices, methods, and procedures Company Model 737–600, –700, and –800 series airplanes, certificated in any category, 28–AWL–12. CAL notes that the service the Administrator finds necessary for bulletin states to contact Boeing for as identified in Boeing Alert Service Bulletin safety in air commerce. This regulation 737–57A1294, dated April 23, 2007. repair instruction for crack findings. is within the scope of that authority However, CAL notes that this AD and because it addresses an unsafe condition Subject the service bulletin do not reference the that is likely to exist or develop on (d) Air Transport Association (ATA) of AWLs in the event that Boeing repair products identified in this rulemaking America Code 57: Wings. instructions require fastener installation action. Unsafe Condition into the fuel tank. CAL points out that FAA approval to reference the MPD Regulatory Findings (e) This AD results from drill starts being found on the free flange of the lower stringers AWLs can be granted only by the This AD will not have federalism of the wing center section during a quality Manager, Seattle ACO. implications under Executive Order assurance inspection at the final assembly We disagree with the request. We 13132. This AD will not have a plant. We are issuing this AD to prevent have approved an AMOC that allows substantial direct effect on the States, on cracks from propagating from drill starts in designated ARs of the BDCO to approve the relationship between the national the free flange, vertical web, and radius fuel tank penetration for lightning government and the States, or on the between the free flange and vertical web of considerations for several EAPAS rules. distribution of power and the lower stringers of the wing center section That AMOC is written against the responsibilities among the various lower stringers, which could cause a loss of specific AD requiring lightning structural integrity of the wing center section levels of government. and may result in a fuel leak. approvals, which is not part of this AD. For the reasons discussed above, I We have not changed the final rule in certify that this AD: Compliance regard to this issue. (1) Is not a ‘‘significant regulatory (f) Comply with this AD within the Explanation of Change Made to This action’’ under Executive Order 12866, compliance times specified, unless already done. AD (2) Is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures We have revised this AD to identify Inspection and Related Investigative and (44 FR 11034, February 26, 1979), and Corrective Actions the correct legal name of the (3) Will not have a significant manufacturer as published in the most (g) Before the accumulation of 18,000 total economic impact, positive or negative, flight cycles, or within 90 days after the recent type certificate data sheet for the on a substantial number of small entities effective date of this AD, whichever occurs affected airplane models. under the criteria of the Regulatory later, do a detailed inspection of the free Conclusion Flexibility Act. flange, vertical web, and radius between the You can find our regulatory free flange and vertical web of the lower We reviewed the available data, stringers of the wing center section for any including the comments received, and evaluation and the estimated costs of drill start, and do all applicable related determined that air safety and the compliance in the AD Docket. investigative and corrective actions, by public interest require adopting the AD List of Subjects in 14 CFR Part 39 accomplishing all the applicable actions with the changes described previously. specified in paragraphs 3.B.2 and 3.B.4 of the We also determined that these changes Air transportation, Aircraft, Aviation Accomplishment Instructions of Boeing Alert will not increase the economic burden safety, Incorporation by reference, Service Bulletin 737–57A1294, dated April Safety. 23, 2007; except as provided in paragraph (h) on any operator or increase the scope of of this AD. The applicable related the AD. Adoption of the Amendment investigative and corrective actions must be done before further flight. Costs of Compliance ■ Accordingly, under the authority (h) If any crack is found during any We estimate that this AD affects 17 delegated to me by the Administrator, inspection required by paragraph (g) of this airplanes of U.S. registry. We also the FAA amends 14 CFR part 39 as AD, and Boeing Alert Service Bulletin 737– estimate that it would take 7 work-hours follows: 57A1294, dated April 23, 2007, specifies to

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contact Boeing for appropriate action: Before Issued in Renton, Washington, on DATES: This AD becomes effective further flight, repair the crack using a method December 23, 2009. January 27, 2010. approved in accordance with the procedures Ali Bahrami, The Director of the Federal Register specified in paragraph (i) of this AD. Manager, Transport Airplane Directorate, approved the incorporation by reference Alternative Methods of Compliance Aircraft Certification Service. of a certain publication listed in the AD (AMOCs) [FR Doc. E9–31286 Filed 1–11–10; 8:45 am] as of January 27, 2010. (i)(1) The Manager, Seattle Aircraft BILLING CODE 4910–13–P We must receive comments on this Certification Office (ACO), FAA, has the AD by February 26, 2010. authority to approve AMOCs for this AD, if ADDRESSES: You may send comments by requested using the procedures found in 14 DEPARTMENT OF TRANSPORTATION any of the following methods: CFR 39.19. Send information to ATTN: • Federal eRulemaking Portal: Go to Nancy Marsh, Aerospace Engineer, Airframe Federal Aviation Administration http://www.regulations.gov. Follow the Branch, ANM–120S, FAA, Seattle Aircraft instructions for submitting comments. Certification Office, 1601 Lind Avenue, SW., 14 CFR Part 39 • Fax: (202) 493–2251. Renton, Washington 98057–3356; telephone • Mail: U.S. Department of (425) 917–6440; fax (425) 917–6590. Or, e- [Docket No. FAA–2009–1230; Directorate Transportation, Docket Operations, M– mail information to 9-ANM-Seattle-ACO- Identifier 2009–NM–088–AD; Amendment 30, West Building Ground Floor, Room 39–16165; AD 2010–01–07] [email protected]. W12–140, 1200 New Jersey Avenue, SE., (2) To request a different method of RIN 2120–AA64 Washington, DC 20590. compliance or a different compliance time • Hand Delivery: U.S. Department of for this AD, follow the procedures in 14 CFR Transportation, Docket Operations, M– 39.19. Before using any approved AMOC on Airworthiness Directives; Airbus (Type any airplane to which the AMOC applies, Certificate Previously Held by Airbus 30, West Building Ground Floor, Room notify your principal maintenance inspector Industrie) Model A340–200, –300, –500, W12–40, 1200 New Jersey Avenue, SE., (PMI) or principal avionics inspector (PAI), and –600 Series Airplanes Washington, DC, between 9 a.m. and 5 as appropriate, or lacking a principal p.m., Monday through Friday, except inspector, your local Flight Standards District AGENCY: Federal Aviation Federal holidays. Administration (FAA), Department of Office. The AMOC approval letter must Examining the AD Docket specifically reference this AD. Transportation (DOT). (3) An AMOC that provides an acceptable ACTION: Final rule; request for You may examine the AD docket on level of safety may be used for any repair comments. the Internet at http:// required by this AD, if it is approved by an www.regulations.gov; or in person at the Authorized Representative for the Boeing SUMMARY: We are adopting a new Docket Operations office between 9 a.m. Commercial Airplanes Delegation Option airworthiness directive (AD) for the and 5 p.m., Monday through Friday, Authorization Organization who has been products listed above. This AD results except Federal holidays. The AD docket authorized by the Manager, Seattle ACO, to from mandatory continuing contains this AD, the regulatory make those findings. For a repair method to airworthiness information (MCAI) evaluation, any comments received, and be approved, the repair must meet the originated by an aviation authority of other information. The street address for certification basis of the airplane, and the another country to identify and correct approval must specifically refer to this AD. the Docket Operations office (telephone an unsafe condition on an aviation (800) 647–5527) is in the ADDRESSES Material Incorporated by Reference product. The MCAI describes the unsafe section. Comments will be available in (j) You must use Boeing Alert Service condition as: the AD docket shortly after receipt. Bulletin 737–57A1294, dated April 23, 2007, * * * * * FOR FURTHER INFORMATION CONTACT: to do the actions required by this AD, unless * * * Revision 00 of AIRBUS A340 ALS Vladimir Ulyanov, International Branch, the AD specifies otherwise. [Airworthiness Limitations Section] Part 3: ANM–116, Transport Airplane (1) The Director of the Federal Register —adds new CMR (Certification Maintenance Directorate, FAA, 1601 Lind Avenue, approved the incorporation by reference of Requirements) tasks associated with SW., Renton, Washington 98057–3356; this service information under 5 U.S.C. modifications, 552(a) and 1 CFR part 51. telephone (425) 227–1138; fax (425) —revises the applicability of some CMR 227–1149. (2) For service information identified in tasks, this AD, contact Boeing Commercial —revises some CMR tasks with increased SUPPLEMENTARY INFORMATION: Airplanes, Attention: Data & Services intervals, Discussion Management, P.O. Box 3707, MC 2H–65, —revises a CMR task with a more restrictive Seattle, Washington 98124–2207; telephone interval, The European Aviation Safety Agency 206–544–5000, extension 1; fax 206–766– —deletes CMR task 282300–B0002–1–C (EASA), which is the Technical Agent 5680; e-mail [email protected]; * * *. for the Member States of the European Internet https://www.myboeingfleet.com. Some of those changes constitute more Community, has issued EASA (3) You may review copies of the service restrictive requirements for aeroplane Airworthiness Directive 2009–0098, information at the FAA, Transport Airplane configuration already in service. Failure to dated April 22, 2009 (referred to after Directorate, 1601 Lind Avenue, SW., Renton, comply with this Revision 00 of AIRBUS ‘‘ ’’ Washington. For information on the A340 ALS Part 3 constitutes an unsafe this as the MCAI ), to correct an unsafe availability of this material at the FAA, call condition. condition for the specified products. The MCAI states: 425–227–1221 or 425–227–1152. * * * * * (4) You may also review copies of the The unsafe condition is a safety- The Certification Maintenance service information that is incorporated by significant latent failures that would, in Requirements (CMR) were given in the reference at the National Archives and combination with one or more other AIRBUS A340 CMR Document reference Records Administration (NARA). For 955.3019/92 up to revision 15, which was information on the availability of this specific failures or events, result in a mandated by EASA AD 2007–0240, and material at NARA, call 202–741–6030, or go hazardous or catastrophic failure referenced in the Airworthiness Limitations to: http://www.archives.gov/federal_register/ condition. This AD requires actions that Section (ALS) Part 3. The content of the CMR code_of_federal_regulations/ are intended to address the unsafe Document has been recently transferred into ibr_locations.html. condition described in the MCAI. the ALS Part 3 Revision 00, which is

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approved by the European Aviation Safety Differences Between the AD and the for practices, methods, and procedures Agency (EASA). MCAI or Service Information the Administrator finds necessary for This Revision 00 of AIRBUS A340 ALS safety in air commerce. This regulation Part 3: We have reviewed the MCAI and related service information and, in is within the scope of that authority —adds new CMR tasks associated with general, agree with their substance. But because it addresses an unsafe condition modifications, that is likely to exist or develop on —revises the applicability of some CMR we might have found it necessary to use different words from those in the MCAI products identified in this rulemaking tasks, action. —revises some CMR tasks with increased to ensure the AD is clear for U.S. intervals, operators and is enforceable. In making Regulatory Findings —revises a CMR task with a more restrictive these changes, we do not intend to differ interval, substantively from the information We determined that this AD will not —deletes CMR task 282300–B0002–1–C provided in the MCAI and related have federalism implications under which is the subject of EASA AD 2007– service information. Executive Order 13132. This AD will 0279. We might also have required different not have a substantial direct effect on Some of those changes constitute more actions in this AD from those in the the States, on the relationship between restrictive requirements for aeroplane MCAI in order to follow FAA policies. the national government and the States, configuration already in service. Failure to Any such differences are highlighted in or on the distribution of power and comply with this Revision 00 of AIRBUS a Note within the AD. responsibilities among the various A340 ALS Part 3 constitutes an unsafe levels of government. condition. This new AD * * * requires the FAA’s Determination of the Effective Date For the reasons discussed above, I implementation of Revision 00 of AIRBUS certify this AD: A340 ALS Part 3. Since there are currently no domestic 1. Is not a ‘‘significant regulatory operators of this product, notice and The unsafe condition is a safety- action’’ under Executive Order 12866; opportunity for public comment before significant latent failures that would, in issuing this AD are unnecessary. 2. Is not a ‘‘significant rule’’ under the combination with one or more other DOT Regulatory Policies and Procedures specific failures or events, result in a Comments Invited (44 FR 11034, February 26, 1979); and hazardous or catastrophic failure This AD is a final rule that involves 3. Will not have a significant condition. This AD requires revising the requirements affecting flight safety, and economic impact, positive or negative, ALS of the Instructions for Continued we did not precede it by notice and on a substantial number of small entities Airworthiness by incorporating new and opportunity for public comment. We under the criteria of the Regulatory revised CMRs. You may obtain further invite you to send any written relevant Flexibility Act. information by examining the MCAI in data, views, or arguments about this AD. We prepared a regulatory evaluation the AD docket. Send your comments to an address of the estimated costs to comply with Relevant Service Information listed under the ADDRESSES section. this AD and placed it in the AD docket. Include ‘‘Docket No. FAA–2009–1230; Airbus has issued A340 ALS, Part 3— Directorate Identifier 2009–NM–088– List of Subjects in 14 CFR Part 39 Certification Maintenance Requirements AD’’ at the beginning of your comments. Air transportation, Aircraft, Aviation (CMR), Revision 00, including We specifically invite comments on the safety, Incorporation by reference, Appendices 1 and 2, dated July 31, overall regulatory, economic, Safety. 2008. The actions described in this environmental, and energy aspects of service information are intended to this AD. We will consider all comments Adoption of the Amendment correct the unsafe condition identified received by the closing date and may ■ Accordingly, under the authority in the MCAI. amend this AD because of those comments. delegated to me by the Administrator, FAA’s Determination and Requirements We will post all comments we the FAA amends 14 CFR part 39 as of This AD receive, without change, to http:// follows: www.regulations.gov, including any This product has been approved by PART 39—AIRWORTHINESS personal information you provide. We the aviation authority of another DIRECTIVES country, and is approved for operation will also post a report summarizing each in the United States. Pursuant to our substantive verbal contact we receive ■ 1. The authority citation for part 39 bilateral agreement with the State of about this AD. continues to read as follows: Design Authority, we have been notified Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. of the unsafe condition described in the Title 49 of the United States Code § 39.13 [Amended] MCAI and service information specifies the FAA’s authority to issue referenced above. We are issuing this rules on aviation safety. Subtitle I, ■ 2. The FAA amends § 39.13 by adding AD because we evaluated all pertinent section 106, describes the authority of the following new AD: information and determined the unsafe the FAA Administrator. ‘‘Subtitle VII: condition exists and is likely to exist or 2010–01–07 Airbus (Type Certificate Aviation Programs,’’ describes in more Previously Held by Airbus Industrie): develop on other products of the same detail the scope of the Agency’s Amendment 39–16165. Docket No. type design. authority. FAA–2009–1230; Directorate Identifier There are no products of this type We are issuing this rulemaking under 2009–NM–088–AD. currently registered in the United States. the authority described in ‘‘Subtitle VII, Effective Date However, this rule is necessary to Part A, Subpart III, Section 44701: ’’ (a) This airworthiness directive (AD) ensure that the described unsafe General requirements. Under that becomes effective January 27, 2010. condition is addressed if any of these section, Congress charges the FAA with products are placed on the U.S. Register promoting safe flight of civil aircraft in Affected ADs in the future. air commerce by prescribing regulations (b) None.

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Applicability Actions and Compliance (44 U.S.C. 3501 et seq.), the Office of (c) This AD applies to all Airbus (Type (f) Unless already done, within 3 months Management and Budget (OMB) has Certificate previously held by Airbus after the effective date of this AD, revise the approved the information collection Industrie) Model A340–211, –212, –213, ALS of the Instructions for Continued requirements and has assigned OMB Control –311, –312, –313, –541, and –642 series Airworthiness by incorporating Airbus A340 Number 2120–0056. airplanes; certificated in any category; all ALS, Part 3—Certification Maintenance Related Information serial numbers. Requirements (CMR), Revision 00, dated July 31, 2008 (‘‘ALS, Part 3’’). Accomplish the (h) Refer to Mandatory Continuing Note 1: This AD requires revisions to Airworthiness Information (MCAI) EASA certain operator maintenance documents to actions specified in the ALS, Part 3, at the times specified in the ALS, Part 3, and in Airworthiness Directive 2009–0098, dated include new inspections. Compliance with April 22, 2009; and Airbus A340 ALS, Part these inspections is required by 14 CFR accordance with the ALS, Part 3, except as provided by paragraphs (f)(1) and (f)(2) of 3—Certification Maintenance Requirements 91.403(c). For airplanes that have been this AD. (CMR), Revision 00, dated July 31, 2008; for previously modified, altered, or repaired in (1) Count the associated interval for any related information. the areas addressed by these inspections, the new task from the effective date of this AD, operator may not be able to accomplish the Material Incorporated by Reference except that Airbus A340 CMR Task 212100– inspections described in the revisions. In this 00001–1–C must be performed at the later of (i) You must use Airbus A340 ALS, Part situation, to comply with 14 CFR 91.403(c), the times specified in paragraphs (f)(1)(i) and 3—Certification Maintenance Requirements the operator must request approval for an (f)(1)(ii) of this AD. (CMR), Revision 00, including Appendices 1 alternative method of compliance according (i) Before the accumulation of 2,600 total and 2, dated July 31, 2008, to do the actions to paragraph (g)(1) of this AD. The request flight hours since the date of issuance of the required by this AD, unless the AD specifies should include a description of changes to original French airworthiness certificate or otherwise. (The title page of this document the required inspections that will ensure the the date of issuance of the original French or does not specify a revision date; the revision continued damage tolerance of the affected EASA export certificate of airworthiness. date is specified on all other pages of the structure. The FAA has provided guidance (ii) Within 800 flight hours or 3 months, document. Only the title page and the Record for this determination in Advisory Circular whichever comes first, after the approval date of Revisions specify the revision level of this (AC) 25–1529–1. of Revision 00 of the ALS, Part 3. document.) (2) Count the associated interval for any (1) The Director of the Federal Register Subject revised task from the previous performance approved the incorporation by reference of (d) Air Transport Association (ATA) of of the task. this service information under 5 U.S.C. America Code 05. (3) Doing the revision required by 552(a) and 1 CFR part 51. paragraph (f) of this AD terminates the (2) For service information identified in Reason requirements of paragraph (f) of AD 2007– this AD, contact Airbus SAS—Airworthiness (e) The mandatory continued airworthiness 05–08, Amendment 39–14969, for that Office—EAL, 1 Rond Point Maurice Bellonte, information (MCAI) states: airplane only. 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80, e-mail The Certification Maintenance FAA AD Differences Requirements (CMR) were given in the [email protected]; AIRBUS A340 CMR Document reference Note 1: This AD differs from the MCAI Internet http://www.airbus.com. 955.3019/92 up to revision 15, which was and/or service information as follows: No (3) You may review copies of the service mandated by EASA AD 2007–0240, and differences. information at the FAA, Transport Airplane referenced in the Airworthiness Limitations Directorate, 1601 Lind Avenue, SW., Renton, Section (ALS) Part 3. The content of the CMR Other FAA AD Provisions Washington. For information on the Document has been recently transferred into (g) The following provisions also apply to availability of this material at the FAA, call 425–227–1221 or 425–227–1152. the ALS Part 3 Revision 00, which is this AD: (4) You may also review copies of the approved by the European Aviation Safety (1) Alternative Methods of Compliance service information that is incorporated by Agency (EASA). (AMOCs): The Manager, International reference at the National Archives and This Revision 00 of AIRBUS A340 ALS Branch, ANM–116, Transport Airplane Records Administration (NARA). For Part 3: Directorate, FAA, has the authority to approve AMOCs for this AD, if requested information on the availability of this —adds new CMR tasks associated with using the procedures found in 14 CFR 39.19. material at NARA, call 202–741–6030, or go modifications, _ Send information to ATTN: Vladimir to: http://www.archives.gov/federal register/ —revises the applicability of some CMR _ _ _ _ Ulyanov, International Branch, ANM–116, code of federal regulations/ibr locations. tasks, Transport Airplane Directorate, FAA, 1601 html. —revises some CMR tasks with increased Lind Avenue, SW., Renton, Washington intervals, Issued in Renton, Washington, on 98057–3356; telephone (425) 227–1138; fax December 23, 2009. —revises a CMR task with a more restrictive (425) 227–1149. Before using any approved Ali Bahrami, interval, AMOC on any airplane to which the AMOC —deletes CMR task 282300–B0002–1–C applies, notify your principal maintenance Manager, Transport Airplane Directorate, which is the subject of EASA AD 2007– inspector (PMI) or principal avionics Aircraft Certification Service. 0279. inspector (PAI), as appropriate, or lacking a [FR Doc. E9–31287 Filed 1–11–10; 8:45 am] Some of those changes constitute more principal inspector, your local Flight BILLING CODE 4910–13–P restrictive requirements for aeroplane Standards District Office. The AMOC configuration already in service. Failure to approval letter must specifically reference comply with this Revision 00 of AIRBUS this AD. A340 ALS Part 3 constitutes an unsafe (2) Airworthy Product: For any requirement POSTAL SERVICE condition. This new AD * * * requires the in this AD to obtain corrective actions from implementation of Revision 00 of AIRBUS a manufacturer or other source, use these 39 CFR Part 111 A340 ALS Part 3. actions if they are FAA-approved. Corrective The unsafe condition is a safety-significant actions are considered FAA-approved if they Treatment of Undeliverable Books and latent failure that would, in combination are approved by the State of Design Authority Sound Recordings with one or more other specific failures or (or their delegated agent). You are required TM events, result in a hazardous or catastrophic to assure the product is airworthy before it AGENCY: Postal Service . failure condition. This AD requires revising is returned to service. ACTION: Final rule. the ALS of the Instructions for Continued (3) Reporting Requirements: For any Airworthiness by incorporating new and reporting requirement in this AD, under the SUMMARY: The Postal Service is revising revised CMRs. provisions of the Paperwork Reduction Act Mailing Standards of the United States

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Postal Service, Domestic Mail Manual, content of the mail qualifies as Media 507 Mailer Services for the disposal or treatment of books Mail under DMM 507.1.5.3, 173, 373, or 1.0 Treatment of Mail and sound recordings that are 473 or Library Mail under DMM 183, undeliverable-as-addressed (UAA) in 383, or 483 and the mail is marked * * * * * their original packaging. The disposal of ‘‘Media Mail’’ or ‘‘Library Mail’’ directly 1.9 Dead Mail these items as waste will simplify below the ancillary service handling procedures and reduce costs. endorsement. * * * * * DATES: Effective Date: February 1, 2010. 3. Comment: The Postal Service [Delete 1.9.2 in its entirety and should recycle undeliverable-as- FOR FURTHER INFORMATION CONTACT: Bert renumber current 1.9.3 as new 1.9.2] addressed items. * * * * * Olsen, 202–268–7276, Mary Collins, We are currently exploring a recycling 202–268–5440. offering by adding a new ancillary We will publish an appropriate SUPPLEMENTARY INFORMATION: The Postal endorsement that mailers could use to amendment to 39 CFR Part 111 to reflect Service published a Federal Register assure undeliverable-as-addressed mail these changes. proposed rule (73 FR 39272–39273) on would be destroyed so it could not be Neva R. Watson, July 9, 2008 to remove DMM section used as originally intended. This Attorney, Legislative. 507.1.9.2. The intent of this section was potential offering is in its formative [FR Doc. 2010–387 Filed 1–11–10; 8:45 am] to facilitate a process for identifying and stage but if adopted may provide an BILLING CODE 7710–12–P returning books and recordings that had attractive endorsement alternative for become undeliverable as a result of manufacturers and distributors of books being ‘‘loose in the mail’’ (contents and sound recordings who desire POSTAL SERVICE separated from packaging and other destruction of their undeliverable address information), to the original products for a fee. 39 CFR Part 601 publisher or distributor. This standard 4. Comment: Provide electronic was misinterpreted to allow some notification for the reason a mailpiece Purchasing of Property and Services publishers and distributors to reclaim was undeliverable as addressed when ownership of all UAA mail and not just using the ‘‘Return Service Requested’’ AGENCY: Postal ServiceTM. ‘‘ ’’ mail that was truly identified as loose endorsement. ACTION: Final rule. in the mail. The Return Service Requested Comments endorsement provides the reason of SUMMARY: The Postal Service is revising nondelivery by hardcopy at the time of its regulations governing the supplier We received comments from three return of the product. However, we disagreement resolution (SDR) process respondents on the proposed rule. One understand that mailers would prefer to to clarify and explain the purposes of respondent represented several trade know as quickly as possible why a piece that process, and to remove extraneous associations and two other respondents was undeliverable via electronic data. and duplicative language. were from separate publishing We intend to evaluate the development companies. All comments received were of an electronic notification option with DATES: Effective Date: January 12, 2010. in opposition to the proposal and are the Return Service Requested FOR FURTHER INFORMATION CONTACT: Paul summarized and presented below endorsement for a fee as a future service D. McGinn, 202–268–4368, or Edward followed by our responses: offering. B. Halstead, 202 268–6221. 1. Comment: The Postal Service did The Postal Service adopts the not work closely and discuss the following changes to Mailing Standards SUPPLEMENTARY INFORMATION: The Postal proposal with affected mailers. of the United States Postal Service, Service is revising the regulations in 39 The Postal Service previously offered Domestic Mail Manual (DMM), CFR 601.107 and 601.108 that govern an opportunity for mailers to provide incorporated by reference in the Code of the supplier disagreement resolution input well before the proposal was Federal Regulations. See 39 CFR 111.1. (SDR) process in order to clarify certain published. Additionally, publication of SDR procedures. These changes are the proposed rule and requests for List of Subjects in 39 CFR Part 111 explained in more detail below. comments (July 9, 2008) afforded Administrative practice and Explanation of Changes mailers an additional opportunity to procedure, Postal Service. Section 601.107: Initial Disagreement contribute to the rule-making process ■ Accordingly, 39 CFR Part 111 is Resolution prior to issuing a final rule. amended as follows: 2. Comment: Due to copyright Paragraph (a) has been revised to state concerns and privacy issues, mailers are PART 111—[AMENDED] that the Supplier Disagreement opposed to the Postal Service selling at ■ Resolution Official (SDR Official) is a auction undeliverable-as-addressed 1. The authority citation for 39 CFR contracting officer designated by the books and sound recordings. Part 111 continues to read as follows: Postal Service to perform the functions Obligations concerning privacy issues Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, established under § 601.108. and copyright concerns are the 401, 403, 404, 414, 416, 3001–3011, 3201– publisher’s obligations. USPS® ancillary 3219, 3403–3406, 3621, 3622, 3626, 3632, Paragraph (b) has been revised to services allow mailers to fulfill their 3633, and 5001. clarify the timelines for filing initial obligations by having undeliverable ■ 2. Revise the following sections of disagreements concerning solicitations. books returned to them, but only in Mailing Standards of the United States Paragraph (c) is revised to inform accordance with postal services and Postal Service, Domestic Mail Manual parties that the alternative dispute endorsements currently available to (DMM) as follows: resolution (ADR) process may be used to mailers. One option when using * * * * * resolve disagreements and that if an Standard Mail® is that UAA mail can be agreement cannot be reached under forwarded or returned at the appropriate 500 Additional Services ADR, the supplier has 10 days to lodge Media Mail or Library Mail price if the * * * * * its disagreement with the SDR Official.

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Section 601.108: SDR Official not a Saturday, Sunday, or legal management may help to resolve the Disagreement Resolution holiday. disagreement. At the conclusion of the (2) Disagreements. All disputes, Paragraph (a) has been revised to 10-day resolution period, the protests, claims, disagreements, or remove language that was extraneous or contracting officer must communicate, demands of whatsoever nature arising in in writing, to the supplier his or her duplicative of statements made in other connection with the acquisition of resolution of the disagreement. paragraphs. property and services within the scope (c) Alternative dispute resolution. Paragraph (b) contains editorial of § 601.103 of this chapter, except Alternative dispute resolution (ADR) changes and further explains the those: procedures may be used to resolve a purposes of the disagreement resolution (i) That arise pursuant to a contract disagreement. If the use of ADR is process. under the Contract Disputes Act under agreed upon, the 10-day limitation is Paragraph (c) clarifies the acceptable § 601.109; suspended. If agreement cannot be modes for submitting a disagreement (ii) That concern debarment, reached, the supplier has 10 days to under § 601.107 or contest of decision suspension, or ineligibility under lodge its disagreement with the SDR under § 601.105 and updates the § 601.113; or Official. dedicated fax number. (iii) That arise out of the nonrenewal Paragraph (d) clarifies that this of transportation contracts containing § 601.108 SDR Official disagreement paragraph covers both disagreements other provisions for the review of such resolution. under § 601.107 and contests of decisions. (a) General. If a disagreement under decisions under § 601.105. Paragraph (3) Interested parties. Actual or § 601.107 is not resolved within 10 days (d)(3) has been revised for clarity. prospective offerors whose direct after it was lodged with the contracting Paragraph (e) is supplemented to economic interests would be affected by officer, if the use of ADR fails to resolve provide examples of remedies that the the award of, or failure to award, the it at any time, if the supplier is not SDR Official is authorized to grant. contract. satisfied with the contracting officer’s Paragraph (g) explains when a (4) Lodge. A disagreement is lodged resolution of the disagreement, or if the challenged award becomes final, a on the date it is received by the decision not to accept or consider status that varies depending on how the contracting officer or the Supplier proposals under § 601.105 is contested, SDR Official resolves the disagreement. Disagreement Resolution Official, as the SDR Official is available to provide The grounds upon which appeals may appropriate. final resolution of the matter. The Postal be taken to Federal court, previously (5) SDR Official. The Supplier Service desires to resolve all such addressed in paragraph (g), are now Disagreement Resolution Official, a matters quickly and inexpensively in addressed in a new paragraph (h). contracting officer designated by the keeping with the regulations in this Paragraph (h) clarifies the grounds Postal Service to perform the functions part. upon which the Postal Service’s final established under § 601.108. (b) Scope and applicability. This contract award, as described in (b) Policy. It is the policy of the Postal procedure is established as the sole and paragraph (g), may be appealed. Service and in the interest of its exclusive means to resolve Paragraph (h) further clarifies that the suppliers to resolve disagreements by disagreements under § 601.107 and party lodging the disagreement may mutual agreement between the supplier contests of decisions under § 601.105. seek review of the Postal Service’s final and the responsible contracting officer. This procedure is intended to contract award only after the mandatory All disagreements must be lodged with expeditiously resolve disagreements administrative remedies provided under the responsible contracting office in that are not resolved at the responsible § 601.107 and § 601.108 have been writing via facsimile, e-mail, hand contracting officer level; to reduce exhausted. delivery, or U.S. Mail. For litigation expenses, inconvenience, and Paragraph (i) is identical to the old disagreements that concern the award of other costs for all parties; to facilitate paragraph (h), except that it now a contract, the disagreement shall be successful business relationships with clarifies that the resolution timeframe lodged within 10 days of the date the Postal Service suppliers, the supplier applies not only to disagreements under supplier received notification of award community, and other persons; and to § 601.107, but also to contests of or 10 days from the date the supplier develop further the basis for the Postal decisions under § 601.105. received a debriefing, whichever is later. Service’s purchasing decisions and the For disagreements that concern alleged administrative records concerning those List of Subjects in 39 CFR Part 601 improprieties in a solicitation, the decisions. All disagreements under Government procurement, Postal contracting officer must receive the § 601.107 and contests of decisions Service. disagreement before the time set for the under § 601.105 will be lodged with and ■ Accordingly, 39 CFR Part 601 is receipt of proposals, unless the resolved, with finality, by the SDR amended as follows: disagreement concerns an alleged Official under and in accordance with impropriety that does not exist in the the sole and exclusive procedure PART 601—[AMENDED] initial solicitation but which is established in this section. subsequently incorporated into the (c) Lodging. The disagreement under ■ 1. The authority citation for 39 CFR solicitation, in which event the § 601.107 or contest of decision under Part 601 continues to read as follows: contracting officer must receive the § 601.105 must be lodged with the SDR Authority: 39 U.S.C. 401, 404, 410, 411, disagreement no later than the next Official in writing via facsimile, e-mail, 2008, 5001–5605. closing time for the receipt of proposals hand delivery, or U.S. Mail. The ■ 2. Revise §§ 601.107 and 601.108 to following the incorporation. The disagreement under § 601.107 or contest read as follows: resolution period shall last 10 days from of decision under § 601.105 must state the date when the disagreement is the factual circumstances relating to it § 601.107 Initial disagreement resolution. lodged with the contracting officer. and the remedy sought. A disagreement (a) Definitions. During the supplier-contracting officer under § 601.107 must also state the (1) Days. Calendar days; however, any 10-day resolution period, the scope and outcome of the initial time period will run until a day that is responsible contracting officer’s disagreement resolution attempt with

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the contracting officer. The address of disagreement. The person or contracting officer shall implement the SDR Official is: Room 4130 (Attn: organization lodging the disagreement, promptly the SDR Official’s final SDR Official), United States Postal other interested parties, or Postal resolution. However, any contract award Service Headquarters, 475 L’Enfant Service officials must promptly provide made by the contracting officer after a Plaza, SW., Washington, DC 20260– all relevant, nonprivileged materials and resolicitation, recompetition, or 4130. e-mail Address: other information requested by the SDR reevaluation directed by the SDR [email protected]. Fax Number: Official. If a submission contains trade Official is not a final contract award of (202) 268–0075. secrets or other confidential the Postal Service that may be subject to (d) Lodging timeframes. information, it should be accompanied judicial review unless and until Disagreements under § 601.107 or by a copy of the submission from which disagreements concerning that contract contests of decisions under § 601.105 the confidential matter has been award have been lodged and resolved must be lodged with the SDR Official redacted. The SDR Official will with finality by the SDR Official. within the following timeframes: determine whether any redactions are (h) Judicial review. The Postal (1) Disagreements under § 601.107 not appropriate and will be solely Service’s final contract award, as resolved with the contracting officer responsible for determining the described in paragraph § 601.108(g), must be lodged with the SDR Official treatment of any redacted materials. may be appealed to a Federal court with within 20 days after they were lodged After obtaining such information, jurisdiction based only upon an alleged with the contracting officer (unless ADR materials, and advice as may be needed, violation of the regulations contained in had been used to attempt to resolve the SDR Official will promptly issue a this part or an applicable public law them); written decision resolving the enacted by Congress. The party lodging (2) Disagreements under § 601.107 for disagreement and will deliver the the disagreement may seek review of the which ADR had been agreed to be used decision to the person or organization Postal Service’s final contract award must be lodged with the SDR Official lodging the disagreement, other only after the mandatory administrative within 10 days after the supplier knew interested parties, and appropriate remedies provided under § 601.107 and or was informed by the contracting Postal Service officials. When resolving § 601.108 have been exhausted. officer or otherwise that the matter was a disagreement raised under § 601.107, (i) Resolution timeframe. It is not resolved; the SDR Official may grant remedies intended that this procedure generally (3) Where a supplier is dissatisfied including, but not limited to, the will resolve disagreements under with the contracting officer’s resolution following: § 601.107 or contests of decisions under of a disagreement under § 601.107, the (1) Directing the contracting officer to § 601.105 within approximately 30 days supplier must lodge the disagreement revise the solicitation or to issue a new after receipt by the SDR Official. The with the SDR Official within 10 days solicitation; time may be shortened or lengthened after the supplier first receives (2) Directing the contracting officer to depending on the complexity of the notification of the contracting officer’s recompete the requirement; issues and other relevant resolution; and (3) Directing the contracting officer to considerations. (4) Contests of decisions under reevaluate the award on the basis of § 601.105 to decline to accept or current proposals and the evaluation Stanley F. Mires, consider proposals must be lodged with factors contained in the solicitation; and Chief Counsel, Legislative. the SDR Official within 10 days of the (4) Directing the contracting officer to [FR Doc. 2010–385 Filed 1–11–10; 8:45 am] supplier’s receipt of the written notice terminate the contract or to refrain from BILLING CODE 7710–12–P explaining the decision. exercising options under the contract. (5) The SDR Official may grant an (f) Guidance. The SDR Official will be extension of time to lodge a guided by the regulations contained in ENVIRONMENTAL PROTECTION disagreement under § 601.107 or contest this part and all applicable public laws AGENCY of decision under § 601.105 or to enacted by Congress. Non-Postal Service provide supporting information when procurement rules or regulations and 40 CFR Parts 52 and 81 warranted. Any request for an extension revoked Postal Service regulations will must set forth the reasons for the not apply or be taken into account. [Docket: EPA–R02–OAR–2009–0508; FRL– request, be made in writing, and be Failure of any party to provide 9091–4] delivered to the SDR Official on or requested information may be taken into Approval and Promulgation of before the time to lodge a disagreement account by the SDR Official in the Implementation Plans; Puerto Rico; lapses. decision. Guaynabo PM Limited Maintenance (e) Disagreement decision process. (g) Final resolution by the SDR 10 Plan and Redesignation Request The SDR Official will promptly provide Official and final contract award of the a copy of a disagreement to the Postal Service. A resolution by the SDR AGENCY: Environmental Protection contracting officer, who will promptly Official will be final and binding. If the Agency (EPA). notify other interested parties. The SDR SDR Official’s final resolution affirms ACTION: Final rule. Official will consider a disagreement the original contract award of the and any response by other interested contracting officer, the contracting SUMMARY: EPA is approving the Limited parties and appropriate Postal Service officer’s original contract award Maintenance Plan for the Municipality officials within a time frame established becomes the Postal Service’s final of Guaynabo nonattainment area in by the SDR Official. The SDR Official contract award, and may be subject to Puerto Rico and the request by the may also meet individually or jointly judicial review as described in Commonwealth of Puerto Rico to with the person or organization lodging paragraph (h) of this section. If the SDR redesignate the area from nonattainment the disagreement, other interested Official’s final resolution directs that the to attainment for the National Ambient parties, and/or Postal Service officials, Postal Service terminate the contract Air Quality Standards for particulate and may undertake other activities in award and issue a new solicitation, matter with an aerodynamic diameter order to obtain materials, information, recompete the requirement, or less than or equal to a nominal 10 or advice that may help to resolve the reevaluate the current award, the micrometers (PM10). On March 31, 2009,

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the Commonwealth of Puerto Rico For additional details on EPA’s it has attained the NAAQS and when submitted a Limited Maintenance Plan analysis and findings, the reader is certain planning requirements are met. for the Guaynabo nonattainment area for referred to the proposal published in the Section 107(d)(3)(E) of the Act, and the approval and concurrently requested September 2, 2009 Federal Register (74 General Preamble for the that EPA redesignate the Guaynabo FR 45387) and a more detailed implementation of Title I of the Act nonattainment area to attainment for discussion is contained in the Technical (General Preamble) provide the criteria PM10. Support Document which is available for redesignation. See 57 FR 13498 DATES: Effective Date: This rule is on line at www.regulations.gov, Docket (April 16, 1992). These criteria are effective on February 11, 2010. number EPA–R02–OAR–2009–0508. further clarified in a policy and guidance memorandum from John ADDRESSES: EPA has established a II. What Is the Background for EPA’s Calcagni, Director, Air Quality docket for this action under Docket ID Action? Management Division, EPA Office of Air No. EPA–R02–OAR–2009–0508. All As required by the Clean Air Act Quality Planning and Standards dated documents in the docket are listed on (Act), in 1987 the EPA revised the September 4, 1992, ‘‘Procedures for the www.regulations.gov web site. particulate matter NAAQS from total Processing Requests to Redesignate Although listed in the index, some suspended particles to PM . The Areas to Attainment’’. The criteria for information is not publicly available, 10 standard was changed to better protect redesignation are: (1) The Administrator e.g., CBI or other information whose public health and the environment. has determined that the area has disclosure is restricted by statute. The Act, as amended in 1990, attained the applicable NAAQS; (2) the Certain other material, such as required that all areas that have Administrator has fully approved the copyrighted material, is not placed on measured a violation of the NAAQS for applicable SIP for the area under section the Internet and will be publicly PM before January 1, 1989 be 110(k) of the Act; (3) the state available only in hard copy form. 10 designated nonattainment. On containing the area has met all Publicly available docket materials are November 15, 1990 by operation of law, requirements applicable to the area available either electronically through the Municipality of Guaynabo in Puerto under section 110 and part D of the Act; www.regulations.gov or in hard copy at Rico was designated nonattainment for (4) the Administrator has determined the Environmental Protection Agency, PM and classified as moderate based that the improvement in air quality is Region 2 Office, Air Programs Branch, 10 on violations measured in 1987. due to permanent and enforceable 290 Broadway, 25th Floor, New York, On November 14, 1993 the Puerto reductions in emissions; and (5) the New York 10007–1866. This Docket Rico Environmental Quality Board Administrator has fully approved a Facility is open from 8:30 a.m. to 4:30 (PREQB) submitted to EPA a State maintenance plan for the area as p.m., Monday through Friday, excluding Implementation Plan (SIP) revision meeting the requirements of section legal holidays. The Docket telephone which consisted of a PM SIP for the 175A of the Act. number is 212–637–4249. 10 Municipality of Guaynabo. The FOR FURTHER INFORMATION CONTACT: Kirk B. The Limited Maintenance Plan (LMP) Guaynabo PM10 SIP revision was Option for PM10 Nonattainment Areas Wieber at telephone number: (212) 637– reviewed and approved by EPA on May 3381, e-mail address: 31, 1995 (60 FR 28333) and became On August 9, 2001, EPA issued [email protected], fax number: (212) effective on June 30, 1995. guidance on streamlined maintenance 637–3901, or the above EPA Region 2 After completing the appropriate plan provisions for certain moderate PM nonattainment areas seeking address. public notice and comment procedures, 10 redesignation to attainment (Memo from SUPPLEMENTARY INFORMATION: on March 31, 2009, the PREQB Lydia Wegman, Director, Air Quality submitted to EPA a ‘‘Limited Table of Contents Standards and Strategies Division, Maintenance Plan 24 Hour Particulate entitled ‘‘Limited Maintenance Plan Matter (PM ) National Ambient Air I. What Action Is EPA Taking? 10 Option for Moderate PM Quality Standards and Redesignation 10 II. What Is the Background for EPA’s Action? Nonattainment Areas,’’) referred to as Request for the Municipality of III. What Comments Were Received? the LMP option memo. The LMP option IV. What Are the Requirements for Guaynabo Moderate Nonattainment memo contains a statistical Redesignation? Area State Implementation Plan demonstration that areas meeting A. Clean Air Act Requirements for Revision.’’ On September 2, 2009 (74 FR Redesignation of Nonattainment Areas certain air quality criteria will, with a 45387), EPA proposed to approve the high degree of probability, maintain the B. The Limited Maintenance Plan (LMP) LMP for the Municipality of Guaynabo Option for PM10 Nonattainment Areas standard 10 years into the future. It C. Conformity Under the Limited and the request by the Commonwealth follows that future year emission Maintenance Plan Option of Puerto Rico to redesignate the area inventories for these areas, and some of V. What Are EPA’s Conclusions? from nonattainment to attainment for the standard analyses to determine VI. Statutory and Executive Order Reviews PM10. transportation conformity with the SIP, III. What Comments Were Received? are no longer necessary. To qualify for I. What Action Is EPA Taking? the LMP option: (1) The area should The Environmental Protection Agency No comments were received in have attained the PM NAAQS; (2) the response to the September 2, 2009 10 (EPA) is approving the Limited average annual PM10 design value for Maintenance Plan (LMP) for the proposal. the area, based upon the most recent 5 Municipality of Guaynabo IV. What Are the Requirements for years of air quality data at all monitors nonattainment area (Guaynabo NAA). Redesignation? in the area, should be at or below 40 EPA is concurrently redesignating the micrograms per cubic meter (μg/m3); Guaynabo NAA to attainment for the A. Clean Air Act Requirements for and (3) the 24 hour design value should National Ambient Air Quality Standards Redesignation of Nonattainment Areas be at or below 98 μg/m3. If an area (NAAQS) for particulate matter with an Nonattainment areas can be cannot meet this test, it may still be able aerodynamic diameter less than or equal redesignated to attainment after the area to qualify for the LMP option if the to a nominal 10 micrometers (PM10). has measured air quality data showing average design value for the site is less

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than the site-specific critical design attainment plan, maintenance application of those requirements would values. In addition, the area should demonstration, contingency measures, be inconsistent with the Clean Air Act; expect only limited growth in on-road monitoring network, transportation and motor vehicle PM10 emissions conformity analysis and revisions to • Does not provide EPA with the (including fugitive dust) and should Rules 102 and 423 of the Puerto Rico discretionary authority to address, as have passed a motor vehicle regional Regulation for the Control of appropriate, disproportionate human emissions analysis test. The LMP option Atmospheric Pollution. health or environmental effects, using memo also identifies core provisions EPA is also approving the practicable and legally permissible that must be included in the LMP. redesignation request for the methods, under Executive Order 12898 These provisions include an attainment Municipality of Guaynabo submitted by (59 FR 7629, February 16, 1994). year emissions inventory, assurance of the PREQB on March 31, 2009 based on continued operation of an EPA- EPA’s determination that the supporting In addition, this rule does not have approved air quality monitoring documentation for redesignation tribal implications as specified by network, and contingency provisions. satisfies all Clean Air Act requirements Executive Order 13175 (65 FR 67249, and EPA’s policy and guidance, November 9, 2000), because the SIP is C. Conformity Under the Limited not approved to apply in Indian country Maintenance Plan Option including the criteria outlined in EPA’s redesignation guidance memorandum. located in the state, and EPA notes that The transportation conformity rule it will not impose substantial direct and the general conformity rule (40 CFR VI. Statutory and Executive Order costs on tribal governments or preempt part 93; also see 40 CFR part 51) apply Reviews tribal law. to nonattainment areas and maintenance Under the Clean Air Act, the The Congressional Review Act, 5 areas covered by an approved Administrator is required to approve a U.S.C. 801 et seq., as added by the Small maintenance plan. Under either SIP submission that complies with the Business Regulatory Enforcement conformity rule, an acceptable method provisions of the Act and applicable Fairness Act of 1996, generally provides of demonstrating that a federal action Federal regulations. 42 U.S.C. 7410(k); that before a rule may take effect, the conforms to the applicable SIP is to 40 CFR 52.02(a). Thus, in reviewing SIP agency promulgating the rule must demonstrate that expected emissions submissions, EPA’s role is to approve submit a rule report, which includes a from the planned action are consistent state choices, provided that they meet copy of the rule, to each House of the with the emissions budget for the area. the criteria of the Clean Air Act. Congress and to the Comptroller General While EPA’s LMP option does not Accordingly, this action merely of the United States. EPA will submit a exempt an area from the need to affirm approves state law as meeting Federal report containing this action and other conformity, it explains that the area may requirements and does not impose required information to the U.S. Senate, demonstrate conformity without additional requirements beyond those the U.S. House of Representatives, and submitting an emissions budget. Under imposed by state law. For that reason, the Comptroller General of the United the LMP option, emissions budgets are this action: States prior to publication of the rule in treated as essentially not constraining • Is not a ‘‘significant regulatory the Federal Register. A major rule for the length of the maintenance period action’’ subject to review by the Office cannot take effect until 60 days after it because it is unreasonable to expect that of Management and Budget under is published in the Federal Register. the qualifying areas would experience Executive Order 12866 (58 FR 51735, This action is not a ‘‘major rule’’ as so much growth in that period that a October 4, 1993); defined by 5 U.S.C. 804(2). violation of the PM10 NAAQS would • Does not impose an information result. For transportation conformity collection burden under the provisions Under section 307(b)(1) of the Clean purposes, EPA would conclude that of the Paperwork Reduction Act (44 Air Act, petitions for judicial review of emissions in these areas need not be U.S.C. 3501 et seq.); this action must be filed in the United capped for the maintenance period and • Is certified as not having a States Court of Appeals for the therefore a regional emissions analysis significant economic impact on a appropriate circuit by March 15, 2010. would not be required. Similarly, substantial number of small entities Filing a petition for reconsideration by Federal actions subject to the general under the Regulatory Flexibility Act (5 the Administrator of this final rule does conformity rule could be considered to U.S.C. 601 et seq.); not affect the finality of this action for satisfy the ‘‘budget test’’ specified in 40 • Does not contain any unfunded the purposes of judicial review nor does CFR 93.158(a)(5)(i)(A) as these budgets mandate or significantly or uniquely it extend the time within which a also are essentially considered to be affect small governments, as described petition for judicial review may be filed, unlimited. in the Unfunded Mandates Reform Act and shall not postpone the effectiveness of such rule or action. This action may V. What Are EPA’s Conclusions? of 1995 (Pub. L. 104–4); • Does not have Federalism not be challenged later in proceedings to EPA has determined that the PM10 implications as specified in Executive enforce its requirements. (See section Limited Maintenance Plan submitted by Order 13132 (64 FR 43255, August 10, 307(b)(2).) the PREQB on March 31, 2009 for the 1999); List of Subjects Municipality of Guaynabo meets all • Is not an economically significant Clean Air Act provisions and EPA regulatory action based on health or 40 CFR Part 52 policy and guidance, including the safety risks subject to Executive Order criteria outlined in EPA’s LMP option 13045 (62 FR 19885, April 23, 1997); Environmental protection, Air memo. Therefore, EPA is approving the • Is not a significant regulatory action pollution control, Incorporation by PM10 Limited Maintenance Plan for the subject to Executive Order 13211 (66 FR reference, Intergovernmental relations, Municipality of Guaynabo and all of its 28355, May 22, 2001); Particulate matter. • components as they were submitted by Is not subject to requirements of 40 CFR Part 81 PREQB on March 31, 2009. Specifically, Section 12(d) of the National EPA is approving the 2002 PM10 Technology Transfer and Advancement Air pollution control, National parks, attainment emissions inventory, Act of 1995 (15 U.S.C. 272 note) because Wilderness areas.

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Dated: November 20, 2009. submitted a Particulate Matter (PM10) Nonattainment Area which includes George Pavlou, Limited Maintenance Plan and amendments to Rules 102 and 423 of the Acting Regional Administrator, Region 2. requested the redesignation of the Regulation for the Control of ■ Chapter I, title 40 of the Code of Municipality of Guaynabo PM10 Atmospheric Pollution, approved by the Federal Regulations is amended as Nonattainment area to attainment for Puerto Rico Environmental Quality follows: PM10. EPA approves Puerto Rico’s Board March 5, 2009; filed with the Limited Maintenance Plan including the Secretary of State April 28, 2009; PART 52—[AMENDED] 2002 PM10 attainment emissions effective May 28, 2009. inventory, attainment plan, ■ 1. The authority citation for part 52 (A) Rule 102 Definitions, Guaynabo maintenance demonstration, continues to read as follows: PM10 Maintenance Area; filed with the contingency measures, monitoring Authority: 42 U.S.C. 7401 et seq. Secretary of State April 28, 2009; network, transportation conformity effective May 28, 2009. analysis and revisions to Rules 102 and Subpart BBB—Puerto Rico 423 of the Puerto Rico Regulation for the (B) Rule 423 Limitations for the Control of Atmospheric Pollution. On Guaynabo PM10 Maintenance Area; filed ■ 2. Section 52.2720 is amended by July 15, 2009, the Puerto Rico with the Secretary of State April 28, adding new paragraph (c)(37) to read as Environmental Quality Board submitted 2009; effective May 28, 2009. follows: the official copy of the adopted revisions to Rules 102 and 423. ■ 3. Section 52.2723, the table is § 52.2720 Identification of plan. amended by revising the entries for Rule * * * * * (i) Limited Maintenance Plan 24-Hour 102 and Rule 423 to read as follows: (c) * * * PM10 National Ambient Air Quality (37) On March 31, 2009, the Puerto Standards (NAAQS) for the § 52.2723 EPA-approved Puerto Rico Rico Environmental Quality Board Municipality of Guaynabo Moderate regulations.

REGULATION FOR THE CONTROL OF ATMOSPHERIC POLLUTION

Common- Puerto Rico regulations wealth effec- EPA approval date Comments tive date

******* Rule 102, Definitions ...... 5/28/09 1/12/10, [Insert FR page citation].

******* Rule 423, Limitations for the Guaynabo PM10 Mainte- 5/28/09 1/12/10, [insert FR page citation]. nance Area.

*******

PART 81—[AMENDED] ■ 5. In § 81.355, the table entitled entry ‘‘Municipality of Guaynabo’’ to ‘‘Puerto Rico—PM–10’’ is amended by read as follows: ■ 4. The authority citation for part 81 removing the entry for ‘‘Guaynabo continues to read as follows: County’’ and adding in its place the § 81.355 Puerto Rico. Authority: 42 U.S.C. 7401 et seq. * * * * *

PUERTO RICO—PM10

Designation Classification Designated area Date Type Date Type

Municipality of Guaynabo ...... 1/12/10 Attainment.

*******

* * * * * FEDERAL COMMUNICATIONS ACTION: Final rule. [FR Doc. 2010–258 Filed 1–11–10; 8:45 am] COMMISSION BILLING CODE 6560–50–P SUMMARY: The Commission has before it 47 CFR Part 73 a petition for rulemaking filed by Community Broadcasting Service, the [DA 09–2647; MB Docket No. 09–122; RM– 11544] licensee of WABI–TV, channel 19, Bangor, Maine, requesting the Television Broadcasting Services; substitution of channel 13 for channel Bangor, ME 19 at Bangor.

AGENCY: Federal Communications DATES: This rule is effective February Commission. 11, 2010.

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FOR FURTHER INFORMATION CONTACT: channel 13 and removing channel 19 at Administrator’s Determination of 2010 Adrienne Y. Denysyk, Media Bureau, Bangor. Minimum Random Drug and Alcohol (202) 418–1600. Federal Communications Commission. Testing Rates SUPPLEMENTARY INFORMATION: This is a Clay C. Pendarvis, In a final rule published on December synopsis of the Commission’s Report Associate Chief, Video Division, Media 2, 1994 (59 FR 62218), FRA announced and Order, MB Docket No. 09–122, Bureau. that it will set future minimum random adopted December 31, 2009, and [FR Doc. 2010–329 Filed 1–11–10; 8:45 am] drug and alcohol testing rates according released January 4, 2010. The full text BILLING CODE 6712–01–P to the rail industry’s overall positive of this document is available for public rate, which is determined using annual inspection and copying during normal railroad drug and alcohol program data business hours in the FCC’s Reference taken from FRA’s Management Information Center at Portals II, CY– DEPARTMENT OF TRANSPORTATION Information System. Based on this data, A257, 445 12th Street, SW., the Administrator publishes a Federal Washington, DC 20554. This document Federal Railroad Administration Register notice each year, announcing will also be available via ECFS (http:// the minimum random drug and alcohol fjallfoss.fcc.gov/ecfs/). This document 49 CFR Part 219 testing rates for the following year. See may be purchased from the 49 CFR 219.602 and 219.608. Commission’s duplicating contractor, [Docket No. 2001–11213, Notice No. 13] Under this performance-based system, Best Copy and Printing, Inc., 445 12th FRA may lower the minimum random Street, SW., Room CY–B402, RIN 2130–AA81 drug testing rate to 25 percent of Washington, DC 20554, telephone covered railroad employees whenever Alcohol and Drug Testing: 1–800–478–3160 or via the company’s the industry-wide random drug positive Determination of Minimum Random Web site, http://www.bcipweb.com. To rate is less than 1.0 percent for two Testing Rates for 2010 request materials in accessible formats calendar years while testing at a 50 for people with disabilities (Braille, AGENCY: Federal Railroad percent minimum rate. For both drugs large print, electronic files, audio Administration (FRA), Department of and alcohol, FRA reserves the right to format), send an e-mail to Transportation (DOT). consider other factors, such as the [email protected] or call the Consumer & ACTION: Notice of Determination. number of positives in its post-accident Governmental Affairs Bureau at 202– testing program, before deciding 418–0530 (voice), 202–418–0432 (tty). SUMMARY: Using data from Management whether to lower annual minimum This document does not contain Information System annual reports, FRA random testing rates. If the industry- information collection requirements has determined that the 2008 rail wide random drug positive rate is 1.0 subject to the Paperwork Reduction Act industry random testing positive rates percent or higher in any subsequent of 1995, Public Law 104–13. In addition, were 0.46 percent for drugs and 0.15 calendar year, FRA will return the therefore, it does not contain any percent for alcohol. Because the minimum random drug testing rate to 50 information collection burden ‘‘for small industry-wide random drug testing percent of covered railroad employees. business concerns with fewer than 25 positive rate has remained below 1.0 If the industry-wide random alcohol employees,’’ pursuant to the Small percent for the last two years of data, the violation rate is less than 1.0 percent but Business Paperwork Relief Act of 2002, Federal Railroad Administrator greater than 0.5 percent, the minimum Public Law 107–198, see 44 U.S.C. (Administrator) has determined that the random alcohol testing rate will be 25 3506(c)(4). Provisions of the Regulatory minimum annual random drug testing percent of covered railroad employees. Flexibility Act of 1980 do not apply to rate for the period January 1, 2010, FRA will raise the minimum random this proceeding. through December 31, 2010, will remain rate to 50 percent of covered railroad The Commission will send a copy of at 25 percent of covered railroad employees if the industry-wide random this Report and Order in a report to be employees. In addition, because the alcohol violation rate is 1.0 percent or sent to Congress and the Government industry-wide random alcohol testing higher in any subsequent calendar year. Accountability Office pursuant to the violation rate has remained below 0.5 FRA may lower the minimum random Congressional review Act, see 5 U.S.C. percent for the last two years, the alcohol testing rate to 10 percent of 801(a)(1)(A). Administrator has determined that the covered railroad employees whenever List of Subjects in 47 CFR Part 73 minimum random alcohol testing rate the industry-wide violation rate is less will remain at 10 percent of covered than 0.5 percent for two calendar years Television, Television broadcasting. railroad employees for the period while testing at a higher rate. ■ For the reasons discussed in the January 1, 2010, through December 31, In this notice, FRA announces that the preamble, the Federal Communications 2010. minimum random drug testing rate will Commission amends 47 CFR Part 73 as DATES: This notice is effective upon remain at 25 percent of covered railroad follows: publication. employees for the period January 1, 2010 through December 31, 2010, PART 73—RADIO BROADCAST FOR FURTHER INFORMATION CONTACT: because the industry random drug SERVICES Lamar Allen, Alcohol and Drug Program testing positive rate was below 1.0 Manager, Office of Safety Enforcement, percent for the last two years (the drug ■ 1. The authority citation for part 73 Mail Stop 25, Federal Railroad testing positive rate was .046 percent in continues to read as follows: Administration, 1200 New Jersey 2008 and .056 percent in 2007). The Authority: 47 U.S.C. 154, 303, 334, 336. Avenue, SE., Washington, DC 20590, minimum random alcohol testing rate (telephone 202–493–6313); or Kathy will remain at 10 percent of covered § 73.622 [Amended] Schnakenberg, FRA Alcohol/Drug railroad employees for the period ■ 2. Section 73.622(i), the Post- Program Specialist, (telephone 816– January 1, 2010 through December 31, Transition Table of DTV Allotments 561–2714). 2010, because the industry-wide under Maine, is amended by adding SUPPLEMENTARY INFORMATION: violation rate for alcohol has remained

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below 0.5 percent for the last two years Highway Traffic Safety Administration, less than 1 percent of the total (the industry-wide violation rate for 1200 New Jersey Avenue, SE., West premiums for all forms of motor vehicle alcohol was .015 percent in 2008 and Building, Room W41–307, Washington, insurance issued by insurers within the .018 percent in 2007). Railroads remain DC 20590. United States. However, that section free, as always, to conduct random FOR FURTHER INFORMATION CONTACT: also stipulates that if an insurance testing at higher rates. Carlita Ballard, Office of International company satisfies this definition of a Issued in Washington, DC, on January 6, Policy, Fuel Economy and Consumer ‘‘small insurer,’’ but accounts for 10 2010. Programs, NHTSA, 1200 New Jersey percent or more of the total premiums Joseph C. Szabo, Avenue, SE., West Building, Room for all motor vehicle insurance issued in Administrator. W43–439, Washington, DC 20590, by a particular state, the insurer must electronic mail to report about its operations in that state. [FR Doc. 2010–374 Filed 1–11–10; 8:45 am] In the final rule establishing the BILLING CODE 4910–06–P [email protected]. Ms. Ballard’s telephone number is (202) 366–0846. insurer reports requirement (49 CFR Her fax number is (202) 493–2990. Part 544; 52 FR 59, January 2, 1987), DEPARTMENT OF TRANSPORTATION NHTSA exercised its exemption SUPPLEMENTARY INFORMATION: authority by listing in Appendix A each National Highway Traffic Safety I. Background insurer that must report because it had Administration at least 1 percent of the motor vehicle Pursuant to 49 U.S.C. 33112, Insurer insurance premiums nationally. Listing reports and information, NHTSA 49 CFR Part 544 the insurers subject to reporting, instead requires certain passenger motor vehicle of each insurer exempted from reporting [Docket No.: NHTSA–2009–0050] insurers to file an annual report with the because it had less than 1 percent of the agency. Each insurer’s report includes RIN 2127–AK46 premiums nationally, is information about thefts and recoveries administratively simpler, since the Insurer Reporting Requirements; List of motor vehicles, the rating rules used former group is much smaller than the of Insurers Required To File Reports by the insurer to establish premiums for latter. In Appendix B, NHTSA lists comprehensive coverage, the actions those insurers required to report for AGENCY: National Highway Traffic taken by the insurer to reduce such particular states because each insurer Safety Administration (NHTSA), premiums, and the actions taken by the had a 10 percent or greater market share Department of Transportation (DOT). insurer to reduce or deter theft. of motor vehicle premiums in those ACTION: Final rule. Pursuant to 49 U.S.C. Section 33112(f), states. In the January 1987 final rule, the the following insurers are subject to the SUMMARY: This final rule amends the agency stated that it would update reporting requirements: Appendices A and B annually. NHTSA Insurer Reporting Requirements. The (1) Issuers of motor vehicle insurance regulations specify the requirements for updates the appendices based on data policies whose total premiums account voluntarily provided by insurance annual insurer reports and lists in for 1 percent or more of the total appendices those passenger motor companies to A.M. Best, which A.M. premiums of motor vehicle insurance 1 vehicle insurers that are required to file Best publishes in its State/Line Report issued within the United States; each spring. The agency uses the data to reports on their motor vehicle theft loss (2) issuers of motor vehicle insurance experiences. An insurer included in any determine the insurers’ market shares policies whose premiums account for 10 nationally and in each state. of these appendices must file three percent or more of total premiums copies of its report for the 2006 calendar written within any one state and; B. Self-Insured Rental and Leasing year before October 25, 2009 as (3) rental and leasing companies with Companies specified by law, but we acknowledge a fleet of 20 or more vehicles not In addition, upon making certain this notice has not been published by covered by theft insurance policies determinations, NHTSA grants that date. Therefore, NHTSA will not issued by insurers of motor vehicles, exemptions to self-insurers, i.e., any take enforcement actions against any other than any governmental entity. person who has a fleet of 20 or more insurer that file the 2006 insurer reports Pursuant to its statutory exemption motor vehicles (other than any after October 25, 2009, but not later than authority, the agency exempted certain governmental entity) used for rental or December 31, 2009. This is a one-time passenger motor vehicle insurers from lease whose vehicles are not covered by exception, based on the unique the reporting requirements. theft insurance policies issued by circumstances for 2009. All subsequent insurers of passenger motor vehicles, 49 reports must be filed not later than A. Small Insurers of Passenger Motor U.S.C. 33112(b)(1) and (f). Under 49 October 25th of the year in which the Vehicles U.S.C. 33112(e)(1) and (2), NHTSA may reports are due. If the passenger motor Section 33112(f)(2) provides that the exempt a self-insurer from reporting, if vehicle insurers remain listed, they agency shall exempt small insurers of the agency determines: must submit reports by each subsequent passenger motor vehicles if NHTSA (1) The cost of preparing and October 25th. finds that such exemptions will not furnishing such reports is excessive in DATES: This final rule becomes effective significantly affect the validity or relation to the size of the business of the on February 11, 2010. Insurers listed in usefulness of the information in the insurer; the appendices were required to submit reports, either nationally or on a state- (2) The insurer’s report will not reports on or before December 31, 2009. by-state basis. The term ‘‘small insurer’’ significantly contribute to carrying out If you wish to submit a petition for is defined, in Section 33112(f)(1)(A) and the purposes of Chapter 331. reconsideration of this rule, your (B), as an insurer whose premiums for In a final rule published June 22, 1990 petition must be received by February motor vehicle insurance issued directly (55 FR 25606), the agency granted a 26, 2010. or through an affiliate, including 1 ADDRESSES: Petitions for reconsideration pooling arrangements established under A.M. Best Company is a well-recognized source of insurance company ratings and information. 49 should refer to the docket number and state law or regulation for the issuance U.S.C. 33112(i) authorizes NHTSA to consult with be submitted to: Administrator, National of motor vehicle insurance, account for public and private organizations as necessary.

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class exemption to all companies that 2. Rental and Leasing Companies Regulatory Impacts rent or lease fewer than 50,000 vehicles, 1. Costs and Other Impacts because it believed that the largest Appendix C lists rental and leasing companies’ reports sufficiently companies required to file reports. This notice has not been reviewed represent the theft experience of rental Subsequent to publishing the August 18, under Executive Order 12866, and leasing companies. NHTSA 2008 final rule (see 73 FR 48151), the Regulatory Planning and Review. concluded that smaller rental and agency was informed by Emkay, Inc., NHTSA has considered the impact of leasing companies’ reports do not (Emkay) that it was a motor vehicle this final rule and determined that the significantly contribute to carrying out leasing company offering financial, fleet action is not ‘‘significant’’ within the NHTSA’s statutory obligations and that management and consulting services meaning of the Department of exempting such companies will relieve pertaining to operating a fleet of motor Transportation’s regulatory policies and an unnecessary burden on them. As a vehicles and does not provide insurance procedures. This final rule implements result of the June 1990 final rule, the policies for its customers to purchase. the agency’s policy of ensuring that all agency added Appendix C, consisting of However, Emkay, further stated that it insurance companies that are statutorily an annually updated list of the self- does include as a condition of its lease eligible for exemption from the insurer insurers subject to Part 544. Following agreement that its lessees purchase and reporting requirements are in fact the same approach as in Appendix A, maintain its own motor vehicle exempted from those requirements. NHTSA included, in Appendix C, each insurance coverage. Emkay also Only those companies that are not of the self-insurers subject to reporting submitted a copy of its lease agreement statutorily eligible for an exemption are instead of the self-insurers which are showing that insurance was required as required to file reports. exempted. NHTSA updates Appendix C a condition of the lease. Therefore, NHTSA does not believe that this rule, reflecting current data, affects the based primarily on information from NHTSA proposed to remove Emkay, Inc. impacts described in the final regulatory Automotive Fleet Magazine and Auto from the list of insurers required to meet evaluation prepared for the final rule Rental News.2 the reporting requirements. establishing Part 544 (52 FR 59; January C. When a Listed Insurer Must File a Public Comments on Final 2, 1987). Accordingly, a separate Report Determination regulatory evaluation has not been Insurers of Passenger Motor Vehicles prepared for this rulemaking action. Under Part 544, as long as an insurer Using the Bureau of Labor Statistics is listed, it must file reports on or before The agency received no comments in Consumer Price Index for 2006 (see October 25 of each year. Thus, any response to the NPRM. Therefore, this http://www.bls.gov/cpi), the cost insurer listed in the appendices must final rule adopts the proposed changes estimates in the 1987 final regulatory file a report before October 25, 2009, to Appendix A, B and C. Accordingly, evaluation were adjusted for inflation. and by each succeeding October 25, NHTSA has determined that each of the The agency estimates that the cost of absent an amendment removing the 19 insurers listed in Appendix A, each compliance is $107,650 for any insurer insurer’s name from the appendices. of the eight insurers listed in Appendix added to Appendix A, $43,060 for any II. Notice of Proposed Rulemaking B and each of six companies listed in insurer added to Appendix B, and Appendix C are required to submit an $12,423 for any insurer added to 1. Insurers of Passenger Motor Vehicles insurer report on its experience for Appendix C. This final rule will remove On August 17, 2009, NHTSA calendar year 2006 no later than one company and add one company to published a notice of proposed December 31, 2009, and set forth the Appendix A, remove one company for rulemaking (NPRM) to update the list of information required by Part 544. As Appendix B, and remove one company insurers in Appendices A, B, and C long as these insurers and companies from appendix C. Therefore, the net required to file reports (74 FR 41362). remain listed, they would be required to effect of this final rule is a decreased Appendix A lists insurers that must submit reports in subsequent years. cost of $55,483 to insurers as a group. report because each had 1 percent of the Submission of Theft Loss Report Interested persons may wish to motor vehicle insurance premiums on a examine the 1987 final regulatory national basis. The list was last Passenger motor vehicle insurers evaluation. Copies of that evaluation amended in a final rule published on listed in the appendices can forward were placed in Docket No. T86–01; August 18, 2008 (73 FR 48151). Based their theft loss reports to the agency in Notice 2. Any interested person may on the 2006 calendar year market share several ways: obtain a copy of this evaluation by data from A.M. Best, NHTSA proposed a. Mail: Carlita Ballard, Office of writing to NHTSA, Technical Reference to remove Auto Club Southern International Policy, Fuel Economy and Division, 1200 New Jersey Avenue, SE., California Group and add Auto Club Consumer Programs, Department of East Building (Ground Floor), Room Enterprise Insurance Group to Transportation, NHTSA, West Building, E12–100, Washington, DC 20590, or by Appendix A. 1200 New Jersey Avenue, SE., NVS–131, calling (202) 366–2588. Appendix B lists insurers required to Room W43–439, Washington, DC 20590; 2. Paperwork Reduction Act report because each insurer had a 10 b. E-mail: [email protected]; or The information collection percent or greater market share of motor c. Fax: (202) 493–2990. requirements in this final rule were vehicle premiums in a particular State. Theft loss reports may also be submitted and approved by the Office of Based on the 2006 calendar year data for submitted to the docket electronically Management and Budget (OMB) market shares from A.M. Best, we [identified by Docket No. NHTSA– pursuant to the requirements of the proposed to remove Farm Bureau of 2009–0050] by: Paperwork Reduction Act (44 U.S.C. Idaho from Appendix B. d. Logging onto the Federal 3501 et seq.). The existing information eRulemaking Portal: Go to http:// collection indicates that the number of 2 Automotive Fleet Magazine and Auto Rental News are publications that provide information on www.regulations.gov. Follow the online respondents for this collection is thirty- the size of fleets and market share of rental and instructions for filing the document three, however, the actual number of leasing companies. electronically. respondents fluctuate from year to year.

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Therefore, because the number of 32909, and section 32909 does not § 544.5 General requirements for reports. respondents required to report for this require submission of a petition for (a) * * * This report shall contain the final rule does not exceed the number reconsideration or other administrative information required by § 544.6 of this of respondents indicated in the existing proceedings before parties may file suit part for the calendar year 3 years information collection, the agency does in court. previous to the year in which the report not believe that an amendment to the is filed (e.g., the report due by December 7. Regulation Identifier Number (RIN) existing information collection is 31, 2009 will contain the required necessary. This collection of The Department of Transportation information for the 2006 calendar year). information is assigned OMB Control assigns a regulation identifier number * * * * * (RIN) to each regulatory action listed in Number 2127–0547 (‘‘Insurer Reporting ■ 3. Appendix A to part 544 is revised the Unified Agenda of Federal Requirements’’). to read as follows: Regulations. The Regulatory Information 3. Regulatory Flexibility Act Service Center publishes the Unified Appendix A—Insurers of Motor Vehicle The agency also considered the effects Agenda in April and October of each Insurance Policies Subject to the of this rulemaking under the Regulatory year. You may use the RIN contained in Reporting Requirements in Each State Flexibility Act (RFA) (5 U.S.C. 601 et the heading, at the beginning, of this in Which They Do Business seq.). I certify that this final rule will not document to find this action in the Allstate Insurance Group have a significant economic impact on Unified Agenda. American Family Insurance Group a substantial number of small entities. 8. Plain Language American International Group The rationale for the certification is that Auto Club Enterprise Insurance Group 1 none of the companies listed on Executive Order 12866 requires each Auto-Owners Insurance Group Appendices A, B or C are construed to agency to write all rules in plain Erie Insurance Group be a small entity within the definition language. Application of the principles Berkshire Hathaway/GEICO Corporation ‘‘ ’’ of plain language includes consideration Group of the RFA. Small insurer is defined, California State Auto Group 1 in part under 49 U.S.C. 33112, as any of the following questions: b Hartford Insurance Group insurer whose premiums for all forms of Have we organized the material to Liberty Mutual Insurance Companies motor vehicle insurance account for less suit the public’s needs? Metropolitan Life Auto & Home Group than 1 percent of the total premiums for b Are the requirements in the Mercury General Group all forms of motor vehicle insurance proposal clearly stated? Nationwide Group issued by insurers within the United b Does the proposal contain Progressive Group States, or any insurer whose premiums technical language or jargon that is not Safeco Insurance Companies within any State, account for less than clear? State Farm Group Travelers Companies 10 percent of the total premiums for all b Would a different format (grouping and order of sections, use of headings, USAA Group forms of motor vehicle insurance issued Farmers Insurance Group by insurers within the State. This notice paragraphing) make the rule easier to exempts all insurers meeting those understand? ■ 4. Appendix B to part 544 is revised b criteria. Any insurer too large to meet Would more (but shorter) sections to read as follows: those criteria is not a small entity. In be better? b Could we improve clarity by Appendix B—Issuers of Motor Vehicle addition, in this rulemaking, the agency adding tables, lists, or diagrams? Insurance Policies Subject to the exempts all ‘‘self insured rental and b What else could we do to make the Reporting Requirements Only in leasing companies’’ that have fleets of proposal easier to understand? Designated States fewer than 50,000 vehicles. Any self- If you have any responses to these insured rental and leasing company too Alfa Insurance Group (Alabama) questions, you can forward them to me Auto Club (Michigan) large to meet that criterion is not a small several ways: Commerce Group, Inc. (Massachusetts) entity. a. Mail: Carlita Ballard, Office of Kentucky Farm Bureau Group (Kentucky) 4. Federalism International Policy, Fuel Economy and New Jersey Manufacturers Group (New Consumer Programs, NHTSA, West Jersey) This action has been analyzed Building, 1200 New Jersey Avenue, SE., Safety Group (Massachusetts) according to the principles and criteria Southern Farm Bureau Group (Arkansas, NVS–131, Room W43–439, Washington, contained in Executive Order 12612, Mississippi) DC 20590. and it has been determined that the final Tennessee Farmers Companies (Tennessee) b. E-mail: [email protected]; or rule does not have sufficient federalism ■ 5. Appendix C to part 544 is revised Fax: (202) 493–2990. implications to warrant the preparation to read as follows: of a Federalism Assessment. List of Subjects in 49 CFR Part 544 Appendix C—Motor Vehicle Rental and 5. Environmental Impacts Crime insurance, Insurance, Insurance Leasing Companies (Including companies, Motor vehicles, Reporting In accordance with the National Licensees and Franchisees) Subject to and recordkeeping requirements. Environmental Policy Act, NHTSA has the Reporting Requirements of Part 544 ■ considered the environmental impacts In consideration of the foregoing, 49 Cendant Car Rental of this final rule and determined that it CFR Part 544 is amended as follows: Dollar Thrifty Automotive Group would not have a significant impact on Enterprise Rent-A-Car PART 544—[AMENDED] the quality of the human environment. Hertz Rent-A-Car Division (subsidiary of The ■ 1. The authority citation for part 544 Hertz Corporation) 6. Civil Justice Reform U-Haul International, Inc. (Subsidiary of continues to read as follows: This final rule does not have any AMERCO) Vanguard Car Rental USA retroactive effect, and it does not Authority: 49 U.S.C. 33112; delegation of authority at 49 CFR 1.50. preempt any State law, 49 U.S.C. 33117 1 Indicates a newly listed company which must ■ provides that judicial review of this rule 2. In § 544.5, paragraph (a), the second file a report beginning with the report due may be obtained pursuant to 49 U.S.C. sentence is revised to read as follows: December 31, 2009.

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Issued on: January 5, 2010. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. 2010–268 Filed 1–11–10; 8:45 am] BILLING CODE 4910–59–P

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Proposed Rules Federal Register Vol. 75, No. 7

Tuesday, January 12, 2010

This section of the FEDERAL REGISTER RMP—Risk Management Program C. Reviewing Comments in the Docket contains notices to the public of the proposed SSP—Site Security Plan issuance of rules and regulations. The STQ—Screening Threshold Quantity For access to the docket to read the purpose of these notices is to give interested SVA—Security Vulnerability Assessment public comments received and relevant persons an opportunity to participate in the VCE—Vapor Cloud Explosion background documents referred to in rule making prior to the adoption of the final this notice, go to http:// rules. I. Comments Invited www.regulations.gov. A. In General II. Background DEPARTMENT OF HOMELAND DHS invites interested persons to A. Chemical Facility Security SECURITY submit written comments, data, or Rulemaking views. For each comment, please 6 CFR Part 27 identify the document number and Section 550 of the Homeland Security agency name for this notice. DHS Appropriations Act of 2007 (Pub. L. [DHS 2009–0141] encourages commenters to provide their 109–295, Oct. 2006) required the Department to issue, within six months, Chemical Facility Anti-Terrorism names and addresses. You may submit interim final regulations for the security Standards comments and materials electronically or by mail as provided under the of chemical facilities that, ‘‘in the AGENCY: Department of Homeland ADDRESSES section. DHS will file in the Secretary’s discretion, present high Security, National Protection and public docket all comments received by levels of security risk.’’ Under that Programs Directorate. DHS, except for comments containing authority, the Department promulgated ACTION: Request for comments. confidential information, sensitive the Chemical Facility Anti-Terrorism information, or Chemical-terrorism Standards, 6 CFR Part 27 (CFATS), on SUMMARY: The Department of Homeland Vulnerability Information (CVI) as April 9, 2007. See 72 FR 17688. Security (DHS or the Department) defined in 6 CFR 27.400(b). The CFATS interim final rule sought invites public comment on issues public comment on Appendix A, a related to certain regulatory provisions B. Handling of Confidential and tentative list of over 300 chemicals of in the Chemical Facility Anti-Terrorism Sensitive Information and Chemical- interest (COI) with the potential to Standards (CFATS) that apply to terrorism Vulnerability Information create significant human life or health facilities that store gasoline in (CVI) consequences if released, stolen or, aboveground storage tanks. Do not submit comments that include diverted, or sabotaged. Section DATES: Written comments must be trade secrets, confidential commercial 27.200(b)(2) of the CFATS regulation submitted on or before March 15, 2010. information, Chemical-terrorism requires any chemical facility that ADDRESSES: You may submit comments, Vulnerability Information (CVI) or other possesses any COI at or above the identified by docket number DHS– sensitive information to the public applicable screening threshold quantity 2009–0141, by one of the following docket. Please submit such comments (STQ) specified in Appendix A to methods: separate from other non-sensitive complete and submit an online data • Federal eRulemaking Portal: http:// comments regarding this notice. collection (the Top-Screen) to DHS. The www.regulations.gov. Follow the online Specifically, please mark any Department uses the facility’s Top- instructions for submitting comments. confidential or sensitive comments as Screen and, where applicable, other • Mail: U.S. Department of Homeland containing such information and submit available information to perform a Security, National Protection and them by mail to the individual listed in preliminary assessment of the facility’s Programs Directorate, Office of the FOR FURTHER INFORMATION CONTACT capacity to cause significant adverse Infrastructure Protection, Infrastructure section. Any comments containing CVI consequences if targeted for a terrorist Security Compliance Division, Mail should be marked and handled in attack.1 DHS uses that preliminary Stop 8100, Washington, DC 20528. accordance with the requirements of 6 consequence assessment to make an FOR FURTHER INFORMATION CONTACT: CFR 27.400(f). initial high-risk determination for the Todd Klessman, Office of Infrastructure DHS will not place any confidential facility. See 6 CFR 27.200–27.210. Protection, Infrastructure Security or sensitive comments in the public The Department assigns each facility Compliance Division, Mail Stop 8100, docket; rather, DHS will handle them in that is initially determined to be high- Washington, DC 20528, telephone accordance with applicable safeguards risk to a preliminary risk-based tier level number (703) 235–5263. and restrictions on access. See, e.g., 6 (Tiers 1–4, with Tier 1 representing the highest risk) and notifies the facility that SUPPLEMENTARY INFORMATION: CFR 27.400. See also the DHS CVI Procedural Manual (‘‘Safeguarding it must submit a Security Vulnerability Abbreviations and Terms Used in This Information Designated as CVI,’’ Assessment (SVA) to DHS. The Document September 2008, located on the DHS ASP—Alternative Security Program 1 In this notice, the terms ‘‘consequence’’ or Web site at http://www.dhs.gov/ ‘‘consequentiality’’ refer to the potential adverse CFATS—Chemical Facility Anti-Terrorism chemicalsecurity). DHS will hold any Standards effects on human life or health from a successful COI—Chemical(s) of Interest such comments in a separate file to terrorist incident at a chemical facility. See which the public does not have access, generally 72 FR 17696, 17700–17701. DHS also has CVI—Chemical-terrorism Vulnerability authority to determine that a facility is high-risk Information and place a note in the public docket based on potential consequences to national DHS—Department of Homeland Security that DHS has received such materials security or critical economic assets. See 6 CFR EPA—Environmental Protection Agency from the commenter. 27.105; 72 FR 17700–17701.

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Department uses the SVA to make a contained in chemical mixtures, DHS has finally determined to be high- final high-risk and tiering including gasoline 3 and the other fuels risk and thus required to submit SSPs. determination. Only those facilities that specified in § 27.203(b)(1)(v), for On June 29, 2009, DHS issued final are finally determined to be high-risk purposes of Appendix A. high-risk notifications to 10 are subject to the full scope of the The CFATS flammable mixtures rule aboveground gasoline storage tank regulations and required to submit, for generally parallels the rules previously facilities (i.e., terminals).6 Subsequently, DHS approval, Site Security Plans adopted by the U.S. Environmental DHS extended the SSP due dates for (SSPs) or Alternative Security Programs Protection Agency (EPA) under the those facilities to allow the Department (ASPs) that satisfy the risk-based Clean Air Act’s Risk Management to coordinate further actions regarding performance standards specified in the Program (RMP) for counting—or terminals as a group. This extension is CFATS regulations. See 6 CFR 27.220– excluding—flammable chemicals indefinite, pending the Department’s 27.225. contained in mixtures that may be consideration of certain technical issues DHS issued the final Appendix A on inadvertently or accidentally and questions raised during the initial November 20, 2007. See 72 FR 65396. released.4 See 72 FR 65402. As high-risk determination process for The November 2007 rule clarified that explained in the preamble to the those facilities, as discussed below. chemicals of interest listed in Appendix November 2007 rule, however, given the A due to potential risks related to different purposes, scope, and III. Issues Raised by the Gasoline ‘‘release’’ are classified as Release- applicability of CFATS and the EPA Terminals Industry Explosives, Release-Flammables, or RMP rules, there are several important A. Petition From International Liquid Release-Toxics, according to the type of differences between the CFATS and Terminals Association potential harm they may cause. See 72 RMP mixture regulations. See 72 FR FR 65397. In response to comments on 65398–65399, 65401–65402. Soon after promulgation of the the tentative Appendix A, DHS also One such difference is that the CFATS November 2007 Appendix A final rule, added provisions to CFATS to clarify flammable mixtures rule requires that several trade associations representing under what circumstances 2 and in what Release-Flammable COI (such as butane gasoline terminals raised both technical manner facilities must calculate the or pentane) contained in gasoline (and and procedural issues related to the quantities of certain types of COI under other fuels specified in § 27.203(b)(1)(v)) applicability of Appendix A and the Appendix A to determine if they are must be counted under Appendix A, Top-Screen requirement to those required to submit Top-Screens. See 72 even though EPA does not count the facilities. Procedurally, those FR 65397–65398. flammable chemicals in gasoline under associations claimed that DHS did not the terms of the RMP ‘‘mixtures rule,’’ 42 provide advance notice and opportunity B. Special Provisions for Counting COI CFR 68.115(b)(2).5 See 72 FR 65399 and in Mixtures to comment on the provisions of n. 8. The November 2007 notice §§ 27.203 and 27.204 related to Among other clarifications made in explained that, while EPA’s RMP rules aboveground fuel storage facilities that November 2007, DHS added § 27.203, are premised solely on accidental DHS added to CFATS in November which instructs facilities on when and releases of chemicals, the COI in these 2007. Technically, the industry how to calculate the STQ for certain flammable mixtures, including gasoline, associations claimed that DHS had types of chemicals of interest. With should be counted under Appendix A overestimated the potential respect to chemicals in gasoline, because of the potential consequences to consequences of a terrorist attack on § 27.203(b)(1)(v) requires facilities to human life or health of an intentional gasoline terminals by relying on a model count release-flammable COI (such as terrorist attack. See 72 FR 65399. that calculates the impacts of a ‘‘vapor butane and pentane) contained C. Implementation of CFATS cloud explosion’’ from release of in gasoline, diesel, kerosene or jet fuel flammable liquids from aboveground (including fuels that have flammability Over 36,000 facilities have submitted storage tanks, which the industry hazard ratings of 1, 2, 3 or 4, as determined Top-Screens to DHS and about 6500 of asserted is unrealistic for gasoline by using National Fire Protection Association those facilities were preliminarily terminals. (NFPA) [standard] 704 * * *) stored in determined by DHS to be high-risk and aboveground tank farms, including tank required to submit SVAs. DHS is now in On May 13, 2009, the International farms that are part of pipeline systems. the process of notifying those facilities Liquid Terminals Association (ILTA) In response to comments requesting that, based on review of their SVAs, submitted a petition to DHS under the that DHS clarify whether and how Administrative Procedure Act facilities should count COI in mixtures 3 There is no single chemical composition for the requesting that DHS exempt gasoline when calculating whether a facility mixture typically called ‘‘gasoline,’’ which varies in from CFATS and remove all references content and blending components from company to to gasoline terminals from meets or exceeds the applicable STQ company, region to region, and season to season. under Appendix A, the November 2007 All formulations of gasoline, however, contain a § 27.203(b)(1)(v) and the CFATS rule also added § 27.204. That section significant percentage of certain release-flammable flammable mixtures rule specifies how to calculate the amount of chemicals (e.g., pentane, butane) and typically have (§ 27.204(a)(2)).7 Through this notice, Release-Toxic, Release-Flammable and a National Fire Protection Association (NFPA) DHS invites comments on certain flammability hazard rating of 3. technical issues related to the Release-Explosive COI (as well as Theft- 4 See 40 CFR Part 68. COI) in chemical mixtures. See 72 FR 5 EPA’s exclusion of flammable chemicals in 65399, 65416. In particular, gasoline from the RMP rules was mandated by the 6 This notice will refer to all facilities with § 27.204(a)(2) (the ‘‘flammable mixtures Chemical Safety, Information, Site Security and aboveground gasoline storage tanks, including rule’’) clarified how to calculate the Fuels Regulatory Relief Act, Public Law 106–40. Cf. facilities (such as petroleum refineries) that may 72 FR 65410 (EPA RMP program excludes possess other chemicals that trigger the Top-Screen quantity of Release-Flammable COI flammable fuels). In addition, EPA agreed to delete requirement, as ‘‘gasoline terminals’’ or ‘‘terminals.’’ gasoline from the original version of the RMP Approximately 4000 terminals submitted Top- 2 Among other things, the November 2007 rule mixture rule, which had included gasoline, in Screens and DHS initially identified 405 of those provided additional criteria related to the physical settlement of litigation with the gasoline industry. facilities as high-risk. state (liquid, gas, or solid), concentration levels, and See 63 FR 640 (Jan. 6, 1998). The RMP exclusion 7 The ILTA petition is included in the public forms of packaging applicable to various chemicals for gasoline and other flammable fuels was codified docket for this notice and available for review at of interest that must be counted under Appendix A. by EPA at 40 CFR 68.126. http://www.regulations.gov.

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applicability of CFATS to gasoline modification results in a reduction of tank(s) in such a way as to make terminals. the potential consequences calculated formation of a vapor cloud more likely by the model, as compared to EPA’s than it would be in an accident like the B. Modeling of Potential Consequences model, and appears to be consistent Buncefield explosion.12 From Aboveground Gasoline Storage with the consequences from prior vapor Nonetheless, DHS invites public Tanks cloud explosions involving gasoline, as comment on the modified VCE model In deciding to add provisions to discussed below. Therefore, the and on any alternatives to the specific CFATS for counting chemicals of modified VCE model allows DHS to modification made by DHS to the yield interest in aboveground gasoline storage reasonably estimate the number of factor in the model. tanks, DHS considered several possible plausible worst-case casualties resulting methods for modeling the potential from a successful attack on a gasoline 2. ‘‘Pool Fire’’ Models consequences of terrorist incidents terminal. DHS considered other options for directed at such facilities—i.e., the DHS understands that the formation evaluating the potential consequences of vapor cloud explosion (VCE) model and of a gasoline vapor cloud with the a release from such facilities. the ‘‘pool fire’’ model. potential to cause significant harm to Specifically, DHS considered an human life and health requires that a existing model that calculates the 1. Modified VCE Model for Gasoline number of natural and man-made Terminals potential consequences from the circumstances combine in a certain way, radiated heat of a ‘‘pool fire’’ caused by In essence, a VCE model calculates and that accidental gasoline vapor cloud ignition of liquid gasoline suddenly the maximum distance at which a vapor explosions are therefore uncommon. released from one or more aboveground cloud produced by release of flammable DHS has determined, however, that tanks, but that implicitly assumes the chemicals would be harmful or lethal to those necessary conditions are more pool fire is confined within dikes or persons in or near the cloud (the likely to exist in the event of an other secondary containment ‘‘distance to endpoint’’), based on the intentional terrorist incident than in the surrounding the tank(s).13 The gasoline amount of flammable liquid chemical context of an accident, and thus, that it industry asserts that this ‘‘contained available, the estimated amount of the is reasonable and within the Secretary’s pool fire’’ scenario is more realistic for liquid that would convert to vapor, and discretion under Section 550 to apply terrorist incidents involving gasoline the distance the vapor cloud could the modified VCE model to gasoline terminals (e.g., attacks using explosive spread before becoming too ‘‘lean’’ to terminals. See generally 72 FR 65399. devices or weapons) than the VCE For example, in 2005 (long after EPA explode when exposed to an ignition scenario. The industry also asserts that excluded gasoline from the RMP rule, source. the potential consequences of such see n. 5, supra), a vapor cloud explosion Since EPA had already developed a contained pool fires do not warrant resulting from an unintentional VCE model for estimating the subjecting terminals to any CFATS overflow of a gasoline storage tank at the consequences of accidental releases of requirements. Buncefield Oil Storage Depot in flammable chemicals, including DHS did not rely on the ‘‘contained Hertfordshire, UK caused significant flammable mixtures, under the RMP pool fire’’ scenario, however, because injuries and other damage. Several regulations, DHS used the EPA VCE any model that assumes the gasoline storage trade associations have model as a starting point for modeling effectiveness of secondary containment asserted that the combination of specific potential VCE consequences for all does not represent a plausible, worst- circumstances resulting in the Release-Flammable COIs, including case terrorist scenario, since an 8 Buncefield incident—e.g., accidental those at gasoline terminals. DHS adversary seeking to maximize the but prolonged and undetected overflow modified the EPA VCE model, however, consequences of attacking a terminal of the tank, failure of detection devices, to account for certain differences would also attempt to breach the congestion from nearby obstacles, between gasoline and other flammable secondary containment.14 liquids mixtures, as explained below. weather conditions favoring DHS believes the modified VCE model accumulation rather than dispersal of the vapor cloud 10—are so rare that DHS 12 The pool fire model is described in EPA’s reflects a plausible worst-case scenario ‘‘RMP Guidance for Offsite Consequence Analysis’’ for terminals and is an appropriate tool should disregard the possibility of such (April 1999) at http://www.epa.gov/OEM/docs/ for assessing the potential consequences explosions at gasoline terminals.11 chem/oca-all.pdf. As is true for the VCE model, of a terrorist attack against gasoline DHS has concluded, however, that a EPA’s RMP pool fire model reflects assumptions terrorist seeking to cause such an that may be appropriate for worst-case accidental terminals. release scenarios but that are not necessarily Specifically, DHS refined the EPA explosion could target a facility where appropriate for plausible, worst-case intentional the necessary physical conditions exist release scenarios. VCE model to provide an even more 13 plausible estimate of the potential (or are likely to occur at some point in See letter dated December 10, 2008, from Sue time). In order to maximize the Armstrong, DHS, to Robin Rorick, American consequences of a terrorist attack on Petroleum Institute, et al., available in the public gasoline terminals in particular. While consequences of the explosion, such a docket for this notice. The mitigating effects, if any, EPA’s VCE model assumes that (up to) terrorist could attempt to cause gasoline of secondary containment may be taken into to leak or overflow from the targeted account, however, during the Department’s ten percent of a given amount of a determination as to whether a covered facility’s Site flammable liquid will participate in the Security Plan satisfies the CFATS risk-based explosion (the ‘‘yield factor’’), DHS Petroleum Institute, et al., which is available in the performance standards. public docket for this notice. 14 Models currently available for calculating the assumes that only one percent of 10 The ignition of such a vapor cloud, and the consequences of an uncontained pool fire include gasoline will participate, based on resulting explosion, would be relatively easy to assumptions that may be appropriate for releases gasoline’s combustion properties and its cause once the other circumstances were in place. from certain small sources (e.g., a gasoline tank storage at ambient conditions.9 This 11 See ‘‘Buncefield Major Incident Investigation truck) but that are not realistic or appropriate for Board: The Buncefield Incident,’’ 11 December 2005 worst-case modeling of large-scale releases (e.g., a Final Report (2008), available at http:// sudden release from an aboveground gasoline 8 EPA’s VCE model is available in appendix C of www.buncefieldinvestigation.gov.uk/reports. DHS storage tank). For example, the current EPA RMP EPA’s ‘‘RMP Guidance for Offsite Consequence does not believe that it is necessary or appropriate model assumes that the surface upon which the Analysis’’ (April 1999) at http://www.epa.gov/OEM/ to detail all the circumstances of that incident, or gasoline has been released is perfectly flat and non- docs?chem?oca-all.pdf. to respond to every facet of the gasoline terminals permeable. See EPA’s ‘‘RMP Guidance for Offsite 9 See Letter dated December 10, 2008, from Sue industry analyses of those circumstances, in this Consequence Analysis’’ (April 1999) at http:// Armstrong, DHS, to Robin Rorick, American notice. www.epa.gov/OEM/docs/chem/oca-all.pdf.

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DHS is currently considering, DEPARTMENT OF AGRICULTURE would be appropriate for your position. however, and seeks comments on, Please include relevant information and whether it is feasible to refine existing Agricultural Marketing Service data to support your position (e.g. models or develop a new model for scientific, environmental, uncontained pool fires (i.e., where the 7 CFR Part 205 manufacturing, industry, impact contents of one or more gasoline storage [Document Number AMS–NOP–09–0081; information, etc.). Only relevant tanks escape from secondary TM–09–04] material supporting your position should be submitted. containment), so that such a model RIN 0581–AC93 could be used for future consequence It is USDA’s intention to have all comments concerning this proposed assessments for gasoline terminals—in National Organic Program; Proposed rule, including names and addresses lieu of or in addition to the modified Amendments to the National List of when provided, regardless of VCE model. Allowed and Prohibited Substances submission procedure used, available (Crops) IV. Issues for Commenters for viewing on the Regulations.gov AGENCY: Agricultural Marketing Service, (http://www.regulations.gov) Internet Comments that will provide the most USDA. site. Comments submitted in response to assistance to DHS should address the ACTION: Proposed rule. this proposed rule will also be available following issues and questions. for viewing in person at USDA—AMS, Commenters should include SUMMARY: This proposed rule would National Organic Program, Room 2646– explanations and relevant supporting amend the U.S. Department of South Building, 1400 Independence materials with their comments Agriculture’s (USDA’s) National List of Ave., SW., Washington, DC, from 9 a.m. whenever possible. Allowed and Prohibited Substances to 12 noon and from 1 p.m. to 4 p.m., (National List) to reflect a. Comments on the inclusion of 6 Monday through Friday (except official recommendations submitted to the CFR 27.203(b)(1)(v) (counting of Federal holidays). Persons wanting to Secretary of Agriculture (Secretary) by Release-COI in gasoline, diesel, visit the USDA South building to view the National Organic Standards Board kerosene, or jet fuel in aboveground comments received in response to this (NOSB) on November 19, 2008, and May proposed rule are requested to make an storage tanks) and 6 CFR 27.204(a)(2) 6, 2009. The recommendations appointment in advance by calling (202) (the flammable mixtures rule), as they addressed in this proposed rule pertain 720–3252. apply to gasoline terminals. to amending an annotation for one FOR FURTHER INFORMATION CONTACT: b. Comments on the applicability of exempted material on the National List Shannon Nally, Acting Director, the modified VCE model to gasoline and establishing an exemption (use) for Standards Division, Telephone: (202) terminals, including: whether the another material in organic crop 720–3252; Fax (202) 205–7808. production. Consistent with the reduction of the vapor yield for gasoline SUPPLEMENTARY INFORMATION: from ten percent (as in EPA’s VCE recommendations from the NOSB, this model) to one percent reasonably proposed rule would amend the I. Background reflects the potential consequences for a annotation for a listed substance and On December 21, 2000, the Secretary vapor cloud explosion from gasoline (as add one substance, along with any established, within the National Organic compared to other liquid flammable restrictive annotation, to the National Program (NOP) (7 CFR part 205), the chemicals); and whether a different List. National List regulations §§ 205.600 yield factor adjustment might better DATES: Comments must be received by through 205.607. This National List reflect the potential consequences for a March 15, 2010. identifies the synthetic substances that vapor cloud explosion from gasoline. ADDRESSES: Interested persons may may be used and the nonsynthetic c. Comments on whether a reasonable comment on the proposed rule using the (natural) substances that may not be used in organic production. The model exists or should be developed for following procedures: • National List also identifies synthetic, future use that would allow DHS to Internet: http:// www.regulations.gov. nonsynthetic nonagricultural and estimate the plausible worst-case • Mail: Comments may be submitted nonorganic agricultural substances that consequences of an uncontained pool by mail to: Toni Strother, Agricultural may be used in organic handling. The fire resulting from a successful attack on Marketing Specialist, National Organic Organic Foods Production Act of 1990, gasoline terminals. Program, USDA–AMS–TMP–NOP, as amended, (7 U.S.C. 6501 et seq.), Dated: January 4, 2010. Room 2646–So., Ag Stop 0268, 1400 (OFPA), and NOP regulations, in Rand Beers, Independence Ave., SW., Washington, § 205.105, specifically prohibit the use Under Secretary for National Protection and DC 20250–0268. of any synthetic substance in organic Programs. Written comments responding to this production and handling unless the proposed rule should be identified with synthetic substance is on the National [FR Doc. 2010–234 Filed 1–11–10; 8:45 am] the document number AMS–NOP–09– List. Section 205.105 also requires that BILLING CODE P 0081; TM–09–04. You should identify any nonorganic agricultural and any the topic and section number of this nonsynthetic nonagricultural substance proposed rule to which your comment used in organic handling be on the refers. You should clearly state whether National List. you support the amendment of the Under the authority of the OFPA, the annotation for the substance on the National List can be amended by the national list and/or the exemption for Secretary based on proposed the substance being proposed, with amendments developed by the NOSB. clearly indicated reason(s) for your Since established, the National List has position. You should also offer any been amended eleven times: October 31, recommended language changes that 2003, (68 FR 61987); November 3, 2003,

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(68 FR 62215); October 21, 2005, (70 FR containing either calcium At its November 18–20, 2008, meeting 61217), June 7, 2006, (71 FR 32803); oxytetracycline or hydroxytetracycline in Washington, DC, the NOSB September 11, 2006, (71 FR 53299); June monohydrochloride (oxytetracycline recommended revising the tetracycline 27, 2007, (72 FR 35137); October 16, hydrochloride). Oxytetracycline is listing at 205.601(i)(11) to remove the 2007, (72 FR 58469); December 10, registered with the EPA for the qualifying words, ‘‘oxytetracycline 2007, (72 FR 70479); December 12, following agronomic uses: fire blight of calcium complex,’’ from the annotation 2007, (72 FR 70479); September 18, apples, pears, peaches and nectarines; and, in effect, permit the use of either 2008, (73 FR 59479); October 9, 2008, pear decline; bacterial spot on peaches form of oxytetracycline, i.e., (73 FR 59479). Additionally, a proposed and nectarines; lethal yellowing of oxytetracycline calcium complex and amendment to the National List was coconut palm; and lethal decline of oxytetracycline hydrochloride until published on June 3, 2009, (74 FR pritchardia palm. October 21, 2012. Both forms of 26591). Oxytetracyclines are derived from the oxytetracycline have EPA registered This proposed rule would amend the soil bacteria, Streptomyces, by a uses for fire blight control. In this open National List to reflect two fermentation process. Technical grade meeting, the NOSB evaluated the recommendations submitted to the tetracycline is a pale yellow to tan available technical forms of Secretary by the NOSB on November 19, crystalline powder, is freely soluble in oxytetraclycline against the evaluation 2008, and May 6, 2009. Based upon water, and decomposes above 180 criteria of 7 U.S.C. 6517 and 6518 of the their evaluation of petitions submitted degrees Celsius. Formulated products OFPA, received public comment, and by industry participants, the NOSB containing the technical grade concluded that the two forms of recommended that the Secretary amend oxytetracycline calcium complex and tetracycline are comparable, and that § 205.601 of the National List to amend oxytetracyline hydrochloride for allowing the use of both substances is the annotation for one exempted fireblight are wettable powders which consistent with the prior decision to material (tetracycline) and add one are spray-applied using ground or allow the use of oxytetracycline calcium substance (sulfurous acid) for use in aircraft equipment at early bloom stage, complex. organic crop production. The amended when fire blight infection usually The NOSB, however, recommended annotation and the exemption for use of occurs. In addition to agronomic uses, adding an expiration date of October 21, the added substance in organic oxytetracyclines are also antibiotics 2012, after which no form of production were evaluated by the NOSB used in human and animal drugs. tetracycline could be used in organic using the criteria specified in OFPA (7 Per the Federal Food, Drug, and crop production. Therefore, tetracycline U.S.C. 6517–6518). Cosmetic Act (FFDCA) (21 U.S.C. 301 et will be removed from the National List seq.), as amended by the Food Quality by the expiration date rather than II. Overview of Proposed Amendments Protection Act of 1996 (FQPA) (Pub. L. through a petition for removal or sunset. The following provides an overview 104–170, August 3, 1996), the EPA The recommendation to change the of the proposed amendments to established tolerances for residues of annotation for tetracycline would have designated sections of the National List these oxytetracycline pesticides in or on reset the sunset date to 5 years from the regulations: raw apples, peaches, nectarines, and date on which the annotation was pears of 0.35 parts per million (ppm) (40 Section 205.601 Synthetic Substances changed through this rulemaking. The CFR 180.337). In the 2006 Tolerance Allowed for Use in Organic Crop NOSB did not support prolonging the Reassessment Progress and Risk Production exemption for tetracycline and Management Decision (TRED), EPA recommended an expiration date to This proposed rule would amend deemed that the toxicity of the prevent that occurrence. The NOSB did § 205.601 of the National List oxytetracylines would be similar and not find tetracycline to be essential to, regulations by: (1) Amending the thus treated oxytetracycline nor compatible with, organic annotation of paragraph (i)(11) by hydrochloride and oxytetracycline production, but approved the use of eliminating the parenthetical reference calcium as equivalent for hazard oxytetracycline hydrochloride solely on to a form of the exempted material and characterization. In conducting the the basis that a functionally equivalent adding an expiration date; and (2) tolerance reassessment for form is already allowed for use in adding new paragraph (j)(9), for the oxytetracycline, EPA considered the organic crop production. The Board was purpose of allowing the use of the aggregate risk from exposure via food informed during the meeting, and this following substances: and water intake and concluded that the information is supported by EPA Tetracycline. Tetracycline, in the form dietary risk for all U.S. populations was references, that oxytetracycline calcium of oxytetracycline calcium complex, below the level of concern. In regards to complex and oxytetracycline was included in the National List as ecological effects, the EPA reported the hydrochloride are the only forms of originally published on December 21, potential for terrestrial and aquatic oxytetracycline that have registered 2000 (FR 65 80548), for use for fire species to be exposed to agricultural uses. NOSB approval of this blight control only. In October 2007, a oxytetracyclines due to use patterns on petition is not expected to increase the petition was submitted to add food crops, and the potential for acute overall use of tetracycline in organic oxytetracycline hydrochloride complex and/or chronic toxicity. The EPA crop production, but would allow for fireblight control in organic crop concluded that it is unlikely that growers to substitute one form for production. Tetracycline is a broad- antibiotic resistance from pesticidal use another until October 21, 2012. spectrum antibiotic for control of of oxytetracycline would result from The NOP engaged in consultations bacteria, fungi and mycoplasma-like food exposure, but could theoretically with the EPA and Food and Drug organisms which functions by inhibiting occur among bacteria in orchards. The Administration (FDA). The EPA protein synthesis in bacteria and EPA is conducting a registration review informed the NOP that the proposed altering bacterial membranes so that of oxytetracycline to ensure that the amendment to exempt oxytetracycline vital genetic material is leaked. For intended function is achieved without hydrochloride for use in organic crops regulatory purposes, Environmental unreasonable adverse effects on human is consistent with EPA regulations. Protection Agency (EPA) uses the term health or the environment. That review Concerning the use of tetracycline, FDA oxytetracycline to refer to pesticides is scheduled for completion in 2014. deferred to EPA as the appropriate

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regulatory body. Therefore, after pressurized water. The sulfur dioxide life at the application rates used. consultation with the EPA and FDA that is produced is immediately Furthermore, the Board determined that regarding NOSB’s recommendation to captured to form an aqueous solution of relying upon organic acids, such as amend the annotation for tetracycline sulfurous acid which can be added to citric, would require the importation use in organic crops, the Secretary the irrigation water stream for and application of such large quantities proposes to accept NSOB’s application to fields. Within hours of as to make the use of those substances recommendation and amend § 205.601 formation, sulfurous acid degrades to a impractical. of the National List by: (1) Removing the hydrogen ion and a bi-sulfite ion and is The NOP engaged in consultations qualifying words in parenthesis from not sufficiently stable for transporting to with the EPA and FDA. FDA deferred to the annotation at (i)(11) which currently a farm sites for use. EPA as the appropriate regulatory body. specifies, ‘‘oxytetracycline calcium The EPA does not regulate the EPA concurred that the use of this complex’’ to allow either form of application of sulfurous acid as a soil substance as specified would not oxyetracycline to be used; and, adding amendment to reduce alkalinity. conflict with EPA regulations. the expiration date, October 21, 2012, Sulfurous acid can cause burns from all Therefore, after consultation with the after which no tetracycline may be used routes of exposure and is corrosive. EPA and FDA regarding NOSB’s in organic crop production for fireblight Handlers should have protective recommendation to permit the use of control.1 clothing, eyeware and gloves, and sulfurous acid as a soil amendment in Sulfurous Acid (CAS #–7782–99–2). respirators may be needed in some organic crop production when limited Sulfurous Acid was petitioned for use in circumstances. Sulfurous acid should be to on-farm generation by burning 99% organic crop production as a soil used in a well-ventilated area. Repeated pure elemental sulfur, the Secretary is amendment. It functions as an exposure may cause damage to mucous proposing to accept the NOSB’s acidifying agent to neutralize and membranes, upper respiratory tract, skin recommendation and amend reduce the excessive alkalinity and eyes. § 205.601(j) of the National List by (bicarbonates and carbonates) in soil or Adverse biological or chemical adding sulfurous acid at new paragraph water. This substance also has transient reactions are not likely from the (j)(9) as follows: biocide properties that contribute to proposed use in organic crops soil Sulfurous acid (CAS #–7782–99–2)— keeping irrigation conveyance systems amendment purposes due to the quick from on-farm generation of substance, clean by suppressing growth of bacteria degradation of sulfurous acid, provided, by burning only 99% elemental sulfur, and pathogenic microorganisms. that the sulfurous acid is applied at the exempted at (j)(2) in this section.2 Sulfurous acid is a clear, nearly intended use rate and that soil pH is colorless solution (6–12%) which has a closely monitored. If anaerobic III. Related Documents pungent odor, and is soluble in water. conditions develop in waterlogged soil, Three notices were published Sulfurous acid degrades through anaerobic bacteria could convert the regarding the meetings of the NOSB and microbial decomposition to hydrogen sulfate ion to hydrogen sulfide which its deliberations on recommendations ion and sulfate ion. The hydrogen ions would be toxic to the immediate and substances petitioned for amending cause the acidifying effects. The sulfate ecosystem. the National List. Substances and At its May 4–6, 2009, meeting in ion is a nutrient to plants and micro- recommendations included in this Washington, DC, the NOSB organisms as long as the soil is aerobic. proposed rule were announced for recommended adding sulfurous acid to Sulfurous acid is produced through NOSB deliberation in the following the National List as a soil amendment natural and man-made processes by Federal Register Notices: (1) 73 FR for use in organic crop production, to be reacting sulfur dioxide with water. In 18491, April 4, 2008 (Tetracycline); (2) generated on-farm only by burning 99% nature, sulfurous acid is produced by 73 FR 54781, September 23, 2008 pure elemental sulfur per wild fires, hydro-thermal vents on the (Tetracycline); (3) 74 FR 11904, March § 205.601(j)(2), due to the transient ocean floor, vents on the earth’s surface, 20, 2009 (Sulfurous Acid). NOSB volcanic eruptions and fumaroles nature of the sulfurous acid. In this open meeting, the NOSB evaluated meetings are open to the public and emitting sulfur dioxide and reacting allow for public participation. with water. Sulfur dioxide is also sulfurous acid against the evaluation produced by burning coal to produce criteria of 7 U.S.C. 6517 and 6518 of the IV. Statutory and Regulatory Authority OFPA, received public comment, and heat or electricity. Sulfurous acid can be The OFPA, as amended [7 U.S.C. 6501 concluded that the use of the substance, manufactured by oxidizing elemental et seq.], authorizes the Secretary to as annotated, is consistent with the sulfur in a burner chamber with make amendments to the National List OFPA evaluation criteria. The NOSB based on proposed amendments explained that the on-farm generation is 1 EPA (U.S. Environmental Protection Agency). developed by the NOSB. Sections necessary because the short half-life of 2006. Report of the Food Quality Protection Act 6518(k)(2) and 6518(n) of the OFPA (FQPA) Tolerance Reassessment Progress and Risk sulfurous acid would prohibit shipping authorize the NOSB to develop Management Decision (TRED) for Oxytetracycline. from off-farm sites. Furthermore, the EPA 738–R–06–011. http://www.epa.gov/oppsrrd1/ proposed amendments to the National NOSB specified elemental sulfur at 99% REDs/oxytetracycline_tred.pdf. List for submission to the Secretary and purity as it is typically available in this EPA. 2008. Oxytetracycline Summary Document establish a petition process by which Registration Review: Initial Docket December 2008 form. Case #0655. EPA–HQ–OPP–2008–0686. http:// The NOSB also examined whether the persons may petition the NOSB for the www.epa.gov/oppsrrd1/registration_review/ addition of sulfurous acid was necessary oxytetracycline/index.htm. 2 Agricultural Marketing Service Science & ICF Consulting. Technical Evaluation Report in consideration of other substances on Technology Branch. Technical Evaluation Report Tetracycline (Oxytetracycline Calcium Complex). the National List, specifically elemental Sulfurous Acid. April 3, 2009. January 27, 2006. http://tinyurl.com/ygdtys4. sulfur and organic acids. The Board Harmon Systems International, LLC. Petition for National Organic Standards Board (NOSB). Final indicated that the controlled application sulfurous acid for inclusion on the National List. recommendation on Tetracycline. November 19, of sulfurous acid via irrigation is July 30, 2008. http://tinyurl.com/yh6wsv9. 2008, http://tinyurl.com/y9gds87. NOSB Final Recommendation on sulfurous acid. NOSB Meeting Transcripts. November 18, 2008, preferable to broadcast applications of May 6, 2009. http://tinyurl.com/yf9s6mb. pp. 185–201. November 19, 2008, pp. 130–148; elemental sulfur, which acts slower and NOSB Meeting Transcripts. May 5, 2009, pp. 191–213. http://tinyurl.com/ycaqqdq. can negatively impact the microbial soil 163–173. May 6, 2009, pp. 34–57.

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purpose of having substances evaluated the Poultry Products Inspections Act (21 economic impact on a substantial for inclusion on or deletion from the U.S.C. 451 et seq.), or the Egg Products number of small entities. National List. The National List petition Inspection Act (21 U.S.C. 1031 et seq.), Small agricultural service firms, process is implemented under § 205.607 concerning meat, poultry, and egg which include handlers and accredited of the NOP regulations. The current products, nor any of the authorities of certifying agents, have been defined by petition process (72 FR 2167, January the Secretary of Health and Human the Small Business Administration 18, 2007) can be accessed through the Services under the Federal Food, Drug (SBA) (13 CFR 121.201) as those having NOP Web site at http:// and Cosmetic Act (21 U.S.C. 301 et annual receipts of less than $7,000,000 www.ams.usda.gov/AMSv1.0/getfile? seq.), nor the authority of the and small agricultural producers are dDocName=STELPRDC5048809&acct= Administrator of the EPA under the defined as those having annual receipts nopgeninfo. Federal Insecticide, Fungicide and of less than $750,000. Rodenticide Act (7 U.S.C. 136 et seq.). According to USDA, Economic A. Executive Order 12866 Section 2121 of the OFPA (7 U.S.C. Research Service data based on This action has been determined not 6520) provides for the Secretary to information from USDA-accredited significant for purposes of Executive establish an expedited administrative certifying agents, the U.S. organic Order 12866, and therefore, has not appeals procedure under which persons industry included nearly 6,949 certified been reviewed by the Office of may appeal an action of the Secretary, organic crop and livestock operations at Management and Budget. the applicable governing State official, the end of 2001. These operations reported certified acreage totaling more B. Executive Order 12988 or a certifying agent under this title that adversely affects such person or is than 2.09 million acres of organic farm Executive Order 12988 instructs each inconsistent with the organic production. By the end of 2005, the executive agency to adhere to certain certification program established under number of U.S. certified organic crop requirements in the development of new this title. The OFPA also provides that and livestock operations totaled about and revised regulations in order to avoid the U.S. District Court for the district in 8,500 and certified organic acreage unduly burdening the court system. which a person is located has exceeded 4 million acres. ERS, based This proposed rule is not intended to jurisdiction to review the Secretary’s upon information provided by domestic have a retroactive effect. decision. accredited certifying agents, estimated States and local jurisdictions are the number of certified handling C. Regulatory Flexibility Act preempted under the OFPA from operations as exceeding 2,790 in 2004. creating programs of accreditation for The Regulatory Flexibility Act (RFA) AMS believes that most of these entities private persons or State officials who (5 U.S.C. 601 et seq.) requires agencies would be considered small entities want to become certifying agents of to consider the economic impact of each under the criteria established by the organic farms or handling operations. A rule on small entities and evaluate SBA. governing State official would have to alternatives that would accomplish the The U.S. sales of organic food and apply to USDA to be accredited as a objectives of the rule without unduly beverages have grown from $1 billion in certifying agent, as described in burdening small entities or erecting 1990 to nearly $17 billion in 2006. The § 2115(b) of the OFPA (7 U.S.C. barriers that would restrict their ability organic industry is viewed as the fasting 6514(b)). States are also preempted to compete in the market. The purpose growing sector of agriculture, under §§ 2104 through 2108 of the is to fit regulatory actions to the scale of representing almost 3 percent of overall OFPA (7 U.S.C. 6503 through 6507) businesses subject to the action. Section food and beverage sales. Since 1990, from creating certification programs to 605 of the RFA allows an agency to organic retail sales have historically certify organic farms or handling certify a rule, in lieu of preparing an demonstrated a growth rate between 20 operations unless the State programs analysis, if the rulemaking is not to 24 percent each year, including a 22 have been submitted to, and approved expected to have a significant economic percent increase in 2006. by, the Secretary as meeting the impact on a substantial number of small In addition, USDA has 100 accredited requirements of the OFPA. entities. certifying agents who provide Pursuant to § 2108(b)(2) of the OFPA Pursuant to the requirements set forth certification services to producers and (7 U.S.C. 6507(b)(2)), a State organic in the RFA, the AMS performed an handlers. A complete list of names and certification program may contain economic impact analysis on small addresses of accredited certifying agents additional requirements for the entities in the final rule published in the may be found on the AMS NOP Web production and handling of organically Federal Register on December 21, 2000 site, at http://www.ams.usda.gov/nop. produced agricultural products that are (65 FR 80548). The AMS has also AMS believes that most of these produced in the State and for the considered the economic impact of this accredited certifying agents would be certification of organic farm and action on small entities. The impact on considered small entities under the handling operations located within the entities affected by this proposed rule criteria established by the SBA. State under certain circumstances. Such would not be significant. The effect of additional requirements must: (a) this proposed rule would be to allow the D. Paperwork Reduction Act Further the purposes of the OFPA, (b) use of additional substances in No additional collection or not be inconsistent with the OFPA, (c) agricultural production. This action recordkeeping requirements are not be discriminatory toward would relax the regulations published imposed on the public by this proposed agricultural commodities organically in the final rule and would provide rule. Accordingly, OMB clearance is not produced in other States, and (d) not be small entities with more tools to use in required by section 350(h) of the effective until approved by the day-to-day operations. The AMS Paperwork Reduction Act of 1995, 44 Secretary. concludes that the economic impact of U.S.C. 3501 et seq., or OMB’s Pursuant to § 2120(f) of the OFPA (7 this addition of allowed substances, if implementing regulation at 5 CFR part U.S.C. 6519(f)), this proposed rule any, would be minimal to small 1320. would not alter the authority of the agricultural producers and service firms. The AMS is committed to compliance Secretary under the Federal Meat Accordingly, USDA certifies that this with the Government Paperwork Inspection Act (21 U.S.C. 601 et seq.), rule will not have a significant Elimination Act (GPEA), which requires

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Government agencies in general to NUCLEAR REGULATORY Mail comments to: Secretary, U.S. provide the public the option of COMMISSION Nuclear Regulatory Commission, submitting information or transacting Washington, DC 20555–0001, ATTN: business electronically to the maximum 10 CFR Part 32 Rulemakings and Adjudications Staff. E-mail comments to: extent possible. [Docket No. PRM–32–6; NRC–2009–0547] [email protected]. If you The AMS is committed to complying do not receive a reply e-mail confirming with the E-Government Act to promote Association of State and Territorial Solid Waste Management Officials; that we have received your comments, the use of the Internet and other contact us directly at 301–415–1677. information technologies to provide Notice of Receipt of Petition for Rulemaking Hand deliver comments to: 11555 increased opportunities for citizen Rockville Pike, Rockville, Maryland access to Government information and AGENCY: Nuclear Regulatory 20852, between 7:30 a.m. and 4:15 p.m. services, and for other purposes. Commission. Federal workdays. (Telephone 301–415– List of Subjects in 7 CFR Part 205 ACTION: Petition for rulemaking; Notice 1677). of receipt. You can access publicly available Administrative practice and documents related to this document procedure, Agriculture, Animals, SUMMARY: The Nuclear Regulatory using the following methods: Archives and records, Imports, Labeling, Commission (NRC) has received and Federal e-Rulemaking Portal: Go to Organically produced products, Plants, requests public comment on a petition http://www.regulations.gov and search Reporting and recordkeeping for rulemaking dated November 6, 2009, for documents filed under Docket ID requirements, Seals and insignia, Soil filed by the Association of State and NRC–2009–0547. Territorial Solid Waste Management conservation. NRC’s Public Document Room (PDR): Officials (ASTSWMO) (petitioner). The The public may examine and have For the reasons set forth in the petition was docketed by the NRC and copied for a fee publicly available preamble, 7 CFR part 205, Subpart G is has been assigned Docket No. PRM–32– documents at the NRC’s PDR, Room O1 proposed to be amended as follows: 6. The petitioner requests that the NRC F21, One White Flint North, 11555 amend its regulations and/or guidance Rockville Pike, Rockville, Maryland. PART 205—NATIONAL ORGANIC to improve the labeling and NRC’s Agencywide Documents Access PROGRAM accountability of tritium exit signs. and Management System (ADAMS): DATES: Submit comments by March 29, Publicly available documents created or 1. The authority citation for 7 CFR 2010. Comments received after this date received at the NRC are available part 205 continues to read as follows: will be considered if it is practical to do electronically at the NRC’s Electronic Authority: 7 U.S.C. 6501–6522. so, but the NRC is able to assure Reading Room at http://www.nrc.gov/ 2. Section 205.601 is amended by: consideration only for comments reading-rm/adams.html. From this page, received on or before this date. the public can gain entry into ADAMS, A. Revising paragraph (i)(ll). ADDRESSES: Please include Docket ID which provides text and image files of B. Adding new paragraph (j)(9). NRC–2009–0547 in the subject line of NRC’s public documents. If you do not The revision and addition read as your comments. Comments submitted in have access to ADAMS or if there are follows: writing or in electronic form will be problems in accessing the documents posted on the NRC Web site and on the located in ADAMS, contact the NRC’s § 205.601 Synthetic substances allowed Federal rulemaking Web site PDR reference staff at 1–800–397–4209, for use in organic crop production. Regulations.gov. Because your 301–415–4737, or by e-mail to * * * * * comments will not be edited to remove [email protected]. You may also obtain a copy of the (i) * * * any identifying or contact information, the NRC cautions you against including petition from ADAMS under accession (11) Tetracycline, for fire blight any information in your submission that number ML093410012. control only, and for use in organic crop you do not want to be publicly FOR FURTHER INFORMATION CONTACT: production only until October 21, 2012. disclosed. Michael T. Lesar, Chief, Rulemaking * * * * * The NRC requests that any party and Directives Branch, Division of Administrative Services, Office of (j) * * * soliciting or aggregating comments received from other persons for Administration, U.S. Nuclear Regulatory (9) Sulfurous acid (CAS #–7782–99–2) submission to the NRC inform those Commission, Washington, DC 20555– from on-farm generation of substance by persons that the NRC will not edit their 0001, Telephone 301–492–3663, toll burning only 99% purity elemental comments to remove any identifying or free 800–368–5642, sulfur per § 205.601(j)(2). contact information, and therefore, they [email protected]. * * * * * should not include any information in SUPPLEMENTARY INFORMATION: Dated: January 5, 2010. their comments that they do not want publicly disclosed. The Petitioner Rayne Pegg, You may submit comments by any The petitioner is an organization Administrator, Agricultural Marketing one of the following methods: representing the managers of solid Service. Federal Rulemaking Web site: Go to waste, hazardous waste, remediation, [FR Doc. 2010–165 Filed 1–11–10; 8:45 am] http://www.regulations.gov and search and underground storage tank programs BILLING CODE 3410–02–P for documents filed under Docket ID of the States and territories. The NRC–2009–0547. Comments may be petitioner states it is tasked with submitted electronically through this identifying national level radiation Web site. Address questions about NRC issues of concern and promoting dockets to Carol Gallagher 301–492– partnerships between States and Federal 3668; e-mail [email protected]. agencies to address these issues. The

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petitioner states it has been working the past decade have demonstrated SUMMARY: We propose to adopt a new with the U.S. Environmental Protection effective alternate technology for places airworthiness directive (AD) for the Agency since 2002 to improve public without electricity. Efficient Light products listed above. This proposed information about existing tritium exit Emitting Diodes with backup batteries AD results from mandatory continuing signs. are being used where electricity is airworthiness information (MCAI) available. These technologies together Background and Summary of originated by an aviation authority of replace the need for tritium self- Petitioner’s Assertions another country to identify and correct luminescent exit signs. The petitioner an unsafe condition on an aviation The petitioner performed an states that solid waste management product. The MCAI describes the unsafe evaluation on the lack of control of officials simply want to stop tritium exit condition as: During the removal of the tritium exit signs and contamination of sign disposal in landfills. wing removable leading edge on a BAe landfill leachate (the final report ‘‘Lack Proposed Action 146 aircraft for a repair (not related to of Tritium Exit Signs Control and the subject addressed by this AD), Contamination of Landfill Leachate,’’ The petitioner requests that the NRC corrosion was found on the wing fixed dated July 2009, is included as part of revise its regulations and/or guidance to leading edge structure. The the petition), and stated that it found improve the labeling and accountability investigation determined that the that the majority of unaccounted for of tritium exit signs. The petitioner existing scheduled environmental and tritium exit signs are disposed of in states that it would ideally like to see fatigue inspections would not have solid waste landfills where they become tritium exit sign technology detected the corrosion or fatigue potential sources of groundwater and immediately replaced by alternative damage. Corrosion or fatigue damage in surface water contamination. The technologies. this area, if not detected and corrected, The petitioner requests that NRC petitioner states that a minority of could lead to degradation of the revise its regulations and/or guidance to tritium exit signs are returned to the structural integrity of the wing. state: manufacturer for recycling, or disposed The proposed AD would require 1. The labeling should be in several of as low-level radioactive waste. actions that are intended to address the The petitioner asserts that from the locations on the sign, with larger font. unsafe condition described in the MCAI. standpoint of the existing market, 2. An expiration date should be specific changes to new tritium exit distinctly legible to a fire or building DATES: We must receive comments on signs will improve recognition and thus inspector without taking down the sign. this proposed AD by February 26, 2010. accountability. The labeling should be 3. The radiation trefoil should be ADDRESSES: You may send comments by in several locations on the sign, with a displayed on the front and back of any of the following methods: larger font, and the expiration date advertisements. • Federal eRulemaking Portal: Go to should be distinctly legible to a fire or Also, the petitioner recommends a http://www.regulations.gov. Follow the building inspector without taking down national collection effort with distinct instructions for submitting comments. the sign. The petitioner also states that milestones and goals should be • Fax: (202) 493–2251. manufacturers do not always undertaken to consolidate all expired • Mail: U.S. Department of demonstrate accountability in and disused tritium exit signs. The Transportation, Docket Operations, M– dispensing exit signs to the proper petitioner requests that NRC organize a 30, West Building Ground Floor, Room recipients, and recipients are not meeting with ASTSWMO and all W12–140, 1200 New Jersey Avenue, SE., informed of proper ownership and interested stakeholders to set a new path Washington, DC 20590. regulatory requirements provided in forward on this issue. • Hand Delivery: U.S. Department of NUREG–1556, Vol 16, Appendix L, and Dated at Rockville, Maryland, this 6th day Transportation, Docket Operations, M– 10 CFR 31.5 of the NRC’s regulations. of January 2010. 30, West Building Ground Floor, Room The online vendors do not always For the Nuclear Regulatory Commission. W12–40, 1200 New Jersey Avenue, SE., highlight that tritium is radioactive and Annette L. Vietti-Cook, Washington, DC, between 9 a.m. and 5 that it has special ‘‘general licensing’’ Secretary of the Commission. p.m., Monday through Friday, except requirements. The petitioner asserts that [FR Doc. 2010–347 Filed 1–11–10; 8:45 am] Federal holidays. radiation trefoil should be displayed on BILLING CODE 7590–01–P For service information identified in the front and back of advertisements. this proposed AD, contact BAE Systems The petitioner believes that, given the Regional Aircraft, 13850 McLearen recent Walmart experience with the DEPARTMENT OF TRANSPORTATION Road, Herndon, Virginia 20171; tritium exit signs, general licensing is telephone 703–736–1080; e-mail successful only when the user Federal Aviation Administration [email protected]; Internet understands that these devices are http://www.baesystems.com/Businesses/ radioactive and subject to controls. 14 CFR Part 39 RegionalAircraft/index.htm. You may Also, in light of the current general lack review copies of the referenced service of controls, specific licensee [Docket No. FAA–2009–1254; Directorate information at the FAA, Transport Identifier 2009–NM–040–AD] manufacturers should be responsible for Airplane Directorate, 1601 Lind informing customers of the proper RIN 2120–AA64 Avenue, SW., Renton, Washington. For disposal of expired and used tritium information on the availability of this exit signs. From the standpoint of solid Airworthiness Directives; BAE material at the FAA, call 425–227–1221 waste management officials, the Systems (Operations) Limited Model or 425–227–1152. petitioner believes that the NRC should BAe 146 and Avro 146–RJ70A, 146– Examining the AD Docket exercise its full regulatory authority to RJ85A, and 146–RJ100A Airplanes prevent the disposal of tritium exit signs AGENCY: Federal Aviation You may examine the AD docket on in landfills. Administration (FAA), DOT. the Internet at http:// The petitioner further asserts that, www.regulations.gov; or in person at the ACTION: Notice of proposed rulemaking though not in NRC’s purview, advances Docket Operations office between 9 a.m. (NPRM). in photo-luminescent technology over and 5 p.m., Monday through Friday,

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except Federal holidays. The AD docket inspections would not have detected the about 12 work-hours per product to contains this proposed AD, the corrosion or fatigue damage. comply with the basic requirements of regulatory evaluation, any comments Corrosion or fatigue damage in this area, if this proposed AD. The average labor not detected and corrected, could lead to received, and other information. The degradation of the structural integrity of the rate is $80 per work-hour. Based on street address for the Docket Operations wing. these figures, we estimate the cost of the office (telephone (800) 647–5527) is in For the reason described above, this AD proposed AD on U.S. operators to be the ADDRESSES section. Comments will requires repetitive inspections of the wing $960. be available in the AD docket shortly fixed leading edge and front spar structure Authority for This Rulemaking after receipt. for corrosion and/or fatigue damage [e.g., cracking] and repair, depending on findings. FOR FURTHER INFORMATION CONTACT: Title 49 of the United States Code Todd Thompson, Aerospace Engineer, There are two alternative inspection specifies the FAA’s authority to issue International Branch, ANM–116, methods: Method 1 is a combination of rules on aviation safety. Subtitle I, Transport Airplane Directorate, FAA, a detailed visual inspection and a visual section 106, describes the authority of 1601 Lind Avenue, SW., Renton, inspection; Method 2 is a detailed visual the FAA Administrator. ‘‘Subtitle VII: Washington 98057–3356; telephone inspection. You may obtain further Aviation Programs,’’ describes in more (425) 227–1175; fax (425) 227–1149. information by examining the MCAI in detail the scope of the Agency’s the AD docket. authority. SUPPLEMENTARY INFORMATION: We are issuing this rulemaking under Relevant Service Information Comments Invited the authority described in ‘‘Subtitle VII, BAE Systems (Operations) Limited Part A, Subpart III, Section 44701: We invite you to send any written has issued Inspection Service Bulletin General requirements.’’ Under that relevant data, views, or arguments about ISB.57–072, Revision 1, dated section, Congress charges the FAA with this proposed AD. Send your comments September 25, 2008. The actions promoting safe flight of civil aircraft in to an address listed under the described in this service information are air commerce by prescribing regulations ADDRESSES section. Include ‘‘Docket No. intended to correct the unsafe condition for practices, methods, and procedures FAA–2009–1254; Directorate Identifier identified in the MCAI. the Administrator finds necessary for 2009–NM–040–AD’’ at the beginning of safety in air commerce. This regulation FAA’s Determination and Requirements your comments. We specifically invite is within the scope of that authority of This Proposed AD comments on the overall regulatory, because it addresses an unsafe condition economic, environmental, and energy This product has been approved by that is likely to exist or develop on aspects of this proposed AD. We will the aviation authority of another products identified in this rulemaking consider all comments received by the country, and is approved for operation action. closing date and may amend this in the United States. Pursuant to our proposed AD based on those comments. bilateral agreement with the State of Regulatory Findings We have lengthened the 30-day Design Authority, we have been notified We determined that this proposed AD comment period for proposed ADs that of the unsafe condition described in the would not have federalism implications address MCAI originated by aviation MCAI and service information under Executive Order 13132. This authorities of other countries to provide referenced above. We are proposing this proposed AD would not have a adequate time for interested parties to AD because we evaluated all pertinent substantial direct effect on the States, on submit comments. The comment period information and determined an unsafe the relationship between the national for these proposed ADs is now typically condition exists and is likely to exist or Government and the States, or on the 45 days, which is consistent with the develop on other products of the same distribution of power and comment period for domestic transport type design. responsibilities among the various ADs. levels of government. Differences Between This AD and the We will post all comments we For the reasons discussed above, I MCAI or Service Information receive, without change, to http:// certify this proposed regulation: www.regulations.gov, including any We have reviewed the MCAI and 1. Is not a ‘‘significant regulatory personal information you provide. We related service information and, in action’’ under Executive Order 12866; will also post a report summarizing each general, agree with their substance. But 2. Is not a ‘‘significant rule’’ under the substantive verbal contact we receive we might have found it necessary to use DOT Regulatory Policies and Procedures about this proposed AD. different words from those in the MCAI (44 FR 11034, February 26, 1979); and to ensure the AD is clear for U.S. 3. Will not have a significant Discussion operators and is enforceable. In making economic impact, positive or negative, The European Aviation Safety Agency these changes, we do not intend to differ on a substantial number of small entities (EASA), which is the Technical Agent substantively from the information under the criteria of the Regulatory for the Member States of the European provided in the MCAI and related Flexibility Act. Community, has issued EASA service information. We prepared a regulatory evaluation Airworthiness Directive 2009–0014, We might also have proposed of the estimated costs to comply with dated January 21, 2009 (referred to after different actions in this AD from those this proposed AD and placed it in the this as ‘‘the MCAI’’), to correct an unsafe in the MCAI in order to follow FAA AD docket. condition for the specified products. policies. Any such differences are List of Subjects in 14 CFR Part 39 The MCAI states: highlighted in a NOTE within the Air transportation, Aircraft, Aviation During the removal of the wing removable proposed AD. safety, Incorporation by reference, leading edge on a BAe 146 aircraft for a Costs of Compliance repair (not related to the subject addressed by Safety. Based on the service information, we this AD), corrosion was found on the wing The Proposed Amendment fixed leading edge structure. The estimate that this proposed AD would investigation determined that the existing affect about 1 product of U.S. registry. Accordingly, under the authority scheduled environmental and fatigue We also estimate that it would take delegated to me by the Administrator,

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the FAA proposes to amend 14 CFR part Instructions of BAE SYSTEMS (Operations) Service Bulletin ISB.57–072, Revision 1, 39 as follows: Limited Inspection Service Bulletin ISB.57– dated September 25, 2008. Perform the 072, Revision 1, dated September 25, 2008. repetitive inspections at the times specified PART 39—AIRWORTHINESS (i) For airplanes with less than 9 years in paragraph (f)(2)(i) or (f)(2)(ii) of this AD, DIRECTIVES since date of issuance of the original as applicable. airworthiness certificate or the date of (i) For airplanes having enhanced 1. The authority citation for part 39 issuance of the original export certificate of corrosion protection that was applied during continues to read as follows: airworthiness as of the effective date of this the previous inspection: Inspect at intervals AD: Within 18 months after the effective date not to exceed 144 months. Authority: 49 U.S.C. 106(g), 40113, 44701. of this AD. (ii) For airplanes not having enhanced § 39.13 [Amended] (ii) For airplanes with 9 years or more, but corrosion protection that was applied during less than 15 years, since date of issuance of the previous inspection: Inspect at intervals 2. The FAA amends § 39.13 by adding the original airworthiness certificate or the not to exceed 72 months. the following new AD: date of issuance of the original export (3) After doing the initial inspection BAE SYSTEMS (Operations) Limited: Docket certificate of airworthiness as of the effective required by paragraph (f)(1) of this AD, at No. FAA–2009–1254; Directorate date of this AD: Within 18 months after the intervals not to exceed 36,000 flight cycles, Identifier 2009–NM–040–AD. effective date of this AD or within 16 years accomplish fatigue inspections in accordance since date of issuance of the original with paragraph 2.C. (Method 1) or paragraph Comments Due Date airworthiness certificate or the date of 2.D. (Method 2) of BAE SYSTEMS (a) We must receive comments by February issuance of the original export certificate of (Operations) Limited Inspection Service 26, 2010. airworthiness, whichever occurs first. Bulletin ISB.57–072, Revision 1, dated (iii) For airplanes with 15 years or more September 25, 2008. Affected ADs since entry into service as of the effective (4) If any cracking or corrosion is found (b) None. date of this AD: Within 6 months after the during any inspection required by this AD, effective date of this AD. before further flight, repair in accordance Applicability Note 1: Where BAE SYSTEMS (Operations) with the Accomplishment Instructions of (c) This AD applies to BAE SYSTEMS Limited Inspection Service Bulletin ISB.57– BAE Systems (Operations) Limited (Operations) Limited Model BAe 146–100A, 072, Revision 1, dated September 25, 2008, Inspection Service Bulletin ISB.57–072, –200A, and –300A series airplanes; and refers to a ‘‘visual inspection,’’ this term Revision 1, dated September 25, 2008. Model Avro 146–RJ70A, 146–RJ85A, and describes an inspection using visual (5) No repair terminates the inspection 146–RJ100A airplanes; certificated in any inspection equipment as defined in requirements of this AD. category, all serial numbers. Appendix 3 of the service bulletin. In other (6) Actions done before the effective date Subject BAE SYSTEMS instructions for continued of this AD in accordance with BAE Systems airworthiness, including the MPD and the (Operations) Limited Inspection Service (d) Air Transport Association (ATA) of Bulletin ISB.57–072, dated September 25, America Code 57: Wings. CPCP, such an inspection is referred to as a ‘‘Special Detailed Inspection’’ (SDI). 2008, are considered acceptable for Reason compliance with the corresponding actions Note 2: At the discretion of the aircraft specified in this AD. (e) The mandatory continuing owner/operator, corrosion protection may be (7) Submit a report of the findings (both airworthiness information (MCAI) states: embodied on those areas subject to a detailed positive and negative) of the inspection During the removal of the wing removable visual inspection, in accordance with required by paragraph (f)(1) of this AD to leading edge on a BAe 146 aircraft for a paragraph 2.E. or paragraph 2.F. of BAE Customer Liaison, Customer Support repair (not related to the subject addressed by SYSTEMS (Operations) Limited Inspection (Building 37), BAE Systems (Operations) this AD), corrosion was found on the wing Service Bulletin ISB.57–072, Revision 1, Limited, Prestwick International Airport, fixed leading edge structure. The dated September 25, 2008. Embodiment of Ayrshire, KA9 2RW, Scotland; fax +44 (0) investigation determined that the existing enhanced corrosion protection in accordance 1292 675432; e-mail scheduled environmental and fatigue with paragraph 2.E. BAE SYSTEMS [email protected], at the inspections would not have detected the (Operations) Limited Inspection Service applicable time specified in paragraphs corrosion or fatigue damage. Bulletin ISB.57–072, Revision 1, dated (f)(7)(i) and (f)(7)(ii) of this AD. The report Corrosion or fatigue damage in this area, if September 25, 2008, allows the interval of must include the inspection results, a not detected and corrected, could lead to the repetitive inspection (as required by description of any discrepancies found, the degradation of the structural integrity of the paragraph (f)(2) of this AD) to be extended in airplane serial number, and the number of wing. the area(s) of application in accordance with landings and flight hours on the airplane. For the reason described above, this AD paragraph (f)(2)(i) or (f)(2)(ii) of this AD, as (i) If the inspection was done on or after requires repetitive inspections of the wing applicable. the effective date of this AD: Submit the fixed leading edge and front spar structure (2) After doing the initial inspection report within 30 days after the inspection. for corrosion and/or fatigue damage [e.g., required by paragraph (f)(1) of this AD, at the (ii) If the inspection was done before the cracking] and repair, depending on findings. applicable intervals specified in paragraph effective date of this AD: Submit the report There are two alternative inspection (f)(2)(i) or (f)(2)(ii) of this AD, accomplish the within 30 days after the effective date of this methods: Method 1 is a combination of a repetitive inspections of the wing fixed AD. detailed visual inspection and a visual leading edge and front spar structure for Note 3: The inspections required by this inspection; Method 2 is a detailed visual cracking and corrosion in the ‘‘area of AD prevail over the Maintenance Review inspection. inspection’’ specified in Table 1 of paragraph 1.D., ‘‘Compliance,’’ of BAE SYSTEMS Board Report (MRBR), Maintenance Planning Actions and Compliance (Operations) Limited Inspection Service Document (MPD), Corrosion Prevention and (f) Unless already done, do the following Bulletin ISB.57–072, Revision 1, dated Control Programme (CPCP), and actions. September 25, 2008. Do the inspections in Supplemental Structural Inspection (1) At the applicable time identified in accordance with paragraph 2.C. (Method 1) Document (SSID) inspections defined in paragraph (f)(1)(i), (f)(1)(ii), or (f)(1)(iii) of or paragraph 2.D. (Method 2) of BAE paragraph 1.C.(3) of BAE Systems this AD: Perform a detailed visual inspection SYSTEMS (Operations) Limited Inspection (Operations) Limited Inspection Service and visual inspection (Method 1) or a Service Bulletin ISB.57–072, Revision 1, Bulletin ISB.57–072, Revision 1, dated detailed visual inspection (Method 2) for dated September 25, 2008. Where previously September 25, 2008. cracking and corrosion of the wing fixed applied, enhanced corrosion protection may FAA AD Differences leading edge and front spar structure, in then be re-applied, as an option, in accordance with paragraph 2.C. or 2.D., as accordance with paragraph 2.E. of BAE Note 4: This AD differs from the MCAI applicable, of the Accomplishment SYSTEMS (Operations) Limited Inspection and/or service information as follows: Where

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the EASA AD refers to ‘‘since entry into DEPARTMENT OF TRANSPORTATION • Hand Delivery: U.S. Department of service,’’ this AD specifies the date of Transportation, Docket Operations, M– issuance of the original airworthiness Federal Aviation Administration 30, West Building Ground Floor, Room certificate or the date of issuance of the W12–40, 1200 New Jersey Avenue, SE., original export certificate of airworthiness. 14 CFR Part 39 Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Other FAA AD Provisions [Docket No. FAA–2009–1250; Directorate Identifier 2008–NM–169–AD] Federal holidays. (g) The following provisions also apply to For service information identified in this AD: RIN 2120–AA64 this proposed AD, contact BAE Systems (1) Alternative Methods of Compliance Regional Aircraft, 13850 McLearen (AMOCs): The Manager, International Airworthiness Directives; BAE Systems (Operations) Limited Model Road, Herndon, Virginia 20171; Branch, ANM–116, Transport Airplane telephone 703–736–1080; e-mail Directorate, FAA, has the authority to BAe 146–100A, –200A, and –300A Series Airplanes, and Model Avro 146– [email protected]; Internet approve AMOCs for this AD, if requested http://www.baesystems.com/Businesses/ using the procedures found in 14 CFR 39.19. RJ70A, 146–RJ85A, and 146–RJ100A Airplanes RegionalAircraft/index.htm. You may Send information to ATTN: Todd Thompson, review copies of the referenced service Aerospace Engineer, International Branch, AGENCY: Federal Aviation information at the FAA, Transport ANM–116, Transport Airplane Directorate, Administration (FAA), DOT. Airplane Directorate, 1601 Lind FAA, 1601 Lind Avenue, SW., Renton, ACTION: Notice of proposed rulemaking Avenue, SW., Renton, Washington. For Washington 98057–3356; telephone (425) information on the availability of this 227–1175; fax (425) 227–1149. Before using (NPRM). material at the FAA, call 425–227–1221 any approved AMOC on any airplane to SUMMARY: We propose to adopt a new or 425–227–1152. which the AMOC applies, notify your airworthiness directive (AD) for the principal maintenance inspector (PMI) or products listed above that would Examining the AD Docket principal avionics inspector (PAI), as supersede an existing AD. This You may examine the AD docket on appropriate, or lacking a principal inspector, proposed AD results from mandatory the Internet at http:// your local Flight Standards District Office. continuing airworthiness information www.regulations.gov; or in person at the The AMOC approval letter must specifically (MCAI) originated by an aviation Docket Operations office between 9 a.m. reference this AD. and 5 p.m., Monday through Friday, (2) Airworthy Product: For any requirement authority of another country to identify in this AD to obtain corrective actions from and correct an unsafe condition on an except Federal holidays. The AD docket a manufacturer or other source, use these aviation product. The MCAI describes contains this proposed AD, the actions if they are FAA-approved. Corrective the unsafe condition as: In 1991, the UK regulatory evaluation, any comments actions are considered FAA-approved if they Civil Aviation Authority (CAA) issued received, and other information. The are approved by the State of Design Authority AD 015–08–91 [which corresponds to street address for the Docket Operations (or their delegated agent). You are required FAA AD 93–01–11], requiring the office (telephone (800) 647–5527) is in to assure the product is airworthy before it accomplishment of inspections of, and the ADDRESSES section. Comments will is returned to service. in case of crack findings, corrective be available in the AD docket shortly (3) Reporting Requirements: For any actions on, the wing top skin at rib ‘0’ after receipt. reporting requirement in this AD, under the of pre-modification HCM00851C BAe FOR FURTHER INFORMATION CONTACT: provisions of the Paperwork Reduction Act 146 series aircraft in accordance with Todd Thompson, Aerospace Engineer, (44 U.S.C. 3501 et seq.), the Office of British Aerospace Service Bulletin (SB) International Branch, ANM–116, Management and Budget (OMB) has 57–41 dated 26 July 1991. Recently, Transport Airplane Directorate, FAA, approved the information collection BAE Systems (Operations) Ltd has 1601 Lind Avenue, SW., Renton, requirements and has assigned OMB Control determined that a revised inspection Washington 98057–3356; telephone Number 2120–0056. programme for the wing top skin and (425) 227–1175; fax (425) 227–1149. joint strap at rib ‘0’ on all BAe 146 and SUPPLEMENTARY INFORMATION: Related Information AVRO 146–RJ aircraft is necessary to (h) Refer to MCAI European Aviation assure the continued structural integrity Comments Invited Safety Agency Airworthiness Directive 2009– of this area. Cracking of the wing centre We invite you to send any written 0014, dated January 21, 2009; and BAE section top skin, if undetected, could relevant data, views, or arguments about SYSTEMS (Operations) Limited Inspection lead to structural failure and consequent this proposed AD. Send your comments Service Bulletin ISB.57–072, Revision 1, loss of the aircraft. to an address listed under the dated September 25, 2008; for related The proposed AD would require ADDRESSES section. Include ‘‘Docket No. information. actions that are intended to address the FAA–2009–1250; Directorate Identifier Issued in Renton, Washington, on January unsafe condition described in the MCAI. 2008–NM–169–AD’’ at the beginning of 6, 2010. DATES: We must receive comments on your comments. We specifically invite Stephen P. Boyd, this proposed AD by February 26, 2010. comments on the overall regulatory, Acting Manager, Transport Airplane ADDRESSES: You may send comments by economic, environmental, and energy Directorate, Aircraft Certification Service. any of the following methods: aspects of this proposed AD. We will • [FR Doc. 2010–381 Filed 1–11–10; 8:45 am] Federal eRulemaking Portal: Go to consider all comments received by the BILLING CODE 4910–13–P http://www.regulations.gov. Follow the closing date and may amend this instructions for submitting comments. proposed AD based on those comments. • Fax: (202) 493–2251. We have lengthened the 30-day • Mail: U.S. Department of comment period for proposed ADs that Transportation, Docket Operations, M– address MCAI originated by aviation 30, West Building Ground Floor, Room authorities of other countries to provide W12–140, 1200 New Jersey Avenue, SE., adequate time for interested parties to Washington, DC 20590. submit comments. The comment period

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for these proposed ADs is now typically unsafe condition identified in the We are issuing this rulemaking under 45 days, which is consistent with the MCAI. the authority described in ‘‘Subtitle VII, comment period for domestic transport Part A, Subpart III, Section 44701: FAA’s Determination and Requirements ADs. General requirements.’’ Under that of This Proposed AD We will post all comments we section, Congress charges the FAA with receive, without change, to http:// This product has been approved by promoting safe flight of civil aircraft in www.regulations.gov, including any the aviation authority of another air commerce by prescribing regulations personal information you provide. We country, and is approved for operation for practices, methods, and procedures will also post a report summarizing each in the United States. Pursuant to our the Administrator finds necessary for substantive verbal contact we receive bilateral agreement with the State of safety in air commerce. This regulation about this proposed AD. Design Authority, we have been notified is within the scope of that authority of the unsafe condition described in the because it addresses an unsafe condition Discussion MCAI and service information that is likely to exist or develop on On January 8, 1993, we issued AD 93– referenced above. We are proposing this products identified in this rulemaking 01–11, Amendment 39–8465 (58 FR AD because we evaluated all pertinent action. 6081, January 26, 1993). That AD information and determined an unsafe Regulatory Findings required actions intended to address an condition exists and is likely to exist or unsafe condition on the products listed develop on other products of the same We determined that this proposed AD above. type design. would not have federalism implications Since we issued AD 93–01–11, the under Executive Order 13132. This European Aviation Safety Agency Differences Between This AD and the proposed AD would not have a (EASA), which is the Technical Agent MCAI or Service Information substantial direct effect on the States, on for the Member States of the European We have reviewed the MCAI and the relationship between the national Community, has issued EASA related service information and, in Government and the States, or on the Airworthiness Directive 2008–0168, general, agree with their substance. But distribution of power and dated September 2, 2008 (referred to we might have found it necessary to use responsibilities among the various after this as ‘‘the MCAI’’), to correct an different words from those in the MCAI levels of government. unsafe condition for the specified to ensure the AD is clear for U.S. For the reasons discussed above, I products. The MCAI states: operators and is enforceable. In making certify this proposed regulation: ‘‘ In 1991, the UK Civil Aviation Authority these changes, we do not intend to differ 1. Is not a significant regulatory (CAA) issued AD 015–08–91 [which substantively from the information action’’ under Executive Order 12866; corresponds to FAA AD 93–01–11], requiring provided in the MCAI and related 2. Is not a ‘‘significant rule’’ under the the accomplishment of inspections of, and in service information. DOT Regulatory Policies and Procedures case of crack findings, corrective actions on, We might also have proposed (44 FR 11034, February 26, 1979); and the wing top skin at rib ‘0’ of pre- different actions in this AD from those 3. Will not have a significant modification HCM00851C BAe 146 series in the MCAI in order to follow FAA economic impact, positive or negative, aircraft in accordance with British Aerospace policies. Any such differences are on a substantial number of small entities Service Bulletin (SB) 57–41 dated 26 July under the criteria of the Regulatory 1991. Recently, BAE Systems (Operations) highlighted in a note within the proposed AD. Flexibility Act. Ltd has determined that a revised inspection We prepared a regulatory evaluation programme for the wing top skin and joint Costs of Compliance strap at rib ‘0’ on all BAe 146 and AVRO of the estimated costs to comply with 146–RJ aircraft is necessary to assure the Based on the service information, we this proposed AD and placed it in the continued structural integrity of this area. estimate that this proposed AD would AD docket. Cracking of the wing centre section top skin, affect about 1 product of U.S. registry. List of Subjects in 14 CFR Part 39 if undetected, could lead to structural failure The actions that are required by AD and consequent loss of the aircraft. 93–01–11 and retained in this proposed Air transportation, Aircraft, Aviation For the reasons described above, this new AD take about 4 work-hours per safety, Incorporation by reference, EASA [European Aviation Safety Agency] AD product, at an average labor rate of $80 Safety. supersedes UK CAA AD 015–08–91 and requires repetitive high-frequency eddy per work hour. Based on these figures, The Proposed Amendment the estimated cost of the currently current (HFEC), radiographic, ultrasonic, and Accordingly, under the authority required actions is $320 per product. detailed visual inspections [for cracking and delegated to me by the Administrator, We estimate that it would take about corrosion] of the wing top skin and joint the FAA proposes to amend 14 CFR part strap at rib ‘0’, the reporting of all inspection 4 work-hours per product to comply 39 as follows: results to BAE Systems and, in case of with the new basic requirements of this findings, the accomplishment of corrective proposed AD. The average labor rate is PART 39—AIRWORTHINESS actions. $80 per work-hour. Based on these DIRECTIVES The corrective actions include repairing figures, we estimate the cost of the cracking and corrosion, and contacting proposed AD on U.S. operators to be 1. The authority citation for part 39 BAE Systems (Operations) Limited for $320. continues to read as follows: repair instructions and doing the repair. Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. You may obtain further information by examining the MCAI in the AD docket. Title 49 of the United States Code § 39.13 [Amended] specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by Relevant Service Information rules on aviation safety. Subtitle I, removing Amendment 39–8465 (58 FR BAE Systems (Operations) Limited section 106, describes the authority of 6081, January 26, 1993) and adding the has issued Inspection Service Bulletin the FAA Administrator. ‘‘Subtitle VII: following new AD: ISB.57–070, dated October 15, 2007. Aviation Programs,’’ describes in more BAE SYSTEMS (Operations) Limited: Docket The actions described in this service detail the scope of the Agency’s No. FAA–2009–1250; Directorate information are intended to correct the authority. Identifier 2008–NM–169–AD.

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Comments Due Date Branch, ANM–113, Transport Airplane strap, and do all applicable corrective (a) We must receive comments by February Directorate, FAA, or the Manager, actions, in accordance with ‘‘PART 2’’ of 26, 2010. International Branch, ANM–116, Transport paragraph 2.C. ‘‘Inspection’’ of BAE Systems Airplane Directorate, FAA. As of the effective (Operations) Limited Inspection Service Affected ADs date of this AD, repair in accordance with a Bulletin ISB.57–070, dated October 15, 2007. (b) The AD supersedes AD 93–01–11, method approved by the Manager, Do all applicable corrective actions before Amendment 39–8465. International Branch, ANM–116, Transport further flight. Repeat the inspections Airplane Directorate, FAA. Thereafter, repeat thereafter at intervals not to exceed 4,000 Applicability the inspection required by paragraph (f) of flight cycles. (c) This AD applies to all BAE Systems this AD at intervals not to exceed 9,000 (i) For airplanes on which an inspection (Operations) Limited Model BAe 146–100A, landings, in accordance with British was not done in accordance with SSI 57–10– –200A, and –300A series airplanes, and Aerospace Inspection Service Bulletin 57–41, 102 and 57–10–102A (MPD 571002–SDI– Model Avro 146–RJ70A, 146–RJ85A, and dated July 26, 1991, until the initial 10000–1 and 571002–SDI–10000–2) as of the 146–RJ100A airplanes; certificated in any inspection required by paragraph (g)(1) of effective date of this AD: Before the category. this AD is accomplished. accumulation of 24,000 total flight cycles, or (2) If no cracks are found, repeat the within 4,000 flight cycles after the effective Subject inspection required by paragraph (f) of this date of this AD, whichever occurs later. (d) Air Transport Association (ATA) of AD at intervals not to exceed 9,000 landings, (ii) For airplanes on which an inspection America Code 57: Wings. in accordance with British Aerospace was done in accordance with SSI 57–10–102 Inspection Service Bulletin 57–41, dated July or 57–10–102A (MPD 571002–SDI–10000–1 Reason 26, 1991, until the initial inspection required or 571002–SDI–10000–2) as of the effective (e) The mandatory continuing by paragraph (g)(1) of this AD is date of this AD: Within 3,000 flights cycles airworthiness information (MCAI) states: accomplished. after the effective date of this AD. (3) Submit a report of the findings (both In 1991, the UK Civil Aviation Authority New Requirements of This AD (CAA) issued AD 015–08–91 [which positive and negative) of the initial corresponds to FAA AD 93–01–11], requiring (g) Unless already done, do the following inspections required by paragraphs (g)(1) and (g)(2) of this AD to BAE Systems (Operations) the accomplishment of inspections of, and in actions. Limited, at the applicable time specified in case of crack findings, corrective actions on, Note 1: The instructions of BAE Systems paragraph (g)(3)(i) or (g)(3)(ii) of this AD. The the wing top skin at rib ‘0’ of pre- (Operations) Limited Inspection Service report must include the inspection results, a modification HCM00851C BAe 146 series Bulletin ISB.57–070, dated October 15, 2007, description of any discrepancies found, the aircraft in accordance with British Aerospace which is the subject of this AD, are divided airplane serial number, and the number of Service Bulletin (SB) 57–41 dated 26 July into two parts; consequently, the statement in landings and flight hours on the airplane. 1991. Recently, BAE Systems (Operations) paragraph 1.C. of BAE Systems (Operations) Send reports to Customer Liaison, Customer Ltd has determined that a revised inspection Limited Inspection Service Bulletin ISB.57– Support (Building 37), BAE SYSTEMS 070, dated October 15, 2007, that there are programme for the wing top skin and joint (Operations) Limited, Prestwick International three parts is incorrect and can be strap at rib ‘0’ on all BAe 146 and AVRO Airport, Ayrshire, KA9 2RW, Scotland; fax disregarded. 146–RJ aircraft is necessary to assure the +44 (0) 1292 675432; e-mail continued structural integrity of this area. (1) At the applicable compliance time [email protected]. Cracking of the wing centre section top skin, specified in paragraph (g)(1)(i) or (g)(1)(ii) of (i) If the inspection was done on or after if undetected, could lead to structural failure this AD: Do an HFEC inspection of the front the effective date of this AD: Submit the and consequent loss of the aircraft. and rear spar flanges, a detailed visual report within 30 days after the inspection. For the reasons described above, this new inspection of the stringers, and a detailed (ii) If the inspection was done before the EASA [European Aviation Safety Agency] AD visual inspection of the stringer crown effective date of this AD: Submit the report supersedes UK CAA AD 015–08–91 and fittings, all at the rib ‘‘0’’ joint strap, for within 30 days after the effective date of this requires repetitive high-frequency eddy cracking and corrosion, and do all applicable AD. current (HFEC), radiographic, ultrasonic, and corrective actions, in accordance with ‘‘Part (4) Accomplishment of any repair does not detailed visual inspections [for cracking and 1’’ of paragraph 2.C., ‘‘Inspection,’’ of BAE constitute terminating action for the corrosion] of the wing top skin and joint Systems (Operations) Limited Inspection inspection requirements of this AD. strap at rib ‘0’, the reporting of all inspection Service Bulletin ISB.57–070, dated October results to BAE Systems and, in case of 15, 2007. Repeat the inspections thereafter at FAA AD Differences findings, the accomplishment of corrective intervals not to exceed 4,000 flight cycles. Do Note 2: This AD differs from the MCAI actions. all applicable corrective actions before and/or service information as follows: No The corrective actions include repairing further flight. Accomplishment of these differences. cracking and corrosion, and contacting BAE initial inspections terminates the inspections Systems (Operations) Limited for repair required by paragraphs (f), (f)(1), and (f)(2) of Other FAA AD Provisions instructions and doing the repair. this AD. (h) The following provisions also apply to (i) For airplanes on which an inspection this AD: Restatement of Requirements of AD 93–01– was not done in accordance with (1) Alternative Methods of Compliance 11, With No Changes Supplemental Structural Inspection (SSI) 57– (AMOCs): The Manager, International (f) Unless already done, for Model BAe 10–101 (MPD 571001–DVI–10000–1) as of Branch, FAA, has the authority to approve 146–100A, –200A, and –300A series the effective date of this AD: Prior to the AMOCs for this AD, if requested using the airplanes: Prior to the accumulation of 24,000 accumulation of 20,000 total flight cycles, or procedures found in 14 CFR 39.19. Send landings, or within 60 days after March 2, within 4,000 flight cycles after the effective information to ATTN: Todd Thompson, 1993 (the effective date of AD 93–01–11), date of this AD, whichever occurs later. Aerospace Engineer, International Branch, whichever occurs later: Perform an x-ray (ii) For airplanes on which an inspection ANM–116, Transport Airplane Directorate, inspection to detect fatigue cracks in the left was done in accordance with SSI 57–10–101 FAA, 1601 Lind Avenue, SW., Renton, and right wing upper skins, joint straps, and (MPD 571001–DVI–10000–1) as of the Washington 98057–3356; telephone (425) stringers in the vicinity of rib ‘‘0,’’ in effective date of this AD: Within 3,000 flight 227–1175; fax (425) 227–1149. Before using accordance with British Aerospace cycles after the effective date of this AD. any approved AMOC on any airplane to Inspection Service Bulletin 57–41, dated July (2) At the applicable compliance time which the AMOC applies, notify your 26, 1991. Doing the inspection required by specified in paragraph (g)(2)(i) or (g)(2)(ii) of principal maintenance inspector (PMI) or paragraph (g)(1) of this AD terminates the this AD: Do detailed visual and HFEC principal avionics inspector (PAI), as inspection required by this paragraph. inspections to detect cracking and corrosion appropriate, or lacking a principal inspector, (1) If cracks are found, prior to further of the rib ‘‘0’’ strap, a radiographic inspection your local Flight Standards District Office. flight, repair in accordance with a method of the rib ‘‘0’’ joint, and an ultrasonic The AMOC approval letter must specifically approved by the Manager, Standardization inspection of the skin at the rib ‘‘0’’ joint reference this AD.

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(2) Airworthy Product: For any requirement Correction Natomas Ballroom, 4900 Duckhorn in this AD to obtain corrective actions from On page 62531, correct the docket Drive, Sacramento, California 95834. a manufacturer or other source, use these Telephone: 916–263–9000. actions if they are FAA-approved. Corrective number to read ‘‘[ISOO–09–0001]’’and actions are considered FAA-approved if they correct the RIN to read ‘‘3095–AB63’’. Written comments on this proposed rule may also be submitted to EPA are approved by the State of Design Authority Dated: January 5, 2010. (or their delegated agent). You are required electronically, by mail, by facsimile, or Laura J. McCarthy, to assure the product is airworthy before it through hand delivery/courier. Please is returned to service. Federal Register Liaison. refer to the notice of proposed (3) Reporting Requirements: For any [FR Doc. 2010–394 Filed 1–11–10; 8:45 am] rulemaking to be published in an reporting requirement in this AD, under the BILLING CODE 7515–01–P upcoming Federal Register and also provisions of the Paperwork Reduction Act available now at the following Web site: (44 U.S.C. 3501 et seq.), the Office of http://www.epa.gov/ttn/naaqs/ Management and Budget (OMB) has _ _ _ approved the information collection ENVIRONMENTAL PROTECTION standards/ozone/s o3 cr fr.html for the requirements and has assigned OMB Control AGENCY addresses and detailed instructions for Number 2120–0056. submitting written comments. 40 CFR Parts 50 and 58 A complete set of documents related Related Information [EPA–HQ–OAR–2005–0172; FRL–9102–3] to the proposal is available for public (i) Refer to MCAI EASA Airworthiness inspection at the EPA Docket Center, RIN 2060–AP98 Directive 2008–0168, dated September 2, located at 1301 Constitution Avenue, 2008; British Aerospace Inspection Service Bulletin 57–41, dated July 26, 1991; and BAE Public Hearings for Reconsideration of NW., Room 3334, Washington, DC Systems (Operations) Limited Inspection the 2008 National Ambient Air Quality between 8:30 a.m. and 4:30 p.m., Service Bulletin ISB.57–070, dated October Standards for Ozone Monday through Friday, excluding legal 15, 2007; for related information. holidays. A reasonable fee may be AGENCY: Issued in Renton, Washington, on Environmental Protection charged for copying. Documents are also December 30, 2009. Agency (EPA). available through the electronic docket Ali Bahrami, ACTION: Announcement of public system at http://www.regulations.gov. Manager, Transport Airplane Directorate, hearings. The EPA Web site for the rulemaking, Aircraft Certification Service. which includes the proposal and SUMMARY: The EPA is announcing three [FR Doc. 2010–382 Filed 1–11–10; 8:45 am] information about the public hearings, public hearings to be held for the can be found at: http://www.epa.gov/ttn/ BILLING CODE 4910–13–P proposed rule, ‘‘Reconsideration of the naaqs/standards/ozone/s_o3_cr_fr.html. 2008 National Ambient Air Quality Standards for Ozone,’’ which was signed FOR FURTHER INFORMATION CONTACT: If NATIONAL ARCHIVES AND RECORDS on January 6, 2010, and will be you would like to speak at the public ADMINISTRATION published in an upcoming Federal hearings or have questions concerning Register. The hearings will be held the public hearings, please contact Ms. Information Security Oversight Office concurrently in Arlington, Virginia, and Tricia Crabtree at the address given Houston, Texas, on Tuesday, February below under SUPPLEMENTARY 32 CFR Part 2004 2, 2010, and in Sacramento, California, INFORMATION. [NARA–09–0005] on Thursday, February 4, 2010. Questions concerning the In the proposed rule, EPA proposes to ‘‘Reconsideration of the 2008 National RIN 3095–AB34 set different primary and secondary Ambient Air Quality Standards for standards than those set in 2008 to Ozone’’ proposed rule should be National Industrial Security Program addressed to Ms. Susan Lyon Stone, Directive No. 1 provide requisite protection of public health and welfare, respectively. U.S. EPA, Office of Air Quality Planning and Standards, Health and AGENCY: Information Security Oversight DATES: The public hearings will be held Office, NARA. on February 2, 2010, and February 4, Environmental Impacts Division, (C504– 06), Research Triangle Park, NC 27711, ACTION: Proposed rule; correction. 2010. Please refer to SUPPLEMENTARY telephone: (919) 541–1146, e-mail: SUMMARY: This document corrects the INFORMATION for additional information [email protected]. heading to a proposed rule published in on the public hearings. SUPPLEMENTARY INFORMATION: The the Federal Register of November 30, ADDRESSES: The hearings will be held at proposal for which EPA is holding the 2009, regarding the National Industrial the following locations: public hearings will be published in an Security Program Directive No. 1. This Arlington: Tuesday, February 2, 2010. upcoming Federal Register. The public correction assigns a Federal Docket Hyatt Regency Crystal City @ Reagan hearings will provide interested parties Management System (FDMS) number to National Airport, Washington Room the opportunity to present data, views, the proposed rule for Information (located on the Ballroom Level), 2799 or arguments concerning the proposed Security Oversight Office (ISOO) Jefferson Davis Highway, Arlington, rules. The EPA may ask clarifying regulations and provides a new Virginia 22202. Telephone: 703–418– questions during the oral presentations, regulation identifier number (RIN). 1234. but will not respond to the FOR FURTHER INFORMATION CONTACT: Houston: Tuesday, February 2, 2010. presentations at that time. Written Laura McCarthy, 301–837–3023. Hilton Houston Hobby Airport, Moody statements and supporting information SUPPLEMENTARY INFORMATION: In Ballroom (located on the ground floor), submitted during the comment period proposed rule FR Doc. E9–28517, 8181 Airport Boulevard, Houston, Texas will be considered with the same weight beginning on page 62531 in the issue of 77061. Telephone: 713–645–3000. as any oral comments and supporting November 30, 2009, make the following Sacramento: Thursday, February 4, information presented at the public corrections in the heading of the 2010. Four Points by Sheraton hearings. Written comments must be document. Sacramento International Airport, postmarked by the last day of the

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comment period, as specified in the Dated: January 4, 2010. Comments received generally will be proposal. Jennifer Noonan Edmonds, posted without change to http:// The three public hearings will be held Acting Director, Office of Air Quality Planning www.regulations.gov, including any concurrently in Arlington, Virginia, and and Standards. personal information provided. Houston, Texas, on February 2, 2010, [FR Doc. 2010–351 Filed 1–11–10; 8:45 am] FOR FURTHER INFORMATION CONTACT: Ms. and in Sacramento, California, on BILLING CODE 6560–50–P Amy Williams, (703) 602–0328. February 4, 2010. The public hearings SUPPLEMENTARY INFORMATION: will begin each day at 9:30 a.m. and continue until 7:30 p.m. (local time) or DEPARTMENT OF DEFENSE A. Background later, if necessary, depending on the On January 6, 2010, DoD published a number of speakers wishing to Defense Acquisition Regulations proposed rule in the Federal Register participate. The EPA will make every System (75 FR 832). The comment date is being effort to accommodate all speakers that corrected from March 9, 2009, to March arrive and register before 7:30 p.m. The [DFARS Case 2009–D012] 9, 2010. EPA is scheduling a lunch break from 48 CFR Parts 225 and 252 12:30 until 2 p.m. If you would like to Amy G. Williams, present oral testimony at the hearings, Defense Federal Acquisition Editor, Defense Acquisition Regulations please notify Ms. Tricia Crabtree, Regulation Supplement; Foreign System. (C504–02) U.S. Environmental Participation in Acquisitions in [FR Doc. 2010–380 Filed 1–11–10; 8:45 am] Protection Agency, Research Triangle Support of Operations in Afghanistan BILLING CODE 5001–08–P Park, NC 27711, e-mail (preferred method for registering): AGENCY: Department of Defense (DoD). [email protected]; telephone: (919) ACTION: Proposed rule; correction of DEPARTMENT OF THE INTERIOR 541–5688. She will arrange a general comment date. time slot for you to speak. The EPA will SUMMARY: DoD is proposing to amend Fish and Wildlife Service make every effort to follow the schedule the Defense Federal Acquisition as closely as possible on the day of the Regulation Supplement (DFARS) to 50 CFR Part 17 hearings. Oral testimony will be limited to five implement: Waiver of the section 302(a) [FWS-R4-ES-2009-0029] of the Trade Agreements Act of 1979, as (5) minutes for each commenter to [92210-1111-0000 B2] address the proposal. We will not be amended, which prohibits acquisitions providing equipment for commenters to of products or services from non- Endangered and Threatened Wildlife show overhead slides or make designated countries, in order to allow and Plants; 90-Day Finding on a computerized slide presentations unless acquisition from the nine South Petition to List the Eastern Population we receive special requests in advance. Caucasus/Central and South Asian (SC/ of the Gopher Tortoise as Threatened Commenters should notify Ms. Crabtree CASA) states; and Determination of AGENCY: if they will need specific audiovisual inapplicability of the Balance of Fish and Wildlife Service, (AV) equipment. Commenters should Payments Program evaluation factor to Interior. also notify Ms. Crabtree if they need offers of products (other than arms, ACTION: Notice of 90–day petition specific translation services for non- ammunition, or war materials) from the finding; reopening of the information English speaking commenters. The EPA SC/CASA states to support operations in solicitation period. encourages commenters to provide Afghanistan. The end of the comment SUMMARY: We, the U.S. Fish and written versions of their oral testimonies period was erroneously published as Wildlife Service (Service), provide either electronically on computer disk March 9, 2009, rather than March 9, clarification of our request for or CD–ROM or in paper copy. 2010. information related to our September 9, The hearing schedules, including lists DATES: Comment date: Comments on the 2009, 90–day finding on a petition to of speakers, will be posted on EPA’s proposed rule published January 6, 2010 list the eastern population of the gopher Web site for the proposal at http:// (75 FR 832), should be submitted in tortoise (Gopherus polyphemus) as www.epa.gov/ttn/naaqs/standards/ writing to the address shown below on threatened under the Endangered ozone/s_o3_cr_fr.html prior to the or before March 9, 2010. hearings. Verbatim transcripts of the Species Act of 1973, as amended (Act), ADDRESSES: You may submit comments, and initiation of status review. This hearings and written statements will be identified by DFARS Case 2009–D012, included in the rulemaking docket. notice is intended to clarify that all using any of the following methods: interested parties may continue to • Federal eRulemaking Portal: http:// How Can I Get Copies of This submit information and materials on the www.regulations.gov. Follow the Document and Other Related status of the gopher tortoise throughout Information? instructions for submitting comments. • E-mail: [email protected]. Include its range during the period of the status The EPA has established the official DFARS Case 2009–D012 in the subject review. Information previously public docket for the ‘‘Reconsideration line of the message. submitted need not be resubmitted as it of the 2008 National Ambient Air • Fax: (703) 602–0305. has already been incorporated into the Quality Standards for Ozone’’ under • Mail: Defense Acquisition public record and will be fully Docket Number EPA–HQ–OAR–2005– Regulations System, Attn: Ms. Amy considered in the 12–month finding. 0172. The EPA has also developed a Williams, OUSD (AT&L) DPAP (DARS), DATES: To allow us adequate time to Web site for the proposal at the address IMD 3D139, 3062 Defense Pentagon, consider and incorporate submitted given above. Please refer to the Washington, DC 20301–3062. information into our review, we request proposal, published in an upcoming • Hand Delivery/Courier: Defense that we receive information on or before Federal Register for detailed Acquisition Regulations System, Crystal March 15, 2010. After this date, the information on accessing information Square 4, Suite 200A, 241 18th Street, Federal eRulemaking Portal will not related to the proposal. Arlington, VA 22202–3402. accept further information. Although we

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will accept information submitted after population of the gopher tortoise may be gopher tortoise in the eastern portion of that date, that information should be warranted. We also initiated a status its range. submitted directly to the Field Office review to determine if listing the species Please note that submissions merely (see FOR FURTHER INFORMATION CONTACT). is warranted, and asked the public to stating support for or opposition to the Please note that while we will make submit information to assist us in our action under consideration without every effort to address or incorporate status review. We asked the public to providing supporting information, information in our status review that we submit information by November 9, although noted, will not be considered receive after March 15, 2010, in order 2009, in order for us sufficient time to in making a determination, as section for us to make a timely finding we consider the information in the status 4(b)(1)(A) of the Act (16 U.S.C. 1531 et request submittal of information and review. seq.) directs that determinations as to comments as soon as possible. Since that time, several interested whether any species is a threatened or ADDRESSES: You may submit parties have notified us that they wish endangered species must be made information by one of the following to submit additional information ‘‘solely on the basis of the best scientific methods: relevant to the listing of the eastern and commercial data available.’’ Based • Federal eRulemaking Portal: http:// population of the gopher tortoise. They on our status review, we will issue a 12– www.regulations.gov. Follow the have indicated that the information month finding on the petition as instructions for submitting comments. could not be submitted before provided in section 4(b)(3)(B) of the Act. • November 9, 2009, but could be U.S. mail or hand-delivery: Public Authority Comments Processing, Attn: FWS-R4- submitted prior to the anticipated ES-2009-0029; Division of Policy and completion of the status review in 2010. The authority for this action is section Directives Management; U.S. Fish and We have advised these parties 4 of the Endangered Species Act of Wildlife Service; 4401 N. Fairfax Drive, individually that we would continue to 1973, as amended (16 U.S.C. 1531 et Suite 222; Arlington, VA 22203. accept such information after November seq.). We will post all information we 9, 2009. However, to ensure that all Dated: December 28, 2009. receive on http://www.regulations.gov. interested parties have the same Robyn Thorson, opportunity to provide relevant data, This generally means that we will post Acting Director, U.S. Fish and Wildlife any personal information you provide this notice clarifies that information to Service. assist us in our review of the status of us If your hardcopy submission [FR Doc. 2010–311 Filed 1–11–10; 8:45 am] includes personal identifying the gopher tortoise may be submitted to BILLING CODE 4310–55–S information, you may request at the top the Federal eRulemaking Portal through of your document that we withhold this the date specified in DATES, and directly personal identifying information from to the Field Office thereafter (see DATES DEPARTMENT OF THE INTERIOR public review. However, we cannot and ADDRESSES above). This notice also guarantee that we will be able to do so. corrects errors in contact information in Fish and Wildlife Service Information and materials we receive, the September 9, 2009, notice. as well as supporting documentation we We are continuing to request 50 CFR Part 17 used in preparing this finding, will be information on the status of the gopher [RIN 1018–AW21] available for public inspection on http:// tortoise throughout its range. We request www.regulations.gov, or by appointment information from the public, other [Docket No. FWS–R1–ES–2009–0046] during normal business hours, at the concerned governmental agencies, [MO 92210–0–0009–B4] Jacksonville Ecological Services Field Native American Tribes, the scientific Office (see FOR FURTHER INFORMATION community, industry, or any other Endangered and Threatened Wildlife CONTACT section). interested parties concerning the status and Plants; Proposed Designation of Critical Habitat for Limnanthes FOR FURTHER INFORMATION CONTACT: of the eastern portion of the gopher floccosa ssp. grandiflora (Large- Micheal Jennings, U.S. Fish and tortoise’s range. We are seeking Flowered Woolly Meadowfoam) and Wildlife Service, Attn: Gopher Tortoise information regarding: Lomatium cookii (Cook’s Lomatium) Review, 7915 Baymeadows Way, Suite (1) The species’ historical and current status and distribution, its biology and 200, Jacksonville, Florida 32256; by AGENCY: Fish and Wildlife Service, ecology, and ongoing conservation telephone (904 731-3336); by facsimile Interior. (904 731-3045); or by e-mail: measures for the species and its habitat; (2) Information relevant to the factors ACTION: Proposed rule; reopening of [email protected]. Persons who use that are the basis for making a listing comment period, availability of draft a telecommunications device for the determination for a species under economic analysis, amended required deaf (TDD) may call the Federal section 4(a) of the Act, which are: determinations, and announcement of Information Relay Service (FIRS) at 800- a) The present or threatened public hearing. 877-8339. destruction, modification, or SUPPLEMENTARY INFORMATION: curtailment of the species’ habitat or SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the Request for Information range; b) Overutilization for commercial, reopening of the comment period on the We, the U.S. Fish and Wildlife recreational, scientific, or educational proposed designation of critical habitat Service, published a 90–day finding on purposes; for two plants, Limnanthes floccosa ssp. a petition to list the eastern population c) Disease or predation; grandiflora (large-flowered woolly of the gopher tortoise (Gopherus d) The inadequacy of existing meadowfoam) and Lomatium cookii polyphemus) as threatened in the regulatory mechanisms; or (Cook’s lomatium, also known as Cook’s Federal Register on September 9, 2009 e) Other natural or manmade factors desert parsley), under the Endangered (74 FR 46401). In that finding, we found affecting its continued existence and Species Act of 1973, as amended (Act). that the petition presented substantial threats to the species or its habitat; and We also announce the availability of a scientific or commercial information (3) Information related to the genetics, draft economic analysis (DEA) and an indicating that listing the eastern status, distribution, and threats to the amended required determinations

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section of the proposal. We are Public Comments section below for 3) Specific information on L.f. ssp. reopening the comment period for an more information). grandiflora and Lomatium cookii and additional 30 days to allow all FOR FURTHER INFORMATION CONTACT: Paul the habitat components (physical and interested parties an opportunity to Henson, State Supervisor, U.S. Fish and biological features) essential to the comment simultaneously on the Wildlife Service, Oregon Fish and conservation of these species, such as proposed designation of critical habitat Wildlife Office, 2600 SE 98th Avenue, soil moisture gradient, microsite for L.f. ssp. grandiflora and Lomatium Suite 100, Portland, OR 97266; by preferences, and light requirements. cookii, the associated DEA, and the telephone (503-231-6179); or by 4) Any information on the biological amended required determinations facsimile (503-231-6195). Persons who or ecological requirements of these section. If you submitted comments use a telecommunications device for the species. previously, you do not need to resubmit deaf (TDD) may call the Federal 5) Land-use designations and current them because we have already Information Relay Service (FIRS) at 800- or planned activities in areas occupied incorporated previously submitted 877-8339. by the species, and their impacts on the species and the proposed critical comments into the public record and SUPPLEMENTARY INFORMATION: will fully consider them in preparation habitat. of the final rule. We also announce a Public Comments 6) Any foreseeable economic, national public hearing; the public is invited to security, or other potential impacts We will accept written comments and resulting from the proposed designation review and comment on any of the information during this reopened above actions associated with the and, in particular, any impacts on small comment period on the proposed entities and the benefits of including or proposed critical habitat designation at designation of critical habitat for the public hearing or in writing. excluding areas that are subject to these Limnanthes floccosa ssp. grandiflora impacts. DATES: Written Comments: We will and Lomatium cookii that was 7) Whether the benefits of excluding consider public comments received or published in the Federal Register on any particular area from critical habitat postmarked on or before February 11, July 28, 2009 (74 FR 37314), the DEA of would outweigh the benefits of 2010. Please note that if you are using the proposed designation of critical including that area as critical habitat the Federal eRulemaking Portal (see habitat for Limnanthes floccosa ssp. under section 4(b)(2) of the Act. ‘‘ADDRESSES’’ section, below), the grandiflora and Lomatium cookii, and 8) Whether our approach to deadline for submitting an electronic the amended required determinations designating critical habitat could be comment is Eastern Standard Time on provided in this rule. Verbal testimony improved or modified in any way to this date. or written comments may also be provide for greater public participation Public Hearing: We will hold a public presented during the public hearing (see and understanding, or to assist us in hearing on February 2, 2010, from 5:30 the Public Hearing section below for accommodating public concerns and p.m. to 7:30 p.m. Pacific Time in more information). We will consider comments. Medford, Oregon. An informational information and recommendations from You may submit your comments and meeting will be held earlier that day all interested parties. We are materials concerning our proposed rule, from 3:30 p.m. to 5:00 p.m. particularly interested in comments the associated DEA, and our amended ADDRESSES: Written Comments: You concerning: required determinations by one of the may submit comments by one of the 1) The reasons why we should or methods listed in the ADDRESSES following methods: should not designate areas as ‘‘critical section. • Federal eRulemaking Portal: http:// habitat’’ under section 4 of the Act (16 If you submit a comment via http:// www.regulations.gov. In the box that U.S.C. 1531 et seq.), including whether www.regulations.gov, your entire reads ‘‘Enter Keyword or ID,’’ enter the there are threats to Limnanthes floccosa submission? including any personal docket number for this proposed rule, ssp. grandiflora and Lomatium cookii identifying information?will be posted which is FWS-R1-ES-2009-0046. Check from human activity, the degree of on the website. If your submission is the box that reads ‘‘Open for Comment/ which could be expected to increase made via a hardcopy that includes Submission,’’ and then click the Search due to a designation, and whether the personal identifying information, you button. You should then see an icon that benefit of designation would outweigh may request at the top of your document reads ‘‘Submit a Comment.’’ Please threats to the species caused by a that we withhold this personal ensure that you have found the correct designation, such that the designation of identifying information from public rulemaking before submitting your critical habitat would be prudent. review. However, we cannot guarantee comment. 2) Specific information on: that we will be able to do so. We will • U.S. mail or hand-delivery: Public • The amount and distribution of L.f. post all hardcopy submissions on http:// Comments Processing, Attn: FWS-R1- ssp. grandiflora and Lomatium cookii www.regulations.gov. Please include ES-2009-0046; Division of Policy and habitat; sufficient information with your Directives Management; U.S. Fish and • What areas occupied at the time of comments to allow us to verify any Wildlife Service; 4401 N. Fairfax Drive, listing that contain features essential to scientific or commercial information Suite 222; Arlington, VA 22203. the conservation of the species should you include. Public Hearing: We will hold the be included in the designation and why; Comments and materials we receive, public hearing at the Jackson County • Special management considerations as well as supporting documentation Library Services Medford Library or protections that the features essential used to prepare this notice, will be Branch Conference Room, 205 South to L.f. ssp. grandiflora and Lomatium available for public inspection at http:// Central Avenue, Medford, OR 97501. cookii conservation that have been www.regulations.gov, or by Availability of Comments: We will identified in the proposed rule, appointment, during normal business post all comments and the public including managing for the potential hours, at the U.S. Fish and Wildlife hearing transcript on http:// effects of climate change; and Service, Oregon Fish and Wildlife Office www.regulations.gov. This generally • What areas not occupied at the time (see FOR FURTHER INFORMATION CONTACT means that we will post any personal of listing are essential to the section). You may obtain copies of the information you provide us (see the conservation of the species and why. proposed rule and DEA on the Internet

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at http://www.regulations.gov at Docket a single rulemaking because they share in the Federal Register on July 28, 2009 Number FWS–R1–ES–2009–0046, from similar habitats. We also addressed the (74 FR 37314). The DEA quantifies the our Web site at http://www.fws.gov/ other two species in this settlement economic impacts of all potential oregonfwo/, or by mail from the Oregon agreement; however, further work on conservation efforts for L.f. ssp. Fish and Wildlife Office (see FOR these species will be completed in grandiflora and Lomatium cookii; some FURTHER INFORMATION CONTACT section). separate rules. We agreed to submit a of these costs will likely be incurred proposed critical habitat rule for both Public Hearing regardless of whether or not we L.f. ssp. grandiflora and Lomatium designate critical habitat. The economic We are holding a public hearing on cookii to the Federal Register by July impact of the proposed critical habitat the date listed in the DATES section at 15, 2009, and a final rule by July 15, designation is analyzed by comparing the address listed in the ADDRESSES 2010. The proposed rule for these two scenarios both ‘‘with critical habitat’’ section. We are holding this public species was signed on July 13, 2009, and and ‘‘without critical habitat.’’ The hearing to provide interested parties an subsequently published in the Federal ‘‘without critical habitat’’ scenario opportunity to provide verbal testimony Register on July 28, 2009 (74 FR 37314). represents the baseline for the analysis, (formal, oral comments) or written Section 3 of the Act defines critical considering protections already in place comments regarding the proposed habitat as the specific areas within the for the species (e.g., under the Federal critical habitat designation, the geographical area occupied by the listing and other Federal, State, and associated DEA, and the amended species, at the time it is listed in local regulations). The baseline, required determinations section. An accordance with the provisions of therefore, represents the costs incurred informational session will be held on section 4 of the Act, on which are found regardless of whether critical habitat is the day of the hearing from 3:30 p.m. to those physical or biological features designated. The ‘‘with critical habitat’’ 5:00 p.m. Pacific Time. During this essential to the conservation of the scenario describes the incremental session, Service biologists will be species and which may require special impacts associated specifically with the available to provide information and management considerations or designation of critical habitat for the address questions on the proposed rule protection, and specific areas outside species. The incremental conservation in advance of the formal hearing. the geographical area occupied by the efforts and associated impacts are those People needing reasonable species at the time it is listed, upon a not expected to occur absent the accommodations in order to attend and determination that such areas are designation of critical habitat for the participate in the public hearings essential for the conservation of the species. In other words, the incremental should contact Paul Henson, Oregon species. If the proposed rule is made costs are those attributable solely to the Fish and Wildlife Office, at 503-231- final, section 7 of the Act will prohibit designation of critical habitat above and 6179, as soon as possible (see FOR destruction or adverse modification of beyond the baseline costs; these are the FURTHER INFORMATION CONTACT section). critical habitat by any activity funded, costs we may consider in the final In order to allow sufficient time to authorized, or carried out by any designation of critical habitat. The process requests, please call no later Federal agency. Federal agencies analysis looks retrospectively at than one week before the hearing date. proposing actions that affect critical baseline impacts incurred since the Background habitat must consult with us on the species was listed, and forecasts both effects of their proposed actions, under It is our intent to discuss only those baseline and incremental impacts likely section 7(a)(2) of the Act. to occur if we finalize the proposed topics directly relevant to the proposed Under section 4(b)(2) of the Act, we critical habitat designation. designation of critical habitat for may exclude an area from critical Limnanthes floccosa ssp. grandiflora habitat if we determine that the benefits The DEA estimates impacts based on and Lomatium cookii in this notice. For of such exclusion outweigh the benefits activities that are reasonably more information on previous Federal of including that particular area as foreseeable, including, but not limited actions concerning L.f. ssp. grandiflora critical habitat, unless failure to to, activities that are currently and Lomatium cookii, refer to the designate that specific area as critical authorized, permitted, or funded, or for proposed designation of critical habitat habitat will result in the extinction of which proposed plans are currently published in the Federal Register on the species. In making a decision to available to the public. The DEA July 28, 2009 (74 FR 37314). For more exclude areas, we consider the provides estimated costs of the information on L.f. ssp. grandiflora and economic impact, impact on national foreseeable potential economic impacts Lomatium cookii or their habitat, please security, or any other relevant impact of of the proposed critical habitat refer to the final listing rule published the designation. designation for Limnanthes floccosa ssp. in the Federal Register on November 7, grandiflora and Lomatium cookii over 2002 (67 FR 68004), or contact the Draft Economic Analysis the next 20 years, which we determined Oregon Fish and Wildlife Office (see Section 4(b)(2) of the Act requires that to be the appropriate period for analysis FOR FURTHER INFORMATION CONTACT we designate or revise critical habitat because limited planning information section). based upon the best scientific data was available for most activities to On December 19, 2007, the Center for available, after taking into consideration reasonably forecast activity levels for Biological Diversity filed a complaint the economic impact, impact on projects beyond a 20–year timeframe. against the Service (Center for Biological national security, or any other relevant The DEA identifies potential Diversity v. Kempthorne, et al., 07-CV- impact of specifying any particular area incremental costs as a result of the 2378 IEG, (S.D. CA)) for failure to as critical habitat. proposed critical habitat designation; designate critical habitat for four plant We have prepared a Draft Economic these are those costs attributed to species, including Limnanthes floccosa Analysis (DEA), which identifies and critical habitat over and above those ssp. grandiflora and Lomatium cookii. analyzes the potential economic impacts baseline costs attributed to listing. The In a settlement agreement reached on associated with the proposed DEA quantifies economic impacts of April 11, 2008, we agreed to complete designation of critical habitat for conservation efforts for L.f. ssp. a critical habitat determination for L.f. Limnanthes floccosa ssp. grandiflora grandiflora and Lomatium cookii ssp. grandiflora and Lomatium cookii in and Lomatium cookii that we published associated with the following categories

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of activity: (1) residential, urban, and transportation activities and species amending our required determinations commercial development; (2) habitat and conservation management concerning E.O. 12866 (Regulatory transportation; and (3) species activities would see some minor Planning and Review), the Regulatory conservation and management incremental impacts. All incremental Flexibility Act (5 U.S.C. 601 et seq.), activities. A number of economic impacts attributed to the designation of E.O. 13211 (Energy Supply, activities considered in the economic critical habitat are administrative costs Distribution, and Use), E.O. 12630 analysis are not forecast to incur associated with addressing adverse (Takings), and the Unfunded Mandates baseline or incremental impacts. modification in future section 7 Reform Act (2 U.S.C. 1501 et seq.). Therefore, the DEA considers potential consultations. . As described above for impacts to agriculture, grazing, timber baseline impacts, the range in total Regulatory Planning and Review (E.O. harvest, fire management, recreation, incremental impacts is due to the range 12866) and mining activities, but does not in development forecasts. The Office of Management and Budget quantify potential costs because these The lack of incremental impacts (OMB) has determined that this activities are either not forecast to occur stemming from sources other than proposed rule is not significant and has within the proposed critical habitat, or administrative costs is due to the fact not reviewed this proposed rule under are not subject to a Federal nexus that critical habitat designation for E.O. 12866. The OMB based its requiring consultation with the Service. Limnanthes floccosa ssp. grandiflora determination upon the following four Total forecast baseline impacts over and Lomatium cookii is not expected to criteria: the 20 years following the designation of change the level, design, or regulation of (a) Whether the rule will have an critical habitat (2010–2029) are forecast economic activities. That is, the annual effect of $100 million or more on estimated to be $7.83 million to $157 designation of critical habitat is not the economy or adversely affect an million using a 7 percent discount rate. expected to result in a decrease in economic sector, productivity, jobs, the Baseline impacts are those anticipated economic activities or additional project environment, or other units of the regardless of a critical habitat modification above and beyond those government. designation. The majority of the total that would be undertaken as part of the (b) Whether the rule will create future baseline impacts are associated baseline (e.g., to comply with Clean inconsistencies with other Federal with development projects ($6.4 million Water Act requirements or to avoid agencies’ actions. to $156 million). The broad range in jeopardy to the species). (c) Whether the rule will materially baseline impacts is due to the range of As stated earlier, we are seeking data affect entitlements, grants, user fees, impacts estimated for future and comments from the public on the loan programs, or the rights and development activities. Under the low- DEA, as well as all aspects of the obligations of their recipients. forecast development scenario, the proposed rule and our amended (d) Whether the rule raises novel legal analysis assumes that future required determinations. We may revise or policy issues. development will occur only in units the proposed rule or supporting Regulatory Flexibility Act (5 U.S.C. 601 where it has occurred in the past, at its documents to incorporate or address et seq.) past rate. Under the high-forecast information we receive during the development scenario, this analysis public comment period, including Under the Regulatory Flexibility Act assumes full build-out over the next 20 information received during or in (5 U.S.C. 601 et seq., as amended by the years of developable areas within units response to the public hearing. In Small Business Regulatory Enforcement where development has occurred in the particular, we may exclude an area from Fairness Act (SBREFA) of 1996), past, or within units where the critical habitat if we determine that the whenever an agency is required to proposed rule identifies development as benefits of excluding the area outweigh publish a notice of rulemaking for any a potential threat to the two plant the benefits of including the area, proposed or final rule, it must prepare species and their habitat. Baseline provided the exclusion will not result in and make available for public comment impacts to transportation and species the extinction of the species. a regulatory flexibility analysis that describes the effect of the rule on small management activities are the same Required Determinations—Amended under both the low-and high-impact entities (i.e., small businesses, small scenarios. Under the low-impact In our July 28, 2009, proposed rule organizations, and small government scenario, subunit RV9B (Medford (74 FR 37314), we indicated that we jurisdictions), as described below. Airport) has the highest levels of would defer our determination of However, no regulatory flexibility impacts ($2.2 million), stemming compliance with several statutes and analysis is required if the head of an primarily from conservation actions Executive Orders until the information agency certifies the rule will not have a applied to comply with section 404 of concerning potential economic impacts significant economic impact on a the Clean Water Act as part of a future of the designation and potential effects substantial number of small entities. airport runway expansion project. on landowners and stakeholders became Based on our DEA of the proposed Under the high-impact scenario, subunit available in the DEA. We have now designation, we provide our analysis for RV6A (White City) has the highest made use of the DEA data in making determining whether the proposed rule levels of impacts ($32.8 million), these determinations. In this document, would result in a significant economic stemming primarily from conservation we affirm the information in our impact on a substantial number of small actions applied to comply with section proposed rule concerning: Executive entities. Based on comments we receive, 404 of the Clean Water Act during Order (E.O.) 13132 (Federalism), E.O. we may revise this determination as part future development projects. 12988 (Civil Justice Reform), the of a final rulemaking. The DEA estimates that total potential Paperwork Reduction Act, the National According to the Small Business incremental economic impacts in areas Environmental Policy Act, and the Administration, small entities include proposed as critical habitat over the President’s memorandum of April 29, small organizations, such as next 20 years will be $95,200 to 1994, ‘‘Government-to-Government independent nonprofit organizations; $403,000 applying a 7 percent discount Relations with Native American Tribal small governmental jurisdictions, rate. Development activities would be Governments’’ (59 FR 22951). However, including school boards and city and the primary economic sector affected; based on the DEA data, we are town governments that serve fewer than

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50,000 residents; and small businesses habitat. Based on the quantification of Federal agency, and the Service. As a (13 CFR 121.201). Small businesses incremental impacts of the proposed result, no incremental impacts are include manufacturing and mining designation of critical habitat for expected to be borne by small entities. concerns with fewer than 500 Limnanthes floccosa ssp. grandiflora As incremental impacts to employees, wholesale trade entities and Lomatium cookii as detailed in development activities are the only with fewer than 100 employees, retail Chapters 3, 4, and 5 of the DEA, we incremental impacts that may be borne and service businesses with less than $5 considered whether any small entities by small entities, the remainder of this million in annual sales, general and may bear the incremental impacts of analysis focuses on development. Based heavy construction businesses with less this proposed rulemaking. The DEA on the forecast low scenario for future than $27.5 million in annual business, does not forecast any incremental development activity (as described in special trade contractors doing less than impacts beyond additional Chapter 3 of the DEA), approximately $11.5 million in annual business, and administrative costs associated with 1.13 development projects are expected agricultural businesses with annual considering adverse modification during to occur annually within the study area. sales less than $750,000. To determine future Federal section 7 consultations. Based on the forecast high scenario for if potential economic impacts to these Small entities may participate in future development activity, small entities are significant, we consultation under section 7 of the Act approximately 6.55 development considered the types of activities that regarding L.f. ssp. grandiflora and projects are expected to occur annually might trigger regulatory impacts under Lomatium cookii as a third party within the study area. This analysis this designation as well as types of applicant (the primary consulting assumes that all future development project modifications that may result. In parties being the Service and the projects within the study area will general, the term significant economic Federal action agency) and may spend require formal section 7 consultation impact is meant to apply to a typical additional time and effort considering triggered by the need for a section 404 small business firm’s business potential critical habitat issues. These permit pursuant to the Clean Water Act. operations. incremental administrative costs of Thus, 1.13 formal consultations are To determine if the proposed consultation borne by third parties were forecast to occur annually under the low designation of critical habitat for the subject of the analysis for potential scenario, while 6.55 formal Limnanthes floccosa ssp. grandiflora impacts of the proposed rulemaking on consultations are forecast to occur and Lomatium cookii would affect a small entities. annually under the high scenario. substantial number of small entities, we The DEA forecasts section 7 Applying the third party costs of considered the number of small entities consultations associated with Federal addressing adverse modification during affected within particular types of involvement in development, formal section 7 consultation (estimated economic activities, such as residential transportation, and species conservation at $875) to the number of forecast and commercial development. In order and management activities. The consultations annually, the DEA to determine whether it is appropriate potential incremental costs associated estimates that the present value of for our agency to certify that this rule with these activities are analyzed in incremental third party costs is equal to would not have a significant economic Chapters 3, 4, and 5 of the DEA, and are $11,200 for all small entities combined impact on a substantial number of small summarized as follows. under the low-impact scenario and entities, we considered each industry or • Development. Chapter 3 of the DEA $65,000 under the high-impact scenario category individually. In estimating the anticipates that any future consultations over 20 years. In terms of annualized numbers of small entities potentially on development will be triggered by the impacts, these present values translate affected, we also considered whether need for a section 404 permit pursuant to $1,050 for all small entities under the their activities have any Federal to the Clean Water Act, which requires low-impact scenario and $6,140 under involvement. Critical habitat section 7 consultation if a project may the high-impact scenario (applying a 7 designation will not affect activities that affect a listed species. The U.S. Army percent discount rate). do not have any Federal involvement; Corps of Engineers (USACE) is the Third parties involved in past designation of critical habitat only consulting Federal agency on development consultations include affects activities conducted, funded, consultations for section 404 permits. Jackson County and private developers. permitted, or authorized by Federal Future consultations for 404 permits The population of Jackson County was agencies. would also include third parties, such approximately 201,000 in 2008; thus, If we finalize this proposed critical as private developers or county Jackson County exceeds the small habitat designation, Federal agencies agencies. Private developers may be governmental jurisdiction population must consult with us under section 7 of considered small entities if their annual threshold of 50,000 people. Forecast the Act if their activities may affect income is less than $7.0 million. The consultations on development projects designated critical habitat. In areas DEA assumes that consultation costs are expected to include Jackson County where Limnanthes floccosa ssp. will be borne by developers as an agencies, local private developers, and grandiflora and Lomatium cookii are additional project expense, rather than relatively large commercial entities as present, Federal agencies are already by landowners who would experience contained in the consultation history. required to consult with us under consultation costs as an effect on land To the extent that forecast consultations section 7 of the Act, due to the current values. include Jackson County agencies or endangered status of the species. • Transportation. As described in large commercial entities, incremental Consultations to avoid the destruction Chapter 4 of the DEA, all incremental administrative costs will not be borne or adverse modification of critical impacts are forecast to be incurred by by small entities. habitat would be incorporated into the the Service and the Oregon Department However, a large portion of forecast existing consultation process. of Transportation, which, as a State consultations for development activities Appendix A.1 of the DEA evaluates agency, is not considered small. are expected to include local private the potential economic effects of the • Species management conservation. developers, which may be small entities proposed designation on small entities, Chapter 5 describes that all incremental depending on their annual revenues. In based on the estimated incremental impacts are forecast to be borne by the the past, development projects within impacts associated with the critical U.S. Bureau of Land Management, a the study area have included site

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preparation such as leveling of land, For these reasons, we certify that, if entitlement authority,’’ if the provision filling of wetlands, and excavation, in promulgated, the proposed designation would ‘‘increase the stringency of addition to building construction. of critical habitat for Limnanthes conditions of assistance’’ or ‘‘place caps Therefore, land subdivision, which floccosa ssp. grandiflora and Lomatium upon, or otherwise decrease, the Federal includes excavating land and preparing cookii would not have a significant Government’s responsibility to provide it for future residential, commercial, and economic impact on a substantial funding’’ and the State, local, or Tribal industrial construction, is identified as number of small business entities. governments ‘‘lack authority’’ to adjust the most-applicable industry to capture Therefore, an initial regulatory accordingly. ‘‘Federal private sector local private developers that may bear flexibility analysis is not required. mandate’’ includes a regulation that incremental administrative costs due to ‘‘would impose an enforceable duty Executive Order 13211—Energy Supply, the designation of critical habitat. upon the private sector, except (i) a Distribution, and Use Absent information on the specific condition of Federal assistance; or (ii) a third parties that may be involved in Executive Order 13211 requires duty arising from participation in a future development consultations, the agencies to prepare Statements of voluntary Federal program.’’ DEA conservatively assumes that all of Energy Effects when undertaking certain Critical habitat designation does not the entities involved in future actions that may affect the supply, impose a legally binding duty on non- consultation efforts are small land distribution, and use of energy. The Federal government entities or private subdivision companies. Expected OMB’s guidance for implementing this parties. Under the Act, the only annual impacts to the land subdivision Executive Order outlines nine outcomes regulatory effect is that Federal agencies industry ($1,050 under the low-impact that may constitute ‘‘a significant must consult with the Service to ensure scenario and $6,140 under the high- adverse effect’’ when compared to no that their actions do not destroy or impact scenario) are significantly less regulatory action. As discussed in adversely modify critical habitat under than the maximum annual revenues that Appendix A.2, the DEA finds none of section 7. Designation of critical habitat could be generated by a single small these criteria are relevant to this may indirectly impact non-Federal land subdivision entity ($7.0 million). analysis. The DEA concludes that entities that receive Federal funding, Annual revenues of small development energy-related impacts associated with assistance, or permits, or that otherwise companies within the study area are conservation actions within the require approval or authorization from a expected to be roughly $910,000. While potential critical habitat are not Federal agency for an action. However, 95 land subdivision companies operate expected. All forecast impacts are the legally binding duty to avoid within the counties containing proposed expected to occur associated with the destruction or adverse modification of critical habitat, the number of these that listing of Limnanthes floccosa ssp. critical habitat rests squarely on the may be involved in development grandiflora and Lomatium cookii, Federal agency. Furthermore, to the projects subject to consultation for regardless of the designation of critical extent that non-Federal entities are Limnanthes floccosa ssp. grandiflora habitat. Therefore, designation of indirectly impacted because they and Lomatium cookii is unknown. The critical habitat is not expected to lead to receive Federal assistance or participate estimated annualized impact may be any adverse outcomes (such as a in a voluntary Federal aid program, the borne by one company or distributed reduction in electricity production or an Unfunded Mandates Reform Act would across many. If all impacts were borne increase in the cost of energy not apply, nor would critical habitat by a single small development production or distribution). A Statement shift the costs of the large entitlement company, the estimated annualized of Energy Effects is not required. programs listed above on to State impact would represent less than 1 Unfunded Mandates Reform Act (2 governments. b) As discussed in the DEA section of percent of total annual revenues under U.S.C. 1501 et seq.) both the low-and high-impact scenarios the proposed designation of critical (assuming average annual revenues for a In accordance with the Unfunded habitat for Limnanthes floccosa ssp. small development company of Mandates Reform Act, the Service grandiflora and Lomatium cookii, we do $910,000). makes the following findings: not believe that this rule would In summary, we have considered a) This rule will not produce a significantly or uniquely affect small whether the proposed critical habitat Federal mandate. In general, a Federal governments because it would not designation would result in a significant mandate is a provision in legislation, produce a Federal mandate of $100 economic impact on a substantial statute, or regulation that would impose million or greater in any year; that is, it number of small entities. As the only an enforceable duty upon State, local, or is not a ‘‘significant regulatory action’’ anticipated incremental cost of the Tribal governments, or the private under the Unfunded Mandates Reform designation are administrative costs sector, and includes both ‘‘Federal Act. The DEA concludes that any associated with section 7 consultations, intergovernmental mandates’’ and incremental impacts are limited to the the vast majority of incremental costs ‘‘Federal private sector mandates.’’ administrative costs of section 7 associated with the proposed These terms are defined in 2 U.S.C. consultations; however, these are not designation will be borne by Federal 658(5)–(7). ‘‘Federal intergovernmental expected to affect small governments. agencies. The only incremental costs mandate’’ includes a regulation that Consequently, a critical habitat identified for small entities are potential ‘‘would impose an enforceable duty designation would not significantly or costs associated with development upon State, local, or Tribal uniquely affect small government activities. Based on the DEA, even if all governments,’’ with two exceptions. entities. As such, a Small Government incremental costs associated with First, it excludes ‘‘a condition of federal Agency Plan is not required. development activities were to be borne assistance.’’ Second, it excludes ‘‘a duty by a single development company, arising from participation in a voluntary Executive Order 12630—Takings which we consider unlikely, the Federal program,’’ unless the regulation In accordance with E.O. 12630 estimated annualized impact would be ‘‘relates to a then-existing Federal (‘‘Government Actions and Interference less than 1 percent of total annual program under which $500,000,000 or with Constitutionally Protected Private revenues under both the low-and high- more is provided annually to State, Property Rights’’), we have analyzed the impact scenarios considered in the DEA. local, and Tribal governments under potential takings implications of

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proposing critical habitat for intend to initiate rulemaking when we thus including both Antillean (T. m. Limnanthes floccosa ssp. grandiflora complete the higher priorities and have manatus) and Florida manatees in the and Lomatium cookii in a takings the necessary resources to do so. listing. The West Indian manatee is implications assessment. Our taking DATES: The finding announced in this currently listed as an endangered implications assessment concludes that document was made on January 12, species under the Act and the critical habitat for L.f. grandiflora and 2010. population is further protected as a Lomatium cookii would not pose depleted stock under the Marine ADDRESSES: This finding is available on significant takings implications. Mammal Protection Act (16 U.S.C. 1361- the Internet at http:// 1407). References Cited www.regulations.gov at Docket Number FWS-R4-ES-2009-0066. Supporting Critical habitat was designated for the A complete list of all references we Florida manatee on September 24, 1976 cited in the proposed rule and in this documentation we used to prepare this finding is available for public (41 FR 41914). This designation document is available on the Internet at delineated specific waterways in Florida http://www.regulations.gov or by inspection, by appointment during normal business hours at the U.S. Fish that were known to be important contacting the Oregon Fish and Wildlife concentration areas for manatees at that FOR FURTHER INFORMATION and Wildlife Service, Jacksonville Office (see time. CONTACT section). Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, On December 19, 2008, we received a Authors Jacksonville, FL 32256-7517. Please petition from Wildlife Advocacy Project, The primary authors of this submit any new information, materials, Save the Manatee Club, Center for rulemaking are the staff members of the comments, or questions concerning this Biological Diversity, and Defenders of Oregon Fish and Wildlife Office. finding to the above address. Wildlife, requesting that critical habitat FOR FURTHER INFORMATION CONTACT: U.S. be revised for the Florida manatee Authority Fish and Wildlife Service, Attn: (Trichechus manatus latirostris) under The authority for this action is the Manatee CH Review, at the above the Act and the Administrative Endangered Species Act of 1973, as address, by telephone at 904-731-3336, Procedure Act. The petition clearly amended (16 U.S.C. 1531 et seq.). by facsimile at 904-731-3045, or by e- identified itself as a petition and Dated: December 30, 2009. mail: [email protected]. Persons included the requisite identification Eileen Sobeck, who use a telecommunications device information for the petitioners, as required in 50 CFR 424.14(a). Acting Assistant Secretary of Fish Wildlife for the deaf (TDD) may call the Federal and Parks. Information Relay Service (FIRS) at 800- In a January 17, 2009, letter to the [FR Doc. 2010–323 Filed 1–11– 10; 8:45 am] 877-8339. Please include ‘‘Florida petitioners, we responded that we had ’’ BILLING CODE 4310–55–S manatee scientific information in the received the petition and would make a subject line for faxes and emails. finding, to the maximum extent SUPPLEMENTARY INFORMATION: Section practicable within 90 days, as to DEPARTMENT OF THE INTERIOR 4(b)(3)(D)(ii) of the Endangered Species whether or not the petition presents Act of 1973, as amended (Act) (16 substantial information. We also stated Fish and Wildlife Service U.S.C. 1531 et seq.), requires that, for that, if the initial finding concludes that any petition that is found to present the petition presents substantial 50 CFR Part 17 substantial scientific and commercial information indicating that the [Docket No. FWS-R4-ES-2009-0066] information indicating that the requested action may be warranted, then [MO 92210-0-0009-B4] requested revisions to critical habitat we have 1 year from the date we may be warranted, we make a finding received the petition to determine how Endangered and Threatened Wildlife within 12 months of the date of receipt we intend to proceed with the requested and Plants; 12–month Finding on a of the petition and publish a notice in revision, and that we would promptly Petition To Revise Critical Habitat for the Federal Register indicating how we publish a notice of our intentions in the the Florida Manatee (Trichechus intend to proceed with the requested Federal Register at the end of this manatus latirostris) revision. period. We published our 90–day finding AGENCY: Fish and Wildlife Service, Background regarding the petition to revise critical Interior. Previous Federal Actions habitat for the Florida manatee on ACTION: Notice of 12–month petition September 29, 2009 (74 FR 49842). We finding. We originally listed the Florida manatee (Trichechus manatus determined that the petition presented SUMMARY: We, the U.S. Fish and latirostris), a subspecies of the West substantial information indicating that Wildlife Service (Service), announce our Indian manatee (Trichechus manatus), revising critical habitat for the Florida 12–month finding on a petition to revise as endangered in 1967 (32 FR 4001) manatee under the Act may be critical habitat for the Florida manatee under the Endangered Species warranted, thus initiating this 12–month (Trichechus manatus latirostris) under Preservation Act of 1966 (Pub. L. 89- finding. Accordingly, we asked the the Endangered Species Act of 1973, as 669; 80 Stat. 926). In 1970, Appendix A public to submit information relevant to amended. After a thorough review of all to 50 CFR Part 17 was amended to the finding by October 29, 2009. We available scientific and commercial include additional names to the list of have fully considered all information information, we find that revisions to foreign endangered species (35 FR available and received in response to critical habitat for the Florida manatee 18319). This listing incorporated West information requested in our 90–day are warranted. However, sufficient Indian manatees into the list under the finding. funds are not available due to higher Endangered Species Conservation Act of This 12–month finding discusses only priority actions such as court-ordered 1969 (Pub. L. 91-135; 83 Stat. 275) and those topics directly relevant to the listing-related actions and judicially encompassed the species’ range in the revision of existing critical habitat for approved settlement agreements. We Caribbean and northern South America, the Florida manatee.

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Species Information herbivores, manatees feed on the wide human disturbance at natural sites The Florida manatee, Trichechus range of aquatic vegetation that these (Laist and Reynolds 2005, p. 740), they manatus latirostris, is a subspecies of habitats provide. Shallow seagrass beds, have expanded their winter range to the West Indian manatee (T. manatus, with ready access to deep channels, are include industrial sites and associated Linnaeus 1758) and is native to Florida. generally preferred feeding areas in warm-water discharges as refuges from Manatees are long-lived marine coastal and riverine habitats (Smith the cold. Although manatees overwinter mammals, dark grey in color, and 1993, p. 5). In coastal Georgia and at major springs throughout peninsular northeastern Florida, manatees feed in average about 10 feet (3 m) in length and Florida, nearly two-thirds of the salt marshes on smooth cordgrass between 800 to 1,200 pounds (363 to population winters at industrial warm- (Spartina alterniflora) by timing feeding 544 kg) in weight. Manatees have a water sites, which are now made up periods with high tide (Baugh et al. round, flattened, paddle-shaped tail and almost entirely of power plants (FWC 1989, p. 89; Zoodsma 1991, p. 124). two front flippers that are used for FWRI, unpub. synoptic aerial survey Manatees use springs and freshwater steering while swimming. data). The thermal discharge from runoff sites for drinking water; secluded Female manatees are capable of power plants serves as an attractant to canals, creeks, embayments, and reproduction at as early as 4 years of manatees because the temperature of the lagoons for resting, cavorting, mating, age; however, most breed between the discharge is much warmer than the calving, and nurturing their young; and ages of 7 and 9. Gestation lasts from 12 surrounding water temperature. Power open waterways and channels as travel to 14 months. Normally an adult female plants in Brevard, Palm Beach, and corridors (Marine Mammal Commission would have only one calf every 2 to 5 Hillsborough counties maintain the 1984, p. 8, and 1988, p. 88; Gannon, et largest winter aggregations of manatees years, but there are rare occurrences of al. 2007, p. 140; Laist and Boland 2008, twins. The mother and calf remain throughout the winter. There are p. 1). numerous research and monitoring together for up to 2 years. Male Although manatees occupy different manatees aggregate in mating herds studies that have documented historical habitats during various times of the year and recent use by manatees at power around a female when she is ready to (Deutsch et al. (2003, p. 1), they are a conceive, but contribute no parental plants ( Keith et al. 2008, p. 16; subtropical species with little tolerance Reynolds 2007, 2009, p. 10; and care to the calf. for cold. Their year-round presence in The major threats to the Florida Fonnesbeck et al. 2009, p. 563). Florida represents the northern limit of The Crystal River springs complex in manatee population are human related, their winter range (Lefebvre et al. 2001, and include watercraft strikes (direct Citrus County and Blue Springs along p. 425). Within Florida, they require the St. Johns River, in Volusia County, impacts and propeller cuts), which can stable, long-term sources of warm water cause injury and death (Rommel et al. are the northernmost natural warm- during cold weather. Prolonged water refuges in Florida used regularly 2007, p. 111; Lightsey et al. 2006, p. exposure to cold water temperatures can by manatees. These and other natural 262); entrapment and crushing in water result in debilitation and death due to springs in the State have experienced an control structures (gates, locks, etc.); a phenomenon known as ‘‘cold stress increase in manatee use as the Florida and entanglement in fishing gear. syndrome’’ (Rommel et al. 2002, p. 16; population has grown (FWC FWRI, Natural threats include red tide and Bossart et al. 2004, p. 437). An ambient unpub. synoptic aerial survey data). exposure to cold. A comprehensive water temperature of 68 degrees threats analysis, recently conducted as Fahrenheit (20 degrees Celsius) is Minor thermal refuges are also used part of the Service’s 5–year status generally considered as the lower by manatees throughout Florida. Most of review, indicated that the single largest threshold; below this temperature they these include canals or boat basins threat to the persistence of manatees in have been observed to exhibit an where warmer water temperatures Florida is collisions with watercraft. increase in metabolic rate (Worthy et al. persist as temperatures in adjacent bays The second most significant threat to 1999, p. 4). When water temperatures and rivers decline. the species’ survival is the loss of warm- begin to decrease to this temperature, The loss of Florida’s warm-water water habitat. The other threats (water manatees will aggregate within the habitats is one of the leading threats control structures, entanglement, and confines of warm-water refuges or move facing the manatee population (Runge red tide) are of substantially less impact to the southern tip of Florida. During 2007a, p. 2). Reductions in spring flows, to the overall status of the species periods of intense cold, they will remain which affect manatee access and use of (USFWS 2007, p. 24; Runge et al. 2007a, at warm-water refuges; during warm springs, are being addressed through the p. 10). interludes, they will move from the adoption of minimum flow regulations The Florida manatee has not warm-water areas to feed, and return (Florida Springs Task Force 2001, p. 15). experienced any curtailment in the once again when water temperatures are A minimum spring discharge rate that extent of its range throughout the too cold (Hartman 1979, p. 26; Deutsch considered the estimated flow rates southeastern U.S. To the contrary, et al. 2000, p. 22; Stith et al. 2006, p. necessary to support overwintering Florida manatees have expanded their 24). Recent studies focusing on manatee manatees has been identified for Volusia summer range to other states along the use of natural warm-water sites include County’s Blue Spring and is expected to Atlantic and Gulf coasts. It is now not those by Koelsch et al. 2000, p. 27; be adopted, pending the St. Johns River uncommon to find manatees in coastal Taylor et al. 2005. p. 3; Taylor 2006, p. Water Management District’s acceptance waters of Georgia, North and South 5; USGS 2006, p. 3; Gannon et al. 2006, of a monitoring plan currently under Carolina, Alabama, and Louisiana. p. 133; Stith et al. 2006, p. iv; Reynolds development. Similarly, other springs and Barton 2005, 2008, p. 9; and Taylor used by manatees have been scheduled Habitat Information and Provancha 2008, p. 2). for, or are in the process of developing, Florida manatees are found in Historically, manatees relied on the minimum flow regulations. Those freshwater, brackish, and marine warm, temperate waters of south Florida requirements would assure adequate environments. Typical habitats include and on natural warm-water springs flows are secured to support manatees. coastal tidal rivers and streams, scattered throughout the State as buffers All Primary sites, except the Weeki mangrove swamps, salt marshes, and to the lethal effects of cold winter Wachee/Mud Creek/Jenkins Creek freshwater springs (FWC 2005). As temperatures. In part, as a result of complex, have been protected. Ten of

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the 47 total known warm-water sites as manatees tend to return to the same of wintering manatees in the Atlantic still require protection. warm-water sites each winter. The four Coast Region have been increasing at In addition to protecting natural regional management units are: an rates of between 4 and 6 percent per warm-water sites, efforts are under way Atlantic Coast unit that occupies the year since 1994. to restore and improve them to enhance east coast of Florida, including the In southwest Florida, estimates of manatee use. As an example, the spring Florida Keys and the lower St. Johns adult manatee survival and run at Homossassa Springs was dredged River north of Palatka; an Upper St. reproduction are less precise than in the in 2006 to improve manatee access; Johns River unit that occurs in the river other regions of Florida because the since dredging, studies indicate that the south of Palatka; a Northwest unit that time series of data is comparatively run has been attracting more animals occupies the Florida Panhandle south to shorter for this region and there are no (Taylor 2009, pers. comm.). Hernando County; and a Southwest unit demographic data available for We and our partners are defining a that occurs from Pasco County south to manatees in the southernmost part of network of migratory corridors based on Whitewater Bay in Monroe County. this region. The estimates could also be manatee travel patterns and identifying Typical manatee habitat within these biased low due to effects from other use areas to ensure protection of geographic boundaries is described in temporary emigration (Langtimm et al. feeding, calving, and nursing areas Table 1. Exchange of individuals 2004, p. 450; Langtimm 2009 pers. throughout the State (FWC FWRI, between the management units is comm). Updated estimates of adult unpub. data 2006; USGS FISC Sirenia thought to be limited during winter survival and growth rates for manatees Project, unpub. data 2006; Gannon et al. months, based on data from telemetry in this region are anticipated in early 2007, p. 134). Many of these sites are (Reid et al. 1991, p. 185; Weigle et al. 2010. already known and are variously 2001, p. 18; Deutsch et al. 1998, p. 18, The most current and best available protected under the Florida Manatee and 2003, p. 2) and photo-identification count of the Florida manatee population Sanctuary Act, the Endangered Species (C. A. Beck, USGS FISC Sirenia Project, is 3,807 animals, based on a single Act, and the Marine Mammal Protection unpub. data, 2009; K. Higgs, FWC FWRI, synoptic survey of warm-water refuges Act. We are currently completing an unpub. data, 2009). Movement between and adjacent areas in January 2009 assessment of manatee habitat use at a management units does occur during (FWC FWRI 2009 Manatee Synoptic number of natural warm-water sites warm seasons, particularly along the Aerial Survey Data). throughout Florida. Recently, we same coast, and there are some initiated a study to predict manatee documented cases of wide-ranging Critical Habitat carrying capacity at natural warm-water coastal movements and isolated events Current Critical Habitat Designation sites, and we are also evaluating effects of intercoastal migration (Reid et al. Critical habitat was designated for the to manatees in South Florida associated 1991, p. 185; Deutsch et al. 1998, p. 18, Florida manatee (listed in that with Comprehensive Everglades and 2003, p. 2; Beck 2009, pers. comm.). Restoration Plan activities. Although natural vegetation has regulation as Trichechus manatus) in Industrial thermal discharges are not diminished in some locations due to 1976 (50 CFR 17.95(a)) as follows: ‘‘ a reliable source of warm water for the human activities, and exotic vegetation Florida. Crystal River and its manatee population in the long term. has increased in other areas, the headwaters known as King’s Bay, Citrus Power plants can be eliminated due to availability of aquatic vegetation as County; the Little Manatee River plant obsolescence, environmental forage is not known to be a limiting downstream from the U.S. Highway 301 permitting requirements, economic factor for manatees at this time (Orth et bridge, Hillsborough County; the pressures, and other factors, and can al. 2006, p. 994; G.A.J. Worthy, Manatee River downstream from the experience disruptions and temporary University of Central Florida, unpub. Lake Manatee Dam, Manatee County; shutdowns. It is difficult to predict how data 2006). the Myakka River downstream from manatees will respond to changes at Myakka River State Park, Sarasota and artificial warm-water sites. In some Population Status Charlotte Counties; the Peace River instances manatees have been observed The most current information on downstream from the Florida State to use less preferred nearby sites, yet, in Florida manatee population Highway 760 bridge, De Soto and other cases when thermal discharges demographics (growth, survival, and Charlotte Counties; Charlotte Harbor have been eliminated, manatees have reproductive rates) includes published north of the Charlotte-Lee County line, died due to behavioral persistence or studies by Runge et al. (2004, 2007b), Charlotte County; Caloosahatchee River site fidelity (USFWS 2000, p. 74). Craig and Reynolds (2004), Kendall et downstream from the Florida State Since release of the Service’s 5–year al. (2004), and Langtimm et al. (2004), Highway 31 bridge, Lee County; all U.S. status review in 2007, we have new and unpublished reports by the Manatee territorial waters adjoining the coast and information that two of the oldest power Population Status Working Group islands of Lee County; all U.S. territorial plants in Florida that attract the largest (2005) and Runge et al. (2007a). All of waters adjoining the coast and islands numbers of wintering manatees will be these studies indicate that the manatee and all connected bays, estuaries, and undergoing repowering over the next population is doing well throughout rivers from Gordon’s Pass, near Naples, several years, and will continue to most of Florida. Population growth Collier County, southward to and discharge warm water (USFWS 2007, p. rates, determined using the Manatee including Whitewater Bay, Monroe 16). Repowering these facilities will Core Biological Model (Runge et al. County; all waters of Card, Barnes, reduce the probability of a catastrophic 2004, p. 361, and 2007b), are as follows: Blackwater, Little Blackwater, Manatee, winter mortality event for the manatee and Buttonwood Sounds between Key population over the next several Northwest Region 4.0 percent Largo, Monroe County, and the Upper St. Johns River mainland of Dade County; Biscayne decades. Region 6.2 percent We currently assess the status of the Atlantic Coast Region 3.7 percent Bay, and all adjoining and connected Florida manatee population according Southwest Region -1.1 percent lakes, rivers, canals, and waterways to regional management units within the from the southern tip of Key Biscayne State that reflect the winter-season site Craig and Reynolds (2004, p. 386) northward to and including Maule Lake, fidelity of individuals in the population, additionally suggested that populations Dade County; all of Lake Worth, from its

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northernmost point immediately south threatened species to the point at which Standards Under the Act (published in of the intersection of U.S. Highway 1 the measures provided under the Act the Federal Register on July 1, 1994 (59 and Florida State Highway A1A are no longer necessary. Such methods FR 34271)), the Information Quality Act southward to its southernmost point and procedures include, but are not (section 515 of the Treasury and General immediately north of the town of limited to, all activities associated with Government Appropriations Act for Boynton Beach, Palm Beach County; the scientific resources management such as Fiscal Year 2001 (Pub. L. 106-554; H.R. Loxahatchee River and its headwaters, research, census, law enforcement, 5658)), and our associated Information Martin and West Palm Beach Counties; habitat acquisition and maintenance, Quality Guidelines, provide criteria, that section of the intracoastal waterway propagation, or transplantation. establish procedures, and provide from the town of Seawalls Point, Martin Critical habitat receives protection guidance to ensure that our decisions County to Jupiter Inlet, Palm Beach under section 7 of the Act through the are based on the best scientific data County; the entire inland section of prohibition against Federal agencies available. They require our biologists, to water known as the Indian River, from carrying out, funding, or authorizing the the extent consistent with the Act and its northernmost point immediately destruction or adverse modification of with the use of the best scientific data south of the intersection of U.S. critical habitat. Section 7(a)(2) of the Act available, to use primary and original Highway 1 and Florida State Highway 3, requires consultation on Federal actions sources of information as the basis for Volusia County, southward to its that may affect critical habitat. The recommendations to designate critical southernmost point near the town of designation of critical habitat does not habitat. affect land ownership or establish a Sewalls Point, Martin County, and the Finding entire inland section of water known as refuge, wilderness, reserve, preserve, or the Banana River and all waterways other conservation area. Such The current critical habitat between Indian and Banana Rivers, designation does not allow the designation for the Florida manatee was Brevard County; the St. Johns River government or public to access private described before critical habitat including Lake George, and including lands. Such designation does not regulations and guidance were Blue Springs and Silver Glen Springs require implementation of restoration, developed; it does not identify specific from their points of origin to their recovery, or enhancement measures by physical and biological features confluences with the St. Johns River; private landowners. Where a landowner essential to the conservation of the that section of the Intracoastal requests Federal agency funding or manatee for this species’ habitat. Waterway from its confluences with the authorization for an action that may Instead, it describes specific waterways St. Marys River on the Georgia-Florida affect a listed species or critical habitat, that were known to be important border to the Florida State Highway the consultation requirements of section concentration areas for manatees at that A1A bridge south of Coastal City, 7(a)(2) would apply, but even in the time. We recognize that the geographic Nassau and Duval Counties.’’ event of a destruction or adverse areas originally described as manatee No map was published with the 1976 modification finding, the landowner’s critical habitat need to be updated, designation. The earliest known record obligation is not to restore or recover the based on recent scientific studies of of a map created from the physical species, but to implement reasonable manatee distribution, habitat use, and description of designated critical habitat and prudent alternatives to avoid habitat needs as discussed above. Since for the Florida manatee was published destruction or adverse modification of the original designation, we have more by the Service’s Office of Biological critical habitat. information on the specific habitat Services in 1980 (USFWS 1980). A more For inclusion in a critical habitat needs of the Florida manatee, including recent GIS depiction of the general designation, specific areas within the the use of warm-water sites (Koelsch et locations of the designated critical geographical area occupied by the al. 2000, p. 27; Taylor et al. 2005. p. 3; habitat for the Florida manatee is shown species at the time it is listed must Taylor 2006, p. 5; USGS 2006, p. 3; in Figure 1. contain the physical and biological Gannon et al. 2006, p. 133; Stith et al. features essential to the conservation of 2006, p. iv; Reynolds and Barton 2005, Relevant Statutes and Regulations the species, and be included only if 2008, p. 9; and Taylor and Provancha Critical habitat is defined in section those features may require special 2008, p. 2) as well as power plant 3(5)(A) of the Act as: management considerations or discharges (Keith et al. 2008, p. 16; (i) The specific areas within the protection. Critical habitat designations Reynolds 2007, 2009, p. 10; and geographical area occupied by the identify, to the extent known using the Fonnesbeck et al. 2009, p. 563, among species, at the time it is listed in best scientific data available, habitat others), that will allow us to identify the accordance with the Act, on which are areas containing the essential physical physical or biological features essential found those physical or biological and biological features that provide for to manatee conservation. Therefore, features requisite life cycle needs of the species. based on this current and best available (I) essential to the conservation of the Under the Act and regulations at 50 CFR scientific and commercial information, species and 424.12, we can designate critical habitat we find that revising critical habitat for (II) which may require special in areas outside the geographical area the Florida manatee under the Act is management considerations or occupied by the species at the time it is warranted. protection; and listed only when we determine that We intend to identify the physical (ii) specific areas outside the those areas are essential for the and biological features essential to geographical area occupied by the conservation of the species and that conservation of the species, in order to species at the time it is listed, upon a designation limited to those areas address the ecological and conservation determination that such areas are occupied at the time of listing would be needs of the Florida manatee. Given the essential for the conservation of the inadequate to ensure the conservation of significance of warm water to the species. the species. survival of the manatee in Florida, the Conservation, as defined under Section 4 of the Act requires that we most essential feature will be the section 3 of the Act, means the use of designate critical habitat on the basis of availability and adequacy of warm- all methods and procedures that are the best scientific data available. water refugia. Additional features to be necessary to bring any endangered or Further, our Policy on Information considered in the analysis may include

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adequate forage within dispersal In FY 2002 and each year until FY protection; (4) delineate any areas distance of a warm-water refuge, areas 2006, we had to use virtually all of the outside of the geographical area needed for calving and nursing, and funds available under the subcap to occupied by the species that are important travel corridors for address court-mandated designations of essential for the conservation of the movements throughout Florida and critical habitat; consequently, none of species; and (5) conduct appropriate beyond. The revision may include both the critical habitat subcap funds have analyses under section 4(b)(2) of the additions and deletions to the current been available for other designations. In Act; and (6) invite the public to review designation, and specific areas within FY 2007, we were able to use some of and provide comments on the proposed and outside of the geographical area the critical habitat subcap funds to fund revision through a public comment currently occupied by manatees. We proposed listing determinations for period. find that incorporating these concepts high-priority candidate species. In FY We intend that any revisions to into a revised critical habitat 2008, we were unable to use any of the critical habitat for the Florida manatee designation for the Florida manatee is critical habitat subcap funds to fund be as accurate as possible. Therefore, important for identifying the specific proposed listing determinations; even until we initiate the proposed areas essential to the conservation of the however, we did use some of this designation we will continue to accept species or which contain the essential money to fund the critical habitat additional information and comments features. We request any additional portion of some proposed listing from all concerned governmental information or input on these potential determinations. In those cases, the agencies, the scientific community, essential features. proposed listing determination and industry, or any other interested party proposed critical habitat designation concerning this finding. How the Service Intends To Proceed were combined into one rule, thereby Current Designation and Protections Section 4(b)(3)(D)(ii) of the Act increasing efficiency in our work. In FY requires that if we find that a revision 2009, we have been able to continue this Until we are able to revise the critical to critical habitat is warranted, then we practice. However, our current habitat designation for the Florida are to indicate how we intend to projection for FY 2010 is that all of the manatee, the currently designated proceed with such revision and funding anticipated for the critical critical habitat, as well as areas that promptly publish a notice of our habitat portion of the listing allocation support manatee populations, but are intention in the Federal Register. We will be used to address court-ordered outside the current critical habitat have reviewed the best available critical habitat designations. Therefore, designation, will continue to be subject scientific data available, and we find we do not anticipate having any funding to conservation actions implemented that revisions to critical habitat for in FY 2010 available to work on under section 7(a)(1) of the Act. Federal Florida manatee under the Act should additional critical habitat designations. agency actions are subject to the be made. However, sufficient funds are Nonetheless, given the requirements regulatory protections afforded by not available due to higher priority of the relevant law and regulations, and section 7(a)(2), which requires Federal actions such as listing-related actions constraints relating to workload and agencies, including the Service, to pursuant to court orders and judicially- personnel, we have endeavored to make ensure that actions they fund, authorize, approved settlement agreements. We our critical habitat designation and or carry out are not likely to jeopardize intend to undertake rulemaking to revision actions as efficient and timely the continued existence of any listed revise critical habitat for the Florida as possible. We are continually species or result in the destruction or manatee when funding and staff considering ways to streamline adverse modification of critical habitat. resources become available. processes or achieve economies of scale, We expect that the majority of The resources available for listing such as by batching related actions regulatory projects will involve a actions, including critical habitat together as described above. Federal nexus, in which case designations and revisions, are We intend to proceed with a revision consultation under section 7(a)(2) determined through the annual of critical habitat as soon as we have the would apply. In addition, federally Congressional appropriations process. necessary resources. Our critical habitat funded or permitted projects affecting We cannot spend more than is regulations (50 CFR 424.12(c)) state that listed species outside their designated appropriated for the Listing Program critical habitat will be defined by critical habitat areas may still result in without violating the Anti-Deficiency specific limits using reference points jeopardy findings in some cases. Act (31 U.S.C. 1341(a)(1)(A)). and lines on standard topographic maps Under section 7(a)(2) of the Act, if a Recognizing that designation of critical of the area. Section 4(b)(2) of the Act Federal action may affect a listed habitat for species already listed would requires that we consider economic, species or its critical habitat, the consume most of the overall Listing national security, and other impacts of responsible Federal agency (action Program appropriation, Congress also designating critical habitat. Based on agency) must enter into consultation put in place a critical habitat subcap these authorities, and on the definition with us. For most species, as a result of within the overall Listing Program of critical habitat under the Act, once this consultation, we document budget in FY 2002 and has retained it funding is available, we will take the compliance with the requirements of each subsequent year. Thus, through the following steps to propose the revision section 7(a)(2) through our issuance of: critical habitat subcap, and the amount of designated critical habitat for the (1) A concurrence letter for Federal of funds needed to address court- Florida manatee: (1) Determine the actions that may affect, but are not mandated critical habitat designations, geographical area occupied by the likely to adversely affect, listed species Congress and the courts have in effect species at the time of listing; (2) identify or critical habitat; or determined the amount of money the physical or biological features (2) A biological opinion for Federal available for critical habitat revisions. essential to the conservation of the actions that may affect, and are likely to Therefore, the funds in the critical species; (3) delineate specific areas adversely affect, listed species or critical habitat subcap set the limits on our within the geographical area occupied habitat. ability to designate critical habitat or by the species that contain these Because manatees are marine revise existing designations in a given features, and that may require special mammals, they are protected under the year. management considerations or Marine Mammal Protection Act of 1972

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(MMPA). Section 17 of the Act provides (1) Modify the project to the extent request, from the Jacksonville Ecological that any more restrictive conflicting that take is no longer reasonably certain Services Field Office (see ADDRESSES provisions of the MMPA take to occur and/or: section). precedence over the Act (16 U.S.C. (2) Incorporate Service-approved take 1543). Section 7(b)(C) of the Act minimization and avoidance measures, Author identifies the necessary authorization as outlined in our 2009 Manatee The primary author of this notice is pursuant to section 101(a)(5) of the Programmatic Biological Opinion staff with the U.S. Fish and Wildlife MMPA for taking of an endangered or (USFWS 2009). Service, Jacksonville Ecological Services threatened marine mammal. Because the Therefore, although we are not Service has not promulgated a immediately proceeding with a revision Field Office (see ADDRESSES section). rulemaking under MMPA section of the current critical habitat Authority 101(a)(5), we do not issue incidental designation for the manatee, the current take authorization in conjunction with designation still provides protections to The authority for this action is the consultations on Federal actions under the manatee in addition to the Endangered Species Act of 1973, as section 7(a)(2) of the Act. In order to protections afforded the manatee amended (16 U.S.C. 1531 et seq.). ensure compliance with section 7(a)(2) through listing under the Act and those of the Act and the more restrictive provided under the MMPA. Dated: December 30, 2009. provisions of the MMPA, any Federal Eileen Sobeck, References Cited action that is determined as ‘‘likely to Acting Assistant Secretary of Fish Wildlife adversely affect the Florida manatee’’ A complete list of all references cited and Parks. (USFWS 2008) will need to: in this document is available, upon

TABLE 1. REGIONAL DESCRIPTION OF MANATEE HABITAT AND REGION-SPECIFIC THREATS FOR MANATEES IN FLORIDA

Northwest Southwest Atlantic Coast Upper St. Johns River Features Management Unit Management Unit Management Unit Management Unit

Geographic Boundaries Located along Florida’s Located along Florida’s Includes Florida’s coastal This unit is located up- northwest coast, the southwest coast, the areas from south of the stream of Palatka, Flor- southern boundary of northern boundary is mouth of Whitewater ida, extending to the the unit is defined by described by the Pasco- Bay, through Florida headwaters of the St. the Hernando- Pasco Hernando County line, Bay and north to the Johns River. County line. While the extending south to the mid-Atlantic region. The majority of use occurs mouth of Whitewater unit extends into the St. east of the Wakulla Bay, along the western Johns River as far River, manatees from margin of the Ever- south as Palatka. this unit range as far glades. west as Texas.

Habitat Description This unit incorporates This unit primarily includes This unit primarily includes This freshwater system in- coastal seagrass beds in-shore and near-shore in-shore seagrass beds, cludes extensive eel which extend from the seagrass beds, which which border mangrove grass beds bordered shoreline out to the Gulf border mangrove sys- systems to the south. largely by cypress and of Mexico. Significant tems to the south. Predominant features hardwood swamps. features include the Tampa Bay, Charlotte include Florida Bay, the There are numerous riv- spring-fed Wakulla, Su- Harbor, and the Florida Keys, Biscayne ers and lakes that make wannee, Crystal, and Caloosahatchee River Bay, and barrier islands up this system. Notable Homosassa River sys- are dominant coastal and inland waterways features include the tems, which empty into features. There are nu- that extend into the mid- Ocklawaha River the Gulf. merous barrier islands Atlantic region. Signifi- (dammed), Lake south of Tampa Bay, cant waterways include George, Lake Woodruff, accompanied by the Indian River La- and Lake Monroe. passes, inland water- goon, Banana River, There are many small, ways, etc. Tidal rivers and Mosquito Lagoon. spring-fed tributaries and creeks are common From north Florida and that discharge into this in this area. into more northerly system. states, habitats are typi- fied by large coastal riv- ers, such as the St. Johns River and coastal marshes.

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TABLE 1. REGIONAL DESCRIPTION OF MANATEE HABITAT AND REGION-SPECIFIC THREATS FOR MANATEES IN FLORIDA— Continued

Northwest Southwest Atlantic Coast Upper St. Johns River Features Management Unit Management Unit Management Unit Management Unit

Winter Sites Crystal River Springs TECO Big Bend Power Reliant Energy Power Blue Spring Complex (Citrus) Plant (Hillsborough) Plant (Brevard) (Volusia)Silver Glen Homosassa River Springs Warm Mineral Springs FPL Canaveral Power Springs (Marion) Complex (Citrus). (Sarasota). Plant (Brevard County, DeLeon Springs (Volusia) Weeki Wachee/ Mud Matlacha Isles (Lee) FL). Salt Springs (Marion) Creek/ Jenkins Creek FPL Ft. Myers Power FPL Riviera Beach Power Ocklawaha River Springs (Hernando). Plant (Lee). Plant (Palm Beach). SpringsComplex (Mar- Progress Energy Crystal Port of the Islands (Col- FPL Port Everglades ion/Lake) River Power Plant (Cit- lier). Power Plant (Broward). rus). Progress Energy Anclote FPL Fort Lauderdale Manatee/Fanning Springs Plant (Pasco). Power Plant (Broward). (Dixie). TECO Gannon Plant Coral Gables Waterway Wakulla/St. Mark’s Com- (Hillsborough). (Dade). plex (Wakulla). Progress Energy Bartow Sebastian River (C-54 Power Plant (Pinellas). canal) (Brevard). Ten Mile Canal Borrow Pit Vero Beach Power Plant (Lee). (Indian River). Franklin Locks (Lee) Henry D. King Electric Spring Bayou/Tarpon Station – Ft. Pierce Util- Springs (Pasco). ities (St. Lucie). Forked Creek (Sarasota) Big Mud Creek ( St. Tamiami Canal at Lucie). Wootens (Collier). Berkeley Canal (Brevard) Big Cypress National Pre- Black Point Park/Black serve Headquarters Creek (Dade County). Canal (Collier). Palmer Lake (Dade)Little Sulphur Springs River (Dade). (Hillsborough). Turkey Point Canal (Dade). C-111 canal and canal just west of Card Sound Bridge (Dade). Biscayne Canal (Dade) Banana River Marine Service Marina (Brevard). Canals/Coves, Upper Keys (Bayside of Key Largo) (Monroe). Harbor Branch canal (St. Lucie).

BILLING CODE 4310–55–S

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[FR Doc. 2010–325 Filed 1–11– 10; 8:45 am] BILLING CODE 4310–55–C

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DEPARTMENT OF COMMERCE 2009 (74 FR 63080) is extended to Inlet beluga whale can be found on our March 3, 2010. Web site at: http://www.fakr.noaa.gov/ National Oceanic and Atmospheric ADDRESSES: Send comments to Kaja Administration FOR FURTHER INFORMATION CONTACT: Kaja Brix, Assistant Regional Administrator, Brix, (907) 586–7824, or Marta Protected Resources, Alaska Region, Nammack, (301) 713–1401. 50 CFR Part 226 NMFS, ATTN: Ellen Sebastian. You may [Docket No. 09022432–91321–03] submit comments, identified by ‘‘RIN SUPPLEMENTARY INFORMATION: We 0648–AX50’’ by any one of the following published a proposed rule to designate RIN 0648–AX50 methods: critical habitat for the Cook Inlet beluga Electronic submissions: Submit all whale in the Federal Register of Endangered and Threatened Species; electronic public comments via the December 2, 2009 (74 FR 63080). We Designation of Critical Habitat for the Federal eRulemaking Portal website at received several requests, including Cook Inlet Beluga Whale http://www.regulations.gov. from the Alaska Congressional Mail: P.O. Box 21668, Juneau, AK AGENCY: National Marine Fisheries delegation, to extend the comment Service (NMFS), National Oceanic and 99802–1668 period to allow the public to provide Fax: 907–586–7557 Atmospheric Administration (NOAA), input to the designation of critical Hand deliver to the Federal Building: habitat and, in particular, to comment Commerce. 709 West 9th Street, Room 420A, Juneau, ACTION: Proposed rule; extension of on the economic report. The Alaska AK. Congressional delegation asked for an public comment period. All comments received are a part of additional 30 days; another commenter the public record and generally will be asked for an additional 60 days. An SUMMARY: We, NMFS, are extending the posted to http://www.regulations.gov additional 30–day comment period date by which public comments are due without change. All Personal Identifying concerning the proposed rule to Information (e.g. name, address) should allow sufficient time for designate critical habitat for the voluntarily submitted by the commenter responders to comment while endangered Cook Inlet beluga whale, may be publicly accessible. Do not preserving the time needed for NMFS to Delphinapterus leucas, under the submit Confidential Business prepare the final rule. The original due Endangered Species Act of 1973, as Information or otherwise sensitive or date for receipt of public comments was amended (ESA). We published a protected information. NMFS will scheduled to end on February 1, 2010, proposed rule to designate critical accept anonymous comments (enter N/ and today we extend the public habitat for this species in the Federal A in the required fields, if you wish to comment period to March 3, 2010. Register of December 2, 2009. The remain anonymous). Attachments to Authority: 16 U.S.C. 1533 et seq. original due date for receipt of public electronic comments will be accepted in Dated: January 6, 2010. comments was scheduled to end on Microsoft Word, WordPerfect, of Adobe February 1, 2010, and today we extend portable document file (PDF) format James W. Balsiger, the public comment period to March 3, only. Assistant Administrator for Fisheries, 2010. The proposed rule and other materials National Marine Fisheries Service. DATES: The comment date for the relating to the proposed rule to [FR Doc. 2010–384 Filed 1–7–10; 4:15 pm] proposed rule published December 2, designate critical habitat for the Cook BILLING CODE 3510–22–S

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Notices Federal Register Vol. 75, No. 7

Tuesday, January 12, 2010

This section of the FEDERAL REGISTER DEPARTMENT OF AGRICULTURE requires the appropriate official of a contains documents other than rules or county that receives funds under Title proposed rules that are applicable to the Submission for OMB Review; III of the Act to submit to the Secretary public. Notices of hearings and investigations, Comment Request of Agriculture or the Secretary of the committee meetings, agency decisions and rulings, delegations of authority, filing of January 7, 2010. Interior, as appropriate, an annual petitions and applications and agency The Department of Agriculture has certification that the funds have been statements of organization and functions are submitted the following information expended for the uses authorized under examples of documents appearing in this collection requirement(s) to OMB for section 302(a) of the Act. The section. review and clearance under the information will be collected annually Paperwork Reduction Act of 1995, in the form of conventional Public Law 104–13. Comments correspondence such as a letter and, at FINANCIAL CRISIS INQUIRY regarding (a) whether the collection of the respondent’s option, attached tables COMMISSION information is necessary for the proper or similar graphic display. At the Notice of Open Meeting performance of the functions of the respondent’s discretion, the information agency, including whether the may be submitted by hard copy and/or SUMMARY: The Financial Crisis Inquiry information will have practical utility; electronically scanned and included as Commission (FCIC) announces that it (b) the accuracy of the agency’s estimate an attachment to electronic mail. of burden including the validity of the will hold its first public hearing, in Need and Use of the Information: The which the Commission will begin its methodology and assumptions used; (c) ways to enhance the quality, utility and information collected will identify the thorough examination of the root causes participating county and the year in of the crisis by hearing testimony on the clarity of the information to be which the expenditures were made and causes and current state of the crisis. collected; (d) ways to minimize the will include the name, title, and Top leaders of both private and public burden of the collection of information sector entities that played critical roles on those who are to respond, including signature of the official certifying that in the crisis will testify. through the use of appropriate the expenditures were for uses automated, electronic, mechanical, or authorized under section 302(a) of the DATES: The open meeting will be held other technological collection Act, and the date of the certification. on Wednesday, January 13, 2010, and techniques or other forms of information Information will also be collected Thursday, January 14, 2010, technology should be addressed to: Desk including the amount of funds commencing on both days at 9 a.m. Officer for Agriculture, Office of expended in the applicable year and the ADDRESSES: The open meeting will be Information and Regulatory Affairs, uses for which the amounts were held in the hearing room of the Office of Management and Budget expended referencing the authorized Committee on Ways and Means U.S. (OMB), categories; (1) carry out activities under House of Representatives, 1100 [email protected] or the Firewise Communities program; (2) Longworth House Office Building, fax (202) 395–5806 and to Departmental reimburse the participating county for Washington, DC 20515. Clearance Office, USDA, OCIO, Mail emergency services performed on FOR FURTHER INFORMATION CONTACT: The Stop 7602, Washington, DC 20250– Federal land and paid for by the Financial Crisis Inquiry Commission, 7602. Comments regarding these participating county; and (3) to develop 1717 Pennsylvania Avenue, Suite 800, information collections are best assured community wildfire protection plans in Washington, DC 20006, 202–292–2799, of having their full effect if received coordination with the appropriate 202–632–1604 fax. within 30 days of this notification. Secretary or designee. The information Copies of the submission(s) may be will be used to verify that participating SUPPLEMENTARY INFORMATION: The obtained by calling (202) 720–8681. purpose of the Financial Crisis Inquiry An agency may not conduct or counties have certified that funds were Commission is to examine the causes, sponsor a collection of information expended as authorized in the Act. domestic and global, of the current unless the collection of information Description of Respondents: State, financial and economic crisis in the displays a currently valid OMB control Local or Tribal Government. United States, per the requirements of number and the agency informs Number of Respondents: 360. the Fraud Enforcement and Recovery potential persons who are to respond to Act of 2009 (‘‘FERN’s), Section 5, Public the collection of information that such Frequency of Responses: Reporting: Law 111–21,123 Stat. 1617 (2009). persons are not required to respond to Annually. Public Participation: The meeting is the collection of information unless it Total Burden Hours: 1,440. open to the public. The Chairman of the displays a currently valid OMB control Charlene Parker, Commission will lead the meeting for number. the orderly conduct of business. Departmental Information Collection Forest Service Clearance Officer. Dated: January 7, 2009. Title: Secure Rural Schools Act. [FR Doc. 2010–341 Filed 1–11–10; 8:45 am] Phil Angelides, OMB Control Number: 0596–NEW. BILLING CODE 3410–11–P Chairman, Financial Crisis Inquiry Summary of Collection: The Secure Commission. Rural Schools and Community Self- [FR Doc. 2010–442 Filed 1–11–10; 8:45 am] Determination Act of 2000 (the Act) BILLING CODE 6820–RK–M reauthorized in Public Law 110–343,

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DEPARTMENT OF AGRICULTURE provide assistance to small producers within 30 days of this notification. and whose governing board and/or Copies of the submission(s) may be Submission for OMB Review; membership are comprised of at least 75 obtained by calling (202) 720–8958. Comment Request percent socially-disadvantaged. An agency may not conduct or Need and Use of the Information: sponsor a collection of information January 7, 2010. Rural Business Service needs to receive unless the collection of information The Department of Agriculture has the information contained in this displays a currently valid OMB control submitted the following information collection of information to make number and the agency informs collection requirement(s) to OMB for prudent decisions regarding eligibility potential persons who are to respond to review and clearance under the of applicants and selection priority the collection of information that such Paperwork Reduction Act of 1995, among competing applicants, to ensure persons are not required to respond to Public Law 104–13. Comments compliance with applicable laws and the collection of information unless it regarding (a) whether the collection of regulations and to evaluate the projects displays a currently valid OMB control information is necessary for the proper it believes will provide the most long- number. performance of the functions of the term economic benefit to rural areas. agency, including whether the Description Of Respondents: Not-for- Food and Nutrition Service information will have practical utility; profit institutions. Title: Summer Food Service Program (b) the accuracy of the agency’s estimate Number of Respondents: 30. Claim for Reimbursement. of burden including the validity of the Frequency of Responses: Reporting: OMB Control Number: 0584–0041. methodology and assumptions used; (c) Annually; Semi-Annually; and Monthly. Summary of Collection: The Summer ways to enhance the quality, utility and Total Burden Hours: 468. Food Service Program Claim for clarity of the information to be Charlene Parker, Reimbursement Form is used to collect collected; (d) ways to minimize the Departmental Information Collection meal and cost data from sponsors to burden of the collection of information Clearance Officer. determine the reimbursement on those who are to respond, including [FR Doc. 2010–342 Filed 1–11–10; 8:45 am] entitlement for meals served. The form through the use of appropriate BILLING CODE 3410–XT–P is sent to the Food and Nutrition automated, electronic, mechanical, or Service’s (FNS) Regional Offices where other technological collection it is entered into a computerized techniques or other forms of information DEPARTMENT OF AGRICULTURE payment system. The payment system technology should be addressed to: Desk computes earnings to date and the Officer for Agriculture, Office of Submission for OMB Review; number of meals to date and generates Information and Regulatory Affairs, Comment Request payments for the amount of earnings in Office of Management and Budget excess of prior advance and claim (OMB), OIRA_Submission January 7, 2010. payments. To fulfill the earned @OMB.EOP.GOV or fax (202) 395–5806 The Department of Agriculture has reimbursement requirements set forth in and to Departmental Clearance Office, submitted the following information the Summer Food Service Program collection requirement(s) to OMB for USDA, OCIO, Mail Stop 7602, Regulations issued by the Secretary of review and clearance under the Washington, DC 20250–7602. Agriculture (7 CFR 225), the meals and Paperwork Reduction Act of 1995, Comments regarding these information the cost data must be collected on the Public Law 104–13. Comments collections are best assured of having FNS–143, Claim for Reimbursement regarding (a) whether the collection of their full effect if received within 30 form. days of this notification. Copies of the information is necessary for the proper Need and Use of the Information: FNS submission(s) may be obtained by performance of the functions of the will collect information to manage, calling (202) 720–8681. agency, including whether the plan, evaluate, and account for An agency may not conduct or information will have practical utility; government resources. If the sponsor a collection of information (b) the accuracy of the agency’s estimate information is not collected on the unless the collection of information of burden including the validity of the claim form, the sponsor could not displays a currently valid OMB control methodology and assumptions used; (c) receive reimbursement. number and the agency informs ways to enhance the quality, utility and Description of Respondents: State, potential persons who are to respond to clarity of the information to be Local or Tribal Government. the collection of information that such collected; (d) ways to minimize the Number of Respondents: 111. persons are not required to respond to burden of the collection of information Frequency of Responses: Reporting: the collection of information unless it on those who are to respond, including Other: (3 per year). displays a currently valid OMB control through the use of appropriate Total Burden Hours: 167. number. automated, electronic, mechanical, or other technological collection Food and Nutrition Service Rural Business-Cooperative Service techniques or other forms of information Title: 7 CFR Part 225, Summer Food Title: Small Socially-Disadvantaged technology should be addressed to: Desk Service Program. Producer Grant Program. Officer for Agriculture, Office of OMB Control Number: 0584–0280. OMB Control Number: 0570–0052. Information and Regulatory Affairs, Summary of Collection: Section 13 of Summary of Collection: The Small Office of Management and Budget the National School Lunch Act, as Socially-Disadvantaged Producer Grant (OMB), amended, 42 U.S.C. 1761, authorizes the Program was authorized by section 2744 [email protected] or Summer Food Service Program (SFSP). of the Federal Agriculture Improvement fax (202) 395–5806 and to Departmental The SFSP provides assistance to States and Reform Act of 2006, Public Law Clearance Office, USDA, OCIO, Mail to initiate and maintain nonprofit food 109–97. The Act provides for the Stop 7602, Washington, DC 20250– service programs for needy children Secretary of Agriculture to make grants 7602. Comments regarding these during the summer months and at other to cooperatives or associations of information collections are best assured approved times. Under the program, a cooperative whose primary focus is to of having their full effect if received sponsor receives reimbursement for

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serving nutritious, well-balanced meals moderate-income applicants located in Comments to eligible children at the food service rural geographic areas to assist them in Comments are invited on: (a) Whether sites. Information is gathered from State obtaining decent, sanitary and safe the proposed collection of information agencies and other organizations dwellings. Rural Development currently is necessary for the proper performance wishing to participate in the program to processes loan originations through of the functions of the agency, including determine eligibility. FNS uses a variety approximately 700 Field Offices. The whether the information will have of forms to collect information. Rural Development, Centralized practical utility; (b) the accuracy of Need and Use of the Information: FNS Servicing Center (CSC), located in St. agency’s estimate of the burden of the uses the information collected to Louis, Missouri, provides support to the proposed collection of information determine an organization’s eligibility Field Offices and is responsible for loan including the validity of the and to monitor program performance for servicing functions for Single Family methodology and assumptions used; (c) compliance and reimbursement housing direct program borrowers. The ways to enhance the quality, utility and purposes. CSC was established to achieve a high clarity of the information to be Description of Respondents: level of customer service and operating collected; and (d) ways to minimize the Individuals or household; Business or efficiency. The CSC has established a burden of the collection of information other for-profit; Not-for-profit fully integrated call center and is able to on those who are to respond, including institutions; State, Local, or Tribal provide borrowers with convenient the use of appropriate automated, Government. access to their loan account information. electronic, mechanical, or other Number of Respondents: 105,249. To facilitate CSC’s mission and in an technological collection techniques or Frequency of Responses: effort to continuously improve its other forms of information technology. Recordkeeping; Reporting: On occasion; services, a survey has been developed Comments may be sent to Linda Watts Weekly; Quarterly; Monthly. that will measure the change in quality Thomas, Regulations and Paperwork Total Burden Hours: 182,683. of service that borrower’s receive when Management Branch, Support Services Ruth Brown, they contact the CSC. Three previous Division, U.S. Department of Departmental Information Collection surveys have been completed under Agriculture, Rural Development, STOP Clearance Officer. prior authorization. Respondents will 0742, 1400 Independence Ave. SW., [FR Doc. 2010–343 Filed 1–11–10; 8:45 am] only need to report information on a Washington, DC 20250–0742. All one-time basis. BILLING CODE 3410–30–P responses to this notice will be The results of the survey will provide summarized and included in the request a general satisfaction level among for OMB approval. All comments will DEPARTMENT OF AGRICULTURE borrowers throughout the nation. The also become a matter of public record. data analysis will provide comparisons Dated: December 29, 2009. Rural Housing Service to prior surveys and reveal areas of Sylvia Bolivar, increased satisfaction as well as areas in Acting Administrator, Rural Housing Service. Notice of Request for Collection of need of improvement. CSC’s goal is to Public Information With the Use of a continuously improve program delivery, [FR Doc. E9–31336 Filed 1–11–10; 8:45 am] Survey accessibility and overall customer BILLING CODE 3410–XV–P AGENCY: Rural Development, USDA. service satisfaction. A follow up survey will be conducted in 18–24 months, but ACTION: Proposed collection; comments DEPARTMENT OF AGRICULTURE may or may not be sent to the same requested. initial respondents. Additionally, in Animal and Plant Health Inspection SUMMARY: In accordance with the accordance with Government Service Paperwork Reduction Act of 1995, this Performance and Results Act (GPRA), [Docket No. APHIS-2007-0044] notice announces the Rural the survey will enable CSC to measure the results and overall effectiveness of Development’s intention to request Draft Environmental Impact Statement; customer services provided as well as clearance for continuation of Determination of Regulated Status of implement action plans and measure information collection to measure the Alfalfa Genetically Engineered for improvements. quality of loan servicing provided by the Tolerance to the Herbicide Glyphosate Rural Development, Centralized Estimate of Burden: Public reporting Servicing Center (CSC) in St. Louis, MO. burden for this collection of information AGENCY: Animal and Plant Health DATES: Comments on this notice must be is estimated to average 16 minutes per Inspection Service, USDA. received by March 15, 2010 to be response. ACTION: Notice of availability of a draft assured of consideration. Respondents: Rural Development, environmental impact statement and FOR FURTHER INFORMATION CONTACT: SFH Program Borrowers. public meetings. Terrie Barton, Customer Service Branch Estimated Number of Respondents: SUMMARY: We are advising the public Chief, Centralized Servicing Center, 6,000. that the Animal and Plant Health 4300 Goodfellow Blvd., Mail Code FC Estimated Number of Responses per Inspection Service has prepared a draft 25, St. Louis, Missouri 63120–1703, Respondent: 1. environmental impact statement in phone: (314) 457–5133, e-mail: Estimated Number of Responses: connection with making a [email protected]. 6,000. determination on the status of the SUPPLEMENTARY INFORMATION: Estimated Total Annual Burden on Monsanto Company and Forage Title: Rural Development—Customer Respondents: 960. Genetics International alfalfa lines Satisfaction Survey. Copies of this information collection designated as events J101 and J163 as Type of Request: Continuation of can be obtained from Linda Watts regulated articles. This notice also information collection. Thomas, Regulations and Paperwork provides notice of public meetings. Abstract: USDA, Rural Development Management Branch, Support Services DATES: We will consider all comments provides insured loans to low- and Division at (202) 692–0226. that we receive on or before February

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16, 2010. We will also consider The regulations in § 340.6(a) provide Public Meetings comments made at public meetings to that any person may submit a petition We are advising the public that we are be held on January 19, 2010, and on to the Animal and Plant Health hosting four public meetings. The February 3, 4, and 9, 2010. Inspection Service (APHIS) seeking a public meetings will be held as follows: ADDRESSES: The public meetings will be determination that an article should not ∑ Tuesday, January 19, 2010, in the held in Las Vegas, NV, Kearney, NE, be regulated under 7 CFR part 340. Golden Nugget Hotel, 129 Fremont Lincoln, NE, and Riverdale, MD (see the Paragraphs (b) and (c) of § 340.6 Street, Las Vegas, NV, from 11 a.m. to Supplementary Information section of describe the form that a petition for a 2 p.m., local time. determination of nonregulated status this notice for the address of each ∑ Wednesday, February 3, 2010, in the must take and the information that must hearing site). You may submit written Buffalo County Fairgrounds Exhibit be included in the petition. comments on the draft environmental Center, 3807 Avenue N, Kearney, NE, impact statement by either of the In a notice published in the Federal from 3 p.m. to 6 p.m., local time. following methods: Register on June 27, 2005 (70 FR 36917- ∑ ∑ Thursday, February 4, 2010, in the Federal eRulemaking Portal: Go to 36919, Docket No. 04-085-3), APHIS Holiday Inn Haymarket, 141 North 9th (http://www.regulations.gov/ advised the public of its determination, Street, Lincoln, NE, from 4 p.m. to 7 fdmspublic/component/ effective June 14, 2005, that the p.m., local time. Monsanto/Forage Genetics International main?main=DocketDetail&d=APHIS- ∑ Tuesday, February 9, 2010, in the (FGI) alfalfa events J101 and J163 were 2007-0044) to view the draft USDA Center at Riverside, 4700 River no longer considered regulated articles environmental impact statement, or to Road, Riverdale, MD, from 4 p.m. to 7 under the regulations governing the submit or view public comments. p.m., local time. ∑ Postal Mail/Commercial Delivery: introduction of certain genetically A representative of APHIS will Please send two copies of your comment engineered organisms. That preside at the public meetings. Any to Docket No. APHIS-2007-0044, determination was subsequently interested person may appear and be Regulatory Analysis and Development, challenged in the United States District heard in person, by attorney, or by other PPD, APHIS, Station 3A-03.8, 4700 Court for the Northern District of representative. Written statements may River Road Unit 118, Riverdale, MD California by the Center for Food Safety, be submitted and will be made part of 20737-1238. Please state that your other associations, and several organic the meeting record. comment refers to Docket No. APHIS- alfalfa growers. The lawsuit alleged that Registration will take place 30 2007-0044. APHIS’ decision to deregulate the minutes prior to the scheduled start of Reading Room: You may read any genetically engineered glyphosate- the meeting. Persons who wish to speak comments that we receive on this tolerant alfalfa events J101 and J163 at a meeting will be asked to sign in docket in our reading room. The reading violated the National Environmental with their name and organization to room is located in room 1141 of the Policy Act (NEPA), the Endangered establish a record for the meeting. We USDA South Building, 14th Street and Species Act, and the Plant Protection ask that anyone who reads a statement Independence Avenue SW., Act. Washington, DC. Normal reading room provide two copies to the presiding On February 13, 2007, the court in officer at the meeting. hours are 8 a.m. to 4:30 p.m., Monday that case issued its memorandum and The presiding officer may limit the through Friday, except holidays. To be order in which it determined that time for each presentation, so that all sure someone is there to help you, APHIS had violated NEPA by not interested persons appearing at each please call (202) 690-2817 before preparing an environmental impact meeting have an opportunity to coming. statement (EIS) in connection with its participate. Each meeting may be Other Information: Additional deregulation determination. The court terminated at any time if all persons information about APHIS and its ruled that the environmental assessment desiring to speak have been heard. programs is available on the Internet at prepared by APHIS for its deregulation (http://www.aphis.usda.gov). determination failed to adequately Parking and Security Procedures FOR FURTHER INFORMATION CONTACT: Dr. consider certain environmental impacts Please note that a fee of $4 in exact Andrea Huberty, Branch Chief, in violation of NEPA. The deregulation change is required to enter the parking Regulatory and Environmental Analysis determination was vacated and APHIS lot at the USDA Center at Riverside. The Branch, BRS, APHIS, 4700 River Road was directed by the court to prepare an machine accepts $1 bills or quarters. Unit 146, Riverdale, MD 20737; (301) EIS in connection with its new Upon entering the building, visitors 734-0485. determination on the regulated status of should inform security personnel that SUPPLEMENTARY INFORMATION: The the events. they are attending the public meeting regulations in 7 CFR part 340, APHIS has prepared a draft EIS, titled regarding the regulated status of alfalfa ‘‘Introduction of Organisms and ‘‘Glyphosate-Tolerant Alfalfa Events genetically engineered for tolerance to Products Altered or Produced Through J101 and J163: Request for Nonregulated the herbicide glyphosate. State issued Genetic Engineering Which Are Plant Status’’ (November 2009), regarding this photo identification is required and all Pests or Which There Is Reason to determination of regulated status. The bags will be screened. Security Believe Are Plant Pests,’’ regulate, EIS is available on Regulations.gov for personnel will direct people to the among other things, the introduction review and comment, and may be registration tables. Registration upon (importation, interstate movement, or accessed via the Internet address arrival is required for all participants. release into the environment) of provided above under the heading Done in Washington, DC, this 6th day organisms and products altered or ADDRESSES. of January 2010. produced through genetic engineering A notice of availability regarding the that are plant pests or that there is draft EIS was also published by the Kevin Shea reason to believe are plant pests. Such Environmental Protection Agency in the Acting Administrator, Animal and Plant genetically engineered organisms and Federal Register on December 18, 2009 Health Inspection Service. products are considered ‘‘regulated (74 FR 67206-67207, Docket No. ER- [FR Doc. 2010–345 Filed 1–11–10: 11:49 am] articles.’’ FRL-8986-6). BILLING CODE: 3410–34–S

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DEPARTMENT OF AGRICULTURE ADDRESSES. Copies of documents may impacts to ash and the forest ecosystem be requested at the same address. from EAB. Forest Service Another means of obtaining information There is a need to re-establish is to visit the Forest Web page at healthy, vigorous forest in areas Medford-Park Falls Ranger District, http://www.fs.fed.us/r9/cnnf/natres/ impacted by disease and wind damage. Chequamegon-Nicolet National Forest, index.html. Click on ‘‘Park Falls There is a need to restore and expand Park Falls Hardwoods Project Hardwoods Project’’ under the ‘‘Current Canada yew populations within the AGENCY: Forest Service, USDA. Proposed Actions’’ heading. project area. Most of the mid to late successional ACTION: SUPPLEMENTARY INFORMATION: The Notice of Intent to prepare an upland forest within the project area is Environmental Impact Statement. information presented in this notice is included to help the reviewer determine well over the stocking levels prescribed SUMMARY: The USDA Forest Service, if they are interested in or potentially in the Forest Plan to maintain forest Chequamegon-Nicolet National Forest, affected by this proposed project. The health and productivity. There is a need Medford-Park Falls Ranger District information presented in this notice is to treat these areas to promote forest intends to prepare an Environmental summarized. Those who wish to health and vigor. Impact Statement (EIS) to document the comment on this proposal or are There is a need to reduce the amount analysis and disclose the environmental otherwise interested in or potentially of early successional species (primarily effects of proposed land management affected by it are encouraged to review aspen) within the project area. For MA activities, and corresponding more detailed documents such as the 2B, Chapter 3 of the Forest Plan has a alternatives within the Park Falls Proposed Action for the Park Falls desired condition for aspen of a Hardwoods project area. The primary Hardwoods project and the draft EIS as maximum of 10% of the upland forest. purpose of this proposal is to implement these documents become available. See The existing condition is that aspen activities consistent with direction in the preceding section of this notice for comprises about 25% of the upland the Chequamegon-Nicolet National contact information. forest type. Forests Land and Resource Management The majority of the hardwood forest Plan (Forest Plan) and respond to Purpose and Need for Action within the project area was established specific needs identified in the project The Park Falls Hardwoods project 70 to 80 years ago and is comprised of area. The project area is located on the primarily falls within the area defined trees that are all about the same age. In Park Falls unit of the Medford-Park in the Chequamegon-Nicolet National MA 2B, the Forest Plan describes the Falls Ranger District, Chequamegon- Forests 2004 Land and Resource desired condition for the area as mid to Nicolet National Forest, approximately Management Plan (Forest Plan) as late successional uneven-aged northern 13–15 miles northeast of Phillips, Management Area (MA) 2B. MA 2B is hardwood forests. There is a need to Wisconsin. The legal description for the described in the Forest Plan as having increase the amount of uneven-aged area is: Portions of the eastern Sections a desired condition as an uneven-aged, hardwood forest within the project area. of Township 37 North, Range 3 East; northern hardwood, interior forest. Much of the hardwood forest within Township 38 North, Range 3 East; and Guidance in the Forest Plan identifies the project area is connected in large Township 39 North, Range 3 East; this area to be managed for relatively blocks. There are some instances, Fourth Principal Meridian. continuous mid to late successional particularly in the southern portion of DATES: Comments concerning the scope northern hardwood and northern the project area, where treatment of of the analysis must be received within hardwood-hemlock forest communities early successional forest to convert it to 30 days of publication of this notice to where large patch conditions and a later successional species, will increase receive timely consideration in relatively continuous canopy is the potential and meet the need for preparation of the draft Environmental maintained or recreated. The primary larger patches of the desired forest type Impact Statement (EIS). The draft EIS is purpose of the Park Falls Hardwoods (hardwoods, spruce, pine, hemlock, expected May 2010 and the final EIS is proposal is to implement activities oak). As described earlier, the 2B expected November 2010. consistent with direction in the Forest management prescription calls for ADDRESSES: Send written comments to Plan and to respond to specific needs identified in the project area. Through upland forest of primarily mid to late District Ranger Bob Heimes, c/o Jane successional species. While there is an Darnell, Medford-Park Falls Ranger an analysis of the existing conditions within the project area compared to the overabundance of early successional District, 850 N. 8th St., Medford, species in the project area, the early Wisconsin 54451. Comments may also desired conditions as documented in the Forest Plan, six needs for action successional species that are present are be sent via e-mail to also overabundant in the older age [email protected] with a subject line have been identified (A–F): A. Need to Maintain and Improve groups, with limited representation in that reads ‘‘Park Falls Hardwoods Forest Health (Forest Plan Goal 1.4): the youngest age groups (0–10 years of Project’’, or via facsimile to 715–748– Nine needs have been identified related age). 5675. to forest health. B. Need to Maintain and Improve FOR FURTHER INFORMATION CONTACT: Jane There is a need to understand the Threatened, Endangered, and Sensitive Darnell, NEPA Coordinator, Medford– processes controlling forest-atmosphere Species Habitats (Forest Plan Goal 1.1): Park Falls Ranger District, exchange of carbon dioxide and the Based on monitoring, the habitat for Chequamegon-Nicolet National Forest, response of these processes to climate spruce grouse (a sensitive species) as USDA Forest Service; telephone: 715– change. identified by the Forest Plan is near the 748–4875 (individuals who use Emerald ash borer (EAB) is an minimum threshold identified for this telecommunication devices for the deaf, introduced insect that has the potential species forest-wide. There is a need to TDD, may call the Federal Information to devastate all native ash species increase the amount of habitat for this Relay Service (FIRS) at 1–800–877–8339 similar to what occurred to the species where feasible. The project area between 8 a.m. and 8 p.m., Eastern American chestnut and American elm. contains some habitat for spruce grouse Time, Monday through Friday). For a There is a need to identify site-specific which could be improved and mailing address, see above under strategies to control or minimize expanded.

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C. Need to Maintain and Improve understory, to encourage age-class within the project area that respond to Coldwater Fisheries (Forest Plan Goal development, or to encourage growth, the purpose and need. The decision will 1.5): There is a need to reduce the health and vigor in the remaining trees. also include resource protection amount of aspen adjacent to streams Other proposed projects related to forest measures as identified in the applicable within the project area, particularly cold health include restoration of about 2 Forest Plan standards and guidelines. water streams. Beaver activity (primarily acres of Canada yew by supplemental The decision may also include feeding or utilization of aspen close to planting and fencing and restoration of monitoring requirements and whether these streams) results in lack of shade desired tree species (conifer and oak for Forest Plan amendments are needed to trees adjacent to the stream and example) through supplemental implement the decision. potentially leads to increases in water planting within a portion of the Scoping Process temperature, making it unsuitable for proposed harvest areas. cold water species. B. The following project addresses the This notice of intent initiates the D. Need to Maintain or Enhance the need to maintain or improve Regional scoping process, which guides the Quality of the Recreation Experience Forester Sensitive Species habitat development of the environmental (Forest Plan Goal 2.1): The Fould’s (spruce grouse habitat): Supplemental impact statement. Comments in Creek spring ponds have long been planting and retention of spruce on response to this solicitation for utilized as a recreational fishery. Also, about 50 acres. information should focus on (1) the there are currently no designated non- C. The following project addresses the proposal; (2) issues or impacts from the motorized trails within the project area. need to maintain or improve coldwater proposal; and (3) possible alternatives Some of the project area is designated fisheries: Retention of shade trees and for addressing issues associated with the for non-motorized public access, so discouragement of aspen adjacent to 12 proposal. We are especially interested in public access is limited to foot travel. miles of coldwater streams. information that might identify a There is a need to provide adequate foot D. The following project addresses the specific undesired result of travel access within the project area need to provide and enhance recreation implementing the proposed actions. which would improve the quality of the opportunities: Designation of about 6 It is important that reviewers provide recreational experience. miles of walking trails. their comments at such times and in E. Need for Supplying Wood Products E. The following project addresses the such maimer that they are useful to the (Forest Plan Goal 2.5): The harvest need for supplying wood products: agency’s preparation of the activities being proposed to meet the Proposed harvest activities will be environmental impact statement. needs for action would result in the conducted through commercial timber Therefore, comments should be availability of wood products, including sales with an estimated 91 million board pulpwood, sawtimber, and biomass provided prior to the close of the feet of pulpwood and sawtimber comment period and should clearly products. Environmentally sound products, and potentially 14,000 dry harvest through commercial timber sales articulate the reviewer’s concerns and tons of tree top material which could be contentions. would meet this need. utilized for biomass. Comments received in response to F. Need to Develop and Maintain F. The following projects address this solicitation, including names and Capital Infrastructure (Forest Plan Goal transportation needs for timber harvest addresses of those who comment, will 3.1 Transportation Systems): Based on a and for providing a safe and efficient be part of the public record for this roads analysis, there is a need to transportation system to meet proposed action. Comments submitted provide an adequate, safe, and efficient administrative and public access needs: anonymously will be accepted and transportation system in the project (1) New permanent road construction of considered, however. area. More specifically, total road about 12 miles; (2) New temporary road densities are slightly above the desired construction of about 1 mile; (3) Road Dated: January 4, 2010. road density in portions of the project reconstruction of about 43 miles; and (4) Jeanne M. Higgins, area, some roads are in areas susceptible Road decommissioning of about 29 Forest Supervisor. to resource damage, other roads are miles. In addition, the proposal includes [FR Doc. 2010–214 Filed 1–11–10; 8:45 am] located in areas where there are no designation of about 16 miles of road BILLING CODE 3410–11–M foreseeable access needs, and some that would be open to public highway areas lack access. vehicle use and another 14 miles that Proposed Action would also be open to OHV (off DEPARTMENT OF AGRICULTURE highway vehicle) use. The proposed land management Forest Service activities (proposed actions) to meet the Possible Alternatives needs of the area include the following: Alternatives to the proposed action Deschutes and Ochoco National A. The following tree harvest activities that are currently being considered for Forests Resource Advisory Committee address the needs to maintain or display in the draft EIS are as follows: AGENCY: improve forest health in the project The required No Action alternative. Forest Service, USDA. area: (1) Selection harvest on about Other alternatives will be developed as ACTION: Notice of meeting. 14,500 acres; (2) Improvement harvest the analysis progresses. on about 1,400 acres; (3) Thinning SUMMARY: The Deschutes and Ochoco harvest on about 150 acres; (4) Responsible Official National Forests Resource Advisory Shelterwood harvest on about 380 acres; Bob Heimes, Medford-Park Falls Committee will meet in Redmond, (5) Overstory removal harvest on about District Ranger, Chequamegon-Nicolet Oregon. The purpose of the meeting is 160 acres; and (6) Clearcut harvest on National Forest. to review proposed projects and make about 450 acres. Selection, thinning, recommendations under Title II and improvement harvest are types of Nature of Decision To Be Made (division C of Pub. L. 110–343 harvest activities that remove only a The primary decision will be whether reauthorized and amended the Secure portion of the existing trees to or not to implement the proposed rural Schools and community Self- encourage regeneration of an projects or alternatives of the projects Determination Act of 2000 (SRS Act) as

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originally enacted in Public Law 106– 67 FR 67283 (November 5, 2002); Apparel articles entered in excess of this 393. Executive Order 13277, 67 FR 70305 quantity will be subject to otherwise DATES: The meeting will be held January (November 19, 2002); and the Office of applicable tariffs. 27, 2010 from 9 a.m. to 5 p.m., and the United States Trade Representative’s This quantity is calculated using the January 28, 2010 from 9 a.m. to 4 p.m. Notice of Authority and Further aggregate square meter equivalents of all Assignment of Functions, 67 FR 71606 apparel articles imported into the ADDRESSES: The meeting will be held at (November 25, 2002). the office of the Central Oregon United States, derived from the set of Section 3103 of the Trade Act of 2002 Harmonized System lines listed in the Intergovernmental Council, 2363 SW amended the Andean Trade Preference Glacier Place, Redmond, Oregon 97756. Annex to the World Trade Organization Act (ATPA) to provide for duty- and Agreement on Textiles and Clothing Send written comments to Jeff Walter as quota-free treatment for certain textile Designated Federal Official, for the (ATC), and the conversion factors for and apparel articles imported from units of measure into square meter Deschutes and Ochoco National Forests designated Andean Trade Promotion Resource Advisory Committee, c/o equivalents used by the United States in and Drug Eradication Act (ATPDEA) implementing the ATC. Forest Service, USDA. Ochoco National beneficiary countries. Section Forest, 3160 NE., 3rd St., Prineville, OR 204(b)(3)(B)(iii) of the amended ATPA Janet E. Heinzen, 97754 or electronically to provides duty- and quota-free treatment Acting Chairman, Committee for the [email protected]. for certain apparel articles assembled in Implementation of Textile Agreements. FOR FURTHER INFORMATION CONTACT: Jeff ATPDEA beneficiary countries from [FR Doc. 2010–377 Filed 1–11–10; 8:45 am] Walter, Designated Federal Official, regional fabric and components, subject BILLING CODE 3510–DS–P Ochoco National Forest, 541–416–6625. to quantitative limitation. More SUPPLEMENTARY INFORMATION: The specifically, this provision applies to meeting is open to the public. apparel articles sewn or otherwise DEPARTMENT OF COMMERCE Committee discussion is limited to assembled in one or more ATPDEA Forest Service staff and Committee beneficiary countries from fabrics or Submission for OMB Review; members. However, persons who wish from fabric components formed or from Comment Request components knit-to-shape, in one or to bring Title II matters to the attention The Department of Commerce will more ATPDEA beneficiary countries, of the Committee may flle written resubmit to the Office of Management statements with the Committee staff from yarns wholly formed in the United States or one or more ATPDEA and Budget (OMB) for clearance the before the meeting. A public input following proposal for collection of session will be provided and beneficiary countries (including fabrics not formed from yarns, if such fabrics information under the provisions of the individuals who made written requests Paperwork Reduction Act (44 U.S.C. by January 15, 2010 will have the are classifiable under heading 5602 and 5603 of the Harmonized Tariff Schedule chapter 35). The clearance request was opportunity to address the Committee at withdrawn and is now being the session. (HTS) and are formed in one or more ATPDEA beneficiary countries). Such resubmitted because the Census Bureau Dated: January 4, 2010. apparel articles may also contain certain has made changes to the request. The Jeff Walter, other eligible fabrics, fabric sample size has been lowered, the Designated Federal Official. components, or components knit-to- reinterview rate has been increased and [FR Doc. 2010–252 Filed 1–11–10; 8:45 am] shape. a new Census Coverage Measurement BILLING CODE 3410–11–M Title VII of the Tax Relief and Health Recall Bias Panel Study has been added. Care Act (TRHCA) of 2006, Public Law Two previous notices were published in 107–432, extended the expiration of the the Federal Register announcing plans COMMITTEE FOR THE ATPA to June 30, 2007. See Section to submit this request (June 19, 2009 on IMPLEMENTATION OF TEXTILE 7002(a) of the TRHCA 2006. H.R. 1830, page 29166 and Nov. 24, 2009 on page AGREEMENTS 110th Cong. (2007), further extended the 61329). Neither of the previous notices expiration of the ATPA to February 29, included information about these Amendment of Limitation of Duty- and 2008. H.R. 5264, 110th Cong. (2008), changes. Quota-Free Imports of Apparel Articles further extended the expiration of the Agency: U.S. Census Bureau. Assembled in Beneficiary ATPDEA ATPA to December 31, 2008. H.R. 7222, Title: 2010 Census Coverage Countries From Regional Country 110th Cong. (2008), further extended the Measurement, Person Interview, Person Fabric expiration of the ATPA to December 31, Interview Reinterview, and Recall Bias 2009. H.R 4284, 111th Cong. (2009), Panel Study. AGENCY: Committee for the further extended the expiration of the OMB Control Number: None. Implementation of Textile Agreements ATPA to December 31, 2010. Form Number(s): All data will be (CITA). The purpose of this notice is to extend collected using automated instruments ACTION: Amending the 12–month cap on the period of the quantitative limitation on computers. duty- and quota-free benefits. for preferential tariff treatment under Type of Request: New collection. the regional fabric provision for imports Burden Hours: 68,938. DATES: Effective Date: January 1, 2010. of qualifying apparel articles for a full Number of Respondents: 275,750. FOR FURTHER INFORMATION CONTACT: 12-month period, through September Average Hours per Response: 15 Richard Stetson, International Trade 30, 2010. minutes. Specialist, Office of Textiles and For the period beginning on October Needs and Uses: The U.S. Census Apparel, U.S. Department of Commerce, 1, 2009 and extending through Bureau requests authorization from the (202) 482–3400. September 30, 2010, the aggregate Office of Management and Budget to SUPPLEMENTARY INFORMATION: Authority: quantity of imports eligible for conduct the Census Coverage Section 3103 of the Trade Act of 2002, preferential treatment under the Measurement (CCM) Person Interview Public Law 107–210; Presidential regional fabric provision is (PI) and Person Interview Reinterview Proclamation 7616 of October 31, 2002, 1,163,423,598 square meters equivalent. (PIRI) operations as part of the 2010

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Census. The CCM program will provide 6. Name and above information for Legal Authority: Title 13, United estimates of net coverage error and any person who has moved out of the States Code, Sections 141 and 193. components of coverage error sample address since Census Day (if OMB Desk Officer: Brian Harris- (omissions and erroneous enumerations) known). Kojetin, (202) 395–7314. for housing units and persons in We also will conduct a quality control Copies of the above information housing units. The data collection and operation—PI Reinterview (PIRI) on 15 collection proposal can be obtained by matching methodologies for previous percent of the PI cases. The purpose of calling or writing Diana Hynek, coverage measurement programs were the operation is to confirm that the PI Departmental Paperwork Clearance designed only to measure net coverage enumerator conducted a PI interview Officer, (202) 482–0266, Department of error, which reflects the difference with an actual household member or a Commerce, Room 6625, 14th and between omissions and erroneous valid proxy respondent and conduct a Constitution Avenue, NW., Washington, inclusions. full person interview when falsification DC 20230 (or via the Internet at The 2010 CCM will be comprised of is suspected. If PIRI results indicate [email protected]). two samples selected to measure census falsified information by the original Written comments and coverage of housing units and the enumerator, all cases worked by the recommendations for the proposed household population: The population original enumerator are reworked by information collection should be sent sample (P sample) and the enumeration reassigning the cases to a different PI within 30 days of publication of this sample (E sample). The primary enumerator. notice to Brian Harris-Kojetin, OMB sampling unit is a block cluster, which In addition to the CCM PI Operation, Desk Officer either by fax (202–395– consists of one or more contiguous CCM will conduct a Recall Bias Panel 7245) or e-mail ([email protected]). census blocks. The P sample is a sample Study that will be conducted using an Dated: January 6, 2010. of housing units and persons obtained automated instrument over the phone. independently from the census for a Glenna Mickelson, The study will examine recall bias in Management Analyst, Office of the Chief sample of block clusters. The E sample the CCM with respect to residence is a sample of census housing units and Information Officer. during the 2010 Census cycle. One of [FR Doc. 2010–286 Filed 1–11–10; 8:45 am] enumerations in the same block cluster the recurring questions regarding the BILLING CODE 3510–07–P as the P sample. The results of the 2010 CCM is whether conducting the housing unit matching operations will CCM Person Interview (PI) and CCM be used to determine which CCM and Person Followup (PFU) operations, later DEPARTMENT OF COMMERCE Census addresses will be eligible to go than in previous post-enumeration to the CCM Person Interview (PI) surveys, will cause degradation on the Environmental Technologies Trade Operation. The PI Operations will data collection of respondent moves Advisory Committee (ETTAC) contain approximately 205,000 sample since Census Day (April 1, 2010) and addresses. The Person Interview the information on alternate addresses AGENCY: International Trade Reinterview Operation will be a sample for the residents. The main goal of the Administration, U.S. Department of of those cases with an estimate of 30,750 study is to provide initial insight into Commerce. sample addresses. the issue of recall bias for the CCM PI ACTION: Notice of open meeting. The automated PI instrument will be and PFU. This initial study will used to collect the following SUMMARY: The Environmental measure if we can detect a problem as information for persons in housing units Technologies Trade Advisory our contact moves away from Census only: Committee (ETTAC) will hold its first Day, but will not be able to detect if the 1. Roster of people living at the plenary meeting of 2010 to discuss reporting errors cancel each other out. housing unit at the time of the CCM PI environmental technologies trade Therefore, if no problem is found, we Interview. liberalization, industry competitiveness will not be able to conclude that there 2. Census Day (April 1, 2010) address issues, and general Committee is not a problem with recall bias. The information from people who moved administrative items. plan is to design and implement further into the sample address since Census DATES: January 28, 2010. Day. studies of this issue for CCM in the 2020 ADDRESSES: U.S. Department of 3. Other addresses where a person Decennial testing life cycle. Commerce, 1401 and Constitution may have been counted on Census Day. Four panels of random digit dialing 4. Other information to help us (RDD) respondents will be interviewed Avenue, NW., Washington DC 20230, determine where a person should have during May, June and September 2010, Room 4830. been counted as of Census Day (relative and February 2011. These time periods FOR FURTHER INFORMATION CONTACT: to Census residence rules). For example, represent the current timing for 2010 Ellen Bohon, Office of Energy and enumerators will probe for persons who Census Nonresponse Followup, Environmental Technologies Industries might have been left off the household Coverage Followup, CCM Person (OEEI), International Trade roster; ask additional questions about Interview (PI), and the CCM Person Administration, U.S. Department of persons who moved from another Followup (PFU) operations. The study Commerce at (202) 482–0359. This address on Census Day to the sample will collect the sample information as meeting is physically accessible to address; collect additional information the CCM PI operation. The study will people with disabilities. Requests for for persons with multiple addresses; include 10,000 numbers per panel for a sign language interpretation or other and collect information on the addresses total of 40,000 individuals that can be auxiliary aids should be directed to of other potential residences for contacted. OEEI at (202) 482–5225. household members. Affected Public: Individuals or SUPPLEMENTARY INFORMATION: This is the 5. Demographic information for each households. second time this ETTAC will meet since person in the household on Interview Frequency: One time. its re-chartering in September 2009. The Day or Census Day, including name, Respondent’s Obligation: PI meeting is open to the public and time date of birth, sex, race, Hispanic Origin, Operation: Mandatory. will be permitted for public comment. and relationship. Recall Study: Voluntary. Written comments concerning ETTAC

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affairs are welcome anytime before or fishermen in Florida’s stone crab and Comments submitted in response to after the meeting. Minutes will be lobster fisheries. The survey intends to this notice will be summarized and/or available within 30 days of this meeting. collect economic information about included in the request for OMB The ETTAC is mandated by Public revenues, variable and fixed costs, approval of this information collection; Law 103–392. It was created to advise capital investment and other auxiliary they also will become a matter of public the U.S. government on environmental and demographic information. The data record. trade policies and programs, and to help gathered will be used to describe Dated: January 6, 2010. it to focus its resources on increasing economic performance and to evaluate Gwellnar Banks, the exports of the U.S. environmental the socio-economic impacts of future Management Analyst, Office of the Chief industry. ETTAC operates as an federal regulatory actions. The Information Officer. advisory committee to the Secretary of information will improve fishery [FR Doc. 2010–292 Filed 1–11–10; 8:45 am] Commerce and the Trade Promotion management decisionmaking and satisfy BILLING CODE 3510–22–P Coordinating Committee (TPCC). legal requirements under Executive ETTAC was originally chartered in May Order 12866, the Magnuson-Stevens of 1994. It was most recently re- Fishery Conservation and Management DEPARTMENT OF COMMERCE chartered until September 2010. Act (U.S.C. 1801, et seq.), the Regulatory Dated: January 5, 2009. Flexibility Act, the Endangered Species Patent and Trademark Office Edward A. O’Malley, Act, the National Environmental Policy Act, and other pertinent statutes. Green Technology Pilot Program Director, Office of Energy and Environmental Industries. II. Method of Collection ACTION: Proposed collection; comment [FR Doc. 2010–369 Filed 1–11–10; 8:45 am] The Southeast Fisheries Science request. BILLING CODE 3510–DR–P Center plans to conduct approximately SUMMARY: The United States Patent and 150–225 voluntary, in-person interviews Trademark Office (USPTO), as part of its DEPARTMENT OF COMMERCE from approximately 1,000 commercial continuing effort to reduce paperwork stone crab and lobster fishermen who do and respondent burden, invites the National Oceanic and Atmospheric not live in the Florida Keys. A stratified general public and other Federal Administration random sampling strategy will be agencies to take this opportunity to employed, with strata defined by comment on the new information Proposed Information Collection; county. Approximately 160 interviews collection, as required by the Paperwork Comment Request; Economic have been completed in counties along Reduction Act of 1995, Public Law 104– Performance in the Commercial Stone the west coast of Florida. The next 13 (44 U.S.C. 3506(c)(2)(A)). Crab and Lobster Fisheries in Florida phase of the project intends to collect DATES: Written comments must be data in counties along the east coast of submitted on or before March 15, 2010. AGENCY: National Oceanic and Florida. Atmospheric Administration (NOAA). ADDRESSES: You may submit comments by any of the following methods: ACTION: III. Data Notice. • E-mail: [email protected]. OMB Control Number: 0648–0560. SUMMARY: Include A0651–0062 Green Technology The Department of Form Number: None. Commerce, as part of its continuing Pilot Program comment@ in the subject Type of Review: Regular submission. effort to reduce paperwork and line of the message. Affected Public: Business or other for- • respondent burden, invites the general Fax: 571–273–0112, marked to the profit organizations. public and other Federal agencies to attention of Susan K. Fawcett. • Mail: Susan K. Fawcett, Records comment on proposed and/or Estimated Number of Respondents: Officer, Office of the Chief Information continuing information collections, as 225. Officer, United States Patent and required by the Paperwork Reduction Estimated Time per Response: 1 hour. Trademark Office, P.O. Box 1450, Act of 1995. Estimated Total Annual Burden Hours: 75. Alexandria, VA 22313–1450. DATES: Written comments must be • Estimated Total Annual Cost to Federal Rulemaking Portal: http:// submitted on or before March 15, 2010. Public: $0. www.regulations.gov. ADDRESSES : Direct all written comments FOR FURTHER INFORMATION CONTACT: IV. Request for Comments to Diana Hynek, Departmental Requests for additional information Paperwork Clearance Officer, Comments are invited on: (a) Whether should be directed to Brian Hanlon, Department of Commerce, Room 6625, the proposed collection of information Director, Office of Patent Legal 14th and Constitution Avenue, NW., is necessary for the proper performance Administration, United States Patent Washington, DC 20230 (or via the of the functions of the agency, including and Trademark Office, P.O. Box 1450, Internet at [email protected]). whether the information shall have Alexandria, VA 22313–1450; by FOR FURTHER INFORMATION CONTACT: practical utility; (b) the accuracy of the telephone at 571–272–5047; or by e-mail Requests for additional information or agency’s estimate of the burden at [email protected]. copies of the information collection (including hours and cost) of the SUPPLEMENTARY INFORMATION: instrument and instructions should be proposed collection of information; (c) directed to Jim Waters, (252) 728–8710 ways to enhance the quality, utility, and I. Abstract or [email protected]. clarity of the information to be The United States Patent and SUPPLEMENTARY INFORMATION: collected; and (d) ways to minimize the Trademark Office (USPTO) is burden of the collection of information implementing a streamlined I. Abstract on respondents, including through the examination pilot program for patent The National Marine Fisheries Service use of automated collection techniques applications pertaining to green proposes to continue its collection of or other forms of information technologies, including greenhouse gas socio-economic data from commercial technology. reduction.

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The green technology pilot program initiatives and is expected to run for six public between 1 hour and 10 hours to will permit patent applications months. gather the necessary information, pertaining to green technology, i.e., prepare the appropriate form or other II. Method of Collection environmental quality, energy documents, and submit the information conservation, development of renewable Electronically using the USPTO to the USPTO. online filing system EFS–Web. energy, or greenhouse gas emission Estimated Total Annual Respondent reduction, to be accorded special status III. Data Burden Hours: 6,850 hours per year. for examination using an expedited procedure that is similar to the existing OMB Number: 0651–0062. Estimated Total Annual Respondent first action interview pilot program Form Number(s): PTO/SB/420. Cost Burden: $2,123,500 per year. The without meeting the current Type of Review: New collection. USPTO expects that the information in requirements of the accelerated Affected Public: Individuals or this collection will be prepared by examination program. The first action households; businesses or other for- attorneys. Using the professional rate of interview pilot and accelerated profits; and not-for-profit institutions. $310 per hour for attorneys in private examination programs are both covered Estimated Number of Respondents: firms, the USPTO estimates that the under OMB Control Number 0651–0031. 5,225 responses per year. respondent cost burden for this This pilot will support national and Estimated Time Per Response: The collection will be approximately international green technology USPTO estimates that it will take the $2,123,500 per year.

Estimated time for Estimated Estimated Item annual annual response responses burden hours

Request for Green Technology Pilot Program (PTO/SB/420) ...... 1 hour ...... 5,000 5,000 Protests by the public against pending applications under 37 CFR 1.291 10 hours ...... 65 650 Third-party submissions in published applications under 37 CFR 1.99 ... 7.5 hours ...... 160 1,200 Total ...... 5,225 6,850

Estimated Total Annual Non-Hour year will trigger this fee). Third-party Dated: January 6, 2010. Respondent Cost Burden: $30,210 per submissions under 37 CFR 1.99 must Susan K. Fawcett, year. There are no capital start-up or include the 1.17(p) fee of $180. The Records Officer, USPTO, Office of the Chief maintenance costs associated with this USPTO estimates that the total fees Information Officer. information collection. However, this associated with this collection will be [FR Doc. 2010–373 Filed 1–11–10; 8:45 am] collection does have record keeping approximately $29,710 per year. BILLING CODE 3510–16–P costs and filing fees for the second or The total non-hour respondent cost subsequent protest filed by the same real party in interest and for a third-part burden for this collection in the form of DEPARTMENT OF COMMERCE submission under 37 CFR 1.99. record keeping costs ($500) and filing fees ($29,710) is approximately $30,210 International Trade Administration When submitting the information in per year. this collection to the USPTO A–570–806 electronically through EFS–Web, the IV. Request for Comments applicant is strongly urged to retain a Silicon Metal from the People’s copy of the file submitted to the USPTO Comments are invited on: (a) Whether Republic of China: Final Results and as evidence of authenticity in addition the proposed collection of information Partial Rescission of Antidumping to keeping the acknowledgment receipt is necessary for the proper performance Duty Administrative Review as clear evidence of the date the file was of the functions of the agency, including AGENCY: Import Administration, received by the USPTO. The USPTO whether the information shall have International Trade Administration, estimates that it will take 5 seconds practical utility; (b) the accuracy of the Department of Commerce. (0.001 hours) to print and retain a copy agency’s estimate of the burden SUMMARY: On July 9, 2009, the of the EFS–Web submissions and that (including hours and cost) of the Department of Commerce (the approximately 5,225 submissions per proposed collection of information; (c) ‘‘Department’’) published in the Federal year will be submitted electronically, for ways to enhance the quality, utility and Register the Preliminary Results of the a total of approximately 5 hours per year clarity of the information to be 2007–2008 administrative review of the for printing this receipt. Using the collected; and (d) ways to minimize the antidumping duty order on silicon paraprofessional rate of $100 per hour, burden of the collection of information metal from the People’s Republic of the USPTO estimates that the on respondents; e.g., the use of China (‘‘PRC’’). We gave interested recordkeeping cost associated with this automated collection techniques or parties an opportunity to comment on 1 collection will be approximately $500 other forms of information technology. the Preliminary Results. Based upon per year. our analysis of the comments and Comments submitted in response to There is no fee for filing protests information received, we made changes this notice will be summarized or under 37 CFR 1.291 unless the filed to the margin calculations for the final protest is the second or subsequent included in the request for OMB protest by the same real party in approval of this information collection; 1 See Silicon Metal From the People’s Republic of interest, in which case the 1.17(I) fee of they also will become a matter of public China: Preliminary Results and Preliminary record. Rescission, in Part, of Antidumping Duty $130 must be included (the USPTO Administrative Review, 74 FR 32885 (July 9, 2009) estimates 7 of the 65 protests filed per (‘‘Preliminary Results’’).

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results. We continue to find that certain extended the deadline for parties to silicon metal from China.7 No parties exporters have sold subject merchandise submit case briefs and rebuttal briefs submitted comments to the Department at less than normal value during the until August 21, 2009, and September 4, regarding this data. period of review (‘‘POR’’), June 1, 2007, 2009, respectively. On August 21, 2009, Analysis of Comments Received through May 31, 2008. we received case briefs from Petitioner EFFECTIVE DATE: January 12, 2010. and Respondents. On September 3, All issues raised in the case and FOR FURTHER INFORMATION CONTACT: 2009, we extended the deadline for rebuttal briefs by parties to this review ‘‘ Bobby Wong, Susan Pulongbarit, or parties to submit rebuttal briefs until are addressed in the Silicon Metal from Jerry Huang, AD/CVD Operations, Office September 9, 2009. On September 10, the People’s Republic of China: Issues 9, Import Administration, International 2009, we received rebuttal briefs from and Decision Memorandum for the Trade Administration, U.S. Department Petitioner and Respondents. Final Results of 2007/2008 Administrative Review,’’ which is dated of Commerce, 14th Street and On October 29, 2009, the Department concurrently with this notice (‘‘I&D Constitution Avenue, NW, Washington, partially extended the deadline for the Memo’’). A list of the issues which DC 20230; telephone: (202) 482–0409, completion of the final results of this parties raised and to which we respond (202) 482–4031, or (202) 482–4047. review until November 6, 2009.3 On in the I&D Memo is attached to this SUPPLEMENTARY INFORMATION: December 1, 2009, the Department fully notice as an Appendix. The I&D Memo extended the deadline for the Background is a public document and is on file in completion of the final results of this the Central Records Unit (‘‘CRU’’), Main On July 30, 2008, the Department review until January 5, 2010.4 initiated an administrative review of Commerce Building, Room 1117, and is On November 10, 2009, the five producers/exporters of subject accessible on the Department’s website Department received letters from the merchandise from the PRC: Jiangxi at http://www.trade.gov/ia. The paper Embassy of the PRC and the Ministry of Gangyuan Silicon Industry Co., Ltd. copy and electronic version of the Commerce for the PRC (‘‘MOFCOM’’) (‘‘Jiangxi Gangyuan’’); Lao Silicon Co., memorandum are identical in content. (collectively, ‘‘PRC government letters’’), Ltd. (‘‘Lao Silicon’’); S. AU Trade Co., Changes Since the Preliminary Results and subsequently requested comments Ltd. (‘‘AU Trade’’); and Shanghai from interested parties regarding the Based on a review of the record as Jinneng International Trade Co., Ltd. letters and a related remand well as comments received from parties (‘‘Shanghai Jinneng’’) and its affiliated determination.5 On December 2, 2009, regarding our Preliminary Results, we producer, Datong Jinneng Industrial the Department received comments have made revisions to Jiangxi Silicon Co., Inc. (‘‘Datong Jinneng’’) from MOFCOM pursuant to the Gangyuan and Shanghai Jinneng’s (collectively, the ‘‘Jinneng Companies’’). Department’s request. On December 3, margin calculations for the final results. In the Preliminary Results the 2009, the Department received For all changes to Jiangxi Gangyuan and Department rescinded the review with comments from Petitioner and Shanghai Jinneng’s calculations, see I&D respect to Datong Jinneng and Lao Respondents pursuant to the Memo and the company specific Silicon in accordance with 19 CFR Department’s request. On December 5, analysis memorandums. 351.213(d)(3), because the Department 2009, the Department received a letter preliminary determined that neither Scope of the Order from the Chinese Minister of Commerce, company had made shipments of and subsequently requested comments Imports covered by this review are subject merchandise during the POR. from interested parties regarding the shipments of silicon metal containing at Also, in the Preliminary Results, the letter.6 On December 16, 2009, the least 96.00 but less than 99.99 percent Department preliminarily determined Department received comments from of silicon by weight. Also covered by that AU Trade will remain part of the Petitioner regarding the December 5, this review is silicon metal from the PRC–wide entity for the purposes of this 2009, letter. PRC containing between 89.00 and review because the Department received 96.00 percent silicon by weight but On December 22, 2009, the an untimely filing of AU Trade’s which contains a higher aluminum Department requested comments on Separate Rate Application (‘‘SRA’’). content than the silicon metal Indian import data from the World Thus, two companies remain subject to containing at least 96.00 percent but less Trade Atlas under Harmonized Tariff this review: Shanghai Jinneng and than 99.99 percent silicon by weight. Schedule 6305.330.00 ‘‘Sacks and Bags, Jiangxi Gangyuan. Silicon metal is currently provided for for Packing of Goods, of Polyethylene/ As noted above, on July 9, 2009, the under subheadings 2804.69.10 and Polypropylene Strips Nes.’’ from the Department published the Preliminary 2804.69.50 of the Harmonized Tariff 2 2005–2006 new shipper reviews of Results of this administrative review. Schedule (HTS) as a chemical product, On July 29, 2009, Globe Metallurgical but is commonly referred to as a metal. Inc. (‘‘Petitioner’’) submitted additional 3 See Silicon Metal From the People’s Republic of China: Notice of Extension of Time Limit for the Semiconductor–grade silicon (silicon surrogate value information. On July 29, metal containing by weight not less than 2009, the Jinneng Companies and Final Results of the 2007 - 2008 Administrative Review, 74 FR 55811 (October 29, 2009). 99.99 percent of silicon and provided ‘‘ ’’ Jiangxi Gangyuan ( Respondents ) 4 See Silicon Metal from the People’s Republic of for in subheading 2804.61.00 of the submitted additional surrogate value China: Notice of Second Extension of Time Limit for HTS) is not subject to this review. the Final Results of the 2007-2008 Administrative information. Although the HTS subheadings are On August 10, 2009, Petitioner Review, 74 FR 62745 (December 1, 2009). 5 provided for convenience and customs requested a hearing. On September 17, See Letter From the Department of Commerce, To All Interested Parties Regarding 2007/2008 purposes, the written description of the 2009, the Department held public and Administrative Review of Silicon Metal from the merchandise is dispositive. closed hearings to discuss the final People’s Republic of China, dated November 18, Final Partial Rescission results of the instant review. 2009. In response to requests by interested 6 See Letter From the Department of Commerce, To All Interested Parties Regarding 2007/2008 7 See Silicon Metal from the People’s Republic of parties, on August 18, 2009, we Administrative Review of Silicon Metal from the China: Notice of Final Results of 2005/2006 New People’s Republic of China, dated December 11, Shipper Reviews (‘‘New Shipper Reviews’’), 72 FR 2 See Preliminary Results. 2009. 58641 (October 16, 2007).

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In the Preliminary Results, the consideration the ability of the party to results of this review is above de Department preliminarily rescinded this submit the information in the requested minimis. review with respect to the following form and manner and may modify such Cash Deposit Requirements companies: Datong Jinneng and Lao requirements to the extent necessary to Silicon. Subsequent to the Preliminary avoid imposing an unreasonable burden The following cash deposit Results, no information was submitted on that party. requirements will be effective upon on the record indicating that the above For this final determination, in publication of these final results of this companies made sales to the United accordance with section 776(a)(2)(B) of administrative review for all shipments States of subject merchandise during the the Act and 782(e)(3) of the Act, we of the subject merchandise entered, or withdrawn from warehouse, for POR. Thus, in accordance with 19 CFR have determined that the use of facts consumption on or after the publication 351.213(d)(3), and consistent with our available is appropriate for Shanghai date, as provided for by section practice, we are rescinding this review Jinneng’s consumption of electricity. 751(a)(2)(C) of the Act: (1) For the with respect to the above–named The record evidence demonstrates that exporters listed above, the cash deposit companies for the period of June 1, Shanghai Jinneng consumed additional rate will be the rate established in these 2007, through May 31, 2008. electricity in the preparation of raw final results of review (except, if the rate materials and in finishing production, Separate Rates is zero or de minimis, i.e., less than 0.5 which was not previously reported as In our Preliminary Results, we treated percent, a zero cash deposit rate will be production electricity. Therefore, we Jiangxi Gangyuan and Datong Jinneng as required for that company); (2) for separate rate companies. We have not have adjusted the production electricity previously investigated or reviewed PRC ‘‘ ’’ received any information since the factor of production ( FOP ) to include and non–PRC exporters not listed above issuance of the Preliminary Results that electricity consumed in the raw material that have separate rates, the cash provides a basis for the reconsideration and finishing workshops. However, deposit rate will continue to be the of this treatment. Therefore, the since the workshops are used in the exporter–specific rate published for the Department continues to find that production of other non–subject most recent period; (3) for all PRC Jiangxi Gangyuan and Datong Jinneng merchandise, and that the company exporters of subject merchandise which meet the criteria for a separate rate. only began to report the electricity have not been found to be entitled to a In our Preliminary Results, we consumption in January of 2008, we separate rate, the cash deposit rate will determined that the Department have applied neutral facts available to be the PRC–wide rate of 139.49 percent; received an untimely filing of AU allocate the proper consumption in the and (4) for all non–PRC exporters of Trade’s SRA. The Department notes that production of subject silicon metal, and subject merchandise which have not AU Trade was considered as part of the to derive estimated electricity received their own rate, the cash deposit PRC–wide entity and did not receive its consumption for the first seven months rate will be the rate applicable to the own separate rate. We have not received of the POR. See I&D Memo at Comment PRC exporters that supplied that non– any information since the issuance of 13. PRC exporter. These deposit the Preliminary Results that provides a Final Results of Review requirements, when imposed, shall basis for the reconsideration of this remain in effect until publication of the determination. Therefore, the The weighted–average dumping final results of the next administrative Department continues to find that AU margins for the POR are as follows: review. Trade will remain part of the PRC–wide entity for the purposes of this review, as SILICON METAL FROM THE PRC Reimbursement of Duties the Department did not conduct a This notice also serves as a final review of its separate rate eligibility. Exporter Weighted–Average reminder to importers of their Margin (Percent) responsibility under 19 CFR 351.402(f) Facts Available Jiangxi Gangyuan ...... 50.02% to file a certificate regarding the Section 776(a)(2) of the Act provides Shanghai Jinneng ...... 23.16% reimbursement of antidumping duties that if an interested party: (A) withholds PRC–Wide Entity ...... 139.49% prior to liquidation of the relevant information that has been requested by entries during this POR. Failure to the Department; (B) fails to provide such Assessment comply with this requirement could information in a timely manner or in the result in the Department’s presumption form or manner requested, subject to Upon issuance of the final results, the that reimbursement of antidumping subsections 782(c)(1) and (e) of the Act; Department will determine, and CBP duties has occurred and the subsequent (C) significantly impedes a shall assess, antidumping duties on all assessment of doubled antidumping determination under the antidumping appropriate entries. The Department duties. statute; or (D) provides such information intends to issue assessment instructions but the information cannot be verified, to CBP 15 days after the date of Administrative Protective Orders the Department shall, subject to publication of the final results of This notice also serves as a reminder subsection 782(d) of the Act, use facts review. Pursuant to 19 CFR to parties subject to administrative otherwise available in reaching the 351.212(b)(1), we will calculate protective orders (‘‘APO’’) of their applicable determination. importer–specific (or customer) ad responsibility concerning the return or Section 782(c)(1) of the Act provides valorem duty assessment rates based on destruction of proprietary information that, if an interested party promptly the ratio of the total amount of the disclosed under APO in accordance notifies the Department that it is unable dumping margins calculated for the with 19 CFR 351.305, which continues to submit the information in the examined sales to the total entered to govern business proprietary requested form and manner, together value of those same sales. We will information in this segment of the with a full explanation and suggested instruct CBP to assess antidumping proceeding. Timely written notification alternative forms in which such party is duties on all appropriate entries covered of the return/destruction of APO able to submit the information, the by this review if any importer–specific materials or conversion to judicial Department shall take into assessment rate calculated in the final protective order is hereby requested.

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Failure to comply with the regulations receive a charter halibut permit under Pacific halibut in Areas 2C and 3A will and terms of an APO is a violation the Limited Access System for Guided be required to have on board the vessel which is subject to sanction. Sport Charter Vessels in Alaska. a valid original charter halibut permit We are issuing and publishing this Potential eligible applicants are notified with an angler endorsement equal to or administrative review and notice in of the one-time opportunity to apply for greater than the number of charter accordance with sections 751(a)(1) and a charter halibut permit for the 60–day anglers that are fishing for halibut. 777(i) of the Act. period from February 4, 2010, through All persons are hereby notified that Dated: January 5, 2010. April 5, 2010. Any applications received they must obtain an application on the Ronald K. Lorentzen, by NMFS after the ending date will be Internet or request a charter halibut considered untimely and will be denied. Deputy Assistant Secretary for Import application from NMFS (see Administration. DATES: An application for a charter ADDRESSES). The application period halibut permit will be accepted by for charter halibut permits begins at 8 Appendix I Decision Memorandum NMFS from 8 a.m. Alaska local time a.m. A.l.t. on February 4, 2010, and ends I. General Issues: (A.l.t.) on February 4, 2010, through 5 at 5 p.m. A.l.t. on April 5, 2010. Applicants with incomplete Comment 1: Treatment of VAT and p.m. A.l.t. on April 5, 2010. applications will be notified in writing Export Taxes ADDRESSES: Application forms are Comment 2: Selection of Appropriate available on the internet through the of the specific information necessary to Surrogate Value for Silica Fume Alaska Region website at http:// complete the application. Charter Comment 3: Selection of Appropriate alaskafisheries.noaa.gov/ram/ halibut permit applications submitted to Surrogate Value for Electricity default.htm or by contacting NMFS at NMFS (see ADDRESSES) after 5 p.m. Comment 4: Selection of Appropriate 1–800–304–4846 (option 2). An A.l.t. on April 5, 2010, will be Surrogate Value Financial Statements application form may be submitted by considered untimely and will be denied. Comment 5: Treatment of the Silica mail to NMFS, Alaska Region, Fume By–Product Offset Restricted Access Management, P.O. Authority: 16 U.S.C. 773 et seq. Comment 6: Selection of Appropriate Box 21668, Juneau, AK 99802, by Surrogate Value for Coal facsimile (907–586–7354), or by hand Dated: January 6, 2010. Comment 7: Selection of Appropriate delivery to NMFS, 709 West 9th Street, Emily H. Menashes, Surrogate Value for Truck Freight Room 713, Juneau, AK 99081. Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. Comment 8: Selection of Appropriate FOR FURTHER INFORMATION CONTACT: Surrogate Value for Oxygen Rachel Baker, 907-586-7228. [FR Doc. 2010–389 Filed 1–11–10; 8:45 am] Comment 9: Selection of Appropriate BILLING CODE 3510–22–S SUPPLEMENTARY INFORMATION: NMFS Surrogate Value for Polypropylene Bags Comment 10: Inclusion of Certain U.S. published a final rule implementing a Sales in Margin Calculations limited access system for charter vessels DEPARTMENT OF COMMERCE Comment 11: Freight Distances in the guided sport fishery for Pacific Reported by the Respondents halibut in waters of International Pacific National Institute of Standards and Halibut Commission Regulatory Areas Technology II. Shanghai Jinneng Issues 2C (Southeast Alaska) and 3A (Central Comment 12: Treatment and Valuation Gulf of Alaska) in the Federal Register Establishment of NIST Smart Grid of Graphite Powder on January 5, 2010 (75 FR 554). Under Advisory Committee and Solicitation of Comment 13: Datong Jinneng Reported this rule, NMFS will issue a charter Nominations for Members Electricity Usage halibut permit to the owner of a licensed charter fishing business based AGENCY: National Institute of Standards III. Jiangxi Gangyuan Issues on the business’s past participation in and Technology, Commerce. Comment 14: Jiangxi Gangyuan’s the charter halibut fishery. Section ACTION: Notice of establishment of the Production Quantity 300.67(h)(1) of the final rule requires NIST Smart Grid Advisory Committee Comment 15: Jiangxi Gangyuan’s By– NMFS to specify an application period and solicitation of nominations for Product Offset for charter halibut permits of no less members. [FR Doc. 2010–378 Filed 1–11–10; 8:45 am] than 60 days in the Federal Register, SUMMARY: Pursuant to the Federal BILLING CODE 3510–DS–S and to deny any applications received Advisory Committee Act, the National after the last day of the application Institute of Standards and Technology period. DEPARTMENT OF COMMERCE This notice specifies a 60–day (NIST) announces the establishment of application period of February 4, 2010, the NIST Smart Grid Advisory National Oceanic and Atmospheric Committee (Committee). The Committee Administration through April 5, 2010. An application period was referenced in the proposed will advise the Director of NIST in RIN 0648–AW92 rule published on April 21, 2009 (74 FR carrying out duties authorized by the 18178) and in the final rule published Energy Independence and Security Act Pacific Halibut Fisheries; Limited on January 5, 2010 (75 FR 554). This 60– of 2007. Access for Guided Sport Charter day application period is consistent DATES: Nominations for members of the Vessels in Alaska with the intent of the final rule to give initial NIST Smart Grid Advisory Committee must be received on or AGENCY: National Marine Fisheries adequate time for participants in the Service (NMFS), National Oceanic and charter halibut fisheries in Areas 2C and before February 11, 2010. NIST will Atmospheric Administration (NOAA), 3A to review the final rule and prepare continue to accept nominations on an Commerce. materials necessary for the application ongoing basis and will consider them as vacancies arise. ACTION: Notice of application period. procedure specified at 50 CFR 300.67(h)(3). Beginning on February 1, ADDRESSES: All nominations should be SUMMARY: NMFS will accept 2011, all vessels with charter anglers on submitted to George Arnold, National applications from persons applying to board that are catching and retaining Coordinator for Smart Grid

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Interoperability, National Institute of development organizations and tasks of the Committee. The Department Standards and Technology, 100 Bureau academia. of Commerce is committed to equal Drive, Mail Stop 2000, Gaithersburg, The Committee shall consist of not opportunity in the workplace and seeks MD 20899–2000 or via e-mail to fewer than 9 nor more than 15 members. a broad-based and diverse Committee [email protected]. The term of office of each member of the membership. Registered lobbyists may Committee shall be 3 years, except that FOR FURTHER INFORMATION CONTACT: not be members. vacancy appointments shall be for the George Arnold, National Coordinator for Date: January 7, 2010. remainder of the unexpired term of the Smart Grid Interoperability, Tel: (301) vacancy and that the initial members Marc G. Stanley, 975–2232, E-mail: [email protected]. shall have staggered terms such that the Acting Deputy Director. SUPPLEMENTARY INFORMATION: Committee will have approximately 1⁄3 [FR Doc. 2010–344 Filed 1–11–10; 8:45 am] I. Background and Authority new or reappointed members each year. BILLING CODE 3510–13–P Members who are not able to fulfill the The Smart Grid Advisory Committee duties and responsibilities of the (Committee), is established to advise the Committee will have their membership DEPARTMENT OF COMMERCE Director of the National Institute of terminated. Any person who has Foreign–Trade Zones Board Standards and Technology (NIST) in completed two consecutive full terms of carrying out duties authorized by service on the Committee shall be Order No. 1657 section 1305 of the Energy ineligible for appointment for a third Independence and Security Act of 2007 term during the one year period Grant of Authority for Subzone Status, (Pub. L. 110–140). The Committee is following the expiration of the second established in accordance with the Reynolds Packaging LLC (Aluminum term. Foil Liner Stock), Louisville, Kentucky provisions of the Federal Advisory The Director of NIST shall appoint the Committee Act (FACA), as amended, 5 Chairperson and Vice Chairperson from Pursuant to its authority under the U.S.C., App. The Committee will among the members of the Committee. Foreign–Trade Zones Act of June 18, 1934, as provide input to NIST on the Smart Grid The Chairperson and Vice Chairperson’s amended (19 U.S.C. 81a–81u), the Foreign– Standards, Priorities and Gaps; and tenure shall be at the discretion of the Trade Zones Board (the Board) adopts the provide input to NIST on the overall Director of NIST. The Vice Chairperson following Order: direction, status and health of the Smart shall perform the duties of the Whereas, the Foreign–Trade Zones Grid implementation by the Smart Grid Chairperson in his or her absence. In Act provides for ’’...the industry including identification of case a vacancy occurs in the position of establishment...of foreign–trade zones in issues and needs. The Committee’s the Chairperson or Vice Chairperson, ports of entry of the United States, to input to NIST will be used to help guide the NIST Director will select a member expedite and encourage foreign Smart Grid Interoperability Panel to fill such vacancy. commerce, and for other purposes,’’ and activities and also assist NIST in authorizes the Foreign–Trade Zones directing research and standards III. Compensation Board to grant to qualified corporations activities. Upon request of the Director Members of the Committee shall not the privilege of establishing foreign– of NIST, the Committee will prepare be compensated for their service, but trade zones in or adjacent to U.S. reports on issues affecting Smart Grid will, upon request, be allowed travel Customs and Border Protection ports of activities. and per diem expenses in accordance entry; with 5 U.S.C. 5701 et seq. while Whereas, the Board’s regulations (15 II. Structure attending meetings of the Committee or CFR Part 400) provide for the The Director of NIST shall appoint the subcommittees thereof, or while establishment of special–purpose members of the Committee, and they otherwise performing duties at the subzones when existing zone facilities will be selected on a clear, standardized request of the Chair, while away from cannot serve the specific use involved, basis, in accordance with applicable their homes or regular place of business. and when the activity results in a Department of Commence guidance. significant public benefit and is in the Members shall be selected on the basis IV. Nominations public interest; of established records of distinguished Nominations are sought from all fields Whereas, the Louisville and Jefferson service in their professional community involved in issues affecting the Smart County Riverport Authority, grantee of and their knowledge of issues affecting Grid. Nominees should have established Foreign–Trade Zone 29, has made Smart Grid deployment and operations. records of distinguished service. The application to the Board for authority to Members shall serve as Special field of expertise that the candidate establish a special–purpose subzone at Government Employees. Members serve represents he/she is qualified should be the aluminum foil liner stock at the discretion of the NIST Director. specified in the nomination letter. manufacturing and distribution facilities Members shall reflect the wide Nominations for a particular field of Reynolds Packaging LLC, located in diversity of technical disciplines and should come from organizations or Louisville, Kentucky (FTZ Docket 12– competencies involved in the Smart individuals within that field. A 2009, filed3–25–2009); Grid deployment and operations and summary of the candidate’s Whereas, notice inviting public will come from a cross section of qualifications should be included with comment has been given in the Federal organizations. Members may come from the nomination, including (where Register (74 FR 14956, 4–2–2009) and organizations such as electric utilities, applicable) current or former service on the application has been processed consumers, IT developers and Federal advisory boards and Federal pursuant to the FTZ Act and the Board’s integrators, smart grid equipment employment. In addition, each regulations; and, manufacturers/vendors, RTOs/ITOs, nomination letter should state that the Whereas, the Board adopts the electricity market operators, electric person agrees to the nomination, findings and recommendations of the transportation industry stake holders, acknowledges the responsibilities of examiner’s report, and finds that the standards development organizations, serving on the Committee, and will requirements of the FTZ Act and professional societies, research and actively participate in good faith in the Board’s regulations are satisfied, and

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that the proposal is in the public Accordingly, NMFS establishes the FOR FURTHER INFORMATION CONTACT: interest; harvest guideline at zero lobsters for the Frances Veith or Trisha Tran, AD/CVD Now, therefore, the Board hereby NWHI commercial lobster fishery for Operations, Office 8, Import grants authority for subzone status for calendar year 2010. Thus, no harvest of Administration, International Trade activity related to the manufacturing NWHI lobster resources is allowed. Administration, U.S. Department of and distribution of aluminum foil liner Furthermore, the NMFS Regional Commerce, 14th Street and Constitution stock and aluminum foil at the facilities Administrator determined that all 15 Avenue, NW, Washington, DC 20230; of Reynolds Packaging LLC, located in NWHI lobster limited entry permits held telephone: (202) 482–4295 or (202) 482– Louisville, Kentucky (Subzone 29J), as by vessel owners (i.e., permit holders) 4852, respectively. described in the application and are no longer valid. This action SUPPLEMENTARY INFORMATION: Federal Register notice, subject to the complies with the final rule governing FTZ Act and the Board’s regulations, compensation to Federal commercial Initiation including Section 400.28. bottomfish and lobster fishermen due to Signed at Washington, DC, this 30th fishery closures in the Monument (74 On June 5, 2009, the Department day of December 2009. FR 47119, September 15, 2009). During received an antidumping duty (‘‘AD’’) petition concerning imports of wire Ronald K. Lorentzen, December 2009 and January 2010, eligible NWHI lobster permit holders decking from the PRC filed in proper Deputy Assistant Secretary for Import form by AWP Industries, Inc., ITC Administration, Alternate Chairman, voluntarily accepted and received monetary payments, as authorized by Manufacturing, Inc., J&L Wire Cloth, Foreign–Trade Zones Board. Inc., and Nashville Wire Products Mfg. Attest: Congress under the Consolidated Appropriations Act of 2008 (P.L. 110– Co., Inc., (collectively, ‘‘Petitioners’’). Pierre V. Duy, 161). Thus, no fishing for NWHI lobster See the Petition for the Imposition of Acting Executive Secretary. resources is allowed. Antidumping and Countervailing Duties [FR Doc. 2010–376 Filed 1–11–10; 8:45 am] Pursuant to Sections 701 and 731 of the Authority: 16 U.S.C. 1801 et seq. BILLING CODE 3510–DS–S Tariff Act of 1930, as amended Dated: January 6, 2010. (‘‘Petition’’), filed on June 5, 2009. On Emily H. Menashes, June 22, 2009, Petitioners submitted a DEPARTMENT OF COMMERCE Acting Director, Office of Sustainable letter stating that another domestic Fisheries, National Marine Fisheries Service. producer of the like product, Wireway National Oceanic and Atmospheric [FR Doc. 2010–388 Filed 1–11–10; 8:45 am] Husky Corporation, had joined the Administration BILLING CODE 3510–22–S petition. RIN 0648–XT33 The Department initiated this investigation on June 25, 2009.1 In the Western Pacific Crustacean Fisheries; DEPARTMENT OF COMMERCE Initiation Notice, the Department 2010 Northwestern Hawaiian Islands notified parties of the application International Trade Administration Lobster Harvest Guideline process by which exporters and AGENCY: producers may obtain separate–rate National Marine Fisheries (A–570–949) Service (NMFS), National Oceanic and status in non–market economy (‘‘NME’’) Atmospheric Administration (NOAA), Wire Decking from the People’s investigations. The process requires Commerce. Republic of China: Notice of exporters and producers to submit a ACTION: Notification of lobster harvest Preliminary Determination of Sales at separate–rate status application 2 guideline. Less Than Fair Value and (‘‘SRA’’) and to demonstrate an absence Postponement of Final Determination of both de jure and de facto government SUMMARY: NMFS announces that the control over its export activities. The annual harvest guideline for the AGENCY: Import Administration, SRA for this investigation was posted on commercial lobster fishery in the International Trade Administration, the Department’s website http:// Northwestern Hawaiian Islands (NWHI) Department of Commerce. ia.ita.doc.gov/ia–highlights-and– for calendar year 2010 is established at EFFECTIVE DATE: January 12, 2010. news.html on July 2, 2009. The due date zero lobsters. SUMMARY: The Department of Commerce for filing an SRA was August 31, 2009. FOR FURTHER INFORMATION CONTACT: Bob (‘‘Department’’) preliminarily determines On July 31, 2009, the International Harman, NMFS Pacific Islands Region, that wire decking from the People’s Trade Commission (‘‘ITC’’) determined 808–944–2271. Republic of China (‘‘PRC’’) is being, or is that there is a reasonable indication that SUPPLEMENTARY INFORMATION: The NWHI likely to be, sold in the United States at an industry in the United States is commercial lobster fishery is managed less than fair value (‘‘LTFV’’), as materially injured or threatened with under the Fishery Management Plan for provided in section 733 of the Tariff Act material injury by reason of imports of Crustacean Fisheries of the Western of 1930, as amended (‘‘the Act’’). The wire decking from the PRC.3 Pacific Region. The regulations at 50 estimated margins of sales at LTFV are CFR 665.50(b)(2) require NMFS to shown in the ‘‘Preliminary 1 See Wire Decking from the People’s Republic of publish an annual harvest guideline for Determination’’ section of this notice. China: Initiation of Antidumping Duty lobster Permit Area 1, comprised of Pursuant to requests from interested Investigation, 74 FR 31691 (July 2, 2009) (‘‘Initiation ’’ Federal waters around the NWHI. parties, we are postponing the final Notice ). 2 See Policy Bulletin 05.1: Separate-Rates Practice Regulations governing the determination and extending the and Application of Combination Rates in Papahanaumokuakea Marine National provisional measures from a four– Antidumping Investigations involving Non-Market Monument in the NWHI prohibit the month period to not more than six Economy Countries (April 5, 2005) (‘‘Policy Bulletin unpermitted removal of monument months. Accordingly, we will make our 05.1’’), available at http://ia.ita.doc.gov/policy/ bull05-1.pdf. resources (50 CFR 404.7), and establish final determination not later than 135 3 See Investigation Nos. 701-TA-466 and 731-TA- a zero annual harvest guideline for days after publication of the preliminary 116 (Preliminary): Wire Decking from China, 74 FR lobsters (50 CFR 404.10(a)). determination. 38229 (July 31, 2009).

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Period of Investigation downward curved edge profile 771(18)(C)(i) of the Act, the NME status The period of investigation (‘‘POI’’) is (‘‘waterfalls’’), depending on the rack remains in effect until revoked by the October 1, 2008, through March 31, storage system. The wire decking may or Department. The Department has not 2009. This period corresponds to the may not be anchored to the rack storage revoked the PRC’s status as an NME two most recent fiscal quarters prior to system. The scope does not cover the country, and we have therefore treated the month of the filing of the petition, metal rack storage system, comprised of the PRC as an NME in this preliminary which was June 2009. See 19 CFR metal uprights and cross beams, on determination and applied our NME 351.204(b)(1). which the wire decking is ultimately methodology. installed. Also excluded from the scope Selection of Respondents Postponement of Preliminary is wire mesh shelving that is not Determination reinforced with structural supports and In accordance with section 777A(c)(2) On October 15, 2009, petitioners is designed for use without structural of the Act, the Department selected the made a timely request pursuant to supports. two largest exporters of wire decking section 733(c)(1)(A) of the Act and 19 Wire decking enters the United States (i.e., Dalian Huameilong Metal Products CFR 351.205(b)(2) and (e) for a 50–day through several basket categories in the Co., Ltd. (‘‘DHMP’’) and Dalian postponement of the preliminary Harmonized Tariff Schedule of the Eastfound Metal Products Co., Ltd. determination. On October 27, 2009, the United States (‘‘HTSUS’’). U.S. Customs (‘‘Eastfound Metal’’) and its affiliate Department published a postponement and Border Protection has issued a Dalian Eastfound Material Handling of the preliminary antidumping duty ruling (NY F84777) that wire decking is Products Co., Ltd. (‘‘Eastfound determination on wire decking from the to be classified under HTSUS Material’’) (collectively, ‘‘Eastfound’’) by PRC.4 9403.90.8040. Wire decking has also volume as the mandatory respondents been entered under HTSUS 7217.10, in this investigation based on the Scope of the Investigation 7217.20, 7326.20, 7326.90, 9403.20.0020 quantity and value (‘‘Q&V’’) information The scope of the investigation covers and 9403.20.0030. While HTSUS from exporters/producers that were welded–wire rack decking, which is subheadings are provided for identified in the Petition, of which eight also known as, among other things, convenience and Customs purposes, the firms filed timely Q&V questionnaire ‘‘pallet rack decking,’’ ‘‘wire rack written description of the scope of the responses.8 Of the eight Q&V decking,’’ ‘‘wire mesh decking,’’ ‘‘bulk investigations is dispositive. questionnaire responses, two companies storage shelving,’’ or ‘‘welded–wire (i.e. Eastfound Material and Eastfound Scope Comments decking.’’ Wire decking consists of wire Metal) filed a consolidated Q&V mesh that is reinforced with structural As discussed in the preamble to the questionnaire response. supports and designed to be load regulations, we set aside a period for The Department issued its bearing. The structural supports include interested parties to raise issues antidumping questionnaire to DHMP sheet metal support channels, or other regarding product coverage. See and Eastfound on August 31, 2009. In its structural supports, that reinforce the Antidumping Duties; Countervailing questionnaire, the Department requested wire mesh and that are welded or Duties; Final Rule, 62 FR 27296, 27323 that the respondents provide a response otherwise affixed to the wire mesh, (May 19, 1997). The Department to section A of the Department’s regardless of whether the wire mesh and encouraged all interested parties to questionnaire on September 21, 2009, supports are assembled or unassembled submit such comments within 20 and to sections C and D of the and whether shipped as a kit or calendar days of signature of the questionnaire on October 7, 2009. On packaged separately. Wire decking is Initiation Notice. See Initiation Notice, September 16, 2009, and September 18, produced from carbon or alloy steel 74 FR at 31692. The Department did not 2009, the Department granted DHMP’s wire that has been welded into a mesh receive scope comments from any and Eastfound’s requests, respectively, pattern. The wire may be galvanized or interested party. to extend the deadline to submit Sections A, C, and D. As such, Section plated (e.g., chrome, zinc or nickel Non–Market Economy Country coated), coated (e.g., with paint, epoxy, A was timely submitted on September or plastic), or uncoated (‘‘raw’’). The For purposes of initiation, Petitioners 28, 2009, by both parties. DHMP timely wire may be drawn or rolled and may submitted an LTFV analysis for the PRC submitted its Sections C and D have a round, square or other profile. as an NME.5 The Department’s most Response on October 16, 2009. On Wire decking is sold in a variety of wire recent examination of the PRC’s market October 16, 2009, the Department gauges. The wire diameters used in the status determined that NME status granted Eastfound an extension to decking mesh are 0.105 inches or greater should continue for the PRC.6 submit its Sections C and D for round wire. For wire other than Additionally, in two recent round wire, the distance between any investigations, the Department also (‘‘Kitchen Racks Prelim’’) unchanged in Certain two points on a cross–section of the determined that the PRC is an NME Kitchen Appliance Shelving and Racks From the 7 People’s Republic of China: Final Determination of wire is 0.105 inches or greater. Wire country. In accordance with section Sales at Less Than Fair Value, 74 FR 36656 (July decking reinforced with structural 24, 2009) (‘‘Kitchen Racks Final’’) and Certain Tow supports is designed generally for 5 Initiation Notice, 72 FR at 31693-94. Behind Lawn Groomers and Certain Parts Thereof 6 See the Department’s memorandum entitled, from the People’s Republic of China: Preliminary industrial and other commercial storage ‘‘Antidumping Duty Investigation of Certain Lined Determination of Sales at Less Than Fair Value and rack systems. Paper Products from the People’s Republic of China Postponement of Final Determination, 74 FR 4929 Wire decking is produced to various (‘‘China’’) - China’s status as a non-market economy (January 28, 2009) unchanged in Certain Tow profiles, including, but not limited to, a (‘‘NME’’),’’ dated August 30, 2006. This document is Behind Lawn Groomers and Certain Parts Thereof flat (‘‘flush’’) profile, an upward curved available online at: http:// ia.ita.doc.gov/download/ from the People’s Republic of China: Final prc-nmestatus/ prc-lined-paper-memo- Determination of Sales at Less Than Fair Value, 74 back edge profile (‘‘backstop’’) or 08302006.pdf. FR 29167 (June 19, 2009). 7 See, e.g., Certain Kitchen Appliance Shelving 8 See the Department’s memorandum entitled, 4 See Wire Decking from the People’s Republic of and Racks From the People’s Republic of China: ‘‘Antidumping Duty Investigation of Wire Decking China: Postponement of Preliminary Preliminary Determination of Sales at Less Than from the People’s Republic of China: Selection of Determinations of Antidumping Duty Fair Value and Postponement of Final Respondents,’’ dated August 19, 2009 (‘‘Respondent Investigations, 74 FR 55211 (October 27, 2009). Determination, 74 FR 9591 ( March 5, 2009) Selection Memo’’).

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questionnaire. Eastfound timely {Office of Policy} determines per capita export data from the World Trade Atlas submitted its Sections C and D economic comparability on the basis of (‘‘WTA’’) for the HTS headings. The Response on October 23, 2009. The per capita gross national income, as merchandise subject to the scope of the Department issued several supplemental reported in the most current annual order is currently classifiable under questionnaires to both DHMP and issue of the World Development Report subheading HTSUS 9403.90.8040. Wire Eastfound between October and (The World Bank).’’ On September 15, decking has also been entered under December 2009. Both respondents 2009, the Department identified six HTSUS 7217.10, 7217.20, 7326.20, responded timely to those supplemental countries as being at a level of economic 7326.90, 9403.20.0020, and questionnaires. development comparable to the PRC for 9403.20.0030.13 The Department found the specified POR: India, the that, of the countries provided in the Postponement of Final Determination Philippines, Indonesia, Colombia, Surrogate Country List, using the six– and Extension of Provisional Measures Thailand, and Peru.10 The Department digit level of the HTS numbers listed in Pursuant to section 735(a)(2) of the considers the six countries identified in the scope language for this investigation Act, between December 31, 2009, and the Surrogate Countries Memo as (the best data available to the January 4, 2010, Eastfound, DHMP, and ‘‘equally comparable in terms of Department for this purpose), all six Petitioners requested that in the event of economic development.’’ See Policy countries were exporters of comparable an affirmative preliminary Bulletin 04.1 at 2. Thus, we find that merchandise. Thus, all countries on the determination in this investigation, the India, the Philippines, Indonesia, Surrogate Country List are considered as Department postpone the final Colombia, Thailand, and Peru are all at appropriate surrogates because each determination by 60 days. Eastfound, an economic level of development exported comparable merchandise. DHMP, and Petitioners also each equally comparable to that of the PRC. Policy Bulletin 04.1 also provides requested that the Department extend On September 30, 2009, the some guidance on identifying the application of the provisional Department invited all interested parties significant producers of comparable measures prescribed under 19 CFR to submit comments on the surrogate merchandise and selecting a producer of 351.210(e)(2) from a four–month period country selection.11 The Department did comparable merchandise. Further to a six–month period. In accordance not receive any comments regarding the analysis was required to determine with section 733(d) of the Act and 19 Department’s selection of a surrogate whether any of the countries which CFR 351.210(b), because (1) our country for the preliminary produce comparable merchandise are preliminary determination is determination. significant’ producers of that affirmative, (2) the requesting exporters Policy Bulletin 04.1 provides some comparable merchandise. The HTS data account for a significant proportion of guidance on identifying comparable is reported in either kilograms or pieces, exports of the subject merchandise, and merchandise and selecting a producer of depending upon the HTS category and (3) no compelling reasons for denial comparable merchandise. As noted in country. The data we obtained shows exist, we are granting the requests and the Policy Bulletin, comparable that, during the POI, worldwide exports are postponing the final determination merchandise is not defined in the from these countries under the relevant until no later than 135 days after the statute or the regulations, since it is best HTS categories were as follows: (1) publication of this notice in the Federal determined on a case–by-case basis. See 355,679 kilograms (HTS 7217.10, Register. Suspension of liquidation will Policy Bulletin 04.1 at 2. As further 7217.20) and 11,080,755 pieces (HTS be extended accordingly. noted in Policy Bulletin 04.1, in all 9403.90, 9403.20, 7326.20, 7326.90) cases, if identical merchandise is from Colombia; (2) 37,994,423 kilograms Surrogate Country produced, the country qualifies as a from Indonesia; (3) 5,385,873 kilograms When the Department is investigating producer of comparable merchandise. from Philippines; (4) 89,367,977 imports from an NME, section 773(c)(1) Id. kilograms from Thailand; (5) 1,065,699 of the Act directs it to base normal The Department examined worldwide kilograms (HTS 7217.10, 7217.20) and value, in most circumstances, on the export data for comparable 618,727 pieces (HTS 9403.90, 9403.20, NME producer’s factors of production merchandise, using the six–digit level of 7326.20, 7326.90) from Peru; and (6) (‘‘FOPs’’) valued in a surrogate market– the HTS numbers listed in the scope 53,185,837 kilograms from India. We economy country or countries language for this investigation.12 find that these exports are sufficient to considered to be appropriate by the Specifically, we reviewed the POI establish that all of the potential Department. In accordance with section surrogate countries are significant 773(c)(4) of the Act, in valuing the 2004), (‘‘Policy Bulletin 04.1’’) at Attachment II of producers of comparable merchandise. the Department’s Surrogate Country Letter, also FOPs, the Department shall utilize, to available at http://ia.ita.doc.gov/policy/bull04- Thus, all countries on the Surrogate the extent possible, the prices or costs 1.html. Country List are considered as of FOPs in one or more market– 10 See the Department’s Memorandum from Kelly appropriate surrogates because each economy countries that are at a level of Parkhill, Acting Director, Office of Policy, to Wendy exported significant comparable economic development comparable to Frankel, Office Director, AD/CVD Operations, merchandise. Finally, we have reliable Office 8, regarding, ‘‘Request for a List of Surrogate that of the NME country and are Countries for an Antidumping Duty Investigation of data from India on the record that we significant producers of comparable Wire Decking from the People’s Republic of China can use to value the FOPs. Petitioners, merchandise. The sources of the (‘‘PRC’’),’’ dated September 15, 2009 (‘‘Surrogate DHMP, and Eastfound submitted surrogate values we have used in this Countries Memo’’). surrogate values using Indian sources, 11 See the Department’s letter regarding, investigation are discussed under the ‘‘Antidumping Duty Investigation of Wire Decking suggesting greater availability of ‘‘Normal Value’’ section below. from the People’s Republic of China ’’ requesting all appropriate surrogate value data in The Department’s practice with interested parties to provide comments on India. respect to determining economic surrogate-country selection and provide surrogate The Department is preliminarily FOP values from the potential surrogate countries selecting India as the surrogate country comparability is explained in Policy (i.e., India, Indonesia, the Philippines, Thailand, 9 Bulletin 04.1, which states that ‘‘OP Colombia, and Peru), dated September 30, 2009. on the basis that: (1) it is at a similar 12 Because the Department was unable to find 9 See Policy Bulletin 04.1: Non-Market Economy production data, we relied on export data as a 13 See Harmonized Tariff Schedule of the United Surrogate Country Selection Process, (March 1, substitute for overall production data in this case. States (2007) (Rev. 2), available at www.usitc.gov.

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level of economic development addition, based on the evidence and producers may obtain separate–rate pursuant to section 773(c)(4) of the Act; presented in Eastfound’s questionnaire status in NME investigations. See (2) it is a significant producer of responses, we preliminarily find that Initiation Notice, 74 FR at 31695. The comparable merchandise; and (3) we Eastfound Metal and Eastfound Material process requires exporters and have reliable data from India that we should be collapsed for the purposes of producers to submit an SRA. See also can use to value the FOPs. Thus, we this investigation. This finding is based Policy Bulletin 05.1.17 The standard for have calculated normal value (‘‘NV’’) on the determination that Eastfound eligibility for a separate rate is whether using Indian prices when available and Metal and Eastfound Material are a firm can demonstrate an absence of appropriate to the respondents’ FOPs. affiliated, that Eastfound Metal and both de jure and de facto government See Surrogate Value Memorandum.14 In Eastfound Material Handling are both control over its export activities. In this accordance with 19 CFR producers of identical products and no instant investigation, the Department 351.301(c)(3)(i), for the final retooling would be necessary in order to received timely–filed SRA’s from seven determination in an antidumping restructure manufacturing priorities, companies.18 The two mandatory investigation, interested parties may and that there is significant potential for respondents (i.e., Eastfound Metal and submit publicly available information to manipulation of price or production Eastfound Material (collectively value the FOPs within 40 days after the between the parties. See 19 C.F.R. Sec. Eastfound) and DHMP) and the four date of publication of the preliminary 351.401(f)(1) and (2). For further separate–rate respondents provided determination.15 discussion, see the Department’s company–specific information and each19 stated that it meets the criteria Surrogate Value Comments Memorandum regarding, ‘‘Antidumping Duty Investigation of Wire Decking from for the assignment of a separate rate. Surrogate factor valuation comments the People’s Republic of China: In proceedings involving NME and surrogate value information with Affiliation and Collapsing of Dalian countries, the Department has a which to value the FOPs in this Eastfound Metal Products Co., Ltd. and rebuttable presumption that all proceeding were filed on November 13, Dalian Eastfound Material Handling companies within the country are 2009, by DHMP and Petitioners. On Products Co., Ltd.,’’ dated concurrently subject to government control and thus November 18, 2009, DHMP and with this notice. should be assessed a single antidumping Eastfound filed rebuttal surrogate factor In response to allegations raised by duty rate. It is the Department’s policy valuation comments. On November 23, Petitioners,16 we reviewed Eastfound’s to assign all exporters of merchandise 2009, Eastfound filed additional relationship with its U.S. customer and subject to investigation in an NME surrogate valuation comments. On we preliminarily find that Eastfound country this single rate unless an November 24, 2009, Petitioners filed and its U.S. customer were not affiliated exporter can demonstrate that it is additional comments on appropriate during the POI under the meaning of sufficiently independent so as to be surrogate values for factors of section 771(33) of the Act. Specifically, entitled to a separate rate. Exporters can production reported by Eastfound and based on Eastfound’s questionnaire demonstrate this independence through DHMP. For a detailed discussion of the responses identifying its ownership the absence of both de jure and de facto surrogate values used in this LTFV structure, we preliminarily find that governmental control over export proceeding, see the ‘‘Factor Valuation’’ Eastfound is not affiliated with its U.S. activities. The Department analyzes section below and the Surrogate Value customer within the meaning of sections each entity exporting the subject Memorandum. 771(33)(B) and (E) of the Act. In merchandise under a test arising from Affiliation addition, we preliminarily find that Final Determination of Sales at Less Eastfound is not affiliated with its U.S. Than Fair Value: Sparklers from the Based on the evidence presented in People’s Republic of China, 56 FR 20588 Eastfound’s questionnaire responses, we customer within the meaning of sections 771(33)(F) and (G) of the Act, because in preliminarily find that Eastfound Metal 17 its response, Eastfound presented Policy Bulletin 05.1 states: ‘‘while continuing is affiliated with Eastfound Material, the practice of assigning separate rates only to which also produces subject evidence that the distributor agreement exporters, all separate rates that the Department merchandise, pursuant to sections between Eastfound and its U.S. will now assign in its NME investigations will be customer does not offer either party specific to those producers that supplied the 771(33)(E) and (G) of the Act. In exporter during the period of investigation. Note, control over the other party to the however, that one rate is calculated for the exporter 14 See the Department’s memorandum to the file agreement. Accordingly, we have used and all of the producers which supplied subject entitled, ‘‘Antidumping Investigation of Wire Eastfound’s reported export price (‘‘EP’’) merchandise to it during the period of investigation. Decking from the People’s Republic of China: Factor sales to the United States for the This practice applied both to mandatory Valuations for the Preliminary Determination,’’ preliminary determination. However, respondents receiving an individually calculated dated concurrently with this notice (‘‘Surrogate separate rate as well as the pool of non-investigated Value Memorandum’’). we intend to issue additional questions firms receiving the weighted-average of the 15 In accordance with 19 CFR 351.301(c)(1), for to Eastfound following the publication individually calculated rates. This practice is ≥ ≥ the final determination of this investigation, of the preliminary determination with referred to as the application of combination rates because such rates apply to specific combinations interested parties may submit factual information to respect to this affiliation issue. rebut, clarify, or correct factual information of exporters and one or more producers. The cash- submitted by an interested party less than ten days Separate Rates deposit rate assigned to an exporter will apply only before, on, or after, the applicable deadline for to merchandise both exported by the firm in submission of such factual information. However, In the Initiation Notice, the question and produced by a firm that supplied the the Department notes that 19 CFR 351.301(c)(1) Department notified parties of the exporter during the period of investigation.’’ See permits new information only insofar as it rebuts, Policy Bulletin 05.1 at 6. application process by which exporters 18 clarifies, or corrects information recently placed on The seven separate-rate applicants are: (1) the record. The Department generally will not Eastfound Material; (2) Eastfound Metal; (3) DHMP; accept the submission of additional, previously 16 See Letter from Kelley Drye & Warren LLP, (4) Dandong Riqian Logistics Equipment Co. Ltd. absent-from-the-record alternative surrogate value regarding ‘‘Wire Decking from the People’s Republic (‘‘Riqian’’); (5) Globsea Co., Ltd. (‘‘Globsea’’); (6) information pursuant to 19 CFR 351.301(c)(1). See of China - Eastfound Is Affiliated with Its Exclusive Ningbo Xinguang Rack Co., Ltd. (‘‘Ningbo Glycine from the People’s Republic of China: Final North American Importer and Distributor,’’ dated Xinguang’’); and (7) Dalian Xingbo Metal Products Results of Antidumping Duty Administrative December 18, 2009, where they allege that Co. Ltd. (‘‘Dalian Xingbo’’). Review and Final Rescission, in Part, 72 FR 58809 Eastfound and its U.S. Customer are affiliated 19 The non-selected respondents are as follows: (October 17, 2007), and accompanying Issues and pursuant to sections 771(33)(B), (E), (F), and (G) of Riqian, Globsea, Ningbo Xinguang, and Dalian Decision Memorandum at Comment 2. the Act. Xingbo.

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(May 6, 1991) (‘‘Sparklers’’), as further respondent is subject to de facto Companies Not Receiving a Separate developed in Final Determination of government control of its export Rate Sales at Less Than Fair Value: Silicon functions: (1) whether the export prices Carbide from the People’s Republic of are set by or are subject to the approval We preliminarily determine that China, 59 FR 22585 (May 2, 1994) of a government agency; (2) whether the Dalian Xingbo does not qualify for a (‘‘Silicon Carbide ’’). However, if the respondent has authority to negotiate separate rate because Dalian Xingbo did Department determines that a company and sign contracts and other not export wire decking to the United is wholly foreign–owned or located in a agreements; (3) whether the respondent States during the POI. Dalian Xingbo market economy, then a separate–rate has autonomy from the government in stated that the invoice it provided in its analysis is not necessary to determine making decisions regarding the SRA, which is dated within the POI, for whether it is independent from selection of management; and (4) its first sale to an unaffiliated customer government control. In this whether the respondent retains the in the United States, is not its investigation, one company, Eastfound proceeds of its export sales and makes commercial invoice. See Dalian Material has provided company– independent decisions regarding Xingbo’s SRA dated August 21, 2009, at specific information that indicates it is disposition of profits or financing of Exhibit 1. The commercial invoice a wholly–foreign owned entity. losses. See Silicon Carbide, 59 FR at provided by Dalian Xingbo is dated Therefore, a separate rate–analysis is not 22586–87; see also Notice of Final outside the POI. See Dalian Xingbo’s necessary to determine whether it is Determination of Sales at Less Than Supplemental SRA questionnaire dated independent from government control. Fair Value: Furfuryl Alcohol From the September 21, 2009, at Exhibit 1. The other remaining companies have People’s Republic of China, 60 FR Furthermore, evidence on the record all stated that they are either joint 22544, 22545 (May 8, 1995). The (U.S. Customs and Border Protection ventures between PRC and foreign Department has determined that an (‘‘CBP’’) entry summary form 7501) companies, or are wholly PRC–owned analysis of de facto control is critical in indicates that Dalian Xingbo exported companies. Thus, the Department must determining whether respondents are, the above goods from the PRC to the analyze whether Eastfound Metal, in fact, subject to a degree of United States prior to the POI. See DHMP, Riqian, Globsea, Ningbo government control which would Dalian Xingbo’s SRA dated August 21, Xinguang, and Dalian Xingbo can preclude the Department from assigning 2009, at Exhibit 1. Nevertheless, Dalian demonstrate the absence of both de jure separate rates. Xingbo asserts that because the and de facto government control over In this investigation, Eastfound Metal, shipment entered the United States their export activities. DHMP, Riqian, Globsea, Ningbo during the POI, this shipment represents Dalian Xingbo’s first sale to an a. Absence of De Jure Control Xinguang, and Dalian Xingbo each unaffiliated customer in the United The Department considers the asserted the following: (1) that the export prices are not set by, and are not States during the POI. See Dalian following de jure criteria in determining Xingbo’s Supplemental SRA whether an individual company may be subject to, the approval of a governmental agency; (2) they have questionnaire dated September 21, granted a separate rate: (1) an absence of 2009, at 7/16. restrictive stipulations associated with authority to negotiate and sign contracts In the introductory paragraph of the an individual exporter’s business and and other agreements; (3) they have Department’s SRA, we state that the export licenses; (2) any legislative autonomy from the government in Department will limit its consideration enactments decentralizing control of making decisions regarding the of SRAs in the wire decking companies; and (3) other formal selection of management; and (4) they investigation to firms that either measures by the government retain the proceeds of their export sales exported or sold wire decking to the decentralizing control of companies. See and make independent decisions United States during the POI. Though Sparklers, 56 FR at 20589. regarding disposition of profits or Dalian Xingbo argues that the entry date The evidence provided by Eastfound financing of losses. Additionally, each into the United States of its wire Metal, DHMP, Riqian, Globsea, Ningbo of these companies’ SRA responses decking establishes that it either Xinguang, and Dalian Xingbo supports a indicate that its pricing during the POI exported or sold wire decking to the preliminary finding of de jure absence does not involve coordination among United States during the POI, the of government control based on the exporters. See each company’s SRA Department normally considers the following: (1) an absence of restrictive submissions dated August 21, 2009, shipment date as establishing when a stipulations associated with the through August 31, 2009. However, product is exported, and the Department individual exporter’s business and evidence placed on the record by Dalian normally considers the date of invoice export licenses; (2) applicable legislative Xingbo indicates that it did not export as establishing the date of sale, unless enactments that decentralize control of wire decking to the United States during record evidence demonstrates the companies; and (3) formal measures the POI. See the ‘‘Companies Not otherwise. The documentation provided by the government decentralizing Receiving a Separate Rate’’ section by Dalian Xingbo (i.e., CBP entry control of companies. See each below for further details. summary form 7501 and commercial company’s SRA submission, dated Evidence placed on the record of this invoice) indicate that the goods were August 21, 2009, through August 31, investigation by Eastfound Material, both sold and exported to the United 2009, where each separate–rate Eastfound Metal, DHMP, Riqian, States prior to the POI. Thus, we respondent stated that it had no Globsea, and Ningbo Xinguang preliminarily determine that Dalian relationship with any level of the PRC demonstrate an absence of de jure and Xingbo does not qualify for a separate government with respect to ownership, de facto government control with rate in this investigation. internal management, and business respect to their respective exports of the operations. merchandise under investigation, in In addition, though we received a accordance with the criteria identified Q&V response from Brynick Enterprises b. Absence of De Facto Control in Sparklers and Silicon Carbide. Limited and Shanghai Hesheng Typically, the Department considers Therefore, we are preliminary granting a Hardware Products Co., neither four factors in evaluating whether each separate rate to these entities. company submitted a separate rate

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application, and therefore will be section 776(a)(2)(A) of the Act, we find entity a rate of 289.00 percent, the treated as part of the PRC–wide entity. that the use of facts available (‘‘FA’’) is highest calculated rate from the petition. appropriate to determine the PRC–wide The Department preliminarily Application of Facts Otherwise rate. See Preliminary Determination of determines that this information is the Available and Total Adverse Facts Sales at Less Than Fair Value, most appropriate from the available Available Affirmative Preliminary Determination sources to effectuate the purposes of The PRC–Wide Entity and PRC–Wide of Critical Circumstances and AFA. The Department’s reliance on the Rate Postponement of Final Determination: petition rate to determine an AFA rate The Department has data that indicate Certain Frozen Fish Fillets from the is subject to the requirement to there were more exporters of wire Socialist Republic of Vietnam, 68 FR corroborate secondary information, decking from the PRC than those 4986 (January 31, 2003), unchanged in discussed in the Corroboration section indicated in the response to our request Final Determination of Sales at Less below. Than Fair Value and Affirmative for Q&V information during the POI. See Corroboration the Department’s memorandum Critical Circumstances: Certain Frozen regarding, ‘‘Antidumping Duty Fish Fillets from the Socialist Republic of Vietnam, 68 FR 37116 (June 23, Section 776(c) of the Act provides Investigation of Wire Decking from the that, when the Department relies on People’s Republic of China: Delivery of 2003). Section 776(b) of the Act provides secondary information rather than on Quantity and Value Questionnaire and that, in selecting from among the facts information obtained in the course of an Separate Rate Application to Exporters/ otherwise available, the Department investigation as FA, it must, to the Producers,’’ dated September 2, 2009 may employ an adverse inference if an extent practicable, corroborate that (‘‘Q&V Delivery Memo’’). We issued our interested party fails to cooperate by not information from independent sources request for Q&V information to 83 acting to the best of its ability to comply reasonably at its disposal. Secondary potential Chinese exporters of the with requests for information. See information is described in the SAA as subject merchandise, in addition to Statement of Administrative Action, ‘‘information derived from the petition posting the Q&V questionnaire on the accompanying the Uruguay Round that gave rise to the investigation or Department’s website. See Q&V Delivery Agreements Act (‘‘URAA’’), H.R. Rep. review, the final determination Memo. While information on the record No. 103–316, 870 (1994) (‘‘SAA’’); see concerning subject merchandise, or any of this investigation indicates that there also Notice of Final Determination of previous review under section 751 are numerous producers/exporters of Sales at Less Than Fair Value: Certain concerning the subject merchandise.’’20 wire decking in the PRC, we received Cold–Rolled Flat–Rolled Carbon– The SAA explains that to ‘‘corroborate’’ only nine timely filed Q&V responses. Quality Steel Products from the Russian means simply that the Department will Although all exporters were given an Federation, 65 FR 5510, 5518 (February satisfy itself that the secondary opportunity to provide Q&V 4, 2000). We find that, because the PRC– information to be used has probative information, not all exporters provided wide entity did not respond to our value. Id. The SAA also explains that a response to the Department’s Q&V requests for information, it has failed to independent sources used to corroborate letter. Therefore, the Department has cooperate to the best of its ability. may include, for example, published preliminarily determined that there Therefore, the Department preliminarily price lists, official import statistics and were exporters/producers of the subject finds that, in selecting from among the CBP data, and information obtained merchandise during the POI from the facts available, an adverse inference is from interested parties during the PRC that did not respond to the appropriate. particular investigation. Id. To Department’s request for information. When employing an adverse corroborate secondary information, the We have treated these PRC producers/ inference, section 776 indicates that the Department will, to the extent exporters as part of the PRC–wide entity Department may rely upon information practicable, examine the reliability and because they did not apply for a derived from the petition, the final relevance of the information used.21 separate rate. See, e.g., Kitchen Racks determination from the LTFV Prelim, unchanged in Kitchen Racks investigation, a previous administrative The AFA rate that the Department Final. review, or any other information placed used is derived from information in the Section 776(a)(2) of the Act provides on the record. In selecting a rate for Petition and from the Antidumping that, if an interested party (A) withholds adverse facts available (‘‘AFA’’), the Duty Investigation Initiation Checklist: information that has been requested by Department selects a rate that is Wire Decking from the PRC (‘‘Initiation the Department, (B) fails to provide such sufficiently adverse to ensure that the Checklist’’).22 Petitioners’ methodology information in a timely manner or in the uncooperative party does not obtain a for calculating the EP and NV in the form or manner requested, subject to more favorable result by failing to petition, and modified by the subsections 782(c)(1) and (e) of the Act, cooperate than if it had fully (C) significantly impedes a proceeding cooperated. It is the Department’s 20 See SAA at 870. under the antidumping statute, or (D) practice to select, as AFA, the higher of 21 See Tapered Roller Bearings and Parts Thereof, provides such information but the the (a) highest margin alleged in the Finished and Unfinished, from Japan, and Tapered Roller Bearings, Four Inches or Less in Outside information cannot be verified, the petition, or (b) the highest calculated Diameter, and Components Thereof, from Japan; Department shall, subject to subsection rate of any respondent in the Preliminary Results of Antidumping Duty 782(d) of the Act, use facts otherwise investigation. See Final Determination Administrative Reviews and Partial Termination of available in reaching the applicable of Sales at Less Than Fair Value: Administrative Reviews, 61 FR 57391, 57392 (November 6, 1996), unchanged in Tapered Roller determination. Certain Cold–Rolled Carbon Quality Bearings and Parts Thereof, Finished and Information on the record of this Steel Products from the People’s Unfinished, From Japan, and Tapered Roller investigation indicates that the PRC– Republic of China, 65 FR 34660 (May Bearings, Four Inches or Less in Outside Diameter, wide entity was non–responsive. 31, 2000), and accompanying Issues and and Components Thereof, From Japan: Final Results of Antidumping Duty Administrative Certain companies did not respond to Decision Memorandum, at ‘‘Facts Reviews and Termination in Part, 62 FR 11825 our questionnaire requesting Q&V Available.’’ As AFA, we have (March 13, 1997). information. As a result, pursuant to preliminarily assigned to the PRC–wide 22 See Initiation Checklist at Exhibit V.

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Department, is discussed in the as to induce cooperation such that the satisf{y}’ the Department that a different Initiation Checklist.23 uncooperative companies do not benefit date better reflects the date on which Based on our examination of from their failure to cooperate. See the exporter or producer establishes the information on the record, including Memorandum to the File, regarding material terms of sale.’’’ Allied Tube & examination of the petition export Corroboration of the PRC–Wide Entity Conduit Corp. v. United States 132 F. prices and normal values, we find that, Rate and for the Preliminary Supp. 2d at 1090 (CIT 2001) (quoting 19 for purposes of this investigation, there Determination in the Antidumping Duty CFR 351.401(i)) (‘‘Allied Tube’’). is not a sufficient basis to consider that Investigation of Wire Decking from the Additionally, the Secretary may use a certain petition margins have probative People’s Republic of China, dated date other than the date of invoice if the value. However, there is a sufficient concurrently with this notice. Secretary is satisfied that a different basis to determine that the petition Accordingly, we find that the rate of date better reflects the date on which margin selected does have probative 289.00 percent is corroborated within the exporter or producer establishes the value. In this case, we have selected a the meaning of section 776(c) of the Act. material terms of sale. See 19 CFR margin that is not so much greater than Consequently, we are applying 289.00 351.401(i); see also Allied Tube, 132 F. the highest CONNUM–specific margin percent as the single antidumping rate Supp. 2d 1087, 1090–1092. The date of calculated for one of the mandatory to the PRC–wide entity. The PRC–wide sale is generally the date on which the respondents in this proceeding that it rate applies to all entries of the parties agree upon all substantive terms can be considered to not have probative merchandise under investigation except of the sale. This normally includes the value. This method of selecting an AFA for entries from Eastfound Metal, price, quantity, delivery terms and dumping margin is consistent with the Eastfound Material, DHMP, and the payment terms. See Carbon and Alloy recent final determination involving separate rate applicants receiving a Steel Wire Rod from Trinidad and kitchen appliance shelving and racks separate rate (i.e., Riqian, Globsea, and Tobago: Final Results of Antidumping from the PRC and prestressed concrete Ningbo Xinguang). Duty Administrative Review, 72 FR steel wire strand from the PRC. See July Margin for the Separate Rate 62824 (November 7, 2007), and 20, 2009, Memorandum to the File, Companies accompanying Issue and Decision regarding Corroboration of the PRC– Memorandum at Comment 1; Notice of Wide Entity Rate and the Wireking Total As discussed above, the Department Final Determination of Sales at Less AFA Rate for the Final Determination in received timely and complete separate Than Fair Value: Certain Cold–Rolled the Antidumping Duty Investigation of rate applications from Riqian, Globsea, Flat–Rolled Carbon Quality Steel Certain Kitchen Appliance Shelving and and Ningbo Xinguang, who are all Products from Turkey, 65 FR 15123 Racks from the People’s Republic of exporters of wire decking from the PRC (March 21, 2000), and accompanying China, see also, Prestressed Concrete during the POI and who were not Issues and Decision Memorandum at Steel Wire Strand From the People’s selected as mandatory respondents in Comment 1. Republic of China: Preliminary this investigation. Through the evidence Determination of Sales at Less Than in their applications, these companies Eastfound Fair Value, 74 FR 68232 (December 23, have demonstrated their eligibility for a For the preliminary determination, we 2009). separate rate, as discussed above. used the shipment date as the date of The Department’s practice, when Consistent with the Department’s sale rather than Eastfound’s reported selecting an AFA rate from among the practice, as the separate rate, we have sale date (booking date), because based possible sources of information, has established a margin for the Riqian, on the record evidence to date, we been to ensure that the margin is Globsea, and Ningbo Xinguang based on preliminarily find that shipment date sufficiently adverse ‘‘as to effectuate the the average of the rates we calculated for best reflects the date on which the statutory purposes of the adverse facts the mandatory respondents, Eastfound essential terms of sale are fixed and available rule to induce respondents to and DHMP, excluding any rates that final. In our analysis of Eastfound’s provide the Department with complete were zero, de minimis, or based on total information, we determined that the and accurate information in a timely adverse facts available.24 sale date reported in Eastfound’s sales manner.’’ See Notice of Final Date of Sale database only represents the date that Determination of Sales at Less Than Eastfound chose to record the sale of Fair Value and Final Negative Critical 19 CFR 351.401(i) states that, ‘‘in merchandise under consideration in its Circumstances: Carbon and Certain identifying the date of sale of the books and records, not the date the Alloy Steel Wire Rod from Brazil, 67 FR merchandise under consideration or material terms of the sale were 55792, 55796 (Aug. 30, 2002); see also foreign like product, the Secretary established with its U.S. customer. We Notice of Final Determination of Sales normally will use the date of invoice, as asked Eastfound to provide sales based at Less Than Fair Value: Static Random recorded in the exporter or producer’s on commercial invoice date or explain Access Memory Semiconductors From records kept in the normal course of why Eastfound’s booking date better Taiwan, 63 FR 8909, 8932 (Feb. 23, business.’’ In Allied Tube, the Court of reflects the date on which the exporter 1998). As guided by the SAA, the International Trade (‘‘CIT’’) noted that a established the material terms of sale information used as AFA should ensure ‘‘party seeking to establish a date of sale (e.g., price, quantity, etc.). Instead, an uncooperative party does not benefit other than invoice date bears the burden Eastfound explained how it uses its more by failing to cooperate than if it of producing sufficient evidence to commercial invoice numbering and had cooperated fully. See SAA at 870. dating system to assign invoice numbers We conclude that using DHMP’s highest 24 See, e.g., Preliminary Determination of Sales at and dates and how it recorded its sales Less Than Fair Value and Partial Affirmative transaction–specific margin as a limited Determination of Critical Circumstances: Certain in its books and records. The reference point, the highest petition Polyester Staple Fiber from the People’s Republic of information that Eastfound provided did margin that can be corroborated within China, 71 FR 77373, 77377 (December 26, 2006), not adequately demonstrate when the the meaning of the statute is 289.00 unchanged in Final Determination of Sales at Less material terms of its sale were Than Fair Value and Partial Affirmative percent, which is sufficiently adverse so Determination of Critical Circumstances: Certain established. Because Eastfound has not Polyester Staple Fiber from the People’s Republic of adequately demonstrated that the 23 See Initiation Checklist at Exhibit V. China, 72 FR 19690 (April 19, 2007). material terms of sale for Eastfound’s

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sales were established on its reported States, as adjusted under section 772(c) simple average of the three companies’ sale date (i.e., booking date) or any other of the Act. In accordance with section brokerage expense data.26 See Surrogate date, we preliminarily determine 772(a) of the Act, we used EP for Value Memo. Eastfound’s shipment date best reflects DHMP’s and Eastfound’s U.S. sales To value marine insurance, the the date on which the essential terms because the merchandise subject to this Department used data from RGJ are fixed and final. However, investigation was sold directly to the Consultants (http:// subsequent to the preliminary unaffiliated customers in the United www.rjgconsultants.com/). This source determination we will request States prior to importation and because provides information regarding the per– additional information with respect to constructed export price (‘‘CEP’’) was value rates of marine insurance of this issue. not otherwise indicated. See Affiliation imports and exports to/from various Section above. countries. We valued international DHMP We calculated EP based on the packed freight shipping expenses using For the preliminary determination, we prices to unaffiliated purchasers in, or contemporaneous rates reported by used DHMP’s shipment date as the date for exportation to, the United States. We Maersk Line Shipping. Where of sale, because, based on record made deductions, as appropriate, for applicable, the Department used the evidence to date, we preliminarily find any movement expenses (e.g., foreign international freight rates reported for that it best represents the date on which inland freight from the plant to the port each corresponding origin and the essential terms of sale are fixed and of exportation, domestic brokerage, destination port for each month of the final. In DHMP’s October 16, 2009, international freight to the port of POI. questionnaire response, DHMP importation, etc.) in accordance with Normal Value designated a date of sale other than the section 772(c)(2)(A) of the Act. Where invoice date but did not produce foreign inland freight or foreign Section 773(c)(1) of the Act provides sufficient evidence to establish that ‘‘a brokerage and handling fees were that the Department shall determine the different date better reflects the date on provided by PRC service providers or NV using an FOP methodology if the which the exporter or producer paid for in renminbi, we based those merchandise is exported from an NME establishes the material terms of sale.’’ charges on surrogate value rates from and the information does not permit the On November 16, 2009, the Department India. See ‘‘Factor Valuation’’ section calculation of NV using home–market issued a supplemental questionnaire below for further discussion of surrogate prices, third–country prices, or and explained that the Department will value rates. constructed value under section 773(a) normally use the date of invoice, unless In determining the most appropriate of the Act. The Department bases NV on DHMP demonstrates that a different surrogate values to use in a given case, the FOPs because the presence of date better reflects the date on which the Department’s stated practice is to government controls on various aspects the exporter or producer establishes the use period–wide price averages, prices of NMEs renders price comparisons and material terms of sale. In DHMP’s specific to the input in question, prices the calculation of production costs December 1, 2009, Supplemental that are net of taxes and import duties, invalid under the Department’s normal Questionnaire Response, DHMP prices that are contemporaneous with methodologies. See, e.g., Kitchen Racks submitted an alternate database for its the POI, and publicly available data.25 Prelim, 71 FR at 19703 (unchanged in U.S. sales during the POI based on the We valued brokerage and handling Kitchen Racks Final). shipment date. Additionally, in DHMP’s using a simple average of the brokerage Factor Valuations December 23, 2009 submission, DHMP and handling costs that were reported in stated that the material terms of sale are public submissions that were filed in In accordance with section 773(c) of set at the time of shipment. Thus, for the three antidumping duty cases. the Act, we calculated NV based on FOP preliminary determination, the Specifically, we averaged the public data reported by respondents during the Department has used the shipment date brokerage and handling expenses POI. To calculate NV, we multiplied the as the date of sale. However, subsequent reported by Navneet Publications (India) reported per–unit factor–consumption to the preliminary determination we Ltd. in the 2007–2008 administrative rates by publicly available surrogate will request additional information with review of certain lined paper products values (except as discussed below). In respect to this issue. from India, Essar Steel Limited in the selecting the surrogate values, we 2006–2007 antidumping duty considered the quality, specificity, and Fair Value Comparisons administrative review of hot–rolled contemporaneity of the data. See, e.g., To determine whether sales of wire carbon steel flat products from India, Fresh Garlic From the People’s Republic decking to the United States by the and Himalya International Ltd. in the of China: Final Results of Antidumping respondents were made at LTFV, we 2005–2006 administrative review of Duty New Shipper Review, 67 FR 72139 compared EP to NV, as described in the certain preserved mushrooms from (December 4, 2002), and accompanying ‘‘Export Price’’ and ‘‘Normal Value’’ India. Because these values were not Issues and Decision Memorandum at sections of this notice. concurrent with the POI of this Comment 6; and Final Results of First investigation, we adjusted these rates for New Shipper Review and First Export Price inflation using the Wholesale Price Antidumping Duty Administrative In accordance with section 772(a) of Indices (‘‘WPI’’) for India as published in Review: Certain Preserved Mushrooms the Act, EP is the price at which the the International Monetary Fund’s From the People’s Republic of China, 66 merchandise subject to this (‘‘IMF’s’’) International Financial FR 31204 (June 11, 2001), and investigation is first sold (or agreed to be Statistics, available at http:// accompanying Issues and Decision sold) before the date of importation by ifs.apdi.net/imf, and then calculated a Memorandum at Comment 5. As the producer or exporter of the merchandise subject to this 25 See, e.g., Certain Cased Pencils from the 26 See Tapered Roller Bearings and Parts Thereof, investigation outside of the United People’s Republic of China; Final Results and Finished or Unfinished, from the People’s Republic Partial Rescission of Antidumping Duty of China: Preliminary Results of the 2007 2008 States to an unaffiliated purchaser in the Administrative Review, 71 FR 38366 (July 6, 2006), Administrative Review of the Antidumping Duty United States or to an unaffiliated and accompanying Issues and Decision Order, 74 FR 32539 (July 8, 2009), (unchanged in purchaser for exportation to the United Memorandum at Comment 1. final results) (‘‘07-08 TRBs’’).

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appropriate, we adjusted input prices by from Indonesia, South Korea, and http://ia.ita.doc.gov/wages/index.html. including freight costs to make them Thailand may have been subsidized. We The source of these wage–rate data on delivered prices. Specifically, we added have found in other proceedings that the Import Administration’s web site is to Indian import surrogate values a these countries maintain broadly the 2006 and 2007 data in Chapter 5B surrogate freight cost using the shorter available, non–industry-specific export of the International Labour of the reported distance from the subsidies and, therefore, it is reasonable Organization’s Yearbook of Labour domestic supplier to the factory or the to infer that all exports to all markets Statistics. Because this regression–based distance from the nearest seaport to the from these countries may be subsidized. wage rate does not separate the labor factory where appropriate. This See Notice of Final Determination of rates into different skill levels or types adjustment is in accordance with the Sales at Less Than Fair Value and of labor, we have applied the same wage Court of Appeals for the Federal Negative Final Determination of Critical rate to all skill levels and types of labor Circuit’s decision in Sigma Corp. v. Circumstances: Certain Color Television reported by the respondents. United States, 117 F.3d 1401, 1407–08 Receivers From the People’s Republic of We valued truck freight expenses (Fed. Cir. 1997). A detailed description China, 69 FR 20594 (April 16, 2004) and using a per–unit average rate calculated of all surrogate values used for DHMP accompanying Issues and Decision from data on the infobanc Web site: and Eastfound can be found in the Memorandum at Comment 7. http://www.infobanc.com/logistics/ Surrogate Value Memorandum. Further, guided by the legislative logtruck.htm. The logistics section of For the preliminary determination, in history, it is the Department’s practice this Web site contains inland freight accordance with the Department’s not to conduct a formal investigation to truck rates between many large Indian practice, we used data from the Indian ensure that such prices are not cities. This value is contemporaneous Import Statistics and other publicly subsidized. See Omnibus Trade and with the POI. available Indian sources in order to Competitiveness Act of 1988, We valued electricity using price data calculate surrogate values for DHMP’s Conference Report to accompany H.R. for small, medium, and large industries, and Eastfound’s FOPs (direct materials, Rep. 100–576 at 590 (1988) reprinted in as published by the Central Electricity energy, and packing materials) and 1988 U.S.C.C.A.N. 1547, 1623–24; see Authority of the Government of India certain movement expenses. In selecting also Preliminary Determination of Sales (‘‘CEA’’) in its publication titled the best available information for at Less Than Fair Value: Coated Free Electricity Tariff & Duty and Average valuing FOPs in accordance with Sheet Paper from the People’s Republic Rates of Electricity Supply in India, section 773(c)(1) of the Act, the of China, 72 FR 30758 (June 4, 2007) dated July 2006. These electricity rates Department’s practice is to select, to the unchanged in Final Determination of represent actual country–wide, publicly extent practicable, surrogate values Sales at Less Than Fair Value: Coated available information on tax–exclusive which are non–export average values, Free Sheet Paper from the People’s electricity rates charged to industries in most contemporaneous with the POI, Republic of China, 72 FR 60632 India. product–specific, and tax–exclusive. (October 25, 2007). Rather, the See, e.g., Notice of Preliminary Department bases its decision on Because water is essential to the Determination of Sales at Less Than information that is available to it at the production process of the merchandise Fair Value, Negative Preliminary time it makes its determination. See under consideration, the Department Determination of Critical Circumstances Polyethylene Terephthalate Film, Sheet, considers water to be a direct material and Postponement of Final and Strip from the People’s Republic of input, not overhead, and valued water Determination: Certain Frozen and China: Preliminary Determination of with a surrogate value according to our Canned Warmwater Shrimp From the Sales at Less Than Fair Value, 73 FR practice. See Final Determination of Socialist Republic of Vietnam, 69 FR 24552, 24559 (May 5, 2008), unchanged Sales at Less Than Fair Value and 42672, 42682 (July 16, 2004), unchanged in Polyethylene Terephthalate Film, Critical Circumstances: Certain in Final Determination of Sales at Less Sheet, and Strip from the People’s Malleable Iron Pipe Fittings from the Than Fair Value: Certain Frozen and Republic of China: Final Determination People’s Republic of China, 68 FR 61395 Canned Warmwater Shrimp from the of Sales at Less Than Fair Value, 73 FR (October 23, 2003), and accompanying Socialist Republic of Vietnam, 69 FR 55039 (September 24, 2008). Therefore, Issues and Decision Memorandum at 71005 (December 8, 2004). The record we have not used prices from these Comment 11. To value water, we used shows that data in the Indian Import countries in calculating the Indian the revised Maharashtra Industrial Statistics, as well as those from the import–based surrogate values. Development Corporation water rates other Indian sources, are Additionally, we disregarded prices available at http://www.midcindia.com/ contemporaneous with the POI, from NME countries. Finally, imports water–supply. See Surrogate Value product–specific, and tax–exclusive. that were labeled as originating from an Memorandum. See Surrogate Value Memorandum. In ‘‘unspecified’’ country were excluded To value low carbon steel wire rod, those instances where we could not from the average value, because the we used price data from the Indian Join obtain publicly available information Department could not be certain that Plant Committee (‘‘JPC’’), which is a joint contemporaneous to the POI with which they were not from either an NME industry/government board that to value factors, we adjusted the country or a country with general export monitors Indian steel prices. These data surrogate values using, where subsidies. See id. are fully contemporaneous with the POI, appropriate, the Indian WPI as For direct, indirect, and packing and are specific to the reported inputs published in the IMF’s International labor, consistent with 19 CFR of the respondents. See Eastfound’s Financial Statistics. See, e.g., Kitchen 351.408(c)(3), we used the PRC Surrogate Value Rebuttal Comments, Racks, 74 FR at 9600. regression–based wage rate as reported dated November 18, 2009. Further, these Furthermore, with regard to the on Import Administration’s home page, data are publicly available, represent a Indian import–based surrogate values, Import Library, Expected Wages of broad market average, and we are able we have disregarded import prices that Selected NME Countries, revised in to calculate them on a tax–exclusive we have reason to believe or suspect December 2009. See 2009 Calculation of basis. See 19 CFR 351.408(c)(1). For a may be subsidized. We have reason to Expected Non–Market Economy Wages, detailed discussion of all surrogate believe or suspect that prices of inputs 74 FR 65092 (December 9, 2009), and values used for this preliminary

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determination, see Surrogate Value CONNUMs. Eastfound stated that the margin calculated for Eastfound to these Memo. missing CONNUMs represent a small transactions. See Eastfound’s Analysis To value factory overhead, selling, percentage of its reported sales and that Memorandum. general, and administrative expenses, its alternate CONNUMs are ‘‘very The Department instructed Eastfound and profit, we used audited financial similar’’ to the CONNUMs that did not to provide an FOP database for the statements of Bansidhar Granites Private have production during the POI. On processing performed for Eastfound Limited (‘‘Bansidhar’’), Bedmutha Wire December 23, 2009, Eastfound Metal and/or Eastfound Material by Com. Ltd. (‘‘Bedmutha’’), and Mekins submitted an update to its alternate their galvanizing tollers during the POI. Agro Products (‘‘Mekins’’), each covering CONNUM recommendation and also Eastfound stated that its unaffiliated the fiscal period April 1, 2007, through provided an explanation as to why the galvanizing tollers refused to provide March 31, 2008. Each of the three FOPs for these alternate CONNUMs the requested information because the surrogate producers makes a range of should be used in lieu of the actual information is proprietary. Eastfound products including: wire decking, CONNUMs. recommends that for the preliminary drawn and welded wire products, Pursuant to section 776(a)(2)(B) of the determination, the Department use the fasteners or nuts and bolts, or some Act, Eastfound failed to provide galvanizing costs used in the Petition, combination thereof. These are all information relevant to the which were also used in Certain Steel comparable merchandise to that Department’s analysis with respect to Threaded Rod from the People’s produced by the respondents.27 The the above–mentioned missing FOPs for Republic of China: Preliminary Department may consider other publicly certain CONNUMs. Thus, consistent Determination of Sales at Less Than available financial statements for the with section 782(d) of the Act, the Fair Value, 73 FR 58931 (October 8, final determination, as appropriate. Department has determined it necessary 2008). Petitioners recommend that we to apply facts otherwise available for use an average of the galvanizing Use of Facts Available these CONNUMs. For the preliminary surrogate values from the Petition. For Section 776(a)(1) of the Act mandates determination, as FA, we will use the the preliminary determination, we are that the Department use FA if necessary FOPs of the CONNUMs recommended applying the average of both surrogate information is not available on the by Eastfound in its December 23, 2009, values from the Petition as a surrogate record of an antidumping proceeding. submission because they represent a cost to the galvanizing performed by very small percentage of Eastfound’s Eastfound Eastfound’s unaffiliated tollers. U.S. sales, and based on a review of the In our review of Eastfound’s reported product characteristics we find that Currency Conversion information, we found that Eastfound Eastfound’s suggested alternate We made currency conversions into did not report FOPs for certain control CONNUMs represent very similar U.S. dollars, in accordance with section numbers (‘‘CONNUMs’’) in its sales products to the CONNUMs with no 773A(a) of the Act, based on the database. In our original questionnaire, FOPs. exchange rates in effect on the dates of we instructed Eastfound to ensure that In our review of Eastfound’s FOP the U.S. sales as certified by the Federal its FOP database contains a separate database, we found that for certain Reserve Bank. record for each unique CONNUM CONNUMs the consumption of hot– contained in its U.S. sales file. rolled steel strip in coils and wire rods Verification Additionally, in a supplemental (collectively ‘‘steel weight’’), which is As provided in section 782(i)(1) of the questionnaire, we pointed out to the amount of steel needed to produce Act, we intend to verify the information Eastfound that the FOP database did not Eastfound’s wire decking, is less than from DHMP and Eastfound upon which contain FOPs for certain sales the reported ‘‘standard weight’’ of the we will rely in making our final CONNUMs. We requested that finished product. See Eastfound’s determination. Eastfound report consumption factors Preliminary Analysis Memorandum. for all of these CONNUMs. In its Because we did not provide Eastfound Combination Rates December 7, 2009, response, Eastfound an opportunity to remedy the above In the Initiation Notice, the stated that it had no production for weight discrepancies, we intend to issue Department stated that it would these CONNUMs during the POI and it a supplemental questionnaire after this calculate combination rates for certain provided alternate CONNUMs for the preliminary determination. However, respondents that are eligible for a Department to use in its margin program for the preliminary determination, for separate rate in this investigation.28 This for the missing FOPs. However, in its those CONNUMs where the steel weight practice is described in Policy Bulletin supplemental questionnaire response, in Eastfound’s FOP database is less than 05.1. Eastfound did not adequately explain the standard weight reported in its sales why the Department should use the database, we applied partial FA. Preliminary Determination FOPs of these alternate CONNUMs in Pursuant to section 776(b) of the Act, as The weighted–average dumping lieu of obtaining FOPs for the actual FA, we applied the weighted average margin percentages are as follows:

Exporter Producer Percent Margin

Dalian Huameilong Metal Products Co., Ltd...... Dalian Huameilong Metal Products Co., Ltd. 50.95% Dalian Eastfound Metal Products Co., Ltd. / Dalian Eastfound Material Handling Products Co. Ltd ...... Dalian Eastfound Metal Products Co., Ltd., or Dalian 42.61% Eastfound Material Handling Products Co. Ltd. Globsea Co., Ltd ...... Dalian Yutiein Storage Manufacturing Co. Ltd., or Dalian 46.78% Xingbo Metal Products Co. Ltd. Ningbo Xinguang Rack Co., Ltd...... Ningbo Xinguang Rack Co., Ltd. 46.78% Dandong Riqian Logistics Equipment Co. Ltd...... Dandong Riqian Logistics Equipment Co. Ltd. 46.78%

27 See Surrogate Value Memorandum. 28 See Initiation Notice, 74 FR at 31695.

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Exporter Producer Percent Margin

PRC–Wide Entity* ...... 289.00% * This rate also applies to Brynick Enterprises Limited, Shanghai Hesheng Hardware Products Co., and Dalian Xingbo Metal Products Co. Ltd.

Disclosure determination in the Federal Register within 45 days of our final We will disclose the calculations that is exported and produced by determination. DHMP, we will instruct CBP to require performed to parties in this proceeding Public Comment within five days of the date of an antidumping cash deposit or the publication of this notice in accordance posting of a bond for each entry equal Case briefs or other written comments with 19 CFR 351.224(b). to the weighted–average amount by may be submitted to the Assistant which the NV exceeds U.S. price, as Secretary for Import Administration no Suspension of Liquidation indicated above. For the non– later than seven days after the date on individually examined separate rate In accordance with section 733(d) of which the final verification report is recipients in this investigation, we will the Act, we will instruct CBP to suspend issued in this proceeding and rebuttal instruct CBP to require an antidumping liquidation of all entries of merchandise briefs, limited to issues raised in case subject to this investigation, entered, or cash deposit or the posting of a bond for each entry equal to the weighted– briefs, may be submitted no later than withdrawn from warehouse, for five days after the deadline date for case consumption on or after the date of average amount by which the NV exceeds U.S. price, as indicated above.29 briefs. See 19 CFR 351.309. A table of publication of this notice in the Federal contents, list of authorities used and an Register. For all other entries of wire decking from the people’s republic of china, the executive summary of issues should The Department has determined in accompany any briefs submitted to the Wire Decking from the People’s following cash deposit/bonding instructions apply: (1) For all PRC Department. This summary should be Republic of China: Preliminary limited to five pages total, including Affirmative Countervailing Duty exporters of wire decking which have footnotes. The Department also requests Determination and Alignment of Final not received their own rate, the cash– that parties provide an electronic copy Countervailing Duty Determination with deposit or bonding rate will be the PRC– of its case and rebuttal brief submissions Final Antidumping Duty Determination, wide rate; (2) for all non–PRC exporters in either a ‘‘Microsoft Word’’ or a ‘‘pdf’’ 74 FR 57629 (November 9, 2009) (‘‘CVD of wire decking from the people’s format. Wire Decking Prelim’’), that the product republic of china which have not under investigation, exported and received their own rate, the cash– In accordance with section 774 of the produced by Eastfound, benefitted from deposit or bonding rate will be the rate Act, we will hold a public hearing, if an export subsidy. Normally, where the applicable to the exporter/producer requested, to afford interested parties an product under investigation is also combinations that supplied that non– opportunity to comment on arguments subject to a concurrent countervailing PRC exporter. This suspension of raised in case or rebuttal briefs. duty investigation, we instruct CBP to liquidation will remain in effect until Interested parties, who wish to request require an antidumping cash deposit or further notice. a hearing, or to participate if one is posting of a bond equal to the weighted– International Trade Commission requested, must submit a written average amount by which the NV Notification request to the Assistant Secretary for exceeds the EP, as indicated above, In accordance with section 733(f) of Import Administration, U.S. Department minus the amount determined to the Act, we have notified the ITC of our of Commerce, Room 1870, within 30 constitute an export subsidy. See, e.g., preliminary affirmative determination of days after the date of publication of this Notice of Final Determination of Sales sales at LTFV. Section 735(b)(2) of the notice. See 19 CFR 351.310(c). Requests at Less Than Fair Value: Carbazole Act requires the ITC to make its final should contain the party’s name, Violet Pigment 23 From India, 69 FR determination as to whether the address, and telephone number, the 67306, 67307 (November 17, 2007). domestic industry in the United States number of participants, and a list of the Accordingly, the following cash is materially injured, or threatened with issues to be discussed. If a request for deposit requirements will be effective material injury, by reason of imports of a hearing is made, we intend to hold the upon publication of the preliminary wire decking, or sales (or the likelihood hearing three days after the deadline of determination. For merchandise under of sales) for importation, of the submission of rebuttal briefs at the U.S. consideration entered, or withdrawn merchandise under consideration Department of Commerce, 14th Street from warehouse, for consumption on or and Constitution Ave., NW, after the publication date of this 29 Normally, where the non-individually Washington, DC 20230, at a time and preliminary determination in the examined entities receiving a separate rate in an AD location to be determined. See 19 CFR Federal Register that is exported and investigation are found to have benefitted from 351.310. Parties should confirm by produced by Eastfound, we will instruct export subsidies in a concurrent CVD investigation on the same product (either through individual telephone the date, time, and location of CBP to require an antidumping cash examination or through the ‘‘All Others’’ rate), the the hearing two days before the deposit or the posting of a bond for each Department will instruct CBP to collect a cash scheduled date. entry equal to the weighted–average deposit or the posting of a bond equal the amount amount by which the NV exceeds U.S. of the AD margin adjusted for the amount of the We will make our final determination price, as indicated above, adjusted for export subsidy. In this case, none of the non- no later than 135 days after the date of individually examined entities receiving a separate publication of this preliminary the export subsidy rate determined in rate in the AD investigation were individually CVD Wire Decking Prelim. examined in the companion CVD investigation. determination, pursuant to section For merchandise under consideration Further, the export subsidy found for ‘‘All Others’’ 735(a)(2) of the Act. in CVD Wire Decking Prelim is so small (0.005 This determination is issued and entered, or withdrawn from warehouse, percent) as to have no impact on the AD margin. for consumption on or after the Accordingly, we will not adjust the AD margins for published in accordance with sections publication date of this preliminary these entities in our instructions to CBP. 733(f) and 777(i)(1) of the Act.

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Dated: January 4, 2010. Dated: January 5, 2010. 6010 at the mail address given in Ronald K. Lorentzen, Todd A. Stevenson, paragraph (1) above, between 9 a.m. and Deputy Assistant Secretary for Import Secretary. 4 p.m. Monday through Friday, except Administration. [FR Doc. 2010–305 Filed 1–11–10; 8:45 am] Federal holidays. [FR Doc. 2010–372 Filed 1–11–10; 8:45 am] BILLING CODE 6355–01–M (3) By fax to: (202) 606–3475, BILLING CODE 3510–DS–S Attention Katharine Delo Gregg, Program Officer. CORPORATION FOR NATIONAL AND (4) Electronically through the COMMODITY FUTURES TRADING COMMUNITY SERVICE Corporation’s e-mail address system: COMMISSION [email protected]. Proposed Information Collection; FOR FURTHER INFORMATION CONTACT: Sunshine Act Meetings Comment Request Katharine Delo Gregg, (202) 606–6965, or by e-mail at [email protected]. The following notice of meeting is AGENCY: Corporation for National and published pursuant to the provisions of Community Service. SUPPLEMENTARY INFORMATION: The Corporation is particularly the Government in the Sunshine Act, ACTION: Notice. Public Law 94–409, 5 U.S.C. 552b. interested in comments that: • AGENCY HOLDING THE MEETING: SUMMARY: The Corporation for National Evaluate whether the proposed Commodity Futures Trading and Community Service (hereinafter the collection of information is necessary Commission. ‘‘Corporation’’), as part of its continuing for the proper performance of the functions of the Corporation, including TIME AND DATE: 1 p.m., January 14, 2010. effort to reduce paperwork and respondent burden, conducts a pre- whether the information will have PLACE: Three Lafayette Center, 1155 21st clearance consultation program to practical utility; St., NW., Washington, DC, Lobby Level provide the general public and Federal • Evaluate the accuracy of the Hearing Room (Room 1000). agencies with an opportunity to agency’s estimate of the burden of the STATUS: Open. comment on proposed and/or proposed collection of information, MATTERS TO BE CONSIDERED: Issuance of continuing collections of information in including the validity of the a proposed rule on energy position accordance with the Paperwork methodology and assumptions used; limits and hedge exemptions on Reduction Act of 1995 (PRA95) (44 • Enhance the quality, utility, and regulated futures exchanges, derivatives U.S.C. 3506(c)(2)(A)). This program clarity of the information to be transaction execution facilities and helps to ensure that requested data can collected; and • electronic trading facilities. be provided in the desired format, Minimize the burden of the CONTACT PERSON FOR MORE INFORMATION: reporting burden (time and financial collection of information on those who David A. Stawick, Secretary of the resources) is minimized, collection are expected to respond, including the Commission, 202–418–5071. instruments are clearly understood, and use of appropriate automated, the impact of collection requirement on electronic, mechanical, or other David A. Stawick, respondents can be properly assessed. technological collection techniques or Secretary of the Commission. Currently, the Corporation is other forms of information technology [FR Doc. 2010–450 Filed 1–8–10; 4:15 pm] soliciting comments concerning its (e.g., permitting electronic submissions BILLING CODE 6351–01–P proposed Stakeholder Assessment of of responses). Senior Corps RSVP grantees. This Background information collection is a requirement CONSUMER PRODUCT SAFETY of the Serve America Act. The The Serve America Act requires re- COMMISSION information collection will be used by competition of RSVP grants beginning the community partners of current in 2013. In preparation for the re- Sunshine Act Meeting Notice Senior Corps grantees for the national competition, the legislation requires a RSVP re-competition beginning in 2013. stakeholder assessment. Each grantee TIME AND DATE: Wednesday, January 13, Completion of the Stakeholder will receive a custom report with 2010, 2 p.m.–4 p.m. Assessment is required in order for feedback, based on the results of the PLACE: Hearing Room 420, Bethesda RSVP grantees to receive pre- assessments. The Stakeholder Towers, 4330 East West Highway, competition training and technical Assessment will be completed Bethesda, Maryland. assistance. electronically using Zoomerang. STATUS: Closed to the Public. DATES: Written comments must be Current Action Matter To Be Considered submitted to the individual and office The information collection is listed in the ADDRESSES section by intended to be completed by the Compliance Weekly Report— March 15, 2010. Commission Briefing Community Advisory Boards of current ADDRESSES: You may submit comments, RSVP grantees. The individual The staff will brief the Commission on identified by the title of the information questions have previously existed in various compliance matters. collection activity, by any of the grant applications, program handbooks For a recorded message containing the following methods: and guidance, however, the format of latest agenda information, call (301) (1) By mail sent to: Corporation for the information collection is new. 504–7948. National and Community Service, The information collection will be CONTACT PERSON FOR MORE INFORMATION: Senior Corps; Attention Katharine Delo used to collect data to enhance technical Todd A. Stevenson, Office of the Gregg, Program Officer, Room 9408A, assistance for current grantees. The Secretary, U.S. Consumer Product 1201 New York Avenue, NW., Corporation will not use the results of Safety Commission, 4330 East West Washington, DC 20525. this information collection for Highway, Bethesda, MD 20814 (301) (2) By hand delivery or by courier to decisionmaking purposes regarding 504–7923. the Corporation’s mailroom at Room grant awards.

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Type of Review: New. National and Community Service, by alumni. There have been two postcards Agency: Corporation for National and any of the following two methods designed to mail to the alumni. The Community Service. within 30 days from the date of postcard text directs alumni to the Title: Senior Corp RSVP Community publication in this Federal Register: VISTACampus.org and Stakeholder Assessment. (1) By fax to: (202) 395–6974, MyAmeriCorps.gov to update their OMB Number: None. Attention: Ms. Sharon Mar, OMB Desk contact information. When approved, Agency Number: None. Officer for the Corporation for National the postcards will be mailed, Affected Public: Community Advisory and Community Service; and information will be posted on the Boards of current recipients of Senior (2) Electronically by e-mail to: VISTA Campus explaining the Corps RSVP Grants. [email protected]. registration process, the questionnaire Total Respondents: 700. will be posted, and alumni can begin to Frequency: Annual. SUPPLEMENTARY INFORMATION: The OMB is particularly interested in comments participate in recruitment efforts. Average Time per Response: 2.5 Type of Review: New Information hours. which: • Evaluate whether the proposed Collection. Estimated Total Burden Hours: 1,750 Agency: Corporation for National and collection of information is necessary hours. Community Service. for the proper performance of the Total Burden Cost (capital/startup): Title: VISTA Alumni Outreach. None. functions of the Corporation, including OMB Number: None. Total Burden Cost (operating/ whether the information will have Agency Number: None. maintenance): None. practical utility; • Affected Public: AmeriCorps VISTA Comments submitted in response to Evaluate the accuracy of the Alumni. this notice will be summarized and/or agency’s estimate of the burden of the Total Respondents: 177,000. included in the request for Office of proposed collection of information, Frequency: Ongoing. Management and Budget approval of the including the validity of the Average Time per Response: information collection request; they will methodology and assumptions used; Estimated at 30 minutes for first time also become a matter of public record. • Propose ways to enhance the respondents and 15 minutes for Dated: January 6, 2010. quality, utility, and clarity of the previously registered alumni updating Angela Roberts, information to be collected; and information. Estimated 30 minutes for • Propose ways to minimize the Acting Director, Senior Corps. VISTA alumni outreach questionnaire burden of the collection of information [FR Doc. 2010–357 Filed 1–11–10; 8:45 am] (estimated 500 people). on those who are to respond, including Estimated Total Burden Hours: 88,500 BILLING CODE 6050–$$–P through the use of appropriate (for alumni creating and updating automated, electronic, mechanical, or accounts on both VISTACampus.org and other technological collection CORPORATION FOR NATIONAL AND My.AmeriCorps.gov/250 (for alumni techniques or other forms of information COMMUNITY SERVICE completing questionnaire). technology, e.g., permitting electronic Total Burden Cost (capital/startup): Information Collection; Submission for submissions of responses. None. OMB Review, Comment Request Comments Total Burden Cost (operating/ maintenance): None. AGENCY: Corporation for National and A 60-day public comment Notice was Dated: January 6, 2010. Community Service. published in the Federal Register on Paul Davis, ACTION: Notice. November 5, 2009. This comment period ended on Friday, December 4, Acting Director, AmeriCorps VISTA. SUMMARY: The Corporation for National 2009. No public comments were [FR Doc. 2010–371 Filed 1–11–10; 8:45 am] and Community Service (hereinafter the received from this Notice. BILLING CODE 6050–$$–P ‘‘Corporation’’), has submitted a public Description: The Corporation is information collection request (ICR) seeking approval of VISTA Alumni entitled VISTA Alumni Outreach to the Outreach information collection. The DEPARTMENT OF DEFENSE Office of Management and Budget goal of this project is to contact the (OMB) for review and approval in 177,000 VISTA Alumni and ask them to Department of the Air Force accordance with the Paperwork take three actions; (1) Go online to Notice of Intent To Prepare an Reduction Act of 1995, Public Law 104– VISTACampus.org and create an Environmental Impact Statement for 13, (44 U.S.C. Chapter 35). Copies of account; (2) Go online to Beddown of Training F–35A Aircraft this ICR, with applicable supporting My.AmeriCorps.gov and register; (3) Fill documentation, may be obtained by out a questionnaire IF they are AGENCY: Air Education and Training calling the Corporation for National and interested in promoting and recruiting and Air National Guard, United States Community Service, Elizabeth for VISTA. By creating an account Air Force, Defense. Matthews at (202) 606–6774. through the VISTACampus.org and ACTION: Revised Notice of Intent. Individuals who use a registering through MyAmeriCorps.gov, telecommunications device for the deaf we can obtain their email addresses and SUMMARY: The United States Air Force (TTY–TDD) may call (202) 606–3472 keep them informed about future published a Notice of Intent to prepare between 8:30 a.m. and 5 p.m. Eastern alumni-related activities. This is an EIS in the Federal Register (Vol. 74, Time, Monday through Friday. especially important as VISTA is No. 247, page 68597) on Dec 28, 2009. ADDRESSES: Comments may be celebrating its 45th anniversary in 2010 As stated in the previous Notice of submitted, identified by the title of the and there will be numerous activities for Intent, the Air Force intended to information collection activity, to the alumni to participate in across the conduct scoping meeting in the Office of Information and Regulatory country. following cities: Truth or Consequences, Affairs, Attn: Ms. Sharon Mar, OMB The Corporation has obtained the NM, Socorro, NM, and Sun City, AZ; Desk Officer for the Corporation for mailing addresses for all 177,000 however, Scoping Meetings will no

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longer be conducted in these locations. Auditorium, 1725 E. Bilby Road, Federal law, or substantially interfere Additional public scoping meetings will Tucson, Arizona; Tuesday, March 2, with any agency’s ability to perform its be held at Cloudcroft, NM, Boise, ID, 2010, at San Carlos High School statutory obligations. The Acting City of Surprise/Sun Cities, AZ, and Cafeteria, Milepost 270 Highway 70, San Director, Information Collection Tucson, AZ. In addition, exact meeting Carlos, Arizona; Wednesday, March 3, Clearance Division, Regulatory locations were not known at the time 2010, at Eastern Arizona College Gila/ Information Management Services, the Notice of Intent was published. This Galiuro Room, Activities Center, 1014 Office of Management, publishes that revised Notice of Intent has been N. College Avenue, Thatcher, Arizona; notice containing proposed information prepared to notify the public of the Thursday, March 4, 2010, at Bisbee High collection requests prior to submission changes in the cities in which the public School Cafeteria, 475 School Terrace of these requests to OMB. Each scoping meetings will be held and to Road, Bisbee, Arizona; Friday, March 5, proposed information collection, provide locations and dates for the 2010, at Roskruge Elementary School grouped by office, contains the meetings. Auditorium 501 East Sixth Street, following: (1) Type of review requested, DATES: The Air Force intends to hold Tucson, Arizona. The scheduled dates, e.g., new, revision, extension, existing scoping meetings in the following times, locations and addresses for the or reinstatement; (2) Title; (3) Summary communities: Holloman Air Force Base: meetings will be published in local of the collection; (4) Description of the Monday, January 25, 2010, at Lincoln media a minimum of 15 days prior to need for, and proposed use of, the County Manager’s Building the scoping meetings. All meetings will information; (5) Respondents and Commissioners Chambers, 300 Central be held from 6 p.m. to 8 p.m. frequency of collection; and (6) Avenue Carrizozo, New Mexico; Comments will be accepted at any Reporting and/or Recordkeeping Tuesday, January 26, 2010, at Sgt. Willie time during the environmental impact burden. OMB invites public comment. Estrada Memorial Civic Center, 800 E. analysis process. However, to ensure the The Department of Education is First Street, Alamogordo, New Mexico; Air Force has sufficient time to consider especially interested in public comment Wednesday, January 27, 2010 at The public input in the preparation of the addressing the following issues: (1) Is Lodge Resort Pavilion Room, 601 Draft EIS, comments should be this collection necessary to the proper Corona Place, Cloudcroft, New Mexico; submitted to the address below by April functions of the Department; (2) will Thursday, January 28, 2010 at Best 5, 2010. this information be processed and used Western Pine Springs Inn, 1420 W. FOR FURTHER INFORMATION CONTACT: Mr. in a timely manner; (3) is the estimate Highway 70, Ruidoso Downs, New David Martin, HQ AETC/A7CPP, 266 F of burden accurate; (4) how might the Mexico; Friday, January 29, 2010 at De Street West, Randolph AFB, TX 78150– Department enhance the quality, utility, Baca County Courthouse Annex, 248 4319, telephone 210/652–1961. and clarity of the information to be East Avenue C, Fort Sumner, New collected; and (5) how might the Bao-Anh Trinh, Mexico; Boise Air Terminal Air Guard Department minimize the burden of this Station: Monday, February 8, 2010, at Air Force Federal Register Liaison Officer. collection on the respondents, including Marsing High School Commons, 301 W. [FR Doc. 2010–287 Filed 1–11–10; 8:45 am] through the use of information Eighth Avenue, Marsing, Idaho; BILLING CODE 5001–05–P technology. Tuesday, February 9, 2010, at Boise Dated: January 7, 2010. Senior Activities Center Dining Room, James Hyler, 690 Robbins Road, Boise, Idaho; DEPARTMENT OF EDUCATION Acting Director, Information Collection Wednesday, February 10, 2010, at Clearance Division, Regulatory Information Meridian Middle School Foyer/ Notice of Proposed Information Management Services, Office of Management. Auditorium, 1507 W. Eighth Street, Collection Requests Office of Vocational and Adult Meridian, Idaho; Thursday, February 11, AGENCY: Department of Education 2010, at Best Western Vista Inn Rocky Education Mountain Conference Center, 2645 SUMMARY: The Acting Director, Type of Review: Revision. Airport Way, Boise, Idaho; Friday, Information Collection Clearance Title: Carl D. Perkins Vocational and February 12, 2010, at Rimrock Jr./Sr. Division, Regulatory Information Technical Education Act (PL 105– High School Auditorium, 39678 State Management Services, Office of 332)—State Plan. Highway 78, Bruneau, Idaho; Luke Air Management, invites comments on the Frequency: Annually. Force Base: Monday, February 22, 2010 proposed information collection Affected Public: State, Local, or Tribal at Gila Bend Unified School District, requests as required by the Paperwork Gov’t, SEAs or LEAs. 308 N. Martin Avenue, Gila Bend, Reduction Act of 1995. Reporting and Recordkeeping Hour Arizona; Tuesday, February 23, 2010 at DATES: Interested persons are invited to Burden: Pueblo El Mirage RV Resort RC Roberts submit comments on or before March Responses: 56. Memorial Building, 11201 N. El Mirage 15, 2010. Burden Hours: 3,834. Road, El Mirage, Arizona; Wednesday, SUPPLEMENTARY INFORMATION: Section Abstract: PL 105–332 requires eligible February 24, 2010 at Communiversity @ 3506 of the Paperwork Reduction Act of State agencies to submit a 5-year State Surprise, 15850 West Civic Center 1995 (44 U.S.C. Chapter 35) requires plan, with annual revisions as the Plaza, City of Surprise/Sun Cities, that the Office of Management and agency deems necessary, in order to Arizona; Thursday, February 25, 2010 at Budget (OMB) provide interested receive Federal funds. Program staff Wickenburg High School Media Center, Federal agencies and the public an early review the plans for compliance and 1090 S. Vulture Mine Road, opportunity to comment on information quality. Wickenburg, Arizona; Friday, February collection requests. OMB may amend or Requests for copies of the proposed 26, 2010 at Wigwam Resort, 300 waive the requirement for public information collection request may be Wigwam Boulevard, Litchfield Park, consultation to the extent that public accessed from http://edicsweb.ed.gov, Arizona; Tucson International Airport participation in the approval process by selecting the ‘‘Browse Pending Air Guard Station: Monday, March 1, would defeat the purpose of the Collections’’ link and by clicking on link 2010, at Sunnyside High School Foyer/ information collection, violate State or number 4198. When you access the

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information collection, click on Elementary school means a day or Note: Section 5421(a)(5) of the ESEA limits ‘‘Download Attachments’’ to view. residential school that provides the amount of a grant under this program in Written requests for information should elementary education, as determined any one year to a maximum of $400,000. be addressed to U.S. Department of under State law. Estimated Number of Awards: 44. Education, 400 Maryland Avenue, SW., Secondary school means a day or Note: Section 5421(g)(1) of the ESEA LBJ, Washington, DC 20202–4537. residential school that provides requires that for any fiscal year in which the Requests may also be electronically secondary education, as determined amount of funds made available by the mailed to [email protected] or faxed under State law. In the absence of State Secretary for this program equals or exceeds to 202–401–0920. Please specify the law, the Secretary may determine, with $40,000,000, the Secretary shall award not complete title of the information respect to that State, whether the term less than $40,000,000 to enable LEAs to collection when making your request. includes education beyond the twelfth establish or expand counseling programs in Comments regarding burden and/or grade. elementary schools. Under this notice the collection activity requirements applicants may propose projects that Under this competition we are establish or expand counseling programs in should be electronically mailed to particularly interested in applications elementary schools, secondary schools, or [email protected]. Individuals who that address the following priority. both. use a telecommunications device for the Invitational Priority: For FY 2010 and deaf (TDD) may call the Federal any subsequent year in which we make Note: We will use the highest grade level Information Relay Service (FIRS) at 1– awards from the list of unfunded an applicant proposes to serve under its 800–877–8339. applicants from this competition, this grant, along with the information obtained by priority is an invitational priority. examining the applicant State’s law that [FR Doc. 2010–370 Filed 1–11–10; 8:45 am] defines what grade levels constitute an BILLING CODE 4000–01–P Under 34 CFR 75.105(c)(1) we do not elementary school in the State, to determine give an application that meets this if the application will be considered for invitational priority a competitive or funding from amounts available for DEPARTMENT OF EDUCATION absolute priority over other elementary school counseling programs only applications. or from amounts available for elementary or Office of Safe and Drug-Free Schools; This priority is: secondary school counseling programs or Overview Information; Elementary and both. Secondary School Counseling Low-Achieving Schools Programs; Notice Inviting Applications Note: The Department is not bound by any Projects that are designed to estimates in this notice. for New Awards for Fiscal Year (FY) dramatically improve student 2010 achievement in schools identified for Project Period: Up to 36 months. corrective action or restructuring under Budgets should be developed for each Catalog of Federal Domestic Assistance year of funding requested up to 36 (CFDA) Number: 84.215E. Title I of the ESEA or in secondary schools with graduation rates of less months. Dates: Applications Available: than 60 percent through either III. Eligibility Information January 12, 2010. comprehensive interventions or targeted Deadline for Transmittal of approaches to reform. 1. Eligible Applicants: (a) LEAs, Applications: February 26, 2010. including charter schools that are Deadline for Intergovernmental Program Authority: 20 U.S.C. 7245. considered LEAs under State law. Review: April 27, 2010. Applicable Regulations: (a) The (b) LEAs that currently have an active Full Text of Announcement Education Department General grant under the Elementary and Administrative Regulations (EDGAR) in Secondary School Counseling Program I. Funding Opportunity Description 34 CFR parts 75, 77, 79, 80, 81, 82, 84, are not eligible to apply for an award in Purpose of Program: The purpose of 85, 97, 98, 99, and 299. (b) The notice this competition. For the purpose of this the Elementary and Secondary School of final eligibility requirements for the eligibility requirement, a grant is Counseling program is to support efforts Office of Safe and Drug-Free Schools considered active until the end of the by local educational agencies (LEAs) to discretionary grant programs published grant’s project or funding period, establish or expand elementary school in the Federal Register on December 4, including any extensions of those and secondary school counseling 2006 (71 FR 70369). periods that extend the grantee’s programs. authority to obligate funds. Note: The regulations in 34 CFR part 79 2. a. Cost Sharing or Matching: This Priority: In accordance with 34 CFR apply to all applicants except Federally 75.105(b)(2)(iv), this priority is from recognized Indian Tribes. program does not require cost sharing or section 5421 of the Elementary and matching. Secondary Education Act of 1965, as II. Award Information b. Supplement-Not-Supplant: This amended (ESEA) (20 U.S.C. 7245). program involves supplement-not- Absolute Priority: For FY 2010 and Type of Award: Discretionary grants. supplant funding requirements. Section any subsequent year in which we make Estimated Available Funds: 5421(b)(2)(G) of the ESEA requires awards from the list of unfunded $15,437,591. applicants under this program to assure applicants from this competition, this Contingent upon the availability of that program funds will be used to priority is an absolute priority. Under 34 funds and the quality of applications, supplement, and not supplant, any CFR 75.105(c)(3) we consider only we may make additional awards later in other Federal, State, or local funds used applications that meet this priority. FY 2010 and in FY 2011 from the list for providing school-based counseling This priority is: of unfunded applicants from this and mental health services to students. Establish or expand counseling competition. programs in elementary schools, Estimated Range of Awards: IV. Application and Submission secondary schools, or both. $250,000–$400,000. Information Definitions: The following definitions Estimated Average Size of Awards: 1. Address to Request Application are from 34 CFR part 77 and apply to $350,000. Package: You can obtain an application this competition: Maximum Award: $400,000. package via the Internet or from the

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Education Publications Center (ED Deadline for Intergovernmental will we penalize you if you submit your Pubs). To obtain a copy via the Internet, Review: April 27, 2010. application in paper format. use the following address: http:// 4. Intergovernmental Review: This • You must submit all documents www.ed.gov/programs/elseccounseling/ program is subject to Executive Order electronically, including all information applicant.html. To obtain a copy from 12372 and the regulations in 34 CFR you typically provide on the following ED Pubs, write, fax, or call the part 79. Information about forms: the Application for Federal following: Education Publications Intergovernmental Review of Federal Assistance (SF 424), the Department of Center, P.O. Box 1398, Jessup, MD Programs under Executive Order 12372 Education Supplemental Information for 20794–1398. Telephone, toll free: 1– is in the application package for this SF 424, Budget Information—Non- 877–433–7827. FAX: (301) 470–1244. If program. Construction Programs (ED 524), and all you use a telecommunications device 5. Funding Restrictions: Section necessary assurances and certifications. for the deaf (TDD), call, toll free: 1–877– 5421(d) of the ESEA requires that no You must attach any narrative sections 576–7734. more than four percent of a grant award of your application as files in a .DOC You can contact ED Pubs at its Web may be used for administrative costs to (document), .RTF (rich text), or .PDF site, also: http://www.ed.gov/pubs/ carry out the project. We reference (Portable Document) format. If you edpubs.html or at its e-mail address: additional regulations outlining funding upload a file type other than the three [email protected]. restrictions in the Applicable file types specified in this paragraph or If you request an application from ED Regulations section of this notice. submit a password protected file, we Pubs, be sure to identify this program or 6. Other Submission Requirements: will not review that material. competition as follows: CFDA number Applications for grants under this • Your electronic application must 84.215E. program may be submitted comply with any page limit Individuals with disabilities can electronically or in paper format by mail requirements described in this notice. obtain a copy of the application package or hand delivery. • Prior to submitting your electronic in an accessible format (e.g., braille, application, you may wish to print a a. Electronic Submission of large print, audiotape, or computer copy of it for your records. Applications diskette) by contacting the program • After you electronically submit contact person listed under Accessible If you choose to submit your your application, you will receive an Format in section VIII of this notice. application to us electronically, you automatic acknowledgment that will 2. Content and Form of Application must use e-Application, accessible include a PR/Award number (an Submission: Requirements concerning through the Department’s e-Grants Web identifying number unique to your the content of an application, together site at: http://e-grants.ed.gov. application). with the forms you must submit, are in While completing your electronic • Within three working days after the application package for this application, you will be entering data submitting your electronic application, program. online that will be saved into a 3. Submission Dates and Times: fax a signed copy of the SF 424 to the database. You may not e-mail an Applications Available: January 12, Application Control Center after electronic copy of a grant application to 2010. following these steps: Deadline for Transmittal of us. (1) Print SF 424 from e-Application. Please note the following: (2) The applicant’s Authorizing Applications: February 26, 2010. • Applications for grants under this Your participation in e-Application Representative must sign this form. program may be submitted is voluntary. (3) Place the PR/Award number in the electronically using the Electronic Grant • You must complete the electronic upper right hand corner of the hard- Application System (e-Application) submission of your grant application by copy signature page of the SF 424. accessible through the Department’s e- 4:30:00 p.m., Washington, DC time, on (4) Fax the signed SF 424 to the Grants site, or in paper format by mail the application deadline date. E- Application Control Center at (202) or hand delivery. For information Application will not accept an 245–6272. (including dates and times) about how application for this program after • We may request that you provide us to submit your application 4:30:00 p.m., Washington, DC time, on original signatures on other forms at a electronically, or in paper format by the application deadline date. later date. mail or hand delivery, please refer to Therefore, we strongly recommend that Application Deadline Date Extension section IV. 6. Other Submission you do not wait until the application in Case of System Unavailability: If you Requirements of this notice. deadline date to begin the application are prevented from electronically We do not consider an application process. submitting your application on the that does not comply with the deadline • The hours of operation of the e- application deadline date because e- requirements. Grants Web site are 6:00 a.m. Monday Application is unavailable, we will Individuals with disabilities who until 7:00 p.m. Wednesday; and 6:00 grant you an extension of one business need an accommodation or auxiliary aid a.m. Thursday until 8:00 p.m. Sunday, day to enable you to transmit your in connection with the application Washington, DC time. Please note that, application electronically, by mail, or by process should contact the person listed because of maintenance, the system is hand delivery. We will grant this under FOR FURTHER INFORMATION unavailable between 8:00 p.m. on extension if— CONTACT in section VII of this notice. If Sundays and 6:00 a.m. on Mondays, and (1) You are a registered user of e- the Department provides an between 7:00 p.m. on Wednesdays and Application and you have initiated an accommodation or auxiliary aid to an 6:00 a.m. on Thursdays, Washington, electronic application for this individual with a disability in DC time. Any modifications to these competition; and connection with the application hours are posted on the e-Grants Web (2) (a) E-Application is unavailable for process, the individual’s application site. 60 minutes or more between the hours remains subject to all other • You will not receive additional of 8:30 a.m. and 3:30 p.m., Washington, requirements and limitations in this point value because you submit your DC time, on the application deadline notice. application in electronic format, nor date; or

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(b) E-Application is unavailable for Note: The U.S. Postal Service does not requirements in the Applicable any period of time between 3:30 p.m. uniformly provide a dated postmark. Before Regulations section of this notice. and 4:30:00 p.m., Washington, DC time, relying on this method, you should check We reference the regulations outlining on the application deadline date. with your local post office. the terms and conditions of an award in the Applicable Regulations section of We must acknowledge and confirm c. Submission of Paper Applications by this notice and include these and other these periods of unavailability before Hand Delivery granting you an extension. To request specific conditions in the GAN. The this extension or to confirm our If you submit your application in GAN also incorporates your approved acknowledgment of any system paper format by hand delivery, you (or application as part of your binding unavailability, you may contact either a courier service) must deliver the commitments under the grant. (1) the person listed elsewhere in this original and two copies of your 3. Reporting: At the end of your notice under For Further Information application by hand, on or before the project period, you must submit a final Contact (see VII. Agency Contact) or (2) application deadline date, to the performance report, including financial the e-Grants help desk at 1–888–336– Department at the following address: information, as directed by the 8930. If e-Application is unavailable U.S. Department of Education, Secretary. If you receive a multi-year due to technical problems with the Application Control Center, Attention: award, you must submit an annual system and, therefore, the application (CFDA Number 84.215E), 550 12th performance report that provides the deadline is extended, an e-mail will be Street, SW., Room 7041, Potomac Center most current performance and financial sent to all registered users who have Plaza, Washington, DC 20202–4260. expenditure information as directed by initiated an e-Application. The Application Control Center the Secretary under 34 CFR 75.118. The Extensions referred to in this section accepts hand deliveries daily between Secretary may also require more apply only to the unavailability of e- 8:00 a.m. and 4:30 p.m., Washington, frequent performance reports under 34 Application. If e-Application is DC time, except Saturdays, Sundays, CFR 75.720(c). For specific available, and, for any reason, you are and Federal holidays. requirements on reporting, please go to unable to submit your application Note for Mail or Hand Delivery of Paper http://www.ed.gov/fund/grant/apply/ electronically or you do not receive an Applications: If you mail or hand deliver appforms/appforms.html. automatic acknowledgment of your your application to the Department— 4. Performance Measures: The submission, you may submit your (1) You must indicate on the envelope Department has established the application in paper format by mail or and—if not provided by the Department—in following Government Performance and Item 11 of the SF 424 the CFDA number, hand delivery in accordance with the Results Act of 1993 (GPRA) performance including suffix letter, if any, of the measures for the Elementary and instructions in this notice. competition under which you are submitting your application; and Secondary School Counseling Program: b. Submission of Paper Applications by (1) The percentage of grantees closing Mail (2) The Application Control Center will mail to you a notification of receipt of your the gap between their student/mental If you submit your application in grant application. If you do not receive this health professional ratios and the paper format by mail (through the U.S. grant notification within 15 business days student/mental health professional Postal Service or a commercial carrier), from the application deadline date, you ratios recommended by the statute; and you must mail the original and two should call the U.S. Department of Education (2) The average number of referrals Application Control Center at (202) 245– per grant site that are made for copies of your application, on or before 6288. the application deadline date, to the disciplinary reasons in schools participating in the program. Department at the following address: V. Application Review Information U.S. Department of Education, These measures constitute the Application Control Center, Attention: 1. Selection Criteria: The selection Department’s indicators of success for (CFDA Number 84.215E), LBJ Basement criteria for this program are from 34 CFR this program. Consequently, we advise Level 1, 400 Maryland Avenue, SW., 75.210 of EDGAR and are listed in the an applicant for a grant under this Washington, DC 20202–4260. application package. program to give careful consideration to 2. Review and Selection Process: You must show proof of mailing these measures in conceptualizing the Additional factors we consider in consisting of one of the following: approach and evaluation for the selecting an application for an award are applicant’s proposed project. Each (1) A legibly dated U.S. Postal Service from section 5421(a)(3) of the ESEA, grantee will be required to provide, in postmark. which requires an equitable geographic its annual performance and final (2) A legible mail receipt with the distribution among the regions of the reports, data about the grantee’s date of mailing stamped by the U.S. United States and among LEAs located progress against these measures. Postal Service. in urban, rural, and suburban areas. (3) A dated shipping label, invoice, or VII. Agency Contacts receipt from a commercial carrier. VI. Award Administration Information For Further Information Contact: (4) Any other proof of mailing 1. Award Notices: If your application Loretta McDaniel, U.S. Department of acceptable to the Secretary of the U.S. is successful, we notify your U.S. Education, 400 Maryland Avenue, SW., Department of Education. Representative and U.S. Senators and Potomac Center Plaza, room 10080, If you mail your application through send you a Grant Award Notification Washington, DC 20202–6450. the U.S. Postal Service, we do not (GAN). We may notify you informally, Telephone: (202) 245–7870 or by e-mail: accept either of the following as proof also. [email protected]. of mailing: If your application is not evaluated or If you use a TDD, call the Federal (1) A private metered postmark. not selected for funding, we notify you. Relay Service, toll free, at 1–800–877– (2) A mail receipt that is not dated by 2. Administrative and National Policy 8339. the U.S. Postal Service. Requirements: We identify If your application is postmarked after administrative and national policy VIII. Other Information the application deadline date, we will requirements in the application package Accessible Format: Individuals with not consider your application. and reference these and other disabilities can obtain this document

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and a copy of the application package in compilation of information with respect borough-level, where applicable) an accessible format (e.g., braille, large to the administration of Federal concerning the following categories: print, audiotape, or computer diskette) elections; to fulfill its data collection Voter Registration Applications (From on request to the program contact requirements under the Uniformed and the Period of Federal General Election person listed under For Further Overseas Citizens Absentee Voting Act Day +1, 2008 Through Federal General Information Contact in section VII of (UOCAVA); and meet its National Voter Election Day, 2010) this notice. Registration Act (NVRA) mandate to Electronic Access to This Document: collect information from states (a) Total number of registered voters; You can view this document, as well as concerning the impact of that statute on (b) Number of active and inactive all other documents of this Department the administration of Federal Elections. registered voters; (c) Number of new registrations in jurisdictions with Same published in the Federal Register, in DATES: Written comments must be Day Registration or Election Day text or Adobe Portable Document submitted on or before 4 p.m. EDT on registration; (d) Number of voter Format (PDF) on the Internet at the February 11, 2010. registration applications received from following site: http://www.ed.gov/news/ Comments: Public comments are fedregister. To use PDF you must have all sources; (f) Number of voter invited on: (a) Whether the proposed registration applications that were Adobe Acrobat Reader, which is collection of information is necessary available free at this site. duplicates, invalid or rejected, new, for the proper performance of the changes of name, address, party, and not Note: The official version of this document functions of the agency, including is the document published in the Federal categorized; (g) Number of new, whether the information shall have duplicate, and invalid registration Register. Free Internet access to the official practical utility; (b) the accuracy of the edition of the Federal Register and the Code applications received from all sources; agency’s estimate of the burden of the (h) Total number of removal/ of Federal Regulations is available on GPO proposed information collection; (c) Access at: http://www.gpoaccess.gov/nara/ confirmation notices mailed to voters index.html. ways to enhance the quality, utility, and and the reason for removal; (i) total clarity of the information to be number of voters removed from the Dated: January 6, 2010. collected; and (d) ways to minimize the registration list or moved to the inactive Kevin Jennings, burden of the information collection on registration list. Assistant Deputy Secretary for Safe and Drug- respondents, including through the use Free Schools. of automated collection techniques or Uniformed & Overseas Citizens [FR Doc. 2010–390 Filed 1–11–10; 8:45 am] other forms of information technology. Absentee Voting Act (UOCAVA) BILLING CODE 4000–01–P Additional Information: Please note (a) Total number of UOCAVA that the Office of Management and absentee ballots transmitted, returned Budget (OMB) has up to 60 days to and submitted for counting (cast), and ELECTION ASSISTANCE COMMISSION approve or disapprove the information counted; (b) Total number of UOCAVA collection, but may respond after 30 absentee ballots not counted and the Submission for OMB Review—2010 days. Comments on the proposed reason for rejection; (c) Total number of Election Administration and Voting information collection should be Federal Write-in Absentee Ballots Survey; Comment Request submitted to OMB within 30 days of returned and cast by UOCAVA voters. this notice. Comments should be sent to AGENCY: U.S. Election Assistance the attention of the Alex Hunt, Desk Election Administration Commission (EAC). Officer for the U.S. Election Assistance (a) Total number of precincts in the ACTION: Notice. Commission, Office of Information and state/jurisdiction; (b) Number of polling Regulatory Affairs, Office of places available for voting in the SUMMARY: On September 8, 2009, the Management and Budget, Washington, November 2010 Federal general EAC published a notice in accordance DC 20503. Comments sent to OMB election; (c) Number of poll workers with Section 3506(c)(2)(A) of the should also be sent to EAC at used for Election Day; (d) Extent to Paperwork Reduction Act of 1995. EAC [email protected]. which jurisdictions had enough poll announced an information collection Obtaining a Copy of the Survey: To workers available for the general and sought public comment on the obtain a free copy of the survey: (1) election. provisions thereof. The EAC, pursuant Access the EAC Web site at http:// Election Day Activities to 5 CFR 1320.5(a)(iii), intends to www.eac.gov; (2) write to the EAC submit this proposed information (including your address and phone (a) Total number of persons who collection (2010 Election number) at U.S. Election Assistance voted in the 2010 Federal general Administration and Voting Survey) to Commission, 1225 New York Avenue, election; (b) The source of the the Director of the Office of NW., Suite 1100, Washington, DC participation number—poll books, Management and Budget for approval. 20005, ATTN: Election Administration ballots counted, vote history; (c) Total The 2010 Election Administration and and Voting Survey. number of first-time voters who Voting Survey (Survey) asks election registered by mail and were required to FOR FURTHER INFORMATION CONTACT: officials questions concerning voting Ms. provide identification in order to vote; and election administration. These Karen Lynn-Dyson or Ms. Shelly (d) Number of voters who appeared on questions request information Anderson at (202) 566–3100. the permanent absentee voter concerning ballots cast; voter SUPPLEMENTARY INFORMATION: registration list; (e) Number of absentee registration; overseas and military Title and OMB Number: 2010 Election ballots requested, received, counted, voting; Election Day activities; voting Administration and Voting Survey; and not counted; (f) Reasons for technology; and other important issues. OMB Number Pending. absentee ballot rejection; (g) Number of The EAC issues the survey to meet its Summary of the Collection of provisional ballots cast, counted, and obligations under the Help America Information: The survey requests rejected; (h) Reasons for provisional Vote Act to serve as national information on a state- and county-level ballot rejection; (i) Use of electronic and clearinghouse and resource for the (or township-, independent city-, printed poll books during the 2010

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Federal general election; (j) Type and to the information above, where available to the general public.’’ States number of voting equipment used for applicable. that complete and timely submit the the 2010 Federal general election; (k) Needs and Uses: The EAC issues the UOCAVA section of the survey to the Type of process in which voting survey to meet its obligations under the EAC will fulfill their UOCAVA equipment was used—precinct, Help America Vote Act to serve as reporting requirement under 42 U.S.C. absentee, early vote site, accessible to national clearinghouse and resource for 1973ff–1(c). In order to fulfill the above disabled voters, provisional voting; (l) the compilation of information with requirements, the EAC is seeking Location in which votes were tallied— respect to the administration of Federal information relating to the period from central location, precinct/polling place, elections; to fulfill its data collection the Federal general Election Day 2008 or early vote site; (m) General comments requirements under the Uniformed and +1 through the November 2010 Federal regarding the jurisdiction’s Election Day Overseas Citizens Absentee Voting Act general election. experiences. (UOCAVA); and meet its National Voter Affected Public (Respondents): State governments, the District of Columbia, 2010 Election Results Registration Act (NVRA) mandate to collect information from states Commonwealth of Puerto Rico, Guam, Total number of votes cast—at polling concerning the impact of that statute on American Samoa, and the United States places, via absentee ballot, at early vote the administration of Federal Elections. Virgin Islands. centers, via provisional ballots. The Help America Vote Act of 2002 Affected Public: State government Statutory Overview (2010 Federal (HAVA) (42 U.S.C. 15322) requires the Number of Respondents: 55 Responses per Respondent: 1 General Election) EAC to serve as a national clearinghouse Estimated Burden per Response: 147 (a) Information on whether the state is and resource for the compilation of hours exempt from the National Voter information and review of procedures Estimated Total Annual Burden Registration Act (NVRA); (b) State with respect to the administration of Hours: 8,085 hours definition of terms—over-vote, under- Federal Elections. This includes the Frequency: Biennially vote, blank ballot, void/spoiled ballot, obligation to study and report on provisional/challenged ballot; (c) State election activities, practices, policies, Thomas R. Wilkey, definition of inactive and active voter; and procedures, including methods of Executive Director, U.S. Election Assistance (d) State provision for voter voter registration, methods of Commission. identification at registration, for in- conducting provisional voting, poll [FR Doc. 2010–367 Filed 1–11–10; 8:45 am] person voting, and for mail-in or worker recruitment and training, and BILLING CODE 6820–KF–P absentee voting; (e) information on legal such other matters as the Commission citation for changes to election laws or determines are appropriate. In addition, procedures enacted or adopted since the under the National Voter Registration DEPARTMENT OF ENERGY previous Federal general election; (f) Act (NVRA), the EAC is responsible for collecting information and reporting, Amended Record of Decision: Idaho State definition of voter registration; (g) High-Level Waste and Facilities Process used for moving voters from biennially, to the United States Congress on the impact of that statute. The Disposition Final Environmental active to inactive lists and from inactive Impact Statement; Correction to active; (h) State deadline for information the States are required to registration for the Federal general submit to the EAC for purposes of the AGENCY: U.S. Department of Energy. election; (i) Information of whether the NVRA report are found under Title 11 ACTION: Amended Record of Decision; state is an Election Day/Same Day of the Code of Federal Regulations. Correction. Registration state; (j) Description of state States that respond to questions in this voter registration database system— survey concerning voter registration SUMMARY: The Department of Energy bottom-up or top-down; (k) State voter related matters will meet their NVRA (DOE) published a document in the removal/confirmation notices processes; reporting requirements under 42 U.S.C. Federal Register of January 4, 2010, (l) Agency or department that is 1973gg–7 and EAC regulations. Finally, announcing an amended Record of responsible for list maintenance; (m) the Uniformed and Overseas Citizens Decision (ROD) for the Idaho High-Level Information on whether there are Absentee Voters Act (UOCAVA) Waste and Facilities Disposition Final electronic links between the voter mandates that EAC create a Environmental Impact Statement. This registrar’s office and other state standardized format for state reporting document corrects an error in that agencies; (n) State’s use of National of UOCAVA voting information (42 notice. Change of Address (NCOA); (o) State’s U.S.C. 1973ff–1). Additionally, FOR FURTHER INFORMATION CONTACT: voting eligibility requirements as they UOCAVA requires that ‘‘not later than Requests for additional information on relate to convicted felons; (p) Tabulation 90 days after the date of each regularly this Amended ROD should be directed of votes cast at a place other than the scheduled general election for Federal to Nolan R. Jensen, Federal Project voter’s precinct; (q) Provision for voting office, each State and unit of local Director, U.S. DOE Idaho Operations absentee; (r) State tracking of the date of government which administered the Office, 1955 Fremont Avenue, MS 1222, all ballots cast before election day; (s) election shall (through the State, in the Idaho Falls, ID 83415, telephone (208) Provision for mail-in voting in place of case of a unit of local government) 526–5793. at-the-precinct voting; (t) Acceptance or submit a report to the Election rejection of provisional ballots of voters Assistance Commission (established Correction registered in a different precinct; (u) under the Help America Vote Act of In the Federal Register of January 4, State process for capturing over-votes 2002) on the combined number of 2010, in FR Doc. E9–31151, please make and under-votes; (v) Processes and absentee ballots transmitted to absent the following correction: procedures for implementing the MOVE uniformed services voters and overseas On page 137, third column, under the Act and capturing data related to MOVE voters for the election and the combined heading DEPARTMENT OF ENERGY, Act requirements. States and territories number of such ballots which were the heading is corrected to read: that submitted a Statutory Overview for returned by such voters and cast in the Amended Record of Decision: Idaho 2008 will be asked to provide updates election, and shall make such a report High-Level Waste and Facilities

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Disposition Final Environmental Impact The Final Power Allocation is Program is to require planning for Statement published to show Western’s decisions efficient electric energy use by Issued in Washington, DC, on January 5, prior to beginning the contractual phase Western’s long-term firm power 2010. of the process. A firm electric service customers and to extend Western’s firm Mark Gilbertson, contract, between Western and the power resource commitments. One allottee in this notice, will provide for Acting Chief Technical Officer for aspect of the Program is to establish Environmental Management. an allocation of power to the allottee project-specific power resource pools beginning with the January 2011 billing [FR Doc. 2010–319 Filed 1–11–10; 8:45 am] and allocate power from these pools to period through the December 2020 new preference customers. This Post- BILLING CODE 6450–01–P billing period. 2010 Resource Pool is the final resource DATES: The Power Allocation is effective pool under the Program. DEPARTMENT OF ENERGY February 11, 2010. Western published its proposed ADDRESSES: Information about this allocation in the Federal Register (74 FR Western Area Power Administration Power Allocation, including letters and 37702, July 29, 2009), and initiated a other supporting documents made or public comment period. A public Post-2010 Resource Pool, Pick-Sloan kept by Western in developing the final information and comment forum on the Missouri Basin Program—Eastern allocation, is available for public proposed allocation was held on Division inspection and copying at the Upper September 17, 2009. The public AGENCY: Western Area Power Great Plains Region, Western Area comment period ended on September Administration, DOE. Power Administration, 2900 4th Avenue 28, 2009. Western received no public North, Billings, MT 59101–1266. comments during the public comment ACTION: Notice of final power allocation. FOR FURTHER INFORMATION CONTACT: John period on the proposed allocation. SUMMARY: Western Area Power A. Pankratz, Public Utilities Specialist, The Procedures, in conjunction with Administration (Western), Upper Great Upper Great Plains Region, Western the Post-1985 Marketing Plan (45 FR Plains Region, a Federal power Area Power Administration, 2900 4th 71860, October 30, 1980), establish the marketing agency of the Department of Avenue North, Billings, MT 59101– framework for allocating power from the Energy (DOE), hereby announces the 1266, telephone (406) 247–7392, e-mail P–SMBP—ED. [email protected]. Post-2010 Resource Pool Power Final Allocation of Power Allocation (Power Allocation) to fulfill SUPPLEMENTARY INFORMATION: Western the requirements of the Energy Planning published the final Post-2010 Resource The Power Allocation for the new and Management Program (Program). Pool Allocation Procedures (Procedures) customer was calculated using the The Power Allocation comes from a in the Federal Register (74 FR 20697, Procedures. As defined in the Post-1985 Federal power resource pool of the long- May 5, 2009), to implement Subpart C– Marketing Plan criteria under the term marketable resource of the Pick- Power Marketing Initiative of the Procedures, the summer allocation is Sloan Missouri Basin Program—Eastern Program’s Final Rule (10 CFR 905), 24.84413 percent of peak summer load; Division (P–SMBP—ED) that is available published in the Federal Register (60 the winter allocation is 35.98853 January 1, 2011. Western will use power FR 54151, October 20, 1995). The percent of peak winter load. The final previously returned to Western for this Program, developed in part to Power Allocation of power for the new resource pool and will not need to implement section 114 of the Energy eligible customer and the load, which withdraw power from existing Policy Act of 1992, became effective on this allocation is based upon, is as customers. November 20, 1995. The goal of the follows:

Post-2010 2007 Summer 2007 Winter Resource pool power alloca- season peak season peak tion New customer load load (kilowatts) (kilowatts) Summer kilo- Winter kilo- watts watts

City of New Ulm, MN ...... 1,626 1,301 404 468

The final Power Allocation for the Post-2010 Resource Pool Procedures Dated: January 5, 2010. City of New Ulm, Minnesota, is based Requirements Timothy J. Meeks, on the P–SMBP—ED marketable Environmental Compliance Administrator. resource available at this time. Western, [FR Doc. 2010–320 Filed 1–11–10; 8:45 am] in accordance with 10 CFR 905.32(e)(2) In compliance with the National BILLING CODE 6450–01–P of the Program, will use power Environmental Policy Act (NEPA) of previously placed under contract and 1969 (42 U.S.C. 4321–4347 (2007)); the subsequently returned to Western Council on Environmental Quality through termination of that contract for Regulations for implementing NEPA (40 this final Power Allocation. A firm CFR parts 1500–1508); and DOE NEPA electric service contract will be offered Implementing Procedures and by Western to the City of New Ulm, Guidelines (10 CFR part 1021), Western Minnesota. If the P–SMBP—ED has determined that this action is marketable resource is adjusted in the categorically excluded from further future, the Power Allocation may be NEPA review. adjusted accordingly.

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ENVIRONMENTAL PROTECTION Tribe or local government has sufficient Information on the Integrated Risk AGENCY legal authority to implement the Information System (IRIS)’’ (EPA/635/R– electronic reporting components of the 09/013). The draft document was [FRL–9102–4] programs covered by the application prepared by the National Center for Cross-Media Electronic Reporting Rule and will use electronic document Environmental Assessment (NCEA) State Authorized Program Revision receiving systems that meet the within the EPA’s Office of Research and Approval: State of New York applicable subpart D requirements. Development (ORD). The public On August 21, 2009, the State of New comment period and the EPA Science AGENCY: Environmental Protection York Department of Environmental Advisory Board (SAB) meeting, which Agency (EPA). Conservation (NYDEC) submitted an will be scheduled at a later date and ACTION: Notice. application for its Hazardous Waste announced in the Federal Register, are Annual Reporting System (HWARS) for separate processes that provide SUMMARY: This notice announces EPA’s revision of its EPA-authorized program opportunities for all interested parties to approval, under regulations for Cross- under title 40 CFR. EPA reviewed comment on the document. EPA intends Media Electronic Reporting, of the State NYDEC’s request to revise its EPA- to forward the public comments that are of New York’s request to revise its EPA- authorized program and, based on this submitted in accordance with this authorized program to allow electronic review, EPA determined that the notice to the SAB peer-review panel reporting. application met the standards for prior to the meeting for their DATES: EPA’s approval is effective approval of authorized program consideration. When finalizing the draft January 12, 2010. revisions set out in 40 CFR part 3, document, EPA intends to consider any FOR FURTHER INFORMATION CONTACT: Evi subpart D. In accordance with 40 CFR public comments that EPA receives in Huffer, U.S. Environmental Protection 3.1000(d), this notice of EPA’s decision accordance with this notice. Agency, Office of Environmental to approve New York’s request for EPA is also announcing a listening Information, Mail Stop 2823T, 1200 revision to its authorized program is session to be held on February 23, 2010, Pennsylvania Avenue, NW., being published in the Federal Register. during the public comment period for Washington, DC 20460, (202) 566–1697, Specifically, EPA has approved the this draft document. This listening [email protected], or David Schwarz, State of New York’s request to revise its session is a step in EPA’s revised IRIS U.S. Environmental Protection Agency, Part 272—Approved State Hazardous process, announced on May 21, 2009, to Office of Environmental Information, Waste Management Programs EPA- develop human health assessments for Mail Stop 2823T, 1200 Pennsylvania authorized program for electronic inclusion in the IRIS database. The Avenue, NW., Washington, DC 20460, reporting of hazardous waste purpose of the listening session is to (202) 566–1704, information under 40 CFR parts 262, allow all interested parties to present [email protected]. 264, and 265, for electronic submissions scientific and technical comments on SUPPLEMENTARY INFORMATION: On that do not include an electronic draft IRIS health assessments to EPA October 13, 2005, the final Cross-Media signature but instead provide for a and other interested parties during the Electronic Reporting Rule (CROMERR) handwritten signature on a separate public comment period and before the was published in the Federal Register paper submission report. external peer review meeting. EPA (70 FR 59848) and codified as part 3 of NYDEC was notified of EPA’s welcomes the scientific and technical title 40 of the CFR. CROMERR determination to approve its application comments that will be provided to the establishes electronic reporting as an with respect to the authorized programs Agency by the listening session acceptable regulatory alternative to listed above. participants. The comments will be paper reporting and establishes Dated: December 29, 2009. considered by the Agency as it revises requirements to assure that electronic Lisa Schlosser, the draft assessment in response to the independent external peer review and documents are as legally dependable as Director, Office of Information Collection. the public comments. All presentations their paper counterparts. Subpart D of [FR Doc. 2010–339 Filed 1–11–10; 8:45 am] CROMERR, requires that State, Tribal or submitted to EPA according to the BILLING CODE 6560–50–P local government agencies that receive, instructions below will become part of or wish to begin receiving, electronic the official public record. EPA is releasing this draft document reports under their EPA-authorized ENVIRONMENTAL PROTECTION solely for the purpose of pre- programs must apply to EPA for a AGENCY revision or modification of those dissemination peer review under programs and get EPA approval. Subpart [FRL–9097–6; Docket ID No. EPA–HQ–ORD– applicable information quality D provides standards for such approvals 2009–0398] guidelines. This document has not been based on consideration of the electronic formally disseminated by EPA. It does Draft Toxicological Review of not represent and should not be document receiving systems that the Methanol: In Support of the Summary State, Tribe, or local government will construed to represent any Agency Information in the Integrated Risk policy or determination. use to implement the electronic Information System (IRIS) reporting. Additionally, in § 3.1000(b) DATES: The public comment period through (e) of 40 CFR part 3, subpart D AGENCY: Environmental Protection begins January 12, 2010, and ends provides special procedures for program Agency (EPA). March 15, 2010. Technical comments revisions and modifications to allow ACTION: Notice of public comment should be in writing and must be electronic reporting, to be used at the period and listening session. received by EPA by March 15, 2010. option of the State, Tribe or local The listening session on the draft IRIS government in place of procedures SUMMARY: EPA is announcing a public health assessment for methanol will be available under existing program- comment period and a public listening held on February 23, 2010, beginning at specific authorization regulations. An session for the external review draft 9 a.m. and ending at 4 p.m., Eastern application submitted under the subpart document titled ‘‘Toxicological Review Standard Time. If you would like to D procedures must show that the State, of Methanol: In Support of Summary make a presentation at the listening

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session, you should register by February calling Christine Ross at 703–347–8592; Alexander Drive, B243–01, Durham, NC 16, 2010, indicate that you wish to make or by faxing a registration request to 27711; telephone: 919–541–4828; oral comments at the session, and 703–347–8689. Please reference the facsimile: 919–541–0245; or e-mail: indicate the length of your presentation. ‘‘Methanol Listening Session’’ and [email protected]. When you register, please indicate if include your name, title, affiliation, full SUPPLEMENTARY INFORMATION: you will need audio-visual aid (e.g., lap address and contact information. Please top and slide projector). In general, each note that to gain entrance to this EPA I. Information About IRIS presentation should be no more than 30 building to attend the meeting, IRIS is a database that contains minutes. If, however, there are more attendees must have photo potential adverse human health effects requests for presentations than the identification with them and must information that may result from allotted time allows, then the time limit register at the guard’s desk in the lobby. chronic (or lifetime) exposure to specific for each presentation will be adjusted. A The guard will retain your photo chemical substances found in the copy of the agenda for the listening identification and will provide you with environment. The database (available on session will be available at the meeting. a visitor’s badge. At the guard’s desk, the Internet at http://www.epa.gov/iris) If no speakers have registered by attendees should give the name contains qualitative and quantitative February 16, 2010, the listening session Christine Ross and the telephone health effects information for more than will be cancelled and EPA will notify number, 703–347–8592, to the guard on 540 chemical substances that may be those registered of the cancellation. duty. The guard will contact Ms. Ross used to support the first two steps Listening session participants who who will meet you in the reception area (hazard identification and dose- want EPA to share their comments with to escort you to the meeting room. When response evaluation) of a risk the external peer reviewers should also you leave the building, please return assessment process. When supported by submit written comments during the your visitor’s badge to the guard and available data, the database provides public comment period using the you will receive your photo oral reference doses (RfDs) and detailed and established procedures identification. inhalation reference concentrations described in the SUPPLEMENTARY A teleconference line will also be (RfCs) for chronic health effects, and INFORMATION section of this notice. available for registered attendees/ oral slope factors and inhalation unit Comments submitted to the docket prior speakers. The teleconference number is risks for carcinogenic effects. Combined to the end of the public comment period 866–299–3188 and the access code is with specific exposure information, will be submitted to the external peer 926–378–7897, followed by the pound government and private entities can use reviewers and considered by EPA in the sign (#). The teleconference line will be IRIS data to help characterize public disposition of public comments. All activated at 8:45 am, and you will be health risks of chemical substances in a comments must be submitted to the asked to identify yourself and your site-specific situation and thereby docket. Comments received after the affiliation at the beginning of the call. support risk management decisions public comment period closes will not Information on Services for designed to protect public health. be submitted to the external peer Individuals with Disabilities: EPA reviewers. welcomes public attendance at the II. How To Submit Technical Comments to the Docket at http:// ADDRESSES: The draft ‘‘Toxicological Methanol Listening Session and will www.regulations.gov Review of Methanol: In Support of make every effort to accommodate Summary Information on the Integrated persons with disabilities. For Submit your comments, identified by Risk Information System (IRIS)’’ is information on access or services for Docket ID No. EPA–HQ–ORD–2009– available primarily via the Internet on individuals with disabilities, please 0398 by one of the following methods: the NCEA home page under the Recent contact Christine Ross at 703–347–8592 • http://www.regulations.gov: Follow Additions and Publications menus at or [email protected]. To the on-line instructions for submitting http://www.epa.gov/ncea. A limited request accommodation of a disability, comments. number of paper copies are available please contact Ms. Ross, preferably at • E-mail: [email protected]. from the Information Management least 10 days prior to the meeting, to • Fax: 202–566–1753. Team, NCEA; telephone: 703–347–8561; give EPA as much time as possible to • Mail: Office of Environmental facsimile: 703–347–8691. If you are process your request. Information (OEI) Docket (Mail Code: requesting a paper copy, please provide FOR FURTHER INFORMATION CONTACT: For 2822T), U.S. Environmental Protection your name, mailing address, and the information on the public comment Agency, 1200 Pennsylvania Ave., NW., document title. period, contact the Office of Washington, DC 20460. The phone Comments may be submitted Environmental Information Docket; number is 202–566–1752. electronically via http:// telephone: 202–566–1752; facsimile: • Hand Delivery: The OEI Docket is www.regulations.gov, by mail, by 202–566–1753; or e-mail: located in the EPA Headquarters Docket facsimile, or by hand delivery/courier. [email protected]. Center, EPA West Building, Room 3334, Please follow the detailed instructions For information on the public 1301 Constitution Ave., NW., as provided in the SUPPLEMENTARY listening sessions, please contact Washington, DC. The EPA Docket INFORMATION section of this notice. Christine Ross, IRIS Staff, National Center’s Public Reading Room is open The listening session on the draft Center for Environmental Assessment, from 8:30 a.m. to 4:30 p.m., Monday methanol assessment will be held at the (8601P), U.S. EPA, 1200 Pennsylvania through Friday, excluding legal EPA offices at Two Potomac Yard Avenue, NW., Washington, DC 20460; holidays. The telephone number for the (North Building), 7th Floor, Room 7100, telephone: 703–347–8592; facsimile: Public Reading Room is 202–566–1744. 2733 South Crystal Drive, Arlington, 703–347–8689; or e-mail: Such deliveries are only accepted Virginia, 22202. To attend the listening [email protected]. during the docket’s normal hours of session, register by February 16, 2010, If you have questions about the operation, and special arrangements by sending an e-mail to document, contact Jeffrey Gift, Ph.D., should be made for deliveries of boxed [email protected], (subject National Center for Environmental information. If you provide comments line: Methanol Listening Session); by Assessment (NCEA), U.S. EPA, 109 T.W. by mail or hand delivery, please submit

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one unbound original with pages the OEI Docket in the EPA Headquarters in the event Ex-Im Bank approves the numbered consecutively, and three Docket Center. Insured’s claim for payment, a check will be issued payable to the order of the Insured, copies of the comments. For Dated: December 17, 2009. attachments, provide an index, number unless the Insured provides the name of an Rebecca Clark, assignee on the ‘‘Notice of Claim and Proof pages consecutively with the comments, of Loss’’ in which case a check will be and submit an unbound original and Acting Director, National Center for Environmental Assessment. forwarded to the assignee, made payable three copies. [FR Doc. 2010–338 Filed 1–11–10; 8:45 am] jointly to the order of the Insured and the Instructions: Direct your comments to assignee named on the Notice of Claim and Docket ID No. EPA–HQ–ORD–2009– BILLING CODE 6560–50–P Proof of Loss. 0398. Please ensure that your comments To: are submitted within the specified EXPORT-IMPORT BANK OF THE U.S. in the event Ex-Im Bank approves the comment period. Comments received Insured’s claim for payment, a wire transfer after the closing date will be marked [Public Notice 141] will be made to an assignee designated by the ‘‘late,’’ and may only be considered if Insured on the ‘‘Notice of Claim and Proof of time permits. It is EPA’s policy to Agency Information Collection Loss.’’ include all comments it receives in the Activities: Comment Request public docket without change and to Section C 2(b) make the comments available online at AGENCY: Export-Import Bank of the U.S. Change: http://www.regulations.gov, including ACTION: Submission for OMB Review to make all claim payments relating to this any personal information provided, and Comments Request, OMB 3048– assignment by check forwarded to the unless a comment includes information 0020. Assignee, made payable jointly to the order claimed to be confidential Business of the Insured and the Assignee. Information (CBI) or other information Form Title To: whose disclosure is restricted by statute. Do not submit information that you Notification by Insured of Amounts to make all claim payments relating to this Payable Under Multi-Buyer Export assignment by wire transfer to the Assignee, consider to be CBI or otherwise payable to the Assignee. protected through http:// Credit Insurance Policy (Standard www.regulations.gov or e-mail. The Assignment) EIB 92–31. Changes to form: Notification by http://www.regulations.gov Web site is Notification by Insured of Amounts Insured of Amounts Payable under an ‘‘anonymous access’’ system, which Payable Under Single Buyer Export Single Buyer Export Credit Insurance means EPA will not know your identity Credit Insurance Policy (Standard Policy (Standard Assignment) EIB 92– or contact information unless you Assignment) EIB 92–32. 32. Small Business Multi-Buyer Export provide it in the body of your comment. Section B 3(b) If you send an e-mail comment directly Credit Insurance Policy Enhanced to EPA without going through http:// Assignment of Policy Proceeds EIB Change: www.regulations.gov, your e-mail 92–53. in the event Ex-Im Bank approves the address will be automatically captured Small Business Single Buyer Export Insured’s claim for payment, a check will be and included as part of the comment Credit Insurance Policy Enhanced issued payable to the order of the Insured, that is placed in the public docket and Assignment of Policy Proceeds EIB unless the Insured provides the name of an ‘‘ made available on the Internet. If you 99–17. assignee on the Notice of Claim and Proof of Loss’’. In which case a check will be submit an electronic comment, EPA SUMMARY: The Export-Import Bank of the United States (Ex-Im Bank), as a part forwarded to the assignee, made payable recommends that you include your jointly to the order of the Insured and the name and other contact information in of its continuing effort to reduce assigned named on the Notice of Claim and the body of your comment and with any paperwork and respondent burden, Proof of Loss. invites the general public and other disk or CD–ROM you submit. If EPA To: cannot read your comment due to Federal Agencies to comment on the technical difficulties and cannot contact proposed information collection, as in the event Ex-Im Bank approves the you for clarification, EPA may not be required by the Paperwork Reduction Insured’s claim for payment, a wire transfer able to consider your comment. Act of 1995. By neutralizing the effect will be made to an assignee designated by the of export credit insurance and Insured on the ‘‘Notice of Claim and Proof of Electronic files should avoid the use of Loss.’’ special characters, any form of guarantees offered by foreign encryption, and be free of any defects or government and by absorbing credit Section C 2(b) viruses. For additional information risks that the provide section will not Change: about EPA’s public docket visit the EPA accept, Export Import Bank enables U.S. Docket Center homepage at http:// exporters to compete fairly in foreign to make all claim payments relating to this markets. These collections of assignment by check forwarded to the www.epa.gov/epahome/dockets.htm. Assignee, made payable jointly to the order Docket: All documents in the docket information are used by exporters to of the Insured and the Assignee. are listed in the http:// convey legal rights to their financial www.regulations.gov index. Although institution lenders to share insurance To: listed in the index, some information is policy proceeds from Export Import to make all claim payments relating to this not publicly available, e.g., CBI or other Bank approved insurance claims. assignment by wire transfer to the Assignee, information whose disclosure is Changes to Form: Notification by payable to the Assignee. restricted by statute. Certain other Insured of Amounts Payable under Changes to Form: Small Business material, such as copyrighted material, Multi-Buyer Export Credit Insurance Multi-Buyer Export Credit Insurance will be publicly available only in hard Policy (Standard Assignment) EIB 92– Policy Enhanced Assignment of Policy copy. Publicly available docket 31. Proceeds EIB 92–53. materials are available either electronically in http:// Section B 5(b) Section C.2. (c) www.regulations.gov or in hard copy at Change: Change:

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A bill of lading identifying the Insured and The numbering sequence of these sections EXPORT-IMPORT BANK the Buyer and evidencing the export of the products shipped; and To: [Public Notice 140] Sections G.4, G.5, G.6, G.7, G8 To: Agency Information Collection A bill of lading (or other shipping And insert as a new Section G.3. Activities: Final Collection; Comment documents) identifying the Insured and the To: Request Buyer and evidencing the export of the G.3. Ex-Im Bank has the right to amend or products shipped; and cancel this Agreement upon written notice to AGENCY: Export-Import Bank of the U.S. Section D 2 both the Assignee and the Insured. Such ACTION: Submission for OMB review and notice shall be effective seven (7) business comments request. Change: days after the date of the notice and apply If in Ex-Im Bank’s sole discretion, it to shipments after the effective date of the Form Title: Competitiveness Report determines that the Insured has complied notice. Neither the Assignee nor the Insured Survey EIB 00–02. OMB 3048–003. with the terms of the Policy and the may amend or cancel this Agreement without SUMMARY: The Export-Import Bank of Agreements of the Insured contained herein, the written consent of all parties to this the United States (Ex-Im Bank), as a part amounts payable under the Policy will be Agreement, including Ex-Im Bank. of its continuing effort to reduce made jointly to the Assignee and the Insured; DATES: Comments should be received on paperwork and respondent burden, otherwise payable under the Policy and this or before (30 days after publication) to Agreement will be made solely to the invites the general public and other Assignee. be assured of consideration. Federal Agencies to comment on the ADDRESSES: proposed information collection, as To: Comments maybe submitted through http://www.regulations.gov or required by the Paperwork Reduction If in Ex-Im Bank’s sole discretion, it mailed to: Office of Management and Act of 1995. Our customers will be able determines that the Insured has complied Budget, Office of Information and to submit this form on paper or with the terms of the Policy and the electronically. Agreements of the Insured contained herein, Regulatory Affairs, 725 17th Street, amounts payable under the Policy will be NW., Washington, DC 20038. The purpose of this survey is to fulfill made solely to the Assignee by wire transfer. SUPPLEMENTARY INFORMATION: the statutory mandate (Export-Import Act of 1945, as amended, 12 U.S.C. 635) Changes to Form: Small Business Titles and Form Numbers which directs the Export-Import Bank to Single Buyer Export Credit Insurance Notification by Insured of Amounts report annually to Congress any action Policy Enhanced Assignment of Policy taken toward providing export credit Proceeds EIB 99–17. Payable Under Multi-Buyer Export Credit Insurance Policy (Standard programs that are competitive with Section C.2. (c) Assignment) EIB 92–31. those offered by official foreign export Change: Notification by Insured of Amounts credit agencies. The following changes have been A bill of lading identifying the Insured and Payable Under Single Buyer Export Credit Insurance Policy (Standard made to the survey: the Buyer and evidencing the export of the 1. Added question—Years in Business products shipped; and Assignment) EIB 92–32. in Part 1, Question 1. To: Small Business Multi-Buyer Export Credit Insurance Policy Enhanced 2. Removed ‘‘Medium-term Loan’’ as A bill of lading (or other shipping Assignment of Policy Proceeds EIB an option in Part 1, Question 4. documents) identifying the Insured and the 92–53. 3. Added question—How many Buyer and evidencing the export of the applications did your organization file products shipped: and Small Business Single Buyer Export Credit Insurance Policy Enhanced with Ex-Im Bank in CY 2009 in Part 1, Section D 2 Assignment of Policy Proceeds EIB Question 2. 4. Changed the option ‘‘Never’’ to ‘‘N/ Change: 99–17. A’’ in Part 2, Questions 1 and 2. If in Ex-Im Bank’s sole discretion, it OMB Number: 3048–0020. 5. Removed the option ‘‘N/A’’ in determines that the Insured has complied Type of Review: Regular. ‘‘Other’’ in Part 2, Questions 1 and 2. with the terms of the Policy and the Need and Use: The information 6. Added ‘‘Services’’ category to Part 3, Agreements of the Insured contained herein, collected will be used to make a amounts payable under the Policy will be Question 3. determination of eligibility under the 7. Added ‘‘Local Costs’’ to Part 3, made jointly to the Assignee and the Insured; Ex-Im Bank’s short-term insurance otherwise payable under the Policy and this Question 5. Agreement will be made solely to the program. We received one comment from the Assignee. Affected Public: This form affects public on our sixty day Federal Register entities involved in the export of U.S. To: Notice. The comment requested that we goods and services. re-evaluate the length of time it takes to If in Ex-Im Bank’s sole discretion, it Annual Number of Respondents: 400. complete the form. We have adjusted determines that the Insured has complied Estimated Time per Respondent: 1 with the terms of the Policy and the our estimates to address this comment. hour. Agreements of the Insured contained herein, DATES: Comments should be received on amounts payable under the Policy will be Government Annual Burden Hours: or before February 11, 2010 to be made solely to the Assignee by wire transfer 400. assured of consideration. Frequency of Reporting or Use: Section F Annual for an enhanced assignment. ADDRESSES: Comments maybe submitted Add a new sub-section 4 as follows: Once for the life of a policy for the through http://www.regulations.gov or standard Assignment. mailed to Office of Management and 4. that represents exclusively invoices for Budget, Office of Information and services, unless prior approval is obtained Sharon A. Whitt, from Ex-Im Bank. Regulatory Affairs, 725 17th Street, NW, Agency Clearance Officer. Washington, DC 20038. Sections G.3, G.4, G.5, G.6 and G.8 [FR Doc. 2010–360 Filed 1–11–10; 8:45 am] OMB Number 3048–0004. Change: BILLING CODE 6690–01–P SUPPLEMENTARY INFORMATION:

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Titles and Form Number: EIB 00–02 BNPH–20091019AFZ, From LA PRYOR, considered in acting on the notices are Competitiveness Report Survey. TX, To UVALDE ESTATES, TX; M. set forth in paragraph 7 of the Act (12 OMB Number: 3048–003. KENT FRANDSON, Station KZHK, U.S.C. 1817(j)(7)). Type of Review: Regular. Facility ID 40519, BPH–20090813ABE, The notices are available for Need and Use: This information will From BUNKERVILLE, NV, To ST immediate inspection at the Federal be used to report annually to Congress GEORGE, UT; MLB–RICHMOND IV, Reserve Bank indicated. The notices any action taken toward providing LLC, Station WBBT–FM, Facility ID also will be available for inspection at export credit programs that are 31859, BPH–20091125ABI, From the office of the Board of Governors. competitive with those offered by POWHATAN, VA, To CHESTERFIELD Interested persons may express their official foreign export credit agencies. COURTHO, VA; NM LICENSING LLC, views in writing to the Reserve Bank Affected Public: This form affects Station WIIL, Facility ID 28473, BPH– indicated for that notice or to the offices entities involved in the export of U.S. 20091209AAC, From KENOSHA, WI, To of the Board of Governors. Comments goods and services. UNION GROVE, WI; PROVIDENT must be received not later than January Annual Number of Respondents: 125. BROADCASTING COMPANY, INC, 27, 2010. Estimated Time per Respondent: 0.25 Station WVFJ–FM, Facility ID 53679, A. Federal Reserve Bank of Chicago hours. BPH–20091124ACR, From (Colette A. Fried, Assistant Vice Government Annual Burden Hours: MANCHESTER, GA, To GREENVILLE, President) 230 South LaSalle Street, 6.25. GA; SUSQUEHANNA RADIO CORP., Chicago, Illinois 60690–1414: Frequency of Reporting or Use: Station KIKT, Facility ID 21597, BPH– 1. John E. Helgerson, Ottumwa, Iowa; Yearly. 20091207ABH, From GREENVILLE, TX, to acquire additional shares of Hedrick To COOPER, TX; SUTTON Bancorp, Inc., Hedrick, Iowa, and Sharon A. Whitt, RADIOCASTING CORPORATION, thereby indirectly acquire additional Agency Clearance Officer. Station WNCC–FM, Facility ID 14551, voting shares of Hedrick Savings Bank, [FR Doc. 2010–365 Filed 1–11–10; 8:45 am] BPH–20091125AEJ, From FRANKLIN, Ottumwa, Iowa. BILLING CODE 6690–01–P NC, To SYLVA, NC. Board of Governors of the Federal Reserve DATES: Comments may be filed through System, January 7, 2010. March 15, 2010. Robert deV. Frierson, FEDERAL COMMUNICATIONS ADDRESSES: Federal Communications Deputy Secretary of the Board. COMMISSION Commission, 445 Twelfth Street, SW., [FR Doc. 2010–363 Filed 1–11–10; 8:45 am] Washington, DC 20554. Radio Broadcasting Services; AM or BILLING CODE 6210–01–S FOR FURTHER INFORMATION CONTACT: FM Proposals To Change the Tung Bui, 202–418–2700. Community of License SUPPLEMENTARY INFORMATION: The full FEDERAL RESERVE SYSTEM AGENCY: text of these applications is available for Federal Communications Notice of Proposals to Engage in inspection and copying during normal Commission. Permissible Nonbanking Activities or business hours in the Commission’s ACTION: Notice. to Acquire Companies that are Reference Center, 445 12th Street, SW., Engaged in Permissible Nonbanking SUMMARY: The following applicants filed Washington, DC 20554 or electronically Activities AM or FM proposals to change the via the Media Bureau’s Consolidated community of license: COVENANT Data Base System, http:// The companies listed in this notice NETWORK, Station NEW, Facility ID svartifoss2.fcc.gov/prod/cdbs/pubacc/ have given notice under section 4 of the 171236, BMPED–20091118AGS, From prod/cdbs_pa.htm. A copy of this Bank Holding Company Act (12 U.S.C. ELDON, MO, To ST. THOMAS, MO; application may also be purchased from 1843) (BHC Act) and Regulation Y (12 COX RADIO, INC., Station WALR–FM, the Commission’s duplicating CFR Part 225) to engage de novo, or to Facility ID 48728, BPH–20091124ABA, contractor, Best Copy and Printing, Inc., acquire or control voting securities or From GREENVILLE, GA, To 445 12th Street, SW., Room CY–B402, assets of a company, including the PALMETTO, GA; DARBY Washington, DC 20554, telephone companies listed below, that engages ADVERTISING, INC., Station WGRL, 1–800–378–3160 or http:// either directly or through a subsidiary or Facility ID 170939, BMPH– www.BCPIWEB.com. other company, in a nonbanking activity 20091202ACC, From FREDERIC, MI, To James D. Bradshaw, that is listed in § 225.28 of Regulation Y WOLVERINE, MI; FEATHERS, JESSE R, (12 CFR 225.28) or that the Board has Station NEW, Facility ID 183346, Deputy Chief, Audio Division, Media Bureau, Federal Communications Commission. determined by Order to be closely BNPH–20091019AAS, From MCCALL, related to banking and permissible for [FR Doc. 2010–330 Filed 1–11–10; 8:45 am] ID, To HUNTINGTON, OR; FIFTH bank holding companies. Unless ESTATE COMMUNICATIONS, LLC, BILLING CODE 6712–01–P otherwise noted, these activities will be Station WHAN, Facility ID 8438, BMP– conducted throughout the United States. 20091125ABD, From ASHLAND, VA, Each notice is available for inspection To POWHATAN, VA; HAMPTONS FEDERAL RESERVE SYSTEM at the Federal Reserve Bank indicated. COMMUNITY RADIO CORPORATION, Change in Bank Control Notices; The notice also will be available for Station WEER, Facility ID 173471, Acquisition of Shares of Bank or Bank inspection at the offices of the Board of BMPED–20091029ABL, From Holding Companies Governors. Interested persons may EASTHAMPTON VILLAGE, NY, To express their views in writing on the MONTAUK, NY; HOLY FAMILY The notificants listed below have question whether the proposal complies COMMUNICATIONS, INC., Station applied under the Change in Bank with the standards of section 4 of the WJTA, Facility ID 175969, BMPED– Control Act (12 U.S.C. 1817(j)) and BHC Act. Additional information on all 20091125ADA, From LEIPSIC, OH, To § 225.41 of the Board’s Regulation Y (12 bank holding companies may be GLANDORF, OH; KING, BRYAN A, CFR 225.41) to acquire a bank or bank obtained from the National Information Station NEW, Facility ID 183324, holding company. The factors that are Center website at www.ffiec.gov/nic/.

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Unless otherwise noted, comments 4. IT Modernization Plan Update. be submitted by e-mail to regarding the applications must be 5. Quarterly Vendor Financial Report. [email protected]. received at the Reserve Bank indicated John Howard, or the offices of the Board of Governors 6. Review of Gross and Net Expense not later than January 27, 2010. Ratios. Director, National Institute for Occupational Safety and Health. A. Federal Reserve Bank of Atlanta Parts Closed to the Public (Steve Foley, Vice President) 1000 [FR Doc. 2010–332 Filed 1–11–10; 8:45 am] Peachtree Street, N.E., Atlanta, Georgia 7. Confidential Financial Information. BILLING CODE 4163–19–P 30309: CONTACT PERSON FOR MORE INFORMATION: 1. Florida Shores Bancorp, Inc., Smith Thomas J. Trabucco, Director, Office of DEPARTMENT OF HEALTH AND Associates Bank Fund Management External Affairs, (202) 942–1640. HUMAN SERVICES LLC, and Smith Associates Florida Banking Fund LLC, all of Pompano Dated: January 7, 2010. Health Resources and Services Beach, Florida; to collectively acquire at Thomas K. Emswiler, Administration least 60 percent of the voting shares of Secretary, Federal Retirement Thrift Coastal Bancorporation, Inc., and Investment Board. Agency Information Collection thereby indirectly acquire voting shares [FR Doc. 2010–441 Filed 1–8–10; 11:15 am] Activities: Proposed Collection; of Coastal Bank, both of Merritt Island, BILLING CODE 6760–01–P Comment Request Florida, and engage in operating a savings association, pursuant to section In compliance with the requirement 225.28(b)(4)(ii) of Regulation Y. for the opportunity for public comment on proposed data collection projects Comments regarding this application DEPARTMENT OF HEALTH AND (section 3506(c)(2)(A) of Title 44, United must be received by February 8, 2010. HUMAN SERVICES B. Federal Reserve Bank of Dallas (E. States Code, as amended by the Ann Worthy, Vice President) 2200 Decision To Evaluate a Petition To Paperwork Reduction Act of 1995, Pub. North Pearl Street, Dallas, Texas 75201– Designate a Class of Employees for L. 104–13), the Health Resources and 2272: the General Electric Company, Services Administration (HRSA) 1. American Bank Holding Evendale, OH, To Be Included in the publishes periodic summaries of Corporation, Corpus Christi, Texas; to Special Exposure Cohort proposed projects being developed for engage de novo through its subsidiary, submission to the Office of Management American Capital Solutions Group, Inc., AGENCY: National Institute for and Budget (OMB) under the Paperwork Corpus Christi, Texas, in financial and Occupational Safety and Health Reduction Act of 1995. To request more investment advisory activities, pursuant (NIOSH), Department of Health and information on the proposed project or to section 225.28(b)(6)(iii) of Regulation Human Services (HHS). to obtain a copy of the data collection Y. plans and draft instruments, e-mail ACTION: Notice. [email protected] or call the HRSA Board of Governors of the Federal Reserve Reports Clearance Officer at (301) 443– System, January 7, 2010. SUMMARY: HHS gives notice as required 1129. Robert deV. Frierson, by 42 CFR 83.12(e) of a decision to Comments are invited on: (a) The Deputy Secretary of the Board. evaluate a petition to designate a class proposal to continue collection of [FR Doc. 2010–362 Filed 1–11–10; 8:45 am] of employees for the General Electric information for the proper performance BILLING CODE 6210–01–S Company, Evendale, Ohio, to be of the functions of the Agency; (b) the included in the Special Exposure Cohort accuracy of the Agency’s estimate of the under the Energy Employees burden of the proposed collection of FEDERAL RETIREMENT THRIFT Occupational Illness Compensation information; (c) ways to enhance the INVESTMENT BOARD Program Act of 2000. The initial quality, utility, and clarity of the proposed definition for the class being information to be collected; and (d) Sunshine Act; Notice of Meeting evaluated, subject to revision as ways to minimize the burden of the warranted by the evaluation, is as collection of information on TIME AND DATE: 9 a.m. (Eastern Time), follows: respondents, including through the use January 19, 2010. Facility: General Electric Company. of automated collection techniques or PLACE: 4th Floor Conference Room, other forms of information technology. 1250 H Street, NW., Washington, DC Location: Evendale, Ohio. Proposed Project: Ryan White 20005. Job Titles and/or Job Duties: All Treatment and Modernization Act Part STATUS: Parts will be open to the public employees of the Department of Energy, A Minority AIDS Initiative Report (the and parts closed to the public. its predecessor agencies, and their Part A MAI Report) (OMB No. 0915– contractors and subcontractors. MATTERS TO BE CONSIDERED: Parts Open 0304): Extension to the Public Period of Employment: January 1, HRSA’s HIV/AIDS Bureau (HAB) 1. Approval of the minutes of the 1961 through June 30, 1970. November 16, 2009 Board member administers Part A of Title XXVI of the meeting. FOR FURTHER INFORMATION CONTACT: Public Health Service Act as amended 2. Thrift Savings Plan activity report Stuart L. Hinnefeld, Interim Director, by Congress in October 2009 (Ryan by the Executive Director. Office of Compensation Analysis and White HIV/AIDS Treatment Extension a. Monthly Participant Activity Support, National Institute for Act of 2009). Part A provides emergency Report. Occupational Safety and Health relief for areas with substantial need for b. Monthly Investment Performance (NIOSH), 4676 Columbia Parkway, MS HIV/AIDS care and support services that Report. C–46, Cincinnati, OH 45226, Telephone are most severely affected by the HIV/ c. Legislative Report. 513–533–6800 (this is not a toll-free AIDS epidemic, including eligible 3. Website Re-Design Update. number). Information requests can also metropolitan areas (EMA) and

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Transitional Grant Areas (TGAs). As a Grantees submit two Part A MAI Narrative describes (1) progress towards component of Part A (previously Title I), Reports annually: Part A MAI Plan achieving specific goals and objectives the purpose of the Minority AIDS (Plan) and the Part A MAI Year-End identified in the Grantee’s approved Initiative (MAI) Supplement is to Annual Report (Annual Report). The MAI Plan for that fiscal year and in improve access to high quality HIV care Plan and Annual Report components of linking MAI services/activities to Part A services and health outcomes for the report are linked to minimize the and other Ryan White HIV/AIDS individuals in disproportionately reporting burden, and include drop- Program services; (2) achievements in impacted communities of color who are down menu responses, fields for relation to client-level health outcomes; living with HIV disease, including reporting budget, expenditure and (3) summary of challenges or barriers at African-Americans, Latinos, Native aggregated client level data, and open- the provider or grantee levels, the Americans, Alaska Natives, Asian ended responses for describing client or strategies and/or action steps Americans, Native Hawaiians and service-level outcomes. Together the implemented to address them, and Pacific Islanders (Section 2693(b)(2)(A) Plan and Annual Report components lessons learned; and (4) discussion of of the Public Health Service (PHS) Act). collect information from grantees on MAI technical assistance needs Since the purpose of the Part A MAI is MAI-funded services, expenditure identified by the EMA/TGA. to expand access to medical, health, and patterns, the number and demographics This information is needed to monitor social support services for of clients served, and client-level and assess: (1) Changes in the type and disproportionately impacted racial/ outcomes. amount of HIV/AIDS health care and ethnic minority populations living with The MAI Plan Narrative that related services being provided to each HIV/AIDS, who are not yet in care, it is accompanies the Plan Web-forms disproportionately impacted community important that HRSA is able to report on provides (1) an explanation of the data of color; (2) the aggregate number of minorities served by the Part A MAI. submitted in the Plan Web forms; (2) a persons receiving HIV/AIDS services summary of the Plan, including the plan within each racial and ethnic The Part A MAI Report is a data and timeline for disbursing funds, community; and (3) the impact of Part collection instrument in which grantees monitoring service delivery, and A MAI-funded services in terms of report on the number and characteristics implementing any service-related client-level and service-level health of clients served and services provided. capacity development or technical outcomes. The information also is used The Part A MAI Report, first approved assistance activities; and (3) the plan to plan new technical assistance and for use in March 2006, is designed to and timeline for documenting client- capacity development activities and collect performance data from Part A level outcome measures. In addition, if inform the HRSA policy and program Grantees that will not change, and it has the EMA/TGA revised any planned management functions. The data two parts: (1) A Web-based data entry services, allocation amounts or target provided to HRSA does not contain application that collects standardized communities after their grant individual or personally identifiable quantitative and qualitative information, application was submitted, the changes information. and (2) an accompanying narrative must be highlighted and explained. The The annual estimated response report. accompanying MAI Annual Report burden for grantees is as follows:

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

Part A MAI Report ...... 56 2 112 5 hrs 560 Note: Data collection system enhancements have resulted in a shortened response burden (from 6 to 5 total hours per response) for respond- ents since the previous OMB approval request.

E-mail comments to DEPARTMENT OF HEALTH AND convicted of a felony under Federal law [email protected] or mail the HRSA HUMAN SERVICES for conduct relating to the regulation of Reports Clearance Officer, Room 10–33, a drug product under the act. Mr. Vale Parklawn Building, 5600 Fishers Lane, Food and Drug Administration has failed to file with the agency Rockville, Maryland 20857. Written information and analyses sufficient to [Docket No. FDA–2008–N–0305] comments should be received within 60 create a basis for a hearing concerning days of this notice. Jason Vale; Denial of Hearing; Final this action. Dated: January 6, 2010. Debarment Order DATES: The order is effective January 12, 2010. Sahira Rafiullah, AGENCY: Food and Drug Administration, ADDRESSES: Submit applications for Deputy Director, Division of Policy Review HHS. termination of debarment to the and Coordination. ACTION: Notice. Division of Dockets Management (HFA– [FR Doc. 2010–364 Filed 1–11–10; 8:45 am] 305), Food and Drug Administration, SUMMARY: The Food and Drug BILLING CODE 4165–15–P 5630 Fishers Lane, rm. 1061, Rockville, Administration (FDA) is denying Jason MD 20852. Vale’s request for a hearing and is issuing an order under the Federal FOR FURTHER INFORMATION CONTACT: G. Food, Drug, and Cosmetic Act (the act) Matthew Warren, Office of Scientific permanently debarring Mr. Vale from Integrity, Food and Drug providing services in any capacity to a Administration, 10903 New Hampshire person that has an approved or pending Ave., Silver Spring, MD 20993, 301– drug product application. FDA bases 796–4613. this order on a finding that Mr. Vale was SUPPLEMENTARY INFORMATION:

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I. Background permanent debarment under section issue was ‘‘petty’’ because the contemnor On July 21, 2003, a Federal jury found 306(a)(2) of the act. received less than 6 months in prison. Mr. Vale, formerly the president of We reviewed Mr. Vale’s request for a (Id. at 152) Christian Brother’s Inc., guilty of three hearing and find that Mr. Vale has not In short, the Supreme Court held in counts of criminal contempt in violation created a basis for a hearing because Frank that, when sentence has been hearings will be granted only if there is imposed, the length of that sentence is of 18 U.S.C. 401(3). On June 18, 2004, a genuine and substantial issue of fact. an appropriate measure for determining the U.S. District Court for the Eastern Hearings will not be granted on issues whether a criminal contempt conviction District of New York sentenced Mr. Vale of policy or law, on mere allegations, is a petty offense, misdemeanor, or to 63 months in prison on each of the denials, or general descriptions of felony.1 FDA will therefore look to the three counts, to be served concurrently. positions and contentions, or on data sentence imposed on Mr. Vale upon his On January 26, 2006, on remand from and information insufficient to justify conviction to evaluate whether his the Court of Appeals for the Second the factual determination urged (see 21 offense under 18 U.S.C. 401(3) was a Circuit, the district court reduced the CFR 12.24(b)). felony. At 5 years for each conviction, sentence to 60 months. The Acting Chief Scientist and Mr. Vale’s sentences far exceeded 1 Mr. Vale is subject to permanent Deputy Commissioner has considered year, and thus his convictions were debarment based on a finding, under Mr. Vale’s arguments and concludes clearly for felony offenses. Accordingly, section 306(a)(2) of the act (21 U.S.C. that they are unpersuasive and fail to FDA concludes that all three of his 335a(a)(2)), that he was convicted of a raise a genuine and substantial issue of convictions of criminal contempt felony under Federal law for conduct fact requiring a hearing. subject him to mandatory debarment relating to the regulation of a drug under section 306(a)(2) of the act. product. Mr. Vale’s convictions for II. Argument contempt stemmed from his violation of Mr. Vale raises a single legal argument III. Findings and Order consent decrees of preliminary and in support of his hearing request. Citing Therefore, the Acting Chief Scientist permanent injunction prohibiting him Frank v. United States, 395 U.S. 147, and Deputy Commissioner, under from distributing unapproved or 149–52 (1969), he contends that his section 306(a)(2)(B) of the act and under misbranded drugs, including any drugs convictions for criminal contempt under authority delegated to him, finds that or other products, containing or 18 U.S.C. 401(3) may not be Mr. Vale has been convicted of a felony purporting to contain, Laetrile, ‘‘Vitamin characterized as felony convictions for under Federal law for conduct relating B–17,’’ amygdalin, or apricot seeds. The purposes of section 306(a)(2) of the act to the regulation of a drug product evidence introduced at Mr. Vale’s because criminal contempt is not a under the act. criminal contempt trial showed that, in felony under Federal law. An offense is As a result of the foregoing findings, violation of the two injunctions, he typically a felony if the maximum term Mr. Vale is permanently debarred from continued to promote and sell authorized is more than 1 year. (See 18 providing services in any capacity to a amygdalin-based products and apricot U.S.C. 3559(a)(1)–(5) (categorizing person with an approved or pending seeds under a different business name. offenses as felonies if maximum terms drug product application under section Mr. Vale acquired a post office box in of imprisonment are greater than 1 505, 512, or 802 of the act (21 U.S.C. Arizona under the name ‘‘Praise year); United States v. Wildes, 120 F.3d 355, 360b, or 382), or under section 351 Distributing’’ (Praise), began referring 468, 470 (4th Cir. 1997) (relying on 18 of the Public Health Service Act (42 former and incoming customers of U.S.C. 3559 to conclude that a felony is U.S.C. 262), (see DATES) (see section Christian Brothers to a Praise phone any offense punishable by more than 306(c)(1)(B) and (c)(2)(A)(ii) and section number for purchase of those products, one year in prison)). Under 18 U.S.C. 201(dd) of the act (21 U.S.C. 321(dd))). and continued to sell those products to 401, however, there is no specific term Any person with an approved or his customers through Praise, with the of imprisonment authorized; a Federal pending drug product application who assistance of others employed by court has the power to punish criminal knowingly uses the services of Mr. Vale, Christian Brothers. Mr. Vale’s contempt by imprisonment ‘‘at its in any capacity during his period of convictions for criminal contempt under discretion.’’ debarment, will be subject to civil 18 U.S.C. 401(3) related directly to the In Frank, the U.S. Supreme Court money penalties. If Mr. Vale, during his regulation of drug products under the addressed whether a particular offense period of debarment, provides services act. By continuing to market amygdalin- under 18 U.S.C. 401 was ‘‘petty’’ or in any capacity to a person with an based products and apricot seeds, Mr. ‘‘serious’’ for purposes of the criminal Vale ignored two injunctions, which contemnor’s right to a jury trial under 1 There is, however, a split among the Federal were intended to prevent him from the Sixth Amendment. (395 U.S. at 148– Circuits with respect to whether a conviction for violating the requirements for drug 52.) The Supreme Court acknowledged criminal contempt may be treated as a felony. The Court of Appeals for the Fifth Circuit has read the products in the act. that criminal contempt is a sui generis Supreme Court’s decisions in Frank and Cheff to By letter dated June 26, 2008, FDA offense (id. at n.5, citing Cheff v. mean that criminal contempt can never be a felony. served Mr. Vale a notice proposing to Schnackenberg, 384 U.S. 373, 379–80 (United States v. Holmes, 822 F.2d 481, 493–94 (5th permanently debar him from providing (1966)) in that ‘‘a person may be found Cir. 1987) (citing those cases for the proposition that criminal contempt is neither a misdemeanor services in any capacity to a person in contempt for a great many different nor a felony)). The Court of Appeals for the Ninth having an approved or pending drug types of offenses, ranging from Circuit, however, has relied on the decision in product application. In a letter dated disrespect for the court to acts otherwise Frank to conclude that a conviction of criminal August 13, 2008, Mr. Vale requested a criminal.’’ (Frank, 395 U.S. at 149.) But contempt may be treated as a felony based on the ‘‘ defendant’s sentencing range. (United States v. hearing on the proposal. In his request the Court found that in prosecutions for Carpenter, 91 F.3d 1282, 1283–86 (9th Cir. 1996) for a hearing, Mr. Vale acknowledges his criminal contempt where no maximum (holding that courts should look to the appropriate convictions under Federal law, as penalty is authorized, the severity of the sentencing guideline range to determine whether a alleged by FDA. However, he argues that penalty actually imposed is the best particular offense under 18 U.S.C. 401 is a felony); see also In re Cohn, 525 F.Supp.2d 1316, 1321 his convictions for criminal contempt indication of the seriousness of the (S.D.Fla. 2007) (holding that criminal contempt is under 18 U.S.C. 401(3) are not felony particular offense.’’ (Id.) The Court always a Class A felony under 18 U.S.C. 3559(a) convictions subjecting him to concluded that the particular offense at because the maximum sentence is life in prison)).

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approved or pending drug product regional health information and stated healthcare operations prior to application, he will be subject to civil e-prescribing networks. transferring to various State Health money penalties. In addition, FDA will In the Routine Uses section, routine Monitoring Programs and Registries; as not accept or review any ANDAs use number thirteen is altered to well as to enable IHS to disclose data submitted by or with the assistance of include language that will allow the transmission of PHI to various health Mr. Vale during his period of disclosure to various stated healthcare data exchange and/or regional health debarment. operations and health data exchange, information contractors. Second, a Any application by Mr. Vale for regional health information and e- change to the Routine Uses section termination of debarment under section prescribing networks. number thirteen will enable IHS to 306(d)(4) of the act should be identified In the Notification Procedure section allow the disclosure of information from with Docket No. FDA–2008–N–0305 under Record Access and Contesting the record for the various stated and sent to the Division of Dockets Record procedures, IHS is referencing healthcare operations and Health Data Management (see ADDRESSES). All such its various IHS forms with its stated Exchange; Regional Health Information; submissions are to be filed in four purposes to be utilized by the and e-prescribing networks. copies. The public availability of requester(s). Dated: December 29, 2009. information in these submissions is DATES: Effective Dates: IHS filed an Yvette Roubideaux, governed by 21 CFR 10.20(j). Publicly altered system report with the Chair of Director, Indian Health Service. available submissions may be seen in the House Committee on Oversight and the Dockets Management Branch Government Reform, the Chair of the Department of Health and Human between 9 a.m. and 4 p.m., Monday Senate Committee on Homeland Services through Friday. Security and Governmental Affairs, and Indian Health Service Dated: January 4, 2010. the Administrator, Office of Information System Number: 09–17–0001 Jesse L. Goodman, and Regulatory Affairs, Office of Management and Budget (OMB) on Acting Chief Scientist and Deputy SYSTEM NAME: January 12, 2010. To ensure that all Commissioner for Science and Public Health. Medical, Health, and Billing Records [FR Doc. 2010–289 Filed 1–11–10; 8:45 am] parties have adequate time in which to comment, the altered PASOR will Systems, Health and Human Services/ BILLING CODE 4160–01–S become effective 40 days from the Indian Health Service/Office of Clinical publication of the notice, or from the and Preventive Services (HHS/IHS/ OCPS). DEPARTMENT OF HEALTH AND date the SOR was submitted to OMB HUMAN SERVICES and the Congress, whichever is later, SECURITY CLASSIFICATION: unless IHS receives comments on all None. Indian Health Service portions of this notice. ADDRESSES: The public should address SYSTEM LOCATION: Privacy Act of 1974; Report of comments to: Mr. William Tibbitts, IHS IHS hospitals, health centers, school Amended or Altered System; Medical, Privacy Act Officer, Division of health centers, health stations, field Health and Billing Records System Regulatory Affairs, Office of clinics, Service Units, IHS Area Offices Management Services, 801 Thompson AGENCY: Indian Health Service (IHS), (Appendix 1), and Federal Archives and HHS. Avenue, TMP, Suite 450, Rockville, MD Records Centers (Appendix 2). 20852–1627; call non-toll free (301) Automated, electronic health and ACTION: Amendment of One Altered 443–1116; send via facsimile to (301) computerized records, including but not Privacy Act System of Records 443–9879, or send your e-mail requests, limited to clinical information and (PASOR), 09–17–0001. comments, and return address to: Patient Care Component (PCC) records, [email protected]. are stored in the Resource and Patient SUMMARY: Pursuant to the provisions of Management System (RPMS) at the the Privacy Act of 1974, as amended, 5 FOR FURTHER INFORMATION CONTACT: Ms. Patricia Gowan, IHS Lead Health National Programs/Office of Information U.S.C. 552a(e)(4), the IHS has amended Technology (NP/OIT), IHS, located in and is publishing the proposed Information Management (HIM) Consultant and Area HIM Consultants, Albuquerque, New Mexico. Records alteration of a system of records, System may also be located at contractor sites. ‘‘ Office of Health Programs, Phoenix Area No. 09–17–0001, Medical, Health and A current list of contractor sites is Billing Records.’’ The amended and Office, Two Renaissance Square, Suite 606, 40 North Central Avenue, Phoenix, available by writing to the appropriate altered system of records is to reflect System Manager (Area or Service Unit revisions in the Purpose and Routine AZ 85004–4450, Telephone (602) 364– 5172 or via the Internet at Director/Chief Executive Officer) at the Uses sections, the Notification address shown in Appendix 1. Procedures section and updates to [email protected]. Appendix 1 of the PASOR. SUPPLEMENTARY INFORMATION: As CATEGORIES OF INDIVIDUALS COVERED BY THE In the Purpose section of the PASOR, required by the Privacy Act of 1974, as SYSTEM: IHS is altering number seven to allow amended, 5 U.S.C. 552a(e)(4), this Individuals, including both IHS the disclosure of controlled substance document sets forth the amendment of beneficiaries and non-beneficiaries, who prescription data and/or protected the proposed alteration of a system of are examined/treated on an inpatient health information (PHI) and personally records maintained by the IHS. IHS is and/or outpatient basis by IHS staff and/ identifiable information (PII) to its altering System No. 09–17–0001, or contract health care providers business associate contractor(s) for ‘‘Health, Medical and Billing Records,’’ (including Tribal contractors). stated healthcare operations prior to for the stated reasons. First, a change to transferring to various State Health the Purpose section number seven will CATEGORIES OF RECORDS IN THE SYSTEM: Monitoring Programs and Registries; further enable IHS to disclose controlled Note: Records relating to claims by and and to disclose data transmission of PHI substance prescription data to a against the HHS are maintained in the to various health data exchange, business associate contractor(s) for Privacy Act System of Records (PASOR)

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Notice, Administrative Claims System, 09– PURPOSES: and Medicaid programs for third-party 90–0062, HHS/Office of the Secretary/Office The purposes of this system are: reimbursement; or of the General Counsel (HHS/OS/OGC). Such 1. To provide a description of an (d) To the Office of Clinical Standards claims include those arising under the individual’s diagnosis, treatment and and Quality, CMS to determine the Federal Torts Claims Act, Military Personnel prevalence of end-stage renal disease and Civilian Employees Claims Act, Federal outcome, and to plan for immediate and Claims Collection Act, Federal Medical Care future care of the individual. among the American Indian and Alaska Recovery Act, and the Act for Waiver of 2. To collect and provide information Native (AI/AN) population and to Overpayment of Pay. to IHS officials and epidemiology coordinate individual care. 8. To process and collect third-party 1. Health and medical records centers established and funded under 25 U.S.C. 1621m in order to evaluate health claims and facilitate fiscal intermediary containing examination, diagnostic and functions and to process debt collection treatment data, proof of IHS eligibility, care programs and to plan for future needs. activities. social data (such as name, address, date 9. To improve the IHS national of birth, Social Security Number (SSN), 3. To serve as a means of communication among members of the patient care database by means of Tribe), laboratory test results, and obtaining and verifying an individual’s dental, social service, domestic health care team who contribute to the individual’s care; e.g., to integrate SSN with the Social Security violence, sexual abuse and/or assault, Administration (SSA). mental health, and nursing information. information from field visits with records of treatment in IHS facilities and 10. To provide information to organ 2. Follow-up registers of individuals procurement organizations or other with a specific health condition or a with non-IHS health care providers. 4. To serve as the official entities engaged in the procurement, particular health status such as cancer, banking, or transplantation of organs to diabetes, communicable diseases, documentation of an individual’s health care. facilitate organ, eye, or tissue donation suspected and confirmed abuse and and transplant. neglect, immunizations, suicidal 5. To contribute to continuing education of IHS staff to improve the 11. To provide information to behavior, or disabilities. individuals about treatment alternatives 3. Logs of individuals provided health delivery of health care services. 6. For disease surveillance purposes. or other types of health-related benefits care by staff of specific hospital or clinic and services. departments such as surgery, For example: (a) The Centers for Disease Control 12. To provide information to the emergency, obstetric delivery, medical Food and Drug Administration (FDA) in imaging, and laboratory. and Prevention may use these records to monitor various communicable connection with an FDA-regulated 4. Surgery and/or disease indices for product or activity. individual facilities that list each diseases; (b) The National Institutes of Health 13. To provide information to relevant individual by the surgery or correctional institutions as necessary for disease. may use these records to review the prevalence of particular diseases (e.g., health and safety purposes. 5. Monitoring strips and tapes such as 14. To provide information to malignant neoplasms, diabetes mellitus, fetal monitoring strips and governmental authorities (e.g., social arthritis, metabolism, and digestive Electroencephalogram (EEG) and services or protective services agencies) diseases) for various ethnic groups of Electrocardiogram (EKG) tapes. on victims of abuse, neglect, sexual the United States; or 6. Third-party reimbursement and assault or domestic violence. (c) Those public health authorities billing records containing name, 15. To provide information to the that are authorized by law and address, date of birth, dates of service, National Archives and Records epidemiology centers established and third party insurer claim numbers, SSN, Administration in records management funded under 25 U.S.C. 1621m may use health plan name, insurance number, inspections conducted under the these records to collect or receive such employment status, and other relevant authority of 44 U.S.C. 2901 et seq. information for purposes of preventing claim information necessary to process 16. To provide relevant health care or controlling disease, injury, or and validate third-party reimbursement information to funeral directors or disability, including, but not limited to, claims. representatives of funeral homes to the reporting of disease, injury, vital 7. Contract Health Service (CHS) allow necessary arrangements prior to events such as birth or death and the records containing name, address, date and in anticipation of an individual’s conduct of public health surveillance, of birth, dates of care, Medicare or impending death. Medicaid claim numbers, SSN, health investigations, and interventions. plan name, insurance number, 7. To compile and provide aggregated ROUTINE USES OF RECORDS MAINTAINED IN THE employment status, and other relevant program statistics. Upon request of other SYSTEM, INCLUDING CATEGORIES OF USERS AND claim information necessary to components of HHS, IHS will provide THE PURPOSES OF SUCH USES: determine CHS eligibility and to process statistical information, from which This system of records contains CHS claims. individual/personal identifiers have individually identifiable health been removed, such as: information. The HHS Privacy Act AUTHORITY FOR MAINTENANCE OF THE SYSTEM: (a) To the National Committee on Regulations (45 CFR Part 5b) and the Departmental Regulations (5 U.S.C. Vital and Health Statistics for its Privacy Rule (45 CFR Parts 160 and 164) 301); Privacy Act of 1974 (5 U.S.C. dissemination of aggregated health issued pursuant to the Health Insurance 552a); Federal Records Act (44 U.S.C. statistics on various ethnic groups; Portability and Accountability Act 2901); Section 321 of the Public Health (b) To the Assistant Secretary for (HIPAA) of 1996 apply to most health Service Act, as amended (42 U.S.C. Planning and Evaluation, Health Policy information maintained by IHS. Those 248); Section 327A of the Public Health to keep a record of the number of regulations may place additional Service Act, as amended (42 U.S.C. sterilizations provided by Federal procedural requirements on the uses 254a); Snyder Act (25 U.S.C. 13); Indian funding; and disclosures of such information Health Care Improvement Act (25 U.S.C. (c) To the Centers for Medicare & beyond those found in the Privacy Act 1601 et seq.); and the Transfer Act of Medicaid Services (CMS) to document of 1974 or mentioned in this system of 1954 (42 U.S.C. 2001–2004). IHS health care covered by the Medicare records notice. An accounting of all

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disclosures of a record made pursuant to audits, utilization review or to provide (a) Federal, State or Tribal agencies the following routine uses will be made accreditation or certification of health that need to know the information in the and maintained by IHS for five years or care facilities or programs. performance of their duties, and for the life of the records, whichever is 7. Records may be disclosed under a (b) Members of community child longer. business associate agreement to protection teams for the purposes of Note: Special requirements for alcohol and individuals or authorized organizations investigating reports of suspected child drug abuse patients: If an individual receives sponsored by IHS, such as the National abuse, establishing a diagnosis, treatment or a referral for treatment for Indian Women’s Resource Center, to formulating or monitoring a treatment alcohol or drug abuse, then the conduct analytical and evaluation plan, and making recommendations to Confidentiality of Alcohol and Drug Abuse studies. the appropriate court. Community child Patient Records Regulations, 42 CFR Part 2, protection teams are comprised of 8. Disclosure may be made to a may apply. In general, under these representatives of Tribes, the BIA, child congressional office from the record of regulations, the only disclosures of the protection service agencies, the judicial an individual in response to an inquiry alcohol or drug abuse record that may be system, law enforcement agencies and from the congressional office made at made without patient consent are: (1) To IHS. meet medical emergencies (42 CFR 2.51), (2) the request of that individual. An IHS– 12. IHS may disclose information for research, audit, evaluation and 810 form, Authorization for Use or from these records in litigations and/or examination (42 CFR 2.52–2.53), (3) pursuant Disclosure of Protected Health proceedings related to an administrative to a court order (42 CFR 2.61–2.67), and (4) Information, is required for the claim when: pursuant to a qualified service organization disclosure of sensitive PHI (e.g., agreement, as defined in 42 CFR 2.11. (a) IHS has determined that the use of alcohol/drug abuse patient information, such records is relevant and necessary In all other situations, written consent Human Immunodeficiency Virus/ to the litigation and/or proceedings of the individual is usually required Acquired Immune Deficiency Syndrome related to an administrative claim and prior to disclosure of alcohol or drug (HIV/AIDS), Sexually Transmitted would help in the effective abuse information under the routine Diseases (STDs), or mental health) that representation of the affected party uses listed below. is maintained in the medical record. listed in subsections (i) through (iv) 1. Records may be disclosed to 9. Records may be disclosed for below, and that such disclosure is Federal and non-Federal (public or research purposes to the extent compatible with the purpose for which private) health care providers that permitted by: the records were collected. Such provide health care services to IHS (a) Determining that the use(s) or disclosure may be made to the HHS/ individuals for purposes of planning for disclosure(s) are met under 45 CFR OGC and/or Department of Justice or providing such services, or reporting 164.512(i), or (DOJ), pursuant to an agreement results of medical examination and (b) Determining that the use(s) or between IHS and OGC, when any of the treatment. disclosure(s) are met under 45 CFR following is a party to litigation and/or 2. Records may be disclosed to 164.514(a) through (c) for de-identified proceedings related to an administrative Federal, State, local or other authorized PHI, and 5 U.S.C. 552a(b)(5), or claim or has an interest in the litigation organizations that provide third-party and/or proceedings related to an reimbursement or fiscal intermediary (c) Determining that the requirements administrative claim: functions for the purposes of billing or of 45 CFR 164.514(e) for limited data sets, and 5 U.S.C. 552a(b)(5) are met. (i) HHS or any component thereof; or collecting third-party reimbursements. (ii) Any HHS employee in his or her 10. Information from records, Relevant records may be disclosed to official capacity; or debt collection agencies under a including but not limited to information (iii) Any HHS employee in his or her business associate agreement concerning the commission of crimes, individual capacity where the DOJ (or arrangement directly or through a third suspected cases of abuse (including HHS, where it is authorized to do so) party. child, elder and sexual abuse), the has agreed to represent the employee; or 3. Records may be disclosed to State reporting of neglect, sexual assault or (iv) The United States or any agency agencies or other entities acting domestic violence, births, deaths, thereof (other than HHS) where HHS/ pursuant to a contract with CMS, for alcohol or drug abuse, immunization, OGC has determined that the litigation fraud and abuse control efforts, to the cancer, or the occurrence of and/or proceedings related to an extent required by law or under an communicable diseases, may be administrative claim is likely to affect agreement between IHS and respective disclosed to public health authorities, HHS or any of its components. State Medicaid agency or other entities. epidemiology centers established and (b) In the litigation and/or 4. Records may be disclosed to school funded under 25 U.S.C. 1621m, and proceedings related to an administrative health care programs that serve AI/AN other appropriate government claim described in subsection (a) above, for the purpose of student health authorities which are authorized by information from these records may be maintenance. applicable Federal, State, Tribal or local disclosed to a court or other tribunal, or 5. Records may be disclosed to the law or regulations to receive such to another party before such tribunal in Bureau of Indian Affairs (BIA) or its information. response to an order of a court or contractors under an agreement between Note: In Federally conducted or assisted administrative tribunal, provided that IHS and the BIA relating to disabled AI/ alcohol or drug abuse programs, under 42 the covered entity discloses only the AN children for the purposes of carrying CFR Part 2, disclosure of patient information information expressly authorized by out its functions under the Individuals for purposes of criminal investigations must such order. with Disabilities Education Act (IDEA), be authorized by court order issued under 42 13. Records may be disclosed under a 20 U.S.C. 1400, et seq. CFR 2.65, except that reports of suspected business associate agreement to an IHS 6. Records may be disclosed to child abuse may be made to the appropriate contractor (including a Health State or local authorities under State law. organizations deemed qualified by the Information Exchange, Regional Health Secretary of HHS and under a business 11. Information may be disclosed Information Organization, or E- associate agreement to carry out quality from these records regarding suspected prescribing Gateway) for the purpose of assessment/improvement, medical cases of child abuse to: computerized data entry, medical

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transcription, duplication services, practicably be provided due to This routine use applies only for as long maintenance of records, data formatting incapacity or emergent circumstances, as the individual remains in lawful services or for any other agency function an IHS health care provider may custody, and does not apply once the or activity involving the use or determine, based on professional individual is released on parole or disclosure of records contained in this judgment, whether disclosure is in the placed on either probation or on system. individual’s best interest, and if so, may supervised release, or is otherwise no 14. Records may be disclosed under a disclose only what is directly relevant to longer in lawful custody. personal services contract or other the individual’s health care. 22. Records including patient name, agreement to student volunteers, 19. Information concerning exposure date of birth, SSN, gender and other individuals working for IHS, and other to the HIV/AIDS may be disclosed, to identifying information may be individuals performing functions for the extent authorized by Federal, State disclosed to the SSA as is reasonably IHS who do not technically have the or Tribal law, to the sexual and/or necessary for the purpose of conducting status of agency employees, if they need needle-sharing partner(s) of a subject an electronic validation of the SSN(s) the records in the performance of their individual who is infected with HIV/ maintained in the record to the extent agency functions. AIDS under the following required under an agreement between 15. Records regarding specific circumstances: IHS and SSA. medical services provided to a (a) The information has been obtained 23. Disclosure of relevant health care unemancipated minor individual may in the course of clinical activities at IHS information may be made to funeral be disclosed to the unemancipated facilities; directors or representatives of funeral minor’s parent or legal guardian who (b) IHS has made reasonable efforts to homes in order to allow them to make previously consented to those specific counsel and encourage the subject necessary arrangements prior to and in medical services, to the extent permitted individual to provide information to the anticipation of an individual’s under 45 CFR 164.502(g). individual’s sexual or needle-sharing impending death. 16. Records may be disclosed to an partner(s); 24. Records may be disclosed to a individual having authority to act on (c) IHS determines that the subject public or private covered entity that is behalf of an incompetent individual individual is unlikely to provide the authorized by law or charter to assist in concerning health care decisions, to the information to the sexual or needle- disaster relief efforts (e.g., the Red Cross extent permitted under 45 CFR sharing partner(s) or that the provision and the Federal Emergency Management 164.502(g). of such information cannot reasonably Administration), for purposes of 17. Information may be used or be verified; coordinating information with other disclosed from an IHS facility directory (d) The notification of the partner(s) is similar entities concerning an in response to an inquiry about a named made, whenever possible, by the subject individual’s health care, payment for individual from a member of the general individual’s physician or by a health care, notification of the public to establish the individual’s professional counselor and shall follow individual’s whereabouts and his or her presence (and location when needed for standard counseling practices; and health status or death. (e) IHS has advised the partner(s) to visitation purposes) or to report the 25. To appropriate Federal agencies whom information is disclosed that they individual’s condition while and Department contractors that have a shall not re-disclose or use such hospitalized (e.g., satisfactory or stable), need to know the information for the information for a purpose other than unless the individual objects to purpose of assisting the Department’s that for which the disclosure was made. disclosure of this information. IHS may efforts to respond to a suspected or provide the religious affiliation only to 20. Records may be disclosed to Federal and non-Federal protection and confirmed breach of the security or members of the clergy. confidentiality of information 18. Information may be disclosed to a advocacy organizations that serve AI/ AN for the purpose of investigating maintained in this system of records, relative, a close personal friend, or any and the information disclosed is other person identified by the incidents of abuse and neglect of individuals with developmental relevant and necessary for that individual that is directly relevant to assistance. that person’s involvement with the disabilities (including mental individual’s care or payment for health disabilities), as defined in 42 U.S.C. POLICIES AND PRACTICES FOR STORING, care. 10801–10805(a)(4) and 42 CFR 51.41– RETRIEVING, ACCESSING, RETAINING, AND Information may also be used or 46, to the extent that such disclosure is DISPOSING OF RECORDS IN THE SYSTEM: disclosed in order to notify a family authorized by law and the conditions of STORAGE: 45 CFR 1386.22(a)(2) are met. member, personal representative, or File folders, ledgers, card files, other person responsible for the 21. Records of an individual may be disclosed to a correctional institution or microfiche, microfilm, computer tapes, individual’s care, of the individual’s disk packs, digital photo discs, and location, general condition or death. law enforcement official, during the period of time the individual is either automated, computer-based or If the individual is present for, or electronic files. otherwise available prior to, a use or an inmate or is otherwise in lawful disclosure, and is competent to make custody, for the provision of health care RETRIEVABILITY: health care decisions; to the individual or for health and safety Indexed by name, record number, and (a) May use or disclose after the purposes. Disclosure may be made upon SSN and cross-indexed. facility obtains the individual’s consent, the representation of either the (b) Provides the individual with the institution or a law enforcement official SAFEGUARDS: opportunity to object and the individual that disclosure is necessary for the Safeguards apply to records stored on- does not object, or provision of health care to the site and off-site. (c) It could reasonably infer, based on individual, for the health and safety of 1. Authorized Users: Access is limited professional judgment, that the the individual and others (e.g., other to authorized IHS personnel, volunteers, individual does not object. If the inmates, employees of the correctional IHS contractors, subcontractors, and individual is not present, or the facility, transport officers), and for other business associates in the opportunity to agree or object cannot facility administration and operations. performance of their duties. Examples of

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authorized personnel include: medical destroy all copies or to return such appropriate FRC. (See Appendix 2 for records personnel, business office records when the need to know has FRC addresses). In accordance with the personnel, contract health staff, health expired. Procedural instructions include records disposition authority approved care providers, authorized researchers, the statutory penalties for by the Archivist of the United States, medical audit personnel, health care noncompliance. paper records are maintained for 75 team members, and legal and The following automated information years after the last episode of individual administrative personnel on a need to systems (AIS) security procedural care except for billing records. The know basis. safeguards are in place for automated retention and disposal methods for 2. Physical Safeguards: Records are medical, health and billing records billing records will be in accordance kept in locked metal filing cabinets or maintained in the RPMS. A profile of with the approved IHS Records in a secured room or in other monitored automated systems security is Schedule. The disposal methods of areas accessible to authorized users at maintained. Security clearance paper medical and health records will all times when not actually in use procedures for screening individuals, be in accordance with the approved IHS during working hours and at all times both Government and contractor Records Schedule and National during non-working hours. Magnetic personnel, prior to their participation in Archives and Records Administration tapes, disks, other computer equipment the design, operation, use or (NARA). The electronic data consisting (e.g., pc workstations) and other forms maintenance of IHS AIS are of the individual personal identifiers of personal data are stored in areas implemented. The use of current and PHI maintained in the RPMS or any where fire and life safety codes are passwords and log-on codes are subsequent revised IHS database system strictly enforced. Telecommunication required to protect sensitive automated should be inactivated once the paper equipment (e.g., computer terminal, data from unauthorized access. Such record is forwarded to the appropriate servers, modems and disks) of the passwords and codes are changed FRC. Resource and Patient Management periodically. An automated or electronic System (RPMS) are maintained in audit trail is maintained and reviewed SYSTEM MANAGER(S) AND ADDRESS: locked rooms during non-working periodically. Only authorized IHS Policy Coordinating Official: Director, hours. Network (Internet or Intranet) Division of Information Resources staff OCPS, IHS, Reyes Building, 801 access of authorized individual(s) to may modify automated files in batch Thompson Avenue, Suite 300, various automated and/or electronic mode. Personnel at remote terminal Rockville, Maryland 20852–1627. See programs or computers (e.g., desktop, sites may only retrieve automated or Appendix 1. The IHS Area Office laptop, handheld or other computer electronic data. Such retrievals are Directors, Service Unit Directors/Chief types) containing protected personal password protected. Privacy Act Executive Officers and Facility Directors identifiers or PHI is reviewed requirements, HIPAA Privacy and listed in Appendix 1 are System periodically and controlled for Security Rule requirements and Managers. authorizations, accessibility levels, specified AIS security provisions are NOTIFICATION PROCEDURES: expirations or denials, including specifically included in contracts and passwords, encryptions or other devices agreements and the system manager or General Procedure: Requests must be to gain access. Combinations and/or his/her designee oversee compliance made to the appropriate System electronic passcards on door locks are with these contract requirements. Manager (IHS Area, Program Office changed periodically and whenever an 4. Implementing Guidelines: HHS Director or Service Unit Director/Chief IHS employee resigns, retires or is Chapter 45–10 and supplementary Executive Officer). A subject individual reassigned. Chapter PHS.hf: 45–10 of the General who requests a copy of, or access to, his 3. Procedural Safeguards: Within Administration Manual; HHS, or her medical record shall, at the time each facility a list of personnel or ‘‘Automated Information Systems the request is made, designate in writing categories of personnel having a Security Program Handbook,’’ as a responsible representative who will be demonstrable need for the records in the amended; HHS IRM Policy HHS–IRM– willing to review the record and inform performance of their duties has been 2000–0005, ‘‘IRM Policy for IT Security the subject individual of its contents. developed and is maintained. for Remote Access’’; OMB Circular A– Such a representative may be an IHS Procedures have been developed and 130 ‘‘Management of Federal health professional. When a subject implemented to review one-time Information Resources’’; HIPAA Security individual is seeking to obtain requests for disclosure to personnel who Standards for the Protection of information about himself/herself that may not be on the authorized user list. Electronic Protected Health Information, may be retrieved by a different name or Proper charge-out procedures are 45 CFR 164.302 through 164.318; and E- identifier than his/her current name or followed for the removal of all records Government Act of 2002 (Pub. L. 107– identifier, he/she shall be required to from the area in which they are 347, 44 U.S.C. Ch 36). produce evidence to verify that he/she maintained. Records may not be is the person whose record he/she seeks. removed from the facility except in RETENTION AND DISPOSAL: No verification of identity shall be certain circumstances, such as Patient listings which may identify required where the record is one that is compliance with a valid court order or individuals are maintained in IHS Area required to be disclosed under the shipment to the Federal Records and Program Offices permanently. Freedom of Information Act. Where Center(s) (FRC). Persons who have a Inactive records are held at the facility applicable, fees for copying records will need to know are entrusted with records that provided medical, health and be charged in accordance with the from this system of records and are billing services from three to seven schedule set forth in 45 CFR Part 5b. instructed to safeguard the years and then are transferred to the Requests in Person: Identification confidentiality of these records. These appropriate FRC. Monitoring strips and papers with current photographs are individuals are to make no further tapes (e.g., fetal monitoring strips, EEG preferred but not required. If a subject disclosure of the records except as and EKG tapes) that are not stored in the individual has no identification but is authorized by the system manager and individual’s official medical record are personally known to the designated permitted by the Privacy Act and the stored at the health facility for one year agency employee, such employee shall HIPAA Privacy Rule as adopted, and to and are then transferred to the make a written record verifying the

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subject individual’s identity. If the c. IHS–913 form, Request for An Director, McLaughlin Indian Health Center, subject individual has no identification Accounting of Disclosures. (The P.O. Box 879, McLaughlin, South Dakota papers, the responsible system manager requester and/or personal representative 57642. Director, Omaha-Winnebago Service Unit, or designated agency official shall may request an accounting where IHS Winnebago Indian Hospital, Winnebago, require that the subject individual has disclosed during the calendar year Nebraska 68071. certify in writing that he/she is the without their consent); or, Director, Pine Ridge Service Unit, Pine individual whom he/she claims to be d. IHS–963 form, Request for Ridge Indian Hospital, Pine Ridge, South and that he/she understands that the Confidential Communication By Dakota 57770. knowing and willful request or Alternative Means or Alternate Director, Rapid City Service Unit, Rapid City Indian Hospital, 3200 Canyon Lake acquisition of records concerning an Location. (The requester and/or individual under false pretenses is a Drive, Rapid City, South Dakota 57701. personal representative may request Director, Rosebud Service Unit, Rosebud criminal offense subject to a $5,000 fine. their PHI be communicated by an Indian Hospital, Rosebud, South Dakota If an individual is unable to sign his/her alternative means such as regular mail, 57570. name when required, he/she shall make telephone, or facsimile; or Director, Sisseton-Wahpeton Service Unit, his/her mark and have the mark verified communicated to an alternate location). Sisseton Indian Hospital, P.O. Box 189, in writing by two additional persons. Sisseton, South Dakota 57262. Contesting Record Procedures: Director, Standing Rock Service Unit, Fort Requests by Mail: Written requests Requesters may write, call or visit the must contain the name and address of Yates Indian Hospital, P.O. Box J, Fort appropriate IHS Area/Program Office Yates, North Dakota 58538. the requester, his/her date of birth and Director or Service Unit Director/Chief Director, Trenton-Williston Indian Health at least one other piece of information Executive Officer at his/her address Center, P.O. Box 210, Trenton, North that is also contained in the subject specified in Appendix 1, and specify the Dakota 58853. record, and his/her signature for information being contested, the Director, Turtle Mountain Service Unit, comparison purposes. If the written Belcourt Indian Hospital, P.O. Box 160, corrective action sought, and the Belcourt, North Dakota 58316. request does not contain sufficient reasons for requesting the correction, information, the System Manager shall Director, Wanblee Indian Health Center, along with supporting information to 100 Clinic Drive, Wanblee, South Dakota inform the requester in writing that show how the record is inaccurate, 57577. additional, specified information is incomplete, untimely, or irrelevant. The Director, Yankton-Wagner Service Unit, required to process the request. requestor shall use the IHS–917 form, Wagner Indian Hospital, 110 Washington Requests by Telephone: Since positive Request for Correction/Amendment of Street, Wagner, South Dakota 57380. identification of the caller cannot be Protected Health Information, for this Director, Youth Regional Treatment Center, P.O. Box 68, Mobridge, South Dakota established, telephone requests are not purpose. honored. 57601. Record source categories: Individual Director, Sac & Fox Health Center, 307 Parents, Legal Guardians and and/or family members, IHS health care Meskwaki Road, Tama, Iowa 52339. Personal Representatives: Parents of personnel, contract health care Director, Santee Health Center, 425 Frazier minor children and legal guardians or providers, State and local health care Avenue, N ST Street #2, Niobrara, personal representatives of legally provider organizations, Medicare and Nebraska 68760. incompetent individuals shall verify Director, Alaska Area Native Indian Health Medicaid funding agencies, and the Service, 4141 Ambassador Drive, Suite their own identification in the manner SSA. described above, as well as their 300, Anchorage, Alaska 99508–5928. relationship to the individual whose Director, Albuquerque Area Health Service, SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS 5300 Homestead Road, NE, Albuquerque, record is sought. A copy of the child’s OF THE ACT: New Mexico 87110. birth certificate or court order None. Director, Acoma-Canoncito-Laguna Service establishing legal guardianship may be Unit, Acoma-Canoncito-Laguna Indian required if there is any doubt regarding Appendix 1—System Managers and Hospital, P.O. Box 130, San Fidel, New the relationship of the individual to the IHS Locations Under Their Jurisdiction Mexico 87049. patient. Where Records Are Maintained Director, To’Hajille Health Center, P.O. Box 3528, Canoncito, New Mexico 87026. RECORD ACCESS PROCEDURES: Director, Aberdeen Area Indian Health Director, New Sunrise Treatment Center, Service, Room 309, Federal Building, P.O. Box 219, San Fidel, New Mexico Same as Notification Procedures: 115 Fourth Avenue, SE., Aberdeen, 87049. Requesters may write, call or visit the South Dakota 57401. Director, Albuquerque Service Unit, last IHS facility where medical care was Director, Cheyenne River Service Unit, Albuquerque Indian Hospital, 801 Vassar provided. Requesters should also Eagle Butte Indian Hospital, P.O. Box Drive, NE., Albuquerque, New Mexico provide a reasonable description of the 1012, Eagle Butte, South Dakota 57625. 87106. record being sought. Requesters may be Director, Crow Creek Service Unit, Ft. Director, Albuquerque Indian Dental required to fill out an IHS–810 form, Thompson Indian Health Center, P.O. Clinic, P.O. Box 67830, Albuquerque, Box 200, Ft. Thompson, South Dakota Authorization for Use or Disclosure of New Mexico 87193. 57339. Director, Santa Fe Service Unit, Santa Fe Protected Health Information, for this Director, Fort Berthold Service Unit, Fort Indian Hospital, 1700 Cerrillos Road, purpose. Requesters may be required to Berthold Indian Health Center, P.O. Box Santa Fe, New Mexico 87505. fill out the following forms for the 400, New Town, North Dakota 58763. Director, Santa Clara Health Center, RR5, purposes stated: Director, Carl T. Curtis Health Center, P.O. Box 446, Espanola, New Mexico 87532. a. IHS–912–1 form, Request for Box 250, Macy, Nebraska 68039. Director, San Felipe Health Center, P.O. Restriction(s). (The requester may Director, Fort Totten Service Unit, Fort Box 4344, San Felipe, New Mexico restrict the use of their PHI with some Totten Indian Health Center, P.O. Box 87001. exceptions); 200, Fort Totten, North Dakota 58335. Director, Cochiti Health Center, P.O. Box Director, Kyle Indian Health Center, P.O. 105, 255 Cochiti Street, Cochiti, New b. IHS–912–2 form, Request for Box 540, Kyle, South Dakota 57752. Mexico 87072. Revocation of Restriction(s). (The Director, Lower Brule Indian Health Director, Santo Domingo Health Center, requester or the IHS may revoke a Center, P.O. Box 191, Lower Brule, South P.O. Box 340, Santo Domingo, New previous restriction(s)); Dakota 57548. Mexico 87052.

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Director, Southern Colorado-Ute Service Director, Navajo Area Indian Health Service, Director, Clinton Service Unit, Clinton Unit, P.O. Box 778, Ignacio, Colorado P.O. Box 9020, Highway 264, Window Indian Hospital, Route 1, P.O. Box 3060, 81137. Rock, Arizona 86515–9020. Clinton, Oklahoma 73601–9303. Director, Ignacio Indian Health Center, P.O. Director, Chinle Service Unit, Chinle Director, El Reno PHS Indian Health Box 889, Ignacio, Colorado 81137. Comprehensive Health Care Facility, Clinic, 1631A E. Highway 66, El Reno, Director, Ute Mountain Ute Health Center, Hwy 191 & Hospital Road, P.O. Drawer Oklahoma 73036. Towaoc, Colorado 81334. PH, Chinle, Arizona 86503. Director, Watonga Indian Health Center, Director, Jicarilla Indian Health Center, Director, Tsaile Health Center, P.O. Box Route 1, Box 34–A, Watonga, Oklahoma P.O. Box 187, Dulce, New Mexico 87528. 467, Navajo Routes 64 and 12, Tsaile, 73772. Director, Mescalero Service Unit, Arizona 86556. Director, Haskell Service Unit, PHS Indian Mescalero Indian Hospital, P.O. Box 210, Director, Rock Point Field Clinic, c/o Health Center, 2415 Massachusetts Mescalero, New Mexico 88340. Tsaile Health Center, P.O. Box 647, Avenue, Lawrence, Kansas 66044. Director, Taos/Picuris Indian Health Tsaile, Arizona 86557. Director, Lawton Service Unit, Lawton Center, P.O. Box 1956, 1090 Goat Springs Director, Pinon Health Center, Navajo Indian Hospital, 1515 Lawrie Tatum Road, Taos, New Mexico 87571. Route 4, P.O. Box 10, Pinon, Arizona Road, Lawton, Oklahoma 73501. Director, Zuni Service Unit, Zuni Indian 86510. Director, Anadarko Indian Health Center, Hospital, P.O. Box 467, Zuni, New Director, Crownpoint Service Unit, P.O. Box 828, Anadarko, Oklahoma Mexico 87327. Crownpoint Comprehensive Health Care 73005. Director, Pine Hill Health Center, P.O. Box Facility, P.O. Box 358, Crownpoint, New Director, Carnegie Indian Health Center, 310, Pine Hill, New Mexico 87357. Mexico 87313. P.O. Box 1120, Carnegie, Oklahoma Director, Bemidji Area Indian Health Service, Director, Pueblo Pintado Health Station, 73150. 522 Minnesota Avenue, NW., Bemidji, c/o Crownpoint Comprehensive Health Director, Holton Service Unit, PHS Indian Minnesota 56601. Care Facility, P.O. Box 358, Crownpoint, Health Center, 100 West 6th Street, Director, Red Lake Service Unit, PHS New Mexico 87313. Holton, Kansas 66436. Indian Hospital, Highway 1, Red Lake, Director, Fort Defiance Service Unit, Fort Director, Pawnee Service Unit, Pawnee Minnesota 56671. Defiance Indian Hospital, P.O. Box 649, Indian Service Center, RR2, Box 1, Director, Leech Lake Service Unit, PHS Intersection of Navajo Routes N12 and Pawnee, Oklahoma 74058–9247. Indian Hospital, 425 7th Street, NW., N7, Fort Defiance, Arizona 86515. Director, Pawhuska Indian Health Center, Cass Lake, Minnesota 56633. Director, Nahata Dziil Health Center, P.O. 715 Grandview, Pawhuska, Oklahoma Director, White Earth Service Unit, PHS Box 125, Sanders, Arizona 86512. 74056. Director, Tahlequah Service Unit, W. W. Indian Hospital, P.O. Box 358, White Director, Gallup Service Unit, Gallup Hastings Indian Hospital, 100 S. Bliss, Earth, Minnesota 56591. Indian Medical Center, P.O. Box 1337, Tahlequah, Oklahoma 74464. Director, Billings Area Indian Health Nizhoni Boulevard, Gallup, New Mexico Director, Wewoka Indian Health Center, Service, P.O. Box 36600, 2900 4th 87305. P.O. Box 1475, Wewoka, Oklahoma Avenue North, Billings, Montana 59107. Director, Tohatchi Indian Health Center, 74884. Director, Blackfeet Service Unit, Browning P.O. Box 142, Tohatchi, New Mexico Director, Phoenix Area Indian Health Indian Hospital, P.O. Box 760, Browning, 87325. Service, Two Renaissance Square, 40 Montana 59417. Director, Ft. Wingate Health Station, c/o North Central Avenue, Phoenix, Arizona Director, Heart Butte PHS Indian Health Gallup Indian Medical Center, P.O. Box 85004. Clinic, Heart Butte, Montana 59448. 1337, Gallup, New Mexico 87305. Director, Colorado River Service Unit, Director, Crow Service Unit, Crow Indian Director, Kayenta Service Unit, Kayenta Chemehuevi Indian Health Clinic, P.O. Hospital, Crow Agency, Montana 59022. Indian Health Center, P.O. Box 368, Box 1858, Havasu Landing, California Director, Lodge Grass PHS Indian Health Kayenta, Arizona 86033. 92363. Center, Lodge Grass, Montana 59090. Director, Inscription House Health Center, Director, Colorado River Service Unit, Director, Pryor PHS Indian Health Clinic, P.O. Box 7397, Shonto, Arizona 86054. Havasupai Indian Health Station, P.O. P.O. Box 9, Pryor, Montana 59066. Director, Dennehotso Clinic, c/o Kayenta Box 129, Supai, Arizona 86435. Director, Fort Peck Service Unit, Poplar Health Center, P.O. Box 368, Kayenta, Director, Colorado River Service Unit, Indian Hospital, Poplar, Montana 59255. Arizona 86033. Parker Indian Health Center, 12033 Director, Fort Belknap Service Unit, Director, Shiprock Service Unit, Northern Agency Road, Parker, Arizona 85344. Harlem Indian Hospital, Harlem, Navajo Medical Center, P.O. Box 160, Director, Colorado River Service Unit, Montana 59526. U.S. Hwy 491 North, Shiprock, New Peach Springs Indian Health Center, P.O. Director, Hays PHS Indian Health Clinic, Mexico 87420. Box 190, Peach Springs, Arizona 86434. Hays, Montana 59526. Director, Dzilth-Na-O–Dith-Hle Indian Director, Colorado River Service Unit, Director, Northern Cheyenne Service Unit, Health Center, 6 Road 7586, Bloomfield, Sherman Indian High School, 9010 Lame Dear Indian Health Center, Lame New Mexico 87413. Magnolia Avenue, Riverside, California Deer, Montana 59043. Director, Four Corners Regional Health 92503. Director, Wind River Service Unit, Fort Center, U.S. Hwy 160, Navajo Route 35– Director, Elko Service Unit, Newe Medical Washakie Indian Health Center, Fort Red Mesa, HRC 6100, Box 30, Teec Nos Clinic, 400 ‘‘A’’ Newe View, Ely, Nevada Washakie, Wyoming 82514. Pos, Arizona 86514. 89301. Director, Arapahoe Indian Health Center, Director, Sanostee Health Station, c/o Director, Elko Service Unit, Southern Arapahoe, Wyoming 82510. Northern Navajo Medical Center, P.O. Bands Health Center, 515 Shoshone Director, Chief Redstone Indian Health Box 160, Shiprock, New Mexico 87420. Circle, Elko, Nevada 89801. Center, Wolf Point, Montana 59201. Director, Toadlena Health Station, c/o Director, Fort Yuma Service Unit, Fort Director, California Area Indian Health Northern Navajo Medical Center, P.O. Yuma Indian Hospital, P.O. Box 1368, Service, John E. Moss Federal Building, Box 160, Shiprock, New Mexico 87420. Fort Yuma, Arizona 85366. 650 Capitol Mall, Suite 7–100, Director, Teen Life Center, c/o Northern Director, Keams Canyon Service Unit, Hopi Sacramento, California 95814. Navajo Medical Center, P.O. Box 160, Health Care Center, P.O. Box 4000, Director, Nashville Area Indian Health Shiprock, New Mexico 87420. Polacca, Arizona 86042. Service, 711 Stewarts Ferry Pike, Director, Oklahoma City Area Indian Health Director, Schurz Service Unit, Schurz Nashville, Tennessee 37214–2634. Service, Five Corporation Plaza, 3625 Service Unit Administration, Drawer A, Director, Catawba PHS Indian Nation of NW 56th Street, Oklahoma City, Schurz, Nevada 89427. South Carolina, P.O. Box 188, Catawba, Oklahoma 73112. Director, Fort McDermitt Clinic, P.O. Box South Carolina 29704. Director, Claremore Service Unit, 315, McDermitt, Nevada 89421. Director, Unity Regional Youth Treatment Claremore Comprehensive Indian Health Director, Phoenix Service Unit, Phoenix Center, P.O. Box C–201, Cherokee, North Facility, West Will Rogers Boulevard and Indian Medical Center, 4212 North 16th Carolina 28719. Moore, Claremore, Oklahoma 74017. Street, Phoenix, Arizona 85016.

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Director, Phoenix Service Unit, Salt River Federal Archives and Records Center, DEPARTMENT OF HOUSING AND Health Center, 10005 East Osborn Road, Frederick C. Murphy Federal Center, 380 URBAN DEVELOPMENT Scottsdale, Arizona 85256. Trapelo Road, Waltham, Massachusetts Director, San Carlos Service Unit, Bylas 02452–6399. [Docket No. FR–5322–N–01] Indian Health Center, P.O. Box 208, Northeast Region, Federal Archives and Bylas, Arizona 85550. Public Housing Assessment System Records Center, 10 Conte Drive, Pittsfield, Director, San Carlos Service Unit, San (PHAS): Asset Management Transition Massachusetts 01201–8230. Carlos Indian Hospital, P.O. Box 208, Year 2 Information San Carlos, Arizona 85550. Mid-Atlantic Region and Pennsylvania, Director, Unitah and Ouray Service Unit, Federal Archives and Records Center, AGENCY: Office of the Assistant Fort Duchesne Indian Health Center, 14700 Townsend Road, Philadelphia, Secretary for Public and Indian P.O. Box 160, Ft. Duchesne, Utah 84026. Pennsylvania 19154–1096. Housing, HUD. Director, Whiteriver Service Unit, Cibecue Alabama, Florida, Georgia, Kentucky, ACTION: Notice. Health Center, P.O. Box 37, Cibecue, Mississippi, North Carolina, South Arizona 85941. Carolina, and Tennessee, Federal Archives SUMMARY: This notice provides new Director, Whiteriver Service Unit, and Records Center, 1557 St. Joseph information related to scoring and Whiteriver Indian Hospital, P.O. Box Avenue, East Point, Georgia 30344–2593. 860, Whiteriver, Arizona 85941. submission requirements for public Director, Desert Vision Youth Wellness Illinois, Indiana, Michigan, Minnesota, Ohio housing agencies (PHAs) under the Center, P.O. Box 458, Sacaton, Arizona and Wisconsin and U.S. Court Records for Public Housing Assessment System 85247. the mentioned States, Federal Archives (PHAS) for PHA fiscal years ending June Director, Nevada Skies Youth Wellness and Records Center, 7358 South Pulaski 30, 2009, September 30, 2009, December Center, 104 Big Bend Ranch Road, P.O. Road, Chicago, Illinois 60629–5898. 31, 2009, and March 31, 2010. These Box 280, Wadsworth, Nevada 89442. Michigan, Except U.S. Court Records, Federal fiscal years coincide with the second Director, Portland Area Indian Health Records Center, 3150 Springboro Road, year of project-based budgeting and Service, Room 476, Federal Building, Dayton, Ohio 45439–1883. accounting under asset management, 1220 Southwest Third Avenue, Portland, Kansas, Iowa, Missouri and Nebraska, and Oregon 97204–2829. also known as ‘‘Transition Year 2.’’ U.S. Court Records for the mentioned Director, Colville Service Unit, Colville FOR FURTHER INFORMATION CONTACT: The Indian Health Center, P.O. Box 71– States, Federal Archives and Records Office of Public and Indian Housing, Agency Campus, Nespelem, Washington Center, 2312 East Bannister Road, Kansas Real Estate Assessment Center (REAC), 99155. City, Missouri 64131–3011. Attention: Wanda Funk, Department of Director, Fort Hall Service Unit, Not-Tsoo New Jersey, New York, Puerto Rico, and the Housing and Urban Development, 550 Gah-Nee Health Center, P.O. Box 717, U.S. Virgin Islands, and U.S. Court Records 12th Street, SW., Suite 100, Washington, Fort Hall, Idaho 83203. for the mentioned States and territories, DC 20410; telephone number (REAC Director, Warm Springs Service Unit, 200 Space Center Drive, Lee’s Summit, Technical Assistance Center) 888–245– Warm Springs Indian Health Center, P.O. Missouri 64064–1182. 4860 (this is a toll-free number). Persons Box 1209, Warm Springs, Oregon 97761. Arkansas, Louisiana, Oklahoma and Texas, Director, Wellpinit Service Unit, David C. and U.S. Courts Records for the mentioned with hearing or speech impairments Wynecoop Memorial Clinic, P.O. Box may access this number through TTY by 357, Wellpinit, Washington 99040. States, Federal Archives and Records Center, P.O. Box 6216, Ft. Worth, Texas calling the toll-free Federal Information Director, Western Oregon Service Unit, Relay Service at 800–877–8339. Chemawa Indian Health Center, 3750 76115–0216. Chemawa Road, NE, Salem, Oregon Colorado, Wyoming, Utah, Montana, New SUPPLEMENTARY INFORMATION: 97305–1198. Mexico, North Dakota, and South Dakota, I. Background Director, Yakama Service Unit, Yakama and U.S. Courts Records for the mentioned Indian Health Center, 401 Buster Road, States, Federal Archives and Records A. Background on PHAS Toppenish, Washington 98948. Center, P.O. Box 25307, Denver, Colorado PHAS was established by a final rule Director, Tucson Area Indian Health Service, 80225–0307. 7900 South ‘‘J’’ Stock Road, Tucson, published on September 1, 1998 (63 FR Northern California Except Southern Arizona 85746–9352. 46596). Prior to 1998, PHAs were Chief Medical Officer, Pascua Yaqui California, Hawaii, and Nevada Except evaluated by HUD under the Public Service Unit, Division of Public Health, Clark County, the Pacific Trust Territories, Housing Management Assessment 7900 South ‘‘J’’ Stock Road, Tucson, and American Samoa, and U.S. Courts Program (PHMAP), the regulations for Arizona 85746. Records for the mentioned States and which are found at 24 CFR part 901. Facility Director, San Xavier Indian Health territories, Federal Archives and Records PHAS expanded assessment of a PHA to ‘‘ ’’ Center, 7900 South J Stock Road, Center, 1000 Commodore Drive, San four key areas of a PHA’s operations: (1) Tucson, Arizona 85746. Bruno, California 94066–2350. The physical condition of the PHA’s Director, Sells Service Unit, Santa Rosa Arizona, Southern California, and Clark Indian Health Center, HCO1, P.O. Box properties; (2) the PHA’s financial County, Nevada, and U.S. Courts Records condition; (3) the PHA’s management 8700, Sells, Arizona 85634. for the mentioned States, Federal Archives Director, Sells Service Unit, Sells Indian operations submitted as a self- and Records Center, 23123 Cajalco Road, Hospital, P.O. Box 548, Sells, Arizona certification; and (4) the resident service Perris, California 93570–7298. 85634. and satisfaction assessment (through a Washington, Oregon, Idaho and Alaska, and Director, Sells Service Unit, San Simon resident survey). U.S. Courts Records for the mentioned Health Center, HC01 Box 8150, Sells, Under the current PHAS, and on the States, Federal Archives and Records Arizona 85634. basis of these four indicators, a PHA Center, 6125 Sand Point Way NE, Seattle, receives a composite score that Appendix 2—Federal Archives and Washington 98115–7999. Records Centers represents a single score for a PHA’s [FR Doc. 2010–285 Filed 1–11–10; 8:45 am] entire operation and a corresponding District of Columbia, Maryland Except U.S. BILLING CODE 4165–16–P Court Records for Maryland, Washington performance designation. PHAs that are National Records Center, 4205 Suitland designated high performers receive Road, Suitland, Maryland 20746–8001. public recognition and relief from Connecticut, Maine, Massachusetts, New specific HUD requirements. PHAs that Hampshire, Rhode Island, and Vermont, are designated standard and

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substandard performers shall be components are defined in the inspections every other year will apply required to take corrective action to regulations at 24 CFR part 990, subpart after the adjustment for the physical remedy identified deficiencies. PHAs H, and are essential components of asset condition and neighborhood that are designated troubled performers management. environment factor. Physical condition are subject to remedial action. inspections of projects will be By final rule published on January 11, C. PHAS Scoring During Transition Year 1 conducted on the same schedule as past 2000 (65 FR 1712), HUD amended the inspections, and conducted, if PHAS regulations and implemented On August 21, 2008, HUD published applicable, in the quarter prior to a certain statutory changes resulting from Federal Register notice FR–5227–N–01, PHA’s fiscal year end. Because of enactment of the Quality Housing and Public Housing Assessment System scheduling logistics, HUD may need to Work Responsibility Act of 1998 (Pub. (PHAS): Asset Management Transition have physical condition inspections L. 105–276, October 21, 1998). Year Information and Uniform Financial conducted sooner than one year from Reporting Standards (UFRS) the last physical condition inspection. B. Public Housing Operating Fund Information (73 FR 49588). In that Program However, no physical condition notice, HUD indicated that, for PHAs inspections for the purposes of PHAS The regulations governing the Public with fiscal years ending June 30, 2008, scoring will occur any sooner than 6 Housing Operating Fund program are of through March 31, 2009, HUD would months from the last physical condition key relevance to the proper operation of not issue a new overall PHAS score. inspection for PHAS scoring, but HUD PHAs and, consequently, to PHAS. Further, PHAs were not required to is not prevented from conducting a Operating funds are made available to a submit their management operations physical condition inspection of PHA for the operation and management information and were not subject to projects for purposes other than PHAS of public housing, and therefore the resident satisfaction surveys (other than scoring. PHAs will continue to be able regulations applicable to a PHA’s PHAs with fiscal years ending June 30, to request a technical review or database operation and management of public 2008, for whom the survey results were adjustment for their physical condition housing must be considered in any informational only). PHAs still were inspections during Transition Year 2, in changes proposed to PHAS. The required to submit their annual accordance with the current PHAS regulations for the Public Housing financial statements (not scored) and regulations. Operating Fund Program are found at 24 were subject to the same physical Financial Condition Indicator. PHAs CFR part 990, were published on inspection frequencies, the scores from September 19, 2005 (70 FR 54983), will be required to submit their which also were for information unaudited financial condition followed by a correction published on purposes only. October 24, 2005 (70 FR 61366), and information and audited financial became effective on November 18, 2005. II. PHAS Scoring During Transition condition information, if applicable, in Subpart H of the part 990 regulations Year 2 accordance with 24 CFR part 5, subpart (§§ 990.255 to 990.290), as revised by Transition Year 2 includes those H, and 24 CFR part 902, subpart C. The the September 2005 rule, establishes the PHAs with fiscal years ending June 30, financial condition then will be requirements regarding asset 2009, September 30, 2009, December 31, assessed pursuant to the current PHAS management. Under § 990.260(a), PHAs 2009, and March 31, 2010. This notice rule. that own and operate 250 or more also applies to Moving-to-Work PHAs Management Operations Indicator. dwelling rental units must operate using that are not specifically exempted from PHAs will be required to submit their an asset management model consistent a PHAS assessment in their grant management operations certification, with the subpart H regulations. PHAs agreements. pursuant to 24 CFR 902, subpart D. with fewer than 250 dwelling rental Under the current PHAS rule, small Small PHAs that are not being assessed units may elect to transition to asset PHAs (fewer than 250 public housing in Transition Year 2 (see above) are not management, but are not required to do units) generally are assessed every other required to submit a management so. In addition, § 223 of Title II of year. During Transition Year 2, small operations certification. Division A of the 2010 Consolidated PHAs will be assessed pursuant to 24 PHAs that are converting to asset Appropriations Act, Pub. L. 111–117 CFR 902.9. All other PHAs will be management and for which the (Approved December 16, 2009), states issued a new overall PHAS score under submission of the current management that PHAs that own and operate 400 or the current PHAS rule. operations certification would impose fewer public housing units may elect to The following are specific an administrative hardship should be exempt from any asset management instructions for submissions and request a waiver for their management requirement for the remainder of Fiscal scoring: operations certification, pursuant to 24 Year (FY) 2010, with the exception of Physical Condition Inspections. CFR 5.110, within 30 days from the date PHAs that are seeking a discontinuance Physical condition inspections will be of this notice. Upon a determination of of a reduction of operating subsidy, i.e., conducted for PHAs during Transition good cause, HUD may waive the a stop-loss. This provision may remain Year 2 in accordance with existing requirement for a PHA to submit its in effect for future years, depending on protocols. Physical condition inspection management operations certification. the language in that year’s scores for projects on both the 100-point Please send all waiver requests to your appropriations act. scale and the 30-point scale will be local field office pursuant to PIH Notice PHAs with more than 400 public available in Secure Systems, through the 2009–41. housing units in CY 2009 and for the Integrated Assessment Subsystem If a PHA’s waiver request is approved, remainder of FY 2010, PHAs with 250 (NASS). HUD also will give inspected the most recent management operations or more public housing units thereafter, projects credit for the physical score of record will be carried over to and PHAs that elect to transition to asset condition and neighborhood the fiscal year being assessed. If a PHA’s management are required to implement environment factor. The performance waiver request is not approved, it shall project-based management, project- incentive for PHAs that score 24 points have 60 days from the date of its based budgeting, and project-based or more on the 30-point scale that notification of denial to submit its accounting. All project-based provides for physical condition management operations certification.

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For PHAs with fiscal years ending DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: June 30, 2009, or September 30, 2009, Title: 30 CFR 285, Renewable Energy their management operations Minerals Management Service and Alternate Uses of Existing Facilities certification is due 2 months after the [Docket No. MMS–2009–OMM–0012] on the Outer Continental Shelf. date of this notice. Forms: MMS–0002, MMS–0003, MMS Information Collection Activity: MMS–0004, MMS–0005, and MMS– Resident Assessment Indicator. HUD 0006. will not administer the resident service 1010–0176, Renewable Energy and Alternate Uses of Existing Facilities on OMB Control Number: 1010–0176. and satisfaction survey during Abstract: The Outer Continental Shelf the Outer Continental Shelf, Extension Transition Year 2. A PHA has a choice (OCS) Lands Act, as amended (43 U.S.C. of a Collection; Submitted for Office of regarding its resident service and 1331 et seq. and 43 U.S.C. 1801 et seq.), Management and Budget (OMB) authorizes the Secretary of the Interior satisfaction assessment score: Review; Comment Request (1) The most recent resident service to issue leases, easements, or rights-of- way on the OCS for activities that and satisfaction assessment score will AGENCY: Minerals Management Service produce or support production, be carried over for PHAs with fiscal (MMS), Interior. transportation, or transmission of energy years ending June 30, 2009, September ACTION: Notice of a revision of an information collection (1010–0176). from sources other than oil and gas 30, 2009, December 31, 2009, and March (renewable energy). Specifically, 31, 2010; or SUMMARY: To comply with the subsection 8(p) of the OCS Lands Act, (2) If a PHA believes it would have Paperwork Reduction Act of 1995 as amended by section 388 of the Energy received a higher resident service and (PRA), we are notifying the public that Policy Act of 2005 (Pub. L. 109–58), satisfaction assessment score if a new we have submitted to OMB an directs the Secretary of the Interior to resident survey had been conducted, it information collection request (ICR) to issue any necessary regulations to carry may appeal its resident service and renew approval of the paperwork out the OCS renewable energy program. satisfaction assessment score pursuant requirements in the regulations under The Secretary delegated the authority to to 24 CFR 902.69 and must include the 30 CFR 285, ‘‘Renewable Energy and issue such regulations and implement PHA’s supporting documentation and Alternate Uses of Existing Facilities on an OCS renewable energy program to reasons for the appeal. Please send all the Outer Continental Shelf,’’ and the Minerals Management Service appeal requests to the Deputy Assistant related forms. This notice also provides (MMS). The MMS has issued regulations for OCS renewable energy Secretary, Real Estate Assessment the public a second opportunity to activities at 30 CFR part 285. Center, at the following address: comment on the paperwork burden of these regulatory requirements. Subsequent to the approval of the information collection requirements in U.S. Department of Housing and Urban DATES: Submit written comments by the final 30 CFR part 285 regulations, Development, Office of Public and February 11, 2010. Indian Housing, Attention: Deputy MMS developed five new forms that ADDRESSES: Submit comments by either respondents must use to submit certain Assistant Secretary, Departmental fax (202) 395–5806 or e-mail Real Estate Assessment Center, 550 _ information collection requirements in (OIRA [email protected]) directly Subpart D, Lease and Grant 12th Street, SW., Suite 100, to the Office of Information and Washington, DC 20410. Administration, and Subpart E, Regulatory Affairs, OMB, Attention: Payments and Financial Assurance HUD will determine if an adjustment Desk Officer for the Department of the Requirements. These forms entail no Interior (1010–0176). Please also submit is warranted. All other aspects of the additional burden as they only clarify a copy of your comments to MMS by current PHAS rule will remain in effect and facilitate the submission of the any of the means below. during Transition Year 2. • currently approved information Electronically: Go to http:// collection requirements to which the III. Environmental Review www.regulations.gov. In the entry titled forms pertain. This resubmitted ICR is ‘‘Enter Keyword or ID,’’ enter docket ID revised to: Correct citation numbering, This notice provides operating MMS–2009–OMM–0012, then click fine tune words to better match instructions and procedures in search. Under the tab ‘‘View by requirements in the final rule, and connection with activities under a Relevance’’ you can submit public reflect the inclusion of the new Forms Federal Register document that has comments and view supporting and MMS–0002, MMS–0003, MMS–0004, previously been subject to a required related materials available for this MMS–0005, and MMS–0006. No burden environmental review. Accordingly, collection of information. The MMS will hours have been changed from the OMB under 24 CFR 50.19(c)(4), this notice is post all comments. • currently approved collection. categorically excluded from Mail or hand-carry comments to the Regulations implementing these environmental review under the Department of the Interior; Minerals responsibilities are under 30 CFR part National Environmental Policy Act of Management Service; Attention: Cheryl 285. Responses are mandatory or 1969 (42 U.S.C. 4321 et seq.). Blundon; 381 Elden Street, MS–4024; required to obtain or retain a benefit. No Herndon, Virginia 20170–4817. Please Dated: January 4, 2010. questions of a sensitive nature are reference Information Collection 1010– asked. The MMS protects information Sandra B. Henriquez, 0176 in your subject line and include considered proprietary according to the Assistant Secretary for Public and Indian your name and return address. Freedom of Information Act (5 U.S.C. Housing. FOR FURTHER INFORMATION CONTACT: 552) and its implementing regulations [FR Doc. 2010–267 Filed 1–11–10; 8:45 am] Cheryl Blundon, Regulations and (43 CFR part 2), and under regulations BILLING CODE 4210–67–P Standards Branch, (703) 787–1607. You at 30 CFR 285.113, addressing may also contact Cheryl Blundon to disclosure of data and information to be obtain a copy, at no cost, of the made available to the public and others. regulations and forms that require the Respondents will operate commercial subject collection of information. and noncommercial technology projects

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that include installation, construction, obstructions, when they are no longer of a renewable energy lease or grant. operation and maintenance, and needed, are properly removed or Although relinquishment may be decommissioning of offshore facilities, decommissioned, and that the seafloor required by MMS under 30 CFR as well as possible onshore support is cleared of all obstructions created by 285.658(c), in most cases facilities. The MMS must ensure that operations on the lease, project relinquishments will be filed these activities and operations on the easement, RUE or ROW. voluntarily. Form MMS–0004 is OCS are carried out in a safe and • Improve safety and environmental required for any relinquishment and pollution-free manner, do not interfere protection on the OCS through will be filed and maintained in the with the rights of other users on the collection and analysis of accident applicable MMS regional office. OCS, and balance the protection and reports to ascertain the cause of the development of OCS resources. To do accidents and to determine ways to OCS Renewable Energy Lessee’s, this, MMS needs information prevent recurrences. Grantee’s, and Operator’s Bond, Form concerning the proposed activities, In addition to the above, forms will be MMS–0005 facilities, safety equipment, inspections submitted to MMS. The MMS needs the information on the forms for proper and The MMS uses this form as the and tests, and natural and manmade official instrument for filing and hazards near the site, as well as efficient administration of OCS renewable energy leases and grants and maintaining a surety bond for financial assurance of fiscal responsibility. assurance relating to a lease or grant in Specifically, MMS will use the to document the financial responsibility of lessees and grantees. Forms MMS– compliance with the requirements of 30 information collected under part 285 to: CFR 285, subpart E. Form MMS–0005 is • Determine if applicants and 0002, MMS–0003, MMS–0004, and MMS–0006 are needed by renewable required for all bonds and other forms assignees are qualified to hold leases on of financial assurance and will be filed the OCS. Information is used to track energy entities on the OCS to designate an operator and to assign or relinquish and maintained in the applicable MMS ownership of leases as to record title, regional office. operating rights, and right-of-way a lease or grant. Form MMS–0005 is (ROW) or right of use and easement needed to procure and submit a bond OCS Renewable Energy Lease or Grant (RUE), as well as to approve requests to for the purpose of meeting financial Designation of Operator, Form MMS– designate an operator to act on the assurance requirements as set forth in 0006 lessee’s behalf. Information is necessary the regulations. The MMS will maintain to approve assignment, relinquishment, the forms that are submitted as official The MMS uses the information in this or cancellation requests. Information is lease and grant records pertaining to form as the official record as to used to document that a lease, ROW, or operating responsibilities, ownership, designation of the individual, RUE has been surrendered by the record and financial responsibility. corporation, or association having Respondents submit the following title holder and to ensure that all legal control or management of activities on forms to MMS under 30 CFR part 285, obligations are met and facilities are a renewable energy lease or grant. Form subpart D. The forms and their purposes properly decommissioned. MMS–0006 is required to designate an • Determine if an application for a are: operator or to notify MMS of a change ROW or RUE serves the purpose OCS Renewable Energy Assignment of in the designated operator. specified in the grant. Grant, Form MMS–0002 Frequency: Varies depending upon • Review and approve SAPs, COPs, The MMS uses this form as the the requirement, but is generally on and GAPs prior to allowing activities to official record as to the assignment of occasion or annual. commence on a lease to ensure that the record title interest in a renewable Description of Respondents: Primary activities will protect human, marine, energy grant (Right-of-Way or Right-of- respondents comprise Federal OCS and coastal environments of the OCS; to Use and Easement). The MMS uses the companies that submit unsolicited review plans for taking safety information to identify the assigned proposals or responses to Federal equipment out of service to ensure grant interest and any new grant Register notices; or are lessees, alternate measures are used that will resulting from the assignment. The designated operators, and ROW or RUE properly provide for the safety of the information on Form MMS–0002 will be grant holders. Other potential facilities. The MMS inspectors monitor filed and maintained in the applicable respondents are companies or state and the records concerning facility MMS regional office. local governments that submit inspections and tests to ensure safety of information or comments relative to operations and protection of the OCS Renewable Energy Assignment of alternative energy-related uses of the environment and to schedule their Interest in Lease, Form MMS–0003 OCS; certified verification agents workload to permit witnessing and The MMS uses this form as the (CVAs); and surety or third-party inspecting operations. The information official record as to the assignment of guarantors. provides lessees greater flexibility to record title interest in a renewable comply with regulatory requirements energy lease. The MMS uses the Estimated Reporting and through approval of alternative information to identify the assigned Recordkeeping Hour Burden: The equipment or procedures and lease interest and any new lease estimated annual hour burden for this departures to regulations if they resulting from the assignment. The information collection is a total of demonstrate equal or better compliance information on Form MMS–0003 will be 31,124 hours. The following chart with the appropriate performance filed and maintained in the applicable details the individual components and standards. MMS regional office. estimated hour burdens. In calculating • Ensure that, if granted, proposed the burdens, we assumed that routes of an ROW or RUE do not conflict OCS Renewable Energy Lease or Grant respondents perform certain with any State requirements or unduly Relinquishment Application, Form requirements in the normal course of interfere with other OCS activities. MMS–0004 their activities. We consider these to be • Determine if all facilities, project The MMS uses this form as the usual and customary and took that into easements, cables, pipelines, and official record as to the relinquishment account in estimating the burden.

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Non-hour cost burdens Section(s) in 30 CFR 285 Reporting and recordkeeping Hour Annual requirement burden Average number of annual burden responses hours

Subpart A—General Provisions

102; 105; 110 ...... These sections contain general references to submitting comments, requests, applications, 0 plans, notices, reports, and/or supplemental information for MMS approval—burdens cov- ered under specific requirements.

102(e) ...... State and local governments enter into 1 6 agreements...... 6 task force or joint planning or coordina- tion agreement with MMS.

103; 904 ...... Request general departures not specifi- 2 6 requests...... 12 cally covered elsewhere in part 285.

105(c) ...... Make oral requests or notifications and 1 8 requests...... 8 submit written follow up within 3 busi- ness days not specifically covered elsewhere in part 285.

106; 107; 213(e); 230(f); 302(a); Submit evidence of qualifications to hold 2 20 evidence submissions ...... 40 408(b)(7); 409(c); 1005(c); a lease or grant, required information 1007(c); 1013(b)(7). and supporting information.

106(b)(1) ...... Request exception from exclusion or dis- 1 1 exception...... 1 qualification from participating in trans- actions covered by Federal non-pro- curement debarment and suspension system.

106(b)(2), (3); 225; 527(c); Request reconsideration and/or hearing .. Requirement not considered IC under 5 CFR 0 705(c)(2); 1016. 1320.3(h)(9).

108; 530(b) ...... Notify MMS within 3 business days after 1 1 notice...... 1 learning of any action filed alleging re- spondent is insolvent or bankrupt.

109 ...... Notify MMS in writing of merger, name Requirement not considered IC under 5 CFR 0 change, or change of business form no 1320.3(h)(1). later than 120 days after earliest of ei- ther the effective date or filing date.

111 ...... Within 30 days of receiving bill, submit .5 4 fee submissions ...... 2 processing fee payments for MMS doc- ument or study preparation to process applications and requests.

4 MMS payments x $4,000 = $16,000

111(b)(2), (3)...... Submit comments on proposed proc- 2 4 processing fee comments or 8 essing fee or request approval to per- reduction requests. form or directly pay contractor for all or part of any document, study, or other activity, to reduce MMS processing costs.

111(b)(3) ...... Perform, conduct, develop, etc., all or 19,000 1 submission...... 19,000 part of any document, study, or other activity; and provide results to MMS to reduce MMS processing fee.

111(b)(3) ...... Pay contractor for all or part of any docu- 3 contractor payments x $950,000 = $2,850,000 ment, study, or other activity, and pro- vide results to MMS to reduce MMS processing costs.

111(b)(7); 118(a); 436(c) ...... Appeal MMS estimated processing costs, Exempt under 5 CFR 1320.4(a)(2), (c) 0 decisions, or orders pursuant to 30 CFR 290.

113(b) ...... Respond to the Freedom of Information 4 1 agreement...... 4 Act release schedule.

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Non-hour cost burdens Section(s) in 30 CFR 285 Reporting and recordkeeping Hour Annual requirement burden Average number of annual burden responses hours

115(c) ...... Request approval to use later edition of a 1 1 request...... 1 document incorporated by reference or alternative compliance.

116 ...... The Director may occasionally request in- 4 25 ...... 100 formation to administer and carry out the offshore alternative energy program via Federal Register Notices.

118(c); 225(b) ...... Within 15 days of bid rejection, request Requirement not considered IC under 5 CFR 0 reconsideration of bid decision or rejec- 1320.3(h)(9). tion.

78 responses ...... 19,183 hours

Subtotal $2,866,000 non-hour costs

Subpart B—Issuance of OCS Alternative Energy Leases

200; 224; 231; 235; 236; 238 .... These sections contain references to information submissions, approvals, requests, applica- 0 tions, plans, payments, etc., the burdens for which are covered elsewhere in part 285

210; 211(a), (b); 213 thru 216 ... Submit comments in response to Federal 4 16 comments...... 64 Register notices on Request for Inter- est in OCS Leasing, Call for Informa- tion and Nominations (Call), Area Iden- tification, and the Proposed Sale Notice.

211(d); 216; 220 thru 223; Submit bid, payments, and required infor- 5 12 bids...... 60 231(c)(2). mation in response to Federal Reg- ister Final Sale Notice.

224 ...... Within 10 business days, execute 3 cop- 1 5 lease executions ...... 5 ies of lease form and return to MMS with required payments, including evi- dence that agent is authorized to act for bidder; if applicable, submit informa- tion to support delay in execution.

230; 231(a) ...... Submit unsolicited request and acquisi- 5 5 unsolicited requests ...... 25 tion fee for a commercial or limited lease.

231(b) ...... Submit comments in response to Federal 4 4 unsolicited requests ...... 16 Register notice re interest of unsolic- ited request for a lease.

231(g) ...... Within 10 business days of receiving 2 4 leases...... 8 lease documents, execute lease; file fi- nancial assurance and supporting doc- umentation.

231(g) ...... Within 45 days of receiving lease copies, Burdens covered by information collections 0 submit rent and rent information. approved for 30 CFR Subchapter A.

235(b); 236(b) ...... Request additional time to extend prelimi- 1 2 requests...... 2 nary or site assessment term of com- mercial or limited lease, including re- vised schedule for SAP, COP, or GAP submission.

237(b) ...... Request lease be dated and effective 1st 1 1 request...... 1 day of month in which signed.

Subtotal 49 responses ...... 181 hours

Subpart C—ROW Grants and RUE Grants for Alternative Energy Activities

306; 309; 315; 316 ...... These sections contain references to information submissions, approvals, requests, applica- 0 tions, plans, payments, etc., the burdens for which are covered elsewhere in part 285.

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Non-hour cost burdens Section(s) in 30 CFR 285 Reporting and recordkeeping Hour Annual requirement burden Average number of annual burden responses hours

302(a); 305; 306 ...... Submit 1 paper copy and 1 electronic 5 1 ROW/RUE request ...... 5 version of a request for a new or modi- fied ROW or RUE and required infor- mation, including qualifications to hold a grant.

307; 308(a)(1) ...... Submit comments on competitive interest 4 2 comments...... 8 in response to Federal Register notice of proposed ROW or RUE grant area or comments on notice of grant auction.

308(a)(2), (b); 315; 316 ...... Submit bid and payments in response to 5 1 bid...... 5 Federal Register notice of auction for a ROW or RUE grant.

309 ...... Submit decision to accept or reject terms 2 1 grant decision ...... 2 and conditions of noncompetitive ROW or RUE grant.

Subtotal 5 responses ...... 20 hours

Subpart D—Lease and Grant Administration

400; 401; 402; 405; 409; 416, These sections contain references to information submissions, approvals, requests, applica- 0 433. tions, plans, payments, etc., the burdens for which are covered elsewhere in part 285.

401(b) ...... Take measures directed by MMS in ces- 100 1 cessation measures report ... 100 sation order and submit reports in order to resume activities.

405(d) ...... Submit written notice of change of ad- Requirement not considered IC under 5 CFR 0 dress. 1320.3(h)(1).

405(e); Form MMS–0006 ...... If designated operator (DO) changes, no- 1 1 new DO notice ...... 1 tify MMS and identify new DO for MMS approval.

408 thru 411; Forms MMS–0002 Within 90 days after last party executes a 1 (30 minutes 2 assignment requests/instru- 2 and MMS–0003. transfer agreement, submit 1 paper per form × 2 ments submissions. copy and 1 electronic version of a forms = 1 lease or grant assignment application, hour) including originals of each instrument creating or transferring ownership of record title, eligibility and other quali- fications; and evidence that agent is authorized to execute assignment.

415(a)(1); 416; 420(a), (b); Submit request for suspension and re- 10 2 suspension requests ...... 20 428(b). quired information no later than 90 days prior to lease or grant expiration.

417(b) ...... Conduct, and if required pay for, site-spe- 100 1 study/submission...... 100 cific study to evaluate cause of harm or damage; and submit 1 paper copy and 1 electronic version of study and re- sults.

1 study × $950,000 = $950,000

425 thru 428; 652(a) ...... Request lease or grant renewal no later 6 2 renewal requests ...... 12 than 180 days before termination date of your limited lease or grant, or no later than 2 years before termination date of operations term of commercial lease.

435; 658(c)(2); Form MMS– Submit 1 paper copy and 1 electronic 1 2 relinquishments...... 2 0004. version of application to relinquish lease or grant.

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Non-hour cost burdens Section(s) in 30 CFR 285 Reporting and recordkeeping Hour Annual requirement burden Average number of annual burden responses hours

436; 437 ...... Provide information for reconsideration of Requirement not considered IC under 5 CFR 0 MMS decision to contract or cancel 1320.3(h)(9). lease or grant area.

11 responses ...... 237 hours

Subtotal $950,000

Subpart E—Payments and Financial Assurance Requirements

An * indicates the primary cites for providing bonds or other financial assurance, and the burdens include any previous or sub- 0 sequent references throughout part 285 to furnish, replace, or provide additional bonds, securities, or financial assurance. This subpart contains references to other information submissions, approvals, requests, applications, plans, etc., the burdens for which are covered elsewhere in part 285.

500 thru 509; 1011 ...... Submit payor information, payments and Burdens covered by information collections 0 payment information, and maintain approved for 30 CFR Subchapter A. auditable records according to sub- chapter A regulations or guidance.

506(c)(4) ...... Submit documentation of the gross an- 10 min 6 forms ...... 1 nual generation of electricity produced by the generating facility on the lease—use same form as authorized by the EIA. (Burden covered under DOE/EIA OMB Control Number 1905– 0129 to gather info and fill out form. MMS’s burden is for submitting a copy).

510 ...... Submit application and required informa- 1 1 waiver or rental reduction ..... 1 tion for waiver or reduction of rental or other payment.

* 515; 516(a)(1), (b); 525(a) thru Execute and provide $100,000 minimum 1 6 base-level lease bonds or 6 (f). lease-specific bond or other approved other security. security; or increase bond level if re- quired.

* 516(a)(2), (3), (b), (c); 517; Execute and provide commercial lease 1 5 SAP and COP bonds ...... 5 525(a) thru (f). supplemental bonds in amounts deter- mined by MMS.

516(a)(4); 521(c)...... Execute and provide decommissioning 1 3 decommissioning bonds ...... 3 bond or other financial assurance; schedule for providing the appropriate amount.

517(c)(1) ...... Submit comments on proposed adjust- 1 3 adjustment comments ...... 3 ment to bond amounts.

517(c)(2) ...... Request bond reduction and submit evi- 5 2 reduction requests ...... 10 dence to justify.

* 520; 521; 525(a) thru (f); Form Execute and provide $300,000 minimum 1 1 base-level ROW/RUE bond .. 1 MMS–0005. limited lease or grant-specific bond or increase financial assurance if required.

525(g) ...... Surety notice to lessee or ROW/RUE 1 1 surety notice ...... 1 grant holder and MMS within 5 busi- ness days after initiating insolvency or bankruptcy proceeding, or Treasury de- certifies surety.

* 526 ...... In lieu of surety bond, pledge other types 2 1 other security pledge ...... 2 of securities, including authority for MMS to sell and use proceeds.

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Non-hour cost burdens Section(s) in 30 CFR 285 Reporting and recordkeeping Hour Annual requirement burden Average number of annual burden responses hours

526(c) ...... Provide annual certified statements de- 1 1 statement...... 1 scribing the nature and market value, including brokerage firm statements/re- ports.

* 527; 531...... Demonstrate financial worth/ability to 10 1 ...... 10 carry out present and future financial obligations, annual updates, and re- lated or subsequent actions/records/re- ports, etc.

528 ...... Provide third-party indemnity; financial in- 10 1 ...... 10 formation/statements; additional bond info; executed guarantor agreement and supporting information/documenta- tion.

528(c)(6); 532(b)...... Guarantor/Surety requests MMS termi- 1 1 request...... 1 nate period of liability and notifies les- see or ROW/RUE grant holder, etc.

* 529 ...... In lieu of surety bond, request authoriza- 2 1 decommissioning account .... 2 tion to establish decommissioning ac- count, including written authorizations and approvals associated with account.

530 ...... Notify MMS promptly of lapse in bond or 1 1 notice...... 1 other security/action filed alleging les- see, surety or guarantor et al. is insol- vent or bankrupt.

533(a)(2)(ii), (iii) ...... Provide agreement from surety issuing 3 1 surety agreement ...... 3 new bond to assume all or portion of outstanding liabilities.

536(b) ...... Within 10 business days following MMS 16 1 agreement demonstration ..... 16 notice, lessee, grant holder, or surety agrees to and demonstrates to MMS that lease will be brought into compli- ance.

Subtotal 37 responses ...... 77 hours

Subpart F—Plans and Information Requirements

Two ** indicate the primary cites for Site Assessment Plans (SAPs), Construction and Operations Plans (COPs), and General 0 Activities Plans (GAPs); and the burdens include any previous or subsequent references throughout part 285 to submission and approval. This subpart contains references to other information submissions, approvals, requests, applications, plans, etc., the burdens for which are covered elsewhere in part 285.

** 600(a); 601(a), (b); 605 thru Within 6 months after issuance of a com- 240 6 SAPs...... 1,440 613. petitive lease or grant, or within 60 days after determination of no competi- tive interest, submit 1 paper copy and 1 electronic version of a SAP, including information to assist MMS to comply with NEPA such as hazard info, air quality, and all required information, certifications, etc.

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Non-hour cost burdens Section(s) in 30 CFR 285 Reporting and recordkeeping Hour Annual requirement burden Average number of annual burden responses hours

** 600(b); 601(c), (d)(1); 606(b); If requesting an operations term for com- 1,000 3 COPs...... 3,000 618; 620 thru 629; 633. mercial lease, at least 6 months before the end of site assessment term, sub- mit 1 paper copy and 1 electronic version of a COP, or FERC license ap- plication, including information to assist MMS to comply with NEPA such as hazard info, air quality, and all required information, surveys and/or their re- sults, reports, certifications, project easements, supporting data and infor- mation, etc.

** 600(c); 601(a), (b); 640 thru Within 6 months after issuance of a com- 240 1 GAP...... 240 648. petitive lease or grant, or within 60 days after determination of no competi- tive interest, submit 1 paper copy and 1 electronic version of a GAP, including information to assist MMS to comply with NEPA such as hazard info, air quality, and all required information, surveys and reports, certifications, project easements, etc.

** 601(d)(2); 622; 628(f); 632; Submit revised or modified COPs, includ- 50 1 revised or modified COP ...... 50 634; 658(c)(3). ing project easements, and all required additional information.

602 1 ...... Until MMS releases financial assurance, 2 9 records maintenance/submis- 18 respondents must maintain, and pro- sions. vide to MMS if requested, all data and information related to compliance with required terms and conditions of SAP, COP, or GAP.

** 613(d), (e) ...... Submit revised or modified SAPs and re- 50 1 revised or modified SAP ...... 50 quired additional information.

612(b); 647(b) ...... Noncompetitive leases must submit copy 1 4 leases...... 4 of SAP or GAP consistency certification and supporting documentation.

615(a) ...... Notify MMS in writing within 30 days of 1 5 completion construction no- 5 completion of construction and installa- tices. tion activities under SAP.

615(b) ...... Submit annual report summarizing find- 30 8 annual reports ...... 240 ings from site assessment activities.

615(c) ...... Submit annual, or at other time periods 40 8 compliance certifications ...... 320 as MMS determines, SAP compliance certification, effectiveness statement, recommendations, reports, supporting documentation, etc.

617(a) ...... Notify MMS in writing before conducting 10 1 notice before activity ...... 10 any activities not approved, or provided for, in SAP; provide additional informa- tion if requested.

627(c) ...... Include oil spill response plan as required Burden covered 30 CFR part 254, 1010–0091. 0 by part 254.

631 ...... Request deviation from approved COP 2 1 deviation request ...... 2 schedule.

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Non-hour cost burdens Section(s) in 30 CFR 285 Reporting and recordkeeping Hour Annual requirement burden Average number of annual burden responses hours

633(b) ...... Submit annual, or at other time periods 80 9 compliance certifications ...... 720 as MMS determines, COP compliance certification, effectiveness statement, recommendations, reports, supporting documentation, etc.

634(a) ...... Notify MMS in writing before conducting 10 1 notice before activity ...... 10 any activities not approved or provided for in COP, and provide additional in- formation if requested.

635 ...... Notify MMS any time commercial oper- 1 1 termination notice ...... 1 ations cease without an approved sus- pension.

636(a) ...... Notify MMS in writing no later than 30 1 3 commence notices ...... 3 days after commencing activities asso- ciated with placement of facilities on lease area.

636(b) ...... Notify MMS in writing no later than 30 1 3 completion notices ...... 3 days after completion of construction and installation activities.

636(c) ...... Notify MMS in writing at least 7 days be- 1 3 initial ops notices ...... 3 fore commencing commercial oper- ations.

** 642(b); 648(e); 655; 658(c)(3) Submit revised or modified GAPs and re- 50 1 revised or modified GAP ...... 50 quired additional information.

651 ...... Before beginning construction of OCS fa- 30 5 surveys/reports...... 150 cility described in GAP, complete sur- vey activities identified in GAP and submit initial findings. This only in- cludes the time involved in submitting the findings; it does not include the sur- vey time as these surveys would be conducted as good business practice.

653(a) ...... Notify MMS in writing within 30 days of 1 5 completion notices ...... 5 completing installation activities under the GAP.

653(b) ...... Submit annual report summarizing find- 30 8 annual reports ...... 240 ings from activities conducted under approved GAP.

653(c) ...... Submit annual, or at other time periods 40 8 compliance certifications ...... 320 as MMS determines, GAP compliance certification, recommendations, reports, etc.

655(a) ...... Notify MMS in writing before conducting 10 1 notice before activity ...... 10 any activities not approved or provided for in GAP, and provide additional in- formation if requested.

656 ...... Notify MMS if at any time approved GAP 1 1 termination notice ...... 1 activities cease without an approved suspension.

658(c)(1) ...... If after construction, cable or pipeline de- 3 1 deviation notice/MMS evi- 3 viate from approved COP or GAP, no- dence. tify affected lease operators and ROW/ RUE grant holders of deviation and provide MMS evidence of such notices.

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Non-hour cost burdens Section(s) in 30 CFR 285 Reporting and recordkeeping Hour Annual requirement burden Average number of annual burden responses hours

659 ...... Determine appropriate air quality mod- 70 10 air quality modeling reports/ 700 eling protocol, conduct air quality mod- information. eling, and submit 3 copies of air quality modeling report and 3 sets of digital files as supporting information to plans.

Subtotal 108 responses ...... 7,598

Subpart G—Facility Design, Fabrication, and Installation

Three *** indicate the primary cites for the reports discussed in this subpart, and the burdens include any previous or subse- 0 quent references throughout part 285 to submitting and obtaining approval. This subpart contains references to other informa- tion submissions, approvals, requests, applications, plans, etc., the burdens for which are covered elsewhere in part 285.

*** 700(a)(1), (b), (c); 701 ...... Submit Facility Design Report, including 1 200 3 Facility Design Reports ...... 600 paper copy and 1 electronic copy of the cover letter, certification statement, and all required information (1–3 paper or electronic copies as specified).

***700(a)(2); ...... Submit 1 paper copy and 1 electronic 160 3 Fabrication & Installation Re- 480 (b), (c); 702 ...... copy of a Fabrication and Installation ports. Report, certification statement and all required information.

705(a)(3); 707; 712...... Certified Verification Agent (CVA) con- 100 3 CVA design interim reports .. 300 ducts independent assessment of the facility design and submits reports to lessee or grant holder and MMS—in- terim reports if required, and 1 elec- tronic copy and 1 paper copy of the final report.

100 3 CVA final reports ...... 300

705(a)(3); 708; 709; 710; 712 ... CVA conducts independent assessments 100 3 CVA interim reports ...... 300 on the fabrication and installation activi- ties, informs lessee or grant holder if procedures are changed or design specifications are modified; and sub- mits reports to lessee or grant holder and MMS—interim reports if required, and 1 electronic copy and 1 paper copy of the final report.

100 3 CVA final reports ...... 300

703 ***; 705(a)(3); 711; 712 ...... CVA/project engineer monitors major 20 1 interim report ...... 20 project modifications and repairs and submits reports to lessee or grant hold- er and MMS—interim reports if re- quired, and 1 electronic copy and 1 paper copy of the final report.

15 1 final report ...... 15

705(c) ...... Request waiver of CVA requirement in 40 1 waiver...... 40 writing; lessee must demonstrate standard design and best practices.

706 ...... Submit for approval with SAP, COP, or 16 13 new CVA nominations ...... 208 GAP, initial nominations for a CVA or new replacement CVA nomination, and required information.

708(b)(2) ...... Lessee or grant holder notify MMS if 1 1 notice...... 1 modifications identified by CVA/project engineer are accepted.

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Non-hour cost burdens Section(s) in 30 CFR 285 Reporting and recordkeeping Hour Annual requirement burden Average number of annual burden responses hours

709(a)(14); 710(a)(2), (e) 1 ...... Make fabrication quality control, installa- 1 3 records retention ...... 3 tion towing, and other records available to CVA/project engineer for review (re- tention required by § 285.714).

713 ...... Notify MMS within 10 business days after 1 2 commence notices ...... 2 commencing commercial operations.

714; 1 ...... Until MMS releases financial assurance, 100 3 lessees...... 300 compile, retain, and make available to MMS and/or CVA the as-built drawings, design assumptions/analyses, sum- mary of fabrication and installation ex- amination records, inspection results, and records of repairs not covered in inspection report. Record original and relevant material test results of all pri- mary structural materials; retain records during all stages of construc- tion.

Subtotal 43 responses ...... 2,869

Subpart H—Environmental and Safety Management, Inspections, and Facility Assessments for Activities Conducted Under SAPs, COPs, and GAPs

801(c), (d) ...... Notify MMS if endangered or threatened 1 2 notices...... 2 species, or their designated critical habitat, may be in the vicinity of the lease or grant or may be affected by lease or grant activities.

801(e), (f) ...... Submit information to ensure proposed 6 2 ESA/MMPA submissions ...... 12 activities will be conducted in compli- ance with the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA); including, agreements and mitigating measures designed to avoid or minimize adverse effects and incidental take of endangered species or critical habitat.

802; 902(e) ...... Notify MMS of archaeological resource 3 1 archaeological notice ...... 3 within 72 hours of discovery.

802(b); 802(c)...... If requested, conduct further archae- 10 1 archaeological report ...... 10 ological investigations and submit re- port.

802(d) ...... If applicable, submit payment for MMS .5 1 payment...... 5 costs in carrying out National Historic Preservation Act responsibilities.

803(b) ...... If required, conduct additional surveys to 15 2 survey/report...... 30 define boundaries and avoidance dis- tances and submit report.

810 ***; 632(b)...... Submit safety management system de- 35 10 safety management sys- 350 scription with the SAP, COP, or GAP. tems.

813(b)(1) ...... Report within 24 hours when any re- .5 3 equipment reports ...... 1.5 quired equipment taken out of service for more than 12 hours; provide written confirmation if reported orally.

1 1 written confirmation ...... 1

813(b)(3) ...... Notify MMS when equipment returned to .5 3 return to service notices ...... 1.5 service; provide written confirmation if oral notice.

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Non-hour cost burdens Section(s) in 30 CFR 285 Reporting and recordkeeping Hour Annual requirement burden Average number of annual burden responses hours

815(c) ...... When required, analyze cable, P/L, or fa- 1.5 1 analysis report ...... 1.5 cility damage or failures to determine cause and as soon as available submit comprehensive written report.

816 ...... Submit plan of corrective action report on 2 1 corrective action plan and re- 2 observed detrimental effects on cable, port. P/L, or facility within 30 days of dis- covery; take remedial action and sub- mit report of remedial action within 30 days after completion.

822(a)(2)(iii), (b) ...... Until MMS releases financial assurance, 1 4 records retention ...... 4 maintain records of design, construc- tion, operation, maintenance, repairs, and investigation on or related to lease or ROW/RUE area; make available to MMS for inspection.

823 ...... Request reimbursement within 90 days 2 1 reimbursement request ...... 2 for food, quarters, and transportation provided to MMS reps during inspec- tion.

824(a) 1 ...... Develop annual self inspection plan cov- 24 4 self assessment plans ...... 96 ering all facilities; retain with records, and make available to MMS upon re- quest.

824(b) ...... Conduct annual self inspection and sub- 36 4 annual reports ...... 144 mit report by November 1.

825 ...... Based on API RP 2A–WSD, perform as- 60 4 assessments and mitigation 240 sessment of structures, initiate mitiga- actions. tion actions for structures that do not pass assessment process, retain infor- mation, and make available to MMS upon request.

830(a), (c); 831 thru 833 ...... Immediately report incidents to MMS via Oral 6 incidents ...... 3 oral communications, submit written fol- .5 low-up report within 15 business days after the incident, and submit any re- quired additional information.

Written 1 incident ...... 4 4

830(d) ...... Report oil spills as required by part 254 .. Burden covered by 1010–0091, 30 CFR part 0 254

Subtotal 52 responses ...... 908

Subpart I—Decommissioning

Four **** indicate the primary cites for the reports discussed in this subpart, and the burdens include any previous or subsequent references throughout part 285 to submitting and obtaining approval. This subpart contains references to other information submissions, approvals, re- quests, applications, plans, etc., the burdens for which are covered elsewhere in part 285

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Non-hour cost burdens Section(s) in 30 CFR 285 Reporting and recordkeeping Hour Annual requirement burden Average number of annual burden responses hours

**** 902(b), (c), (d), (f); 905, 906; Submit for approval 1 paper copy and 1 20 1 decommissioning application 20 907; 908(c); 909. electronic copy of the SAP, COP, or GAP decommissioning application and site clearance plan at least 2 years be- fore decommissioning activities begin, 90 days after completion of activities, or 90 days after cancellation, relin- quishment, or other termination of lease or grant. Include documentation of coordination efforts w/States, local or tribal governments, requests that cer- tain facilities remain in place for other activities, be converted to an artificial reef, or be toppled in place. Submit ad- ditional information requested or modify and resubmit application.

902(d); 908; ...... Notify MMS at least 60 days before com- 1 1 decommissioning notice ...... 1 mencing decommissioning activities.

910 ...... Within 60 days after removing a facility, 1 1 removal verification ...... 1 verify to MMS that site is cleared.

912 ...... Within 60 days after removing a facility, 8 1 removal report ...... 8 cable, or pipeline, submit a written re- port.

MMS does not anticipate decommissioning activities for at least 5 years so the requirements have been given a minimal burden

Subtotal 4 responses ...... 30

Subpart J—RUEs for Energy and Marine-Related Activities Using Existing OCS Facilities

1004, 1005, 1006 ...... Contact owner of existing facility and/or 1 1 request for RUE to use exist- 1 lessee of the area to reach preliminary ing facility. agreement to use facility and obtain concurring signatures; submit request to MMS for an alternative use RUE, in- cluding all required information/modi- fications.

1007(a), (b), (c) ...... Submit indication of competitive interest 4 1 response...... 4 in response to Federal Register notice.

1007(c) ...... Submit description of proposed activities 5 1 submission...... 5 and required information in response to Federal Register notice of competitive offering.

1007(f) ...... Lessee or owner of facility submits deci- 1 1 decision...... 1 sion to accept or reject proposals deemed acceptable by MMS.

1010(c) ...... Request renewal of Alternate Use RUE ... 6 1 renewal request ...... 6

1012; 1016(b) ...... Provide financial assurance as MMS de- 1 1 bond or other security ...... 1 termines in approving RUE for an exist- ing facility, including additional security if required.

1013 ...... Submit request for assignment of an al- 1 1 RUE assignment request ...... 1 ternative use RUE for an existing facil- ity, including all required information.

1015 ...... Request relinquishment of RUE for an 1 1 RUE relinquish ...... 1 existing facility.

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Non-hour cost burdens Section(s) in 30 CFR 285 Reporting and recordkeeping Hour Annual requirement burden Average number of annual burden responses hours

Subtotal 8 responses ...... 20

30 CFR Parts 250 & 290 Proposed Revisions

250.1730 ...... Request departure from requirement to No change to burden covered by 1010–0142, 30 0 remove a platform or other facility. CFR 250, subpart Q

250.1731(c) ...... Request deferral of facility removal sub- 1 1 deferral request ...... 1 ject to RUE issued under this subpart.

250.290.2 ...... Request reconsideration of an MMS deci- Requirement not considered IC under 5 CFR 0 sion concerning a lease bid. 1320.3(h)(9)

Subtotal 1 response ...... 1

396 Responses ...... 31,124

Total Burden $3,816,000 Non-Hour Cost Burdens

Estimated Reporting and requires each agency ‘‘* * * to provide consideration, OMB should receive Recordkeeping Non-Hour Cost Burden: notice * * * and otherwise consult public comments by February 11, 2010. We have identified three non-hour cost with members of the public and affected Public Availability of Comments: burdens to industry. We estimate the agencies concerning each proposed Before including your address, phone total of those at $3,816,000 for the collection of information * * *’’ number, e-mail address, or other following: Agencies must specifically solicit personal identifying information in your Section 285.111–$16,000: This section comments to: (a) Evaluate whether the comment, you should be aware that requires respondents to pay a processing proposed collection of information is your entire comment–including your fee for MMS document or study necessary for the agency to perform its personal identifying information–may preparation when necessary for MMS duties, including whether the be made publicly available at any time. processing of applications and requests. information is useful; (b) evaluate the While you can ask us in your comment The processing fee is $4,000 and we accuracy of the agency’s estimate of the to withhold your personal identifying anticipate approximately 4 fees. burden of the proposed collection of information from public review, we Section 285.111(b)(3)–$2,850,000: information; (c) enhance the quality, cannot guarantee that we will be able to This section allows respondents to pay usefulness, and clarity of the do so. a contractor instead of MMS for all or information to be collected; and (d) MMS Information Collection part of any document, study, or other minimize the burden on the Clearance Officer: Arlene Bajusz, (202) activity, and provide the results to MMS respondents, including the use of 208–7744. to reduce MMS processing costs. We automated collection techniques or Dated: November 25, 2009. estimate the non-hour cost burden of other forms of information technology. E.P. Danenberger, this payment could range from $100,000 To comply with the public Chief, Office of Offshore Regulatory Programs. to $2,000,000; therefore, we are consultation process, on September 23, estimating the cost at $950,000. We 2009, we published a Federal Register [FR Doc. 2010–356 Filed 1–11–10; 8:45 am] anticipate no more than 3 payments. notice (74 FR 48588) announcing that BILLING CODE 4310–MR–P Section 285.417(b)–$950,000: This we would submit this ICR to OMB for section requires respondents to pay for approval. The notice provided the DEPARTMENT OF THE INTERIOR a site-specific study to evaluate the required 60-day comment period. In cause of harm or damage to natural addition, § 285.114 provides the OMB Bureau of Land Management resources, and submit a report to MMS. control number for the information We estimate the non-hour cost burden collection requirements imposed by the [L10300000 EG0000 LLWO270000] of this study could range from $100,000 30 CFR 285 regulations. The regulation Extension of Approved Information to $2,000,000, depending on the nature also informs the public that they may Collection, OMB Control Number 1004– of the study; therefore, we are comment at any time on the collections 0001 estimating the cost at $950,000. We of information and provides the address anticipate no more than one study. to which they should send comments. AGENCY: Bureau of Land Management, Public Disclosure Statement: The PRA We have received no comments in Interior. (44 U.S.C. 3501, et seq.) provides that an response to these efforts. ACTION: 60-Day notice and request for agency may not conduct or sponsor a If you wish to comment in response comments. collection of information unless it to this notice, you may send your displays a currently valid OMB control comments to the offices listed under the SUMMARY: In compliance with the number. Until OMB approves a ADDRESSES section of this notice. The Paperwork Reduction Act of 1995, the collection of information, you are not OMB has up to 60 days to approve or Bureau of Land Management (BLM) obligated to respond. disapprove the information collection announces its intention to request that Comments: Section 3506(c)(2)(A) of but may respond after 30 days. the Office of Management and Budget the PRA (44 U.S.C. 3501, et seq.) Therefore, to ensure maximum (OMB) extend approval for the

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paperwork requirements in 43 CFR parts BLM’s submission of the information DEPARTMENT OF THE INTERIOR 3620 and 5510, which pertain to free collection requests to OMB. Minerals Management Service use of, respectively, petrified wood, The following information is provided timber, et al. The Office of Management for the information collection: [Docket no. MMS–2010–OMM–0001] and Budget (OMB) previously approved this information collection activity Title: Form 5510–1, Free Use MMS Information Collection Activity: under the control number 1004–0001. Application and Permit (43 CFR Part 1010–NEW Study of Sharing To Assess DATES: You must submit your comments 3620 and 5510). Community Resilience; Notice of a to the BLM at the address below on or Forms: New Collection; Comment Request before March 15, 2010. The BLM is not • Form 5510, Free Use Application AGENCY: Minerals Management Service obligated to consider any comments and Permit. postmarked or received after the above (MMS), Interior. date. OMB Control Number: 1004–0001. ACTION: Notice of an information ADDRESSES: You may mail comments to: Abstract: This notice pertains to collection (1010–NEW). U.S. Department of the Interior, Bureau information collections that are SUMMARY: To comply with the of Land Management, Mail Stop 401– necessary in order to manage the Paperwork Reduction Act of 1995 LS, 1849 C St., NW., Washington, DC collection of limited quantities of (PRA), MMS is inviting comments on a 20240, Attention: 1004–0001. You may petrified wood and timber for new collection of information that we also comment by e-mail at: noncommercial purposes. The _ will submit to the Office of Management Jean [email protected]. information collections covered by this Comments will be available for public and Budget (OMB) for review and notice are found at 43 CFR parts 3620 approval. The information collection review at the L Street address during and 5510, and in the form listed above. regular business hours (7:45 a.m. to 4:15 request (ICR) pertains to conducting a p.m.), Monday through Friday, Frequency: On occasion. survey, Study of Sharing to Assess excluding Federal holidays. Estimated Number and Description of Community Resilience. FOR FURTHER INFORMATION CONTACT: You Respondents: 476. DATES: Submit written comments by March 15, 2010. may contact James Bowmer, Forester— Estimated Reporting and FOR FURTHER INFORMATION CONTACT: Stewardship Coordinator, Bureau of Recordkeeping ‘‘Hour’’ Burden: The Cheryl Blundon, Regulations and Land Management, Division of Forests currently approved annual reporting Standards Branch at (703) 787–1607, to and Woodlands, (202) 912–7247 burden for this collection is 952 hours. (Commercial or FTS). Persons who use obtain a copy, at no cost, of the survey a telecommunication device for the deaf Estimated Reporting and that requires the subject collection of (TDD) may call the Federal Information Recordkeeping ‘‘Non-Hour Cost’’ information. For more information on Relay Service (FIRS) on 1–800–877– Burden: There is no currently approved the survey itself, contact Chris Campbell 8339, 24 hours a day, seven days a non-hour cost burden for Control in the MMS Alaska Regional Office at week, to contact Mr. Bowmer. You may Number 1004–0001. (907) 334–5264. also contact Mr. Bowmer to obtain a The Paperwork Reduction Act (44 ADDRESSES: You may submit comments copy, at no cost, of the regulations and U.S.C. 3501, et seq.) provides that an by either of the following methods listed forms that require this collection of agency may not conduct or sponsor a below. information. collection of information unless it • Electronically: Go to http:// SUPPLEMENTARY INFORMATION: OMB displays a currently valid OMB control www.regulations.gov. In the entry titled regulations at 5 CFR 1320, which number. Until OMB approves a ‘‘Enter Keyword or ID,’’ enter docket ID implement provisions of the Paperwork collection of information, you are not MMS–2010–OMM–0001 then click Reduction Act (44 U.S.C. 3501–3521), obligated to respond. search. Under the tab ‘‘View By require that interested members of the Relevance’’ you can submit public The BLM will summarize all public and affected agencies be comments and view supporting and responses to this notice and include provided an opportunity to comment on related materials available for this them in the request for OMB approval. information collection and collection of information. The MMS will recordkeeping activities (see 5 CFR All comments will become a matter of post all comments. 1320.8(d) and 1320.12(a)). This notice public record. Before including your • Mail or hand-carry comments to the identifies information collections that address, phone number, e-mail address, Department of the Interior; Minerals are contained in 43 CFR parts 3830 or other personal identifying Management Service; Attention: Cheryl through 3838 and part 5511. The BLM information in your comment, you Blundon; 381 Elden Street, MS–4024; will request that the OMB approve this should be aware that your entire Herndon, Virginia 20170–4817. Please information collection activity for a 3- comment—including your personal reference ‘‘Information Collection 1010– year term. identifying information—may be made NEW’’ in your subject line and include Comments are invited on: (1) The publicly available at any time. While your name and return address. need for the collection of information you can ask us in your comment to SUPPLEMENTARY INFORMATION: for the performance of the functions of withhold your personal identifying Title: Study of Sharing to Assess the agency; (2) the accuracy of the information from public review, we Community Resiliency. agency’s burden estimates; (3) ways to cannot guarantee that we will be able to OMB Control Number: 1010–NEW. enhance the quality, utility, and clarity do so. Abstract: The United States Congress, of the information collection; and (4) through the 1953 Outer Continental ways to minimize the information Jean Sonneman, Shelf (OCS) Lands Act (OCSLA) [Pub. L. collection burden on respondents, such Acting Information Collection Clearance 95–372, Section 20] and its subsequent as use of automated means of collection Officer, Bureau of Land Management. amendments, requires the Secretary of of the information. A summary of the [FR Doc. 2010–399 Filed 1–11–10; 8:45 am] the Department of the Interior to public comments will accompany the BILLING CODE 4310–84–P monitor and assess the impacts of

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resource development activities in This information collection (IC) Protections of Respondent Federal waters on human, marine, and request involves a 36-month study that Confidentiality: The survey is voluntary. coastal environments. The OCSLA will assess the vulnerabilities of two The questionnaires will be administered amendments authorize the Secretary of North Slope coastal communities and under the guidelines of 45 CFR 46. The the Interior to conduct studies in areas one control community to the potential introduction that will be covered with or regions of sales to ascertain the effects of offshore oil and gas each participant stresses that ‘‘environmental impacts on the human, development on subsistence food participation is voluntary and marine, and coastal environments of the harvest and sharing activities. It will confidentiality will be maintained. No outer Continental Shelf and the coastal investigate the resilience of local names will appear on the survey form, areas which may be affected by oil and sharing networks that structure no photographs will be taken of any gas or other mineral development’’ (43 contemporary subsistence-cash informant, and no videotaping will be U.S.C. 1346). economies using survey research conducted. Minor children will not be The National Environmental Policy methods that involves residents of two interviewed. Procedures designed to Act (NEPA) of 1969 (42 U.S.C. 4321– communities most proximate to the protect the confidentiality of the 4347) requires that all Federal Agencies proposed exploration areas, Wainwright information provided will include the use a systematic, interdisciplinary and Kaktovik, and one control use of coded selection and identification approach to ensure the integrated use of community, Venetie. Future collections number to protect the identities of the natural and social sciences in any will involve other area communities. respondents. planning and decision making that may The MMS will use the information This survey will ask five potentially have an effect on the human collected to gain knowledge about local sensitive but routine questions on environment. The Council on social systems in a way that may shape annual household income, Environmental Quality’s Regulations for development strategies and serve as an unemployment, subsistence expenses, Implementing Procedural Provisions of interim baseline for impact monitoring and household finances. One question NEPA (40 CFR 1500–1508) state that the to compare against future research in asks the views of the respondent about ‘‘human environment’’ is to be these areas. Without this data, MMS future potential oil and gas ‘‘interpreted comprehensively’’ to will not have sufficient information to development. Questions such as these include ‘‘the natural and physical make informed leasing and have been used in past studies in rural environment and the relationship of development decisions for these areas. Alaska with few, if any, complaints. ’’ people with that environment (40 CFR Survey Instrument: The research will During the interviews, the respondents ‘‘ 1508.14). An action’s aesthetic, be collected from a survey, given to each will be warned that sensitive questions historic, cultural, economic, social or head of household, in the three are coming up and that they may refuse ’’ health effects must be assessed, communities, that will collect to answer any query they object to. ‘‘ ’’ Respondents will also be reminded that whether direct, indirect, or cumulative information about the subsistence (40 CFR 1508.8). they are assured anonymity through the (harvest data) and sharing networks of The U.S. Department of the Interior/ survey design and process. the communities. The information Minerals Management Service (DOI/ Public Disclosure Statement: The PRA MMS) is the Federal administrative under this proposed collection will be (44 U.S.C. 3501, et seq.) provides that an agency created both to conduct OCS obtained through personal interviews agency may not conduct or sponsor a lease sales and to monitor and mitigate that are voluntary. collection of information unless it adverse impacts that might be Interview methods: The interviews for displays a currently valid OMB control associated with offshore resource each survey will be done face to face in number. Until OMB approves a development. Within the MMS, the a setting that is most comfortable for the collection of information, you are not Environmental Studies Program respondents. This personal method is obligated to respond. functions to implement and manage the more expensive and time consuming for Comments: Before submitting an ICR responsibilities of research. This study the researchers, but these drawbacks are to OMB, PRA section 3506(c)(2)(A) will facilitate the meeting of DOI/MMS outweighed by improvements in the requires each agency ‘‘* * * to provide information needs on subsistence food quality of information obtained and the notice * * * and otherwise consult harvest and sharing activities in coastal rapport established between the with members of the public and affected Alaska, with specific focus on the surveyor and the person interviewed. agencies concerning each proposed Beaufort-Chukchi Planning Area. Telephone interviews have not been collection of information * * *’’. The North Slope Planning Area successful on the North Slope. Each Agencies must specifically solicit includes more than 94,763 square respondent will be paid an honorarium comments to: (a) Evaluate whether the miles—a large geographic area with for taking part in the survey. proposed collection of information is diverse, abundant, and environmentally Responses are voluntary. necessary for the agency to perform its sensitive resources. Within that area, the Frequency: One-time event for each duties, including whether the DOI/MMS’s Proposed OCS Oil and Gas survey. information is useful; (b) evaluate the Leasing Program 2007–2012 considers Estimated Number and Description of accuracy of the agency’s estimate of the two oil and gas lease exploration plans Respondents: Approximately 349 burden of the proposed collection of for 2010, one in the Chukchi Sea and respondents from the communities information; (c) enhance the quality, one in the Beaufort Sea. The areas slated involved. usefulness, and clarity of the for exploration and adjacent areas Estimated Reporting and information to be collected; and (d) support major productive subsistence Recordkeeping ‘‘Hour’’ Burden: The minimize the burden on the fisheries, provide habitat to numerous MMS estimates the total annual burden respondents, including the use of marine mammals, including bowhead hours to be 524 (rounded) (349 × 1.5 for automated collection techniques or whales, and are a significant migration each study = 523.5 total burden hours). other forms of information technology. and staging area for internationally Estimated Reporting and Agencies must also estimate the ‘‘non- important waterfowl. More than eight Recordkeeping ‘‘Non-Hour Cost’’ hour cost’’ burdens to respondents or communities in the North Slope area Burden: We have identified no non-hour recordkeepers resulting from the rely heavily on subsistence. cost burdens for this collection. collection of information. Therefore, if

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you have costs to generate, maintain, SUMMARY: Farmland Reserve, Inc. filed While you can ask us in your comment and disclose this information, you an application for a Recordable to withhold your personal identifying should comment and provide your total Disclaimer of Interest pursuant to information from public review, we capital and startup cost components or Section 315 of the Federal Land Policy cannot guarantee that we will be able to annual operation, maintenance, and and Management Act of 1976, as do so. purchase of service components. You amended (43 U.S.C. 1745), and the If no valid objection is received, a should describe the methods you use to regulations in 43 CFR subpart 1864. A Disclaimer of Interest may be approved estimate major cost factors, including Recordable Disclaimer of Interest, if stating the United States does not have system and technology acquisition, issued, will confirm the United States a valid interest in this tract of land. expected useful life of capital has no valid interest in the subject land. Juan Palma, equipment, discount rate(s), and the This notice is intended to inform the period over which you incur costs. public of the pending application. State Director. [FR Doc. 2010–309 Filed 1–11–10; 8:45 am] Capital and startup costs include, DATES: The Bureau of Land Management among other items, computers and (BLM), Eastern States, will accept BILLING CODE 4310–GJ–P software you purchase to prepare for comments on this application at the collecting information, monitoring, and address below until April 12, 2010. DEPARTMENT OF THE INTERIOR record storage facilities. You should not During this 90-day comment period, include estimates for equipment or interested parties may submit comments Bureau of Land Management services purchased: (i) Before October 1, on this Recordable Disclaimer of Interest 1995; (ii) to comply with requirements application. Please reference case file [LLNMP02000 L71220000.EX0000 not associated with the information FLES–55708 in your comment. LVTFGX9G4200] collection; (iii) for reasons other than to ADDRESSES: Mail comments to: Steven Notice of Intent To Prepare an provide information or keep records for R. Wells, Deputy State Director, Environmental Impact Statement for the Government; or (iv) as part of Division of Natural Resources, BLM- the Proposed HB Potash, LLC—‘‘In- customary and usual business or private Eastern States, 7450 Boston Boulevard, Situ’’ Solution Mine Project, Eddy practices. Springfield, Virginia 22153. County, NM We will summarize written responses FOR FURTHER INFORMATION CONTACT: A. to this notice and address them in our Nate Felton, Supervisory Land Law AGENCY: Bureau of Land Management, submission for OMB approval. As a Examiner, Branch of Lands and Realty, Interior. result of your comments, we will make at the above address or by phone at ACTION: Notice of Intent. any necessary adjustments to the burden (703) 440–1511. in our submission to OMB. SUMMARY: In compliance with the SUPPLEMENTARY INFORMATION: On June Public Comment Procedures: Before National Environmental Policy Act of 15, 2009, Farmland Reserve, Inc. filed including your address, phone number, 1969, as amended, (NEPA) and the an application for a Recordable e-mail address, or other personal Federal Land Policy and Management Disclaimer of Interest for the land identifying information in your Act of 1976, as amended, the Bureau of described as follows: comment, you should be aware that Land Management (BLM) Carlsbad Field your entire comment—including your Tallahassee Meridian Office, Carlsbad, New Mexico, intends personal identifying information—may T. 25 S., R. 31 E., to prepare an Environmental Impact be made publicly available at any time. Fractional sec. 12, W1⁄2, NE1⁄4, and Statement (EIS) and by this notice is While you can ask us in your comment unsurveyed part of the SE1⁄4; announcing the beginning of the to withhold your personal identifying Fractional sec. 13, unsurveyed; scoping process to solicit public information from public review, we Fractional sec. 24, W1⁄2, and unsurveyed comments and to identify issues. part of the E1⁄2; cannot guarantee that we will be able to DATES: This notice initiates the public Fractional sec. 25, W1⁄4, SE1⁄4, and do so. unsurveyed part of the NE1⁄4. scoping process for the EIS. Comments MMS Information Collection T. 25 S., R. 32 E., on issues may be submitted in writing Clearance Officer: Arlene Bajusz (202) Fractional secs. 7, and 8, secs. 17 to 20, until February 11, 2010. The date(s) and 208–7744. inclusive, and sec. 30. location(s) of any scoping meetings will Dated: January 5, 2010 The areas described aggregate be announced at least 15 days in William S. Hauser, approximately 4,747.73 acres in Osceola advance through the local media, County, Florida. Acting Chief, Office of Offshore Regulatory including newspapers and the BLM Programs. This land has been patented into Web site at: http://www.blm.gov/nm/st/ _ _ [FR Doc. 2010–354 Filed 1–11–10; 8:45 am] private ownership. It is the opinion of en/fo/Carlsbad Field Office.html. In order to be included in the Draft EIS, all BILLING CODE 4310–MR–P this office that the Federal government no longer has an interest in this comments must be received prior to the 4,747.73-acre parcel. close of the scoping period or 15 days DEPARTMENT OF THE INTERIOR Comments will be available for public after the last public meeting, whichever review at the BLM-Eastern States Office is later. We will provide additional Bureau of Land Management (see address above) during regular opportunities for public participation business hours, Monday through Friday, upon publication of the Draft EIS. [LLES930000.L14300000.PN0000] except holidays. ADDRESSES: You may submit comments Before including your address, phone related to the HB Potash, LLC—‘‘In-Situ’’ Notice of Application for Recordable number, e-mail address, or other Solution Mine Project by any of the Disclaimer of Interest, Florida personal identifying information in your following methods: • _ AGENCY: Bureau of Land Management, comment, you should be aware that E-mail: Rebecca [email protected]. • Interior. your entire comment—including your Fax: (575) 885–9264. personal identifying information—may • Mail: Bureau of Land Management, ACTION: Notice. be made publicly available at any time. Carlsbad Field Office, Attention:

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Rebecca Hunt, 620 E. Greene St., Project is located in Eddy County, New relevant to the proposed action by Carlsbad, NM 88220. Mexico. The area includes portions of writing to the BLM, or attending a Documents pertinent to this proposal Township 19 South, Range 30 and 31 public scoping meeting, or you may may be examined at the Carlsbad Field East, Township 20 South, Ranges 29, 30 submit them to the BLM using one of Office. and 31 East and Township 21 South, the methods listed in the ADDRESSES FOR FURTHER INFORMATION CONTACT: For Ranges 29 and 30 East, New Mexico section above. Comments, including the further information and/or to have your Principal Meridian. The project area is names and addresses of the commenter, name added to our mailing list, contact located within the Carlsbad Potash will be available for public inspection at Rebecca Hunt, Planning and Mining District and is part of the the BLM’s Carlsbad Field Office during Environmental Coordinator, telephone Secretary’s Potash Area, designated business hours (7:45 a.m. to 4:30 p.m.), (575) 234–5995; address: Carlsbad Field under the 1986 Secretarial Order. The Monday through Friday, except Federal Office, Attention: Rebecca Hunt, 620 E. Secretarial Order was issued by the holidays. The minutes and list of Greene St., Carlsbad, NM 88220; e-mail Secretary of the Interior and is titled Oil, attendees for each scoping meeting will [email protected]. Gas, and Potash Leasing and also be available to the public after each Development Within the Designated meeting and to any participant who SUPPLEMENTARY INFORMATION: HB Potash Area of Eddy and Lea Counties, wishes to clarify the views he or she Potash, LLC, (Intrepid) is proposing to New Mexico, 51 FR 39425 (October 28, expressed. The BLM will utilize and construct and operate an ‘‘in-situ’’ 1986), as corrected at 52 FR 32171 coordinate the NEPA commenting solution mining project that would (August 26, 1987). process to satisfy the public involve injecting saline water into involvement process required for previously mined, existing potash mine The proposed HB ‘‘In-Situ’’ Solution Section 106 of the National Historic workings, dissolving the potash and Mine Project area encompasses Preservation Act (NHPA) (16 U.S.C. creating a mineral-rich solution, and approximately 38,453 acres (60.08 470f) as provided for in 36 CFR pumping that solution back to the square miles). The surface ownership of § 800.2(d)(3). Native American Tribal surface. This solution, called ‘‘pregnant’’ these lands is approximately as follows: • consultations also will be conducted solution, would be routed to a solar Federal Lands: 31,439 acres. • and Tribal concerns will be given due evaporation pond system where the State Lands: 4,954 acres. • consideration, including impacts on potassium-bearing salts would be Private Lands: 2,060 acres. Indian trust assets. Federal, State, and separated out. The solid potassium- Of the 38,453-acre proposed project local agencies, along with other bearing salts would be harvested from area, the actual extent of the open mine stakeholders that may be interested in or the ponds and routed to a flotation plant workings and proposed flood zone is affected by the BLM’s decision on this for ore refinement. This solution mining only a small portion of the project area project, are invited to participate in the operation would occur on or within as follows: • scoping process and, if eligible, may Federal, State, and private surface lands Project Area: 38,453 acres. • request or be requested by the BLM to and mineral leases. The proposed action Targeted Open Mine Workings: 11,100 acres. participate as a cooperating agency. consists of the following: • • Extracting and conditioning Flood Zone within the Open Mine Before including your address, phone groundwater from four wells that draw Workings: 4,330 acres. number, e-mail address, or other from the Rustler Formation to create the A number of alternatives in addition to personal identifying information in your saline water injectate; the proposed action, including the no comment, you should be aware that • Injecting this saline water via six action alternative, will be evaluated in your entire comment—including your injection wells and a surface piping the EIS in accordance with NEPA. personal identifying information—may system into the topographically lower Alternatives may include consideration be made publicly available at any time. portion of the former underground of conventional underground mining of While you can ask us in your comment workings; remaining reserves; more extensive in- to withhold your personal identifying • Extracting the pregnant brine from situ mining; smaller in-situ flood extent; information from public review, we five extraction wells; and alternatives of the project cannot guarantee that we will be able to • Pumping the brine via a surface components (e.g., pipeline burial, do so. piping system to solar evaporation alternative pipeline routes, alternative Authority: 40 CFR 1501.7. ponds; water supplies, using existing facilities • Harvesting precipitated potash at for ore processing, and alternative solar Jesse Juen, the solar evaporation ponds and pond locations). The purpose of the Acting State Director. transporting it to a new flotation mill; public scoping process is to determine [FR Doc. 2010–306 Filed 1–11–10; 8:45 am] • Refining the ore into a marketable relevant issues that will influence the BILLING CODE 4310–OX–P product; scope of the environmental analysis, • Recycling the leftover sodium including alternatives, and guide the chloride to condition the injection process for developing the EIS. At DEPARTMENT OF THE INTERIOR source groundwater; and present, the BLM has identified the Fish and Wildlife Service • Reclaiming all project components following preliminary issues: Oil and when the ore is depleted and the gas resources, land subsidence, [FWS–R1–ES–2009–N232; 91400–5110– infrastructure and equipment are no hydrology, air quality, water quality and 0000–7B; 91400–9410–0000–7B] longer needed. quantity, underground mine workings, The expected lifespan of the proposed socioeconomics, migratory birds, Multistate Conservation Grant HB ‘‘In-Situ’’ Solution Mine Project is rangeland resources, recreation and Program; Priority List for Conservation approximately 28 years. HB Potash, cultural resources. Projects LLC, estimates the project will consume You may submit comments on issues, AGENCY: Fish and Wildlife Service, approximately 1,774 acre-feet of saline, the project as proposed, other feasible Department of the Interior. non-potable water each year. The alternatives, possible mitigation ACTION: Notice of receipt of priority list. proposed HB ‘‘In-Situ’’ Solution Mine measures, and any other information

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SUMMARY: We, the U.S. Fish and Improvement Act authorizes us to Also, AFWA requires all project Wildlife Service (FWS), announce the award grants of up to $3 million proposals to address its National FY 2010 priority list of wildlife and annually from funds available under Conservation Needs, which are sport fish conservation projects from the each of the Restoration Acts, for a total announced annually by AFWA at the Association of Fish and Wildlife of up to $6 million annually. We may same time as its request for proposals. Agencies (AFWA). As required by the award grants from a list of priority Further, applicants must provide Wildlife and Sport Fish Restoration projects recommended to us by AFWA. certification that no activities conducted Programs Improvement Act of 2000, The FWS Director, exercising the under a Multistate Conservation grant AFWA submits a list of projects to us authority of the Secretary of the Interior, will promote or encourage opposition to each year to consider for funding under need not fund all projects on the list, regulated hunting or trapping of wildlife the Multistate Conservation Grant but all projects funded must be on the or to regulated angling or taking of fish. program. We then review and award list. Eligible project proposals are Grantees under this program may use grants from this list. reviewed and ranked by AFWA funds for sport fisheries and wildlife ADDRESSES: John C. Stremple, Multistate Committees and interested management and research projects, Conservation Grants Program nongovernmental organizations that boating access development, hunter Coordinator, Division of Federal represent conservation organizations, safety and education, aquatic education, Assistance, U.S. Fish and Wildlife sportsmen’s organizations, and Service, 4401 North Fairfax Drive, Mail fish and wildlife habitat improvements, and other purposes consistent with the industries that support or promote Stop MBSP–4020, Arlington, Virginia fishing, hunting, trapping, recreational 22203. enabling legislation. To be eligible for funding, a project shooting, bowhunting, or archery. FOR FURTHER INFORMATION CONTACT: John must benefit fish and/or wildlife AFWA’s Committee on National Grants C. Stremple, (703) 358–2156 (phone) or conservation in at least 26 States, or in recommends a final list of priority [email protected] (e-mail). a majority of the States in any one FWS projects to the directors of State fish and SUPPLEMENTARY INFORMATION: The Region, or it must benefit a regional wildlife agencies for their approval by Wildlife and Sport Fish Restoration association of State fish and wildlife majority vote. By statute, AFWA then Programs Improvement Act of 2000 agencies. We may award grants to a must transmit the final approved list to (Improvement Act, Pub. L. 106–408) State, a group of States, or one or more the FWS for funding under the amended the Pittman-Robertson nongovernmental organizations. For the Multistate Conservation Grant program Wildlife Restoration Act (16 U.S.C. 669 purpose of carrying out the National by October 1. et seq.) and the Dingell-Johnson Sport Survey of Fishing, Hunting and This year, we received a list of 13 Fish Restoration Act (16 U.S.C. 777 et Wildlife-Associated Recreation, we may recommended projects. We recommend seq.) and established the Multistate award grants to the FWS, if requested by them for funding in 2010. AFWA’s Conservation Grant Program. The AFWA, or to a State or a group of States. recommended list follows:

MSCGP 2010 CYCLE RECOMMENDED PROJECTS

Total 2009 ID Title Submitter WR request SFR request grant request

10–007 ...... State Fish and Wildlife Agency Director Travel AFWA ...... $82,500.00 $82,500.00 $165,000.00 Administration and Coordination. 10–008 ...... State Fish and Wildlife Agency Coordination and AFWA ...... 318,920.71 318,920.71 637,841.42 Administration. 10–009 ...... Why Do Some Anglers Not Fish Every Year, and AFWA ...... 0.00 289,536.00 289,536.00 Others Do?. 10–011 ...... Protect State Wildlife Agencies Authority to AFWA ...... 70,125.00 70,125.00 140,250.00 Sustainably Manage Wildlife Resources in Con- cert with Federal Actions Required by Inter- national Treaties and Conventions. 10–014 ...... Identifying and Implementing Climate Change Ad- AFWA ...... 60,000.00 60,000.00 120,000.00 aptation Strategies for Natural Resources: A Series of Regional Climate Change Workshops for State Fish and Wildlife Agencies. 10–016 ...... Establishment of a National United States Depart- University of Tennessee 405,000.00 0.00 337,500.00 ment of Agriculture Farm Service Agency Liai- and WMI. son Biologist Position. 10–026 ...... Implementation of the Hunting Heritage Action WMI ...... 296,560.00 0.00 296,560.00 Plan. 10–027 ...... Midwest Fish Habitat Partnerships: Meeting Na- MAFWA ...... 0.00 398,000.00 398,000.00 tional Fish Habitat Action Plan Goals through Development of a Coordinated Scientific Net- work. 10–025 ...... Explore Bowhunting Education Program ...... ATA ...... 266,217.30 0.00 266,217.30 10–032 ...... Coordination of the Industry and Federal and AFWA ...... 90,600.00 90,600.00 181,200.00 State Agency Coalition. 10–055 ...... Formulating a Vision for Fish Health Management MSU ...... 0.00 480,932.00 480,932.00 in Fishery Conservation: Bridging Knowledge Gaps. 10–057 ...... Hunting Heritage Conservation Challenge Badge NWTF ...... 173,300.00 0.00 173,300.00 Initiative.

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MSCGP 2010 CYCLE RECOMMENDED PROJECTS—Continued

Total 2009 ID Title Submitter WR request SFR request grant request

10–063 ...... Coordination 10–063 of Farm Bill Program Imple- AFWA ...... 79,320.00 79,320.00 158,640.00 mentation to Optimize Fish and Wildlife Benefits to the States.

Total ...... 1,870,433.71 1,816,825.71 3,645,476.72

Dated: November 17, 2009. Boise Meridian contain any other terms or conditions Daniel M. Ashe, T. 3 N., R. 3 W., deemed necessary or appropriate by the Director, U.S. Fish and Wildlife Service. Sec. 15, lots 2 and 3. authorized officer. As of January 12, [FR Doc. 2010–355 Filed 1–11–10; 8:45 am] The area described contains 29.57 acres, 2010, the above-described land is more or less, in Canyon County. BILLING CODE 4310–55–P segregated from appropriation under the In accordance with the R&PP Act, the public land laws, including the United City of Caldwell filed an application to States mining laws, except for lease and DEPARTMENT OF THE INTERIOR purchase the above-described property sale under the R&PP Act. to develop as a public park. Additional Public Comments: Interested parties Bureau of Land Management detailed information pertaining to this may submit comments involving the application, plan of development, and suitability of the land for a public park. [LLIDB0100L14300000.ES0000 24 1A.0; site plans are in case file IDI 36028, Comments on the classification are 4500007763; IDI–36028] located in the BLM Four Rivers Field restricted to whether the land is Office at the address above. The land is physically suited for the proposal, Notice of Realty Action: Recreation not needed for any Federal purpose. whether the use will maximize future and Public Purposes Act Lease and subsequent sale of this land uses of the land, whether the use is Classification, Lease and Conveyance is consistent with the BLM Cascade consistent with local planning and of Public Land, Idaho Resource Management Plan dated July zoning, or if the use is consistent with State and Federal programs. Interested AGENCY: Bureau of Land Management, 1, 1988, as amended, and would be in parties may also submit comments Interior. the public interest. The City of Caldwell has not applied for more than 6,400 regarding the specific use proposed in ACTION: Notice of realty action. acres for recreation uses in a year, the the application and plan of development, whether the BLM SUMMARY: The City of Caldwell filed an limit set in 43 CFR 2741.7(a)(3), and has followed proper administrative application to purchase a 29.57-acre submitted a statement in compliance procedures in reaching its decision, or tract of public land under the Recreation with the regulations at 43 CFR any other factor not directly related to and Public Purposes (R&PP) Act, as 2741.4(b). Any lease and subsequent the suitability of the land for R&PP use. amended, to be used as a public park. sale will be subject to the provisions of Before including your address, phone The Bureau of Land Management (BLM) the R&PP Act and applicable regulations number, e-mail address, or other has examined the land and found it of the Secretary of the Interior. Any personal identifying information in your suitable to be classified for lease and/or lease or patent of this land will also comment, you should be aware that conveyance under the provisions of the contain the following reservations to the your entire comment—including your R&PP Act, as amended. United States: 1. Provisions of the R&PP Act, personal identifying information—may DATES: Interested parties may submit including, but not limited to, the terms be made publicly available at any time. written comments regarding this required by 43 CFR 2741.9. While you can ask us in your comment proposed classification and lease or sale 2. A right-of-way thereon for ditches to withhold your personal identifying of this public land until February 26, and canals constructed by the authority information from public review, we 2010. of the United States, Act of August 30, cannot guarantee that we will be able to ADDRESSES: Mail written comments to 1890 (43 U.S.C. 945); and do so. Michael O’Donnell, Acting Four Rivers 3. All mineral deposits in the land so Any adverse comments on the Field Manager, Bureau of Land patented, and to it, or persons proposed classification, lease and sale Management, Boise District Office, 3948 authorized by it, the right to prospect will be reviewed by the BLM Idaho Development Avenue, Boise, Idaho for, mine, and remove such deposits State Director, who may sustain, vacate, 83705. from the same under applicable law and or modify this realty action and regulations to be established by the classification and issue a final FOR FURTHER INFORMATION CONTACT: Effie Secretary of the Interior. determination. In the absence of any Schultsmeier, Four Rivers Realty Any lease or sale will also be subject objections, the classification of the land Specialist, at the above address, via e- to valid existing rights; will contain any _ described in this notice will become mail at effie [email protected], or terms or conditions required by law or effective on March 15, 2010. The lands phone (208) 384–3357. regulation, including, but not limited to, will not be available for lease and SUPPLEMENTARY INFORMATION: The BLM any terms or conditions required by 43 conveyance until after the classification has examined and found suitable to be CFR 2741.9; and will contain an becomes effective. classified for lease and subsequent appropriate indemnification clause conveyance under the provisions of the protecting the United States from claims Michael O’Donnell, R&PP Act, as amended (43 U.S.C. 869 et arising out of the lessee’s or patentee’s Acting Four Rivers Field Manager. seq.), the following public land use, occupancy, or operations on the [FR Doc. 2010–310 Filed 1–11–10; 8:45 am] described below. leased or patented lands. It will also BILLING CODE 4310–GG–P

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DEPARTMENT OF THE INTERIOR concerned to allow or not allow one or as proposed by industry and approved both forms of relief allowed by the by MMS and the State concerned. The Minerals Management Service regulations. As required by the regulations require that MMS publish a regulations, MMS provided States list of the States and their decisions [Docket No. MMS–2009–MRM–0017] receiving a portion of the Federal regarding marginal property relief by royalties with a list of qualifying States’ Decisions on Participating in December 1 of each year. marginal Federal oil and gas properties Accounting and Auditing Relief for To qualify for the first relief option located in the States so that each Federal Oil and Gas Marginal (notification-based relief) for calendar affected State could decide whether to year 2010, properties must have Properties participate in one or both relief options. For calendar year 2010, this notice produced less than 1,000 barrels-of-oil- AGENCY: Minerals Management Service, equivalent (BOE) per year for the base Interior. provides the decisions by the States concerned to allow one or both types of period (July 1, 2008, through June 30, ACTION: Notice of States’ decisions to relief. 2009). Annual reporting relief will begin participate or not participate in January 1, 2010, with the annual report DATE: Effective January 1, 2010. accounting and auditing relief for and payment due February 28, 2011; or FOR FURTHER INFORMATION CONTACT: Federal oil and gas marginal properties March 31, 2011, if you have an Mary Williams, Manager, Western Audit located within the States’ boundaries for estimated payment on file. To qualify & Compliance Management, telephone calendar year 2010. for the second relief option (other (303) 231–3403, FAX (303) 231–3744, requested relief), the combined SUMMARY: The Minerals Management e-mail to [email protected], or Service (MMS) published final mail to P.O. Box 25165, MS 62200B, equivalent production of the marginal regulations on September 13, 2004 (69 Denver Federal Center, Denver, properties during the base period must FR 55076), codified at sections 204.200 Colorado 80225–0165. equal an average daily well production of less than 15 BOE per well per day through 204.215 of title 30 of the Code SUPPLEMENTARY INFORMATION: of Federal Regulations (CFR), to provide The regulations implement certain calculated under 30 CFR 204.4(c). two types of accounting and auditing provisions of section 7 of the Federal The following table shows the States relief for Federal onshore or Outer Oil and Gas Royalty Simplification and that have marginal properties, where a Continental Shelf lease production from Fairness Act of 1996 (30 U.S.C. 1726) portion of the royalties are shared marginal properties. These regulations and provide two options for relief: (1) between the State and MMS, and the require MMS to publish in the Federal Notification-based relief for annual States’ decisions to allow one or both Register the decisions of the States reporting, and (2) other requested relief, forms of relief.

Request-based relief State Notification-based relief (less than 1,000 BOE per year) (less than 15 BOE per well per day)

Alabama ...... No ...... No. California ...... No ...... No. Colorado ...... No ...... No. Kansas ...... No ...... No. Louisiana ...... Yes ...... Yes. Michigan ...... Yes ...... Yes. Mississippi ...... No ...... No. Montana ...... No ...... No. Nebraska ...... No ...... No. Nevada ...... Yes ...... Yes. New Mexico ...... No ...... Yes. North Dakota ...... Yes ...... Yes. Oklahoma ...... No ...... No. South Dakota ...... Yes ...... No. Texas ...... No ...... No. Utah ...... No ...... No. Wyoming ...... Yes ...... No.

Federal oil and gas properties located in response to this notice may be subject Dated: December 17, 2009. in all other States, where a portion of to disclosure under the Freedom of Gregory J. Gould, the royalties is not shared with the Information Act (5 U.S.C. 552 et seq.) Associate Director for Minerals Revenue State, are eligible for relief if they (FOIA). If applicable, please highlight Management. qualify as marginal under this rule. The the proprietary portions, including any [FR Doc. 2010–321 Filed 1–11–10; 8:45 am] MMS believes this covers any supporting documentation, or mark the BILLING CODE 4310–MR–P exceptions under section 117(c) of page(s) that contain proprietary data. RSFA. For information on how to obtain Proprietary information is protected by relief, please refer to the rule, which you the Trade Secrets Act (18 U.S.C. 1905); can view on our MMS Web site at _ _ FOIA, Exemption 4; and Department http://www.mrm.mms.gov/Laws R D/ regulations (43 CFR, part 2). FRNotices/AC30.htm. Unless the information received is proprietary data, all correspondence, records, or information that we receive

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DEPARTMENT OF LABOR mining activities may be present. The page (http://www.msha.gov/) and explosive and noxious gases and dusts selecting ‘‘Rules & Regs’’, and then Mine Safety and Health Administration must be diluted, rendered harmless, and selecting ‘‘FedReg. Docs’’. On the next carried to the surface by the ventilating screen, select ‘‘Paperwork Reduction Act Proposed Information Collection currents. Sufficient air must be provided Supporting Statement’’ to view Request Submitted for Public to maintain the level of respirable dust documents supporting the Federal Comment and Recommendations; at or below 2 milligrams per cubic meter Register Notice. Ventilation Plans, Tests, and of air and air quality must be Examinations in Underground Coal maintained in accordance with MSHA III. Current Actions Mines standards. Mechanical ventilation Records of tests and examinations are equipment of sufficient capacity must necessary to ensure that the ventilation ACTION: Notice. operate at all times while miners are in system is being maintained and that SUMMARY: The Department of Labor, as the mine. Ground conditions are subject changes which could adversely affect part of its continuing effort to reduce to frequent changes, thus sufficient tests the integrity of the system or the safety paperwork and respondent burden and examinations are necessary to of the miners are not occurring. conducts a pre-clearance consultation ensure the integrity of the ventilation Type of Review: Extension. program to provide the general public system and to detect any changes that Agency: Mine Safety and Health and Federal agencies with an may require adjustments in the system. Administration. opportunity to comment on proposed Records of tests and examinations are Title: Ventilation Plans, Tests, and and/or continuing collections of necessary to ensure that the ventilation Examinations in Underground Coal information in accordance with the system is being maintained and that Mines. Paperwork Reduction Act of 1995 changes which could adversely affect OMB Number: 1219–0088. (PRA95) [44 U.S.C. 3506 (c)(2)(A)]. This the integrity of the system or the safety Frequency: On Occasion. program helps to ensure that requested of the miners are not occurring. These Affected Public: Business or other for- data can be provided in the desired examination requirements of §§ 75.310, profit. format, reporting burden (time and 75.312, 75.342, 75.351, 75.360 through Respondents: 457. financial resources) is minimized, 75.364, 75.370, 75.371, and 75.382 also Responses: 1,022,636. collection instruments are clearly incorporate examinations of other Total Burden Hours: 1,363,130. Total Burden Cost (operating/ understood, and the impact of collection critical aspects of the underground work maintaining): $176,213. requirements on respondents can be environment such as roof conditions Comments submitted in response to properly assessed. and electrical equipment which have this notice will be summarized and/or Currently, the Mine Safety and Health historically cased numerous fatalities if included in the request for Office of Administration (MSHA) is soliciting not properly maintained and operated. comments concerning the extension of Management and Budget approval of the the information collection related to the II. Desired Focus of Comments information collection request; they will 30 CFR Sections 75.310, 312, 342, 351, Currently, the Mine Safety and Health also become a matter of public record. 360, 361, 362, 363, 364, 370, 371, and Administration (MSHA) is soliciting Dated at Arlington, Virginia, this 6th day 382. comments concerning the proposed of January, 2010. DATES: Submit comments on or before extension of the information collection John Rowlett, March 15, 2010. that: Director of Management Services Division. • Evaluate whether the proposed ADDRESSES: Send comments to John [FR Doc. 2010–333 Filed 1–11–10; 8:45 am] collection of information is necessary Rowlett, Management Services Division, BILLING CODE 4510–43–P 1100 Wilson Boulevard, Room 2141, for the proper performance of the Arlington, VA 22209–3939. Commenters functions of the agency, including are encouraged to send their comments whether the information will have NUCLEAR REGULATORY via E-mail to [email protected]. practical utility; COMMISSION • Evaluate the accuracy of the Mr. Rowlett can be reached at (202) agency’s estimate of the burden of the [NRC–2010–0001] 693–9827 (voice), or (202) 693–9801 proposed collection of information, (facsimile). Because of potential delays including the validity of the Biweekly Notice Applications and in receipt and processing of mail, methodology and assumptions used; Amendments to Facility Operating respondents are strongly encouraged to • Enhance the quality, utility, and Licenses Involving No Significant submit comments electronically to clarity of the information to be Hazards Considerations ensure timely receipt. We cannot collected; and guarantee that comments mailed will be • Minimize the burden of the I. Background received before the comment closing collection of information on those who Pursuant to section 189a. (2) of the date. are to respond, including through the Atomic Energy Act of 1954, as amended FOR FURTHER INFORMATION CONTACT: use of appropriate automated, (the Act), the U.S. Nuclear Regulatory Contact the employee listed in the electronic, mechanical, or other Commission (the Commission or NRC) ADDRESSES section of this notice. technological collection techniques or is publishing this regular biweekly SUPPLEMENTARY INFORMATION: other forms of information technology, notice. The Act requires the e.g., permitting electronic submissions Commission publish notice of any I. Background of responses. amendments issued, or proposed to be An underground mine is a maze of A copy of the proposed information issued and grants the Commission the tunnels that must be adequately collection request can be obtained by authority to issue and make ventilated with fresh air to provide a contacting the employee listed in the immediately effective any amendment safe environment for miners. Methane is ‘‘For Further Information Contact’’ to an operating license upon a liberated from the strata, and noxious section of this notice, or viewed on the determination by the Commission that gases and dusts from blasting and other Internet by accessing the MSHA home such amendment involves no significant

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hazards consideration, notwithstanding located in ADAMS, contact the PDR 3, ‘‘Standard Technical Specifications, the pendency before the Commission of Reference staff at 1 (800) 397–4209, Babcock and Wilcox Plants.’’ a request for a hearing from any person. (301) 415–4737 or by e-mail to Date of issuance: December 23, 2009. This biweekly notice includes all [email protected]. Effective date: As of the date of notices of amendments issued, or issuance and shall be implemented Entergy Operations, Inc., Docket No. 50– proposed to be issued from December within 90 days from the date of 313, Arkansas Nuclear One, Unit No. 1, 17, 2009, to December 30, 2009. The last issuance. Pope County, Arkansas biweekly notice was published on Amendment No.: 241. December 29, 2009 (74 FR 68867). Date of amendment request: August 5, Renewed Facility Operating License 2009. No. DPR–51: Amendment revised the Notice of Issuance of Amendments to Brief description of amendment: Facility Operating Licenses Technical Specifications/license. Current Technical Specification (TS) Date of initial notice in Federal During the period since publication of 5.5.8, ‘‘Inservice Testing Program,’’ Register: April 21, 2009 (74 FR 18254). the last biweekly notice, the contains references to the American The Commission’s related evaluation Commission has issued the following Society of Mechanical Engineers of the amendment is contained in a amendments. The Commission has (ASME) Boiler and Pressure Vessel Safety Evaluation dated December 23, determined for each of these Code, Section XI as the source of 2009. amendments that the application requirements for the inservice testing No significant hazards consideration complies with the standards and (IST) of ASME Code Class 1, 2, and 3 comments received: No. requirements of the Atomic Energy Act pumps and valves. The amendment of 1954, as amended (the Act), and the Dated at Rockville, Maryland, this 30th day deleted the references to Section XI of of December 2009. Commission’s rules and regulations. the Code and incorporated references to For The Nuclear Regulatory Commission. The Commission has made appropriate the ASME Code for Operation and findings as required by the Act and the Maintenance of Nuclear Power Plants Joseph G. Giitter, Commission’s rules and regulations in (ASME OM Code). The amendment Director, Division of Operating Reactor 10 CFR Chapter I, which are set forth in utilized some nonstandard frequencies Licensing, Office of Nuclear Reactor Regulation. the license amendment. in the IST Program in which the Notice of Consideration of Issuance of provisions of Surveillance Requirement [FR Doc. 2010–226 Filed 1–11–10; 8:45 am] Amendment to Facility Operating 3.0.2 are applicable. The changes are BILLING CODE 7590–01–P License, Proposed No Significant consistent with Technical Specification Hazards Consideration Determination, Task Force (TSTF) change travelers NUCLEAR REGULATORY and Opportunity for A Hearing in TSTF–479–A, ‘‘Changes to Reflect COMMISSION connection with these actions was Revision to 10 CFR 50.55a,’’ and TSTF– published in the Federal Register as 497–A, ‘‘Limit Inservice Testing Program [NRC–2009–0485] indicated. SR 3.0.2 Application to Frequencies of Unless otherwise indicated, the 2 Years or Less.’’ Draft Safety Culture Policy Statement: Commission has determined that these Date of issuance: December 23, 2009. Request for Public Comments; amendments satisfy the criteria for Effective date: As of the date of Extension of Comment Period categorical exclusion in accordance issuance and shall be implemented with 10 CFR 51.22. Therefore, pursuant within 90 days from the date of AGENCY: Nuclear Regulatory to 10 CFR 51.22(b), no environmental issuance. Commission (NRC). impact statement or environmental Amendment No.: 240. ACTION: Issuance of draft safety culture assessment need be prepared for these Renewed Facility Operating License policy statement and notice of amendments. If the Commission has No. DPR–51: Amendment revised the opportunity for public comment; prepared an environmental assessment Technical Specifications/license. Extension of comment period. under the special circumstances Date of initial notice in Federal provision in 10 CFR 51.22(b) and has Register: October 6, 2009 (74 FR SUMMARY: On November 6, 2009, (74 FR made a determination based on that 51330). 57525) (ML093030375), the Nuclear assessment, it is so indicated. The Commission’s related evaluation Regulatory Commission (NRC) For further details with respect to the of the amendment is contained in a published for public comment a draft action see (1) the applications for Safety Evaluation dated December 23, policy statement on safety culture to amendment, (2) the amendment, and (3) 2009. include the unique aspects of nuclear the Commission’s related letter, Safety No significant hazards consideration safety and security, and to note the Evaluation and/or Environmental comments received: No. Commission’s expectations that all NRC Assessment as indicated. All of these licensees and certificate holders items are available for public inspection Entergy Operations, Inc., Docket No. 50– establish and maintain a positive safety at the Commission’s Public Document 313, Arkansas Nuclear One, Unit No. 1, culture that protects public health and Room (PDR), located at One White Flint Pope County, Arkansas safety and the common defense and North, Public File Area 01F21, 11555 Date of amendment request: March security when carrying out licensed Rockville Pike (first floor), Rockville, 10, 2009. activities. The comment period was Maryland. Publicly available records Brief description of amendment: The scheduled to expire on February 4, will be accessible from the Agencywide amendment deleted the minimum 2010, which coincides with the final Documents Access and Management pressurizer water level requirement in day of the first of three public System (ADAMS) Public Electronic Technical Specification 3.4.9, workshops the NRC is conducting to Reading Room on the internet at the ‘‘Pressurizer,’’ and eliminated the solicit input relating to the development NRC Web site, http://www.nrc.gov/ verification of the minimum level of the safety culture policy statement, reading-rm/adams.html. If you do not requirement in Surveillance including: (1) development of a have access to ADAMS or if there are Requirement 3.4.9.1. This change is common safety culture definition; and problems in accessing the documents consistent with NUREG–1430, Revision (2) development of high-level

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description/traits of areas important to Publicly available documents created or 1:30 p.m. Briefing on Threat safety culture. Based on comments from received at the NRC are available Environment Assessment (Closed— licensees that these workshops may electronically at the NRC’s Electronic Ex. 1). stimulate additional comments on the Reading Room at http://www.nrc.gov/ Week of January 18, 2010—Tentative final draft policy statement, the NRC has reading-rm/adams.html. From this page, decided to extend the comment period the public can gain entry into ADAMS, Tuesday, January 19, 2010 on the draft policy statement from which provides text and image files of 9:30 a.m. Briefing on the NRC February 4, 2010, to March 1, 2010. NRC’s public documents. If you do not Enforcement and Allegations DATES: The comment period has been have access to ADAMS or if there are Programs (Public Meeting). (Contact: extended and now expires on March 1, problems in accessing the documents Shahram Ghasemian, 301–415–3591.) located in ADAMS, contact the NRC’s 2010. Comments received after this date This meeting will be webcast live at PDR reference staff at 1–800–397–4209, will be considered if it is practical to do the Web address—http://www.nrc.gov. so, but the Commission is able to ensure 301–415–4737, or by e-mail to consideration only for comments [email protected]. The Draft Safety Week of January 25, 2010—Tentative Culture Policy Statement is available received before this date. Tuesday, January 26, 2010 ADDRESSES: You may submit comments electronically under ADAMS Accession 9:30 a.m. Briefing on Office of Nuclear by any one of the following methods. Number ML093030375. Reactor Regulation—Programs, Please include Docket ID NRC–2009– Federal Rulemaking Web site: Public Performance, and Future Plans 0485 in the subject line of your comments and supporting materials (Public Meeting). (Contact: Quynh comments. Comments submitted in related to this notice can be found at Nguyen, 301–415–5844.) writing or in electronic form will be http://www.regulations.gov by searching posted on the NRC Web site and on the on Docket ID: NRC–2009–0485. This meeting will be webcast live at Federal rulemaking Web site FOR FURTHER INFORMATION CONTACT: the Web address—http://www.nrc.gov. Regulations.gov. Because your Alexander Sapountzis, Office of Week of February 1, 2010—Tentative comments will not be edited to remove Enforcement, Mail Stop O–4 A15A, U.S. There are no meetings scheduled for any identifying or contact information, Nuclear Regulatory Commission, the week of February 1, 2010. the NRC cautions you against including Washington, DC 20555–0001, or by e- any information in your submission that mail to [email protected] Week of February 8, 2010—Tentative you do not want to be publicly or Maria E. Schwartz, Office of Tuesday, February 9, 2010 disclosed. Enforcement, Mail Stop O–4 A15A, U.S. The NRC requests that any party Nuclear Regulatory Commission, 9:30 a.m. Briefing on Regional soliciting or aggregating comments Washington, DC 20555–0001, or by e- Programs—Programs, Performance, received from other persons for mail to [email protected]. and Future Plans (Public Meeting). submission to the NRC inform those For the Nuclear Regulatory Commission: (Contact: Richard Barkley, 610–337– 5065.) persons that the NRC will not edit their Dated at Rockville, Maryland, this 5th day comments to remove any identifying or of January 2010. This meeting will be webcast live at contact information, and therefore, they Roy P. Zimmerman, the Web address—http://www.nrc.gov. should not include any information in Director, Office of Enforcement. Week of February 15, 2010—Tentative their comments that they do not want [FR Doc. 2010–335 Filed 1–11–10; 8:45 am] publicly disclosed. Thursday, February 18, 2010 BILLING CODE 7590–01–P Federal Rulemaking Web site: Go to 9:30 a.m. Briefing on Office of Nuclear http://www.regulations.gov and search Regulatory Research—Programs, for documents filed under Docket ID NUCLEAR REGULATORY Performance, and Future Plans NRC–2009–0485. Address questions COMMISSION (Public Meeting). (Contact: Patricia about NRC dockets to Carol Gallagher, Santiago, 301–251–7982.) 301–492–3668; e-mail [NRC–2010–0002] This meeting will be webcast live at [email protected]. the Web address—http://www.nrc.gov. Mail comments to: Michael T. Lesar, Sunshine Act Meeting Notice Chief, Rulemaking and Directives * * * * * Branch (RDB), Division of AGENCY HOLDING THE MEETINGS: Nuclear * The schedule for Commission Administrative Services, Office of Regulatory Commission. meetings is subject to change on short Administration, Mail Stop: TWB–05– DATES: Weeks of January 11, 18, 25, and notice. To verify the status of meetings, B01M, U.S. Nuclear Regulatory February 1, 8, 15, 2010. call (recording)—(301) 415–1292. Contact person for more information: Commission, Washington, DC 20555– PLACE: Commissioners’ Conference Rochelle Bavol, (301) 415–1651. 0001, or by fax to RDB at (301) 492– Room, 11555 Rockville Pike, Rockville, 3446. Maryland. * * * * * The NRC Commission Meeting You can access publicly available STATUS: Public and Closed. documents related to this notice using Schedule can be found on the Internet the following methods: Week of January 11, 2010 at: http://www.nrc.gov/about-nrc/policy- making/schedule.html. NRC’s Public Document Room (PDR): Tuesday, January 12, 2010 The public may examine and have * * * * * copied for a fee publicly available 9:30 a.m. Briefing on Office of Nuclear The NRC provides reasonable documents at the NRC’s PDR, Public Security and Incident Response— accommodation to individuals with File Area O1 F21, One White Flint Programs, Performance, and Future disabilities where appropriate. If you North, 11555 Rockville Pike, Rockville, Plans (Public Meeting). (Contact: need a reasonable accommodation to Maryland. Marshall Kohen, 301–415–5436.) participate in these public meetings, or NRC’s Agencywide Documents Access This meeting will be webcast live at need this meeting notice or the and Management System (ADAMS): the Web address—http://www.nrc.gov. transcript or other information from the

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public meetings in another format (e.g. CFR 71.5(b), NRC provided licensees a ACTION: Notice. braille, large print), please notify Angela method to request a modification, Bolduc, Chief, Employee/Labor waiver, or exemption from the DOT SUMMARY: The Postal Service has filed Relations and Work Life Branch, at 301– regulations imposed in § 71.5(a). RG 7.5, an Annual Compliance Report on the 492–2230, TDD: 301–415–2100, or by e- originally published in May 1977, costs, revenues, rates, and quality of mail at [email protected]. provided guidance on obtaining a service associated with its products in Determinations on requests for modification, waiver, or exemption from fiscal year 2009. Within 90 days, the reasonable accommodation will be the NRC-imposed DOT regulations via Commission must evaluate that made on a case-by-case basis. 10 CFR 71.5(b). information and issue its determination * * * * * The number of shipments currently as to whether rates were in compliance This notice is distributed not subject to DOT regulations is with title 39, chapter 36 and whether electronically to subscribers. If you no markedly lower than in 1997. service standards in effect were met. To longer wish to receive it, or would like Shipments of licensed material that assist in this, the Commission seeks to be added to the distribution, please would not be subject to DOT regulations public comments on the Postal Service’s contact the Office of the Secretary, are those shipments that are not in Annual Compliance Report. Washington, DC 20555 (301–415–1969), commerce, e.g., Federal, State, or local DATES: Comments are due: February 1, or send an e-mail to government radioactive material 2010. Reply comments are due: [email protected]. shipments transported by government February 16, 2010. employees in government vehicles. In Dated: January 7, 2010. the almost 11 years after the DOT final ADDRESSES: Submit comments Rochelle C. Bavol, rule became effective on October 1, electronically via the Commission’s Office of the Secretary. 1998, NRC has not approved any Filing Online system at http:// [FR Doc. 2010–466 Filed 1–8–10; 4:15 pm] requests for exemption, waiver, or www.prc.gov. Commenters who cannot BILLING CODE 7590–01–P modification of DOT requirements submit their views electronically should under 10 CFR 71.5(b). contact the person identified in ‘‘FOR FURTHER INFORMATION CONTACT’’ NUCLEAR REGULATORY II. Further Information by telephone for advice on alternatives COMMISSION The withdrawal of RG 7.5 does not to electronic filing. [NRC–2010–0008] alter any prior or existing licensing FOR FURTHER INFORMATION CONTACT: commitments based on its use. The Stephen L. Sharfman, General Counsel, Withdrawal of Regulatory Guide 7.5 guidance provided in this RG is neither 202–789–6820 or necessary nor current. RGs may be AGENCY: Nuclear Regulatory [email protected]. withdrawn when their guidance is Commission. superseded by congressional action or SUPPLEMENTARY INFORMATION: Section ACTION: Withdrawal of Regulatory Guide no longer provides useful information. 3652 of title 39 of the United States 7.5, ‘‘Administrative Guide for Regulatory guides are available for Code requires the Postal Service to file Obtaining Exemptions From Certain inspection or downloading through the several reports with the Postal NRC Requirements Over Radioactive NRC’s public Web site under Regulatory Commission. Section Material Shipments.’’ ‘‘Regulatory Guides’’ in the NRC’s 3652(a)(1) requires a report on the costs, Electronic Reading Room at http:// revenues, rates, and quality of service FOR FURTHER INFORMATION CONTACT: www.nrc.gov/reading-rm/doc- associated with its products within 90 Thomas J. Herrity, Office of Nuclear collections. Regulatory guides are also days after the close of each fiscal year. Regulatory Research, U.S. Nuclear available for inspection at the NRC’s That section requires that the Postal Regulatory Commission, Washington, Public Document Room (PDR), Room O– Service’s annual report be sufficiently DC 20555–0001, telephone: 301–251– 1 F21, One White Flint North, 11555 detailed to allow the Commission and 7447 or e-mail [email protected]. Rockville Pike, Rockville, Maryland the public to determine whether the SUPPLEMENTARY INFORMATION: 20852–2738. You can reach the PDR rates charged and the service provided I. Introduction staff by telephone at 301–415–4737 or comply with all of the requirements of 800–397–4209, by fax at 301–415–3548, title 39. The U.S. Nuclear Regulatory and by e-mail to [email protected]. Commission (NRC) is withdrawing The Postal Service filed annual Regulatory Guide (RG) 7.5, Dated at Rockville, Maryland, this 5th day reports to the Commission in ‘‘Administrative Guide for Obtaining of January 2010. compliance with 39 U.S.C. 3652 on Exemptions From Certain NRC For the Nuclear Regulatory Commission. December 29, 2009, referred to Requirements Over Radioactive Material Andrea D. Valentin, comprehensively as the Annual Shipments.’’ Chief, Regulatory Guide Development Branch, Compliance Report (ACR) FY 2009. Prior to expansion of the Department Division of Engineering, Office of Nuclear Appended to it are four basic data of Transportation (DOT) regulations in Regulatory Research. reports: (1) The Cost and Revenue 1998 to include hazardous material [FR Doc. 2010–336 Filed 1–11–10; 8:45 am] Analysis (CRA); (2) the International transported while in intrastate BILLING CODE 7590–01–P Cost and Revenue Analysis (ICRA); (3) commerce, most intrastate shipments of the models of costs avoided by NRC-licensed material were not subject worksharing; and (4) billing determinant 1 to DOT regulations. Recognizing this, in POSTAL REGULATORY COMMISSION information. A full list of materials 10 CFR 71.5, ‘‘Transportation of supporting the FY 2009 ACR Licensed Material,’’ the NRC imposed [Docket No. ACR2009; Order No. 380] 1 United States Postal Service FY 2009 Annual the same DOT requirements on these FY 2009 Annual Compliance Report; shipments (through 10 CFR 71.5(b)) that Compliance Report, December 29, 2009 (FY 2009 Comment Request ACR). Public portions of the Postal Service’s filing were already imposed on shipments in are available at the Commission’s Web site, http:// interstate commerce. Additionally, in 10 AGENCY: Postal Regulatory Commission. www.prc.gov.

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accompanies the report as Attachment are referred in particular to applicable and in need of non-public treatment, One. requirements (39 U.S.C. 3622(d), (e) and and describe with particularity the The Postal Service observes that all 3626); objectives (39 U.S.C. 3622(b)); nature of the competitive harm that four basic data reports (CRA, ICRA, and factors (39 U.S.C. 3622(c)). public disclosure is likely to cause.4 avoided cost studies, and billing Commenters addressing competitive Accordingly, the Postal Service has determinants) have traditionally been products are referred to 39 U.S.C. 3633. accompanied its FY 2009 ACR with an filed with the Commission on an annual The Commission also solicits public application for non-public treatment of basis, and therefore are familiar to the comment on whether any service certain competitive product Commission, both from prior rate cases standards in effect during FY 2009 were information, including its supporting and the previous two ACRs. It notes that not met. Commenters addressing the rationale in Attachment Two. There, the there has been a significant change in achievement of service standards for Postal Service argues that costs at the the format of some of these materials. products within the market dominant level of individual competitive products Where the CRA formerly presented classes of mail or special services are and below are generally commercially financial data for competitive products referred to 39 CFR parts 121 and 122, sensitive, and that volume and revenue as a single line item, it now presents adopted 72 FR 72216 et seq., December at the level of billing determinants are data for five competitive product 19, 2007. commercially sensitive. In its domestic groups, consistent with the new format Additionally, the Commission solicits CRA, the Postal Service has aggregated in which the Postal Service presents the public comment on whether the Postal competitive products into five groups public version of the Revenue, Pieces, Service has met the goals established in that it views as appropriate for public and Weight report. In addition, the non- the annual Comprehensive Statement disclosure—Total Express Mail, Total public annex filed by the Postal Service and program and performance plans Priority Mail, Total Ground, Total for the first time presents detailed included in the Comprehensive International Competitive, and financial data for competitive product Statement, which will assist the Competitive Services. In its FY 2008 NSAs. The supporting documentation Commission in developing appropriate domestic CRA, it had presented for this new level of detail in these areas recommendations to the Postal Service comparable data in a single competitive also remains in its non-public annex. Id. related to the protection or promotion of products line item. at 83–85. Finally, the Postal Service has the public policy objectives of title 39. filed a public and a non-public version Comments by interested persons are Among the materials submitted by the of its Cost Segments and Components due on or before February 1, 2010. Postal Service as part of its filing is a Reconciliation to Financial Statements Reply comments are due on or before document identified as USPS-FY09–9, and Account Reallocations report. February 16, 2010. After completing its which serves as a roadmap summarizing Financial accounts relating to review of the FY 2009 ACR, public other materials submitted as part of the competitive products have been comments, and any other information FY 2009 ACR and discussing changes in redacted from the public version. In the submitted in this proceeding, the methodologies from those used in the FY 2008 ACR, this was filed as an Commission will issue an Annual FY 2008 ACD. The Postal Service unredacted public document. Compliance Determination (ACD). explains that methodological changes Section 3652(g) of title 39 requires This is the third compliance report are discussed in general terms in a that the Comprehensive Statement of filed by the Postal Service since passage separate section of the roadmap Postal Operations mandated by 39 of the Postal Accountability and document (USPS-FY09–9), and in more U.S.C. 2401(e) and performance and Enhancement Act (PAEA). Some of the detail in the narrative preface program plans mandated by sections issues raised by transitioning from the accompanying each of the appended 2803 and 2804 be included as a part of Postal Reorganization Act to the PAEA materials. The Postal Service explains the Postal Service’s annual compliance were resolved in FY 2009, easing the that to the extent feasible it has adhered report. The Postal Service’s task of the Postal Service in preparing to the methodologies used in the FY Comprehensive Statement is filed as its report, and the task of the 2008 ACD or approved by the USPS-FY09–17 and is also available on Commission and the public in Commission in informal rulemakings its Web site: http://www.usps.com/ evaluating it. The Commission has subsequent to the FY 2008 ACD. On strategicplanning/cs09/CSPOl09.pdf. adopted rules prescribing the form and pages 5 and 6 of the FY 2009 ACR, the After receiving the FY 2009 ACR, the content of the Postal Service’s periodic Postal Service provides a list of dockets Commission is required under 39 U.S.C. reports, including its annual compliance in which it has proposed changes to 3653 to provide interested persons with report.3 In its FY 2009 ACR, the Postal analytical principles used in periodic an opportunity to comment on these Service presents costs and revenues reporting, and identifies those reports and to appoint a Public aligned (for the most part) with the rulemakings that have been completed Representative to represent the interests market dominant and competitive and those that are still pending. With of the general public. Kenneth E. product lists in the Mail Classification respect to those that are still pending, Richardson serves as the Public Schedule. the Postal Service observes that in some Representative in this docket.2 In FY 2009, the Commission also instances, use of a changed analytical The Commission hereby solicits adopted rules governing the treatment of principle was necessary to reflect public comment on these reports, and commercially sensitive information. changed circumstances. In all other on whether any rates or fees in effect Those rules require the Postal Service to instances, the Postal Service explains during FY 2009 (for products apply for non-public treatment of that it has provided ‘‘toggle switches’’ in individually or collectively) were not in information required in periodic the documentation to allow the impact compliance with applicable provisions reports. Its application must specify its of the proposed change to be separately of chapter 36 of title 39 (or regulations reasons for concluding the particular identified and reversed, if necessary. FY promulgated thereunder). Commenters information is commercially sensitive 2009 ACR at 6. addressing market dominant products 3 See Docket No. RM2008–4, Notice of Final Rule 4 See Docket No. RM2008–1, Final Rule 2 See Notice of Appointment of Public Prescribing Form and Content of Periodic Reports, Establishing Appropriate Confidentiality Representative, October 28, 2009. April 16, 2009. Procedures, June 19, 2009.

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The Postal Service’s FY 2009 ACR exceeded avoided costs in FY 2009. Id. agency, whether the burden estimates discusses the evolution of its at 58–73. are accurate, and if there are ways to measurement of service standards to With respect to competitive products, minimize the estimated burden and meet the mandate of 39 U.S.C. seven international products failed to enhance the quality of the collection, to 3652(a)(2)(B)(i). The Postal Service recover their attributable costs— Cynthia Pitts, Director, Disaster reports that its hybrid IMb-based system Inbound International Expedited Administrative Services, Small Business for obtaining service performance Services 1 and 2; Inbound Surface Administration, 409 3rd Street, 6th results for bulk market dominant Parcel Post at Non-UPU Rates; Floor, Washington, DC 20416. products is still under development. International Money Transfer Service; FOR FURTHER INFORMATION CONTACT: The Postal Service intends to use data Competitive Registered Mail; Cynthia Pitts, mailto: Director, 202– from this system to measure service Competitive Insurance; Competitive 205–7570 [email protected] Curtis performance of its bulk mail products in Return Receipt; and Competitive B. Rich, Management Analyst, 202–205– the future. Id. at 9–10. Also of interest International Business Reply Service 7030 [email protected] is the expansion of the coverage of the negotiated service agreement contracts. SUPPLEMENTARY INFORMATION: Per OMB Postal Service’s EXFC system for Id. at 77–79. Circular A–123, Appendix B. Agencies measuring the service performance of The Postal Service estimates that must perform credit score inquiries and single-piece First-Class Mail from 463 competitive products as a whole analysis prior to issuing travel credit 3–digit ZIP Code areas to 892 3–digit covered their incremental costs, cards. When credit score inquiry results ZIP Code areas. It notes that on-time calculated two alternative ways, and in no score, this form will be used as an performance in the expansion ZIP Codes therefore pass the test for identifying alternative means to asses credit history initially lagged the on-time performance cross-subsidy of competitive products as required by the Circular. of the legacy ZIP Codes by 13.5 percent, by market dominant products. It, Title: ‘‘Alternatives Creditworthiness but that management initiatives reduced therefore, concludes competitive Assessment.’’ that gap to less than 1 percent by the products were in compliance with 39 Description of Respondents: end of FY 2009. Id. at 12–13. U.S.C. 3633(a)(1). Applicants applying for Disaster Loans. In its most recent compliance It is ordered: Form Number: 2294. determination, the Commission raised 1. The Commission establishes Docket Annual Responses: 1,849. concerns about the customer satisfaction No. ACR2009 to consider matters raised Annual Burden: 8. measurement survey used by the Postal by the Postal Service’s FY 2009 Annual Service in its FY 2008 ACR. The Postal FOR FURTHER INFORMATION CONTACT: Compliance Report. Carol Fendler, mail to: System Service describes new modifications it 2. Comments on the United States made to improve that system, id. at 16– Accountant, Office of Investment 202– Postal Service FY 2009 Annual 205–7559, [email protected]; Curtis 17, and customer satisfaction Compliance Report to the Commission, measurement instruments it has B. Rich, Management Analyst, 202–205– including the Comprehensive Statement 7030, [email protected]. developed and is implementing for use of Postal Operations and other reports, SUPPLEMENTARY INFORMATION: in its FY 2010 ACR. Id. at 19. are due on or before February 1, 2010. SBA Generally, market dominant products 3. Reply comments are due on or Forms 2181, 2182 and 2183 provide that were flat shaped or parcel shaped before February 16, 2010. SBA with the necessary information to failed to cover their attributable costs in 4. The Secretary shall arrange for make properly supported decisions FY 2009. For example, Periodicals lost publication of this order in the Federal regarding the approval denial of an $642 million, earning revenues that Register. applicant for a small business were only 76 percent of attributable investment company (SBIC) license. costs. Id. at 40, Table 3. Standard By the Commission. SBA uses this information to asses an Regular flats, and Standard Regular Shoshana M. Grove, applicants ability to successfully parcels and NFMs together lost $830 Secretary. operate an SBIC within the scope of the million. Flats were roughly 82 percent [FR Doc. 2010–295 Filed 1–11–10; 8:45 am] Small Business Investment Act, as of attributable costs, and revenues for BILLING CODE 7710–FW–S amended. parcels and NFMs were roughly 75 Title: ‘‘SBIC Management Assessment percent of attributable costs. Id. at 26, Questionnaire (MAQ) & License Table 2. Package Services, as a class, SMALL BUSINESS ADMINISTRATION Application; Exhibits to SBIC License lost $53 million. Among package Applications/MAQ.’’ services products, only Bound Printed Data Collection Available for Public Description of Respondents: Small Matter flats and Inbound Surface Parcel Comments and Recommendations Business Owners and Farmers. Post covered their attributable costs. Id. Form Number’s: 2181, 2182, 2183. at 42–43, Table 4. Four Special Services ACTION: Notice and request for Annual Responses: 255. failed to recover their attributable comments. Annual Burden: 4,300. costs—Registered Mail, Stamped Cards, SUMMARY: Jacqueline White, International Ancillary Services, and In accordance with the Confirm. Id. at 52–53, Table 5. Finally, Paperwork Reduction Act of 1995, this Chief, Administrative Information Branch. International Inbound Single-Piece notice announces the Small Business [FR Doc. 2010–322 Filed 1–11–10; 8:45 am] First-Class Mail failed to cover its costs, Administration’s intentions to request BILLING CODE 8025–01–P earning revenues that were approval on a new and/or currently approximately 60 percent of attributable approved information collection. costs. Id. at 22. Additionally, the Postal DATES: Submit comments on or before SMALL BUSINESS ADMINISTRATION March 15, 2010. Service provides a discussion of the Disaster Declaration # 12006 and # competing policy considerations that ADDRESSES: Send all comments 12007; New York Disaster # NY–00086 impact workshare discounts and the regarding whether these information reasons a substantial number of collections are necessary for the proper AGENCY: U.S. Small Business workshare discounts may have performance of the function of the Administration.

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ACTION: Notice. SMALL BUSINESS ADMINISTRATION (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) SUMMARY: This is a Notice of the Disaster Declaration # 12008 and # James E. Rivera, Presidential declaration of a major 12009; Alabama Disaster # AL–00028 disaster for Public Assistance Only for Associate Administrator for Disaster the State of New York (FEMA—1869— AGENCY: U.S. Small Business Assistance. DR), dated 12/31/2009. Administration. [FR Doc. 2010–327 Filed 1–11–10; 8:45 am] Incident: Severe Storms and Flooding ACTION: Notice. BILLING CODE 8025–01–P Associated with Tropical Depression Ida and a Nor’easter. SUMMARY: This is a Notice of the Presidential declaration of a major SMALL BUSINESS ADMINISTRATION Incident Period: 11/12/2009 through disaster for Public Assistance Only for 11/14/2009. the State of Alabama (FEMA–1870–DR), Disaster Declaration # 11964 and # Effective Date: 12/31/2009. dated 12/31/2009. 11965; Louisiana Disaster Number LA– Physical Loan Application Deadline Incident: Severe Storms and Flooding. 00028 Date: 03/01/2010. Incident Period: 12/12/2009 through AGENCY: U.S. Small Business Economic Injury (EIDL) Loan 12/18/2009. Administration. Application Deadline Date: 10/01/2010. Effective Date: 12/31/2009. ACTION: ADDRESSES: Submit completed loan Physical Loan Application Deadline Amendment 1. applications to: U.S. Small Business Date: 03/01/2010. SUMMARY: Administration, Processing and Economic Injury (EIDL) Loan This is an amendment of the Disbursement Center, 14925 Kingsport Application Deadline Date: 10/01/2010. Presidential declaration of a major Road, Fort Worth, TX 76155. disaster for Public Assistance Only for ADDRESSES: Submit completed loan the State of Louisiana (FEMA–1863– FOR FURTHER INFORMATION CONTACT: A. applications to: U.S. Small Business DR), dated 12/10/2009. Escobar, Office of Disaster Assistance, Administration, Processing and U.S. Small Business Administration, Disbursement Center, 14925 Kingsport Incident: Severe Storms, Tornadoes, 409 3rd Street, SW., Suite 6050, Road, Fort Worth, TX 76155. and Flooding. Washington, DC 20416. Incident Period: 10/29/2009 through FOR FURTHER INFORMATION CONTACT: A. SUPPLEMENTARY INFORMATION: Notice is Escobar, Office of Disaster Assistance, 11/03/2009. hereby given that as a result of the U.S. Small Business Administration, Effective Date: 12/31/2009. President’s major disaster declaration on 409 3rd Street, SW., Suite 6050, Physical Loan Application Deadline 12/31/2009, Private Non-Profit Washington, DC 20416 Date: 02/08/2010. organizations that provide essential SUPPLEMENTARY INFORMATION: Notice is services of governmental nature may file Economic Injury (EIDL) Loan hereby given that as a result of the disaster loan applications at the address Application Deadline Date: 09/10/2010. President’s major disaster declaration on listed above or other locally announced 12/31/2009, Private Non-Profit ADDRESSES: Submit completed loan locations. organizations that provide essential applications to: U.S. Small Business The following areas have been services of governmental nature may file Administration, Processing and determined to be adversely affected by disaster loan applications at the address Disbursement Center, 14925 Kingsport the disaster: listed above or other locally announced Road, Fort Worth, TX 76155. Primary Counties: Nassau, Suffolk. locations. FOR FURTHER INFORMATION CONTACT: A. The Interest Rates are: The following areas have been Escobar, Office of Disaster Assistance, determined to be adversely affected by U.S. Small Business Administration, Percent the disaster: 409 3rd Street, SW., Suite 6050, Primary Counties Washington, DC 20416. For Physical Damage: Non-Profit Organizations with Barbour, Butler, Clarke, Coffee, SUPPLEMENTARY INFORMATION: The notice Credit Available Elsewhere ... 3.625 Conecuh, Covington, Crenshaw, Dale, of the President’s major disaster Non-Profit Organizations with- Escambia, Geneva, Henry, Pike. declaration for Private Non-Profit out Credit Available Else- organizations in the State of The Interest Rates are: where ...... 3.000 LOUISIANA, dated 12/10/2009, is For Economic Injury: hereby amended to include the Non-Profit Organizations with- Percent out Credit Available Else- following areas as adversely affected by where ...... 3.000 For Physical Damage: the disaster. Non-Profit Organizations with Credit Available Elsewhere ... 3.625 Primary Counties: Catahoula, Franklin. The number assigned to this disaster Non-Profit Organizations with- for physical damage is 120066 and for All other information in the original out Credit Available Else- declaration remains unchanged. economic injury is 120076. where ...... 3.000 (Catalog of Federal Domestic Assistance For Economic Injury: (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Non-Profit Organizations with- Numbers 59002 and 59008) out Credit Available Else- James E. Rivera, where ...... 3.000 James E. Rivera, Associate Administrator for Disaster Associate Administrator for Disaster Assistance. The number assigned to this disaster Assistance. [FR Doc. 2010–324 Filed 1–11–10; 8:45 am] for physical damage is 120086 and for [FR Doc. 2010–326 Filed 1–11–10; 8:45 am] BILLING CODE 8025–01–P economic injury is 120096. BILLING CODE 8025–01–P

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SMALL BUSINESS ADMINISTRATION contract solicitation or received a framework includes qualification contract from the Federal government criteria for Small Business Size Standards: within the last 24 months. 13 CFR SIBHCs, as well as recordkeeping and Waiver of the Nonmanufacturer Rule 121.1202(c). The SBA defines ‘‘class of reporting requirements. Among other products’’ based on the Office of things, this regulatory framework for AGENCY: U.S. Small Business Management and Budget’s NAICS SIBHCs is intended to provide a basis Administration. system and (PSCs) to further identify for non-U.S. financial regulators to treat ACTION: Notice of intent to waive the particular products within the NAICS the Commission as the principal U.S. Nonmanufacturer Rule for Compressed code to which a waiver would apply. consolidated, home-country supervisor and Liquefied Gases. The public is invited to comment or for SIBHCs and their affiliated broker- provide source information to SBA on 5 SUMMARY: The U.S. Small Business dealers. Administration (SBA) is considering the proposed waiver of the Pursuant to Section 17(i)(3)(A) of the granting a waiver of the Nonmanufacturer Rule for this class of Exchange Act, an SIBHC must make and product within 15 days after date of Nonmanufacturer Rule for Compressed keep records, furnish copies thereof, publication in the Federal Register. and Liquefied Gases, Product Service and make such reports as the 6 Code (PSC) 6830, North American Dated: January 5, 2010. Commission may require by rule. Rule Industry Classification (NAICS) code Dean Koppel, 17i–8 requires that an SIBHC to notify 325120. According to a request, no Acting Director, Office of Government the Commission upon the occurrence of small business manufacturers supply Contracting. certain events that would indicate a this class of product to the Federal [FR Doc. 2010–328 Filed 1–11–10; 8:45 am] decline in the financial and operational well-being of the firm. Government. If granted, the waiver BILLING CODE 8025–01–P would allow otherwise qualified small The collections of information businesses to supply the products of any included in Rule 17i–8 are necessary to allow the Commission to effectively manufacturer on a Federal contract set SECURITIES AND EXCHANGE determine whether supervision of an aside for small businesses, service- COMMISSION disabled veteran-owned small IBHC as an SIBHC is necessary or businesses, or Participants in the SBA’s Submission for OMB Review; appropriate in furtherance of the 8(a) Business Development (BD) Comment Request purposes of Section 17 of the Act and Program. allow the Commission to supervise the Upon Written Request, Copies Available activities of these SIBHCs. Rule 17i–8 DATES: Comments and source From: U.S. Securities and Exchange also enhances the Commission’s information must be submitted January Commission, Office of Investor supervision of the SIBHCs’ subsidiary 27, 2010. Education and Advocacy, broker-dealers through collection of ADDRESSES: You may submit comments Washington, DC 20549–0213. additional information and inspections and source information to Amy Garcia, Extension: of affiliates of those broker-dealers. Program Analyst, U.S. Small Business Rule 17i–8; SEC File No. 270–533; OMB Without these notices, the Commission Administration, Office of Government Control No. 3235–0591. would be unable to adequately Contracting, 409 3rd Street, SW., Suite Notice is hereby given that pursuant supervise an SIBHC, nor would it be 8800, Washington, DC 20416. to the Paperwork Reduction Act of able to determine whether continued FOR FURTHER INFORMATION CONTACT: 1995 1 the Securities and Exchange supervision of an IBHC as an SIBHC Amy Garcia, by telephone at (202) 205– Commission (‘‘Commission’’) has were necessary and appropriate in 6842; by FAX at (202) 481–1630; or by submitted to the Office of Management furtherance of the purposes of Section e-mail at [email protected]. and Budget a request for extension of 17 of the Act. SUPPLEMENTARY INFORMATION: Section the previously approved collections of We estimate that three IBHCs will file 8(a)(17) of the Small Business Act (Act), information discussed below. The Code Notices of Intention with the 15 U.S.C. 637(a)(17), and SBA’s of Federal Regulation citation to this Commission to be supervised by the implementing regulations require that collection of information is the Commission as SIBHCs. An SIBHC will recipients of Federal contracts set aside following rule: 17 CFR 240.17i–8. require about one hour to create a notice for small businesses, service-disabled Section 231 of the Gramm-Leach- required to be submitted to the 2 veteran-owned small businesses, or Bliley Act of 1999 (the ‘‘GLBA’’) Commission pursuant to Rule 17i–8. participants in the SBA’s 8(a) BD amended Section 17 of the Securities However, as these notices only need be Program provide the product of a small Exchange Act of 1934 (15 U.S.C. 78q) filed in certain situations indicative of business manufacturer or processor, if (the ‘‘Exchange Act’’) to create a financial or operational difficulty, only the recipient is other than the actual regulatory framework under which a one SIBHC may be required to file manufacturer or processor of the holding company of a broker-dealer notice pursuant to the Rule every other ‘‘ ’’ product. This requirement is commonly ( investment bank holding company or year. Thus, we estimate that the annual ‘‘ ’’ referred to as the Nonmanufacturer IBHC ) may voluntarily be supervised burden of Rule 17i–8 for all SIBHCs Rule. 13 CFR 121.406(b). Section by the Commission as a supervised would be about 30 minutes. 8(a)(17)(b)(iv) of the Act authorizes SBA investment bank holding company (or The reports and notices required to be ‘‘ ’’ 3 to waive the Nonmanufacturer Rule for SIBHC ). In 2004, the Commission filed pursuant to Rule 17i–8 must be any ‘‘class of products’’ for which there promulgated rules, including Rule 17i– preserved for a period of not less than 8, to create a framework for the three years.7 The collection of are no small business manufacturers or 4 processors available to participate in the Commission to supervise SIBHCs. This information is mandatory and the Federal market. In order to be 1 44 U.S.C. 3501 et seq. 5 See H.R. Conf. Rep. No. 106–434, 165 (1999). considered available to participate in 2 Pub. L. 106–102, 113 Stat. 1338 (1999). See also Exchange Act Release No. 49831, at 6 (Jun. the Federal market for a class of 3 See 15 U.S.C. 78q(i). 8, 2004), 69 FR 34472, at 34473 (Jun. 21, 2004). products, a small business manufacturer 4 See Exchange Act Release No. 49831 (Jun. 8, 6 15 U.S.C. 78q(i)(3)(A). must have submitted a proposal for a 2004), 69 FR 34472 (Jun. 21, 2004). 7 17 CFR 240.17i–5(b)(4).

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information required to be provided to Exchange Act of 1934 (15 U.S.C. 78a et Dated: January 6, 2010. the Commission pursuant to this Rule is seq.) (‘‘Exchange Act’’). Florence E. Harmon, deemed confidential pursuant to Rule 17Ad–13 requires approximately Deputy Secretary. Section 17(j) of the Exchange Act and 150 registered transfer agents to obtain [FR Doc. 2010–304 Filed 1–11–10; 8:45 am] Section 552(b)(3)(B) of the Freedom of an annual report on the adequacy of BILLING CODE 8011–01–P Information Act,8 notwithstanding any internal accounting controls. In other provision of law. In addition, addition, transfer agents must maintain paragraph 17i–8(c) specifies that the SECURITIES AND EXCHANGE notices and reports filed in accordance copies of any reports prepared pursuant COMMISSION with Rule 17i–8 will be accorded to Rule 17Ad–13 plus any documents confidential treatment to the extent prepared to notify the Commission and Submission for OMB Review; permitted by law. appropriate regulatory agencies in the Comment Request event that the transfer agent is required An agency may not conduct or to take any corrective action. These Upon Written Request, Copies Available sponsor, and a person is not required to From: U.S. Securities and Exchange recordkeeping requirements assist the respond to, a collection of information Commission, Office of Investor Commission and other regulatory unless it displays a currently valid Education and Advocacy, control number. agencies with monitoring transfer agents Washington, DC 20549–0213. Comments should be directed to: (i) and ensuring compliance with the rule. Small transfer agents are exempt from Extension: Desk Officer for the Securities and Rule 17i–5; SEC File No. 270–531; OMB Exchange Commission Office of Rule 17Ad–13. Control No. 3235–0590. Information and Regulatory Affairs, The staff estimates that the average Notice is hereby given that pursuant Office of Management and Budget, number of hours necessary for each to the Paperwork Reduction Act of Room 10102, New Executive Office transfer agent to comply with Rule 1995 1 the Securities and Exchange Building, Washington, DC, 20503 or by 17Ad–13 is 120 hours annually. The Commission (‘‘Commission’’) has sending an e-mail to: total burden is 18,000 hours annually submitted to the Office of Management _ Shagufta [email protected]; and for transfer agents, based upon past and Budget a request for extension of (ii) Charles Boucher, Director/Chief submissions. The staff estimates that the the previously approved collections of Information Officer, Securities and average cost per hour is approximately information discussed below. The Code Exchange Commission, c/o Shirley $60. Therefore, the total cost of of Federal Regulations citation to this Martinson, 6432 General Green Way, compliance for transfer agents is collection of information is the Alexandria, Virginia 22312 or send an e- $1,080,000. following rule: 17 CFR 240.17i–5. mail to [email protected]. Section 231 of the Gramm-Leach- Comments must be submitted to OMB The retention period for the Bliley Act of 1999 2 (the ‘‘GLBA’’) within 30 days of this notice. recordkeeping requirement under Rule amended Section 17 of the Securities 17Ad–13 is three years following the Dated: January 6, 2010. Exchange Act of 1934 (15 U.S.C. 78q) date of a report prepared pursuant to the (the ‘‘Exchange Act’’) to create a Florence E. Harmon, rule. The recordkeeping requirement Deputy Secretary. regulatory framework under which a under Rule 17Ad–13 is mandatory to holding company of a broker-dealer [FR Doc. 2010–302 Filed 1–11–10; 8:45 am] assist the Commission and other (‘‘investment bank holding company’’ or BILLING CODE 8011–01–P regulatory agencies with monitoring ‘‘IBHC’’) may voluntarily be supervised transfer agents and ensuring compliance by the Commission as a supervised investment bank holding company (or SECURITIES AND EXCHANGE with the rule. This rule does not involve ‘‘SIBHC’’).3 In 2004, the Commission COMMISSION the collection of confidential information. promulgated rules, including Rule 17i– 5, to create a framework for the Submission for OMB Review; Please note that an agency may not Commission to supervise SIBHCs.4 This Comment Request conduct or sponsor, and a person is not framework includes qualification required to respond to, a collection of Upon Written Request, Copies Available criteria for SIBHCs, as well as information unless it displays a From: Securities and Exchange recordkeeping and reporting currently valid control number. Commission, Office of Investor requirements. Among other things, this Education and Advocacy, Comments should be directed to: (i) regulatory framework for SIBHCs is Washington, DC 20549–0213. Desk Officer for the Securities and intended to provide a basis for non-U.S. Extension: Exchange Commission, Office of financial regulators to treat the Rule 17Ad–13; SEC File No. 270–263; Information and Regulatory Affairs, Commission as the principal U.S. OMB Control No. 3235–0275. Office of Management and Budget, consolidated, home-country supervisor Room 10102, New Executive Office for SIBHCs and their affiliated broker- Notice is hereby given that pursuant Building, Washington, DC 20503 or by dealers.5 to the Paperwork Reduction Act of 1995 sending an e-mail to: (i) Pursuant to Section 17(i)(3)(A) of the (44 U.S.C. 3501 et seq.), the Securities [email protected]; and Exchange Act, an SIBHC would be and Exchange Commission (ii) Charles Boucher, Director/Chief required to make and keep records, (‘‘Commission’’) has submitted to the Information Officer, Securities and Office of Management and Budget a 1 44 U.S.C. 3501 et seq. Exchange Commission, c/o Shirley request for approval of extension of the 2 Pub. L. 106–102, 113 Stat. 1338 (1999). existing collection of information Martinson, 6432 General Green Way, 3 See 15 U.S.C. 78q(i). provided for Rule 17Ad–13 (17 CFR Alexandria, Virginia 22312 or send an 4 See Exchange Act Release No. 49831 (Jun. 8, _ 240.17Ad–13) under the Securities e-mail to PRA [email protected]. 2004), 69 FR 34472 (Jun. 21, 2004). Comments must be submitted to OMB 5 See H.R. Conf. Rep. No. 106–434, 165 (1999). See also Exchange Act Release No. 49831, at 6 (Jun. 8 5 U.S.C. 552(b)(3)(B). within 30 days of this notice. 8, 2004), 69 FR 34472, at 34473 (Jun. 21, 2004).

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furnish copies thereof, and make such such counterparty for a cost of $1,410.9 Martinson, 6432 General Green Way, reports as the Commission may require Finally, an SIBHC will generally require Alexandria, Virginia 22312 or send an by rule.6 Rule 17i–5 requires that an about 24 hours per year to maintain the e-mail to [email protected]. SIBHC make and keep current certain specified records for a cost of $4,632.10 Comments must be submitted to OMB records relating to its business. In We believe that an IBHC likely will within 30 days of this notice. addition, it requires that an SIBHC upgrade its information technology Dated: January 6, 2010. (‘‘IT’’) systems in order to more preserve those and other records for at Florence E. Harmon, efficiently comply with certain of the least three years. Deputy Secretary. The collections of information SIBHC framework rules (including [FR Doc. 2010–303 Filed 1–11–10; 8:45 am] required pursuant to Rule 17i–5 are Rules 17i–4, 17i–5, 17i–6 and 17i–7), necessary so that the Commission can and that this would be a one-time cost. BILLING CODE 8011–01–P adequately supervise the activities of Depending on the state of development of the IBHC’s IT systems, it would cost these SIBHCs. In addition, these SECURITIES AND EXCHANGE an IBHC between $1 million and $10 collections of information are needed to COMMISSION allow the Commission to effectively million to upgrade its IT systems to determine whether supervision of an comply with the SIBHC framework of [Release No. 34–61292; File No. SR– IBHC as an SIBHC is necessary or rules. Thus, on average, it would cost NYSEAmex-2009–93] appropriate in furtherance of the each of the three IBHCs about $5.5 million to upgrade their IT systems, or Self-Regulatory Organizations; NYSE purposes of Section the Act. Rule 17i– Amex LLC; Notice of Filing and 5 also enhances the Commission’s approximately $16.5 million in total. It is impossible to determine what Immediate Effectiveness of Proposed supervision of the SIBHCs’ subsidiary Rule Change Amending Rule 452— broker-dealers through collection of percentage of the IT systems costs would be attributable to each Rule, so NYSE Amex Equities and Section 723 additional information and inspections of the NYSE Amex Company Guide of affiliates of those broker-dealers. we allocated the total estimated upgrade costs equally (at 25% for each of the Regarding Broker Discretionary Voting Without this information and for Election of Directors and on documentation, the Commission would above-mentioned Rules), with $4,125,000 attributable to Rule 17i–5. Material Amendments to Investment be unable to adequately supervise an Advisory Contracts SIBHC, nor would it be able to The collection of information is determine whether continued mandatory and the information required January 5, 2010. supervision of an IBHC as an SIBHC to be provided to the Commission Pursuant to Section 19(b)(1) of the were necessary and appropriate in pursuant to this Rule is deemed Securities Exchange Act of 1934 furtherance of the purposes of Section confidential pursuant to Section 17(j) of (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 the Exchange Act and Section 17 of the Act. notice is hereby given that, on December 552(b)(3)(B) of the Freedom of In addition to the one firm currently 23, 2009, NYSE Amex LLC (‘‘Exchange’’ Information Act,11 notwithstanding any supervised by the Commission as a or ‘‘NYSE Amex’’) filed with the other provision of law. Securities and Exchange Commission SIBHC, we estimate that 2 IBHCs will An agency may not conduct or (‘‘Commission’’ or ‘‘SEC’’) the proposed file Notices of Intention with the sponsor, and a person is not required to rule change as described in Items I and Commission to be supervised by the respond to, a collection of information II below, which Items have been Commission as SIBHCs; for a total of unless it displays a currently valid prepared by the self-regulatory three firms. An SIBHC will generally control number. require about 40 hours to create and Comments should be directed to: organization. The Commission is document a contingency plan regarding (i) Desk Officer for the Securities and publishing this notice to solicit funding and liquidity of the affiliate Exchange Commission Office of comments on the proposed rule change group at a cost of $9,200 per SIBHC.7 An Information and Regulatory Affairs, from interested persons. SIBHC will require, on average, Office of Management and Budget, I. Self-Regulatory Organization’s approximately 64 hours each quarter to Room 10102, New Executive Office Statement of the Terms of Substance of create a record regarding stress tests, or Building, Washington, DC 20503 or by the Proposed Rule Change approximately 256 hours each year and sending an The Exchange proposes to amend a cost of $49,920.8 Further, an SIBHC e-mail to: will establish approximately 20 new _ Rule 452—NYSE Amex Equities and Shagufta [email protected]; and Section 723 of the NYSE Amex counterparty arrangements each year, (ii) Charles Boucher, Director/Chief and will take, on average, about 30 Company Guide (the ‘‘Company Guide’’). Information Officer, Securities and The text of the proposed rule change is minutes to create a record regarding the Exchange Commission, c/o Shirley basis for credit risk weights for each available at the Exchange, at the Commission’s Public Reference Room, 9 On average, each firm presently maintains on the Commission’s Web site at http:// 6 15 U.S.C. 78q(i)(3)(A). relationships with approximately 1,000 7 We believe that an SIBHC would have a Senior counterparties. Further, firms generally already www.sec.gov, and on the Exchange’s Treasury Manager create this record. According to maintain documentation regarding their credit Web site at http://www.nyse.com. the Securities Industry and Financial Markets decisions, including their determination of credit Association (‘‘SIFMA’’), the hourly cost of a Senior risk weights, for those counterparties. We believe II. Self-Regulatory Organization’s Treasury Manager is $230, as reflected in the that an SIBHC would have an Intermediate Statement of the Purpose of, and SIFMA’s Report on Management and Professional Accountant create this record, which according to Statutory Basis for, the Proposed Rule Earnings for 2008 (‘‘SIFMA’s Report on Professional SIFMA’s Report on Professional Earnings receives Change Earnings), and modified to account for an 1,800- an hourly rate of $141. ($141 × ((30 minutes × 20 hour work-year and multiplied by 5.35 to account counterparties)/60 minutes) = $1,410. In its filing with the Commission, the for bonuses, firm size, employee benefits and 10 We believe that an SIBHC would have a × self-regulatory organization included overhead. ($230 40 hours) = $9,200. Programmer Analyst perform this task and statements concerning the purpose of, 8 We believe that an SIBHC would have a Floor according to SIFMA’s Report on Professional Supervisor, or equivalent, create this record with an Earnings, a Programmer Analyst receives an hourly hourly cost of $195, as reflected in SIFMA’s Report rate of $193. ($193 × 24) = $4,632. 1 15 U.S.C. 78s(b)(1). on Professional Earnings’’). ($195 × 256) = $49,920. 11 5 U.S.C. 552(b)(3)(B). 2 17 CFR 240.19b–4.

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and basis for, the proposed rule change adjourned to a date on or after that the rise of a number of new types of and discussed any comments it received date.5 proxy campaigns, including ‘‘just vote on the proposed rule change. The text The Exchange believes that the no’’ campaigns. Because these of those statements may be examined at proposed rule change is in conformity campaigns often do not result in the places specified in Item IV below. with the view of the Commission stated competing solicitations, historically The Exchange has prepared summaries, in the NYSE Approval Order that ‘‘while these efforts have not been considered set forth in sections A, B, and C below, other self-regulatory organizations ‘‘contests’’ for purposes of Rule 452— of the most significant parts of such currently allow discretionary voting, we NYSE Amex Equities, and thus broker statements. would expect these markets to make votes have been counted. This has changes to conform to the NYSE’s new drawn the ire of some investor groups A. Self-Regulatory Organization’s rules to eliminate any disparities since generally brokers vote Statement of the Purpose of, and the involving voting depending on where uninstructed shares in accordance with Statutory Basis for, the Proposed Rule shares are held.’’ 6 the incumbent board’s Change Under the current NYSE Amex and recommendations. 1. Purpose SEC proxy rules, brokers must deliver On ‘‘non-routine’’ matters, which proxy materials to beneficial owners generally speaking are those involving a NYSE Amex is proposing to amend and request voting instructions in contest or any matter which may affect Rule 452—NYSE Amex Equities and return. If voting instructions have not substantially the rights or privileges of corresponding Section 723 of the been received by the tenth day stockholders, NYSE Amex rules prohibit Company Guide,3 both entitled ‘‘Giving preceding the meeting date, Rule 452— brokers from voting without receiving Proxies by Member Organization,’’ to NYSE Amex Equities provides that instructions from the beneficial owners. eliminate broker discretionary voting for brokers may vote on certain matters At present, Rule 452.11—NYSE Amex the election of directors. Rule 452— deemed ‘‘routine’’ by the Exchange. One Equities lists by way of example NYSE Amex Equities (and Section 723 of the most important results of broker eighteen such ‘‘non-routine’’ matters, of the Company Guide) allows brokers votes of uninstructed shares is their use including items such as stockholder to vote on ‘‘routine’’ proposals if the in establishing a quorum at shareholder proposals opposed by management, and beneficial owner of the stock has not meetings. mergers or consolidations. provided specific voting instructions to Among the other matters which the The NYSE has amended NYSE Rule the broker at least 10 days before a current Rule 452—NYSE Amex Equities 452, and corresponding NYSE Listed scheduled meeting. However, Rule treats as routine is an ‘‘uncontested’’ Company Manual Section 402.08, to 452.11—NYSE Amex Equities (and election for a company’s board of eliminate broker discretionary voting for Commentary .11 to Section 723 of the directors.7 Such elections remain the the election of directors, but to except Company Guide) lists, by way of general practice in corporate America from that amendment companies example, eighteen (18) specific non- today, with contested elections registered under the Investment routine matters as to which a member occurring relatively infrequently. Company Act of 1940. The Commission organization may not give a proxy to However, in recent years the has stated in the NYSE Approval Order vote without instructions from definition of a ‘‘contested election’’ has that it expects other markets to make beneficial owners. The proposed rule been questioned by a number of parties changes to their comparable rules to change would amend this list to include and interest groups.8 This is because of conform to the NYSE’s new rules and the election of directors, except in the eliminate any disparities involving case of a company registered under the 5 In the process of making its determination that voting. Consequently, NYSE Amex Investment Company Act of 1940. The the election of directors should no longer be proposes herein to amend Rule 452— deemed to be a ‘‘routine matter’’ and that broker Exchange is also proposing to amend discretionary voting for the election of directors NYSE Amex Equities, and this list to include material amendments should be eliminated, the NYSE in 2005 created a corresponding Section 723 of the to investment advisory contracts with Proxy Working Group to review and make Company Guide (which closely track an investment company in order to recommendations with respect to the NYSE rules NYSE Rule 452 and NYSE Listed regulating the proxy voting process. The Proxy codify previously existing Working Group contained representatives from a Company Manual Section 402.08, interpretations of the Exchange with number of different constituencies, all of whom respectively, prior to their recent respect to investment advisory have significant experience with the proxy voting amendment), to eliminate broker contracts. process. One of the recommendations that came discretionary voting for the election of from the Proxy Working Group was that the The proposed rule change is identical proposed changes to NYSE Rule 452 should not directors, but to except from that to a rule change filed by the New York apply to any company registered under the amendment companies registered under Stock Exchange (‘‘NYSE’’) (the ‘‘NYSE Investment Company Act of 1940, and this the Investment Company Act of 1940. exception was adopted by the NYSE. For a full Rule Filing’’) that was recently approved discussion of the role of the Proxy Working Group, Effective Date by the Commission 4 and will be see the NYSE Rule Filing. applicable to proxy voting for 6 NYSE Approval Order, 74 FR at 33298, n. 69. The proposed amendment will be shareholder meetings held on or after 7 Rule 452.11(2)—NYSE Amex Equities defines a applicable to proxy voting for January 1, 2010. Notwithstanding the ‘‘contest’’ as a matter that ‘‘is the subject of a counter-solicitation, or is part of a proposal made the validity of exempt solicitations. In a letter to the foregoing, the proposed amendment will by a stockholder which is being opposed by SEC dated June 13, 2003, Institutional Shareholders not apply to a meeting that was management.’’ Services expressed concern that because ‘‘the NYSE originally scheduled to be held prior to 8 For example, in 2002, the Council of classifies the election of directors as a routine January 1, 2010 but was properly Institutional Investors publicly criticized in the voting item unless a full-blown proxy contest has media the NYSE’s definition of ‘‘contests’’ (which is erupted,’’ the efforts of shareholders to express exactly identical to NYSE Amex’s definition of the disapproval of board actions at companies like 3 Section 723 of the Company Guide is identical term) as ‘‘problematic’’ because it fails to classify as Sprint and Tyco in the 2003 proxy season were to Rule 452—NYSE Amex Equities and the contests ‘‘just vote no’’ campaigns, it fails to ‘‘watered down by broker votes.’’ Moreover, in their proposed rule change will apply to both. recognize the use of the Internet as a means of presentations to the Proxy Working Group, several 4 See Securities Exchange Act Release No. 60215 contesting management, it puts ADP in an groups recommended that the definition of a (July 1, 2009), 74 FR 33293 (July 10, 2009) (SR– inappropriate and conflicted role, and it is contest be expanded or changed, including the NYSE–2006–92) (‘‘NYSE Approval Order’’). inconsistent with securities laws which recognize AFL–CIO and the American Business Conference.

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shareholder meetings held on or after investment advisory contracts.11 Noting directors can no longer be determined January 1, 2010. Notwithstanding the that ‘‘[a] proposed rule change filed by by brokers without instructions from the foregoing, the proposed amendment will the NYSE of its interpretation of its rule beneficial owner, and thus should not apply to a meeting that was governing proxies by member enhance corporate governance and originally scheduled to be held prior to organizations on votes relating to accountability to shareholders. January 1, 2010 but was properly changes to investment advisory B. Self-Regulatory Organization’s adjourned to a date on or after that date. contracts recently became effective,’’ the Amex Interpretation Release stated, Statement on Burden on Competition Material Amendments to Investment ‘‘Following discussions with the staff of The Exchange does not believe that Contracts the Commission’s Division of the proposed rule change will impose In addition to the current 18 specific Investment Management, the Amex has any burden on competition that is not actions set out in Supplementary determined to adopt a comparable necessary or appropriate in furtherance Material .11 to NYSE Rule 452, the interpretation of [Amex] Rule 577 to of the purposes of the Act. ’’ 12 NYSE has long interpreted NYSE Rule conform to the NYSE interpretation. C. Self-Regulatory Organization’s The NYSE has amended NYSE Rule 452 to preclude member organizations Statement on Comments on the 452, and corresponding NYSE Listed from voting without instructions in Proposed Rule Change Received From Company Manual Section 402.08, to certain other situations, including on Members, Participants, or Others any material amendment to the specifically codify these interpretations investment advisory contract with an in its rules. Consistent with the previous No written comments were solicited investment company.9 adoption by Amex of these NYSE or received with respect to the proposed In addition, in 2005, the NYSE interpretations with respect to rule change. published an interpretation,10 pursuant investment advisory contracts, the III. Date of Effectiveness of the to a request from the SEC’s Division of Exchange proposes herein to amend Proposed Rule Change and Timing for Investment Management, that provided Rule 452—NYSE Amex Equities, and Commission Action that any proposal to obtain shareholder corresponding Section 723 of the The Exchange has filed the proposed approval of an investment company’s Company Guide (which closely track rule change pursuant to Section investment advisory contract with a NYSE Rule 452 and NYSE Listed 19(b)(3)(A)(iii) of the Act 14 and Rule new investment adviser, which Company Manual Section 402.08, 19b–4(f)(6) thereunder.15 Because the approval is required by the Investment respectively, prior to their recent proposed rule change does not: (i) Company Act of 1940, as amended (the amendment), to specifically codify these Significantly affect the protection of ‘‘1940 Act’’), and the rules thereunder, interpretations in the Exchange’s rules investors or the public interest; (ii) will be deemed to be a ‘‘matter which as well. impose any significant burden on may affect substantially the rights or 2. Statutory Basis competition; and (iii) by its terms, privileges of such stock’’ for purposes of The basis under the Act for this become operative prior to 30 days from NYSE Rule 452 so that a member proposed rule change is the requirement the date on which it was filed, or such organization may not give a proxy to under Section 6(b)(5) 13 that an shorter time as the Commission may vote shares registered in its name absent exchange have rules that are designed to designate, if consistent with the instruction from the beneficial holder of prevent fraudulent and manipulative protection of investors and the public the shares. As a result, for example, a acts and practices, to promote just and interest, the proposed rule change has member organization of the NYSE may equitable principles of trade, to remove become effective pursuant to Section not give a proxy to vote shares impediments to, and perfect the 19(b)(3)(A) of the Act 16 and Rule 19b– registered in its name, absent mechanism of a free and open market 4(f)(6)(iii) thereunder.17 instruction from the beneficial holder of and, in general, to protect investors and A proposed rule change filed under the shares, on any proposal to obtain the public interest. Specifically, the Rule 19b–4(f)(6) 18 normally does not shareholder approval required by the Exchange believes that the proposed become operative prior to 30 days after 1940 Act of an investment advisory rule change will protect investors and the date of the filing. However, pursuant contract between an investment the public interest by ensuring better to Rule 19b4(f)(6)(iii),19 the Commission company and a new investment adviser corporate governance and transparency may designate a shorter time if such due to an assignment of the investment of the election process for directors and action is consistent with the protection company’s investment advisory by promoting greater uniformity with of investors and the public interest. The contract, including an assignment the proxy rules of other exchanges. In Exchange has requested the Commission caused by a change in control of the particular, for Exchange member firms to waive the 30-day operative delay so investment adviser that is party to the that are also NYSE member firms, that the proposal may become operative assigned contract. confusion might arise as to which immediately upon filing. In making this Also in 2005, immediately following exchange’s proxy voting rules are request, the Exchange stated, among publication of the NYSE’s interpretation applicable to a company listed on the referenced in the preceding paragraph, Exchange if there are disparities 14 15 U.S.C. 78s(b)(3)(A)(iii). the Exchange’s predecessor, the between the rules of the Exchange and 15 17 CFR 240.19b–4(f)(6). American Stock Exchange LLC the NYSE. The proposal should further 16 15 U.S.C. 78s(b)(3)(A). (‘‘Amex’’), also filed a rule change with the protection of investors and the 17 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule the Commission establishing the exact public interest by assuring that voting 19b–4(f)(6)(iii) requires the Exchange to give the Commission written notice of the Exchange’s intent same interpretation with respect to on matters as critical as the election of to file the proposed rule change, along with a brief description and text of the proposed rule change, 9 See Securities Exchange Act Release No. 30697 11 See Securities Exchange Act Release No. 52765 at least five business days prior to the date of filing (May 13, 1992), 57 FR 21434 (May 20, 1992) (SR– (November 10, 2005), 70 FR 69999 (November 18, of the proposed rule change, or such shorter time NYSE–1992–05). 2005) (SR–Amex–2005–102) (‘‘Amex Interpretation as designated by the Commission. The Exchange 10 See Securities Exchange Act Release No. 52569 Release’’). has satisfied the pre-filing requirement. (October 6, 2005), 70 FR 60118 (October 14, 2005) 12 Id. 18 17 CFR 240.19b–4(f)(6). (SR–NYSE–2005–61). 13 15 U.S.C. 78f(b)(5). 19 17 CFR 240.19b–4(f)(6)(iii).

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other things, that waiver of the 30-day Paper Comments SECURITIES AND EXCHANGE operative delay will allow the change to • COMMISSION become operative on the same date as Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Release No. 34–61296; File No. SR–ISE– NYSE’s rule change and conform to the 2009–114] Commission’s desire to eliminate any Securities and Exchange Commission, disparities involving voting. 100 F Street, NE., Washington, DC Self-Regulatory Organizations; The Commission believes that the 20549–1090. International Securities Exchange, waiver of the 30-day operative delay All submissions should refer to File LLC; Notice of Filing and Immediate period is consistent with the protection Number SR–NYSEAmex–2009–93. This Effectiveness of Proposed Rule of investors and the public interest.20 file number should be included on the Change Relating to Fee Changes The proposal would permit the subject line if e-mail is used. To help the January 6, 2010. Exchange to comply with the Commission process and review your Pursuant to Section 19(b)(1) of the Commission’s stated goal that other self- comments more efficiently, please use Securities Exchange Act of 1934 regulatory organizations, that currently only one method. The Commission will (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 allow member discretionary voting for post all comments on the Commission’s notice is hereby given that on December director elections, conform their rules to Internet Web site (http://www.sec.gov/ 31, 2009, International Securities the NYSE’s new rules to eliminate any rules/sro.shtml). Copies of the Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’) disparities involving voting depending submission, all subsequent filed with the Securities and Exchange on where the shares are held. Further, Commission (‘‘Commission’’) the the proposal would codify previously amendments, all written statements with respect to the proposed rule proposed rule change as described in published interpretations with respect Items I, II and III below, which Items to voting on investment advisory change that are filed with the Commission, and all written have been prepared by the Exchange. contracts. Finally, the Commission The Commission is publishing this notes that the NYSE’s recently adopted communications relating to the proposed rule change between the notice to solicit comments on the rule changes, which are identical to the proposed rule change from interested Commission and any person, other than Exchange’s proposed changes, were persons. subject to full notice and comment, and those that may be withheld from the considered and approved by the public in accordance with the I. Self-Regulatory Organization’s Commission.21 Based on the above, the provisions of 5 U.S.C. 552, will be Statement of the Terms of Substance of Commission finds that waiving the 30- available for inspection and copying in the Proposed Rule Change day operative delay period is consistent the Commission’s Public Reference The ISE is proposing to amend its with the protection of investors and the Room, 100 F Street, NE., Washington, Schedule of Fees to increase the public interest and the proposal is DC 20549, on official business days surcharge fee for transactions in options therefore deemed effective upon filing. between the hours of 10 a.m. and 3 p.m. on the Nasdaq-100® Stock Index. The At any time within 60 days of the Copies of such filing also will be text of the proposed rule change is filing of the proposed rule change, the available for inspection and copying at available on the Exchange’s Web site Commission may summarily abrogate the principal office of the Exchange. All (http://www.ise.com), at the principal such rule change if it appears to the comments received will be posted office of the Exchange, and at the Commission that such action is without change; the Commission does Commission’s Public Reference Room. necessary or appropriate in the public not edit personal identifying II. Self-Regulatory Organization’s interest, for the protection of investors, information from submissions. You Statement of the Purpose of, and or otherwise in furtherance of the should submit only information that Statutory Basis for, the Proposed Rule purposes of the Act. you wish to make available publicly. All Change IV. Solicitation of Comments submissions should refer to File In its filing with the Commission, the Number SR–NYSEAmex–2009–93 and Exchange included statements Interested persons are invited to should be submitted on or before concerning the purpose of, and basis for, submit written data, views, and February 2, 2010. the proposed rule change and discussed arguments concerning the foregoing, any comments it received on the including whether the proposed rule For the Commission, by the Division of proposed rule change. The text of these change is consistent with the Act. Trading and Markets, pursuant to delegated 22 statements may be examined at the Comments may be submitted by any of authority. places specified in Item IV below. The the following methods: Florence E. Harmon, Exchange has prepared summaries, set Deputy Secretary. Electronic Comments forth in Sections A, B, and C below, of [FR Doc. 2010–308 Filed 1–11–10; 8:45 am] the most significant aspects of such • Use the Commission’s Internet BILLING CODE 8011–01–P statements. comment form (http://www.sec.gov/ rules/sro.shtml); or A. Self-Regulatory Organization’s • Send an e-mail to rule- Statement of the Purpose of, and [email protected]. Please include File Statutory Basis for, the Proposed Rule Number SR–NYSEAmex–2009–93 on Change the subject line. 1. Purpose The Exchange is proposing to amend 20 For purposes only of waiving the operative its Schedule of Fees to increase the delay for this proposal, the Commission has considered the proposed rule’s impact on surcharge fee for transactions in options efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 1 15 U.S.C. 78s(b)(1). 21 See supra note 4. 22 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.

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on the Nasdaq-100 Stock Index, both proposes to continue excluding Public Electronic Comments full value (‘‘NDX’’) and 1/10 value Customer Orders from this surcharge • (‘‘MNX’’).3 The Exchange currently fee. Accordingly, this surcharge fee will Use the Commission’s Internet charges an execution fee for most only be charged to Exchange members comment form (http://www.sec.gov/ transactions in options on NDX and with respect to non-Public Customer rules/sro.shtml); or MNX.4 Specifically, the amount of the Orders (e.g., Market Maker, Non-ISE • Send an e-mail to rule- execution fee for transactions in options Market Maker & Firm Proprietary [email protected]. Please include File on NDX and MNX is $0.20 per contract orders). Number SR–ISE–2009–114 on the for all Firm Proprietary orders. The subject line. amount of the execution fee for all ISE 2. Statutory Basis Market Maker transactions in options on Paper Comments The Exchange believes that the • NDX and MNX is equal to the execution proposed rule change is consistent with Send paper comments in triplicate fee currently charged by the Exchange the objectives of Section 6 of the Act,8 to Elizabeth M. Murphy, Secretary, for ISE Market Maker transactions in Securities and Exchange Commission, 5 in general, and furthers the objectives of equity options. Finally, the amount of Section 6(b)(4),9 in particular, in that it 100 F Street NE., Washington, DC the execution fee for all non-ISE Market is designed to provide for the equitable 20549–1090. Maker transactions is $0.45 per 6 allocation of reasonable dues, fees and All submissions should refer to File contract. For competitive reasons, the other charges among its members and Exchange does not charge an execution Number SR–ISE–2009–114. This file other persons using its facilities. fee for transactions in options on NDX number should be included on the and MNX executed by Public Customer B. Self-Regulatory Organization’s subject line if e-mail is used. To help the Orders.7 Statement on Burden on Competition Commission process and review your Pursuant to a license agreement comments more efficiently, please use between the Exchange and the NASDAQ The proposed rule change does not only one method. The Commission will OMX Group, Inc., (‘‘NASDAQ’’), the impose any burden on competition that post all comments on the Commission’s Exchange currently charges a surcharge is not necessary or appropriate in Internet Web site (http://www.sec.gov/ fee of $0.16 per contract for trading in furtherance of the purposes of the Act. rules/sro/shtml). Copies of the options on NDX and MNX. The 12 C. Self-Regulatory Organization’s submission, all subsequent Exchange recently renewed its license Statement on Comments on the amendments, all written statements agreement with NASDAQ pursuant to Proposed Rule Change Received From with respect to the proposed rule which the Exchange is now being Members, Participants or Others change that are filed with the charged six (6) cents more per contract. Commission, and all written Accordingly, to defray the increased The Exchange has not solicited, and communications relating to the licensing costs, the Exchange proposes does not intend to solicit, comments on proposed rule change between the to increase the surcharge fee to $0.22 this proposed rule change. The per contract for trading in options on Commission and any person, other than Exchange has not received any those that may be withheld from the NDX and MNX, effective January 1, unsolicited written comments from public in accordance with the 2010. The Exchange believes charging members or other interested parties. the participants that trade these provisions of 5 U.S.C. 552, will be instruments is the most equitable means III. Date of Effectiveness of the available for inspection and copying in of recovering the costs of the license. Proposed Rule Change and Timing for the Commission’s Public Reference However, because of competitive Commission Action Room, on official business days between pressures in the industry, the Exchange the hours of 10 a.m. and 3 p.m. Copies The foregoing rule change has become of such filing will also be available for effective pursuant to Section 19(b)(3) of 3 See Securities Exchange Act Release No. 51121 inspection and copying at the principal the Act 10 and Rule 19b–4(f)(2) 11 (February 1, 2005), 70 FR 6476 (February 7, 2005) office of the Exchange. All comments (Order approving the trading of options on full and thereunder. At any time within 60 days reduced values of the Nasdaq-100 Stock Index). of the filing of such proposed rule received will be posted without change; 4 These fees are charged only to Exchange change, the Commission may summarily the Commission does not edit personal members. Under a pilot program that is set to expire abrogate such rule change if it appears identifying information from on July 31, 2010, these fees will also be charged to submissions. You should submit only Linkage Principal Orders (‘‘Linkage P Orders’’) and to the Commission that such action is Linkage Principal Acting as Agent Orders (‘‘Linkage necessary or appropriate in the public information that you wish to make P/A Orders’’). The amount of the execution fee interest, for the protection of investors, available publicly. All submissions charged by the Exchange for Linkage P Orders and should refer to File No. SR–ISE–2009– Linkage P/A Orders is $0.27 per contract side and or otherwise in furtherance of the $0.18 per contract side, respectively. See Securities purposes of the Act. 114 and should be submitted on or Exchange Act Release No. 60175 (June 25, 2009), 74 before February 2, 2010. FR 32026 (July 6, 2009) (SR–ISE–2009–36). IV. Solicitation of Comments For the Commission, by the Division of 5 The Exchange applies a sliding scale, between $0.01 and $0.18 per contract side, based on the Interested persons are invited to Trading and Markets, pursuant to delegated number of contracts an ISE market maker trades in submit written data, views and authority.13 a month. arguments concerning the foregoing, Florence E. Harmon, 6 The amount of the execution fee for non-ISE including whether the proposed rule Market Maker transactions executed in the Deputy Secretary. Exchange’s Facilitation and Solicitation change is consistent with the Act. [FR Doc. 2010–300 Filed 1–11–10; 8:45 am] Mechanisms and for Orders entered into the Price Comments may be submitted by any of Improvement Mechanism by the member initiating the following methods: BILLING CODE 8011–01–P the price improvement order is $0.20 per contract. 7 Public Customer Order is defined in Exchange 8 12 Rule 100(a)(39) as an order for the account of a 15 U.S.C. 78f(b). The text of the proposed rule change is Public Customer. Public Customer is defined in 9 15 U.S.C. 78f(b)(4). available on the Commission’s Web site at http:// Exchange Rule 100(a)(38) as a person or entity that 10 15 U.S.C. 78s(b)(3). www.sec.gov. is not a broker or dealer in securities. 11 17 CFR 240.19b-4(f)(2). 13 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s the market opening on the next business COMMISSION Statement of the Purpose of, and the day following the system failure and Statutory Basis for, the Proposed Rule written notice by the end of the third [Release No. 34–61294; File No. SR–NYSE– 2009–135] Change business day following the system failure. 1. Purpose Self-Regulatory Organizations; Notice The provision that the member of Filing and Immediate Effectiveness Through this filing, the Exchange organization sustain a minimum net of Proposed Rule Change by New York proposes to amend NYSE Rule 18 total loss of $500 requires the member ‘‘ Stock Exchange LLC Amending NYSE ( Compensation in Relation to Exchange organization to deduct any profits ’’ Rule 18 To Eliminate the $500 System Failure ) to eliminate the $500 received in relation to the same incident 9 Minimum Net Loss Requirement for a minimum net loss requirement for a before submitting the claim amount. member organization to seek Member Organization To Seek Member organizations are not permitted compensation in the event of an Compensation in the Event of an to aggregate losses incurred as a result Exchange System failure. Member Exchange System Failure of more than one system failure in order organizations would therefore be to satisfy the $500 minimum claim January 6, 2010. permitted to submit a claim for requirement. As a result, certain Pursuant to Section 19(b)(1) 1 of the compensations without having to meet member organizations have been Securities Exchange Act of 1934 (the a minimum net loss threshold as long as precluded from submitting claims for ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 such claims meet the other criteria of losses sustained in relation to an notice is hereby given that, on December NYSE Rule 18. 4 Exchange system failure. 31, 2009, New York Stock Exchange NYSE Rule 18 was established to The Exchange seeks to have the rule LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed provide a mechanism for member be even more inclusive of its member with the Securities and Exchange organizations to receive compensation organizations that may sustain a loss in Commission (the ‘‘Commission’’) the for losses sustained in relation to an the event of an Exchange system failure. 5 proposed rule change as described in Exchange system failure. It provides Based on its experience, the Exchange Items I and II below, which Items have that member organizations that sustain has concluded that it is no longer been prepared by the self-regulatory a loss in relation to an Exchange system necessary to prescribe a minimum net 6 organization. The Commission is failure are eligible to submit a claim, loss in order for its member publishing this notice to solicit per incident, for compensation to the organizations to be eligible to submit comments on the proposed rule change Exchange if certain requirements are claims. Accordingly, the Exchange seeks from interested persons. met. Specifically, pursuant to NYSE to eliminate the minimum net loss Rule 18(a), claim is eligible for provision of NYSE Rule 18. The I. Self-Regulatory Organization’s compensation if the Exchange’s Division Exchange believes that this will allow Statement of the Terms of Substance of of Floor Operations determines that: (i) more member organizations the Proposed Rule Change A valid order was accepted by the opportunities to seek compensation for The Exchange proposes to amend Exchange’s systems; (ii) an Exchange losses sustained in relation to an NYSE Rule 18 (‘‘Compensation in system failure, as defined in NYSE Rule Exchange system failure. 18(b), occurred during the execution of Relation to Exchange System Failure’’) 2. Statutory Basis to eliminate the $500 minimum net loss said order; (iii) a member organization requirement for a member organization sustained a loss related to an Exchange The Exchange believes that its to seek compensation in the event of an system failure; (iv) the net loss was at proposal is consistent with Section 6(b) Exchange System failure. The text of the least $500; 7 and (v) the Exchange’s of the Securities Exchange Act of 1934 10 proposed rule change is available at the Division of Floor Operations received (the ‘‘Act’’), in general, and furthers the 11 Exchange, the Commission’s Public from the member organizations that objectives of Section 6(b)(5) of the Act, 8 Reference Room, the Commission’s Web sustained such loss, verbal notice by in particular, in that it is designed to site at http://www.sec.gov, and the prevent fraudulent and manipulative 4 Exchange’s Web site at http:// The Exchange notes that similar changes are acts and practices, to promote just and proposed to the rules of its affiliate, NYSE Amex www.nyse.com. equitable principles of trade, to remove LLC. See SR–NYSEAmex 2009–100. impediments to and perfect the 5 See Securities Exchange Act Release No. 55555 II. Self-Regulatory Organization’s (March 27, 2007), 72 FR 16841 (April 5, 2007) (SR– mechanism of a free and open market Statement of the Purpose of, and NYSE–2007–09) (adopting the rule and making the and a national market system, and, in Statutory Basis for, the Proposed Rule operation of the rule was retroactive to September general, to protect investors and the Change 1, 2006). public interest. The Exchange believes 6 Pursuant to NYSE Rule 18(b), a system failure the proposed rule change is in keeping In its filing with the Commission, the is defined as a malfunction of the Exchange’s self-regulatory organization included physical equipment, devices and/or programming with these principles in that it serves to statements concerning the purpose of, which results in an incorrect execution of an order eliminate the minimum net loss and basis for, the proposed rule change or no execution of an order that was received in threshold requirement in relation to an Exchange systems. Through this filing, the Exchange system failure in order to be and discussed any comments it received Exchange further seeks to change the word ‘‘which’’ on the proposed rule change. The text in this subsection of the rule to ‘‘that’’ in order to of those statements may be examined at make it grammatically correct. make clear that the initial notice is not required in 7 writing. the places specified in Item IV below. As the Exchange gained experience with the administration of NYSE Rule 18, it reviewed the 9 See Securities Exchange Release No. 59486 The Exchange has prepared summaries, members that were eligible to receive compensation (March 2, 2009), 74 FR 10104 (March 9, 2009) (SR– set forth in sections A, B, and C below, pursuant to the rule and made changes to allow NYSE–2009–16) (Clarifying among other things, of the most significant parts of such more member organizations eligible to submit that if members and member organizations retain statements. claims. See Securities Exchange Act Release No. profits from a system malfunction, then they are 56718 (October 29, 2007), 72 FR 62506 (November required to net such profits against any losses from 5, 2007) (SR–NYSE–2007–95) (reducing the the same malfunction before submitting any 1 15 U.S.C.78s(b)(1). minimum net loss from $5,000 to $500). claims). 2 15 U.S.C. 78a. 8 Through this filing the Exchange further seeks 10 15 U.S.C. 78f(b). 3 17 CFR 240.19b–4. to change the word ‘‘verbal’’ to the word ‘‘oral’’ to 11 15 U.S.C. 78f(b)(5).

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more inclusive and provide more $500 sustained in relation to an between the hours of 10 a.m. and 3 p.m. opportunities for member organizations Exchange system failure. For this Copies of such filing also will be to be compensated for losses sustained reason, the Commission designates that available for inspection and copying at in relation to an Exchange system the proposed rule change become the principal office of the Exchange. All failure thus protecting investors and the immediately operative.16 comments received will be posted public interest. At any time within 60 days of the without change; the Commission does filing of the proposed rule change, the not edit personal identifying B. Self-Regulatory Organization’s Commission may summarily abrogate information from submissions. You Statement on Burden on Competition such rule change if it appears to the should submit only information that The Exchange does not believe that Commission that such action is you wish to make publicly available. All the proposed rule change will impose necessary or appropriate in the public submissions should refer to File any burden on competition that is not interest, for the protection of investors, Number SR–NYSE–2009–135 and necessary or appropriate in furtherance or otherwise in furtherance of the should be submitted on or before of the purposes of the Act. purposes of the Act. February 2, 2010. C. Self-Regulatory Organization’s IV. Solicitation of Comments For the Commission, by the Division of Statement on Comments on the Trading and Markets, pursuant to delegated Interested persons are invited to authority.17 Proposed Rule Change Received From submit written data, views, and Members, Participants or Others Florence E. Harmon, arguments concerning the foregoing, Deputy Secretary. No written comments were solicited including whether the proposed rule [FR Doc. 2010–301 Filed 1–11–10; 8:45 am] or received with respect to the proposed change is consistent with the Act. BILLING CODE 8011–01–P rule change. Comments may be submitted by any of III. Date of Effectiveness of the the following methods: Proposed Rule Change and Timing for Electronic Comments SECURITIES AND EXCHANGE Commission Action COMMISSION • Use the Commission’s Internet The Exchange has filed the proposed comment form (http://www.sec.gov/ [Release No. 34–61293; File No. SR– rule change pursuant to Section rules/sro.shtml); or NYSEAmex–2009–100] 19(b)(3)(A)(iii) of the Act 12 and Rule • Send an e-mail to rule- Self-Regulatory Organizations; Notice 19b–4(f)(6) thereunder.13 Because the [email protected]. Please include File of Filing and Immediate Effectiveness proposed rule change does not: (i) Number SR–NYSE–2009–135 on the of Proposed Rule Change by NYSE Significantly affect the protection of subject line. Amex LLC Amending NYSE Amex investors or the public interest; (ii) Equities Rule 18 To Eliminate the $500 impose any significant burden on Paper Comments Minimum Net Loss Requirement for a competition; and (iii) become operative • Send paper comments in triplicate Member Organization To Seek prior to 30 days from the date on which to Elizabeth M. Murphy, Secretary, Compensation in the Event of an it was filed, or such shorter time as the Securities and Exchange Commission, Exchange System Failure Commission may designate, if 100 F Street, NE., Washington, DC consistent with the protection of 20549–1090. January 6, 2010. investors and the public interest, the All submissions should refer to File Pursuant to Section 19(b)(1) 1 of the proposed rule change has become Number SR–NYSE–2009–135. This file Securities Exchange Act of 1934 (the effective pursuant to Section 19(b)(3)(A) number should be included on the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 of the Act and Rule 19b–4(f)(6)(iii) subject line if e-mail is used. To help the notice is hereby given that on December thereunder. Commission process and review your 31, 2009, NYSE Amex LLC (the A proposed rule change filed under comments more efficiently, please use ‘‘Exchange’’ or ‘‘NYSE Amex’’) filed with 14 Rule 19b–4(f)(6) normally does not only one method. The Commission will the Securities and Exchange become operative prior to 30 days after post all comments on the Commission’s Commission (the ‘‘Commission’’) the the date of the filing. However, pursuant Internet Web site (http://www.sec.gov/ proposed rule change as described in 15 to Rule 19b–4(f)(6)(iii), the rules/sro.shtml). Copies of the Items I and II below, which Items have Commission may designate a shorter submission, all subsequent been prepared by the self-regulatory time if such action is consistent with the amendments, all written statements organization. The Commission is protection of investors and the public with respect to the proposed rule publishing this notice to solicit interest. The Exchange has asked the change that are filed with the comments on the proposed rule change Commission to waive the 30-day Commission, and all written from interested persons. operative delay so that the proposal may communications relating to the I. Self-Regulatory Organization’s become operative immediately upon proposed rule change between the filing. Statement of the Terms of Substance of Commission and any person, other than the Proposed Rule Change The Commission believes that those that may be withheld from the waiving the 30-day operative delay is public in accordance with the The Exchange proposes to amend consistent with the protection of provisions of 5 U.S.C. 552, will be NYSE Amex Equities Rule 18 investors and the public interest available for inspection and copying in (‘‘Compensation in Relation to Exchange because doing so will allow member the Commission’s Public Reference System Failure’’) to eliminate the $500 organizations to immediately seek Room, 100 F Street, NE., Washington, minimum net loss requirement for a compensation for losses of less than DC 20549, on official business days member organization to seek

12 17 15 U.S.C. 78s(b)(3)(A)(iii). 16 For purposes only of waiving the 30-day 17 CFR 200.30–3(a)(12). 13 17 CFR 240.19b–4(f)(6). operative delay, the Commission has considered the 1 15 U.S.C. 78s(b)(1). 14 17 CFR 240.19b–4(f)(6). proposal’s impact on efficiency, competition, and 2 15 U.S.C. 78a. 15 17 CFR 240.19b–4(f)(6)(iii). capital formation. 15 U.S.C. 78c(f). 3 17 CFR 240.19b–4.

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compensation in the event of an related to an Exchange system failure; general, to protect investors and the Exchange System failure. The text of the (iv) the net loss was at least $500; and public interest. The Exchange believes proposed rule change is available at the (v) the Exchange or its designee received the proposed rule change is in keeping Exchange, the Commission’s Public from the member organizations that with these principles in that it serves to Reference Room, the Commission’s Web sustained such loss, verbal 5 notice by eliminate the minimum net loss site at http://www.sec.gov, and the the market opening on the next business threshold requirement in relation to an Exchange’s Web site at http:// day following the system failure and Exchange system failure in order to be www.nyse.com. written notice by the end of the third more inclusive and provide more business day following the system II. Self-Regulatory Organization’s opportunities for member organizations failure. Statement of the Purpose of, and to be compensated for losses sustained The provision that the member in relation to an Exchange system Statutory Basis for, the Proposed Rule organization sustain a minimum net Change failure thus protecting investors and the total loss of $500 requires the member public interest. In its filing with the Commission, the organization to deduct any profits self-regulatory organization included received in relation to the same incident B. Self-Regulatory Organization’s statements concerning the purpose of, before submitting the claim amount.6 Statement on Burden on Competition and basis for, the proposed rule change Member organizations are not permitted and discussed any comments it received to aggregate losses incurred as a result The Exchange does not believe that on the proposed rule change. The text of more than one system failure in order the proposed rule change will impose of those statements may be examined at to satisfy the $500 minimum claim any burden on competition that is not the places specified in Item IV below. requirement. As a result, certain necessary or appropriate in furtherance The Exchange has prepared summaries, member organizations have been of the purposes of the Act. set forth in sections A, B, and C below, precluded from submitting claims for C. Self-Regulatory Organization’s of the most significant parts of such losses sustained in relation to an Statement on Comments on the statements. Exchange system failure. Proposed Rule Change Received From A. Self-Regulatory Organization’s The Exchange seeks to have the rule Members, Participants or Others Statement of the Purpose of, and the be even more inclusive of its member Statutory Basis for, the Proposed Rule organizations that may sustain a loss in No written comments were solicited Change the event of an Exchange system failure. or received with respect to the proposed Based on its experience, the Exchange rule change. 1. Purpose has concluded that it is no longer III. Date of Effectiveness of the Through this filing, the Exchange necessary to prescribe a minimum net Proposed Rule Change and Timing for proposes to amend NYSE Amex Equities loss in order for its member Commission Action Rule 18 (‘‘Compensation in Relation to organizations to be eligible to submit Exchange System Failure’’) to eliminate claims. Accordingly, the Exchange seeks The Exchange has filed the proposed the $500 minimum net loss requirement to eliminate the minimum net loss rule change pursuant to Section for a member organization to seek provision of NYSE Amex Equities Rule 19(b)(3)(A)(iii) of the Act 9 and Rule compensation in the event of an 18. The Exchange believes that this will 19b-4(f)(6) thereunder.10 Because the Exchange System failure. Member allow more member organizations proposed rule change does not: (i) organizations would therefore be opportunities to seek compensation for Significantly affect the protection of permitted to submit a claim for losses sustained in relation to an investors or the public interest; (ii) compensations without having to meet Exchange system failure. impose any significant burden on a minimum net loss threshold as long as 2. Statutory Basis competition; and (iii) become operative such claims meet the other criteria of prior to 30 days from the date on which 4 The Exchange believes that its NYSE Amex Equities Rule 18. it was filed, or such shorter time as the proposal is consistent with Section 6(b) NYSE Amex Equities Rule 18 was Commission may designate, if of the Securities Exchange Act of 1934 established to provide a mechanism for consistent with the protection of (the ‘‘Act’’),7 in general, and furthers the member organizations to receive investors and the public interest, the objectives of Section 6(b)(5) of the Act,8 compensation for losses sustained in proposed rule change has become in particular, in that it is designed to relation to an Exchange system failure. effective pursuant to Section 19(b)(3)(A) prevent fraudulent and manipulative It provides that member organizations of the Act and Rule 19b–4(f)(6)(iii) acts and practices, to promote just and that sustain a loss in relation to an thereunder. Exchange system failure are eligible to equitable principles of trade, to remove submit a claim, per incident, for impediments to and perfect the A proposed rule change filed under compensation to the Exchange if certain mechanism of a free and open market Rule 19b-4(f)(6) 11 normally does not requirements are met. Specifically, and a national market system, and, in become operative prior to 30 days after pursuant to NYSE Amex Equities Rule the date of the filing. However, pursuant 18(a), claim is eligible for compensation 5 Through this filing the Exchange further seeks to Rule 19b-4(f)(6)(iii),12 the if the Exchange determines that: (i) A to change the word ‘‘verbal’’ to the word ‘‘oral’’ to Commission may designate a shorter make clear that the initial notice is not required in time if such action is consistent with the valid order was accepted by the writing. Exchange’s systems; (ii) an Exchange 6 See Securities Exchange Release No. 59482 protection of investors and the public system failure, as defined in NYSE (March 2, 2009), 74 FR 10114 (March 9, 2009) (SR– interest. The Exchange has asked the Amex Equities Rule 18(b), occurred NYSEALTR–2009–13) (Clarifying, among other Commission to waive the 30-day things, that if members and member organizations operative delay so that the proposal may during the execution of said order; (iii) retain profits from a system malfunction, then they a member organization sustained a loss are required to net such profits against any losses from the same malfunction before submitting any 9 15 U.S.C. 78s(b)(3)(A)(iii). 4 The Exchange notes that similar changes are claims). 10 17 CFR 240.19b–4(f)(6). proposed to the rules of its affiliate, New York 7 15 U.S.C. 78f(b). 11 17 CFR 240.19b–4(f)(6). Stock Exchange LLC. See SR–NYSE–2009–135. 8 15 U.S.C. 78f(b)(5). 12 17 CFR 240.19b–4(f)(6)(iii).

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become operative immediately upon proposed rule change between the I. Self-Regulatory Organization’s filing. Commission and any person, other than Statement of the Terms of Substance of The Commission believes that those that may be withheld from the the Proposed Rule Change waiving the 30-day operative delay is public in accordance with the FINRA is proposing to adopt NASD consistent with the protection of provisions of 5 U.S.C. 552, will be Rule 2370 (Borrowing From or Lending investors and the public interest available for inspection and copying in to Customers) as FINRA Rule 3240 because doing so will allow member the Commission’s Public Reference (Borrowing From or Lending to organizations to immediately seek Room, 100 F Street, NE., Washington, Customers) in the Consolidated FINRA compensation for losses of less than DC 20549, on official business days Rulebook 3 with certain changes and to $500 sustained in relation to an between the hours of 10 a.m. and 3 p.m. delete Incorporated NYSE Rules 352(e) Exchange system failure. For this Copies of such filing also will be (Limitations on Borrowing From or reason, the Commission designates that available for inspection and copying at Lending to Customers), (f) (Loan the proposed rule change become the principal office of the Exchange. All Procedures) and (g). The proposed rule immediately operative.13 comments received will be posted change also would add a Supplementary At any time within 60 days of the without change; the Commission does Material section regarding record filing of the proposed rule change, the not edit personal identifying retention requirements to proposed Commission may summarily abrogate information from submissions. You FINRA Rule 3240. such rule change if it appears to the should submit only information that The text of the proposed rule change Commission that such action is you wish to make publicly available. All necessary or appropriate in the public is available on FINRA’s Web site at submissions should refer to File http://www.finra.org, at the principal interest, for the protection of investors, Number SR–NYSEAmex–2009–100 and or otherwise in furtherance of the office of FINRA and at the should be submitted on or before Commission’s Public Reference Room. purposes of the Act. February 2, 2010. IV. Solicitation of Comments II. Self-Regulatory Organization’s For the Commission, by the Division of Statement of the Purpose of, and Trading and Markets, pursuant to delegated Interested persons are invited to Statutory Basis for, the Proposed Rule authority.14 submit written data, views, and Change arguments concerning the foregoing, Florence E. Harmon, including whether the proposed rule Deputy Secretary. In its filing with the Commission, FINRA included statements concerning change is consistent with the Act. [FR Doc. 2010–299 Filed 1–11–10; 8:45 am] the purpose of and basis for the Comments may be submitted by any of BILLING CODE 8010–01–P the following methods: proposed rule change and discussed any comments it received on the proposed Electronic Comments rule change. The text of these statements SECURITIES AND EXCHANGE • may be examined at the places specified Use the Commission’s Internet COMMISSION comment form (http://www.sec.gov/ in Item IV below. FINRA has prepared rules/sro.shtml); or summaries, set forth in sections A, B, [Release No. 34–61302; File No. SR–FINRA– • Send an e-mail to rule- and C below, of the most significant 2009–095] [email protected]. Please include File aspects of such statements. Number SR–NYSEAmex–2009–100 on Self-Regulatory Organizations; A. Self-Regulatory Organization’s the subject line. Financial Industry Regulatory Statement of the Purpose of, and Paper Comments Authority, Inc.; Notice of Filing of Statutory Basis for, the Proposed Rule Proposed Rule Change To Adopt Change • Send paper comments in triplicate FINRA Rule 3240 (Borrowing From or to Elizabeth M. Murphy, Secretary, 1. Purpose Lending to Customers) in the Securities and Exchange Commission, Consolidated FINRA Rulebook As part of the process of developing 100 F Street, NE., Washington, DC a new consolidated rulebook 20549–1090. January 6, 2010. (‘‘Consolidated FINRA Rulebook’’),4 All submissions should refer to File Pursuant to Section 19(b)(1) of the FINRA is proposing to adopt NASD Number SR–NYSEAmex–2009–100. Securities Exchange Act of 1934 (‘‘Act’’)1 Rule 2370 as FINRA Rule 3240 in the This file number should be included on and Rule 19b–4 thereunder,2 notice is Consolidated FINRA Rulebook with the subject line if e-mail is used. To help hereby given that on December 31, 2009, certain changes as described below. The the Commission process and review Financial Industry Regulatory proposed rule change also would delete your comments more efficiently, please Authority, Inc. (‘‘FINRA’’) (f/k/a Incorporated NYSE Rules 352(e) use only one method. The Commission National Association of Securities will post all comments on the Dealers, Inc. (‘‘NASD’’)) filed with the 3 See supra note 4 and accompanying text. Commission’s Internet Web site (http:// Securities and Exchange Commission 4 The current FINRA rulebook consists of (1) FINRA Rules; (2) NASD Rules; and (3) rules www.sec.gov/rules/sro.shtml). Copies of (‘‘SEC’’ or ‘‘Commission’’) the proposed the submission, all subsequent incorporated from NYSE (‘‘Incorporated NYSE rule change as described in Items I, II, Rules’’) (together, the NASD Rules and Incorporated amendments, all written statements and III below, which Items have been NYSE Rules are referred to as the ‘‘Transitional with respect to the proposed rule substantially prepared by FINRA. The Rulebook’’). While the NASD Rules generally apply to all FINRA members, the Incorporated NYSE change that are filed with the Commission is publishing this notice to Commission, and all written Rules apply only to those members of FINRA that solicit comments on the proposed rule are also members of the NYSE (‘‘Dual Members’’). communications relating to the change from interested persons. The FINRA Rules apply to all FINRA members, unless such rules have a more limited application 13 For purposes only of waiving the 30-day by their terms. For more information about the operative delay, the Commission has considered the 14 17 CFR 200.30–3(a)(12). rulebook consolidation process, see Information proposal’s impact on efficiency, competition, and 1 15 U.S.C. 78s(b)(1). Notice, March 12, 2008 (Rulebook Consolidation capital formation. 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4. Process).

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through (g) 5 from the Transitional may indicate that the member permits expressly that registered persons notify Rulebook.6 Further, the proposed rule such lending arrangements and that their member firms of the lending change would add a Supplementary registered persons need not notify the arrangements that require member pre- Material section regarding record member or receive member approval for approval (FINRA is proposing this retention requirements to proposed such lending arrangements. change for purposes of consistency with FINRA Rule 3240. With respect to lending arrangements paragraphs (b)(2) and (3) of the rule, between registered persons and Background which provide that a registered person customers in the business of lending is not required either to notify the The purpose of NASD Rule 2370, money, a member’s written procedures member or receive member approval for which became effective in November may indicate that registered persons are certain specified lending arrangements) 2003, is to give members the not required to notify the member or and to clarify that any modifications to opportunity to evaluate the receive member approval for such such lending arrangements (including appropriateness of particular lending lending arrangements, provided that any extension of the duration of such arrangements between their registered such lending arrangements have been arrangements) are also subject to persons and customers, to the extent made on commercial terms that the notification and member pre-approval. permitted by the member, and the customer generally makes available to potential for conflicts of interests members of the general public who are In addition, FINRA proposes to ‘‘ between both the registered person and similarly situated as to need, purpose amend the definition of immediate ’’ his or her customer and the registered and creditworthiness.8 Further, the family in paragraph (c) (Definition of person and the member with which he member need not investigate such Immediate Family) of the rule to replace ‘‘ ’’ or she is associated. lending arrangements, but may rely on the reference that the term includes To that end, NASD Rule 2370 the registered person’s representation the enumerated persons to reflect that ‘‘ ’’ prohibits registered persons from that the terms of the loan meet these the term means such persons. Finally, borrowing money from or lending standards. FINRA proposes to add Supplementary money to their customers (collectively It is important to note that members Material .01 (Record Retention) referred to as ‘‘lending arrangements’’) can choose to permit registered persons requiring that members preserve the unless certain conditions are met. More to borrow money from or lend money to written pre-approval required by the specifically, under Rule 2370, no their customers consistent with the rule for at least three years after the date registered person may borrow money requirements of the rule or prohibit the that the lending arrangement has from or lend money to his or her practice in whole or in part. terminated or for at least three years customer unless the firm has written NYSE Rules 352(e) through (g) also after the registered person’s association procedures allowing such lending govern lending arrangements between with the member has terminated. FINRA arrangements and (1) the customer is a registered persons and their customers. proposes to delete NYSE Rules 352(e) member of the registered person’s These provisions are substantially through (g) as the provisions of the immediate family;7 (2) the customer is similar to the provisions of NASD Rule NYSE rules are substantially similar to in the business of lending money; (3) 2370, with one exception. NYSE Rule NASD Rule 2370. the customer and the registered person 352(f) provides an exception from the FINRA will announce the are both registered persons of the same pre-approval requirements of the rule implementation date of the proposed firm; (4) the lending arrangement is for loans totaling $100 or less between rule change in a Regulatory Notice to be based on a personal relationship outside registered persons of the same firm. published no later than 90 days of the broker-customer relationship; or Proposal following Commission approval. The implementation date will be no later (5) the lending arrangement is based on FINRA proposes to adopt NASD Rule than 180 days following Commission a business relationship outside of the 2370 as FINRA Rule 3240 in the approval. broker-customer relationship. In Consolidated FINRA Rulebook, subject addition, with the exception of lending to the following changes. FINRA 2. Statutory Basis arrangements between immediate family proposes to amend paragraph (a) members and lending arrangements (Permissible Lending Arrangements; FINRA believes that the proposed rule between registered persons and Conditions) of the rule to indicate more change is consistent with the provisions customers in the business of lending explicitly that such arrangements are of Section 15A(b)(6) of the Act,9 which money, FINRA members are required to subject to the procedural requirements requires, among other things, that pre-approve in writing the other lending set forth in paragraph (b) (Notification FINRA rules must be designed to arrangements described above. and Approval) of the rule. FINRA also prevent fraudulent and manipulative With respect to lending arrangements proposes to amend paragraph (a)(2)(B) acts and practices, to promote just and between immediate family members, a of the rule regarding permissible equitable principles of trade, and, in FINRA member’s written procedures lending arrangements between general, to protect investors and the registered persons and customers in the public interest. FINRA believes that the 5 For convenience, the Incorporated NYSE Rules proposed rule change will further the are referred to as the NYSE Rules. business of lending money to indicate 6 NYSE Rules 352(a) through (d) were deleted as more explicitly that such customers purposes of the Act by giving members part of a prior rule change. See Securities Exchange must be acting in the course of such the opportunity to evaluate the Act Release No. 60701 (September 21, 2009), 74 FR business. appropriateness of certain lending 49425 (September 28, 2009) (Order Approving File Further, FINRA proposes to amend arrangements between their registered No. SR–FINRA–2009–014). persons and others, to the extent 7 NASD Rule 2370 defines the term ‘‘immediate paragraph (b)(1) of the rule to require family’’ to include parents, grandparents, mother-in- permitted by a member, and the law or father-in-law, husband or wife, brother or 8 The fact that a registered person can negotiate potential that these lending sister, brother-in-law or sister-in-law, son-in-law or a better rate or terms for a loan that is not the arrangements could create certain daughter-in-law, children, grandchildren, cousin, product of the broker-customer relationship would conflicts of interest. aunt or uncle, or niece or nephew, and any other not vitiate the idea that the loan occurred on terms person whom the registered person supports, generally offered to the public. See Notice to directly or indirectly, to a material extent. Members 04–14 (March 2004). 9 15 U.S.C. 78o–3(b)(6).

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B. Self-Regulatory Organization’s amendments, all written statements solicit comments on the proposed rule Statement on Burden on Competition with respect to the proposed rule change from interested persons. change that are filed with the FINRA does not believe that the I. Self-Regulatory Organization’s proposed rule change will result in any Commission, and all written communications relating to the Statement of the Terms of Substance of burden on competition that is not the Proposed Rule Change necessary or appropriate in furtherance proposed rule change between the of the purposes of the Act. Commission and any person, other than The Exchange proposes to amend those that may be withheld from the Direct Edge ECN’s (‘‘DECN’’) fee C. Self-Regulatory Organization’s public in accordance with the schedule for ISE Members 3 to simplify Statement on Comments on the provisions of 5 U.S.C. 552, will be its fee schedule by (i) eliminating the Proposed Rule Change Received From available for inspection and copying in Super Tier and Ultra Tier rebates and Members, Participants, or Others the Commission’s Public Reference (ii) amending its fees and rebates. All of Written comments were neither Room, 100 F Street, NE., Washington, the changes described herein are solicited nor received. DC 20549, on official business days applicable to ISE Members. between the hours of 10 a.m. and 3 p.m. III. Date of Effectiveness of the Copies of such filing also will be All of the changes described herein Proposed Rule Change and Timing for available for inspection and copying at are applicable to ISE Members. The text Commission Action the principal office of FINRA. All of the proposed rule change is available Within 35 days of the date of comments received will be posted on the Exchange’s Internet Web site at publication of this notice in the Federal without change; the Commission does http://www.ise.com. Register or within such longer period (i) not edit personal identifying II. Self-Regulatory Organization’s as the Commission may designate up to information from submissions. You Statement of the Purpose of, and 90 days of such date if it finds such should submit only information that Statutory Basis for, the Proposed Rule longer period to be appropriate and you wish to make available publicly. All Change publishes its reasons for so finding or submissions should refer to File (ii) as to which the self-regulatory Number SR–FINRA–2009–095 and In its filing with the Commission, the organization consents, the Commission should be submitted on or before self-regulatory organization included will: February 2, 2010. statements concerning the purpose of, (A) By order approve such proposed For the Commission, by the Division of and basis for, the proposed rule change rule change, or Trading and Markets, pursuant to delegated and discussed any comments it received (B) institute proceedings to determine authority.10 on the proposed rule change. The text whether the proposed rule change Florence E. Harmon, of these statements may be examined at should be disapproved. Deputy Secretary. the places specified in Item IV below. The self-regulatory organization has IV. Solicitation of Comments [FR Doc. 2010–359 Filed 1–11–10; 8:45 am] prepared summaries, set forth in Interested persons are invited to BILLING CODE 8011–01–P sections A, B and C below, of the most submit written data, views and significant aspects of such statements. arguments concerning the foregoing, including whether the proposed rule SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s change is consistent with the Act. COMMISSION Statement of the Purpose of, and Comments may be submitted by any of Statutory Basis for, the Proposed Rule the following methods: [Release No. 34–61289; File No. SR–ISE– Change 2009–108] Electronic Comments 1. Purpose • Self-Regulatory Organizations; Use the Commission’s Internet DECN, a facility of ISE, operates two comment form (http://www.sec.gov/ International Securities Exchange, LLC; Notice of Filing and Immediate trading platforms, EDGX and EDGA. On rules/sro.shtml); or July 1, 2009,4 the Exchange adopted a • Send an e-mail to rule- Effectiveness of Proposed Rule new Ultra Tier Rebate whereby ISE [email protected]. Please include File Change Relating To Amending the Members were provided a $0.0032 Number SR–FINRA–2009–095 on the Direct Edge ECN Fee Schedule rebate per share for securities priced at subject line. January 5, 2010. or above $1.00 when ISE Members add Paper Comments liquidity on EDGX if the attributed Pursuant to Section 19(b)(1) of the MPID satisfies one of the following • Send paper comments in triplicate Securities Exchange Act of 1934 (the criteria on a daily basis, measured to Elizabeth M. Murphy, Secretary, ‘‘Act’’),1 and Rule 19b–4 thereunder,2 monthly: (i) Adding 100,000,000 shares Securities and Exchange Commission, notice is hereby given that on December or more on EDGX; or (ii) adding 100 F Street, NE., Washington, DC 30, 2009, the International Securities 50,000,000 shares or more of liquidity 20549–1090. Exchange, LLC (the ‘‘Exchange’’ or the on EDGX, so long as added liquidity on All submissions should refer to File ‘‘ISE’’) filed with the Securities and EDGX is at least 20,000,000 shares Number SR–FINRA–2009–095. This file Exchange Commission (‘‘Commission’’) greater than the previous calendar number should be included on the the proposed rule change as described month. The rebate described above is subject line if e-mail is used. To help the in Items I, II, and III below, which items referred to as an ‘‘Ultra Tier Rebate’’ on Commission process and review your have been prepared by the self- the DECN fee schedule. comments more efficiently, please use regulatory organization. The only one method. The Commission will Commission is publishing this notice to post all comments on the Commission’s 3 References to ISE Members in this filing refer to DECN Subscribers who are ISE Members. Internet Web site (http://www.sec.gov/ 10 17 CFR 200.30–3(a)(12). 4 See Securities and Exchange Act Release No. rules/sro.shtml). Copies of the 1 15 U.S.C. 78s(b)(1). 60232 (July 2, 2009), 74 FR 33309 (July 10, 2009) submission, all subsequent 2 17 CFR 240.19b–4. (SR–ISE–2009–43).

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On October 1, 2009,5 the Exchange To effectuate the foregoing, the the text in footnote 1 has been deleted amended the criteria for meeting this Exchange proposes to delete the Super to reflect this change. tier by allowing ISE Members to receive Tier and Ultra Tier rebates discussed Currently, Members can qualify for a a $0.0032 rebate per share for securities above and proposes the amendments, rebate of $0.0032 per share for all priced at or above $1.00 when ISE described below, to its fees and rebates. liquidity posted on EDGX if they: (i) Members add liquidity on EDGX if the For securities priced less than $1, the Add or route at least 10,000,000 shares attributed MPID posts 1% of the total Exchange proposes to change fees for of average daily volume prior to 9:30 consolidated volume (‘‘TCV’’) in average adding liquidity on EDGX from free to a.m. or after 4 p.m. (includes all flags daily volume (‘‘ADV’’). TCV is defined as 0.15% of the dollar value of the except 6); and (ii) add a minimum of volume reported by all exchanges and transaction. For removing liquidity on 75,000,000 shares of average daily trade reporting facilities to the EDGX, the Exchange proposes to change volume on EDGX in total, including consolidated transaction reporting plans the removal fee from 0.20% of the dollar during both market hours and pre- and for Tape A, B, and C securities. value of the transaction to 0.30% of the post-trading hours. For EDGX, the On May 1, 2009,6 the Exchange dollar value of the transaction. Exchange proposes to amend this as amended the Super Tier rebate, which DECN does not charge port charges to follows: For Members adding volume in provides a $0.0030 rebate per share for Members executing 200,000 shares or securities priced $1 and over, they will more of combined liquidity on EDGX liquidity added on EDGX if the receive a rebate of $0.0031 per share for and/or EDGA on a monthly basis, per attributed MPID satisfies any of the all liquidity posted on EDGX if they: (i) port. Any port (or number of ports) in following three criteria on a daily basis, Add or route at least 5,000,000 shares of excess of this, however, is currently measured monthly: (i) Adding average daily volume prior to 9:30 a.m. charged $50 per port, per month. The 40,000,000 shares or more on either or after 4 p.m. (includes all flags except Exchange is proposing to eliminate this EDGX, EDGA, or EDGX and EDGA 6); and (ii) add a minimum of contingency and provide that all port combined; (ii) adding 20,000,000 shares 50,000,000 shares of average daily charges are free irrespective of how volume on EDGX in total, including or more on either EDGX, EDGA, or much volume the Member executes. during both market hours and pre- and EDGX and EDGA combined and routing Currently, the Exchange provides that post-trading hours (emphasis added). 20,000,000 shares or more through the current removal rate on EDGA, a The new thresholds allow more EDGA; or (iii) adding 10,000,000 shares rebate of $0.0002 per share, is Members to receive this rebate and is or more of liquidity to EDGX, so long as contingent on the attributed MPID designed to reward members who add added liquidity on EDGX is at least adding or routing a minimum average or route significant order flow to EDGX 5,000,000 shares greater than the daily share volume, measured monthly, both during market hours and pre- and previous calendar month. of 50,000 shares on EDGA. The post-trading hours. It is also designed to To adjust DECN’s pricing model to be Exchange proposes to provide that increase liquidity during pre- and post- more consistent with other exchanges hidden order executions (Flag H) also trading hours. For all Members, (even though DECN is not an count toward this volume. As a result, including Members not meeting the exchange),7 the Exchange is now any attributed MPID not meeting this above thresholds, the Exchange now proposing to de-link the pricing minimum will be charged $0.0030 per proposes to rebate $0.0029 per share for structures of DECN to eliminate pricing share for removing liquidity from adding liquidity (to EDGX) in securities offers that are contingent on activity EDGA. In addition, the Exchange on all Tapes. This replaces the Super across both platforms. Secondly, the proposes to eliminate this contingency Tier and Ultra Tier structure presently Exchange is proposing to simplify its fee (in footnote 1 of the fee schedule) as it in place that is described above. schedule, which will provide Members applies to EDGX or EDGA/EDGX Conforming amendments have been with greater consistency and combined volume. As mentioned above, made to flags B, V, Y, 3 & 4 (‘‘add transparency during the period that the the Exchange is now proposing to de- liquidity’’ flags) to reflect this fee EDGA and EDGX Exchanges are link the pricing structures of DECN change. preparing to launch, when volume will (EDGA/EDGX) to eliminate pricing For removing liquidity, the Exchange be transitioning from DECN to the offers that are contingent on activity currently charges $0.0028 per share for EDGA and EDGX Exchanges (assuming across both platforms. removing liquidity on EDGX for their respective Form 1 applications are For adding liquidity on EDGA, securities on all Tapes. The Exchange approved by the Commission). Finally, currently Members are charged $0.0002 now proposes to charge $0.0029 per the Exchange believes that the proposed per share to add liquidity on EDGA share for removing liquidity on EDGX. rate changes will help to maintain the unless the attributed MPID adds a The Exchange believes that this fee competitive position of DECN. minimum average daily share volume, structure will enable it to compete measured monthly, of at least effectively with other market centers. 5 See Securities Exchange Act Release No. 60769 50,000,000 shares on EDGA. Any Conforming amendments have been (October 2, 2009) 74 FR 51903 (October 8, 2009) attributed MPID meeting this minimum made to the N, W, and 6 flags (‘‘remove (SR–ISE–2009–68). will not be charged to add liquidity on liquidity’’ flags) to reflect this fee 6 See Securities Exchange Act Release No. 59887 EDGA. The Exchange is proposing to change. (May 7, 2009), 74 FR 22792 (May 14, 2009) (SR– ISE–2009–24). delete the above paragraph in footnote Finally, the Exchange proposes to 7 On May 7, 2009, each of EDGA Exchange, Inc. 1 as the current charge of $0.0002 per amend the fee for EDGA orders routed and EDGX Exchange, Inc. (the ‘‘EDGA and EDGX share to add liquidity on EDGA is no to EDGX. Currently, the Exchange Exchanges’’) filed their respective Form 1 longer dependent on Members adding a charges $0.0028 per share and this event applications to register as a national securities ‘‘ ’’ exchange (‘‘Form 1’’) pursuant to Section 6 of the minimum average daily share volume, yields flag I . The Exchange is Securities Exchange Act of 1934. On July 30, 2009, measured monthly, of at least proposing to increase this fee to $0.0029 the Exchanges filed Amendment No. 1 to the Form 50,000,000 shares on EDGA. In addition, per share on the EDGA platform. The 1 Application. On September 17, 2009, the Form 1 the Exchange is proposing that any Exchange believes that this rate change was published in the Federal Register for notice and comment. See Securities Exchange Act Release attributed MPID meeting this minimum will enable it to maintain a competitive No. 60651 (September 11, 2009), 74 FR 47827 will also be charged $0.0002 per share position with regards to other away (September 17, 2009). to add liquidity on EDGA. Therefore, market centers.

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The changes discussed in this filing C. Self-Regulatory Organization’s communications relating to the will become operative on January 1, Statement on Comments on the proposed rule change between the 2010. Proposed Rule Change Received From Commission and any person, other than Members, Participants or Others those that may be withheld from the 2. Statutory Basis The Exchange has not solicited, and public in accordance with the The Exchange believes that the does not intend to solicit, comments on provisions of 5 U.S.C. 552, will be available for inspection and copying in proposed rule change is consistent with this proposed rule change. The the Commission’s Public Reference the objectives of Section 6 of the Act,8 Exchange has not received any unsolicited written comments from Room, 100 F Street, NE., Washington, in general, and furthers the objectives of DC 20549, on official business days 9 members or other interested parties. Section 6(b)(4), in particular, as it is between the hours of 10 a.m. and 3 p.m. designed to provide for the equitable III. Date of Effectiveness of the Copies of the filing also will be available allocation of reasonable dues, fees and Proposed Rule Change and Timing for for inspection and copying at the other charges among its members and Commission Action principal office of the ISE. All other persons using its facilities. In The foregoing rule change has become comments received will be posted particular, simplifying the rate structure effective pursuant to Section 19(b)(3) of without change; the Commission does for Members provides pricing incentives the Act 10 and Rule 19b–4(f)(2) 11 not edit personal identifying to market participants that route orders thereunder. At any time within 60 days information from submissions. You to DECN, allowing DECN to remain of the filing of such proposed rule should submit only information that competitive. ISE notes that DECN change, the Commission may summarily you wish to make available publicly. All operates in a highly competitive market abrogate such rule change if it appears submissions should refer to File in which market participants can to the Commission that such action is Number SR–ISE–2009–108 and should readily direct order flow to competing necessary or appropriate in the public be submitted on or before February 2, venues if they deem fee levels at a interest, for the protection of investors, 2010. particular venue to be excessive. The or otherwise in furtherance of the For the Commission, by the Division of proposed rule change reflects a purposes of the Act. Trading and Markets, pursuant to delegated authority.12 competitive pricing structure designed IV. Solicitation of Comments to incent market participants to direct Florence E. Harmon, Interested persons are invited to their order flow to DECN. ISE believes Deputy Secretary. submit written data, views, and [FR Doc. 2010–296 Filed 1–11–10; 8:45 am] the fees and credits remain competitive arguments concerning the foregoing, BILLING CODE 8011–01–P with those charged by other venues and including whether the proposed rule therefore continue to be reasonable and change is consistent with the Act. equitably allocated to those members Comments may be submitted by any of SECURITIES AND EXCHANGE that opt to direct orders to DECN rather the following methods: COMMISSION than competing venues. The ISE also believes that the proposed rates are Electronic Comments [Release No. 34–61291; File No. SR– equitable in that they apply uniformly • Use the Commission’s Internet NYSEAmex–2009–95] comment form (http://www.sec.gov/ to all Members. Finally, to adjust Self-Regulatory Organizations; Notice DECN’s pricing model to be more rules/sro.shtml); or • Send an e-mail to rule- of Filing and Immediate Effectiveness consistent with other exchanges (even of Proposed Rule Change by NYSE though DECN is not an exchange), the [email protected]. Please include File Number SR–ISE–2009–108 on the Amex LLC To Establish Registered Exchange desires to (i) de-link the Representative Fees pricing structures of DECN (EDGA/ subject line. EDGX) to eliminate pricing offers that Paper Comments January 5, 2010. Pursuant to Section 19(b)(1) of the are contingent on activity across both • Send paper comments in triplicate platforms; and (ii) simplify its fee Securities Exchange Act of 1934 (the to Elizabeth M. Murphy, Secretary, ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 schedule in order to provide Members Securities and Exchange Commission, with greater consistency and notice is hereby given that, on December 100 F Street, NE., Washington, DC ‘‘ transparency during the period that the 28, 2009, NYSE Amex LLC ( NYSE 20549–1090. Amex’’ or the ‘‘Exchange’’) filed with the EDGA and EDGX Exchanges are All submissions should refer to File Securities and Exchange Commission preparing to launch, when volume will Number SR–ISE–2009–108. This file (the ‘‘Commission’’) the proposed rule be transitioning from DECN to EDGA/ number should be included on the change as described in Items I, II, and EDGX Exchanges (assuming their subject line if e-mail is used. To help the III below, which Items have been respective Form 1 applications are Commission process and review your prepared by the Exchange. The approved by the Commission). comments more efficiently, please use Commission is publishing this notice to only one method. The Commission will B. Self-Regulatory Organization’s solicit comments on the proposed rule post all comments on the Commission’s change from interested persons. Statement on Burden on Competition Internet Web site (http://www.sec.gov/ I. Self-Regulatory Organization’s The proposed rule change does not rules/sro.shtml). Copies of the submission, all subsequent Statement of the Terms of Substance of impose any burden on competition that the Proposed Rule Change is not necessary or appropriate in amendments, all written statements furtherance of the purposes of the Act. with respect to the proposed rule The Exchange proposes to end its change that are filed with the waiver of registered representative fees Commission, and all written 12 17 CFR 200.30–3(a)(12). 8 15 U.S.C. 78f. 10 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). 9 15 U.S.C. 78f(b)(4). 11 17 CFR 19b–4(f)(2). 2 17 CFR 240.19b–4.

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for member organizations that acquired registered representative fees to those their NYSE Amex equities trading their memberships solely by operation firms for the month of December. activities. of NYSE Amex Equities Rule 2 in At the time of its original adoption of The rule change will become connection with the acquisition of the the waiver, NYSE Amex stated that it operative as of January 1, 2010. American Stock Exchange by the New expected to submit a filing to adopt a York Stock Exchange (‘‘NYSE’’). The revised registered representative fee 2. Statutory Basis waiver will end on December 31, 2009 commencing January 1, 2009.3 The The Exchange believes that the and all member organizations will be waiver was extended through June 30, proposed rule change is consistent with subject to registered representative fees 2009,4 and was subsequently extended the provisions of Section 6 of the Act,7 commencing January 1, 2010. The text again through September 30, 2009,5 at in general, and Section 6(b)(4) of the of the proposed rule change is available which time it expired. The expiration of Act,8 in particular, in that it is designed at the Exchange, the Commission’s the waiver on September 30, 2009, to provide for the equitable allocation of Public Reference Room, and resulted from an oversight on the part of reasonable dues, fees, and other charges www.nyse.com. Exchange staff as the Exchange had not yet reached a conclusion as to a more among its members and other persons II. Self-Regulatory Organization’s permanent approach to registered using its facilities. The Exchange Statement of the Purpose of, and representative fees at that time. believes that the proposal does not Statutory Basis for, the Proposed Rule Consequently, the Exchange intends to constitute an inequitable allocation of Change submit a filing in which it seeks to re- dues, fees and other charges as all In its filing with the Commission, the establish the waiver with retroactive member organizations will pay the same self-regulatory organization included effect from October 1, 2009, ending on fees and the fees charged to member statements concerning the purpose of, December 31, 2009. organizations that previously benefitted and basis for, the proposed rule change NYSE Amex proposes to end the from the waiver will be sufficient to and discussed any comments it received waiver on December 31, 2009, and will fund only a portion of the costs of NYSE on the proposed rule change. The text require all NYSE Amex member Amex’s regulation of those member of those statements may be examined at organizations to pay registered organizations’ NYSE Amex equities the places specified in Item IV below. representative fees as of January 1, 2010, trading activities. The Exchange has prepared summaries, regardless of whether they were B. Self-Regulatory Organization’s set forth in sections A, B, and C below, members of NYSE Amex prior to the Statement on Burden on Competition of the most significant parts of such Equities Relocation.6 It has been NYSE statements. Amex’s experience that member The Exchange does not believe that organizations that have benefitted from the proposed rule change will impose A. Self-Regulatory Organization’s the waiver have traded comparable any burden on competition that is not Statement of the Purpose of, and volumes of NYSE Amex equities since necessary or appropriate in furtherance Statutory Basis for, the Proposed Rule the Equities Relocation to those traded of the purposes of the Act. Change by member organizations that are C. Self-Regulatory Organization’s 1. Purpose currently subject to the registered representative fees. Consequently, NYSE Statement on Comments on the In connection with the acquisition of Amex believes it is equitable to charge Proposed Rule Change Received From the American Stock Exchange (renamed the same registered representative fees Members, Participants, or Others NYSE Amex after the acquisition) by to all member organizations regardless No written comments were solicited NYSE Euronext, all equities trading of how they acquired their membership. conducted on or through the American or received with respect to the proposed The Exchange also notes that, while rule change. Stock Exchange legacy trading systems NYSE Amex benefits to a large degree and facilities located at 86 Trinity Place, from the NYSE’s regulatory program and III. Date of Effectiveness of the New York, New York, was moved on all NYSE Amex members pay regulatory Proposed Rule Change and Timing for December 1, 2008, to the NYSE trading fees to the NYSE, the revenues Commission Action facilities and systems located at 11 Wall generated from NYSE regulatory fees are Street, New York, New York (the ‘‘NYSE significantly less than is needed to fund The foregoing rule change is effective Amex Trading Systems’’), which are the NYSE and NYSE Amex equities upon filing pursuant to Section operated by the NYSE on behalf of 19(b)(3)(A) 9 of the Act and regulatory program. As such, the 10 NYSE Amex (the ‘‘Equities Relocation’’). Exchange believes it is appropriate to subparagraph (f)(2) of Rule 19b–4 At the time of the Equities Relocation, charge registered representative fees to thereunder, because it establishes a due, by operation of NYSE Amex Equities those member organizations that have fee, or other charge imposed by NYSE Rule 2, all NYSE member organizations benefitted from the waiver, as a Amex. automatically became NYSE Amex contribution to the costs of regulating At any time within 60 days of the member organizations. By acquiring filing of the proposed rule change, the NYSE Amex membership, the NYSE 3 See Exchange Act Release 59045 (December 3, Commission may summarily abrogate member organizations that were not 2008), 73 FR 75151 (December 10, 2008) (SR– such rule change if it appears to the previously NYSE Amex members would NYSEALTR–2008–09). Commission that such action is become subject to the NYSE Amex 4 See Exchange Act Release 59170 (December 29, 2008), 74 FR 486 (January 6, 2009) (SR– necessary or appropriate in the public registration fees for all of their NYSEALTR–2008–19). interest, for the protection of investors, employees who serve as registered 5 See Exchange Act Release 60176 (June 26, 2009), or otherwise in furtherance of the representatives. As these NYSE member 74 FR 32021 (July 6, 2009) (SR–NYSAmex–2009– purposes of the Act. organizations that had no NYSE Amex 30). 6 See e-mail from John Carey, Chief Counsel US business prior to the Equities Relocation 7 Equities, NYSE Euronext, Inc. to Leah Mesfin, 15 U.S.C. 78f(b). became NYSE Amex members without Special Counsel, Division of Trading and Markets, 8 15 U.S.C. 78f(b)(4). any action on their own part, NYSE Commission, on January 4, 2010, clarifying that the 9 15 U.S.C. 78s(b)(3)(A). Amex waived the application of its waiver ended on December 31, 2009. 10 17 CFR 240.19b–4(f)(2).

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IV. Solicitation of Comments For the Commission, by the Division of of these statements may be examined at Trading and Markets, pursuant to delegated the places specified in Item III below. Interested persons are invited to authority.11 The self-regulatory organization has submit written data, views, and Florence E. Harmon, prepared summaries, set forth in arguments concerning the foregoing, Deputy Secretary. sections A, B and C below, of the most including whether the proposed rule [FR Doc. 2010–298 Filed 1–11–10; 8:45 am] significant aspects of such statements. change is consistent with the Act. BILLING CODE 8011–01–P Comments may be submitted by any of A. Self-Regulatory Organization’s the following methods: Statement of the Purpose of, and Statutory Basis for, the Proposed Rule SECURITIES AND EXCHANGE Electronic Comments Change COMMISSION 1. Purpose • Use the Commission’s Internet [Release No. 34–61290; File No. SR–ISE– comment form (http://www.sec.gov/ 2009–109] DECN, a facility of ISE, operates two rules/sro.shtml); or trading platforms, EDGX and EDGA. On Self-Regulatory Organizations; • Send an e-mail to rule- December 30, 2009, the ISE filed for International Securities Exchange, [email protected]. Please include File immediate effectiveness a proposed rule LLC; Notice of Filing and Order Number SR–NYSEAmex–2009–95 on change to amend Direct Edge ECN’s Granting Accelerated Approval to a ‘‘ ’’ the subject line. ( DECN ) fee schedule for ISE Proposed Rule Change Relating to the Members 3 to simplify its fee schedule Paper Comments Amounts That Direct Edge ECN, in Its by (i) eliminating the Super Tier and Capacity as an Introducing Broker for Ultra Tier rebates; 4 and (ii) amending • Send paper comments in triplicate Non-ISE Members, Passes Through to to Elizabeth M. Murphy, Secretary, Such Non-ISE Members 3 References to ISE Members in this filing refer to Securities and Exchange Commission, DECN Subscribers who are ISE Members. 100 F Street, NE., Washington, DC January 5, 2010. 4 On July 1, 2009, the Exchange adopted a new Pursuant to Section 19(b)(1) of the Ultra Tier Rebate whereby ISE Members were 20549–1090. provided a $0.0032 rebate per share for securities Securities Exchange Act of 1934 (the priced at or above $1.00 when ISE Members add All submissions should refer to File 1 2 ‘‘Act’’), and Rule 19b–4 thereunder, liquidity on EDGX if the attributed MPID satisfies Number SR–NYSEAmex–2009–95. This notice is hereby given that on December one of the following criteria on a daily basis, file number should be included on the 31, 2009, the International Securities measured monthly: (i) Adding 100,000,000 shares subject line if e-mail is used. To help the ‘‘ ’’ or more on EDGX; or (ii) adding 50,000,000 shares Exchange, LLC (the Exchange or the or more of liquidity on EDGX, so long as added Commission process and review your ‘‘ISE’’) filed with the Securities and liquidity on EDGX is at least 20,000,000 shares comments more efficiently, please use Exchange Commission (‘‘Commission’’) greater than the previous calendar month. The only one method. The Commission will the proposed rule change as described rebate described above is referred to as an ‘‘Ultra post all comments on the Commission’s Tier Rebate’’ on the DECN fee schedule. See in Items I and II below, which Items Securities and Exchange Act Release No. 60232 Internet Web site (http://www.sec.gov/ have been prepared by the self- (July 2, 2009), 74 FR 33309 (July 10, 2009)(SR–ISE– rules/sro.shtml). Copies of the regulatory organization. The 2009–43). submission, all subsequent Commission is publishing this notice to On October 1, 2009, the Exchange amended the amendments, all written statements solicit comments on the proposed rule criteria for meeting this tier by allowing ISE Members to receive a $0.0032 rebate per share for with respect to the proposed rule change from interested persons, and is securities priced at or above $1.00 when ISE change that are filed with the approving the proposal on an Members add liquidity on EDGX if the attributed Commission, and all written accelerated basis. MPID posts 1% of the total consolidated volume communications relating to the (‘‘TCV’’) in average daily volume (‘‘ADV’’). TCV is I. Self-Regulatory Organization’s defined as volume reported by all exchanges and proposed rule change between the Statement of the Terms of Substance of trade reporting facilities to the consolidated Commission and any person, other than the Proposed Rule Change transaction reporting plans for Tape A, B, and C those that may be withheld from the securities. See Securities Exchange Act Release No. The Exchange proposes to modify the 60769 (October 2, 2009) 74 FR 51903 (October 8, public in accordance with the 2009)(SR–ISE–2009–68). provisions of 5 U.S.C. 552, will be amounts that Direct Edge ECN ‘‘ ’’ On May 1, 2009, the Exchange amended the available for inspection and copying in ( DECN ), in its capacity as an Super Tier rebate, which provides a $0.0030 rebate the Commission’s Public Reference introducing broker for non-ISE per share for liquidity added on EDGX if the Members, passes through to such non- attributed MPID satisfies any of the following three Room, 100 F Street, NE., Washington, criteria on a daily basis, measured monthly: (i) DC 20549, on official business days ISE Members. The text of the proposed rule change Adding 40,000,000 shares or more on either EDGX, between the hours of 10 a.m. and 3 p.m. EDGA, or EDGX and EDGA combined; (ii) adding is available on the Exchange’s Internet Copies of such filing also will be 20,000,000 shares or more on either EDGX, EDGA, Web site at http://www.ise.com. or EDGX and EDGA combined and routing available for inspection and copying at 20,000,000 shares or more through EDGA; or (iii) the principal office of the Exchange. All II. Self-Regulatory Organization’s adding 10,000,000 shares or more of liquidity to comments received will be posted Statement of the Purpose of, and EDGX, so long as added liquidity on EDGX is at without change; the Commission does Statutory Basis for, the Proposed Rule least 5,000,000 shares greater than the previous calendar month. See Securities Exchange Act not edit personal identifying Change Release No. 59887 (May 7, 2009), 74 FR 22792 (May information from submissions. You In its filing with the Commission, the 14, 2009)(SR–ISE–2009–24). should submit only information that self-regulatory organization included To adjust DECN’s pricing model to be more you wish to make publicly available. All consistent with other exchanges (even though statements concerning the purpose of, DECN is not an exchange), in SR–ISE–2009–108, submissions should refer to File and basis for, the proposed rule change the Exchange proposed to de-link the pricing Number SR–NYSEAmex–2009–95 and and discussed any comments it received structures of DECN to eliminate pricing offers that should be submitted on or before on the proposed rule change. The text are contingent on activity across both platforms. February 2, 2010. Secondly, in that filing, the Exchange proposed to simplify its fee schedule, which will provide 1 15 U.S.C. 78s(b)(1). Members with greater consistency and transparency 11 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. during the period that the EDGA and EDGX

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its fees and rebates.5 The changes made pursuant to SR–ISE–2009–108 became 2. Statutory Basis operative on January 1, 2010. The Exchange believes that the Exchanges are preparing to launch, when volume In its capacity as a member of ISE, proposed rule change is consistent with will be transitioning from DECN to the EDGA and DECN currently serves as an introducing the objectives of Section 6 of the Act,6 EDGX Exchanges (assuming their respective Form broker for the non-ISE Member 1 applications are approved by the Commission). in general, and furthers the objectives of Finally, the Exchange believes that the proposed subscribers of DECN to access EDGX Section 6(b)(4),7 in particular, in that it rate changes will help to maintain the competitive and EDGA. DECN, as an ISE Member position of DECN. On May 7, 2009, each of EDGA is designed to provide for the equitable and introducing broker, receives rebates allocation of reasonable dues, fees and Exchange, Inc. and EDGX Exchange, Inc. (the and is assessed charges from DECN for ‘‘EDGA and EDGX Exchanges’’) filed their respective other charges among its members and transactions it executes on EDGX or Form 1 applications to register as a national other persons using its facilities. In securities exchange (‘‘Form 1’’) pursuant to Section EDGA in its capacity as introducing particular, this proposal will ensure that 6 of the Securities Exchange Act of 1934. On July broker for non-ISE Members. Since the dues, fees and other charges imposed on 30, 2009, the Exchanges filed Amendment No. 1 to amounts of such rebates and charges the Form 1 Application. On September 17, 2009, ISE Members are equitably allocated to were changed pursuant to SR–ISE– the Form 1 was published in the Federal Register both ISE Members and non-ISE for notice and comment. See Securities Exchange 2009–108, DECN wishes to make Members (by virtue of the pass-through Act Release No. 60651 (September 11, 2009), 74 FR corresponding changes to the amounts it described above). 47827 (September 17, 2009). passes through to non-ISE Member To effectuate the foregoing, in SR–ISE–2009–108, the Exchange deleted the Super Tier and Ultra Tier subscribers of DECN for which it acts as B. Self-Regulatory Organization’s rebates discussed above. introducing broker. As a result, the per Statement on Burden on Competition 5 In SR–ISE–2009–108, the Exchange amended its share amounts that non-ISE Member The proposed rule change does not fee schedule for adding liquidity on EDGX from free subscribers receive and are charged will impose any burden on competition that to 0.15% of the dollar value of the transaction for be the same as the amounts that ISE securities priced less than $1. For removing is not necessary or appropriate in liquidity on EDGX, the Exchange amended its fee Members receive and are charged. furtherance of the purposes of the Act. schedule for the removal fee from 0.20% of the ISE is seeking accelerated approval of dollar value of the transaction to 0.30% of the this proposed rule change, as well as an C. Self-Regulatory Organization’s dollar value of the transaction. effective date of January 1, 2010. ISE Statement on Comments on the DECN does not charge port charges to Members represents that this proposal will ensure Proposed Rule Change Received From executing 200,000 shares or more of combined liquidity on EDGX and/or EDGA on a monthly that both ISE Members and non-ISE Members, Participants or Others basis, per port. Any port (or number of ports) in Members (by virtue of the pass-through The Exchange has not solicited, and excess of this, however, was charged $50 per port, described above) will in effect receive does not intend to solicit, comments on per month. In SR–ISE–2009–108, the Exchange and be charged equivalent amounts and eliminated this contingency and provided that all this proposed rule change. The port charges are free irrespective of how much that the imposition of such amounts Exchange has not received any volume the Member executes. will begin on the same January 1, 2010 unsolicited written comments from Previously, the Exchange provided that the start date. members or other interested parties. removal rate on EDGA, which was a rebate of $0.0002 per share, was contingent on the attributed volume in securities priced $1 and over, they will III. Solicitation of Comments MPID adding or routing a minimum average daily receive a rebate of $0.0031 per share for all liquidity share volume, measured monthly, of 50,000 shares posted on EDGX if they: (i) add or route at least Interested persons are invited to on EDGA. In SR–ISE–2009–108, the Exchange 5,000,000 shares of average daily volume prior to submit written data, views, and provided that hidden order executions (Flag H) also 9:30 a.m. or after 4 p.m. (includes all flags except arguments concerning the foregoing, count toward this volume. As a result, any 6); and (ii) add a minimum of 50,000,000 shares of including whether the proposed rule attributed MPID not meeting this minimum will be average daily volume on EDGX in total, including charged $0.0030 per share for removing liquidity during both market hours and pre- and post-trading change is consistent with the Act. from EDGA. In addition, the Exchange eliminated hours (emphasis added). The new thresholds allow Comments may be submitted by any of this contingency (in footnote 1 of the fee schedule) more Members to receive this rebate and is the following methods: as it applies to EDGX or EDGA/EDGX combined designed to reward members who add or route volume. As mentioned above, the Exchange de- significant order flow to EDGX both during market Electronic Comments linked the pricing structures of DECN (EDGA/ hours and pre- and post-trading hours. It is also • EDGX) to eliminate pricing offers that are designed to increase liquidity during pre- and post- Use the Commission’s Internet contingent on activity across both platforms. trading hours. For all Members, including Members comment form (http://www.sec.gov/ For adding liquidity on EDGA, Members were not meeting the above thresholds, the Exchange rules/sro.shtml); or charged $0.0002 per share to add liquidity on EDGA now proposes to rebate $0.0029 per share for adding • Send an e-mail to rule- unless the attributed MPID added a minimum liquidity (to EDGX) in securities on all Tapes. This average daily share volume, measured monthly, of replaced the Super Tier and Ultra Tier structure [email protected]. Please include File at least 50,000,000 shares on EDGA. Any attributed that had been in place and is described above. No. SR–ISE–2009–109 on the subject MPID meeting this minimum would not be charged Conforming amendments were made to flags B, V, line. to add liquidity on EDGA. In SR–ISE–2009–108, the Y, 3 & 4 (‘‘add liquidity’’ flags) to reflect this fee Exchange deleted the above paragraph in footnote change. Paper Comments 1 as the current charge of $0.0002 per share to add For removing liquidity, the Exchange charged • liquidity on EDGA is no longer dependent on $0.0028 per share for removing liquidity on EDGX Send paper comments in triplicate Members adding a minimum average daily share for securities on all Tapes. In SR–ISE–2009–108, the to Elizabeth M. Murphy, Secretary, volume, measured monthly, of at least 50,000,000 Exchange amended the fee schedule to charge Securities and Exchange Commission, shares on EDGA. In addition, any attributed MPID $0.0029 per share for removing liquidity on EDGX. 100 F Street, NE., Washington, DC meeting this minimum will also be charged $0.0002 The Exchange believes that this fee structure will per share to add liquidity on EDGA. Therefore, the enable it to compete effectively with other market 20549–1090. text in footnote 1 has been deleted to reflect this centers. Conforming amendments were made to the All submissions should refer to File change. N, W, and 6 flags (‘‘remove liquidity’’ flags) to reflect Number SR–ISE–2009–109. This file Members could qualify for a rebate of $0.0032 per this fee change. number should be included on the share for all liquidity posted on EDGX if they: (i) Finally, in SR–ISE–2009–108, the Exchange Added or route at least 10,000,000 shares of average amended the fee for EDGA orders routed to EDGX. subject line if e-mail is used. To help the daily volume prior to 9:30 a.m. or after 4 p.m. Previously, the Exchange charged $0.0028 per share Commission process and review your (includes all flags except 6); and (ii) added a and this event yielded flag ‘‘I’’. In SR–ISE–2009– comments more efficiently, please use minimum of 75,000,000 shares of average daily 108, the Exchange increased this fee to $0.0029 per only one method. The Commission will volume on EDGX in total, including during both share on the EDGA platform. The Exchange believes market hours and pre- and post-trading hours. In that this rate change will enable it to maintain a SR–ISE–2009–108, for EDGX, the Exchange competitive position with regards to other away 6 15 U.S.C. 78f. amended this as follows: for Members adding market centers. 7 15 U.S.C. 78f(b)(4).

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post all comments on the Commission’s will allow DECN to pass through the Restructuring Act of 1998 (112 Stat. Internet Web site (http://www.sec.gov/ revised rebates and fees to the non-ISE 2681, et seq.; 22 U.S.C. 6501 note, et rules/sro.shtml). Copies of the member subscribers for which it acts as seq.), Delegation of Authority No. 234 of submission, all subsequent an introducing broker. The Commission October 1, 1999, Delegation of Authority amendments, all written statements finds that the proposal is consistent No. 236 of October 19, 1999, as with respect to the proposed rule with the Act because it will provide amended, and Delegation of Authority change that are filed with the rebates and charge fees to non-ISE No. 257 of April 15, 2003 [68 FR 19875], Commission, and all written member subscribers that are equivalent I hereby determine that the objects to be communications relating to the to those established for ISE member included in the exhibition ‘‘Roman Art,’’ proposed rule change between the subscribers in the Member Fee Filing.10 imported from abroad for temporary Commission and any person, other than ISE has requested that the exhibition within the United States, are those that may be withheld from the Commission find good cause for of cultural significance. The objects are public in accordance with the approving the proposed rule change imported pursuant to loan agreements provisions of 5 U.S.C. 552, will be prior to the thirtieth day after with the foreign owners or custodians. available for inspection and copying in publication of notice of filing thereof in I also determine that the exhibition or the Commission’s Public Reference the Federal Register. As discussed display of the exhibit objects at the Room, 100 F Street, NE., Washington, above, the proposal will allow DECN to Metropolitan Museum of Art, New York, DC 20549, on official business days pass through to non-ISE member NY, from on or about January 2010 until between the hours of 10 a.m. and 3 p.m. subscribers the revised rebate and fees on or about January 2014, and at Copies of such filing also will be established for ISE member subscribers possible additional exhibitions or available for inspection and copying at in the Member Fee Filing, resulting in venues yet to be determined, is in the the principal office of the ISE. All equivalent rebates and fees for ISE national interest. Public Notice of these comments received will be posted member and non-member subscribers. Determinations is ordered to be without change; the Commission does In addition, because the proposal will published in the Federal Register. not edit personal identifying apply the revised rebates and fees FOR FURTHER INFORMATION CONTACT: For information from submissions. You retroactively to January 1, 2010, the further information, including a list of should submit only information that revised rebates and fees will have the the exhibit objects, contact Carol B. you wish to make available publicly. All same effective date, thereby promoting Epstein, Attorney-Adviser, Office of the submissions should refer to File consistency in the DECN’s fee schedule. Legal Adviser, U.S. Department of State Number SR–ISE–2009–109 and should Accordingly, the Commission finds (telephone: 202/632–6473). The address be submitted on or before February 2, good cause, pursuant to Section 19(b)(2) is U.S. Department of State, SA–5, L/PD, 2010. of the Act, for approving the proposed Fifth Floor, Washington, DC 20522– rule change prior to the thirtieth day IV. Commission’s Findings and Order 0505. after the date of publication of notice of Granting Accelerated Approval of Dated: January 4, 2010. filing thereof in the Federal Register. Proposed Rule Change Maura M. Pally, The Commission finds that the V. Conclusion Deputy Assistant Secretary for Professional proposed rule change is consistent with It is therefore ordered, pursuant to and Cultural Exchanges, Bureau of the requirements of the Act and the Section 19(b)(2) of the Act,11 that the Educational and Cultural Affairs, Department of State. rules and regulations thereunder proposed rule change (SR–ISE–2009– applicable to a national securities 109) be, and hereby is, approved on an [FR Doc. 2010–358 Filed 1–11–10; 8:45 am] exchange.8 Specifically, the accelerated basis. BILLING CODE 4710–05–P Commission finds that the proposed For the Commission, by the Division of rule change is consistent with Section Trading and Markets, pursuant to delegated DEPARTMENT OF STATE 6(b)(4) 9 of the Act, which requires that authority.12 the rules of a national securities Florence E. Harmon, [Public Notice 6863] exchange provide for the equitable Deputy Secretary. allocation of reasonable dues, fees, and Culturally Significant Objects Imported [FR Doc. 2010–297 Filed 1–11–10; 8:45 am] other charges among members and for Exhibition: Determinations: issuers and other persons using its BILLING CODE 8011–01–P ‘‘Giovanni Boldini in Impressionist facilities. Paris’’ As described more fully above, ISE DEPARTMENT OF STATE SUMMARY: Notice is hereby given of the recently amended DECN’s fee schedule following determinations: Pursuant to for ISE Members pursuant to SR–ISE– [Public Notice 6864] the authority vested in me by the Act of 2009–108 (the ‘‘Member Fee Filing’’). October 19, 1965 (79 Stat. 985; 22 U.S.C. The fee changes made pursuant to the Culturally Significant Objects Imported 2459), Executive Order 12047 of March Member Fee Filing became operative on for Exhibition Determinations: ‘‘Roman 27, 1978, the Foreign Affairs Reform and January 1, 2010. DECN receives rebates Art’’ Restructuring Act of 1998 (112 Stat. and is charged fees for transactions it 2681, et seq.; 22 U.S.C. 6501 note, et executes on EGDX or EDGA in its SUMMARY: Notice is hereby given of the following determinations: Pursuant to seq.), Delegation of Authority No. 234 of capacity as an introducing broker for its October 1, 1999, Delegation of Authority non-ISE member subscribers. the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. No. 236 of October 19, 1999, as The current proposal, which will amended, and Delegation of Authority apply retroactively to January 1, 2010, 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be 8 In approving this proposal, the Commission has considered its impact on efficiency, competition, 10 Id. included in the exhibition ‘‘Giovanni and capital formation. 15 U.S.C. 78c(f). 11 15 U.S.C. 78s(b)(2). Boldini in Impressionist Paris,’’ 9 15 U.S.C. 78f(b)(4). 12 17 CFR 200.30–3(a)(12). imported from abroad for temporary

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exhibition within the United States, are 2010; written comments from members Innovative Technology Administration, of cultural significance. The objects are of the public for distribution at this 1200 New Jersey Avenue, SE., imported pursuant to loan agreements meeting must reach Mr. Wood by letter, Washington, DC 20590. Telephone with the foreign owners or custodians. e-mail, or fax by this same date. Number (202) 366–2125, Fax Number I also determine that the exhibition or Meeting agenda: The agenda of the (202) 493–2993 or E-mail display of the exhibit objects at The meeting will include a review of the [email protected]. Sterling and Francine Clark Art results of the October–November 2009 SUPPLEMENTARY INFORMATION: Institute, Williamstown, MA, from on or session of the UPU Council of about February 13, 2010, until on or Administration and other subjects Background about April 25, 2010, and at possible related to international postal and The Safe, Accountable, Flexible, additional exhibitions or venues yet to delivery services of interest to Advisory Efficient Transportation Equity Act: A be determined, is in the national Committee members and the public. Legacy for Users (SAFETEA–LU, Pub. L. interest. I have ordered that Public Date: February 11, 2010 from 2 p.m. 109–59, as amended by Pub. L. 110– Notice of these Determinations be to about 5 p.m. (open to the public). 244) requires the Research and published in the Federal Register. Location: The American Institute of Innovative Technology Administration FOR FURTHER INFORMATION CONTACT: For Architects (Boardroom), 1735 New York (RITA) of the U.S. Department of further information, including a list of Ave., NW., Washington, DC 20006. Transportation (U.S. DOT) to complete the exhibit objects, contact Julie For further information, please competitions for Regional UTCs by Simpson, Attorney-Adviser, Office of contact Christopher Wood, Office of March 31, 2010, and for Tier I UTCs by the Legal Adviser, U.S. Department of Technical Specialized Agencies (IO/GS), June 30, 2010. Because there is no State (telephone: 202–632–6467). The Bureau of International Organization surface transportation authorization mailing address is U.S. Department of Affairs, U.S. Department of State, at legislation or other authorizing vehicle State, SA–5, L/PD, Fifth Floor (Suite (202) 647–1044, [email protected]. yet in place to state the structure and 5H03), Washington, DC 20522–0505. Dated: December 22, 2009. funding of the UTC Program beyond Dated: January 4, 2010. Dennis M. Delehanty, Federal Fiscal Year 2009, and because of Maura M. Pally, Designated Federal Officer, Advisory the burden that would be placed on applicants to pursue a competition Deputy Assistant Secretary for Professional Committee on International Postal and and Cultural Exchanges, Bureau of Delivery Services. process that has a high likelihood of Educational and Cultural Affairs, Department Dennis M. Delehanty, being voided should a multi-year, of State. Foreign Affairs Officer, Department of State. surface transportation authorization [FR Doc. 2010–368 Filed 1–11–10; 8:45 am] [FR Doc. 2010–361 Filed 1–11–10; 8:45 am] substantially change the terms and BILLING CODE 4710–05–P BILLING CODE 4710–19–P conditions of the UTC Program and grants to be issued under that program, the Research and Innovative Technology DEPARTMENT OF STATE DEPARTMENT OF TRANSPORTATION Administration is suspending these competitions until such time as a multi- [Public Notice 6824] Research and Innovative Technology year surface transportation Advisory Committee International Administration authorization has been enacted. Postal and Delivery Services Issued in Washington, DC, on December University Transportation Centers 18, 2009. AGENCY: Department of State. (UTC) Program Grants (49 U.S.C. Peter H. Appel, ACTION: Notice; FACA Committee 5506); Suspension of Competitions Administrator. meeting announcement. AGENCY: Research and Innovative [FR Doc. 2010–366 Filed 1–11–10; 8:45 am] SUMMARY: As required by the Federal Technology Administration, DOT. BILLING CODE 4910–HY–P Advisory Committee Act, Public Law ACTION: Notice. 92–463, the Department of State gives DEPARTMENT OF TRANSPORTATION notice of the sixth meeting of the SUMMARY: The U.S. Department of Advisory Committee on International Transportation is providing notice that it intends to suspend competitions for National Highway Traffic Safety Postal and Delivery Services. This Administration Committee has been formed in its University Transportation Centers fulfillment of the provisions of the 2006 (UTC) Program grants (49 USC 5506) [Docket No. NHTSA–2009–0193; Notice 1] Postal Accountability and Enhancement pending the enactment of multi-year, Receipt of Petition for Decision That Act (Pub. L. 109–435) and in accordance surface transportation authorization Nonconforming 2001 and 2002 Ducati with the Federal Advisory Committee legislation that is necessary to define the MH900e Motorcycles are Eligible for Act. purpose, eligibility, number, and Importation Public input: Any member of the funding amounts of any future grants. public interested in providing public DATES: Dates for future UTC AGENCY: National Highway Traffic input to the meeting should contact Mr. competitions are not known at this time. Safety Administration, DOT. As more information is available about Chris Wood, whose contact information ACTION: Notice of receipt of petition for future grant competitions, it will be is listed under FOR FURTHER INFORMATION decision that nonconforming 2001 and posted on the UTC Program’s Web site, CONTACT section of this notice. Each 2002 Ducati MH900e motorcycles are http://utc.dot.gov. individual providing oral input is eligible for importation. requested to limit his or her comments FOR FURTHER INFORMATION CONTACT: Dr. to five minutes. Requests to be added to Curtis Tompkins, University SUMMARY: This document announces the speaker list must be received in Transportation Centers Program, Office receipt by the National Highway Traffic writing (letter, e-mail, or fax) prior to of Research, Development and Safety Administration (NHTSA) of a the close of business on February 4, Technology, RDT–30, Research and petition for a decision that 2001 and

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2002 Ducati MH900e motorcycles that Follow the online instructions for similar with respect to compliance with were not originally manufactured to accessing the dockets. The docket ID most FMVSS. comply with all applicable Federal number and title of this notice are US SPECS submitted information Motor Vehicle Safety Standards shown at the heading of this document with its petition intended to (FMVSS) are eligible for importation notice. Please note that even after the demonstrate that non-U.S. certified 2001 into the United States because they are comment closing date, we will continue and 2002 Ducati MH900e motorcycles, substantially similar to vehicles that to file relevant information in the as originally manufactured, conform to were originally manufactured for sale in Docket as it becomes available. Further, many FMVSS in the same manner as the United States and that were certified some people may submit late comments. their U.S.-certified counterparts, or are by their manufacturer as complying Accordingly, we recommend that you capable of being readily altered to with the safety standards, and they are periodically search the Docket for new conform to those standards. capable of being readily altered to material. Specifically, the petitioner claims that conform to the standards. FOR FURTHER INFORMATION CONTACT: non-U.S. certified 2001 and 2002 Ducati DATES: The closing date for comments Coleman Sachs, Office of Vehicle Safety MH900e motorcycles are identical to on the petition is February 11, 2010. Compliance, NHTSA (202–366–3151). their U.S.-certified counterparts with respect to compliance with Standard ADDRESSES: Comments should refer to SUPPLEMENTARY INFORMATION: Nos. 116 Brake Fluid, 119 New the docket and notice numbers above Background Pneumatic Tires for Vehicles Other and be submitted by any of the Than Passenger Cars, and 122 following methods: Under 49 U.S.C. 30141(a)(1)(A), a • motor vehicle that was not originally Motorcycle Brake Systems. Federal eRulemaking Portal: Go to The petitioner further contends that manufactured to conform to all http://www.regulations.gov. Follow the the vehicles are capable of being readily applicable FMVSS shall be refused online instructions for submitting altered to meet the following standards, comments. admission into the United States unless • in the manner indicated below: Mail: Docket Management Facility: NHTSA has decided that the motor Standard No. 106 Brake Hoses: U.S. Department of Transportation, 1200 vehicle is substantially similar to a Inspection of all vehicles, and New Jersey Avenue, SE., West Building motor vehicle originally manufactured replacement of noncompliant brake Ground Floor, Room W12–140, for importation into or sale in the hoses with U.S.-model hoses on Washington, DC 20590–0001. United States, certified under 49 U.S.C. • vehicles that are not already so Hand Delivery or Courier: West 30115, and of the same model year as equipped. Building Ground Floor, Room W12–140, the model of the motor vehicle to be Standard No. 108 Lamps, Reflective 1200 New Jersey Avenue, SE., between compared, and is capable of being Devices and Associated Equipment: 9 a.m. and 5 p.m. ET, Monday through readily altered to conform to all Installation of the following U.S.-model Friday, except Federal holidays. applicable FMVSS. • components on vehicles not already so Fax: 202–493–2251. Petitions for eligibility decisions may equipped: (a) Headlamp; (b) front and Instructions: Comments must be be submitted by either manufacturers or rear side-mounted reflex reflectors; (c) written in the English language, and be importers who have registered with rear-mounted reflex reflector; (d) turn no greater than 15 pages in length, NHTSA pursuant to 49 CFR Part 592. As signal lamps; and (e) taillamp. although there is no limit to the length specified in 49 CFR 593.7, NHTSA Standard No. 111 Rearview Mirrors: of necessary attachments to the publishes notice in the Federal Register Inspection of all vehicles, and comments. If comments are submitted of each petition that it receives, and replacement of noncompliant mirrors in hard copy form, please ensure that affords interested persons an with U.S.-model components on two copies are provided. If you wish to opportunity to comment on the petition. vehicles that are not already so receive confirmation that your At the close of the comment period, equipped. comments were received, please enclose NHTSA decides, on the basis of the Standard No. 120 Tire Selection and a stamped, self-addressed postcard with petition and any comments that it has Rims for Vehicles Other Than Passenger the comments. Note that all comments received, whether the vehicle is eligible Cars: Installation of a tire information received will be posted without change for importation. The agency then placard. to http://www.regulations.gov, including publishes this decision in the Federal Standard No. 123 Motorcycle Controls any personal information provided. Register. and Displays: Installation of a U.S.- Please see the Privacy Act heading US SPECS, LLC (‘‘US SPECS’’), of model speedometer, or modification of below. Havre de Grace, Maryland (Registered the existing speedometer to conform to Privacy Act: Anyone is able to search Importer 03–321) has petitioned NHTSA the requirements of the standard. the electronic form of all comments to decide whether non-U.S. certified Standard No. 205 Glazing Materials: received into any of our dockets by the 2001 and 2002 Ducati MH900e Inspection of all vehicles, and removal name of the individual submitting the motorcycles are eligible for importation of noncompliant glazing or replacement comment (or signing the comment, if into the United States. The vehicles that of the glazing with U.S.-model glazing submitted on behalf of an association, US SPECS believes are substantially on vehicles that are not already so business, labor union, etc.). You may similar are 2001 and 2002 Ducati equipped. review DOT’s complete Privacy Act MH900e motorcycles that were All comments received before the Statement in the Federal Register manufactured for sale in the United close of business on the closing date published on April 11, 2000, (65 FR States and certified by their indicated above will be considered, and 19477–78). manufacturer as conforming to all will be available for examination in the How to Read Comments submitted to applicable FMVSS. docket at the above addresses both the Docket: You may read the comments The petitioner claims that it carefully before and after that date. To the extent received by Docket Management at the compared non-U.S.-certified 2001 and possible, comments filed after the address and times given above. You may 2002 Ducati MH900e motorcycles to closing date will also be considered. also view the documents from the their U.S.-certified counterparts, and Notice of final action on the petition Internet at http://www.regulations.gov. found the vehicles to be substantially will be published in the Federal

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Register pursuant to the authority Service solicits comments concerning Dated: November 27, 2009. indicated below. the form ‘‘Assignment Form.’’ David Rebich, Authority: 49 U.S.C. 30141(a)(1)(A) and DATES: Written comments should be Assistant Commissioner Management. (b)(1); 49 CFR 593.8; delegations of authority received on or before March 15, 2010. [FR Doc. 2010–262 Filed 1–11–10; 8:45 am] at 49 CFR 1.50 and 501.8. ADDRESSES: Direct all written comments BILLING CODE 4810–35–M Issued on: January 7, 2010. to Financial Management Service, Claude H. Harris, Records and Information Management DEPARTMENT OF THE TREASURY Director, Office of Vehicle Safety Compliance. Branch, Room 135, 3700 East West [FR Doc. 2010–331 Filed 1–11–10; 8:45 am] Highway, Hyattsville, Maryland 20782. Fiscal Service BILLING CODE 4910–59–P FOR FURTHER INFORMATION CONTACT: Requests for additional information or Application and Renewal Fees copies of the form(s) and instructions Imposed on Surety Companies and DEPARTMENT OF TRANSPORTATION should be directed to Kevin McIntyre, Reinsuring Companies; Increase in Manager, Judgment Fund Branch, 3700 Fees Imposed Surface Transportation Board East West Highway, Room 6E15, AGENCY: Hyattsville, MD 20782, (202) 874–6664. Financial Management Service, Release of Waybill Data Fiscal Service, Department of the SUPPLEMENTARY INFORMATION: Pursuant Treasury. The Surface Transportation Board has to the Paperwork Reduction Act of 1995, ACTION: Application and renewal fees received a request from Mayer Brown (44 U.S.C. 3506(c)(2)(A)), the Financial imposed on surety companies and LLP as outside counsel for BNSF Management Service solicits comments reinsuring companies; Increase in fees Railway Company (WB461–16—11/13/ on the collection of information imposed. 09) for permission to use certain data described below: from the Board’s 1999 through 2008 Title: Assignment Form. SUMMARY: Effective December 31, 2009, Carload Waybill Samples. A copy of this OMB Number: 1510–0035. The Department of the Treasury, request may be obtained from the Office Form Number: None. Financial Management Service, is of Economics, Environmental Analysis, Abstract: This form is used when an increasing the fees it imposes on and and Administration. awardholder wants to assign or transfer collects from surety companies and The waybill sample contains all or part of his/her award to another reinsuring companies. confidential railroad and shipper data; person. When this occurs, the FOR FURTHER INFORMATION CONTACT: therefore, if any parties object to these awardholder forfeits all future rights to Surety Bond Branch at (202) 874–6850. requests, they should file their the portion assigned. objections with the Director of the SUPPLEMENTARY INFORMATION: The fees Current Actions: Extension of imposed and collected, as referred to in Board’s Office of Economics, currently approved collection. Environmental Analysis, and 31 CFR 223.22, cover the costs incurred Type of Review: Regular. by the Government for services Administration within 14 calendar days Affected Public: Individuals or of the date of this notice. The rules for performed relative to qualifying households. corporate sureties to write Federal release of waybill data are codified at 49 Estimated Number of Respondents: CFR 1244.9. business. These fees are determined in 150. accordance with the Office of Contact: Scott Decker, (202) 245– Estimated Time per Respondent: 30 0330. Management and Budget Circular A–25, minutes. as amended. The change in fees is the Jeffrey Herzig, Estimated Total Annual Burden result of a thorough analysis of costs Clearance Clerk. Hours: 75. associated with the Surety Bond Branch. [FR Doc. 2010–307 Filed 1–11–10; 8:45 am] Comments: Comments submitted in The new fee rate schedule is as response to this notice will be BILLING CODE 4915–01–P follows: summarized and/or included in the (1) Examination of a company’s request for Office of Management and application for a Certificate of Authority Budget approval. All comments will as an acceptable surety or as an DEPARTMENT OF THE TREASURY become a matter of public record. acceptable reinsuring company on Comments are invited on: (a) Whether Federal bonds—$8,850. Fiscal Service the collection of information is (2) Determination of a company’s Financial Management Service; necessary for the proper performance of continued qualification for annual Proposed Collection of Information: the functions of the agency, including renewal of its Certificate of Authority— Assignment Form whether the information shall have $5,200. practical utility; (b) the accuracy of the (3) Examination of a company’s AGENCY: Financial Management Service, agency’s estimate of the burden of the application for recognition as an Fiscal Service, Treasury. collection of information; (c) ways to Admitted Reinsurer (except on excess ACTION: Notice and request for enhance the quality, utility, and clarity risks running to the United States)— comments. of the information to be collected; (d) $3,125. ways to minimize the burden of the (4) Determination of a company’s SUMMARY: The Financial Management collection of information on continued qualification for annual Service, as part of its continuing effort respondents, including through the use renewal of its authority as an Admitted to reduce paperwork and respondent of automated collection techniques or Reinsurer—$2,220. burden, invites the general public and other forms of information technology; Questions concerning this notice other Federal agencies to take this and (e) estimates of capital or start-up should be directed to the Surety Bond opportunity to comment on a costs and costs of operation, Branch, Financial Accounting and continuing information collection. By maintenance and purchase of services to Services Division, Financial this notice, the Financial Management provide information. Management Service, Department of the

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Treasury, 3700 East West Highway, Franklin Court Building, 1099 14th Subject: Review candidate designs for Room 6F01, Hyattsville, MD 20782, Street, NW., Washington, DC 20005. the 2011 America the Beautiful Quarters Telephone (202) 874–6850. The agenda will consist of the review candidate designs for Gettysburg Dated: December 22, 2009. and evaluation of the acceptability of National Military Park, Glacier National David Rebich, fair market value appraisals of works of Park, Olympic National Park, Vicksburg art involved in Federal income, estate, Assistant Commissioner for Management National Military Park, and Chickasaw (CFO), Financial Management Service. or gift tax returns. This will involve the National Recreation Area. discussion of material in individual tax [FR Doc. 2010–256 Filed 1–11–10; 8:45 am] Interested persons should call 202– returns made confidential by the 354–7502 for the latest update on BILLING CODE 4810–35–M provisions of 26 U.S.C. 6103. meeting time and room location. A determination as required by In accordance with 31 U.S.C. 5135, DEPARTMENT OF THE TREASURY section 10(d) of the Federal Advisory the CCAC: Committee Act has been made that this • Advises the Secretary of the Internal Revenue Service meeting is concerned with matters listed Treasury on any theme or design in section 552b(c)(3), (4), (6), and (7), proposals relating to circulating coinage, Art Advisory Panel—Notice of Closed and that the meeting will not be open bullion coinage, Congressional Gold Meeting to the public. Medals, and national and other medals. • AGENCY: Internal Revenue Service, Diane S. Ryan, Advises the Secretary of the Treasury. Chief, Appeals. Treasury with regard to the events, persons, or places to be commemorated ACTION: Notice of Closed Meeting of Art [FR Doc. 2010–317 Filed 1–11–10; 8:45 am] Advisory Panel. by the issuance of commemorative coins BILLING CODE 4830–01–P in each of the five calendar years SUMMARY: Closed meeting of the Art succeeding the year in which a Advisory Panel will be held in DEPARTMENT OF THE TREASURY commemorative coin designation is Washington, DC. made. DATES: The meeting will be held United States Mint • Makes recommendations with February 10, 2010. respect to the mintage level for any ADDRESSES: The closed meeting of the Notification of Citizens Coinage commemorative coin recommended. Art Advisory Panel will be held on Advisory Committee January 2010 FOR FURTHER INFORMATION CONTACT: Cliff February 10, 2010, in Room 4112 Public Meeting Northup, United States Mint Liaison to beginning at 9:30 a.m., Franklin Court the CCAC; 801 9th Street, NW.; ACTION: Notification of Citizens Coinage Building, 1099 14th Street, NW., Washington, DC 20220; or call 202–354– Advisory Committee January 2010 Washington, DC 20005. 7200. Public Meeting. FOR FURTHER INFORMATION CONTACT: Any member of the public interested Joseph E. Bothwell, C:AP:P&V:ART, SUMMARY: Pursuant to United States in submitting matters for the CCAC’s 1099 14th Street, NW., Washington, DC Code, Title 31, section 5135(b)(8)(C), the consideration is invited to submit them 20005. Telephone (202) 435–5611 (not a United States Mint announces the by fax to the following number: 202– toll free number). Citizens Coinage Advisory Committee 756–6830. SUPPLEMENTARY INFORMATION: (CCAC) public meeting scheduled for Authority: 31 U.S.C. 5135(b)(8)(C). Notice is hereby given pursuant to January 26, 2010. Dated: January 7, 2010. section 10(a)(2) of the Federal Advisory Date: January 26, 2010. Committee Act, 5 U.S.C. App., that a Time: 9 a.m. Edmund C. Moy, closed meeting of the Art Advisory Location: Conference Room 5 North, Director, United States Mint. Panel will be held on February 10, 2010, United States Mint, 801 9th Street, NW., [FR Doc. 2010–375 Filed 1–11–10; 8:45 am] in Room 4112 beginning at 9:30 a.m., Washington, DC 20220. BILLING CODE 4810–37–P

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Part II

Department of Housing and Urban Development 24 CFR Part 257 HOPE for Homeowners Program; Statutory Transfer of Program Authority to HUD and Conforming Amendments To Adopt Recently Enacted Statutory Changes; Final Rule

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DEPARTMENT OF HOUSING AND Communications must refer to the above speech impairments may access this URBAN DEVELOPMENT docket number and title. There are two number through TTY by calling the toll- methods for submitting public free Federal Information Relay Service 24 CFR Part 257 comments. All submissions must refer at 800–877–8339. [Docket No. FR–5340–I–02] to the above docket number and title. SUPPLEMENTARY INFORMATION: 1. Submission of Comments by Mail. RIN 2502–AI76 Comments may be submitted by mail to I. Background the Regulations Division, Office of A. The HOPE for Homeowners Program HOPE for Homeowners Program; General Counsel, Department of Statutory Transfer of Program The HOPE for Homeowners Act of Housing and Urban Development, 451 2008 (Title IV of Division A of the Authority to HUD and Conforming 7th Street, SW., Room 10276, Amendments To Adopt Recently Housing and Economic Recovery Act of Washington, DC 20410–0500. 2008) (HERA) (Pub. L. 110–289, 122 Enacted Statutory Changes 2. Electronic Submission of Stat. 2654, approved July 30, 2008) Comments. Interested persons may AGENCY: Office of the Assistant amended Title II of the National submit comments electronically through Secretary for Housing-Federal Housing Housing Act (NHA) to add a new the Federal eRulemaking Portal at Commissioner, HUD. section 257. Section 257 (12 U.S.C. http://www.regulations.gov. HUD ACTION: Interim rule. 1701z–23) establishes the H4H program, strongly encourages commenters to a temporary program within HUD’s submit comments electronically. SUMMARY: This rule implements the Federal Housing Administration (FHA) Electronic submission of comments changes made to the HOPE for that offers homeowners and mortgage allows the commenter maximum time to Homeowners (H4H) program by the loan holders (or servicers acting on their prepare and submit a comment, ensures recently enacted Helping Families Save behalf) insurance on the refinancing of timely receipt by HUD, and enables Their Homes Act of 2009. Prior to loans for distressed mortgagors to HUD to make them immediately enactment of the Helping Families Save support long-term sustainable available to the public. Comments Their Homes Act of 2009, rulemaking homeownership and avoid foreclosure. submitted electronically through the authority was under the Board of Section 257 authorizes FHA to insure http://www.regulations.gov Web site can Directors of the HOPE for Homeowners such refinanced eligible mortgages be viewed by other commenters and Program (Board), and the regulations for commencing no earlier than October 1, interested members of the public. the program are codified in a chapter of 2008, and the authority to insure new Commenters should follow the the Code of Federal Regulations (CFR) mortgages expires September 30, 2011. reserved for the Board. instructions provided on that site to The fundamental principle behind the The H4H program is a temporary submit comments electronically. H4H program is that providing new program that offers homeowners and Note: To receive consideration as public equity and reducing monthly payments existing mortgage loan holders (or comments, comments must be submitted for distressed homeowners may be an servicers acting on their behalf) through one of the two methods specified effective way to help homeowners avoid insurance on the refinancing of loans for above. Again, all submissions must refer to the docket number and title of the rule. foreclosure. Under the H4H program, distressed mortgagors to support long- refinanced mortgages are offered by term sustainable homeownership, No Facsimile Comments. Facsimile FHA-approved mortgagees to eligible including, among other things, allowing (FAX) comments are not acceptable. borrowers who are at risk of losing their homeowners to avoid foreclosure. The Public Inspection of Public homes to foreclosure. The refinanced statute also transfers program Comments. All properly submitted mortgage insured by FHA can have a responsibility for the H4H program to comments and communications principal loan balance below the current the Secretary of HUD. Previously, the submitted to HUD will be available for appraised value of the home, creating program was overseen by a Board public inspection and copying between new equity in the mortgaged property. consisting of HUD, the Department of 8 a.m. and 5 p.m. weekdays at the above Participating mortgagors share their new the Treasury, the Federal Deposit address. Due to security measures at the equity and future appreciation of the Insurance Corporation, and the Federal HUD Headquarters building, an advance value of the property subject to the Reserve Board. The Board will continue appointment to review the public refinanced mortgage with FHA. All in an advisory capacity to the Secretary comments must be scheduled by calling holders of outstanding mortgage liens of HUD on the implementation of the the Regulations Division at 202–708– on a property must agree to accept the program. 3055 (this is not a toll-free number). proceeds of the H4H program mortgage HUD also takes the opportunity Individuals with speech or hearing as payment in full of all indebtedness afforded by this rule to address the two impairments may access this number under the existing mortgage(s). public comments received on the through TTY by calling the toll-free Participation in the H4H program is January 7, 2009, interim rule issued by Federal Information Relay Service at voluntary. No mortgagees, servicers, or the Board. Comments received in 800–877–8339. Copies of all comments investors are compelled to participate. response to this rule will be taken into submitted are available for inspection Under section 257, as originally consideration in the development of a and downloading at http:// established by HERA, the H4H program final rule, to follow this interim rule. www.regulations.gov. was administered by a Board of DATES: Effective Date: March 15, 2010. FOR FURTHER INFORMATION CONTACT: Directors (Board) comprised of the Comment Due Date: March 15, 2010. Margaret Burns, Director, Office of Secretary of HUD, the Secretary of the ADDRESSES: Interested persons are Single Family Program Development, Treasury, the Chairman of the Board of invited to submit comments regarding Office of Housing, Department of Governors of the Federal Reserve this rule to the Regulations Division, Housing and Urban Development, 451 System (Federal Reserve Board), and the Office of General Counsel, Department 7th Street, SW., Room 9278, Chairperson of the Board of Directors of of Housing and Urban Development, Washington, DC 20410–8000; telephone the Federal Deposit Insurance 451 7th Street, SW., Room 10276, number 202–708–2121 (this is not a toll- Corporation (or their designees). On Washington, DC 20410–0500. free number). Persons with hearing or October 6, 2008, at 73 FR 58418, the

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Board published regulations in the Section IV of the preamble discusses the the simplified DTI calculation Federal Register that established the issues and suggestions submitted by the provisions in new § 257.106(a). core requirements for implementation of two public commenters on the January In accordance with the Helping the H4H program. These regulations are 7, 2009, interim rule and HUD’s Families Act, the interim rule prohibits codified in part 4001 of title 24 of the responses to these comments. mortgagors with a net worth that CFR. exceeds $1 million from participation in Key Changes Made to the H4H Program the H4H program (§ 257.106(d)). For B. The Board’s January 7, 2009, Interim by the Helping Families Act purposes of the statutory ban on Rule 1. Transfer of H4H program millionaires, the interim rule defines net Section 124 of the Emergency responsibility to HUD. As noted, the worth as the total dollar amount of all Economic Stabilization Act of 2008 Helping Families Act transfers the liabilities subtracted from the total (Pub. L. 110–343, 122 Stat. 3765, responsibility for the H4H program from dollar amount of all the assets (other approved October 3, 2008) (EESA) the Board to HUD. This interim rule than retirement accounts) of the amended section 257 of the NHA to implements this statutory mandate by mortgagor. provide additional flexibility and transferring the H4H program 4. Underwriting requirements options to lenders participating in the regulations to a new part 257 of HUD’s (§ 257.110). The interim rule provides H4H program. Among other things, regulations in title 24 of the CFR. With additional flexibility regarding the loan- section 124 of EESA authorizes upfront the exception of the regulatory to-value (LTV) thresholds and the payments to a holder of an existing amendments discussed below in this allowable total monthly payments under subordinate mortgage in lieu of preamble, the substance of new part 257 the H4H program mortgage. HUD providing the subordinate lien holder is nearly identical to that of 24 CFR part believes this flexibility will facilitate with a portion of HUD’s 50 percent 4001, which will be removed from the participation in the H4H program. interest in the future appreciation of the CFR in a future rulemaking. Where The H4H program regulations, prior to value of the property. On January 7, appropriate, the interim rule revises the amendment by the Helping Families 2009, at 74 FR 617, the Board published H4H program regulations to replace Act, defined that the initial principal an interim rule to implement the references to the Board with references balance of the H4H program mortgage as changes made by EESA, and provided to HUD. Because the Board continues to a percentage of the current appraised the public with a 60-day period to serve in an advisory capacity to the value of the property may not exceed comment on the regulatory Secretary of HUD on the administration 96.5 percent. The interim rule will no amendments. The public comment of the H4H program, the interim rule longer codify a regulatory cap on LTV. period closed on March 9, 2009. does not remove 24 CFR part 4000, HUD has determined that any such cap which establishes the Board’s is more appropriately established C. The Helping Families Save Their procedures governing access to records through Mortgagee Letter, given the Homes Act of 2009 under the Freedom of Information Act temporary nature of the program and the On May 20, 2009, the President (5 U.S.C. 552). The procedures urgency of the situations the program is signed into law the Helping Families contained in part 4000 remain intended to address. Removal of the Save Their Homes Act of 2009 (Division applicable to the Board’s ongoing codified LTV cap will allow HUD to A of Pub. L. 111–22, 123 Stat. 1632) advisory responsibilities. more rapidly modify the H4H program (Helping Families Act). Section 202 of 2. Inheritance exception to present in response to evolving housing market the Helping Families Act makes several ownership interest requirement conditions. For these reasons, HUD’s amendments to section 257 of the NHA (§ 257.104). Section 257(e)(11) of the position is that removal from the to enhance operation of the H4H NHA requires that the residence covered codified regulations is the right program and to provide additional by the H4H program mortgage be the approach; however, HUD specifically flexibility to participants. In addition, only residence in which the mortgagor invites comment on removal of the LTV the Helping Families Act transfers has a present ownership interest. The cap from the codified regulations. responsibility, including rulemaking Helping Families Act amended this The rule continues to provide that the authority, for the H4H program from the provision to allow the Secretary of HUD mortgagor’s total monthly mortgage Board to the Secretary of HUD. The to establish an exception for a mortgagor payment under a H4H program Board will continue in an advisory who has inherited property. The interim mortgage with an LTV greater than 90 capacity to the Secretary of HUD on the rule implements this statutory flexibility percent, excluding the upfront implementation of the H4H program. by providing for such an exception. premium, may not exceed 31 percent of 3. Eligible mortgagors (§ 257.106). the mortgagor’s monthly gross income. II. This Interim Rule Prior to amendment by the Helping Moreover, as required under the current This interim rule implements the Families Act, section 257 of NHA based regulations, the sum of the total changes made to the H4H program by the calculation of a borrower’s debt-to- monthly mortgage payment under such the Helping Families Act. The statutory income (DTI) ratio on a March 1, 2008 a H4H program mortgage and all revisions to the H4H program made by date. Specifically, the borrower’s DTI monthly recurring expenses of the the Helping Families Act, in several could be calculated as of March 1, 2008, mortgagor may not exceed 43 percent of instances, have superseded the or as of a later date, due to mortgage the mortgagor’s monthly gross income. regulatory amendments made by the resets occurring after that date, but (See § 257.110(a)(2).) January 7, 2009, interim rule. under the mortgage terms in effect on 5. Mortgagor representations Nonetheless, HUD takes the opportunity March 1, 2008. The Helping Families (§§ 257.112 and 257.116). The Helping afforded by today’s publication to also Act streamlines this calculation by Families Act revises the existing address the two public comments removing all references to March 1, required mortgagor representations. received on the January 7, 2009, interim 2008, and instead requiring that DTI be Specifically, the mortgagor is now rule issued by the Board. calculated based on the borrower’s required to provide a certification to the This section of the preamble discusses existing mortgages at the time of Secretary of HUD that the mortgagor has the regulatory amendments made in application for the H4H program not: (1) Intentionally defaulted on an response to the Helping Families Act. mortgage. The interim rule implements existing mortgage or other substantial

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debt during the 5-year period ending the interim rule provides that, upon sale upfront and annual mortgage insurance upon insurance of the H4H program or disposition of the property, FHA may premiums for H4H program mortgages. mortgage, (2) knowingly, willfully, and be entitled to receive the lesser of up to Prior to amendment by the Helping with actual knowledge furnished 50 percent of the appreciation in value, Families Act, section 257 of the NHA material information known to be false or an amount equal to the appraised specified an upfront premium of 3 for purposes of obtaining the H4H value of the property at the time when percent of the amount of the original program mortgage; or (3) been convicted the existing senior mortgage was insured principal obligation of the H4H under federal or state law for fraud originated. program mortgage, and an annual during the 10-year period ending upon The interim rule removes the current premium of 1.5 percent of the remaining the insurance of the H4H program Appendix to the H4H program insured principal balance. The Helping mortgage. The interim rule implements regulations and will no longer codify Families Act amended section 257 to this requirement at § 257.116(b)(1). For the specific amounts of the upfront provide for an upfront premium of ‘‘not purposes of the required certification, payment and the risk-adjusted future more than’’ 3 percent, and an annual the interim rule defines substantial debt appreciation payment. Regulatory premium of ‘‘not more than’’ 1.5 percent. to mean any individual liability of the codification of the specific amounts has The interim rule reflects these statutory mortgagor that exceeds $100,000. the potential to delay needed changes at § 257.203(a)(1) and (a)(2). The Helping Families Act also adjustments. Accordingly, HUD has 9. Streamlined property preservation requires that the mortgagee make a determined that these amounts are more exception to subordinate lien good-faith effort to determine that the appropriately set forth through a restrictions (§ 257.303). The interim rule mortgagor has not been convicted under Mortgagee Letter, which will allow the streamlines eligibility for the property federal or state law for fraud during the Department to more expeditiously preservation exception to the restriction 10-year period ending upon insurance update the amounts in response to the on subordinate liens. Section 257 of the H4H program mortgage. The availability of new economic data and prohibits the mortgagor from granting a interim rule implements this provision feedback from H4H program new second lien on the property during at § 257.112(b) by requiring that the participants. the first 5 years of the H4H program mortgagor provide the mortgagee with a As noted above, section 124 of EESA mortgage, except as the Secretary of certification that the mortgagor has not authorizes upfront payments to a holder HUD determines necessary to ensure the been convicted of fraud during the of an existing subordinate mortgage in maintenance of property standards. The previous 10-year period and requiring lieu of providing the subordinate lien current H4H program regulations that the mortgagee take such other holder a portion of HUD’s 50 percent establish seven factors that must be met action as HUD may specify in interest in the future appreciation of the in order to qualify for the property administrative guidance. For purposes value of the property. HUD has preservation exception. This interim of reducing required paperwork and implemented this authority through rule simplifies the determination of facilitating H4H program oversight, the rulemaking. This interim rule clarifies whether a subordinate lien qualifies for interim rule allows this certification to the regulatory language to provide that the exception by removing the seventh be combined with the mortgagor the offer of an upfront payment is at factor, regarding the sum of the unpaid certification to the Secretary of HUD, HUD’s discretion. HUD notes that, at principal balance and accrued and discussed above and required under least initially, FHA will be exercising unpaid interest on the H4H program § 257.116(b)(1). the authority to offer upfront payments mortgage and the original principal 6. Appreciation sharing and upfront in lieu of any shared appreciation. balance of the new mortgage debt. payments (§ 257.120). This interim rule 7. Payment of allowable fees and Further, the interim rule clarifies that makes the following changes to the closing costs no longer codified in the restriction on subordinate liens does appreciation sharing and upfront regulation. New part 257 will no longer not apply to FHA loss mitigation actions payment provisions in order to codify the sources that may be used to (e.g., mortgage modifications and partial implement the Helping Families Act, as pay allowable closing costs incurred in claims). well as to provide additional flexibility connection with the refinancing and and thereby facilitate increased insurance of a mortgage under the H4H III. Discussion of the Public Comments participation in the H4H program. program. Similar to removal of the LTV on the January 7, 2009, Interim Rule First, the interim rule removes the cap in codified regulation, removal of Two public comments were submitted consideration of capital improvement allowable closing costs allows HUD to on the January 7, 2009, interim rule; one expenditures from the calculation of more quickly respond to changing by a national organization representing appreciation in value. Further, the conditions, such as new costs that may mortgage bankers, and the other interim rule no longer requires that a appear, and make a determination of representing state and federal credit subordinate mortgage must have been whether they should be considered unions. Both commenters were originated on or before January 1, 2008, allowable costs. This is the type of item generally supportive of the regulatory in order for the person or entity holding that is better addressed in more specific amendments promulgated in the interim the subordinate mortgage to be eligible guidance, such as through a mortgagee rule, but also offered suggestions they for a portion of FHA’s interest in the letter. Although HUD’s position is that believed would further enhance the appreciation in the value of the removal from the codified regulations is H4H program. As noted earlier in this property. the best approach, HUD specifically preamble, the statutory amendments The interim rule implements the solicits comments on the exclusion in made by the Helping Families Act have, limitation on the amount of the codified regulations of sources that in several instances, superseded appreciation to which FHA is entitled. may be used to pay allowable closing provisions in the January 7, 2009, The Helping Families Act amends costs. regulatory changes. Nevertheless, HUD section 257 of the NHA to limit the FHA 8. Revised upfront and annual appreciates the support expressed by appreciation interest to 50 percent of the mortgage insurance premiums the commenters and the suggestions for appraised value of the property at the (§ 257.203). The interim rule program improvements that were time the H4H program mortgage was implements the flexibility provided by offered. The issues and suggestions originated. Accordingly, § 257.120(b) of the Helping Families Act regarding submitted by the two public

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commenters and HUD’s responses to borrowers are accustomed to spending a regulations, if the borrower has not these comments are as follows. higher percentage of their gross income made such payment, the loan will not Comment: The process for becoming on housing. be eligible for payment of a claim under an FHA-approved lender is too Response: As noted above, this the H4H program. The commenter burdensome. One of the commenters interim rule revises the provisions stated that this requirement is stated that the process for qualifying as regarding allowable LTV ratios to inconsistent with the standard an FHA-approved lender is very provide additional flexibility and endorsement rule for FHA loans that burdensome. The commenter expressed address concerns, such as those allows loans that are endorsed late to interest in working with FHA to discuss expressed by the commenter regarding receive insurance benefits if such loans how the process may be streamlined. high-cost areas. Specifically, the interim are current or brought current. The Response: The January 7, 2009, rule no longer codifies a cap on LTV, commenter wrote that while section 257 interim rule did not address the FHA since HUD has determined that any of the NHA provides that insurance lender approval process or solicit such cap is more appropriately benefits will not be paid if there is a comment on this process, and therefore established through Mortgagee Letter. ‘‘first payment default,’’ FHA has the the comment is outside the scope of the Establishment of LTV limits through authority to interpret the term to mean January 7, 2009, interim final rule, Mortgagee Letter will allow HUD to ‘‘a borrower who does not make the first which pertains solely to the H4H more rapidly modify the H4H program payment or subsequent payments on the program regulations. Nevertheless, HUD in response to evolving housing market loan.’’ The commenter wrote that appreciates the feedback on the FHA- conditions. The rule continues to adopting the interpretation suggested by approved lender process. HUD is provide that the mortgagor’s total the commenter, in combination with the frequently reviewing its processes for monthly mortgage payment under a retention of the current FHA the purpose of determining that the H4H program mortgage with an LTV endorsement policy, will limit the processes achieve their goal without greater than 90 percent, excluding the exposure of servicers to those cases being unduly burdensome. upfront premium, may not exceed 31 where the borrower fails to make the Comment: The upfront and future percent of the mortgagor’s monthly first and subsequent payments on a late appreciation payments percentages are gross income. Moreover, as required endorsement. too low. One of the commenters stated under the current regulations, the sum Response: The H4H program that the amounts of the risk-adjusted of the total monthly mortgage payment regulations provide endorsement upfront payment and the risk-adjusted under such a H4H program mortgage procedures that protect lenders from future appreciation payment provided and all monthly recurring expenses of exposure and promote confidence in the for by the January 7, 2009, interim rule the mortgagor may not exceed 43 insurance being provided. The change will discourage participation in the H4H percent of the mortgagor’s monthly suggested by the commenter would program, and position FHA to only gross income. (See § 257.110(a)(2).) actually increase a lender’s exposure receive loans where foreclosure is Comment: Fully vetted legal should the borrower not make the first imminent. The commenter stated that documents should be provided for payment since HUD is prohibited from both payments should be significantly shared appreciation and shared equity paying a claim under such higher to encourage subordinate lien mortgage documents. One of the circumstances. To ensure that the holder participation. commenters suggested that a servicer lenders comply with the first payment Response: As noted above in this should not be liable for ensuring that default provision established in the law, preamble, new 24 CFR part 257 no the legal documents for the shared this interim rule continues to require longer codifies the specific amounts of equity and appreciation mortgages are the lender to include in the file the upfront payment and the risk- valid and enforceable in all states. The evidence that the borrower has made the adjusted future appreciation payment. commenter suggested that appropriately first payment within 120 days of loan As discussed, HUD has determined that vetted legal documents necessary for closing. these amounts are more appropriately executing both types of subordinate set forth through Mortgagee Letter, loans should be provided by FHA. The IV. Justification for Interim Rulemaking which will allow the Department to commenter stated that the burden of HUD generally publishes regulatory more expeditiously adjust the specific performing the necessary legal review, changes for public comment before amounts to reflect changes in market and the associated costs and risks of issuing them for effect, in accordance conditions and facilitate the litigation should the mortgages be found with its own regulations on rulemaking participation of subordinate lien holders deficient, have deterred servicers from in 24 CFR part 10. Part 10, however, in the H4H program. participating in the H4H program. does provide in § 10.1 for exceptions Comment: Additional flexibility is Response: Lenders should modify the from that general rule where the necessary regarding allowable LTV and documents as may be necessary for Department finds good cause to omit DTI ratios. One of the commenters compliance with state law. However, advance notice and public participation. suggested that the allowable LTV ratio well-established document preparation The good cause requirement is satisfied of 96.5 percent not be limited to those services have modified, or are in the when the prior public procedure is mortgagors whose new total monthly process of offering, state-compliant ‘‘impracticable, unnecessary, or contrary payment under the H4H program does model security instruments for the H4H to the public interest.’’ For the following not exceed 31 percent of the mortgagor’s program. FHA-approved lenders have reasons, the Department finds that a monthly gross income. Further, the long used these services. delay in the effectiveness of this interim commenter suggested that servicers Comment: Endorsement time frame is rule, in order to solicit prior public should be allowed to consider not consistent with standard comment, would be contrary to the compensating factors as a basis for endorsement procedures. One of the public interest and statutory direction. exceeding the current maximum DTI. commenters objected to the requirement As noted above in this preamble, H4H The commenter stated that these that the lender include in the file is a temporary program. Section 257(r) changes would make the H4H program evidence that the borrower has made the of the NHA provides that the Secretary more accessible to mortgagors in high- first payment within 120 days of of HUD may not enter into any new cost areas, such as California, where closing. Under the H4H program commitment to insure an H4H program

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mortgage after September 30, 2011. V. Findings and Certifications number of 137,500 (or approximately 90,000 annually) should be viewed as a Further, the H4H program was enacted Executive Order 12866, Regulatory maximum. to help the federal government address Planning and Review the national housing crisis. As noted by Regulatory Flexibility Act Congress, the goal of the H4H program The Office of Management and Budget is, in part, ‘‘to help stabilize and provide (OMB) reviewed this rule under The Regulatory Flexibility Act (RFA) Executive Order 12866 (entitled, (5 U.S.C. 601 et seq.) generally requires confidence in mortgage markets by ‘‘Regulatory Planning and Review’’). an agency to conduct a regulatory bringing transparency to the value of This rule was determined to be flexibility analysis of any rule subject to ’’ assets based on mortgage assets (section economically significant under notice and comment rulemaking 257(b)(3)). The changes made by the Executive Order 12866. The docket file requirements, unless the agency certifies Helping Families Act were designed to is available for public inspection that the rule will not have a significant provide additional needed flexibility between the hours of 8 a.m. and 5 p.m. economic impact on a substantial and address programmatic deficiencies weekdays in the Regulations Division, number of small entities. This interim identified by lenders, HUD, and Office of General Counsel, Department rule does not impose new regulatory Congress. The pressing need to address of Housing and Urban Development, burdens on homeowners and lenders the housing crisis and the temporary 451 Seventh Street, SW., Room 10276, participating in the H4H program. The nature of the H4H program demonstrate Washington, DC 20410–0500. Due to regulatory amendments made by this it was the intent of Congress that the security measures at the HUD interim rule closely adhere to the benefits of the H4H program be made Headquarters building, please schedule statutory language of the Helping promptly available to the public. A an appointment to review the docket file Families Act. Accordingly, the majority delay of the effectiveness of this rule for by calling the Regulations Division at of the amendments are largely the prior solicitation of public comment 202–708–3055 (this is not a toll-free conforming in nature, updating the would be contrary to the public interest, number). Persons with hearing or current H4H program regulations to by postponing the benefits that Congress speech impairments may access the reflect the language of the Helping sought to be made immediately above telephone number via TTY by Families Act, and do not reflect the available to homeowners and lenders. calling the toll-free Federal Information exercise of agency discretion to Relay Service at 800–877–8339. establish policy. Moreover, all of the The majority of the regulatory The Economic Analysis prepared for regulatory changes—those mandated by amendments made by this interim rule this rule is also available for public the Helping Families Act and those closely track the statutory language of inspection and on HUD’s Web site at where HUD is exercising policy the Helping Families Act. The http://www.hud.gov. A summary of the discretion—revise existing program amendments are largely conforming in findings contained in the Economic requirements to provide lenders and nature, updating the current H4H Analysis follows. homeowners with additional flexibility program regulations to reflect the The economic impacts of this rule and facilitate their participation in the language of the Helping Families Act. A stem largely from the changes to the H4H program, and not to establish new delay in the effectiveness of these H4H program to increase participation. regulatory burdens. Accordingly, HUD regulatory amendments is unnecessary Readjusting the parameters of the H4H has determined that this interim rule because the Department does not have program will not substantially change will not have a significant economic the benefits of preventing a foreclosure. the discretion to revise statutory impact on a substantial number of small The modifications will, however, language in response to comments entities. significantly increase the number of Notwithstanding HUD’s submitted by the public. Although not refinancings by imposing less onerous directly on point as to whether good determination that this rule does not constraints on lenders and borrowers. have a significant economic impact on cause exists for the omission of prior HUD estimates that, with 10,000 public comment, the Department also a substantial number of small entities, participants annually, the H4H program HUD specifically invites comments from notes that, in the case of other will generate $273 million in net regulatory changes, the interim rule all entities, including small entities, benefits to society. H4H program regarding less burdensome alternatives revises existing program requirements to participation could be as high as to this rule that will meet HUD’s provide lenders and homeowners with 137,500 over the life of the program, objectives as described in this preamble. additional flexibility and facilitate their with commensurately higher benefits. participation in the H4H program. The While the benefits per refinancing are Paperwork Reduction Act interim rule does not impose new substantial, the aggregate impact The information collection regulatory burdens on lenders and depends upon participation. The requirements contained in this rule have homeowners. success of the H4H program will largely been approved by OMB under the Although HUD has determined that depend upon alternative opportunities Paperwork Reduction Act of 1995 (44 for borrowers to refinance or modify good cause exists to publish this rule for U.S.C. 3501–3520) and assigned OMB their loans and the ability and effect without prior solicitation of Control Number 2502–0579. In willingness of servicers and investors to public comment, the Department accordance with the Paperwork embrace the program. HUD estimates Reduction Act, HUD may not conduct or recognizes the value and importance of that a little more than 750,000 nonprime public input in the rulemaking process. sponsor, and a person is not required to borrowers experiencing foreclosure respond to, a collection of information, Accordingly, HUD is issuing these could potentially be helped through a unless the collection displays a regulatory amendments on an interim revised H4H program, but that only 18 currently valid OMB control number. basis and providing for a 60-day public percent, or 137,500 households, will comment period. All comments will be actually refinance through a revised Executive Order 13132, Federalism considered in the development of the H4H program due to various factors Executive Order 13132 (entitled final rule. affecting the ineligibility of many of the ‘‘Federalism’’) prohibits, to the extent potentially eligible homeowners. This practicable and permitted by law, an

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agency from promulgating a regulation PART 257—HOPE FOR HOMEOWNERS § 257.3 Scope of part. that has federalism implications and PROGRAM (a) Core requirements. This subpart either imposes substantial direct establishes the core requirements for the compliance costs on state and local Subpart A—HOPE for Homeowners H4H program. governments and is not required by Program—General Requirements (b) Basic program parameters. (1) statute, or preempts state law, unless the 257.1 Purpose of program. FHA is authorized to insure eligible relevant requirements of section 6 of the 257.3 Scope of part. refinanced mortgages under the H4H Executive Order are met. This rule does 257.5 Approval of mortgagees. program commencing no earlier than not have federalism implications and 257.7 Definitions. October 1, 2008. The authority to insure does not impose substantial direct Subpart B—Eligibility Requirements and additional mortgages under the H4H compliance costs on state and local Underwriting Procedures program expires September 30, 2011. governments or preempt state law (2) Under the H4H program, an 257.102 Cross-reference. eligible mortgagor may obtain a within the meaning of the Executive 257.104 Eligible mortgages. refinancing of his or her existing Order. 257.106 Eligible mortgagors. mortgage(s) with a new mortgage loan Unfunded Mandates Reform Act 257.108 Eligible properties. 257.110 Underwriting. insured by FHA, subject to conditions and restrictions specified in section 257 Title II of the Unfunded Mandates 257.112 Mortgagee verifications. of the National Housing Act and Reform Act of 1995 (2 U.S.C. 1531– 257.114 Appraisal. requirements established by HUD. 1538) (UMRA) establishes requirements 257.116 Representations and prohibitions. 257.118 Exit fee. (c) Other applicable requirements. for federal agencies to assess the effects Except as may be otherwise provided by of their regulatory actions on state, 257.120 Appreciation sharing or up-front payment. HUD, the provisions and requirements local, and tribal governments, and on in the FHA regulations at 24 CFR part the private sector. This interim rule will 257.122 Forgiveness or waiver of prepayment penalties and default fees. 203, which generally are applicable to not impose any federal mandate on any all FHA-insured single-family mortgage state, local, or tribal government, or on Subpart C—Rights and Obligations Under insurance programs, also apply with the private sector, within the meaning of the Contract of Insurance respect to the insurance of a refinanced UMRA. 257.201 Cross-reference. eligible mortgage under the H4H Environmental Review 257.203 Calculation of up-front and annual program. mortgage insurance premiums for H4H A Finding of No Significant Impact program mortgages. § 257.5 Approval of mortgagees. (FONSI) with respect to the Subpart D—Servicing Responsibilities (a) Eligibility. In order for a mortgage environment has been made in to be eligible for insurance under this accordance with HUD regulations at 24 257.301 Cross-reference. part, the mortgagee originating the 257.303 Prohibition on subordinate liens CFR part 50, which implement section mortgage loan and seeking mortgage during first 5 years. 102(2)(C) of the National Environmental insurance under this part shall have Policy Act of 1969 (42 U.S.C. Subpart E—Enforcement been approved by HUD pursuant to 24 4332(2)(C)). The Finding of No 257.401 Notice of false information from CFR part 202. Significant Impact is available for public mortgagor-procedure. (b) Mortgagee whose loan is to be inspection between the hours of 8 a.m. 257.403 Prohibitions on interested parties refinanced. A mortgagee holding or and 5 p.m. weekdays in the Regulations in insured mortgage transaction. servicing an eligible mortgage to be Division, Office of General Counsel, 257.405 Mortgagees. refinanced and insured under section Department of Housing and Urban 257 of the National Housing Act is not Authority: 12 U.S.C. 1701z–22; 42 U.S.C. required to be an approved mortgagee as Development, 451 7th Street, SW., 3535(d). Room 10276, Washington, DC 20410. required in paragraph (a) of this section, Due to security measures at the HUD Subpart A—HOPE for Homeowners unless the mortgagee seeks to be the Headquarters building, please schedule Program—General Requirements originator of the refinanced mortgage to an appointment to review the FONSI by be insured by FHA. § 257.1 Purpose of program. calling the Regulations Division at § 257.7 Definitions. 202–708–3055 (this is not a toll-free The HOPE for Homeowners (H4H) number). Individuals with speech or As used in this part and in the H4H program is a temporary program program, the following definitions hearing impairments may access this authorized by section 257 of the number via TTY by calling the Federal apply. National Housing Act, established Act means the National Housing Act Information Relay Service at 800–877– within the Federal Housing (12 U.S.C. 1701 et seq.). 8339. Administration (FHA) of the Allowable closing costs mean charges, List of Subjects Department of Housing and Urban fees, and discounts that the mortgagee Development (HUD) that offers to may collect from the mortgagor as 24 CFR Part 257 homeowners and existing loan holders provided at 24 CFR 203.27(a). (or servicers acting on their behalf), Board means the Advisory Board for Administrative procedures, Practice FHA insurance on refinanced loans for the HOPE for Homeowners program, and procedure, Mortgage insurance, distressed borrowers to support long- which is comprised of the Secretary of Reporting and recordkeeping term sustainable homeownership by, HUD, the Secretary of the Treasury, the requirements. among other things, allowing Chairman of the Board of Governors of ■ Accordingly, for the reasons described homeowners to avoid foreclosure. The the Federal Reserve System (Federal in the preamble, HUD amends chapter H4H program is administered by HUD Reserve Board), and the Chairperson of I of title 24 of the Code of Federal through FHA. As used in this subpart, the Board of Directors of the Federal Regulations by adding part 257 to read the terms HUD and FHA are Deposit Insurance Corporation or the as follows: interchangeable. designees of each such individual.

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Contract of insurance means the her permanent place of abode and U.S.C. 1701z–22), except the following agreement by which FHA provides typically spends the majority of the provisions: 203.7 Commitment process; mortgage insurance to a mortgagee. calendar year. A mortgagor can have 203.10 Informed consumer choice for Default and delinquency fees means only one primary residence. prospective FHA mortgagors; 203.12 late charges contained in a mortgage/ Program mortgage means the Mortgage insurance on proposed or new security instrument for the late or mortgage into which the existing senior subdivisions; 203.14 Builder’s warranty; nonreceipt of payments from mortgagors mortgage is refinanced. 203.16 Certificate and contract regarding after the date upon which payment is Related party of a person means any use of dwelling for transient or hotel due, including charges imposed by the of the following or another person purposes; 203.17(d) Maturity; 203.18 mortgagee for the return of payments on acting on behalf of the person or any of Maximum mortgage amounts; 203.18a the mortgage due to insufficient funds. the following— Solar-energy system; 203.18b Increased Direct financial benefit means the (1) The person’s father, mother, mortgage amount; 203.18c One-time or same as ‘‘initial equity’’ determined stepfather, stepmother, brother, sister, up-front MIP excluded from limitations under § 257.118(a). stepbrother, stepsister, son, daughter, on maximum mortgage amounts; Disposition means any transaction stepson, stepdaughter, grandparent, 203.18d Minimum principal loan that results in whole or partial transfer grandson, granddaughter, father-in-law, amount; 203.19 Mortgagor’s minimum of title of a property other than— mother-in-law, brother-in-law, sister-in- investment; 203.20 Agreed interest rate; (1) A sale of the property; or law, son-in-law, daughter-in-law, the 203.29 Eligible mortgage in Alaska, (2) Any transaction or transfer spouse of any of the foregoing, and the Guam, Hawaii or the Virgin Islands; specified at 12 U.S.C. 1701j–3(d)(1) person’s spouse; 203.32 Mortgage lien; 203.37a Sale of through (8). (2) Any entity of which 25 percent or Eligible Mortgage means a mortgage as property; 203.42 Rental properties; more of any class of voting securities is 203.43 Eligibility of miscellaneous types defined at § 257.104. owned, controlled, or held in the Existing senior mortgage means an of mortgages; 203.43a Eligibility of aggregate by the person or the persons eligible mortgage that has superior mortgages covering housing in certain referred to in paragraph (1) of this priority and is being refinanced by a neighborhoods; 203.43d Eligibility of definition; and mortgage insured under section 257 of mortgages in certain communities; (3) Any entity of which the person or the Act. 203.43e Eligibility of mortgages covering Existing subordinate mortgage means any person referred to in paragraph (1) houses in federally impacted areas; a mortgage that is subordinate in of this definition serves as a trustee, 203.43g Eligibility of mortgages in priority to an eligible mortgage that is general partner, limited partner, certain communities; 203.43h Eligibility being refinanced by a mortgage insured managing member, or director. of mortgages on Indian land insured Secretary means the Secretary of under section 257 of the Act. pursuant to section 248 of the National FHA means the Federal Housing Housing and Urban Development. Housing Act; 203.43i Eligibility of Administration. Substantial debt means any mortgages on Hawaiian Home Lands HOPE for Homeowners program (or individual liability of the mortgagor that insured pursuant to section 247 of the H4H program) means the program exceeds $100,000. National Housing Act; 203.43j Eligibility established under section 257 of the Total monthly mortgage payment of mortgages on Allegany Reservation of Act. means the sum of: Seneca Nation Indians; 203.44 HUD means the Department of (1) Principal and interest, as Eligibility of advances; 203.45 Eligibility Housing and Urban Development. determined on a fully indexed and fully of graduated payment mortgages; 203.47 Intentionally defaulted for purposes amortized basis; and Eligibility of growing equity mortgages; of section 257(e)(1)(A) of the Act means (2) Escrowed amounts. (i) The 203.49 Eligibility of adjustable rate the mortgagor: monthly required amount collected by mortgages; 203.50 Eligibility of (1) Knowingly failed to make payment or on behalf of the mortgagee for real rehabilitation loans; 203.51 on the mortgage or debt; estate taxes, premiums for required Applicability; and 203.200–203.209 (2) Had available funds at the time hazard and mortgage insurance, Insured Ten-Year Protection Plans payment on the mortgage or debt was homeowners’ association dues, ground (Plan). due that could pay the mortgage or debt rent, special assessments, water and (b) For the purposes of this subpart, without undue hardship; and sewer charges, and other similar charges (3) The debt was not subject to a bona required by the note or security all references at 24 CFR part 203, fide dispute. instrument; or subpart A, to section 203 of the Act Mortgage has the same meaning as (ii) For mortgages not subject to shall be construed to refer to section 257 provided at 24 CFR 203.17(a)(1). escrow deposits, 1/12 of the estimated of the Act. Any references at 24 CFR Mortgagee has the same meaning as annual costs for items listed in part 203, subpart A, to the ‘‘Mutual provided at 24 CFR 203.251(f). paragraph (2)(i) of this definition. Mortgage Insurance Fund’’ shall be Mortgagor has the same meaning as deemed to be to the Home Ownership provided at 24 CFR 203.251(e). Subpart B—Eligibility Requirements Preservation Entity Fund. Net worth means the total dollar and Underwriting Procedures (c) If there is any conflict in the amount of all liabilities subtracted from application of any requirement of 24 § 257.102 Cross-reference. the total dollar amount of all assets CFR part 203, subpart A, to this part, the (other than retirement accounts) of the (a) All of the provisions of 24 CFR provisions of this part shall control. mortgagor. part 203, subpart A, concerning Prepayment penalties mean such eligibility requirements of mortgages § 257.104 Eligible mortgages. amounts as defined at 12 CFR covering one-to-four family dwellings A mortgage eligible to be refinanced 226.32(d)(6) of the Federal Reserve under section 203 of the National under section 257 of the Act must: Board’s Regulation Z (Truth in Housing Act (12 U.S.C. 1709) apply to Lending). mortgages on one-to-four family (a) Have been originated on or before Primary residence means the dwelling dwellings to be insured under section January 1, 2008. where the mortgagor maintains his or 257 of the National Housing Act (12 (b) Be secured by a property that is:

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(1) Owned and occupied by the § 257.110 Underwriting. (e) Limit on origination fees. mortgagor as his or her primary A mortgage may be insured under the Mortgagees may charge and collect from residence; and H4H program only if the following mortgagors allowable closing costs. conditions are met: (2) The only residence in which the § 257.112 Mortgagee verifications. mortgagor has any present ownership (a) Loan-to-value and income (a) Income verification. The mortgagee interest, except for property acquired by thresholds. The loan-to-value (LTV), shall use FHA’s procedures to verify the the mortgagor through inheritance. payment-to-income, and debt-to-income ratios of the H4H program mortgage do mortgagor’s income. (c) Meet such other requirements as (b) Mortgage fraud verification. The HUD may adopt. not exceed the thresholds set forth in either paragraph (a)(1) or (a)(2) of this mortgagor shall provide a certification § 257.106 Eligible mortgagors. section. to the mortgagee that the mortgagor has (1) Program mortgage with LTV ratio not been convicted under federal or A mortgagor shall be eligible to of 90 percent or less. (i) The initial state law for fraud during the 10-year refinance his or her existing mortgages principal balance of the H4H program period ending upon the insurance of the under section 257 of the Act only if: mortgage (excluding the amount of the H4H program mortgage. This (a)(1) The mortgagor has, as of the up-front premium) as a percentage of certification may be combined with the date of application for the H4H program the current appraised value of the certification to FHA required under mortgage, a total monthly mortgage property does not exceed 90 percent; § 257.116(b)(1)(ii). The mortgagee shall payment of more than 31 percent of the (ii) The total monthly mortgage take such action as HUD may specify in mortgagor’s monthly gross income; or payment of the mortgagor under the administrative guidance to ensure that (2) If the mortgagor’s existing senior H4H program mortgage does not exceed the mortgagor is in compliance with the mortgage or existing subordinate 38 percent of the mortgagor’s monthly certification. mortgage, if any, is an adjustable-rate gross income; and § 257.114 Appraisal. mortgage that by its terms resets after (iii) The sum of the total monthly (a) The property shall be appraised by mortgage payment under the H4H the date of application for the H4H an appraiser on the FHA Appraiser program mortgage and all monthly program mortgage, the mortgagor will be Roster. likely to have a total monthly mortgage recurring expenses of the mortgagor do (b) An appraisal of a property to be payment (based on mortgages not exceed 43 percent of the mortgagor’s security for an H4H program mortgage outstanding on the date of application monthly gross income. shall be conducted in accordance with for the H4H program mortgage) of more (2) Program mortgage with LTV of Uniform Standards of Professional than 31 percent of the mortgagor’s greater than 90 percent. (i) The initial Appraisal Practice (USPAP), and dated monthly gross income calculated as of principal balance of the H4H program no more than 180 days from the date on the date the mortgagor applies for the mortgage (excluding the amount of the which the mortgage transaction is H4H program mortgage; up-front premium) as a percentage of closed, except as otherwise provided by (b) The mortgagor does not have an the current appraised value of the HUD. ownership interest in any other property exceeds 90 percent (up to any (c) The mortgagee must inform the residential property, except for a limit established by HUD through appraiser that copies of the appraisal property that the mortgagor has Mortgagee Letter); may be shared with holders and inherited; (ii) The total monthly mortgage servicers of existing subordinate payment of the mortgagor under the (c) The mortgagor has not been mortgages. H4H program mortgage does not exceed convicted of fraud under federal or state 31 percent of the mortgagor’s monthly § 257.116 Representations and law during the 10-year period ending gross income; and prohibitions. upon insurance of the H4H program (iii) The sum of the total monthly (a) Underwriting and appraisal mortgage; mortgage payment under the H4H standards. In order for the H4H program (d) The mortgagor does not have a net program mortgage and all monthly mortgage to be eligible for insurance worth, as of the date the mortgagor first recurring expenses of the mortgagor do under the H4H program, the applies for the H4H program mortgage, not exceed 43 percent of the mortgagor’s underwriter and the mortgagee must which exceeds $1 million. monthly gross income. provide certifications, in a format (e) The mortgagor meets such other (b) Past credit performance. The approved by FHA, that the mortgage is requirements as HUD may adopt. mortgagor must have made at least six in compliance with the underwriting full payments on the existing senior and the appraisal standards set forth in § 257.108 Eligible properties. mortgage being refinanced under the this part, and that it meets all (a) A mortgage may be insured under H4H program. requirements applicable to the H4H the H4H program only if the property (c) The H4H program mortgage shall program. FHA may require additional that is to be the security for the have a maturity of not less than 30 years certifications by the mortgagee to ensure mortgage is a one-to-four unit residence. and not more than 40 years from the compliance with such additional (b) The following property types are date of origination. standards as FHA deems necessary, eligible to secure a mortgage insured (d) Nonoccupant co-borrowers. A given the specific mortgage transaction under the H4H program: mortgage loan may be insured by the presented. FHA under the H4H program, even if (1) Detached and semi-detached (b) Mortgagor’s liability for one of the mortgagors on the loan (i.e., dwellings; repayment. (1) The mortgagor shall a co-signer) does not reside at the provide a certification to FHA that the (2) A condominium unit; residence securing the loan, provided mortgagor has not: (3) A cooperative unit; or that the nonresident mortgagor (i) Intentionally defaulted on the (4) A manufactured home that is relinquishes all interests in the property mortgagor’s existing mortgage(s), or any permanently affixed to realty and is that is to be security for the mortgage other substantial debt during the 5-year treated as realty under applicable state before an application is submitted for period ending upon insurance of the law, except state taxation law. FHA insurance under the H4H program. H4H program mortgage; or

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(ii) Knowingly or willfully and with mortgagee is prohibited from escrowing maximum LTV ratio at origination actual knowledge furnished material funds at closing for all or part of the first established by section 257(e)(2)(B) of the information known to be false for the total monthly mortgage payment. Act. purpose of obtaining the H4H program (b) HUD’s interest in appreciation. mortgage; and § 257.118 Exit fee. Upon sale or disposition of a property (iii) Been convicted under federal or (a) Initial Equity. For purposes of securing an H4H program mortgage, state law for fraud during the 10-year section 257(k)(1) of the Act, the initial FHA may be entitled to receive the period ending upon the insurance of the equity created as a direct result of the lesser of: H4H program mortgage. This origination of an H4H program mortgage (1) An amount up to 50 percent of the certification may be combined with the on a property, as calculated by the H4H appreciation in value of the property certification to the mortgagee required program mortgage lender, shall equal: calculated in accordance with paragraph under § 257.112(b). (1) The lesser of— (a) of this section; or (2) The mortgagor shall provide any (i) The appraised value of the (2) An amount equal to the appraised other certifications that FHA may property that was used at the time of value of the property that was used at otherwise require. origination of the H4H program the time the existing senior mortgage (3) A mortgagor obligated under an mortgage to underwrite the mortgage was originated. H4H program mortgage shall agree in and to determine compliance with the (c) Eligibility of subordinate mortgage writing, on a form prescribed by HUD, maximum LTV ratio at origination holders to receive portion of to be liable to pay to HUD any Direct established by section 257(e)(2)(B) of the appreciation in value. The persons or Financial Benefit achieved from the Act; or entities that hold, on the date of reduction of indebtedness on the (ii) The outstanding amount due origination of an H4H program existing senior and subordinate under all existing senior mortgages, mortgage, an existing subordinate mortgages that are being refinanced existing subordinate mortgages, and mortgage on the property may be under the H4H program if he or she nonmortgage liens on the property; less eligible to receive a portion of FHA’s makes a false statement or other (2) The original principal amount of interest in the appreciation in value of misrepresentation in the certifications the H4H program mortgage on the the property, as determined in and documentation required for H4H property. accordance with the provisions of this program eligibility, including but not (b) FHA’s interest. Upon the sale or section and such additional standards limited to the certifications required disposition of a property secured by the and policies that HUD may establish, if: under paragraphs (b)(1) and (b)(2) of this H4H program mortgage or H4H program (1) The amount of the unpaid section. mortgage refinancing, FHA is entitled to principal and interest on such existing (c) Mortgagee in violation of program receive the portion of the initial equity subordinate mortgage, as of the first day requirements. (1) If the mortgagee holds (as defined by paragraph (a) of this of the month in which the mortgagor an H4H program mortgage that it section) set forth in section 257(k)(1) of made application for the H4H program originated and/or underwrote, and FHA the Act, subject to such standards and mortgage, is at least $2,500; and finds that the mortgagee violated the policies as HUD may establish. (2) Each person holding such existing representations and warranties required § 257.120 Appreciation sharing or up- subordinate mortgage agrees, in under paragraph (a) of this section, FHA front payment. connection with the origination of the is prohibited from paying FHA (a) Calculation of appreciation. For H4H program mortgage, to fully release: insurance benefits to that mortgagee. purposes of section 257(k)(2) of the Act, (i) The mortgagor(s) from any (2) If the mortgagee no longer holds the amount of the appreciation in value indebtedness under the existing the H4H program mortgage that it of a property securing an H4H program subordinate mortgage; and originated and/or underwrote, FHA will mortgage that occurs between the date (ii) The holder’s mortgage lien on the pay an insurance claim to the mortgagee the mortgage was insured under section property. presently holding the H4H program 257 of the Act and the date of any (d) Shared appreciation interest of mortgage (if all other requirements of subsequent sale or disposition of the subordinate mortgage holders. the contract for mortgage insurance are property shall be equal to the following, (1) In general. The eligible holder(s) of met and the present holder did not as such amounts of appreciation may be an existing subordinate mortgage on a participate in the violation of H4H established to the satisfaction of FHA: property securing an H4H program program requirements) and shall seek (1) In the case of— mortgage may be eligible to receive, indemnification from the mortgagee that (i) A sale of the property to one or subject to paragraph (c)(3) of this originated the H4H program mortgage. more persons, none of whom is a related section, an interest in FHA’s interest in (d) FHA insurance. A mortgage is party of the mortgagor, the gross the appreciation in the value of such eligible for insurance if the mortgagee proceeds from the sale of the property; property, up to the amount set forth in submits a complete case binder within or administrative instructions issued by such time period as HUD prescribes. (ii) A disposition of the property or HUD. The binder shall include evidence the sale of the property to a related party (2) Form. The interest of an eligible acceptable to HUD that the mortgage is of the mortgagor, the current appraised holder of an existing subordinate current. value of the property at the time of the mortgage under paragraph (d) of this (e) Mortgagor failure to make first disposition or sale; less section is evidenced in a shared mortgage payment. FHA shall not pay a (2) The amount of closing costs, as appreciation certificate or other mortgage insurance claim to any adopted by HUD, incurred by the documentation to be issued by, or on mortgagee if the first total monthly mortgagor(s) in connection with such behalf of, HUD. mortgage payment is not made within sale or disposition, if any; less (3) Multiple subordinate liens. If there 120 days from the date of closing of the (3) The appraised value of the is more than one eligible existing mortgage. The mortgagee shall not, property that was used at the time of subordinate mortgage on a property directly or indirectly, make all or a part origination of the H4H program securing an H4H program mortgage, the of the first total monthly mortgage mortgage to underwrite that mortgage interests of such eligible existing payment on behalf of the mortgagor. The and determine compliance with the subordinate mortgages under paragraph

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(d)(1) of this section shall have priority 203.417 Certificate of Claim; 203.420– on property located on Indian land; among each other in the same order of 203.427 Mutual Mortgage Insurance 203.665 Processing defaulted mortgages priority that existed among the existing Fund and Distributive Shares; 203.436 on property located on Hawaiian home subordinate mortgages on the date of Claim procedures—graduated payment lands; 203.666 Processing defaulted origination of the H4H program mortgages; 203.438 Mortgages on Indian mortgages on property in Allegany mortgage. land insured pursuant to section 248 of Reservation of Seneca Nation of Indians; (4) Distribution of appreciation the National Housing Act; 203.439 and 203–670–203.681 Occupied interest to subordinate mortgage Mortgages on Hawaiian home lands Conveyance. holders. Upon the sale or disposition of insured pursuant to section 247 of the (b) For the purposes of this subpart, a property securing an H4H program National Housing Act; 203.439a all references in 24 CFR part 203, mortgage other than sale or disposition Mortgages on property in Allegheny subpart C, to section 203 of the Act shall related to a default, any proceeds due to Reservation of Seneca Nation of Indians be construed to refer to section 257 of H4H as a result of the appreciation in authorized by section 203(q) of the the Act. Any references in 24 CFR part value of the property (as calculated in National Housing Act; and 203.440– 203, subpart C, to the ‘‘Mutual Mortgage accordance with paragraph (a) of this 203.495 Rehabilitation Loans. Insurance Fund’’ shall be deemed to be section) shall be distributed: (b) For the purposes of this subpart, to the Home Ownership Preservation (i) First to the holders of any shared all references at 24 CFR part 203, Entity Fund. appreciation certificate or other subpart B, to section 203 of the Act shall documentation issued by HUD with be construed to refer to section 257 of (c) If there is any conflict in the respect to the property, if any, in the Act. Any references at 24 CFR part application of any requirement of 24 accordance with paragraphs (d)(1), 203, subpart B, to the ‘‘Mutual Mortgage CFR part 203, subpart C, to this part, the (d)(2), and (d)(3) of this section; and Insurance Fund’’ shall be deemed to be provisions of this part shall control. (ii) The remaining amounts, if any, to the Home Ownership Preservation § 257.303 Prohibition on subordinate liens will be retained by FHA. Entity Fund. during first 5 years. (e) FHA election to offer up-front (c) If there is any conflict in the payment in lieu of a share of application of any requirement of 24 (a) Prohibition on subordinate liens appreciation. In lieu of any shared CFR part 203, subpart B, to this part, the during first 5 years. Except for FHA loss appreciation payment under paragraph provisions of this part shall control. mitigation actions (e.g., mortgage (c) of this section, FHA may elect to modifications and partial claims) or as offer the eligible holder(s) of an existing § 257.203 Calculation of up-front and provided in paragraph (b) of this subordinate mortgage on a property annual mortgage insurance premiums for H4H program mortgages. section, a mortgagor shall not, during securing an H4H program mortgage, a the first 5 years of the term of the payment in an aggregate amount as (a) Applicable premiums. Any mortgagor’s H4H program mortgage, provided by HUD through Mortgagee mortgage presented for endorsement incur any debt, take any action, or fail Letter. Eligible subordinate lien holders under section 257 on or after October 1, to take any action that would have the would receive the up-front payment 2008, and prior to September 30, 2011, direct result of causing a lien to be contemporaneously with the origination shall be subject to the following placed on the property securing the of the H4H program mortgage. requirements: H4H program mortgage if such lien (1) Up-front premium. FHA shall would be subordinate to the H4H § 257.122 Forgiveness or waiver of establish and collect a single premium program mortgage. prepayment penalties and default fees. payment not more than 3 percent of the The holder or servicer of the existing amount of the original insured principal (b) Property preservation exception. senior and subordinate mortgages shall obligation of the H4H program Paragraph (a) of this section shall not either forgive or waive all prepayment mortgage. prevent a mortgagor on the H4H penalties and delinquency and default (2) Annual premium. In addition to program mortgage from incurring new fees. the premium under paragraph (a)(1) of mortgage debt secured by a lien on the this section, FHA shall establish and property securing the H4H program Subpart C—Rights and Obligations collect an annual premium payment in mortgage that is subordinate to the H4H Under the Contract of Insurance an amount not more than 1.5 percent of program mortgage if: § 257.201 Cross-reference. the amount of the remaining insured (1) The proceeds of the new mortgage principal balance of the H4H program debt are necessary to ensure the (a) All of the provisions of 24 CFR mortgage. maintenance of property standards, part 203, subpart B, covering mortgages (b) Proceeds for payment of the up- including health and safety standards; insured under section 203 of the Act front premium. The up-front premium (2) Repair or remediation of the shall apply to mortgages insured under shall be paid with proceeds from the section 257 of the Act, except the condition would preserve or increase H4H program mortgage through a the property’s value; following sections: 203.256 Insurance of reduction of the amount of indebtedness open-end advances; 203.259a Scope; that existed on the eligible mortgage (3) The cost of the proposed repair or 203.260 Amount of insurance premium; prior to its being refinanced. remediation is reasonable for the 203.261 Calculation of periodic MIP geographic market area; (periodic MIP); 203.270 Open-end Subpart D—Servicing Responsibilities (4) The results of the repair or insurance charges; 203.280 One-time of remediation are not primarily cosmetic; up-front MIP; 203.281 Calculation of § 257.301 Cross-reference. one-time MIP; 203.283 Refund of one- (a) All of the provisions of 24 CFR (5) The repair or remediation does not time MIP; 203.284 Calculation of up- part 203, subpart C, covering mortgages represent routine maintenance; and front and annual MIP on or after July 1, insured under section 203 of the Act (6) The new mortgage debt is closed- 1991; 203.285 Fifteen year mortgages: shall apply to mortgages insured under end credit, as defined in § 226.2 of the calculation of up-front and annual MIP section 257 of the Act, except as follows: Federal Reserve Board’s Regulation Z on or after December 26, 1992; 203.415– 203.664 Processing defaulted mortgages (12 CFR 226.2).

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Subpart E—Enforcement Mortgagor § 257.403 Prohibitions on interested § 257.405 Mortgagees. False Information parties in insured mortgage transaction. (a) HUD will monitor mortgagees to (a) A mortgage lender, mortgage ensure compliance with the § 257.401 Notice of false information from requirements of the H4H program. The mortgagor-procedure. broker, mortgage banker, real estate broker, appraisal management company Mortgagee Review Board at HUD is (a) If FHA finds that the mortgagor has or employee thereof, and any person authorized to impose sanctions and civil made a false certification or provided with an interest in a real estate money penalties against mortgagees false information via any means, transaction involving an appraisal who violates program requirements including but not limited to false under this part. The authority of the conducted as part of the process for documentation, FHA shall inform the Mortgagee Review Board to impose insuring a mortgage under section 257 mortgagor, in writing or any other sanctions and civil penalties shall not acceptable format, of such fact. of the Act shall not improperly preclude HUD from bringing any other influence or attempt to improperly (b) The notice shall be sent to the action that HUD may be authorized to influence through any means, including bring. mortgagor’s last known address by both but not limited to coercion, extortion, certified and ordinary mail. The notice (b) Nonpayment of mortgage collusion, compensation, instruction, insurance claims for reasons established shall state with specificity the inducement, intimidation, nonpayment misrepresentation or false statement in § 257.16 shall not preclude the for services rendered, or bribery, the made by the mortgagor. The notice shall Mortgagee Review Board or HUD from development, reporting, result, or include a request for repayment of the bringing any action against the Direct Financial Benefit that the review of a real estate appraisal sought mortgagee that the Mortgagee Review mortgagor is deemed to have received, in connection with the origination, Board or HUD are authorized to bring. as determined by FHA, by the processing, and closing of the mortgage (c) The mortgagee may request a refinancing of the eligible mortgage and for insurance. hearing before a Hearing Officer. The subordinate mortgages. This does not (b) HUD may, pursuant to its hearing will be conducted in accordance preclude HUD or the United States from authority under section 536(a) of the with the provisions of 24 CFR part 26, bringing any other action that they may Act, bring an action to impose a civil subpart A, except as modified by this be authorized to bring. money penalty for a violation of section. Requests for a hearing must be paragraph (a) of this section. made within 45 days from the date of (c) The mortgagor may request a the false information notice. hearing before a Hearing Officer. The (c) The authority to bring a civil Dated: November 11, 2009. hearing will be conducted in accordance money penalty under this section shall with the provisions of 24 CFR part 26, not preclude HUD from bringing any David H. Stevens, subpart A, except as modified by this other action that HUD may be Assistant Secretary for Housing—Federal Housing Commissioner. section. Requests for a hearing must be authorized to bring for a violation of made within 45 days from the date of paragraph (a) of this section. [FR Doc. 2010–263 Filed 1–11–10; 8:45 am] the false information notice. BILLING CODE 4210–67–P

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Reader Aids Federal Register Vol. 75, No. 7 Tuesday, January 12, 2010

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JANUARY

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. 925...... 678 Presidential Documents 3 CFR 944...... 678 Proclamations: Executive orders and proclamations 741–6000 1263...... 678 8469...... 885 The United States Government Manual 741–6000 1290...... 678 8470...... 1265 Other Services 8471...... 1267 Proposed Rules: 360...... 934 741–6020 Executive Orders: Electronic and on-line services (voice) 906...... 1289 12958 (Revoked by Privacy Act Compilation 741–6064 1207...... 1289 Public Laws Update Service (numbers, dates, etc.) 741–6043 13526) ...... 707 TTY for the deaf-and-hard-of-hearing 741–6086 13292 (Revoked by 13 CFR 13526) ...... 707 Proposed Rules: 13526...... 707, 1013 121...... 1296 ELECTRONIC RESEARCH 13527...... 737 124...... 1296 World Wide Web Administrative Orders: Memorandums: 14 CFR Full text of the daily Federal Register, CFR and other publications Memorandum of is located at: http://www.gpoaccess.gov/nara/index.html 25 ...... 32, 35, 37, 39, 1527 December 15, 39 ...... 221, 224, 901, 904, 906, Federal Register information and research tools, including Public 2009 ...... 1015 910, 1017, 1527, 1529, Inspection List, indexes, and links to GPO Access are located at: Memorandum of 1533, 1536, 1538 http://www.archives.gov/federallregister December 29, 71 ...... 42, 43, 226 E-mail 2009 ...... 733 97...... 915, 916 Orders: 121...... 739 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Order of December 29, Proposed Rules: an open e-mail service that provides subscribers with a digital 2009 ...... 735 form of the Federal Register Table of Contents. The digital form 25...... 75, 81 of the Federal Register Table of Contents includes HTML and 6 CFR 27...... 793, 942 PDF links to the full text of each document. 29...... 793, 942 Proposed Rules: 39...89, 91, 258, 260, 262, 264, To join or leave, go to http://listserv.access.gpo.gov and select 27...... 1552 801, 950, 1297, 1560, 1563 Online mailing list archives, FEDREGTOC-L, Join or leave the list 7 CFR 91...... 942 (or change settings); then follow the instructions. 121...... 942 305...... 1 PENS (Public Law Electronic Notification Service) is an e-mail 125...... 942 319...... 1 135...... 942 service that notifies subscribers of recently enacted laws. 980...... 1269 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 984...... 1525 15 CFR and select Join or leave the list (or change settings); then follow 993...... 1269 90...... 44 the instructions. 1400...... 887 738...... 1028 FEDREGTOC-L and PENS are mailing lists only. We cannot Proposed Rules: 902...... 554 respond to specific inquiries. 205...... 1555 Proposed Rules: Reference questions. Send questions and comments about the 10 CFR 922...... 952 Federal Register system to: [email protected] 50...... 13 17 CFR The Federal Register staff cannot interpret specific documents or 430...... 652 275...... 742, 1456 regulations. 431...... 652, 1122 276...... 1492 Reminders. Effective January 1, 2009, the Reminders, including Proposed Rules: 279...... 1456 32...... 1559 Rules Going Into Effect and Comments Due Next Week, no longer 19 CFR appear in the Reader Aids section of the Federal Register. This 431...... 186 Proposed Rules: information can be found online at http://www.regulations.gov. 11 CFR 101...... 266 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 1...... 29 113...... 266 longer appears in the Federal Register. This information can be 2...... 29 133...... 266 found online at http://bookstore.gpo.gov/. 4...... 29 5...... 29 20 CFR FEDERAL REGISTER PAGES AND DATE, JANUARY 100...... 29 416...... 1271 101...... 29 1–218...... 4 102...... 29 21 CFR 219–736...... 5 104...... 29 522...... 1274 737–884...... 6 110...... 29 529...... 1021 885–1012...... 7 113...... 29 558...... 1275 114...... 29 1013–1268...... 8 201...... 29 23 CFR 1269–1524...... 11 300...... 29 635...... 46 1525–1696...... 12 12 CFR 24 CFR 229...... 219 257...... 1686

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26 CFR 3020...... 1280 44 CFR 219...... 1547 301...... 48 Proposed Rules: 64...... 60 238...... 1180 Proposed Rules: 111...... 282 544...... 1548 1...... 1301 3050...... 1301 47 CFR 830...... 922 25...... 1285 Proposed Rules: 301...... 94 40 CFR 73...... 1546 172...... 1302 30 CFR 52 ...... 54, 56, 230, 232, 1284, 173...... 1302 250...... 1276 1543 48 CFR 175...... 1302 63...... 522 Proposed Rules: 395...... 285 31 CFR 81...... 56, 1543 225...... 832, 1567 1...... 743 180 ...... 760, 763, 767, 770 252...... 832, 1567 285...... 745 262...... 1236 928...... 964 50 CFR Proposed Rules: 263...... 1236 931...... 964 17...... 235 240...... 95 264...... 1236 932...... 964 21...... 927 265...... 1236 933...... 964 22...... 927 32 CFR 266...... 1236 935...... 964 300...... 554 724...... 746 271...... 918, 1236 936...... 964 635...... 250 700...... 773 Proposed Rules: 937...... 964 648...... 1021 721...... 773 2004...... 1566 941...... 964 660...... 932 723...... 773 942...... 964 665...... 1023 33 CFR 725...... 773 949...... 964 679...... 554, 792 100...... 748 Proposed Rules: 950...... 964 117...... 227 50...... 1566 951...... 964 Proposed Rules: 138...... 750 52 ...... 97, 283, 953, 958 952...... 964 17 ...... 1567, 1568, 1574 165...... 754 58...... 1566 226...... 1582 Proposed Rules: 180...... 807 49 CFR 300...... 1324 147...... 803 320...... 816 171...... 63 17 ...... 286, 310, 606 721...... 1180 172...... 63 223...... 316, 838 39 CFR 173...... 63 224...... 316, 838 111...... 1540 41 CFR 175...... 63 226...... 319 601...... 1541 301–10...... 790 178...... 63 648...... 1024

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pamphlet) form from the the Andean Trade Preference enacted public laws. To Superintendent of Documents, Act, and for other purposes. subscribe, go to http:// LIST OF PUBLIC LAWS U.S. Government Printing (Dec. 28, 2009; 123 Stat. listserv.gsa.gov/archives/ Office, Washington, DC 20402 3484) publaws-l.html This is a continuing list of (phone, 202–512–1808). The H.R. 3819/P.L. 111–125 public bills from the current text will also be made To extend the commercial session of Congress which available on the Internet from Note: This service is strictly space transportation liability have become Federal laws. It GPO Access at http:// for E-mail notification of new regime. (Dec. 28, 2009; 123 may be used in conjunction www.gpoaccess.gov/plaws/ laws. The text of laws is not Stat. 3486) with ‘‘P L U S’’ (Public Laws index.html. Some laws may available through this service. Update Service) on 202–741– not yet be available. Last List December 31, 2009 PENS cannot respond to 6043. This list is also H.R. 4314/P.L. 111–123 specific inquiries sent to this available online at http:// To permit continued financing address. www.archives.gov/federal- Public Laws Electronic of Government operations. register/laws.html. Notification Service (Dec. 28, 2009; 123 Stat. (PENS) The text of laws is not 3483) published in the Federal H.R. 4284/P.L. 111–124 Register but may be ordered To extend the Generalized PENS is a free electronic mail in ‘‘slip law’’ (individual System of Preferences and notification service of newly

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