10–5–09 Monday Vol. 74 No. 191 Oct. 5, 2009

Pages 51069–51220

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Contents Federal Register Vol. 74, No. 191

Monday, October 5, 2009

Agricultural Marketing Service Delaware River Basin Commission RULES NOTICES Cotton Research and Promotion Program: Referendum Meeting and Public Hearing, 51128–51131 Procedures, 51069–51073 PROPOSED RULES Cotton Research and Promotion Program: Education Department Designation of Cotton–Producing States; Secretary’s NOTICES Decision and Referendum Order on Proposed Agency Information Collection Activities; Proposals, Amendments to Cotton Research and Promotion Submissions, and Approvals, 51131–51132 Order, 51094–51098 Inviting Applications: Fulbright–Hays Doctoral Dissertation Research Abroad Agriculture Department (DDRA) Fellowship Program, 51132–51136 See Agricultural Marketing Service Fulbright–Hays Faculty Research Abroad (FRA) See Animal and Plant Health Inspection Service Fellowship Program, 51136–51140 See Forest Service Request for Nominations: See Natural Resources Conservation Service National Technical Advisory Council, 51140–51141 See Rural Business–Cooperative Service NOTICES Employee Benefits Security Administration Agency Information Collection Activities; Proposals, Submissions, and Approvals, 51113–51115 NOTICES Proposed Individual Exemption: Animal and Plant Health Inspection Service Chrysler, LLC; Auburn Hills, MI, 51182–51195 NOTICES Bovine Brucellosis Program Concept Paper; Availability, Employment and Training Administration 51115–51116 NOTICES Bovine Tuberculosis Program Concept Paper; Availability, Amended Certification Regarding Eligibility to Apply for 51116 Worker Adjustment Assistance, etc.: Delphi Corporation, Corporate Headquarters and Product Bonneville Power Administration and Service Solutions Division, Troy, MI, 51176 NOTICES Emerson Network Power, Embedded Computing, et. al., Availability of the Bonneville Purchasing Instructions and Madison, WI, 51175 Bonneville Financial Assistance Instructions, 51142– Hewlett–Packard, Inkjet and Web Solutions Division, et. 51143 al., Corvallis, OR, 51178 Centers for Disease Control and Prevention National Mills Inc., et. al., Pittsburg, KS, 51174 NOTICES Procter and Gamble Hair Care LLC, Stamford, CT, 51176 Agency Information Collection Activities; Proposals, Qimonda 200MM Facility, Sandston, VA, 51177 Submissions, and Approvals, 51157–51158 Sappi Fine Paper N.A., Muskegon, MI, 51173–51174 Team Industries, Inc., Detroit Lakes, MN, et. al., 51175 Children and Families Administration Wacker Chemical Corp., et. al., South Brunswick, NJ, NOTICES 51174 Award Five Expansion Supplement Grants, 51158–51159 Whirlpool Corporation, Oxford Division, et. al. Oxford, MI, 51177–51178 Coast Guard Change in Status of an Extended Benefit (EB) Period: RULES New Mexico, 51178 Drawbridge Operation Regulations: Investigations Regarding Certifications of Eligibility to Victoria Barge Canal, Bloomington, TX, 51077–51078 Apply for Worker Adjustment Assistance, 51178–51180 NOTICES Investigations Regarding Eligibility To Apply for Worker Meetings: Adjustment Assistance, 51180–51181 Ports and Waterways Assessment, 51166–51167 Meetings: Native American Employment and Training Council, Commerce Department 51181 See Foreign–Trade Zones Board Negative Determination Regarding Application for See National Oceanic and Atmospheric Administration Reconsideration: NOTICES Glenn Springs Holdings Inc., New Castle, DE, 51182 Agency Information Collection Activities; Proposals, Revised Determination on Remand: Submissions, and Approvals, 51126 Invista, S.A.R.L, Nylon Apparel Filament Fibers Group, Chattanooga, TN, 51195–51196 Defense Department PROPOSED RULES Federal Acquisition Regulation: Energy Department FAR Case 2008–027; Federal Awardee Performance and See Bonneville Power Administration Integrity Information System, 51112 See Federal Energy Regulatory Commission

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Environmental Protection Agency Federal Highway Administration NOTICES NOTICES Draft Documents: Agency Information Collection Activities; Proposals, Review of the National Ambient Air Quality Standards Submissions, and Approvals, 51216 for Particulate Matter, 51148–51150 Second External Review Draft Integrated Science Federal Housing Finance Agency Assessment for Particulate Matter; Extension of Public RULES Comment Period, 51151 Post–Employment Restriction for Senior Examiners, 51073– 51076 Executive Office of the President See Trade Representative, Office of United States Federal Trade Commission NOTICES Export–Import Bank Analysis of Agreement Containing Consent Order to Aid NOTICES Public Comment: Agency Information Collection Activities; Proposals, K+S Aktiengesellschaft, 51151–51153 Submissions, and Approvals, 51151 Federal Transit Administration Federal Aviation Administration RULES RULES Bus Testing; Phase–In of Brake Performance and Emissions Establishment of Restricted Area R–2502A: Testing, and Program Updates, 51083–51092 Fort Irwin, CA, 51076–51077 PROPOSED RULES Food and Drug Administration Proposed Revision of Colored Federal Airways: PROPOSED RULES Alaska, 51098–51099 Current Good Manufacturing Practice Requirements for NOTICES Combination Products; Correction, 51099 Meetings: NOTICES Inmarsat Aeronautical Mobile Satellite (Route) Services, Determination of Regulatory Review Period for Purposes of 51216–51217 Patent Extension: Submission Deadline: EMEND FOR INJECTION, 51159–51160 Schedule Information for O’Hare International Airport, Draft Guidance for Industry and FDA Staff: etc. for Summer 2010 Season, 51218 Scope of the Prohibition Against Marketing a Tobacco Product in Combination With Another Article or Federal Bureau of Investigation Product, etc., 51160–51161 NOTICES Draft Guidance for Industry: Agency Information Collection Activities; Proposals, Helicobacter pylori–Associated Duodenal Ulcer Disease Submissions, and Approvals, 51171–51172 in Adults; Developing Drugs for Treatment; Availability, 51161 Federal Communications Commission Meetings: NOTICES Food and Drug Administration Transparency Task Force, Petition for Reconsideration of Action in Rulemaking 51161–51163 Proceeding, 51151 Foreign–Trade Zones Board Federal Emergency Management Agency NOTICES RULES Foreign – Trade Zones 29 and 203: Suspension of Community Eligibility, 51082–51083 Applications for Subzone Authority; Dow Corning NOTICES Corporation and REC Silicon, 51128 Major Disaster and Related Determinations: Georgia, 51164 Forest Service Major Disaster Declarations: NOTICES Georgia, 51165–51166 Comprehensive Plan: Continental Divide National Scenic Trail, 51116–51125 Federal Energy Regulatory Commission NOTICES General Services Administration Applications: PROPOSED RULES Hamilton, OH, 51142 Federal Acquisition Regulation: Northern Natural Gas Co., 51141–51142 FAR Case 2008–027; Federal Awardee Performance and Southern Nevada Water Authority, 51141 Integrity Information System, 51112 Combined Notice of Filings, 51143–51146 Environmental Impact Statements; Availability, etc.: Health and Human Services Department Hubline/East To West Project; Algonquin Gas See Centers for Disease Control and Prevention Transmission, LLC, 51146–51147 See Children and Families Administration Initial Market–Based Rate Filing: See Food and Drug Administration Dry Lake Wind Power, LLC, 51147 NOTICES Petition for Declaratory Order: Pandemic Influenza Vaccines; Amendment, 51153–51157 JD Wind 1, LLC, et al., 51147–51148 Revocation of Market–Based Rate Tariffs: Homeland Security Department Electric Quarterly Reports; Flat Earth Energy, LLC, 51148 See Coast Guard Electric Quarterly Reports; Take Two, LLC, 51148 See Federal Emergency Management Agency

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See U.S. Customs and Border Protection National Science Foundation NOTICES Housing and Urban Development Department Permit Applications Received Under the Antarctic NOTICES Conservation Act of 1978 (P.L. 95–541), 51196–51197 Funding Awards for Fiscal Year 2009: Doctoral Dissertation Research Grant Program, 51167– Natural Resources Conservation Service 51168 NOTICES Finding of No Significant Impact: Interior Department Fredonia Flood Retarding Structure Rehabilitation See National Park Service Project, Coconino County, AZ, 51125–51126

Justice Department Office of United States Trade Representative See Federal Bureau of Investigation See Trade Representative, Office of United States See Justice Programs Office NOTICES Postal Regulatory Commission Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 51169–51170 New Postal Product, 51078–51082 Lodging Consent Decree under the Clean Air Act, 51170– 51171 Rural Business–Cooperative Service Lodging of Consent Decree under the Comprehensive NOTICES Environmental Response, Compensation and Liability Inviting Applications for Value–Added Producer Grants; Act, 51171 Correct Dates, 51126

Justice Programs Office Securities and Exchange Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Applications: Submissions, and Approvals, 51172–51173 Charles Schwab Investment Management, Inc., et al., 51197–51203 Labor Department Meetings; Sunshine Act, 51203 See Employee Benefits Security Administration Self–Regulatory Organizations; Proposed Rule Changes: See Employment and Training Administration Chicago Board Options Exchange, Inc., 51208–51209 NOTICES New York Stock Exchange LLC, 51209–51211 Agency Information Collection Activities; Proposals, NYSE Amex LLC, 51203–51208 Submissions, and Approvals, 51173 NYSE Arca, Inc., 51211–51213

Maritime Administration Susquehanna River Basin Commission NOTICES NOTICES Requested Administrative Waiver of the Coastwise Trade Meetings, 51213–51214 Laws, 51217–51218 Trade Representative, Office of United States National Aeronautics and Space Administration NOTICES PROPOSED RULES Identification of Countries Under Section 182 of the Trade Federal Acquisition Regulation: Act of 1974: FAR Case 2008–027; Federal Awardee Performance and 2009 Special 301 Out–of–Cycle Reviews of Fiji, Israel, the Integrity Information System, 51112 Philippines, Poland, and Saudi Arabia, 51215–51216

National Oceanic and Atmospheric Administration Transportation Department RULES See Federal Aviation Administration Fisheries of the Northeastern United States: See Federal Highway Administration Black Sea Bass Recreational Fishery; Emergency Rule, See Federal Transit Administration 51092–51093 See Maritime Administration NOTICES Environmental Impact Statements; Availability, etc.: Treasury Department Essential Fish Habitat (EFH) Components of Fishery NOTICES Management Plans, etc., 51126–51128 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 51218–51219 National Park Service PROPOSED RULES U.S. Customs and Border Protection Special Regulations, Areas of the National Park System, NOTICES Grand Teton National Park, 51099–51102 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 51163–51164 Meetings: Flight 93 National Memorial Advisory Commission, Veterans Affairs Department 51168 PROPOSED RULES National Register of Historic Places: Loan Guaranty: Notification of Pending Nominations and Related Assistance to Eligible Individuals in Acquiring Specially Actions, 51168–51169 Adapted Housing, 51103–51111 Weekly Listing of Historic Properties, 51168

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Reader Aids To subscribe to the Federal Register Table of Contents Consult the Reader Aids section at the end of this page for LISTSERV electronic mailing list, go to http:// phone numbers, online resources, finding aids, reminders, listserv.access.gpo.gov and select Online mailing list and notice of recently enacted public laws. archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

7 CFR 1205...... 51069 Proposed Rules: 1205...... 51094 12 CFR 1212...... 51073 14 CFR 73...... 51076 Proposed Rules: 71...... 51098 21 CFR Proposed Rules: 4...... 51099 33 CFR 117...... 51077 36 CFR Proposed Rules: 7...... 51099 38 CFR Proposed Rules: 36...... 51103 39 CFR 3020...... 51078 44 CFR 64...... 51082 48 CFR Proposed Rules: 9...... 51112 12...... 51112 52...... 51112 49 CFR 665...... 51083 50 CFR 648...... 51092

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Rules and Regulations Federal Register Vol. 74, No. 191

Monday, October 5, 2009

This section of the FEDERAL REGISTER Executive Order 12988 of its provisions. This rule would add a contains regulatory documents having general This final rule has been reviewed new subpart and establish procedures applicability and legal effect, most of which for all such referenda. The subpart are keyed to and codified in the Code of under Executive Order 12988, Civil Justice Reform. It is not intended to covers definitions, voting, instructions, Federal Regulations, which is published under ballots, the referendum report, and 50 titles pursuant to 44 U.S.C. 1510. have retroactive effect. This final rule would not preempt any state or local confidentiality of information. The Code of Federal Regulations is sold by laws, regulations, or policies, unless USDA will keep cotton producers and the Superintendent of Documents. Prices of they present an irreconcilable conflict importers who are eligible to vote new books are listed in the first FEDERAL with this rule. The Act provides that informed throughout the referendum REGISTER issue of each week. administrative proceedings must be process to ensure that they are aware of and are able to participate. USDA will exhausted before parties may file suit in also publicize information regarding the court. Under section 12 of the Act, any DEPARTMENT OF AGRICULTURE referendum process so that trade person subject to an order may file with associations and related industry media the Secretary of Agriculture (Secretary) Agricultural Marketing Service can be kept informed. a petition stating that the order, any Voting in a referendum is optional; 7 CFR Part 1205 provision of the plan, or any obligation however, if cotton producers and imposed in connection with the order is [Doc. AMS–CN–09–0027; CN–08–003] importers choose to vote, the burden of not in accordance with law and voting is minimal and necessary to requesting a modification of the order or Cotton Research and Promotion determine whether or not they favor the Program: Referendum Procedures to be exempted therefrom. Such person action to be taken with regards to the is afforded the opportunity for a hearing Order or any of its provisions. AGENCY: Agricultural Marketing Service. on the petition. After the hearing, the In accordance with the Office of ACTION: Final rule. Secretary would rule on the petition. Management and Budget (OMB) The Act provides that the District Court regulation 5 CFR part 1320 that SUMMARY: This final rule establishes of the United States in any district in implements the provisions of the procedures which the Department of which the person is an inhabitant, or Paperwork Reduction Act of 1995 (44 Agriculture (USDA) will use in has his principal place of business, has U.S.C. Chapter 35) the information conducting a referendum considering jurisdiction to review the Secretary’s collection requirements concerning amendments to the Cotton Research and ruling, provided a complaint is filed procedures to conduct referenda in Promotion Order (7 CFR part 1205) within 20 days from the date of the connection with the Cotton Research (Order) implementing section 14202 of entry of ruling. and Promotion Order has been the Food, Conservation, and Energy Act previously approved by OMB and of 2008, hereinafter the ‘‘2008 Farm Regulatory Flexibility Act and assigned OMB Control Number 0581– Bill.’’ USDA is considering amendments Paperwork Reduction Act 0093. to the Order in a separate action. Pursuant to requirements set forth in USDA considered electronic voting, Referenda among cotton producers and the Regulatory Flexibility Act (RFA) [5 but the use of computers is not cotton importers are required by the U.S.C. 601–612], the Agricultural universal. Conducting the referendum Cotton Research and Promotion Act Marketing Service has considered the from Farm Service Agency county (Act) to implement, amend, continue, or economic effect of this action on small offices and the USDA, Washington, DC when appropriate to suspend or entities and has determined that its office would be more cost-effective and terminate the Order or any of its implementation will not have a reliable. provisions. The provisions of this rule significant economic impact on a would be used for all such referenda. substantial number of small entities. Background DATES: Effective Date: October 6, 2009. There are currently approximately The Act established a national cotton FOR FURTHER INFORMATION CONTACT: 18,000 producers, and approximately research and promotion program— Shethir M. Riva, Chief, Research and 16,000 importers that are subject to the administered by the Board—that is Promotion Staff, Cotton and Tobacco order. In 13 CFR part 121, the Small financed through cotton producer and Programs, AMS, USDA, Stop 0224, 1400 Business Administration (SBA) defines cotton importer industry assessments Independence Ave., SW., Room 2637–S, small agricultural producers as those and subject to oversight by AMS. This Washington, DC 20250–0224, telephone having annual receipts of no more than program of promotion, research, and (202) 720–6603, facsimile (202) 690– $750,000 and small agricultural service consumer information is designed to 1718, or e-mail at firms (handlers) as those having annual strengthen the position of cotton in the [email protected]. A copy of receipts of no more than $7.0 million. marketplace and to establish, maintain, this final rule may also be found at: The majority of these producers and and expand markets for Upland cotton. http://www.regulations.gov. importers are small businesses under The program is funded by assessments SUPPLEMENTARY INFORMATION: the criteria established by the SBA. levied on each bale or bale equivalent of This final rule establishes the cotton at a rate of $1 per bale with a Executive Order 12866 procedures under which cotton supplemental assessment not to exceed The Office of Management and Budget producers and importers vote on one percent of the value of lint of each (OMB) has waived the review process whether to implement, amend, bale. required by Executive Order 12866 for continue, or when appropriate to The 2009 Board is composed of 38 this action. suspend or terminate the Order or any members and 38 alternate members (23

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producer and 15 importer members and language, these comments have merit. Subpart—Referendum Procedures alternate members) and one consumer We have revised the provision to advisor. The Act directed the Board to include the more appropriate language § 1205.200 General. contract with a separate organization to presented in order to make clear the Referenda for the purpose of conduct the research and promotion applicable general eligibility ascertaining whether producers and projects. The Board contracts with requirements. Finally, the commenters importers favor the issuance, Cotton Incorporated (CI) to conduct the noted that the definition of importer continuance, amendment, suspension, Program. CI uses assessment dollars to was not limited by a designated period. or termination of the Cotton Research advance the quality of and demand for We are amending for clarity the and Promotion Order shall be cotton fiber through its operating definition of importer to include the conducted in accordance with this divisions: (1) Global Product Marketing, appropriate timeframe. subpart. (2) Consumer Marketing, (3) In addition, USDA has included a Agricultural Research and (4) Textile § 1205.201 Definitions. clarifying change to the language of (a) Act means the Cotton Research and Research, and (5) Strategic Planning. section 1205.204 concerning producers This final rule would establish Promotion Act, as amended (7 U.S.C. who grow Upland cotton in more than procedures which the USDA will use in 2101–2118; Pub. L. 89–502, as one county and identification of their conducting referenda under the Act. amended). USDA is proposing amendments to the voting office. (b) Administrator means the Order to implement section 14202 of the Pursuant to 5 U.S.C. 553, it is found Administrator of the Agricultural 2008 Farm Bill (see Secretary’s Decision and determined good cause that good Marketing Service, or any officer or published in the same issue of the cause exists for not postponing the employee of USDA to whom authority Federal Register). Referendum effective date of the rule until 30 days has been delegated to act in the procedures would need to be in place after publication in the Federal Register Administrator’s stead. prior for the industry to vote and in order to conduct a referendum (c) Agricultural Marketing Service also consider these amendments. Referenda considering amendments implementing referred to as ‘‘AMS’’ means the among cotton producers and cotton section 14202 of the 2008 Farm Bill Agricultural Marketing Service of the importers are required by the Act to (Pub. L. 110–246) and to conform to the Department. implement, amend, continue, or when timeline contained in that section as (d) Cotton means all Upland cotton appropriate, to suspend, or to terminate closely as possible. harvested in the United States or the Order or any of its provisions. imports of Upland cotton, including the A proposed rule with a request for List of Subjects in 7 CFR Part 1205 Upland cotton content of the products comments was published in the Federal Advertising, Agricultural research, derived thereof. The term cotton shall Register on June 4, 2009 (74 FR 26810), Cotton, Marketing agreements, not, however, include any entry of with a 10-day comment period. AMS Reporting and recordkeeping imported cotton by an importer which received two comments, one from a requirements. has a value or weight less than the de cotton growers association and one from minimis value established by the a national cotton industry organization. ■ For the reasons set forth in the Secretary or industrial products as that Both comments were in general preamble 7 CFR part 1205 is amended term is defined by regulation. agreement of the proposed referendum as follows: (e) Upland Cotton means all procedures and offered the same cultivated varieties of the species suggested changes to the sections PART 1205—COTTON RESEARCH Gossypium hirsutum L. 1205.202 and 1205.203. AND PROMOTION (f) Department means the U.S. The commenters recommended Department of Agriculture. correction of duplicative language in ■ 1. The authority citation for part 1205 (g) Deputy Administrator means the section 1205.202 and a reversal of continues to read as follows: Deputy Administrator for Field paragraph titles in section 1205.203(a) Authority: 7 U.S.C. 2101–2118 and 7 Operations and also referred to as and (b). Both of these changes have U.S.C. 7401. ‘‘DAFO.’’ merit and the appropriate changes are (h) Farm Service Agency also referred made in this action. ■ 2. Part 1205 is amended by adding a to as ‘‘FSA’’ means the Farm Service The commenters also offered changes new Subpart, consisting of §§ 1205.200 Agency of the Department. for section 1205.203(a) to clarify through 1205.210, to read as follows: (i)(1) Importer means any person who language concerning eligibility Subpart—Procedures for the Conduct of enters, or withdraws from warehouse, requirements, especially those Referenda in Connection With Cotton cotton for consumption in the customs concerning the specified timeframe Research and Promotion Order territory of the United States and who, needed to import Upland cotton in during a 12-month period ending no Sec. order for an importer to be eligible to later than 90 days prior to the conduct vote in a referendum. The commenters 1205.200 General. 1205.201 Definitions. of the referendum, imported Upland believed that the proposed language was 1205.202 Agencies through which a cotton, and not complete and offered two referendum shall be conducted. (2) the term import means any such alternatives to revise the provision. 1205.203 Voting eligibility. entry. Proposed section 1205.203(a) provided 1205.204 Voting. (j) Order means the Cotton Research general eligibility requirements that (1) 1205.205 Canvass of ballots. and Promotion Order. each person who was engaged in the 1205.206 Reporting results of referendum. (k) Person means any individual 18 production of Upland cotton during the 1205.207 Challenge of correctness of county years of age or older, or any partnership, representative period; and (2) each summary of ballots. corporation, association, or any other person who is an importer of Upland 1205.208 Disposition of ballots and records. entity. cotton and imported Upland cotton 1205.209 Confidential Information. (l) Producer means any person who during the representative period were 1205.210 Additional instructions and shares in a cotton crop, or in the eligible to vote. Upon review of this forms. proceeds thereof, as an owner of the

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farm, cash tenant, landlord of a share completed is designated as the cotton in the voters share of cotton tenant, share tenant, or sharecropper, representative period, the amount of imported from each such importer that planted the cotton during the Upland cotton produced shall be entity: Provided, that only the importer representative period. determined by the FSA county office on entities for which records are (m) Representative Period means the the basis of the acreage planted or in the maintained by CBP or other source period designated by the Secretary case of approved prevented plantings determined by the Administrator shall pursuant to section 8 of the Act (7 under the disaster payment program, the be considered unless the voter, prior to U.S.C. 2107). acreage the person intended to plant up the expiration of the referendum period, (n) Secretary means the Secretary of to the allotted acreage as determined by establishes to the satisfaction of the Agriculture or any other officer or the FSA county office, and the Administrator the voters share, in employee of the Department of established yield for FSA program weight or value, of the imported cotton. Agriculture to whom there has payment purposes: Provided, That on (b) Farm Service Agency. Except for heretofore been delegated, or to whom farms for which an established yield has the functions specified in paragraph (a) there may be hereafter be delegated, the not been established, the county of this section the Deputy Administrator authority to act in the Secretary’s stead. committee shall determine an shall be in charge of and responsible for (o) State means each of the 50 states. established yield based on actual conducting the referendum. Each FSA (p) United States means 50 states of production records on the farm for the county office shall be in charge and the United States of America. preceding three years, as adjusted for responsible for conducting such (q) Customs and Border Protection any abnormal conditions, if available; if referendum in its State. Each county means the U.S. Customs and Border not available, on the basis of yield on office shall be responsible for the proper Protection of the Department of similar farms in the area. holding of such referendum in its Homeland Security. Customs and (ii) On farms in which more than one county. It shall be the duty of each FSA Border Protection is also referred to as eligible voter is engaged in production, county office to conduct each ‘‘CBP.’’ the vote cast by each voter shall referendum in a fair, unbiased, and § 1205.202 Agencies through which a represent only the amount of Upland impartial manner in accordance with referendum shall be conducted. cotton that is the voter’s share of the the regulations in this subpart. (a) Agricultural Marketing Service. crop, or proceeds thereof. (iii) If an eligible voter is engaged in § 1205.203 Voting eligibility. The Administrator shall: (a) General eligibility requirements. (1) Determine the referendum period. production of Upland cotton on more (2) Give producers and importers than one farm, such voter is entitled to The following persons shall be eligible reasonable advance notice of the only one vote but any vote cast by such to vote in an announced referendum— (1) each person who was engaged in referendum voter shall represent the total amount of (i) by utilizing without advertising Upland cotton that is that voter’s share the production of Upland cotton during expense, available media of public of the crop, or proceeds thereof, on all the representative period; and information (including, but not being such farms: Provided, That only farms (2) each person who is an importer of limited to, press and radio facilities) to for which records are maintained by the Upland cotton and who, during a 12- announce the dates, places, or methods FSA county office designated as the month period ending no later than 90 of voting, and other pertinent voter’s polling place shall be considered days prior to the conduct of the information, and unless the voter, prior to the expiration referendum, imported Upland cotton. (ii) by such other means as the of the referendum period, establishes to (b) Special eligibility requirements. Administrator may deem advisable. the satisfaction of such county office the (1)(i) A person may qualify as an eligible (3) Provide ballots and related voter’s share of the crop, or proceeds voter by meeting the eligibility material to be used in the referendum to thereof, on an additional farm or farms. requirements, but no such person shall FSA. The ballots: (5) Make available to importers be entitled to more than one vote (i) shall provide for recording through FSA instructions on voting, an regardless of the number of importing essential information for ascertaining appropriate ballot and, except in the entities or Upland cotton farms in whether the person voting is an eligible case of a referendum on the termination which the person is interested or the voter, and or suspension of an order, a summary of number of communities, counties, or (ii) may provide for recording the total the terms and conditions of the order. States in which are located farms in amount of Upland cotton produced by The instructions on voting shall explain which such person is interested: the producer or the total amount of the appropriate method to be used in Provided, however, That the individual cotton imported by the importer during determining the amount of cotton members of a qualified partnership shall the appropriate representative period. imported during the representative each have one vote, but the partnership (4) Make available to producers period and specify whether such as such shall not have a vote and an through FSA county offices instructions amount is to be entered on the ballot. If individual who qualifies as an eligible on voting, an appropriate ballot and, applicable, the following terms and voter by reason of that individual’s except in the case of a referendum on conditions apply: separate farming or importing the termination or suspension of an (i) For importer entities in which operations will be entitled to one vote order, a summary of the terms and more than one importer is eligible to even though that person is interested in conditions of the order. The instructions vote, the vote cast by each importer an entity such as (but not limited to) a on voting shall explain the method to be shall represent only the amount in corporation which is also eligible as a used in determining the amount of weight or value of cotton imported by voter and entitled to one vote. A person Upland cotton produced during the each eligible voter. who, as a guardian, administrator, representative period and shall specify (ii) If an eligible importer is engaged executor, or trustee engages in the whether such amount is to be entered in importation of cotton as more than production of Upland cotton or on the ballot by the voter, subject to the one importer entity, such voter is importation of cotton will be eligible to following terms and conditions: entitled to only one vote but any vote vote in such a fiduciary capacity if, in (i) If a current production year for cast by such voter shall represent the such a capacity, that person qualifies as which harvesting has not been total amount in weight or value, of an eligible voter.

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(ii) In such cases the person for whom based on the major portion of the may be later challenged by FSA county he or she is acting in a fiduciary operation’s location. The U.S. office or a representative of FSA, capacity will not be eligible to vote. An Department of Agriculture, FSA, DAFO, envelopes containing ballots received at individual may, if otherwise eligible, P.O. Box 23704, Washington, DC 20026– the polling place during the referendum cast a ballot in his or her individual 3704 shall be the polling place for all period shall remain unopened and shall capacity although that person may also cotton importers. be placed immediately in a ballot box cast a ballot as a guardian, (b) Register of eligible voters. The FSA provided by FSA for producers and administrator, executor, or trustee. An county office shall establish a register of importers. Such ballot box shall be individual who holds more than one known eligible producer voters prior to arranged so that ballots cannot be read fiduciary position may vote as a the referendum. AMS shall establish a or moved without breaking the seal on fiduciary in each case in which that register of known eligible importer the container. person is otherwise eligible, as for voters prior to the referendum and example, if an individual is provide the list to FAS. § 1205.205 Canvass of ballots. administrator of estate X, he or she may (c) Voting. (1) For Upland producers (a) Canvassing procedure. Canvassing cast a ballot as administrator of estate X, to vote, eligible persons may obtain of returned ballots shall take place as and if the same individual is form CN–100 in-person, by mail or by soon as possible after the opening of the administrator of estate Y, he or she may facsimile from FSA county offices or FSA offices on the fifth day following cast another ballot as administrator or through the Internet during the voting the close of the referendum period. estate Y. period. A completed and signed CN–100 Such canvassing shall be in the (2) Where a group of several persons, and supporting documentation, such as presence of at least one member of the such as a spouse or marital partner, and a sales receipt or remittance form, must FSA county office for producer ballots children, or unrelated individuals, are be returned to the appropriate FSA or an FSA representative for importer engaged in the production of Upland county office. Forms obtained via the ballots and shall be open to the public. cotton under the same lease or cropping Internet will be located at http:// The canvassing and ballots shall be agreement, only the person or persons www.ams.usda.gov/Cotton. Upon handled in such a manner so that no who signed or entered into the lease or request by Upland producers, ballots member of the public may see how any cropping agreement shall be eligible to shall be mailed by FSA county offices. person voted in the referendum. The vote. In the event two or more persons (2) For cotton importers to vote, county office or FSA representative are engaged in the production of Upland eligible persons may obtain form CN– shall supervise the opening of the sealed cotton as joint tenants, tenants in 100 in-person, by mail or by facsimile ballot box, the opening of the envelopes common, or owners of community from USDA, FSA in Washington, D.C. or containing the ballots and a property, each such person shall be through the Internet during the voting determination as to: entitled to one vote if otherwise period. In addition, before the (1) The number of eligible voters qualified. For example, a husband or a referendum, USDA shall mail a request favoring the Order and where necessary, wife is eligible to vote if he or she shares form to each known, eligible, cotton the amount of cotton represented by with his or her spouse in the proceeds importer. A completed and signed CN– them, of the required crop as an owner, cash 100 and supporting documentation of (2) The number of eligible voters tenant, share tenant, sharecropper or CBP Form 7501, must be returned disapproving the Order and, where landlord of a fixed rent, standing rent or USDA, FSA, DAFO, P.O. Box 23704, necessary, the amount of cotton share tenant. Thus, if a husband and Washington, DC 20026–3704. Forms represented by them. wife are tenants or sharecropper on a obtained via the Internet will be located (3) The number of ballots cast by farm, jointly responsible under the at http://www.ams.usda.gov/Cotton. voters found to be ineligible to vote in rental or sharecropping agreement, both (d) Returning ballot to polling place. the referendum, and are eligible to vote. This is true whether Each person to whom a ballot is issued (4) The number of spoiled ballots. The the rental or sharecropping agreement is by Internet, mail, facsimile, or in-person ballots determined to be spoiled or cast written, signed by both parties, or oral, shall only be allowed to vote in the by ineligible voters shall not be provided both husband and wife made referendum by completing and signing considered as approving or the oral agreement. A minor is not the ballot, placing it in an envelope, and disapproving the Order, and the persons disqualified from voting solely because delivering or mailing it to the who cast such ballots shall not be of minority if otherwise eligible and the appropriate polling place. In order to be regarded as participating in the minor is not less than 18 years of age. eligible for tabulation, voted ballots referendum. (c) Voting by proxy prohibited. There must be received at the polling place (b) Spoiled ballots. A ballot shall be shall be no voting by proxy or agent but during the period established for considered as a spoiled ballot if: a duly authorized officer of a holding the referendum. A ballot shall (1) It is mutilated or marked in such corporation, association or their legal be considered to have been received a way that it is not possible to determine entity may cast its vote. during the referendum period if: with certainty how the ballot was (1) In the case of the ballot delivered intended to be counted, or § 1205.204 Voting. to the polling place, it was received in (2) It does not contain the signature of (a) Place of voting. The FSA county the office prior to the close of the work the voter, or the voter’s properly office serving the county in which the day on the final day of the referendum witnessed mark. producer’s farm is located shall be the period, or (c) Challenge of ballots. A producer producer’s polling place. For a person (2) In the case of the mailed ballot, it ballot may be challenged by the member not participating in an FSA program, the was postmarked not later than midnight of the FSA county office and the opportunity to vote in a referendum will of the final day of the referendum importer ballot may be challenged by be provided at the FSA county office period and was received in the polling the representative of FSA. Before a serving the county where the person place prior to the start of canvassing the challenged ballot is either counted or owns or rents land. If a person’s ballots. declared invalid, a determination shall operation is located in several counties, (e) Placing ballots in ballot box. be made by the FSA county office or the voting office shall be determined Notwithstanding the fact that a ballot(s) representative of FSA as to the

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eligibility of the voter to vote in the the vote of any person covered under Enterprises Financial Safety and referendum. the Order and the voter list shall be Soundness Act of 1992 (12 U.S.C. 4501 strictly confidential and shall not be et seq.) (Safety and Soundness Act) to § 1205.206 Reporting results of referendum. disclosed. establish FHFA as an independent agency of the Federal Government.1 (a) Each FSA county office shall § 1205.210 Additional instructions and FHFA was established to oversee the forms. transmit a written county summary of prudential operations of the Federal ballots showing the results of the AMS is hereby authorized to prescribe National Mortgage Association and the referendum in its county to its State additional instructions and forms not Federal Home Loan Mortgage office. inconsistent with the provisions of this Corporation (collectively, the (b) Each State office shall transmit a subpart for the use of State and County Enterprises), and the Federal Home written summary of the referendum FSA offices in conducting a referendum. Loan Banks (Banks) (collectively, the results from the county offices within its Such additional instructions may regulated entities), and to ensure that State to DAFO, and DAFO will provide include procedures for FSA county and they operate in a safe and sound manner a copy to the AMS. AMS will make the State offices to report and announce the including being capitalized adequately; results available for public inspection results of the preliminary count of the foster liquid, efficient, competitive and for a period of 5 years following the end votes in the county and the State. resilient national housing finance of the referendum period. (c) AMS shall prepare and submit to Dated: September 28, 2009. markets; comply with the Safety and the Secretary a report as to the results Rayne Pegg, Soundness Act and rules, regulation, of the referendum. The Secretary shall Administrator, Agricultural Marketing guidelines and orders issued under the then publically proclaim the results of Service. Safety and Soundness Act, and the the referendum. [FR Doc. E9–23831 Filed 10–2–09; 8:45 am] respective authorizing statutes of the BILLING CODE P regulated entities; and carry out their § 1205.207 Challenge of correctness of missions through activities authorized county summary of ballots. and consistent with the Safety and The FSA state offices shall make a FEDERAL HOUSING FINANCE Soundness Act and their authorizing prompt investigation and decision in AGENCY statutes; and, that the activities and case of any dispute or challenge operations of the regulated entities are regarding the correctness of the county 12 CFR Part 1212 consistent with the public interest. summary of ballots in any county: FHFA also has regulatory authority over Provided, That no dispute of challenge RIN 2590–AA19 the Office of Finance under 12 U.S.C shall be investigated unless it is brought Post-Employment Restriction for 4511. to the attention of the State FSA office Senior Examiners II. Proposed Rulemaking within 3 days after receipt by the FSA State office of the county summary of AGENCY: Federal Housing Finance Section 6303(b) of the Intelligence ballots from such county. Agency. Reform and Terrorism Prevention Act of ACTION: Final rule. 2004, Public Law No. 108–458 (Dec. 17, § 1205.208 Disposition of ballots and 2004), in amending section 10 of the records. SUMMARY: The Federal Housing Finance Federal Deposit Insurance Act, The FSA county office shall seal the Agency (FHFA) is issuing a final established a post-employment voted ballots, challenged ballots found regulation that sets forth a one-year restriction for senior examiners of the to be ineligible, spoiled ballots, register post-employment restriction for senior Office of the Comptroller of the sheets, and summary sheets for the examiners of FHFA pursuant to the Currency, Federal Reserve System, county in one or more envelopes or Federal Housing Enterprises Financial Federal Deposit Insurance Corporation, packages, plainly marked with the Safety and Soundness Act of 1992, and Office of Thrift Supervision.2 In identification of the referendum, the which provides that each examiner of response, the Board of Governors of the date and the names of the county and FHFA shall be subject to the same Federal Reserve System (Federal State, and place them under lock and disclosures, prohibitions, obligations, Reserve) and the other financial key in a safe place under the custody of and penalties applicable to examiners regulators issued regulations on the FSA county office for a period of 45 employed by the Federal Reserve Banks. November 17, 2005, to reflect the new days after the referendum period. If no DATES: The final regulation is effective post-employment restriction. notice to the contrary is received by the November 4, 2009. The Safety and Soundness Act end of such time, and after the ballots FOR FURTHER INFORMATION CONTACT: provides that each examiner of FHFA and other records have been examined Janice A. Kullman, Assistant General ‘‘shall be subject to the same by a representative of the State FSA disclosures, prohibitions, obligations office, the voted ballots and challenged Counsel, telephone (202) 414–8970 (not a toll-free number), Federal Housing and penalties as are applicable to ballots shall be destroyed, but the examiners employed by the Federal registers and county summary sheets Finance Agency, Fourth Floor, 1700 G Street, NW., Washington, DC 20552. The Reserve Banks.’’ 12 U.S.C. 4517(e). In shall be filed for a period of 5 years in light of that provision, FHFA published the office of the FSA county office. telephone number for the Telecommunications Device for the Deaf a proposed Post-Employment § 1205.209 Confidential information. is (800) 877–8339. Restriction for Senior Examiners regulation for public comment in the (a) The ballots cast or the manner in SUPPLEMENTARY INFORMATION: Federal Register, 74 FR 27470 (June 10, which any person voted and all 2009). The proposed regulation set forth information furnished to, compiled by, I. Background or in the possession of the referendum The Housing and Economic Recovery 1 See Division A, titled the ‘‘Federal Housing agent shall be regarded as confidential. Act of 2008 (HERA), Public Law No. Finance Regulatory Reform Act of 2008,’’ Title I, (b) The ballots and other information 110–289, 122 Stat. 2654 (2008), Section 1101 of HERA. or reports that reveal, or tend to reveal, amended the Federal Housing 2 12 U.S.C. 1820(k).

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a post-employment restriction that is Subpart B—Post-Employment • Assigned continuing, broad and essentially the same as the restriction in Restriction for Senior Examiners lead responsibility for examining a regulated entity or the Office of Finance; the post-employment regulation of the Section 1212.1 Purpose and Scope Federal Reserve at 12 CFR part 264a. and • The Federal Reserve relies on section 8 Section 1212.1 provides that the Assigned responsibilities for of the Federal Deposit Insurance Act (12 purpose of subpart B is to set forth examining, inspecting, and supervising U.S.C. 1818) for the penalty special post-employment restrictions for the regulated entity or the Office of enforcement section of its regulation. senior examiners. These restrictions are Finance that— Æ Represents a substantial portion of The proposed regulation relied on in addition to the post-employment the employee’s assigned similar provisions in section 1376 and restriction for FHFA employees under section 12 U.S.C. 4523, which is responsibilities; and 1377 of the Safety and Soundness Act Æ restated in 5 CFR part 9001. The post- Requires the employee to interact (12 U.S.C. 4636 and 4636a, employment restriction applicable to routinely with officers or employees of respectively). Specifically, the FHFA employees under 12 U.S.C. 4523 the regulated entity or the Office of regulation, as proposed, prohibited a provides that officers and employees of Finance. senior examiner from knowingly FHFA who are compensated at a certain To be considered a ‘‘senior accepting compensation as an salary level are not permitted to accept examiner,’’ an employee must meet each employee, officer, director, or compensation from the Federal National of the criteria listed above. Thus, an consultant of a regulated entity or the Mortgage Association and the Federal examiner who spends a substantial Office of Finance for one year after Home Loan Mortgage Corporation for a portion of his or her time conducting or leaving the employment of FHFA if he period of two years after leaving FHFA. leading a targeted examination, but who or she has examined the regulated entity does not have broad and lead or the Office of Finance for two or more Section 1212.2 Definitions responsibility for the overall months during the last 12 months of This section sets forth definitions examination program with respect to a employment at FHFA. applicable to subpart B. regulated entity or the Office of Finance is not a ‘‘senior examiner’’ with respect Consultant is defined as a person who to that regulated entity or the Office of III. Final Rulemaking works directly on matters for, or on Finance. An examiner who divides his behalf of, a regulated entity, or the In response to the request for public or her time across a portfolio of Office of Finance. comment, FHFA received one comment regulatory entities, each of which does Director means the Director of FHFA from a member of the public. The not represent a substantial portion of the comment recommended that that the or his or her designee. examiner’s responsibilities, also is not a one-year post-employment restriction Employee is defined as an officer or ‘‘senior examiner.’’ Such an examiner is period be expanded to five years. It also employee of FHFA, including a special not likely to develop the type and Government employee. recommended that the post-employment degree of relationship with any one Federal Home Loan Bank or Bank is restriction be expanded to include regulated entity or the Office of Finance defined as a Bank established under the employment in any related industry, not that the post-employment restriction is Federal Home Loan Bank Act; the term just the regulated entity that the senior designed to address. FHFA believes that ‘‘Federal Home Loan Banks’’ means, an examiner has continuing examiner inspects, supervises, or collectively, all the Federal Home Loan examines. responsibility for a regulated entity or Banks. the Office of Finance only when the FHFA has considered this comment Office of Finance is defined as the examiner’s responsibilities for the and has determined not to expand the Office of Finance of the Federal Home regulated entity or the Office of Finance post-employment restriction as Loan Bank System. are expected to continue for a period of recommended. Expansion of the Regulated entity is defined as the time that enables the examiner to restriction would make the FHFA post- Federal National Mortgage Association develop a meaningful, dedicated, and employment restriction inconsistent and any affiliate thereof, the Federal sustained relationship with the with that of the Federal Reserve. Home Loan Mortgage Corporation and regulated entity or the Office of Finance. Further, FHFA believes that the any affiliate thereof, or any Federal FHFA believes that such a period of recommended expansion of the Home Loan Bank; the term ‘‘regulated time is at least two months. restriction is not needed to ensure entities’’ means, collectively, the To help examiners comply with the public trust in the impartiality and Federal National Mortgage Association post-employment restrictions, the objectivity of FHFA’s actions. Therefore, and any affiliate thereof, the Federal designated agency ethics official the proposed regulation is adopted as a Home Loan Mortgage Corporation and (DAEO) or the alternate DAEO will final regulation without change. any affiliate thereof, and the Federal notify examiners in writing if they are Home Loan Banks. subject to either the one-year post- IV. Section-by-Section Analysis Safety and Soundness Act is defined employment restriction or the two-year as the Federal Housing Enterprises post-employment restriction under 12 The following is a section-by-section Financial Safety and Soundness Act of U.S.C. 4523, or both. The DAEO or analysis of the regulation. 1992, as amended by the Federal alternate DAEO will also provide Subpart A Housing Finance Regulatory Reform Act examiners information about how to of 2008, Division A of the Housing and conform to one or both of the Subpart A is reserved. FHFA intends Economic Recovery Act of 2008, Public restrictions. to cross-reference the Supplemental Law No. 110–289, 122 Stat. 2654 (2008). The examiner-in-charge (EIC) of a Standards of Ethical Conduct for Senior examiner is defined as an Bank or the Office of Finance will be Employees of the Federal Housing FHFA employee who has been: subject to the one-year post-employment Finance Agency when such standards • Authorized by FHFA to conduct restriction from working at the Bank or are published. examinations or inspections on behalf of Office of Finance for which he or she FHFA; served as EIC, but not necessarily other

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Banks which he or she may examine. In works on matters for, or on behalf of’’ requires the approval of the Office of addition, the portfolio managers, who the relevant regulated entity or the Management and Budget under the each generally oversee four Banks, will Office of Finance. This provision means Paperwork Reduction Act (44 U.S.C. be subject to the one-year post- that a former senior examiner who joins 3501 et seq.). employment restriction for each Bank a consulting or other firm or is self- Regulatory Flexibility Act they oversee. These two groups of employed as a consultant may not, employees are responsible for during the one-year post-employment The Regulatory Flexibility Act (5 establishing the scope of annual exams period, participate in any work that the U.S.C. 601 et seq.) requires that a and assigning the composite rating for firm is conducting for a regulated entity regulation that has a significant the Banks and therefore meet the or the Office of Finance that the former economic impact on a substantial definition of senior examiner. There senior examiner is prohibited from number of small entities, small may be rare instances of other doing directly. The former senior businesses, or small organizations must examiners who meet the definition, but examiner does not, however, violate the include an initial regulatory flexibility an examiner supervising one aspect of post-employment restrictions by joining analysis describing the regulation’s safety and soundness for all the Banks a firm that performs work for such a impact on small entities. Such an does not fall into the definition of the regulated entity or the Office of Finance analysis need not be undertaken if the term ‘‘senior examiner.’’ Such a subject as long as the former senior examiner agency has certified that the regulation matter examiner does not have does not personally participate in any does not have a significant economic substantial enough contacts with any such work. impact on a substantial number of small one particular bank to warrant a post The post-employment restriction does entities. 5 U.S.C. 605(b). FHFA has employment restriction. FHFA estimates not apply to any officer or employee of considered the impact of the regulation that approximately 15 examiners who FHFA or any former officer or employee under the Regulatory Flexibility Act. serve as EICs and portfolio managers for of FHFA who ceased to be an officer or FHFA certifies that the regulation is not the Banks and the Office of Finance are employee of FHFA before the effective likely to have a significant economic ‘‘senior examiners’’ for the purposes of date of subpart B of this part. impact on a substantial number of small this regulation. business entities because the regulation Examiners who examine the Section 1212.4 Waiver is applicable only to employees and Enterprises are subject to the two-year Section 1212.4 allows the Director, at officers and former employees and post employment restriction set forth in the written request of a former senior officers of FHFA, who are not small 12 U.S.C. 4523 if they earn a certain examiner, to waive in writing, entities for purposes of the Regulatory salary, as is every FHFA employee. This application of the one-year post- Flexibility Act. two-year post-employment restriction employment restriction, on a case-by- List of Subjects in 12 CFR Part 1212 subsumes the one-year post- case basis, if the Director determines Administrative practice and employment restriction with respect to that granting the waiver does not affect procedure, Conflicts of interest, Ethics. accepting employment at the the integrity of the supervisory program ■ Enterprises because any examiner who of FHFA. FHFA expects that waivers Accordingly, for the reasons stated in is a ‘‘senior examiner’’ is already will be granted only in special the preamble, under the authority of 12 precluded from accepting employment circumstances. U.S.C. 4526 and 4517(e), FHFA amends from an Enterprise because of his or her 12 CFR Chapter XII by adding part 1212 salary level. While there are currently Section 1212.5 Penalties to Subchapter A to read as follows: approximately 30 examiners whose Section 1212.5 requires FHFA to seek PART 1212—POST-EMPLOYMENT salary is below the threshold that one or both of the following penalties triggers the two-year post-employment RESTRICTION FOR SENIOR against a former senior examiner who EXAMINERS restriction, those examiners do not have violates the one-year post-employment broad and lead responsibility for restriction: Subpart A—[Reserved] examining a regulated entity or the (1) An order removing the individual Office of Finance and therefore do not Subpart B—Post-Employment Restriction from his or her position at, or for Senior Examiners meet the definition of ‘‘senior prohibiting the individual from further examiner.’’ FHFA believes that any Sec. participation in the affairs of, the 1212.1 Purpose and scope. examiner of an Enterprise who is a regulated entity or the Office of Finance ‘‘senior examiner’’ is also subject to the 1212.2 Definitions. for a period of up to five years, and 1212.3 Post-employment restriction for two-year post-employment restriction prohibiting the individual from senior examiners. under 12 U.S.C. 4523. participating in the conduct of the 1212.4 Waiver. Section 1212.3 Post-employment affairs of any regulated entity or the 1212.5 Penalties. restriction for senior examiners Office of Finance for a period of up to Authority: 12 U.S.C. 4526, 12 U.S.C. five years; or (2) a civil money penalty 4517(e). Section 1212.3 prohibits a senior of not more than $250,000. examiner from knowingly accepting The former senior examiner against Subpart A—[Reserved] compensation as an employee, officer, whom FHFA seeks to impose these director, or consultant of a regulated penalties has the procedural rights set Subpart B—Post-Employment entity or the Office of Finance for one forth in 12 U.S.C. 4636 and 4636a, as Restriction for Senior Examiners year after leaving the employment of applicable, and any implementing FHFA if he or she has examined the § 1212.1 Purpose and scope. regulations issued by FHFA. regulated entity or the Office of Finance This subpart sets forth a one-year for two or more months during the last Regulatory Impacts post-employment restriction applicable 12 months of employment at FHFA. to senior examiners of the Federal A person is a consultant for purposes Paperwork Reduction Act Housing Finance Agency (FHFA). This of the one-year post-employment The regulation does not contain any restriction is in addition to the post- restriction if such person ‘‘directly information collection requirement that employment restriction applicable to

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employees of FHFA under 12 U.S.C. regulated entity or the Office of Finance Dated: September 26, 2009. 4523. for two or more months during the last Edward J. DeMarco, 12 months of his or her employment Acting Director. § 1212.2 Definitions. with FHFA may not, within one year [FR Doc. E9–23807 Filed 10–2–09; 8:45 am] For purposes of subpart B of this part, after leaving the employment of FHFA, BILLING CODE 8070–01–P the term: knowingly accept compensation as an Consultant means a person who employee, officer, director, or works directly on matters for, or on consultant from a regulated entity or the DEPARTMENT OF TRANSPORTATION behalf of, a regulated entity or the Office Office of Finance unless the Director of Finance. grants a waiver pursuant to § 1212.4. Federal Aviation Administration Director means the Director of FHFA (b) Effective date. The post- or his or her designee. employment restriction in paragraph (a) 14 CFR Part 73 Employee means an officer or of this section shall not apply to any employee of FHFA, including a special officer or employee of FHFA or any [Docket No. FAA–2009–0490; Airspace Government employee. former officer or employee of FHFA Docket No. 09–AWP–3] Federal Home Loan Bank or Bank who ceased to be an officer or employee RIN 2120–AA66 means a Bank established under the of FHFA before November 4, 2009. Federal Home Loan Bank Act; the term Establishment of Restricted Area § 1212.4 Waiver. ‘‘Federal Home Loan Banks’’ means, R–2502A; Fort Irwin, CA collectively, all the Federal Home Loan At the written request of a senior Banks. examiner or former senior examiner, the AGENCY: Federal Aviation Office of Finance means the Office of Director may waive the post- Administration (FAA), DOT. Finance of the Federal Home Loan Bank employment restriction in § 1212.3 if he ACTION: Final rule. System, or any successor thereto. or she certifies, in writing, and on a Regulated entity means the Federal case-by-case basis, that granting a SUMMARY: This action establishes a National Mortgage Association and any waiver of such restriction does not affect restricted area (R–2502A) at Fort Irwin, affiliate thereof, the Federal Home Loan the integrity of the supervisory program CA, as part of a Department of the Army Mortgage Corporation and any affiliate of FHFA. initiative at the National Training thereof, any Federal Home Loan Bank; Center (NTC). The NTC is being the term ‘‘regulated entities’’ means, § 1212.5 Penalties. expanded to meet the critical need of collectively, the Federal National (a) General. A senior examiner who, the Army for additional training land Mortgage Association and any affiliate after leaving the employment of FHFA, and airspace suitable for maneuvering thereof, the Federal Home Loan violates the restriction set forth in large numbers of military personnel and Mortgage Corporation and any affiliate § 1212.3 shall be subject to one or both equipment. Additionally, the Silver thereof, and the Federal Home Loan of the following penalties— military operation area (MOA) in the Banks. (1) An order: vicinity of the NTC Complex has been Safety and Soundness Act means the (i) Removing the individual from modified as part of this initiative. Federal Housing Enterprises Financial office at the regulated entity or the Unlike restricted areas, which are Safety and Soundness Act of 1992, as Office of Finance or prohibiting the designated under Title 14 Code of amended by the Federal Housing individual from further participation in Federal Regulations (14 CFR) part 73, Finance Regulatory Reform Act of 2008, the affairs of the relevant regulated MOAs are not rulemaking airspace Division A of the Housing and entity or the Office of Finance for a actions. However, since the R–2502A Economic Recovery Act of 2008, Public period of up to five years; and will infringe on the Silver MOA, the Law No. 110–289, 122 Stat. 2654 (2008). (ii) Prohibiting the individual from FAA is including a description of the Senior examiner means an employee participating in the affairs of any Silver MOA change in this rule. The of FHFA who has been: regulated entity or the Office of Finance MOA change described here was (1) Authorized by FHFA to conduct for a period of up to five years; and/or published in the National Flight Data examinations or inspections on behalf of (2) A civil money penalty of not more Digest (NFDD). The Army requested FHFA; than $250,000. these airspace changes to provide the (2) Assigned continuing, broad and (b) Other penalties. The penalties set additional special use airspace (SUA) lead responsibility for examining a above the expanded ground maneuver regulated entity or the Office of Finance; forth in paragraph (a) of this section are not exclusive, and a senior examiner area to facilitate realistic combat and training at the NTC. (3) Assigned responsibilities for who violates the restrictions in § 1212.3 also may be subject to other DATES: Effective Date: 0901 UTC, examining, inspecting and supervising December 17, 2009. the regulated entity or the Office of administrative, civil, or criminal FOR FURTHER INFORMATION CONTACT: Ken Finance that— remedies or penalties as provided in (i) Represents a substantial portion of law. McElroy, Airspace and Rules Group, the employee’s assigned (c) Procedural rights. The procedures Office of System Operations Airspace responsibilities; and applicable to actions under paragraph and AIM, Federal Aviation (ii) Requires the employee to interact (a) of this section are those provided in Administration, 800 Independence routinely with officers or employees of the Safety and Soundness Act under Avenue, SW., Washington, DC 20591; the regulated entity or the Office of section 1376, in connection with the telephone: (202) 267–8783. Finance. imposition of a civil money penalty; SUPPLEMENTARY INFORMATION: under section 1377, in connection with § 1212.3 Post-employment restriction for a removal and prohibition order (12 History senior examiners. U.S.C. 4636 and 4636a, respectively); On July 13, 2009, the FAA published (a) Prohibition. An employee of FHFA and under any regulations issued by in the Federal Register a notice of who serves as the senior examiner of a FHFA implementing such procedures. proposed rulemaking to establish

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Restricted Area R–2502A, Fort Irwin, The Rule Further, the FAA has issued its own CA (74 FR 33382). Interested parties The FAA is amending Title 14 CFR Finding of No Significant Impact were invited to participate in this part 73 to establish Restricted Area R– (FONSI). The FAA’s Adoption of rulemaking effort by submitting written 2502A at Fort Irwin, CA. The U.S. Army Environmental Assessment and FONSI comments on the proposal. No has requested this restricted area are combined into a single document comments were received during the because the existing special use airspace dated August 1, 2008. A copy of the comment period. does not include the airspace above the Adoption of Environmental Assessment Section 73.25 of 14 CFR Part 73 was expanded land maneuver area created to and FONSI document has been inserted republished in FAA Order 7400.8R, support the NTC. This action will into the official docket for this dated February 5, 2009. ensure a safe training environment, rulemaking. Military Operation Area (MOA) isolated from the public, for military air List of Subjects in 14 CFR Part 73 and ground maneuvers from the surface Restricted areas are regulatory Airspace, Prohibited areas, Restricted to the upper limits of restricted airspace. airspace designations, under Title 14 areas. The FAA has determined that this Code of Federal Regulations (CFR) part regulation only involves an established The Amendment 73, which are established to confine or body of technical regulations for which segregate activities considered ■ In consideration of the foregoing, the frequent and routine amendments are hazardous to non-participating aircraft. Federal Aviation Administration necessary to keep them operationally A MOA is a non-rulemaking type of amends 14 CFR part 73 as follows: current. Therefore, this regulation: (1) Is SUA established to separate or segregate not a ‘‘significant regulatory action’’ certain non-hazardous military flight PART 73—SPECIAL USE AIRSPACE under Executive Order 12866; (2) is not activities from aircraft operating in a ‘‘significant rule’’ under Department of ■ 1. The authority citation for part 73 accordance with instrument flight rules Transportation (DOT) Regulatory continues to read as follows: (IFR), and to identify for visual flight Policies and Procedures (44 FR 11034; Authority: 49 U.S.C. 106(g), 40103, 40113, rules (VFR) pilots where those activities February 26, 1979); and (3) does not 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– are conducted. IFR aircraft may be warrant preparation of a regulatory 1963 Comp., p. 389. routed through an active MOA only evaluation as the anticipated impact is when air traffic control can provide so minimal. Since this is a routine § 73.25 [Amended] approved separation from the MOA matter that will only affect air traffic ■ activity. VFR pilots are not restricted 2. § 73.25 is amended as follows: procedures and air navigation, it is from flying in an active MOA, but are * * * * * certified that this rule, when advised to exercise caution while doing promulgated, will not have a significant R–2502A Fort Irwin, CA [New] so. economic impact on a substantial Boundaries. Beginning at lat. 35°25′48″ N., Unlike restricted areas, which are ° ′ ″ ° ′ ″ designated through rulemaking number of small entities under the long. 116 18 48 W.; to lat. 35 25 30 N., long. 116°09′46″ W.; to lat. 35°23′15″ N., procedures, MOAs are non-rulemaking criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules long. 116°09′47″ W.; to lat. 35°06′54″ N., airspace areas that are established ° ′ ″ ° ′ ″ regarding aviation safety is found in long. 116 30 17 W.; to lat. 35 07 00 N., administratively and published in the ° ′ ″ ° ′ ″ Title 49 of the United States Code. long. 116 34 03 W.; to lat. 35 18 45 N., National Flight Data Digest. Normally long. 116°18′48″ W. to point of beginning. Subtitle I, Section 106 describes the MOA actions are not published in a Designated altitudes. Surface to 16,000 feet authority of the FAA Administrator. NPRM, but instead, are advertised for MSL. Subtitle VII, Aviation Programs, public comment through a non-rule Time of designation. Continuous. describes in more detail the scope of the circular that is distributed by an FAA Controlling agency. FAA, Hi-Desert agency’s authority. TRACON, Edwards, CA. Service Center office to aviation This rulemaking is promulgated Using agency. Commander, Fort Irwin, CA. interests in the affected area. However, under the authority described in when a non-rulemaking action is * * * * * Subtitle VII, Part A, Subpart I, Section connected to a rulemaking action, FAA Issued in Washington, DC, on September 40103. Under that section, the FAA is procedures allow for the non- 28, 2009. charged with prescribing regulations to rulemaking action to be included in the Edith V. Parish, assign the use of the airspace necessary Rule. In such cases, the NPRM replaces Manager, Airspace and Rules Group. to ensure the safety of aircraft and the the non-rule circularization efficient use of airspace. This regulation [FR Doc. E9–23879 Filed 10–2–09; 8:45 am] requirement. Because the change to the is within the scope of that authority as BILLING CODE 4910–13–P Silver MOA North was necessary, due to it establishes restricted area airspace at the establishment of the restricted area, Fort Irwin, CA. the MOA was modified to exclude the DEPARTMENT OF HOMELAND airspace contained in R–2502A. Environmental Review SECURITY MOA Change The FAA has determined that the Environmental Assessment (EA) Coast Guard Silver MOA North, CA prepared by the Department of Army Boundaries. Beginning at lat. 35°39′00″ N., associated with the proposed project, is 33 CFR Part 117 ° ′ ″ ° ′ ″ long. 115 53 03 W.; to lat. 35 24 30 N., adequate for adoption in accordance [Docket Number USCG–2009–0857] ° ′ ″ ° ′ ″ long. 115 53 03 W.; to lat. 35 06 50 N., with FAA Order 1050.1E, long. 116°20′00″ W.; to lat. 35°04′30″ N., Drawbridge Operating Regulations; ° ′ ″ ° ′ ″ ‘‘Environmental Impacts: Policies and long. 116 29 00 W.; to lat. 35 07 00 N., Victoria Barge Canal, Bloomington, TX long. 116°34′03″ W.; to point of beginning. Procedures,’’ Paragraph 404d. The FAA Excluding the airspace below 3,000 feet AGL has independently evaluated the AGENCY: Coast Guard, DHS. information contained in the EA and within a 3NM radius of the town of Baker, ACTION: Notice of temporary deviation ° ′ ″ ° ′ ″ takes full responsibility for the scope CA (lat. 35 16 00 N. long. 116 04 33 W.) from regulations. and R2502A. and content that addresses FAA actions.

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SUMMARY: The Commander, Eighth The vertical lift bridge has a vertical product established in Docket No. Coast Guard District, has issued a clearance of 22 feet above high water in MC2008–6.1 In its filing, the Postal temporary deviation from the regulation the closed-to-navigation position and 50 Service also requests to have the instant governing the operation of the Union feet above high water in the open-to- contract designated as the new baseline Pacific Railroad (UPRR) Vertical Lift navigation position. No alternate routes agreement for purposes of determining Span Bridge across the Victoria Barge are available. The closures are necessary the functional equivalence of future IDE Canal, mile 29.4 at Bloomington, to allow for rail joint replacement on the contracts. Id. at 2. For the reasons Victoria County, Texas. The deviation is bridge. As this work is proposed during discussed below, the Commission necessary to allow for joint replacement hurricane season, the work may be approves the addition of the instant on the draw span. This deviation postponed and rescheduled, should any contract to the Competitive Product List provides for the bridge to remain closed tropical storms or hurricanes enter or as a new product, Inbound Direct Entry to navigation for 8 consecutive hours on develop in the Gulf of Mexico. The Contracts with Foreign Postal October 19 and 20, 2009, from 8 a.m. to Coast Guard has coordinated the Administrations 1 (referred to 4 p.m. each day. closures with the commercial users of hereinafter as IDE 1). DATES: This deviation is effective from the waterway. II. Background 8 a.m. on Monday, October 19, 2009 In accordance with 33 CFR 117.35(e), until 4 p.m. on Tuesday, October 20, the drawbridge must return to its regular On August 21, 2009, the Postal 2009. operating schedule immediately at the Service filed a notice pursuant to 39 end of the designated time period. This U.S.C. 3633 and 39 CFR 3015.5 ADDRESSES: Documents mentioned in announcing that it has entered into an this preamble as being available in the deviation from the operating regulations is authorized under 33 CFR 117.35. Inbound Direct Entry (IDE) contract docket are part of docket USCG–2009– with New Zealand Post Limited (NZP), 0857 and are available online by going Dated: September 21, 2009. the public postal operator of New to http://www.regulations.gov, inserting David M. Frank, Zealand. It states that the NZP USCG–2009–0857 in the ‘‘Keyword’’ Bridge Administrator. agreement is functionally equivalent to box and then clicking ‘‘Search.’’ They [FR Doc. E9–23874 Filed 10–2–09; 8:45 am] previously established IDE contracts are also available for inspection or BILLING CODE 4910–15–P filed in Docket Nos. CP2008–14, copying at the Docket Management CP2008–15 and CP2009–41. Id. at 1. The Facility (M–30), U.S. Department of IDE product allows the Postal Service to Transportation, West Building Ground POSTAL REGULATORY COMMISSION provide foreign postal administrations Floor, Room W12–140, 1200 New Jersey with the ability to ship sacks of parcels Avenue, SE., Washington, DC 20590 39 CFR Part 3020 that are pre-labeled for direct entry into between 9 a.m. and 5 p.m., Monday the Postal Service’s mailstream in through Friday, except Federal holidays. [Docket No. CP2009–62; Order No. 296] exchange for applicable domestic FOR FURTHER INFORMATION CONTACT: If postage plus a sack handling fee. The New Postal Product you have questions on this rule, call or core of the service is the sack handling e-mail Phil Johnson, Bridge AGENCY: Postal Regulatory Commission. and entry as domestic mail. Administration Branch, Eighth Coast ACTION: Final rule. The Postal Service also publicly filed Guard District; telephone 504–671– a redacted version of the contract, an 2128, e-mail [email protected]. SUMMARY: The Commission is adding application for non-public treatment of If you have questions on viewing the Inbound Direct Entry Contracts with supporting materials, a certified docket, call Renee V. Wright, Program Foreign Postal Administrations statement required by 39 CFR Manager, Docket Operations, telephone (MC2008–6) to the Competitive Product 3015(c)(2), a redacted version of the 202–366–9826. List. This action is consistent with Governors’ Decision that authorizes IDE SUPPLEMENTARY INFORMATION: The changes in a recent law governing postal contracts, and a redacted version of the Victoria County Navigation District has operations. Republication of the lists of supporting financial information. The requested a temporary deviation from market dominant and competitive contract and supporting financial the operating schedule of the UPRR products is also consistent with new information were filed under seal. Vertical Lift Span Bridge across the requirements in the law. The Notice states that the instant Victoria Barge Canal, mile 29.4 at DATES: Effective October 5, 2009 and is contract is functionally equivalent to the Bloomington, Texas. The vertical lift applicable beginning September 4, 2009. IDE contracts previously submitted, fits bridge has a vertical clearance of 22 feet within the Mail Classification Schedule above high water in the closed-to- FOR FURTHER INFORMATION CONTACT: (MCS) language included in Attachment navigation position and 50 feet above Stephen L. Sharfman, General Counsel, A to Governors’ Decision No. 08–6, and high water in the open-to-navigation 202–789–6820 or should be included within the IDE position. [email protected]. contracts product. Id. at 2. In Order No. Presently, the bridge opens on signal SUPPLEMENTARY INFORMATION: Regulatory 105, the Commission approved the for the passage of vessels. This deviation History, 74 FR 44880 (August 31, 2009). individual IDE contracts in Docket No. allows the draw span of the bridge to I. Introduction MC2008–6 as functionally equivalent remain closed to navigation for 8 II. Background and added the contracts to the consecutive hours between 8 a.m. and 4 III. Comments Competitive Product List as one product p.m. each day on October 19 and 20, IV. Commission Analysis under the IDE classification.2 2009. Navigation on the waterway V. Ordering Paragraphs consists mainly of tugs with tows. Due 1 Notice of United States Postal Service of Filing to prior experience and coordination I. Introduction Functionally Equivalent Inbound Direct Entry with waterway users, it has been The Postal Service requests to add a Contracts Negotiated Service Agreement, August 21, 2009 (Notice). determined that this closure will not new Inbound Direct Entry (IDE) contract 2 See Docket Nos. MC2008–6, CP2008–14 and have a significant effect on these to the Inbound Direct Entry Contracts CP2008–15, Order Concerning Prices Under vessels. with Foreign Postal Administrations Inbound Direct Entry Contracts With Certain

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The Postal Service includes by Representative concludes that the 2009 increase in prices for market reference its arguments regarding the contract appears to be functionally dominant products.8 The contract, functional equivalence to the IDE equivalent to the other contracts within however, contains the rates currently in contracts as indicated in Docket Nos. the IDE contract product (MC2008–6) effect. Additionally, the contract is CP2008–14 and CP2008–15, with three classification, and the contract contains based on Priority Mail commercial rates; noted exceptions. Notice at 3 (footnote pricing incentives and other provisions however, the financial supporting omitted). The instant IDE contract, it beneficial to both the Postal Service and documentation uses Priority Mail retail claims, resembles the contracts in the general public.6 Without opposing rates. These discrepancies did not Docket Nos. CP2008–14 and CP2008–15, the proposal to treat the NZP agreement adversely affect cost coverage for the except as to the provisions on the term, as a new baseline, he does question why contract. The Commission found these confidentiality, and payment account a functionally equivalent agreement same discrepancies in Docket No. details. Id. at 3–4. should create a new baseline. Id. at 4. CP2009–41 and highlighted them in The Postal Service maintains that He underscores that the MCS must Order No. 248.9 some materials should remain under retain precision to preclude erosion of Based on the data submitted and its seal including certain portions of the accountability and transparency. Id. As analysis, the Commission finds that the contract and certified statement a safeguard, he proposes that the Postal agreement should cover its attributable required by 39 CFR 3015.5(c)(2), related Service outline in its future notices of costs (39 U.S.C. 3633(a)(2)), should not financial information, portions of the any functionally equivalent agreement lead to the subsidization of competitive certified statement which contain costs material distinctions and similarities. products by market dominant products and pricing, as well as the Id. (39 U.S.C. 3633(a)(1)), and should have accompanying analyses that provide a positive effect on competitive IV. Commission Analysis prices, terms, conditions, and financial products’ contribution to institutional projections. Id. at 2–3. The three main issues in this costs (39 U.S.C. 3633(a)(3)). Thus, an The Postal Service will notify the proceeding are whether the agreement initial review of the proposed agreement customer of the effective date of the satisfies 39 U.S.C. 3633, and the indicates that it comports with the contact within 30 days after receiving interrelated issue of whether the instant provisions applicable to rates for all regulatory approvals. The contract contract is functionally equivalent with competitive products. Functional equivalence/baseline term is 1 year from the effective date, previously filed IDE contracts; and treatment. The Postal Service asserts but will be renewed automatically until whether it should be classified as a that the instant contract is functionally terminated by the parties. baseline for future IDE contracts.7 In equivalent to the IDE contracts filed In Order No. 289, the Commission reaching its conclusions, the previously because it shares similar cost gave notice of this docket, appointed a Commission has reviewed the Notice, and market characteristics, and Public Representative, and provided the the agreement and the financial analyses therefore the contract should be public with an opportunity to provided under seal, and the Public classified as a single product. Notice at comment.3 Representative’s comments. Statutory requirements. The Postal 3. The Postal Service notes, however, III. Comments Service contends that the instant that the instant contract includes provisions not contained in the earlier Comments were filed by the Public agreement and supporting documents IDE contracts. Id. These differences Representative.4 No other interested filed in this docket establish compliance include: (1) Renewal can result persons submitted comments. The with the statutory provisions applicable automatically, without the parties’ Public Representative states that ‘‘[e]ach to rates for competitive products (39 mutual agreement; (2) confidentiality pertinent element of 39 U.S.C. 3632, U.S.C. 3633). Notice at 2. It asserts that duties that comport with the 3622, and 3642 appears to be met by Governors’ Decision No. 08–6 Commission’s new confidentiality rules, this contract.’’ Id. at 1. He also notes supporting this agreement establishes a and are governed in the text of the that each element of 39 U.S.C. 3633(a) pricing formula and classification that agreement rather than under an annex; appears to be met by this additional IDE ensures each contract meets the criteria and (3) the payment methods that are contract. Id. at 5. The pricing, in light of 39 U.S.C. 3633 and the regulations comparable to the terms in Docket No. of supporting documentation filed promulgated thereunder. It further states CP2008–15, but not other prior IDE under seal, appears adequate and that the previously proposed IDE MCS contracts.10 Id. at 4. compliant.5 Id. The Public language requires each contract to cover its attributable costs. Id. at 3. The Postal Service also requests that the instant contract be considered a new Foreign Postal Administrations, September 4, 2008, During the review of the Postal at 8 (Order No. 105). Service’s financial supporting baseline for future functional equivalent 3 PRC Order No. 289, Notice and Order documentation, the Commission found comparisons ‘‘[b]ecause future IDE Concerning Filing of Functionally Equivalent Contracts are likely to resemble this Inbound Direct Entry Contracts Negotiated Service discrepancies between (a) the supporting financial material, and (b) contract in form and substance. Notice Agreement, August 25, 2009 (Order No. 289). at 2. The Postal Service also explains 4 Public Representative Comments in Response to the contract rate provisions. The United States Postal Service Request to Add financial supporting documentation Inbound Direct Entry Contract to the Competitive 8 See Docket No. R2009–2, Order Approving Products List, September 3, 2009 (Public uses rates in effect prior to the May 11, Revisions in Amended Notice of Market Dominant Representative Comments). The Public Price Adjustment, April 9, 2009. The Postal Service Representative filed an accompanying Motion of the under seal indicates that the instant contract filed rates to become effective May 11, 2009. Public Representative for Late Acceptance of complies with the pricing formula for IDE contracts. 9 Docket No. CP2009–41, Order Concerning Filing Comments in Response to United States Postal 6 Id. at 1 and 3. He also concurs that the of Functionally Equivalent Inbound Direct Entry Service Request to Add Inbound Direct Entry agreement appears to satisfy costing requirements, Contracts Negotiated Service Agreement, July 15, Contract to the Competitive Product List, September but seeks clarity in the process. Id. at 4–5, citing 2009 (Order No. 248). 3, 2009. The motion is granted. 39 CFR 3020.13(b)(3). 10 The present contract differs from Docket No. 5 The Public Representative determines that the 7 Previously, the Commission found the Inbound CP2008–14, which did not use the Centralized Postal Service has provided adequate justification Direct Contracts product to be properly classified as Trust Account payment method, and Docket No. for maintaining confidentiality in this case. Id. at 2. a competitive product. See Order No. 105 at 7; see CP2009–41, which included an annex based on He affirms that his review of the materials filed also 36 U.S.C. 3642(d). foreign financial regulatory requirements.

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that the text of the earlier IDE contracts Postal Administrations’’ shall be created Inbound Single-Piece First-Class Mail contain different extension terms, under the Inbound International International confidentiality, and payment account category appearing in the Competitive Standard Mail (Regular and Nonprofit) detail provisions, and it intends to Product list. This subcategory will High Density and Saturation Letters High Density and Saturation Flats/Parcels incorporate the new provisions into include all individual Inbound Direct Carrier Route subsequent IDE contracts. Thus, it Entry Contracts with Foreign Postal Letters expects ‘‘future IDE Contracts to Administrations products. Flats resemble the instant contract more 2. The existing product titled Not Flat-Machinables (NFMs)/Parcels closely than those in Docket Nos. ‘‘Inbound Direct Entry Contracts with Periodicals CP2008–14 and CP2008–15.’’ Id. at 4. Foreign Postal Administrations Within County Periodicals In lieu of ruling on the functional (MC2008–6, CP2008–14 and CP2008– Outside County Periodicals equivalence of the instant contract to Package Services 15)’’ shall appear under the subcategory Single-Piece Parcel Post those previously filed, the Commission Inbound Direct Entry Contracts with Inbound Surface Parcel Post (at UPU rates) concludes, for reasons of accountability Foreign Postal Administrations until Bound Printed Matter Flats and transparency as suggested by the each of the individual contracts within Bound Printed Matter Parcels Public Representative, that the more this product has expired. Media Mail/Library Mail appropriate outcome is to add the 3. The IDE contract filed in Docket Special Services instant contract to the Competitive No. CP2009–62 is added to the Ancillary Services Product List as a new product, IDE 1. In Competitive Product List as a new International Ancillary Services approving the initial IDE contract, it was Address List Services product, ‘‘Inbound Direct Entry Caller Service the Commission’s expectation that it Contracts with Foreign Postal Change-of-Address Credit Card would be followed by additional IDE Administrations 1 (MC2008–6, CP2009– Authentication contracts that may exhibit sufficient 62)’’ and shall appear under the Confirm variation from the initial contract to subcategory Inbound Direct Entry International Reply Coupon Service warrant being classified as a new Contracts with Foreign Postal International Business Reply Mail Service product, e.g., IDE 2, IDE 3, etc. Given Administrations. Money Orders the Postal Service’s intent to use the 4. The Postal Service shall notify the Post Office Box Service instant contract as a template for future Commission of the scheduled effective Negotiated Service Agreements IDE contracts and that it contains HSBC North America Holdings Inc. date and termination date and update Negotiated Service Agreement provisions not included in the earlier the Commission if the contract Bookspan Negotiated Service Agreement IDE contracts, the Commission will terminates at an earlier date. Bank of America corporation Negotiated label the instant contract as a new 5. The Secretary shall arrange for Service Agreement product, IDE 1. To the extent that future publication of this order in the Federal The Bradford Group Negotiated Service IDE contracts with foreign posts are Register. Agreement (substantially) based on the instant Inbound International contract, the Postal Service may seek to List of Subjects in 39 CFR Part 3020 Canada Post—United States Postal Service have them classified as functionally Administrative practice and Contractual Bilateral Agreement for equivalent. To the extent that such Inbound Market Dominant Services procedure; Postal Service. Market Dominant Product Descriptions future contracts differ substantially, the By the Commission. First-Class Mail Postal Service should file a request, Judith M. Grady, [Reserved for Class Description] pursuant to 39 CFR 3020.1 et seq., to Single-Piece Letters/Postcards Acting Secretary. add a new product to the Competitive [Reserved for Product Description] Product List.11 ■ For the reasons stated in the preamble, Bulk Letters/Postcards Following the current practice, the under the authority at 39 U.S.C. 503, the [Reserved for Product Description] Postal Service shall identify all Postal Regulatory Commission amends Flats significant differences between any new 39 CFR part 3020 as follows: [Reserved for Product Description] IDE contract and the IDE 1 product. Parcels PART 3020—PRODUCT LISTS [Reserved for Product Description] Such differences would include terms Outbound Single-Piece First-Class Mail and conditions that impose new ■ 1. The authority citation for part 3020 International obligations or new requirements on any continues to read as follows: [Reserved for Product Description] party to the contract. In addition, and Inbound Single-Piece First-Class Mail consistent with the current practice, a Authority: 39 U.S.C. 503; 3622; 3631; International redacted copy of Governors’ Decision 3642; 3682. [Reserved for Product Description] Standard Mail (Regular and Nonprofit) No. 08–6 should be included in the new ■ 2. Revise Appendix A to Subpart A of filing. [Reserved for Class Description] Part 3020—Mail Classification Schedule High Density and Saturation Letters V. Ordering Paragraphs to read as follows: [Reserved for Product Description] Appendix A to Subpart A of Part High Density and Saturation Flats/Parcels It is ordered: [Reserved for Product Description] 1. A new subcategory titled ‘‘Inbound 3020—Mail Classification Schedule Carrier Route Direct Entry Contracts with Foreign Part A—Market Dominant Products [Reserved for Product Description] Letters 11 As the Commission recently noted in Order No. 1000 Market Dominant Product List [Reserved for Product Description] 290, ‘[f]uture requests to implement a new baseline First-Class Mail Flats agreement should be filed as an MC docket since Single-Piece Letters/Postcards [Reserved for Product Description] it will result in adding a new product to the product Bulk Letters/Postcards Not Flat-Machinables (NFMs)/Parcels list and may result in removing a product from the product list.’’ Docket No. CP2009–50, Order Flats [Reserved for Product Description] Granting Clarification and Adding Global Expedited Parcels Periodicals Package Services 2 to the Competitive Product List, Outbound Single-Piece First-Class Mail [Reserved for Class Description] August 28, 2009 (Order No. 290). International Within County Periodicals

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[Reserved for Product Description] [Reserved for Product Description] Express Mail & Priority Mail Contract 5 Outside County Periodicals Change-of-Address Credit Card (MC2009–18 and CP2009–25) [Reserved for Product Description] Authentication Express Mail & Priority Mail Contract 6 Package Services [Reserved for Product Description] (MC2009–31 and CP2009–42) [Reserved for Class Description] Confirm Express Mail & Priority Mail Contract 7 Single-Piece Parcel Post [Reserved for Product Description] (MC2009–32 and CP2009–43) [Reserved for Product Description] International Reply Coupon Service Express Mail & Priority Mail Contract 8 Inbound Surface Parcel Post (at UPU rates) [Reserved for Product Description] (MC2009–33 and CP2009–44) [Reserved for Product Description] International Business Reply Mail Service Parcel Select & Parcel Return Service Bound Printed Matter Flats [Reserved for Product Description] Contract 2 (MC2009–40 and CP2009–61) [Reserved for Product Description] Money Orders Parcel Return Service Contract 1 (MC2009– Bound Printed Matter Parcels [Reserved for Product Description] 1 and CP2009–2) [Reserved for Product Description] Post Office Box Service Priority Mail Contract 1 (MC2008–8 and Media Mail/Library Mail [Reserved for Product Description] CP2008–26) [Reserved for Product Description] Negotiated Service Agreements Priority Mail Contract 2 (MC2009–2 and Special Services [Reserved for Class Description] CP2009–3) [Reserved for Class Description] HSBC North America Holdings Inc. Priority Mail Contract 3 (MC2009–4 and Ancillary Services Negotiated Service Agreement CP2009–5) [Reserved for Product Description] [Reserved for Product Description] Priority Mail Contract 4 (MC2009–5 and Address Correction Service Bookspan Negotiated Service Agreement CP2009–6) [Reserved for Product Description] [Reserved for Product Description] Priority Mail Contract 5 (MC2009–21 and Applications and Mailing Permits Bank of America Corporation Negotiated CP2009–26) [Reserved for Product Description] Service Agreement Priority Mail Contract 6 (MC2009–25 and Business Reply Mail The Bradford Group Negotiated Service CP2009–30) [Reserved for Product Description] Agreement Priority Mail Contract 7 (MC2009–25 and Bulk Parcel Return Service Part B—Competitive Products CP2009–31) [Reserved for Product Description] Priority Mail Contract 8 (MC2009–25 and Certified Mail 2000 Competitive Product List CP2009–32) [Reserved for Product Description] Express Mail Priority Mail Contract 9 (MC2009–25 and Certificate of Mailing Express Mail CP2009–33) [Reserved for Product Description] Outbound International Expedited Services Priority Mail Contract 10 (MC2009–25 and Collect on Delivery Inbound International Expedited Services CP2009–34) [Reserved for Product Description] Inbound International Expedited Services 1 Priority Mail Contract 11 (MC2009–27 and Delivery Confirmation (CP2008–7) CP2009–37) [Reserved for Product Description] Inbound International Expedited Services 2 Priority Mail Contract 12 (MC2009–28 and Insurance (MC2009–10 and CP2009–12) [Reserved for Product Description] Priority Mail CP2009–38) Merchandise Return Service Priority Mail Priority Mail Contract 13 (MC2009–29 and [Reserved for Product Description] Outbound Priority Mail International CP2009–39) Parcel Airlift (PAL) Inbound Air Parcel Post Priority Mail Contract 14 (MC2009–30 and [Reserved for Product Description] Royal Mail Group Inbound Air Parcel Post CP2009–40) Registered Mail Agreement Priority Mail Contract 15 (MC2009–35 and [Reserved for Product Description] Parcel Select CP2009–54) Return Receipt Parcel Return Service Priority Mail Contract 16 (MC2009–36 and [Reserved for Product Description] International CP2009–55) Return Receipt for Merchandise International Priority Airlift (IPA) Priority Mail Contract 17 (MC2009–37 and [Reserved for Product Description] International Surface Airlift (ISAL) CP2009–56) Restricted Delivery International Direct Sacks—M–Bags Outbound International [Reserved for Product Description] Global Customized Shipping Services Direct Entry Parcels Contracts Shipper-Paid Forwarding Inbound Surface Parcel Post (at non-UPU Direct Entry Parcels 1 (MC2009–26 and [Reserved for Product Description] rates) CP2009–36) Signature Confirmation Canada Post—United States Postal Service Global Direct Contracts (MC2009–9, [Reserved for Product Description] Contractual Bilateral Agreement for CP2009–10, and CP2009–11) Special Handling Inbound Competitive Services (MC2009– Global Expedited Package Services (GEPS) [Reserved for Product Description] 8 and CP2009–9) Contracts Stamped Envelopes International Money Transfer Service GEPS 1 (CP2008–5, CP2008–11, CP2008– [Reserved for Product Description] International Ancillary Services 12, and CP2008–13, CP2008–18, Stamped Cards Special Services CP2008–19, CP2008–20, CP2008–21, [Reserved for Product Description] Premium Forwarding Service CP2008–22, CP2008–23, and CP2008–24) Premium Stamped Stationery Negotiated Service Agreements Global Expedited Package Services 2 [Reserved for Product Description] Domestic (CP2009–50) Premium Stamped Cards Express Mail Contract 1 (MC2008–5) Global Plus Contracts [Reserved for Product Description] Express Mail Contract 2 (MC2009–3 and Global Plus 1 (CP2008–8, CP2008–46 and International Ancillary Services CP2009–4) CP2009–47) [Reserved for Product Description] Express Mail Contract 3 (MC2009–15 and Global Plus 2 (MC2008–7, CP2008–48 and International Certificate of Mailing CP2009–21) CP2008–49) [Reserved for Product Description] Express Mail Contract 4 (MC2009–34 and Inbound International International Registered Mail CP2009–45) Inbound Direct Entry Contracts with [Reserved for Product Description] Express Mail & Priority Mail Contract 1 Foreign Postal Administrations International Return Receipt (MC2009–6 and CP2009–7) Inbound Direct Entry Contracts with [Reserved for Product Description] Express Mail & Priority Mail Contract 2 Foreign Postal Administrations International Restricted Delivery (MC2009–12 and CP2009–14) (MC2008–6, CP2008–14 and MC2008– [Reserved for Product Description] Express Mail & Priority Mail Contract 3 15) Address List Services (MC2009–13 and CP2009–17) Inbound Direct Entry Contracts with [Reserved for Product Description] Express Mail & Priority Mail Contract 4 Foreign Postal Administrations 1 Caller Service (MC2009–17 and CP2009–24) (MC2008–6 and CP2009–62)

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International Business Reply Service DEPARTMENT OF HOMELAND with program regulations, 44 CFR part Competitive Contract 1 (MC2009–14 and SECURITY 59. Accordingly, the communities will CP2009–20) be suspended on the effective date in Competitive Product Descriptions Federal Emergency Management the third column. As of that date, flood Express Mail Agency insurance will no longer be available in [Reserved for Group Description] the community. However, some of these Express Mail 44 CFR Part 64 communities may adopt and submit the [Reserved for Product Description] [Docket ID FEMA–2008–0020; Internal required documentation of legally Outbound International Expedited Services Agency Docket No. FEMA–8097] enforceable floodplain management [Reserved for Product Description] measures after this rule is published but Inbound International Expedited Services Suspension of Community Eligibility prior to the actual suspension date. [Reserved for Product Description] These communities will not be Priority AGENCY: Federal Emergency suspended and will continue their [Reserved for Product Description] Management Agency, DHS. eligibility for the sale of insurance. A Priority Mail ACTION: Final rule. notice withdrawing the suspension of [Reserved for Product Description] the communities will be published in Outbound Priority Mail International SUMMARY: This rule identifies the Federal Register. [Reserved for Product Description] communities, where the sale of flood In addition, FEMA has identified the Inbound Air Parcel Post insurance has been authorized under Special Flood Hazard Areas (SFHAs) in [Reserved for Product Description] the National Flood Insurance Program these communities by publishing a Parcel Select (NFIP), that are scheduled for Flood Insurance Rate Map (FIRM). The [Reserved for Group Description] suspension on the effective dates listed date of the FIRM, if one has been Parcel Return Service within this rule because of published, is indicated in the fourth [Reserved for Group Description] noncompliance with the floodplain column of the table. No direct Federal International management requirements of the financial assistance (except assistance [Reserved for Group Description] program. If the Federal Emergency pursuant to the Robert T. Stafford International Priority Airlift (IPA) Management Agency (FEMA) receives Disaster Relief and Emergency [Reserved for Product Description] documentation that the community has Assistance Act not in connection with a International Surface Airlift (ISAL) adopted the required floodplain flood) may legally be provided for [Reserved for Product Description] management measures prior to the construction or acquisition of buildings International Direct Sacks—M–Bags effective suspension date given in this in identified SFHAs for communities [Reserved for Product Description] rule, the suspension will not occur and not participating in the NFIP and Global Customized Shipping Services a notice of this will be provided by identified for more than a year, on [Reserved for Product Description] publication in the Federal Register on a FEMA’s initial flood insurance map of International Money Transfer Service subsequent date. the community as having flood-prone [Reserved for Product Description] DATES: Effective Dates: The effective areas (section 202(a) of the Flood Inbound Surface Parcel Post (at non-UPU Disaster Protection Act of 1973, 42 rates) date of each community’s scheduled suspension is the third date (‘‘Susp.’’) U.S.C. 4106(a), as amended). This [Reserved for Product Description] prohibition against certain types of International Ancillary Services listed in the third column of the following tables. Federal assistance becomes effective for [Reserved for Product Description] the communities listed on the date FOR FURTHER INFORMATION CONTACT: If International Certificate of Mailing shown in the last column. The you want to determine whether a [Reserved for Product Description] Administrator finds that notice and particular community was suspended International Registered Mail public comment under 5 U.S.C. 553(b) [Reserved for Product Description] on the suspension date or for further are impracticable and unnecessary International Return Receipt information, contact David Stearrett, because communities listed in this final [Reserved for Product Description] Mitigation Directorate, Federal rule have been adequately notified. International Restricted Delivery Emergency Management Agency, 500 C Each community receives 6-month, [Reserved for Product Description] Street, SW., Washington, DC 20472, 90-day, and 30-day notification letters International Insurance (202) 646–2953. addressed to the Chief Executive Officer [Reserved for Product Description] SUPPLEMENTARY INFORMATION: The NFIP stating that the community will be Negotiated Service Agreements enables property owners to purchase suspended unless the required [Reserved for Group Description] flood insurance which is generally not floodplain management measures are Domestic otherwise available. In return, met prior to the effective suspension [Reserved for Product Description] communities agree to adopt and date. Since these notifications were Outbound International administer local floodplain management [Reserved for Group Description] made, this final rule may take effect aimed at protecting lives and new within less than 30 days. Part C—Glossary of Terms and Conditions construction from future flooding. National Environmental Policy Act. [Reserved] Section 1315 of the National Flood This rule is categorically excluded from Part D—Country Price Lists for International Insurance Act of 1968, as amended, 42 the requirements of 44 CFR part 10, Mail [Reserved] U.S.C. 4022, prohibits flood insurance Environmental Considerations. No coverage as authorized under the NFIP, environmental impact assessment has [FR Doc. E9–23895 Filed 10–2–09; 8:45 am] 42 U.S.C. 4001 et seq.; unless an been prepared. BILLING CODE 7710–FW–P appropriate public body adopts Regulatory Flexibility Act. The adequate floodplain management Administrator has determined that this measures with effective enforcement rule is exempt from the requirements of measures. The communities listed in the Regulatory Flexibility Act because this document no longer meet that the National Flood Insurance Act of statutory requirement for compliance 1968, as amended, 42 U.S.C. 4022,

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prohibits flood insurance coverage Executive Order 13132, Federalism. ■ Accordingly, 44 CFR part 64 is unless an appropriate public body This rule involves no policies that have amended as follows: adopts adequate floodplain management federalism implications under Executive measures with effective enforcement Order 13132. PART 64—[AMENDED] measures. The communities listed no Executive Order 12988, Civil Justice ■ longer comply with the statutory 1. The authority citation for part 64 Reform. This rule meets the applicable continues to read as follows: requirements, and after the effective standards of Executive Order 12988. date, flood insurance will no longer be Authority: 42 U.S.C. 4001 et seq.; available in the communities unless Paperwork Reduction Act. This rule Reorganization Plan No. 3 of 1978, 3 CFR, remedial action takes place. does not involve any collection of 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, Regulatory Classification. This final information for purposes of the 3 CFR, 1979 Comp.; p. 376. Paperwork Reduction Act, 44 U.S.C. rule is not a significant regulatory action § 64.6 [Amended] under the criteria of section 3(f) of 3501 et seq. Executive Order 12866 of September 30, List of Subjects in 44 CFR Part 64 ■ 2. The tables published under the 1993, Regulatory Planning and Review, authority of § 64.6 are amended as 58 FR 51735. Flood insurance, Floodplains. follows:

Date certain Federal assist- State and location Community Effective date authorization/cancellation of Current effective ance no longer No. sale of flood insurance in community map date available in SFHAs

Region III Virginia: Farmville, Town of, Prince Edward and 510118 November 9, 1973, Emerg; September 1, Oct. 2, 2009 ...... Oct. 2, 2009. Cumberland Counties. 1978, Reg; October 2, 2009, Susp. Prince Edward County, Unincorporated 510239 April 11, 1974, Emerg; September 1, 1978, ...... do* ...... do. Areas. Reg; October 2, 2009, Susp. Region IV North Carolina: Brevard, City of, Transylvania County .. 370231 January 17, 1974, Emerg; September 29, ...... do ...... do. 1978, Reg; October 2, 2009, Susp. Rosman, Town of, Transylvania County 375358 December 30, 1971, Emerg; June 2, 1972, ...... do ...... do. Reg; October 2, 2009, Susp. Transylvania County, Unincorporated 370230 January 21, 1974, Emerg; January 2, 1980, ...... do ...... do. Areas. Reg; October 2, 2009, Susp. Region V Wisconsin: Delavan, City of, Walworth County ...... 550463 October 18, 1974, Emerg; September 1, ...... do ...... do. 1983, Reg; October 2, 2009, Susp. East Troy, Village of, Walworth County 550464 December 12, 1975, Emerg; December 1, ...... do ...... do. 1982, Reg; October 2, 2009, Susp. Fontana-on-Geneva Lake, Village of, 550592 NA, Emerg; March 23, 2006, Reg; October ...... do ...... do. Walworth County. 2, 2009, Susp. Mukwonago, Village of, Walworth and 550485 February 18, 1975, Emerg; July 5, 1982, ...... do ...... do. Waukesha Counties. Reg; October 2, 2009, Susp. Walworth County, Unincorporated Areas ..... 550462 June 10, 1975, Emerg; August 15, 1983, ...... do ...... do. Reg; October 2, 2009, Susp. *do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: September 22, 2009. DEPARTMENT OF TRANSPORTATION SUMMARY: This final rule amends the Edward L. Connor, Federal Transit Administration’s Acting Assistant Administrator, Mitigation Federal Transit Administration (FTA’s) bus testing regulation to Directorate, Department of Homeland incorporate brake performance and Security, Federal Emergency Management 49 CFR Part 665 emissions tests into FTA’s bus testing Agency. program to comply with statutory [Docket No. FTA–2007–0011] [FR Doc. E9–23960 Filed 10–2–09; 8:45 am] changes. To improve the program, this BILLING CODE 9110–12–P RIN 2132–AA95 final rule also republishes the existing regulation to incorporate several Bus Testing; Phase-In of Brake updates that will enhance the program’s Performance and Emissions Testing, value and respond to changes in the bus and Program Updates manufacturing industry and to bring it AGENCY: Federal Transit Administration into conformity with statutory language. (FTA), DOT. DATES: This rule is effective January 1, ACTION: Final rule. 2010.

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FOR FURTHER INFORMATION CONTACT: For from 20, 30, 40, and 45 mph on a high- received as we work with the facility technical information, Marcel Belanger, friction surface; from 20 mph on a low- operator to finalize the brake testing Bus Testing Program Manager, Office of friction surface; and up to 45 mph on a procedures. Research, Demonstration, and split-coefficient surface. The parking With regard to consistency between Innovation (TRI), (202) 366–0725, brake would be evaluated facing uphill FMVSS 121 certification and the bus [email protected]. For legal and downhill on a ramp with a 20 testing program, FTA reiterates that its information, Richard Wong, Office of percent grade. FTA also sought bus testing program is not a certification the Chief Counsel (TCC), (202) 366– comments on whether, and, if so, how, test. Rather, its purpose is to provide 0675, [email protected]. the maintainability and noise tests data that can facilitate grantees’ SUPPLEMENTARY INFORMATION: should be modified to capture useful comparisons of various transit bus data related to the brake system and models and provide indications of Background whether any such changes should be whether the contemplated bus model is On September 30, 2008, the Federal done within the regulation itself or suitable for a grantee’s intended Transit Administration (FTA) published through non-regulatory testing protocols application. Therefore, it is not a notice of proposed rulemaking and procedures. necessary for the bus testing program to (NPRM) in the Federal Register (73 FR FTA proposed to incorporate the replicate the test procedures in FMVSS 56781) that discussed proposals to brake performance test within the 121. FTA believes that the operation on incorporate brake performance and existing performance test category, as the test track and occasional operation emissions tests into FTA’s bus testing specified by SAFETEA–LU. The on roadways between the Altoona Bus program as required by 49 U.S.C. proposed test procedure specified that Testing Center and the Test Track Section 5318, as amended by the Safe, all brake performance tests would be Facility in State College should be Accountable, Flexible, Equitable performed with the bus loaded to gross adequate to produce a realistic real- Transportation Efficiency Act: a Legacy vehicle weight, for which a definition world level of brake burnishing prior to for Users (SAFETEA–LU) (Pub. L. 109– would be provided in the revised 49 conducting the brake performance tests. 59). These changes required by statute CFR Section 665.5. However, because this aspect of the test procedure will not be established by included a brake performance test A. Comments Received procedure and an emissions test regulation, FTA will work with the bus FTA received comments on the procedure. testing facility operator to verify that its proposed braking performance test from The NPRM also sought comments on proposed burnishing procedure is all respondents. Most of the comments a number of other proposed ways to adequate, or add additional steps to the received pertained to details of the sub- update the regulation to improve the procedure if that is determined to be regulatory test procedures that would be functioning of the program, enhance its necessary. used to conduct the braking value, and clarify possible ambiguities With regard to the concerns that buses performance test; for example, may have difficulty navigating the test in the existing regulation. These recommending that FTA measure brake slope, the slope was designed to proposed changes, which were not system temperatures by the installation replicate conditions that could be required by statute, but were intended of thermocouples in the brake linings encountered in a transit bus to improve the program, addressed rather than the proposed use of a non- environment, so most if not all buses issues related to: (1) The determination contacting digital thermometer. should be able to negotiate it without of service life category; (2) testing of A few comments referred to difficulty. In rare cases where clearance buses that exceed weight limits when differences between the draft FTA test is inadequate, the operator can likely fully loaded; (3) clarification of FTA’s procedures and the procedures specified devise a workaround, perhaps such as ‘‘Family of Vehicles’’ policy; (4) in Federal Motor Vehicle Safety filling in the concave transition at the separate reporting of third-party chassis Standard (FMVSS) 121. For example, bottom of the slope with temporary test results; and, (5) the inclusion of an FTA’s proposed test procedure assumes ramps or gravel. In the unlikely event FTA evaluation or recommendation of that the brakes would be adequately that a bus has inadequate torque at the bus models in bus testing reports. burnished following completion of the driving wheels to climb the 20 percent Comments Received gross-vehicle-weight portion of the slope, then potential customers will FTA received a total of five structural durability test, while FMVSS likely want to know that limitation. If a comments—one from a major industry 121 specifies a detailed brake bus is unable to navigate the ascent in trade association consisting of more burnishing procedure. Another order to complete the brake test, a bus than 1,500 public and private members, comment noted that some buses may could be assisted into position using a one from a large public transit agency, not be able to climb the 20 percent slope tow truck. a third from a manufacturer trade parking brake testing hill or may not be The operator has existing procedures association representing almost 700 able to clear the hill’s transition ramps, in place to address damages that may companies making motor vehicle and questioned what the testing options occur to buses at the testing facility. components, the fourth from a would be in such situations. This These procedures will apply to any manufacturer of large heavy-duty transit commenter also asked who would be damages that may occur on the brake buses, and the fifth from an engineering responsible if a bus is damaged on the testing slope. brake testing slope. consulting firm that provides consulting 2. Emissions Test Procedure and test equipment for heavy-duty B. FTA Response FTA proposed a draft emissions test vehicles and brake systems. Since the regulation is only intended procedure based on 40 CFR part 86— Section-by-Section Analysis of Specific to outline the tests that would be ‘‘Emissions Regulations for New Otto- Comments performed in general terms, specific Cycle and Diesel Heavy-Duty Engines; details of the sub-regulatory test Gaseous and Particulate Exhaust Test 1. Brake Performance Test Procedure procedures are not appropriate to Procedures’’ and 40 CFR part 1065— FTA proposed that a test bus would address in the regulation itself. Instead, ‘‘Engine Testing Procedures,’’ as well as be subjected to a series of brake stops FTA will consider each of the comments the Society of Automotive Engineers

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(SAE) Recommended Practice, SAE comparisons with other sources of adding to safety or reliability. The bus J2711. emissions data. manufacturer also expressed concerns FTA proposed using an emissions that partial testing evaluations could B. FTA Response testing laboratory equipped with a subject a bus model to an undue number chassis dynamometer capable of both FTA considered testing emissions at of additional tests, particularly when it absorbing and applying power. FTA gross vehicle weight, but decided to test may impact bus delivery schedules. proposed measuring the emissions of buses at curb weight plus one-half of the exhaust constituents regulated by the seated load weight in order to achieve B. FTA Response United States Environmental Protection greater consistency with industry- Because none of the commenters Agency (EPA) for transit buses, plus standard methods for emissions testing. directly responded to FTA’s inquiries carbon dioxide (CO2) and methane FTA initially proposed to, and still whether a categorical exemption for (CH4), as the bus is operated over intends to, measure bus emissions at the certain classes of vehicles and whether industry-standard driving cycles tailpipe exit rather than at the engine a gradual phase-in period was specified in the test procedure. FTA exhaust ports. Any confusion regarding necessary, FTA will proceed with the proposed that mileage accumulated by a the measurement site probably arose plan outlined in the NPRM: Every bus bus while operating on the from the NPRM’s proposed new model for which a full or partial bus dynamometer during emissions testing definition of ‘‘Engine-Out Emissions,’’ testing contract is signed after the would be counted toward the ‘‘other’’ which will not be used in the final rule, effective date of this final rule will be miles that must be accumulated during and, therefore, has been removed. subject to brake performance and emissions testing, without a phase-in durability testing. Under the proposed 3. Applicability and Phase-In test procedure, the dynamometer would period or exemptions for specific be set to simulate curb weight plus one- FTA proposed that the date on which categories of vehicles. half of the fully seated load for the a bus testing contract was signed would With regard to the suggestion that particular bus being tested. This determine the applicability of the brake certification with FMVSS 121 exempt a approach would be consistent with the performance and emissions tests. vehicle from additional brake testing, above-cited industry standard emissions Models whose testing contracts were FTA believes that a simple certification measurement protocols and will signed before the effective date of this of compliance with FMVSS 121 does facilitate direct comparisons with regulation and that continue to be not exempt a vehicle from the braking emissions measurements collected produced without major changes in any test. Although aware that every vehicle outside the bus testing program. FTA structure or systems would not be operating on public roads must certify also sought comments on the merits of required to return to the Bus Testing compliance with FMVSS, Congress performing the emissions tests with the Center to undergo brake performance nevertheless mandated that FTA chassis dynamometer set to simulate and emissions testing. Buses for which establish the bus testing program, gross vehicle weight, which would full or partial testing contracts are specifically adding a braking generally be expected to represent the signed on or after the effective date of performance test, while giving FTA no ‘‘worst case’’ for emissions, seated load this regulation would be subject to brake statutory authority to exempt vehicles weight, which may result in emissions performance and emissions testing (in that certified compliance with FMVSS measurements closer to a typical case addition to the other testing 121 or any other FMVSS requirement. (and which would be consistent with requirements). Moreover, FTA’s bus testing program the Performance and Fuel Economy FTA also sought comments on consists of actual tests, while FMVSS tests, which are currently performed at whether the emissions test should apply compliance is met by the signing of a seated load weight), or a different to all vehicles subject to FTA’s bus certificate of compliance. weight. FTA also sought comments on testing regulation or whether any classes FTA does not believe that the whether, and if so, how, the of buses should be exempted. In addition of braking performance and maintainability test should be modified addition, we asked for comments on emissions testing will unduly delay to capture useful data related to the whether the emissions testing program delivery schedules. Under the existing emissions control system and whether should begin on the effective date of this regulation a bus subject to testing as a any such changes should be made rule for all bus types subject to testing new model bus or as a modified model within the regulation itself or in non- or whether the emissions test bus must be physically delivered to regulatory testing policies and requirement should be gradually Altoona and must spend a predictable procedures administered by the testing phased-in for various classes of bus number of days at the testing facility. facility. FTA proposed to add the (e.g., small or large buses), similar to the The addition of braking and emissions emissions test as a separate, eighth, test phase-in process used in the initial testing would add a maximum of 24 category. start-up of FTA’s bus testing program. working hours to the time presently required at the test facility. When A. Comments Received A. Comments Received contrasted to the 60 or more days a The transit operator and the transit The large transit operator agreed with heavy-duty model bus would spend at industry association both suggested that FTA’s proposal that emissions testing the test facility for a full test, an FTA test emissions at gross vehicle should begin on the effective date of the additional three business days would weight in order to shed light on the final rule, and any new buses should be not significantly delay delivery ‘‘worst case’’ emissions that might be required to meet the regulations in effect schedules and perhaps could even be produced by a bus model. These at the time of manufacture. The bus accounted for in a manufacturer’s commenters also recommended that manufacturer stated that a single-stage proposed delivery schedule. FTA measure emissions at a bus’s bus manufacturer certifying to FMVSS tailpipe rather than at its engine. The 121 should not be required to undergo 4. Partial Testing bus manufacturer suggested that FTA’s additional testing, and adding Under the current rule, partial testing emissions testing procedure should be additional performance tests not is permitted when a previously-tested consistent with other accepted consistent with FMVSS 121 could raise bus model undergoes changes in methodologies in order to facilitate suspicions of non-compliance without configuration or components that are

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expected to produce significantly adequately meet its service life buses in real-life service, where different data from that previously requirements. operators frequently allow all seats and obtained at the Bus Testing Facility. FTA also sought comments on aisles to be filled without regard to the These partial testing determinations are alternative policies for determining the GVWR or GAWR to avoid leaving made on a case-by-case basis, using service life category in which a passengers behind at a stop. FTA sought criteria set forth in the June 28, 1992, particular bus model would be tested, comments on the following three final rule that established partial testing such as (1) redefining the characteristics approaches for addressing these (57 FR 33394). FTA sought comment on of buses in each service life category, situations: changes that could trigger partial testing and if that approach is taken, what those 1. Require that any tests specified in for the brake performance and emissions characteristics should be; (2) requiring the test procedures be performed at tests. manufacturers to request an official gross vehicle weight (GVW) on the test determination from FTA of a vehicle’s track (which is not a public roadway) A. Comments Received service life category; or (3) providing with all seats and standee positions The only commenter, a large bus guidance on the standard useful life ballasted, and require any tests specified manufacturer, did not address FTA’s based on type of construction but in the test procedures be performed at request for substantive comments. This allowing manufacturers to test and sell seated load weight (SLW) on the test commenter only stated that FTA needed in higher service life categories if they track with all seats ballasted. Although to implement a policy that would post a ‘‘durability assurance’’ bond or the bus would be overloaded, the test provide faster responses to partial similar instrument. data may be more representative of the testing determinations. conditions the bus will face in actual A. Comments Received B. FTA Response service. This approach would help to All three commenters on this subject ‘‘flag’’ buses that are not adequately able Without substantive input from supported the retention of the current to withstand the rigors of transit service. commenters, FTA will continue to make FTA requirement. The manufacturer of 2. Continue the current practice of requests for partial testing large buses stated that it is the deleting ballast until the bus is within determinations on a case-by-case basis. purchaser’s responsibility to review the its GVWR/GAWR, but place a more To provide additional guidance to test report and determine whether the prominent notice in the bus testing purchasers, manufacturers, and vendors, vehicle is adequate to meet their needs. report stating that the bus will exceed FTA has posted its partial testing The trade association and transit its maximum GVWR/GAWR with all guidelines on its bus testing Web site. operator also supported this approach passenger positions occupied, and alert Manufacturers seeking formal letters of and added that manufacturers should readers that the test data may not be determination must wait for FTA to provide proof to the operator that the representative of the vehicle’s actual in- conduct its case-by-case analysis. bus will meet the standards of the service durability. 5. Reporting Procedures higher service life category. The transit 3. Decline to test a bus that exceeds operator proposed additional language its GAWR or GVWR when loaded to full FTA sought comment on how to that would provide the customer a capacity. better present data collected from the ‘‘durability assurance bond’’ or similar A. Comments Received brake performance and emissions tests instrument that would cover the in the bus testing reports as well as in vehicle’s advertised useful standard life. Three commenters—the large industry the bus testing database. FTA also trade association, the large transit welcomed comments on how to present B. FTA Response agency, and the large bus more effectively the data from any of the Based on the response from manufacturer—supported continuing eight test categories. commenters, FTA does not believe that with the current practice outlined under A. Comments Received altering the current procedures is Option 2, noting its practicability. The warranted. Although manufacturers may transit operator suggested testing a None of the commenters provided continue to select the appropriate vehicle at its GVW on the test track, comment on this request. service life category for testing, FTA regardless of the vehicle’s GVWR. The B. FTA Response believes that well-informed purchasers manufacturers’ association supported FTA will continue using the standard are the best safeguard—to that point, Option 3, proposing that FTA decline to test report procedure, adding braking bus purchasers are advised to seek test any vehicle that exceeded its performance and emissions as adequate assurances from the vendor in GVWR. FTA also received unsolicited additional categories to the test reports. the form of extended warranties or suggestions from two commenters, FTA may make changes to the test contractual assurances that the vehicle recommending that FTA increase the report format and/or emphasis in the will meet its advertised service life. simulated ballast weight from the future in order to present bus testing 7. Buses That Exceed Weight Limits currently-used 150 pounds per data more clearly and effectively. When Fully Loaded passenger cited in the new definitions of Other Changes In the NPRM, FTA made note of the ‘‘gross vehicle weight’’ and ‘‘seated load fact that a number of buses tested at the weight’’ proposed in the NPRM, to 170 6. Service Life Category Bus Testing Center have not been tested pounds per passenger to reflect the FTA sought comments on whether it in their fully loaded condition (i.e., with increasing average weight of Americans should maintain its current requirement all seats and standee positions over the last several decades. of allowing manufacturers to determine occupied), since doing so would have the useful life category in which their caused their actual weight to exceed B. FTA Response buses would be tested. In addition, FTA either their gross vehicle weight ratings FTA finds that declining to test a asked for comment on whether it should (GVWR) or a front or rear gross axle vehicle whose GVW exceeds its GVWR continue to expect grantees to evaluate weight rating (GAWR). is impractical, noting that the entire the bus testing reports carefully to FTA noted that the test data might not purposes of the bus testing program is assess whether the bus will in fact reflect the actual performance of these to carry out the legislative mission of

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verifying that the bus can withstand the and 5-year buses are used differently B. FTA Response rigors of regular transit service. than the larger vehicles, and that such Because the design, engineering, and Similarly, testing a bus up to its GVWR a proposal would increase prices manufacturing, and quality control of but no higher, despite the inability to without increasing the quality of the third-party chassis are the same embark the equivalent of a full vehicles. The large transit agency also regardless of the final customer, there complement of passengers, is unrealistic recommended that FTA keep its current may be little differentiation in test data and contrary to the intent of Congress in requirement, noting that the 4- and 5- when a particular third-party chassis is establishing the program. Buses year buses are not used in standard used on similar buses built by multiple frequently fill every available seat transit service. bus manufacturers. FTA believes that during rush-hour, and commonly allow some of the test data obtained from ‘‘crush loads’’ of standees in the aisle. B. FTA Response testing a vehicle using a third-party Therefore, the final rule will require Given the lack of support among buses to be ballasted with a fully loaded chassis already can be extrapolated to commenters for the proposed expansion similar buses built on the same chassis passenger complement of seated and of the concept, FTA is retaining its standee passengers during the gross through the partial testing process. Family of Vehicles policy for 4- and 5- The regulation’s existing partial vehicle weight portion and with all year buses and will not expand it to seats filled during the seated load testing provisions permit partial testing include buses used in higher service life of previously tested bus models that are weight portion of the testing. If the categories. vehicle exceeds its GVWR, the bus will subsequently produced with changes in be tested in that condition only on the 9. Separate Reporting of Third-Part configuration or components, requiring operator’s non-public testing facilities Chassis Test Results additional testing only where significant unless and until the operator receives an changes in data are expected, including Although Section 5318 directs that changes in chassis components, such as exemption to operate the vehicle on buses are to be tested as an integrated public roads. Data on how a bus engines, axles, suspensions, and system, FTA’s Family of Vehicles policy powertrains. Under these partial testing performs under full load conditions is described in the previous paragraphs essential to the purchaser, to support procedures, if a manufacturer of a fully- would be easier to implement and acquisition decisions, development of tested vehicle wants to offer that same understand if the Bus Testing Center preventive maintenance schedules, and vehicle using a different but already- were able to produce separate testing budgeting for unscheduled tested third-party chassis, FTA will reports for third-party chassis. These maintenance. require only those tests where reports could be prepared by The suggestion to increase the average significant changes in data are identifying, separating out, and passenger weight is well taken, and expected—expecting that data intrinsic summarizing only the chassis-related currently, the U.S. Department of to the chassis can be extrapolated from data during tests of buses built on third- Transportation is considering this the previous bus testing report using party chassis. The Bus Testing Center subject in the context of all modes of that chassis. The current process operator expressed concern that in past transportation: air, surface, and water. It reduces the costs and testing experience, a significant number of is quite possible the Department will requirements; however, to increase buses are tested on modified third-party seek to establish higher value for convenience and clarity for bus chassis, and these modifications, even if average passenger weight. If so, FTA purchasers, FTA will continue to performed in strict compliance with the would initiate a new rulemaking to explore the feasibility of issuing manufacturer’s guidelines, would amend Part 665 accordingly. FTA will separate test reports for third-party frustrate comparisons of data on third- consult with the Department on this chassis. party chassis. Therefore, FTA sought subject in the very near future. comments on the feasibility of preparing 10. FTA Evaluation/Recommendation of 8. Family of Vehicles separate test reports for third-party Bus Models FTA sought comments on whether it chassis that are tested in the course of In response to a number of informal would be appropriate to expand its testing complete buses built on those suggestions received in the past that existing ‘‘Family of Vehicles’’ policy to chassis. FTA also sought comments on FTA issue ‘‘pass/fail’’ determinations the 7-year or higher service life any practical considerations that may for buses in the bus testing reports, FTA categories. The existing Family of need to be addressed or difficulties that sought comments in the NPRM on Vehicles policy is limited to buses in may be presented, as well as the best whether the bus testing reports should the 4-year and 5-year service life ways to separate and report data on include a ‘‘pass/fail’’ criterion or a categories only, and allows third-party chassis. Finally, FTA sought ‘‘recommended/not-recommended’’ manufacturers that have tested a comments on how the costs of this determination, and if so, how thresholds complete bus built on one third-party additional reporting would be borne. for such determinations should be chassis to offer closely-related variants A. Comments Received established. Alternatively, FTA sought (such as different lengths) of that bus comments on improved ways to body on the same or different (but FTA received two comments on this enhance the presentation of data in the similar) mass-produced chassis that has proposal—one from the large trade reports (e.g., by presenting data been tested at the Bus Testing Center on association, another from the large graphically) so that information for any similar bus by any bus transit agency. The transit agency decision-making is more readily manufacturer. FTA sought comments on recommended preparation of separate apparent and better informs local the desirability and ramifications of third-party test reports, with costs to be decision-making. negotiated between the chassis maker extending the Family of Vehicles policy A. Comments Received to all buses built on third-party chassis and purchasers. The trade association similarly commented that the costs FTA received two comments on this A. Comments Received should be negotiated, but did not subject—one from a bus manufacturer, The large industry trade association address whether separate chassis reports and one from an equipment opposed the proposal, stating that the 4- are desirable. manufacturers association. The bus

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manufacturer stated that FTA should relationship between the national regulate in the ‘‘most cost-effective not make pass/fail determinations, government and the States, or on the manner,’’ to make a ‘‘reasoned noting that it should be the customer’s distribution of power and determination that the benefits of the prerogative and responsibility. The responsibilities among the various intended regulation justify its costs,’’ equipment manufacturer association levels of government. This final action and to develop regulations that ‘‘impose stated that FTA should establish pass/ has been analyzed in accordance with the least burden on society.’’ Although fail criteria, at least for braking criteria. the principles and criteria contained in some of the changes made by this rule Executive Order 13132, and FTA has are statutorily mandated, FTA B. FTA Response determined that this final action will anticipates that the direct economic FTA found the dearth of comments not have sufficient federalism impact of this rulemaking will be regarding the establishment of pass/fail implications to warrant additional minimal and has actively sought to criteria disappointing, based on pre- consultation. FTA has also determined minimize the bus testing burden, rulemaking comments from the that this final action will not preempt including the continued availability of presumed beneficiaries of pass/fail any State law or State regulation or partial testing procedures. criteria, namely, the transit agencies that affect the States’ ability to discharge This final rule also clarifies existing purchase the vehicles. FTA sought traditional governmental functions. regulatory requirements that will not substantive comments on possible C. Executive Order 13175: Consultation adversely affect, in any material way, criteria and thresholds. In the absence of and Coordination With Indian Tribal any sector of the economy. In addition, comments supporting such an approach, Governments these changes will not interfere with FTA will not proceed with establishing any action taken or planned by another pass/fail criteria at this time. FMVSS Executive Order 13175 requires agency and will not materially alter the 121 already includes pass/fail criteria agencies to assure meaningful and budgetary impact of any entitlements, for braking performance, so a separate timely input from Indian tribal grants, user fees, or loan programs. criterion in the bus testing reports is not government representatives in the necessary and could be confusing. development of rules that ‘‘significantly F. Unfunded Mandates Reform Act of or uniquely affect’’ Indian communities 1995 11. Scope and that impose ‘‘substantial and direct This final rule will not impose Paragraph 665.3 is being amended to compliance costs’’ on such unfunded mandates as defined by the bring it into statutory conformity. communities. FTA has analyzed this Unfunded Mandates Reform Act of 1995 Section 317 of the Surface final rule under Executive Order 13175 (Pub. L. 104–4, 109 Stat. 48). This final Transportation and Uniform Relocation and believes that this final action will rule will not result in the expenditure Assistance Act of 1987 initially limited not have substantial, direct effects on by State, local, and tribal governments, applicability of the bus testing program one or more Indian tribes; will not in the aggregate, or by the private sector, to recipients of FTA funding under the impose substantial direct compliance of $128.1 million or more in any one former sections 3, 9, 16(b)(2), and 18 costs on Indian tribal governments; and year (2 U.S.C. 1532). programs. Paragraph 3023(c) of the Safe, will not preempt tribal laws. Therefore, Accountable, Flexible, Efficient a tribal impact statement is not required. G. Executive Order 13211: Energy Transportation Equity Act: A Legacy for FTA received no comments on the Effects Users amended 49 USC 5318, paragraph NPRM from Indian tribal governments. FTA has analyzed this action under Executive Order 13211, Actions (e), to extend the bus testing D. Regulatory Flexibility Act and Concerning Regulations That requirement to all new bus models Executive Order 13272: Proper Significantly Affect Energy Supply, acquired with funds under 49 USC Consideration of Small Entities in Distribution, or Use dated May 18, 2001, Chapter 53. The statutory change is not Agency Rulemaking significant, as practically all buses and determined that this is not a subject to the testing requirements are Under the Regulatory Flexibility Act significant energy action under that acquired with funds authorized under of 1980 (5 U.S.C. 601 et seq.) and order, because it is not likely to have a one of those four programs. Executive Order 13272, FTA must significant adverse effect on the supply, consider whether a proposed rule would distribution, or use of energy. Therefore, Regulatory Analyses and Notices have a significant economic impact on a Statement of Energy Effects is not All comments received are available a substantial number of small entities. required. for examination in the docket at http: ‘‘Small entities’’ include small H. Paperwork Reduction Act //www.regulations.gov. All comments businesses, not-for-profit organizations have been fully considered in this final that are independently owned and Under the Paperwork Reduction Act rule. operated and are not dominant in their of 1995, no person is required to fields, and governmental jurisdictions respond to a collection of information A. Statutory/Legal Authority for This with populations under 50,000. FTA unless it displays a valid OMB control Rulemaking certifies that this final rule will not have number. This final rule does not This rulemaking is issued under the a significant economic impact on propose any new information collection authority of 49 U.S.C. 5318, as amended substantial number of small entities. burdens. by section 3020 of SAFETEA–LU (Pub. E. Executive Order 12866 and DOT I. Regulation Identifier Number (RIN) L. 109–59). Regulatory Policies and Procedures The U.S. DOT assigns a regulation B. Executive Order 13132: Federalism FTA has determined that this action identifier number (RIN) to each Executive Order 13132 requires is not considered a significant regulatory action listed in the Unified agencies to assure meaningful and regulatory action under Executive Order Agenda of Federal Regulations. The timely input by State and local officials 12866 and the Regulatory Policies and Regulatory Information Service Center in the development of regulatory Procedures of the Department of publishes the Unified Agenda in April policies that may have a substantial, Transportation (44 FR 11032). Executive and October of each year. The RIN direct effect on the States, on the Order 12866 requires agencies to number contained in the heading of this

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document may be used to cross- Administration or the Administrator’s change in a vehicle’s engine, axle, reference this action with the Unified designee. transmission, suspension, or steering Agenda. Automotive means that the bus is not components; continuously dependent on external J. Privacy Act (2) For those that are manufactured on power or guidance for normal operation. a third-party chassis, a change in the Anyone is able to search the Intermittent use of external power or vehicle’s chassis from one major design electronic form for all comments guidance shall not automatically relieve to another. received into any of our dockets by the a bus of its automotive character or Major change in configuration means name of the individual submitting the requirement for bus testing. a change that is expected to have a comments (or signing the comment, if Bus means a rubber-tired automotive significant impact on vehicle handling submitted on behalf of an association, vehicle used for the provision of public and stability or structural integrity. business, labor union, etc.). You may transportation service by or for a Modified third-party chassis or van view the U.S. DOT Privacy Act recipient. means a vehicle that is manufactured Statement by visiting http:// Bus model means a bus design or from an incomplete, partially assembled docketsinfo.dot.gov/ or at 65 FR 19477 variation of a bus design usually third-party chassis or van as provided (April 11, 2000). designated by the manufacturer by a by an OEM to a small bus manufacturer. List of Subjects in 49 CFR Part 665 specific name and/or model number. This includes vehicles whose chassis Bus testing facility means the bus structure has been modified to include: Buses, Grant programs— testing facility established by the transportation, Motor vehicle safety, a tandem or tag axle; a drop or lowered Secretary of Transportation, and floor; changes to the GVWR from the Public transportation, Reporting and includes test track facilities operated in recordkeeping requirements. OEM rating; or other modifications that connection with the facility. are not made in strict conformance with ■ For the reasons stated in the preamble, Bus testing report, also full bus testing the OEM’s modifications guidelines. the Federal Transit Administration report, means a complete test report for New bus model means a bus model revises 49 CFR part 665 to read as a bus model, documenting the results of that— follows: performing the complete set of bus tests (1) Has not been used in public on that bus model. transportation service in the United PART 665—BUS TESTING Curb weight means the weight of the States before October 1, 1988; or empty, ready-to-operate bus plus driver Subpart A—General (2) Has been used in such service but and fuel. which after September 30, 1988, is being 665.1 Purpose. Emissions means the components of produced with a major change in 665.3 Scope. the engine tailpipe exhaust that are 665.5 Definitions. configuration or a major change in regulated by the United States 665.7 Grantee certification of compliance. components. Environmental Protection Agency Subpart B—Bus Testing Procedures (EPA), plus carbon dioxide (CO ) and Operator means the operator of the 2 bus testing facility. 665.11 Testing requirements. methane (CH4). 665.13 Test report and manufacturer Emissions control system means the Original equipment manufacturer certification. components on a bus whose primary (OEM) means the original manufacturer Subpart C—Operations purpose is to minimize regulated of a chassis or van supplied as a emissions before they reach the tailpipe complete or incomplete vehicle to a bus 665.21 Scheduling. manufacturer. 665.23 Fees. exit. This definition does not include 665.25 Transportation of vehicle. components that contribute to low Parking brake means a system that 665.27 Procedures during testing. emissions as a side effect of the manner prevents the bus from moving when Appendix A to Part 665—Tests To Be in which they perform their primary parked by preventing the wheels from Performed at the Bus Testing Facility function (e.g., fuel injectors or rotating. Authority: 49 U.S.C. 5318 and 49 CFR 1.51. combustion chambers). Partial testing means the performance Final acceptance means that a of only that subset of the complete set Subpart A—General recipient has released the FTA-provided of bus tests in which significantly different data would reasonably be § 665.1 Purpose. funds to a bus manufacturer or dealer in connection with bus procurement. expected compared to the data obtained An applicant for Federal financial Gross weight, also gross vehicle in previous full testing of the baseline assistance under the Federal Transit Act weight, means the curb weight of the bus model at the bus testing facility. for the purchase or lease of buses with bus plus passengers simulated by Partial testing report, also partial test funds obligated by the FTA shall certify adding 150 pounds of ballast to each report, means a report documenting, for to the FTA that any new bus model seating position and 150 pounds for a previously-tested bus model that is acquired with such assistance has been each standing position (assumed to be produced with major changes, the tested in accordance with this part. This each 1.5 square feet of free floor space). results of performing only that subset of part contains the information necessary Hybrid means a propulsion system the complete set of bus tests in which for a recipient to ensure compliance that combines two power sources, at significantly different data would with this provision. least one of which is capable of reasonably be expected as a result of the § 665.3 Scope. capturing, storing, and re-using energy. changes made to the bus from the This part shall apply to an entity Major change in chassis design configuration documented in the receiving Federal financial assistance means, for vehicles manufactured on a original full bus testing report. A partial under 49 U.S.C. Chapter 53. third-party chassis, a change in frame testing report is not valid unless structure, material or configuration, or a accompanied by the full bus testing § 665.5 Definitions. change in chassis suspension type. report for the corresponding baseline As used in this part— Major change in components means: bus configuration. Administrator means the (1) For those vehicles that are not Public transportation service means Administrator of the Federal Transit manufactured on a third-party chassis, a the operation of a vehicle that provides

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general or special service to the public facility. The recipient shall receive the (5) Other light duty vehicles such as on a regular and continuing basis. appropriate full bus testing report and small buses and regular and specialized Recipient means an entity that any applicable partial testing report(s) vans with a minimum service life of receives funds under 49 U.S.C. Chapter before final acceptance of the first four years or 100,000 miles. 53, either directly from FTA or through vehicle by the recipient. (f) Tests performed in a higher service a State administering agency. (b) In dealing with a bus manufacturer life category (i.e., longer service life) Regenerative braking system means a or dealer, the recipient shall be need not be repeated when the same bus system that decelerates a bus by responsible for determining whether a model is used in lesser service life recovering its kinetic energy for on- vehicle to be acquired requires full applications. board storage and subsequent use. testing or partial testing or has already (g) The operator of the bus testing Retarder means a system other than satisfied the requirements of this part. facility shall develop a test plan for the the service brakes that slows a bus by testing of vehicles at the facility. The dissipating kinetic energy. Subpart B—Bus Testing Procedures test plan shall follow the guidelines set Seated load weight means the weight § 665.11 Testing requirements. forth in the appendix to this part. of the bus plus driver, fuel, and seated passengers simulated by adding 150 (a) A new bus model to be tested at § 665.13 Test report and manufacturer pounds of ballast to each seating the bus testing facility shall— certification. position. (1) Be a single model; (a) Upon completion of testing, the Service brake(s) means the primary (2) Meet all applicable Federal Motor operator of the facility shall provide the system used by the driver during normal Vehicle Safety Standards, as defined by resulting test report to the entity that operation to reduce the speed of a the National Highway Traffic Safety submitted the bus for testing. moving bus and to allow the driver to Administration in Part 571 of this title; (b)(1) A manufacturer or dealer of a bring the bus to a controlled stop and and new bus model or a bus produced with hold it there. Service brakes may be (3) Be substantially fabricated and a major change in component or supplemented by retarders or by assembled using the techniques, tooling, configuration shall provide a copy of the regenerative braking systems. and materials that will be used in corresponding full bus testing report Small bus manufacturer means a production of subsequent buses of that and any applicable partial testing secondary market assembler that model. report(s) to a recipient during the point acquires a chassis or van from an (b) If the new bus model has not in the procurement process specified by original equipment manufacturer for previously been tested at the bus testing the recipient, but in all cases before subsequent modification or assembly facility, then the new bus model shall final acceptance of the first bus by the and sale as 5-year/150,000-mile or 4- undergo the full tests requirements for recipient. year/100,000-mile minimum service life Maintainability, Reliability, Safety, (2) A manufacturer who releases a vehicle. Performance including braking report under paragraph (b)(1) of this Tailpipe emissions means the exhaust performance, Structural Integrity, Fuel section also shall provide notice to the constituents actually emitted to the Economy, Noise, and Emissions; operator of the facility that the report is atmosphere at the exit of the vehicle (c) If the new bus model has not available to the public. tailpipe or corresponding system. previously been tested at the bus testing (c) If a bus model subject to a bus Third party chassis means a facility and is being produced on a testing report has a change that is not a commercially available chassis whose third-party chassis that has been major change under this Part, the design, manufacturing, and quality previously tested on another bus model manufacturer or dealer shall advise the control are performed by an entity at the bus testing facility, then the new recipient during the procurement independent of the bus manufacturer. bus model may undergo partial testing process and shall include a description Unmodified mass-produced van requirements; of the change and the manufacturer’s means a van that is mass-produced, (d) If the new bus model has basis for concluding that it is not a complete and fully assembled as previously been tested at the bus testing major change. provided by an OEM. This shall include facility, but is subsequently (d) A bus testing report shall be vans with raised roofs, and/or manufactured with a major change in available publicly once the bus wheelchair lifts, or ramps that are chassis or components, then the new manufacturer makes it available during installed by the OEM, or by a party bus model may undergo partial testing. a recipient’s procurement process. The other than the OEM provided that the (e) The following vehicle types shall operator of the facility shall have copies installation of these components is be tested: of all the publicly available reports completed in strict conformance with (1) Large-size, heavy-duty transit ′ ′ available for distribution. the OEM modification guidelines. buses (approximately 35 –40 in length, (e) The bus testing report is the only Unmodified third-party chassis means as well as articulated buses) with a information or documentation that shall a third-party chassis that either has not minimum service life of 12 years or be made publicly available in been modified, or has been modified in 500,000 miles; connection with any bus model tested at strict conformance with the OEM’s (2) Medium-size, heavy-duty transit ′ the bus testing facility. modification guidelines. buses (approximately 30 in length) with a minimum service life of ten years or Subpart C—Operations § 665.7 Grantee certification of 350,000 miles; compliance. (3) Medium-size, medium duty transit § 665.21 Scheduling. (a) In each application to FTA for the buses (approximately 30′ in length) with (a) To schedule a bus for testing, a purchase or lease of any new bus model, a minimum service life of seven years or manufacturer shall contact the operator or any bus model with a major change 200,000 miles; of FTA’s bus testing program. Contact in configuration or components to be (4) Medium-size, light duty transit information and procedures are acquired or leased with funds obligated buses (approximately 25′–35′ in length) available on the operator’s bus testing by the FTA, the recipient shall certify with a minimum service life of five Web site, http:// that the bus was tested at the bus testing years or 150,000 miles; and www.altoonabustest.com.

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(b) Upon contacting the operator, the preventive maintenance, and repair actions structural durability test should be performed operator shall provide the manufacturer should be recorded and reported. These at the test track. actions should be performed by test facility with the following: a. Structural Strength and Distortion Tests (1) A draft contract for the testing; staff, although manufacturers should be allowed to maintain a representative on site (1) A shakedown of the bus structure (2) A fee schedule; and should be conducted by loading and (3) The draft test procedures that will during the testing. Test facility staff may require a manufacturer to provide vehicle unloading the bus with a distributed load be conducted on the vehicle. equal to 2.5 times the load applied for the (c) The operator shall provide final servicing or repair, under the supervision of the facility staff. Because the operator will gross weight portions of testing. The bus test procedures to be conducted on the not become familiar with the detailed design should then be unloaded and inspected for vehicle at the time of contract of all new bus models that are tested, tests any permanent deformation on the floor or execution. to determine the time and skill required to coach structure. This test should be repeated (d) The operator shall process remove and reinstall an engine, a a second time, and should be repeated up to vehicles for testing in the order in transmission, or other major propulsion one more time if the permanent deflections which the contracts are signed. system components may require advice from vary significantly between the first and the bus manufacturer. All routine and second tests. (2) The bus should be loaded to gross § 665.23 Fees. corrective maintenance should be carried out vehicle weight, with one wheel on top of a (a) The operator shall charge fees in by the test operator in accordance with the curb and then in a pothole. This test should manufacturer’s specifications. accordance with a schedule approved be repeated for all four wheels. The test The maintainability test report should by FTA, which shall include prorated verifies: normal operation of the steering fees for partial testing. include the frequency, personnel hours, and mechanism; and operability of all passenger (b) Fees shall be prorated for a vehicle replacement parts or supplies required for doors, passenger escape mechanisms, withdrawn from the bus testing facility each action during the test. The accessibility windows, and service doors. A water leak of selected components and other before the completion of testing. test should be conducted in each suspension observations that could be important to a bus travel condition. § 665.25 Transportation of vehicle. user should be included in the report. (3) Using a load-equalizing towing sling, a A manufacturer shall be responsible 2. Reliability static tension load equal to 1.2 times the curb weight should be applied to the bus towing for transporting its vehicle to and from Reliability should not be a separate test, fixtures (front and rear). The load should be the bus testing facility at the beginning but should be addressed by recording all bus removed and the two eyes and adjoining and completion of the testing at the failures and breakdowns during testing. It is structure inspected for damages or manufacturer’s own risk and expense. recognized that with one test bus it is not permanent deformations. feasible to conduct statistical reliability tests. (4) The bus should be towed at curb weight § 665.27 Procedures during testing. The detected bus failures, repair time, and with a heavy wrecker truck for several miles (a) The operator shall perform all the actions required to return the bus to and then inspected for structural damage or maintenance and repairs on the test operation should be recorded in the report. permanent deformation. vehicle, consistent with the 3. Safety (5) With the bus at curb weight probable damages and clearance issues due to tire manufacturer’s specifications, unless The safety test should consist of a handling deflating and jacking should be assessed. the operator determines that the nature and stability test. The handling and stability of the maintenance or repair is best (6) With the bus at curb weight possible test should be an obstacle avoidance or damages or deformation associated with performed by the manufacturer under double-lane change test performed at the test lifting the bus on a two post hoist system or the operator’s supervision. track. Bus speed should be held constant supporting it on jack stands should be (b) The manufacturer shall be throughout a given test run. Individual test assessed. permitted to observe all tests. The runs should be made at increasing speeds up manufacturer shall not provide to a specified maximum or until the bus can b. Structural Durability maintenance or service unless requested no longer be operated safely over the course, The structural durability test should be whichever speed is lower. Both left- and to do so by the operator. performed on the durability course at the test right-hand lane changes should be tested. track, simulating twenty-five percent of the Appendix A to Part 665—Tests To Be 4. Performance vehicle’s normal service life. The bus Performed at the Bus Testing Facility structure should be inspected regularly The performance test should be performed during the test, and the mileage and The eight tests to be performed on each on the test track and should measure identification of any structural anomalies and vehicle are required by SAFETEA–LU and acceleration, maximum speed attained, failures should be reported in the reliability are based in part on tests described in the gradeability, and braking. The bus should be test. FTA report ‘‘First Article Transit Bus Test accelerated at full throttle from a full stop to Plan,’’ which is mentioned in the legislative maximum safe speed on the track. The 6. Fuel Economy history of section 317 of STURAA. When gradeability capabilities should be measured The fuel economy test should be appropriate, Society of Automotive Engineers when starting from a full stop on a steep conducted using duty cycles that simulate (SAE) test procedures and other procedures grade, and supplemented by calculating transit service. This test should measure the accepted by the transit industry will be used. gradeability based on the acceleration data. fuel economy of the bus in miles per gallon The eight tests are described in general terms The functionality and performance of the or other energy-equivalent units. in the following paragraphs. service, regenerative (if applicable), and The fuel economy test should be designed parking brake systems should be evaluated at only to enable FTA recipients to compare the 1. Maintainability the test track. The test bus should be relative fuel economy of buses operating at a The maintainability test should include subjected to a series of brake stops from consistent loading condition on the same set bus servicing, preventive maintenance, specified speeds on high, low, and split- of typical transit driving cycles. The results inspection, and repair. It also should include friction surfaces. The parking brake should of this test are not directly comparable to fuel the removal and reinstallation of the engine be evaluated with the bus parked facing both economy estimates by other agencies, such as and drive train components that would be up and down a steep grade. the U.S. Environmental Protection Agency expected to require replacement during the (EPA) or for other purposes. bus’s normal life cycle. Much of the 5. Structural Integrity maintainability data should be obtained Two complementary structural integrity 7. Noise during the bus durability test at the test track. tests should be performed. Structural The noise test should measure interior Up to twenty-five percent of the bus life strength and distortion tests should be noise and vibration while the bus is idling (or should be simulated and servicing, performed at the Bus Testing Center, and the in a comparable operating mode) and driving,

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and also should measure the transmission of DATES: Effective October 5, 2009. percent of the annual landings has exterior noise to the interior while the bus is ADDRESSES: You may submit comments, occurred during Wave 4 in the years not running. The exterior noise should be identified by RIN 0648–AY23, by any 2005–2008. On average, an additional measured as the bus is operated past a 24 percent of landings have occurred stationary measurement instrument. one of the following methods: • Electronic submissions: Submit all during Wave 5 (September-October) and 8. Emissions electronic public comments via the 4 percent during Wave 6 (November- The emissions test should measure tailpipe Federal eRulemaking Portal http:// December) for the same time period. emissions of those exhaust constituents www.regulations.gov. Using these proportions of landings by regulated by the United States Environmental • Mail and hand delivery: Patricia A. wave (i.e., Waves 1–3 = 45 percent of Protection Agency (EPA) for transit bus Kurkul, Regional Administrator, NMFS, annual landings) and applying the emissions, plus carbon dioxide (CO2) and Northeast Regional Office, 55 Great information to the actual landings data methane (CH4), as the bus is operated over Republic Drive, Gloucester, MA 01930. available through Wave 3 for 2009 specified driving cycles. The emissions test Mark the outside of the envelope: would result in approximately 611,000 should be conducted using an emissions lb (277 mt) being landed through the testing laboratory equipped with a chassis ‘‘Comments on 2009 Black Sea Bass dynamometer capable of both absorbing and Recreational EEZ Closure.’’ end of August (end of Wave 4), with an applying power. • Fax: (978) 281–9135. Send the fax additional 634,000 lb (288 mt) expected The emissions test is not a certification to the attention of the Sustainable to be landed before the end of the year test, and is designed only to enable FTA Fisheries Division. Include ‘‘Comments if the fishery remains open. recipients to compare the relative emissions on 2009 Black Sea Bass Recreational Using MRFSS data in a variety of of buses operating on the same set of typical EEZ Closure’’ prominently on the fax. projection scenarios, NMFS, along with transit driving cycles. The results of this test Instructions: All comments received independent MRFSS queries made by are not directly comparable to emissions are a part of the public record and will staff of the Atlantic States Marine measurements obtained by other agencies, generally be posted to http:// Fisheries Commission (Commission) such as the EPA, which are used for other and Mid-Atlantic Fishery Management purposes. www.regulations.gov without change. All Personal Identifying Information (for Council (Council) have concluded that Peter M. Rogoff, example, name, address, etc.) the 2009 recreational harvest limit for Administrator. voluntarily submitted by the commenter black sea bass has been exceeded. [FR Doc. E9–23818 Filed 10–2–09; 8:45 am] may be publicly accessible. Do not Multiple projections utilizing the actual BILLING CODE 4910–57–P submit Confidential Business 2009 MRFSS data through Wave 3 and Information or otherwise sensitive or projected landings for the remaining protected information. Waves 4–6 have indicated that the potential range of total 2009 landings is DEPARTMENT OF COMMERCE NMFS will accept anonymous comments. Attachments to electronic from 2.1 to 3.7 million lb (953 to 1,678 National Oceanic and Atmospheric comments will be accepted in Microsoft mt). This would exceed the 2009 Administration Word, Excel, WordPerfect, or Adobe recreational harvest limit by 84 to 225 PDF file formats only. percent, respectively, if landings are left unchecked until the regulatory closure 50 CFR Part 648 FOR FURTHER INFORMATION CONTACT: date of December 31, 2009. [Docket No. 0909101271–91272–01] Michael Ruccio, Fishery Policy Analyst, Regardless of the variability in the (978) 281–9104. RIN 0648–AY23 projection methods utilized, wherein SUPPLEMENTARY INFORMATION: A final average fish weight and multiple ranges Fisheries of the Northeastern United rule to establish the recreational harvest of prior years are included to inform States; Black Sea Bass Recreational limits for 2009 for the summer flounder, average landings in Waves 4–6 were Fishery; Emergency Rule scup, and black sea bass fisheries was modified in the different treatments, a published in the Federal Register on substantial portion of the black sea bass AGENCY: National Marine Fisheries January 2, 2009 (74 FR 29). The black recreational fishery clearly occurs Service (NMFS), National Oceanic and sea bass recreational harvest limit for during the months of July-October Atmospheric Administration (NOAA), 2009 is 1.14 million lb (517 mt). The (MRFSS Waves 4 and 5). On average, Commerce. 2009 recreational management measures Waves 4–6 have produced 55 percent of ACTION: Emergency rule; emergency for Federal waters are a 12.5-inch the total coastwide black sea bass action; request for comments. (31.75-cm) minimum size, a 25-fish landings in the years 2005–2008. Wave possession limit, and an open season of 4 MRFSS information for 2009 will not SUMMARY: NMFS is implementing, January 1 through December 31. Marine be available until mid-October. through this emergency rule, a closure Recreational Fisheries Statistics Survey However, the best information currently of the recreational black sea bass fishery (MRFSS) data through Wave 3 (January- available indicates that the 2009 in the Federal waters of the Exclusive June) indicate that 1,018,878 lb (462 mt) recreational harvest level has been Economic Zone (EEZ) from 3 to 200 have been landed. Due to time exceeded and that continued operation nautical miles offshore, north of Cape constraints, this amount has not been of the fishery will result in additional Hatteras, NC. This action is necessary stratified to exclude southern stock landings above the established harvest because the best available information landings that occur south of Cape level. Even after a closure of the EEZ for black sea bass recreational landings Hatteras, NC. The total North Carolina occurs, additional landings above the indicates that the 2009 recreational landings through Wave 3 are 71,059 lb established recreational harvest level harvest limit established for the black (32 mt). Therefore, the landings through will occur in state waters, unless all sea bass fishery is projected to have Wave 3 are at least 947,819 lb (430 mt). states implement closures of their state- been exceeded. NMFS is effecting this This means that between 83 and 89 water recreational black sea bass closure to mitigate the magnitude of the percent of the 2009 recreational harvest fisheries. recreational overage because the limit had been taken by the end of June. The Commission’s Black Sea Bass established mortality objective for 2009 Data for Wave 4 (July-August) are not Management Board (Board) convened has been exceeded. yet available; however, an average of 27 on September 8, 2009, to discuss

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potential emergency closure of the 2009 amount of additional landings that will finds good cause pursuant to 5 U.S.C recreational fishery, but ultimately occur above the established 2009 553(d)(3) to make this rule effective voted not to implement an emergency recreational harvest limit. As such, time immediately, thereby waiving the 30- closure at this time. From 2004–2008, is of the essence in implementing the day delayed effective date required by 5 approximately 62 percent of black sea closure. NMFS has demonstrated, using U.S.C. 553(d). bass landings were from the EEZ. The recent fishery landings information, that This final rule has been determined to amount of black sea bass harvest in the an average of 28 percent of black sea be not significant for purposes of EEZ varies by state: No black sea bass bass landings has occurred in Waves 5 Executive Order 12866. were landed in the EEZ adjacent to CT, and 6 (September–December) in the last This rule is exempt from the and roughly 10 percent of the MA black 4 years. By implementing this closure as procedures of the Regulatory Flexibility sea bass fishery occurred in the adjacent soon as possible, the amount of the Act because the rule is not subject to the EEZ during the 2004–2008 time frame; recreational harvest limit overage may requirement to provide prior notice and conversely, NJ, DE, and MD all had be minimized. The FMP contains no opportunity for public comment greater than 92 percent of their pound-for-pound recreational overage pursuant to 5 U.S.C. 553 or any other respective black sea bass landings taken repayment mechanism; however, in law. from the EEZ. Had the Board taken years following an overage, a greater List of Subjects in 50 CFR Part 648 action to close state waters, the EEZ reduction in the following year’s fishery would have effectively been closed, as is often required unless the overage is Fisheries, Fishing, Reporting and individuals would have been prohibited offset by an increase in the recreational recordkeeping requirements. from transiting state waters in harvest limit. Status quo landing limits Dated: September 29, 2009. possession of recreationally caught have been proposed by the Council for John Oliver, black sea bass from the EEZ. the 2010 black sea bass fishery. NMFS Deputy Assistant Administrator for NMFS is taking temporary emergency will review the Council’s Operations, National Marine Fisheries action to close the 2009 black sea bass recommendation for consistency with Service. recreational fishery in the EEZ for the applicable regulations and statutes ■ For the reasons set out in the remainder of the fishing year for the before implementing a final landings preamble, 50 CFR part 648 is amended following reasons: (1) The best available level, including a recreational harvest as follows: information indicates that the 2009 limit, at the end of 2009. If NMFS recreational harvest limit established for implements the Council’s recommended PART 648—FISHERIES OF THE the fishery has been greatly exceeded; TAL of 2.3 million lb (1,043 mt) for NORTHEASTERN UNITED STATES and (2) the projected overage has 2010, the magnitude of the projected already exceeded the recreational 2010 overage is such that no ■ 1. The authority citation for part 648 fishery mortality objective established recreational fishery may be permitted in continues to read as follows: for 2009 and the magnitude of the the Federal waters of the EEZ for 2010. Authority: 16 U.S.C. 1801 et seq. projected overage threatens to exceed Hence, promulgation of this closure is the overall mortality objective time sensitive. It would be contrary to ■ 2. Section 648.142 is revised to read established at the total landings level the public interest to delay as such as follows: (i.e., commercial and recreational delay would invariably allow additional § 648.142 Time restrictions. sectors combined). landings above the recreational harvest limit and require greater 2010 landings Vessels that are not eligible for a Classification reductions and/or ensure that no moratorium permit under § 648.4(a)(7), The Administrator, Northeast Region, recreational fishery would occur in and fishermen subject to the possession NMFS, determined that this temporary 2010. limit may not possess black sea bass rule is consistent with the national This emergency action responds to after October 5, 2009, unless this time standards and other provisions of the analysis of the most recent MRFSS data period is adjusted pursuant to the Magnuson-Stevens Fishery through Wave 3. This information was procedures in § 648.140. Conservation and Management Act and first available in mid-August. Time was ■ 3. In § 648.145, the first sentence of other applicable laws. The rule may be needed to conduct analyses for potential paragraph (a) is revised to read as extended for a period of not more than landings for the remainder of 2009, as follows: 186 days as described under section well as to prepare the rulemaking § 648.145 Possession limit. 305(c)(3)(B) of the Magnuson-Stevens documents. NMFS has developed and Fishery Conservation Management Act. implemented this emergency action as (a) No person shall possess black sea The Assistant Administrator for expediently as possible. bass after October 5, 2009, in, or Fisheries, NOAA, finds good cause Waiver of the notice-and-comment harvested from the EEZ, unless that pursuant to 5 U.S.C. 553(b)(B) to waive rulemaking period will serve the public person is the owner or operator of a prior notice and the opportunity for by allowing for a closure which fishing vessel issued a black sea bass public comment because it would be mitigates the amount of landings that moratorium permit, or is issued a black impracticable and contrary to the public occur above the established recreational sea bass dealer permit.*** interest. harvest limit. * * * * * This emergency closure action is For the same reasons, the Assistant [FR Doc. E9–23945 Filed 9–30–09; 4:15 pm] being implemented to mitigate the Administrator for Fisheries, NOAA, BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 74, No. 191

Monday, October 5, 2009

This section of the FEDERAL REGISTER Promotion Staff, Cotton and Tobacco to the definition of cotton-producing contains notices to the public of the proposed Programs, AMS, USDA, Stop 0224, 1400 state. AMS also proposed to make such issuance of rules and regulations. The Independence Ave., SW., Room 2637–S, changes as may be necessary to the purpose of these notices is to give interested Washington, DC 20250–0224, telephone Cotton Order to conform to any persons an opportunity to participate in the (202) 720–6603, facsimile (202) 690– amendment that may result from the rule making prior to the adoption of the final rules. 1718, or email at hearing. No conforming changes were [email protected]. determined to be necessary by AMS. SUPPLEMENTARY INFORMATION: Prior Three witnesses testified at the DEPARTMENT OF AGRICULTURE documents in this proceeding: Notice of hearing, and all were in favor of the Hearing issued on November 24, 2008, amendments. One witness represented Agricultural Marketing Service and published in the December 1, 2008, AMS, one witness represented the issue of the Federal Register (73 FR Virginia Cotton Growers Association 7 CFR Part 1205 72747). and the National Council, and lastly, [Doc. # AMS–CN–09–0032; CN–08–003] This administrative action is governed one witness represented the Cotton by the provisions of sections 556 and Board. Cotton Research and Promotion 557 of title 5 of the United States Code At the conclusion of the hearing, the Program: Designation of Cotton- and, therefore, is excluded from the Administrative Law Judge set January Producing States; Secretary’s Decision requirements of Executive Order 12866. 14, 2009, as the date for interested and Referendum Order on Proposed persons to file proposed findings and Preliminary Statement Amendments to the Cotton Research conclusions or written arguments and and Promotion Order The proposed amendments were briefs based on the evidence received at formulated based on the record of the the hearing on the proposed AGENCY: Agricultural Marketing Service, public hearing held in Washington, DC, amendments. The Hearing Clerk USDA. on December 5, 2008. The hearing was received six briefs during the briefing ACTION: Proposed rule and referendum held to consider and receive evidence period. Briefs were received from the order. from Upland cotton producers, offices of Congressman Allen Boyd, Jr., importers, and other interested parties Florida; Congressman Bob Goodlatte, SUMMARY: This is the Secretary’s on the proposed amendments to the Virginia; and, Senator Pat Roberts, decision concerning amendments to the Cotton Order (7 CFR part 1205). The Kansas. Comments also were received Cotton Research and Promotion Order hearing was held pursuant to the from the Kansas Cotton Association, the (Cotton Order) and provides Upland provisions of the Cotton Act (7 U.S.C. Florida Farm Bureau; and, Southern cotton producers and importers with the 2101–2118), and the applicable rules of Cotton Growers, Inc. Each of these briefs opportunity to vote in a referendum to practice and procedure governing expressed full support of the prompt determine if they favor the changes. The research and promotion programs (7 implementation of the amendments amendments would implement section CFR part 1200). The proposed proposed by AMS. All discussions in 14202 of the Food, Conservation, and amendments in this decision would: (1) briefs pertaining to the amendments Energy Act of 2008 (2008 Farm Bill) that Amend the Cotton Order to incorporate proposed in this decision were amended the Cotton Research and the States of Kansas, Virginia, and considered. Two briefs, one from the Promotion Act (Cotton Act.) The 2008 Florida into the definition of ‘‘cotton- office of Senator Bill Nelson, Florida; Farm Bill provided that Kansas, producing state’’ as separate states, (2) and one from the United States Virginia, and Florida be separate states amend the definition of ‘‘cotton- Association of Importers of Textiles and in the definition of ‘‘cotton-producing producing region’’ to list Kansas, Apparel, were received after the January state’’ effective beginning with the 2008 Virginia, and Florida as separate states, 14, date and therefore were untimely. crop of cotton. It has been determined and (3) make any such changes as may Accordingly, they were not considered that amendments need to be expedited be necessary to the Cotton Order if any in this decision. and therefore a recommended decision of the proposed amendments as Proposals in This Decision is omitted. adopted, so that all of the Cotton Order’s DATES: For the purpose of determining provisions conform to the effectuated AMS proposed these amendments to producer voter eligibility, the amendments. AMS believes that the Cotton Order for the purpose of representative production period is the conditions exist that warrant the implementing changes to the Cotton Act period January 1, 2008, through omission of a recommended decision in as mandated by section 14202 of the December 31, 2008. For the purpose of this rulemaking proceeding under 7 CFR 2008 Farm Bill. Section 14202 modified determining importer voter eligibility, 1200.13(d) of the Rules of Practice and the Cotton Act by adding States of the 12-month period during which Procedure with respect to the proposed Kansas, Virginia, and Florida to the qualifying imports of cotton must have amendments. definition of ‘‘cotton-producing state’’ as been made is January 1, 2008, through The amendments are proposed by separate states effective beginning with December 31, 2008. AMS to amend the Cotton Order and to the 2008 crop of cotton. A crop year is The referendum will be held during implement section 14202 of the 2008 synonymous with marketing year and 7 the period October 13, 2009, through Farm Bill that amended the Cotton Act. CFR 1205.320 of the Cotton Order November 10, 2009. In addition, AMS proposed to amend defines ‘‘marketing year’’ as a FOR FURTHER INFORMATION CONTACT: the definition of cotton-producing consecutive 12-month period ending Shethir M. Riva, Chief, Research and region for consistency with the changes July 31.

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AMS proposed to amend section Georgia; Louisiana; Mississippi; having their own Cotton Board seats 1205.314 of the Cotton Order to Missouri-Illinois; New Mexico; North would not be inappropriate. incorporate the States of Kansas, Carolina-Virginia; Oklahoma; South The AMS witness stated that if the Virginia, and Florida into the definition Carolina; Tennessee-Kentucky; Texas.’’ proposed changes are adopted, a total of of cotton-producing state and amend Currently, Kansas is not included in this three additional members and three section 1205.319 to reflect the definition, Virginia is combined as a alternates would be added to the Cotton incorporation of the above three states region with North Carolina, and Florida Board. The witness said the 2008 Cotton in the definition of cotton-producing is combined as a region with Alabama. Board was composed of 37 members region. AMS is proposing to amend the and 37 alternate members, which are 22 definition so that Kansas is added and producer and 15 importer members and Material Issues Florida and Virginia are separated from their respective alternates, and one The material issues in this decision their current partner states. consumer advisor. Excluding the presented on the record of the hearing The witness representing AMS proposed amendment to the Cotton are as follows: testified that the major effect of these Order, the 2009 Cotton Board, already 1. Whether to amend section 1205.314 changes is that any cotton producer calculated, would be 38 members and to read as follows: Cotton-producing organization, in any cotton-producing 38 alternates, which would be 23 State means each of the following States state, including the respective States of producers and 15 importer members and combination of States: Alabama; Kansas, Virginia, and Florida, may and respective alternates. The AMS Arizona; Arkansas; California-Nevada; request certification from the Secretary witness indicated that if current cotton Florida; Georgia; Kansas; Louisiana; pursuant to section 1205.341 of the production and cotton imports remain Mississippi; Missouri-Illinois; New Order to participate in nominating consistent with their 5-year averages, Mexico; North Carolina; Oklahoma; members and alternate members to and there are no changes, then just three South Carolina; Tennessee-Kentucky; represent such State on the Cotton additional producer members will be Texas; and Virginia. Board pursuant to section 1205.324. The added based on the cotton gin for those 2. Whether to amend section 1205.319 witness also testified that the change three states. The total Board to read as follows: ‘‘Cotton-producing would also allow the States of Kansas, membership would be 26 producers and region’’ means each of the following Virginia, and Florida, pursuant to 15 importer members and respective groups of cotton-producing States: (a) section 1205.322(b)(1), to have at least alternates, and one consumer advisor. Southeast Region: Alabama, Florida, one member, and one additional The witness appearing on behalf of Georgia, North Carolina, South Carolina, member for each 1 million bales or the Virginia Cotton Growers Association and Virginia; (b) Midsouth Region: major fraction (more than half) thereof and the National Cotton Council Arkansas, Louisiana, Mississippi, of cotton produced in the state and (VCGA/NCC witness) strongly Missouri-Illinois, and Tennessee- marketed above 1 million bales during supported the proposed amendments. Kentucky; (c) Southwest Region: the period specified in the regulations The witness testified that the Kansas, Oklahoma and Texas; (d) for determining board membership. amendments to the Cotton Order, which Western Region: Arizona, California- Further, the AMS witness stated that in would ultimately provide Kansas, Nevada, and New Mexico. determining whether any cotton- Virginia and Florida individual 3. Whether to expedite the decision producing state is entitled to be representation on the Cotton Board, will on all of the proposals by omitting the represented by more than one member enhance the Board’s ability to carry out recommended decision and proceeding of the Cotton Board, as provided in its mission. Further, the witness directly to the Secretary’s decision and section 1205.322, average annual indicated that these states have, and referendum order. production of Upland cotton in terms of will continue to contribute funds to the 480-pound net weight bales for the five Cotton Research and Promotion Findings and Conclusions most recent marketing years will be Program. By providing the three states The following findings and used as the criteria for determination of with individual representation on the conclusions on the material issues are such additional members. Board, the witness stated that it will based on the record of the hearing. The AMS witness cited the U.S. strengthen their support, enhance Department of Agriculture’s National communication from these production Material Issue Number 1 Agricultural Statistics Service’s report areas, and better enable the Cotton Section 1205.314 should be amended entitled Cotton Ginnings 2007 Summary Board to represent the interests of all to provide that the States of Kansas, (Exhibit 6), which published the total cotton-producing areas in the United Virginia, and Florida be separate states bales produced and ginned (or States. Moreover, the witness said that in the definition of ‘‘Cotton-Producing marketed) by State. In the 2007 there is no other national research and State.’’ Section 1205.314 should read as marketing year, according to this promotion program for Upland cotton follows: ‘‘Cotton-producing State’’ publication, Florida produced 105,900 like the one carried out under the means each of the following States and Upland cotton 480-pound bales and Cotton Act. The new representation on combination of States: Alabama; would be entitled to one member and the Board will not overlap or contradict Arizona; Arkansas; California-Nevada; one alternate. Kansas produced 53,500 any ongoing promotional activities in Florida; Georgia; Kansas; Louisiana; Upland cotton 480-pound bales and any region of the Cotton Belt. Mississippi; Missouri-Illinois; New would be entitled to one member and The VCGA/NCC witness stated that Mexico; North Carolina; Oklahoma; one alternate. Virginia produced 98,050 the addition of individual South Carolina; Tennessee-Kentucky; 480-pound bales and would be entitled representation for Kansas, Virginia and Texas; and Virginia. to one member and one alternate. Florida reflects the shift in Upland Section 1205.314 of the Cotton Order We also note that the Cotton Ginnings cotton production over the years. For currently defines Cotton-Producing 2007 Summary shows the bales ginned example the witness said successful State as, ‘‘Cotton-producing State means for: Alabama—409,900 bales and North completion of the Boll Weevil each of the following States and Carolina—61,600 bales. This Eradication Program has led to the combination of States: Alabama-Florida; demonstrates that those states have resurgence and expansion of cotton in Arizona; Arkansas; California-Nevada; significant production of cotton, and the Southeast, including Virginia and

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Florida. In addition, improved representation on the Cotton Board, the section consistent with changes made to transportation, storage and handling, witness believes it will strengthen their the definition of ‘‘cotton-producing some as a direct result of research support, enhance communication from state’’ in section 1205.314 of the Order. conducted under the Cotton Act, has led these production areas, and better Material Issue Number 3 to Upland cotton production in Kansas. enable the Cotton Board to represent the According to the witness, in Virginia interests of all cotton-producing areas in The AMS witness testified that and Florida, the total economic activity the United States. The Cotton Board conditions exist that warrant the generated by cotton production and witness reiterated the statements made omission of a recommended decision in processing exceeds $100 million by the VCGA/NCC that the Research and this rulemaking proceeding under 7 CFR annually in each state. In Kansas, Promotion Program has been highly 1200.13(d) of the Rules of Practice and acreage expanded rapidly, until successful, and that broader Procedure with respect to the proposed recently, when prices from competing representation will facilitate even amendments. The 2008 Farm Bill crops reversed the trend. The witness stronger support and enhanced provides that this change be made stated that the three states continue to participation by producers. Moreover, during the 2008 crop of cotton. plant more than 300,000 acres of cotton, the Cotton Board witness affirmed the Omission of the recommended decision employ over 3,000 people, and produce VCGA/NCC witness’ statement that would allow the rulemaking to conform annual cotton crops valued at $100 nearly 1,000 producers, who account for to this timeline as closely as possible. million annually in each state at the nearly 5 percent of annual production, Accordingly, in accordance with section farm gate. will, for the first time have direct 1200.13(d) of the rules of practice and The witness commented that the representation and input into the procedure, it is hereby found and Cotton Research and Promotion Program program which they are helping to determined on the basis of the record funded through producer and importer finance if the amendments were that due and timely execution of the contributions has been highly implemented. Secretary’s functions imperatively and successful. Broader representation will Record evidence supports amending unavoidably requires omission of the facilitate even stronger support and section 1205.314 of the Order to recommended decision. enhance participation by producers. In incorporate the States of Kansas, Regulatory Flexibility Act and addition, the witness urged the Virginia, and Florida into the definition Paperwork Reduction Act Secretary to take the necessary action to of ‘‘cotton-producing State’’ as separate amend the Cotton Order, as this action States as provided in the 2008 Farm Pursuant to requirements set forth in will assure that nearly a thousand Bill. the Regulatory Flexibility Act (RFA) [5 producers, who account for nearly 5 U.S.C. 601–612], AMS has considered percent of annual production, will, for Material Issue Number 2 the economic effect of this action on the first time, have direct representation Section 1205.319 should be amended small entities and has determined that and input into the program which they to read as follows: its implementation will not have a are helping finance. The witness ‘‘Cotton-production region’’ means significant economic impact on a concluded by saying that allowing these each of the following groups of cotton- substantial number of small entities. states direct representation, the Cotton producing States: (a) Southeast Region: There are currently approximately Board will be better able to carry out its Alabama, Florida, Georgia, North 18,000 producers, and approximately mission and the purpose of the statute, Carolina, South Carolina, and Virginia; 16,000 importers that are subject to the to increase the demand for cotton and (b) Midsouth Region: Arkansas, Cotton Order. In 13 CFR part 121, the cotton products, will be fulfilled. Louisiana, Mississippi, Missouri- Small Business Administration (SBA) The witness representing the Cotton Illinois, and Tennessee-Kentucky; (c) defines small agricultural producers as Board testified in support of the Southwest Region: Kansas, Oklahoma those having annual receipts of no more proposed amendments. The witness and Texas; (d) Western Region: Arizona, than $750,000 and small agricultural indicated that the Cotton Board is ready California-Nevada, and New Mexico. service firms (importers) as those having to comply with the 2008 Farm Bill and The AMS witness testified that AMS annual receipts of no more than $7.0 any changes to the Cotton Act and is proposing to amend the definition of million. The majority of these producers Cotton Order that governs the Cotton cotton-producing region in section and importers are small businesses Research and Promotion Program. In 1205.319 of the Cotton Order to make it under the criteria established by the addition, the witness indicated that the consistent with the change to the SBA. Board is prepared to include the states definition of cotton-producing state. The Cotton Research and Promotion and their representatives into the Cotton ‘‘Cotton-producing region’’ is Act of 1966 provides authority to Board’s system of governance. The currently defined as each of the establish the Cotton Board to administer witness emphasized that the Cotton following groups of cotton-producing the Cotton Research and Promotion Board is organized to administratively states: (a) Southeast Region: Alabama- Program. In 2009, the Board is support and finance USDA’s efforts to Florida, Georgia, North Carolina- composed of 38 members and 38 amend the Cotton Order and implement Virginia, and South Carolina; (b) alternate members (23 producer and 15 the proposed amendments. The witness Midsouth Region: Arkansas, Louisiana, importer members and alternate testified that the Cotton Board believes Mississippi, Missouri-Illinois, and members) and one consumer advisor. that providing Kansas, Virginia, and Tennessee-Kentucky; (c) Southwest The Board is responsible for carrying Florida individual representation on the Region: Oklahoma and Texas; (d) out an effective and continuous program Board would enhance the Board’s Western Region: Arizona, California- of research and promotion in order to ability to carry out its mission and Nevada, and New Mexico.’’ strengthen the competitive position of fiduciary responsibility, namely, to Accordingly, record evidence Upland cotton by expanding domestic provide financing for and oversight of supports amending section 1205.319 of and foreign markets for cotton, the Program. The witness added that the Order to amend the definition of improving fiber quality, and lowering producers in these States have and will ‘‘cotton-producing region’’ to list the costs of production. The Program, continue to contribute funds to the Kansas, Virginia, and Florida as separate including U.S. Department of Program. By providing them individual states. This change should make the Agriculture administrative costs, is

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financed through producer and importer business, has jurisdiction to review the item entry would also be eligible to assessments levied on each bale or bale Secretary’s ruling, provided a complaint vote. equivalent of cotton at a rate of $1 per is filed within 20 days from the date of The agent of the Secretary to conduct bale with a supplemental (currently 5/ the entry of ruling. such referendum is hereby designated to 10ths of one percent) assessment not to be Shethir M. Riva, Chief, Research and Rulings on Briefs of Interested Persons exceed 1 percent of the value of lint of Promotion Staff, Cotton and Tobacco each bale. There are approximately Briefs, and the evidence in the record Programs, AMS, USDA, Stop 0224, 1400 18,000 producers, and approximately were considered in making the findings Independence Ave., SW., Room 2637–S, 16,000 importers that are subject to the and conclusions set forth in this Washington, DC 20250–0224, telephone Order. In 2008, the Board collected decision. To the extent that the (202) 720–6603, facsimile (202) 690– $64.2 million in assessments ($36.2 suggested findings and conclusions filed 1718, or e-mail at million from producers and $28 million by interested persons are inconsistent [email protected]. from importers). with the findings and conclusions of Single copies of the complete text of Interested persons were invited to this decision, the requests to make such the proposed amendments to the Cotton present evidence at the hearing on the findings or to reach such conclusions Research and Promotion Order may be possible regulatory and informational are denied. obtained from any Farm Service Agency impacts of the proposals on small Annexed hereto and made a part county office in cotton-producing businesses. The amendments proposed hereof is the document entitled ‘‘Order counties or from the Agricultural herein would not result in any Amending the Cotton Research and Marketing Service, Cotton and Tobacco additional regulatory requirements Promotion Order.’’ This document has Programs, Washington, DC 20250. being imposed on cotton producers and been decided upon the detailed and It is hereby ordered, That all of this importers. The proposed amendments to appropriate means of effectuating the decision, referendum order, and the Cotton Order merely reflect the foregoing findings and conclusions. annexed and Cotton Research and statutory changes needed to implement It is hereby ordered, that this entire Promotion Order be published in the the 2008 Farm Bill provisions that decision be published in the Federal Federal Register. provided that Kansas, Virginia, and Register. Florida be separate states in the List of Subjects in 7 CFR Part 1205 definition of ‘‘cotton-producing state.’’ Referendum Order Advertising, Agricultural research, There are no new information Cotton, Marketing agreements, Pursuant to the applicable provisions collection reports as a result of the Reporting and recordkeeping of the Cotton Research and Promotion proposed amendments. Information requirements. Act (7 U.S.C. 2101–2118) it is hereby collection requirements and Dated: September 28, 2009. recordkeeping provisions contained in 7 directed that a referendum be conducted Rayne Pegg, CFR part 1205 have been previously among the cotton producers and approved by the Office of Management importers who have been engaged in the Administrator, Agricultural Marketing and Budget (OMB) and assigned OMB production of Upland cotton in the Service. Control Number 0581–0093 under the United States or who were engaged in Order Amending the Order Regulating Paperwork Reduction Act of 1995 (44 the importation of Upland cotton or the Cotton Research and Promotion U.S.C. Chapter 35). cotton-containing products to determine Program whether such producers or importers Civil Justice Reform favor the amendments of the said Findings and Determinations The amendments herein have been annexed Cotton Research and The findings and determinations reviewed under Executive Order 12988, Promotion Order. hereinafter set forth are supplementary Civil Justice Reform. They are not The procedure applicable to the and in addition to the findings and intended to have retroactive effect. If referendum shall be the procedure for determinations previously made in adopted, the proposed amendments the conduct of referenda in connection connection with the issuance of the would not preempt any State or local with the Cotton Research and Promotion Order; and all of said previous findings laws, regulations, or policies, unless order (7 CFR part 1205.200) as and determinations are hereby ratified they present an irreconcilable conflict published in this issue of the Federal and affirmed. with this rule. Register. The referendum period shall Pursuant to the provisions of the The Cotton Act provides that be from October 13, 2009, through Cotton Research and Promotion Act administrative proceedings must be November 10, 2009, provided that (Cotton Act) (7 U.S.C. 2101–2118), and exhausted before parties may file suit in ballots cast prior to October 13, 2009, the applicable rules of practice and court. Under section 12 of the Cotton shall not be invalidated for that reason. procedure effective thereunder (7 CFR Act, any person subject to an order may For the purpose of determining part 1200), a public hearing was held in file with the Secretary of Agriculture a producer voter eligibility, the Washington, DC on December 5, 2008, petition stating that the order, any representative period is the period on the proposed amendments to the provision of the plan, or any obligation January 1, 2008 through December 31, Cotton Research and Promotion Order (7 imposed in connection with the order is 2008. Producers engaged in the CFR part 1205). Upon the basis of the not in accordance with law and production of the 2008 crop during that evidence introduced at such hearing requesting a modification of the order or period are eligible to vote in the and the record thereof, it is found that: to be exempted therefrom. Such person referendum. For the purpose of (1) The Cotton Order, as amended, as is afforded the opportunity for a hearing determining importer voter eligibility, hereby proposed to be further amended, on the petition. After the hearing, the the 12-month period during which and all of the terms and conditions Secretary would rule on the petition. qualifying imports of cotton must have thereof, will tend to effectuate the The Cotton Act provides that the been made is January 1, 2008, through declared policy of the Act; District Court of the United States in December 31, 2008, and imported such (2) All cotton produced and handled any district in which the person is an products having a value of cotton in in the United States is in the current of inhabitant, or has his principal place of excess of the de minimis value per line interstate or foreign commerce or

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directly burdens, obstructs, or affects ACTION: Notice of proposed rulemaking comments will be considered before interstate or foreign commerce in cotton (NPRM). taking action on the proposed rule. The and cotton products. proposal contained in this action may The provisions of the amended Order SUMMARY: This action proposes to revise be changed in light of comments are set forth in full herein. two Colored Federal Airways, Green 16 received. All comments submitted will (G–16) and Blue 26 (B–26), in Alaska. be available for examination in the List of Subjects in 7 CFR Part 1205 The FAA is proposing this action in public docket both before and after the Advertising, Agricultural research, preparation of the eventual closing date for comments. A report Cotton, Marketing agreements, decommissioning of the Barter Island summarizing each substantive public Reporting and recordkeeping (BTI) Non-directional Beacon (NDB) at contact with FAA personnel concerned requirements. the Village of Kaktovik, Alaska. with this rulemaking will be filed in the For the reasons set forth in the DATES: Comments must be received on docket. or before November 19, 2009. preamble, 7 CFR Part 1205 is proposed Availability of NPRMs to be amended as follows: ADDRESSES: Send comments on the proposal to the U.S. Department of An electronic copy of this document PART 1205—COTTON RESEARCH Transportation, Docket Operations, M– may be downloaded through the AND PROMOTION 30, 1200 New Jersey Avenue, SE., West Internet at http://www.regulations.gov. Building Ground Floor, Room W12–140, Recently published rulemaking 1. The authority citation 7 CFR part Washington, DC 20590–0001, telephone: documents can also be accessed through 1205 continues to read as follows: (202) 366–9826. You must identify FAA the FAA’s Web page at http:// Authority: 7 U.S.C. 2101–2118 and 7 Docket No. FAA–2009–0824 and www.faa.gov/air_traffic/publications/ U.S.C. 7401. Airspace Docket No. 09–AAL–11, at the airspace_amendments/. 2. Revise § 1205.314 to read as beginning of your comments. You may You may review the public docket follows: also submit comments on the Internet at containing the proposal, any comments http://www.regulations.gov. received, and any final disposition in § 1205.314 Cotton-producing State. FOR FURTHER INFORMATION CONTACT: Ken person in the Dockets Office (see Cotton-producing State means each of McElroy, Airspace and Rules Group, ADDRESSES section for address and the following States and combination of Office of System Operations Airspace phone number) between 9 a.m. and 5 States: Alabama; Arizona; Arkansas; and AIM, Federal Aviation p.m., Monday through Friday, except California-Nevada; Florida; Georgia; Administration, 800 Independence Federal holidays. An informal docket Kansas; Louisiana; Mississippi; Avenue, SW., Washington, DC 20591; may also be examined during normal Missouri-Illinois; New Mexico; North telephone: (202) 267–8783. business hours at the office of the Carolina; Oklahoma; South Carolina; SUPPLEMENTARY INFORMATION: Regional Air Traffic Division, Federal Tennessee-Kentucky; Texas; Virginia. Aviation Administration, 222 West 7th 3. Revise § 1205.319 to read as Comments Invited Avenue, Box 14, Anchorage, AK 99513– follows: Interested parties are invited to 7587. Persons interested in being placed on § 1205.319 Cotton-producing region. participate in this proposed rulemaking by submitting such written data, views, a mailing list for future NPRM’s should Cotton-producing region means each or arguments as they may desire. contact the FAA’s Office of Rulemaking, of the following groups of cotton- Comments that provide the factual basis (202) 267–9677, for a copy of Advisory producing States: Circular No. 11–2A, Notice of Proposed (a) Southeast Region: Alabama, supporting the views and suggestions Rulemaking Distribution System, which Florida, Georgia, North Carolina, South presented are particularly helpful in describes the application procedure. Carolina, and Virginia; developing reasoned regulatory (b) Midsouth Region: Arkansas, decisions on the proposal. Comments The Proposal Louisiana, Mississippi, Missouri- are specifically invited on the overall regulatory, aeronautical, economic, The FAA is proposing an amendment Illinois, and Tennessee-Kentucky; to the Title 14, Code of Federal (c) Southwest Region: Kansas, environmental, and energy-related aspects of the proposal. Regulations (14 CFR part 71), that Oklahoma and Texas; would revise two Colored Federal (d) Western Region: Arizona, Communications should identify both Airways, G–16 and B–26 by removing California-Nevada, and New Mexico. docket numbers (FAA–2009–0824 and Airspace Docket No. 09–AAL–11) and the segment to the BTI NDB from each [FR Doc. E9–23778 Filed 10–2–09; 8:45 am] be submitted in triplicate to the Docket airway description. In a separate action, BILLING CODE 3410–02–P Management Facility (see ADDRESSES one Area Navigation (RNAV) route T– section for address and phone number). 228 was revised, and T–73 was You may also submit comments through established to continue IFR service to DEPARTMENT OF TRANSPORTATION the Internet at http:// Village of Kaktovik, Alaska. The BTI www.regulations.gov. NDB decommissioning proposal was Federal Aviation Administration Commenters wishing the FAA to publicly circulated in notice number acknowledge receipt of their comments 06–AAL–49NR. After reviewing public 14 CFR Part 71 on this action must submit with those comment, the FAA decided that keeping [Docket No. FAA–2009–0824; Airspace comments a self-addressed, stamped the NDB was not feasible and that it Docket No. 09–AAL–11] postcard on which the following should be decommissioned. statement is made: ‘‘Comments to The FAA has determined that this RIN 2120–AA66 Docket No. FAA–2009–0824 and proposed regulation only involves an Proposed Revision of Colored Federal Airspace Docket No. 09–AAL–11.’’ The established body of technical Airways; Alaska postcard will be date/time stamped and regulations for which frequent and returned to the commenter. routine amendments are necessary to AGENCY: Federal Aviation All communications received on or keep them operationally current. Administration (FAA), DOT. before the specified closing date for Therefore, this proposed regulation: (1)

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Is not a ‘‘significant regulatory action’’ effective September 15, 2009, is to be 2. On page 48423, in the third under Executive Order 12866; (2) is not amended as follows: column, in the ADDRESSES section, a ‘‘significant rule’’ under DOT Paragraph 6009(a) Green Federal Airways. beginning in the second line, ‘‘[Docket Regulatory Policies and Procedures (44 No. FDA–2008–D–0409] (formerly FR 11034; February 26, 1979); and (3) * * * * * Docket No. 2004D–0431)’’ is corrected does not warrant preparation of a G–16 [Revised] to read ‘‘[Docket No. FDA–2009–N– regulatory evaluation as the anticipated From Point Lay, AK, NDB; Wainwright 0435]’’. impact is so minimal. Since this is a Village, AK, NDB; Browerville, AK, NDB; Dated: September 28, 2009. routine matter that will only affect air Nuiqsut Village, AK, NDB; to Put River, AK, David Horowitz, traffic procedures and air navigation, it NDB. is certified that this proposed rule, * * * * * Assistant Commissioner for Policy. [FR Doc. E9–23899 Filed 10–2–09; 8:45 am] when promulgated, will not have a Paragraph 6009(d) Blue Federal Airways. significant economic impact on a BILLING CODE 4160–01–S substantial number of small entities * * * * * under the criteria of the Regulatory B–26 [Revised] Flexibility Act. From Chena, AK, NDB, to Yukon River, DEPARTMENT OF THE INTERIOR The FAA’s authority to issue rules AK, NDB. National Park Service regarding aviation safety is found in * * * * * Title 49 of the United States Code. Subtitle I, Section 106 describes the Issued in Washington, DC, September 28, 36 CFR Part 7 2009. authority of the FAA Administrator. RIN 1024–AD75 Subtitle VII, Aviation Programs, Edith V. Parish, Manager, Airspace and Rules Group. describes in more detail the scope of the Special Regulations, Areas of the agency’s authority. [FR Doc. E9–23884 Filed 10–2–09; 8:45 am] National Park System, Grand Teton This rulemaking is promulgated BILLING CODE 4910–13–P National Park under the authority described in Subtitle VII, Part A, Subpart I, Section AGENCY: National Park Service, Interior. 40103. Under that section, the FAA is DEPARTMENT OF HEALTH AND ACTION: Proposed rule. charged with prescribing regulations to HUMAN SERVICES assign the airspace necessary to ensure SUMMARY: The National Park Service the safety of aircraft and the efficient Food and Drug Administration (NPS) proposes to designate certain use of airspace. This regulation is multi-use pathways in Grand Teton within the scope of that authority as it 21 CFR Part 4 National Park as routes for bicycle use; would revise Colored Federal Airways [Docket No. FDA–2009–N–0435] NPS regulations require issuance of a in Alaska. special regulation to designate routes for Current Good Manufacturing Practice bicycle use when it will be off park Environmental Review Requirements for Combination roads and outside developed areas. This proposal will be subject to an Products; Correction Several segments of multi-use pathways environmental analysis in accordance have been constructed, or are planned with FAA Order 1050.1E, AGENCY: Food and Drug Administration, for construction, and are located parallel ‘‘Environmental Impacts: Policies and HHS. to and generally within about 50 feet of Procedures,’’ prior to any FAA final ACTION: Proposed rule; correction. existing park roads. Moving bicycle regulatory action. traffic off the lanes of motor vehicle SUMMARY: The Food and Drug List of Subjects in 14 CFR Part 71 Administration (FDA) is correcting a travel will reduce real and perceived proposed rule that appeared in the safety hazards, which will enhance Airspace, Incorporation by reference, opportunities for non-motorized Navigation (air). Federal Register of September 23, 2009 (74 FR 48423). The document proposed enjoyment of the park, and encourage The Proposed Amendment to codify the current good the use of alternate transportation by manufacturing practice requirements park employees and visitors. In In consideration of the foregoing, the addition, the NPS is proposing revisions Federal Aviation Administration applicable to combination products. The document published with an incorrect to its regulations regarding fishing and proposes to amend 14 CFR part 71 as boating in certain park waters of Grand follows: docket number. This document corrects that error. Teton National Park to reflect current operating practices and management PART 71—DESIGNATION OF CLASS A, FOR FURTHER INFORMATION CONTACT: objectives. B, C, D, AND E AIRSPACE AREAS; AIR Joyce Strong, Office of Policy (HF–27), TRAFFIC SERVICE ROUTES; AND Food and Drug Administration, 5600 DATES: Comments must be received by REPORTING POINTS Fishers Lane, Rockville, MD 20857, December 4, 2009. 1. The authority citation for part 71 301–827–7010. ADDRESSES: You may submit your continues to read as follows: SUPPLEMENTARY INFORMATION: In FR Doc. comments, identified by Regulatory E9–22850, appearing on page 48423, in Information Number 1024–AD75 (RIN), Authority: 49 U.S.C. 106(g), 40103, 40113, the Federal Register of Wednesday, by any of the following methods: 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– • 1963 Comp., p. 389. September 23, 2009, the following Federal eRulemaking Portal: http:// corrections are made: www.regulations.gov. Follow the § 71.1 [Amended] 1. On page 48423, in the third instructions for submitting comments. 2. The incorporation by reference in column, in the Docket No. heading, • Mail: Grand Teton National Park, 14 CFR 71.1 of FAA Order 7400.9T, ‘‘[Docket No. FDA–2008–D–0409]’’ is P.O. Drawer 170, Moose, WY 83012. Airspace Designations and Reporting corrected to read ‘‘[Docket No. FDA– • Hand Deliver to: Superintendent’s Points, signed August 27, 2009, and 2009–N–0435]’’. Office, Moose, Wyoming.

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Instructions: All submissions received hiking trails, 140 miles of paved roads, system of multi-use pathways within must include the agency name and and 70 miles of unpaved roads. the park. The system will include 39 docket number or Regulatory Visitation to the park has remained miles of pathways between the south Information Number (RIN) for this relatively constant over the last decade park boundary and Colter Bay via the rulemaking. All comments received will at approximately 2.5 million Teton Park Road, as well as a 3-mile be posted without change to http:// recreational visitors, mostly occurring segment along the Moose-Wilson Road www.regulations.gov, including any between the months of May and between the Granite Canyon Entrance personal information provided. For September. and the Laurance S. Rockefeller detailed instructions on submitting In April 2000, Grand Teton National Preserve. In general, pathways will be comments and additional information Park undertook a transportation study to constructed within 50 feet of the road, on the rulemaking process, see the provide basic information regarding except that the 16-mile segments ‘‘Public Participation’’ heading of the transportation issues in the park. The between North Jenny Lake Junction and SUPPLEMENTARY INFORMATION section of study served as a foundation for the Colter Bay and along the Moose-Wilson this document. next step in the process, which included Road will be constructed in very close Docket: For access to the docket to the development of a transportation proximity to the roads, generally within read background documents or plan that was initiated in September the existing engineered and previously comments received, go to http:// 2001. The Transportation Plan/Final disturbed road corridors. www.regulations.gov. Environmental Impact Statement (FEIS) The preferred alternative in the final was released in September 2006. A plan/EIS, and subsequently adopted in FOR FURTHER INFORMATION CONTACT: Gary Record of Decision (ROD) selecting the ROD, addressed the concerns Pollock, Management Assistant, Grand Alternative 3a was signed on March 12, regarding wildlife through a Teton National Park, 307–739–3428 or 2007, and a notice of the decision was combination of research and at the address listed in the ADDRESSES published in the Federal Register on monitoring, construction phasing, and section. April 24, 2007 (72 FR 20365). A full the requirement that certain portions of SUPPLEMENTARY INFORMATION: description of the alternatives that were the pathway system would be Background considered, the environmental impacts constructed within the existing road associated with the project, and public corridors. Specifically, the ROD Grand Teton National Park is located involvement can be found online at includes a significant emphasis on in northwest Wyoming, and http://www.nps.gov/grte/parkmgmt/ wildlife research and monitoring to encompasses approximately 310,000 tranplan.htm. provide detailed understanding of the acres. Located just to the south of Although the planning effort and ROD effects of pathway development. Yellowstone National Park, Grand Teton addressed a variety of transportation- Monitoring and research activities were is at the heart of the Greater related issues, a major focus was on the begun in 2007 to provide a pre- Yellowstone Ecosystem, and includes development of a system of multi-use construction baseline, and will continue the iconic mountains of the Teton pathways to improve opportunities for through at least 2009. The phased Range, the broad valley of Jackson Hole, non-motorized activities within the approach to construction of the pathway numerous lakes, and a 40-mile segment park. Bicycling has become increasingly system will allow information obtained of the Snake River. The park was popular in the park, and many visitors from the research and monitoring originally established in 1929, but at and others who commented during the program to be integrated into the design that time included only the mountains planning process expressed concerns and operation of each subsequent and several of the lakes at their base. In over the risks that are present when pathway segment. Finally, for those 1943, Jackson Hole National Monument bicycles and motor vehicles share the portions of the pathway system between was established by presidential road. Commentors often noted that this North Jenny Lake Junction and Colter proclamation, including much of the was particularly true for families with Bay, and along the Moose-Wilson Road, valley to the east of the mountains. In young children or visitors who are not the pathways will be located within the 1950, Congress combined the 1929 park experienced bicyclists. engineered corridor in which the and the national monument into the Among the issues that were raised existing roadways are located. Since the present-day national park, ending the during the planning process were the road corridors are less frequently used long and controversial period that led potential effects of the pathway system by wildlife than the adjacent habitat, up to the park’s establishment. on the park’s wildlife. Although wildlife and have generally clear lines of sight, The park supports diverse and is abundant and often visible from park the chances for surprise encounters abundant populations of wildlife, and is roads, it is well documented that between bicyclists and wildlife would world renowned for its opportunities to animals respond differently to be reduced to essentially the same level view elk, moose, bison, pronghorn, pedestrians and bicyclists than they do that exists on the road shoulder. grizzly and black bears, grey wolves, to the mere presence of motor vehicles. The first phase of pathways was and coyotes. Other species, such as The potential for reducing the constructed during the summer and fall trumpeter swans, bald eagles, and many effectiveness of habitat and displacing of 2008. These segments extend from species of waterfowl and small wildlife from areas located near the the Dornan’s inholding near park mammals are also abundant. pathways was a significant concern for headquarters in Moose along the Teton Visitors to Grand Teton National Park many individuals and organizations that Park Road to the South Jenny Lake area, typically participate in several types of commented during the planning a distance of approximately 8 miles. activities, including scenic touring, process. Furthermore, in light of the Additional segments may be viewing wildlife, hiking, mountain park’s abundant wildlife, concerns were constructed as funds become available. climbing, fly fishing, float trips, raised regarding the potential for This proposed rule complies with 36 bicycling, and other forms of recreation surprise encounters between bicyclists CFR 4.30, which requires the NPS to consistent with enjoyment of the park’s and large animals, including grizzly designate bicycle routes outside of resources. The park includes several bears. developed areas through promulgation major developed areas, five The ROD sets forth the park’s decision of a special regulation. That regulation campgrounds, almost 200 miles of for the development of an extended further specifies that such routes may be

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designated only upon ‘‘* * * a written practice was discontinued several years or obligations of their recipients. It only determination that such use is ago. affects the use of bicycles and consistent with the protection of a park motorboats within Grand Teton Section-by-Section Analysis area’s natural, scenic and aesthetic National Park. No grants or other forms values, safety considerations and § 7.22(b) Fishing of monetary supplement are involved. management objectives and will not The proposed rule would eliminate (4) This rule does not raise novel legal disturb wildlife or park resources.’’ The the provision in paragraph (3) that or policy issues. This rule simply Superintendent has made such a authorizes marine bait dealers at implements the Servicewide bicycle determination and found that the Jackson Lake to take certain species of regulation regarding bicycle routes in designation of the pathway segment fish taken from Jackson Lake or waters Grand Teton National Park. between Moose and South Jenny Lake as that flow into Jackson Lake and sell Regulatory Flexibility Act a route for bicycle use is consistent with those fish as bait. the requirements of 36 CFR 4.30. The Department of the Interior The proposed rule would also make § 7.22(e) Vessels certifies that this document will not several changes to the special The proposed rule would eliminate have a significant economic effect on a regulations for Grand Teton National the reference to Phelps Lake in substantial number of small entities Park to reflect current operating paragraph (1), thus prohibiting the use under the Regulatory Flexibility Act (5 practices or changes to the park’s land of motorboats on that body of water. U.S.C. 601 et seq.). This certification is status. The proposed rule would close Motorboats would continue to be based on information contained in the Phelps Lake to the operation of motor allowed on Jackson and Jenny lakes. report titled, ‘‘Cost-Benefit and boats, consistent with all other Regulatory Flexibility Analyses: backcountry lakes in the park. This § 7.22(h) Where may I ride a bicycle in Proposed Regulations Designating change is prompted by the change in Grand Teton National Park? Pathways for Multi-Use in Grand Teton land status for the area surrounding the The proposed rule adds a new National Park,’’ which is available for southern half of the lake. Prior to paragraph to the special regulations for public review at http:// November 2007, these lands were a Grand Teton National Park, designating www.regulations.gov. private inholding within the park two segments of existing multi-use Small Business Regulatory Enforcement known as the JY Ranch, owned by pathways as routes for bicycle use. The Fairness Act (SBREFA) Laurance S. Rockefeller and, subsequent general regulations for bicycle use in the to his death, by his estate. The property National Park System require that such This rule is not a major rule under 5 functioned as a family guest ranch and designation be accomplished by the U.S.C. 804(2), the Small Business retreat for the Rockefeller family since promulgation of a special regulation. Regulatory Enforcement Fairness Act. the 1930s, where guests typically The proposed rule would designate the This rule: engaged in activities such as hiking, segments that were completed in 2008. a. Does not have an annual effect on horseback riding, and boating on Phelps the economy of $100 million or more. Lake. The ranch included a boathouse Compliance With Other Laws b. Will not cause a major increase in on the lakeshore where motorboats were Regulatory Planning and Review kept during the summer. The park’s costs or prices for consumers, (Executive Order 12866) special regulations authorized the use of individual industries, Federal, State, or motorboats on Phelps Lake, thereby This document is not a significant local government agencies, or allowing the JY Ranch to continue a use rule and is not subject to review by the geographic regions. that had existed prior to the park’s Office of Management and Budget under c. Does not have significant adverse establishment. No other motorboat use Executive Order 12866. effects on competition, employment, occurred on the lake since it was (1) This rule will not have an effect of investment, productivity, innovation, or inaccessible to park visitors except on $100 million or more on the economy. the ability of U.S.-based enterprises to foot or horseback. It will not adversely affect in a material compete with foreign-based enterprises. Before his death, Mr. Rockefeller way the economy, productivity, This determination is based on made a decision to donate the property competition, jobs, the environment, information from ‘‘Cost-Benefit and to the United States for inclusion within public health or safety, or State, local, Regulatory Flexibility Analyses: Grand Teton National Park. In or tribal governments or communities. Proposed Regulations Designating accordance with Mr. Rockefeller’s This is based on information contained Pathways for Multi-Use in Grand Teton wishes, all buildings, roads, and other in the report titled ‘‘Cost-Benefit and National Park’’ which can be found at development were removed by his Regulatory Flexibility Analyses: http://www.regulations.gov. This action estate, and a system of trails to allow Proposed Regulations Designating does not involve additional visitors to enjoy the area was Pathways for Multi-Use in Grand Teton construction, fees, or other measures constructed. The property was acquired National Park,’’ which is available for that would increase costs to visitors, by the United States in November 2007. public review at http:// businesses, communities, or the Park. The proposed rule would remove the www.regulations.gov. Therefore, this action will not impose now unnecessary provision to allow (2) This rule will not create a serious any costs. motorboat use on Phelps Lake. inconsistency or otherwise interfere Unfunded Mandates Reform Act The proposed rule would remove the with an action taken or planned by provision in § 7.22(b) that allows another agency. Implementing actions This rule does not impose an authorized marine bait dealers, all of under this rule will not interfere with unfunded mandate on State, local, or which are park concessioners, to keep plans by other agencies or local tribal governments or the private sector certain species of fish taken from government plans, policies, or controls of more than $100 million per year. The Jackson Lake and sell them as bait. The since this is an agency specific change. rule does not have a significant or NPS determined that provision to be (3) This rule does not alter the unique effect on State, local or tribal unnecessary and inconsistent with NPS budgetary effects of entitlements, grants, governments or the private sector. It Management Policies 2006 and the user fees, or loan programs or the rights addresses public use of national park

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lands, and imposes no requirements on Teton National Park were consulted Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec. other agencies or governments. during the preparation of the 7.96 also issued under D.C. Code 10– Environmental Impact Statement for the 137(2001) and D.C. Code 50–2201 (2001). Takings (E.O. 12630) project. 2. Amend § 7.22 to revise paragraphs Under the criteria in Executive Order Clarity of Rule (b)(3) and (e)(1) and add a new 12630, this rule does not have paragraph (h) to read as follows: significant takings implications. A We are required by Executive Orders takings implication assessment is not 12866 and 12988 and by the § 7.22 Grand Teton National Park. required. Presidential Memorandum of June 1, * * * * * Federalism (E.O. 13132) 1998, to write all rules in plain language. This means that each rule we (b) * * * In accordance with Executive Order publish must: (3) Bait: The use or possession of fish 13132, the rule does not have sufficient (a) Be logically organized; eggs or fish for bait is prohibited, except federalism implications to warrant the (b) Use the active voice to address it shall be permissible to possess or use preparation of a Federalism Assessment. readers directly; the following dead, non-game fish for This proposed rule only affects use of (c) Use clear language rather than bait on or along the shores of Jackson NPS administered lands and waters. It jargon; Lake: Redside shiner, speckled dace, has no outside effects on other areas. (d) Be divided into short sections and longnose dace, piute sculpin, mottled Civil Justice Reform (E.O. 12988) sentences; and sculpin, Utah chub, Utah sucker, bluehead sucker, and mountain sucker. This rule complies with the (e) Use lists and tables wherever requirements of Executive Order 12988. possible. * * * * * Specifically, this rule: If you feel that we have not met these (e) Vessels. (1) Motorboats are (a) Does not unduly burden the justice requirements, send us comments by one prohibited on all park waters except ADDRESSES system; of the methods listed in the Jackson Lake and Jenny Lake. On Jenny section. To better help us revise the (b) Meets the criteria of section 3(a) Lake, motorboats are restricted to requiring that all regulations be rule, your comments should be as motors not in excess of 71⁄2 horsepower. specific as possible. For example, you reviewed to eliminate errors and Additionally, on Jenny Lake, an should tell us the numbers of the ambiguity and be written to minimize authorized boating concessioner may litigation; and sections or paragraphs that you find operate motorboats under conditions (c) Meets the criteria of section 3(b)(2) unclear, which sections or sentences are specified by the Superintendent. requiring that all regulations be written too long, the sections where you feel in clear language and contain clear legal lists or tables would be useful, etc. * * * * * standards. Drafting Information: The primary (h) Where may I ride a bicycle in authors of this regulation were Gary Paperwork Reduction Act Grand Teton National Park? (1) You Pollock, Management Assistant, Grand may ride a bicycle on park roads, in This rule does not contain Teton National Park, Michael Tiernan, parking areas, and upon designated information collection requirements, Office of the Solicitor, U.S. Department routes established within the park in and a submission under the Paperwork of the Interior and Philip A. Selleck, accordance with § 4.30(a) of this Reduction Act (PRA) is not required. Chief, Regulations and Special Park chapter. The following routes are Uses, National Park Service. National Environmental Policy Act designated for bicycle use: In accordance with the National Public Participation (i) The paved multi-use pathway Environmental Policy Act, the National Before including your address, phone between Dornan’s and the Teton Park Park Service prepared an Environmental number, e-mail address, or other Road. Impact Statement and Record of personal identifying information in your (ii) The paved multi-use pathway Decision for the uses contemplated in comment, you should be aware that alongside the Teton Park Road between the proposed rule. A copy of the your entire comment—including your Dornan’s Junction and the South Jenny documents can be obtained by personal identifying information—may Lake developed area. contacting the Superintendent, Grand be made publicly available at any time. Teton National Park, P.O. Drawer 170, While you can ask us in your comment (2) The Superintendent may open or Moose, Wyoming 83012. The to withhold your personal identifying close designated bicycle routes, or documents are also available online at information from public review, we portions thereof, for bicycle use after http://www.nps.gov/grte/parkmgmt/ cannot guarantee that we will be able to taking into consideration the location of tranplan.htm. do so. wildlife, the amount of snow cover or other environmental conditions, public Government-to-Government List of Subjects in 36 CFR Part 7 safety, and other factors, pursuant to the Relationship With Tribes National parks, Reporting and criteria and procedures of §§ 1.5 and 1.7 In accordance with the President’s recordkeeping requirements. of this chapter. memorandum of April 29, 1994, In consideration of the foregoing, the ‘‘Government to Government Relations Dated: July 20, 2009. National Park Service proposes to with Native American Tribal Will Shafroth, amend 36 CFR Part 7 as set forth below: Governments’’ (59 FR 22951) and 512 Deputy Assistant Secretary for Fish and DM 2: PART 7—SPECIAL REGULATIONS, Wildlife and Parks. We have evaluated the potential AREAS OF THE NATIONAL PARK [FR Doc. E9–23946 Filed 10–2–09; 8:45 am] effects on federally recognized Indian SYSTEM BILLING CODE 4312–CX–P tribes and have determined that there are no potential effects. Representatives 1. The authority citation for Part 7 is of the eleven tribes affiliated with Grand revised to read as follows:

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DEPARTMENT OF VETERANS adapted housing (SAH) grants. In and 37 of title 38 U.S.C. are deemed AFFAIRS administering the SAH program, VA where applicable to refer also to the helps these eligible individuals to prior corresponding provisions of the 38 CFR Part 36 purchase, construct, or adapt a home law. At the time the current rule was RIN 2900–AM87 that suits the individual’s living needs. promulgated, Congress had recently This document proposes to amend VA’s consolidated into title 38 all of the laws Loan Guaranty: Assistance to Eligible regulations in 38 CFR Part 36, Subpart administered by the then Veterans Individuals in Acquiring Specially C, Assistance to Certain Disabled Administration. Almost 50 years have Adapted Housing Veterans in Acquiring Specially passed since Congress moved the Adapted Housing, §§ 36.4400 through statutes governing SAH to 38 U.S.C. AGENCY: Department of Veterans Affairs. 36.4410, which implement the SAH chapter 21, and VA believes the ACTION: Proposed rule. grant program. Because eligibility for reference to the former provisions may SAH grants includes certain disabled confuse readers. Therefore, the SUMMARY: This document proposes to servicemembers, the proposed rule proposed rule would delete the amend the Department of Veterans would revise the heading of Subpart C reference to the former codification of Affairs’ (VA’s) Loan Guaranty to refer to ‘‘Eligible Individuals’’ rather the SAH authorizing statutes. The regulations concerning assistance to than ‘‘Certain Disabled Veterans.’’ section’s heading would be changed to eligible individuals in acquiring The proposed amendments are ‘‘Authority’’ to reflect changes in its specially adapted housing. These necessary for three reasons. First, VA content. The proposed rule would no proposed changes would improve the believes the regulations should be longer contain the current rule’s readability of the regulations, provide written in a reader-focused style. applicability provisions. No substantive further detail about program policies, Second, detailed guidance about change is intended by the changes to and incorporate legislation, policy program policies and an easy-to-follow this section. changes, and a VA Office of the General organizational structure will help Counsel legal opinion. applicants and eligible individuals (and Section 36.4401 Definitions DATES: Comments must be received on those acting on their behalf) to navigate Currently, definitions of eight terms or before December 4, 2009. the program. Third, substantive changes are found in § 36.4401: ‘‘Secretary,’’ ADDRESSES: Written comments may be are necessary to incorporate legislation, ‘‘chapter 21,’’ ‘‘movable facilities,’’ submitted through http:// policy decisions, and a legal decision of ‘‘necessary land,’’ ‘‘special fixtures and www.Regulations.gov; by mail or hand- VA’s Office of the General Counsel. necessary adaptations,’’ ‘‘housing unit,’’ delivery to Director, Regulations Pursuant to 38 U.S.C. 2101(d), the ‘‘remodeling,’’ and ‘‘veteran’s family.’’ Management (02REG), Department of Secretary may prescribe regulations The proposed rule would add 16 terms Veterans Affairs, 810 Vermont Ave., applicable to the SAH program. In and delete six terms. These changes NW., Room 1068, Washington, DC revising these regulations, VA intends would: (1) Replace certain terms with 20420; or by fax to (202) 273–9026. that applicants, eligible individuals, more reader-friendly ones; (2) add new Comments should indicate that they are other program participants, and other terms, providing SAH-specific meanings submitted in response to RIN 2900– interested parties will be better where everyday usage might require AM87 ‘‘Loan Guaranty: Assistance to informed about the legal requirements additional clarification; (3) define Eligible Individuals in Acquiring and Department policies that guide the terminology unique to the SAH Specially Adapted Housing.’’ Copies of administration of SAH grants. program; (4) provide new definitions as a result of both established and comments received will be available for II. Regulatory Overview public inspection in the Office of proposed VA policies; and (5) delete Regulation Policy and Management, The following is a section-by-section terms that would be rendered Room 1063B, between the hours of 8 analysis of VA’s proposed rule. We unnecessary by the new rule. The terms a.m. and 4:30 p.m., Monday through outline briefly for each section the would also be reordered to appear in Friday (except holidays). Please call current rule and the proposed rule, as alphabetical order. (202) 461–4902 (this is not a toll-free well as the reasons for the changes, First, the definition of ‘‘Housing unit’’ number) for an appointment. In noting the objectives and intended would be expanded to make it easier for addition, during the comment period, effects of the proposed rule. VA the general public to understand the comments may be viewed online welcomes comments on every aspect of rule. The term ‘‘Housing unit,’’ which through the Federal Docket Management its proposal, but is particularly would be defined to include ‘‘any System (FDMS) at http:// interested in drawing attention to three residential unit, including all necessary www.Regulations.gov. sections: (1) § 36.4404, in which VA land, improvements, and proposes to ease the requirements for appurtenances, together with such FOR FURTHER INFORMATION CONTACT: satisfying the SAH eligibility criteria; (2) movable equipment or special features Katherine Faliski, Assistant Director for § 36.4405, VA’s proposed two-staged as are authorized by 38 U.S.C. 1717 and Loan Policy and Valuation, Loan approval process intended to reduce 2101,’’ would incorporate the current Guaranty Service (26), Veterans Benefits eligible individuals’ out-of-pocket definitions of ‘‘movable facilities,’’ Administration, Department of Veterans expenses, thereby increasing the ‘‘necessary land,’’ and ‘‘special fixtures Affairs, 810 Vermont Avenue, NW., number of eligible individuals who may and necessary adaptations.’’ Washington, DC 20420, (202) 461–9527. use the SAH program; and (3) § 36.4406, Second, the proposed rule would (This is not a toll-free telephone a more structured process for expand the list of definitions and number.) reimbursing eligible individuals who provide SAH-specific meanings for SUPPLEMENTARY INFORMATION: have expended personal funds toward some commonly-used words. For authorized grant expenses. example, the term ‘‘reside,’’ which I. Introduction would mean ‘‘to occupy (including Veterans and servicemembers with Section 36.4400 Authority seasonal occupancy) as one’s severe disabilities may be eligible under Current § 36.4400, ‘‘Applicability,’’ residence,’’ would reflect VA’s current 38 U.S.C. chapter 21 for specially states that any references to chapters 21 policy of allowing seasonal occupancy

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under the SAH program. Other new would be considered part of the Congress expressly limited 38 U.S.C. terms include: ‘‘Adapt,’’ ‘‘braces,’’ definition of ‘‘adapt,’’ and ‘‘veteran’s 2102(a)(2) and (a)(4) to the smaller of ‘‘disability,’’ ‘‘eligible individual,’’ and family,’’ which would be replaced with the available sums, but did not impose ‘‘eligible individual’s family.’’ ‘‘eligible individual’s family.’’ a similar limitation on option (a)(3). VA Third, a few of the proposed Therefore, VA proposes to delete these has always interpreted Congress’s definitions reflect terminology that has terms. omission as being intentional, meaning the Secretary should pay the greater of developed over time with the SAH Section 36.4402 Grant Types program: ‘‘Paraplegic housing grant or the available sums to eligible PH grant,’’ ‘‘adapted housing grant or Chapter 21 of title 38, U.S.C., individuals who choose option (a)(3). AH grant,’’ and ‘‘temporary residence authorizes the Secretary to provide three This is consistent with the policy of the adaptations grant or TRA grant,’’ would types of SAH grants. The PH grant is Specially Adapted Housing program mean grants authorized under 38 U.S.C. available to the most severely disabled which ‘‘is intended to be of the highest 2101(a), 2101(b), and 2102A, veterans and servicemembers who meet beneficial character and, within respectively. ‘‘Specially adapted the criteria set forth in section 2101(a). reasonable legal bounds, should be housing grant’’ would be defined to The monetary cap on PH grants, liberally construed.’’ VAOPGCPREC 13– clarify that the term refers collectively currently $60,000, is higher than that for 95. The section would also tie the grant to PH, AH, or TRA grants. ‘‘Aggregate the other grants. The AH grant is for amount to the ‘‘aggregate amount of amount of assistance available’’ would severely disabled veterans and assistance available’’ rather than mean the grant amount available to an servicemembers who satisfy the explicitly mentioning a dollar figure. In eligible individual based on the annual requirements of section 2101(b). Its addition, the section would clarify the adjustments required by 38 U.S.C. statutory cap is currently $12,000. The restrictions on duplication of benefits 2102(e). TRA grant, authorized by Public Laws that currently exist in § 36.4402(b)(1) Fourth, the proposed rule would add 109–233 and 110–289, is a grant that and (b)(2). These restrictions are several definitions that are the result of allows eligible individuals who intended to reflect the limitations substantive policy decisions. The term temporarily reside in a housing unit imposed by 38 U.S.C. 2104(b) without ‘‘ownership interest’’ would: (1) Ensure owned by a member of the eligible imposing any additional limitation. that an eligible individual will not be individual’s family to receive assistance Finally, the section would correct the denied SAH benefits because he or she to adapt that home. citation of section 1712 by referring Currently, the regulations do not chooses a less traditional method of instead to 38 U.S.C. 1717. describe in detail the various SAH grant property ownership, (2) account for the The proposed changes in § 36.4402 types. Instead, they cite only the basic fact that trends in property ownership are necessary for three reasons. First, by information codified at 38 U.S.C. 2101. vary based on geographic region, and (3) discussing the specifics of the PH grant, Moreover, the regulations give few AH grant, and TRA grant plans, the incorporate statutory language expressly particulars about the various grant types permitting the Secretary to provide SAH proposed rule would better inform available to eligible individuals, but eligible individuals about their SAH grants outside the United States. A specifically reference the maximum definition of ‘‘beneficial property options. Second, since the TRA grant grant amounts, which are subject to was authorized by Public Laws 109–233 interest’’ has also been added to annual adjustments and, thus, easily facilitate provision of SAH grants (‘‘Veterans’ Housing Opportunity and outdated. Benefits Improvement Act of 2006’’) and outside the United States by accounting Therefore, under the proposed rule, 110–289 (‘‘Housing and Economic for different laws and customs related to § 36.4402, ‘‘Grant types,’’ would explain Recovery Act of 2008’’), which were property ownership in various the PH grant, AH grant, and TRA grant. enacted after VA issued the current SAH countries. The preamble explanation of More specifically, the section would regulations, the proposed rule would § 36.4405 describes more fully the describe the respective plan options update the SAH regulations to include effects of this change. under which an eligible individual may relevant information about this benefit. Note: Though not required by this obtain assistance. The statute provides Finally, eliminating specific dollar proposed rule, VA recommends that eligible formulas for calculating the amount of amounts from the regulatory text would individuals seek professional estate planning grant assistance, based on the type of allow the Secretary to adjust grant advice when determining the type of legal grant and the nature of the property to amounts, in accordance with applicable interest that best suits the eligible be adapted. By outlining these detailed individual’s needs. statutory provisions (38 U.S.C. 2102(e)), formulas in the regulation, VA would without amending the regulations. The Three other new defined terms would make it easier for the public to intended effect of this action is clear, be ‘‘construction-related cost,’’ understand how VA determines the detailed, accurate regulations that will ‘‘preconstruction cost,’’ and amount of assistance it is to provide. VA further assist eligible individuals in ‘‘reimburse.’’ VA believes that these also clarifies its interpretation of 38 obtaining their SAH benefits. terms are necessary in explaining VA’s U.S.C. 2102(a)(3), which governs the policy of reimbursing eligible amounts of assistance available for the Section 36.4403 Subsequent Use individuals (or, where applicable, their remodeling of a dwelling acquired prior Currently, the SAH regulations do not estates) for costs related to the to the application for SAH assistance. provide any information about preparation for adaptations and for the This provision requires the Secretary to subsequent use of SAH grants. Prior to actual adaptations. An in-depth pay the greater of (A) the cost to the the enactment of Public Law 109–233 in explanation of this policy is provided veteran of such remodeling or (B) 50 2006, an individual could receive only below, in the discussion of § 36.4406. percent of the cost to the veteran of such one grant of assistance under the SAH Finally, the proposed rule would remodeling, plus other costs as program. Therefore, even if an render certain terms unnecessary. Such prescribed by statute. These other costs individual had used only half of the terms are ‘‘chapter 21,’’ ‘‘movable may be either 50 percent of the costs of aggregate amount of assistance facilities,’’ ‘‘necessary land,’’ and the dwelling and land or the full available, the individual was unable to ‘‘special fixtures and necessary amount of any unpaid principal loan preserve the balance of assistance in adaptations,’’ ‘‘remodeling,’’ which balance, whichever is less. Since order to reuse the benefit at a later date.

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With the enactment of Public Law Therefore, proposed § 36.4404, regulations state as clearly as possible 109–233, the program was expanded to ‘‘Eligibility for assistance,’’ would revise which disability conditions make an allow for up to three grant usages per current § 36.4402 by limiting its scope individual eligible for which grant. eligible individual, subject to the only to those criteria necessary for SAH Second, it is necessary to state expressly aggregate amount of assistance eligibility: Disability requirements and to the public that eligibility cannot be available. Accordingly, we are feasibility and suitability requirements. established (and, consequently, neither proposing that § 36.4403, ‘‘Subsequent In terms of disability requirements, the preconstruction costs nor construction use,’’ would describe the restrictions on section would outline the statutory costs may be incurred) until both the obtaining more than one SAH grant. The requirements. In terms of feasibility and disability requirements and the section would discuss the number of suitability requirements, this section feasibility and suitability requirements times each grant may be used and the would outline the requirements set forth have been confirmed and documented. aggregate amount of assistance for PH grants in 38 U.S.C. 2101(a)(3), for VA has authority to take this action available. Additionally, the section AH grants in section 2101(b)(3), and for pursuant to 38 U.S.C. 2101 and 2102A. would note that funds from subsequent TRA grants in section 2102A. The intended effect of this action is grant usages may not be used The statutory meaning of PH grant regulations that are up to date and that retroactively; in other words, even if the feasibility is that an applicant’s medical accurately describe all of the eligible individual has not used the condition does not prevent him or her requirements that may make an aggregate amount of assistance from living in the proposed housing individual eligible for SAH assistance. available, subsequent use funds may not unit, in the proposed locality, and that Section 36.4405 Grant Approval reimburse for costs incurred prior to the the applicant’s present or anticipated enactment of the enabling legislation income and expenses bear a proper Currently, the regulations provide (June 15, 2006) or prior to the eligible relation to the proposed housing unit. little information regarding the SAH individual’s subsequent use grant Evidence of such feasibility might grant approval process. While approval. The intended effect of this include, among other things, doctors’ regulations are not always the proper action is regulations that are up to date orders and credit reports. medium through which to explain and that will educate applicants and PH grant suitability means that the detailed administrative procedures, it is other interested persons about nature and condition of the proposed important for applicants, eligible opportunities available through the SAH housing unit are suitable to the individuals, and other affected members program. applicant’s living needs. In most cases, of the public to understand the the proposed rule would simplify the chronology of the program and what it Section 36.4404 Eligibility for evidence one must submit at this stage means to them as far as incurring costs Assistance by allowing him or her to provide and moving forward with planning and 38 U.S.C. 2101 sets forth the materials as basic as non-scaled construction. Thus, VA is proposing eligibility requirements for obtaining drawings and a specific list of the that the regulations contain details SAH assistance by dividing such proposed adaptations. Depending on the about the meanings, requirements, and requirements into two categories: (i) applicant’s condition and the proposed implications of the SAH grant approval Disability requirements and (ii) adaptations, however, a determination process. feasibility and suitability requirements. may require more detailed Under the current grant approval The former prescribes the medical documentation, such as scaled plans process, SAH agents at field facilities criteria necessary for eligibility; the and specifications. Additional aspects of counsel applicants, in accordance with latter establishes minimum standards this policy are discussed in the analysis the program’s operating manual (VBA for determining whether the proposed of §§ 36.4405 and 36.4406. Manual M26–12, ‘‘Specially Adapted adaptations are consistent with the Like the PH grant, the AH grant’s Housing Grant Processing Procedures, purpose of the SAH program and the feasibility and suitability requirements Loan Guaranty Operations Regional applicant’s unique circumstances. in this proposed rule mirror the statute. Office Manual,’’ available at http:// Applicants must satisfy the Such requirements are based on www.warms.vba.va.gov/M26_12.html), requirements of both statutory residency and can be satisfied by the at each point in the application process. categories before being considered applicant certifying that he or she Changes to the SAH program eligible to receive a grant of assistance. resides, and reasonably intends to (specifically, the subsequent use and Currently, the regulations reside, in the proposed housing unit. If TRA grant provisions of Public Laws implementing the eligibility the applicant’s residence is not yet 109–233 and 110–289) have rendered requirements are found at 38 CFR constructed, then the applicant must the program complex enough that 36.4402. In that section, there is no certify that he or she will be residing in, specific regulatory guidance in the area discussion of the medical disability and reasonably intends to be residing in, of grant approval will simplify the requirements for SAH eligibility, merely the housing unit. An applicant may also process for all participants. a reference to 38 U.S.C. 2101. Current be eligible for an AH grant if the existing Under proposed § 36.4405, ‘‘Grant § 36.4402 details the feasibility and housing unit, or the housing unit to be approval,’’ VA would formalize a two- suitability requirements located at 38 constructed, is owned by a member of staged grant approval process. The first U.S.C. 2101(a)(3) and (b)(3), but it also the applicant’s family. stage of the approval process would lead lists the legal property interests, non- Proposed § 36.4404 would also to what proposed § 36.4405(a) calls discrimination certifications, and flood address another important aspect of ‘‘conditional approval,’’ at which point insurance certifications that are eligibility. Because ownership interests, the Secretary may authorize certain acceptable to VA for the purpose of the non-discrimination certifications, and preconstruction costs. The second stage, SAH program. Although these last three flood certifications are not part of the as set forth in proposed § 36.4405(b), requirements are important aspects of eligibility determination, all references would culminate in ‘‘final approval,’’ the SAH program, their placement in to such issues would be moved to other and the Secretary’s disbursement of the § 36.4402 may be confusing, as one sections, as explained below. This full grant proceeds. might infer that such considerations action is necessary for two reasons. Conditional approval would be the factor into an applicant’s eligibility. First, it is important that the SAH Secretary’s authorization for an

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applicant to move forward with more approval and disbursing the remaining necessary to reduce the possible detailed planning of adaptations. An grant proceeds. confusion surrounding the process application would be approved Another important requirement in created by current regulations. Since conditionally on the date the Secretary this stage is that an applicant who has numerous determinations must be made determines that the individual has met obtained conditional approval must at various points on the SAH timeline, all eligibility requirements, as set forth provide the Secretary evidence of and since certain financial in proposed § 36.4404, and that the sufficient ownership interest in the considerations (for example, applicant has not exceeded the grant proposed housing unit. Though this reimbursements for preconstruction usage and dollar limitations set forth in requirement is not new, it would change costs) are dependent upon the stage of proposed §§ 36.4402 and 36.4403. substantially from current practice. As an applicant’s grant approval, it is Once an applicant has obtained stated above, existing title requirements important that the regulations are clear conditional approval, the Secretary may for PH grants, which are found at 38 about exactly how such stages are authorize him or her, in writing, to CFR 36.4402, do not necessarily reflect structured. VA has authority to take this incur certain preconstruction costs the vast choices available to an action pursuant to 38 U.S.C. 2101 and pursuant to § 36.4406. Such applicant when planning an estate. For 2102A. The intended effect of this preconstruction costs could include instance, a life-estate is a commonly action is more detailed regulations that architectural services, land surveys, used tool in estate-planning, yet VA’s make clear to the public the aspects of attorneys’ fees, and other costs or fees current regulations do not include the and practical differences between necessary to plan for grant use and life-estate as an acceptable form of title. conditional approval and final approval would be limited to no more than 20 Under the proposed rule, an applicant of SAH grants. percent of the eligible individual’s grant would have more freedom in the type of amount. Conditional approval must be estate that he or she chooses to obtain. Section 36.4406 Reimbursement of granted before an applicant would be Moreover, since the applicant would Costs and Disbursement of Grant Funds authorized to incur any preconstruction already be conditionally approved for a With the exception of current costs. Should an applicant incur grant at this stage, meaning that the §§ 36.4406 and 36.4410, current preconstruction costs prior to applicant’s eligibility status would have regulations provide little information conditional approval, he or she would been determined, he or she would be about what costs an eligible individual not be reimbursed for those costs. This authorized to use a portion of the grant may incur with SAH grant funds and is because, pursuant to the authorizing proceeds for attorneys’ and other legal when these costs may be incurred. statute, an applicant must be deemed fees. VA believes that this change will Furthermore, since VA is proposing to eligible for grant assistance before the open the door to SAH assistance for a include in the regulations the two-stage Secretary may approve the number of veterans and servicemembers approval process, VA believes that the disbursement of any grant funds. who might not otherwise be able to regulations also should explain more An applicant who has obtained afford the upfront costs associated with fully what costs may be incurred, when conditional approval would need to the SAH program. costs will be reimbursed, and when and satisfy all requirements of § 36.4405(b) In addition to the proposed new how grant funds will be disbursed, before the Secretary would authorize portions of the regulation described depending on the status of conditional final approval. One such requirement above, the final grant approval section approval and final approval. would be to provide the Secretary would contain the joint ownership Section 36.4406, ‘‘Reimbursement of scaled plans and specifications for the provisions, non-discrimination costs and disbursement of grant funds,’’ planned adaptations. The Secretary certifications, flood insurance would revise and expand upon current must determine that the plans and requirements, and geographical § 36.4406 to explain how grant funds specifications meet the minimum limitations in current §§ 36.4402(a)(5), will be disbursed, and would set forth property and design requirements of the 36.4402(a)(6), 36.4403, and 36.4411, specific requirements for incurring and SAH program. VA’s review of plans at respectively. The current rule on joint reimbursing certain preconstruction this stage would differ from the ownership would be revised in costs. The section would re-emphasize feasibility and suitability determination accordance with the statute in 38 U.S.C. that conditional approval must be under § 36.4404. Under proposed 2102(c), making it clear that an eligible obtained in order for an applicant to § 36.4404, plans may be preliminary and individual’s available grant assistance incur allowable preconstruction costs need not be scaled, which would allow would not be reduced simply because of and that there would be a 20 percent VA to determine eligibility without a shared interest in a property. The non- cap on such costs to preserve the requiring a veteran or servicemember to discrimination and flood insurance remaining grant funds for construction, expend personal funds in advance of the provisions would not contain new in the event that final approval is grant. The plans and specifications provisions, but they would be more granted. required at this stage, however, would intuitively located. The provisions The section also would substitute the need to be more detailed than those relating to geographical limitations broader framework of ‘‘construction- required to determine eligibility, as they would be revised to eliminate specific related costs’’ for current § 36.4404’s would be relied upon during the references to Guam and American limitations on costs allowable for grant inspection process and for the release of Samoa, because they are included computation. Construction-related costs, funds. In other words, at the beginning within the meaning of the term as defined under proposed § 36.4401 of this second and final stage, the ‘‘Territories.’’ This provision would also would mean ‘‘[a]n expense incurred for Secretary already would have incorporate the provisions of Public the purpose of or directly related to determined that the planned Law 110–289 expressly permitting the building, modifying, or adapting a adaptations were suitable and feasible Secretary, in his or her discretion, to housing unit by using specially adapted for the purposes of eligibility; provide SAH grants to otherwise eligible housing grant proceeds.’’ Since each nevertheless, the Secretary still would individuals residing outside the United eligible individual would require need to determine that the adaptations States. different adaptations, VA believes that also met minimum property and design The proposed amendments to the the broader framework would allow an requirements before granting final SAH grant approval process are eligible individual to achieve maximum

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use of his or her grant proceeds and The Veterans Benefits Administration Paperwork Reduction Act of 1995 (VBA) should issue regulations establishing adapted property. Although this document contains In terms of grant disbursement after what constitutes the final approval for provisions constituting collections of final approval, proposed § 36.4406 granting SAH assistance. These regulations information, under the provisions of the would be similar to current regulations should also provide that VA may authorize a veteran who meets all initial qualifying Paperwork Reduction Act of 1995 (44 in stating that the Secretary determines criteria to incur certain preliminary costs U.S.C. 3501–3521), no new or proposed the method on a case-by-case basis. prior to final grant approval. They may also revised collections of information are Currently, the Secretary generally permit VA to reimburse these costs to the associated with this proposed rule. The requires that funds either be deposited estate of a veteran who dies prior to final information collection provisions for into an escrow account so that an approval if VA determines it is likely § 36.4400 et seq. are currently approved escrow agent can disburse funds approval would have been given had the directly to a contractor or that the funds veteran lived. by the Office of Management and Budget (OMB) and have been assigned be disbursed to a mortgage holder to VA has authority to take this action reduce the outstanding principal OMB control numbers 2900–0031, pursuant to 38 U.S.C. 2101(d). The 2900–0047, 2900–0132, and 2900–0300. indebtedness. This practice would intended effect of this action is more remain in effect under the proposed detailed regulations that make clear to Executive Order 12866 rule. the public the costs that may be Finally, proposed § 36.4406 would Executive Order 12866 directs incurred and the temporal requirements agencies to assess all costs and benefits note that, in the event that an eligible for their reimbursement. individual dies at some point during the of available regulatory alternatives and, SAH grant timeline, the estate may be Section 36.4407 Guaranteed and when regulation is necessary, to select reimbursed for authorized Direct Loans regulatory approaches that maximize net benefits (including potential preconstruction and construction Section 36.4407, ‘‘Guaranteed and related costs, but must submit requests economic, environmental, public health direct loans,’’ would revise current and safety, and other advantages; for reimbursement that are timely under § 36.4409 to clarify its requirements. No the proposed rule. Unfortunately, some distributive impacts; and equity). The substantive change to § 36.4409 is Executive Order classifies a regulatory eligible individuals will die before the intended. adaptations to their housing units are action as a ‘‘significant regulatory finished. VA’s new two-staged process Section 36.4408 Submission of Proof action,’’ requiring review by the Office will make it easier for eligible to the Secretary of Management and Budget (OMB) individuals’ estates to recover costs Proposed § 36.4408, ‘‘Submission of unless OMB waives such review, if it is where the individual had been proof to the Secretary,’’ would renumber a regulatory action that is likely to result determined eligible and had already current § 36.4405. The change would be in a rule that may: (1) Have an annual expended personal funds. At the same structural only. effect on the economy of $100 million time, a limitation on the timeframe in or more or adversely affect in a material which an eligible individual’s estate Section 36.4409 Delegations of way the economy, a sector of the may seek such reimbursement is Authority economy, productivity, competition, necessary. VA believes that one year Proposed § 36.4409, ‘‘Delegations of jobs, the environment, public health or from the date on which the Loan authority,’’ would renumber current safety, or State, local, or tribal Guaranty Service becomes aware of the § 36.4408. In addition, VA proposes governments or communities; (2) create eligible individual’s death would updates to the list of positions with a serious inconsistency or otherwise provide the estate sufficient time in delegated authority to reflect changes in interfere with an action taken or which to submit the necessary position titles and to add the Deputy planned by another agency; (3) documentation. Under the proposed Director, Loan Guaranty Service. VA has materially alter the budgetary impact of rule, VA would require that requests for authority to take this action pursuant to entitlements, grants, user fees, or loan reimbursement be submitted within one 38 U.S.C. 501, 512, and 2101. programs or the rights and obligations of year, except when the Secretary recipients thereof; or (4) raise novel determines that equity and good Section 36.4410 Supplementary legal or policy issues arising out of legal conscience require otherwise. Administrative Action mandates, the President’s priorities, or These actions are necessary in order Proposed § 36.4410, ‘‘Supplementary the principles set forth in the Executive to clarify what specific preliminary administrative action,’’ would renumber Order. costs may be incurred, to detail the previous § 36.4407. It would also The economic, interagency, administrative requirements that must rephrase current § 36.4407 in a reader- budgetary, legal, and policy be followed in order to be properly focused style. No substantive change is implications of this proposed rule have reimbursed, and to explain the options intended to current § 36.4407. been examined, and it has been regarding grant disbursement. This determined to be a significant regulatory section takes into account the fact that, Unfunded Mandates action under Executive Order 12866. to obtain a grant, an eligible individual The Unfunded Mandates Reform Act may have to incur certain reasonable of 1995 requires, at 2 U.S.C. 1532, that Regulatory Flexibility Act expenses; and that, although SAH grants agencies prepare an assessment of The Secretary hereby certifies that are made for the benefit of the eligible anticipated costs and benefits before this proposed rule would not have a individual not his or her family, VA has issuing any rule that may result in significant economic impact on a a longstanding administrative practice expenditure by State, local, and tribal substantial number of small entities as of making an eligible individual’s estate governments, in the aggregate, or by the they are defined in the Regulatory whole. In developing this section, we private sector, of $100 million or more Flexibility Act, 5 U.S.C. 601–612. This were also guided by a 1995 legal (adjusted annually for inflation) in any proposed rule would directly affect only decision of the VA Office of the General year. This proposed rule would have no individuals. Therefore, pursuant to 5 Counsel (VAOPGCPREC 13–95), which such effect on State, local, and tribal U.S.C. 605(b), this proposed rule is held: governments, or on the private sector. exempt from the initial and final

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regulatory flexibility analysis Adapt: To make a housing unit disproportionate to the type of requirements of sections 603 and 604. suitable to, or fit for, the residential improvements thereon and which is in living needs of an eligible individual. keeping with the locality; and special Catalog of Federal Domestic Assistance (Authority: 38 U.S.C. 501, 2101) fixtures and necessary adaptations is The Catalog of Federal Domestic defined as construction features which Assistance numbers and titles for the Adapted housing grant or AH grant: A are specially designed to overcome the programs affected by this document are grant authorized under 38 U.S.C. physical limitations of the individual 64.106, Specially Adapted Housing for 2101(b), 2102(b). beneficiary and which are allowed or Disabled Veterans; and 64.118, Veterans (Authority: 38 U.S.C. 501, 2101, 2102) required by the Chief Medical Director Housing—Direct Loans for Certain Aggregate amount of assistance or designee as necessary by nature of the Disabled Veterans. available: The amounts specified at 38 qualifying disability. Lists of Subjects in 38 CFR Part 36 U.S.C. 2102(d) as adjusted in (Authority: 38 U.S.C. 501, 1717, 2101) Condominiums, Housing, Indians, accordance with 38 U.S.C. 2102(e). Ownership interest: An undivided Individuals with disabilities, Loan (Authority: 38 U.S.C. 501, 2101, 2102) property interest that the Secretary programs—housing and community Beneficial property interest: An determines is a satisfactory: development, Loan programs—Indians, interest deemed by the Secretary as one (1) Fee simple estate; Loan programs—veterans, Manufactured that provides (or will provide) an (2) Life estate; homes, Mortgage insurance, Reporting eligible individual a meaningful right to (3) Functional equivalent of a life and recordkeeping requirements, occupy a housing unit as a residence. estate, such as that created by a valid Veterans. (Authority: 38 U.S.C. 501, 2101) trust, a long-term lease, or a land Approved: June 26, 2009. installment contract that will convert to John R. Gingrich, Braces: Orthopedic appliances, a fee simple estate upon satisfaction of including prosthetic devices, used for Chief of Staff, Department of Veterans Affairs. the contract’s terms and conditions; support. (4) Ownership of stock or membership For the reasons stated in the (Authority: 38 U.S.C. 501, 2101) in a cooperative housing corporation preamble, the Department of Veterans entitling the eligible individual to Affairs proposes to amend 38 CFR part Construction-related cost: An expense occupy for dwelling purposes a single 36 (subpart C) as set forth below. incurred for the purpose of or directly related to building, modifying, or family residential unit in a PART 36—LOAN GUARANTY adapting a housing unit by using development, project, or structure specially adapted housing grant owned or leased by such corporation; 1. The authority citation for part 36 proceeds. (5) Lease, under the terms of a valid continues to read as follows: and enforceable Memorandum of (Authority: 38 U.S.C. 501, 2101) Authority: 38 U.S.C. 501 and as otherwise Understanding between a tribal noted. Disability: A compensable physical organization and the Secretary; or 2. Revise Subpart C to read as follows: impairment, as determined by a (6) Beneficial property interest in a Department of Veterans Affairs rating housing unit located outside the United Subpart C—Assistance to Certain decision, that meets the criteria of 38 States. Individuals in Acquiring Specially Adapted U.S.C. 2101(a)(2) or (b)(2). Housing (Authority: 38 U.S.C. 501, 2101, 3762) (Authority: 38 U.S.C. 501, 2101) Sec. Paraplegic housing grant or PH grant: 36.4400 Authority. Eligible individual: For specially A grant authorized under 38 U.S.C. 36.4401 Definitions. adapted housing purposes, a person 2101(a). 36.4402 Grant types. who has served or is currently serving (Authority: 38 U.S.C. 501, 2101) 36.4403 Subsequent use. in the active military, naval, or air 36.4404 Eligibility for assistance. service, and who has been determined Preconstruction cost: An authorized 36.4405 Grant approval. by the Secretary to be eligible for expense incurred by an eligible 36.4406 Reimbursement of costs and individual in anticipation of receiving disbursement of grant funds. benefits pursuant to 38 U.S.C. chapter 36.4407 Guaranteed and direct loans. 21. final approval for a specially adapted housing grant. 36.4408 Submission of proof to the (Authority: 38 U.S.C. 501, 2101, 2101A) Secretary. (Authority: 38 U.S.C. 501, 2101) 36.4409 Delegations of authority. Eligible individual’s family: Persons 36.4410 Supplementary administrative related to an eligible individual by Reimburse: To pay specially adapted action. blood, marriage, or adoption. housing grant funds directly to an (Authority: 38 U.S.C. 501, 2101, 2102A) eligible individual (or an eligible Subpart C—Assistance to Certain individual’s estate) for preconstruction Individuals in Acquiring Specially Housing unit: Any residential unit, costs or for construction-related costs. including all necessary land, Adapted Housing (Authority: 38 U.S.C. 501, 2101) improvements, and appurtenances, § 36.4400 Authority. together with such movable equipment Reside: To occupy (including seasonal The Secretary’s authority to provide or special features as are authorized by occupancy) as one’s residence. assistance in acquiring specially 38 U.S.C. 1717 and 2101. For the (Authority: 38 U.S.C. 501, 2101) adapted housing is set forth in 38 U.S.C. purposes of this definition, movable chapter 21. facilities is defined as such exercising Secretary: The Secretary of the United States Department of Veterans Affairs or (Authority: 38 U.S.C. 501, 2101(d)) equipment and other aids as may be allowed or required by the Chief any employee or agent authorized in § 36.4401 Definitions. Medical Director or designee; necessary § 36.4409 of this part to act on behalf of The following definitions of terms land is defined as any plot of land the the Secretary. apply to this subpart: cost and area of which are not (Authority: 38 U.S.C. 501, 2101)

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Specially adapted housing grant: A (ii) The full amount of the unpaid payments for the same adaptations. PH grant, AH grant, or TRA grant made balance, if any, of the cost to the However, nothing in this subpart to an eligible individual in accordance individual of the housing unit. prohibits an eligible individual from with the requirements of 38 U.S.C. (b) AH grant. (1) The AH grant utilizing the assistance authorized chapter 21 and this subpart. provides monetary assistance for the under 38 U.S.C. 1717 and 38 U.S.C. (Authority: 38 U.S.C. 501, 2101) purpose of acquiring specially adapted chapter 21 simultaneously, provided housing pursuant to one of the that no duplicate payments result. Temporary residence adaptations following plans: (Authority: 38 U.S.C. 2102, 2102A, 2104) grant or TRA grant: A grant, the specific (i) Where an eligible individual elects requirements and amount of which are to construct a dwelling on land to be § 36.4403 Subsequent use. outlined in 38 U.S.C. 2102A and acquired by the eligible individual or a An eligible individual may receive up 2102(d). member of the eligible individual’s to three grants of assistance under 38 (Authority: 38 U.S.C. 501, 2101, 2102A) family; U.S.C. chapter 21, subject to the (ii) Where an eligible individual elects following limitations: § 36.4402 Grant types. to construct a dwelling on land already (a) The aggregate amount of assistance (a) PH grant. The PH grant provides owned by the eligible individual or a available to an eligible individual for PH monetary assistance for the purpose of member of the eligible individual’s grant and TRA grant usage will be acquiring specially adapted housing family; pursuant to one of the following plans: (iii) Where an eligible individual limited to the aggregate amount of (1) Where an eligible individual elects elects to adapt a housing unit already assistance available for PH grants; to construct a dwelling on land to be owned by the eligible individual or a (b) The aggregate amount of assistance acquired by the eligible individual, the member of the eligible individual’s available to an eligible individual for Secretary will pay, up to the aggregate family; or AH grant and TRA grant usage will be amount of assistance available for PH (iv) Where an eligible individual limited to the aggregate amount of grants, not more than 50 percent of the elects to purchase a housing unit that is assistance available for AH grants; eligible individual’s total costs for already adapted to the requirements of (c) The TRA grant may only be acquiring the land and constructing the the eligible individual’s disability. obtained once and will be counted as dwelling. (2) Regardless of the plan chosen one of the three grant usages; and (2) Where an eligible individual elects pursuant to paragraph (b)(1) of this (d) Funds from subsequent PH grant to construct a dwelling on land already section, the Secretary will pay the lesser or AH grant usages may only pay for owned by the eligible individual, the of: reimbursing specially adapted housing- Secretary will pay, up to the aggregate (i) The actual cost, or, in the case of related costs incurred on or after June amount of assistance available for PH an eligible individual acquiring a 15, 2006 or the date on which the grants, not more than the lesser of: housing unit already adapted with eligible individual is conditionally (i) 50 percent of the eligible special features, the fair market value, of approved for subsequent assistance, individual’s costs for the land and the the adaptations determined by the whichever is later. construction of the dwelling, or Secretary to be reasonably necessary, or (Authority: 38 U.S.C. 2102, 2102A) (ii) 50 percent of the eligible (ii) The aggregate amount of individual’s costs for the dwelling, plus assistance available for AH grants. (The Office of Management and Budget has the full amount of the unpaid balance, (c) TRA grant. The TRA grant approved the information collection provides monetary assistance for the provisions in this section under control if any, of the cost to the individual of number 2900–0132.) the necessary land. purpose of adapting a housing unit (3) Where an eligible individual elects owned by a member of the eligible § 36.4404 Eligibility for assistance. to adapt a housing unit already owned individual’s family, in which the (a) Disability requirements. (1) The PH by the eligible individual, to conform to eligible individual intends to reside grant is available to individuals with the requirements of the eligible temporarily. The Secretary will pay, up permanent and total service-connected individual’s disability, the Secretary to the amounts specified at 38 U.S.C. disability who are entitled to will pay, up to the aggregate amount of 2102A(b) for TRA grants, the actual cost compensation under 38 U.S.C. chapter assistance available for PH grants, the of the adaptations. 11 for any of the following conditions: (d) Duplication of benefits. (1) If an greater of: (i) Loss, or loss of use, of both lower individual is determined eligible for a (i) The eligible individual’s costs for extremities so as to preclude locomotion PH grant, he or she may not making such adaptation(s), or without the aid of braces, crutches, subsequently receive an AH grant. (ii) 50 percent of the eligible canes, or a wheelchair; individual’s costs for making such (2) If an individual is determined (ii) Blindness in both eyes having adaptation(s), plus the lesser of: eligible for an AH grant, and becomes (A) 50 percent of the eligible eligible for a PH grant, he or she may only light perception, plus loss or loss individual’s costs for acquiring the receive PH grants and TRA grants up to of use of one lower extremity; housing unit, or the aggregate amount of assistance (iii) Loss, or loss of use, of one lower (B) The full amount of the unpaid available for PH grants. However, any extremity, together with— balance, if any, of the cost to the AH or TRA grants received by the (A) Residuals of organic disease or individual of the housing unit. individual before he or she was injury; or (4) Where an eligible individual has determined eligible for the PH grant will (B) The loss or loss of use of one already acquired a suitably adapted count towards the three grant limit in upper extremity, which so affect the housing unit, the Secretary will pay, up § 36.4403. functions of balance or propulsion as to to the aggregate amount of assistance (3) If the Secretary has provided preclude locomotion without the aid of available for PH grants, the lesser of: assistance to an eligible individual braces, crutches, canes, or a wheelchair; (i) 50 percent of the eligible under 38 U.S.C. 1717, the Secretary will (iv) Loss, or loss of use, of both upper individual’s cost of acquiring such not provide assistance under this extremities so as to preclude use of the housing unit, or subpart that would result in duplicate arms at or above the elbows; or

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(v) Any other injury identified as adapted housing grant if the Secretary (3) Certifications. The eligible eligible for assistance under 38 U.S.C. has determined that: individual must certify, in such form as 2101(a). (i) Disability requirements have been the Secretary will prescribe, that: (2) The AH grant is available to satisfied pursuant to § 36.4404(a); (i) Neither the eligible individual, nor individuals with permanent and total (ii) Feasibility and suitability anyone authorized to act for the eligible service-connected disability who are requirements have been satisfied individual, will refuse to sell or rent, entitled to compensation under 38 pursuant to § 36.4404(b); and after receiving a bona fide offer, or U.S.C. chapter 11 for any of the (iii) The eligible individual has not refuse to negotiate for the sale or rental following conditions: exceeded the usage and dollar of, or otherwise make unavailable or (i) Blindness in both eyes with 5/200 limitations prescribed by §§ 36.4402(d) deny the housing unit acquired by this visual acuity or less; and 36.4403. benefit, to any person because of race, (ii) Anatomical loss, or loss of use, of (2) Once conditional approval has color, religion, sex, familial status, both hands; or been granted, the Secretary may disability, or national origin; (iii) Any other injury identified as authorize, in writing, an eligible (ii) The eligible individual, and eligible for assistance under 38 U.S.C. individual to incur certain anyone authorized to act for the eligible 2101(b). preconstruction costs pursuant to individual, recognizes that any (3) The TRA grant is available to § 36.4406. restrictive covenant on the housing unit individuals with permanent and total (b) Final approval. In order to obtain relating to race, color, religion, sex, service-connected disability who are final approval for a specially adapted familial status, disability, or national entitled to compensation under 38 housing grant, the Secretary must origin is illegal and void, and any such U.S.C. chapter 11 for any of the determine that the following property covenant is specifically disclaimed; and conditions described under paragraph requirements are met: (iii) The eligible individual, and (a)(1) of this section for the PH grant or (1) Proposed adaptations. The plans anyone authorized to act for the eligible paragraph (a)(2) of this section for the and specifications of the proposed individual, understands that civil action AH grant. adaptations demonstrate compliance for preventative relief may be brought (b) Feasibility and suitability with minimum property and design by the Attorney General of the United requirements. (1) In order for an requirements of the specially adapted States in any appropriate U.S. District individual to be eligible for PH grant housing program. Court against any person responsible for assistance, the Secretary must determine (2) Ownership. a violation of the applicable law. that: (i) In the case of PH grants, the (4) Flood insurance. The eligible (i) It is medically feasible for the individual’s housing unit, if it is or individual to reside outside of an eligible individual must have, or provide satisfactory evidence that he or becomes located in an area identified by institutional setting; the Federal Emergency Management (ii) It is medically feasible for the she will acquire, an ownership interest in the housing unit. Agency as having special flood hazards individual to reside in the proposed and in which flood insurance has been housing unit and in the proposed (ii) In the case of AH grants, the eligible individual or a member of the made available under the National locality; Flood Insurance Act, as amended, must (iii) The nature and condition of the eligible individual’s family must have, or provide satisfactory evidence that he be covered by flood insurance. The proposed housing unit are suitable for amount of flood insurance must be at the individual’s residential living needs; or she will acquire, an ownership interest in the housing unit. least equal to the lesser of the full and insurable value of the housing unit or (iii) In the case of TRA grants: (iv) The cost of the proposed housing the maximum limit of coverage unit bears a proper relation to the (A) A member of the eligible available for the particular type of individual’s present and anticipated individual’s family must have, or housing unit under the National Flood income and expenses. provide satisfactory evidence that he or Insurance Act, as amended. The (2) In order for an individual to be she will acquire, an ownership interest Secretary will not approve any financial eligible for AH grant assistance, the in the housing unit, and assistance for the acquisition or Secretary must determine that: (B) The eligible individual and the construction of a housing unit located in (i) The individual is residing in and member of the eligible individual’s an area identified by the Federal reasonably intends to continue residing family who has or acquires an Emergency Management Agency as in a housing unit owned by the ownership interest in the housing unit having special flood hazards unless the individual or a member of the must sign a certification as to the community in which such area is individual’s family; or likelihood of the eligible individual’s situated is then participating in the (ii) If the individual’s housing unit is temporary occupancy of such residence. National Flood Insurance Program. to be constructed or purchased, the (iv) If the ownership interest in the (Authority: 38 U.S.C. 501, chapter 21, 42 individual will be residing in and housing unit is or will be vested in the U.S.C. 4012a, 4106(a)). reasonably intends to continue residing eligible individual and another person, in a housing unit owned by the the Secretary will not for that reason (5) Geographical limits. Any real individual or a member of the reduce by percentage of ownership the property purchased, constructed, or individual’s family. amount of a specially adapted housing adapted with the proceeds of a specially (Authority: 38 U.S.C. 501, 2101, 2102, grant. However, to meet the ownership adapted housing grant must be located: 2102A) requirement for final approval of a (i) Within the United States, which, specially adapted housing grant, the for purposes of 38 U.S.C. chapter 21, § 36.4405 Grant approval. eligible individual’s ownership interest includes the several States, Territories, (a) Conditional approval. (1) The must be of sufficient quantum and and possessions, including the District Secretary may provide written quality, as determined by the Secretary, of Columbia, and the Commonwealths notification to an eligible individual of to ensure the eligible individual’s quiet of Puerto Rico and the Northern conditional approval of a specially enjoyment of the property. Mariana Islands; or,

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(ii) If outside the United States, in a specially adapted housing grant (Authority: 38 U.S.C. 2101(d), 3711(i), 3762) country or political subdivision which proceeds generally will be made to third allows individuals to have or acquire a parties who have contracted with the § 36.4408 Submission of proof to the Secretary. beneficial property interest, and in veteran, to an escrow agent, or to the which the Secretary, in his or her eligible individual’s lender, as the The Secretary may, at any time, discretion, has determined that it is Secretary deems appropriate. If the require submission of such proof of reasonably practicable for the Secretary Secretary determines that it is costs and other matters as the Secretary to provide assistance in acquiring appropriate and advisable, the Secretary deems necessary. specially adapted housing. may disburse specially adapted housing (Authority: 38 U.S.C. 501, 2101(d)) (Authority: 38 U.S.C. 2101, 2101A, 2102A) grant funds directly to an eligible individual where the eligible individual (The Office of Management and Budget has (The Office of Management and Budget has has incurred authorized preconstruction approved the information collection approved the information collection provisions in this section under control provisions in this section under control or construction-related costs and paid numbers 2900–0031, 2900–0132, and 2900– for such authorized costs using personal numbers 2900–0031 and 2900–0300.) funds. 0300.) § 36.4409 Delegations of authority. (c) Should an eligible individual die § 36.4406 Reimbursement of costs and before the Secretary disburses the full (a) Each employee of the Department disbursement of grant funds. specially adapted housing grant, the of Veterans Affairs appointed to or (a) After providing conditional eligible individual’s estate must submit lawfully filling any of the following approval of a specially adapted housing to the Secretary all requests for positions is hereby delegated authority, grant for an eligible individual pursuant reimbursement within one year of the within the limitations and conditions to § 36.4405, the Secretary may date the Loan Guaranty Service learns of prescribed by law, to exercise the authorize the incurrence, prior to the eligible individual’s death. Except powers and functions of the Secretary obtaining final specially adapted where the Secretary determines that with respect to assisting eligible housing grant approval, of equity and good conscience require preconstruction costs of the types and individuals in acquiring specially otherwise, the Secretary will not adapted housing: subject to the limits specified in this reimburse an eligible individual’s estate paragraph. for a request that has not been received (1) Under Secretary for Benefits. (1) Preconstruction costs to be by the Department of Veterans Affairs (2) Director, Loan Guaranty Service. incurred may not exceed 20 percent of within this timeframe. the eligible individual’s aggregate (3) Deputy Director, Loan Guaranty amount of assistance available, unless (Authority: 38 U.S.C. 2101(d)) Service. the individual is authorized by the § 36.4407 Guaranteed and direct loans. (4) Assistant Director, Loan Policy Secretary in writing to incur specific (a) In any case where, in addition to and Valuation. preconstruction costs in excess of this using the benefits of 38 U.S.C. chapter (5) Chief, Specially Adapted Housing, 20 percent limitation. Preconstruction 21, the eligible individual will use his Loan Guaranty Service. costs may include the following items: (i) Architectural services employed or her entitlement to the loan guaranty (6) Director, VA Medical Center. benefits of 38 U.S.C. chapter 37, the for preparation of building plans and (7) Director, VA Regional Office. specifications. complete transaction must be in accord (ii) Land surveys. with applicable regulations found in (8) Loan Guaranty Officer. (iii) Attorneys’ and other legal fees. this part. (9) Assistant Loan Guaranty Officer. (iv) Other costs or fees necessary to (b) In any case where, in addition to using the benefits of 38 U.S.C. chapter (b) Nothing in this section will be plan for specially adapted housing grant construed to authorize the use, as determined by the Secretary. 21, the eligible individual will use a determination of basic eligibility or (2) If the Secretary authorizes final direct loan under 38 U.S.C. 3711(i), the approval, the Secretary will pay out of complete transaction must be in accord medical feasibility under § 36.4404(a), the specially adapted housing grant the with the requirements of § 36.4503 and (b)(1)(i), or (b)(1)(ii) by any employee preconstruction costs that the Secretary the loan must be secured by the same designated in this section, except as authorized in advance. If the specially housing unit to be purchased, otherwise authorized. adapted housing grant process is constructed, or adapted with the (Authority: 38 U.S.C. 501, 512, ch. 21) terminated prior to final approval, proceeds of the specially adapted preconstruction costs incurred that the housing grant. § 36.4410 Supplementary administrative Secretary authorized in advance will be (c) In any case where, in addition to action. reimbursed to the eligible individual, or using the benefits of 38 U.S.C. chapter Subject to statutory limitations and the eligible individual’s estate pursuant 21, the eligible individual will use the conditions prescribed in title 38, U.S.C., to paragraph (c) of this section, but will Native American Direct Loan benefit the Secretary may take such action as be deducted from the aggregate amount under 38 U.S.C. chapter 37, subchapter may be necessary or appropriate to V, the eligible individual’s ownership of assistance available and the relieve undue prejudice to an eligible interest in the housing unit must reimbursement will constitute one of individual or a third party contracting the three permitted grant usages (see comport with the requirements found in or dealing with such eligible individual § 36.4403). §§ 36.4501, 36.4512, and 36.4527 and in (b) After final approval, the Secretary the tribal documents approved by the which might otherwise result. will determine a method of Secretary, which include, but may not (Authority: 38 U.S.C. 501, 2101(d)) disbursement that is appropriate and be limited to, the Memorandum of [FR Doc. E9–23842 Filed 10–2–09; 8:45 am] advisable in the interest of the eligible Understanding, the residential lease of individual and the Government, and tribal-owned land, the tribal lending BILLING CODE 8320–01–P will pay the specially adapted housing ordinances, and any relevant tribal grant accordingly. Disbursement of resolutions.

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DEPARTMENT OF DEFENSE comment due date. The comment period (MVR), 1800 F Street, NW, Room 4041, is being extended to provide additional ATTN: Hada Flowers, Washington, DC GENERAL SERVICES time for interested parties to review the 20405. ADMINISTRATION proposed FAR changes of FAR Case Instructions: Please submit comments 2008–027, Federal Awardee only and cite FAR case 2008–027 in all NATIONAL AERONAUTICS AND Performance and Integrity Information correspondence related to this case. All SPACE ADMINISTRATION System, to November 5, 2009. comments received will be posted DATES: The comment period for the without change to http:// 48 CFR Parts 9, 12, and 52 proposed rule published September 3, www.regulations.gov, including any [FAR Case 2008–027; Docket 2009–0030; 2009, at 74 FR 45579, is extended. personal and/or business confidential Sequence 2] Interested parties should submit written information provided. RIN 9000–AL38 comments to the Regulatory Secretariat FOR FURTHER INFORMATION CONTACT: The on or before November 5, 2009, to be FAR Secretariat at (202) 501–4755 for Federal Acquisition Regulation; FAR considered in formulation of the final further information pertaining to status Case 2008–027, Federal Awardee rule. or publication schedule. Please cite FAR Performance and Integrity Information ADDRESSES: Submit comments Case 2008–027 (delay of public System identified by FAR case 2008–027 by any comment due date). AGENCIES: Department of Defense (DoD), of the following methods: SUPPLEMENTARY INFORMATION: • General Services Administration (GSA), Regulations.gov: http:// A. Background and National Aeronautics and Space www.regulations.gov. Administration (NASA). Submit comments via the Federal The Councils published a proposed ACTION: Proposed rule; extension of eRulemaking portal by inputting ‘‘FAR rule in the Federal Register at 74 FR comment period. Case 2008–027’’ into the field 45579, September 3, 2009. The ‘‘Keyword’’. Select the link that comment period is being extended to SUMMARY: The Civilian Agency corresponds with FAR Case 2008–027. provide additional time for interested Acquisition Council and the Defense Follow the instructions provided to parties to review the proposed FAR Acquisition Regulations Council submit your comments. Please include changes. (Councils) are proposing to amend the your name, company name (if any), and Federal Acquisition Regulation (FAR) to ‘‘FAR Case 2008–027’’ on your attached Dated: September 30, 2009 implement Section 872 of the Duncan document. Al Matera, Hunter National Defense Authorization • Fax: 202–501–4067. Director, Acquisition Policy Division. Act for Fiscal Year 2009. The Councils • Mail: General Services [FR Doc. E9–23893 Filed 10–2–09; 8:45 am] have agreed to delay the public Administration, Regulatory Secretariat BILLING CODE 6820–EP–S

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Notices Federal Register Vol. 74, No. 191

Monday, October 5, 2009

This section of the FEDERAL REGISTER persons are not required to respond to Frequency of Responses: Reporting: contains documents other than rules or the collection of information unless it One time. proposed rules that are applicable to the displays a currently valid OMB control Total Burden Hours: 215. public. Notices of hearings and investigations, number. committee meetings, agency decisions and Ruth Brown, rulings, delegations of authority, filing of Food Safety and Inspection Service Departmental Information Collection petitions and applications and agency Title: Consumer Focus Groups. Clearance Officer. statements of organization and functions are OMB Control Number: 0583–New. [FR Doc. E9–23870 Filed 10–2–09; 8:45 am] examples of documents appearing in this Summary of Collection: The Food BILLING CODE 3410–DM–P section. Safety and Inspection Service (FSIS) has been delegated the authority to exercise DEPARTMENT OF AGRICULTURE DEPARTMENT OF AGRICULTURE the functions of the Secretary as provided in the Federal Meat Inspection Act (FMIA) (21 U.S.C. 601 et seq.), the Submission for OMB Review; Submission for OMB Review; Comment Request Comment Request, Correction Poultry Products Inspection Act (PPIA) (21 U.S.C. 451 et seq.), and the Egg September 29, 2009. September 29, 2009. Products Inspection Act (EPIA) (21 U.S.C. 1031 et seq.). These statutes The Department of Agriculture has The Department of Agriculture has submitted the following information submitted the following information mandate that FSIS protect the public by verifying that meat and poultry products collection requirement(s) to OMB for collection requirement(s) to OMB for review and clearance under the review and clearance under the are safe, wholesome, unadulterated, and properly labeled and packaged. To assist Paperwork Reduction Act of 1995, Paperwork Reduction Act of 1995, Public Law 104–13. Comments Public Law 104–13. Comments in fulfilling its public health mission, FSIS needs at times to obtain regarding (a) whether the collection of regarding (a) whether the collection of information is necessary for the proper information is necessary for the proper information from consumers to assess the effectiveness of its consumer performance of the functions of the performance of the functions of the agency, including whether the agency, including whether the protection initiatives and to gain data to support Agency decision-making and information will have practical utility; information will have practical utility; (b) the accuracy of the agency’s estimate (b) the accuracy of the agency’s estimate policy formulation. Foodborne illness is a significant public health problem in of burden including the validity of the of burden including the validity of the the United States. FSIS is seeking methodology and assumptions used; (c) methodology and assumptions used; (c) information about the content of public ways to enhance the quality, utility and ways to enhance the quality, utility and health messages, and methods of clarity of the information to be clarity of the information to be delivery of those messages, that will collected; (d) ways to minimize the collected; (d) ways to minimize the promote safe food handling and burden of the collection of information burden of the collection of information preparation practices among consumers. on those who are to respond, including on those who are to respond, including FSIS will use consumer focus groups to through the use of appropriate through the use of appropriate determine the perceptions of segments automated, electronic, mechanical, or automated, electronic, mechanical, or of the general population and at-risk other technological collection other technological collection populations regarding relevant food techniques or other forms of information techniques or other forms of information safety messages. technology should be addressed to: Desk technology should be addressed to: Desk Need and Use of the Information: Officer for Agriculture, Office of Officer for Agriculture, Office of FSIS will collect information to conduct Information and Regulatory Affairs, Information and Regulatory Affairs, qualitative research with consumers to Office of Management and Budget Office of Management and Budget (1) assess consumers’ understanding of (OMB), (OMB), cooking instructions for specific [email protected] or _ OIRA [email protected] or products (e.g. uncooked, breaded, fax (202) 395–5806 and to Departmental fax (202) 395–5806 and to Departmental boneless poultry products) and (2) Clearance Office, USDA, OCIO, Mail Clearance Office, USDA, OCIO, Mail collect information on consumers’ Stop 7602, Washington, DC 20250– Stop 7602, Washington, DC 20250– understanding of existing public health 7602. Comments regarding these 7602. Comments regarding these messages (e.g., use a thermometer to information collections are best assured information collections are best assured check the doneness of meat and of having their full effect if received of having their full effect if received poultry). FSIS will use the results of the within 30 days of this notification. within 30 days of this notification. focus groups to inform the development Copies of the submission(s) may be Copies of the submission(s) may be of labeling policy for meat, poultry, and obtained by calling (202) 720–8958. obtained by calling (202) 720–8958. egg products and to refine, and to An agency may not conduct or An agency may not conduct or decide how to disseminate, public sponsor a collection of information sponsor a collection of information health messages to ensure that they are unless the collection of information unless the collection of information useful for effecting behavioral changes displays a currently valid OMB control displays a currently valid OMB control and reducing foodborne illness. number and the agency informs number and the agency informs Description of Respondents: potential persons who are to respond to potential persons who are to respond to Individuals or households. the collection of information that such the collection of information that such Number of Respondents: 400. persons are not required to respond to

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the collection of information unless it clarity of the information to be designated shortage situations in displays a currently valid OMB control collected; (d) ways to minimize the exchange for the repayment of an number. burden of the collection of information amount of the principal and interest of on those who are to respond, including the veterinarian’s qualifying educational Agricultural Research Service through the use of appropriate loans. The nomination form includes a Title: Peer Review Related Forms for automated, electronic, mechanical, or series of questions that will need to be the Office of Scientific Quality Review. other technological collection answered before the nomination can be OMB Control Number: 0518–0028. techniques or other forms of information submitted to the peer panelists for their Summary of Collection: The Office of technology should be addressed to: Desk review and recommendations. Scientific Quality Review (OSQR) Officer for Agriculture, Office of Description of Respondents: State, oversees peer review of Agricultural Information and Regulatory Affairs, Local or Tribal Government. Research Service (ARS) research plans Office of Management and Budget Number of Respondents: 57. in response to Congressional mandate in (OMB), Pamela_Beverly_ Frequency of Responses: Reporting: the Agricultural Research Extension, [email protected] or Biennially. and Education Reform Act of 1998 (Pub. fax (202) 395–5806 and to Departmental Total Burden Hours: 228. L. 105–185, Section 103d). The ARS Clearance Office, USDA, OCIO, Mail peer-review panels are scientists who Stop 7602, Washington, D.C. 20250– Ruth Brown, review current scientific research 7602. Comments regarding these Departmental Information Collection projects. information collections are best assured Clearance Officer. Need and Use of the Information: of having their full effect if received [FR Doc. E9–23937 Filed 10–2–09; 8:45 am] ARS will collect the following within 30 days of this notification. BILLING CODE 3410–09–P information: confidentiality agreement, Copies of the submission(s) may be panelist information, peer review of an obtained by calling (202) 720–8958. ARS research project, critique of ARS An agency may not conduct or DEPARTMENT OF AGRICULTURE research project, panelist expense sponsor a collection of information report, and panelist invoice. The unless the collection of information Submission for OMB Review; information is used to manage the travel displays a currently valid OMB control Comment Request and stipend payments to panel number and the agency informs September 30, 2009. reviewers and provide well-organized potential persons who are to respond to feedback to ARS’ researchers about their the collection of information that such The Department of Agriculture has projects. If information were not persons are not required to respond to submitted the following information collected, ARS would not meet the the collection of information unless it collection requirement(s) to OMB for administrative or legislative displays a currently valid OMB control review and clearance under the requirements of the Peer Review Process number. Paperwork Reduction Act of 1995, as mandated by Public Law 105–185. Public Law 104–13. Comments Description of Respondents: Cooperative State Research, Education, regarding (a) whether the collection of Individuals or households. and Extension Service information is necessary for the proper Number of Respondents: 160. Title: Veterinary Medicine Loan performance of the functions of the Frequency of Responses: Reporting: Repayment Program (VMLRP). agency, including whether the Quarterly; Weekly; Annually. OMB Control Number: 0524–NEW. information will have practical utility; Total Burden Hours: 3,053. Summary of Collection: In January (b) the accuracy of the agency’s estimate of burden including the validity of the Ruth Brown, 2003, the National Veterinary Medical Service Act (NVMSA) was passed into methodology and assumptions used; (c) Departmental Information Collection ways to enhance the quality, utility and Clearance Officer. law adding section 1415A to the National Agricultural Research, clarity of the information to be [FR Doc. E9–23871 Filed 10–2–09; 8:45 am] Extension, and Teaching Policy Act of collected; (d) ways to minimize the BILLING CODE 3410–03–P 1997. This law established a new burden of the collection of information Veterinary Medicine Loan Repayment on those who are to respond, including DEPARTMENT OF AGRICULTURE Program (VMLRP) (7 U.S.C. 3151a) through the use of appropriate authorizing the Secretary of Agriculture automated, electronic, mechanical, or Submission for OMB Review; to carry out a program of entering into other technological collection Comment Request agreements with veterinarians under techniques or other forms of information which they agree to provide veterinary technology should be addressed to: Desk September 30, 2009. services in veterinarian shortage Officer for Agriculture, Office of The Department of Agriculture has situations. The purpose of the program Information and Regulatory Affairs, submitted the following information is to assure an adequate supply of Office of Management and Budget collection requirement(s) to OMB for trained food animal veterinarians in (OMB), review and clearance under the shortage situations and provide USDA [email protected] or Paperwork Reduction Act of 1995, with a pool of veterinary specialists to fax (202) 395–5806 and to Departmental Public Law 104–13. Comments assist in the control and eradication of Clearance Office, USDA, OCIO, Mail regarding (a) whether the collection of animal disease outbreaks. Stop 7602, Washington, DC 20250– information is necessary for the proper Need and Use of the Information: The 7602. Comments regarding these performance of the functions of the Cooperative State Research, Education information collections are best assured agency, including whether the and Extension Service will collect of having their full effect if received information will have practical utility; information using the Veterinarian within 30 days of this notification. (b) the accuracy of the agency’s estimate Shortage Situation Nomination form. Copies of the submission(s) may be of burden including the validity of the Applications for the VMLRP will be obtained by calling (202) 720–8958. methodology and assumptions used; (c) accepted from eligible veterinarians An agency may not conduct or ways to enhance the quality, utility and who agree to serve in one of the sponsor a collection of information

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unless the collection of information DEPARTMENT OF AGRICULTURE Health Programs, VS, APHIS, 4700 River displays a currently valid OMB control Road Unit 43, Riverdale, MD 20737– number and the agency informs Animal and Plant Health Inspection 1231; (301) 734–6954. potential persons who are to respond to Service SUPPLEMENTARY INFORMATION: the collection of information that such [Docket No. APHIS–2009–0006] Background persons are not required to respond to the collection of information unless it Notice of Availability of a Bovine Brucellosis is a contagious disease displays a currently valid OMB control Brucellosis Program Concept Paper affecting animals and humans, caused by bacteria of the genus Brucella. number. AGENCY: Animal and Plant Health The brucellosis regulations, contained Inspection Service, USDA. Farm Service Agency in 9 CFR part 78, currently provide a ACTION: Notice of availability and system for classifying States or portions Title: 2008 Aquaculture Grant request for comments. of States according to the rate of Program—Recovery Act. SUMMARY: We are advising the public Brucella infection present and the OMB Control Number: 0560–0262. that the Animal and Plant Health general effectiveness of a brucellosis Summary of Collection: Section Inspection Service is making a concept control and eradication program. The 102(d) of the American Recovery and paper describing a new direction for the current State classifications are Class Reinvestment Act of 2009 (Recovery bovine brucellosis program available for Free, Class A, Class B, and Class C. Act) authorizes $50 million for a 2008 public review and comment. The States or areas that do not meet the Aquaculture Grant Program (AGP). As cooperative Federal-State-industry effort minimum standards for Class C are required by the Recovery Act, to eradicate bovine brucellosis from required to be placed under Federal Commodity Credit Corporation (CCC) cattle in the United States has made quarantine. funds will be used to provide block significant progress since the program’s This document announces the availability of a concept paper for a new grants to State Departments of inception in 1934. However, unique direction for the bovine brucellosis Agriculture that agree to provide AGP challenges impede eradication. The concept paper we are making available program. Bovine brucellosis has assistance to eligible aquaculture presents our current thinking about significant animal health, public health, producers for losses associated with changes we are planning to address and international trade consequences. high feed input costs during the 2008 these challenges. The cooperative Federal-State-industry calendar year. The Recovery Act DATES: We will consider all comments effort to eradicate this disease from requires the States to complete and that we receive on or before cattle in the United States has made submit a 2008 AGP Financial Report to December 4, 2009. significant progress since the program’s CCC. ADDRESSES: You may submit comments inception in 1934. However, unique Need and Use of the Information: by either of the following methods: challenges impede eradication. This States must submit to CCC, a report that • Federal eRulemaking Portal: Go to concept paper presents the current describes: (1) The manner in which the http://www.regulations.gov/fdmspublic/ thinking of the Animal and Plant Health State provided assistance; (2) the component/ Inspection Service’s Veterinary Services amounts of assistance provided per main?main=DocketDetail&d=APHIS- (VS) program about changes we are species of aquaculture; and (3) the 2009-0006 to submit or view comments planning to address these challenges. process by which the state determines and to view supporting and related The concept paper provides an action the levels of assistance to eligible materials available electronically. plan that: • aquaculture producers. The collected Postal Mail/Commercial Delivery: 1. Effectively demonstrates the disease-free status of the United States information will be used to ensure that Please send two copies of your comment through a national status-based program an eligible aquaculture producer that to Docket No. APHIS–2009–0006, Regulatory Analysis and Development, supported by a national surveillance receives assistance under AGP is not PPD, APHIS, Station 3A–03.8, 4700 strategy; eligible to receive any other assistance River Road Unit 118, Riverdale, MD 2. Enhances efforts to mitigate disease under the supplemental agricultural 20737–1238. Please state that your transmission from wildlife; disaster assistance program established comment refers to Docket No. APHIS– 3. Enhances disease response and under section 531 of the Federal Crop 2009–0006. control measures; Insurance Act and section 901 of the Reading Room: You may read any 4. Modernizes the regulatory Trade Act of 1974 for any losses in 2008 comments that we receive on this framework to allow VS to address risks relating to the same species of docket in our reading room. The reading quickly and sensibly; and aquaculture. room is located in room 1141 of the 5. Implements a risk-based disease Description of Respondents: State, USDA South Building, 14th Street and management area concept. Local or Tribal Government. Independence Avenue, SW., The bovine brucellosis concept paper Washington, DC. Normal reading room may be viewed on the Internet at the Number of Respondents: 37. hours are 8 a.m. to 4:30 p.m., Monday Regulations.gov Web site (see Frequency of Responses: Reporting: through Friday, except holidays. To be ADDRESSES above for instructions on Other (Once). sure someone is there to help you, accessing Regulations.gov). You may Total Burden Hours: 28. please call (202) 690–2817 before request paper copies of the document by coming. calling or writing to the person listed Ruth Brown, Other Information: Additional under FOR FURTHER INFORMATION Departmental Information Collection information about APHIS and its CONTACT. Please refer to the title of the Clearance Officer. programs is available on the Internet at document when requesting copies. The [FR Doc. E9–23935 Filed 10–2–09; 8:45 am] http://www.aphis.usda.gov. document is also available for review in BILLING CODE 3410–05–P FOR FURTHER INFORMATION CONTACT: Dr. our reading room (information on the Lee Ann Thomas, Director, Ruminant location and hours of the reading room

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is listed under the heading ADDRESSES at Independence Avenue, SW., Approach for Managing Bovine the beginning of this notice). Washington, DC. Normal reading room Tuberculosis: Veterinary Services’ Done in Washington, DC, this 29th day of hours are 8 a.m. to 4:30 p.m., Monday Proposed Action Plan.’’ Bovine TB has September 2009. through Friday, except holidays. To be significant animal health, public health, Kevin Shea, sure someone is there to help you, and international trade consequences. please call (202) 690–2817 before Acting Administrator, Animal and Plant The cooperative Federal-State-industry Health Inspection Service. coming. effort to eradicate this disease from Other Information: Additional [FR Doc. E9–23947 Filed 10–2–09; 8:45 am] cattle in the United States has made information about APHIS and its significant progress since the program’s BILLING CODE 3410–34–P programs is available on the Internet at inception in 1917. However, several http://www.aphis.usda.gov. challenges impede eradication. This DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: Dr. concept paper presents the current Alecia Naugle, National Tuberculosis thinking of the APHIS’ Veterinary Animal and Plant Health Inspection Program Coordinator, Ruminant Health Services (VS) about changes we are Service Programs, VS, APHIS, 4700 River Road considering for the TB program to Unit 43, Riverdale, MD 20737; (301) address these challenges. [Docket No. APHIS–2009–0073] 734–6954. The concept paper provides an action Notice of Availability of a Bovine SUPPLEMENTARY INFORMATION: plan that: 1. Enhances efforts to mitigate disease Tuberculosis Program Concept Paper Background transmission from wildlife and AGENCY: Animal and Plant Health Bovine tuberculosis (TB) is a imported animals; Inspection Service, USDA. contagious and infectious 2. Enhances bovine TB surveillance ACTION: Notice of availability and granulomatous disease caused by the through a comprehensive national request for comments. bacterium Mycobacterium bovis. surveillance plan and accelerated Although commonly defined as a development of new diagnostic tests; SUMMARY: We are advising the public chronic debilitating disease, bovine TB 3. Expands disease management that the Animal and Plant Health can occasionally assume an acute, options and control strategies; Inspection Service is making a concept rapidly progressive course. While any 4. Modernizes the regulatory paper describing a new direction for the body tissue can be affected, lesions are framework to allow VS to better focus bovine tuberculosis program available most frequently observed in the lymph resources; and for public review and comment. The nodes, lungs, intestines, liver, spleen, 5. Transitions the bovine TB program cooperative Federal-State-industry effort pleura, and peritoneum. Although cattle from a State classification system to a to eradicate bovine tuberculosis from are considered to be the true hosts of M. science-based zoning approach. cattle in the United States has made bovis, the disease has been reported in The bovine TB concept paper may be significant progress since the program’s several other species of both domestic viewed on the Internet at the inception in 1917. However, several and nondomestic animals, as well as in Regulations.gov Web site (see challenges impede eradication. The humans. ADDRESSES above for instructions on concept paper we are making available At the beginning of the past century, accessing Regulations.gov). You may presents our current thinking about bovine TB caused more losses of request paper copies of the document by changes we are considering for the livestock than all other livestock calling or writing to the person listed bovine tuberculosis to address these diseases combined. This prompted the under FOR FURTHER INFORMATION challenges. establishment in the United States of the CONTACT. Please refer to the title of the National Cooperative State/Federal document when requesting copies. The DATES: We will consider all comments Bovine Tuberculosis Eradication that we receive on or before document is also available for review in Program for bovine TB in livestock. our reading room (information on the December 4, 2009. In carrying out the national location and hours of the reading room ADDRESSES: You may submit comments eradication program, the Animal and is listed under the heading ADDRESSES at by either of the following methods: Plant Health Inspection Service (APHIS) the beginning of this notice). • Federal eRulemaking Portal: Go to issues and enforces regulations. The http://www.regulations.gov/fdmspublic/ regulations require the testing of cattle, Done in Washington, DC, this 29th day of component/ bison, and captive cervids for bovine September 2009. main?main=DocketDetail&d=APHIS- TB, define the Federal bovine TB status Kevin Shea, 2009-0073 to submit or view comments levels for States or zones (accredited- Acting Administrator, Animal and Plant and to view supporting and related free, modified accredited advanced, Health Inspection Service. materials available electronically. modified accredited, accreditation [FR Doc. E9–23948 Filed 10–2–09; 8:45 am] • Postal Mail/Commercial Delivery: preparatory, and nonaccredited), BILLING CODE 3410–34–P Please send two copies of your comment provide the criteria for attaining and to Docket No. APHIS–2009–0073, maintaining those status levels, and Regulatory Analysis and Development, contain testing and movement DEPARTMENT OF AGRICULTURE PPD, APHIS, Station 3A–03.8, 4700 requirements for cattle, bison, and River Road Unit 118, Riverdale, MD captive cervids leaving States or zones Forest Service 20737–1238. Please state that your of a particular status level. These Continental Divide National Scenic comment refers to Docket No. APHIS– regulations are contained in 9 CFR part Trail Comprehensive Plan; FSM 2350 2009–0073. 77 and in the Bovine Tuberculosis Reading Room: You may read any Eradication Uniform Methods and AGENCY: Forest Service, USDA. comments that we receive on this Rules, 1999, which is incorporated by ACTION: Notice of final amendments to docket in our reading room. The reading reference into the regulations. comprehensive plan and final room is located in room 1141 of the This document announces the directives. USDA South Building, 14th Street and availability of a concept paper, ‘‘A New

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SUMMARY: The Forest Service is 150) pursuant to the National Trails CDNST trail segments. In addition, this amending the Continental Divide System Act (16 U.S.C. 1244(b)). memorandum identifies the importance National Scenic Trail (CDNST) The National Trails System Act of understanding the nature and Comprehensive Plan and internal requires the Secretary of Agriculture, in purposes of the CDNST in establishing agency directives at Forest Service consultation with other affected Federal direction governing its development and Manual (FSM) 2350. The CDNST agencies, the governors of affected management. Comprehensive Plan provides overall states, and the relevant advisory council In 2004, the Council adopted the direction for the development, established pursuant to the Act, to following guiding principles for the management, and use of the CDNST. prepare a comprehensive plan for the CDNST: FSM 2350 guides policy, development, management and use of the CDNST (16 Complete the Trail to connect people and and management of the CDNST on U.S.C. 1244(f)). The Forest Service goal communities to the Continental Divide by National Forest System lands. This in 1981 for the CDNST Comprehensive providing scenic, high-quality, primitive notice discusses the changes to the Plan was to provide a uniform trail hiking and horseback riding experiences, CDNST Comprehensive Plan, responds management program reflecting the while preserving the significant natural, to comments received from the public, purposes of the CDNST while providing historic, and cultural resources along the and makes final changes to FSM 2350. for use and protection of the natural and Trail. DATES: Effective Date: The amendments cultural resources along the CDNST. In 2005, the three participating to the CDNST Comprehensive Plan and The Chief of the Forest Service Federal agencies executed an the implementing directives at FSM approved the Comprehensive Plan for interagency MOU (05–MU–11020000– 2350 are effective November 4, 2009. the CDNST in 1985. 071) to address CDNST programs and The CDNST crosses Federal lands FOR FURTHER INFORMATION CONTACT: Greg management consistent with the 2004 administered by the United States guiding principles for the CDNST. The Warren, CDNST National Administrator, Department of Agriculture, Forest (303) 275–5054, [email protected]. cooperative work under the MOU led to Service, and the United States development of these amendments. SUPPLEMENTARY INFORMATION: Department of the Interior, Bureau of These final amendments and Table of Contents Land Management, and National Park directives revise the nature and Service. The Regional Forester of the purposes of the CDNST to track those 1. Background Rocky Mountain Region is the lead 2. Public Comments and Responses identified in the 1976 CDNST Study Forest Service official for coordinating Report and 1977 CDNST Final 3. Regulatory Certifications matters concerning the study, planning, 4. Final Amendments to the CDNST Environmental Impact Statement. The Comprehensive Plan and operation of the CDNST (FSM CDNST Study Report states: 5. Final Amendments to FSM 2350 2353.04). Federal interagency trail programs The primary purpose of this trail is to 1. Background generally are coordinated through an provide a continuous, appealing trail route, designed for the hiker and horseman, but History and Administration of the interagency memorandum of compatible with other land uses. * * * One CDNST understanding (MOU) governing the of the primary purposes for establishing the National Trails System (06–SU– Continental Divide National Scenic Trail The CDNST was established by the 11132424–196). Programs specific to the would be to provide hiking and horseback National Parks and Recreation Act of CDNST are developed and coordinated access to those lands where man’s impact on 1978 (Pub. L. No. 95–625, 92 Stat. 3467), through the CDNST Interagency the environment has not been adverse to a which amended the National Trails Leadership Council (Council), substantial degree and where the System Act of 1968 (16 U.S.C. 1241– consisting of Regional Foresters for the environment remains relatively unaltered. 1251). The National Parks and Forest Service, State Directors for the Therefore, the protection of the land resource must remain a paramount consideration in Recreation Act: Bureau of Land Management, and a • Established the CDNST between the establishing and managing the trail. There Regional Director for the National Park must be sufficient environmental controls to Montana-Canada and New Mexico- Service. The Council provides assure that the values for which the trail is Mexico borders; leadership and oversight to complete established are not jeopardized. * * * The • Provided for administation of the and sustain the CDNST and ensures basic goal of the trail is to provide the hiker CDNST by the Secretary of Agriculture, consistent, coordinated, and effective and rider an entree to the diverse country in consultation with the Secretary of the programs for the CDNST. along the Continental Divide in a manner, Interior; which will assure a high quality recreation • Despite the general prohibition on The Nature and Purposes of the CDNST experience while maintaining a constant motor vehicle use by the public on A 1997 memorandum from the respect for the natural environment. * * * Deputy Chief of the Forest Service to The Continental Divide Trail would be a National Scenic Trails (16 U.S.C. simple facility for foot and horseback use in 1246(c)), provided for motor vehicle use Regional Foresters states: keeping with the National Scenic Trail on road segments of the CDNST in As the CDNST is further developed, it is concept as seen in the Appalachian and accordance with applicable regulations expected that the trail will eventually be Pacific Crest Trails. (16 U.S.C. 1244(a)(5)); and relocated off of roads for its entire length. • The amended CDNST Comprehensive Described management of The memorandum further states: Plan and its implementing directives recreation and other uses along the will more accurately reflect the nature CDNST so as not to interfere with the It is the intent of the Forest Service that the CDNST will be for non-motorized recreation. and purposes of the CDNST and the nature and purposes for which the * * * Allowing motorized use on these requirements of the National Trails CDNST was established (16 U.S.C. newly constructed trail segments would System Act (16 U.S.C. 1244(f)). As work 1246(c)). substantially interfere with the nature and on the CDNST progresses, further The Chief of the Forest Service adopted purpose of the CDNST. revisions to the CDNST Comprehensive the 1976 CDNST Study Report and 1977 This memorandum clarifies the Forest Plan may be required. For additional CDNST Final Environmental Impact Service’s intent with respect to motor information on CDNST programs, visit Statement on August 5, 1981 (40 FR vehicle use on newly constructed http://www.fs.fed.us/cdt.

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2. Public Comments and Responses Another respondent stated that the recreation experience for hiking and On June 12, 2007, the Forest Service proposed nature and purposes statement horseback riding. Consistent with the National Trails published in the Federal Register for omitted part of the policy statement for System Act, the 1976 CDNST Study public notice and comment the National Scenic Trails from the National Report, and the 1977 CDNST Final proposed amendments to the 1985 Trails System Act, specifically, the Environmental Impact Statement, the CDNST Comprehensive Plan and policy that National Scenic Trails are to amended CDNST Comprehensive Plan accompanying Forest Service directives provide for maximum outdoor states that the nature and purposes of (72 FR 112). The 60-day public recreation potential and conservation of the CDNST are to provide for high- comment period was extended for 60 natural, historic, and cultural resources. Another respondent recommended quality scenic, primitive hiking and days (72 FR 148). removing the phrase ‘‘non-motorized’’ horseback riding opportunities and to The Forest Service received over from the statement on the grounds that conserve natural, historic, and cultural 8,000 letters or electronic mail in the word ‘‘primitive’’ is sufficient to resources along the CDNST corridor. response to the proposed amendments provide for a quiet, nature-based The amended CDNST Comprehensive and directives. The respondents fell into experience for hikers and equestrians. Plan and final directives implementing the following categories: Other respondents wanted the word the amendments to the CDNST Motor vehicle organizations: 7. ‘‘primitive’’ removed on the grounds Comprehensive Plan on National Forest Mountain biking organizations: 5. System lands provide that backpacking, National scenic trail organizations: 6. that it was ambiguous. Another respondent noted that the nature walking, day hiking, horseback Recreation or conservation proposed amendments to the CDNST riding, nature photography, mountain organizations: 10. Comprehensive Plan and FSM 2350 climbing, cross-country skiing, and City, county, and elected officials: 2. should apply to the extent applicable to snowshoeing are compatible with the Unaffiliated, unique response: provisions that were not specifically nature and purposes of the CDNST approximately 800. referenced. Therefore, this respondent (final amendments to the CDNST Other (principally mountain biking believed that the amended CDNST Comprehensive Plan, Chapter IV(B)(5); enthusiasts, who submitted comments Comprehensive Plan and directives FSM 2353.44b, para. 8, in the final in the form of the same electronic mail): should state that the amendments to the directives). The amendments to the approximately 7,200. plan and directives supersede any other CDNST Comprehensive Plan and Many respondents supported the provisions of the plan and directives to directives ensure consistency with the proposed amendments and directives. the extent of any inconsistency. nature and purposes of the CDNST in Most respondents were concerned about Response: The amendments to the the context of right-of-way acquisition, access for motor vehicles and bicycles. 1985 CDNST Comprehensive Plan and land management planning, scenery Nature and Purposes Statement; corresponding directives are to ensure management, recreation resource Proposed FSM 2353.42, Paragraph 4 that the nature and purposes of the management, motor vehicle use, trail (Final Amendments to the CDNST CDNST track those in the 1976 CDNST and facility standards, and carrying Comprehensive Plan, All Chapters; FSM Study Report and 1977 CDNST Final capacity. 2353.42, in the Final Directives) Environmental Impact Statement, which The 1983 amendment to the National were prepared pursuant to the National Trails System Act, which added 16 Comments. One respondent believed U.S.C. 1246(j), does not modify the that the 1985 CDNST Comprehensive Trails System Act (16 U.S.C. 1244(b)). The 1976 CDNST Study Report states: nature and purposes of the CDNST. The Plan had to remain unchanged to added subsection simply lists uses and preserve its integrity for current and The primary purpose of this trail is to vehicles that may be permitted on provide a continuous, appealing trail route, future issues. National Trails generally. Another respondent observed that the designed for the hiker and horseman, but compatible with other land uses. * * * One The National Trails System Act states proposed nature and purposes statement of the primary purposes for establishing the that all National Scenic Trails must be for the CDNST appeared to derive, Continental Divide National Scenic Trail so located to provide for maximum appropriately, from a number of would be to provide hiking and horseback outdoor recreation potential and sources, including section 3(a)(2) of the access to those lands where man’s impact on conservation of natural, historic, and National Trails System Act, the 1976 the environment has not been adverse to a cultural resources (16 U.S.C. 1242(a)(2)). CDNST Study Report, and the 1977 substantial degree and where the This requirement is reflected in the CDNST Final Environmental Impact environment remains relatively unaltered. nature and purposes statement in the Therefore, the protection of the land resource Statement. must remain a paramount consideration in amended CDNST Comprehensive Plan, Some respondents requested establishing and managing the trail. There which states that the nature and modification of the proposed nature and must be sufficient environmental controls to purposes of the CDNST are to provide purposes statement to provide for high- assure that the values for which the trail is for high-quality scenic, primitive hiking quality scenic, bicycling, and motorized established are not jeopardized. * * * The and horseback riding opportunities and opportunities, as well as high-quality basic goal of the trail is to provide the hiker to conserve natural, historic, and scenic, primitive hiking and horseback and rider an entree to the diverse country cultural resources along the CDNST riding opportunities. Other respondents along the Continental Divide in a manner, which will assure a high-quality recreation corridor. Where possible, the CDNST stated that activities such as cross- experience while maintaining a constant will be located in primitive or semi- country skiing and snowshoeing should respect for the natural environment. * * * primitive non-motorized settings, which be considered comparable to hiking The Continental Divide Trail would be a will further contribute to providing for with respect to the nature and purposes simple facility for foot and horseback use in maximum outdoor recreation potential of the CDNST. keeping with the National Scenic Trail and conservation of natural, historic, Several respondents claimed that the concept as seen in the Appalachian and and cultural resources in the areas nature and purposes of the CDNST were Pacific Crest Trails. traversed by the CDNST (FSM 2353.44b, modified by a 1983 amendment of the Thus, the 1976 CDNST Study Report para. 8, in the final directives). National Trails System Act to include states that the primary purpose of the The Forest Service has removed the other uses, such as bicycling. CDNST is to provide a high-quality words ‘‘non-motorized’’ and

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‘‘recreational’’ from the nature and management plans must prescribe would be time-consuming and purposes statement for the CDNST, as desired conditions, objectives, burdensome and should instead be these words were redundant. ‘‘High- standards, and guidelines for the conducted at the regional level. Some quality scenic, primitive hiking and CDNST corridor by establishing a respondents proposed including a horseback riding’’ are non-motorized management area for the CDNST that is definition for ‘‘carrying capacity’’ or recreation opportunities. The Agency broad enough to protect natural, scenic, using different terminology for that has not removed the word ‘‘primitive’’ historic, and cultural features (FSH term, such as ‘‘type and volume of use.’’ from the nature and purposes statement, 1909.12), Response: The provisions of the final as it is not redundant and is not With regard to management areas for directives governing unit plans establish ambiguous. It means ‘‘of or relating to National Trails, H.R. Rep. No 90–1631 guidance for site-specific planning for an earliest or original stage or state.’’ on the National Trails System Act states: the CDNST consistent with the National Webster’s II New Riverside University The rights-of-way for the trails will be of Trails System Act, the 1976 CDNST Dictionary 934 (1984). Preferred sufficient width to protect natural, scenic, Study Report, and the 1977 Final recreation settings, including primitive cultural, and historic features along the trails Environmental Impact Statement. or semi-primitive non-motorized and to provide needed public use facilities. Decisions regarding whether to allow categories, are delineated in the Forest The rights-of-way will be located to avoid certain types of uses on the CDNST will Service’s Recreation Opportunity established uses that are incompatible with be best decided through land Spectrum system (FSM 2311.1) and the protection of a trail in its natural management planning and appropriate condition and its use for outdoor recreation. described in the CDNST Comprehensive environmental analysis. Plan, Chapter IV(B)(5). 1968 U.S. Code Cong.& Admin. News Section 5(f)(1) of the National Trails The amendments to the 1985 CDNST 3855, 3863–3864, 3867. System Act (16 U.S.C. 1244(f)(1)) Comprehensive Plan apply throughout Further, Executive Order (E.O.) 13195 requires carrying capacity to be the document to the extent applicable, states: established for the CDNST. The Agency not just to the provisions that are Federal agencies will * * * protect, connect, is removing the definition for ‘‘carrying specifically referenced in the promote, and assist trails of all types * * *. capacity’’ from the 1985 CDNST amendments. The Forest Service agrees This will be accomplished by * * * Comprehensive Plan and replacing it that this intent should be expressly protecting the trail corridors associated with with a statement that provides for using stated. Therefore, the Agency has added National Scenic Trails * * * to the degree the Limits of Acceptable Change necessary to ensure that the values for which (described in Forest Service General the following statement to the [the] trail was established remain intact. amendments: Technical Report INT–GTR–371 and To give local managers discretion to other publications) or a similar system To the extent there is any inconsistency address site-specific conditions, the between the foregoing revisions and any to establish carrying capacity, consistent other provisions in the 1985 CDNST final directives do not prescribe with the nature and purposes of the Comprehensive Plan, the foregoing revisions minimum widths for the CDNST CDNST and the applicable land control. corridor. Rather, consistent with the management plan (final amendments to legislative history for the National Trails the CDNST Comprehensive Plan, Land Management Planning; Proposed System Act and E.O. 13195, FSM Chapter IV(B)(9); FSM 2353.44b, para. FSM 2353.43, Paragraph 1 (FSM 2353.44b, para. 1a, in the final 2f, in the final directives). 2353.44b, Paragraph 1, in the Final directives states that the land Directives) management plan for administrative Monitoring; New FSM 2353.44b, Comments: Some respondents units through which the CDNST Paragraphs 1c, 2g, and 3,in the Final requested that land management plans traverses must, except where the Directives include standards as well as guidelines CDNST is located in a wilderness area Comments: Respondents requested an for the CDNST, as is the case with the and is governed by wilderness increased emphasis on monitoring Appalachian National Scenic Trail, to management prescriptions, establish a conditions on the CDNST. ensure that the CDNST is protected in management area for the CDNST that is Response: The Agency has added accordance with requirements of the broad enough to protect natural, scenic, several provisions on monitoring in the National Trails System Act. historic, and cultural features (FSH final directives. FSM 2353.44b, para. 1c, One respondent supported identifying 1909.12). FSM 2353.44b, para. 2b, in the requires that the land management plan management areas for the CDNST. final directives contains the same for an administrative unit through Another respondent requested requirement for CDNST unit plans, which the CDNST passes establish a clarification on delineating CDNST provided that this requirement is not monitoring program to evaluate the management areas in wilderness. already met in the applicable land condition of the CDNST in the Another respondent requested that management plan or wilderness management area. FSM 2353.44b, para. management areas extend one-quarter management prescriptions. 2g, requires each unit plan for the mile from either side of the CDNST. CDNST to establish monitoring Response: The Agency has revised CDNST Unit Plans; Proposed FSM programs to evaluate the site-specific proposed FSM 2353.43, para.1 (FSM 2353.43, Paragraph 2 (FSM 2353.44b, conditions of the CDNST. FSM 2353.44b, para. 1, in the final directives) Paragraph 2, in the Final Directives) 2353.44b, para. 3, requires that to provide for adopting standards and Comments: Respondents were mostly implementation of a CDNST unit plan guidelines in land management plans supportive of requiring development of be monitored by establishing a program for administrative units traversed by the unit plans to meet the site-specific to evaluate and report on the overall CDNST and to clarify the guidance for requirements of the National Trails condition of the segment of the CDNST delineating a management area. System Act. However, some that traverses that unit as related to the Specifically, the final directives provide respondents expressed concerns about nature and purposes of the CDNST. that, except where the CDNST traverses requiring site-specific analysis at the Monitoring will ensure that the ROS for a wilderness area and is governed by level of an administrative unit for the primary uses of the CDNST allows wilderness management prescriptions mountain biking on the CDNST. These for high-quality recreational (36 CFR Part 293), these land respondents believed that this analysis experiences.

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Scenery Management; Proposed FSM implementing directives state that ability to establish side and connecting 2353.43, Paragraph 3, and FSM 2353.44, motorized use is incompatible with the trails for the CDNST. Paragraph 1 (Final Amendments to the nature and purposes of the CDNST. Response: The Agency has removed CDNST Comprehensive Plan, Chapter Response: The CDNST the direction regarding construction of IV(B)(4); FSM 2353.44b, Paragraph 7, in Comprehensive Plan amendments and CDNST segments from the amended the Final Directives) implementing directives is to encourage CDNST Comprehensive Plan and final location of the CDNST in primitive or Comments: Respondents supported directives, since issues concerning semi-primitive non-motorized areas, the direction on scenery management in development of the CDNST can be which will maximize the recreation the proposed directives, but suggested appropriately addressed through potential of the areas along the CDNST. environmental analysis associated with more emphasis on middle ground and Management objectives for the setting background scenic quality. Other land and resource management plans and uses of the CDNST corridor will be and site-specific plans. respondents wanted the proposed further prescribed through land directives to address restoration of management planning to address Motor Vehicle Use; Proposed FSM degraded ecosystems. desired future conditions. CDNST 2353.43, Paragraph 6; Management of Response: For scenery management segments will be developed and Motor Vehicle Use That May Be purposes, the CDNST is categorized as managed according to ROS objectives Allowed; Proposed FSM 2353.44, a concern level 1 route, with a scenic prescribed through land management Paragraph 4; Management of Motor integrity objective as high or very high. planning, guided by the amended Vehicle Use That Shall Be Allowed; The Forest Service’s Scenery CDNST Comprehensive Plan. The Proposed FSM 2353.44, Paragraph 5 Management System (SMS) (FSM CDNST is a concern level 1 route with (Final Amendments to the CDNST 2382.1; Landscape Aesthetics: A a scenic integrity objective of high or Comprehensive Plan, Chapter IV(B)(6); Handbook for Scenery Management, very high (final amendments to the Consolidated into FSM 2353.44b, Agricultural Handbook 701, 1995, CDNST Comprehensive Plan, Chapter Paragraph 11, in the Final Directives) http://www.fs.fed.us/cdt) and the Visual IV(B)(4); FSM 2353.44b, para. 7), which Management System (VMS) in Bureau of Comments: One respondent stated will help ensure that the ROS setting in that the separate provisions in the Land Management Manual 8400 the CDNST corridor will be maintained sufficiently address middle ground and proposed directives governing motor or improved. vehicle use that ‘‘may be allowed’’ background scenic quality. Therefore, To address recreation needs and versus motor vehicle use that ‘‘shall be additional scenery management opportunities for all trail users, CDNST allowed’’ were confusing, particularly direction in the final plan amendments plans typically will be prepared in since both provisions contained similar and directives is unnecessary. The conjunction with travel management or prerequisites for allowing motor vehicle scenery and visual management similar site-specific plans. For clarity, use. objectives in the SMS and VMS provide the Agency has added a provision in the for a high degree of protection and amended CDNST Comprehensive Plan, One respondent stated that the restoration of natural resources within Chapter IV(B)(5), and in FSM 2353.44b, National Trails System Act prohibits the the CDNST corridor. para. 8, of the final directives listing the use of motor vehicles by the public on recreation activities that are compatible National Scenic Trails and that the issue Recreation Opportunity Spectrum; of motor vehicle use on these trails was Proposed FSM 2353.43, Paragraph 4, with the nature and purposes of the CDNST, per the 1976 CDNST Study muddied by the authorizing provision and FSM 2353.44, Paragraph 2 (Final for the CDNST, which allows motor Amendments to the CDNST Report. Consistent with the National Trails vehicle use on the CDNST in Comprehensive Plan, Chapter IV(B)(5); System Act, the 1976 CDNST Study accordance with regulations FSM 2353.44b, Paragraph 8, in the Final Report, and the 1977 CDNST promulgated by the appropriate Directives) Environmental Impact Statement, motor Secretary. Comments: Respondents supported vehicle use is prohibited on the CDNST, Several respondents expressed using the Recreation Opportunity other than in accordance with Chapter concern that allowing off-highway Spectrum (ROS) in managing the IV(B)(6) of the amended CDNST vehicle use on the CDNST would CDNST. However, some respondents Comprehensive Plan and FSM 2353.44b, increase use conflicts and undermine wanted the entire CDNST corridor to para. 11, in the final directives. the nature and purposes of the CDNST reflect primitive or semi-primitive to provide high-quality hiking, conditions. Constructing Segments of the CDNST; horseback, and other non-motorized One respondent stated that where a Proposed FSM 2353.43, Paragraph 5 recreation opportunities. Another segment of the CDNST must be located (Removed From the Amended CDNST respondent believed that there would in an ROS setting that is not primitive Comprehensive Plan and Final never be a situation where motor or semi-primitive, management Directives) vehicle use on the CDNST would not guidelines for that segment should Comments: Several respondents substantially interfere with its nature include as a long-term goal changing the expressed concern that the direction in and purposes. Another respondent setting to primitive or semi-primitive. proposed FSM 2353.43, para. 5, to limit commented that the proposed Other respondents wanted the construction of CDNST segments could amendments to the CDNST amended CDNST Comprehensive Plan affect the ability to select the optimum Comprehensive Plan and accompanying and implementing directives to provide location for the CDNST and could directives needed to state that motor that when any new segment of the adversely affect motor vehicle use. vehicle use is incompatible with the CDNST is classified as non-motorized in Another respondent requested that the nature and purposes of the CDNST and an area that has historically been CDNST be located on existing trails that although motor vehicle use may be motorized a replacement trail should be where they are adequate to meet the allowable on the CDNST in specific classified as motorized. needs of the CDNST. Respondents also situations, it should be minimized to Some respondents suggested that the stated that the proposed amendments comply with the intent of the National CDNST Comprehensive Plan and and directives should not diminish the Trails System Act. Another respondent

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opposed granting exceptions to the Act’s 5(a)(5) and 7(c) of the National Trails Motor Vehicle Use Restrictions; prohibition on motor vehicle use. System Act (16 U.S.C. 1244(a)(5) and Proposed FSM 2353.44b, Paragraph 6 Other respondents recognized that 1246(c)). Specifically, the final (Removed From the Final Amended motor vehicle use may be permissible amendments and directives prohibit CDNST Comprehensive Plan and on certain segments of the CDNST in motor vehicle use on the CDNST, other Directives) some situations. One respondent than: Comments: Respondents were suggested that motor vehicle use could confused about the intent of this be allowed on the CDNST if necessary (1) When necessary to meet emergencies; proposed direction. However, they to meet emergencies. Other respondents (2) When necessary to enable adjacent landowners or those with valid outstanding generally supported mitigation of supported motor vehicle use on the rights to have reasonable access to their lands impacts from motor vehicle use. Some CDNST by land users, such as timber or rights; respondents believed that this provision sale purchasers, as provided in the (3) For the purpose of allowing private National Trails System Act. was unnecessary because of the Forest One respondent requested that the landowners who have agreed to include their Service’s travel management rule. provisions regarding allowing lands in the CDNST by cooperative Response: This provision has been preexisting motor vehicle use include as agreement to use or cross those lands or removed from the final CDNST deciding factors the date of construction adjacent lands from time to time in Comprehensive Plan and directives. The of the trail segment and the type of accordance with Federal regulations; Forest Service’s travel management rule motor vehicle use, such as the vehicle (4) On a motor vehicle route that crosses at 36 CFR parts 212 and 261 and its the CDNST, as long as that use will not class allowed on the segment. Another implementing directives provide substantially interfere with the nature and respondent believed that use of the term adequate direction for management of purposes of the CDNST; ‘‘substantially’’ in relation to other uses’ motor vehicle use on the CDNST. (5) When designated in accordance with 36 interference with the nature and CFR Part 212, Subpart B, on National Forest Locating the CDNST on Roads; purposes of National Scenic Trails in System lands or is allowed on public lands Proposed FSM 2353.43, Paragraph 7 section 7(c) of the National Trails and (Final Amendments to the CDNST System Act (16 U.S.C. 1246(c)) (a) The vehicle class and width were Comprehensive Plan, Chapter IV(B)(5); demonstrates an intent to accommodate allowed on that segment of the CDNST prior FSM 2353.44b, Paragraph 8, in the Final motorized use on National Scenic Trails to November 10, 1978, and the use will not Directives) where appropriate, as long as it does not substantially interfere with the nature and Comments: Many respondents stated impair the overall quality of the non- purposes of the CDNST or motorized purposes of the trail. In that the CDNST should not be located (b) That segment was constructed as a road on roads because roads are open to addition, one respondent interpreted prior to November 10, 1978; or this section of the Act to provide that motor vehicle use, which is (6) In the case of over-snow vehicles, is incompatible with the nature and the proper time for determining whether allowed in accordance with 36 CFR Part 212, motor vehicle use has been allowed on purposes of the CDNST. One respondent Subpart C, on National Forest System lands stated that it might have been necessary, a segment to be included in the CDNST or is allowed on public lands and the use is when it is added to the trail. Another when Congress authorized the CDNST will not substantially interfere with the in 1978, to locate segments of the trail respondent requested that the proposed nature and purposes of the CDNST. amendments to the CDNST on motorized routes to maintain its Comprehensive Plan and the proposed (Final amendments to the CDNST continuity, but now it should be moved directives allow motor vehicle use Comprehensive Plan, Chapter IV(B)(6); from these routes to permanently where it existed as of the date of FSM 2353.44b, para. 11, in the final protected, non-motorized routes establishment of the CDNST, consistent directives.) designed and built for use by hikers and equestrians. Another respondent stated with the 1985 CDNST Comprehensive For clarity, the Agency has Management Plan. that roads should be used for the consolidated the provisions in the final Response: A fundamental purpose of CDNST only if no other practicable amendments to the CDNST the CDNST Comprehensive Plan public right-of-way is available. amendments and their implementing Comprehensive Plan and directives that Some respondents were concerned directives is to address provisions in the govern motor vehicle use (final about implementation of section 5(a)(5) National Trails System Act regarding amendments to the CDNST of the National Trails System Act (16 motor vehicle use. Section 7(c) of the Comprehensive Plan, Chapter IV(B)(6); U.S.C. 1244(a)(5)), which provides that National Trails System Act (16 U.S.C. FSM 2353.44b, para. 11, in the final notwithstanding section 7(c) of the Act 1246(c)) contains a prohibition on motor directives). The first four provisions for (16 U.S.C. 1246(c)), which generally vehicle use on National Scenic Trails. allowing motor vehicle use are derived prohibits motor vehicle use on the However, section 7(c) also contains from section 7(c) of the National Trails CDNST, subject to certain exceptions, several exceptions to the prohibition. System Act (16 U.S.C. 1246(c)). The fifth motor vehicle use on roads that are Notwithstanding section 7(c) of the Act, and sixth provisions derive from the segments of the CDNST is permitted in the authorizing provisions for the Forest Service’s travel management accordance with regulations CDNST in section 5(a)(5) of the National regulation (36 CFR part 212, subparts B promulgated by the appropriate Trails System Act (16 U.S.C. 1244(a)(5)) and C). The fifth provision takes into Secretary. Specifically, some allow motor vehicle use on roads that account preexisting motor vehicle use respondents believed that an are established as segments of the by vehicle class and width and uses the unintended consequence of the CDNST, in accordance with regulations date of establishment of the CDNST as proposed plan amendments and promulgated by the Forest Service at 36 the reference point. directives could be to require an CFR part 212, subparts B and C. The To the extent appropriate, motor affirmative determination regarding provisions governing motor vehicle use vehicle use on the CDNST will be motor vehicle use. Another respondent in the final amendments to the CDNST addressed in land and resource believed that the proposed plan and Comprehensive Plan and the final management plans and site-specific directives might unduly limit the directives are consistent with sections plans. discretion of the Secretary to

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promulgate regulations governing motor wilderness study areas and wilderness Cooperative Agreements; new FSM vehicle use on CDNST road segments. areas. 2353.44b, Paragraph 6, in the Final Response: Consistent with the Response: The final directives at FSM Directives prohibition on motor vehicle use in 2353.44b, para. 4, give trail managers Comments: Some respondents section 7(c) of the National Trails discretion to locate the CDNST inside or suggested addressing cooperative System Act (16 U.S.C. 1246(c)), the final outside a wilderness area. Recreational agreements with state and local amendments to the CDNST use in wilderness areas is governed by governments in this section of the Comprehensive Plan and the final wilderness regulations and management proposed directives. directives provide that a CDNST prescriptions. In addition, the final Response: The Agency has added a segment may be located on a road only directives provide that when the CDNST new provision at FSM 2353.44b, para. 6, where it is primitive and offers is located in a congressionally which provides for execution of recreational opportunities comparable designated wilderness study area or an cooperative agreements with other to those provided by a trail with a area recommended for designation as a Designed Use of Pack and Saddle Stock, Federal agencies and State, local, and wilderness area in the applicable land provided that the CDNST may have to tribal governments for CDNST purposes, management plan, the CDNST must be be located on or across motorized routes in accordance with section 7(h) of the managed so as to leave the area because of the inability to locate the National Trails System Act (16 U.S.C. trail elsewhere (final amendments to the unimpaired for inclusion in the 1246(h)). National Wilderness Preservation CDNST Comprehensive Plan, Chapter Designed Use; Proposed FSM 2353.43, System. IV(B)(6); FSM 2353.44b, para. 8). Paragraph 10 (FSM 2353.44b, Paragraph The Forest Service has promulgated Easements; Proposed FSM 2353.43, 9, in the Final Directives) regulations governing designation of Paragraph 9 (FSM 2353.44b, Paragraphs Comments: Respondents generally roads, trails, and areas for motor vehicle 5 and 6, in the Final Directives) use at 36 CFR part 212, subpart B. These supported the direction on Designed regulations do not require designation of Comments: Many respondents Use in proposed FSM 2353.43, para. 10. particular routes and areas for motor supported locating the CDNST within Designed Use is the Managed Use that vehicle use. Rather, these regulations the scope of permanent easements. requires the most demanding design, require creation of a system of routes Another respondent stated that the construction, and maintenance and areas designated for motor vehicle proposed directives should require parameters and that determines which use. Once routes and areas are easements for the CDNST to be wide design, construction, and maintenance designated for motor vehicle use on a enough to allow for use and parameters will apply to a trail (FSM particular administrative unit or ranger management of the trail. 2353.05). A Managed Use is a mode of travel that is actively managed and district, motor vehicle use that is Response: The National Trails System inconsistent with those designations is appropriate on a trail, based on its Act limits the Forest Service’s ability to design and management (FSM 2353.05). prohibited (36 CFR 261.13). locate the CDNST within the scope of Consistent with these regulations, the Some respondents expressed concerns easements. Specifically, section 5(a)(5) about assigning a Designed Use of final plan amendments and directives of the Act (16 U.S.C. 1244(a)(5)) states provide that use of motor vehicles other Hiker/Pedestrian to some segments of that no land or interest in land outside than over-snow vehicles is allowed on the CDNST and requested that all of the the boundaries of a Federally the CDNST when it is designated in CDNST have a Designed Use of Pack administered area may be acquired by accordance with 36 CFR part 212, and Saddle Stock. Some respondents the Federal Government for the CDNST subpart B, and (a) the designated vehicle expressed concerns regarding without the owner’s consent. This class and width were allowed on that availability of water sources for hikers limitation is included in ‘‘Acquisition of segment of the CDNST prior to and equestrians along the CDNST. Non-Federal Interests in Land,’’ Chapter November 10, 1978 (the date of Response: The 1976 CDNST Study IV(B)(3) of the final amended CDNST establishment of the CDNST), and the Report allows for some segments of the Comprehensive Plan and in FSM use will not substantially interfere with CDNST to have a Designed Use of 2353.44b, para. 5, of the final directives. the nature and purposes of the CDNST; Hiker/Pedestrian, and some segments or (b) the designated segment was However, the final directives state with that Designed Use exist along the constructed as a road prior to November that where the CDNST crosses private CDNST. However, the goal is for new 10, 1978. Use of over-snow vehicles is property, it should be located within the CDNST segments to have a Designed allowed on the CDNST consistent with scope of a permanent easement (FSM Use of Pack and Saddle Stock. 36 CFR part 212, subpart C. 5460.3). In addition, FSM 2353.44b, Consistent with this intent, FSM para. 5, in the final directives requires 2353.44b, para. 9 in the final directives, Locating the CDNST in a Wilderness that CDNST access needs be addressed provides that segments of the CDNST Area; Proposed FSM 2353.43, in assessing adjustments to land generally should fall into Trail Class 2 Paragraphs 8 (FSM 2353.44b, Paragraph ownership in an administrative unit. or 3 and have a Designed Use of Pack 4, in the Final Directives) FSM 2353.44b, para. 1a, requires the and Saddle Stock, but that a CDNST Comments: Respondents were mostly land management plan for an segment may fall into Trail Class 1, 2, supportive of locating the CDNST in administrative unit through which the or 3 and have a Designed Use of Hiker/ wilderness areas. One respondent CDNST passes to establish a Pedestrian where a substantial safety or suggested stating that generally the management area for the CDNST that is resource concern exists or the direction CDNST could be located in a wilderness broad enough to protect natural, scenic, for the management area provides only area, so as to make it easier to avoid historic, and cultural features, except for hiker/pedestrian use. In addition, locating a segment in a wilderness area where the management area would FSM 2353.44b, para. 9, in the final when it would result in potential overlap with a wilderness area. The directives provides that where a CDNST adverse effects on natural resources. scope of the management area will segment has a Designed Use of Hiker/ Some respondents expressed concerns guide acquisition of easements for the Pedestrian, trail managers must consider regarding management of the CDNST in CDNST. establishing side trails to accommodate

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pack and saddle stock needs. With CDNST if the use is consistent with the and resource management plans and regard to available water sources, this applicable land and resource site-specific plans. In addition, same paragraph in the final directives management plan and will not competitive events that involve an entry provides that if the interval between substantially interfere with the nature fee or 75 or more people require a natural water sources is excessive, trail and purposes of the CDNST. special use permit and are subject to managers must consider developing and Monitoring regarding the CDNST environmental analysis, which will protecting water sources for hikers and generally is addressed in FSM 2353.44b, determine whether the proposed pack and saddle stock use. para. 1c, 2g, and 3, in the final activity would substantially interfere directives. Other non-motorized uses are Bicycle Use; Proposed FSM 2353.44, with the nature and purposes of the addressed in Chapter IV(B)(5) in the Paragraph 7 (Final Amendments to the CDNST. amended CDNST Comprehensive Plan, CDNST Comprehensive Plan, Chapter Comments: Respondents and in FSM 2353.44b, para. 8, in the IV(B)(5); FSM 2353.44b, Paragraph 10, recommended defining ‘‘affirmative final directives, which states that in the Final Directives) determination,’’ ‘‘materially different,’’ backpacking, nature walking, day and ‘‘substantially interfere.’’ Comments: One respondent stated hiking, horseback riding, nature Response: The term ‘‘affirmative that proposed FSM 2353.44, para. 7, photography, mountain climbing, cross- determination’’ does not appear in the adequately addressed mountain bike use country skiing, and snowshoeing are final amended CDNST Comprehensive where it cannot be avoided on the compatible with the nature and Plan and directives. The Agency does CDNST, but should establish a purposes of the CDNST. not believe definitions for ‘‘materially systematic framework for monitoring The amended CDNST Comprehensive different’’ and ‘‘substantially interfere’’ mountain bike use to determine Plan and its implementing directives do are necessary or appropriate, as these thresholds that impair hiking and not make site-specific determinations terms are used in their ordinary sense equestrian experiences. Several regarding use of the CDNST. Rather, the and could apply in a variety of factual respondents requested that the proposed amended plan and directives provide a situations. These terms will be applied amendments to the CDNST framework for managing the CDNST. case specifically based on applicable Comprehensive Plan and directives Mountain bike and other possible uses land and resource management plans, as address not only mountain bike use, but of the CDNST will be addressed through well as applicable carrying capacity and other non-motorized uses as well. Other land management and unit plans. the nature and purposes of the CDNST. respondents stated that the proposed Comments: One respondent requested amendments to the CDNST Bicycle Use Mitigation; Proposed FSM 2353.44, Paragraph 8 (Removed From that the proposed amendments to the Comprehensive Plan should give all CDNST Comprehensive Plan and non-motorized uses consideration with the Final Amended CDNST Comprehensive Plan and Directives) proposed directives be revised to respect to whether they are allowed on comply with E.O. 13266, Activities to the CDNST. Comments: Some respondents agreed Promote Personal Fitness. One respondent believed that that the Forest Service should avoid Response: The Forest Service believes mountain bike use on the CDNST management practices that promote that the nature and purposes of the always would substantially interfere bicycle use on the CDNST. CDNST to provide for high-quality with the quality of hiking and Many other respondents did not hiking and equestrian opportunities are equestrian experiences and that support proposed FSM 2353.44, para. 8. consistent with E.O. 13266. substantial safety issues arise when all These respondent noted that bicycling these uses are combined. Another use on non-wilderness segments of the Regulatory Impact respondent was concerned about CDNST deserves fair consideration and Comments: Some respondents cumulative effects from mountain bike believed that there are many non- believed that the proposed amendments use and stated that it would be difficult, wilderness segments where bicycling to the CDNST Comprehensive Plan and if not impossible, to analyze effects if could occur. the proposed directives would have a mountain bike use is considered Other respondents asked that this significant economic impact in two segment by segment. Some respondents section be removed, since they believed counties if mountain bikes were requested that the section on bicycle use that mitigation of mountain bike use on precluded from the CDNST. be removed. the CDNST should be addressed at the Response: Neither the proposed nor Another respondent suggested that level of an administrative unit. the final plan amendments and bicycling be described as an appropriate Response: The Agency has removed directives preclude mountain bike use and established use on the CDNST that this direction from the final amended on the CDNST. Rather, the final is consistent with the intent of Congress CDNST Comprehensive Plan and Comprehensive Plan amendments and and the nature and purposes of the trail. directives, since mitigation of bicycle directives state that bicycle use may be Based on their understanding of the use can be adequately addressed allowed on the CDNST if the use is letter and spirit of the National Trails through requisite environmental consistent with the applicable land and System Act, other respondents analysis, land management and unit resource management plan and will not requested revising the proposed plans, and monitoring of the CDNST. substantially interfere with the nature amendments to the CDNST and purposes of the CDNST (final Comprehensive Plan and directives to General Comment and Responses amendments to the CDNST allow mountain bike use, except where Comments: One respondent believed Comprehensive Plan, Chapter IV(B)(5), the CDNST traverses a wilderness area. that competitive running and mountain and FSM 2353.44b, para. 10). Response: Consistent with section 7(c) biking events on the CDNST are of the National Trails System Act (16 incompatible with high-quality scenic, 3. Regulatory Certifications U.S.C. 1246(c)), the final amendments to primitive hiking and horseback riding Environmental Impact the CDNST Comprehensive Plan, opportunities. Chapter IV(B)(5), and the final directives Response: The desirability of The final amendments to the CDNST at FSM 2353.44b, para.10, provide that competitive events on the CDNST Comprehensive Plan and corresponding bicycle use may be allowed on the typically will be addressed through land directives will provide guidance to

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agency officials implementing the organizations, and small governmental Unfunded Mandates National Trails System Act. The final jurisdictions. Therefore, the Agency has Pursuant to Title II of the Unfunded amendments are consistent with the determined that the final amendments Mandates Reform Act of 1995 (2 U.S.C. nature and purposes of the CDNST and directives will not have a 1531–1538), the Agency has assessed identified in the 1976 CDNST Study significant economic impact on a the effects of the final amendments to Report and 1977 CDNST Final substantial number of small entities the 1985 CDNST Comprehensive Plan Environmental Impact Statement pursuant to the Regulatory Flexibility and corresponding final directives at adopted by the Forest Service in 1981 Act because the final amendments and FSM 2350 on State, local, and Tribal (40 FR 150). The final amendments and directives will not impose record- governments and the private sector. The directives will be applied through land keeping requirements on small entities; final amendments and directives will management planning and project will not affect their competitive position not compel the expenditure of $100 decisions following requisite in relation to large entities; and will not million or more by a State, local, or environmental analysis. Tribal government or anyone in the Forest Service regulations at 36 CFR affect their cash flow, liquidity, or ability to remain in the market. private sector. Therefore, a statement 220.6(d)(2) exclude from documentation under section 202 of the act is not in an environmental assessment or No Takings Implications required. environmental impact statement ‘‘rules, regulations, or policies to establish The Agency has analyzed the Controlling Paperwork Burdens on the Service-wide administrative procedures, amendments to the 1985 CDNST Public program processes, or instructions.’’ The Comprehensive Plan and corresponding The final amendments to the 1985 Forest Service has concluded that the final directives at FSM 2350 in CDNST Comprehensive Plan and final amendments and directives fall accordance with the principles and corresponding final directives at FSM within this category of actions and that criteria contained in E.O. 12630. The 2350 do not contain any record-keeping no extraordinary circumstances exist Agency has been determined that the or reporting requirements or other that require documentation in an final amendments and directives will information collection requirements as environmental assessment or not pose the risk of a taking of private defined in 5 CFR part 1320 that are not environmental impact statement. property. already required by law or not already Regulatory Impact approved for use. Accordingly, the Federalism and Consultation and review provisions of the Paperwork The final amendments to the 1985 Coordination With Indian Tribal Reduction Act of 1995 (44 U.S.C. 3501 CDNST Comprehensive Plan and Governments et seq.) and its implementing corresponding final directives at FSM The Forest Service has considered the regulations at 5 CFR part 1320 do not 2350 have been reviewed under USDA apply. procedures and E.O. 12866 on amendments to the 1985 CDNST regulatory planning and review. The Comprehensive Plan and corresponding 4. Final Amendments to the CDNST final amendments and directives will final directives at FSM 2350 under the Comprehensive Plan not have an annual effect of $100 requirements of E.O. 13132 on 1. Nature and Purposes. For all million or more on the economy, nor federalism and has determined that the chapters of the 1985 CDNST will they adversely affect productivity, final amendments and directives Comprehensive Plan, the Agency is competition, jobs, the environment, conform with the federalism principles revising the nature and purposes public health and safety, or State and set out in this E.O.; will not impose any statement as follows: local governments. The final compliance costs on the States; and will Administer the CDNST consistent with the amendments and directives will not not have substantial direct effects on the nature and purposes for which this National interfere with any action taken or States, the relationship between the Scenic Trail was established. The CDNST planned by another agency, nor will Federal government and the States, or was established by an Act of Congress on they raise new legal or policy issues. the distribution of power and November 10, 1978 (16 USC 1244(a)). The Finally, the final amendments and responsibilities among the various nature and purposes of the CDNST are to directives will not alter the budgetary levels of government. Therefore, the provide for high-quality scenic, primitive impact of entitlements, grants, user fees, hiking and horseback riding opportunities Agency has determined that no further and to conserve natural, historic, and cultural or loan programs or the rights and assessment of federalism implications is resources along the CDNST corridor. obligations of beneficiaries of such necessary. Moreover, the final 2. Acquisition of Non-Federal programs. Accordingly, the final amendments and directives will not Interests in Land. The Agency is amendments and directives are not have Tribal implications as defined by subject to review by the Office of removing in its entirety ‘‘Rights-of-Way E.O. 13175, Consultation and Acquisition on Non-Federal Lands,’’ Management and Budget under E.O. Coordination with Indian Tribal 12866. Chapter IV(B)(3), pages 40–44, in the Governments, and therefore advance 1985 CDNST Comprehensive Plan and Regulatory Flexibility Act Analysis consultation with Tribes is not required. replacing it with the following The Agency has considered the final Energy Effects statement under ‘‘Acquisition of Non- amendments to the 1985 CDNST Federal Interests in Land,’’ Chapter Comprehensive Plan and corresponding The Agency has reviewed E.O. 13211 IV(B)(3), in the 2009 CDNST final directives at FSM 2350 in light of on actions concerning regulations that Comprehensive Plan: the Regulatory Flexibility Act (5 U.S.C. significantly affect the energy supply Do not acquire any non-federal land or 602 et seq.). The final amendments and and has determined that the final interest in land for the CDNST without the directives will not have any effect on amendments to the 1985 CDNST owner’s consent. Do not acquire in fee title small entities as defined by the Comprehensive Plan and corresponding more than an average of one quarter mile on Regulatory Flexibility Act. The final final directives at FSM 2350 will not either side of the CDNST. amendments and directives will not constitute a significant energy action as 3. Visual Resource Management. The directly affect small businesses, small defined in the E.O. Agency is adding the following

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statements under ‘‘Visual Resource consistent with the applicable land 8. Inconsistencies. To the extent there Management,’’ Chapter IV(B)(4), in the management plan and: is any inconsistency between the 2009 CDNST Comprehensive Plan: a. Is necessary to meet emergencies; foregoing revisions and any other b. Is necessary to enable adjacent provisions in the 1985 CDNST Scenery along the CDNST may be managed landowners or those with valid outstanding using the Scenery Management System (FSM rights to have reasonable access to their lands Comprehensive Plan, the foregoing 2382.1; Landscape Aesthetics: A Handbook or rights; revisions control. for Scenery Management, Agricultural c. Is for the purpose of allowing private 5. Final Amendments to FSM 2350 Handbook 701, 1995, http://www.fs.fed.us/ landowners who have agreed to include their cdt). The CDNST is a concern level 1 route, lands in the CDNST by cooperative The final directives implementing the with a scenic integrity objective of high or agreement to use or cross those lands or amendments to the 1985 CDNST very high, depending on the trail segment. adjacent lands from time to time in Comprehensive Plan as applied to accordance with Federal regulations; 4. Recreation Resource Management. National Forest System lands are posted d. Is on a motor vehicle route that crosses at http://www.fs.fed.us/cdt. The FSM The Agency is removing the following the CDNST, as long as that use will not statement from pages 51–52 in the 1985 substantially interfere with the nature and can be found on the Internet at http:// CDNST Comprehensive Plan: purposes of the CDNST; www.fs.fed.us/im/directives/fsm/2300/ e. Is designated in accordance with 36 CFR 2350.doc. The final directives add a Each agency will manage the CDNST in Part 212, Subpart B, on National Forest reference to the CDNST Comprehensive accordance with the recreation management System lands or is allowed on public lands Plan as an authority in FSM 2353.01d; objectives and prescriptions set forth in their and: add administration of the CDNST as a respective land and resource management (1) The vehicle class and width were plans for the specific management area responsibility of forest and grassland allowed on that segment of the CDNST prior supervisors in FSM 2353.04i, para. 13; through which the trail passes. to November 10, 1978, and the use will not substantially interfere with the nature and add the nature and purposes of the The Agency is adding the following CDNST in FSM 2353.42; and add statements under ‘‘Recreation Resource purposes of the CDNST or (2) That segment of the CDNST was detailed direction in FSM 2353.44b Management Along the CDNST,’’ constructed as a road prior to November 10, governing implementation of the Chapter IV(B)(5), in the 2009 CDNST 1978; or CDNST on National Forest System Comprehensive Plan: f. In the case of over-snow vehicles, is lands. Manage the CDNST to provide high-quality allowed in accordance with 36 CFR Part 212, Approved: September 24, 2009. scenic, primitive hiking and pack and saddle Subpart C, on National Forest System lands stock opportunities. Backpacking, nature or is allowed on public lands and the use Hank Kashdan, walking, day hiking, horseback riding, nature will not substantially interfere with the Associate Chief, Forest Service. nature and purposes of the CDNST. photography, mountain climbing, cross- [FR Doc. E9–23873 Filed 10–2–09; 8:45 am] country skiing, and snowshoeing are 6. Trail and Facility Standards. The BILLING CODE 3410–11–P compatible with the nature and purposes of Agency is removing the following the CDNST. Bicycle use may be allowed on statement from page 61 of the 1985 the CDNST (16 U.S.C. 1246(c)) if the use is CDNST Comprehensive Plan: DEPARTMENT OF AGRICULTURE consistent with the applicable land and resource management plan and will not In keeping with the National Scenic Trails concept, the trail should be regarded as a Natural Resources Conservation substantially interfere with the nature and Service purposes of the CDNST. simple facility for the hiker and horseman, and where already existing and appropriate, Use the Recreation Opportunity Spectrum Fredonia Flood Retarding Structure (ROS) in delineating and integrating for trail bikers and recreational four-wheel recreation opportunities in managing the drive use. Rehabilitation Project, Coconino County, AZ CDNST. Where possible, locate the CDNST in The Agency is adding the following primitive or semi-primitive non-motorized statement under ‘‘Trail and Facility AGENCY: Natural Resources ROS classes, provided that the CDNST may Standards,’’ Chapter IV(B)(8), in the Conservation Service. have to traverse intermittently through more 2009 CDNST Comprehensive Plan: developed ROS classes to provide for ACTION: Notice of a Finding of No continuous travel between the Montana- Any development of and associated Significant Impact. Canada and New-Mexico-Mexico borders. facilities for the CDNST should be minimal Locate a CDNST segment on a road only and appropriate for hiker/pedestrian and SUMMARY: Pursuant to Section 102(2)(C) where it is primitive and offers recreational pack and saddle stock use. of the National Environmental Policy opportunities comparable to those provided 7. Carrying Capacity. The Agency is Act of 1969; the Council on by a trail with a Designed Use of Pack and removing the definition of ‘‘carrying Environmental Quality Regulations (40 Saddle Stock, provided that the CDNST may capacity’’ from page E–4 and the CFR part 1500); and the Natural have to be located on or across motorized Resources Conservation Service (NRCS) routes because of the inability to locate the following statement from page 69 of the 1985 CDNST Comprehensive Plan: Regulations (7 CFR part 650); the trail elsewhere. Natural Resources Conservation Service, 5. Motor Vehicle Use (16 U.S.C. Forest Service and BLM managers will use U.S. Department of Agriculture, gives the carrying capacity guidelines respectively, 1244(a)(5) and 1246(c); 36 CFR Part 212, developed for each Recreation Opportunity notice that an environmental impact Subpart B). The Agency is removing in Spectrum class through with the CDNST statement is not being prepared for the its entirety the direction on motor passes. Fredonia Flood Retarding Structure vehicle use in Chapter IV(B)(6), pages The Agency is adding the following (FRS) Rehabilitation Project, Coconino 55–58, of the 1985 CDNST statements under ‘‘Carrying Capacity,’’ County, Arizona. Comprehensive Plan. Chapter IV(B)(9), in the 2009 CDNST FOR FURTHER INFORMATION CONTACT: The Agency is adding the following Comprehensive Plan: David L. McKay, State Conservationist, direction under ‘‘Motor Vehicle Use on USDA–NRCS, 230 North First Avenue, the CDNST,’’ Chapter IV(B)(6), in the Establish a carrying capacity for the Suite 509, Phoenix, Arizona 85003, 2009 CDNST Comprehensive Plan: CDNST that accommodates its nature and purposes. The Limits of Acceptable Change telephone: (602) 280–8801. Motor vehicle use by the general public is or a similar system may be used for this SUPPLEMENTARY INFORMATION: The prohibited on the CDNST, unless that use is purpose. environmental assessment of this

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federally assisted action indicates that of January 7, 2010 for Value-Added Burden Hours: 27. the project will not cause significant Producer Grants. Due to the delay in Needs and Uses: Consistent with the local, regional, or national impacts on publication of the NOFA in the Federal support for research and education the environment. Based on evidence Register, this award date does not allow under the National Marine Sanctuaries presented, David L. McKay, State sufficient time for scoring and Act (16 U.S.C. 32 1440) and other Conservationist, has determined that the processing applications. Therefore the coastal and marine protection preparation and review of an anticipated award date is May 3, 2010. legislation, National Oceanic and environmental impact statement are not In addition, the delay was not Atmospheric Administration (NOAA) needed for this project. reflected in dates for grant period provides educators an opportunity to The project proposes to eligibility for which the NOFA gain first-hand experience with field decommission the Fredonia FRS by incorrectly stated ‘‘Projects cannot begin research activities through the Teacher- converting the dam to a levee/floodway earlier than March 1, 2010 and cannot at-Sea Program. Through this program, and directing flows north to a floodway end later than February 28, 2013. educators spend up to 3 weeks at sea on discharging to Kanab Creek. This will Applications that request funds for a a NOAA research vessel, participating meet the project purpose of providing time period beginning prior to March 1, in an on-going research project with for continued 100-year flood protection 2010 and/or ending after February 28, NOAA scientists. The Teacher-at-Sea for the Town of Fredonia, Arizona, and 2013 will be considered ineligible, as Program would like to survey the surrounding areas. will applications that exceed a teacher participants on their experience The Notice of a Finding of No maximum 36 months in length. before, during, and after they return Significant Impact (FONSI) has been Applicants may propose a start date from sea, in order to collect program forwarded to the Environmental falling any time during March 1, 2010 evaluation data and improve program Protection Agency and to various through September 30, 2010.’’ operations. Federal, State, and local agencies and Therefore, the corrected grant period Affected Public: Individuals or interested parties. Copies of the FONSI times are as follows. Projects cannot households. are available to fill single copy requests begin earlier than June 1, 2010 and Frequency: Semi-annually. at the above address. Basic data cannot end later than November 30, Respondent’s Obligation: Voluntary. developed during the environmental 2013. Applications that request funds OMB Desk Officer: David Rostker, assessment are on file and may be for a time period beginning prior to June (202) 395–3897. Copies of the above information reviewed by contacting Don Paulus, 1, 2010 and/or ending after November collection proposal can be obtained by Assistant State Conservationist for 30, 2013 will be considered ineligible, calling or writing Diana Hynek, Programs, at the above address. as will applications that exceed a No administrative action on maximum of 36 months in length. Departmental Paperwork Clearance implementation of the proposal will be Applicants may propose a start date Officer, (202) 482–0266, Department of taken until 30 days after the date of this falling any time during June 1, 2010 Commerce, Room 7845, 14th and publication in the Federal Register. through November 30, 2010. Finally, the Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at (This activity is listed in the Catalog of deadline for submission of applications to State Offices for a preliminary review [email protected]). Federal Domestic Assistance under No. Written comments and is revised from October 1, 2009 to 10.904, Watershed Protection and Flood recommendations for the proposed Prevention, and is subject to the provisions November 2, 2009. information collection should be sent of Executive Order 12372, which requires Dated: September 11, 2009. intergovernmental consultation with State within 30 days of publication of this and local officials.) Judith A. Canales, notice to David Rostker, OMB Desk Administrator, Rural Business—Cooperative Officer, FAX number (202) 395–7285, or Dated: September 28, 2009. Service. [email protected]. David L. McKay, [FR Doc. E9–23939 Filed 10–2–09; 8:45 am] Dated: September 29, 2009. State Conservationist. BILLING CODE 3410–XY–P Gwellnar Banks, [FR Doc. E9–23890 Filed 10–2–09; 8:45 am] Management Analyst, Office of the Chief BILLING CODE 3410–16–P Information Officer. DEPARTMENT OF COMMERCE [FR Doc. E9–23848 Filed 10–2–09; 8:45 am] DEPARTMENT OF AGRICULTURE Submission for OMB Review; BILLING CODE 3510–22–P Comment Request Rural Business—Cooperative Service The Department of Commerce will DEPARTMENT OF COMMERCE Inviting Applications for Value-Added submit to the Office of Management and Producer Grants Budget (OMB) for clearance the National Oceanic and Atmospheric following proposal for collection of Administration AGENCY: Rural Business—Cooperative information under the provisions of the Service, USDA. RIN 0648–XR75 Paperwork Reduction Act (44 U.S.C. ACTION: Notice to correct dates. Chapter 35). Fisheries of the Northeastern United States; Essential Fish Habitat (EFH) SUMMARY: The Rural Business— Agency: National Oceanic and Cooperative Service (RBS) announces Atmospheric Administration (NOAA). Components of Fishery Management Title: NOAA Teacher-At-Sea Alumni corrections for anticipated award date Plans (Northeast Multispecies, Atlantic Survey. and eligible grant period dates for the Sea Scallop, Monkfish, Atlantic OMB Control Number: None. Value-Added Producer Grant. Herring, Skates, Atlantic Salmon, and Form Number(s): NA. Atlantic Deep-Sea Red Crab) 5–year SUPPLEMENTARY INFORMATON: RBS Type of Request: Regular submission. Review published a Notice of Funds Number of Respondents: 54. Availability (NOFA) on September 1, Average Hours per Response: 30 AGENCY: National Marine Fisheries 2009 stating an anticipated award date minutes. Service (NMFS), National Oceanic and

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Atmospheric Administration (NOAA), the interested public of the Council’s on by the Council during Phase 1 would Commerce. intent to revise the two-phased have been subject to revision until ACTION: Supplemental notice of intent approach for the EIS associated with the completion of the final EIS. Since the (NOI) to prepare an environmental Omnibus EFH Amendment, as proposed phased approach was proposed, the impact statement (EIS). in the supplemental NOI dated Phase 1 alternatives were developed and September 9, 2005 (70 FR 53636). A analyzed, and a notice of availability for SUMMARY: The New England Fishery complete description of the background the Phase 1 DEIS was published in the Management Council (Council) is in the and need for the Omnibus Amendment Federal Register on April 6, 2007 (72 FR process of preparing a programmatic can be found in the original NOI dated 17157). Public comments were accepted Environmental Impact Statement (EIS) February 24, 2004, (69 FR 8367) and is through May 21, 2007; however, a FEIS and Omnibus Amendment to the fishery not repeated here. This two-phased for Phase 1 has not been completed. management plans (FMPs) for Northeast approach called for the completion of a Work to complete Phase 2 is ongoing. multispecies, Atlantic sea scallop, final EIS for the topics included in The purpose of this NOI is to inform monkfish, Atlantic herring, skates, Phase 1, followed by the preparation of Atlantic salmon, and Atlantic deep-sea a draft Phase 2 EIS, and the merger of the interested public that the Council red crab. This NOI proposes that the the two documents into a single final has determined that preparing a FEIS for Council will prepare one final EIS that EIS, with sequential public review and Phase 1 is not practicable. Instead, the incorporates all topics considered in the comment, first on Phase 1, and then on Council will wait until work on Phase development of the Omnibus Phases 1 and 2 combined. A notice of 2 topics is finished and then prepare a Amendment, rather than preparing a availability for the Phase 1 Draft EIS single DEIS incorporating Phases 1 and final Phase 1 EIS prior to completing (DEIS) was published on April 6, 2007 2. The elimination of this step in the work on Phase 2 topics. During this (72 FR 17157). process will give the Council additional scoping period, the Council is seeking As indicated in the September 9, time to complete the large number of comments on its intent to not complete 2005, NOI, the Council intended to proposed EFH maps for the numerous a Phase 1 Final EIS (FEIS), as well as complete the EFH Omnibus species and life stages included in the comments on any new scientific Amendment in two phases with one amendment. It will also allow for a more information identified since the 2004 accompanying EIS. Phase 1 was to have coordinated and comprehensive scoping period that is pertinent to the included a review and update of EFH modification of the contents of Phases 1 development of the Omnibus designations, consideration of habitat and 2 so that they are more effectively Amendment. areas of particular concern (HAPC), an integrated in the FEIS. In particular, DATES: Written comments must be updated prey species list, an update of proposed HAPC designations developed received on or before 5 pm EST, non-fishing impacts, and an update of in Phase 1 could be modified to November 4, 2009. research and information needs. Phase 2 accommodate recent changes in the ADDRESSES: You may submit comments was to have included an evaluation of Council’s discretionary authority to by any of the following methods: the effects of fishing on EFH, and protect deep-sea corals from physical • E-mail: [email protected]. management measures to minimize the damage caused by fishing gear, as • Mail: Paul J. Howard, Executive adverse effects of fishing on EFH across authorized in the Magnuson-Stevens Director, New England Fishery all FMPs. The process called for Fishery Conservation and Management Management Council, 50 Water Street, developing the two phases sequentially, Act section 303(b)(2)(B). Alternatives Newburyport, MA 01950. with submission of draft and final EIS pertaining to Phases 1 and 2 will be • Fax: (978) 465–3116. documents for Phase 1 prior to distinct in the combined DEIS, FOR FURTHER INFORMATION CONTACT: Paul completion of Phase 2. Upon consistent with the approach proposed J. Howard, Executive Director, New completion of Phase 2, a single EIS in 2005. Following public comment, the England Fishery Management Council document incorporating both phases Council will select final alternatives and (978) 465–0492. would then have been voted on by the then prepare and submit a final EIS. The SUPPLEMENTARY INFORMATION: The Council and made available for public proposed sequence of events is purpose of this notification is to alert comment. Any final alternatives voted described in Table 1.

TABLE 1. MILESTONES OF PHASED EFH OMNIBUS AMENDMENT 2

Step Event/Milestone Status

1 Council files modified Notice of Intent to explain the phased approach to the public. Filed September 9, 2005

2 Council considers topics outlined in Phase 1 and develops a range of alternatives. Completed

3 Council prepares DEIS that includes components of Phase 1. Completed

4 Public Hearings/Public Comment Period on Phase 1 DEIS. Completed

5 Council considers public comments and makes decisions on Phase 1 topics. Considered at June and September 2007 Council meetings

6 Council considers topics outlined in Phase 2 and develops a range of alternatives. In progress

7 Council prepares DEIS that includes components of Phase 2. In progress

8 Public Hearings/Public Comment Period on combined Phase 1/Phase 2 DEIS. To be completed

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TABLE 1. MILESTONES OF PHASED EFH OMNIBUS AMENDMENT 2—Continued

Step Event/Milestone Status

9 Council considers public comments and makes final decisions on Phase 1 and Phase 2 To be completed topics.

10 Council prepares and submits merged document to NMFS as a final, complete EIS/Mag- To be completed nuson Act FMP Amendment document.

11 NMFS reviews EIS and issues a record of decision. To be completed

Authority: 16 U.S.C. 1801 et seq. DELAWARE RIVER BASIN southeastern Pennsylvania Ground Dated: September 29, 2009. COMMISSION Water Protected Area. 3. Nestle Purina PetCare Company, D– Emily H. Menashes, Notice of Commission Meeting and 1984–002–4. An application for the Acting Director, Office of Sustainable Public Hearing renewal of a groundwater withdrawal Fisheries, National Marine Fisheries Service. project to continue the withdrawal of [FR Doc. E9–23954 Filed 10–2–09; 8:45 am] Notice is hereby given that the Delaware River Basin Commission will 25.92 mg/30 days to supply the BILLING CODE 3510–22–S hold an informal conference followed applicant’s industrial processes from by a public hearing on Thursday, existing Wells Nos. 2, 4, 5, and 6, completed in the Beekmantown DEPARTMENT OF COMMERCE October 22, 2009. The hearing will be part of the Commission’s regular Formation Aquifer. The project is located in the Jordon Creek Watershed Foreign–Trade Zones Board business meeting. The conference session and business meeting both are in South Whitehall Township, Lehigh open to the public and will be held at County, Pennsylvania and within the [Docket 20–2009 and 22–2009] the Commission’s office building, drainage area to the section of the non- tidal Delaware River known as the Foreign–Trade Zones 29 and 203 located at 25 State Police Drive, West Trenton, New Jersey. Lower Delaware, which is designated as The conference among the Special Protection Waters. Applications for Subzone Authority commissioners and staff will begin at 4. Leidy’s, Inc., D–1993–021–2. An 10:45 a.m. and will consist of an update application for the renewal of a Dow Corning Corporation and REC on implementation of the 2004 Water groundwater withdrawal project with an Silicon Resources Plan for the Delaware River expired DRBC docket, to continue a Basin (the ‘‘Basin Plan’’); withdrawal of up to 3.45 mg/30 days to Extension of Comment Period recommendations of the Flood Advisory supply the applicant’s industrial Committee (FAC) on floodplain manufacturing processes from existing The comment period for the management; and a presentation by a Wells Nos. PW–1, PW–2, and PW–3 in applications for subzone status at the Decree Party representative on New the Brunswick and Lockatong Dow Corning Corporation (Dow York City’s planned temporary tunnel Formations. The project is located in the Corning) facilities in Carrollton, shutdown. Skippack Creek Watershed in Souderton Elizabethtown and Shepherdsville, The subjects of the public hearing to Borough, Montgomery County, Kentucky (74 FR 21621–21622, 5/8/09) be held during the 1:30 p.m. business Pennsylvania, and is located in the and at the REC Silicon facility in Moses meeting include the dockets listed southeastern Pennsylvania Ground Lake, Washington (74 FR 25488–25489, below: Water Protected Area. 5/28/09) is being extended to October 1. Knoll, Inc., D–1974–162–3. An 5. Deerwood Country Club, D–1994– 21, 2009 to allow interested parties application for the renewal of a 0.073 006–3. An application for renewal of a additional time in which to comment. mgd discharge of industrial waste and groundwater and surface water Rebuttal comments may be submitted non-contact cooling water from Knoll, withdrawal project to continue the during the subsequent 15-day period, Inc.’s industrial wastewater treatment withdrawal of 6.7 mg/30 days to supply until November 5, 2009. Submissions plant (IWTP). The project IWTP the irrigation system at the Deerwood (original and one electronic copy) shall discharges to the Perkiomen Creek, Country Club from existing Wells Nos. 1, and 2 and two (2) existing surface be addressed to the Board’s Executive which is a tributary of the Schuylkill water intakes. The project wells are Secretary at: Foreign–Trade Zones River. The project IWTP is located in Upper Hanover Township, Montgomery located in the Englishtown Formation, Board, U.S. Department of Commerce, County, Pennsylvania. and all wells and intakes are located in Room 2111, 1401 Constitution Ave. NW, 2. Doylestown Borough, D–1979–018 the Assiscunk Creek Watershed in Washington, DC 20230. CP–4. An application for the renewal of Westhampton Township, Burlington For further information, contact a groundwater withdrawal project with County, New Jersey, in New Jersey Elizabeth Whiteman at an expired DRBC docket, to continue a Critical Water Supply Area 2. [email protected] or withdrawal of up to 50.6 mg/30 days to 6. Upper Hanover Authority, D–2004– (202) 482–0473. supply the applicant’s public water 017 CP–2. An application to approve the Dated: September 28, 2009. supply system from existing Wells Nos. renewal of the Upper Hanover Authority 7, 8, 9, 10, 11, and 12 in the Stockton Perkiomen WWTP. The WWTP will Andrew McGilvray, Formation. The project is located in the continue to discharge 0.098 mgd of Executive Secretary. Neshaminy Creek Watershed in the treated sewage effluent to Perkiomen [FR Doc. E9–23941 Filed 10–2–09; 8:45 am] Borough of Doylestown, Bucks County, Creek, a tributary of the Schuylkill BILLING CODE 3510–DS–S Pennsylvania, and is located in the River. The facility is located in Upper

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Hanover Township, Montgomery leachate treatment plant (LTP) from 0.08 and appurtenant facilities are located County, Pennsylvania. million gallons per day (mgd) to 0.115 adjacent to an UNT to the South Branch 7. City of Bethlehem, D–1971–078 CP– mgd. Modifications include a clarifier, Rancocas Creek near River Mile 111.06– 2. An application to update the docket new ozone system, additional blowers, 15.41–8.65–0.36 (Delaware River— for the City of Bethlehem’s wastewater new pumps, and new boilers to ensure Rancocas Creek—South Branch treatment plant (WWTP) to reflect an treatment process comply with permit Rancocas Creek—UNT). The facilities increase in the hydraulic design limitations such as color, ammonia, and are located along Tomlinson Mill- capacity of the WWTP from 15.5 mgd to total dissolved solids (TDS). The LTP Taunton Road, in Evesham Township, 20 mgd. The expansion occurred in treats leachate from the Rolling Hills Burlington County, New Jersey. 1995 without DRBC approval. The landfill and discharges to the 14. Borough of Woodstown, D–1999– WWTP will continue to discharge Manatawny Creek at River Mile 92.47– 004 CP–2. An application for approval primarily to the Lehigh River at River 54.15–12.2 (Delaware River—Schuylkill of a groundwater withdrawal project to Mile 183.66–9.51 (Delaware River— River—Manatawny Creek) through a supply up to 13 mg/30 days of water to Lehigh River). Additionally, the old diffused outfall. The project LTP is the applicant’s public supply discharge outfall (Outfall 006 now acts located in Earl Township, Berks County, distribution system from new Well No. as an emergency outfall and is located Pennsylvania. 6 and to increase the existing at River Mile 183.66–9.5–0.3 (Delaware 11. Baer Aggregates, Inc., D–1990– withdrawal from all wells from 18.1 mg/ River—Lehigh River—Saucon Creek). 018–3. An application for the 30 days to 18.843 mg/30 days. The The project WWTP is located within the modification of an existing groundwater project is located in the Salem River and drainage area to the portion of the non- withdrawal project to include the Oldmans Creek watersheds in tidal Delaware River known as the addition of a surface water withdrawal Woodstown Borough, Salem County, Lower Delaware, which is designated as from a groundwater-fed dewatering pit. New Jersey. Special Protection Waters, in The project proposes to continue 15. Quakertown Borough, D–2000–064 Bethlehem, Northampton County, withdrawal of 38.0 mg/30 days to CP–2. The purpose of this project is to Pennsylvania. supply the applicant’s sand and gravel approve the addition of new Well No. 9 8. New Jersey American Water washing operations from existing Well to the docket holder’s distribution Company, D–1981–073 CP–4. An Nos. 1, 2, 3, and 4 and the proposed system and to continue to provide up to application for an existing groundwater dewatering pit. The project withdrawals 51.1 mg/30 days of water to the docket withdrawal project to continue the are located in the Kittatinny Formation holder’s distribution system. The withdrawal of 12.8 mg/30 days to in Pohatcong Township, Warren proposed total allocation of supply the applicant’s Homestead County, New Jersey. groundwater is not an increase in public water supply system from 12. Gloucester County Utilities allocation from the prior docket. New existing Wells Nos. 1 and 2 completed Authority, D–1990–074 CP–3. An Well No. 9 will replace existing Well in the Upper Potomac/Raritan/Magothy application for the continued approval No. 7 due to declining production rates. Aquifer. The project is located in the of a 27 mgd discharge of treated The docket holder will retain Well No. Assiscunk Creek Watershed in wastewater from the Gloucester County 7 as a back-up source of water. The Mansfield Township, Burlington Utilities Authority (GCUA) WWTP. On project is located in the Brunswick County, New Jersey and is located in the May 6, 2009, the DRBC approved Docket Formation in the Tohickon Creek New Jersey Critical Water Supply Area No. D–2008–27–1 for the West Deptford Watershed in Quakertown Borough, 2. Energy Station (WDES). WDES was Bucks County, Pennsylvania and is 9. Stroudsburg Borough, D–1986–011 approved to withdraw up to 7.5 mgd of located in the southeastern CP–2. An application for the approval of GCUA’s effluent for cooling water Pennsylvania Ground Water Protected an expansion to the existing purposes and to discharge Area. This withdrawal project is located Stroudsburg Borough WWTP. The approximately 2.0 mgd of contact within the drainage area to the section applicant proposes to expand the cooling water (CCW) back into GCUA’s of the non-tidal Delaware River known WWTP by adding a sequencing batch effluent stream. As a result of the WDES as the Lower Delaware, which is reactor (SBR) system, along with new approval, a TDS and thermal mixing classified as Special Protection Waters. headworks, equalization tanks, tertiary zone are required for the GCUA 16. Penn Estates Utilities, Inc., D– cloth media filters, UV disinfection, and discharge (Outfall No. DSN001A). This 2003–036 CP–2. An application for a new outfall. The 2.5 mgd WWTP will application includes a thermal mixing approval of a groundwater withdrawal be expanded to treat an average annual zone of 164 feet and a TDS mixing zone project to supply up to 1.296 mg/30 daily flow rate of 4.5 mgd. The WWTP of 105 feet, both applicable to Outfall days of water to the applicant’s public will continue to discharge to No. DSN001A. The project WWTP is water supply system from new Well No. McMichael’s Creek. McMichael’s Creek located in Water Quality Zone 4 at River 8 and to increase the existing is a tributary to the Brodhead Creek, and Mile 89.7 (Delaware River), in West withdrawal from all wells from 10.80 the project WWTP is located within the Deptford Township, Gloucester County, mg/30 days to 12.025 mg/30 days. The drainage area to the section of the non- New Jersey. increased allocation is requested in tidal Delaware River known as the 13. Evesham Municipal Utilities order to meet current needs in service Middle Delaware, which is classified as Authority, D–1991–015 CP–3. An area demand. The project is located in Special Protection Waters. The facility application for approval to construct the Trimmers Rock Formation in the is located in the Borough of three new infiltration basins and the Brodhead Creek Watershed in Stroud Stroudsburg, Monroe County, related force main required for Township, Monroe County, Pennsylvania. conveyance. Docket No. D–1991–015 Pennsylvania. The site is located within 10. Delaware County Solid Waste CP–2 approved the discharge of treated the drainage area to the section of the Authority, D–1989–018 CP–4. An effluent to two infiltration basins and a non-tidal Delaware River known as the application for the approval of the spray field for the Kings Grant WWTP. Middle Delaware, which is designated modification and expansion of the The three new infiltration basins will as Special Protection Waters. Delaware County Solid Waste replace the spray field component of the 17. City of Bordentown, D–2004–011 Authority’s (DCSWA) Rolling Hills treatment process. The project WWTP CP–2. An application for the renewal of

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a groundwater withdrawal project to new 24,000 gallons per day (gpd) is located on an UNT of Beaver Run, increase withdrawal from 96 mg/30 Heiden Road WWTP. The WWTP will which is a tributary to the Lower days to 118 mg/30 days to supply the discharge to Sheldrake Stream, a Class Delaware Special Protection Water Area, applicant’s public water supply system B tributary that flows into the Neversink and has been classified as Significant from existing Well Nos. 1, 2, 3, and 4 River, a tributary to the section of the Resource Waters. The facility is located completed in the Potomac/Raritan/ non-tidal Delaware River known as the in Quakertown Borough, Bucks County, Magothy Aquifer. The increased Upper Delaware, which is designated as Pennsylvania. allocation is requested in order to meet Special Protection Waters. The project is 25. Fleischmanns Village, D–2009– projected increases in service area located in the Town of Thompson, 008 CP–1. An application for approval demand. The project is located in the Sullivan County, New York. of a groundwater withdrawal project to Crosswicks Creek Watershed in 22. CBH20, LP, D–2008–026–1. An supply up to 9.75 mg/30 days of water Hamilton Township, Mercer County, application for approval of a to the applicant’s public water supply New Jersey. groundwater withdrawal project to from existing Wells Nos. 2 and 4, new 18. U.S. Army Corps of Engineers supply up to 5.71 mg/30 days of water Well No. 5, rehabilitated existing Well (USACE), D–2005–32 CP–2. An to the applicant’s public water supply No. 3, and existing spring-fed surface application for approval to modify the system from existing Well No. PWS–4 water source (Spring Nos. 3, 4, and 5). existing spillway of the Prompton Dam. and new Wells Nos. PWS–2 and PWS– The allocation is requested in order to The project proposes to extend the 3. The project is located in the meet existing and projected demands in existing 85-foot long spillway to Devonian-age, Long Run Member of the the project service area. The project approximately 130 feet. The project also Catskill Formation in the Pocono Creek wells are located in the Lower Walter includes the construction of a soil Watershed in Pocono Township, Formation, and all water sources are retention wall and other improvements Monroe County, Pennsylvania. The site located in the Bush Kill Watershed in to the spillway, as well as a new is located within the drainage area to the Village of Fleischmanns, Delaware operations building and access bridge. the section of the non-tidal Delaware County, New York. The site is located The Prompton Dam is a flood control River known as the Middle Delaware, within the drainage area of the section structure located on the West Branch which is designated as Special of the non-tidal Delaware River known Lackawaxen River in Prompton Protection Waters. as the Upper Delaware, which is Borough, Wayne County, Pennsylvania. 23. Yukiguni Maitake Manufacturing designated as Special Protection Waters. The dam is located within the drainage Corporation of America, D–2008–035–1. 26. National Gypsum Company, D– area to the section of the non-tidal An application for approval of the 2009–009–1. An application for Delaware River known as the Upper construction of the Yukiguni Maitake approval of a groundwater withdrawal Delaware which is classified as Special Mushroom growing facility [pilot project to supply up to 5.27 mg/30 days Protection Waters. mushroom growing facility (1-story, of water to the applicant’s existing 19. Ruscombmanor Township, D– 44,100 square foot building)], with three industrial processes from existing Well 2007–034 CP–2. An application to land discharges. The first and second No. 2 and replacement Well No. 1R and modify the hydraulic design capacity of discharges are to a three-bay infiltration to limit the existing withdrawal from the Golden Oaks WWTP. On March 11, basin system. The third is a leach field each well to 2.635 mg/30 days. The 2009 the Commission approved Docket discharge from an on-site septic tank. applicant has not previously applied for No. D–2007–34 CP–1 providing for an The three-bay infiltration basin system a docket for its existing industrial expansion of the Golden Oaks WWTP will accept up to 55,000 gpd, 51,000 gpd process. The project is located in the from 0.025 mgd to 0.075 mgd. However, of which will be from the geothermal Raritan Aquifer in the Delaware River due to funding constraints, the system (Outfall No. 005) and the Watershed in the City of Burlington, expansion is being curtailed to 0.05 remaining 4,000 gpd will be from Burlington County, New Jersey. mgd. The WWTP is located in the process water (Outfall No. 002). The 27. DMV International, D–2009–011– Schuylkill River Watershed at River leach field will discharge up to 1,000 1. An application for approval of an Mile 92.47–54.15–16.75–1.03–3.63–2.17 gpd of sanitary wastewater (Outfall No. existing 0.72 mgd discharge of NCCW (Delaware River—Schuylkill River— 001) from the on-site septic tank. The from Outfall No. 001 to the West Branch Manatawny Creek—Little Manatawny project is located in the Basher Kill Delaware River. Outfall No. 001 is Creek—Furnace Creek—UNT) in Watershed in Mamakating Township, located at River Mile 330.70–52.93 Ruscombmanor Township, Berks Sullivan County, New York, within the (Delaware River—West Branch County, Pennsylvania. drainage area to the section of the non- Delaware River) within the drainage 20. Yukiguni Maitake Manufacturing tidal Delaware River known as the area of the section of the non-tidal Corporation of America, D–2003–026–1. Upper Delaware, which is designated as Delaware River known as the Upper An application for approval of a Special Protection Waters. Delaware, which is designated as groundwater withdrawal project to 24. FiberMark, Inc., D–2009–005–1. Special Protection Waters.. The facility supply up to 13.14 mg/30 days of water An application for the approval of an is located in the Town of Delhi, to the applicant’s mushroom facility existing 0.09 mgd discharge of non- Delaware County, New York. from new Well No. 001. The project is contact cooling water (NCCW). The 28. Essroc Cement Corporation, D– located in the Lower Devonian and facility discharges NCCW to an injection 2009–016–1. An application for Sulurian Formations in the Basher Kill well in accordance with Docket No. D– approval of an existing NCCW discharge Watershed in Mamakating Township, 82–31 Renewal 3. The surface discharge of 0.264 mgd from the Essroc Cement Sullivan County, New York. The site is related to this application is to be used Corporation Portland Cement located within the drainage area to the only during the emergency conditions manufacturing facility. The section of the non-tidal Delaware River also described in Docket No. D 82–31 manufacturing facility is located in the known as the Upper Delaware, which is Renewal 3. The project will continue to Lower Special Protection Waters designated as Special Protection Waters. discharge to River Mile 157.00–11.75– drainage area and discharges to an UNT 21. Gemstar Development 11.68–0.86 (Delaware River—Tohickon of Shoeneck Creek that PADEP has Corporation, D–2008–018–1. An Creek—Beaver Run—Unnamed classified as a Warm Water Fishery. It is application for approval to construct the Tributary (UNT)). The NCCW discharge located at River Mile 184.03–5.85–4.1–

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0.15 (Delaware River—Bushkill Creek— Dated: September 29, 2009. Dated: September 30, 2009. Shoeneck Creek—UNT) in Upper Pamela M. Bush, Angela C. Arrington, Nazareth Township, Northampton Commission Secretary. Director, Information Collection Clearance County, Pennsylvania. [FR Doc. E9–23920 Filed 10–2–09; 8:45 am] Division, Regulatory Information Management Services, Office of Management. The business meeting also will BILLING CODE 6360–01–P include adoption of the Minutes of the Federal Student Aid Commission’s July 15, 2009 business Type of Review: Extension. meeting; announcements of upcoming DEPARTMENT OF EDUCATION Title: Student Aid on the Web. DRBC advisory committee meetings and Frequency: Annually; Monthly; On other events relating to watershed Submission for OMB Review; Occasion. management in the basin; a report on Comment Request Affected Public: Individuals or hydrologic conditions; a report by the household; Federal Government; State, Executive Director; a report by the AGENCY: Department of Education. Local, or Tribal Gov’t, SEAs or LEAs. Commission’s General Counsel; and SUMMARY: The Director, Information Reporting and Recordkeeping Hour consideration by the Commission of Collection Clearance Division, Burden: resolutions to (a) approve the FY 2010– Regulatory Information Management Responses: 6,655,377. 2015 Water Resources Program; (b) Services, Office of Management invites Burden Hours: 245,198. authorize the Executive Director to enter comments on the submission for OMB Abstract: Federal Student Aid, an into contracts with consultants to review as required by the Paperwork office of the U.S. Department of upgrade the Commission’s Web site; (c) Reduction Act of 1995. Education, seeks renewal of the authorize the Executive Director to DATES: Interested persons are invited to registration system within the Student establish an integral part trust and adopt submit comments on or before Aid on the Web, an Internet Portal Web the ICMA Retirement Corporation’s November 4, 2009. site (hereafter ‘‘The Web Site’’). The VantageCare Retirement Health Savings Web site makes the college application ADDRESSES: Written comments should Employer Investment Program for process more efficient, faster, and be addressed to the Office of purposes of GASB 45 compliance; and accurate by making it an automated, Information and Regulatory Affairs, (d) amend the Commission’s Investment electronic process that targets financial Attention: Education Desk Officer, Policy Manual to provide guidelines for aid and college applications. The Web Office of Management and Budget, 725 site uses some personal contact the investment of assets placed in an 17th Street, NW., Room 10222, New information criteria to automatically fill integral part trust for purposes of GASB Executive Office Building, Washington, out the forms and surveys initiated by 45 compliance. An opportunity for DC 20503, be faxed to (202) 395–5806 or the user. The Web site also provides a public dialogue will be provided at the send e-mail to database of demographic information end of the meeting. [email protected]. that helps Federal Student Aid target Draft dockets scheduled for public SUPPLEMENTARY INFORMATION: Section the distribution of financial aid hearing on October 22, 2009 can be 3506 of the Paperwork Reduction Act of materials to specific groups of students accessed through the Notice of 1995 (44 U.S.C. Chapter 35) requires and/or parents. For example, studies Commission Meeting and Public that the Office of Management and have shown that providing student Hearing on the Commission’s Web site, Budget (OMB) provide interested financial assistance information to drbc.net, ten days prior to the meeting Federal agencies and the public an early middle school (or elementary school) date. Additional public records relating opportunity to comment on information students and/or their parents to the dockets may be examined at the collection requests. OMB may amend or dramatically increases the likelihood Commission’s offices. Please contact waive the requirement for public that those students will attend college. William Muszynski at 609–883–9500, consultation to the extent that public The demographic information from the extension 221, with any docket-related participation in the approval process Web site helps us to identify potential questions. would defeat the purpose of the customers in the middle school age Note that conference items are subject information collection, violate State or range. The FAFSA4caster Data Transfer to change and items scheduled for Federal law, or substantially interfere module has been added to the Web site hearing are occasionally postponed to with any agency’s ability to perform its since its last approval. As with the allow more time for the Commission to statutory obligations. The IC Clearance FAFSA Data Transfer module, data from consider them. Please check the Official, Regulatory Information the student’s MyFSA profile pre- Commission’s Web site, drbc.net, closer Management Services, Office of populates the FAFSA4caster— to the meeting for changes that may be Management, publishes that notice FAFSA4caster is the U.S. Department of made after the deadline for filing this containing proposed information Education’s financial aid estimator tool notice. collection requests prior to submission that determines what type of financial of these requests to OMB. Each aid the student is eligible to receive and Individuals in need of an proposed information collection, provides an estimated award amount for accommodation as provided for in the grouped by office, contains the each. The FAFSA4caster data transfer Americans with Disabilities Act who following: (1) Type of review requested, module uses current MyFSA profile wish to attend the informational e.g., new, revision, extension, existing information and, therefore, does not meeting, conference session or hearings or reinstatement; (2) Title; (3) Summary require the collection of additional data should contact the commission of the collection; (4) Description of the items. secretary directly at 609–883–9500 ext. need for, and proposed use of, the Requests for copies of the information 203 or through the Telecommunications information; (5) Respondents and collection submission for OMB review Relay Services (TRS) at 711, to discuss frequency of collection; and (6) may be accessed from http:// how the Commission can accommodate Reporting and/or Recordkeeping edicsweb.ed.gov, by selecting the your needs. burden. OMB invites public comment. ‘‘Browse Pending Collections’’ link and

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by clicking on link number 4097. When regulations for this program (34 CFR This priority is: you access the information collection, 662.21(d)). Research projects that focus on one of click on ‘‘Download Attachments ’’ to Absolute Priority: For FY 2010, this the following fields or topics: view. Written requests for information priority is an absolute priority. Under 34 Environmental Science, Ecology, should be addressed to U.S. Department CFR 75.105(c)(3) we consider only Climate Studies, Development Studies, of Education, 400 Maryland Avenue, applications that meet this priority. Economics, Public Health, Education, or SW., LBJ, Washington, DC 20202–4537. This priority is: Political Science. Requests may also be electronically A research project that focuses on one Program Authority: 22 U.S.C. mailed to the Internet address or more of the following geographic 2452(b)(6). [email protected] or faxed to 202– areas: Africa, East Asia, Southeast Asia Applicable Regulations: (a) The 401–0920. Please specify the complete and the Pacific Islands, South Asia, the Education Department General title of the information collection when Near East, East Central Europe and Administrative Regulations (EDGAR) in making your request. Eurasia, and the Western Hemisphere 34 CFR parts 74, 75, 77, 81, 82, 84, 85, Comments regarding burden and/or (excluding the United States and its 86, 97, 98, and 99. (b) The regulations the collection activity requirements territories). Please note that applications for this program in 34 CFR part 662. that propose projects focused on should be electronically mailed to Note: The regulations in 34 CFR part 86 [email protected]. Individuals who Western Europe are not eligible. Within this absolute priority, we give apply to institutions of higher education use a telecommunications device for the (IHEs) only. deaf (TDD) may call the Federal competitive preference to applications Information Relay Service (FIRS) at 1– that address the following priority. II. Award Information Competitive Preference Priority: For 800–877–8339. FY 2010, this priority is a competitive Type of Award: Discretionary grants [FR Doc. E9–23925 Filed 10–2–09; 8:45 am] preference priority. Under 34 CFR redistributed as fellowships to BILLING CODE 4000–01–P 75.105 (c)(2)(i) and 34 CFR individual beneficiaries. As part of its 662.21(d)(2)(iii), we award an additional FY 2010 budget request, the five (5) points to an application that Administration proposed to continue to DEPARTMENT OF EDUCATION meets this priority. allow funds to be used to support the This priority is: applications of individuals who plan Office of Postsecondary Education; A research project that focuses on any both to utilize their language skills in Fulbright-Hays Doctoral Dissertation of the seventy-eight (78) languages world areas vital to the United States Research Abroad (DDRA) Fellowship deemed critical on the U.S. Department national security and to apply their Program of Education’s list of Less Commonly language skills and knowledge of these Overview Information Taught Languages (LCTLs) found below. countries in the fields of government, This list includes the following: Akan international development, and the Fulbright-Hays Doctoral Dissertation (Twi-Fante), Albanian, Amharic, Arabic professions. Therefore, students Research Abroad (DDRA) Fellowship (all dialects), Armenian, Azeri planning to apply their language skills Program (Azerbaijani), Balochi, Bamanakan in such fields are eligible to apply for Notice inviting applications for new (Bamana, Bambara, Mandikan, this program, in addition to those awards for fiscal year (FY) 2010. Mandingo, Maninka, Dyula), Belarusian, planning teaching careers. However, Bengali (Bangla), Berber (all languages), Catalog of Federal Domestic authority to use funds in this manner Bosnian, Bulgarian, Burmese, Cebuano Assistance (CFDA) Number: 84.022A. depends on final Congressional action. (Visayan), Chechen, Chinese Dates: Applicants will be given an opportunity (Cantonese), Chinese (Gan), Chinese Applications Available: October 5, to amend their applications if such (Mandarin), Chinese (Min), Chinese 2009. authority is not provided. (Wu), Croatian, Dari, Dinka, Georgian, Estimated Available Funds: The Deadline for Transmittal of Gujarati, Hausa, Hebrew (Modern), Applications: December 1, 2009. Administration has requested Hindi, Igbo, Indonesian, Japanese, $14,709,000 for International Education Full Text of Announcement Javanese, Kannada, Kashmiri, Kazakh, and Foreign Language Studies Overseas Khmer (Cambodian), Kirghiz, Korean, I. Funding Opportunity Description Programs, of which we propose to Kurdish (Kurmanji), Kurdish (Sorani), allocate $5,690,000 for new awards for Purpose of Program: The Fulbright- Lao, Malay (Bahasa Melayu or this program for FY 2010. The actual Hays Doctoral Dissertation Research Malaysian), Malayalam, Marathi, level of funding, if any, depends on Abroad (DDRA) Fellowship Program Mongolian, Nepali, Oromo, Panjabi, final congressional action. However, we provides opportunities to doctoral Pashto, Persian (Farsi), Polish, are inviting applications to allow candidates to engage in full-time Portuguese (all varieties), Quechua, enough time to complete the grant dissertation research abroad in modern Romanian, Russian, Serbian, Sinhala process if Congress appropriates funds foreign languages and area studies. The (Sinhalese), Somali, Swahili, Tagalog, for this program. program is designed to contribute to the Tajik, Tamil, Telugu, Thai, Tibetan, Estimated Range of Fellowship development and improvement of the Tigrigna, Turkish, Turkmen, Ukrainian, Awards: $15,000–$60,000. study of modern foreign languages and Urdu, Uyghur/Uigur, Uzbek, Estimated Average Size of Fellowship area studies in the United States. Vietnamese, Wolof, Xhosa, Yoruba, and Awards: $40,000. Priorities: This notice contains one Zulu. Estimated Number of Fellowship absolute priority, one competitive Invitational Priority: For FY 2010, this Awards: 142. preference priority, and one invitational priority is an invitational priority. priority, which are explained in the Under 34 CFR 75.105(c)(1) we do not Note: The Department is not bound by any following paragraphs. In accordance give an application that meets the estimates in this notice. with 34 CFR 75.105(b)(2)(ii), the invitational priority a competitive or Project Period: The institutional absolute priority and the competitive absolute preference over other project period is 18 months beginning preference priority are from the applications. July 1, 2010. Students may request

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funding for a period of no less than six • Use one of the following fonts: a. Electronic Submission of months and nomore than twelve Times New Roman, Courier, Courier Applications. months. New, or Arial. An application submitted Applications for grants under the in any other font (including Times Fulbright-Hays Doctoral Dissertation III. Eligibility Information Roman or Arial Narrow) will not be Research Abroad Fellowship Program, 1. Eligible Applicants: IHEs. As part of accepted. CFDA number 84.022A, must be the application process, students submit The page limits only apply to the submitted electronically using e- individual applications to the IHE. The application narrative and bibliography. Application available through the IHE then officially submits all eligible The page limits do not apply to the Department’s e-Grants system, individual student applications with its Application for Federal Assistance face accessible through the e-Grants Web site grant application to the Department. sheet (SF 424); the supplemental at: http://e-grants.ed.gov. 2. Cost Sharing or Matching: This information form required by the We will reject an application if an IHE program does not require cost sharing or Department of Education; and the submits it in paper format unless, as matching. assurances and certification. However, described elsewhere in this section, the student applicants must include their IHE qualifies for one of the exceptions IV. Application and Submission to the electronic submission Information complete responses to the selection criteria in the application narrative. requirement and submits, no later than 1. Address to Request Application We will reject a student applicant’s two weeks before the application Package: Both IHEs and student application if the application exceeds deadline date, a written statement to the applicants can obtain an application the page limits. Department that the IHE qualifies for package via the internet by contacting 3. Submission Dates and Times: one of these exceptions. Further Carla White, International Education Applications Available: October 5, 2009. information regarding calculation of the Programs Service, U.S. Department of Deadline for Transmittal of date that is two weeks before the Education, 1990 K Street, NW., room application deadline date is provided Applications: December 1, 2009. 6000, Washington, DC 20006–8521. later in this section under Exception to Applications for grants under this Telephone: (202) 502–7700 or by e-mail: Electronic Submission Requirement. program must be submitted [email protected]. While completing the electronic electronically using the Electronic Grant If you use a telecommunications application, both the IHE and the Application site (e-Application) device for the deaf (TDD), call the student applicant will be entering data accessible through the Department’s e- Federal Relay Service (FRS), toll free, at online that will be saved into a Grants site. For information (including 1–800–877–8339. database. Neither the IHE nor the Individuals with disabilities can dates and times) about how to submit an student applicant may e-mail an obtain a copy of the application package IHE’s application electronically, or in electronic copy of a grant application to in an accessible format (e.g., braille, paper format by mail or hand delivery us. large print, audiotape, or computer if an IHE qualifies for an exception to Please note the following: diskette) by contacting the program the electronic submission requirement, • The process for submitting contact person listed in this section. please refer to section IV. 6. Other applications electronically under the 2. Content and Form of Application Submission Requirements in this notice. Fulbright-Hays Doctoral Dissertation Submission: Requirements concerning We do not consider an application Research Abroad Fellowship Program the content of an application, together that does not comply with the deadline has several parts. The following is a with the forms you must submit, are in requirements. brief summary of the process; however, the application package for this Individuals with disabilities who all applicants should review and follow program. need an accommodation or auxiliary aid the detailed description of the Page Limit: The application narrative in connection with the application application process that is contained in is where the student applicant addresses process should contact the person listed the application package. In summary, the selection criteria that reviewers use under For Further Information Contact the major parts are as follows: (1) IHEs to evaluate the application. The student in section VII in this notice. If the must e-mail the following information applicant must limit the application Department provides an accommodation to [email protected]: Name of university, and narrative to no more than 10 pages and or auxiliary aid to an individual with a full name and e-mail address of the bibliography to no more than two disability in connection with the potential project director. We pages, using the following standards: application process, the individual’s recommend that applicant IHEs submit • A ‘‘page’’ is 8.5″ x 11″, on one side application remains subject to all other this information as soon as possible to only, with 1″ margins at the top, bottom, requirements and limitations in this ensure that applicant IHEs obtain access and both sides. notice. to the e-Application system well before • Double space (no more than three 4. Intergovernmental Review: This the application deadline date. We lines per vertical inch) all text in the program is not subject to Executive suggest that applicant IHEs send this application narrative. However, student Order 12372 and the regulations in 34 information no later than two weeks applicants may single space all text in CFR part 79. prior to the closing date, in order to charts, tables, figures, graphs, titles, 5. Funding Restrictions: We reference facilitate timely submission of their headings, footnotes, endnotes, regulations outlining funding applications; (2) Students must quotations, bibliography, and captions. restrictions in the Applicable complete their individual applications • Use a font that is either 12 point or Regulations section of this notice. and submit them to their IHE’s project larger; or, no smaller than 10 pitch 6. Other Submission Requirements: director using e-Application; (3) Persons (characters per inch). Student applicants Applications for grants under this providing references for individual may use a 10 point font in charts, tables, program must be submitted students must complete and submit figures, graphs, footnotes, and endnotes. electronically unless an IHE qualifies for reference forms for the students and However, these items are considered an exception to this requirement in submit them to the IHE’s project part of the narrative and counted within accordance with the instructions in this director using e-Application; and (4) the 10 page limit. section. The IHE’s project director must

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officially submit the IHE’s application, • Both the IHE’s and the student We must acknowledge and confirm which must include all eligible applicant’s electronic application must these periods of unavailability before individual student applications, comply with any page limit granting the IHE an extension. To reference forms, and other required requirements described in this notice. request this extension or to confirm our forms, using e-Application. Student • Prior to submitting your electronic acknowledgement of any system transcripts, however, must be mailed or application, you may wish to print a unavailability, an IHE may contact hand delivered to the Department on or copy of it for your records. either (1) the person listed elsewhere in before the application deadline date • After the individual student this notice under For Further using the applicable mail or hand applicant electronically submits his or Information Contact (see section VII. delivery instructions for paper her application to the student’s IHE, the Agency Contact) or (2) the e-Grants help applications in this notice. student will receive an automatic desk at 1–888–336–8930. If e- • The IHE must complete the acknowledgment. In addition, the Application is unavailable due to electronic submission of the grant applicant IHE’s project director will technical problems with the system and, application by 4:30:00 p.m., receive a copy of this acknowledgment therefore, the application deadline is Washington, DC time, on the by e-mail. After a person submits a extended, an e-mail will be sent to all application deadline date. E- reference electronically, he or she will registered users who have initiated an e- Application will not accept an receive an online confirmation. After Application. Extensions referred to in application for this competition after the applicant IHE submits its this section apply only to the 4:30:00 p.m., Washington, DC time, on application, including all eligible unavailability of e-Application. the application deadline date. individual student applications, to the Exception to Electronic Submission Therefore, we strongly recommend that Department, the applicant IHE will Requirement: An IHE qualifies for an both the IHE and the student applicant receive an automatic acknowledgment, exception to the electronic submission not wait until the application deadline which will include a PR/Award Number requirement, and may submit its date to begin the application process. application in paper format, if the IHE • (an identifying number unique to the The regular hours of operation of IHE’s application). is unable to submit an application the e-Grants Web site are 6:00 a.m. • Within three working days after through e-Application because— Monday until 7:00 p.m. Wednesday; • submitting the IHE’s electronic The IHE or a student applicant does and 6:00 a.m. Thursday until 8:00 p.m. application, the IHE must fax a signed not have access to the Internet; or Sunday, Washington, DC time. Please • the IHE or a student applicant does copy of the SF 424 to the Application note that, because of maintenance, the not have the capacity to upload large Control Center after following these system is unavailable between 8:00 p.m. documents to e-Application; and steps: on Sundays and 6:00 a.m. on Mondays, • No later than two weeks before the (1) Print SF 424 from e-Application. and between 7:00 p.m. on Wednesdays application deadline date (14 calendar and 6:00 a.m. on Thursdays, (2) The applicant IHE’s Authorizing days; or, if the fourteenth calendar day Washington, DC time. Any Representative must sign this form. before the application deadline date modifications to these hours are posted (3) Place the PR/Award number in the falls on a Federal holiday, the next on the e-Grants Web site. upper right hand corner of the hard- business day following the Federal • Student applicants will not receive copy signature page of the SF 424. holiday), the IHE mails or faxes a additional point value because the (4) Fax the signed SF 424 to the written statement to the Department, student submits his or her application Application Control Center at (202) explaining which of the two grounds for in electronic format, nor will we 245–6272. • an exception prevents the IHE from penalize the IHE or student applicant if We may request that you provide us using the Internet to submit its the applicant qualifies for an exception original signatures on the SF 424 and application. If an IHE mails a written to the electronic submission other forms at a later date. Application statement to the Department, it must be requirement, as described elsewhere in Deadline Date Extension in Case of e- postmarked no later than two weeks this section, and submits an application Application Unavailability: If an IHE is before the application deadline date. If in paper format. prevented from electronically an IHE faxes its written statement to the • IHEs must submit all documents, submitting its application on the Department, we must receive the faxed except for student transcripts, application deadline date because e- statement no later than two weeks electronically, including the Application is unavailable, we will before the application deadline date. Application for Federal Assistance (SF grant the IHE an extension of one Address and mail or fax this 424), the Supplement to the SF 424, and business day to enable the IHE to statement to: Amy Wilson, U.S. all necessary assurances and transmit its application electronically, Department of Education, 1990 K Street, certifications. Both IHEs and student by mail, or by hand delivery. We will NW., Room 6082, Washington, DC applicants must attach any narrative grant this extension if— 20006–8521. FAX: (202) 502–7860. sections of the application as files in a (1) The IHE is a registered user of e- The IHE’s paper application must be .DOC (document), .RTF (rich text), or Application and the IHE has initiated an submitted in accordance with the mail .PDF (Portable Document) format. If an electronic application for this or hand delivery instructions described IHE or a student applicant uploads a file competition; and in this notice. type other than the three file types (2) (a) E-Application is unavailable b. Submission of Paper Applications specified in this paragraph or submits a for 60 minutes or more between the by Mail. password protected file, we will not hours of 8:30 a.m. and 3:30 p.m., If an IHE qualifies for an exception to review that material. Washington, DC time, on the the electronic submission requirement, • Student transcripts must be mailed application deadline date; or the IHE may mail (through the U.S. or hand delivered to the Department on (b) The e-Application system is Postal Service or a commercial carrier) or before the application deadline date unavailable for any period of time its application to the Department. The in accordance with the applicable mail between 3:30 p.m. and 4:30:00 p.m., IHE must mail the original and two or hand delivery instructions for paper Washington, DC time, on the copies of the application, on or before applications described in this notice. application deadline date. the application deadline date, to the

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Department at the following address: Application Control Center at (202) 245– extent to which the applicant’s U.S. Department of Education, 6288. academic record demonstrates strength Application Control Center, Attention: in area studies relevant to the proposed (CFDA Number 84.022A), LBJ Basement V. Application Review Information project (10 points); (3) The applicant’s Level 1, 400 Maryland Avenue, SW., 1. General: For FY 2010, student proficiency in one or more of the Washington, DC 20202–4260. applications are divided into seven languages (other than English and the The IHE must show proof of mailing categories based on the world area focus applicant’s native language) of the consisting of one of the following: of their research projects, as described country or countries of research, and the (1) A legibly dated U.S. Postal Service in the absolute priority listed in this specific measures to be taken to postmark. notice. Language and area studies overcome any anticipated language (2) A legible mail receipt with the experts in seven discrete world area- barriers (15 points); and (4) The date of mailing stamped by the U.S. based panels will review the student applicant’s ability to conduct research Postal Service. applications. Each panel reviews, in a foreign cultural context, as (3) A dated shipping label, invoice, or scores, and ranks its applications evidenced by the applicant’s references receipt from a commercial carrier. separately from the applications or previous overseas experience, or both (4) Any other proof of mailing assigned to the other world area panels. (5 points). However, all fellowship applications acceptable to the Secretary of the U.S. VI. Award Administration Information Department of Education. will be ranked together from the highest If the IHE mails its application to lowest score for funding purposes. 1. Award Notices: If a student through the U.S. Postal Service, we do 2. Selection Criteria: The selection application is successful, we notify the not accept either of the following as criteria for this competition are from 34 IHE’s U.S. Representative and U.S. proof of mailing: CFR 662.21 and are listed in the Senators and send the IHE a Grant (1) A private metered postmark. following paragraphs. The maximum Award Notice (GAN). We may notify the (2) A mail receipt that is not dated by score for all of the criteria, including the IHE informally, also. the U.S. Postal Service. competitive preference priority, is 105 If a student application is not If the IHE’s application is postmarked points. The maximum score for each evaluated or not selected for funding, after the application deadline date, we criterion is indicated in parentheses. we notify the IHE. will not consider its application. Quality of proposed project (60 2. Administrative and National Policy points): In determining the quality of Requirements: We identify Note: The U.S. Postal Service does not the research project proposed by the administrative and national policy uniformly provide a dated postmark. Before applicant, the Secretary considers (1) requirements in the application package relying on this method, the IHE should check The statement of the major hypotheses with its local post office. and reference these and other to be tested or questions to be examined, requirements in the Applicable c. Submission of Paper Applications and the description and justification of Regulations section in this notice. by Hand Delivery. the research methods to be used (10 We reference the regulations outlining If an IHE qualifies for an exception to points); (2) The relationship of the the terms and conditions of an award in the electronic submission requirement, research to the literature on the topic the Applicable Regulations section in the IHE (or a courier service) may and to major theoretical issues in the this notice and include these and other deliver its paper application to the field, and the project’s originality and specific conditions in the GAN. The Department by hand. The IHE must importance in terms of the concerns of GAN also incorporates its approved deliver the original and two copies of the discipline (10 points); (3) The application as part of the binding the application, by hand, on or before preliminary research already completed commitments under the grant. the application deadline date, to the in the United States and overseas or 3. Reporting: At the end of the project Department at the following address: plans for such research prior to going period, the IHE must submit a final U.S. Department of Education, overseas, and the kinds, quality and performance report, including the final Application Control Center, Attention: availability of data for the research in reports of all of the IHE’s fellows, and (CFDA Number 84.022A), 550 12th the host country or countries (10 financial information, as directed by the Street, SW., Room 7041, Potomac Center points); (4) The justification for overseas Secretary. The IHE and fellows are Plaza, Washington, DC 20202–4260. field research and preparations to required to use the International The Application Control Center establish appropriate and sufficient Resource Information System (IRIS) accepts hand deliveries daily between research contacts and affiliations abroad electronic reporting system to complete 8:00 a.m. and 4:30:00 p.m., Washington, (10 points); (5) The applicant’s plans to the final report. DC time, except Saturdays, Sundays, share the results of the research in 4. Performance Measures: Under the and Federal holidays. progress and a copy of the dissertation Government Performance and Results Note for Mail or Hand Delivery of Paper with scholars and officials of the host Act of 1993, the objective for the Applications: If an IHE mails or hand country or countries (10 points); and (6) Fulbright-Hays Doctoral Dissertation delivers its application to the Department— The guidance and supervision of the Research Abroad (DDRA) Fellowship (1) The IHE must indicate on the envelope dissertation advisor or committee at all Program is to provide grants to colleges and—if not provided by the Department—in stages of the project, including guidance and universities to fund individual Item 11 of the SF 424 the CFDA Number, and in developing the project, doctoral students to conduct research in suffix letter, if any, of the competition under understanding research conditions other countries in modern foreign which the IHE is submitting its application; abroad, and acquainting the applicant languages and area studies for periods of and with research in the field (10 points). 6 to 12 months. (2) The Application Control Center will Qualifications of the applicant (40 mail a notification of receipt of the IHE’s The Department will use the grant application. If the IHE does not receive points): In determining the following DDRA measures to evaluate the grant application receipt qualifications of the applicant, the its success in meeting this objective: acknowledgment within 15 business days Secretary considers (1) The overall Performance Measure 1: The average from the application deadline date, the IHE strength of the applicant’s graduate language competency score of Fulbright- should call the U.S. Department of Education academic record (10 points); (2) The Hays DDRA Fellowship recipients at the

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end of their period of research minus perform the functions and duties of the This priority is: their average score at the beginning of Assistant Secretary for Postsecondary A research project that focuses on any the period. Education. of the seventy-eight (78) languages Performance Measure 2: Percentage of Dated: September 30, 2009. deemed critical on the U.S. Department DDRA projects judged to be successful Daniel T. Madzelan, of Education’s list of Less Commonly by the program officer, based on a Taught Languages (LCTLs) found below. review of information provided in Director, Forecasting and Policy Analysis. This list includes the following: Akan annual performance reports. [FR Doc. E9–23897 Filed 10–2–09; 8:45 am] (Twi-Fante), Albanian, Amharic, Arabic Efficiency measure: Cost per grantee BILLING CODE 4000–01–P (all dialects), Armenian, Azeri increasing language competency by at (Azerbaijani), Balochi, Bamanakan least one level in one (or all three) (Bamana, Bambara, Mandikan, DEPARTMENT OF EDUCATION area(s). Mandingo, Maninka, Dyula), Belarusian, The information provided by grantees Office of Postsecondary Education; Bengali (Bangla), Berber (all languages), in their performance report submitted Overview Information; Fulbright-Hays Bosnian, Bulgarian, Burmese, Cebuano via IRIS will be the source of data for Faculty Research Abroad (FRA) (Visayan), Chechen, Chinese this measure. Reporting screens for Fellowship Program (Cantonese), Chinese (Gan), Chinese institutions and fellows may be viewed (Mandarin), Chinese (Min), Chinese at: http://iris.ed.gov/iris/pdfs/ Notice inviting applications for new (Wu), Croatian, Dari, Dinka, Georgian, DDRA_director.pdf.& http://iris.ed.gov/ awards for fiscal year (FY) 2010. Gujarati, Hausa, Hebrew (Modern), iris/pdfs/DDRA_fellows.pdf. Catalog of Federal Domestic Hindi, Igbo, Indonesian, Japanese, Assistance (CFDA) Number: 84.019A. VII. Agency Contact Javanese, Kannada, Kashmiri, Kazakh, Dates: Khmer (Cambodian), Kirghiz, Korean, For Further Information Contact: Amy Applications Available: October 5, Kurdish (Kurmanji), Kurdish (Sorani), Wilson, International Education 2009. Lao, Malay (Bahasa Melayu or Deadline for Transmittal of Programs Service, U.S. Department of Malaysian), Malayalam, Marathi, Applications: December 1, 2009. Education, 1990 K Street, NW., Room Mongolian, Nepali, Oromo, Panjabi, 6082, Washington, DC 20006–8521. Full Text of Announcement Pashto, Persian (Farsi), Polish, Telephone: (202) 502–7700 or by e-mail: I. Funding Opportunity Description Portuguese (all varieties), Quechua, [email protected]. Romanian, Russian, Serbian, Sinhala If you use a TDD, call the FRS, toll Purpose of Program: The Fulbright- (Sinhalese), Somali, Swahili, Tagalog, free, at 1–800–877–8339. Hays Faculty Research Abroad Tajik, Tamil, Telugu, Thai, Tibetan, VIII. Other Information Fellowship Program provides Tigrigna, Turkish, Turkmen, Ukrainian, opportunities to faculty of institutions Urdu, Uyghur/Uigur, Uzbek, Accessible Format: Individuals with of higher education (IHEs) to engage in disabilities can obtain this document Vietnamese, Wolof, Xhosa, Yoruba, and research abroad in modern foreign Zulu. and a copy of the application package in languages and area studies. an accessible format (e.g., braille, large Invitational Priority: For FY 2010, this Priorities: This notice contains one priority is an invitational priority. print, audiotape, or computer diskette) absolute priority, one competitive on request to the program contact Under 34 CFR 75.105(c)(1) we do not preference priority, and one invitational give an application that meets the person listed under For Further priority. In accordance with 34 CFR Information Contact in section VII of invitational priority a competitive or 75.105(b)(2)(ii), the absolute priority absolute preference over other this notice. and the competitive preference priority Electronic Access to This Document: applications. are from the regulations for this program This priority is: You can view this document, as well as (34 CFR 663.21(d)). all other documents of this Department Research projects that focus on one of Absolute Priority: For FY 2010, this the following fields or topics: published in the Federal Register, in priority is an absolute priority. Under 34 text or Adobe Portable Document Environmental Science, Ecology, CFR 75.105(c)(3), we consider only Climate Studies, Development Studies, Format (PDF) on the Internet at the applications that meet this priority. following site: http://www.ed.gov/news/ Economics, Public Health, Education, or This priority is: Political Science. fedregister. A research project that focuses on one Program Authority: 22 U.S.C. To use PDF, you must have Adobe or more of the following geographic 2452(b)(6). Acrobat Reader, which is available free areas: Africa, East Asia, Southeast Asia Applicable Regulations: (a) The at this site. If you have questions about and the Pacific Islands, South Asia, the Education Department General using PDF, call the U.S. Government Near East, East Central Europe and Administrative Regulations (EDGAR) in Printing Office (GPO), toll free, at 1– Eurasia, and the Western Hemisphere 34 CFR parts 74, 75, 77, 81, 82, 84, 85, 888–293–6498; or in the Washington, (excluding the United States and its 86, 97, 98, and 99. (b) The regulations DC, area at (202) 512–1530. territories). Please note that applications for this program in 34 CFR part 663. Note: The official version of this document that propose projects focused on is the document published in the Federal Western Europe are not eligible. Note: The regulations in 34 CFR part 86 Register. Free Internet access to the official Within this absolute priority, we give apply to institutions of higher education edition of the Federal Register and the Code competitive preference to applications (IHEs) only. of Federal Regulations is available on GPO that address the following priority. Access at: http://www.gpoaccess.gov/nara/ Competitive Preference Priority: For II. Award Information index.html. FY 2010, this priority is a competitive Type of Award: Discretionary grants Delegation of Authority: The Secretary preference priority. Under 34 CFR redistributed as fellowships to of Education has delegated authority to 75.105 (c)(2)(i) and 34 CFR 663.21(d), individual beneficiaries. Daniel T. Madzelan, Director, we award an additional five (5) points Estimated Available Funds: The Forecasting and Policy Analysis for the to an application that meets this Administration has requested Office of Postsecondary Education, to priority. $14,709,000 for International Education

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and Foreign Language Studies Overseas to evaluate the application. The faculty under For Further Information Contact Programs, of which we propose to applicant must limit the application in Section VII in this notice. If the allocate $1,399,000 for new awards for narrative to no more than 10 pages and Department provides an accommodation this program for FY 2010. The actual the bibliography to no more than 2 or auxiliary aid to an individual with a level of funding, if any, depends on pages, using the following standards: disability in connection with the final Congressional action. However, we • A ‘‘page’’ is 8.5″ × 11″, on one side application process, the individual’s are inviting applications to allow only, with 1″ margins at the top, bottom, application remains subject to all other enough time to complete the grant and both sides. requirements and limitations in this process if Congress appropriates funds • Double space (no more than three notice. for this program. lines per vertical inch) all text in the 4. Intergovernmental Review: This Estimated Range of Fellowship application narrative. However, faculty program is not subject to Executive Awards: $25,000–$115,000. applicants may single space all text in Order 12372 and the regulations in 34 Estimated Average Size of Fellowship charts, tables, figures, graphs, titles, CFR part 79. Awards: $70,000. headings, footnotes, endnotes, 5. Funding Restrictions: We reference Estimated Number of Fellowship quotations, bibliography, and captions. regulations outlining funding Awards: 20. • Use a font that is either 12 point or restrictions in the Applicable larger; or, no smaller than 10 pitch Regulations section of this notice. Note: The Department is not bound by any 6. Other Submission Requirements: estimates in this notice. (characters per inch). Faculty applicants may use a 10 point font in charts, tables, Applications for grants under this Project Period: The institutional figures, graphs, footnotes, and endnotes. program must be submitted project period is 18 months beginning However, these items are considered electronically unless an IHE qualifies for July 1, 2010. Faculty may request part of the narrative and counted within an exception to this requirement in funding for a period of no less than the 10 page limit. accordance with the instructions in this three months and no more than twelve • Use one of the following fonts: section. months. Times New Roman, Courier, Courier a. Electronic Submission of III. Eligibility Information New, or Arial. An application submitted Applications. in any other font (including Times Applications for grants under the 1. Eligible Applicants: IHEs. As part of Roman or Arial Narrow) will not be Fulbright-Hays Faculty Research Abroad the application process, faculty accepted. Fellowship Program, CFDA Number members submit individual applications The page limits only apply to the 84.019A, must be submitted to the IHE. The IHE then officially application narrative and bibliography. electronically using e-Application, submits all eligible individual faculty The page limits do not apply to the accessible through the Department’s e- applications with its grant application Application for Federal Assistance face Grants Web site at: http://e- to the Department. sheet (SF 424); the supplemental grants.ed.gov. 2. Cost Sharing or Matching: This information form required by the We will reject an application if an IHE program does not require cost sharing or Department of Education; and the submits it in paper format unless, as matching. assurances and certification. However, described elsewhere in this section, the IV. Application and Submission faculty applicants must include their IHE qualifies for one of the exceptions Information complete responses to the selection to the electronic submission criteria in the application narrative. requirement and submits, no later than 1. Address to Request Application We will reject a faculty applicant’s two weeks before the application Package: Both IHEs and faculty application if the faculty applicant deadline date, a written statement to the applicants can obtain an application exceeds the page limits. Department that the IHE qualifies for package via the Internet by contacting 3. Submission Dates and Times: one of these exceptions. Further Carla White, International Education Applications Available: October 5, information regarding calculation of the Programs Service, U.S. Department of 2009. date that is two weeks before the Education, 1990 K Street, NW., Room Deadline for Transmittal of application deadline date is provided 6000, Washington, DC 20006–8521. Applications: December 1, 2009. later in this section under Exception to Telephone: (202) 502–7700 or by e-mail: Applications for grants under this Electronic Submission Requirement. [email protected]. program must be submitted While completing the electronic If you use a telecommunications electronically using the Electronic Grant application, both the IHE and the device for the deaf (TDD), call the Application site (e-Application) faculty applicant will be entering data Federal Relay Service (FRS), toll free, at accessible through the Department’s e- online that will be saved into a 1–800–877–8339. Grants site. For information (including database. Neither the IHE nor the faculty Individuals with disabilities can dates and times) about how to submit an applicant may e-mail an electronic copy obtain a copy of the application package IHE’s application electronically, or in of a grant application to us. in an accessible format (e.g., braille, paper format by mail or hand delivery Please note the following: large print, audiotape, or computer if an IHE qualifies for an exception to • The process for submitting diskette) by contacting the program the electronic submission requirement, applications electronically under the contact person listed in this section. please refer to Section IV. 6. Fulbright-Hays Faculty Research Abroad 2. Content and Form of Application Other Submission Requirements in Fellowship Program has several parts. Submission: Requirements concerning this notice. The following is a brief summary of the the content of an application, together We do not consider an application process; however, all applicants should with the forms you must submit, are in that does not comply with the deadline review and follow the detailed the application package for this requirements. description of the application process program. Individuals with disabilities who that is contained in the application Page Limit: The application narrative need an accommodation or auxiliary aid package. In summary, the major parts is where the faculty applicant addresses in connection with the application are as follows: (1) IHEs must e-mail the the selection criteria that reviewers use process should contact the person listed following information to

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[email protected]@ed.gov: • IHEs must submit all documents (1) The IHE is a registered user of e- Name of university, and full name and electronically, including the Application and the IHE has initiated an e-mail address of potential project Application for Federal Assistance (SF electronic application for this director. We recommend that applicant 424), the Supplement to the SF 424, and competition; and IHEs submit this information as soon as all necessary assurances and (2)(a) E-Application is unavailable for possible to ensure that applicant IHEs certifications. Both IHEs and faculty 60 minutes or more between the hours obtain access to the e-Application applicants must attach any narrative of 8:30 a.m. and 3:30 p.m., Washington, system well before the application sections of the application as files in a DC time, on the application deadline deadline date. We suggest that applicant .DOC (document), .RTF (rich text), or date; or IHEs send this information no later than .PDF (Portable Document) format. If an (b) E-Application system is two weeks prior to the closing date, in IHE or a faculty applicant uploads a file unavailable for any period of time order to facilitate timely submission of type other than the three file types between 3:30 p.m. and 4:30:00 p.m., their applications; (2) Faculty must specified in this paragraph or submits a Washington, DC time, on the complete their individual applications password protected file, we will not application deadline date. and submit them to their IHE’s project review that material. We must acknowledge and confirm director using e-Application; (3) Persons • Both the IHE’s and the faculty these periods of unavailability before providing references for individual applicant’s electronic application must granting the IHE an extension. To faculty must complete and submit comply with any page limit request this extension or to confirm our reference forms for the faculty and requirements described in this notice. acknowledgement of any system submit them to the IHE’s project • Prior to submitting your electronic unavailability, an IHE may contact director using e-Application; and (4) application, you may wish to print a either (1) the person listed elsewhere in The IHE’s project director must copy of it for your records. this notice under For Further officially submit the IHE’s application, • After the individual faculty Information Contact (see Section VII. which must include all eligible applicant electronically submits his or Agency Contact) or (2) the e-Grants help individual faculty applications, her application to the faculty’s IHE, the desk at 1–888–336–8930. If e- reference forms, and other required faculty member will receive an Application is unavailable due to forms, using e-Application. Unless an automatic acknowledgment. In addition, technical problems with the system and, IHE applicant qualifies for an exception the applicant IHE’s project director will therefore, the application deadline is to the electronic submission receive a copy of this acknowledgment extended, an e-mail will be sent to all requirement in accordance with the by e-mail. After a person submits a registered users who have initiated an e- procedures in this section, all portions reference electronically, he or she will Application. Extensions referred to in of the application must be submitted receive an online confirmation. After this section apply only to the electronically. the applicant IHE submits its unavailability of e-Application. • The IHE must complete the application, including all eligible Exception to Electronic Submission electronic submission of the grant individual faculty applications, to the Requirement: An IHE qualifies for an application by 4:30:00 p.m., Department, the applicant IHE will exception to the electronic submission Washington, DC time, on the receive an automatic acknowledgment, requirement, and may submit its application deadline date. E- which will include a PR/Award Number application in paper format if the IHE is Application will not accept an (an identifying number unique to the unable to submit an application through application for this competition after IHE’s application). e-Application because— • 4:30:00 p.m., Washington, DC time, on • Within three working days after The IHE or a faculty applicant does the application deadline date. submitting the IHE’s electronic not have access to the Internet; or • Therefore, we strongly recommend that application, the IHE must fax a signed The IHE or a faculty applicant does both the IHE and the faculty applicant copy of the SF 424 to the Application not have the capacity to upload large not wait until the application deadline documents to e-Application; and Control Center after following these • date to begin the application process. steps: No later than two weeks before the • The regular hours of operation of (1) Print SF 424 from e-Application. application deadline date (14 calendar the e-Grants Web site are 6:00 a.m. (2) The applicant IHE’s Authorizing days; or, if the fourteenth calendar day Monday until 7:00 p.m. Wednesday; Representative must sign this form. before the application deadline date and 6:00 a.m. Thursday until 8:00 p.m. (3) Place the PR/Award number in the falls on a Federal holiday, the next Sunday, Washington, DC time. Please upper right hand corner of the hard- business day following the Federal note that the system is unavailable copy signature page of the SF 424. holiday), the IHE mails or faxes a between 8:00 p.m. on Sundays and 6:00 (4) Fax the signed SF 424 to the written statement to the Department, a.m. on Mondays, and between 7:00 Application Control Center at (202) explaining which of the two grounds for p.m. on Wednesdays and 6:00 a.m. on 245–6272. an exception prevents the IHE from Thursdays, Washington, DC time, for • We may request that you provide us using the Internet to submit its maintenance. Any modifications to original signatures on the SF 424 and application. If an IHE mails a written these hours are posted on the e-Grants other forms at a later date. statement to the Department, it must be Web site. Application Deadline Date Extension postmarked no later than two weeks • Faculty applicants will not receive in Case of e-Application Unavailability: before the application deadline date. If additional point value because the If an IHE is prevented from an IHE faxes its written statement to the faculty applicant submits his or her electronically submitting its application Department, we must receive the faxed application in electronic format nor will on the application deadline date statement no later than two weeks we penalize the IHE or faculty applicant because e-Application is unavailable, before the application deadline date. if the IHE or the faculty applicant we will grant the IHE an extension of Address and mail or fax this qualifies for an exception to the one business day to enable the IHE to statement to: Cynthia Dudzinski, U.S. electronic submission requirement, as transmit its application electronically, Department of Education, 1990 K Street, described elsewhere in this section, and by mail, or by hand delivery. We will NW., Room 6007, Washington, DC submits an application in paper format. grant this extension if— 20006–8521. Fax: (202) 502–7860.

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The IHE’s paper application must be Note for Mail or Hand Delivery of Paper American scholarly community (10 submitted in accordance with the mail Applications: If an IHE mails or hand points); and (6) The objectives of the or hand delivery instructions described delivers its application to the Department— project regarding the sponsoring in this notice. (1) The IHE must indicate on the envelope institution’s plans for developing or and—if not provided by the Department—in b. Submission of Paper Applications Item 11 of the SF 424 the CFDA Number, and strengthening, or both, curricula in by Mail. suffix letter, if any, of the competition under modern foreign languages and area If an IHE qualifies for an exception to which the IHE is submitting its application; studies (10 points). the electronic submission requirement, and Qualifications of the applicant (40 the IHE may mail (through the U.S. (2) The Application Control Center will points): In determining the Postal Service or a commercial carrier) mail a notification of receipt of the IHE’s qualifications of the applicant, the its application to the Department. The grant application. If the IHE does not receive Secretary considers (1) The overall IHE must mail the original and two the grant application receipt strength of the applicant’s academic acknowledgment within 15 business days record (teaching, research, copies of the application, on or before from the application deadline date, the IHE the application deadline date, to the contributions, professional association should call the U.S. Department of Education activities) (10 points); (2) The Department at the following address: Application Control Center at (202) 245– U.S. Department of Education, 6288. applicant’s excellence as a teacher or Application Control Center, Attention: researcher, or both, in his or her area or (CFDA Number 84.019A), LBJ Basement V. Application Review Information areas of specialization (10 points); (3) Level 1, 400 Maryland Avenue, SW., The applicant’s proficiency in one or 1. General: For FY 2010, faculty more of the languages (other than Washington, DC 20202–4260. applications are divided into seven The IHE must show proof of mailing English and the applicant’s native categories based on the world area focus language) of the country or countries of consisting of one of the following: of their research projects, as described (1) A legibly dated U.S. Postal Service research, and the specific measures to in the absolute priority listed in this be taken to overcome any anticipated postmark. notice. Language and area studies (2) A legible mail receipt with the language barriers (15 points); and (4) experts in seven discrete world area- The applicant’s ability to conduct date of mailing stamped by the U.S. based panels will review the faculty Postal Service. research in a foreign cultural context, as applications. Each panel reviews, evidenced by the applicant’s previous (3) A dated shipping label, invoice, or scores, and ranks its applications overseas experience, or documentation receipt from a commercial carrier. separately from the applications provided by the sponsoring institution, (4) Any other proof of mailing assigned to the other world area panels. or both (5 points). acceptable to the Secretary of the U.S. However, all fellowship applications Department of Education. will be ranked together from the highest VI. Award Administration Information If the IHE mails its application to lowest score for funding purposes. 1. Award Notices: If a faculty through the U.S. Postal Service, we do 2. Selection Criteria: The selection application is successful, we notify the not accept either of the following as criteria for this competition are from 34 IHE’s U.S. Representative and U.S. proof of mailing: CFR 663.21 and are listed in the Senators and send the IHE a Grant (1) A private metered postmark. following paragraphs. The maximum Award Notice (GAN). We may notify the (2) A mail receipt that is not dated by score for all of the criteria, including the IHE informally, also. the U.S. Postal Service. competitive preference priority, is 105 If a faculty application is not If the IHE’s application is postmarked points. The maximum score for each evaluated or not selected for funding, after the application deadline date, we criterion is indicated in parentheses. we notify the IHE. will not consider its application. Quality of proposed project (60 2. Administrative and National Policy points): In determining the quality of Requirements: We identify Note: The U.S. Postal Service does not the research project proposed by the uniformly provide a dated postmark. Before administrative and national policy relying on this method, the IHE should check applicant, the Secretary considers (1) requirements in the application package with its local post office. The statement of the major hypotheses and reference these and other to be tested or questions to be examined, requirements in the Applicable c. Submission of Paper Applications and the description and justification of Regulations section in this notice. by Hand Delivery. the research methods to be used (10 We reference the regulations outlining If an IHE qualifies for an exception to points); (2) The relationship of the the terms and conditions of an award in the electronic submission requirement, research to the literature on the topic the Applicable Regulations section in the IHE (or a courier service) may and to major theoretical issues in the this notice and include these and other deliver its paper application to the field, and the project’s originality and specific conditions in the GAN. The Department by hand. The IHE must importance in terms of the concerns of GAN also incorporates its approved deliver the original and two copies of the discipline (10 points); (3) The application as part of the binding the application, by hand, on or before preliminary research already completed commitments under the grant. the application deadline date, to the or plans for research prior to going 3. Reporting: At the end of the project Department at the following address: overseas, and the kinds, quality and period, the IHE must submit a final U.S. Department of Education, availability of data for the research in performance report, including the final Application Control Center, Attention: the host country or countries (10 reports of all of the IHE’s fellows, and (CFDA Number 84.019A), 550 12th points); (4) The justification for overseas financial information, as directed by the Street, SW., Room 7041, Potomac Center field research and preparations to Secretary. The IHE and fellows are Plaza, Washington, DC 20202–4260. establish appropriate and sufficient required to use the electronic reporting The Application Control Center accepts research contacts and affiliations abroad system International Resource hand deliveries daily between 8:00 a.m. (10 points); (5) The applicant’s plans to Information System (IRIS) to complete and 4:30:00 p.m., Washington, DC time, share the results of the research in the final report. except Saturdays, Sundays, and Federal progress with scholars and officials of 4. Performance Measures: Under the holidays. the host country or countries and the Government Performance and Results

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Act of 1993, the objective for the at this site. If you have questions about expertise in the design and Fulbright-Hays Faculty Research Abroad using PDF, call the U.S. Government implementation of educational (FRA) Program is to provide grants to Printing Office (GPO), toll free, at 1– standards, assessments, and institutions of higher education to fund 888–293–6498; or in the Washington, accountability systems for all students, faculty to maintain and improve their DC, area at (202) 512–1530. including students with disabilities and area studies and language skills by Note: The official version of this document limited English proficient students, and conducting research abroad for periods is the document published in the Federal experts with technical knowledge of 3 to 12 months. Register. Free Internet access to the official related to statistics and psychometrics. The Department will use the edition of the Federal Register and the Code At least one-third of the members shall following FRA measures to evaluate its of Federal Regulations is available on GPO have experience working in or with success in meeting this objective: Access at: http://www.gpoaccess.gov/nara/ index.html. state educational agencies or local Performance Measure 1: The average educational agencies. NTAC will advise language competency score of Fulbright- Delegation of Authority: The Secretary the Secretary on matters that arise Hays Faculty Research Abroad Program of Education has delegated authority to during the State Plan review process. recipients at the end of their period of Daniel T. Madzelan, Director, research minus their average language Forecasting and Policy Analysis for the Nomination Process: Any interested competency at the beginning of the office of Postsecondary Education, to person or organization may nominate period. perform the functions and duties of the one or more qualified individuals for Performance Measure 2: Percentage of Assistant Secretary for Postsecondary membership. If you would like to all Fulbright-Hays Faculty Research Education. nominate an individual or yourself for appointment to the Council, please Abroad Program projects judged to be Dated: September 30, 2009. successful by the program officer, based submit the following information to the Daniel T. Madzelan, Department’s White House Liaison on a review of information provided in Director, Forecasting and Policy Analysis. annual performance reports. Office: [FR Doc. E9–23898 Filed 10–2–09; 8:45 am] Efficiency measure: Cost per • A copy of the nominee’s resume; BILLING CODE 4000–01–P Fulbright-Hays Faculty Research Abroad • A cover letter that provides your grantee increasing language competency reason(s) for nominating the individual; by at least one level in one (or all three) DEPARTMENT OF EDUCATION and area. • The information provided by grantees National Technical Advisory Council Contact information for the in their performance report submitted nominee (name, title, business address, via IRIS will be the source of data for AGENCY: U.S. Department of Education, business phone, fax number, and this measure. Reporting screens for Office of Elementary and Secondary business e-mail address). Education. institutions and fellows may be viewed In addition, the cover letter must state ACTION: Request for Nominations To at: http://www.ieps-iris.org/iris/pdfs/ that the nominee (if nominating _ Serve on the National Technical FRA fellow.pdf; http://www.ieps- someone other than yourself) has agreed _ Advisory Council (NTAC). iris.org/iris/pdfs/FRA director.pdf. to be nominated and is willing to serve VII. Agency Contact SUMMARY: The Secretary of Education on the Council. Nominees will be For Further Information Contact: (Secretary) invites interested parties to appointed based on technical Cynthia Dudzinski, International submit nominations for individuals to qualifications, professional experience, Education Programs Service, U.S. serve on the National Technical and demonstrated knowledge of issues Department of Education, 1990 K Street, Advisory Council. related to state-designed standards, NW., Room 6007, Washington, DC SUPPLEMENTARY INFORMATION: The assessment, and accountability systems. 20006–8521. Telephone: (202) 502–7589 National Technical Advisory Council DATES: Nominations for individuals to or by e-mail: [email protected]. (NTAC or the Council) is established by serve on the Council must be submitted If you use a TDD, call the FRS, toll the Secretary of Education and governed (postmarked, if sending by mail; free, at 1–800–877–8339. by the provisions of the Federal submitted electronically; or received, if Advisory Committee Act (FACA) (Pub. hand delivered) by November 4, 2009. VIII. Other Information L. 92–463, as amended; 5 U.S.C. Accessible Format: Individuals with Appendix 2). In order to ensure that the ADDRESSES: You may submit disabilities can obtain this document U.S. Department of Education nominations, including attachments, by and a copy of the application package in (Department) is making sound technical any of the following methods: an accessible format (e.g., braille, large decisions related to the approval of • Electronically: Send to: print, audiotape, or computer diskette) state-designed standards, assessments, [email protected] (specify in on request to the program contact and accountability systems, the NTAC the e-mail subject line, ‘‘NTAC person listed under For Further shall advise the Secretary and the Nomination’’) Information Contact in Section VII of Assistant Secretary for Elementary and • this notice. Secondary Education (Assistant Mail, express delivery, hand Electronic Access to This Document: Secretary) on technical issues related to delivery, messenger, or courier service: You can view this document, as well as the design and implementation of Submit one copy of the documents all other documents of this Department standards, assessments, and listed above to the following address: published in the Federal Register, in accountability systems consistent with U.S. Department of Education, White text or Adobe Portable Document section 1111(b) of the No Child Left House Liaison Office, 400 Maryland Format (PDF) on the Internet at the Behind Act of 2001 and 34 CFR 200.1 Avenue, SW., Room 7C109, following site: http://www.ed.gov/news/ through 200.20. Washington, DC 20202. Attn: Karen fedregister. The Council shall consist of Akins. To use PDF, you must have Adobe approximately 16 members, including For questions, contact Karen Akins, Acrobat Reader, which is available free persons who have knowledge of and White House Liaison Office, at (202)

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401–3677, fax (202) 205–0723, or via e- m. A copy of the PAD is available for (402) 398–7426 (fax), mail at [email protected]. review at the Commission in the Public [email protected], or to Michael Reference Room or may be viewed on T. Loeffler, Senior Director, Certificates Arne Duncan, the Commission’s Web site (http:// and External Affairs, Northern Natural Secretary of Education. www.ferc.gov), using the ‘‘eLibrary’’ Gas Company, P.O. Box 3330, Omaha, [FR Doc. E9–23961 Filed 10–2–09; 8:45 am] link. Enter the docket number, Nebraska 68103–0330, or by calling BILLING CODE 4000–01–P excluding the last three digits in the (402) 398–7103 (telephone) or (402) docket number field to access the 398–7592 (fax), document (P–13569). For assistance, [email protected]. DEPARTMENT OF ENERGY contact FERC Online Support at Pursuant to section 157.9 of the [email protected] or toll Commission’s rules, 18 CFR 157.9, Federal Energy Regulatory free at 1–866–208–3676, of for TTY, within 90 days of this Notice the Commission (202) 502–8659. A copy is also available Commission staff will either: Complete [Project No. 13569–000] for inspection and reproduction at the its environmental assessment (EA) and address in paragraph h. place it into the Commission’s public Southern Nevada Water Authority; Register online at http:// record (eLibrary) for this proceeding, or Notice of Intent To File License www.ferc.gov/docs-filing/ issue a Notice of Schedule for Application, Filing of Pre-Application esubscription.asp to be notified via e- Environmental Review. If a Notice of Document, and Approving Use of the mail of new filing and issuances related Schedule for Environmental Review is Traditional Licensing Process to this or other pending projects. For issued, it will indicate, among other assistance, contact FERC Online milestones, the anticipated date for the September 28, 2009. Support. Commission staff’s issuance of the final a. Type of Filing: Notice of Intent to environmental impact statement (FEIS) File License Application and Request to Kimberly D. Bose, or EA for this proposal. The filing of the Use the Traditional Licensing Process. Secretary. EA in the Commission’s public record b. Project No.: 13569–000 [FR Doc. E9–23859 Filed 10–2–09; 8:45 am] for this proceeding or the issuance of a c. Dated Filed: August 14, 2009 BILLING CODE 6717–01–P Notice of Schedule for Environmental d. Submitted By: Southern Nevada Review will serve to notify federal and Water Authority (Southern Nevada) state agencies of the timing for the e. Name of Project: Arrow Canyon DEPARTMENT OF ENERGY completion of all necessary reviews, and Conduit Energy Recovery Hydroturbine the subsequent need to complete all f. Location: The proposed project Federal Energy Regulatory federal authorizations within 90 days of would be located next to the existing Commission the date of issuance of the Commission Coyote Springs Project Water [Docket No. CP09–466–000] staff’s FEIS or EA. Transmission Conduit in Moapa Clark There are two ways to become County, Nevada. The project would Northern Natural Gas Company; Notice involved in the Commission’s review of occupy 0.68 acres of federal land. of Application this project. First, any person wishing to g. Filed Pursuant to: 18 CFR 5.3 of the obtain legal status by becoming a party Commission’s regulations September 28, 2009. to the proceedings for this project h. Potential Applicant Contact: Scott Take notice that on September 18, should, on or before the comment date P. Krantz, 100 City Parkway, Suite 700, 2009, Northern Natural Gas Company stated below, file with the Federal Las Vegas, NV 89106; (702) 691–5240. (Northern), 1111 South 103rd Street, Energy Regulatory Commission, 888 i. FERC Contact: Jim Fargo at (202) Omaha, Nebraska 68124–1000, filed in First Street, NE., Washington, DC 20426, 502–6095; or e-mail at Docket No. CP09–466–000, an a motion to intervene in accordance [email protected]. application pursuant to section 7(b) of with the requirements of the j. Southern Nevada notified the public the Natural Gas Act (NGA) and Part 157 Commission’s Rules of Practice and of its request on August 26, 2009. In a of the Commission’s regulations, Procedure (18 CFR 385.214 or 385.211) letter dated September 28, 2009, the requesting authorization to abandon in and the Regulations under the NGA (18 Director of the Office of Energy Projects place three horizontal compressor units CFR 157.10). A person obtaining party approved Southern Nevada’s request to consisting of 4,300 horsepower at its status will be placed on the service list use the Traditional Licensing Process. Sunray Compressor Station and maintained by the Secretary of the k. With this notice, we are initiating associated piping, all located in Moore Commission and will receive copies of informal consultation with: (a) The U.S. County, Texas, all as more fully set forth all documents filed by the applicant and Fish and Wildlife Service under section in the application which is on file with by all other parties. A party must submit 7 of the Endangered Species Act and the the Commission and open to public 14 copies of filings made with the joint agency regulations thereunder at inspection. This filing may also be Commission and must mail a copy to 50 CFR, Part 402; and (b) the Nevada viewed on the Commission’s Web site at the applicant and to every other party in State Historic Preservation Officer, as http://www.ferc.gov using the the proceeding. Only parties to the required by Section 106, National ‘‘eLibrary’’ link. Enter the docket proceeding can ask for court review of Historical Preservation Act, and the number, excluding the last three digits, Commission orders in the proceeding. implementing regulations of the in the docket number field to access the However, a person does not have to Advisory Council on Historic document. For assistance, call (866) intervene in order to have comments Preservation at 36 CFR 800.2. 208–3676 or TTY, (202) 502–8659. considered. The second way to l. Southern Nevada filed a Pre- Any questions regarding this participate is by filing with the Application Document (PAD; including application should be directed to Dari R. Secretary of the Commission, as soon as a proposed process plan and schedule) Dornan, Senior Counsel, Northern possible, an original and two copies of with the Commission, pursuant to 18 Natural Gas Company, P.O. Box 3330, comments in support of or in opposition CFR 5.6 of the Commission’s Omaha, Nebraska 68103–0330, or by to this project. The Commission will regulations. calling (402) 398–7077 (telephone) or consider these comments in

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determining the appropriate action to be purpose of a preliminary permit, if DEPARTMENT OF ENERGY taken, but the filing of a comment alone issued, is to grant the permit holder will not serve to make the filer a party priority to file a license application Bonneville Power Administration to the proceeding. The Commission’s during the permit term. A preliminary rules require that persons filing permit does not authorize the permit Availability of the Bonneville comments in opposition to the project holder to perform any land disturbing Purchasing Instructions (BPI) and provide copies of their protests only to activities or otherwise enter upon lands Bonneville Financial Assistance the party or parties directly involved in or waters owned by others without the Instructions (BFAI) the protest. owners’ express permission. AGENCY: Bonneville Power Persons who wish to comment only The proposed project would consist Administration (BPA), DOE. on the environmental review of this of: (1) A 100 to 300-foot-long by 20 to ACTION: Notice of document availability. project should submit an original and 50-foot-wide barge anchored to the two copies of their comments to the riverbed; (2) 10 6 to 8-foot-diameter by SUMMARY: Copies of the Bonneville Secretary of the Commission. 20-foot-long turbine-generators attached Purchasing Instructions (BPI), which Environmental commenters will be to the barge; (3) high-voltage cables contain the policy and establish the placed on the Commission’s transmitting the generated power to the procedures that BPA uses in the environmental mailing list, will receive existing transmission line located near solicitation, award, and administration copies of the environmental documents, the Project; and (4) appurtenant of its purchases of goods and services, and will be notified of meetings facilities. The proposed project would including construction, are available in printed form for $30, or without charge associated with the Commission’s generate about 1,533 megawatt-hours. environmental review process. at the following Internet address: Environmental commenters will not be Applicant Contact: Michael Perry, http://www.bpa.gov/corporate/business/ required to serve copies of filed Director of Electric, City of Hamilton, bpi. documents on all other parties. 345 High Street, Hamilton, Ohio 45011; Copies of the Bonneville Financial However, the non-party commenters phone: (513) 785–7229 or by e-mail at: Assistance Instructions (BFAI), which will not receive copies of all documents [email protected]. contain the policy and establish the filed by other parties or issued by the FERC Contact: Sergiu Serban, 202– procedures that BPA uses in the Commission (except for the mailing of 502–6211. solicitation, award, and administration of financial assistance instruments environmental documents issued by the Competing Application: This (principally grants and cooperative Commission) and will not have the right application competes with the agreements), are available in printed to seek court review of the application for proposed Project No. form for $15 each, or available without Commission’s final order. 13451–000 filed on April 29, 2009. Motions to intervene, protests and charge at the following Internet address: comments may be filed electronically Deadline for filing comments, motions http://www.bpa.gov/corporate/business/ via the internet in lieu of paper; see, 18 to intervene, competing applications bfai. (without notices of intent), or notices of CFR 385.2001(a)(1)(iii) and the ADDRESSES: Unbound copies of the BPI instructions on the Commission’s Web intent to file competing applications: 60 days from the issuance of this notice. or BFAI may be obtained by sending a site under the ‘‘e-Filing’’ link. The check for the proper amount to the Head Commission strongly encourages Comments, motions to intervene, notices of intent, and competing of the Contracting Activity, Routing electronic filings. DGP–7, Bonneville Power Comment Date: October 19, 2009. applications may be filed electronically via the Internet. See 18 CFR Administration, P.O. Box 3621, Kimberly D. Bose, 385.2001(a)(1)(iii) and the instructions Portland, Oregon 97208–3621. Secretary. on the Commission’s Web site under the FOR FURTHER INFORMATION CONTACT: [FR Doc. E9–23860 Filed 10–2–09; 8:45 am] ‘‘e-Filing’’ link. If unable to be filed Manager, Communications, 1–800–622– 4519. BILLING CODE 6717–01–P electronically, documents may be paper- filed. To paper-file, an original and eight SUPPLEMENTARY INFORMATION: BPA was copies should be mailed to: Kimberly D. established in 1937 as a Federal Power DEPARTMENT OF ENERGY Bose, Secretary, Federal Energy Marketing Agency in the Pacific Regulatory Commission, 888 First Northwest. BPA operations are financed Federal Energy Regulatory Street, NE., Washington, DC 20426. For from power revenues rather than annual Commission more information on how to submit appropriations. BPA’s purchasing [Project No. 13573–000] these types of filings please go to the operations are conducted under 16 Commission’s Web site located at http:// U.S.C. 832 et seq. and related statutes. City of Hamilton; Notice of Competing www.ferc.gov/filing-comments.asp. Pursuant to these special authorities, the Preliminary Permit Application More information about this project, BPI is promulgated as a statement of Accepted for Filing and Soliciting including a copy of the application, can purchasing policy and as a body of Comments and Motions To Intervene be viewed or printed on the ‘‘eLibrary’’ interpretative regulations governing the link of Commission’s Web site at http:// conduct of BPA purchasing activities. It September 25, 2009. www.ferc.gov/docs-filing/elibrary.asp. is significantly different from the On August 31, 2009, the City of Enter the docket number (P–13573) in Federal Acquisition Regulation, and Hamilton, Ohio, filed an application for the docket number field to access the reflects BPA’s private sector approach to a preliminary permit, pursuant to document. For assistance, call toll-free purchasing the goods and services that section 4(f) of the Federal Power Act, 1–866–208–3372. it requires. BPA’s financial assistance proposing to study the feasibility of the operations are conducted under 16 Greenup Hydrokinetic Project, located Kimberly D. Bose, U.S.C. 839 et seq. and 16 U.S.C. 839 et immediately downstream from the Secretary. seq. The BFAI express BPA’s financial Greenup Lock and Dam on the Ohio [FR Doc. E9–23861 Filed 10–2–09; 8:45 am] assistance policy. The BFAI also River, in Scioto County, Ohio. The sole BILLING CODE 6717–01–P comprise BPA’s rules governing

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implementation of the principles Docket Numbers: RP09–1068–000. eRegistration link. Select the eFiling provided in the following Federal Applicants: Northern Natural Gas link to log on and submit the Regulations and/or OMB circulars: 2 Company. intervention or protests. CFR Part 220 Cost Principles for Description: Northern Natural Gas Persons unable to file electronically Educational Institutions (CircularA–21); Company submits the 32nd Revised should submit an original and 14 copies 2 CFR Part 225 Cost Principles for State, Sheet 54 et al. of its FERC Gas Tariff, of the intervention or protest to the Local and Indian Tribal Governments Fifth Revised Volume 1, to be effective Federal Energy Regulatory Commission, (Circular A–87); Grants and Cooperative 12/1/09. 888 First St., NE., Washington, DC Agreements with State and Local Filed Date: 09/23/2009. 20426. Governments (Circular A–102); Uniform Accession Number: 20090923–0034. The filings in the above proceedings Administrative Requirements for Grants Comment Date: 5 p.m. Eastern Time are accessible in the Commission’s and Agreements with Institutions of on Monday, October 5, 2009. eLibrary system by clicking on the Higher Education, Hospitals and Other Docket Numbers: RP09–1069–000. appropriate link in the above list. They Non-Profit Organizations (Circular A– Applicants: Cheniere Creole Trail are also available for review in the 110); 2 CFR Part 230 Cost Principles for Pipeline, L.P. Commission’s Public Reference Room in Non-Profit Organizations (Circular A– Description: Cheniere Creole Trail Washington, DC. There is an 122); and Audits of States, Local Pipeline, LP submits work paper eSubscription link on the Web site that Governments and Non-Profit reflecting historical data in support of enables subscribers to receive e-mail Organizations (Circular A–133). the continuation of the Retainage notification when a document is added BPA’s solicitations and contracts Percentage of 0.15%. to a subscribed dockets(s). For include notice of applicability and Filed Date: 09/23/2009. assistance with any FERC Online availability of the BPI and the BFAI, as Accession Number: 20090924–0024. service, please e-mail appropriate, for the information of Comment Date: 5 p.m. Eastern Time [email protected]. or call offerors on particular purchases or on Monday, October 5, 2009. (866) 208–3676 (toll free). For TTY, call financial assistance transactions. Docket Numbers: RP09–1070–000. (202) 502–8659. Issued in Portland, Oregon, on September Applicants: Dominion Transmission, Nathaniel J. Davis, Sr., Inc. 18, 2009. Deputy Secretary. Damian J. Kelly, Description: Dominion Transmission, Inc submits Second Revised Sheet No [FR Doc. E9–23855 Filed 10–2–09; 8:45 am] Manager, Purchasing/Property Governance. 1301 et al. to FERC Gas Tariff, Third BILLING CODE 6717–01–P [FR Doc. E9–23921 Filed 10–2–09; 8:45 am] Revised Volume No 1. BILLING CODE 6450–01–P Filed Date: 09/24/2009. DEPARTMENT OF ENERGY Accession Number: 20090924–0115. Comment Date: 5 p.m. Eastern Time DEPARTMENT OF ENERGY Federal Energy Regulatory on Tuesday, October 6, 2009. Commission Federal Energy Regulatory Any person desiring to intervene or to Commission protest in any of the above proceedings Combined Notice of Filings No. 1 must file in accordance with Rules 211 Combined Notice of Filings No. 1 and 214 of the Commission’s Rules of September 23, 2009. Practice and Procedure (18 CFR 385.211 Take notice that the Commission has September 25, 2009. and 385.214) on or before 5 p.m. Eastern received the following Natural Gas Take notice that the Commission has time on the specified comment date. It Pipeline Rate and Refund Report filings: received the following Natural Gas is not necessary to separately intervene Docket Numbers: RP09–1054–000. Pipeline Rate and Refund Report filings: again in a subdocket related to a Applicants: Cheyenne Plains Gas Docket Numbers: RP09–1066–000. compliance filing if you have previously Pipeline Company LLC. Applicants: Viking Gas Transmission intervened in the same docket. Protests Description: Cheyenne Plains Gas Company. will be considered by the Commission Pipeline Company, LLC submits Firm Description: Viking Gas Transmission in determining the appropriate action to Transportation Service Agreement and Company submits Twenty-Seventh be taken, but will not serve to make Eleventh Revised Sheet No 1 to its FERC Revised Sheet 5B of its FERC Gas Tariff, protestants parties to the proceeding. Gas Tariff, Original Volume No 1, to be First Revised Volume 1, to be effective Anyone filing a motion to intervene or effective 10/20/09. 11/1/09. protest must serve a copy of that Filed Date: 09/18/2009. Filed Date: 09/23/2009. document on the Applicant. In reference Accession Number: 20090921–0066. Accession Number: 20090923–0033. to filings initiating a new proceeding, Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time interventions or protests submitted on on Wednesday, September 30, 2009. on Monday, October 5, 2009. or before the comment deadline need Docket Numbers: RP09–1055–000. Docket Numbers: RP09–1067–000. not be served on persons other than the Applicants: Transcontinental Gas Applicants: Northern Natural Gas Applicant. Pipe Line Company. Company. The Commission encourages Description: Transcontinental Gas Description: Northern Natural Gas electronic submission of protests and Pipe Line Company, LLC submits First Company submits Fifth Revised Sheet interventions in lieu of paper, using the Revised Sheet No 344 et al to its FERC 67 et al. of its FERC Gas Tariff, Fifth FERC Online links at http:// Gas Tariff, Fourth Revised Volume No 1. Revised Volume 1, to be effective 11/1/ www.ferc.gov. To facilitate electronic Filed Date: 09/21/2009. 09. service, persons with Internet access Accession Number: 20090921–0131. Filed Date: 09/23/2009. who will eFile a document and/or be Comment Date: 5 p.m. Eastern Time Accession Number: 20090923–0032. listed as a contact for an intervenor on Monday, October 5, 2009. Comment Date: 5 p.m. Eastern Time must create and validate an Docket Numbers: RP09–1056–000. on Monday, October 5, 2009. eRegistration account using the Applicants: Northwest Pipeline GP.

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Description: Northwest Pipeline GP 375A et al of its FERC Gas Tariff, Third of the intervention or protest to the submits Fifth Revised Sheet No 5 et al Revised Volume 1, to be effective 11/16/ Federal Energy Regulatory Commission, to its FERC Gas Tariff, Fourth Revised 09. 888 First St., NE., Washington, DC Volume No 1. Filed Date: 09/22/2009. 20426. Filed Date: 09/21/2009. Accession Number: 20090922–0081. The filings in the above proceedings Accession Number: 20090921–0132. Comment Date: 5 p.m. Eastern Time are accessible in the Commission’s Comment Date: 5 p.m. Eastern Time on Monday, October 5, 2009. eLibrary system by clicking on the on Monday, October 5, 2009. Docket Numbers: RP09–1063–000. appropriate link in the above list. They Docket Numbers: RP09–1057–000. Applicants: Algonquin Gas are also available for review in the Applicants: Saltville Gas Storage Transmission, LLC. Commission’s Public Reference Room in Company L.L.C. Description: Algonquin Gas Washington, DC. There is an Description: Saltville Gas Storage Transmission, LLC submits Sixth eSubscription link on the Web site that Company LLC submits Fourth Revised Revised Sheet 607 et al of its FERC Gas enables subscribers to receive e-mail Sheet 148 et al of its FERC Gas Tariff, Tariff, Fifth Revised Volume 1, to be notification when a document is added Volume 1, to be effective 11/16/09. effective 11/16/09. to a subscribed dockets(s). For Filed Date: 09/22/2009. Filed Date: 09/22/2009. assistance with any FERC Online Accession Number: 20090922–0076. Accession Number: 20090922–0082. service, please e-mail Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time [email protected]. or call on Monday, October 5, 2009. on Monday, October 5, 2009. (866) 208–3676 (toll free). For TTY, call Docket Numbers: RP09–1064–000. (202) 502–8659. Docket Numbers: RP09–1058–000. Applicants: Texas Eastern Applicants: Egan Hub Storage, LLC. Transmission LP. Nathaniel J. Davis, Sr., Description: Egan Hub Storage, LLC Description: Texas Eastern Deputy Secretary. submits Fifth Revised Sheet 156 et al of Transmission, LP submits Sixth Revised its FERC Gas Tariff, First Revised [FR Doc. E9–23856 Filed 10–2–09; 8:45 am] Sheet 509 et al of its FERC Gas Tariff, BILLING CODE 6717–01–P Volume 1, to be effective 11/16/09. Seventh Revised Volume 1, to be Filed Date: 09/22/2009. effective 11/16/09. Accession Number: 20090922–0077. Filed Date: 09/22/2009. DEPARTMENT OF ENERGY Comment Date: 5 p.m. Eastern Time Accession Number: 20090922–0083. on Monday, October 5, 2009. Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory Docket Numbers: RP09–1059–000. on Monday, October 5, 2009. Commission Applicants: Southeast Supply Header, Any person desiring to intervene or to LLC. protest in any of the above proceedings Combined Notice of Filings No. 2 Description: Southeast Supply must file in accordance with Rules 211 September 23, 2009. Header, LLC submits its FERC Gas and 214 of the Commission’s Rules of Tariff, Original Volume and Second Practice and Procedure (18 CFR 385.211 Take notice that the Commission has Revised Sheet 342, to be effective 11/16/ and 385.214) on or before 5 p.m. Eastern received the following Natural Gas 09. time on the specified comment date. It Pipeline Rate and Refund Report filings: Filed Date: 09/22/2009. is not necessary to separately intervene Docket Numbers: RP09–858–001. Accession Number: 20090922–0078. again in a subdocket related to a Applicants: Trailblazer Pipeline Comment Date: 5 p.m. Eastern Time compliance filing if you have previously Company LLC. on Monday, October 5, 2009. intervened in the same docket. Protests Description: Trailblazer Pipeline Docket Numbers: RP09–1060–000. will be considered by the Commission Company LLC submits Substitute First Applicants: Maritimes & Northeast in determining the appropriate action to Revised Sheet No 300 et al. to its FERC Pipeline, L.L.C. be taken, but will not serve to make Gas Tariff, Seventh Revised Volume No Description: Maritimes & Northeast protestants parties to the proceeding. 1. Pipeline, LLC submits Eighth Revised Anyone filing a motion to intervene or Filed Date: 09/10/2009. Sheet 307 of its FERC Gas Tariff, First protest must serve a copy of that Accession Number: 20090911–0060. Revised Volume 1, to be effective 11/16/ document on the Applicant. In reference Comment Date: 5 p.m. Eastern Time 09. to filings initiating a new proceeding, on Tuesday, September 29, 2009. Filed Date: 09/22/2009. interventions or protests submitted on Docket Numbers: RP09–826–002. Accession Number: 20090922–0079. or before the comment deadline need Applicants: Central New York Oil and Comment Date: 5 p.m. Eastern Time not be served on persons other than the Gas Co., LLC. on Monday, October 5, 2009. Applicant. Description: Central New York Oil Docket Numbers: RP09–1061–000. The Commission encourages and Gas Company, LLC submits Applicants: Steckman Ridge, LP. electronic submission of protests and Substitute Second Revised Sheet No Description: Steckman Ridge, LP interventions in lieu of paper, using the 103A et al. to FERC Gas Tariff, Original submits Second Revised Sheet 281 of its FERC Online links at http:// Volume No 1 to comply with the FERC Gas Tariff, Original Volume 1, to www.ferc.gov. To facilitate electronic Commission’s 9/3/09 Letter Order. be effective 11/16/09. service, persons with Internet access Filed Date: 09/18/2009. Filed Date: 09/22/2009. who will eFile a document and/or be Accession Number: 20090921–0067. Accession Number: 20090922–0080. listed as a contact for an intervenor Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time must create and validate an on Wednesday, September 30, 2009. on Monday, October 5, 2009. eRegistration account using the Docket Numbers: RP96–320–116. Docket Numbers: RP09–1062–000. eRegistration link. Select the eFiling Applicants: Gulf South Pipeline Applicants: East Tennessee Natural link to log on and submit the Company, LP. Gas, LLC. intervention or protests. Description: Gulf South Pipeline Description: East Tennessee Natural Persons unable to file electronically Company, LP submits an amendment to Gas, LLC submits Fourth Revised Sheet should submit an original and 14 copies a negotiated rate letter agreement

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executed by Gulf South and one of its Filed Date: 09/22/2009. The Commission encourages customers in relation to the East Texas Accession Number: 20090923–0030. electronic submission of protests in lieu to Mississippi Expansion Project. Comment Date: 5 p.m. Eastern Time of paper using the ‘‘eFiling’’ link at Filed Date: 09/18/2009. on Monday, October 5, 2009. http://www.ferc.gov. Persons unable to Accession Number: 20090921–0065. Docket Numbers: RP09–1012–001. file electronically should submit an Comment Date: 5 p.m. Eastern Time Applicants: Quest Pipelines (KPC). original and 14 copies of the protest to on Wednesday, September 30, 2009. Description: Quest Pipeline (KPC) the Federal Energy Regulatory Any person desiring to protest this submits Second Revised Sheet 52 to Commission, 888 First Street, NE., filing must file in accordance with Rule replace Third Revised Sheet 52 to FERC Washington, DC 20426. 211 of the Commission’s Rules of Gas Tariff, Second Revised Volume 1 to This filing is accessible on-line at Practice and Procedure (18 CFR update the Annual Charge Adjustment http://www.ferc.gov, using the 385.211). Protests to this filing will be unit rates. ‘‘eLibrary’’ link and is available for considered by the Commission in Filed Date: 09/23/2009. review in the Commission’s Public determining the appropriate action to be Accession Number: 20090924–0026. Reference Room in Washington, DC. taken, but will not serve to make Comment Date: 5 p.m. Eastern Time There is an ‘‘eSubscription’’ link on the protestants parties to the proceeding. on Monday, October 5, 2009. Web site that enables subscribers to Such protests must be filed on or before Docket Numbers: RP09–1038–001. receive e-mail notification when a 5 p.m. Eastern time on the specified Applicants: Viking Gas Transmission document is added to a subscribed comment date. Anyone filing a protest Company. docket(s). For assistance with any FERC must serve a copy of that document on Description: Viking Gas Transmission Online service, please e-mail all the parties to the proceeding. Company submits a correction to their [email protected], or call The Commission encourages 9/9/09 filing of a non-conforming Firm (866) 208–3676 (toll free). For TTY, call electronic submission of protests in lieu Transportation Agreement with (202) 502–8659. of paper using the ‘‘eFiling’’ link at Northern States Power Company. Nathaniel J. Davis, Sr., Filed Date: 09/23/2009. http://www.ferc.gov. Persons unable to Deputy Secretary. file electronically should submit an Accession Number: 20090924–0025. [FR Doc. E9–23857 Filed 10–2–09; 8:45 am] original and 14 copies of the protest to Comment Date: 5 p.m. Eastern Time the Federal Energy Regulatory on Monday, October 5, 2009. BILLING CODE 6717–01–P Commission, 888 First Street, NE., Docket Numbers: RP09–856–002. Washington, DC 20426. Applicants: Horizon Pipeline DEPARTMENT OF ENERGY This filing is accessible on-line at Company, L.L.C. http://www.ferc.gov, using the Description: Horizon Pipeline Federal Energy Regulatory ‘‘eLibrary’’ link and is available for Company, LLC submits Second Commission review in the Commission’s Public Substitute Original Sheet 304 to FERC Reference Room in Washington, DC. Gas Tariff, Original Volume 1, to be Combined Notice of Filings #1 There is an ‘‘eSubscription’’ link on the effective 10/11/09. Web site that enables subscribers to Filed Date: 09/23/2009. September 25, 2009. receive e-mail notification when a Accession Number: 20090924–0028. Take notice that the Commission document is added to a subscribed Comment Date: 5 p.m. Eastern Time received the following electric rate docket(s). For assistance with any FERC on Monday, October 5, 2009. filings: Online service, please e-mail Docket Numbers: RP09–970–001. Docket Numbers: ER08–1169–005. [email protected], or call Applicants: Transcontinental Gas Applicants: Midwest Independent (866) 208–3676 (toll free). For TTY, call Pipe Line Company. Transmission System Operator, Inc. (202) 502–8659. Description: Transcontinental Gas Description: Midwest Independent Pipe Line Co, LLC submits Second Transmission System Operator, Inc Nathaniel J. Davis, Sr., Revised Sheet 4554 to its FERC Gas submits compliance filing revising its Deputy Secretary. Tariff, Fourth Revised Volume 1, to be Open Access Transmission, Energy and [FR Doc. E9–23858 Filed 10–2–09; 8:45 am] effective 10/1/09. Operating Reserve Markets Tariff and BILLING CODE 6717–01–P Filed Date: 09/23/2009. Open Access Transmission and Energy Accession Number: 20090924–0027. Markets Tariff. Comment Date: 5 p.m. Eastern Time Filed Date: 09/23/2009. Accession Number: 20090924–0037. DEPARTMENT OF ENERGY on Monday, October 5, 2009. Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory Any person desiring to protest this on Wednesday, October 14, 2009. Commission filing must file in accordance with Rule Docket Numbers: ER09–1381–001. 211 of the Commission’s Rules of Applicants: Allegheny Energy Supply Combined Notice of Filings No. 2 Practice and Procedure (18 CFR Company, LLC. 385.211). Protests to this filing will be Description: Allegheny Energy Supply September 25, 2009. considered by the Commission in Company, LLC submits revised Sheet Take notice that the Commission has determining the appropriate action to be No 2A et al to its FERC Electric Tariff, received the following Natural Gas taken, but will not serve to make Second Revised Volume No 1. Pipeline Rate and Refund Report filings: protestants parties to the proceeding. Filed Date: 09/23/2009. Docket Numbers: RP04–274–019. Such protests must be filed in Accession Number: 20090924–0036. Applicants: Kern River Gas accordance with the provisions of Comment Date: 5 p.m. Eastern Time Transmission Company. section 154.210 of the Commission’s on Wednesday, October 14, 2009. Description: Kern River Gas regulations (18 CFR 154.210). Anyone Docket Numbers: ER09–1734–000. Transmission Company submits revised filing a protest must serve a copy of that Applicants: Avista Corporation. tariff sheet to its FERC Gas Tariff, document on all the parties to the Description: Avista Corp submits Fifth Second Revised Volume 1. proceeding. Revised Sheets 8 and 9 to First Revised

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FERC Rate Schedule 184 to be effective service, persons with Internet access are cooperating agencies. A cooperating 10/1/09. who will eFile a document and/or be agency has jurisdiction by law or special Filed Date: 09/23/2009. listed as a contact for an intervenor expertise with respect to environmental Accession Number: 20090923–0036. must create and validate an impacts involved with the proposal and Comment Date: 5 p.m. Eastern Time eRegistration account using the is involved in the NEPA analysis. on Wednesday, October 14, 2009. eRegistration link. Select the eFiling Based on the analysis in the EIS, the Docket Numbers: ER09–1735–000. link to log on and submit the FERC staff concludes that construction Applicants: Florida Power intervention or protests. and operation of the Project would Corporation. Persons unable to file electronically result in some adverse environmental Description: Florida Power should submit an original and 14 copies impacts. However, if the Project is Corporation submits Original Sheet 478 of the intervention or protest to the constructed and operated in accordance to FERC Electric Tariff, Third Revised Federal Energy Regulatory Commission, with applicable laws and regulations, Volume 6 to be effective 11/22/09. 888 First St. NE., Washington, DC Algonquin’s proposed mitigation, and Filed Date: 09/23/2009. 20426. the additional mitigation measures Accession Number: 20090923–0035. The filings in the above proceedings recommended by staff in the EIS, all Comment Date: 5 p.m. Eastern Time are accessible in the Commission’s impacts would be reduced to a less- on Wednesday, October 14, 2009. eLibrary system by clicking on the than-significant level. Docket Numbers: ER09–1738–000. appropriate link in the above list. They The E2W Project would provide Applicants: Barton Windpower II are also available for review in the 281,500 dekatherms per day of east to LLC. Commission’s Public Reference Room in west natural gas transportation service Description: Barton Windpower II, Washington, DC. There is an for delivery to high growth markets in LLC submits Substitute Original Sheet 1 eSubscription link on the Web site that the Northeast. The Project would et al to FERC Electric Tariff, First enables subscribers to receive e-mail increase the diversity of supply by Revised Volume 1. notification when a document is added accessing natural gas from liquefied Filed Date: 09/23/2009. to a subscribed dockets(s). For natural gas projects offshore of Accession Number: 20090924–0038. assistance with any FERC Online Massachusetts, increase Algonquin’s Comment Date: 5 p.m. Eastern Time service, please e-mail system flexibility, and strengthen on Wednesday, October 14, 2009. [email protected]. or call Algonquin’s ability to mitigate capacity Docket Numbers: ER09–1740–000. (866) 208–3676 (toll free). For TTY, call restrictions on the eastern end of the Applicants: Southwest Power Pool, (202) 502–8659. system. The final EIS addresses the potential Inc. Kimberly D. Bose, environmental effects of the Description: Southwest Power Pool, Secretary. Inc submits revised pages to its Open construction and operation of the [FR Doc. E9–23865 Filed 10–2–09; 8:45 am] Access Transmission Tariff to following facilities proposed by implement a rate change for Oklahoma BILLING CODE 6717–01–P Algonquin: • Gas and Electric Company. Installation of 2.56 miles of 12-inch- diameter pipeline (E–3 System Filed Date: 09/24/2009. DEPARTMENT OF ENERGY Accession Number: 20090924–0116. Replacement) that would replace a Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory segment of an existing 6-inch-diameter on Thursday, October 15, 2009. Commission pipeline in New London County, Any person desiring to intervene or to Connecticut; [Docket Nos. CP08–420–000; CP08–420– • Installation of minor aboveground protest in any of the above proceedings 001] facilities including one mainline valve must file in accordance with Rules 211 and remote blow-off valve, one mainline and 214 of the Commission’s Rules of Algonquin Gas Transmission, LLC; remote control valve; one pig 1 launcher; Practice and Procedure (18 CFR 385.211 Hubline/East to West Project and one pig receiver in New London and 385.214) on or before 5 p.m. Eastern County, Connecticut; and time on the specified comment date. It September 25, 2009. • Piping modifications to the existing is not necessary to separately intervene The staff of the Federal Energy Hanover Compressor Station in Morris again in a subdocket related to a Regulatory Commission (Commission or County, New Jersey to accommodate compliance filing if you have previously FERC) has prepared the final reverse flow and backhaul capability intervened in the same docket. Protests Environmental Impact Statement (EIS) along Algonquin’s system. will be considered by the Commission to address Algonquin Gas Transmission, The final EIS has been placed in the in determining the appropriate action to LLC’s (Algonquin) proposed expansion public files of the FERC and is available be taken, but will not serve to make of its natural gas pipeline system in the for distribution and public inspection protestants parties to the proceeding. above-referenced dockets. The HubLine/ at: Federal Energy Regulatory Anyone filing a motion to intervene or East to West Project (E2W Project or Commission, Public Reference Room, protest must serve a copy of that Project) would involve replacement of 888 First St. NE., Room 2A, Washington, document on the Applicant. In reference existing pipeline facilities in New DC 20426, (202) 502–8371. to filings initiating a new proceeding, London County, Connecticut and A limited number of copies are interventions or protests submitted on modifications to an existing compressor available from the FERC’s Public or before the comment deadline need station in Morris County, New Jersey. Reference Room identified above. These The final EIS was prepared to satisfy not be served on persons other than the copies may be requested in hard copy or the requirements of the National Applicant. as .pdf files on a CD that can be read by Environmental Policy Act (NEPA). The The Commission encourages a computer with a CD–ROM drive. The electronic submission of protests and FERC is the lead agency for the interventions in lieu of paper, using the preparation of the EIS. The U.S. Army 1 A pig is an internal tool that can be used to FERC Online links at http:// Corps of Engineers (COE) and the U.S. clean and dry a pipeline and/or to inspect it for www.ferc.gov. To facilitate electronic Environmental Protection Agency (EPA) damage or corrosion.

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final EIS is also available for viewing on DEPARTMENT OF ENERGY document is added to a subscribed the FERC Internet Web site at dockets(s). For assistance with any www.ferc.gov. In addition, copies of the Federal Energy Regulatory FERC Online service, please e-mail document have been mailed to federal, Commission [email protected]. or call (866) 208–3676 (toll free). For TTY, call state, and local government agencies; [Docket No. ER09–1723–000] elected officials; Native American tribes; (202) 502–8659. local libraries and newspapers; Dry Lake Wind Power, LLC; Kimberly D. Bose, intervenors in the FERC’s proceeding; Supplemental Notice That Initial Secretary. and other interested parties (i.e., Market-Based Rate Filing Includes [FR Doc. E9–23864 Filed 10–2–09; 8:45 am] Request for Blanket Section 204 affected landowners, miscellaneous BILLING CODE 6717–01–P individuals, and environmental groups Authorization who provided scoping comments, September 25, 2009. commented on the draft EIS, or asked to DEPARTMENT OF ENERGY remain on the mailing list). Hard copies This is a supplemental notice in the of the final EIS were mailed to those above-referenced proceeding, of Dry Federal Energy Regulatory who specifically requested them, while Lake Wind Power, LLC’s application for Commission all other parties on the mailing list were market-based rate authority, with an accompanying rate schedule, noting that [Docket No. EL09–77–000] sent a CD of the final EIS. Hard copies such application includes a request for of the final EIS can be viewed at the JD Wind 1, LLC, JD Wind 2, LLC, JD blanket authorization, under 18 CFR Wind 3, LLC, JD Wind 4, LLC, JD Wind libraries in the Project area that are Part 34, of future issuances of securities listed in Appendix A of the final EIS. 5, LLC, JD Wind 6, LLC; Notice for and assumptions of liability. Petition for Declaratory Order Additional information about the Any person desiring to intervene or to Project is available from the protest should file with the Federal September 25, 2009. Commission’s Office of External Affairs Energy Regulatory Commission, 888 Take notice that on September 24, at 1–866–208–FERC (3372) or on the First Street, NE., Washington, DC 20426, 2009, JD Wind 1, LLC, JD Wind 2, LLC, FERC Internet Web site (http:// in accordance with Rules 211 and 214 JD Wind 3, LLC, JD Wind 4, LLC, JD www.ferc.gov) using the eLibrary link. of the Commission’s Rules of Practice Wind 5, LLC, and JD Wind 6, LLC Click on the eLibrary link, click on and Procedure (18 CFR 385.211 and (collectively JD Wind) filed a Petition ‘‘General Search,’’ and enter the docket 385.214). Anyone filing a motion to for Enforcement and Declaratory Order, number excluding the last three digits in intervene or protest must serve a copy pursuant to Section 210(h) of the Public the Docket Number field (i.e., CP08– of that document on the Applicant. Utility Regulatory Policy Act of 1978, 420). Be sure you have selected an Notice is hereby given that the (PURPA). JD Wind asserts that a appropriate date range. For assistance, deadline for filing protests with regard decision rendered by the Public Utility please contact FERC Online Support at to the applicant’s request for blanket Commission of Texas (PUCT) is contrary [email protected] or toll authorization, under 18 CFR Part 34, of to PURPA and requests that the future issuances of securities and free at 1–866–208–3676, or for TTY, Commission take enforcement action, or assumptions of liability is October 15, contact (202) 502–8659. The eLibrary in the alternative, issue a declaratory 2009. order finding that the PUCT’s decision link on the FERC Internet website also The Commission encourages provides access to the texts of formal does not implement PURPA and the electronic submission of protests and Commission’s rules and thus is documents issued by the Commission, interventions in lieu of paper, using the preempted by Federal law. such as orders, notices, and FERC Online links at http:// Any person desiring to intervene or to rulemakings. www.ferc.gov. To facilitate electronic protest this filing must file in In addition, the Commission now service, persons with Internet access accordance with Rules 211 and 214 of offers a free service called eSubscription who will eFile a document and/or be the Commission’s Rules of Practice and that allows you to keep track of all listed as a contact for an intervenor Procedure (18 CFR 385.211, 385.214). formal issuances and submittals in must create and validate an Protests will be considered by the specific dockets. This can reduce the eRegistration account using the Commission in determining the amount of time you spend researching eRegistration link. Select the eFiling appropriate action to be taken, but will proceedings by automatically providing link to log on and submit the not serve to make protestants parties to you with notification of these filings, intervention or protests. the proceeding. Any person wishing to document summaries, and direct links Persons unable to file electronically become a party must file a notice of to the documents. To register for this should submit an original and 14 copies intervention or motion to intervene, as service, go to the eSubscription link on of the intervention or protest to the appropriate. Such notices, motions, or Federal Energy Regulatory Commission, the FERC Internet website. protests must be filed on or before the 888 First St., NE., Washington, DC comment date. On or before the Information concerning the 20426. comment date, it is not necessary to involvement of the COE is available The filings in the above-referenced serve motions to intervene or protests from Susan Lee at (978) 318–8494. proceeding(s) are accessible in the on persons other than the Applicant. Information concerning the involvement Commission’s eLibrary system by The Commission encourages of the EPA is available from Timothy clicking on the appropriate link in the electronic submission of protests and Timmermann at (617) 918–1025. above list. They are also available for interventions in lieu of paper using the review in the Commission’s Public ‘‘eFiling’’ link at http://www.ferc.gov. Kimberly D. Bose, Reference Room in Washington, DC. Persons unable to file electronically Secretary. There is an eSubscription link on the should submit an original and 14 copies [FR Doc. E9–23862 Filed 10–2–09; 8:45 am] Web site that enables subscribers to of the protest or intervention to the BILLING CODE 6717–01–P receive e-mail notification when a Federal Energy Regulatory Commission,

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888 First Street, NE., Washington, DC In the September 18 Order, the sales during the most recent calendar 20426. Commission directed Solaro Energy quarter.2 This filing is accessible on-line at Marketing Corporation and Take Two, In the November 20 Order, the http://www.ferc.gov, using the LLC. each to file the required Electric Commission directed Flat Earth Energy, ‘‘eLibrary’’ link and is available for Quarterly Reports within 15 days of the LLC to file the required Electric review in the Commission’s Public date of issuance of the order or face Quarterly Reports within 15 days of the Reference Room in Washington, DC. revocation of their authority to sell date of issuance of the order or face There is an ‘‘eSubscription’’ link on the power at market-based rates and revocation of its authority to sell power Web site that enables subscribers to termination of their electric market- at market-based rates and termination of receive e-mail notification when a based rate tariffs. 3 its electric market-based rate tariff. 3 document is added to a subscribed The time period for compliance with The time period for compliance with docket(s). For assistance with any FERC the September 18 Order has elapsed. the November 20 Order has elapsed. Online service, please e-mail One company identified in the The company identified in the [email protected], or call September 18 Order (Take Two, LLC) November 20 Order (Flat Earth Energy, (866) 208–3676 (toll free). For TTY, call has failed to file its delinquent Electric LLC) has failed to file its delinquent (202) 502–8659. Quarterly Reports. Electric Quarterly Reports. Comment Date: 5 pm Eastern Time on The Commission hereby revokes this The Commission hereby revokes this October 22, 2009. company’s market-based rate authority company’s market-based rate authority and terminates the electric market-based and terminates the electric market-based Kimberly D. Bose, rate tariff. rate tariff. Secretary. [FR Doc. E9–23863 Filed 10–2–09; 8:45 am] Nathaniel J. Davis, Sr., Nathaniel J. Davis, Sr., BILLING CODE 6717–01–P Deputy Secretary. Deputy Secretary. [FR Doc. E9–23950 Filed 10–2–09; 8:45 am] [FR Doc. E9–23949 Filed 10–2–09; 8:45 am] BILLING CODE 6717–01–P BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory DEPARTMENT OF ENERGY ENVIRONMENTAL PROTECTION Commission Federal Energy Regulatory AGENCY [Docket No. ER02–2001–008; Docket No. ER06–63–000] Commission [EPA–HQ–OAR–2007–0492; FRL–8965–5] [Docket No. ER02–2001–009; Docket No. Draft Documents Related to the Review Electric Quarterly Reports; Take Two, ER07–559–000] LLC; Notice of Revocation of Market- of the National Ambient Air Quality Based Rate Tariffs Electric Quarterly Reports; Flat Earth Standards for Particulate Matter Energy, LLC; Notice of Revocation of AGENCY: Environmental Protection October 23, 2008. Market-Based Rate Tariff On September 18, 2008, the Agency (EPA). Commission issued an order January 2, 2009. ACTION: Notice of extension of comment announcing its intent to revoke the On November 20, 2008, the period. market-based rate authority of two Commission issued an order SUMMARY: The EPA is announcing an public utilities that had failed to file announcing its intent to revoke the extension of the public comment period their required Electric Quarterly market-based rate authority of the above for two draft assessment documents Reports.1 The Commission gave the captioned public utility, which had titled, Risk Assessment to Support the utilities fifteen days in which to file failed to file its required Electric Review of the PM Primary National their overdue Electric Quarterly Reports Quarterly Reports.1 The Commission Ambient Air Quality Standards— or face revocation of their market-based provided the utility fifteen days in External Review Draft and Particulate rate tariffs. which to file its overdue Electric Matter Urban-Focused Visibility In Order No. 2001, the Commission Quarterly Reports or face revocation of Assessment—External Review Draft (74 revised its public utility filing its market-based rate tariff. FR 46589; September 10, 2009). The requirements and established a In Order No. 2001, the Commission EPA is extending the comment period requirement for public utilities, revised its public utility filing that originally was scheduled to end on including power marketers, to file requirements and established a October 15, 2009. The extended Electric Quarterly Reports summarizing requirement for public utilities, comment period will close on the contractual terms and conditions in including power marketers, to file November 9, 2009. The EPA is their agreements for all jurisdictional Electric Quarterly Reports summarizing extending the comment period to services (including market-based power the contractual terms and conditions in provide stakeholders and the public sales, cost-based power sales, and their agreements for all jurisdictional with adequate time to conduct transmission service) and providing services (including market-based power appropriate analysis and prepare transaction information (including rates) sales, cost-based power sales, and meaningful comments. for short-term and long-term power transmission service) and providing sales during the most recent calendar transaction information (including rates) 2 Revised Public Utility Filing Requirements, 2 for short-term and long-term power quarter. Order No. 2001, 67 Fed. Reg. 31,043, FERC Stats. & Regs. ¶ 31,127, reh’g denied, Order No. 2001–A, 1 Electric Quarterly Reports, 124 FERC ¶ 61,242 clarification denied, Order No. 2001–B, 100 FERC 100 FERC ¶ 61,074, reconsideration and (2008) (September 18 Order). ¶ 61,342, order directing filings, Order No. 2001– clarification denied, Order No. 2001–B, 100 FERC 2 Revised Public Utility Filing Requirements, C, 101 FERC ¶ 61,314 (2002). ¶ 61,342, order directing filings, Order No. 2001– Order No. 2001, 67 FR 31,043, FERC Stats. & Regs. 3 September 18 Order at Ordering Paragraph A. C, 101 FERC ¶ 61,314 (2002), order directing filing, ¶ 31,127 (April 25, 2002), reh’g denied, Order No. 1 Electric Quarterly Reports, 125 FERC ¶ 61,203 Order No. 2001–D, 102 FERC ¶ 61,334 (2003). 2001–A, 100 FERC ¶ 61,074, reconsideration and (2008) (November 20 Order). 3 November 20 Order at Ordering Paragraph A.

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DATES: Comments on the above reports able to consider your comment. General Information must be received on or before November Electronic files should avoid the use of A. What Should I Consider as I Prepare 9, 2009. special characters, any form of My Comments for EPA? ADDRESSES: Submit your comments, encryption, and be free of any defects or identified by Docket ID No. EPA–HQ– viruses. For additional information 1. Submitting CBI. Do not submit this OAR–2007–0492, by one of the about EPA’s public docket, visit the EPA information to EPA through http:// following methods: Docket Center homepage at http:// www.regulations.gov or e-mail. Clearly • http://www.regulations.gov: Follow www.epa.gov/epahome/dockets.htm. mark the part or all of the information the on-line instructions for submitting Docket: All documents in the docket that you claim to be CBI. For CBI comments. are listed in the http:// information in a disk or CD–ROM that • E-mail: Comments may be sent by www.regulations.gov index. Although you mail to EPA, mark the outside of the electronic mail (e-mail) to a-and-r- listed in the index, some information is disk or CD–ROM as CBI and then [email protected], Attention Docket ID not publicly available, e.g., CBI or other identify electronically within the disk or No. EPA–HQ–OAR–2007–0492. information whose disclosure is CD–ROM the specific information that • Fax: Fax your comments to 202– restricted by statute. Certain other is claimed as CBI. In addition to one 566–9744, Attention Docket ID. No. material, such as copyrighted material, complete version of the comment that EPA–HQ–OAR–2007–0492. will be publicly available only in hard includes information claimed as CBI, a • Mail: Send your comments to: Air copy. Publicly available docket copy of the comment that does not and Radiation Docket and Information materials are available either contain the information claimed as CBI Center, Environmental Protection electronically in http:// must be submitted for inclusion in the Agency, Mailcode: 2822T, 1200 www.regulations.gov or in hard copy at public docket. Information so marked Pennsylvania Ave., NW., Washington, the Air Docket in the EPA Docket will not be disclosed except in DC 20460, Attention Docket ID No. Center, EPA West, Room 3334, 1301 accordance with procedures set forth in EPA–HQ–OAR–2007–0492. Constitution Ave., NW., Washington, 40 CFR part 2. 2. Tips for Preparing Your Comments. • Hand Delivery or Courier: Deliver DC. This Docket Facility is open from When submitting comments, remember your comments to: EPA Docket Center, 8:30 a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays. The to: 1301 Constitution Ave., NW., Room • Identify the rulemaking by docket 3334, Washington, DC. Such deliveries Docket telephone number is 202–566– 1742; fax 202–566–9744. number and other identifying are only accepted during the Docket’s information (subject heading, Federal FOR FURTHER INFORMATION CONTACT: normal hours of operation, and special For Register date and page number). arrangements should be made for questions related to the draft document • Follow directions—The agency may deliveries of boxed information. titled, Risk Assessment to Support the ask you to respond to specific questions Instructions: Direct your comments to Review of the PM Primary National or organize comments by referencing a Docket ID No. EPA–HQ–OAR–2007– Ambient Air Quality Standards: Code of Federal Regulations (CFR) part 0492. The EPA’s policy is that all External Review Draft (September 2009), or section number. comments received will be included in please contact Dr. Zachary Pekar, Office • Explain why you agree or disagree; the public docket without change and of Air Quality Planning and Standards suggest alternatives and substitute may be made available online at http:// (Mail code C504–06), U.S. language for your requested changes. www.regulations.gov, including any Environmental Protection Agency, • Describe any assumptions and personal information provided, unless Research Triangle Park, NC 27711; provide any technical information and/ the comment includes information e-mail: [email protected]; or data that you used. claimed to be Confidential Business telephone: 919–541–3704; fax: 919– • If you estimate potential costs or Information (CBI) or other information 541–0237. burdens, explain how you arrived at whose disclosure is restricted by statute. For questions related to the draft your estimate in sufficient detail to Do not submit information that you document titled, Particulate Matter allow for it to be reproduced. consider to be CBI or otherwise Urban-Focused Visibility Assessment— • Provide specific examples to protected through http:// External Review Draft (September 2009), illustrate your concerns, and suggest www.regulations.gov or e-mail. The please contact Ms. Vicki Sandiford, alternatives. http://www.regulations.gov Web site is Office of Air Quality Planning and • Explain your views as clearly as an ‘‘anonymous access’’ system, which Standards (Mail code C504–06), U.S. possible, avoiding the use of profanity means EPA will not know your identity Environmental Protection Agency, or personal threats. or contact information unless you Research Triangle Park, NC 27711; • Make sure to submit your provide it in the body of your comment. e-mail: [email protected]; comments by the comment period If you send an e-mail comment directly telephone: 919–541–2629; fax: 919– deadline identified. to EPA without going through http:// 541–0237. SUPPLEMENTARY INFORMATION: Under www.regulations.gov, your e-mail For questions related to the section 108(a) of the Clean Air Act address will be automatically captured preliminary draft document, Policy (CAA), the Administrator identifies and and included as part of the comment Assessment for the Review of the lists certain pollutants which ‘‘cause or that is placed in the public docket and Particulate Matter National Ambient Air contribute to air pollution which may made available on the Internet. If you Quality Standards: Preliminary Draft reasonably be anticipated to endanger submit an electronic comment, EPA (September 2009), please contact Ms. public health or welfare.’’ The EPA then recommends that you include your Beth Hassett-Sipple, Office of Air issues air quality criteria for these listed name and other contact information in Quality Planning and Standards (Mail pollutants, which are commonly the body of your comment and with any code C504–06), U.S. Environmental referred to as ‘‘criteria pollutants.’’ The disk or CD–ROM you submit. If EPA Protection Agency, Research Triangle air quality criteria are to ‘‘accurately cannot read your comment due to Park, NC 27711; e-mail: hassett- reflect the latest scientific knowledge technical difficulties and cannot contact [email protected]; telephone: 919– useful in indicating the kind and extent you for clarification, EPA may not be 541–4605; fax: 919–541–0237. of all identifiable effects on public

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health or welfare which may be February 2009 and were the subject of with this change, EPA will no longer expected from the presence of [a] a consultation with the CASAC on April issue a policy assessment in the form of pollutant in the ambient air, in varying 2, 2009 (74 FR 11580; March 18, 2009). an Advance Notice of Proposed quantities.’’ Under section 109 of the Comments received from the CASAC Rulemaking (ANPR).4 CAA, EPA establishes primary (health- 3 consultation (Samet, 2009) as well as The preliminary draft Policy based) and secondary (welfare-based) public comments on the Scope and Assessment (PA) builds upon national ambient air quality standards Methods Plans have been considered in information presented in the Integrated (NAAQS) for pollutants for which air developing the draft assessment quality criteria are issued. Section Science Assessment for Particulate documents being released at this time. 5 109(d) of the CAA requires periodic The draft documents announced on Matter (Second External Review Draft) review and, if appropriate, revision of September 10, 2009 (74 FR 46589) and the two draft assessment documents existing air quality criteria. The revised convey the approaches taken to assess described above. This preliminary draft air quality criteria reflect advances in exposures to ambient PM and to PA includes several chapters but is not scientific knowledge on the effects of characterize associated health risks or intended to be a complete draft PA the pollutant on public health or urban visibility impairment, as well as document in that it does not include welfare. The EPA is also required to present the initial key results, staff conclusions on a range of policy periodically review and revise the observations, and related uncertainties options that could be appropriate for the NAAQS, if appropriate, based on the associated with the quantitative Administrator to consider concerning revised criteria. analyses performed. These draft whether, and if so how, to revise the Air quality criteria have been documents were made available on primary and secondary PM NAAQS. It established for particulate matter (PM) September 8, 2009, through the is instead being released for and NAAQS have been established for Agency’s Technology Transfer Network informational purposes to facilitate a PM2.5 and PM10 to provide protection (TTN) Web site at http://www.epa.gov/ discussion with CASAC on the overall from fine and coarse particles, _ _ ttn/naaqs/standards/pm/s pm structure, areas of focus, and level of respectively. Presently, EPA is index.html. These documents may be detail to be included in an external reviewing the air quality criteria and accessed in the ‘‘Documents from review draft of the document, which NAAQS for PM. The EPA’s overall plan Current Review’’ section under ‘‘Risk and schedule for this review is EPA plans to release for CASAC review and Exposure Assessments.’’ The EPA is and public comment later this year. presented in the Integrated Review Plan soliciting advice and recommendations for the National Ambient Air Quality from the CASAC by means of a review The preliminary draft PA may be Standards for Particulate Matter.1 A of the draft documents at an upcoming accessed online through EPA’s TTN draft of the integrated review plan was public meeting of the CASAC scheduled Web site at http://www.epa.gov/ttn/ released for public review and comment in Chapel Hill, NC. Information about naaqs/standards/pm/s_pm_index.html. in October 2007 and was the subject of this public meeting was published as a This document may be accessed in the a consultation with the Clean Air separate notice in the Federal Register ‘‘Documents from Current Review’’ Scientific Advisory Committee (CASAC) on September 10, 2009 (74 FR 46586). section under ‘‘Policy Assessments.’’ on November 30, 2007 (72 FR 63177; Following the CASAC meeting, EPA The discussion with CASAC on this November 8, 2007). Comments received will consider comments received from preliminary draft PA will be held at the from that consultation and from the the CASAC and the public in preparing same meeting that CASAC will review public were considered in finalizing the revisions to these assessment the second draft Integrated Science plan and in beginning the review of the documents. air quality criteria. Assessment (ISA) and the two draft In addition, on September 16, 2009, assessment documents described above. As part of EPA’s review of the EPA made available a third draft primary (health-based) and secondary document titled, Policy Assessment for The draft documents briefly described (welfare-based) PM NAAQS, the Agency the Review of the National Ambient Air above do not represent and should not is conducting quantitative assessments Quality Standards: Preliminary Draft. be construed to represent any final EPA characterizing (1) the health risks The development of this document is a policy, viewpoint, or determination. associated with exposure to ambient PM result of recent changes to the NAAQS The EPA will consider any public and (2) urban visibility impairment review process. On May 21, 2009, comments submitted in response to this associated with PM. The EPA’s plans for Administrator Jackson called for key notice when revising the documents. conducting these assessments, including changes to the NAAQS review process the proposed scope and methods of the Dated: September 28, 2009. including reinstating a policy analyses, were presented in two Jennifer Noonan Edmonds, assessment document that contains staff planning documents titled, Particulate analyses of the scientific bases for Acting Director, Office of Air Quality Planning Matter National Ambient Air Quality and Standards. alternative policy options for Standards: Scope and Methods Plan for consideration by senior Agency [FR Doc. E9–23940 Filed 10–2–09; 8:45 am] Health Risk and Exposure Assessment BILLING CODE 6560–50–P and Particulate Matter National management prior to rulemaking. This Ambient Air Quality Standards: Scope document, which builds upon the and Methods Plan for Urban Visibility historical ‘‘Staff Paper,’’ will serve to Impact Assessment (henceforth, Scope ‘‘bridge the gap’’ between the scientific and Methods Plans).2 These documents information and the judgments required were released for public comment in of the Administrator in determining whether it is appropriate to retain or 4 See http://www.epa.gov/ttn/naaqs/review.html for a copy of Administrator Jackson’s May 21, 2009 1 EPA 452R–08–004; March 2008; Available: revise the standards. In conjunction memorandum and for additional information on the http://www.epa.gov/ttn/naaqs/standards/pm/ s_pm_2007_pd.html. 3 See http://yosemite.epa.gov/sab/ NAAQS review process. 2 EPA–452/P–09–001 and –002; February 2009; SABPRODUCT.NSF/81e39f4c09954fcb85256 5 EPA/600/R–08/139B; July 2009; Available: Available: http://www.epa.gov/ttn/naaqs/ ead006be86e/350899ec13455294852 http://www.epa.gov/ttn/naaqs/standards/pm/s_pm_ standards/pm/s_pm_2007_pd.html. 5746600691de5!OpenDocument&TableRow=2.3#2. 2007_isa.html.

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ENVIRONMENTAL PROTECTION SUMMARY: The Export-Import Bank of Street, SW., Washington, DC or may be AGENCY the United States (Ex-Im Bank), as a part purchased from the Commission’s copy of its continuing effort to reduce contractor, Best Copy and Printing, Inc. [FRL–8965–6; Docket ID No. EPA–HQ–ORD– paperwork and respondent burden, (BCPI) (1–800–378–3160). Oppositions 2007–0517] invites the general public and other to this petition must be filed by October Extension of Public Comment Period: Federal Agencies to comment on the 20, 2009. See Section 1.4(b)(1) of the Second External Review Draft proposed information collection, as Commission’s rules (47 CFR 1.4(b)(1)). Integrated Science Assessment for required by the Paperwork Reduction Replies to an opposition must be filed Particulate Matter Act of 1995. within 10 days after the time for filing Our customers will be able to submit oppositions have expired. AGENCY: Environmental Protection this form on paper or electronically. The Subject: In the Matter of Amendment Agency (EPA). information collected will be used to of Section 73.622(b), Final DTV Table of ACTION: Notice; correction. make a determination of eligibility Allotments, Television Broadcast under the Export Import Bank’s Stations (Fond du Lac, Wisconsin) (MB SUMMARY: The EPA published a notice medium-term insurance and guarantee Docket No. 09–115). in the Federal Register of Monday, programs. Number of Petitions Filed: 1. August 31, 2009 (74 FR, 44842–44843), DATES: Comments should be received on Federal Communications Commission. announcing the extension of the public or before November 4, 2009 to be Marlene H. Dortch, comment period for the ‘‘Integrated assured of consideration. Secretary. Science Assessment for Particulate Matter—Second External Review Draft’’ ADDRESSES: Direct all comments to: [FR Doc. E9–23927 Filed 10–2–09; 8:45 am] (EPA/600/R–08/139B and EPA/600/R– Office of Management and Budget, BILLING CODE 6712–01–P 08/139BA). The closing date of the Office of Information and Regulatory extended comment period is a Federal Affairs, 725 17th Street, NW., holiday, October 12, 2009. Thus, the Washington, DC 20038 OMB Number FEDERAL TRADE COMMISSION comment period is being extended to 3048–0014. [File No. 901 0086] October 13, 2009. SUPPLEMENTARY INFORMATION: Titles and Form Number: EIB 03–02. FOR FURTHER INFORMATION CONTACT: Dr. K+S Aktiengesellschaft; Analysis of Lindsay Wichers Stanek, NCEA; Medium Term Insurance or Guarantee Agreement Containing Consent Order telephone: 919–541–7792; fax: 919– Application. to Aid Public Comment 541–2985; or e-mail: OMB Number: 3048–0014. [email protected]. Type of Review: Regular. AGENCY: Federal Trade Commission. Need and Use: The information ACTION: Proposed Consent Agreement. Correction collected will be used to make a In the Federal Register of August 31, determination of eligibility under the SUMMARY: The consent agreement in this 2009, in FR Doc. FRL–8951–4, on page Export Import Bank’s medium-term matter settles alleged violations of 44842, in the second column, correct insurance and guarantee program. federal law prohibiting unfair or the DATES caption to read: Affected Public: This form affects deceptive acts or practices or unfair entities involved in the export of U.S. methods of competition. The attached DATES: The public comment period goods and services. Analysis to Aid Public Comment started on July 31, 2009 (74 FR 38185). Annual Number of Respondents: 400. describes both the allegations in the This notice announces the extension of Estimated Time per Respondent: 1.5 draft complaint and the terms of the the deadline for public comment from hours. consent order — embodied in the October 12, 2009, to October 13, 2009. Government Annual Burden Hours: consent agreement — that would settle Comments must be received on or 300. these allegations. before October 13, 2009. Frequency of Reporting or Use: As DATES: Comments must be received on Dated: September 23, 2009. needed to request support for a or before October 26, 2009. Rebecca Clark, medium-term export sale. ADDRESSES: Interested parties are Acting Director, National Center for Sharon A. Whitt, invited to submit written comments Environmental Assessment. Agency Clearance Officer. electronically or in paper form. [FR Doc. E9–23943 Filed 10–2–09; 8:45 am] [FR Doc. E9–23880 Filed 10–2–09; 8:45 am] Comments should refer to‘‘K+S BILLING CODE 6560–50–P BILLING CODE 6690–01–P International Salt, File No. 901 0086’’ to facilitate the organization of comments. Please note that your comment — EXPORT-IMPORT BANK OF THE U.S. including your name and your state — FEDERAL COMMUNICATIONS will be placed on the public record of COMMISSION [Public Notice 123] this proceeding, including on the Agency Information Collection Petition for Reconsideration of Action publicly accessible FTC website, at Activities: Final Collection; Comment in Rulemaking Proceeding (http://www.ftc.gov/os/ Request publiccomments.shtm). September 11, 2009. Because comments will be made AGENCY: Export-Import Bank of the U.S. A Petition for Reconsideration has public, they should not include any ACTION: Submission for OMB Review been filed in the Commission’s sensitive personal information, such as and Comments Request. Rulemaking proceeding listed in this an individual’s Social Security Number; Public Notice and published pursuant to date of birth; driver’s license number or Form Title: Application for Medium- 47 CFR 1.429(e). The full text of this other state identification number, or Term Insurance or Guarantee (EIB 03– document is available for viewing and foreign country equivalent; passport 02). copying in Room CY–B402, 445 12th number; financial account number; or

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credit or debit card number. Comments Commission administers permit the Aktiengesellschaft (‘‘K+S’’), and its also should not include any sensitive collection of public comments to subsidiary, International Salt Company health information, such as medical consider and use in this proceeding as LLC (‘‘ISCO’’), that is designed to records or other individually appropriate. The Commission will remedy the anticompetitive effects that identifiable health information. In consider all timely and responsive would otherwise result from K+S’s addition, comments should not include public comments that it receives, proposed acquisition of Morton any ‘‘[t]rade secret or any commercial or whether filed in paper or electronic International, Inc. (‘‘Morton’’), from The financial information which is obtained form. Comments received will be Dow Chemical Company (‘‘Dow’’). from any person and which is privileged available to the public on the FTC Under the terms of the proposed or confidential. . . .,’’ as provided in website, to the extent practicable, at Consent Agreement, K+S is required to Section 6(f) of the FTC Act, 15 U.S.C. (http://www.ftc.gov/os/ divest assets related to its bulk de-icing 46(f), and Commission Rule 4.10(a)(2), publiccomments.shtm). As a matter of salt business in Maine to an up-front 16 CFR 4.10(a)(2). Comments containing discretion, the Commission makes every buyer, Eastern Salt Company, Inc. material for which confidential effort to remove home contact (‘‘Eastern Salt’’ or ‘‘Maine Purchaser’’), treatment is requested must be filed in information for individuals from the and to divest assets related to its bulk paper form, must be clearly labeled public comments it receives before de-icing salt business in Connecticut to ‘‘Confidential,’’ and must comply with placing those comments on the FTC an up-front buyer, Granite State FTC Rule 4.9(c), 16 CFR 4.9(c).1 website. More information, including Minerals, Inc. (‘‘Granite State’’ or Because paper mail addressed to the routine uses permitted by the Privacy ‘‘Connecticut Purchaser’’). FTC is subject to delay due to Act, may be found in the FTC’s privacy The proposed Consent Agreement has heightened security screening, please policy, at (http://www.ftc.gov/ftc/ been placed on the public record for consider submitting your comments in privacy.shtm). thirty (30) days to solicit comments electronic form. Comments filed in FOR FURTHER INFORMATION CONTACT: Jill from interested persons. Comments electronic form should be submitted by Frumin, Bureau of Competition, 600 received during this period will become using the following weblink: (https:// Pennsylvania Avenue, NW, Washington, part of the public record. After thirty public.commentworks.com/ftc/ D.C. 20580, (202) 326-2458. (30) days, the Commission will again review the proposed Consent Agreement mortonsalt) and following the SUPPLEMENTARY INFORMATION: Pursuant and will decide whether it should instructions on the web-based form. To to section 6(f) of the Federal Trade withdraw from the proposed Consent ensure that the Commission considers Commission Act, 38 Stat. 721, 15 U.S.C. Agreement, modify it, or make final the an electronic comment, you must file it 46(f), and § 2.34 the Commission Rules Decision and Order (‘‘Order’’). on the web-based form at the weblink: of Practice, 16 CFR 2.34, notice is (https://public.commentworks.com/ftc/ Pursuant to a Stock Purchase hereby given that the above-captioned Agreement dated April 1, 2009 (the mortonsalt). If this Notice appears at consent agreement containing a consent ‘‘Agreement’’), K+S proposes to acquire (http://www.regulations.gov/search/ order to cease and desist, having been Morton from Dow for approximately index.jsp), you may also file an filed with and accepted, subject to final $1.675 billion (the ‘‘Acquisition’’). The electronic comment through that approval, by the Commission, has been Commission’s complaint alleges that the website. The Commission will consider placed on the public record for a period proposed Acquisition, if consummated, all comments that regulations.gov of thirty (30) days. The following would violate Section 7 of the Clayton forwards to it. You may also visit the Analysis to Aid Public Comment Act, as amended, 15 U.S.C. § 18, and FTC website at (http://www.ftc.gov/) to describes the terms of the consent Section 5 of the Federal Trade read the Notice and the news release agreement, and the allegations in the Commission Act, as amended, 15 U.S.C. describing it. complaint. An electronic copy of the A comment filed in paper form full text of the consent agreement § 45, by lessening competition in Maine should include the ‘‘K+S International package can be obtained from the FTC and Connecticut for the sale and Salt, File No. 901 0086’’ reference both Home Page (for September 25, 2009), on delivery of bulk de-icing road salt. in the text and on the envelope, and the World Wide Web, at (http:// II. The Parties should be mailed or delivered to the www.ftc.gov/os/actions.shtm). A paper K+S is currently one of the world’s following address: Federal Trade copy can be obtained from the FTC leading suppliers of salt products. K+S Commission, Office of the Secretary, Public Reference Room, Room 130-H, sells salt into the United States through Room H-135 (Annex D), 600 600 Pennsylvania Avenue, NW, its U.S. subsidiary, ISCO. Morton, Pennsylvania Avenue, NW, Washington, Washington, D.C. 20580, either in headquartered in Chicago, Illinois, and DC 20580. The FTC is requesting that person or by calling (202) 326-2222. a wholly-owned subsidiary of Dow, is a any comment filed in paper form be sent Public comments are invited, and may leading salt vendor in North America. by courier or overnight service, if be filed with the Commission in either Morton produces consumer salt, possible, because U.S. postal mail in the paper or electronic form. All comments industrial salt, and de-icing salt. The Washington area and at the Commission should be filed as prescribed in the acquisition of Morton will make K+S is subject to delay due to heightened ADDRESSES section above, and must be the largest producer and distributor of security precautions. received on or before the date specified de-icing road salt for customers in The Federal Trade Commission Act in the DATES section. Maine and Connecticut. (‘‘FTC Act’’) and other laws the Analysis of Agreement Containing III. The Proposed Complaint 1 Consent Order to Aid Public Comment The comment must be accompanied by an According to the Commission’s explicit request for confidential treatment, I. Introduction including the factual and legal basis for the request, proposed Complaint, the relevant and must identify the specific portions of the The Federal Trade Commission product market in which to assess the comment to be withheld from the public record. (‘‘Commission’’) has accepted, subject to competitive effects of the proposed The request will be granted or denied by the Commission’s General Counsel, consistent with final approval, an Agreement Acquisition is the sale and delivery of applicable law and the public interest. See FTC Containing Consent Order (‘‘Consent bulk de-icing salt. The evidence Rule 4.9(c), 16 CFR 4.9(c). Agreement’’) from K+S indicates that there are no practical

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substitutes for bulk de-icing salt to melt qualified buyer of the Maine Divestiture Connecticut Divestiture Assets and to snow and ice. The relevant geographic Assets and is well situated to replace prevent the destruction, removal, markets in which to assess the impact the competition Morton provided in the wasting, deterioration, or impairment of of the proposed Acquisition are the state. Eastern Salt is a family-owned those assets prior to divestiture. states of Maine and Connecticut. company that has been a de-icing salt In order to ensure that the The relevant markets are highly supplier in other geographic markets Commission remains informed about concentrated. ISCO and Morton are the along the East Coast for roughly 60 the status of the divestitures, the two principal bidders in the states of years. Eastern Salt is a vertically- proposed Consent Agreement requires Maine and Connecticut for the sale and integrated supplier with a dependable, K+S and ISCO to file reports with the delivery of bulk de-icing salt. Post high-quality supply of de-icing salt. Commission periodically until the acquisition, the combined entity will With the divested assets, Eastern Salt divestitures are completed. Written have a market share exceeding 70 will be well positioned to compete for reports describing how K+S and ISCO percent in both Maine and Connecticut. future business in Maine and to deliver are complying with the Order must be Post-merger HHIs for Maine and salt to customers in a timely manner. filed one year after the Order becomes Connecticut are 5,142 and 5,834, and The Commission has preliminarily final and annually for the next three (3) the acquisition will increase HHI levels determined that Granite State is a well- years. by 1,914 and 2,642, respectively. These qualified buyer of the Connecticut The purpose of this analysis is to market concentration levels far exceed Divestiture Assets and is well situated facilitate public comment on the the thresholds set forth in the to replace the competition Morton proposed Consent Agreement, and it is Horizontal Merger Guidelines and thus provided in the state. Granite State has not intended to constitute an official create a presumption that the proposed experience supplying de-icing salt to interpretation of the proposed Consent merger will create or enhance market customers in a number of states along Agreement or to modify its terms in any power. the East Coast. The Consent Agreement way. Entry into the relevant markets is requires ISCO to provide Granite State By direction of the Commission. difficult because, among other things, with a three-year supply of bulk de- there is a lack of acceptable stockpile icing salt at no more than ISCO’s costs. Donald S. Clark space along the coasts of Maine and The supply requirement will ensure that Secretary. Connecticut. As a result, new entry Granite State has a supply of salt in [FR Doc. E9–23826 Filed 10–2–09: 6:40 am] sufficient to achieve a significant market Connecticut during the 2010-2011 and BILLING CODE: 6750–01–S impact within two years is unlikely. 2011-2012 bid cycles while Granite Finally, the Complaint alleges that the State develops the necessary supply proposed Acquisition will reduce arrangements to serve Connecticut competition in the relevant markets by customers in subsequent years. With the DEPARTMENT OF HEALTH AND eliminating direct and substantial divested assets, Granite State will be HUMAN SERVICES competition between ISCO and Morton, well positioned to compete for future Office of the Secretary and by increasing the likelihood that business in Connecticut and to deliver ISCO would increase prices either salt to customers in a timely manner. Pandemic Influenza Vaccines— unilaterally or through coordinated The proposed Consent Agreement Amendment interaction with the few remaining firms requires that the divestitures occur no in the relevant markets. later than twenty (20) days after the Authority: 42 U.S.C. 247d–6d. Acquisition is consummated. However, IV. The Consent Agreement if ISCO divests the assets to Eastern Salt ACTION: Notice of first amendment to the To preserve the competition that or Granite State during the public June 15, 2009 Republished Declaration otherwise would be eliminated by the comment period, and if, at the time the under the Public Readiness and Acquisition, the proposed Consent Commission decides to make the Order Emergency Preparedness Act. Agreement requires ISCO to divest to final, the Commission notifies K+S or SUMMARY: Amendment to declaration Commission-approved buyers, Eastern ISCO that either purchaser is not an issued on June 15, 2009 (74 FR 30294) Salt and Granite State, assets sufficient acceptable acquirer or that the asset pursuant to section 319F–3 of the Public to enable these buyers to become viable purchase agreement with the Maine Health Service Act (42 U.S.C. 247d–6d) competitors for the de-icing salt Purchaser or Connecticut Purchaser is to provide targeted liability protections business in the relevant markets not an acceptable manner of divestiture, for pandemic countermeasures to add beginning with the 2010-2011 bidding then ISCO must immediately rescind provisions consistent with other cycle. ISCO will divest to Eastern Salt the transaction in question and divest declarations issued under this authority the Maine Divestiture Assets, including: those assets to another buyer within six that may facilitate vaccination 1) stockpile space in the state, 2) all (6) months of the date the Order campaigns, and republication of the associated handling and trucking becomes final. At that time, declaration to reflect the declaration in contracts, and 3) a book of de-icing salt Respondents must divest those assets its entirety, as amended. business for the 2009-2010 winter only to an acquirer and in a manner that season. ISCO will divest to Granite State receives the prior approval of the DATES: The first amendment of the the Connecticut Divestiture Assets, Commission. The proposed Consent republished declaration issued on June including: 1) stockpile space in the Agreement also enables the Commission 15, 2009 is effective as of September 28, state, 2) all associated handling and to appoint a trustee to divest any assets 2009. trucking contracts, 3) a book of de-icing identified in the Order that K+S or ISCO FOR FURTHER INFORMATION CONTACT: salt business for the 2009-2010 winter has not divested to satisfy the Nicole Lurie, MD, MSPH, Assistant season, and 4) a three-year supply of de- requirements of the Order. Secretary for Preparedness and icing salt at a price that is no more than The proposed Consent Agreement Response, Office of the Secretary, ISCO’s costs. further requires K+S and ISCO to Department of Health and Human The Commission has preliminarily maintain the viability and marketability Services, 200 Independence Avenue, determined that Eastern Salt is a well- of the Maine Divestiture Assets and the SW., Washington, DC 20201, Telephone

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(202) 205–2882 (this is not a toll-free countermeasures with respect to the public health and medical response of number). category of disease and population the Authority Having Jurisdiction to HHS Secretary’s Amendment to the described in sections II and IV of the prescribe, administer, deliver, distribute June 15, 2009 Republished Declaration republished Original Declaration, and or dispense the pandemic for the Use of the Public Readiness and have found it desirable to encourage countermeasures following a declaration Emergency Preparedness Act for H5N1, such activities for these additional of an emergency, as defined in section H2, H6, H9 and 2009–H1N1 Vaccines: covered countermeasures, and; IX below. Whereas, on April 26, 2009, Acting Whereas, to encourage the design, In section III, add a second paragraph Secretary Charles Johnson determined development, clinical testing or as follows: ‘‘With respect to Covered under section 319 of the Public Health investigation, manufacturing and Countermeasures administered and Service Act, (42 U.S.C. 247d) (‘‘the product formulation, labeling, used in accordance with the public Act’’), that a public health emergency distribution, packaging, marketing, health and medical response of the exists nationwide involving the Swine promotion, sale, purchase, donation, Authority Having Jurisdiction, the influenza A virus that affects or has dispensing, prescribing, administration, effective period of time of this significant potential to affect the licensing, and use of medical Declaration commences on the date of a national security (now called ‘‘2009– countermeasures with respect to the declaration of an emergency and lasts H1N1 influenza’’); category of disease and population through and includes the final day that Whereas, on July 24, 2009, I renewed described in sections II and IV of the the emergency declaration is in effect the determination by the Acting June 15, 2009 Republished Declaration, including any extensions thereof; except Secretary that a public health as hereby amended, it is advisable, in that with respect to 2009 H1N1 emergency exists nationwide involving accordance with section 319F–3(a) and influenza vaccine, the effective period the Swine influenza A virus (now called (b) of the Act, to provide immunity from commences on June 15, 2009 and ‘‘2009–H1N1 influenza’’); liability for covered persons, as that extends through March 31, 2013.’’ Whereas, the World Health term is defined at section 319F–3(i)(2) of Section VI, strike the second sentence Organization has established a the Act, and to include as such covered and insert after the first sentence: Pandemic alert phase 6 for the 2009– persons other qualified persons as I ‘‘Additional persons who are qualified H1N1 influenza virus currently have identified in section VI of the June persons pursuant to section 319F– circulating worldwide; 15, 2009 Republished Declaration, as 3(i)(8)(B) are the following: (1) Any Whereas, vaccination may be effective amended; person authorized in accordance with to protect persons from the threat of Therefore, pursuant to section 319F– the public health and medical pandemic influenza; 3(b) of the Act, I have determined that emergency response of the Authority Whereas, provisions that appear in 2009–H1N1 influenza and resulting Having Jurisdiction to prescribe, other declarations issued pursuant to disease constitutes a public health administer, deliver, distribute or section 319F–3 of the Public Health emergency. In order to aid States, dispense Covered Countermeasures, and Service Act (42 U.S.C. 247d–6d) may Tribes, localities and other entities in their officials, agents, employees, assist in vaccination efforts; vaccination campaigns, to make this contractors and volunteers, following a Whereas, Secretary Michael O. Leavitt Declaration consistent with other declaration of an emergency, and (2) issued a Declaration for the Use of the Declarations issued pursuant to section Any person authorized to prescribe, Public Readiness and Emergency 319F–3 of the Public Health Service Act administer, or dispense Covered Preparedness Act dated January 26, (42 U.S.C. 247d–6d) and to correct a Countermeasures or who is otherwise 2007 (‘‘Original Declaration’’), as previous, minor, editorial error, the June authorized under an Emergency Use amended on November 30, 2007 and 15, 2009 Republished Declaration, is Authorization.’’ October 17, 2008 with respect to certain hereby amended as follows: After Section VII, insert new Section avian influenza viruses; In the title, add ‘‘H7’’ before ‘‘or H9’’. VIII as follows and renumber Whereas, I amended the declaration After the fifth ‘‘whereas’’ clause, subsequent sections: on June 15, 2009 which was republished insert two new recitals as follows: VIII. Compensation Fund in its entirety; Whereas, on July 24, 2009, I renewed Whereas, modifications are necessary the determination by the Acting In addition to conferring immunity to to aid States, Tribes, localities and other Secretary that a public health manufacturers, distributors, and entities in conducting vaccination emergency exists nationwide involving administrators of the Covered campaigns to make this declaration the Swine influenza A virus (now called Countermeasures, the Act provides consistent with other declarations ‘‘2009–H1N1 influenza virus’’); benefits to certain individuals who issued pursuant to section 319F–3 of the Whereas, vaccination may be effective sustain a covered injury as the direct Public Health Service Act (42 U.S.C. to protect persons from the threat of result of the administration of the 247d–6d), and to correct a previous, pandemic influenza; Covered Countermeasure. The minor, editorial error; In section I, second paragraph, strike Countermeasure Injury Compensation Whereas, the findings I made in the the second sentence, and insert after the Program (CICP) within the Health declaration issued on June 15, 2009 first sentence: ‘‘The immunity specified Resources and Services Administration continue to apply; in section 319F–3(a) of the Act shall (HRSA) administers the Act’s Whereas, in accordance with section only be in effect with respect to: (1) compensation program. Information 319F–3(b)(6) of the Act (42 U.S.C. 247d– Present or future Federal contracts, about the CICP is available at 1–888– 6d(b)), I have considered the desirability cooperative agreements, grants, 275–4772 or http://www.hrsa.gov/ of encouraging the design, development, interagency agreements, or memoranda countermeasurescomp/default.htm. clinical testing or investigation, of understanding for pandemic Section VIII, strike the first sentence manufacturing, labeling, distribution, countermeasure influenza A H5N1, H2, and insert: ‘‘The Declaration for the Use formulation, packaging, marketing, H6, H7, H9, and 2009 H1N1 vaccines of the Public Readiness and Emergency promotion, sale, purchase, donation, used and administered in accordance Preparedness Act for H5N1 was dispensing, prescribing, administration, with this Declaration, and (2) activities published on January 26, 2007; licensing, and use of additional covered authorized in accordance with the amended on November 30, 2007 to add

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H7 and H9 vaccines; amended on Human Outbreaks in Multiple Locations Whereas, on July 24, 2009, I renewed October 17, 2008 to add H2 and H6 Overseas.’’ the determination by the Acting vaccines; amended on June 15, 2009 to Appendix I, ‘‘I. List of U.S Secretary that a public health add 2009 H1N1 vaccines and Government Contracts—Covered H5N1 emergency exists nationwide involving republished in its entirety.’’ Vaccine Contracts,’’ title, add ‘‘, H2, H6, the Swine influenza A virus (now called Section IX, strike in its entirety, and H9, and 2009–H1N1’’ after ‘‘H5N1’’; ‘‘2009–H1N1 influenza virus’’); insert: ‘‘For the purpose of this delete ‘‘[January 26, 2007]’’ and add to Whereas, vaccination may be effective Declaration, including any claim for loss the end of the list, ‘‘32. All present, to protect persons from the threat of brought in accordance with section completed and future Government pandemic influenza; 319F–3 of the PHS Act against any H5N1, H2, H6, H9, and 2009–H1N1 Whereas, the possibility of covered persons defined in the Act or vaccine contracts not otherwise listed.’’ governmental program planners this Declaration, the following All other provisions of the June 15, obtaining stockpiles from private sector definitions will be used: 2009 Republished Declaration remain in entities except through voluntary means Administration of a Covered full force. such as commercial sale, donation, or Countermeasure: As used in section Republication of HHS Secretary’s June deployment would undermine national 319F–3(a)(2)(B) of the Act includes, but 15, 2009 Republished Declaration, as preparedness efforts and should be is not limited to, public and private Amended, for the Use of the Public discouraged as provided for in section delivery, distribution, and dispensing Readiness and Emergency Preparedness 319F–3(b)(2)(E) of the Public Health activities relating to physical Act for H5N1, H2, H6, H9, and 2009 Service Act (42 U.S.C. 247d–6d(b)) (‘‘the Act’’); administration of the countermeasures H1N1 Vaccines. to recipients, management and Whereas, immunity under section To the extent any term of the June 15, operation of delivery systems, and 319F–3(a) of the Act should be available 2009 Republished Declaration, as management and operation of to governmental program planners for hereby amended, is inconsistent with distribution and dispensing locations. distributions of Covered Authority Having Jurisdiction: Means any provision of this Republished Countermeasures obtained voluntarily, the public agency or its delegate that has Declaration, the terms of this such as by (1) donation; (2) commercial legal responsibility and authority for Republished Declaration are controlling. sale; (3) deployment of Covered responding to an incident, based on HHS Secretary’s Declaration for the Use Countermeasures from Federal political or geographical (e.g., city, of the Public Readiness and Emergency stockpiles; or (4) deployment of county, Tribal, State, or Federal Preparedness Act for H5N1, H2, H6, H7, donated, purchased, or otherwise boundary lines) or functional (e.g. law H9, and 2009–H1N1 Vaccines voluntarily obtained Covered enforcement, public health) range or Countermeasures from State, local, or sphere of authority. Whereas highly pathogenic avian private stockpiles; Covered Persons: As defined at influenza A H5N1, H7, and H9 have Whereas, the extent of immunity section 319F–3(i)(2) of the Act, include spread by infected migratory birds and under section 319F–3(a) of the Act the United States, manufacturers, exports of live poultry from Asia afforded to a governmental program distributors, program planners, and through Europe and Africa since 2004, planner that obtains Covered qualified persons. The terms and could spread into North America in Countermeasures except through ‘‘manufacturer,’’ ‘‘distributor,’’ 2006 or later, and have caused disease voluntary means is not intended to ‘‘program planner,’’ and ‘‘qualified in humans with an associated high case affect the extent of immunity afforded person’’ are further defined at sections fatality upon infection with this virus; other covered persons with respect to 319F–3(i)(3), (4), (6), and (8) of the Act. Whereas, the H2 class of influenza such covered countermeasures; Declaration of Emergency: A viruses, which caused the human Whereas, to encourage the design, declaration by any authorized local, influenza pandemic of 1957 and development, clinical testing or regional, State, or Federal official of an reappeared recently in U.S. animals investigation, manufacturing and emergency specific to events that including swine, is viewed as a likely product formulation, labeling, indicate an immediate need to candidate to re-evolve into an influenza distribution, packaging, marketing, administer and use pandemic strain capable of causing a pandemic of promotion, sale, purchase, donation, countermeasures, with the exception of human influenza; dispensing, prescribing, administration, a Federal declaration in support of an Whereas, the H6 class of influenza licensing, and use of medical emergency use authorization under viruses, which appeared recently in countermeasures with respect to the section 564 of the FDCA unless such animals including domestic fowl, is category of disease and population declaration specifies otherwise. viewed as a likely candidate to evolve described in section II and IV it is Pandemic Phase: the following stages, into an influenza strain capable of advisable, in accordance with section as defined in the National Strategy for causing a pandemic of human influenza; 319F–3(a) and (b) of the Act, to provide Pandemic Influenza: Implementation Whereas, an H5N1, H2, H6, H7 or H9 immunity from liability for covered Plan (Homeland Security Council, May avian influenza virus may evolve into persons, as that term is defined at 2006): (4) First Human Case in North strain capable of causing a pandemic of section 319F–3(i)(2) of the Act, and to America; and (5) Spread Throughout human influenza; include as such covered persons such United States. Whereas, on April 26, 2009, Acting other qualified persons as I have Pre-pandemic Phase: the following Secretary Charles E. Johnson identified in section VI; stages, as defined in the National determined under section 319 of the Whereas, in accordance with section Strategy for Pandemic Influenza: Public Health Service Act, (42 U.S.C. 319F–3(b)(6) of the Public Health Implementation Plan (Homeland 247d), that a public health emergency Service Act (42 U.S.C. 247d–6d(b)) (‘‘the Security Council, May 2006): (0) New exists nationwide involving the Swine Act’’), I have considered the desirability Domestic Animal Outbreak in At-Risk Influenza A virus that affects or has of encouraging the design, development, Country; (1) Suspected Human Outbreak significant potential to affect the clinical testing or investigation, Overseas; (2) Confirmed Human national security (now called ‘‘2009– manufacturing and product formulation, Outbreak Overseas; and (3) Widespread H1N1 influenza’’); labeling, distribution, packaging,

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marketing, promotion, sale, purchase, section 319F–3(a) of the Act shall, in The populations specified in this donation, dispensing, prescribing, accordance with section 319F–3(b)(2)(E) Declaration are the following: (1) All administration, licensing, and use of of the Act, be in effect pursuant to any persons who use a Covered medical countermeasures with respect means of distribution. Countermeasure or to whom such a to the category of disease and This Declaration shall subsequently Covered Countermeasure is population described in sections II and refer to the countermeasures identified administered as an Investigational New IV below, and have found it desirable to above as Covered Countermeasures. Drug in a human clinical trial encourage such activities for the This Declaration shall apply to all conducted directly by the Federal Covered Countermeasures; Covered Countermeasures administered Government, or pursuant to a contract, Therefore, pursuant to section 319F– or used during the effective time period grant or cooperative agreement with the 3(b) of the Act, I have determined there of the Declaration. Federal Government; (2) all persons is a credible risk that the spread of avian who use a Covered Countermeasure or II. Category of Disease (as Required by influenza viruses and resulting disease to whom such a Countermeasure is Section 319F–3(b)(2)(A) of the Act) could in the future constitute a public administered in a pre-pandemic phase, health emergency, and that 2009 H1N1 The category of disease for which I am as defined below; and/or (3) all persons influenza constitutes a public health recommending the administration or who use a Covered Countermeasure, or emergency. use of the Covered Countermeasures is to whom such a Covered the threat of or actual human influenza I. Covered Countermeasures (as Countermeasure is administered in a that results from the infection of pandemic phase, as defined below. Required by Section 319F–3(b)(1) of the humans following exposure to the virus Act) with (1) highly pathogenic avian V. Geographic Area (as Required by Covered Countermeasures are defined influenza A (H5N1, H2, H6, H7, or H9) Section 319F–3(b)(2)(D) of the Act) at section 319F–3(i) of the Act. virus; or (2) 2009 H1N1 influenza. Section 319F–3(a) applies to the At this time, and in accordance with administration and use of a Covered the provisions contained herein, I am III. Effective Time Period (as Required Countermeasure without geographic recommending the manufacture, testing, by Section 319F–3(b)(2)(B) of the Act) limitation. development, distribution, dispensing; The effective period of time of this and, with respect to the category of Declaration commences on December 1, VI. Other Qualified Persons (as disease and population described in 2006 and extends through February 28, Required by Section 319F–3(i)(8)(B) of sections II and IV, below, the 2010; except that with respect to 2009 the Act) administration and usage of the H1N1 influenza vaccine, the effective With regard to the administration or pandemic countermeasures influenza A period commences on June 15, 2009 and use of a Covered Countermeasure, H5N1, H2, H6, H7, H9, and 2009 H1N1 extends through March 31, 2013. Section 319F–3(i)(8)(A) of the Act vaccines and any associated adjuvants. With respect to Covered defines the term ‘‘qualified person’’ as a The immunity specified in section Countermeasures administered and licensed individual who is authorized to 319F–3(a) of the Act shall only be in used in accordance with the public prescribe, administer, or dispense the effect with respect to: (1) Present or health and medical response of the countermeasure under the law of the future Federal contracts, cooperative Authority Having Jurisdiction, the State in which such Covered agreements, grants, interagency effective period of time of this Countermeasure was prescribed, agreements, or memoranda of Declaration commences on the date of a administered or dispensed. Additional understanding for pandemic declaration of an emergency and lasts persons who are qualified persons countermeasure influenza A H5N1, H2, through and includes the final day that pursuant to section 319F–3(i)(8)(B) are H6, H7, H9, and 2009 H1N1 vaccines the emergency declaration is in effect the following: (1) Any person used and administered in accordance including any extensions thereof; except authorized in accordance with the with this Declaration, and (2) activities that with respect to 2009 H1N1 public health and medical emergency authorized in accordance with the influenza vaccine, the effective period response of the Authority Having public health and medical response of commences on June 15, 2009 and Jurisdiction to prescribe, administer, the Authority Having Jurisdiction to extends through March 31, 2013. deliver, distribute or dispense Covered prescribe, administer, deliver, distribute Countermeasures, and their officials, IV. Population (as Required by Section or dispense the pandemic agents, employees, contractors and 319F–3(b)(2)(C) of the Act) countermeasures following a declaration volunteers, following a declaration of an of an emergency, as defined in section Section 319F–3(a)(4)(A) confers emergency, and (2) Any person IX below. In accordance with section immunity to manufacturers and authorized to prescribe, administer, or 319F–3(b)(2)(E) of the Act, for distributors of the Covered dispense Covered Countermeasures or governmental program planners, the Countermeasure, regardless of the who is otherwise authorized under an immunity specified in section 319F–3(a) defined population. Emergency Use Authorization. of the Act shall be in effect to the extent Section 319F–3(a)(3)(C)(i) confers they obtain Covered Countermeasures immunity to covered persons who could VII. Additional Time Periods of through voluntary means of be program planners or qualified Coverage After Expiration of distribution, such as (1) donation; (2) persons with respect to the Covered Declaration (as Required by Section commercial sale; (3) deployment of Countermeasure only if a member of the 319F–3(b)(3)(B) of the Act) Covered Countermeasures from Federal population specified in the Declaration A. I have determined that, upon stockpiles; or (4) deployment of administers or uses the Covered expiration of the applicable time period donated, purchased, or otherwise Countermeasure and is in or connected specified in Section III above, an voluntarily obtained Covered to the geographic location specified in additional twelve (12) months is a Countermeasures from State, local, or this Declaration, or the program planner reasonable period to allow for the private stockpiles. For all other covered or qualified person reasonably could manufacturer to arrange for disposition persons, including other program have believed that these conditions of the Covered Countermeasure, planners, the immunity specified in were met. including the return of such product to

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the manufacturer, and for covered activities relating to physical 9. HHSN266200205463C persons to take such other actions as are administration of the countermeasures 10. HHSN266200205464C appropriate to limit the administration to recipients, management and 11. HHSN266200205465C or use of the Covered Countermeasure, 12. HHSN266199905357C operation of delivery systems, and 13. HHSN266200300068C and the liability protection of section management and operation of 14. HHSN266200005413C 319F–3(a) of the Act shall extend for distribution and dispensing locations. 15. HHSO100200600021C (formerly that period. Authority Having Jurisdiction: Means 200200409981) B. The Federal Government shall the public agency or its delegate that has 16. HHSO100200500004C purchase the entire production of legal responsibility and authority for 17. HHSO100200500005I Covered Countermeasures under the responding to an incident, based on 18. HHSO100200700026I contracts specifically listed by contract political or geographical (e.g., city, 19. HHSO100200700027I number in section I for the stockpile 20. HHSO100200700028I county, Tribal, State, or Federal 21. HHSO100200600010C under section 319F–2 of the Act, and boundary lines) or functional (e.g., law 22. HHSO100200600011C shall be subject to the time-period enforcement, public health) range or 23. HHSO100200600012C extension of section 319F–3(b)(3)(C). sphere of authority. 24. HHSO100200600013C Production under future contracts for Covered Persons: As defined at 25. HHSO100200600014C the same vaccine will also be subject to section 319F–3(i)(2) of the Act, include 26. HHSO100200600022C (formerly the time-period extension of section the United States, manufacturers, 200200511758) 319F–3(b)(3)(C). distributors, program planners, and 27. HHSO100200600023C (formerly qualified persons. The terms 200200410431) VIII. Compensation Fund 28. CRADA No. AI–0155 NIAID/MedImmune ‘‘manufacturer,’’ ‘‘distributor,’’ 29. HHSO100200700029C In addition to conferring immunity to ‘‘program planner,’’ and ‘‘qualified 30. HHSO100200700030C manufacturers, distributors, and person’’ are further defined at sections 31. HHSO100200700031C administrators of the Covered 319F–3(i)(3), (4), (6), and (8) of the Act. 32. All present, completed and future Countermeasures, the Act provides Declaration of Emergency: A Government H5N1, H2, H6, H9, and benefits to certain individuals who declaration by any authorized local, 2009–H1N1 vaccine contracts not sustain a covered injury as the direct regional, State, or Federal official of an otherwise listed. result of the administration of the emergency specific to events that [FR Doc. E9–23844 Filed 10–2–09; 8:45 am] Covered Countermeasure. The indicate an immediate need to BILLING CODE P Countermeasure Injury Compensation administer and use pandemic Program (CICP) within the Health countermeasures, with the exception of Resources and Services Administration a Federal declaration in support of an DEPARTMENT OF HEALTH AND (HRSA) administers the Act’s emergency use authorization under HUMAN SERVICES compensation program. Information section 564 of the FDCA unless such about the CICP is available at 1–888– declaration specifies otherwise. Centers for Disease Control and 275–4772 or http://www.hrsa.gov/ Pandemic Phase: The following Prevention countermeasurescomp/default.htm. stages, as defined in the National [60Day-09–09CV] Strategy for Pandemic Influenza: IX. Amendments Implementation Plan (Homeland Proposed Data Collections Submitted The Declaration for the Use of the Security Council, May 2006): (4) First for Public Comment and Public Readiness and Emergency Human Case in North America; and (5) Recommendations Preparedness Act for H5N1 was Spread Throughout United States. published on January 26, 2007; Pre-pandemic Phase: The following In compliance with the requirement amended on November 30, 2007 to add stages, as defined in the National of Section 3506(c)(2)(A) of the H7 and H9 vaccines; amended on Strategy for Pandemic Influenza: Paperwork Reduction Act of 1995 for October 17, 2008 to add H2 and H6 Implementation Plan (Homeland opportunity for public comment on vaccines; amended on June 15, 2009 to Security Council, May 2006): (0) New proposed data collection projects, the add 2009 H1N1 vaccines and Domestic Animal Outbreak in At-Risk Centers for Disease Control and republished in its entirety. This Country; (1) Suspected Human Outbreak Prevention (CDC) will publish periodic Declaration incorporates all Overseas; (2) Confirmed Human summaries of proposed projects. To amendments prior to the date of its Outbreak Overseas; and (3) Widespread request more information on the publication in the Federal Register. Any Human Outbreaks in Multiple Locations proposed projects or to obtain a copy of future amendment to this Declaration Overseas. the data collection plans and instruments, call 404–639–5960 and will be published in the Federal Dated: September 28, 2009. Register, pursuant to section 319F– send comments to Maryam I. Daneshvar, Kathleen Sebelius, 2(b)(4) of the Act. CDC Acting Reports Clearance Officer, Secretary. 1600 Clifton Road, MS–D74, Atlanta, X. Definitions Appendix GA 30333 or send an e-mail to For the purpose of this Declaration, [email protected]. including any claim for loss brought in I. List of U.S. Government Contracts— Comments are invited on: (a) Whether accordance with section 319F–3 of the Covered H5N1, H2, H6, H9, and 2009–H1N1 the proposed collection of information Vaccine Contracts PHS Act against any covered persons is necessary for the proper performance defined in the Act or this Declaration, 1. HHSN266200400031C of the functions of the agency, including the following definitions will be used: 2. HHSN266200400032C whether the information shall have 3. HHSN266200300039C Administration of a Covered 4. HHSN266200400045C practical utility; (b) the accuracy of the Countermeasure: As used in section 5. HHSN266200205459C agency’s estimate of the burden of the 319F–3(a)(2)(B) of the Act includes, but 6. HHSN266200205460C proposed collection of information; (c) is not limited to, public and private 7. HHSN266200205461C ways to enhance the quality, utility, and delivery, distribution, and dispensing 8. HHSN266200205462C clarity of the information to be

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collected; and (d) ways to minimize the authority to collect a wide array of data have to assist the State and local, tribal, burden of the collection of information from traditional and non-traditional and territorial levels of government with on respondents, including through the public health sources to assist in this critical data collection to support use of automated collection techniques effort. This generic IC will enable CDC immediate data needs for situational or other forms of information to collect data during public health awareness. Situational Awareness has technology. Written comments should emergencies (as the response is taking been defined as ‘‘the perception of be received within 60 days of this place) and after public health elements in the environment within a notice. emergencies (as the recovery is taking volume of time and space, the place) to aid response and recovery comprehension of their meaning, and Proposed Project efforts and to answer pre-determined the projection of their status in the near All-Hazards Public Health Emergency research questions. These data may be future.’’ Preparedness and Response Generic used to inform our preparedness for A three-year OMB approval is Data Collection—New—Coordinating subsequent emergencies that may requested to allow CDC to collect data Office for Terrorism Preparedness and potentially occur and also inform during and after emergencies. Data Emergency Response (COTPER), Centers decisions made by CDC Director. collected under this generic IC will use for Disease Control and Prevention All-hazards public health emergencies a variety of data collection methods. (CDC). are those events that are formally declared emergencies by Federal, State Some of the methods include but are not Background and Brief Description or local jurisdictions. Declarations can limited to: Personal interviews, Data from agencies and individuals be made by the Secretary of the telephone interviews, focus groups, are needed to assist CDC in responding Department of Health and Human institutional record reviews, medical to and planning for domestic and Services (DHHS) under Section 319 of record reviews, and paper or Internet international all-hazards public health the Public Health Service Act and at the questionnaires and other secure emergencies. According to the glossary state or local levels by the Governor, electronic data exchange. Each proposed from the National Response Framework state public health officer, city or county data collection submitted under this Resource Center, ‘‘all-hazards’’ is council or mayor and the local public generic IC will provide information defined as ‘‘describing an incident, health officer respectively. During and pertaining to that particular public natural or manmade, that warrants after these emergencies, assistance may health emergency. Respondents will be action to protect life, property, be needed to supplement State and local advised of the nature of the activity, the environment, and public health or efforts and capabilities to save lives and length of time required for participation safety, and to minimize disruptions of to protect property and public health and that their participation is voluntary. government, social, or economic and safety, or to lessen or avert the There are no costs to respondents activities.’’ This generic IC requests the threat of a catastrophe. Also, CDC may except their time.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of re- burden per Total Respondents respondents sponses per response burden respondent (in hours) (in hours)

General Public ...... 50,000 1 1 50,000

Total ...... 50,000

Dated: September 26, 2009. ACTION: Notice to Award Five Expansion to enhance victim services by providing Maryam I. Daneshvar, Supplement Grants. more extensive TA to local domestic Acting Reports Clearance Officer, Centers for violence programs and State domestic CFDA Number: 93.592. violence coalitions under the Open Disease Control and Prevention. Legislative Authority: The Family Doors to Safety: Capacity-Building Grant [FR Doc. E9–23883 Filed 10–2–09; 8:45 am] Violence Prevention and Services Act, (Capacity-Building) project. The BILLING CODE 4163–18–P 42 U.S.C. 10401 through 10421, as extended by the Department of Health supplemental funds, coupled with the and Human Services Appropriations TA providers’ expertise, will enable DEPARTMENT OF HEALTH AND Act, 2009, Public Law 111–8. Open Doors Safety Capacity-Building HUMAN SERVICES Total Amount of Awards: $400,000. project grantees to receive more training Project Period: September 30, 2009— and site-specific consultation, so that Administration for Children and September 29, 2010. they may build program capacity. The Families SUMMARY: This notice announces the awards will also support State-level award of expansion supplement grants collaboration between domestic Administration on Children, Youth and to five grantees under the Family and violence organizations and child welfare Families Youth Services Bureau (FYSB)/Family agencies. These combined efforts will Violence Prevention and Services strengthen the ability of domestic AGENCY: Family and Youth Services Program. Expansion supplement awards violence programs and their partners to Bureau, ACYF, ACF, HHS. are made to four technical assistance better serve survivors who have diverse (TA) providers to support their capacity backgrounds, experiences, and abilities.

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Amount of Technical assistance provider organizations award Location

Family Violence Prevention Fund ...... $175,000 San Francisco, CA. Domestic Abuse Intervention Programs ...... 50,000 Minneapolis, MN. Hektoen Institute, LLC ...... 50,000 Chicago, IL. National Network to End Domestic Violence ...... 100,000 Washington, DC.

A $25,000 expansion supplement FOR FURTHER INFORMATION CONTACT: repeat courses of moderately emetogenic grant is awarded to the Institute on Beverly Friedman, Office of Regulatory cancer chemotherapy. Subsequent to Domestic Violence in the African Policy, Food and Drug Administration, this approval, the Patent and Trademark American Community (IDVAAC), 10903 New Hampshire Ave., Bldg. 51, Office received a patent term restoration Minneapolis, MN, for the period of July rm. 6222, Silver Spring, MD 20993– application for EMEND FOR INJECTION 1, 2009 through September 30, 2009, to 0002, 301–796–3602. (U.S. Patent No. 5,691,336) from Merck support development of conference SUPPLEMENTARY INFORMATION: The Drug & Co., Inc., and the Patent and materials, a scholarly publication on Price Competition and Patent Term Trademark Office requested FDA’s healing after domestic violence, and Restoration Act of 1984 (Public Law 98– assistance in determining this patent’s conference scholarships. 417) and the Generic Animal Drug and eligibility for patent term restoration. In Contact for Further Information: Patent Term Restoration Act (Public a letter dated February 26, 2009, FDA Marylouise Kelley, Ph.D., Director, Law 100–670) generally provide that a advised the Patent and Trademark Family Violence Prevention and patent may be extended for a period of Office that this human drug product had Services Program, 1250 Maryland up to 5 years so long as the patented undergone a regulatory review period Avenue, SW., Suite 8216, Washington, item (human drug product, animal drug and that the approval of EMEND FOR DC, 20024. Telephone: 202–104–5756 E- product, medical device, food additive, INJECTION represented the first mail: [email protected]. or color additive) was subject to permitted commercial marketing or use regulatory review by FDA before the of the product. Thereafter, the Patent Dated: September 28, 2009. item was marketed. Under these acts, a and Trademark Office requested that Maiso L. Bryant, product’s regulatory review period FDA determine the product’s regulatory Acting Commissioner, Administration on forms the basis for determining the review period. Children, Youth and Families. amount of extension an applicant may FDA has determined that the [FR Doc. E9–23922 Filed 10–2–09; 8:45 am] receive. applicable regulatory review period for BILLING CODE P A regulatory review period consists of EMEND FOR INJECTION is 4,473 days. two periods of time: A testing phase and Of this time, 3,810 days occurred during an approval phase. For human drug the testing phase of the regulatory DEPARTMENT OF HEALTH AND products, the testing phase begins when review period, while 663 days occurred HUMAN SERVICES the exemption to permit the clinical during the approval phase. These investigations of the drug becomes periods of time were derived from the Food and Drug Administration effective and runs until the approval following dates: phase begins. The approval phase starts 1. The date an exemption under [Docket No. FDA–2009–E–0057] with the initial submission of an section 505(i) of the Federal Food, Drug, application to market the human drug and Cosmetic Act (the act) (21 U.S.C. Determination of Regulatory Review product and continues until FDA grants 355(i)) became effective: October 29, Period for Purposes of Patent permission to market the drug product. 1995. The applicant claims October 28, Extension; EMEND FOR INJECTION Although only a portion of a regulatory 1995, as the date the investigational new AGENCY: Food and Drug Administration, review period may count toward the drug application (IND) became effective. HHS. actual amount of extension that the However, FDA records indicate that the Director of Patents and Trademarks may IND effective date was October 29, 1995, ACTION: Notice. award (for example, half the testing which was 30 days after FDA receipt of phase must be subtracted as well as any the IND. SUMMARY: The Food and Drug time that may have occurred before the 2. The date the application was Administration (FDA) has determined patent was issued), FDA’s determination initially submitted with respect to the the regulatory review period for EMEND of the length of a regulatory review human drug product under section FOR INJECTION and is publishing this period for a human drug product will 505(b) of the act: April 3, 2006. The notice of that determination as required include all of the testing phase and applicant claims March 31, 2006, as the by law. FDA has made the approval phase as specified in 35 U.S.C. date the new drug application (NDA) for determination because of the 156(g)(1)(B). Emend for Injection (NDA 22–023) was submission of an application to the FDA recently approved for marketing initially submitted. However, FDA Director of Patents and Trademarks, the human drug product EMEND FOR records indicate that NDA 22–023 was Department of Commerce, for the INJECTION (fosaprepitant meglumine). submitted on April 3, 2006. extension of a patent which claims that EMEND FOR INJECTION, in 3. The date the application was human drug product. combination with other antiemetic approved: January 25, 2008. FDA has ADDRESSES: Submit written comments agents, is indicated for the prevention of verified the applicant’s claim that NDA and petitions to the Division of Dockets acute and delayed nausea and vomiting 22–023 was approved on January 25, Management (HFA–305), Food and Drug associated with initial and repeat 2008. Administration, 5630 Fishers Lane, rm. courses of highly emetogenic cancer This determination of the regulatory 1061, Rockville, MD 20852. Submit chemotherapy including high-dose review period establishes the maximum electronic comments to http:// cisplatin, and for prevention of nausea potential length of a patent extension. www.regulations.gov. and vomiting associated with initial and However, the U.S. Patent and

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Trademark Office applies several guidance is intended for manufacturers, manufacture, marketing, and statutory limitations in its calculations retailers, importers, and FDA staff. The distribution of tobacco products to of the actual period for patent extension. Federal Food, Drug, and Cosmetic Act protect the public health generally and In its application for patent extension, (FDCA), as amended by the Family to reduce tobacco use by minors. this applicant seeks 1,826 days of patent Smoking Prevention and Tobacco Section 201(rr)(4) of the FDCA, as term extension. Control Act (FSPTCA), states ‘‘A amended by the FSPTCA, states ‘‘A Anyone with knowledge that any of tobacco product shall not be marketed tobacco product shall not be marketed the dates as published are incorrect may in combination with any other article or in combination with any other article or submit to the Division of Dockets product regulated under this Act product regulated under this Act Management (see ADDRESSES) written or (including a drug, biologic, food, (including a drug, biologic, food, electronic comments and ask for a cosmetic, medical device, or a dietary cosmetic, medical device, or a dietary redetermination by December 4, 2009. supplement).’’ The guidance discusses supplement).’’ Furthermore, any interested person may certain activities that FDA believes do This guidance discusses certain petition FDA for a determination or do not fall within the scope of the activities that FDA believes do or do not regarding whether the applicant for prohibition. The guidance is not fall within the scope of the prohibition. extension acted with due diligence intended to be an exhaustive analysis of The guidance is not intended to be an during the regulatory review period by all activities that may or may not fall exhaustive analysis of all activities that April 5, 2010. To meet its burden, the within the scope of the prohibition. may or may not fall within the scope of petition must contain sufficient facts to DATES: Although you can comment on the prohibition. merit an FDA investigation. (See H. any guidance at any time (see 21 CFR II. Significance of Guidance Rept. 857, part 1, 98th Cong., 2d sess., 10.115(g)(5)), to ensure that the agency This draft guidance is being issued pp. 41–42, 1984.) Petitions should be in considers your comment on this draft consistent with FDA’s good guidance the format specified in 21 CFR 10.30. guidance before it begins work on the Comments and petitions should be practices regulation (21 CFR 10.115). final version of the guidance, submit submitted to the Division of Dockets The draft guidance, when finalized will written or electronic comments on the Management. Three copies of any represent the agency’s current thinking draft guidance by January 4, 2010. mailed information are to be submitted, on ‘‘The Scope of the Prohibition except that individuals may submit one ADDRESSES: Submit written requests for Against Marketing a Tobacco Product in copy. Comments are to be identified single copies of the draft guidance Combination with Another Article or with the docket number found in document entitled ‘‘The Scope of the Product Regulated under the Federal brackets in the heading of this Prohibition Against Marketing a Food, Drug, and Cosmetic Act.’’ It does document. Comments and petitions may Tobacco Product in Combination with not create or confer any rights for or on be seen in the Division of Dockets Another Article or Product Regulated any person and does not operate to bind Management between 9 a.m. and 4 p.m., under the Federal Food, Drug, and FDA or the public. An alternative Monday through Friday. Cosmetic Act’’ to the Center for Tobacco approach may be used if such approach Products, Food and Drug Dated: June 23, 2009. satisfies the requirements of the Administration, 9200 Corporate Blvd., applicable statute and regulations. Jane A. Axelrad, Rockville, MD 20850. Send one self- Associate Director for Policy, Center for Drug addressed adhesive label to assist that III. Electronic Access Evaluation and Research. office in processing your request, or fax Persons interested in obtaining a copy [FR Doc. E9–23900 Filed 10–2–09; 8:45 am] your request to 301–595–7946. See the of the draft guidance may do so by using BILLING CODE 4160–01–S SUPPLEMENTARY INFORMATION section for the Internet. The guidance document information on electronic access to the may be accessed at the Center for guidance. Tobacco Products’ Web site at http:// DEPARTMENT OF HEALTH AND Submit written comments concerning www.fda.gov/tobaccoproducts. This HUMAN SERVICES this draft guidance to the Division of guidance document is also available at Dockets Management (HFA–305), Food Food and Drug Administration http://www.regulations.gov. To receive and Drug Administration, 5630 Fishers ‘‘The Scope of the Prohibition Against [Docket No. FDA–2009–D–0470] Lane, rm. 1061, Rockville, MD 20852. Marketing a Tobacco Product in Submit electronic comments to http:// Combination with Another Article or Draft Guidance for Industry and FDA www.regulations.gov. Identify Product Regulated under the Federal Staff; the Scope of the Prohibition comments with the docket number Food, Drug, and Cosmetic Act,’’ you Against Marketing a Tobacco Product found in brackets in the heading of this may either send an e-mail request to in Combination With Another Article or document. [email protected] to receive an Product Regulated Under the Federal FOR FURTHER INFORMATION CONTACT: electronic copy of the document or send Food, Drug, and Cosmetic Act; Michele Mital, Center for Tobacco a fax request to 301–595–7946 to receive Availability Products, Food and Drug a hard copy. AGENCY: Administration, 9200 Corporate Blvd., Food and Drug Administration, IV. Comments HHS. Rockville, MD 0850–3229, 301–796– ACTION: Notice. 4800, [email protected]. Interested persons may submit to the SUPPLEMENTARY INFORMATION: Division of Dockets Management (see SUMMARY: The Food and Drug ADDRESSES), written or electronic Administration (FDA) is announcing the I. Background comments regarding this document. availability of the draft guidance On June 22, 2009, the President Submit a single copy of electronic entitled ‘‘The Scope of the Prohibition signed the FSPTCA (Public Law 111–31) comments or two paper copies of any Against Marketing a Tobacco Product in into law. The FSPTCA amended the mailed comments, except that Combination with Another Article or FDCA (21 U.S.C. 301 et seq.) by adding individuals may submit one paper copy. Product Regulated under the Federal a new chapter granting FDA important Comments are to be identified with the Food, Drug, and Cosmetic Act.’’ This new authority to regulate the docket number found in brackets in the

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heading of this document. Received SUPPLEMENTARY INFORMATION section for used if such approach satisfies the comments may be seen in the Division electronic access to the draft guidance requirements of the applicable statutes of Dockets Management between 9 a.m. document. and regulations. and 4 p.m., Monday through Friday. FOR FURTHER INFORMATION CONTACT: II. The Paperwork Reduction Act of Dated: September 30, 2009. Joette M. Meyer, Center for Drug 1995 David Horowitz, Evaluation and Research, Food and This guidance refers to previously Assistant Commissioner for Policy. Drug Administration, 10903 New approved collections of information that [FR Doc. E9–23866 Filed 9–30–09; 11:15 am] Hampshire Ave., Bldg. 22, rm. 6130, are subject to review by the Office of Silver Spring, MD 20993–0002, 301– BILLING CODE 4160–01–S Management and Budget (OMB) under 796–1600. the Paperwork Reduction Act of 1995 SUPPLEMENTARY INFORMATION: (44 U.S.C. 3501–3520). The collections DEPARTMENT OF HEALTH AND I. Background of information in 21 CFR parts 312 and HUMAN SERVICES 314 have been approved under OMB FDA is announcing the availability of control numbers 0910–0014 and 0910– Food and Drug Administration a draft guidance for industry entitled 0001, respectively. [Docket No. FDA–2009–D–0447] ‘‘Helicobacter pylori-Associated Duodenal Ulcer Disease in Adults: III. Comments Draft Guidance for Industry on Developing Drugs for Treatment.’’ The Interested persons may submit to the Helicobacter pylori-Associated purpose of this draft guidance is to Division of Dockets Management (see Duodenal Ulcer Disease in Adults: assist sponsors in clinical antimicrobial ADDRESSES) written or electronic Developing Drugs for Treatment; drug development for the treatment of comments regarding this document. Availability adults with duodenal ulcers caused by Submit a single copy of electronic H. pylori for the reduction of duodenal comments or two paper copies of any AGENCY: Food and Drug Administration, ulcer recurrence. This guidance, when mailed comments, except that HHS. finalized, will supersede advice given in individuals may submit one paper copy. ACTION: Notice. the draft guidance for industry entitled Comments are to be identified with the ‘‘Evaluating Clinical Studies of SUMMARY: docket number found in brackets in the The Food and Drug Antimicrobials in the Division of Anti- Administration (FDA) is announcing the heading of this document. Received Infective Drug Products,’’ published in comments may be seen in the Division availability of a draft guidance for 1997, which contains section V, industry entitled ‘‘Helicobacter pylori- of Dockets Management between 9 a.m. regarding indication 25 H. pylori. and 4 p.m., Monday through Friday. Associated Duodenal Ulcer Disease in This draft guidance pertains to Adults: Developing Drugs for development of drugs for the treatment IV. Electronic Access Treatment.’’ The purpose of this draft of adults with duodenal ulcers. It does Persons with access to the Internet guidance is to assist sponsors in clinical not address treatment of children, or may obtain the document at either drug development for the treatment of those with other conditions also http://www.fda.gov/Drugs/Guidance adults with duodenal ulcers caused by associated with H. pylori, including ComplianceRegulatoryInformation/ H. pylori for the reduction of duodenal gastric ulcers and non-ulcer dyspepsia. Guidances/default.htm or http:// ulcer recurrence. Specifically, this Currently approved regimens for the www.regulations.gov. guidance addresses FDA’s current treatment of adults with duodenal Dated: September 29, 2009. thinking regarding the overall ulcers consist of multiple drugs used in development program and clinical trial combination. We anticipate that drug David Horowitz, designs to support antimicrobial- development for new drugs or regimens Assistant Commissioner for Policy. containing H. pylori treatment regimens. will occur in one of three ways: (1) [FR Doc. E9–23875 Filed 10–2–09; 8:45 am] DATES: Although you can comment on Substitution of a new drug for one BILLING CODE 4160–01–S any guidance at any time (see 21 CFR component of an approved regimen, (2) 10.115(g)(5)), to ensure that the agency addition of a new drug to an approved considers your comment on this draft regimen, and (3) development of a new DEPARTMENT OF HEALTH AND guidance before it begins work on the regimen not studied previously. The HUMAN SERVICES final version of the guidance, submit draft guidance provides information on Food and Drug Administration written or electronic comments on the the type of study design and supportive draft guidance by January 4, 2010. information that should be provided for [Docket No. FDA–2009–N–0247] ADDRESSES: Submit written requests for each of these development paths. single copies of the draft guidance to the Information is also provided regarding Food and Drug Administration Division of Drug Information, Center for microbiological procedures and use of Transparency Task Force; Public Drug Evaluation and Research, Food diagnostic testing to determine subject Meeting; Request for Comments and Drug Administration, 10903 New evaluability. AGENCY: Food and Drug Administration, Hampshire Ave., Bldg. 51, rm. 2201, This draft guidance is being issued HHS. Silver Spring, MD 20993–0002. Send consistent with FDA’s good guidance ACTION: Notice of public meeting; one self-addressed adhesive label to practices regulation (21 CFR 10.115). request for comments. assist that office in processing your The draft guidance, when finalized, will requests. Submit written comments on represent the agency’s current thinking SUMMARY: The Food and Drug the draft guidance to the Division of on developing drugs for the treatment of Administration (FDA) is announcing a Dockets Management (HFA–305), Food H. pylori-associated duodenal ulcer second public meeting to discuss issues and Drug Administration, 5630 Fishers disease in adults. It does not create or related to transparency at the agency. Lane, rm. 1061, Rockville, MD 20852. confer any rights for or on any person The purpose of this public meeting is to Submit electronic comments to http:// and does not operate to bind FDA or the receive detailed and in-depth comments www.regulations.gov. See the public. An alternative approach may be on three specific issues related to

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transparency at FDA. The topics to be will attempt to have a range of improving agency transparency, the covered are early communication about stakeholders participate in each Task Force established a public docket, emerging safety issues concerning FDA- discussion group. Participants will be launched an online blog, and held a regulated products, disclosure of contacted prior to the meeting with the public meeting in June. At the first information about product applications approximate time the discussion group public meeting, the Task Force posed that are abandoned (which means that is scheduled to begin. Others in six questions about ways in which the no work is being done or will be attendance at the public meeting will agency should provide information to undertaken to have the application have an opportunity to listen to the the public about what FDA is doing, the approved) or withdrawn by the discussion and comment on the issues bases for the agency’s decisions, and the applicant before approval, and discussed during the public comment processes used to make agency communication of agency decisions period that will occur after each decisions.1 about pending product applications. discussion group. Based on the comments received to DATES: The public meeting will be held There is no fee to register for the date, the Task Force is holding a second on November 3, 2009, from 9 a.m. to 3 public meeting and registration will be public meeting to solicit in-depth and p.m. Persons interested in attending on a first-come, first-served basis. Early detailed comments on three specific and/or participating in the meeting must registration is recommended because issues related to transparency at the register by 5 p.m. on October 27, 2009. seating is limited. Registration on the agency. day of the public meeting will be Submit electronic or written comments II. Second Public Meeting by November 6, 2009. permitted on a space-available basis The objective of the second public ADDRESSES: The public meeting will be beginning at 7:30 a.m. If you need special accommodations meeting on transparency is for the Task held at the National Transportation Force to receive public input and hear Safety Board Conference Center, 429 due to a disability, please contact Afia FOR FURTHER INFORMATION different points of view about the L’Enfant Plaza, SW., Washington, DC Asamoah (see CONTACT) by October 27, 2009. agency’s communications about, and 20594. Submit electronic comments to public disclosures of information about, http://www.regulations.gov. Submit FOR FURTHER INFORMATION CONTACT: Afia Asamoah, Office of the Commissioner, the following issues: written comments to the Division of (1) Emerging safety issues concerning Dockets Management (HFA–305), Food Food and Drug Administration, Bldg. 1, rm. 2220, 10903 New Hampshire Ave., FDA-regulated products, and Drug Administration, 5630 Fishers (2) Product applications that are Silver Spring, MD 20993–0002, 301– Lane, rm. 1061, Rockville, MD 20852. abandoned (no work is being done or 796–4625, FAX: 301–847–3531, All comments should be identified with will be undertaken to have the [email protected]. the docket number found in brackets at application approved) or withdrawn by the heading of this document. Submit SUPPLEMENTARY INFORMATION: the applicant before approval, and electronic registration by e-mail to I. Background (3) Agency decisions about pending [email protected]. product applications. For Registration to Attend and/or to On January 21, 2009, President The Task Force is interested in Participate in the Meeting: If you wish Obama’s first full day in office, the focused, detailed comments about the to attend the public meeting, you must President issued a memorandum to the considerations and principles the register by e-mail (see ADDRESSES) by heads of executive departments and agency should assess regarding its close of business on October 27, 2009. agencies on transparency and openness communications to the public about the When registering, you must provide the in government. The memorandum topics outlined in the previous following information: (1) Your name, expressed the Administration’s paragraphs. (2) title, (3) company or organization (if commitment to achieve ‘‘an The second public meeting will be applicable), (4) mailing address, (5) unprecedented level of openness in conducted as a series of three moderated telephone number, and (6) e-mail Government’’ and instructed executive discussion groups covering these three address. departments and agencies to solicit topics. The specific topic for each At the time of registration, if you wish public input to identify information of discussion will be presented in the form to participate in one of the three greatest use to the public. Executive of a case study. Only one discussion planned discussion groups, you must departments and agencies were also group will be held at a time. Following indicate which discussion group(s), in charged with harnessing new each moderated discussion, Task Force rank order (see section III. ISSUES FOR technologies to make information about members may ask questions of the DISCUSSION). Please also submit a brief agency operations and decisions participants in each discussion group. statement that describes your available online and readily available to Others in attendance at the public experience with the discussion topic the public. meeting then will have an opportunity and/or the general nature of what you In response to the Administration’s to comment on the issues discussed would like to present about the commitment to promote transparency in during the public comment period that discussion topic. The Transparency government, FDA formed an internal will occur after each discussion group. Task Force (‘‘Task Force’’) is seeking Task Force to consider how to make At least 7 days in advance of the participants interested in engaging in an FDA and its processes more transparent meeting, the initial scenarios of the case in-depth discussion about the to the public. The Task Force is studies for each of the three topics will considerations and principles the soliciting input from the public to be made available on the Internet. The agency should consider with respect to develop recommendations for making initial scenarios will be placed on file in communicating to the public about each useful and understandable information the public docket (docket number found of the issues outlined below (see section about FDA activities and in brackets in the heading of this III. ISSUES FOR DISCUSSION). decisionmaking more readily available document), which is available at http:// Each discussion group will include 4 to the public in a timely manner and in www.regulations.gov. The initial to 6 people. Only one participant from a user-friendly format, while scenarios will also be available on an organization or company will be appropriately protecting confidential assigned to a discussion group. FDA information. To solicit public input on 1 See 74 FR 26712, June 3, 2009.

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FDA’s Web site at http://www.fda.gov/ B. Product Applications That Are the application? What, if any, transparency along with the agenda for Abandoned (Which Means That No information contained in the not this meeting. The complete case studies Work is Being Done or Will Be approvable letter or the NSE letter will be available in the same locations Undertaken to Have the Application should the agency disclose? What after the public meeting. Approved) or Withdrawn By the principles should the agency apply in Applicant Before Approval making these determinations? III. Issues for Discussion The Task Force is interested in IV. Request for Comments The discussion of the three issues discussing the principles and Regardless of attendance at the public described in the following section of considerations the agency should apply meeting, interested persons may submit this document should not be limited by to disclosure of data contained in written or electronic comments (see current statutes or regulations, as the product applications that are abandoned ADDRESSES). Submit a single copy of proposals the Task Force develops may during the approval process or electronic comments to http:// include recommendations for changes to withdrawn before approval by the www.regulations.gov or two paper current law. applicant. The Task Force would also copies of any mailed comments, except like to receive comments on whether the A. Emerging Safety Issues Concerning that individuals may submit one paper considerations governing treatment of FDA-Regulated Products copy. Comments are to be identified these data should depend on the reason with the docket number found in When FDA receives safety the product application was abandoned brackets in the heading of this information associated with a marketed or withdrawn. document. Received comments may be FDA-regulated product, e.g., medical C. Communicating Agency Decisions seen in the Division of Dockets device, drug, biologic, dietary About Pending Product Applications Management between 9 a.m. and 4 p.m., supplement, cosmetic, or food Monday through Friday. (including ingredients and food The Task Force is interested in additives), FDA evaluates the discussing what information about V. Transcripts information in deciding whether and pending product applications should be Please be advised that as soon as a what actions to take, such as regulatory disclosed. Should the agency inform the transcript is available, it will be action regarding the product. FDA will public when: • accessible at http://www.regulations. continue to receive, gather, and evaluate A marketing application seeking gov. It may be viewed at the Division of additional information to further inform approval of a drug or biologic is Dockets Management (HFA–305), Food its decisions. submitted to the agency for review? and Drug Administration, 5630 Fishers • A marketing application seeking During this process, while still Lane, rm. 1061, Rockville, MD. A approval or clearance of a medical transcript will also be available in either evaluating the situation, FDA may device is submitted to the agency for communicate with the public based on hardcopy or on CD–ROM, after review? submission of a Freedom of Information the agency’s current analysis of the When the agency does not approve a available information about the request. Written requests are to be sent marketing application for a drug or to Division of Freedom of Information situation. For example, the agency may biologic, it issues a letter that informs issue an early communication about its (HFI–35), Office of Management the applicant of FDA’s determination Programs, Food and Drug ongoing safety review of a drug, device, not to approve the application in its or biologic, or may issue an early Administration, 5600 Fishers Lane, rm. current form, identifying all apparent 6–30, Rockville, MD 20857. communication advising consumers not deficiencies in the application. Should to eat a certain type of food that may be the agency disclose to the public a Dated: September 29, 2009. linked to a foodborne illness or to stop determination not to approve a David Horowitz, using a certain dietary supplement that marketing application for a drug or Assistant Commissioner for Policy. may be associated with adverse events. biologic? What, if any, information [FR Doc. E9–23916 Filed 10–2–09; 8:45 am] The Task Force is interested in should the agency disclose about the BILLING CODE 4160–01–S discussing the principles the agency determination not to approve the should use when deciding whether to application? What, if any, information issue an early communication about a contained in the response letter should DEPARTMENT OF HOMELAND potential problem with an FDA- the agency disclose? What principles SECURITY regulated product. For example, when is should the agency apply in making it appropriate, or not appropriate for the these determinations? Customs and Border Protection agency to advise the public about a When the agency does not approve a possible, but unconfirmed foodborne premarket application (PMA) for a Agency Information Collection illness outbreak or to issue an early medical device, it may issue a ‘‘not Activities: Delivery Ticket communication about an emerging approvable’’ letter that informs the AGENCY: U.S. Customs and Border safety issue with a medical product, applicant of FDA’s determination not to Protection (CBP), Department of dietary supplement, or cosmetic? If approve the application in its current Homeland Security. appropriate, how should this form. When the agency does not clear a ACTION: 60-Day Notice and request for information be conveyed to the public device submitted through the 510(k) comments; Extension of an existing so that it is useful and does not cause process, a ‘‘not substantially equivalent’’ collection of information: 1651–0081. unfounded or unnecessary concern (NSE) letter is issued to the applicant. about the product? And what Should the agency disclose to the public SUMMARY: As part of its continuing effort mechanisms (e.g., Internet, mass media, a determination not to approve or clear to reduce paperwork and respondent cell phones, direct outreach to health a marketing application for a medical burden, CBP invites the general public professional and patient organizations) device? What, if any, information and other Federal agencies to comment should FDA use to effectively reach the should the agency disclose about the on an information collection target audiences in a timely manner? determination not to approve or clear requirement concerning the Delivery

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Ticket. This request for comment is Current Actions: There are no changes ‘‘Stafford Act’’). Therefore, I declare that such being made pursuant to the Paperwork to the information collection. This a major disaster exists in the State of Georgia. Reduction Act of 1995 (Pub. L. 104–13; submission is being made to extend the In order to provide Federal assistance, you 44 U.S.C. 3505(c)(2)). expiration date. are hereby authorized to allocate from funds available for these purposes such amounts as DATES: Written comments should be Type of Review: Extension (without you find necessary for Federal disaster received on or before December 4, 2009, change). assistance and administrative expenses. to be assured of consideration. Affected Public: Businesses. You are authorized to provide Individual Estimated Number of Respondents: Assistance in the designated areas, Hazard ADDRESSES: Direct all written comments 1000. Mitigation throughout the State, and any to U.S. Customs and Border Protection, Estimated Number of Annual other forms of assistance under the Stafford Attn: Tracey Denning, Office of Responses per Respondent: 200. Act that you deem appropriate. Consistent Regulations and Rulings, 799 9th Street, Estimated Number of Total Annual with the requirement that Federal assistance NW., 7th Floor, Washington, DC 20229– Responses: 200,000. is supplemental, any Federal funds provided 1177. Estimated Time per Response: 20 under the Stafford Act for Hazard Mitigation and Other Needs Assistance will be limited FOR FURTHER INFORMATION CONTACT: minutes. Requests for additional information to 75 percent of the total eligible costs. If Estimated Total Annual Burden Public Assistance is later requested and should be directed to Tracey Denning, Hours: 66,000. warranted, Federal funds provided under U.S. Customs and Border Protection, Dated: September 29, 2009. that program will also be limited to 75 Office of Regulations and Rulings, 799 percent of the total eligible costs. Tracey Denning, 9th Street, NW., 7th Floor, Washington, Further, you are authorized to make DC 20229–1177, at 202–325–0265. Agency Clearance Officer, Customs and changes to this declaration to the extent Border Protection. allowable under the Stafford Act. SUPPLEMENTARY INFORMATION: CBP [FR Doc. E9–23820 Filed 10–2–09; 8:45 am] invites the general public and other The time period prescribed for the BILLING CODE 9111–14–P Federal agencies to comment on implementation of section 310(a), proposed and/or continuing information Priority to Certain Applications for collections pursuant to the Paperwork DEPARTMENT OF HOMELAND Public Facility and Public Housing Reduction Act of 1995 (Pub. L. 104–13; SECURITY Assistance, 42 U.S.C. 5153, shall be for 44 U.S.C. 3505(c)(2)). The comments a period not to exceed six months after should address: (a) Whether the Federal Emergency Management the date of this declaration. collection of information is necessary Agency The Federal Emergency Management for the proper performance of the Agency (FEMA) hereby gives notice that functions of the agency, including [Internal Agency Docket No. FEMA–1858– DR; Docket ID FEMA–2008–0018] pursuant to the authority vested in the whether the information shall have Administrator, under Executive Order practical utility; (b) the accuracy of the Georgia; Major Disaster and Related 12148, as amended, Gracia B. Szczech, agency’s estimates of the burden of the Determinations of FEMA is appointed to act as the collection of information; (c) ways to Federal Coordinating Officer for this enhance the quality, utility, and clarity AGENCY: Federal Emergency major disaster. of the information to be collected; (d) Management Agency, DHS. The following areas of the State of ways to minimize the burden including ACTION: Notice. Georgia have been designated as the use of automated collection adversely affected by this major disaster: techniques or the use of other forms of SUMMARY: This is a notice of the Presidential declaration of a major Cherokee, Cobb, Douglas, and Paulding information technology; and (e) the Counties for Individual Assistance. annual costs burden to respondents or disaster for the State of Georgia (FEMA– All counties within the State of Georgia are record keepers from the collection of 1858–DR), dated September 24, 2009, eligible to apply for assistance under the information (a total capital/startup costs and related determinations. Hazard Mitigation Grant Program. and operations and maintenance costs). DATES: Effective Date: September 24, The following Catalog of Federal Domestic The comments that are submitted will 2009. Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, be summarized and included in the CBP FOR FURTHER INFORMATION CONTACT: request for Office of Management and Community Disaster Loans; 97.031, Cora Peggy Miller, Disaster Assistance Brown Fund; 97.032, Crisis Counseling; Budget (OMB) approval. All comments Directorate, Federal Emergency will become a matter of public record. 97.033, Disaster Legal Services; 97.034, Management Agency, 500 C Street, SW., Disaster Unemployment Assistance (DUA); In this document CBP is soliciting Washington, DC 20472, (202) 646–3886. 97.046, Fire Management Assistance Grant; comments concerning the following 97.048, Disaster Housing Assistance to information collection: SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated Individuals and Households In Presidentially Title: Delivery Ticket. Declared Disaster Areas; 97.049, September 24, 2009, the President OMB Number: 1651–0081. Presidentially Declared Disaster Assistance— issued a major disaster declaration Form Number: Form 6043. Disaster Housing Operations for Individuals under the authority of the Robert T. Abstract: This collection of and Households; 97.050, Presidentially Stafford Disaster Relief and Emergency Declared Disaster Assistance to Individuals information requires warehouse Assistance Act, 42 U.S.C. 5121 et seq. and Households—Other Needs; 97.036, proprietors, carriers, Foreign Trade (the ‘‘Stafford Act’’), as follows: Disaster Grants—Public Assistance Zone operators and others to prepare a (Presidentially Declared Disasters); 97.039, I have determined that the damage in CBP Form 6043 (Delivery Ticket) to Hazard Mitigation Grant. cover the receipt of the merchandise certain areas of the State of Georgia resulting from severe storms and flooding beginning W. Craig Fugate, and its transport from the custody of the on September 18, 2009, and continuing, is of arriving carrier. The information is to be sufficient severity and magnitude to warrant Administrator, Federal Emergency used by CBP officers to document a major disaster declaration under the Robert Management Agency. transfers of imported merchandise T. Stafford Disaster Relief and Emergency [FR Doc. E9–23957 Filed 10–2–09; 8:45 am] between parties. Assistance Act, 42 U.S.C. 5121 et seq. (the BILLING CODE 9111–23–P

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DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND SECURITY SECURITY SECURITY

Federal Emergency Management Federal Emergency Management Federal Emergency Management Agency Agency Agency

[Internal Agency Docket No. FEMA–1858– [Internal Agency Docket No. FEMA–1858– [Internal Agency Docket No. FEMA–1858– DR; Docket ID FEMA–2008–0018] DR; Docket ID FEMA–2008–0018] DR; Docket ID FEMA–2008–0018]

Georgia; Amendment No. 1 to Notice of Georgia; Amendment No. 2 to Notice of Georgia; Amendment No. 3 to Notice of a Major Disaster Declaration a Major Disaster Declaration a Major Disaster Declaration

AGENCY: Federal Emergency AGENCY: Federal Emergency AGENCY: Federal Emergency Management Agency, DHS. Management Agency, DHS. Management Agency, DHS. ACTION: Notice. ACTION: Notice. ACTION: Notice.

SUMMARY: This notice amends the notice SUMMARY: This notice amends the notice SUMMARY: This notice amends the notice of a major disaster declaration for the of a major disaster declaration for the of a major disaster declaration for the State of Georgia (FEMA–1858–DR), State of Georgia (FEMA–1858–DR), State of Georgia (FEMA–1858–DR), dated September 24, 2009, and related dated September 24, 2009, and related dated September 24, 2009, and related determinations. determinations. determinations. DATES: Effective Date: September 25, DATES: Effective Date: September 25, DATES: Effective Date: September 25, 2009. 2009. 2009.

FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Peggy Miller, Disaster Assistance Peggy Miller, Disaster Assistance Directorate, Federal Emergency Directorate, Federal Emergency Directorate, Federal Emergency Management Agency, 500 C Street, SW., Management Agency, 500 C Street, SW., Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3886. Washington, DC 20472, (202) 646–3886. Washington, DC 20472, (202) 646–3886.

SUPPLEMENTARY INFORMATION: The notice SUPPLEMENTARY INFORMATION: The notice SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the of a major disaster declaration for the of a major disaster declaration for the State of Georgia is hereby amended to State of Georgia is hereby amended to State of Georgia is hereby amended to include the following areas among those include the following area among those include the following areas among those areas determined to have been adversely areas determined to have been adversely areas determined to have been adversely affected by the event declared a major affected by the event declared a major affected by the event declared a major disaster by the President in his disaster by the President in his disaster by the President in his declaration of September 24, 2009. declaration of September 24, 2009. declaration of September 24, 2009. Carroll, Chattooga, and Stephens Counties Walker County for Individual Assistance. Catoosa, DeKalb, Fulton, Gwinnett, for Individual Assistance. The following Catalog of Federal Domestic Newton and Rockdale Counties for The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used Individual Assistance. Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, The following Catalog of Federal Domestic for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Assistance Numbers (CFDA) are to be used Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; for reporting and drawing funds: 97.030, Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Community Disaster Loans; 97.031, Cora 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); Brown Fund; 97.032, Crisis Counseling; Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.033, Disaster Legal Services; 97.034, 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Disaster Unemployment Assistance (DUA); 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially 97.046, Fire Management Assistance Grant; Individuals and Households In Presidentially Declared Disaster Areas; 97.049, 97.048, Disaster Housing Assistance to Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Individuals and Households In Presidentially Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals Declared Disaster Areas; 97.049, Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Presidentially Declared Disaster Assistance— and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals Disaster Housing Operations for Individuals Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, and Households; 97.050 Presidentially and Households—Other Needs; 97.036, Disaster Grants—Public Assistance Declared Disaster Assistance to Individuals Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, and Households—Other Needs; 97.036, (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. Disaster Grants—Public Assistance Hazard Mitigation Grant. (Presidentially Declared Disasters); 97.039, W. Craig Fugate, Hazard Mitigation Grant. W. Craig Fugate, Administrator, Federal Emergency Administrator, Federal Emergency Management Agency. W. Craig Fugate, Management Agency. [FR Doc. E9–23959 Filed 10–2–09; 8:45 am] Administrator, Federal Emergency [FR Doc. E9–23955 Filed 10–5–09; 8:45 am] BILLING CODE 9111–23–P Management Agency. BILLING CODE 9111–23–P [FR Doc. E9–23958 Filed 10–2–09; 8:45 am] BILLING CODE 9111–23–P

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DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND docket for this rulemaking is available SECURITY SECURITY on the Internet at http:// www.regulations.gov under docket Federal Emergency Management Coast Guard number USCG–2009–0845. Agency [Docket No. USCG–2009–0845] FOR FURTHER INFORMATION CONTACT: If you have questions concerning the [Internal Agency Docket No. FEMA–1858– Public Meeting on Ports and meeting, please call or e-mail LTJG DR; Docket ID FEMA–2008–0018] Waterways Assessment Margaret Brown, Coast Guard Sector Houston-Galveston, Waterways AGENCY: Georgia; Amendment No. 4 to Notice of Coast Guard, DHS. Management, telephone 713–678–9001, a Major Disaster Declaration ACTION: Notice of public meeting; e-mail [email protected]. If request for comments. you have questions on viewing or AGENCY: Federal Emergency submitting material to the docket, call Management Agency, DHS. SUMMARY: The Coast Guard announces a Renee V. Wright, Program Manager, public meeting in order to receive ACTION: Notice. Docket Operations, telephone 202–366– public comments on the results of the 9826. SUMMARY: U.S. Coast Guard sponsored Ports and This notice amends the notice SUPPLEMENTARY INFORMATION: of a major disaster declaration for the Waterways Safety Assessment State of Georgia (FEMA–1858–DR), conducted July 14–15, 2009. Specific Background and Purpose comments should target any risk areas dated September 24, 2009, and related The purpose of the meeting is to determinations. within the waterways and mitigating measures which may address receive comments on the U.S. Coast DATES: Effective Date: September 26, outstanding risk areas along the Guard sponsored Ports and Waterways 2009. Houston Ship Channel. The Captain of Safety Assessment conducted July 14– 15, 2009. A copy of the assessment will FOR FURTHER INFORMATION CONTACT: the Port would also like to receive comments related to possible areas be attached to the docket. Specific Peggy Miller, Disaster Assistance comments should target any risk areas Directorate, Federal Emergency which can be used for Waterways Optimization, including improving port within the waterways and mitigating Management Agency, 500 C Street, SW., measures which may address Washington, DC 20472, (202) 646–3886. security for the channel and adjacent facilities. outstanding risk areas along the SUPPLEMENTARY INFORMATION: The notice Houston Ship Channel. The Captain of of a major disaster declaration for the DATES: A public meeting will be held on the Port would also like to receive State of Georgia is hereby amended to Tuesday, October 6, 2009, from 9 a.m. comments related to possible areas include Public Assistance in the to 12 p.m. (noon) to provide an which can be used for Waterways following areas among those areas opportunity for oral comments. Written Optimization, including improving port determined to have been adversely comments and related material may also security for the channel and adjacent affected by the event declared a major be submitted to Coast Guard personnel facilities. disaster by the President in his specified at that meeting. All comments You may view the online docket and declaration of September 24, 2009. and related material submitted after the comments submitted thus far by going meeting must be received by the Coast to http://www.regulations.gov. Once Carroll, Catoosa, Chattooga, Cobb, Douglas, Guard on or before Friday, October 30, Gwinnett, Paulding, Stephens, and Walker there, insert ‘‘USCG–2009–0845’’ in the Counties for Public Assistance, including 2009. ‘‘Keyword’’ box and click ‘‘Search.’’ You direct Federal assistance (already designated ADDRESSES: The public meeting will be may also visit the Docket Management for Individual Assistance). held at Marine Safety Unit Galveston, Facility in Room W12–140 on the Bartow, Coweta, and Heard Counties for 3101 FM 2004, Texas City, TX 77591, ground floor of the Department of Individual Assistance. telephone 409–978–2700. A Transportation West Building, 1200 The following Catalog of Federal Domestic government-issued photo identification New Jersey Avenue, SE., Washington, Assistance Numbers (CFDA) are to be used will be required for entrance to the DC 20590, between 9 a.m. and 5 p.m., for reporting and drawing funds: 97.030, building. Monday through Friday, except Federal Community Disaster Loans; 97.031, Cora You may submit written comments holidays. We have an agreement with Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, identified by docket number USCG– the Department of Transportation to use Disaster Unemployment Assistance (DUA); 2009–0845 before or after the meeting the Docket Management Facility. 97.046, Fire Management Assistance Grant; using any one of the following methods: We encourage you to participate in 97.048, Disaster Housing Assistance to (1) Federal eRulemaking Portal: this meeting by submitting comments Individuals and Households In Presidentially http://www.regulations.gov. either orally at the meeting or in Declared Disaster Areas; 97.049, (2) Fax: 202–493–2251. writing. If you bring written comments Presidentially Declared Disaster Assistance— (3) Mail: Docket Management Facility to the meeting, you may submit them to Disaster Housing Operations for Individuals (M–30), U.S. Department of Coast Guard personnel specified at the and Households; 97.050 Presidentially Transportation, West Building Ground meeting to receive written comments. Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Floor, Room W12–140, 1200 New Jersey These comments will be submitted to Disaster Grants—Public Assistance Avenue, SE., Washington, DC 20590– our online public docket. All comments (Presidentially Declared Disasters); 97.039, 0001. received will be posted without change Hazard Mitigation Grant. (4) Hand delivery: Same as mail to http://www.regulations.gov and will address above, between 9 a.m. and 5 include any personal information you W. Craig Fugate, p.m., Monday through Friday, except have provided. Administrator, Federal Emergency Federal holidays. The telephone number Comments submitted after the Management Agency. is 202–366–9329. meeting must reach the Coast Guard on [FR Doc. E9–23956 Filed 10–5–09; 8:45 am] To avoid duplication, please use only or before October 30, 2009. If you BILLING CODE 9111–23–P one of these four methods. Our online submit a comment online via http://

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www.regulations.gov, it will be the Fiscal Year (FY) 2009 Doctoral Dated: September 17, 2009. considered received by the Coast Guard Dissertation Research Grant (DDRG) Raphael W. Bostic, when you successfully transmit the Program. The purpose of this document Assistant Secretary for Policy Development comment. If you fax, hand deliver, or is to announce the names and addresses and Research. mail your comment, it will be of the award winners and the amount of List of Awardees for Grant Assistance considered as having been received by the awards to be used to help doctoral Under the Fiscal Year (FY) 2009 the Coast Guard when it is received at candidates complete dissertations on Doctoral Dissertation Reseach Grant the Docket Management Facility. topics that focus on housing and urban Program Funding Competition, by Anyone can search the electronic development issues. Institution, Address, Grant Amount and form of comments received into any of Name of Student Funded our dockets by the name of the FOR FURTHER INFORMATION CONTACT: individual submitting the comment (or Susan Brunson, Office of University 1. The Regents of the University of signing the comment, if submitted on Partnerships, U.S. Department of California, Julian Chun-Chung Chow, behalf of an association, business, labor Housing and Urban Development, Room Ph.D., The Regents of the University of union, etc.). You may review a Privacy 8226, 451 Seventh Street, SW., California, School of Social Welfare, Act notice regarding our public dockets Washington, DC 20410, Telephone (202) 2150 Shattuck Avenue, Suite 313, in the January 17, 2008, issue of the 402–3852. To provide service for Berkeley, CA 94704–5940. Grant: Federal Register (73 FR 3316). persons who are hearing- or speech- $25,000 to Richard Smith. Information on Service for Individuals impaired, this number may be reached 2. New York University, Jeff Manza, With Disabilities via TTY by dialing the Federal New York University, Department of Information Relay Service on (800) 877– Sociology, 665 Broadway, Suite 801, For information on facilities or 8339 or (202) 708–1455. (Telephone New York, NY 10012. Grant: $15,195.73 services for individuals with disabilities numbers, other than ‘‘800’’ TTY to Brian McCabe. or to request special assistance at the numbers, are not toll free). public meeting, contact LTJG Margaret 3. The University of Illinois at Brown at the telephone number or e- SUPPLEMENTARY INFORMATION: The DDRG Chicago, Janet L. Smith, The University mail address indicated under the FOR Program was created as a means of of Illinois at Chicago, Department of FURTHER INFORMATION CONTACT section of expanding the number of researchers Urban Planning and Policy, 809 South this notice. conducting research on subjects of Marshfield, 502 MB, M/C551, Chicago, IL 60612–7205. Grant: $25,000 to Public Meeting interest to HUD. Doctoral candidates can receive grants of up to $25,000 to Andrew Greenlee. The Coast Guard will hold a public complete work on their dissertations. 4. Trustees of Boston University, meeting regarding the Houston- Grants are awarded for a two-year Judith G. Gonyea, Ph.D., Trustees of Galveston waterways on Tuesday, period. Boston University, School of Social October 6, 2009, from 9 a.m. to 12 p.m. Work, 881 Commonwealth Avenue, (noon) at Marine Safety Unit Galveston, The Office of University Partnerships Boston, MA 02215. Grant: $19,450 to 3101 FM 2004, Texas City, TX 77591, under the Assistant Secretary for Policy Kelly Mills-Dick. telephone 409–978–2700. The meeting Development and Research (PD&R) administers this program. In addition to 5. The Regents of the University of location is not accessible by public California, Allison Crowther, The this program, the Office of University transportation. Parking is available at no Regents of the University of California, Partnerships administers HUD’s ongoing cost. Department of Planning, Policy and Dated: September 21, 2009. grant programs to institutions of higher Design, Office of Research M.E. Woodring, education as well as creates initiatives Administration, Irvine, CA 92697–7600. through which colleges and universities Captain, U.S. Coast Guard, Captain of the Grant: $15,418.50 to Michael Powe. can bring their traditional missions of Port Houston-Galveston. 6. The Trustees of Princeton teaching, research, service, and outreach [FR Doc. E9–23876 Filed 10–2–09; 8:45 am] University, Mitchell Duneier, The to bear on the pressing local problems BILLING CODE 4910–15–P Trustees of Princeton University, in their communities. Department of Sociology, PO Box 36, 4 The Catalog of Federal Domestic New South Building, Princeton, NJ DEPARTMENT OF HOUSING AND Assistance number for this program is 08544–0036. Grant: $24,975.77 to URBAN DEVELOPMENT 14.517. Alexandra Murphy. [Docket No. FR–5300–FA–26] On July 8, 2009, a Notice of Funding 7. The University of Chicago, Dr. Availability (NOFA) for this program Andrew Abbott, The University of Announcement of Funding Awards for was posted on Grants.gov announcing Chicago, Department of Sociology, 5801 Fiscal Year 2009 Doctoral Dissertation the availability of $200,000 in FY 2009 South Ellis Avenue, Chicago, IL 60637. Research Grant Program for the DDRG Program. The Department Grant: $25,000 to Len Albright. AGENCY: Office of the Assistant reviewed, evaluated and scored the 8. New York University, Dr. Ingrid Secretary for Policy Development and applications received based on the Gould Ellen, New York University, Research, HUD. criteria in the NOFA. As a result, HUD Department of Public Policy and Urban has funded the applications announced Planning, 665 Broadway, Suite 801, ACTION: Announcement of funding below, and in accordance with Section New York, NY 10012. Grant: $24,960 to awards. 102(a)(4)(C) of the Department of Michael Lens. SUMMARY: In accordance with Section Housing and Urban Development 9. The President and Fellows of 102(a)(4)(C) of the Department of Reform Act of 1989 (103 Stat. 1987, Harvard College, Dr. Richard Peiser, The Housing and Urban Development (HUD) U.S.C. 3545). More information about President and Fellows of Harvard Reform Act of 1989, this document the winners can be found at http:// College, Department of Urban Planning notifies the public of funding awards for www.oup.org. and Design, 1350 Massachusetts

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Avenue, Cambridge, MA 02138. Grant: DEPARTMENT OF THE INTERIOR Columbia County $25,000 to Suzanne Charles. Dick House, 641 Co. Rte. 8, Germantown National Park Service vicinity, 09000573, LISTED, 7/29/09 [FR Doc. E9–23841 Filed 10–2–09; 8:45 am] BILLING CODE 4210–67–P National Register of Historic Places; Herkimer County Weekly Listing of Historic Properties Emmanuel Episcopal Church, 588 Albany St., Little Falls vicinity, 09000574, LISTED, 7/ Pursuant to (36CFR60.13(b,c)) and 29/09 DEPARTMENT OF THE INTERIOR (36CFR63.5), this notice, through Lewis County publication of the information included National Park Service Lewis County Soldiers’ and Sailors’ herein, is to apprise the public as well Monument, Village Green, NY 26 and Notice of November 7, 2009 Meeting as governmental agencies, associations Bostwick Sts., Lowville vicinity, 09000575, for Flight 93 National Memorial and all other organizations and LISTED, 7/29/09 Advisory Commission individuals interested in historic RHODE ISLAND preservation, of the properties added to, Newport County AGENCY: National Park Service, Interior. or determined eligible for listing in, the National Register of Historic Places from Indian Avenue Historic District, 357–515 ACTION: Notice of November 7, 2009 July 27 to July 31, 2009. Indian Ave. and 55–75 Vaucluse Ave., meeting for Flight 93 National Memorial Middletown, 09000362, DETERMINED Advisory Commission. For further information, please ELIGIBLE, 5/29/09 contact Edson Beall via: United States Providence County SUMMARY: This notice sets the date of Postal Service mail, at the National the November 7, 2009 meeting of the Register of Historic Places, 2280, Borders Farm, 31–38 N. Rd, Foster, 09000576, LISTED, 7/29/09 Flight 93 Advisory Commission. National Park Service, 1849 C St., NW., TENNESSEE DATES: The public meeting of the Washington, DC 20240; in person (by Advisory Commission will be held on appointment), 1201 Eye St., NW., 8th Sumner County floor, Washington DC 20005; by fax, Saturday, November 7, 2009 from 10 Trousdale-Baskerville House, 211 W. Smith a.m. to 1 p.m. (Eastern). The 202–371–2229; by phone, 202–354– St., Gallatin, 09000577, LISTED, 7/30/09 2255; or by e-mail, Commission will meet jointly with the _ WASHINGTON Flight 93 Memorial Task Force. Edson [email protected]. Location: The meeting will be held at Dated: September 15, 2009. King County the Somerset County Courthouse, Court J. Paul Loether, Roanoke Park Historic District, Bounded by Room #1, located at 111 E. Union Street, Chief, National Register of Historic Places/ Shelby St. on the N., Roanoke St. on the S., Harvard Ave on the W., 10th Ave. on National Historic Landmarks Program. Somerset, PA 15501. the E., Seattle, 09000578, LISTED, 7/30/09 Agenda: The November 7, 2009 joint Key: State, County, Property Name, Lincoln County Commission and Task Force meeting Address/Boundary, City, Vicinity, will consist of the following: Reference Number, Action, Date, Atlas E Missile Site 9, 36000 Crescent Rd. N., 1. Opening of Meeting and Pledge of Reardan vicinity, 09000579, LISTED, 7/31/ Multiple Name 09 Allegiance. COLORADO 2. Review and Approval of WISCONSIN Commission Minutes from August 1, Jefferson County Columbia County 2009. Brook Forest Inn, 8136 S. Brook Forest Rd., Farnham, Fred and Lucia, House, 553 W. 3. Reports from the Flight 93 Evergreen, 09000567, LISTED, 7/29/09 James St., Columbus, 09000580, LISTED, 7/ Memorial Task Force and National Park ILLINOIS 30/09 Service. Cook County Columbia County 4. Old Business. Episcopal Church of the Atonement and Jones, John A. and Maggie, House, 307 N. 5. New Business. Parish House, The, 5751 N. Kenmore Ave., Ludington St., Columbus, 09000581, 6. Public Comments. Chicago, 09000590, LISTED, 7/30/09 LISTED, 7/30/09 7. Closing Remarks. KENTUCKY [FR Doc. E9–23887 Filed 10–2–09; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE P Joanne M. Hanley, Superintendent, Franklin County Flight 93 National Memorial, 109 West Central Frankfort Historic District, Bounded Main Street, Somerset, PA 15501, 814– by East and West 2nd St., Logan St., the DEPARTMENT OF THE INTERIOR 443–4557. Kentucky River, High St., and Mero St., Frankfort, 09000570, LISTED, 7/28/09 National Park Service SUPPLEMENTARY INFORMATION: The meeting will be open to the public. Any NEW JERSEY National Register of Historic Places; member of the public may file with the Camden County Notification of Pending Nominations Commission a written statement Mount Peace Cemetery and Funeral Directing and Related Actions concerning agenda items. Address all Company Cemetery, 329 US Rt. 30, statements to: Flight 93 Advisory Lawnside, 08000971, LISTED, 7/29/09 Nominations for the following Commission, 109 West Main Street, properties being considered for listing NEW YORK Somerset, PA 15501. or related actions in the National Albany County Register were received by the National Joanne M. Hanley, Lustron Houses of Jermain Street Historic Park Service before September 19, 2009. Superintendent, Flight 93 National Memorial. District, 1, 3, 5, 7, 8 Jermain St., Albany, Pursuant to section 60.13 of 36 CFR Part [FR Doc. E9–23700 Filed 10–2–09; 8:45 am] 09000572, LISTED, 7/29/09 (Lustron 60 written comments concerning the BILLING CODE 4312–25–P Houses in New York MPS) significance of these properties under

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the National Register criteria for 644 Spook Rock Rd., December 4, 2009. This process is evaluation may be forwarded by United Claverack, 09000861 conducted in accordance with 5 CFR States Postal Service, to the National Dutchess County 1320.10. If you have comments especially on Register of Historic Places, National Mt. Beacon Fire Observation Tower, Park Service, 1849 C St., NW., 2280, S. Beacon Mtn., the estimated public burden or Washington, DC 20240; by all other Beacon, 09000862 associated response time, suggestions, carriers, National Register of Historic or need a copy of the proposed Places, National Park Service, 1201 Eye Onondaga County information collection instrument with St., NW., 8th floor, Washington, DC Barber, Peale’s, Farm Mastodon Exhumation instructions or additional information, 20005; or by fax, 202–371–6447. Written Site, please contact Rebekah Whiteaker, or faxed comments should be submitted Rt. 17K, Department of Justice Office of Montgomery, 09000863 by October 20, 2009. Community Oriented Policing Services, Queens County 1100 Vermont Avenue, NW., Alexandra Lord, Rego Park Jewish Center, Washington, DC 20530. Acting Chief, National Register of Historic 97–30 Queens Blvd., Written comments and suggestions Places/National Historic Landmarks Program. Rego Park, 09000864 from the public and affected agencies AMERICAN SAMOA concerning the extension of a previously OREGON approved collection of information are Western District Wallowa County encouraged. Your comments should Papa Site, Wallowa Ranger Station, address one or more of the following Address Restricted, (Depression-Era Buildings TR) four points: A’asufou village, 09000852 602 W. 1st St., —Evaluate whether the collection of COLORADO Wallowa, 09000865 information is necessary for the Delta County TEXAS proper performance of the functions of the agency, including whether the Hotchkiss Methodist Episcopal Church, Harris County 285 N. 2nd St., information will have practical utility; Farnsworth & Chambers Building, Hotchkiss, 09000853 —Evaluate the accuracy of the agency’s 2999 S. Wayside, estimate of the burden of the Weld County Houston, 09000866 proposed collection of information, Land Utilization Program Headquarters, Request for REMOVAL has been made for including the validity of the (New Deal Resources on Colorado’s Eastern the following resource: methodology and assumptions used; Plains MPS) GEORGIA —Enhance the quality, utility, and 44741 Weld Co. Rd. 77, clarity of the information to be Briggsdale, 09000854 Cobb County collected; and HAWAII Gibson, John S., Farmhouse, —Minimize the burden of the collection (Kennesaw MPS) of information on those who are to Honolulu County 3370 Cherokee St., respond, including through the use of Honouliuli Internment Camp, Kennesaw, 80000998 appropriate automated, electronic, Address Restricted, [FR Doc. E9–23889 Filed 10–2–09; 8:45 am] mechanical, or other technological Waipahu, 09000855 BILLING CODE P collection techniques or other forms MISSOURI of information technology, e.g., Clay County permitting electronic submission of responses. First Methodist Church, DEPARTMENT OF JUSTICE 114 N. Marietta St., [OMB Number 1103–0100] Overview of This Information Excelsior Springs, 09000856 Collection Dunklin County Office of Community Oriented Policing Birthright, Charles and Bettie, House, (1) Type of Information Collection: Services; Agency Information Extension of a previously approved 109 S. Main St., Collection Activities: Extension of a Clarkton, 09000857 collection. Previously Approved Collection; (2) Title of the Form/Collection: Gasconade County Comments Requested Monitoring Information Collections. Hermann Historic District, (3) Agency form number, if any, and ACTION: Roughly bounded by Wharf, First, Mozart, 60-Day Notice of Information the applicable component of the 5th, Schiller, 4th, Gutenberg, and Reserve Collection Under Review: Monitoring Department sponsoring the collection: Sts., Information Collections. Hermann, 09000858 None. U.S. Department of Justice Office The Department of Justice (DOJ) of Community Oriented Policing St. Louis County Office of Community Oriented Policing Services. Downtown Kirkwood Historic District, Services (COPS), will be submitting the Affected public who will be asked or 105–133 E. Argonne, 100–159 W. Argonne, following information collection request required to respond, as well as a brief 108–212 N. Clay, 105–140 E. Jefferson, to the Office of Management and Budget abstract: 100–161 W. Jefferson, Kirkwood, 09000859 (OMB) for review and approval in Primary: COPS Office hiring grantees that NEW YORK accordance with the Paperwork are selected for in-depth monitoring of their grant implementation and equipment Chenango County Reduction Act of 1995. The extension of a previously approved information grantees that report using COPS funds to Mathewson, Holden B., House, implement a criminal intelligence system 1567 NY 26, collection is published to obtain will be required to respond. The Monitoring South Otselic, 09000860 comments from the public and affected Information Collections include two types of agencies. information collections: the Monitoring Columbia County The purpose of this notice is to allow Request for Documentation and the 28 CFR Van Rensselaer, Conyn, House, for 60 days for public comment until Part 23 Monitoring Kit.

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(5) An estimate of the total number of Information and Regulatory Affairs, non-profit, nongovernmental respondents and the amount of time Attention Department of Justice Desk organizations. The purpose of the estimated for an average respondent to Officer, Washington, DC 20503. solicitation template is to provide a respond/reply: Additionally, comments may be framework to develop program-specific It is estimated that 140 respondents submitted to OMB via facsimile to (202) announcements soliciting applications annually will complete the collections: 40 395–5806. for funding. A program solicitation respondents to the Monitoring Request for Written comments and suggestions outlines the specifics of the funding Documentation at 3 hours per respondent; from the public and affected agencies program; describes the requirements for 100 respondents to the 28 CFR Part 23 concerning the proposed collection of eligibility; instructs an applicant on the Monitoring Kit at 2 hours per response. information are encouraged. Your necessary components of an application (6) An estimate of the total public comments should address one or more under a specific program (e.g. project burden (in hours) associated with the of the following four points: activities and timeline, proposed collection: There are an estimated 320 (1) Evaluate whether the proposed budget): And provides registration total annual burden hours associated collection of information is necessary dates, due dates, and instructions on with this collection. for the proper performance of the how to apply within the designated If additional information is required functions of the agency, including application system. contact: Lynn Bryant, Department whether the information will have (5) An estimate of the total number of Clearance Officer, United States practical utility; respondents and the amount of time Department of Justice, Justice (2) Evaluate the accuracy of the estimated for an average respondent to Management Division, Policy and agency’s estimate of the burden of the respond/reply: It is estimated that Planning Staff, Patrick Henry Building, proposed collection of information, information will be collect annually Suite 1600, 601 D Street, NW., including the validity of the from the approximately 1800 Washington, DC 20530. methodology and assumptions used; respondents (applicants to the OVW (3) Enhance the quality, utility, and grant programs). The public reporting Dated: September 29, 2009. clarity of the information to be burden for this collection of information Lynn Bryant, collected; and is estimated at up to 30 hours per Department Clearance Officer, PRA, U.S. (4) Minimize the burden of the application. The 30-hour estimate is Department of Justice. collection of information on those who based on the amount of time to prepare [FR Doc. E9–23869 Filed 10–2–09; 8:45 am] are to respond, including through the a narrative, budget and other materials BILLING CODE 4410–AT–P use of appropriate automated, for the application as well to coordinate electronic, mechanical, or other with and develop a memorandum of technological collection techniques or understanding with requisite project DEPARTMENT OF JUSTICE other forms of information technology, partners. [OMB Number 1122–NEW] e.g., permitting electronic submission of (6) An estimate of the total public responses. burden (in hours) associated with the collection: The estimated public burden Office on Violence Against Women; Overview of This Information associated with this collection is 54,000 Agency Information Collection Collection Activities: Proposed Collection; hours. Comments Requested (1) Type of Information Collection: If additional information is required Proposed collection. contact: Lynn Bryant, Department ACTION: 30-Day Notice of Information (2) Title of the Form/Collection: OVW Clearance Officer, United States Collection Under Expedited, Emergency Solicitation Template. Department of Justice, Justice Review: Office on Violence Against (3) Agency form number, if any, and Management Division, Policy and Women. the applicable component of the Planning Staff, Suite 1600, 601 D Street, Department of Justice sponsoring the NW., Washington, DC 20530. The Department of Justice, Office on collection: Form Number: 1122–XXXX. Violence Against Women (OVW) will be U.S. Department of Justice, OVW. Dated: September 29, 2009. submitting the following information (4) Affected public who will be asked Lynn Bryant, collection request to the Office of or required to respond, as well as a brief Department Clearance Officer, PRA, United Management and Budget (OMB) for abstract: Primary: The affected public States Department of Justice. expedited, emergency review and includes applicants to OVW grant [FR Doc. E9–23868 Filed 10–2–09; 8:45 am] approval in accordance with the programs authorized under the Violence BILLING CODE 4410–FX–P Paperwork Reduction Act of 1995 and Against Women Act of 1994 and emergency clearance procedures under reauthorized and amended by the 5 CFR 1320.13. The proposed Violence Against Women Act of 2000 DEPARTMENT OF JUSTICE information collection is published to and the Violence Against Women Act of Notice of Lodging Consent Decree obtain comments from the public and 2005. These include States, territory, Under the Clean Air Act affected agencies. Tribe or unit of local government; State, The purpose of this notice is to allow territorial, tribal or unit of local Pursuant to 28 CFR § 50.7, notice is for 30 days for public comment until governmental entity; institutions of hereby given that, on September 24, November 4, 2009. This process is higher education including colleges and 2009, a proposed Consent Decree in conducted in accordance with 5 CFR universities; tribal organizations; United States v. Pacific Gas & Electric 1320.10. Federal, State, tribal, territorial or local Company [‘‘PG&E’’], Civil Action No. Written comments and/or suggestions courts or court-based programs; State 09–4503 (N.D. Cal.), was lodged with regarding the items contained in this sexual assault coalition, State domestic the United States District Court for the notice, especially the estimated public violence coalition; territorial domestic Northern District of California. The burden and associated response time, violence or sexual assault coalition; Consent Decree addresses an alleged should be directed to the Office of tribal coalition; tribal organization; violation of the Clean Air Act, 42 U.S.C. Management and Budget, Office of community-based organizations and 7401–7671 et seq., which occurred at

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the Gateway Generating Station, a cents per page reproduction costs) obtained by mail from the Consent natural gas fired power plant located payable to the U.S. Treasury. Decree Library, P.O. Box 7611, U.S. near Antioch, California. The alleged Department of Justice, Washington, DC Maureen M. Katz, violation arises from the construction of 20044–7611, or by faxing or e-mailing a the plant by PG&E allegedly without an Assistant Chief, Environmental Enforcement request to Tonia Fleetwood, Section, Environment and Natural Resources appropriate permit in violation of the Division. [email protected], Fax No. Prevention of Significant Deterioration (202) 514–0097, phone confirmation [FR Doc. E9–23923 Filed 10–2–09; 8:45 am] provisions of the Clean Air Act, 42 number (202) 514–1547. In requesting a U.S.C. 7475, and without installing and BILLING CODE 4410–15–P copy from the Consent Decree Library, applying best available control please enclose a check in the amount of technology at the plant to control DEPARTMENT OF JUSTICE $74.50 (25 cents per page reproduction emissions of various air pollutants. cost) payable to the U.S. Treasury. The proposed Consent Decree would Notice of Lodging of Consent Decree Maureen Katz, resolve the claim alleged in the Under the Comprehensive Assistant Section Chief, Environmental Complaint filed in this matter in Environmental Response, Enforcement Section, Environment and exchange for PG&E’s commitment to Compensation, and Liability Act Natural Resources Division. perform injunctive relief including: (1) Notice is hereby given that on [FR Doc. E9–23928 Filed 10–2–09; 8:45 am] Achieving more stringent limits for September 23, 2009, an electronic BILLING CODE 4410–15–P emissions of nitrogen oxides (NO ) and X version of a proposed Consent Decree carbon monoxide; and (2) installing and was lodged in the United States District operating two computer software Court for the District of Arizona in DEPARTMENT OF JUSTICE programs that are designed to limit the United States v. Apache Nitrogen number of start-ups and shut-downs Federal Bureau of Investigation Products, Inc., No. 4:09–CV–00542– that the Gateway plant will experience JMR. The Consent Decree settles the [OMB Number 1110–0001] and to further reduce NOX emissions. United States’ claims against Apache The proposed Consent Decree also Nitrogen Products (‘‘Apache’’) under Agency Information Collection requires PG&E to pay a $20,000 civil sections 106 and 107 of the Activities: Proposed Collection, penalty. Comprehensive Environmental Comments Requested The Department of Justice will receive Response, Compensation, and Liability ACTION: 60-day Notice of Information comments relating to the proposed Act, as amended, (‘‘CERCLA’’), 42 Consent Decree for a period of thirty Collection Under Review: Extension of U.S.C. 9606 & 9607, in connection with a currently approved collection; Return (30) days from the date of this the Apache Powder Superfund Site publication. Comments should be A—Monthly Return of Offenses Known outside of Bensen, Arizona. to the Police; Supplement to Return A— addressed to the Assistant Attorney Under the terms of the proposed Monthly Return of Offenses Known to General, Environment and Natural Consent Decree, Apache will perform the Police Resources Division, and mailed either the remaining work at the Site, will pay electronically to pubcomment- $1,200,000 out of $7 million in past The Department of Justice, Federal [email protected] or in hard copy to response costs, and will pay all future Bureau of Investigation, Criminal Justice the United States Department of Justice, EPA oversight after the first $200,000. Information Services Division will be P.O. Box 7611, Ben Franklin Station, Apache will also relinquish a claim for submitting the following information Washington, DC 20044–7611. reimbursement from the Superfund collection request to the Office of Comments should refer to United States under 106(b) of CERLA, 42 U.S.C. Management and Budget (OMB) for v. Pacific Gas & Electric Company, Civil 9706(b). review and clearance in accordance Action No. 09–4503 (N.D. Cal.) and D.J. The Department of Justice will receive with established review procedures of Ref. No. 90–5–2–1–09753. for a period of thirty (30) days from the the Paperwork Reduction Act of 1995. The Consent Decree may be examined date of this publication comments The proposed information collection is at: (1) The offices of the United States relating to the proposed Consent Decree. published to obtain comments from the Department of Justice, 301 Howard Comments should be addressed to the public and affected agencies. Comments Street, San Francisco, California 94105; Assistant Attorney General, are encouraged and will be accepted and (2) the offices of the U.S. Environment and Natural Resources until December 4, 2009. This process is Environmental Protection Agency, Division, and either e-mailed to conducted in accordance with 5 CFR Region 9, 75 Hawthorne St., San [email protected] or 1320.10. Francisco, CA 94105. During the public mailed to P.O. Box 7611, U.S. All comments and suggestions, or comment period, the Consent Decree Department of Justice, Washington, DC questions regarding additional may also be examined on the following 20044–7611, and should refer to United information, to include obtaining a copy Web site: http://www.usdoj.gov/enrd/ States v. Apache Nitrogen Products, of the proposed information collection Consent_Decrees.html. A copy of the Inc., No. 4:09–CV–00542–JMR and DOJ instrument with instructions, should be Consent Decree may also be obtained by #90–11–2–1088. directed to Gregory E. Scarbro, Unit mail from the Department of Justice The Consent Decree may be examined Chief, Federal Bureau of Investigation, Consent Decree Library, P.O. Box 7611, at the Office of the United States Criminal Justice Information Services Washington, DC 20044–7611 or by Attorney for the District of Arizona, 405 Division (CJIS), Module E–3, 1000 faxing or e-mailing a request to Tonia W. Congress Street, Suite 4800, Tucson, Custer Hollow Road, Clarksburg, West Fleetwood ([email protected]), AZ 85701–5040. During the public Virginia 26306, or facsimile to (304) fax no. (202) 514–0097, phone comment period, the Consent Decree 625–3566. confirmation number (202) 514–1547. In may also be examined on the following Written comments and suggestions requesting a copy from the Consent Department of Justice Web site: http:// from the public and affected agencies Decree Library, please enclose a check www.usdoj.gov/enrd/open.html. A copy concerning the proposed collection of in the amount of $5.25 (21 pages at 25 of the Consent Decree may also be information are encouraged. Comments

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should address one or more of the (6) An estimate of the total public concerning the proposed collection of following four points: burden (in hours) associated with this information are encouraged. Your (1) Evaluate whether the proposed collection: comments should address one or more collection of information is necessary There are approximately 40,114 of the following four points: for the proper performance of the hours, annual burden, associated with — Evaluate whether the proposed functions of the agency, including this information collection. collection of information is necessary whether the information will have If additional information is required for the proper performance of the practical utility; contact: Ms. Lynn Bryant, Department functions of the agency, including (2) Evaluate the accuracy of the Clearance Officer, Policy and Planning whether the information will have Staff, Justice Management Division, agency’s estimate of the burden of the practical utility; United States Department of Justice, proposed collection of information, —Evaluate the accuracy of the agency’s Patrick Henry Building, Suite 1600, 601 including the validity of the estimate of the burden of the D Street, NW., Washington, DC 20530. methodology and assumptions used; proposed collection of information, (3) Enhance the quality, utility, and Dated: September 29, 2009 including the validity of the clarity of the information to be Lynn Bryant, methodology and assumptions used; collected; and Department Clearance Officer, United States —Enhance the quality, utility, and (4) Minimize the burden of the Department of Justice clarity of the information to be collection of information on those who [FR Doc. E9–23867 Filed 10–2–09; 8:45 am] collected; and are to respond, including through the BILLING CODE 4410–02–P —Minimize the burden of the collection use of appropriate automated, of information on those who are to electronic, mechanical, or other respond, including through the use of technological collection techniques of DEPARTMENT OF JUSTICE appropriate automated, electronic, other forms of information technology, mechanical, or other technological e.g., permitting electronic submission of Office of Justice Programs collection techniques or other forms responses. [OMB Number 1121–NEW] of information technology, e.g., Overview of This Information permitting electronic submission of Collection Agency Information Collection responses. Activities: Proposed Collection; (1) Type of information collection: Comments Requested Overview of This Information Extension of a currently approved collection. (1) Type of Information Collection: ACTION: 30-day notice of new New information collection, 2009–2010 (2) The title of the form/collection: information collection under review: Return A—Monthly Return of Offenses BJS Survey of Campus Law Enforcement 2009–2010 BJS Survey of Campus Law Agencies (CLEA). Known to the Police and Supplement to Enforcement Agencies. Return A—Monthly Return of Offenses (2) The Title of the Form/Collection: Known to the Police. The Department of Justice, Office of 2009–2010 BJS Survey of Campus Law (3) The agency form number, if any, Justice Programs, Bureau of Justice Enforcement Agencies. and the applicable component of the Statistics, will be submitting the (3) The Agency Form Number, if Any, department sponsoring the collection: following information collection request and the Applicable Component of the Forms 1–720, 1–720a, 1–720b, 1–720c, to the Office of Management and Budget Department Sponsoring the Collection: 1–720d, 1–720e, and 1–706; Criminal (OMB) for review and approval in The form label is CJ–44C, Bureau of Justice Information Services Division, accordance with the Paperwork Justice Statistics, Office of Justice Federal Bureau of Investigation, Reduction Act of 1995. The proposed Programs, United States Department of Department of Justice. information collection is published to Justice. (4) Affected public who will be asked obtain comments from the public and (4) Affected Public Who Will Be Asked or required to respond, as well as a brief affected agencies. The proposed or Required To Respond, as Well as a abstract: Primary: City, county, state, information collection was previously Brief Abstract: Primary: Universities and federal, and tribal law enforcement published in the Federal Register on Colleges. The purpose of the CLEA agencies. July 31, 2009, allowing for a 60-day project is to provide detailed statistical This collection is needed to collect public comment period. information on police and security information on Part I offense, rate, The purpose of this notice is to allow agencies serving university and college trend, and clearance data as well as an additional 30 days for public campuses. The project will collect stolen and recovered monetary values of comment until November 4, 2009. This information from campus police and stolen property throughout the United process is conducted in accordance with security agencies on functions States. Data are tabulated and published 5 CFR 1320.10. performed, number and type (sworn vs. in the semiannual and preliminary Written comments and/or suggestions nonsworn) of officers employed, arrest reports and the annual Crime in the regarding the items contained in this jurisdiction, patrol coverage, operating United States. notice, especially the estimated public budget, race and gender of officers, (5) An estimate of the total number of burden and associated response time, screening methods used for hiring new respondents and the amount of time should be directed to the Office of officers, education and training estimated for an average respondent to Management and Budget, Office of requirements for officers, salaries and respond: There are approximately Information and Regulatory Affairs, special pay for officers, weapons 17,738 law enforcement agency Attention Department of Justice Desk authorized for use by officers, type and respondents at 10 minutes for hard copy Officer, Washington, DC 20503. number of vehicles operated, use of and 5 minutes for electronic Additionally, comments may be infield and fixed-site computers, submissions for the Return A and 11 submitted to OMB via facsimile to (202) community policing activities, minutes for hard copy and 5 minutes for 395–5806. emergency preparedness activities, type electronic submissions for the Written comments and suggestions and coverage of mass notification Supplement to Return A. from the public and affected agencies systems being used, special units/

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programs operated, and clearance rates Interested parties are encouraged to Agency: Office of Workers’ for part I offenses. send comments to the Office of Compensation Programs (OWCP). (5) An estimate of the total number of Information and Regulatory Affairs, Type of Review: Extension without respondents and the amount of time Attn: OMB Desk Officer for the change of a currently approved estimated for an average respondent to Department of Labor, Office of collection. respond: It is estimated that information Management and Budget, Room 10235, Title of Collection: Uniform Billing will be collected from 1,500 campus law Washington, DC 20503, Telephone: Form. enforcement agencies, including 202–395–7316/Fax: 202–395–5806 OMB Control Number: 1215–0176. approximately 1,300 agencies serving 4- (these are not toll-free numbers), E-mail: Agency Form Number: OWCP–04. year campuses, and 200 agencies [email protected] within Affected Public: Private Sector— serving 2-year campuses. Annual cost to 30 days from the date of this publication Businesses and other for-profits, Not- the respondents is based on the number in the Federal Register. In order to for-profit institutions. of hours involved in providing ensure the appropriate consideration, Total Estimated Number of information from agency records. Public comments should reference the OMB Respondents: 5,481. reporting burden for this collection of Control Number (see below). Total Estimated Annual Burden information is estimated to average 3 The OMB is particularly interested in Hours: 2,558. hours per data collection form. The comments which: Total Estimated Annual Costs Burden estimate of hour burden is based on • Evaluate whether the proposed (does not include hourly wage costs): $0. prior BJS surveys of law enforcement collection of information is necessary Description: Form OWCP–04 is used agencies that collected similar types of for the proper performance of the by OWCP and contractor bill payment data. functions of the agency, including staff to process bills for medical services (6) An estimate of the total public whether the information will have provided by hospitals and other burden (in hours) associated with the practical utility; institutional medical providers. For collection: The estimated public burden • Evaluate the accuracy of the additional information, see related associated with this collection is 4,500 agency’s estimate of the burden of the notice published at Volume 74 FR hours. proposed collection of information, 29721 on June 23, 2009. If additional information is required including the validity of the contact: Ms. Lynn Bryant, Department Darrin A. King, methodology and assumptions used; Clearance Officer, United States Departmental Clearance Officer. • Enhance the quality, utility, and Department of Justice, Justice [FR Doc. E9–23944 Filed 10–2–09; 8:45 am] Management Division, Policy and clarity of the information to be collected; and BILLING CODE 4510–27–P Planning Staff, Patrick Henry Building, • Suite 1600, 601 D Street, NW., Minimize the burden of the Washington, DC 20530. collection of information on those who DEPARTMENT OF LABOR are to respond, including through the Dated: September 30, 2009. use of appropriate automated, Employment and Training Lynn Bryant, electronic, mechanical, or other Administration Department Clearance Officer, PRA, United technological collection techniques or States Department of Justice. other forms of information technology, [TA–W–71,202] [FR Doc. E9–23888 Filed 10–2–09; 8:45 am] e.g., permitting electronic submission of Sappi Fine Paper N.S., a Subsidiary of BILLING CODE 4410–18–P responses. Sappi Ltd., Including On-Site Leased Agency: Office of Workers’ Workers From ABB, Inc., Storeroom Compensation Programs (OWCP). DEPARTMENT OF LABOR Solutions, Schneider Trucking, Sonoco Type of Review: Extension without Co. and Foreway Trucking, Muskegon, change of a currently approved Office of the Secretary MI; Amended Certification Regarding collection. Eligibility To Apply for Worker Submission for OMB Review: Title of Collection: Provider Adjustment Assistance Comment Request Enrollment Form. OMB Control Number: 1215–0137. In accordance with Section 223 of the September 30, 2009. Agency Form Numbers: OWCP–1168. Trade Act of 1974, as amended (‘‘Act’’), The Department of Labor (DOL) Affected Public: Private Sector— 19 U.S.C. 2273, the Department of Labor hereby announces the submission of the Businesses and other for-profits. issued a Certification of Eligibility To following public information collection Total Estimated Number of Apply for Worker Adjustment requests (ICR) to the Office of Respondents: 70,185. Assistance on June 19, 2009, applicable Management and Budget (OMB) for Total Estimated Annual Burden to workers of Sappi Fine Paper N.A., a review and approval in accordance with Hours: 9,335. subsidiary of Sappi Ltd., including on- the Paperwork Reduction Act of 1995 Total Estimated Annual Costs Burden site leased workers from ABB, Inc., (Pub. L. 104–13, 44 U.S.C. chapter 35). (does not include hourly wage costs): Muskegon, Michigan. The notice was A copy of each ICR, with applicable $32,987. published in the Federal Register supporting documentation; including Description: The Form OWCP–1168 September 2, 2009 (74 FR 45477). among other things a description of the requests profile information on At the request of the State Agency, the likely respondents, proposed frequency providers that enroll in one (or more) of Department reviewed the certification of response, and estimated total burden OWCP’s benefit programs so its billing for workers of the subject firm. The may be obtained from the RegInfo.gov contractor can pay them for services workers are engaged in activities related Web site at http://www.reginfo.gov/ rendered to beneficiaries using its to the production of fine coated paper. public/do/PRAMain or by contacting automated bill processing system. For The company reports that on-site Mary Beth Smith-Toomey on 202–693– additional information, see related leased workers from Storeroom 4223 (this is not a toll-free number)/e- notice published at Volume 74 FR Solutions, Schneider Trucking, Sonoco mail: [email protected]. 29721 on June 23, 2009. Co., and Foreway Trucking were

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employed on-site at the Muskegon, certification for workers of the subject to workers of Wacker Chemical Michigan location of Sappi Fine Paper firm. The workers are engaged in Corporation, Wacker Polymers Division, N.A., a subsidiary of Sappi Ltd. The activities related to the production of a subsidiary of Wacker Chemie AG, Department has determined that these fashion decorated T-shirts. including on-site leased workers from workers were sufficiently under the The company reports that worker Wycoff Group, d/b/a Snelling Staffing control of the subject firm to be separations occurred at the Executive and BSS, South Brunswick, New Jersey. considered leased workers. Offices, Merriam, Kansas location of the The notice was published in the Federal Based on these findings, the subject firm. The Executive Offices Register on September 2, 2009 (74 FR Department is amending this provides administrative, sales and 45476). certification to include workers leased financial service functions for the At the request of the State Agency, the from Storeroom Solutions, Schneider subject firm’s production facility in Department reviewed the certification Trucking, Sonoco Co. and Foreway Pittsburg, Kansas. for workers of the subject firm. The Trucking working on-site at the Accordingly, the Department is workers are engaged in the production Muskegon, Michigan location of Sappi amending this certification to include of wet emulsions used in the Fine Paper N.A., a subsidiary of Sappi workers of the National Mills, Inc., construction industry, such as Ltd. Executive Offices, Merriam, Kansas. adhesives, paints, caulks, grouts and The amended notice applicable to The intent of the Department’s paper products. TA–W–71,202 is hereby issued as certification is to include all workers of follows: the subject firm who were adversely The company reports that on-site affected by the shift in production of leased workers from On-Board Services, All workers of Sappi Fine Paper N.A., a Inc., Action Mechanical Contractors, subsidiary of Sappi Ltd., including on-site fashion decorated T-shirts to Honduras. leased workers from ABB, Inc., Storeroom The amended notice applicable to Ambient Electrical Contracting, Inc., Solutions, Schneider Trucking, Sonoco Co. TA–W–70,384 is hereby issued as and Yoh Managed Staffing were and Foreway Trucking, Muskegon, Michigan, follows: employed on-site at the South who became totally or partially separated Brunswick, New Jersey location of from employment on or after June 12, 2008, All workers of National Mills, Inc., Wacker Chemical Corporation, Wacker through July 22, 2011, and all workers in the including on-site leased workers from Polymers Division, a subsidiary of group threatened with total or partial Manpower Temp Service, Pittsburg, Kansas (TA–W–70,384), and National Mills, Inc., Wacker Chemie AG. The Department separation from employment on date of has determined that these workers were certification through two years from the date Executive Offices, Merriam, Kansas (TA–W– of certification, are eligible to apply for 70,384A), who became totally or partially sufficiently under the control of the adjustment assistance under Chapter 2 of separated from employment on or after May subject firm to be considered leased Title II of the Trade Act of 1974, as amended. 19, 2008 through June 26, 2011, and all workers. workers in the group threatened with total or Signed at Washington, DC, this 22nd day Based on these findings, the partial separation from employment on date of September 2009. Department is amending this of certification through two years from the Elliott S. Kushner, date of certification, are eligible to apply for certification to include workers leased Certifying Officer, Division of Trade adjustment assistance under Chapter 2 of from On-Board Services, Inc., Action Adjustment Assistance. Title II of the Trade Act of 1974, as amended. Mechanical Contractors, Ambient [FR Doc. E9–23901 Filed 10–2–09; 8:45 am] Electrical Contracting, Inc., and Yoh Elliott S. Kushner, BILLING CODE 4510–FN–P Managed Staffing working on-site at the Certifying Officer, Division of Trade South Brunswick, New Jersey location Adjustment Assistance. of the subject firm. DEPARTMENT OF LABOR [FR Doc. E9–23912 Filed 10–2–09; 8:45 am] The amended notice applicable to BILLING CODE P TA–W–70,221 is hereby issued as Employment and Training follows: Administration DEPARTMENT OF LABOR All workers of Wacker Chemical [TA–W–70,384; TA–W–70,384A] Corporation, Wacker Polymers Division, a subsidiary of Wacker Chemie AG, including National Mills, Inc. Including On-Site Employment and Training Administration on-site leased workers from Wycoff Group, d/ Leased Workers From Manpower Temp b/a/Snelling Staffing, BSS, On-Board Service, Pittsburg, KS; National Mills, [TA–W–70,221] Services, Inc., Action Mechanical Inc. Executive Offices, Marriam, KS; Contractors, Ambient Electrical Contracting, Amended Certification Regarding Wacker Chemical Corporation, Wacker Inc., and Yoh Managed Staffing, South Eligibility To Apply for Worker Polymers Division, a Subsidiary of Brunswick, New Jersey, who became totally Adjustment Assistance Wacker Chemie AG, Including On-Site or partially separated from employment on or Leased Workers From On-Board after May 18, 2008, through July 16, 2011, In accordance with Section 223 of the and all workers in the group threatened with Services, Inc., Action Mechanical total or partial separation from employment Trade Act of 1974, as amended (‘‘Act’’), Contractors, Ambient Electrical 19 U.S.C. 2273, the Department of Labor on date of certification through two years Contracting, Inc. and Yoh Managed from the date of certification, are eligible to issued a Certification of Eligibility to Staffing, South Brunswick, NJ; apply for adjustment assistance under Apply for Worker Adjustment Amended Certification Regarding Chapter 2 of Title II of the Trade Act of 1974, Assistance on June 26, 2009, applicable Eligibility To Apply for Worker as amended. to workers of National Mills, Inc., Adjustment Assistance including on-site leased workers from Signed at Washington, DC, this 18th day of Manpower Temp Service, Pittsburg, In accordance with Section 223 of the September 2009. Kansas. The notice was published in the Trade Act of 1974, as amended (‘‘Act’’), Richard Church, Federal Register on August 19, 2009 19 U.S.C. 2273, the Department of Labor Certifying Officer, Division of Trade (74 FR 41935). issued a Certification of Eligibility to Adjustment Assistance. At the request of a company official, Apply for Worker Adjustment [FR Doc. E9–23911 Filed 10–2–09; 8:45 am] the Department reviewed the Assistance on July 16, 2009, applicable BILLING CODE 4510–FN–P

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DEPARTMENT OF LABOR DEPARTMENT OF LABOR New information shows that workers leased from Work Connection, Express Employment and Training Employment and Training Employment Professionals, Express Administration Administration Personnel Services and Masterson [TA–W–65,028, TA–W–65,028A, TA–W– Personnel were employed on-site at the [TA–W–70,085] 65,028B, TA–W–65,028C, TA–W–65,028D, Detroit Lakes, Minnesota, Cambridge, TA–W–65,028E] Minnesota, Bagley, Minnesota, Emerson Network Power, Embedded Audubon, Minnesota, Park Rapids, Computing, Including On-Site Leased Team Industries, Inc., Including On- Minnesota and Baxter, Minnesota Workers of QTI, Madison, WI; Site Leased Workers From Work locations of Team Industries, Inc. The Amended Certification Regarding Connection, Express Employment Department has determined that these Eligibility To Apply for Worker Professionals, Express Personnel workers were sufficiently under the Adjustment Assistance Services and Masterson Personnel, control of the subject firm to be Detroit Lakes, MN; Team Industries, considered leased workers. In accordance with Section 223 of the Inc., Including On-Site Leased Workers Trade Act of 1974, as amended (‘‘Act’’), From Work Connection, Express Based on these findings, the 19 U.S.C. 2273, the Department of Labor Employment Professionals, Express Department is amending this issued a Certification of Eligibility To Personnel Services and Masterson certification to include workers leased Apply for Worker Adjustment Personnel, Cambridge, MN; Team from the above mentioned firms Assistance on August 5, 2009, Industries, Inc., Including On-Site working on-site at the above mentioned applicable to workers of Emerson Leased Workers From Work locations of Team Industries, Inc. Network Power, Embedded Computing, Connection, Express Employment The amended notice applicable to including on-site leased workers from Professionals, Express Personnel TA–W–65,028 is hereby issued as QTI, Madison, Wisconsin. The notice Services and Masterson Personnel, follows: will be published soon in the Federal Bagley, MN; Team Industries, Inc., All workers of Team Industries, Inc., Register. Including On-Site Leased Workers including on-site leased workers from Work At the request of the State Agency, the From Work Connection, Express Connection, Express Employment Department reviewed the certification Employment Professionals, Express Professionals, Express Personnel Services for workers of the subject firm. The Personnel Services and Masterson and Masterson Personnel, Detroit Lakes, workers are engaged in the Personnel, Audubon, MN; Team Minnesota (TA–W–65,028), Team Industries, manufacturing of embedded computer Industries, Inc., Including On-Site Inc., including on-site leased workers from products. Leased Workers From Work Work Connection, Press Employment The review shows that on July 30, Connection, Express Employment Professionals, Express Personnel Services 2007, a certification of eligibility to Professionals, Express Personnel and Masterson Personnel, Cambridge, apply for adjustment assistance was Services and Masterson Personnel, Minnesota (TA–W–65,028A), Team Industries, Inc., including on-site leased issued for all workers of Emerson Park Rapids, MN; Team Industries, Network Power, Embedded Computing workers from Work Connection, Express Inc., Including On-Site Leased Workers Employment Professionals, Express Facility, Madison, Wisconsin, separated From Work Connection, Express from employment on or after June 29, Personnel Services and Masterson Personnel, Employment Professionals, Express Bagley, Minnesota (TA–W–65,028B), Team 2006 through July 30, 2009. The notice Personnel Services and Masterson Industries, Inc., including on-site leased was published in the Federal Register Personnel, Baxter, MN; Amended workers from Work Connection, Express on August 14, 2007 (72 FR 45451). Certification Regarding Eligibility To Employment Professionals, Express In order to avoid an overlap in worker Apply for Worker Adjustment Personnel Services and Masterson Personnel, group coverage, the Department is Assistance and Alternative Trade Audubon, Minnesota (TA–W–65,028C), amending the May 18, 2008 impact date Adjustment Assistance Team Industries, Inc., including on-site established for TA–W–70,085, to read leased workers from Work Connection, July 31, 2009. In accordance with Section 223 of the Express Employment Professionals, Express The amended notice applicable to Trade Act of 1974 (19 U.S.C. 2273), and Personnel Services and Masterson Personnel, TA–W–70,085 is hereby issued as Section 246 of the Trade Act of 1974 (26 Park Rapids, Minnesota (TA–W–65,028D), follows: U.S.C. 2813), as amended, the and Team Industries, Inc., including on-site Department of Labor issued a leased workers from Work Connection, All workers of Emerson Network Power, Express Employment Professionals, Express Embedded Computing, including on-site Certification of Eligibility to Apply for Worker Adjustment Assistance and Personnel Services and Masterson Personnel, leased workers of QTI, Madison, Wisconsin, Baxter, Minnesota (TA–W–65,028E) who who became totally or partially separated Alternative Trade Adjustment Assistance on February 27, 2009, became totally or partially separated from from employment on or after July 31, 2009, employment on or after January 28, 2008, through August 5, 2011, and all workers in applicable to workers of Team through February 27, 2011, are eligible to the group threatened with total or partial Industries, Inc., Detroit Lakes, apply for adjustment assistance under separation from employment on date of Minnesota, Cambridge, Minnesota, Section 223 of the Trade Act of 1974, and are certification through two years from the date Bagley, Minnesota, Audubon, also eligible to apply for alternative trade of certification, are eligible to apply for Minnesota, Park Rapids, Minnesota and adjustment assistance under Chapter 2 of adjustment assistance under Section 246 of Title II of the Trade Act of 1974, as amended. Baxter, Minnesota. The notice was the Trade Act of 1974. published in the Federal Register on Signed in Washington, DC, this 16th day of March 19, 2009 (74 FR 11757). Signed at Washington, DC, this 16th day of September 2009. At the request of the State agency, the September 2009. Elliott S. Kushner, Department reviewed the certification Richard Church, Certifying Officer, Division of Trade for workers of the subject firm. The Certifying Officer, Division of Trade Adjustment Assistance. workers are engaged in the production Adjustment Assistance. [FR Doc. E9–23909 Filed 10–2–09; 8:45 am] of drive train components for [FR Doc. E9–23908 Filed 10–2–09; 8:45 am] BILLING CODE 4510–FN–P recreational vehicles. BILLING CODE 4510–FN–P

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DEPARTMENT OF LABOR from Gonzalez Contract Services workers are engaged in the production working on-site at the Troy, Michigan of hair colorants. Employment and Training location of the subject firm. New information shows that a worker, Administration The amended notice applicable to leased from Hewlett-Packard Company, [TA–W–65,019] TA–W–65,019 is hereby issued as follows: was employed on-site at the Stamford, Connecticut location of Procter and Delphi Corporation, Corporate All workers of Delphi Corporation, Gamble Hair Care, LLC, a subsidiary of Headquarters, and Product & Service Corporate Headquarters and Product & Procter and Gamble. The Department Solutions Division, Including On-Site Service Solutions Division, including on-site Leased Workers From Aerotek, leased workers from Aerotek, Bartech, has determined that this worker was Bartech, Securitas Security, Rapid Securitas Security, Rapid Global Business sufficiently under the control of Procter System, Inc. (RGBSI) and Gonzalez Contract Global Business Systems, Inc. (RGBSI) and Gamble Hair Care, LLC to be Services, Troy, Michigan, who became totally considered a leased worker. and Gonzalez Contract Services, Troy, or partially separated from employment on or MI; Amended Certification Regarding after January 27, 2008, through January 30, Based on these findings, the Eligibility To Apply for Worker 2011, are eligible to apply for adjustment Department is amending this Adjustment Assistance and Alternative assistance under Section 223 of the Trade Act certification to include a worker leased Trade Adjustment Assistance of 1974, and are also eligible to apply for from Hewlett-Packard Company alternative trade adjustment assistance under In accordance with Section 223 of the Section 246 of the Trade Act of 1974. working on-site at the Stamford, Trade Act of 1974 (19 U.S.C. 2273), and Connecticut, location of the subject Signed at Washington, DC this 21st day of firm. Section 246 of the Trade Act of 1974 (26 September 2009. U.S.C. 2813), as amended, the Richard Church, The intent of the Department’s Department of Labor issued a Certifying Officer, Division of Trade certification is to include all workers Certification of Eligibility To Apply for Adjustment Assistance. employed at Procter and Gamble Hair Worker Adjustment Assistance and [FR Doc. E9–23907 Filed 10–2–09; 8:45 am] Care, LLC, a subsidiary of Procter and Alternative Trade Adjustment BILLING CODE 4510–FN–P Gamble, Stamford, Connecticut, who Assistance on January 30, 2009, were adversely affected by a shift in applicable to workers of Delphi production of hair colorants to Mexico. Corporation, Corporate Headquarters DEPARTMENT OF LABOR and Product & Service Solutions The amended notice applicable to Division, Troy, Michigan. The notice Employment and Training TA–W–64,675 is hereby issued as was published in the Federal Register Administration follows: on February 23, 2009 (74 FR 8115). The [TA–W–64,675] All workers of Procter and Gamble Hair certification was amended on April 3, Care, LLC, a subsidiary of Procter and 2009 and April 9, 2009 to include on- Procter and Gamble Hair Care, LLC, a Gamble, including on-site leased workers site leased workers from Aerotek, Subsidiary of Procter and Gamble from Staff Management, Seaton Corp., Bartech, Securitas Security and Rapid Including On-Site Leased Workers Horizon Staffing, and Hewlett-Packard Global Business Systems, Inc., (RGBSI). From Staff Management, Seaton Corp., Company, Stamford, Connecticut, who The notices were published in the Horizon Staffing and Hewlett-Packard became totally or partially separated from Federal Register on April 14, 2009 (74 Company, Stamford, CT; Amended employment on or after December 12, 2007 FR 17219) and April 19, 2009 (74 FR Certification Regarding Eligibility To through December 29, 2010, are eligible to 17692). Apply for Worker Adjustment apply for adjustment assistance under At the request of the State agency, the Assistance and Alternative Trade Section 223 of the Trade Act of 1974, and are Department reviewed the certification Adjustment Assistance also eligible to apply for alternative trade for workers of the subject firm. The adjustment assistance under Section 246 of workers perform administrative and In accordance with Section 223 of the the Trade Act of 1974. support functions for prototype Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 Signed at Washington, DC, this 16th day of automotive parts. September 2009. New information shows that workers U.S.C. 2813), as amended, the leased from Gonzalez Contract Services Department of Labor issued a Elliott S. Kushner, were employed on-site at the Troy, Certification of Eligibility to Apply for Certifying Officer, Division of Trade Michigan location of Delphi Worker Adjustment Assistance and Adjustment Assistance. Corporation, Corporate Headquarters Alternative Trade Adjustment [FR Doc. E9–23906 Filed 10–2–09; 8:45 am] and Product & Service Solutions Assistance on December 29, 2008, BILLING CODE 4510–FN–P Division. applicable to workers of Procter and The Department has determined that Gamble Hair Care, LLC, a subsidiary of these workers were sufficiently under Procter and Gamble, Stamford, the control of Delphi Corporation, Connecticut. The notice was published Corporate Headquarters, and Product & in the Federal Register on January 26, Service Solutions Division to be 2009 (74 FR 4463). The certification was considered leased workers. amended on January 15, 2009 to include The intent of the Department’s on-site leased workers from Staff certification is to include all workers of Management, Seaton Corp. and Horizon the subject firm adversely affected by Staffing. The notice was published in the shift in production of prototype the Federal Register on February 2, automotive parts to Mexico. 2009 (74 FR 5868–5869). Based on these findings, the At the request of the State agency, the Department is amending this Department reviewed the certification certification to include workers leased for workers of the subject firm. The

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DEPARTMENT OF LABOR Qimonda 200MM Facility to be Department of Labor issued a considered leased workers. Certification of Eligibility to Apply for Employment and Training Based on these findings, the Worker Adjustment Assistance and Administration Department is amending this Alternative Trade Adjustment [TA–W–64,401] certification to include workers leased Assistance on October 1, 2008, from ASML US, Inc. working on-site at applicable to workers of Whirlpool Qimonda 200MM Facility Including On- the Sandston, Virginia location of the Corporation, Oxford Division, Oxford, Site Leased Workers From Tokyo subject firm. Mississippi, including on-site leased Electron America, Nikon Precision, The intent of the Department’s workers from Vend-A-Snack, Willstaff, Inc., Ebara Technologies, Inc., Air certification to include all workers Cobra Security, Tri-Star Companies, Products and Chemicals, Inc., PSI employed at Qimonda 200MM Facility, Inc., and Cross Gate Services, Inc. The Repair Services, Exel Logistics, Sandston, Virginia who were adversely notice was published in the Federal Xperts, Inc., KLA-Tencor Craftcorps, affected by a shift in production to a Register on October 20, 2008 (73 FR Inc., Colonial Webb, Novellus Systems, foreign country followed by increased 62322). Inc., and ASML US, INC. and Qimonda imports of articles like or directly Additionally, the Department of Labor North America Corporation, Qimonda competitive with DRAM semiconductor issued an Amended Certification of Richmond, a Subsidiary of Qimonda wafers produced by the subject firm. Eligibility to Apply for Worker AG, Sandston, VA; Amended The amended notice applicable to Adjustment Assistance and Alternative Certification Regarding Eligibility To TA–W–64,401 is hereby issued as Trade Adjustment Assistance on April Apply for Worker Adjustment follows: 8, 2009, applicable to workers of Assistance and Alternative Trade All workers of Qimonda 200MM Facility, Whirlpool Corporation, Oxford Adjustment Assistance including on-site leased workers from Tokyo Division, Oxford, Mississippi, including Electron America, Nikon Precision, Inc., on-site leased workers from Vend-A- In accordance with Section 223 of the Ebara Technologies, Inc., Air Products and Snack, Willstaff, Cobra Security, Tri- Trade Act of 1974 (19 U.S.C. 2273), and Chemicals, Inc., PSI Repair Services, Exel Star Companies, Inc., Cross Gate Section 246 of the Trade Act of 1974 (26 Logistics, Xperts, Inc., KLA–Tensor, Services, Inc., and iMPact Business U.S.C. 2813), as amended, the Craftcorps, Inc., Colonial Webb, Novellus Group. The notice was published in the Department of Labor issued a Systems, Inc., and ASML US, Inc., and Federal Register on April 16, 2009 (74 Certification of Eligibility to Apply for including on-site workers of Qimonda North FR 17694). Worker Adjustment Assistance and America Corp., Qimonda Richmond, a The Department reviewed the Alternative Trade Adjustment subsidiary of Qimonda AG, Sandston, Virginia, who became totally or partially certification for workers of the subject Assistance on December 11, 2008, separated from employment on or after firm. The workers are engaged in the applicable to workers of Qimonda November 11, 2007 through December 11, production of cooking products 200MM Facility, Sandston, Virginia. 2010, are eligible to apply for adjustment (household ovens, stove tops, and The notice was published in the Federal assistance under Section 223 of the Trade Act microwaves). Register on December 30, 2008 (73 FR of 1974, and are also eligible to apply for New information shows that workers 79914). The certification was amended alternative trade adjustment assistance under leased from CJ Industrial Supply were on February 10, 2009, March 3, 2009, Section 246 of the Trade Act of 1974. employed on-site at the Oxford, March 31, 2009, June 12, 2009, July 21, Signed at Washington, DC, this 17th day of Mississippi location of Whirlpool 2009 and August 7, 2009 to include on- September 2009. Corporation, Oxford Division. The site leased workers of Tokyo Electron Elliott S. Kushner, Department has determined that these America, Nikon Precision, Ebara Certifying Officer, Division of Trade workers were sufficiently under the Technologies, Air Products and Adjustment Assistance. control of the subject firm to be Chemicals, Inc., PSI Repair Services, [FR Doc. E9–23905 Filed 10–2–09; 8:45 am] considered leased workers. Exel Logistics, Xperts, Inc., KLA/ BILLING CODE 4510–FN–P Based on these findings, the Tencor, Craftcorps, Inc., Colonial Webb, Department is amending this and Novellus Systems, Inc. and certification to include workers leased Qimonda North America Corp., DEPARTMENT OF LABOR from CJ Industrial Supply working on- Qimonda Richmond, an on-site site at the Oxford, Mississippi location subsidiary of the subject firm. These Employment and Training of the subject firm. notices were published in the Federal Administration The intent of the Department’s Register on February 23, 2009 (74 FR [TA–W–63,990] certification is to include all workers 8111), March 11, 2009 (74 FR 10619), employed at Whirlpool Corporation, April 7, 2009 (74 FR 15752), June 24, Whirlpool Corporation, Oxford Oxford Division, Oxford, Mississippi 2009 (74 FR 30112), July 30, 2009 (74 Division, Including On-Site Leased who were adversely affected by a shift FR 38046), and August 26, 2009 (74 FR Workers From Vend-A-Snack Inc., in production of cooking products to 43157–43158). Willstaff, Inc., Cobra Security Inc., Tri- Mexico. At the request of the State agency, the Star Companies Inc., Cross Gate The amended notice applicable to Department reviewed the certification Services, Inc., Impact Business Group, TA–W–63,990 is hereby issued as for workers of the subject firm. The and CJ Industrial Supply, Oxford, MI; follows: workers are engaged in the production Amended Certification Regarding of DRAM semiconductor wafers. All workers of Whirlpool Corporation, Eligibility To Apply for Worker Oxford Division, Oxford, Mississippi, The company reports that workers Adjustment Assistance and Alternative leased from ASML US, Inc. were including on-site leased workers from Vend- Trade Adjustment Assistance A-Snack, Willstaff, Cobra Security, Tri-Star employed on-site at the Sandston, Companies, Inc., Cross Gate Services, Inc., Virginia location of Qimonda 200MM In accordance with Section 223 of the iMPact Business Group, and CJ Industrial Facility. The Department has Trade Act of 1974 (19 U.S.C. 2273), and Supply, who became totally or partially determined that these workers were Section 246 of the Trade Act of 1974 (26 separated from employment on or after sufficiently under the control of U.S.C. 2813), as amended, the September 4, 2007 through October 1, 2010,

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are eligible to apply for adjustment assistance New information shows that workers TUR to the threshold for triggering ‘‘on’’ under Section 223 of the Trade Act of 1974, leased from Finesse Personnel, Techlink to an extended benefit period. For and are also eligible to apply for alternative Systems, Inc. and Lyonbridge were weeks of unemployment beginning on trade adjustment assistance under Section employed on-site at the Corvallis, September 6, 2009, eligible unemployed 246 of the Trade Act of 1974. Oregon location of Hewlett Packard, workers will be able to collect up to an Signed at Washington, DC, this 16th day of Inkjet and Web Solutions Division. The additional 13 weeks of unemployment September 2009. Department has determined that these insurance benefits. Elliott S. Kushner, workers were sufficiently under the Information for Claimants Certifying Officer, Division of Trade control of the subject firm to be Adjustment Assistance. considered leased workers. The duration of benefits payable in [FR Doc. E9–23904 Filed 10–2–09; 8:45 am] Based on these findings, the the EB program, and the terms and BILLING CODE 4510–FN–P Department is amending this conditions on which they are payable, certification to include leased workers are governed by the Federal-State from Finesse Personnel, Techlink Extended Unemployment Compensation DEPARTMENT OF LABOR Systems, Inc. and Lyonbridge working Act of 1970, as amended, and the on-site at the Inkjet and Web Solutions operating instructions issued to the Employment and Training Division, Corvallis, Oregon location of states by the U.S. Department of Labor. Administration the subject firm. In the case of a state beginning an EB The amended notice applicable to period, the State Workforce Agency will [TA–W–63,939] TA–W–63,939 is hereby issued as furnish a written notice of potential follows: entitlement to each individual who has Hewlett Packard Inkjet and Web exhausted all rights to regular benefits All workers of Hewlett Packard, Inkjet and Solutions Division Including On-Site and is potentially eligible for EB (20 Leased Workers From CDI, Manpower, Web Solutions Division, including on-site leased workers from CDI, Manpower, CFR 615.13 (c) (1)). Persons who believe Securitas Security Services USA, Volt, Securitas Security Services USA, Volt, they may be entitled to EB or who wish Cable Consultants, D/B/A Black Box Managed Business Solutions, 888 Consulting to inquire about their rights under the Network Services, Managed Business Group, Inc., d/b/a TAC Worldwide, Finesse program should contact their State Solutions, 888 Consulting Group, Inc., Personnel, Techlink Systems, Inc. and Workforce Agency. D/B/A TAC Worldwide, Finesse Lyonbridge, Corvallis, Oregon, engaged in the FOR FURTHER INFORMATION CONTACT: production of inkjet supplies, who became Personnel, Techlink Systems, Inc., and Scott Gibbons, U.S. Department of Lyonbridge, Corvallis, OR; Amended totally or partially separated from employment on or after August 26, 2007, Labor, Employment and Training Certification Regarding Eligibility To Administration, Office of Workforce Apply for Worker Adjustment through September 19, 2010, are eligible to apply for adjustment assistance under Security, 200 Constitution Avenue, Assistance and Alternative Trade Section 223 of the Trade Act of 1974, and are NW., Frances Perkins Bldg. Room S– Adjustment Assistance also eligible to apply for alternative trade 4231, Washington, DC 20210, telephone In accordance with Section 223 of the adjustment assistance under Section 246 of number (202) 693–3008 (this is not a the Trade Act of 1974. Trade Act of 1974 (19 U.S.C. 2273), and toll-free number) or by e-mail: Section 246 of the Trade Act of 1974 (26 Signed at Washington, DC, this 18th day of [email protected]. U.S.C. 2813), as amended, the September 2009. Signed in Washington, DC, this 29th day of Department of Labor issued a Richard Church, September 2009. Certification of Eligibility to Apply for Certifying Officer, Division of Trade Jane Oates, Worker Adjustment Assistance and Adjustment Assistance. Assistant Secretary, Employment and Alternative Trade Adjustment [FR Doc. E9–23903 Filed 10–2–09; 8:45 am] Training Administration. Assistance on September 19, 2008, BILLING CODE 4510–FN–P [FR Doc. E9–23885 Filed 10–2–09; 8:45 am] applicable to workers of Hewlett BILLING CODE 4510–FW–P Packard, Inkjet and Web Solutions Division, including on-site leased DEPARTMENT OF LABOR workers from CDI, Manpower, Securitas DEPARTMENT OF LABOR Security Services USA and Volt, Employment and Training Corvallis, Oregon. The notice was Administration Employment and Training published in the Federal Register on Administration Notice of a Change in Status of an October 3, 2008 (73 FR 57682). The Extended Benefit (EB) Period for New Investigations Regarding Certifications certification was amended on December Mexico of Eligibility To Apply for Worker 4, 2008 and February 20, 2009 to Adjustment Assistance include on-site leased workers from AGENCY: Employment and Training Cable Consultants, d/b/a Black Box Administration, Labor. Petitions have been filed with the Network Services, Managed Business ACTION: Notice. Secretary of Labor under Section 221(a) Solutions and 888 Consulting Group, of the Trade Act of 1974 (‘‘the Act’’) and Inc., d/b/a TAC Worldwide. The notices SUMMARY: This notice announces a are identified in the Appendix to this were published in the Federal Register change in benefit period eligibility notice. Upon receipt of these petitions, on December 15, 2008 (73 FR 76058) under the EB program for New Mexico. the Director of the Division of Trade and March 4, 2009 (74 9431–9432). The following change has occurred Adjustment Assistance, Employment At the request of State Agency, the since the publication of the last notice and Training Administration, has Department reviewed the certification regarding New Mexico’s EB status: instituted investigations pursuant to for workers of the subject firm. The • New Mexico’s TUR for July 2009, Section 221(a) of the Act. workers are engaged in the production released on August 21, 2009, by the The purpose of each of the of inkjet supplies, particularly in jet Bureau of Labor Statistics, brought its investigations is to determine whether printer cartridge heads. three-month average seasonally adjusted the workers are eligible to apply for

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adjustment assistance under Title II, Director, Division of Trade Adjustment of Trade Adjustment Assistance, Chapter 2, of the Act. The investigations Assistance, at the address shown below, Employment and Training will further relate, as appropriate, to the not later than October 15, 2009. Administration, U.S. Department of determination of the date on which total Interested persons are invited to Labor, Room N–5428, 200 Constitution or partial separations began or submit written comments regarding the Avenue, NW., Washington, DC 20210. threatened to begin and the subdivision subject matter of the investigations to of the firm involved. the Director, Division of Trade Signed at Washington, DC, this 9th day of The petitioners or any other persons Adjustment Assistance, at the address September 2009. showing a substantial interest in the shown below, not later than October 15, Richard Church, subject matter of the investigations may 2009. Certifying Officer, Division of Trade request a public hearing, provided such The petitions filed in this case are Adjustment Assistance. request is filed in writing with the available for inspection at the Division

APPENDIX [TAA petitions instituted between 8/24/09 and 8/28/09]

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

72102 ...... E.R. Wagner Manufacturing Company, Casters and Wheels Di- Hustisford, WI ...... 08/24/09 08/21/09 vision (Comp). 72103 ...... Terex, LLC (State) ...... Cedar Rapids, IA ...... 08/24/09 08/21/09 72104 ...... Smithfield (Wkrs) ...... Elon College, NC ...... 08/24/09 08/20/09 72105 ...... Oclars, Inc. (Wkrs) ...... Tuscon, AZ ...... 08/24/09 08/21/09 72106 ...... Sinteite Furnace Division/Gasbarre Products, Inc. (Wkrs) ...... St. Mary’s, PA ...... 08/24/09 08/15/09 72107 ...... Kuka Assembly and Test Corp. (Wkrs) ...... Fenton, MI ...... 08/25/09 08/18/09 72108 ...... Crown Group (Wkrs) ...... Port Huron, MI ...... 08/25/09 08/24/09 72109 ...... Tyco Electronics Corporation, Global Application Tooling Divi- Mount Sidney, VA ...... 08/25/09 08/24/09 sion (Comp). 72110 ...... JR Engineering (Wkrs) ...... Barberton, OH ...... 08/25/09 08/22/09 72111 ...... Fuzion Technologies, Inc. (Comp) ...... Adrian, PA ...... 08/25/09 07/29/09 72112 ...... Micro Motion Inc. (Wkrs) ...... Boulder, CO ...... 08/25/09 07/17/09 72113 ...... Imerys Clays (Wkrs) ...... Sandersville, GA ...... 08/25/09 08/25/09 72114 ...... Furniture Brands—Thomasville P #9 (Wkrs) ...... Hickory, NC ...... 08/25/09 08/12/09 72115 ...... Emerson Climate Technologies (Comp) ...... St. Louis, MO ...... 08/25/09 08/18/09 72116 ...... RCO Engineering, Inc. (Comp) ...... Roseville, MI ...... 08/25/09 08/25/09 72117 ...... Manitowoc Cranes (Union) ...... Manitowoc, WI ...... 08/25/09 08/24/09 72118 ...... Whitey’s Inc. (Comp) ...... Mansfield, OH ...... 08/25/09 08/24/09 72119 ...... CTC/Ford Motor Company (Wkrs) ...... Dearborn, MI ...... 08/25/09 08/24/09 72120 ...... Vanguard Furniture (Wkrs) ...... Conover, NC ...... 08/25/09 08/14/09 72121 ...... General Motors (Wkrs) ...... Warren, MI ...... 08/25/09 08/14/09 72122 ...... The Dial Company (Wkrs) ...... St. Louis, MO ...... 08/25/09 08/07/09 72123 ...... MKS (Wkrs) ...... Rochester, NY ...... 08/25/09 08/01/09 72124 ...... Joy Ranch, Inc. (Comp) ...... Woodlawn, VA ...... 08/25/09 08/10/09 72125 ...... Manitowoc Crane Group (Union) ...... Port Washington, WI ...... 08/26/09 08/25/09 72126 ...... Medtronic (Wkrs) ...... Tempe, AZ ...... 08/26/09 08/24/09 72127 ...... Wintersleiger, Inc. (Comp) ...... Colwich, KS ...... 08/26/09 08/25/09 72128 ...... Samsung Austin Semiconductor (Comp) ...... Austin, TX ...... 08/26/09 08/26/09 72129 ...... Hampton Lumber Mills-Washington, Inc. (Comp) ...... Morton, WA ...... 08/26/09 08/25/09 72130 ...... Sanoh-America, Inc. (Wkrs) ...... Findlay, OH ...... 08/26/09 08/21/09 72131 ...... Phillips Van Heusen Corp. (Wkrs) ...... Schuylkui haven, PA ...... 08/26/09 08/25/09 72132 ...... Plastic Engineering (State) ...... Sheboygan, WI ...... 08/26/09 08/25/09 72133 ...... North American Pulp Molding (State) ...... Haynesville, LA ...... 08/26/09 08/25/09 72134 ...... General Electric (Wkrs) ...... Winchester, VA ...... 08/26/09 08/19/09 72135 ...... IACNA (Wkrs) ...... Strasburg, VA ...... 08/26/09 08/13/09 72136 ...... EME Corporation (Comp) ...... Burkesville, KY ...... 08/26/09 08/25/09 72137 ...... DHL Express (Union) ...... Romulus, MI ...... 08/26/09 08/24/09 72138 ...... Manitowoc Ice (Union) ...... Manitowoc, WI ...... 08/26/09 08/24/09 72139 ...... EDS, an HP COmpany (Comp) ...... Auburn Hills, MI ...... 08/27/09 08/26/09 72140 ...... Par SpringerMiller Systems (Wkrs) ...... Stowe, VT ...... 08/27/09 08/18/09 72141 ...... CR Laine Furniture Company (Wkrs) ...... Newton, NC ...... 08/27/09 08/20/09 72142 ...... Drake Manufacturing Services Co. (Comp) ...... Warren, OH ...... 08/27/09 08/26/09 72143 ...... Parker Hannifio Hydrolic Cartridge Systems Division (Comp) ...... Chanhassen, MN ...... 08/27/09 08/26/09 72144 ...... Cummins Filtration (State) ...... Lake Mills, IA ...... 08/27/09 08/26/09 72145 ...... HSBC Beneficial (State) ...... Dubois, PA ...... 08/27/09 08/26/09 72146 ...... Dassault Systems Americas Corp. (Comp) ...... Woodland Hills, CA ...... 08/27/09 08/25/09 72147 ...... Vantec, Inc (State) ...... Webster City, IA ...... 08/27/09 08/26/09 72148 ...... Spansion (Wkrs) ...... Sunnyvale, CA ...... 08/27/09 08/26/09 72149 ...... Knight Celotex (Wkrs) ...... Lisbon Falls, ME ...... 08/27/09 08/22/09 72150 ...... DAO Operations Manufacturing (Wkrs) ...... Round Rock, TX ...... 08/28/09 08/24/09 72151 ...... UPF, Inc. (Comp) ...... Flint, MI ...... 08/28/09 08/27/09 72152 ...... Marvel (Union) ...... Richmond, IN ...... 08/28/09 08/26/09 72153 ...... MedQuist (State) ...... Mount Laurel, NJ ...... 08/28/09 08/27/09 72154 ...... Elcam Inc. (Wkrs) ...... St. Marys, PA ...... 08/28/09 08/27/09 72155 ...... McKinney Products Company (Wkrs) ...... Scranton, PA ...... 08/28/09 08/27/09

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APPENDIX—Continued [TAA petitions instituted between 8/24/09 and 8/28/09]

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

72156 ...... Metal Technologies (Union) ...... West Allis, WI ...... 08/28/09 08/27/09 72157 ...... Risdon International Inc. (Comp) ...... Laconia, NH ...... 08/28/09 08/27/09 72158 ...... Vital Diagnostics Inc. (Comp) ...... Brea, CA ...... 08/28/09 08/27/09 72159 ...... Caterpillar (Wkrs) ...... Sumter, SC ...... 08/28/09 08/27/09 72160 ...... Rogim & Hexas/Dow Advanced Materials (Wkrs) ...... Philadelphia, PA ...... 08/28/09 08/27/09 72161 ...... Hokumo America Corporation (Wkrs) ...... Bardentown, KY ...... 08/28/09 08/18/09 72162 ...... SDE Business Partnering (Wkrs) ...... Troy, MI ...... 08/28/09 08/11/09

[FR Doc. E9–23914 Filed 10–2–09; 8:45 am] instituted investigations pursuant to Interested persons are invited to BILLING CODE 4510–FN–P Section 221(a) of the Act. submit written comments regarding the The purpose of each of the subject matter of the investigations to investigations is to determine whether the Director, Division of Trade DEPARTMENT OF LABOR the workers are eligible to apply for Adjustment Assistance, at the address adjustment assistance under Title II, shown below, not later than October 15, Employment and Training Chapter 2, of the Act. The investigations 2009. Administration will further relate, as appropriate, to the The petitions filed in this case are Investigations Regarding Certifications determination of the date on which total available for inspection at the Division of Eligibility To Apply for Worker or partial separations began or of Trade Adjustment Assistance, Adjustment Assistance threatened to begin and the subdivision Employment and Training of the firm involved. Administration, U.S. Department of Petitions have been filed with the The petitioners or any other persons Labor, Room N–5428, 200 Constitution Secretary of Labor under Section 221 (a) showing a substantial interest in the Avenue, NW., Washington, DC 20210. of the Trade Act of 1974 (‘‘the Act’’) and subject matter of the investigations may are identified in the Appendix to this request a public hearing, provided such Signed at Washington, DC, this 10th day of notice. Upon receipt of these petitions, request is filed in writing with the September 2009. the Director of the Division of Trade Director, Division of Trade Adjustment Richard Church, Adjustment Assistance, Employment Assistance, at the address shown below, Certifying Officer, Division of Trade and Training Administration, has not later than October 15, 2009. Adjustment Assistance.

APPENDIX [TAA petitions instituted between 8/31/09 and 9/4/09]

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

72163 ...... Direct Brands, Inc. (Wkrs) ...... Indianapolis, IN ...... 08/31/09 08/28/09 72164 ...... L&W Murfreesboro, LLC (Comp) ...... Murfreesboro, TN ...... 08/31/09 08/28/09 72165 ...... Norbord Industries, Inc. (Comp) ...... Deposit, NY ...... 08/31/09 08/28/09 72166 ...... Gera Tool and Die Inc. (Wkrs) ...... St. Marys, PA ...... 08/31/09 08/28/09 72167 ...... Shorewood Packaging (Comp) ...... Newport News, VA ...... 08/31/09 08/25/09 72168 ...... Dimensions, Inc (Comp) ...... Reading, PA ...... 08/31/09 08/21/09 72169 ...... NuTec Tooling Systems, Inc. (Comp) ...... Meadville, PA ...... 08/31/09 08/28/09 72170 ...... Bombardier Learjet (Union) ...... Wichita, KS ...... 08/31/09 08/26/09 72171 ...... Hawker Beechcraft—Wichita & Salina, KS (Union) ...... Wichita, KS ...... 08/31/09 08/27/09 72172 ...... Cessna Aircraft Company (Union) ...... Wichita, KS ...... 08/31/09 08/26/09 72173 ...... Reliant Machine, Inc. (Wkrs) ...... Green Bay, WI ...... 08/31/09 08/27/09 72174 ...... Johnson Controls, Inc. (Comp) ...... Roanoke, VA ...... 08/31/09 08/28/09 72175 ...... Gerdau Ameristeel (Wkrs) ...... Sand Springs, OK ...... 08/31/09 08/28/09 72176 ...... Boeing Integrated Defense Systems, Inc. (Union) ...... Wichita, KS ...... 08/31/09 08/25/09 72177 ...... Heus Mfg. LLC and EHR Enterprises (53042) ...... New Holstein, NE ...... 08/31/09 08/19/09 72178 ...... Mullen Industries (Wkrs) ...... St. Clair, MO ...... 09/01/09 08/31/09 72179 ...... Licking County Department of Job & Family Service (Comp) ...... Newark, OH ...... 09/01/09 08/25/09 72180 ...... Philips Medical Systems (Wkrs) ...... Reedsville, PA ...... 09/01/09 09/01/09 72181 ...... National Payment Network (Wkrs) ...... El Segundo, CA ...... 09/01/09 08/21/09 72182 ...... Worthington Steel-Monroe (Wkrs) ...... Monroe, OH ...... 09/01/09 08/15/09 72183 ...... Chicago & Midwest Regional Joint Board (Union) ...... Chicago, IL ...... 09/01/09 08/31/09 72184 ...... ABB Inc. (Comp) ...... Lake Mary, FL ...... 09/01/09 08/31/09 72185 ...... GHS Corporation (State) ...... Battle Creek, MI ...... 09/01/09 08/31/09 72186 ...... Lebanon Apparel Corp. (Wkrs) ...... Lebanon, VA ...... 09/01/09 08/31/09 72187 ...... Accuride Cuyahoga Falls (Wkrs) ...... Evansville, IN ...... 09/01/09 08/31/09 72188 ...... Dolphin Inc. (Wkrs) ...... Phoenix, AZ ...... 09/01/09 08/25/09 72189 ...... D.M.E. (Wkrs) ...... Youngwood, PA ...... 09/01/09 08/14/09 72190 ...... Electronic Data Systems (State) ...... Plano, TX ...... 09/02/09 09/01/09 72191 ...... Carolina Glove Co. (Wkrs) ...... Wilkesboro, NC ...... 09/02/09 08/24/09 72192 ...... Delphi Packard Mississippi Operations (Comp) ...... Brookhaven, MS ...... 09/02/09 08/27/09 72193 ...... Coherent, Inc (Comp) ...... Santa Clara, CA ...... 09/02/09 09/01/09

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APPENDIX—Continued [TAA petitions instituted between 8/31/09 and 9/4/09]

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

72194 ...... Pendleton Woolen Mills (Union) ...... Washougal, WA ...... 09/02/09 08/24/09 72195 ...... Experian (Wkrs) ...... Costa Mesa, CA ...... 09/02/09 09/01/09 72196 ...... Wheeling LaBelle Nail Company (Union) ...... Wheeling, WV ...... 09/02/09 09/01/09 72197 ...... Manpower Inc. (Wkrs) ...... Harrisburg, PA ...... 09/02/09 08/30/09 72198 ...... Paulstra CRC (Union) ...... Grand Rapids, MI ...... 09/02/09 09/01/09 72199 ...... Littelfuse LP (Comp) ...... Irving, TX ...... 09/02/09 09/01/09 72200 ...... VP Buildings (Wkrs) ...... Kernersville, NC ...... 09/02/09 08/20/09 72201 ...... Metaldyne (Auth) ...... Whitsett, NC ...... 09/02/09 09/01/09 72202 ...... Ideal Clamp Products, Inc. (Comp) ...... St. Augustine, FL ...... 09/02/09 08/28/09 72203 ...... Georgino Industrial Supply Inc. (Wkrs) ...... Penfield, PA ...... 09/02/09 09/01/09 72204 ...... Ayrshire Electronics (State) ...... Williamsburg, KY ...... 09/03/09 08/25/09 72205 ...... Charles Conkle Motor Company, Inc. (Wkrs) ...... Kokomo, IN ...... 09/03/09 08/31/09 72206 ...... Engineering Design and Sales, Inc. (EDS) (Comp) ...... Danville, VA ...... 09/03/09 09/02/09 72207 ...... General Electric Ohio Lamp Plant (IUECWA) ...... Warren, OH ...... 09/03/09 08/15/09 72208 ...... General Motors Moraine Assembly (Wkrs) ...... Moraine, OH ...... 09/03/09 09/02/09 72209 ...... JD Norman Industries, Inc. (Wkrs) ...... Addison, IL ...... 09/03/09 08/31/09 72210 ...... Mitchell Gold-Bob Williams (Wkrs) ...... Taylorsville, NC ...... 09/03/09 09/02/09 72211 ...... Unisia Steering Systems, Inc. (Comp) ...... Oakwood, GA ...... 09/03/09 09/02/09 72212 ...... General Motors (Wkrs) ...... Bowling Green, KY ...... 09/03/09 08/31/09 72213 ...... Yale Lift-Tech Division of Columbus Mckinnon Corp (Comp) ...... Muskegan, MI ...... 09/04/09 09/03/09 72214 ...... RIB Lake Plywood, Inc (Wkrs) ...... Rib Lake, WI ...... 09/04/09 09/04/09 72215 ...... Kmart Store #4422 (Wkrs) ...... South Point, OH ...... 09/04/09 08/27/09 72216 ...... Gwynn Lumber & Reload Inc. (Comp) ...... Eureka, MT ...... 09/04/09 09/02/09 72217 ...... SAES Getters America, Inc. (Comp) ...... Cleveland, OH ...... 09/04/09 09/02/09 72218 ...... SOMA Networks (Wkrs) ...... San Francisco, CA ...... 09/04/09 08/31/09 72219 ...... USF Holland (State) ...... Jackson, MI ...... 09/04/09 09/03/09 72220 ...... Eco Lab (Wkrs) ...... Hebron, OH ...... 09/04/09 08/26/09 72221 ...... AEES Platinum Equity (Comp) ...... San Antonio, TX ...... 09/04/09 08/24/09 72222 ...... Y.R.C. (State) ...... Richfield, OH ...... 09/04/09 09/03/09 72223 ...... Axle Tech International (Wkrs) ...... Oshkosh, WI ...... 09/04/09 08/31/09 72224 ...... Akzo Nobel Inc. (Wkrs) ...... High Point, NC ...... 09/04/09 08/14/09 72225 ...... Tube City, IMS (State) ...... Cuyahoga Heights, OH ...... 09/04/09 09/03/09

[FR Doc. E9–23913 Filed 10–2–09; 8:45 am] period from 2:30 p.m. to 4:30 p.m. on (7) Council Update; and (8) Council BILLING CODE 4510–FN–P November 3, 2009 will be reserved for Recommendations. participation and presentations by members of the public. FOR FURTHER INFORMATION CONTACT: Mrs. DEPARTMENT OF LABOR Evangeline M. Campbell, DFO, Indian ADDRESSES: The meetings will be held at and Native American Program, Employment and Training the Brown Hotel, 335 West Broadway, Employment and Training Administration Louisville, Kentucky 40202. Administration, U.S. Department of Labor, Room S–4209, 200 Constitution Workforce Investment Act; Native SUPPLEMENTARY INFORMATION: The Avenue, NW., Washington, DC 20210. American Employment and Training meeting will be open to the public. Council Members of the public not present may Telephone number (202) 693–3737 submit a written statement on or before (VOICE) (this is not a toll-free number). AGENCY: Employment and Training October 30, 2009, to be included in the Signed at Washington, DC, this 29th day of Administration, Labor. record of the meeting. Statements are to September 2009. be submitted to Mrs. Evangeline M. ACTION: Notice of meeting. Jane Oates, Campbell, Designated Federal Official SUMMARY: Pursuant to section 10(a)(2) of (DFO), U.S. Department of Labor, 200 Assistant Secretary, Employment and the Federal Advisory Committee Act Constitution Avenue, NW., Room Training Administration. (FACA) (Pub. L. 92–463), as amended, S–4209, Washington, DC 20210. Persons [FR Doc. E9–23918 Filed 10–2–09; 8:45 am] and section 166(h)(4) of the Workforce who need special accommodations BILLING CODE 4510–FN–P Investment Act (WIA) [29 U.S.C. should contact Mr. Craig Lewis at (202) 2911(h)(4)], notice is hereby given of the 693–3384, at least two business days next meeting of the Native American before the meeting. The formal agenda Employment and Training Council will focus on the following topics: (1) (NAETC), as constituted under WIA. U.S. Department of Labor, Indian and DATES: The meeting will begin at 9 a.m. Native American Program Update; (2) (Eastern Time) on Monday, November 2, PY 2009–PY 2010 Strategic Planning; (3) 2009, and continue until 4:30 p.m. that Training and Technical Assistance; (4) day. The meeting will reconvene at 1:30 Community of Practice; (5) 2010 Census; p.m. on Tuesday, November 3, 2009, (6) Native American and Employment and adjourn at 5 p.m. that day. The Training Council Workgroup Reports;

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DEPARTMENT OF LABOR effectively close the plant. The Conclusion petitioner appears to allege that because After review of the application and Employment and Training workers of the subject firm were investigative findings, I conclude that Administration previously certified eligible for TAA there has been no error or [TA–W–70,089] and the workers of the current petition misinterpretation of the law or of the were the part of that worker group but facts which would justify Glenn Springs Holdings, Inc., a stayed employed beyond the expiration reconsideration of the Department of Subsidiary of Occidental Petroleum date of the previous certification, the Labor’s prior decision. Accordingly, the Corporation, New Castle, DE; Notice of workers of the subject firm should be application is denied. Negative Determination Regarding granted another TAA certification. Application for Reconsideration The workers of Glenn Springs Signed at Washington, DC, this 22nd day Holdings, Inc., a subsidiary of of September 2009. By application dated August 19, 2009, Occidental Petroleum Corporation, New Elliott S. Kushner, a company official requested Castle, Delaware were previously Certifying Officer, Division of Trade administrative reconsideration of the certified eligible for TAA under petition Adjustment Assistance. Department’s negative determination numbers TA–W–58,508, which expired [FR Doc. E9–23910 Filed 10–2–09; 8:45 am] regarding eligibility for workers and on January 12, 2008. The investigation BILLING CODE 4510–FN–P former workers of the subject firm to revealed that at that time workers of the apply for Trade Adjustment Assistance subject firm were engaged in production (TAA). The denial notice was signed on of chlorine and the employment DEPARTMENT OF LABOR July 24, 2009 and published in the declines at the subject facility were Federal Register on September 2, 2009 attributed to increased imports of Employee Benefits Security (74 FR 45478). chlorine. However, the current Administration Pursuant to 29 CFR 90.18(c) investigation revealed that production [Application No. L–11566] reconsideration may be granted under of chlorine at the subject firm ceased the following circumstances: during November 2007. Notice of Proposed Individual (1) If it appears on the basis of facts When assessing eligibility for TAA, Exemption Involving Chrysler LLC, not previously considered that the the Department exclusively considers Located in Auburn Hills, MI determination complained of was worker activities during the relevant erroneous; time period (from one year prior to the AGENCY: Employee Benefits Security (2) If it appears that the determination date of the petition). Therefore, events Administration, U.S. Department of complained of was based on a mistake occurring in 2007 are outside of the Labor. in the determination of facts not relevant period and are not considered ACTION: Notice of proposed individual previously considered; or in this investigation. exemption. (3) If in the opinion of the Certifying The investigation revealed that Officer, a misinterpretation of facts or of workers of the subject firm were This document contains a notice of the law justified reconsideration of the engaged in refining facility’s water, pendency before the Department of decision. removing sludge from machines, Labor (the Department) of a proposed The TAA petition filed on behalf of repairing the building’s electrical individual exemption from certain workers at Glenn Springs Holdings, Inc., system, distributing the anhydrous prohibited transaction restrictions of the a subsidiary of Occidental Petroleum potassium hydroxide and closing the Employee Retirement Income Security Corporation, New Castle, Delaware was facility during the relevant period. Act of 1974 (the Act or ERISA). The based on the finding that imports of These functions, as described above, transactions involve the UAW Chrysler services like or directly competitive were not imported, or shifted abroad nor Retiree Medical Benefits Plan (the New with services provided by workers of were the service acquired from a foreign Chrysler VEBA Plan) and its associated the subject firm did not contribute to country during the relevant period. UAW Retiree Medical Benefits Trust worker separations at the subject firm Therefore, criteria II.A. and II.B. of (the VEBA Trust) (collectively the 1 during the relevant period. The Section 222(a) of the Act were not met. VEBA). The proposed exemption, if investigation revealed that workers of Furthermore, with the respect to Section granted, would affect the VEBA, its the subject firm were engaged in 222(c) of the Act, the investigation participants and beneficiaries. refining facility’s water, removing revealed that criterion 2 was not met Effective Date: If granted, this sludge from machines, repairing the because the workers did not supply a proposed exemption will be effective as building’s electrical system, distributing service that was used by a firm with of June 10, 2009. the anhydrous potassium hydroxide and TAA-certified workers in the production DATES: Written comments and requests closing the facility. The subject firm did of an article or supply of a service that for a public hearing on the proposed not import nor acquire services from a was a basis for TAA certification. exemption should be submitted to the foreign country and also did not shift The petitioner did not supply facts Department within 45 days from the the provision of these services to a not previously considered; nor provide date of publication of this Federal foreign country. additional documentation indicating Register Notice. In the request for reconsideration, the that there was either (1) a mistake in the ADDRESSES: All written comments and petitioner stated that workers of the determination of facts not previously requests for a public hearing concerning subject firm were previously certified considered or (2) a misinterpretation of the proposed exemption should be sent eligible for TAA based on increased facts or of the law justifying to the Office of Exemption imports of chlorine. The petitioner reconsideration of the initial further stated that even though determination. 1 Because the New Chrysler VEBA Plan will not production of chlorine did not occur at After careful review of the request for be qualified under section 401 of the Internal Revenue Code of 1986, there is no jurisdiction the subject facility in the relevant reconsideration, the Department under Title II of the Act pursuant to section 4975 period, workers of the subject firm were determines that 29 CFR 90.18(c) has not of the Code. However, there is jurisdiction under retained by the subject firm to been met. Title I of the Act.

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Determinations, Employee Benefits trucks, and related automotive parts and Bankruptcy Code, substantially all of its Security Administration, Room N–5700, accessories primarily in the United assets to an entity called New Chrysler U.S. Department of Labor, 200 States, Canada, and Mexico. It supplied (New Chrysler).3 New Chrysler is a Constitution Avenue, NW., Washington passenger cars, SUVs, sports tourers, Delaware limited liability company DC 20210, Attention: Application No. minivans, and pickups. The company formed by Fiat North America LLC, a L–11566. Interested persons are also also purchased and distributed subsidiary of Fiat S.p.A (Fiat). New invited to submit comments and/or passenger cars manufactured by Chrysler expects to remain hearing requests to EBSA via e-mail or Mitsubishi Motor Manufacturing of headquartered in Auburn Hills, FAX. Any such comments or requests America. Prior to filing for bankruptcy Michigan, and expects to employ most should be sent either by e-mail to: protection, Chrysler LLC employed of Chrysler’s approximately 55,000 [email protected], or by FAX to (202) approximately 55,000 hourly and hourly and salaried employees 219–0204 by the end of the scheduled salaried employees worldwide, about worldwide, 70% or 38,500 of whom comment period. The application for 70% of whom were based in the United were based in the United States and still exemption and the comments received States. As of the date of the exemption manufactures, assembles, and sells cars, will be available for public inspection in application filing, Chrysler LLC had 32 trucks, and related automotive parts and the Public Documents Room of the manufacturing and assembly facilities, accessories in the United States, Europe, Employee Benefits Security 23 of which (or 69% of the vehicle Canada, and Mexico. Pursuant to the Administration, U.S. Department of production) are located in the United UAW Retiree Settlement Agreement Labor, Room N–1513, 200 Constitution States, and 24 parts depots, 20 of which between New Chrysler and the UAW Avenue, NW., Washington, DC 20210. are in this country. Chrysler’s business (the Settlement Agreement), the UAW FOR FURTHER INFORMATION CONTACT: interests touched all 50 states, as well as Chrysler Retiree Medical Benefits Plan Brian J. Buyniski or Warren Blinder, Canada, Mexico, Europe and Asia. (the New Chrysler VEBA Plan) will be Office of Exemption Determinations, Chrysler LLC has an expansive dealer established to provide retiree medical Employee Benefits Security network, with over 3,200 dealerships in benefits to certain Chrysler-UAW the United States selling Chrysler cars represented employees and retirees, and Administration, U.S. Department of 4 Labor, telephone (202) 693–8566. (This and trucks (or 60% of the global dealer their spouses and dependents. network). Seventy-two percent of is not a toll-free number). Background Chrysler LLC’s sales were in the United SUPPLEMENTARY INFORMATION: This States, and it purchased 78% of its parts Throughout much of 2007, Chrysler document contains a notice of proposed and materials from U.S.-based suppliers. LLC and the UAW engaged in extended individual exemption from the For the twelve months ended December discussions concerning the impact of restrictions of sections 406(a)(1)(A), 31, 2008, Chrysler LLC recorded rising health care costs on Chrysler 406(a)(1)(B), 406(a)(1)(D), 406(a)(1)(E), revenue of more than $48.5 billion and LLC’s financial condition. During these 406(a)(2), 406(b)(1), 406(b)(2), and had assets of approximately $39.3 discussions, Chrysler LLC asserted that 407(a) of ERISA. The proposed billion and liabilities totaling $55.2 it had the right to unilaterally modify exemption has been requested in an billion. During the same period, the retiree health benefits under the application filed by New Chrysler Chrysler LLC had a net loss of Chrysler Health Care Program for pursuant to section 408(a) of ERISA and approximately $16.8 billion. Hourly Employees and that, if no in accordance with the procedures set From 1998 to 2007, Chrysler and its agreement was reached to address the forth in 29 CFR 2570, Subpart B (55 FR subsidiaries were part of the German economic burden of its retiree health 32836, August 10, 1990). Effective based DaimlerChrysler AG (now obligation, Chrysler LLC would do so December 31, 1978, section 102 of Daimler AG). Under DaimlerChrysler, unilaterally. The UAW disagreed with Reorganization Plan No. 4 of 1978, (43 the company was named Chrysler LLC’s position and asserted FR 47713, October 17, 1978) transferred ‘‘DaimlerChrysler Motors Company that retiree benefits were vested and that the authority of the Secretary of the LLC’’, with its U.S. operations generally Chrysler LLC did not have the right to Treasury to issue exemptions of the type referred to as the ‘‘Chrysler Group’’. On modify them unilaterally. In 2007, the requested to the Secretary of Labor. May 14, 2007, DaimlerChrysler UAW along with respective class Accordingly, this proposed exemption announced the sale of 80.1% of Chrysler representatives of plaintiff class is being issued solely by the Group to American private equity firm members in UAW v. Chrysler LLC (the Department. Cerberus Capital Management, L.P., ‘‘English’’ Case) filed a lawsuit Summary of Facts and with Daimler continuing to hold a challenging Chrysler LLC’s position and Representations2 19.9% stake. The deal was finalized on sought a permanent injunction August 3, 2007, and upon completion of prohibiting such termination or The Applicant the sale, the company was renamed modification. After an extensive review Prior to filing for bankruptcy Chrysler LLC. On April 27, 2009, by the UAW and Class Counsel (Class protection under chapter 11 of Title 11 Daimler AG signed a binding agreement Counsel) of Chrysler LLC’s ability to of the United States Code (the to give up its 19.9% remaining stake in continue providing retiree health care Bankruptcy Code) on April 30, 2009, Chrysler LLC to Cerberus Capital benefits, the parties entered into a Chrysler LLC (Chrysler LLC), a Delaware Management and pay as much as $600 Settlement Agreement (English limited liability company, was an million into the automaker’s pension Settlement Agreement) on March 30, American automobile manufacturer fund. 2008, providing, among other things, headquartered in Auburn Hills, On May 31, 2009, in the course of the Michigan, first organized as Chrysler bankruptcy proceeding (the Bankruptcy 3 In re Chrysler LLC, et al., No. 09B 50002 Corporation in 1925. Chrysler LLC Proceeding), the United States (Document 3073), slip op. (Bankr. S.D.N.Y. May 31, 2009). manufactured, assembled, and sold cars, Bankruptcy Court for the Southern District of New York (the Bankruptcy 4 Specifically, the New Chrysler VEBA Plan will provide retiree medical benefits to members of the 2 The Summary of Facts and Representations is Court) issued an opinion granting ‘‘Class’’ and the ‘‘Covered Group’’ as defined in the based on the Applicant’s representations and does Chrysler LLC’s motion for authority to Settlement Agreement and in Section VI. of this not reflect the views of the Department. sell, pursuant to section 363 of the exemption.

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that Chrysler LLC transfer responsibility hold while the company sought approved the Modified Settlement and funding for retiree health care government funds to prevent Agreement. The section 363 Sale closed, benefits to a voluntary employee bankruptcy. In December of 2008, and the Modified Settlement Agreement benefits association.5 Chrysler LLC received a $4 billion loan was executed, on June 10, 2009. The The English Settlement Agreement from the United States Treasury assets in the Section 363 Sale were sold provided that on the later of January 1, Department to fund their operations free and clear of liens, claims, interests, 2010, or final court approval of the through the liquidity crunch. At the and encumbrances. Settlement Agreement, Chrysler LLC same time that Chrysler LLC was Through the Bankruptcy Proceeding, would continue to provide retiree pursuing government assistance, it New Chrysler acquired certain core medical benefits for class members, continued its efforts to secure a strategic assets from Chrysler LLC in exchange known as the ‘‘Covered Group’’, under partner that could assist it in achieving for the assumption of certain liabilities the old Chrysler Plan and would its long-term viability goals. Pursuant to of Chrysler LLC and a cash payment to transfer certain assets to the VEBA Trust the terms of the loan, Chrysler LLC was Chrysler LLC pursuant to the Master to provide the Class and Covered Group required to submit a plan showing that Transaction Agreement, dated as of with post-retirement medical benefits. it was able to achieve and sustain long- April 30, 2009 as subsequently amended The English Settlement Agreement term viability, energy efficiency, (collectively with other ancillary and modified existing retiree medical rationalization of costs and supporting documents, the ‘‘MTA’’). benefits and Chrysler LLC was obligated competitiveness in the U.S. Pursuant to the MTA, Chrysler LLC to provide benefits until January 1, marketplace, which would indicate transferred substantially all of its 2010, and then funding of the benefits Chrysler LLC’s ability to repay the operating assets to New Chrysler, and in would be shifted to the VEBA Trust. financing. exchange for those assets, New Chrysler Under the English Settlement These long-term production goals led assumed certain liabilities of Chrysler Agreement, Chrysler LLC’s obligation to Chrysler LLC to announce that they LLC and paid Chrysler LLC $2 billion in provide post-retirement medical were going to form a global alliance cash. New Chrysler is jointly owned by benefits to the Class and Covered Group with Fiat S.p.A. On January 20, 2009, Fiat, the US Treasury, the Governments would be terminated. The Trust would Fiat and Chrysler LLC announced that of Canada and Ontario (the Canadian be established and maintained not by they had a non-binding term sheet to Government) and the VEBA Trust. The Chrysler LLC, but by an employees’ form a global alliance. Under the terms transaction is expected to strengthen beneficiary association consisting of the of the potential agreement, Fiat could New Chrysler’s viability for the long population described in the English take a 35% stake in Chrysler LLC and term with access to Fiat’s existing Settlement Agreement and administered gain access to its North American dealer technology, including competitive by an independent committee network in exchange for providing platforms, powertrain, and vehicles to (‘‘Committee’’). A Plan, to be funded Chrysler LLC with the platform to build be produced at New Chrysler’s exclusively through the VEBA Trust, smaller, more fuel-efficient vehicles in manufacturing sites. The transaction is would be solely responsible for the the US and reciprocal access to Fiat’s also expected to allow Fiat and New payment of post-retirement medical global distribution network. Fiat is an Chrysler to each take advantage of the benefits to members of the Class and Italian automobile manufacturer, engine other’s distribution networks in key Covered Group on and after January 1, manufacturer, and financial and growth markets and to optimize fully 2010. industrial group based in Turin. As of their respective manufacturing footprint In September of 2008, a sharp 2009, Fiat is the world’s 6th largest and global supplier base. downturn in sales significantly affected carmaker as well as Italy’s largest Pursuant to the Plan of Chrysler LLC. Soon thereafter, Chrysler carmaker. Reorganization, New Chrysler, a Delaware limited liability company, was LLC focused its attention on acquiring a Bankruptcy merger partner, but talks were put on formed by Fiat North America, LLC, as In light of deteriorating market an alliance entity 7 for the acquisition of 5 In 2007 and 2009, Chrysler LLC agreed to conditions and a growing liquidity crisis the assets from Chrysler LLC generally provide certain retiree medical benefits specified in that would make it impossible for free and clear of claims of Chrysler certain memoranda of understanding between Chrysler LLC to continue operations, LLC’s creditors.8 Upon the closing of the Chrysler, the UAW and the class representatives. Chrysler LLC and 26 of its domestic sale, the government entities will hold Chrysler LLC and the UAW, along with respective class representatives of plaintiff class members in direct and indirect subsidiaries, filed a 12.31% (The U.S. Treasury will hold UAW v. Chrysler, LLC, Civ. Act. No. 2:07–cv–14310 bankruptcy action under chapter 11 of 9.85% and the Canadian Government (E.D. Mich, complaint filed October 11, 2007) (the Title 11 of the United States Code (the will hold 2.46%), the New Chrysler ‘‘English’’ Case) entered into a separate settlement ‘‘Bankruptcy Code’’) on April 30, 2009 VEBA Plan will hold 67.69%, and Fiat agreement in 2007, which provided for Chrysler LLC to make certain deposits and remittances to the with the Bankruptcy Court and will hold 20% of the total value of UAW Retiree Medical Benefits Trust for the announced a plan for a partnership with shares (the Shares). Upon reaching provision of retiree medical benefits. Italian automaker Fiat.6 As noted certain milestones, fully explained later In light of the Bankruptcy Proceeding, the previously, the Bankruptcy Court in this exemption, Fiat’s interest will settlement in the English case is of no further effect. increase to 35%, with the right to Although not a party to the Bankruptcy Proceeding approved a sale under Section 363 of or the Modified Settlement Agreement described in Title 11 of the U.S. Code by which New acquire an additional 16% by buying this exemption application, the firm of Stember, Chrysler succeeded to certain assets and certain shares of New Chrysler. Fiat will Feinstein, Doyle & Payne, LLC, as Class Counsel in liabilities of Chrysler LLC (‘‘Section 363 not be able to get control of New the English case, was engaged to render an opinion Chrysler until the outstanding debts to on the fairness, from a financial point of view, of Sale’’). The Bankruptcy Court also the consideration to be received by Chrysler LLC in connection with the sale of assets to New Chrysler 6 In connection with the Bankruptcy Proceeding, 7 None of the debtor’s equity holders received an (the Sale), and also to review the Modified Chrysler LLC’s non-U.S. direct and indirect interest in New Chrysler. Settlement Agreement described in this exemption subsidiaries have not sought relief under chapter 11 8 See In Re Chrysler LLC, et. al., Case No. 09B application. Class Counsel concurs that it is fair, of the Bankruptcy Code or any other insolvency 50002 (Document 3073), slip op.(Bankr.S.D.N.Y. reasonable and in the best interest of the former laws. Chrysler LLC’s Mexican, Canadian and other May 31, 2009)), the order authorizing the sale of class members, and supports the request by New international operations are also not part of any substantially all of the debtor’s assets free and clear Chrysler for an individual exemption request. bankruptcy filing. of all liens, claims, interests, and encumbrances.

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the U.S. Treasury and Canada are paid legal arguments regarding this issue, as Ownership of New Chrysler in full. After the Sale, New Chrysler well as the costs, risks, and delays Following the bankruptcy proceeding became the new legal entity, Chrysler associated with litigating the issue, New and the sale of the assets from Chrysler Group LLC. The claims of Chrysler Chrysler and the UAW agreed to enter LLC to New Chrysler, initial ownership LLC’s unsecured creditors were not into a settlement agreement, that was of New Chrysler will be broken into two assumed by New Chrysler through the presented to the Bankruptcy Court for classes of membership interests, Class A Bankruptcy Proceeding unless expressly approval after notice was provided to (800,000 interests) and Class B (200,000 provided for in the MTA. Among the affected parties. Ultimately, the interests). Fiat will initially own the claims that were not assumed by New Modified Settlement Agreement was 200,000 Class B membership interests, Chrysler, was the obligation owed by approved by the Bankruptcy Court and representing 20% of the voting and Chrysler LLC to provide retiree medical the initial steps towards implementing economic interest of New Chrysler; the benefits pursuant to the Memorandum the transactions that are at the heart of United States Treasury Department will of Understanding Post-Retirement this application began to occur as own 98,461 Class A membership Medical Care, dated October 12, 2007, contemplated in that agreement. interests; the Canadian Government will between Chrysler and the UAW and the After several months of arms length together own 24,615 Class A Memorandum of Understanding Post- negotiations, the UAW has asserted that, membership interests, and the VEBA Retirement Medical Care, dated April after due consideration of the issues Trust will own 676,924 Class A 29, 2009, between Chrysler and the involved and seeking to avoid membership interests (the Class A UAW (together, the ‘‘MOUs’’), as well as protracted litigation on the matter, it membership interests initially owned by the English Settlement Agreement entered into a Modified Settlement the Trust are referred to herein as the reached in UAW v. Chrysler, LLC, Civ. Agreement with New Chrysler under ‘‘Shares’’), in each case, subject to the Act. No. 2:07–cv–14310 (E.D. Mich. which New Chrysler agreed to provide complaint filed October 11, 2007). applicable terms and conditions retiree medical benefits to a defined described below. New Chrysler represents that the group of current UAW retirees who Bankruptcy Proceeding and related Sale Initially, the Class A and Class B were formerly employed by Chrysler membership interests generally are are critical to the survival of the LLC as well as a defined group of business previously conducted by identical except that the Class B current active employees (once retired) membership interests may ultimately Chrysler LLC. New Chrysler’s of New Chrysler who are covered under emergence from bankruptcy was represent a greater percentage of the a collective bargaining agreement outstanding equity interest in New dependent on the achievement of a between New Chrysler and the UAW number of interrelated agreements Chrysler upon the occurrence of certain (collectively, the ‘‘Covered Group’’). The Class B events (discussed below). Fiat among its creditors, lenders, interested medical benefit coverage for New government agencies, and unionized has several other options to acquire Chrysler active employees prior to their employees. To avoid the devastation to additional Class A membership interests retirement is not within the scope of the global economy that would be (also discussed below) except that, until this Modified Settlement Agreement caused if Chrysler’s business were to the U.S. Treasury loan and the Canadian and shall continue to be provided in fail, the governments of the United loan to New Chrysler have been repaid accordance with the terms of the States, Canada, and the Province of in full, Fiat may not acquire additional applicable collective bargaining Ontario have offered to fund a new membership interests if such exercise or agreement and health care benefit plan. venture, New Chrysler, that will acquisition would cause the total combine substantially all of Chrysler The Modified Settlement Agreement interest held by Fiat and its affiliates to LLC’s core operating assets with is another part of the complete and exceed 49.9 percent. At a future date, advanced automotive technology, integrated arm’s-length transactions the earlier of January 1, 2013, or the date distribution, procurement capabilities, involving multiple parties, including of any New Chrysler Initial Public and management services of Fiat or its New Chrysler, Fiat, the Treasury Offering (IPO), each outstanding Class B subsidiaries to create an ongoing viable Department, the Canadian Government, membership interest will be automobile company. Under these and the UAW. Throughout the 2009 automatically converted to Class A extraordinary and urgent circumstances, negotiations over the terms of the membership interests, thereby reducing the governments are prepared to Settlement Agreement, the parties the Class B membership to zero. subsidize the restructured New Chrysler engaged in extended discussions Pursuant to the New Chrysler to ensure that a viable automobile concerning the impact of rising health Operating Agreement (the Operating manufacturing industry remains in care costs on New Chrysler’s financial Agreement), beginning on June 10, 2009, North America. Knowing how quickly viability. In this regard, the UAW has and ending on December 31, 2012, the New Chrysler’s prospects could completed its due diligence utilizing occurrence of three events (the ‘‘Class B deteriorate, however, the governments professional financial and legal advisors events’’) would cause the value of Class have placed stringent conditions on with respect to the Modified Settlement B membership interests held by Fiat to their commitment. Those stringent Agreement and determined that it is increase by 5% for each event, thereby conditions include the conditions fair, reasonable and in the best interest increasing Fiat’s interest up to a related to the exemption transaction, of the Covered Group. maximum of 15% for all three events, which is an integral component of that On June 10, 2009, 41 days after filing without any new issuance of shares. The larger picture. for bankruptcy protection, the sale of Class B events are as follows: The UAW asserted during the most of Chrysler LLC’s assets to New (1) If New Chrysler receives Bankruptcy Proceeding, and New Chrysler was completed. As discussed government approvals for the Chrysler denied, that New Chrysler was in more detail below, Fiat will initially production of an engine based on the bound by the MOUs as a successor to own a minority 20% stake of New Fiat’s fully integrated robotized engine Chrysler LLC and that it was, therefore, Chrysler with the option of taking family to be manufactured in the U.S. responsible for providing the retiree additional equity up to a 35% stake if and delivers a commitment to begin medical benefits contemplated. After certain operational and capitalization commercial production of the engine as due consideration of the factual and goals are achieved. soon as commercially practicable;

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(2) if New Chrysler records upon whether or not New Chrysler has Transfer of VEBA HoldCo interests, cumulative revenues reported in the completed an IPO before Fiat exercises rather than direct transfer of quarterly financial statements in an any call options, and which has been membership interests, would prevent amount specified in the New Chrysler designed to approximate the fair market Fiat from obtaining a step-up in tax Operating Agreement attributable to the value of the interests at the time of basis. Thus, Fiat might be required to company’s sales made outside of the exercise. Fiat additionally has the recognize additional gain upon a NAFTA Countries following the date of option to purchase from the Company subsequent disposition, beyond any the Operating Agreement and if New Class A membership interests in an gain attributable to the period in which Chrysler executes one or more franchise aggregate amount of up to 16% of the Fiat owns the membership interests. agreements covering in the aggregate at outstanding membership interests (the The Call Option Agreement provides for least 90% of the total Fiat group ‘‘Incremental Call Option’’). The time a reduction in price to compensate for automobile dealers in Latin America frame for Fiat to exercise this option is this increased tax liability, offset by any pursuant to which such dealers will the same as for the Alternative Call positive tax attributes for Fiat (e.g., net carry New Chrysler products; Option (January 1, 2013 through June operating losses) caused by receiving (3) if New Chrysler receives ecological 30, 2016). interests in the VEBA HoldCo rather event governmental approvals for a car than membership interests directly. If Call Option Agreement based on Fiat platform technology that Fiat, the VEBA, and the United States has fuel efficiency measured by miles Initially, New Chrysler will not be Treasury cannot agree on the amount of per gallon of at least 40 combined miles publicly traded, though there are such an adjustment, each has a right to per gallon fuel economy and delivers a mechanisms for the VEBA Trust to sell appoint an arbitrator to a panel of three commitment to begin assembly in the Shares under certain conditions to arbitrators who will determine the commercial quantities in a production other parties prior to New Chrysler amount of the adjustment. facility located in the U.S. as soon as becoming a publicly traded company. commercially practicable. The VEBA Trust, Fiat, the Treasury First Offer Right and Equity Recapture According to the terms of the Department and the Canadian Agreement Operating Agreement, in the event that Government agreed to provide Fiat with In addition to the Call Options, Fiat Fiat determines that a Class B event has additional incentives to encourage Fiat will have the first right to purchase all occurred prior to January 1, 2013, it to take action that will increase the or a part of the Shares (the ‘‘First Offer must submit written notice to New aggregate value of the parties’ Right’’) if a third party has offered to Chrysler. After supplying written notice, investment in New Chrysler. Thus, in purchase some or all of the Shares such event shall be deemed to have accordance with the Call Option beginning two (2) years after the Closing irrevocably occurred unless the Agreement, between July 1, 2012 and Date as defined in the New Chrysler company supplies written notice of June 1, 2016, Fiat has the option to Operating Agreement. When the objection. If an objection is raised, then purchase from the VEBA Trust up to Committee receives the proposed Sale New Chrysler and Fiat will attempt in 40% of the VEBA Trust’s equity offer after the start of the First Offer good faith to resolve the dispute. If no interests in New Chrysler. These Right period, the Committee must issue agreement is reached, then the parties interests consist of the 676,924 Class A written notice to Fiat, the Treasury will enter into binding arbitration. membership interests issued to the Department, the Canadian Government, Accordingly, the 200,000 Class B VEBA Trust by New Chrysler on and New Chrysler stating its intention to membership interests held by Fiat will closing, less any interests that the VEBA sell some or all of the Shares, the increase to thirty-five percent (35%) of Trust has already disposed of under the number of such Shares, the price and the voting and economic interest of New Equity Recapture Agreement (as more terms the Committee proposes to be Chrysler and the 800,000 Class A fully discussed below) at the time of paid for such Shares, and other material membership interests held by the exercise. Fiat may purchase no more terms of the proposed Sale (the ‘‘First Treasury Department, the Canadian than 20% of such interests within any Notice’’). For thirty (30) days after the Government and the VEBA Trust will be six-month period. Fiat’s ability to issuance of the First Notice, Fiat will diluted to sixty-five percent (65%) of exercise its rights under the Call Option have the irrevocable non-transferable the voting and economic interest of New Agreement is limited by the requirement First Offer Right to purchase all or a Chrysler. that, until New Chrysler has repaid its portion of the Shares subject to the On the earlier of January 1, 2013 or loan from the United States Treasury proposed Sale, at the price and under any New Chrysler IPO, each outstanding and the Canadian Government in full, the terms and conditions of such Class B membership interest will be Fiat may not own more than 49.9% of proposed Sale. exchanged for Class A membership the outstanding equity interests in New Also under the New Chrysler interests in an amount such that the Chrysler. Operating Agreement, at any time prior proportional interest of Fiat in New The exercise price will be determined to an initial public offering of New Chrysler is unchanged. pursuant to a formula which is designed Chrysler, holders of 75% of outstanding to arrive at the fair market value of the membership interests in New Chrysler Alternative and Incremental Call interests. The exercise price may be may decide to transfer a majority of Options adjusted if, upon exercise, the VEBA membership interests to a third party. In If one or more of the Class B events Trust elects to transfer to Fiat interests that event, those holders may also does not occur prior to January 1, 2013, in one or more entities through which, require all holders of membership Fiat will have the option beginning on for tax and administrative purposes, the interests to transfer their interests on the January 1, 2013 and ending on June 30, VEBA Trust holds membership interests same terms and for the same 2016, to purchase from New Chrysler (each such entity, a ‘‘VEBA HoldCo’’).9 consideration (the ‘‘Drag-Along Right’’). 5% of the Class A membership interests The VEBA Trust may elect to transfer for each Class B event that has not 9 VEBA Holdco means one or more Delaware membership interests directly or to occurred (the Alternative Call Option). limited liability companies and/or corporations to transfer interests in one or more VEBA which the VEBA Trust transferred all or part of the The price will be calculated pursuant to Membership Interests issued to the VEBA Trust Holdcos; if the VEBA Trust transfers a formula, the use of which depends pursuant to the Equity Subscription Agreement. interests in VEBA Holdcos, then

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consideration paid the VEBA Trust Equity Recapture Agreement to transfer within the meaning of section 3(4) of pursuant to such a transaction would be a portion of such Shares to the Treasury ERISA (‘‘Chrysler Retiree EBA’’), acting adjusted for the same equitable tax- Department. The value of the transferred through the Committee, will establish related factors described above under Shares will equal a set percentage of the and maintain the New Chrysler VEBA the Call Option Agreement. On behalf of Black Scholes value of the Treasury Plan, subject to ERISA, to provide the VEBA Trust, the Independent Department’s Contingent Value Right. retiree health benefits to the Class and Fiduciary would negotiate in good faith The applicable percentages of the value Covered Group after the Implementation with the New Chrysler Board of of the Contingent Value Right to be Date, which will be December 31, 2009. Directors (the ‘‘Board’’) over the amount transferred on each of December 31, Prior to the Section 363 Sale, the Old of any adjustment in price resulting 2014, December 31, 2016, and December Chrysler Plan provided retiree health from the transfer of interests in a VEBA 31, 2018, are 33%, 50%, and 100%, benefits to the Class and the Covered HoldCo. If the Board and the respectively. The amounts transferred Group; following the closing of the Independent Fiduciary could not come on prior Interim Settlement Dates are Section 363 Sale, the New Chrysler Plan to an agreed-upon resolution, the subtracted from the amount to be (‘‘New Chrysler VEBA Plan’’) assumed Independent Fiduciary would appoint transferred on each Interim Settlement responsibility for the provision of the one of the three members of a board of Date. benefits with respect to claims incurred arbitrators who would determine the The Black Scholes value of the on or before the Implementation Date. amount of the adjustment. The second Contingent Value Right will be The New Chrysler VEBA Plan will be arbitrator would be appointed by the determined using the following responsible for benefit claims incurred Board, and the third would be agreed assumptions: (1) A Share price based on after the Implementation Date. It is upon by the Board and the Independent the average over the prior 60 days of anticipated that there will be Fiduciary, or, failing such agreement, trading; (2) a time to maturity equal to approximately 120,000 participants and appointed by the administering ten years, seven years, or five years, on beneficiaries of the New Chrysler VEBA authority for the American Arbitration December 31, 2014, December 31, 2016, Plan beginning on January 1, 2010. Association. and December 31, 2018, respectively; (3) After the Implementation Date, the In addition to the above-described an exercise price based on an implied Committee will have sole responsibility agreements, and as a condition to the future stock price equivalent to the to determine the scope and level of Treasury Department’s agreement to Threshold Amount on the applicable retiree health benefits available to the provide financing for New Chrysler, the maturity date; and (4) a risk free interest Class and Covered Group under the VEBA Trust has entered into a separate rate equal to the rate for a U.S. Treasury New Chrysler VEBA Plan. The agreement with the Treasury Note for a term equal to the assumed Committee may raise or lower the level Department referred to as an Equity time to maturity. of retiree health care benefits available Recapture Agreement. Under the terms If New Chrysler stock is not publicly to the Class and Covered Group. In of the Equity Recapture Agreement, if traded on an Interim Settlement Date, exercising its authority over benefit the VEBA realizes from the sale of the the U.S. Treasury and the VEBA will design, the Committee shall be guided Shares a total value of more than the each appoint an independent nationally by the principle that the New Chrysler threshold amount of $4.25 billion, recognized investment bank to conduct VEBA Plan should provide substantial increased at nine percent (9%) per a separate appraisal of the value of the health benefits for the duration of the annum starting on January 1, 2010 (the Contingent Value Right. If the separate lives of all participants and beneficiaries ‘‘Threshold Amount’’), the VEBA agrees appraisals yield values within 10% of in the Plan. to pay to the Treasury Department the each other, those values will be The UAW Chrysler Retirees EBA proceeds received in excess of the averaged. If the separate appraisals are along with the UAW General Motors Threshold Amount plus any remaining more than 10% apart, the VEBA and the Company Retirees EBA and the UAW Shares still held by the VEBA (the U.S. Treasury will appoint a third Ford Retirees EBA, each acting through ‘‘Contingent Value Right’’). The nine independent appraiser, whose the Committee, established the VEBA percent (9%) per annum cap on the determination will be averaged with the Trust on October 16, 2008. The VEBA increase is derived from actuarial determination closest to that of the third Trust will be the funding source for the assumptions that were used to independent appraiser. New Chrysler VEBA Plan. The VEBA Trust is the subject of a trust agreement determine the amount of appreciation Establishment of the New VEBA Plan between the trustee and the Committee, required to provide the anticipated and Trust benefits under the Plan. In addition, the acting on behalf of the respective EBAs. Treasury Department has the right, at The Modified Settlement Agreement The VEBA Trust is intended to be tax- any time, to purchase all outstanding provides that, upon the exempt under section 501(c)(9) of the Shares held by the VEBA Trust for an ‘‘Implementation Date’’, the retiree Internal Revenue Code, as amended, amount equal to the Threshold Amount medical benefit obligations to the and, as a trust holding assets of plans less the amount of any proceeds already ‘‘Covered Group’’ will become fixed and subject to ERISA, will itself be subject received by the VEBA Trust in respect such obligations will be transferred to to ERISA’s fiduciary responsibility of any of the Shares. This right expires the New Chrysler VEBA Plan and the standards. upon the earlier of its exercise and the VEBA Trust, which has been established The VEBA Trust will have three VEBA Trust’s surrender of all remaining to fund benefits under the Plan. The separate retiree accounts, designed to New Chrysler interests held by the New Chrysler VEBA Plan and the VEBA segregate payments attributable to VEBA Trust to the Treasury Department. Trust shall, as of the Implementation General Motors (GM), Ford, and If on December 31, 2014, December Date, be the employee welfare benefit Chrysler, pursuant to the terms of each 31, 2016, or December 31, 2018, the plan and trust that are exclusively company’s settlement agreement with VEBA Trust’s Shares are not equal to the responsible for all retiree medical the UAW and each respective class. value of the Threshold Amount, and the benefits with respect to the Class and Each retiree account will be a separate, VEBA Trust or a VEBA Trust-controlled the Covered Group. The UAW Chrysler dedicated account, to be used for the affiliate continues to hold Shares, the Retirees Employees Beneficiary sole purpose of funding benefits VEBA Trust is obligated under the Association, an employee organization provided under the separate plans,

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providing health benefits to the retirees (xi) Payment of $823.8 million on July deems desirable for the administration of GM, Ford and Chrysler, and defraying 15, 2020 of the VEBA Trust, and to interpret the the reasonable expenses of each plan. (xii) Payment of $823.8 million on July terms of the Plans and VEBA Trust. The Each retiree account will contain a 15, 2021 Committee shall be guided by the separate sub-account maintained to hold (xiii) Payment of $823.8 million on July principle that the Plans should provide any employer security. Assets from one 15, 2022 substantial health benefits for the retiree account may not offset the (xiv) Final Payment of $827.1 million on duration of the lives of all participants liabilities or defray the expenses July 15, 2023 and beneficiaries. attributable to another retiree account. The Shares and the Note were The Committee consists of eleven (11) The VEBA Trust was structured in this contributed to the VEBA Trust on the individuals, five (5) appointed by the way to allow for the pooled investment closing date of the Sale, which was June UAW and six (6) who are Independent of assets and to provide economies of 10, 2009. Members. Independent Member terms scale to the respective plans’ The Trustee, State Street Bank and shall be for three (3)-year periods, investments, while maintaining a Trust Company, shall hold the assets except the initial terms of four (4) of the separate plan for each three retiree and income of the Trust in accordance six (6) original Independent Members, classes. Unless the Committee decides with the terms of the New Chrysler two (2) of whom shall have an initial to establish segregated investment VEBA Plan. According to the applicant, term of two (2) years, and two of whom vehicles for specific separate retiree the Trustee has no discretionary shall have an initial term of one (1) year. accounts, the assets of the separate authority with respect to the investment An Independent Member may serve retiree accounts, other than any of assets held in the VEBA Trust, and more than one term. Neither Chrysler must exercise its power in accordance employer security sub-account, will be LLC nor New Chrysler has any with the instructions of the Independent invested on a pooled basis within the appointment power, and the Committee Fiduciary with respect to any employer VEBA Trust (provided that the interest will function independently of both. security, and in all other cases the of each account remains separately The initial Independent Members were instructions of the Committee or any accounted for). approved by the district court in the investment manager that may be The Modified Settlement Agreement English case. No member of the appointed by the Committee.10 itself contemplates three separate and Subject Committee may be a current or former distinct funding sources for the VEBA to the direction of the Independent officer, director or employee of Old GM Trust: (1) Assets held under a pre- Fiduciary with respect to any employer (i.e., prior to bankruptcy), New GM, existing internal Chrysler VEBA (the security, the Trustee shall make Ford, Chrysler LLC or New Chrysler, ‘‘Preexisting Internal VEBA’’) that are payments from the VEBA Trust Fund to except that a retiree who was attributable to the UAW retirees covered pay benefits under the Plans as directed represented by the UAW in his or her under the Modified Settlement by the Committee or its designee. employment with either Old GM, New Agreement—such assets were valued at According to the terms of the Trust GM, Ford, Chrysler LLC, or New $1,589,500,000 as of March 31, 2009, agreement, the Trustee may be removed Chrysler or an employee of any such and those assets, plus the earnings by the Committee at any time upon company who is on leave from the thereon, are expected to be contributed thirty (30) days’ advance written notice. company and is represented by the to the VEBA Trust on or about January The Committee UAW, may be a UAW Member. None of 1, 2010; (2) the Shares, which will The Committee will serve as Plan the Independent Members nor any of represent sixty-seven and sixty-nine their family members, employers or one-hundredths percent (67.69%) of the Administrator and will be a named fiduciary of the New Chrysler VEBA partners may have any financial or fully diluted ownership of New Chrysler institutional relationship with either as of the consummation of the Sale; and Plan. The Committee will determine the benefits to be provided under the Plan, Old GM, New GM, Ford, Chrysler LLC, (3) a note issued by New Chrysler with or New Chrysler if such relationship a principal amount of $4,587,000,000 including, without limitation, which participants will receive benefits, in could reasonably be expected to impair and an implicit interest rate of nine such Independent Member’s exercise of percent (9%) (the ‘‘Note’’) payable in what form, and in what amount, and the contributions that the participants will independent judgment. fixed annual installments pursuant to An Independent Member may be the following schedule: be required to make to help defray the cost of their coverage. The Committee, removed or replaced, and a successor (i) Payment of $315 million on July 15, acting on behalf of the EBAs, shall be designated, at any time by an affirmative 2010 vote of nine (9) of the other members of (ii) Payment of $300 million on July 15, responsible for the implementation, amendment and overall operation of the the Committee. In the event of a vacancy 2011 of an Independent Member position, (iii) Payment of $400 million on July 15, VEBA Trust and the establishment, amendment, maintenance, and whether by expiration of a term, 2012 resignation, removal, incapacity, or (iv) Payment of $600 million on July 15, administration of the Plans (i.e., death of an Independent Member, a 2013 Chrysler, Ford and GM). Subject to the (v) Payment of $650 million on July 15, provisions of the VEBA Trust and successor Independent Member shall be 2014 applicable laws, the Committee shall elected by the affirmative vote of nine (vi) Payment of $650 million on July 15, have sole, absolute and discretionary (9) Members, and when possible, such 2015 authority to adopt such rules and successor Independent Member shall be (vii) Payment of $650 million on July provisions and take all actions that it elected prior to the expiration of the 15, 2016 term, resignation, removal, incapacity, (viii) Payment of $650 million on July 10 Under ERISA section 403(a)(1), a plan may or death of the Independent Member 15, 2017 expressly provide that a trustee is subject to the being replaced. The UAW Members (ix) Payment of $823.8 million on July direction of a named fiduciary who is not a trustee, shall serve at the discretion of the UAW in which case the trustee shall be subject to proper 15, 2018 directions of such fiduciary which are made in International President, and may be (x) Payment of $823.8 million on July accordance with the terms of the plan and which removed or replaced, and a successor 15, 2019 are not contrary to the Act. 29 U.S.C. 1103(a)(1). designated, at any time by written

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notice from the UAW International of the Independent Fiduciary to perform written notice only for cause.14 The President to the Committee. these functions is a contractual removal will be effective as specified in A majority of the Members of the obligation of the VEBA Trust. In the written notice, provided that the Committee then in office shall addition, the Committee believes it is Independent Fiduciary has been given constitute a quorum for the purpose of appropriate and desirable to appoint an notice of the appointment of a successor transacting any business; provided that Independent Fiduciary with specialized independent fiduciary. No successor at least one Independent Member and expertise as investment manager for will be appointed in the event the New one UAW Member are present. Each purposes of the protections afforded by Chrysler VEBA Plan ceases to hold any Member of the Committee present at the ERISA section 405(d). Additionally, employer security. In the event that the meeting shall have one vote. All actions under the Shareholder Rights New Chrysler VEBA Plan subsequently of the Committee shall be by majority Agreement, the New Chrysler VEBA acquires or holds an employer security vote of the entire Committee, provided Plan must vote its Membership Interest and no appointment of a successor that at least one Independent Member in New Chrysler in accordance with the independent fiduciary has been made, and one Union Member must be a recommendations of the independent any court of competent jurisdiction Member in the majority for any directors of New Chrysler, in proportion may, upon application by the retiring Committee action to take effect. to those recommendations. Therefore, independent fiduciary, appoint a Independent Fiduciary the Independent Fiduciary will have no successor after such notice to the responsibility for the voting of the Committee and the retiring independent Pursuant to the Trust Agreement of fiduciary. the VEBA Trust, the Committee, in its Membership Interests. sole discretion, will appoint an The Independent Fiduciary must be 14 Cause is defined in the Independent Fiduciary Independent Fiduciary to manage the independent of and unrelated to Agreement as: (i) Any disqualifying event described Employer Security Sub-Account Chrysler LLC, New Chrysler, the UAW in ERISA section 411; (ii) determination by any following the consummation of the and the Committee or their affiliates. court, arbitrator or government regulatory body that Section 363 Sale.11 The Independent the Independent Fiduciary has violated any civil or This provision will be violated if (1) criminal law (including, but not limited to, Fiduciary shall be a bank, trust such fiduciary directly or indirectly securities, antitrust or ERISA) in connection with company or registered investment controls, is controlled by, or is under the performance of its responsibilities to the VEBA adviser under the Investment Advisers common control with Chrysler LLC, Trust (For purposes of avoidance of doubt in Act of 1940, as amended. The connection with this and the subsequent New Chrysler, the UAW, the Committee subparagraph, a ‘‘determination’’ shall mean any Independent Fiduciary will be a or their affiliates, (2) such fiduciary written judgment, order or decree; court-approved ‘‘named fiduciary’’ and ‘‘investment directly or indirectly receives any settlement; arbitration award; or enforcement action manager’’ as defined in ERISA and shall of a government regulatory body or SRO, in the compensation or other consideration form of a written sanction, claim, demand or act on behalf of the New Chrysler VEBA from Chrysler LLC, New Chrysler, the Plan and VEBA Trust in connection opinion, whether or not appealable); (iii) UAW or any Committee member in his determination by any court, arbitrator or with the discretionary management and or her individual capacity in connection government regulatory body that the Independent disposition (but not the acquisition) of Fiduciary has materially breached the terms of its with any transaction described in this all employer securities contributed to engagement, whether or not appealable; (iv) any exemption (except that an independent the VEBA Trust by New Chrysler action by the Independent Fiduciary that results in fiduciary may receive compensation imposition of a civil or criminal sanction, any including, as currently relevant, the from the Committee or the New Chrysler prohibited transaction excise tax, or any civil Notes and the Shares (including judgment or award of damages, on the VEBA Trust, VEBA Plan for services provided to the valuation of the Shares), the Call Option the Committee, the trustee, or their respective New Chrysler VEBA Plan in connection and any other employer securities held employees, officers directors or owners (whether or with the transactions discussed herein if not subject to indemnity by the Independent by the VEBA Trust. The exercise of any the amount or payment of such Fiduciary, an insurer, or any other person); (v) discretionary rights appurtenant to the termination, resignation, or death of the Shares, the Note, or the Call Options compensation is not contingent upon or Independent Fiduciary principal or officer assigned in any way affected by the independent to serve as the relationship principal with respect (excluding the VEBA Trust’s acceptance to the VEBA Trust, or the inability of such person of the contribution of such Shares, and fiduciary’s ultimate decision), and (3) the annual gross revenue received by to perform his or her duties for a continuous period Note) shall be directed by the of more than 30 days; (vi) any change of ownership Independent Fiduciary. In effect, the the fiduciary, in any fiscal year, from of the Independent Fiduciary that constitutes an parties anticipate that the Independent Chrysler LLC, New Chrysler, the UAW ‘‘assignment’’ of the Independent Fiduciary’s or a member of the Committee in his or contract with the VEBA Trust, within the meaning Fiduciary will ‘‘step into the shoes’’ of of the Investment Advisers Act; (vii) failure of the the VEBA Trust in connection with the her individual capacity, exceeds 3% of Independent Fiduciary to qualify as an ‘‘investment Trust’s exercise of its rights and the fiduciary’s annual gross revenue manager’’ within the meaning of ERISA section responsibilities as owner of the Notes from all sources (for federal income tax 3(38); (viii) any change in the clientele, business or purposes) for its prior tax year.13 ownership of the Independent Fiduciary that results and the Shares, with the sole exception in an actual conflict of interest; (ix) failure of the of the Trust’s right to appoint (with the The Independent Fiduciary may be Independent Fiduciary to take into account the approval of the UAW) a director to the removed by the Committee on 30 days legitimate needs of the VEBA Trust for liquidity to 12 pay benefits; (x) violation of any conditions New Chrysler Board. The appointment imposed on the Independent Fiduciary under the transaction documents, will elect to be taxed as ‘‘C’’ terms of the prohibited transaction exemption 11 The sub-account is maintained by the Trustee corporations, and will exist primarily for tax issued by the Department; (xi) any other action or within each Separate Retiree Account to hold reasons (relating to VEBA tax qualification and inaction of the Independent Fiduciary that the separately any Employer Security and any proceeds unrelated business income tax considerations). Committee determines to be a material breach of the from the disposition of any Employer Security. 13 The Department notes that candidates for the Independent Fiduciary’s agreement or any law, or 12 Generally, the Committee will remain position of Independent Fiduciary to the New is likely to result in an irreconcilable conflict; (xii) responsible for corporate and tax matters relating to Chrysler VEBA Plan may be affiliated with entities any circumstance that leads the Committee to the creation and maintenance (e.g., corporate and that provide services to Old GM, New GM, Ford, reasonably conclude that the termination of the tax filings and elections, annual reports, etc.) of one Chrysler LLC or New Chrysler or their affiliates. It Independent Fiduciary and replacement by a or more ‘‘passive,’’ wholly owned title-holding is the responsibility of the Committee to determine successor Independent Fiduciary is in the financial LLCs that will actually take legal title to the New whether such affiliations are likely to affect the interest of the VEBA Trust, provided that the Chrysler interests on behalf of the VEBA. These judgment of the candidate in performing its services Committee documents the reasons for the holding entities are contemplated in the various as Independent Fiduciary. termination.

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Following the second anniversary of other relevant factors, in consultation exercised by the Committee to designate the Closing Date, under the New with counsel, the subcommittee one representative to the New Chrysler Chrysler Operating Agreement, the anticipates making a final determination Board of Directors (the ‘‘Board’’), subject VEBA Trust and other holders of Shares as to whether to hire one Independent to the prior written consent of the UAW. may transfer their interests in New Fiduciary or multiple Independent Pursuant to the New Chrysler Operating Chrysler to third parties. Under the Fiduciaries. Agreement, the Board will initially Trust Agreement, the Independent The subcommittee will work with the consist of nine (9) members; three (3) of Fiduciary would exercise the VEBA Independent Fiduciary candidate(s) to whom will be appointed by Fiat, three Trust’s right to make such transfers. develop procedures to identify, (3) of whom will be appointed by the Before transferring New Chrysler minimize and address conflicts of Treasury Department (which three Membership Interests to a third party, interest as they arise. Specifically, in the directors will in turn appoint a fourth non-Fiat holders must afford Fiat a right event that a single Independent director (the ‘‘Final Director’’)), one (1) of first offer, and other holders a right Fiduciary is appointed, the of whom will be appointed by the of second offer, whereby Fiat or the subcommittee will engage a ‘‘conflicts Canadian Government, and one (1) of other holders could purchase the monitor’’ to (i) develop a process for whom will be appointed by the VEBA interests to be transferred on the same identifying potential conflicts, (ii) to Trust (as described above). In addition, terms as the terms offered to the third regularly review the Independent for so long as the VEBA Trust owns any party. With respect to employer Fiduciary reports, investment banker membership interests in New Chrysler, securities held by the VEBA Trust, the reports, and public information the VEBA Trust has agreed to vote its Independent Fiduciary would have the regarding the companies, to identify the membership interests in accordance responsibility to afford Fiat the right of presence of factors that could lead to a with the recommendations of the first offer and other holders the right of conflict, and (iii) further question the independent directors of the Board, in second offer according to the terms of Independent Fiduciary when proportion to such recommendations. the New Chrysler Operating Agreement. appropriate. Fiat will have the right to appoint four The rights of the VEBA Trust under Additionally, the subcommittee will (4) directors once it obtains an aggregate the Shareholders Agreement and the be prepared to replace the Independent ownership interest of thirty-five percent Registration Rights Agreement are rights Fiduciary in the event of an actual and (35%) or more in New Chrysler and the concerning the management and irreconcilable conflict of interest. Final Director will resign once Fiat disposition of employer securities, and Finally, the subcommittee will require obtains the right to appoint a fourth as such, according to the terms of the the Independent Fiduciary to adopt a director. VEBA Trust, will be exercised by the written policy regarding conflicts of Independent Fiduciary. The interest. Such policy will require that, Administrative Exemptive Relief Independent Fiduciary will determine as part of the Independent Fiduciary’s New Chrysler’s financial when and whether to exercise certain periodic reporting to the Committee, the circumstances preclude it from paying registration rights. Independent Fiduciary includes a cash to the New Chrysler VEBA Plan. As The Committee delegated to a discussion of actual or potential explained above, the Bankruptcy subcommittee (i.e., three Committee conflicts identified by the Independent Proceeding and related Sale were vital members) the responsibility to retain an Fiduciary and options for avoiding or for the survival of the business Independent Fiduciary on behalf of the resolving the conflict. previously conducted by Chrysler and New Chrysler VEBA Plan. The A separate investment bank will be this exemption request is critical to the subcommittee initially determined to retained with respect to each of the larger overall transaction. Certain proceed with the assumption that the three plans comprising the VEBA Trust. transactions called for or necessitated by interests of each plan whose assets are The investment bank’s initial the Settlement Agreement between New held by the VEBA Trust would be best recommendations would be made solely Chrysler and the New Chrylser VEBA served by seeking to retain a single with the goal of maximizing the returns Plan are prohibited by the restrictions of qualified Independent Fiduciary to for the single plan that owns the 406 of ERISA.15 Accordingly, the represent all three plans (providing securities for which the investment Applicant requests an administrative health benefits, respectively, to retirees bank is responsible. If the Independent exemption from the Department with of Chrysler, GM, and Ford). However, Fiduciary deviated from such initial respect to: (1) The acquisition by the the subcommittee recognizes the recommendations, it would find it New Chrysler VEBA Plan of the Shares possibility that engaging multiple necessary to explain why it deviated and the Note from New Chrysler; (2) the Independent Fiduciaries may turn out to from a recommendation; additionally, holding by the New Chrysler VEBA Plan be the better option. such a deviation would be a way for the of the Shares and the Note; (3) the The subcommittee intends, as part of Committee or its designee to flag management of the Shares and Note by the interview process for potential possible conflicts of interest in advance. an Independent Fiduciary; and (4) the candidates for the Independent Any contract between the Independent asset transfers to and from the New Fiduciary appointment, to question the Fiduciary and an investment banker Chrysler VEBA Plan necessitated by the candidates on the nature and likelihood will include an acknowledgement by transition of benefits payment of potential conflicts of interest, the the investment banker that the responsibility from one plan to another, appropriate means of monitoring and investment banker’s ultimate client is an or due to mistaken deposits into the communicating actual or potential ERISA plan. New Chrysler VEBA Plan. The conflicts, including whether the Applicant explains that the contribution candidates currently have formal Board of Directors of the Shares and the Note to the VEBA conflict monitoring procedures, and In addition to the VEBA Trust’s mechanisms for dealing with actual or ownership interest in New Chrysler, for 15 Unless otherwise indicated, all references potential conflicts as they are identified. so long as the VEBA Trust remains a herein to regulations are to regulations found in 29 CFR and all references to statutory sections are to After reviewing the candidates’ member of, and retains at least a fifteen provisions of the Employee Retirement Income qualifications, capacity to represent all percent (15%) interest in, New Chrysler, Security Act of 1974, as amended (‘‘ERISA’’), as three plans, willingness to do so, and the VEBA Trust shall have the right codified in Title 29 of the United States Code.

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Trust would violate sections is applying for a prohibited transaction to the Class and Covered Group, with 406(a)(1)(A), (B), and (E), 406(a)(2), and exemption to permit the New Chrysler respect to benefit claims incurred on 407(a), and 406(b) of the Act. In VEBA Plan to acquire and hold such and after the Implementation Date. addition, the Applicant requests New Chrysler Note and Shares. Under certain circumstances exemptive relief from the prohibitions Similarly, if employer securities and connected to the transition, New of sections 406(a)(1)(B) and 406(a)(1)(D) employer real property would exceed Chrysler, any affiliate of New Chrysler, of ERISA for certain payments and 10% of the total assets in the New VEBA the Existing Internal VEBA and the New reimbursements between New Chrysler, immediately after transfer of the New Chrysler VEBA Plan may arguably the Existing Internal VEBA, and the Chrysler Shares and Note to the New extend credit or transfer plan assets to New Chrysler VEBA Plan, and for the Chrysler VEBA Plan, the applicant one another in order to pay benefit return of mistaken deposits to the New requests an exemption for the claims that are the legal responsibility of Chrysler VEBA Plan. acquisition and holding of such Note the other party (the ‘‘Responsible Section 406(a)(1)(E) of the Act and Shares. Thus, an exemption is Party’’).17 The Applicant asserts that provides that a fiduciary with respect to specifically needed because the mispayments and reimbursements are a plan shall not cause the plan to engage transactions that are intended to likely to occur in the normal course due in a transaction if he knows or should adequately fund the New Chrysler to the administrative realities of health know that such transaction constitutes a VEBA Plan will result in violations of care payments and the shifting of direct or indirect acquisition, on behalf sections 406(a)(1)(E), 406(a)(2), 406(b)(1) medical benefit responsibilities between of the plan, of any employer security in and (2) of the Act. New Chrysler, any affiliate of New violation of section 407(a). Section Additionally, the Department has Chrysler, the Existing Internal VEBA 406(a)(2) of the Act prohibits a fiduciary proposed relief from section and the New Chrysler VEBA Plan in a who has authority or discretionary 406(a)(1)(A) for the disposition of the short period of time. control of plan assets to permit the plan Shares, in the event that the Shares are In the event of a mispayment, the to hold any employer security if he sold in a transaction involving a party Responsible Party will reimburse the knows or should know that holding in interest. Section 406(a)(1)(A) payor for such benefits, plus interest. such security violates section 407(a). prohibits the sale, exchange or leasing of According to the Applicant, payment by Section 407(a)(1) of the Act states that any property between a plan and a party a payor of benefits for claims incurred a plan may not acquire or hold any in interest. after benefit responsibility has been employer security which is not a transferred arguably is an extension of qualifying employer security. Section Benefit Payments and Reimbursements credit between the payor and the 407(a)(2) of the Act states that a plan The Applicant requests exemptive responsible party that is prohibited may not acquire any qualifying relief from the prohibitions of sections under section 406(a)(1)(B). Payment by employer security (or qualifying 406(a)(1)(B) and 406(a)(1)(D) of ERISA the Responsible Party to the payor as employer real property) if immediately for certain payments and reimbursement for these paid claims after such acquisition the aggregate fair reimbursements between New Chrysler, arguably is a transfer of plan assets to market value of the employer securities any affiliate of New Chrysler, the a party in interest that is prohibited (and employer real property) held by the Existing Internal VEBA and the New under 406(a)(1)(D). plan exceeds 10% of the fair market Chrysler VEBA Plan. Deposits by Mistake value of the assets of the plan. Section ERISA section 406(a)(1)(B) prohibits a 407(d)(5) of the Act defines the term fiduciary from causing a plan to engage The Applicant likewise seeks relief ‘‘qualifying employer security’’ to mean in a transaction if he knows or should from section 406(a)(1)(D) of ERISA for an employer security which is a stock, know that such transaction constitutes a return of mistaken deposits to the New a marketable obligation, or an interest in direct or indirect lending of money or Chrysler VEBA Plan, with interest. certain publicly traded partnerships. other extension of credit between a plan Under the last paragraph of section 9 After December 17, 1987, in the case of and a party in interest. ERISA section of the Modified Settlement Agreement, a plan, other than an eligible individual 406(a)(1)(D) prohibits a fiduciary from any deposit made to the New Chrysler account plan, an employer security will causing a plan to engage in a transaction VEBA Plan by mistake will be returned be considered a qualifying employer if he knows or should know that such (with earnings) within 30 days of notice security only if such employer security transaction constitutes a direct or to the Committee of the mistake, to the satisfies the requirements of section indirect transfer to, or use by or for the extent permitted by law. The Applicant 407(f)(1) of the Act. Section 407(f)(1) of benefit of, a party in interest, of any is concerned that this could be viewed the Act states that stock satisfies the assets of the plan. as involving a prohibited transfer of requirements of this paragraph if, Prior to the Implementation Date, plan assets to a party in interest. immediately following the acquisition New Chrysler will provide benefits to, Accordingly, the Applicant requests of such stock no more than 25% of the among others, individuals who exemptive relief for this transaction. aggregate amount of stock of the same ultimately will be covered by the New Statutory Findings class issued and outstanding at the time Chrysler VEBA Plan. The New Chrysler The Applicant makes the following of acquisition is held by the plan, and VEBA Plan will have sole responsibility statements regarding the Department’s at least 50% of the aggregate amount of and be the exclusive source of funds for required findings under section 408(a) such stock is held by persons the payment of retiree medical benefits of ERISA that the exemption is independent of the issuer. In this regard, since the New Chrysler administratively feasible, in the issued by an employer or an affiliate that is interests of the New Chrysler VEBA Note and Shares are not qualifying acquired or held by the VEBA Trust (or arising from any such security through conversion) pursuant to employer securities within the meaning 17 16 a deposit or transfer under one of the Settlements Under sections 5 and 6 of the Modified of § 407(d)(5) of ERISA, New Chrysler with Chrysler, GM, and Ford, the acquisition or Settlement Agreement, claims incurred before the holding of which (i) is not prohibited by sections Implementation Date will be paid by New Chrysler, 16 An Employer Security is any obligation, note, 406(a)(1)(E) or 406(a)(2) of ERISA, or (ii) is the an affiliate of New Chrysler or the Preexisting warrant, bond, debenture, stock or other security subject of a prohibited transaction exemption Internal VEBA, as applicable, in accordance with within the meaning of section 407(d)(1) of ERISA provided under section 408(a) of ERISA. the terms of the New Chrysler VEBA Plan.

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Plan and of its participants and exemption is administratively feasible, ERISA shall not apply, effective June 10, beneficiaries, and protective of the in the interests of the plan and of its 2009, to: rights of New Chrysler VEBA Plan participants and beneficiaries, and (1) The payment by New Chrysler, the participants and beneficiaries. protective of the rights of participants Existing Internal VEBA, the New Chrysler The exemption transactions are and beneficiaries of the plan; VEBA Plan, or any affiliate of New Chrysler administratively feasible because they (3) The proposed exemption, if of a benefit claim that was the responsibility are relatively simple and straight- granted, will be supplemental to, and and legal obligation, under the terms of the forward, easy to monitor, and involve not in derogation of, any other applicable plan documents, of one of the the management of the Securities by the other parties listed in this paragraph; and provisions of the Act and/or the Code, (2) The reimbursement by New Chrysler, Independent Fiduciary. including statutory or administrative The exemption transactions are in the the Existing Internal VEBA, the New Chrysler exemptions and transitional rules. VEBA Plan, or any affiliate of New Chrysler, interest of the New Chrysler VEBA Furthermore, the fact that a transaction of a benefit claim that was paid by another Plan’s participants and beneficiaries and is subject to an administrative or party listed in this paragraph, which was not protective of their rights because a statutory exemption is not dispositive of legally responsible for the payment of such retiree welfare plan with assets whether the transaction is in fact a claim, plus interest. consisting of employer securities is prohibited transaction; and (c) If the exemption is granted, the preferable to a plan that is unfunded or (4) The proposed exemption, if restrictions of sections 406(a)(1)(B), underfunded. The Independent granted, will be subject to the express 406(a)(1)(D), 406(b)(1) and 406(b)(2) of Fiduciary will represent the interests of condition that the material facts and ERISA shall not apply, effective June 10, the participants and beneficiaries of the representations contained in the 2009, to the return to New Chrysler of New Chrysler VEBA Plan by exercising application are true and complete, and assets deposited or transferred to the the sole discretion regarding the that the application accurately describes New Chrysler VEBA Plan by mistake, management and disposition of the New all material terms of the transaction plus interest. Chrysler Shares and Note. which is the subject of the exemption. Section II. Conditions Applicable to Notification of Interested Persons Proposed Exemption Section I(a) Notice of the proposed exemptions Based on the facts and representations (a) The Committee appoints a will be provided to all interested set forth in the application, the qualified Independent Fiduciary to act persons in the manner agreed upon by Department is considering granting the on behalf of the New Chrysler VEBA the applicant and the Department following exemption under the Plan for all purposes related to the within 15 days of the date of publication authority of section 408(a) of the Act transfer of the Shares and Note to the in the Federal Register. Such notice and in accordance with the procedures Plan for the duration of the Plan’s shall include a copy of the notice of set forth in 29 CFR Part 2570, Subpart holding of the Shares and Note, except proposed exemption as published in the B (55 FR 32836, 32847, August 10, for the voting of the Shares. Such Federal Register and shall inform 1990), as follows: Independent Fiduciary will have sole interested persons of their right to discretionary responsibility relating to comment and to request a hearing Section I. Covered Transactions the holding, disposition and ongoing (where appropriate). (a) If the exemption is granted, the management of the Shares and the Note. General Information restrictions of sections 406(a)(1)(A), (B), The Independent Fiduciary will and (E), 406(a)(2), 406(b)(1) and (2), and determine, before taking any of the The attention of interested persons is 407(a) of the Act shall not apply, actions regarding the Shares and the directed to the following: effective June 10, 2009 to: Note, that each such action or (1) The fact that a transaction is the transaction is in the interest of the New subject of an exemption under section (1) The acquisition by the UAW Chrysler Chrysler VEBA Plan. 408(a) of the Act and/or section Retiree Medical Benefits Plan (New Chrysler (b) In the event that the same VEBA Plan) and its associated UAW Retiree 4975(c)(2) of the Code does not relieve Independent Fiduciary is appointed to a fiduciary or other party in interest or Medical Benefits Trust (the VEBA Trust) of 676,924 New Chrysler Shares (the Shares) represent the interests of one or more of disqualified person from certain other and a note issued by New Chrysler with a the other plans comprising the VEBA provisions of the Act and/or the Code, principal amount of $4,587,000,000 and an Trust (i.e., the UAW General Motors including any prohibited transaction implicit interest rate of nine percent (9%) Retiree Medical Benefits Plan and/or the provisions to which the exemption does (the Note) transferred by New Chrysler and UAW Ford Retiree Medical Benefits not apply and the general fiduciary deposited in the Chrysler Employer Security Plan) with respect to employer responsibility provisions of section 404 Sub-Account of the Chrysler Separate Retiree securities deposited into the Trust, the of the Act, which, among other things, Account of the VEBA Trust; Committee takes the following steps to require a fiduciary to discharge his (2) The holding of the Shares and the Note identify, monitor and address any duties respecting the plan solely in the by the New Chrysler VEBA Plan in the Chrysler Employer Security Sub-Account of conflict of interest that may arise with interest of the participants and the Chrysler Separate Retiree Account of the respect to the Independent Fiduciary’s beneficiaries of the plan and in a VEBA Trust; performance of its responsibilities: prudent fashion in accordance with (3) The disposition of the Shares and the (i) The Committee appoints a section 404(a)(1)(B) of the Act; nor does Note; ‘‘conflicts monitor’’ to: (1) Develop a it affect the requirement of section (4) The sale by the New Chrysler VEBA process for identifying potential 401(a) of the Code that the plan must Plan to Fiat S.p.A (Fiat) of Shares pursuant conflicts; (2) regularly review the operate for the exclusive benefit of the to the exercise by Fiat of the Call Option Independent Fiduciary reports, employees of the employer maintaining Agreement and/or the First Offer Right investment banker reports, and public the plan and their beneficiaries; described in the New Chrysler Operating information regarding the companies, to (2) Before an exemption may be Agreement. identify the presence of factors that granted under section 408(a) of the Act (b) If the exemption is granted, the could lead to a conflict; and (3) further and/or section 4975(c)(2) of the Code, restrictions of sections 406(a)(1)(B), question the Independent Fiduciary the Department must find that the 406(a)(1)(D), 406(b)(1) and 406(b)(2) of when appropriate.

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(ii) The Committee adopts procedures administrator will review the benefits a separate prohibited transaction will to facilitate prompt replacement of the paid during the transition period and not be considered to have occurred if, Independent Fiduciary if the Committee determine the dollar amount of due to circumstances beyond the control in its sole discretion determines such mispayments made, subject to the of the Committee and/or the replacement is necessary due to a review of the VEBA Trust’s independent Independent Fiduciary, the records are conflict of interest. auditor. The results of this review will lost or destroyed prior to the end of the (iii) The Committee requires the be made available to New Chrysler. six-year period, and (ii) no party in Independent Fiduciary to adopt a (b) New Chrysler and their respective interest other than the Committee or the written policy regarding conflicts of plans’ third party administrator(s) will Independent Fiduciary shall be subject interest. Such policy shall require that, review the benefits paid during the to the civil penalty that may be assessed as part of the Independent Fiduciary’s transition period and determine the under section 502(i) if the records are periodic reporting to the Committee, the dollar amount of mispayments made, not maintained, or are not available for Independent Fiduciary includes a subject to the review of the respective examination as required by paragraph discussion of actual or potential plans’ independent auditor. The results (b) below; and conflicts identified by the Independent of this review will be made available to (b)(1) Except as provided in section Fiduciary and options for avoiding or the Committee. (2) of this paragraph and resolving the conflict. (c) Interest on any reimbursed notwithstanding any provisions of (c) The Independent Fiduciary mispayment will accrue from the date of subsections Section (a)(2) and (b) of authorizes the Trustee of the New the mispayment to the date of the ERISA section 504, the records referred Chrysler VEBA Plan to dispose of the reimbursement. to in paragraph (a) above shall be Shares and the Note only after the (d) Interest will be determined using unconditionally available at their Independent Fiduciary determines, at the applicable OPEB discount rate.18 customary location during normal the time of the transaction, that the (e) If there is a dispute as to the business hours to: transaction is feasible, in the interest of amount of a reimbursement requested, (A) Any duly authorized employee or the New Chrysler VEBA Plan, and the parties will enter into an alternative representative of the Department or the protective of the participants and dispute resolution procedure as defined Internal Revenue Service; beneficiaries of the Plan. in section VI.(e) of this exemption. (B) the UAW or any duly authorized (d) The Independent Fiduciary representative of the UAW; negotiates and approves on behalf of the Section IV. Conditions Applicable to (C) New Chrysler or any duly New Chrysler VEBA Plan any Section I(c) authorized representative of New transactions between the New Chrysler (a) New Chrysler must make a claim Chrysler; and VEBA Plan and any party in interest to the Committee regarding the specific (D) Fiat or any duly authorized involving the Shares or the Note that deposit or transfer made in error or representative of Fiat; and may be necessary in connection with made in an amount greater than that to (E) the Independent Fiduciary or any the subject transactions (including but which the New Chrysler VEBA Plan was duly authorized representative of the not limited to the registration of the entitled. Independent Fiduciary; securities contributed to the New (b) The claim is made within the (F) The Committee or any duly Chrysler VEBA Plan). Verification Time Period, as defined in authorized representative of the (e) Any contract between the Section VI(s) of this exemption. Committee; and Independent Fiduciary and an (c) Interest on any mistaken deposit or (G) Any participant or beneficiary of investment banker includes an transfer will accrue from the date of the the New Chrysler VEBA Plan, or any acknowledgement by the investment mistaken payment to the date of the duly authorized representative of such banker that the investment banker’s repayment. participant or beneficiary. ultimate client is an ERISA plan. (d) Interest will be determined using Section VI. Definitions (f) The Independent Fiduciary the applicable OPEB discount rate. discharges its duties consistent with the (e) If there is a dispute as to the (a) The term ‘‘affiliate’’ means: (1) terms of the New Chrysler VEBA Plan, amount of a mistaken payment, the Any person directly or indirectly, the Trust Agreement, the Independent parties will enter into an alternative through one or more intermediaries, Fiduciary Agreement, and any other dispute resolution procedure as defined controlling, controlled by, or under documents governing the employer in section VI.(e) of this exemption. common control with such other securities, such as the registration rights person; (2) Any officer, director, or Section V. Conditions Applicable to agreement. partner, employee or relative (as defined (g) The New Chrysler VEBA Plan Section I(a), (b), (c) in section 3(15) of ERISA) of such other incurs no fees, costs or other charges (a) The Committee and the person; or (3) Any corporation, (other than described in the VEBA Trust Independent Fiduciary maintain for a partnership or other entity of which agreement and the Modified Settlement period of six (6) years from the date the such other person is an officer, director Agreement) as a result of the Note or any Shares are transferred to the or partner. (For purposes of this transactions exempted herein. New Chrysler VEBA Plan the records definition, the term ‘‘control’’ means the (h) The terms of any transaction necessary to enable the persons power to exercise a controlling exempted herein are no less favorable to described in paragraph (b) below to influence over the management or the New Chrysler VEBA Plan than the determine whether conditions of this policies of a person other than an terms negotiated at arms’ length under exemption have been met, except that (i) individual.) similar circumstances between (b) The term ‘‘Class’’ or ‘‘Class unrelated parties. 18 OPEB means Other Post-Employment Benefits, Members’’ shall mean all persons who and typically includes retiree healthcare benefits, are: (i) New Chrysler-UAW Represented Section III. Conditions Applicable to life insurance, tuition assistance, day care, legal Employees who, as of October 29, 2007, Section I(b) services and the like. The OPEB discount rate is a rate used to discount projected future OPEB were retired from Chrysler LLC with (a) The Committee and the New benefits payment cash flows to determine the eligibility for Retiree Medical Benefits Chrysler VEBA Plan’s third party present value of the OPEB obligation. under the Chrysler Plan, and their

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eligible spouses, surviving spouses and eligible spouses, surviving spouses and will be resolved on the basis of the dependents; (ii) surviving spouses and dependents; and (iii) all eligible position taken by the opposing or dependents of any New Chrysler-UAW surviving spouses and dependents of answering party. Represented Employees who attained New Chrysler Active Employees, or of (iii) In the event that New Chrysler, seniority and died on or prior to October former New Chrysler-UAW Represented the UAW, or the Committee proceed to 29, 2007 under circumstances where Employees or UAW-represented arbitration in accordance with this such employee’s surviving spouse and/ employees identified in (ii) above, who definition, that dispute shall be or dependents are eligible to receive attained seniority on or prior to submitted to an arbitrator (the Retiree Medical Benefits from Chrysler September 14, 2007 and die after ‘‘Arbitrator’’) who will not have the and/or the Chrysler Plan; (iii) former October 29, 2007 but prior to retirement authority to modify or amend the New Chrysler-UAW Represented under circumstances where such Modified Settlement Agreement, but Employees or UAW-represented employee’s surviving spouse and/or only to apply the Modified Settlement employees who, as of October 29, 2007, dependents are eligible for Retiree Agreement, as written, to particular were retired from any previously sold, Medical Benefits from Chrysler LLC factual situations based on a closed, divested or spun-off Chrysler and/or the Chrysler Plan or the New preponderance of the evidence. The LLC business unit with eligibility to Chrysler VEBA Plan, as applicable. Arbitrator shall not have the authority to receive Retiree Medical Benefits from (e) The term ‘‘Alternative Dispute award punitive or exemplary damages. Chrysler LLC and/or the Chrysler Plan Resolution Procedure’’ shall mean, Interest shall be paid on any delayed by virtue of any agreement(s) between notwithstanding anything in Section 23 payments as a result of the arbitration Chrysler LLC and the UAW, and their of the Modified Settlement Agreement process. The interest will be calculated eligible spouses, surviving spouses, and to the contrary, the following process for daily at a rate equal to the OPEB dependents; and (iv) surviving spouses the resolution of any dispute or Discount Rate for each day that amounts and dependents of any former Chrysler controversy arising under Section 5 of remain outstanding. Such arbitration LLC–UAW Represented Employee or the Modified Settlement Agreement for shall take place in Auburn Hills, UAW-represented employee of a the reimbursement of benefit claims or Michigan unless otherwise agreed upon previously sold, closed, divested or in Section 9 of the Modified Settlement in writing by the parties. Any award spun-off Chrysler LLC business unit, Agreement for the mistaken deposits. shall be in writing and issued within 30 who attained seniority and died on or Such disputes shall be resolved in the days from the close of the hearing, prior to October 29, 2007 under following manner: unless the parties otherwise agree. The circumstances where such employee’s (i) While the parties agree that each of award shall be final, conclusive and surviving spouse and/or dependents are the disputes with respect to mistaken binding on New Chrysler, the UAW, and eligible to receive Retiree Medical deposits and reimbursement of benefit the Committee. The award may be Benefits from Chrysler LLC and/or the claims referred to in the Settlement reduced to judgment in any appropriate Chrysler Plan. Agreement may be submitted to court having jurisdiction in accordance (c) The term ‘‘Committee’’ shall mean arbitration, they first shall endeavor to with the provisions of the applicable the eleven individuals consisting of six resolve the dispute through the law. independent members and five UAW following procedures: (iv) In the event that a dispute arising appointed members who will serve as (1) The aggrieved party shall provide under this definition is taken to the plan administrator and named the other party with written notice of arbitration, the Arbitrator shall be the fiduciary of the New Chrysler VEBA such dispute; arbitrator/umpire used by New Chrysler Plan. (2) The written notice shall include a and the UAW for disputes arising under (d) The term ‘‘Covered Group’’ shall description of the alleged violation and the then applicable New Chrysler-UAW mean: identify the Section(s) of the Settlement National Agreement; provided that, if (i) All New Chrysler Active Agreement allegedly violated; within 15 days of receipt of the written Employees who had attained seniority (3) The party receiving the notice arbitration demand referred to in (ii) as of September 14, 2007, and who shall respond in writing within 21 above, the parties agree in writing that retire after October 29, 2007 under the calendar days of receipt of notice; and the dispute requires an arbitrator with Chrysler LLC–UAW National (4) Within 21 calendar days of that actuarial expertise, then the Arbitrator Agreements, or any other agreement(s) response the parties shall meet in an shall be a person with actuarial between Chrysler LLC and the UAW or effort to resolve the dispute. expertise upon whom the parties New Chrysler and the UAW, and who All the time periods in this definition mutually agree in writing, but failing upon retirement are eligible for Retiree may be extended by agreement of the such mutual agreement with 30 days of Medical Benefits under the Chrysler parties to the particular dispute. receipt of the written arbitration Plan or the New Chrysler VEBA Plan, as (ii) Should the parties be unable to demand referred to in (ii) above, the applicable, and their eligible spouses, resolve the dispute within 30 calendar arbitrator/umpire used by New Chrysler surviving spouses and dependents; (ii) days from the date of the meeting set and the UAW for disputes arising under all former New Chrysler-UAW forth in this definition, either party may then applicable New Chrysler-UAW Represented Employees and all UAW- send written demand to the other party National Agreement shall select a represented employees who, as of that the issue be resolved by arbitration. person with actuarial expertise to serve October 29, 2007, remained employed The failure to demand arbitration within as the Arbitrator. in a previously sold, closed, divested, or 60 calendar days from the date of the (v) New Chrysler, the UAW, and the spun-off Chrysler LLC business unit, meeting as set forth in this definition Committee shall cooperate in setting a and upon retirement are eligible for shall waive any right to such arbitration hearing date for the arbitration as soon Retiree Medical Benefits from Chrysler over the issue, absent mutual written as possible following selection of the LLC and/or the Chrysler Plan or the agreement to the contrary by the parties. Arbitrator. New Chrysler VEBA Plan by virtue of If a party fails to make a timely demand (f) The term ‘‘Existing Internal VEBA’’ any other agreement(s) between for arbitration pursuant to this shall mean the Chrysler VEBA Trust Chrysler LLC and the UAW or New definition, such party may not pursue between Chrysler and State Street Bank Chrysler and the UAW, and their the dispute in court, and the dispute and Trust Company, which will be

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maintained by New Chrysler from June commencing July 15, 2010 and ending DEPARTMENT OF LABOR 10, 2009. on July 15, 2023. (g) The term ‘‘Independent Fiduciary’’ (k) The term ‘‘Shares’’ means the Employment and Training means a fiduciary that is (i) independent membership interests issued by New Administration of and unrelated to Chrysler LLC, New Chrysler. [TA–W–60,808] Chrysler, the UAW, the Committee, and (l) The term ‘‘New Chrysler VEBA their affiliates, and (ii) appointed to act Plan’’ refers to the newly created retiree Invista, S.A.R.L., Nylon Apparel on behalf of the New Chrysler VEBA medical employee welfare benefit plan. Filament Fibers Group, a Subsidiary of Plan with respect to the holding, The plan is an employee welfare benefit Koch Industries, Inc., Chattanooga, management and disposition of the plan established and maintained by the TN; Notice of Revised Determination Shares and the Note. In this regard, the Committee, and shall provide retiree on Remand fiduciary will not be deemed to be medical benefits to the Class and the independent of and unrelated to Covered Group established pursuant to On June 18, 2009, the U.S. Court of Chrysler LLC, New Chrysler, the UAW, the Modified Settlement Agreement. International Trade (USCIT) remanded the Committee, and their affiliates if (1) (m) The term ‘‘Registration Rights to the Department of Labor’s motion for such fiduciary directly or indirectly Agreement’’ means the Equity further investigation into the matter of controls, is controlled by, or is under Registration Rights Agreement by and Former Employees of Invista, S.A.R.L. v. common control with Chrysler LLC, among New Chrysler, the U.S. Treasury, U.S Secretary of Labor, Court No. 07– New Chrysler, the UAW, the Committee Canada, the VEBA Trust and Chrysler 00160. or their affiliates, (2) such fiduciary LLC, entered into on June 10, 2009. On December 15, 2006, an official of directly or indirectly receives any (n) The term ‘‘Section 363 Sale’’ Invista, S.A.R.L, Nylon Apparel compensation or other consideration means a sale under section 363 of Title Filament Fibers Group, A Subsidiary of from Chrysler LLC, New Chrysler, the 11 of the U.S. Code, by which on June Koch Industries, Inc., Chattanooga, UAW or any Committee member in his 10, 2009, New Chrysler succeeded to Tennessee (Invista) filed a petition for or her individual capacity in connection certain assets and liabilities of Chrysler Trade Adjustment Assistance (TAA) and with any transaction contemplated in LLC. Alternative Trade Adjustment this exemption (except that an (o) The term ‘‘Modified Settlement Assistance (ATAA) on behalf of workers independent fiduciary may receive Agreement’’ means the UAW Retiree and former workers at Invista engaged compensation from the Committee or Settlement Agreement between New in activity related to the production of the New Chrysler VEBA Plan for Chrysler and the UAW dated June 10, nylon fiber. AR 1. The petition stated services provided to the New Chrysler 2009. that the separations were due to a shift VEBA Plan in connection with the (p) The term ‘‘Treasury Department’’ in production to Mexico that was the transactions discussed herein if the shall mean the United States basis for a certification that expired on amount or payment of such Department of the Treasury. August 20, 2006 (TA–W–55,055). AR 2. compensation is not contingent upon or (q) The term ‘‘VEBA’’ means the UAW The company official stated that, as of in any way affected by the independent Chrysler Retiree Medical Benefits Plan February 1, 2007, all workers of Invista fiduciary’s ultimate decision), and (3) (the New Chrysler VEBA Plan) and its would be terminated from employment. the annual gross revenue received by associated UAW Retiree Medical AR 7. the fiduciary, in any fiscal year, from Benefits Trust (the VEBA Trust). On February 7, 2007, the Department (r) The term ‘‘UAW’’ means the Chrysler LLC, New Chrysler, the UAW of Labor (Department) issued a negative International Union, United or a member of the Committee in his or determination regarding workers’ Automobile, Aerospace and Agricultural her individual capacity, exceeds 3% of eligibility to apply for TAA/ATAA. AR Implement Workers of America. 30–32. On February 21, 2007, the the fiduciary’s annual gross revenue (s) The term ‘‘Verification Time Department’s Notice of determination from all sources (for federal income tax Period’’ means: (i) With respect to all was published in the Federal Register purposes) for its prior tax year. Shares, the period beginning on the date (h) The term ‘‘Implementation Date’’ (72 FR 7909). AR 43. of publication of the final exemption in shall mean the later of January 1, 2010 In support of a request for the Federal Register and ending 60 or (ii) the ‘‘Final Effective Date,’’ as administrative reconsideration (dated calendar days thereafter; (ii) with defined in the Modified Settlement February 18, 2007), a worker stated that respect to each payment pursuant to the Agreement. the workers’ separations are ‘‘a direct Note, the period beginning on the date (i) The term ‘‘New Chrysler’’ shall result of the textile industry going to of the payment and ending 90 calendar mean a Delaware Limited Liability developing countries.’’ AR 38. Company formed by Fiat North America days thereafter; and (iii) with respect to In a letter dated March 15, 2007, the LLC, a subsidiary of Fiat S.p.A., a the UAW-Related Account of the Department stated that the request for manufacturer of automobiles and Existing Internal VEBA, the period reconsideration was being dismissed automotive parts in Turin, Italy. New beginning on the date of publication of because insufficient evidence was Chrysler is the company that acquired the final exemption in the Federal furnished to warrant reconsideration certain assets and liabilities from Register (or, if later, the date of the pursuant to 29 CFR 90.18(c) and that the Chrysler LLC pursuant to the Section transfer of the UAW-Related Account to shift in production that was the basis for 363 Sale. the New Chrysler VEBA Plan) and the certification of TA–W–55,055 (j) The term ‘‘Note’’ shall mean a note ending 180 calendar days thereafter. occurred outside the relevant period. issued by New Chrysler with a principal Signed at Washington, DC, this 29th day of AR 45. The Dismissal of Application for amount of $4,587 billion and an implicit September 2009. Reconsideration was issued on March interest rate of nine (9%) payable in Ivan Strasfeld, 21, 2007. AR 47. The Department’s fixed annual installments pursuant to Director of Exemption Determinations, Notice of dismissal was published in the the Indenture Agreement. Payments, Employee Benefits Security Administration, Federal Register on March 30, 2007 (72 consisting of accrued and unpaid U.S. Department of Labor. FR 15169). AR 48. interest and amortized principal shall be [FR Doc. E9–23849 Filed 10–2–09; 8:45 am] On May 11, 2007, Plaintiffs sought due on July 15 of each year, BILLING CODE 4510–29–P review by the USCIT. The Plaintiffs

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assert that the worker separations are Preference Act, African Growth and alternative trade adjustment assistance under due to Invista’s shift in production to Opportunity Act, or the Caribbean Basin Section 246 of the Trade Act of 1974. Economic Recovery Act; or Mexico. Signed at Washington, DC, this 8th day of 3. There has been or is likely to be an On March 27, 2008, the USCIT September 2009. granted the Department’s motion for increase in imports of articles that are like or directly competitive with articles which are Elliott S. Kushner, voluntary remand and directed the or were produced by such firm or Certifying Officer, Division of Trade Department to conduct further subdivision. Adjustment Assistance. investigation to determine whether During the second remand [FR Doc. E9–23902 Filed 10–2–09; 8:45 am] workers of Invista are eligible to apply BILLING CODE 4510–FN–P for TAA and ATAA. investigation, the Department obtained On June 2, 2008, the Department additional information regarding issued a Notice of Negative Invista’s shift in production of nylon NATIONAL SCIENCE FOUNDATION Determination on Remand based on the fiber to Mexico, Invista’s business decisions related to the post-shift finding that there was no causal nexus Notice of permit applications received reorganization, and the subsequent between the worker separations and an Under the Antarctic Conservation Act worker separations at Invista. SAR 67– earlier shift in production to Mexico of of 1978 (Pub. L. 95–541) articles like or directly competitive with 71. nylon fiber produced at Invista. SAR 35. Following a careful review of the AGENCY: National Science Foundation. The Department’s Notice of information obtained during its ACTION: Notice of permit applications determination was published in the investigations, the Department received under the Antarctic Federal Register on June 10, 2008 (73 determined that a significant portion or Conservation Act of 1978, Public Law FR 32739). SAR 42. number of workers at Invista was 95–541. On June 18, 2009, the USCIT ordered separated and that there was a shift in the Department to conduct further production to Mexico of articles like or SUMMARY: The National Science investigation to determine whether directly competitive with nylon fiber Foundation (NSF) is required to publish workers of Invista are eligible to apply produced at Invista. Therefore, the notice of permit applications received to for TAA and ATAA. Department determines that the group conduct activities regulated under the The group eligibility requirements for eligibility requirements under Section Antarctic Conservation Act of 1978. directly-impacted (primary) workers 222(a)(2)(B) the Trade Act of 1974, as NSF has published regulations under under Section 222(a) of the Trade Act of amended, have been met. the Antarctic Conservation Act at Title 1974, as amended, can be satisfied in In accordance with Section 246 the 45 Part 670 of the Code of Federal either of two ways: Trade Act of 1974 (26 U.S.C. 2813), as Regulations. This is the required notice I. Section (a)(2)(A)—all of the amended, the Department herein of permit applications received. following must be satisfied: presents the results of its investigation DATES: Interested parties are invited to A. A significant number or proportion of regarding certification of eligibility to submit written data, comments, or the workers in such workers’ firm, or an apply for ATAA. views with respect to this permit appropriate subdivision of the firm, have The Department has determined in application by November 4, 2009. This become totally or partially separated, or are this case that the group eligibility application may be inspected by threatened to become totally or partially requirements of Section 246 have been interested parties at the Permit Office, separated; met. address below. B. The sales or production, or both, of such firm or subdivision have decreased A significant number of workers at the ADDRESSES: Comments should be absolutely; and firm are age 50 or over and possess addressed to Permit Office, Room 755, C. Increased imports of articles like or skills that are not easily transferable. Office of Polar Programs, National directly competitive with articles produced Competitive conditions within the Science Foundation, 4201 Wilson by such firm or subdivision have contributed industry are adverse. Boulevard, Arlington, Virginia 22230. importantly to such workers’ separation or FOR FURTHER INFORMATION CONTACT: threat of separation and to the decline in Conclusion sales or production of such firm or Nadene G. Kennedy at the above After careful review of the facts address or (703) 292–7405. subdivision; or generated through the first and second SUPPLEMENTARY INFORMATION: The II. Section (a)(2)(B)—both of the remand investigations, I determine that National Science Foundation, as following must be satisfied: a shift in production by Invista to directed by the Antarctic Conservation Mexico of articles like or directly A. A significant number or proportion of Act of 1978 (Pub. L. 95–541), as competitive to nylon fiber produced at the workers in such workers’ firm, or an amended by the Antarctic Science, Invista contributed to the total or partial appropriate subdivision of the firm, have Tourism and Conservation Act of 1996, become totally or partially separated, or are separation of a significant number or has developed regulations for the threatened to become totally or partially proportion of workers at Invista. establishment of a permit system for separated; In accordance with the provisions of various activities in Antarctica and B. There has been a shift in production by the Act, I make the following such workers’ firm or subdivision to a foreign designation of certain animals and certification: country of articles like or directly certain geographic areas as requiring competitive with articles which are produced All workers of Invista, S.A.R.L, Nylon special protection. The regulations by such firm or subdivision; and Apparel Filament Fibers Group, A Subsidiary establish such a permit system to C. One of the following must be satisfied: of Koch Industries, Inc., Chattanooga, designate Antarctic Specially Protected 1. The country to which the workers’ firm Tennessee, who became totally or partially Areas. has shifted production of the articles is a separated from employment on or after party to a free trade agreement with the August 21, 2006, through two years from the The applications received are as United States; issuance of this revised determination are follows: 2. The country to which the workers’ firm eligible to apply for Trade Adjustment 1. Applicant: Permit Application No. has shifted production of the articles is a Assistance under Section 223 of the Trade 2010–017, Juan M. Lopez-Bautista, beneficiary country under the Andean Trade Act of 1974, and are eligible to apply for Department of Biological Sciences, The

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University of Alabama, 425 Scientific Units; and (e) certain registered Applicants request that the order apply Collections Bldg., Tuscaloosa, AL management investment companies and to any future series of the Trust or of 35487–0345. unit investment trusts outside of the other open-end management companies, same group of investment companies as advised by the Adviser or an entity Activity for Which Permit Is Requested the series to acquire Shares. controlling, controlled by or under Take. The applicant plans to collect 3 APPLICANTS: Schwab Strategic Trust common control with the Adviser, that samples of Prasiola crispa, a terrestrial (‘‘Trust’’) and Charles Schwab comply with the terms and conditions alga widespread in Antarctica. The Investment Management, Inc. of this application whose performance samples are required for studies of (‘‘Adviser’’). will closely correspond to the price and molecular systematics of the order FILING DATES: The application was filed yield performance of securities indices Prasiolales. Part will be used for DNA on January 30, 2009, and amended on (collectively with the Initial Funds, the extraction and the rest of the samples 2 June 30, 2009, and September 25, 2009. ‘‘Funds’’). will be deposited as voucher specimens 2. The Adviser or an entity in the herbarium of the University of HEARING OR NOTIFICATION OF HEARING: An controlling, controlled by or under Alabama. The DNA sample will be used order granting the application will be common control with the Adviser will for PCR and DNA sequencing. issued unless the Commission orders a serve as the investment adviser to the Location: Palmer Station area, Anvers hearing. Interested persons may request Funds. The Adviser is registered as an Island. a hearing by writing to the investment adviser under the Dates: December 1, 2009 to July 31, Commission’s Secretary and serving Investment Advisers Act of 1940, as 2010. applicants with a copy of the request, amended (the ‘‘Advisers Act’’). In the personally or by mail. Hearing requests Nadene G. Kennedy, future, the Adviser may enter into sub- should be received by the Commission advisory agreements with one or more Permit Officer, Office of Polar Programs. by 5:30 p.m. on October 22, 2009, and additional investment advisers to act as [FR Doc. E9–23839 Filed 10–2–09; 8:45 am] should be accompanied by proof of subadvisers to Funds (‘‘Subadvisers’’). BILLING CODE 7555–01–P service on applicants, in the form of an Any Subadviser will be registered under affidavit, or for lawyers, a certificate of the Advisers Act. A broker-dealer service. Hearing requests should state registered under the Securities SECURITIES AND EXCHANGE the nature of the writer’s interest, the Exchange Act of 1934 (the ‘‘Exchange COMMISSION reason for the request, and the issues Act’’) will act as distributor and the contested. Persons who wish to be [Investment Company Act Release No. principal underwriter of the Funds (a 28933; File No. 812–13628] notified of a hearing may request ‘‘Distributor’’). The Distributor will not notification by writing to the be affiliated with the Adviser or a Charles Schwab Investment Commission’s Secretary. national securities exchange as defined Management, Inc., et al.; Notice of ADDRESSES: Secretary, Securities and in section 2(a)(26) of the Act Application Exchange Commission, 100 F Street, (‘‘Exchange’’). NE., Washington, DC 20549–1090; 3. Each Fund will consist of a September 28, 2009. Applicants, c/o Charles Schwab portfolio of securities and other AGENCY: Securities and Exchange Investment Management, Inc., 101 instruments (‘‘Portfolio Securities’’) Commission (‘‘Commission’’). Montgomery Street, SF120 KNY–14– selected to correspond to the price and ACTION: Notice of an application for an 101, San Francisco, CA 94104. yield performance of a specified order under section 6(c) of the FOR FURTHER INFORMATION CONTACT: securities index (each securities index is Investment Company Act of 1940 (the Emerson S. Davis, Sr., Senior Counsel at an ‘‘Underlying Index’’).3 Certain of the ‘‘Act’’) for an exemption from sections (202) 551–6868, or Julia Kim Gilmer, Funds may invest in equity securities or 2(a)(32), 5(a)(1), 22(d), and 22(e) of the Branch Chief, at (202) 551–6821 fixed income securities traded in foreign Act and rule 22c–1 under the Act, under (Division of Investment Management, markets and seek investment results that sections 6(c) and 17(b) of the Act for an Office of Investment Company closely correspond to the price and exemption from sections 17(a)(1) and Regulation). yield performance of Underlying Indices 17(a)(2) of the Act, and under section whose component securities include 12(d)(1)(J) of the Act for an exemption SUPPLEMENTARY INFORMATION: The following is a summary of the from sections 12(d)(1)(A) and Cap ETF TM (collectively, the ‘‘Domestic Initial 12(d)(1)(B) of the Act. application. The complete application Funds’’), Schwab International Equity ETF TM, may be obtained via the Commission’s Schwab International Small-Cap Equity ETF TM and SUMMARY OF APPLICATION: Applicants Web site by searching for the file Schwab Emerging Markets Equity ETF TM. request an order that would permit (a) number, or an applicant using the 2 All entities that intend to rely on the order are Company name box, at http:// named as applicants. Any other entity that relies on certain open-end management the order in the future will comply with the terms investment companies and their series www.sec.gov/search/search.htm or by and conditions of the application. An Investing to issue shares (‘‘Shares’’) that can be calling (202) 551–8090. Fund (as defined below) may rely on the order only redeemed only in large aggregations to invest in the Funds and not in any other Applicants’ Representations registered investment company. (‘‘Creation Units’’); (b) secondary market 1. The Trust is registered as an open- 3 Applicants represent that each Fund will invest transactions in Shares to occur at at least 80% of its total assets in the component negotiated prices; (c) certain series to end management investment company securities that comprise its Underlying Index pay redemption proceeds, under certain that will offer multiple series and is (‘‘Component Securities’’) and depositary receipts organized as a Delaware statutory trust. representing such securities. ‘‘Depositary Receipts’’ circumstances, more than seven days will typically be American Depositary Receipts, but after the tender of Shares for The Trust will initially offer Shares of 1 may also include Global Depositary Receipts and redemption; (d) certain affiliated eight series (the ‘‘Initial Funds’’). European Depositary Receipts. Each Fund also may persons of the series to deposit invest up to 20% of its assets in futures, options and 1 The Initial Funds are the: Schwab U.S. Broad swap contracts, cash and cash equivalents, as well securities into, and receive securities Market ETF TM, Schwab U.S. Large-Cap ETF TM, as in stocks not included in its Underlying Index, from, the series in connection with the Schwab U.S. Large-Cap Growth ETF TM, Schwab but which the Adviser or Subadviser believes will purchase and redemption of Creation U.S. Large-Cap Value ETF TM, Schwab U.S. Small- help the Fund track its Underlying Index.

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such securities (‘‘International Funds’’). 5. The initial price of Shares is Fee’’) to prevent the dilution of the No entity that creates, compiles, expected to range between $25 and interests of the remaining shareholders sponsors or maintains an Underlying $100, and the initial price of Creation resulting from costs in connection with Index (‘‘Index Provider’’) is or will be an Units is expected to range from the purchase or redemption of Creation affiliated person, as defined in section $625,000 to $10,000,000. Creation Units Units.10 The Transaction Fees relevant 2(a)(3) of the Act, or an affiliated person will be aggregations of least 25,000 to each Fund and the method of of an affiliated person, of the Trust or Shares. Orders to purchase Creation calculating these Transaction Fees, a Fund, a promoter, the Adviser, a Units must be placed with the which will be the same for purchase and Subadviser, or a Distributor.4 Distributor, by or through a party that redemption transactions, will be fully 4. The investment objective of each has entered into an agreement with the disclosed in the Prospectus of such Fund will be to provide investment Distributor (‘‘Authorized Participant’’). Fund or statement of additional returns that closely correspond to the The Distributor will be responsible for information (‘‘SAI’’). The Distributor price and yield performance of its transmitting the orders to the Funds. An will be responsible for delivering the Underlying Index.5 The value of an Authorized Participant must be either: Fund’s Prospectus to those persons Underlying Index will be updated at (a) A broker-dealer or other participant purchasing Creation Units and for regular intervals throughout the trading in the continuous net settlement system maintaining records of both the orders of the National Securities Clearing day. For Domestic Initial Funds, the placed with it and the confirmations of Corporation, a clearing agency Underlying Index value will be acceptance furnished by it. In addition, registered with the Commission, or (b) disseminated every 15 seconds, and for the Distributor will maintain a record of a participant in the Depository Trust International Funds the underlying the instructions given to the applicable index value will be disseminated every Company (‘‘DTC,’’ and such participant, ‘‘DTC Participant’’). Shares of each Fund to implement the delivery of its 60 seconds throughout the trading day. Shares. Each Fund’s prospectus (‘‘Prospectus’’) Fund generally will be sold in Creation will indicate whether the Fund will Units in exchange for an in-kind deposit 7. Purchasers of Shares in Creation follow a replication or representative by the purchaser of a portfolio of Units may hold such Shares or may sell sampling strategy.6 A Fund using a securities designated by the Adviser (the such Shares into the secondary market. replication strategy will invest in ‘‘Deposit Securities’’), together with the Shares will be listed and traded on an substantially all of the securities deposit or refund of a specified cash Exchange. It is expected that one or comprising its Underlying Index in the payment (‘‘Cash Component’’). The more member firms of an Exchange on same approximate proportions as in the Cash Component is an amount equal to which the Shares are listed will be Underlying Index. In certain the difference between, if any, (a) the designated to act as a specialist or a circumstances, such as when there are net asset value (‘‘NAV’’) (per Creation market maker and maintain a market for practical difficulties or substantial costs Unit) of a Fund and (b) the market value Shares trading on such Exchange. Prices involved in compiling an entire (per Creation Unit) of the Deposit of Shares trading on an Exchange will 8 Underlying Index or when a Component Securities. Each Fund may permit or be based on the current bid/ask market. Security of an Underlying Index is require, under certain circumstances, an Shares sold in the secondary market illiquid, a Fund may use a in-kind purchaser of Creation Units to will be subject to customary brokerage representative sampling strategy substitute cash in lieu of depositing commissions and charges. some or all of the Deposit Securities if pursuant to which it will invest in 8. Applicants expect that purchasers some, but not all of the Component the Adviser believes such method would substantially minimize the of Creation Units will include Securities of its Underlying Index.7 institutional investors and arbitrageurs. Applicants expect that each Fund will Fund’s transactional costs or would enhance the Fund’s operational A specialist or market maker, in have a tracking error relative to the 9 providing a fair and orderly secondary performance of its Underlying Index of efficiencies. 6. An investor purchasing or market for the Shares, also may no more than 5 percent. redeeming a Creation Unit from a Fund purchase Creation Units for use in its will be charged a fee (‘‘Transaction market-making activities. Applicants 4 The Index Providers to the Initial Funds are expect that secondary market Dow Jones & Company, the Financial Times 8 Limited and the London Exchange plc. Each Fund will sell and redeem Creation Units purchasers of Shares will include both on each day that a Fund is open, which includes 5 The Underlying Indices for the Initial Funds are institutional investors and retail any day that a Fund is required to be open under the: Dow Jones U.S. Broad Stock Market Index SM, investors.11 Applicants expect that the Section 22(e) of the Act (‘‘Business Day’’). Each Dow Jones U.S. Large-Cap Total Stock Market price at which Shares trade will be SM Business Day, prior to the opening of trading on the Index , Dow Jones U.S. Large-Cap Growth Total Exchange, the list of names and amount of each SM disciplined by arbitrage opportunities Stock Market Index , Dow Jones U.S. Large-Cap security constituting the current Deposit Securities SM created by the option to continually Value Total Stock Market Index , Dow Jones U.S. and the Cash Component will be made available. SM Small-Cap Total Stock Market Index , FTSE Any Exchange on which Shares are listed will purchase or redeem Creation Units at Developed ex-US Index, FTSE Developed Small disseminate, every 15 seconds during its regular their NAV, which should ensure that Cap ex-US Liquid Index and FTSE All-Emerging trading hours, through the facilities of the Shares will not trade at a material Index. Consolidated Tape Association an amount 6 All representations and conditions contained in representing, on a per Share basis, the sum of the the application that require a Fund to disclose current value of the Deposit Securities and the 10 Where a Fund permits an in-kind purchaser to particular information in the Fund’s Prospectus estimated Cash Component. substitute cash in lieu of depositing a portion of the and/or annual report shall be effective with respect 9 When a rebalancing of a Fund’s portfolio is Deposit Securities, the purchaser may be assessed to the Fund until the time that the Fund complies required, the Adviser might prefer to receive cash a higher Transaction Fee to cover the cost of with the disclosure requirements adopted by the rather than in-kind stocks so that the Fund may purchasing those securities including operational Commission in Investment Company Act Release avoid transaction costs involved in liquidating part processing and brokerage costs, and part or all of No. 28584 (Jan. 13, 2009). of its portfolio to achieve the rebalancing. the spread between the bid and the offer side of the 7 Using the sampling strategy, the Adviser or Additionally, in some circumstances or in certain market. Subadviser will select each security for inclusion in countries, it may not be practicable or convenient, 11 Shares will be registered in book-entry form the Fund’s portfolio to have aggregate investment or permissible under the laws of certain countries only. DTC or its nominee will be the registered characteristics, fundamental characteristics, and or the regulations of certain foreign stock exchanges owner of all outstanding Shares. DTC or DTC liquidity measures similar to those of the Fund’s for an International Fund to operate exclusively on Participants will maintain records reflecting Underlying Index, taken in its entirety. an in-kind basis. beneficial owners of Shares.

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discount or premium in relation to their 17(a)(1) and 17(a)(2) of the Act, and selling a redeemable security, which is NAV. under section 12(d)(1)(J) of the Act for currently being offered to the public by 9. Shares will not be individually an exemption from sections 12(d)(1)(A) or through a principal underwriter, redeemable, and owners of Shares may and (B) of the Act. except at a current public offering price acquire those Shares from the Fund, or 2. Section 6(c) of the Act provides that described in the prospectus. Rule 22c– tender such Shares for redemption to the Commission may exempt any 1 under the Act generally requires that the Fund, in Creation Units only. To person, security or transaction, or any a dealer selling, redeeming or redeem, an investor will have to class of persons, securities or repurchasing a redeemable security do accumulate enough Shares to constitute transactions, from any provision of the so only at a price based on its NAV. a Creation Unit. Redemption orders Act, if and to the extent that such Applicants state that secondary market must be placed by or through an exemption is necessary or appropriate trading in Shares will take place at Authorized Participant. An investor in the public interest and consistent negotiated prices, not at a current redeeming a Creation Unit generally with the protection of investors and the offering price described in a Fund’s will receive (a) a particular portfolio of purposes fairly intended by the policy Prospectus, and not at a price based on securities designated to be delivered for and provisions of the Act. Section 17(b) NAV. Thus, purchases and sales of Creation Unit redemptions (‘‘Fund of the Act authorizes the Commission to Shares in the secondary market will not Securities’’) on the Business Day that exempt a proposed transaction from comply with section 22(d) of the Act the request for redemption is section 17(a) of the Act if evidence and rule 22c–1 under the Act. submitted 12 and (b) a ‘‘Cash establishes that the terms of the Applicants request an exemption under Redemption Amount,’’ consisting of an transaction, including the consideration section 6(c) from these provisions. amount equal to the difference between to be paid or received, are reasonable 5. Applicants assert that the concerns the NAV of the Shares being redeemed and fair and do not involve sought to be addressed by section 22(d) and the market value of the Fund overreaching on the part of any person of the Act and rule 22c–1 under the Act Securities. An investor may receive the concerned, and the proposed with respect to pricing are equally cash equivalent of a Fund Security in transaction is consistent with the satisfied by the proposed method of certain circumstances, such as if the policies of the registered investment pricing Shares. Applicants maintain that investor is constrained from effecting company and the general provisions of while there is little legislative history transactions in the security by the Act. Section 12(d)(1)(J) of the Act regarding section 22(d), its provisions, regulation or policy. provides that the Commission may as well as those of rule 22c–1, appear to 10. Neither the Trust nor any Fund exempt any person, security, or have been designed to (a) prevent will be marketed or otherwise held out transaction, or any class or classes of dilution caused by certain riskless- as a traditional open-end investment persons, securities or transactions, from trading schemes by principal company or a mutual fund. Instead, any provisions of section 12(d)(1) if the underwriters and contract dealers, (b) each Fund will be marketed as an exemption is consistent with the public prevent unjust discrimination or ‘‘exchange-traded fund.’’ All marketing interest and the protection of investors. preferential treatment among buyers, and (c) assure an orderly distribution of materials that describe the features or Sections 5(a)(1) and 2(a)(32) of the Act method of obtaining, buying or selling investment company shares by Creation Units or refer to redeemability, 3. Section 5(a)(1) of the Act defines an eliminating price competition from will prominently disclose that Shares ‘‘open-end company’’ as a management dealers offering shares at less than the are not individually redeemable and investment company that is offering for published sales price and repurchasing that the owners of Shares may purchase sale or has outstanding any redeemable shares at more than the published or redeem Shares from the Fund in security of which it is the issuer. redemption price. Creation Units only. The same approach Section 2(a)(32) of the Act defines a 6. Applicants believe that none of will be followed in the Prospectus, SAI, redeemable security as any security, these purposes will be thwarted by shareholder reports and any marketing other than short-term paper, under the permitting Shares to trade in the or advertising materials. The Funds will terms of which the owner, upon its secondary market at negotiated prices. provide copies of their annual and semi- presentation to the issuer, is entitled to Applicants state that (a) secondary annual shareholder reports to DTC receive approximately his proportionate market trading in Shares does not Participants for distribution to share of the issuer’s current net assets, involve a Fund as a party and will not shareholders. or the cash equivalent. Because Shares result in dilution of an investment in will not be individually redeemable, Shares, and (b) to the extent different Applicants’ Legal Analysis applicants request an order that would prices exist during a given trading day, 1. Applicants request an order under permit the Trust or a Fund to register as or from day to day, such variances occur section 6(c) of the Act for an exemption an open-end management investment as a result of third-party market forces, from sections 2(a)(32), 5(a)(1), 22(d), and company and issue Shares that are such as supply and demand. Therefore, 22(e) of the Act and rule 22c–1 under redeemable in Creation Units only. applicants assert that secondary market the Act, under sections 6(c) and 17(b) of Applicants state that investors may transactions in Shares will not lead to the Act for an exemption from sections purchase Shares in Creation Units and discrimination or preferential treatment redeem Creation Units from each Fund. among purchasers. Finally, applicants 12 As a general matter, the Deposit Securities and Applicants state that because Creation contend that the proposed distribution Fund Securities will correspond pro rata to a Units may always be purchased and system will be orderly because arbitrage Fund’s portfolio, but Fund Securities received on redemption may not always be identical to Deposit redeemed at NAV, the market price of activity should ensure that the Securities deposited in connection with the the Shares should not vary substantially difference between the market price of purchase of Creation Units for the same day. A from their NAV. Shares and their NAV remains narrow. Fund will comply with the federal securities laws in accepting Deposit Securities and satisfying Section 22(d) of the Act and Section 22(e) redemptions with Fund Securities, including that Rule 22c–1 Under the Act the Deposit Securities and Fund Securities are sold 7. Section 22(e) of the Act generally in transactions that would be exempt from 4. Section 22(d) of the Act, among prohibits a registered investment registration under the Securities Act. other things, prohibits a dealer from company from suspending the right of

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redemption or postponing the date of companies, more than 10% of the total consistent with the public interest and payment of redemption proceeds for assets of the acquiring company. Section the protection of investors. more than seven days after the tender of 12(d)(1)(B) of the Act prohibits a 13. Applicants believe that neither the a security for redemption. Applicants registered open-end investment Investing Funds nor an Investing Fund state that settlement of redemptions of company, its principal underwriter and Affiliate would be able to exert undue Creation Units of the International any other broker-dealer from selling the influence over the Funds.14 To limit the Funds is contingent not only on the investment company’s shares to another control that an Investing Fund may have settlement cycle of the United States investment company if the sale will over a Fund, applicants propose a securities markets, but also on the cause the acquiring company to own condition prohibiting an Investing Fund delivery cycles present in foreign more than 3% of the acquired Adviser or a Sponsor, any person markets for underlying foreign Portfolio company’s voting stock, or if the sale controlling, controlled by, or under Securities held by the International will cause more than 10% of the common control with an Investing Fund Funds. Applicants state that in certain acquired company’s voting stock to be Adviser or Sponsor, and any investment circumstances delivery cycles for owned by investment companies company and any issuer that would be transferring Fund Securities to generally. an investment company but for sections redeeming investors, coupled with local 10. Applicants request an exemption 3(c)(1) or 3(c)(7) of the Act that is market holiday schedules, will require a to permit management investment advised or sponsored by an Investing delivery process of up to twelve companies and unit investment trusts Fund Adviser or Sponsor, or any person calendar days for certain International registered under the Act that are not controlling, controlled by, or under Funds. Applicants request relief under sponsored or advised by the Adviser or common control with an Investing Fund section 6(c) of the Act from section 22(e) any entity controlling, controlled by, or Adviser or Sponsor (‘‘Investing Fund’s to allow the International Funds to pay under common control with the Adviser Advisory Group’’) from controlling redemption proceeds up to twelve and are not part of the same ‘‘group of (individually or in the aggregate) a Fund calendar days after a redemption request investment companies,’’ as defined in within the meaning of section 2(a)(9) of is received and in proper form. Except section 12(d)(1)(G)(ii) of the Act, as the the Act. The same prohibition would as disclosed in the relevant Funds and that have entered into a apply to any Investing Fund Subadviser, International Fund’s Prospectus and/or participation agreement with a Fund any person controlling, controlled by, or SAI, applicants expect that each (such agreement, a ‘‘FOF Participation under common control with the International Fund will be able to Agreement,’’ such management Investing Fund Subadviser, and any deliver redemption proceeds within investment companies, the ‘‘Investing investment company or issuer that 13 seven days. Management Companies,’’ such unit would be an investment company but 8. Applicants state that section 22(e) investment trusts, the ‘‘Investing for sections 3(c)(1) or 3(c)(7) of the Act was designed to prevent unreasonable, Trusts,’’ and the Investing Trusts, (or portion of such investment company undisclosed and unforeseen delays in together with the Investing Management or issuer) advised or sponsored by the the payment of redemption proceeds. Companies, the ‘‘Investing Funds’’) to Investing Fund Subadviser or any Applicants assert that the requested acquire shares of a Fund beyond the person controlling, controlled by, or relief will not lead to the problems that limits of section 12(d)(1)(A). Investing under common control with the section 22(e) was designed to prevent. Funds do not include the Funds. In Investing Fund Subadviser (‘‘Investing Applicants state that the SAI will addition, applicants seek relief to permit Fund’s Subadvisory Group’’). disclose those local holidays in a given the Funds, the Distributor and any other Applicants propose other conditions to year that are expected to prevent the broker or dealer that is registered under limit the potential for undue influence delivery of redemption proceeds in the Exchange Act to sell Shares to an over the Funds, including that no seven calendar days, and the maximum Investing Fund in excess of the limits of Investing Fund or Investing Fund number of days, up to twelve calendar section 12(d)(1)(B). Affiliate (except to the extent it is acting days, needed to deliver the proceeds for 11. Each Investing Management in its capacity as an investment adviser the relevant International Fund. Company will be advised by an to a Fund) will cause a Fund to Applicants are not seeking relief from investment adviser within the meaning purchase a security in any offering of section 22(e) with respect to of section 2(a)(20)(A) of the Act (the securities during the existence of any International Funds that do not effect ‘‘Investing Fund Adviser’’) and may be underwriting or selling syndicate of redemptions of Creation Units in-kind. subadvised by one or more investment which a principal underwriter is an Section 12(d)(1) advisers within the meaning of section Underwriting Affiliate (‘‘Affiliated Underwriting’’). An ‘‘Underwriting 9. Section 12(d)(1)(A) of the Act, in 2(a)(20)(B) of the Act (each an ‘‘Investing Fund Subadviser’’). Each Affiliate’’ is a principal underwriter in relevant part, prohibits a registered any underwriting or selling syndicate investment company from acquiring Investing Fund Adviser and any Investing Fund Subadviser will be that is an officer, director, member of an securities of an investment company if advisory board, Investing Fund Adviser, such securities represent more than 3% registered under the Advisers Act. Each Investing Trust will be sponsored by a Investing Fund Subadviser, employee or of the total outstanding voting stock of Sponsor of the Investing Fund, or a the acquired company, more than 5% of sponsor (‘‘Sponsor’’). 12. Applicants submit that the person of which any such officer, the total assets of the acquiring director, member of an advisory board, company, or, together with the proposed conditions to the requested relief adequately address the concerns securities of any other investment 14 An ‘‘Investing Fund Affiliate’’ is an Investing underlying the limits in sections Fund Adviser, Investing Fund Subadviser, Sponsor, 13 Rule 15c6–1 under the Exchange Act requires 12(d)(1)(A) and (B), which include promoter, and principal underwriter of an Investing that most securities transactions be settled within concerns about undue influence by a Fund, and any person controlling, controlled by, or three business days of the trade. Applicants fund of funds over underlying funds, under common control with any of these entities. acknowledge that no relief obtained from the A ‘‘Fund Affiliate’’ is an investment adviser, requirements of Section 22(e) will affect any excessive layering of fees and overly promoter, or principal underwriter of a Fund and obligations applicants may have under Rule complex fund structures. Applicants any person controlling, controlled by or under 15c6–1. believe that the requested exemption is common control with any of these entities.

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Investing Fund Adviser, Investing Fund Participation Agreement also will purchasing or redeeming Creation Units Subadviser, employee, or Sponsor is an include an acknowledgement from the through ‘‘in-kind’’ transactions. The affiliated person (except that any person Investing Fund that it may rely on the composition of the basket of securities whose relationship to the Fund is requested order only to invest in the and cash for both in-kind purchases and covered by section 10(f) of the Act is not Funds and not in any other investment in-kind redemptions of Creation Units an Underwriting Affiliate). company. will be the same for all purchasers and 14. Applicants assert that several 16. Applicants also note that a Fund redeemers. Deposit Securities and Fund proposed conditions address any may choose to reject a direct purchase Securities will be valued in the same of in Creation Units by an Investing concerns regarding excessive layering of manner as Portfolio Securities. Fund. To the extent that an Investing fees. The board of directors or trustees Therefore, applicants state that in-kind of any Investing Management Company, Fund purchases Shares in the secondary purchases and redemptions will afford including a majority of the directors or market, a Fund would still retain its no opportunity for the specified trustees who are not ‘‘interested ability to reject initial purchases of persons’’ within the meaning of section Shares made in reliance on the affiliated persons, or Second-Tier 2(a)(19) of the Act (‘‘independent requested order by declining to enter Affiliates, of a Fund to effect a directors or trustees’’), will be required into the FOF Participation Agreement transaction detrimental to other holders to find that the advisory fees charged to prior to any investment by an Investing of Shares. Applicants also believe that the Investing Management Company are Fund in excess of the limits of section in-kind purchases and redemptions will based on services provided that will be 12(d)(1)(A). not result in self-dealing or overreaching of the Fund. in addition to, rather than duplicative Sections 17(a)(1) and (2) of the Act of, services provided under the advisory 20. Applicants also seek relief from 17. Section 17(a) of the Act generally contract(s) of any Fund in which the section 17(a) to permit a Fund that is an prohibits an affiliated person of a Investing Management Company may affiliated person of an Investing Fund to invest. In addition, except as provided registered investment company, or an affiliated person of such a person sell its Shares to and redeem its Shares in condition B.5, an Investing Fund from an Investing Fund, and to engage Adviser or a trustee of an Investing (‘‘Second-Tier Affiliate’’), from selling any security to or purchasing any in the accompanying in-kind Fund (‘‘Trustee’’) or Sponsor of an transactions with the Investing Fund.16 Investing Trust will, as applicable, security from the company. Section 2(a)(3) of the Act defines ‘‘affiliated Applicants state that the terms of the waive fees otherwise payable to it by the transactions are fair and reasonable and Investing Fund in an amount at least person’’ to include (a) any person directly or indirectly owning, do not involve overreaching. Applicants equal to any compensation (including controlling or holding with power to note that any consideration paid by an fees received pursuant to any plan vote 5% or more of the outstanding adopted by a Fund under rule 12b–1 Investing Fund for the purchase or voting securities of the other person, (b) under the Act) received by the Investing redemption of Shares directly from a any person 5% or more of whose Fund Adviser or Trustee or Sponsor or Fund will be based on the NAV of the outstanding voting securities are 17 an affiliated person of the Investing Shares. Applicants believe that any directly or indirectly owned, controlled Fund Adviser, Trustee or Sponsor, from proposed transactions directly between or held with the power to vote by the the Fund in connection with the the Funds and Investing Funds will be other person, and (c) any person directly investment by the Investing Fund in the consistent with the policies of each or indirectly controlling, controlled by Fund. Applicants state that any sales Investing Fund. The proposed or under common control with the other transactions will comply with the loads or service fees charged with person. Section 2(a)(9) of the Act investment restrictions of the Investing respect to shares of an Investing Fund provides that a control relationship will Fund and be consistent with its will not exceed the limits applicable to be presumed where one person owns a fund of funds set forth in Conduct more than 25% of another person’s investment policies as set forth in its Rule 2830 of the National Association of registration statement. The FOF 15 voting securities. Securities Dealers (‘‘NASD’’). 18. Applicants request an exemption Participation Agreement will require 15. Applicants submit that the from section 17(a) of the Act pursuant any Investing Fund that relies on the proposed arrangement will not create an to sections 17(b) and 6(c) of the Act in relief to purchase Shares directly from overly complex fund structure. order to permit in-kind purchases and a Fund to represent that its purchases Applicants note that no Fund will redemptions of Creation Units from the are permitted under its investment acquire securities of any investment Funds by persons that are affiliated restrictions and consistent with the company or company relying on persons of the Fund or Second-Tier investment policies described in its sections 3(c)(1) or 3(c)(7) of the Act in Affiliates solely by virtue of one or more registration statement. excess of the limits contained in section of the following: (a) Holding 5% or 12(d)(1)(A) of the Act. To ensure that more, or in excess of 25%, of the 16 Applicants acknowledge that the receipt of Investing Funds comply with the terms outstanding Shares of the Trust or one compensation by (a) an affiliated person of an and conditions of the requested relief or more Funds; (b) having an affiliation Investing Fund, or an affiliated person of such person, for the purchase by the Investing Fund of from section 12(d)(1), any Investing with a person with an ownership Fund that intends to invest in a Fund in Shares of a Fund or (b) an affiliated person of a interest described in (a); or (c) holding Fund, or an affiliated person of such person, for the reliance on the requested order will 5% or more, or more than 25%, of the sale by the Fund of its Shares to an Investing Fund, enter into a FOF Participation shares of one or more other registered may be prohibited by Section 17(e)(1) of the Act. The FOF Participation Agreement also will include Agreement requiring the Investing Fund investment companies (or series thereof) to adhere to the terms and conditions of this acknowledgment. advised by the Adviser or an entity 17 the requested order. The FOF Applicants believe that an Investing Fund controlling, controlled by or under generally will purchase Shares in the secondary common control with Adviser. market and will not purchase or redeem Creation 15 Any references to NASD Conduct Rule 2830 Units directly from a Fund. However, the requested include any successor or replacement Rule to NASD 19. Applicants assert that no useful relief would apply to direct sales of Creation Units Conduct Rule 2830 that may be adopted by the purpose would be served by prohibiting by a Fund to an Investing Fund and in-kind Financial Industry Regulatory Authority. these types of affiliated persons from redemptions of those Shares.

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Applicants’ Conditions most recently completed year (and the Fund Affiliate from a Fund or a Fund Applicants agree that any order most recently completed quarter or Affiliate in connection with any services granting the requested relief will be quarters, as applicable) and (ii) in the or transactions. 4. Once an investment by an Investing subject to the following conditions: 18 case of the annual report, for the immediately preceding five years (or for Fund in Fund Shares exceeds the limit A. Exchange-Traded Fund Relief the life of the Fund, if shorter), and (b) in section l2(d)(1)(A)(i) of the Act, the 1. Each Prospectus will clearly calculated on a per Share basis for one, Board of a Fund, including a majority of disclose that, for purposes of the Act, five and ten year periods (or life of the the independent Board members, will determine that any consideration paid Shares are issued by a registered Fund), (i) the cumulative total return by the Fund to the Investing Fund or an investment company and that the and the average annual total return Investing Fund Affiliate in connection acquisition of Shares by investment based on NAV and Bid/Ask Price, and with any services or transactions: (i) Is companies and companies relying on (ii) the cumulative total return of the fair and reasonable in relation to the sections 3(c)(1) or 3(c)(7) of the Act is relevant Underlying Index. 6. The requested relief to permit ETF nature and quality of the services and subject to the restrictions of section operations will expire on the effective benefits received by the Fund; (ii) is 12(d)(1) of the Act, except as permitted date of any Commission rule under the within the range of consideration that by an exemptive order that permits Act that provides relief permitting the the Fund would be required to pay to registered investment companies to operation of index-based exchange- another unaffiliated entity in connection invest in a Fund beyond the limits in traded funds. with the same services or transactions; section 12(d)(1), subject to certain terms and (iii) does not involve overreaching B. Section 12(d)(1) Relief and conditions, including that the on the part of any person concerned. registered investment company enter 1. The members of the Investing This condition does not apply with into a FOF Participation Agreement Fund’s Advisory Group will not control respect to any services or transactions with the Fund regarding the terms of the (individually or in the aggregate) a Fund between a Fund and its investment investment. within the meaning of section 2(a)(9) of adviser(s), or any person controlling, 2. As long as the Funds operate in the Act. The members of the Investing controlled by or under common control reliance on the requested order, the Fund’s Subadvisory Group will not with such investment adviser(s). Shares of the Funds will be listed on an control (individually or in the aggregate) 5. The Investing Fund Adviser, or Exchange. a Fund within the meaning of section Trustee or Sponsor, as applicable, will 3. Neither the Trust nor any Fund will 2(a)(9) of the Act. If, as a result of a waive fees otherwise payable to it by the be advertised or marketed as an open- decrease in the outstanding Shares of a Investing Fund in an amount at least end investment company or a mutual Fund, the Investing Fund’s Advisory equal to any compensation (including fund. Each Prospectus will prominently Group or the Investing Fund’s fees received pursuant to any plan disclose that the Shares are not Subadvisory Group, each in the adopted by a Fund under rule 12b–l individually redeemable shares and will aggregate, becomes a holder of more under the Act) received from a Fund by disclose that the owners of the Shares than 25 percent of the outstanding the Investing Fund Adviser, or Trustee may acquire those Shares from the Fund Shares of a Fund, it will vote its Shares or Sponsor, or an affiliated person of the and tender those Shares for redemption of the Fund in the same proportion as Investing Fund Adviser, or Trustee or to the Fund in Creation Units only. Any the vote of all other holders of the Sponsor, other than any advisory fees advertising material that describes the Fund’s Shares. This condition does not paid to the Investing Fund Adviser, or purchase or sale of Creation Units or apply to the Investing Fund’s Trustee or Sponsor, or its affiliated refers to redeemability will prominently Subadvisory Group with respect to a person by the Fund, in connection with disclose that the Shares are not Fund for which the Investing Fund the investment by the Investing Fund in individually redeemable and that Subadviser or a person controlling, the Fund. Any Investing Fund owners of the Shares may acquire those controlled by or under common control Subadviser will waive fees otherwise Shares from the Fund and tender those with the Investing Fund Subadviser acts payable to the Investing Fund Shares for redemption to the Fund in as the investment adviser within the Subadviser, directly or indirectly, by the Creation Units only. meaning of section 2(a)(20)(A) of the Investing Management Company in an 4. The Web site for the Funds, which Act. amount at least equal to any is and will be publicly accessible at no 2. No Investing Fund or Investing compensation received from a Fund by charge, will contain the following Fund Affiliate will cause any existing or the Investing Fund Subadviser, or an information, on a per Share basis, for potential investment by the Investing affiliated person of the Investing Fund each Fund: (a) the prior Business Day’s Fund in a Fund to influence the terms Subadviser, other than any advisory fees NAV and the Bid/Ask Price, and a of any services or transactions between paid to the Investing Fund Subadviser calculation of the premium or discount the Investing Fund or an Investing Fund or its affiliated person by the Fund, in of the Bid/Ask Price against such NAV; Affiliate and the Fund or a Fund connection with the investment by the and (b) data in chart format displaying Affiliate. Investing Management Company in the the frequency distribution of discounts 3. The board of directors or trustees of Fund made at the direction of the and premiums of the daily Bid/Ask an Investing Management Company, Investing Fund Subadviser. In the event Price against the NAV, within including a majority of the independent that the Investing Fund Subadviser appropriate ranges, for each of the four directors or trustees, will adopt waives fees, the benefit of the waiver previous calendar quarters (or for the procedures reasonably designed to will be passed through to the Investing life of the Fund, if shorter). assure that the Investing Fund Adviser Management Company. 5. The Prospectus and annual report and any Investing Fund Subadviser are 6. No Investing Fund or Investing for each Fund will also include: (a) the conducting the investment program of Fund Affiliate (except to the extent it is information listed in condition A.4(b), the Investing Management Company acting in its capacity as an investment (i) in the case of the Prospectus, for the without taking into account any adviser to a Fund) will cause a Fund to consideration received by the Investing purchase a security in an Affiliated 18 See note 6, supra. Management Company or an Investing Underwriting.

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7. The Board of the Fund, including respective boards of directors or trustees Sunshine Act, Public Law 94–409, that a majority of the independent Board and their investment advisers, or the Securities and Exchange members, will adopt procedures Trustee and Sponsor, as applicable, Commission will hold a Closed Meeting reasonably designed to monitor any understand the terms and conditions of on Thursday, October 8, 2009 at 11 a.m. purchases of securities by the Fund in the order, and agree to fulfill their Commissioners, Counsel to the an Affiliated Underwriting, once an responsibilities under the order. At the Commissioners, the Secretary to the investment by an Investing Fund in time of its investment in Fund Shares in Commission, and recording secretaries Fund Shares exceeds the limit of section excess of the limit in section will attend the Closed Meeting. Certain 12(d)(1)(A)(i) of the Act, including any 12(d)(1)(A)(i), an Investing Fund will staff members who have an interest in purchases made directly from an notify the Fund of the investment. At the matters also may be present. Underwriting Affiliate. The Board will such time, the Investing Fund will also The General Counsel of the review these purchases periodically, but transmit to the Fund a list of the names Commission, or his designee, has no less frequently than annually, to of each Investing Fund Affiliate and certified that, in his opinion, one or determine whether the purchases were Underwriting Affiliate. The Investing more of the exemptions set forth in 5 influenced by the investment by the Fund will notify the Fund of any U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) Investing Fund in the Fund. The Board changes to the list as soon as reasonably and 17 CFR 200.402(a)(3), (5), (7), 9(ii) will consider, among other things: (i) practicable after a change occurs. The and (10), permit consideration of the Whether the purchases were consistent Fund and the Investing Fund will scheduled matters at the Closed with the investment objectives and maintain and preserve a copy of the Meeting. policies of the Fund; (ii) how the order, the FOF Participation Agreement, Commissioner Casey, as duty officer, performance of securities purchased in and the list with any updated voted to consider the items listed for the an Affiliated Underwriting compares to information for the duration of the Closed Meeting in a closed session. the performance of comparable investment and for a period of not less The subject matter of the Closed securities purchased during a than six years thereafter, the first two Meeting scheduled for Thursday, comparable period of time in years in an easily accessible place. October 8, 2009 will be: underwritings other than Affiliated 10. Before approving any advisory Institution and settlement of injunctive Underwritings or to a benchmark such contract under section 15 of the Act, the actions; as a comparable market index; and (iii) board of directors or trustees of each Institution and settlement of administrative whether the amount of securities Investing Management Company, proceedings; and purchased by the Fund in Affiliated including a majority of the independent Other matters relating to enforcement Underwritings and the amount directors or trustees, will find that the proceedings. purchased directly from an advisory fees charged under such At times, changes in Commission Underwriting Affiliate have changed contract are based on services provided priorities require alterations in the significantly from prior years. The that will be in addition to, rather than scheduling of meeting items. Board will take any appropriate actions duplicative of, the services provided For further information and to based on its review, including, if under the advisory contract(s) of any ascertain what, if any, matters have been appropriate, the institution of Fund in which the Investing added, deleted or postponed, please procedures designed to assure that Management Company may invest. contact: The Office of the Secretary at purchases of securities in Affiliated These findings and their basis will be (202) 551–5400. Underwritings are in the best interest of recorded fully in the minute books of Dated: September 30, 2009. shareholders of the Fund. the appropriate Investing Management Elizabeth M. Murphy, 8. Each Fund will maintain and Company. preserve permanently in an easily 11. Any sales charges and/or service Secretary. accessible place a written copy of the fees charged with respect to shares of an [FR Doc. E9–24026 Filed 10–1–09; 4:15 pm] procedures described in the preceding Investing Fund will not exceed the BILLING CODE 8011–01–P condition, and any modifications to limits applicable to a fund of funds as such procedures, and will maintain and set forth in Conduct Rule 2830 of the preserve for a period of not less than six NASD. SECURITIES AND EXCHANGE years from the end of the fiscal year in 12. No Fund will acquire securities of COMMISSION which any purchase in an Affiliated any investment company or company [Release No. 34–60739; File No. SR– Underwriting occurred, the first two relying on section 3(c)(1) or 3(c)(7) of NYSEAMEX–2009–63] years in an easily accessible place, a the Act in excess of the limits contained written record of each purchase of in section 12(d)(1)(A) of the Act. Self-Regulatory Organizations; Notice securities in Affiliated Underwritings of Filing of Proposed Rule Change by once an investment by an Investing For the Commission, by the Division of Investment Management, pursuant to NYSE Amex LLC Permitting Affiliation Fund in the securities of the Fund delegated authority. With NYFIX Millennium L.L.C. and exceeds the limit of section Florence E. Harmon, NYFIX Securities Corporation 12(d)(1)(A)(i) of the Act, setting forth from whom the securities were Deputy Secretary. September 29, 2009. acquired, the identity of the [FR Doc. E9–23891 Filed 10–2–09; 8:45 am] Pursuant to Section 19(b)(1) 1 of the underwriting syndicate’s members, the BILLING CODE 8011–01–P Securities Exchange Act of 1934 (the terms of the purchase, and the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 information or materials upon which notice is hereby given that, on the Board’s determinations were made. SECURITIES AND EXCHANGE COMMISSION September 22, 2009, NYSE Amex LLC 9. Before investing in Fund Shares in (‘‘NYSE Amex’’ or the ‘‘Exchange’’) filed excess of the limits in section Sunshine Act Meeting 12(d)(1)(A), an Investing Fund will 1 15 U.S.C. 78s(b)(1). execute a FOF Participation Agreement Notice is hereby given, pursuant to 2 15 U.S.C. 78a. with the Fund stating that their the provisions of the Government in the 3 17 CFR 240.19b–4.

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with the Securities and Exchange As a result of the Merger, NYSE a. Conditions Commission (the ‘‘Commission’’) the Technologies will acquire, among other Accordingly, the Exchange represents proposed rule change as described in things, NYFIX’s Transaction Services as follows, in each case for so long as Items I, II, and III below, which Items Division. In the U.S., the Transaction the Exchange is affiliated with NYFIX have been prepared by the self- Services Division is currently comprised Millennium and NYFIX Securities, with regulatory organization. The of two U.S. registered broker-dealer respect to the Routing Services: Commission is publishing this notice to subsidiaries, NYFIX Millennium, which (1) Neither NYFIX Millennium nor solicit comments on the proposed rule is also an alternative trading system NYFIX Securities are members of the change from interested persons. registered under SEC Regulation ATS, Exchange nor will they become and NYFIX Securities.4 Each has the I. Self-Regulatory Organization’s members of the Exchange. Financial Industry Regulatory Authority (2) NYFIX does not offer order routing Statement of the Terms of Substance of (‘‘FINRA’’), an unaffiliated self- services other than the Routing Services, the Proposed Rule Change regulatory organization (‘‘SRO’’), as its and none of the Routing Services will be designated examining authority. Neither The Exchange proposes to be modified unless such modification is broker-dealer is a member of the affiliated with two registered broker- approved by the Commission. Exchange. The Exchange notes that dealer subsidiaries of NYFIX, Inc. (3) NYFIX will not engage in there is competition in the market to (‘‘NYFIX’’), NYFIX Millennium L.L.C. proprietary trading. provide introducing broker services to (‘‘NYFIX Millennium’’) and NYFIX (4) NYFIX will not accept any new the Exchange and the Exchange believes Securities Corporation (‘‘NYFIX clients for its Routing Services after the that there will continue to be effective Securities’’), for a period not to exceed Merger. six months and subject to certain competition after the Merger. For purposes of this proposed rule (5) There will continue to be limitations and obligations relating to change, Routing Services shall mean independent functionality of, and full the relationship. any of the activities of NYFIX public access to, NYSE facilities. II. Self-Regulatory Organization’s Millennium and NYFIX Securities (6) There will be a complete Statement of the Purpose of, and the which relate to routing to marketplaces separation between NYFIX, on the one Statutory Basis for, the Proposed Rule that are not operated by NYFIX, orders hand, and the Exchange and its Change (including NYFIX Millennium ‘‘pass affiliates, on the other (e.g., no shared through’’ orders) which flow through office space, no shared employees, no In its filing with the Commission, the the matching facility on their way to an shared systems). self-regulatory organization included exchange, electronic communications The Exchange may furnish to NYFIX statements concerning the purpose of, network, or ATS,5 and NYFIX the same information on the same terms and basis for, the proposed rule change Securities’ direct electronic market that the Exchange makes available in the and discussed any comments it received access and algorithmic trading products. normal course of business to any other on the proposed rule change. The text The Exchange is currently exploring person. Specifically: of those statements may be examined at various alternatives for the Transaction (a) NYFIX must not be provided an the places specified in Item IV below. Services Division. Because of the information advantage concerning the The Exchange has prepared summaries, manner in which the Transaction operation of the Exchange or any of its set forth in sections A, B, and C below, Services Division may interact with the facilities, particularly regarding changes of the most significant parts of such Exchange and its affiliates, which gives and improvements to the trading statements. rise to concerns regarding (1) the systems, that are not available to the potential for conflicts of interest in industry generally. A. Self-Regulatory Organization’s instances where an exchange is (b) NYFIX will be prevented from Statement of the Purpose of, and affiliated with a broker-dealer having any advance knowledge of Statutory Basis for, the Proposed Rule conducting an order routing business proposed changes or modifications to Change that may interact with the exchange the operations of the Exchange or their 1. Purpose itself, and (2) the potential for facilities, including but not limited to informational advantages that could advance knowledge of related filings by The Exchange is making this place such an affiliated broker-dealer at the Exchange pursuant to Rule 19b–4 of submission in connection with the a competitive advantage vis-a`-vis other the Securities Exchange Act of 1934.6 proposed acquisition of NYFIX by NYSE non-affiliated broker-dealers, the (c) NYFIX will not share employees or Technologies. On August 26, 2009, Exchange proposes to be affiliated with databases with the Exchange, any NYSE Technologies entered into an NYFIX Millennium and NYFIX facility of the Exchange, or any other Agreement and Plan of Merger (as it Securities for a period not to exceed six affiliate of the Exchange or their may be amended from time to time, the months and subject to the terms and facilities, and will be housed in a ‘‘Merger Agreement’’) with NYFIX and conditions set out below. separate office. CBR Acquisition Corp., a Delaware (d) NYFIX will only be notified of any corporation and a wholly owned 4 Outside of the U.S., the NYFIX Transaction changes or improvements to any of the subsidiary of NYSE Technologies. Services Division also operates the desk agency Exchange’s operations or trading execution business of NYFIX International in the Under the terms of the Merger U.K. and Euro Millennium, a multi-lateral trading facilities in the same manner that other Agreement, CBR Acquisition Corp. will facility for non-displayed liquidity in pan-European persons are notified of such changes or merge with and into NYFIX, with listed equities housed within NYFIX International. improvements; NYFIX surviving the merger as a direct These services are not within the scope of the Exchange’s Proposed Rule Change. (e) NYFIX will not disclose any wholly owned subsidiary of NYSE 5 These orders are only executed if they find a system or design specifications, or any Technologies (the ‘‘Merger’’). Following match at or within the national best bid and offer other information, to any employees of the Merger, both the Exchange and by guaranteeing customers the best available ask the Exchange, any facility of the NYFIX will be indirect wholly owned price when buying securities, and the best available bid price when selling securities. If there is not a Exchange, or any other affiliate of the subsidiaries of NYSE Euronext and match, these orders are immediately routed to their affiliates. ultimate destination. 6 15 U.S.C. 78a.

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Exchange or their facilities that would B. Self-Regulatory Organization’s submission, all subsequent give NYFIX an unfair advantage over its Statement on Burden on Competition amendments, all written statements competitors. The Exchange does not believe that with respect to the proposed rule (f) None of the Exchange, any facility the proposed rule change will impose change that are filed with the of the Exchange, or any other affiliate of any burden on competition that is not Commission, and all written the Exchange or their facilities will necessary or appropriate in furtherance communications relating to the disclose any system or design of the purposes of the Act. proposed rule change between the specifications, or any other information, Commission and any person, other than C. Self-Regulatory Organization’s those that may be withheld from the to any employees of NYFIX or any Statement on Comments on the affiliate of NYFIX that would give the public in accordance with the Proposed Rule Change Received From provisions of 5 U.S.C. 552, will be Exchange, any other facility of the Members, Participants or Others Exchange, any other affiliate of the available for inspection and copying in Exchange, or NYFIX an unfair advantage No written comments were solicited the Commission’s Public Reference over its competitors. or received with respect to the proposed Room, 100 F Street, NE., Washington, rule change. DC 20549, on official business days The Exchange believes these measures between the hours of 10 a.m. and 3 p.m. effectively address the concerns noted III. Date of Effectiveness of the Copies of such filing also will be above regarding the potential for Proposed Rule Change and Timing for available for inspection and copying at conflicts of interest and informational Commission Action the principal office of NYSE Amex. All advantages favoring NYFIX Millennium Within 35 days of the date of comments received will be posted and NYFIX Securities vis-a`-vis other publication of this notice in the Federal without change; the Commission does non-affiliated market participants. Register or within such longer period (i) not edit personal identifying as the Commission may designate up to 2. Statutory Basis information from submissions. You 90 days of such date if it finds such should submit only information that The Exchange believes that this filing longer period to be appropriate and you wish to make available publicly. All is consistent with Section 6(b) 7 of the publishes its reasons for so finding or submissions should refer to File No. Exchange Act,8 in general, and furthers (ii) as to which the self-regulatory SR–NYSEAMEX–2009–63 and should the objectives of Section 6(b)(1),9 in organization consents, the Commission be submitted on or before October 26, particular, in that it enables the will: 2009. (A) By order approve the proposed Exchange to be so organized as to have For the Commission, by the Division of the capacity to be able to carry out the rule change, or Trading and Markets, pursuant to delegated purposes of the Exchange Act and to (B) institute proceedings to determine authority.11 whether the proposed rule change comply, and to enforce compliance by Florence E. Harmon, should be disapproved. its exchange members and persons Deputy Secretary. associated with its exchange members, IV. Solicitation of Comments [FR Doc. E9–23850 Filed 10–2–09; 8:45 am] with the provisions of the Exchange Act, Interested persons are invited to BILLING CODE 8011–01–P the rules and regulations thereunder, submit written data, views, and and the rules of the Exchange. The arguments concerning the foregoing, Exchange also believes that this filing including whether the proposed rule SECURITIES AND EXCHANGE furthers the objectives of Section change is consistent with the Act. COMMISSION 6(b)(5) 10 of the Exchange Act because Comments may be submitted by any of the rules summarized herein would the following methods: [Release No. 34–60720; File No. SR– create a governance and regulatory NYSEAmex–2009–64] structure that is designed to prevent Electronic Comments fraudulent and manipulative acts and • Use the Commission’s Internet Self-Regulatory Organizations; Notice practices, to promote just and equitable comment form (http://www.sec.gov/ of Filing and Immediate Effectiveness principles of trade, to remove rules/sro.shtml); or of Proposed Rule Change by NYSE impediments to, and perfect the • Send an e-mail to rule- Amex LLC Amending Commentary .06 mechanism of a free and open market [email protected]. Please include File to Rule 903, Series of Options Open for and a national market system and, in No. SR–NYSEAMEX–2009–63 on the Trading general, to protect investors and the subject line. September 25, 2009. public interest. In particular, the Paper Comments Proposed Rule Change sets forth certain Pursuant to Section 19(b)(1) of the • conditions under which the Routing Send paper comments in triplicate Securities Exchange Act of 1934 (the Services will be provided so as to assure to Elizabeth M. Murphy, Secretary, ‘‘Act’’),1 and Rule 19b–4 thereunder,2 that the potential for conflicts of Securities and Exchange Commission, notice is hereby given that on interests and informational advantages 100 F Street, NE., Washington, DC September 23, 2009, NYSE Amex LLC are adequately addressed. The 20549–1090. (‘‘NYSE Amex’’ or the ‘‘Exchange’’) filed conditions under which the Exchange is All submissions should refer to File No. with the Securities and Exchange permitted to be affiliated with the SR–NYSEAMEX–2009–63. This file Commission (the ‘‘Commission’’) the entities conducting the Routing Services number should be included on the proposed rule change as described in will also be limited to no more than 6 subject line if e-mail is used. To help the Items I and II below, which Items have months. Commission process and review your been prepared by the Exchange. The comments more efficiently, please use Commission is publishing this notice to 7 15 U.S.C. 78f(b). only one method. The Commission will 8 15 U.S.C. 78a, et seq. post all comments on the Commission’s 11 17 CFR 200.30–3(a)(12). 9 15 U.S.C. 78f(b)(1). Internet Web site (http://www.sec.gov/ 1 15 U.S.C. 78s(b)(1). 10 15 U.S.C. 78f(b)(5). rules/sro.shtml). Copies of the 2 17 CFR 240.19b–4.

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solicit comments on the proposed rule for selection into the $1 Strike Program, have not been selected for the change from interested persons. the underlying stock must close below Exchange’s $1 Strike Program, the $50 in its primary market on the Exchange may list strike prices of $2.50, I. Self-Regulatory Organization’s previous trading day. If selected for the $5, $7.50 and so forth as provided in Statement of the Terms of Substance of $1 Strike Program, the Exchange may Commentary .05, but not strike prices of the Proposed Rule Change list strike prices at $1 intervals from $1 $1, $2, $3, $4, $6, $7 and $8.7 The The Exchange proposes to amend to $50, but no $1 strike price may be Exchange is now proposing to amend Commentary .06 to Rule 903, Series of listed that is greater than $5 from the Commentary .06 to Rule 903 by adding Options Open for Trading in order to underlying stock’s closing price in its new sub-paragraph (d) to list strike establish strike price intervals of $0.50, primary market on the previous day. prices on options on a number of beginning at $1, for certain options The Exchange may also list $1 strikes on qualifying stocks that trade at or under classes whose underlying security any other option class designated by $3.00, not simply those stocks also closed at or below $3 in it s primary another securities exchange that participating in the $1 Strike Program, market on the previous trading day. The employs a similar $1 Strike Program its in finer intervals of $0.50, beginning at text of the proposed rule change is own rules.4 The Exchange is restricted $1 up to $3.50. Thus, a qualifying stock attached as Exhibit 5 to the 19b–4 form. from listing any series that would result trading at $3 would have option strike A copy of this filing is available on the in strike prices being within $0.50 of a prices established not just at $2.50, Exchange’s Web site at http:// strike price set pursuant to Rule 903 $5.00, $7.50 and so forth (for stocks not www.nyse.com, at the Exchange’s Commentary .06(b). in the Exchange’s $1 Strike Program) or principal office and at the Commission’s The Exchange is now proposing to just at $1, $2, $3, $4, $5, $6, $7 and $8 Public Reference Room. establish strike prices of $1, $1.50, $ 2, (for stocks designated to participate in $2.50, $3 and $3.50 for certain stocks the $1 Strike Program), but rather at II. Self-Regulatory Organization’s that trade at or under $3.00.5 The listing strike prices established at $1, $1.50, $2, Statement of the Purpose of, and of these strike prices will be limited to $2.50 $3 and $3.50.8 Statutory Basis for, the Proposed Rule options classes whose underlying The Exchange believes that current Change security closed at or below $3 in its market conditions demonstrate the In its filing with the Commission, the primary market on the previous trading appropriateness of the new strike prices. self-regulatory organization included day, and which have national average Recently the number of securities statements concerning the purpose of daily volume that equals or exceeds trading below $3.00 has increased and basis for the proposed rule change 1,000 contracts per day as determined dramatically.9 Unless the underlying and discussed any comments it received by The Options Clearing Corporation stock has been selected for the $1 Strike on the proposed rule change. The text during the preceding three calendar Program, there is only one possible in- of those statements may be examined at months. The listing of $0.50 strike the-money call (at $2.50) to be traded if the places specified in Item IV below. prices would be limited to options an underlying stock trades at $3.00. The Exchange has prepared summaries, classes overlying no more than 5 Similarly, unless the underlying stock set forth in sections A, B, and C below, individual stocks (the ‘‘$0.50 Strike has been selected for the $1 Strike of the most significant parts of such Program’’) as specifically designated by Program, only one out-of-the-money statements. the Exchange. The Exchange would also strike price choice within 100% of a be able to list $0.50 strike prices on any stock price of $3 is available if an A. Self-Regulatory Organization’s other option classes if those classes investor wants to purchase out-of-the- Statement of the Purpose of, and the were specifically designated by other money calls. Stated otherwise, a Statutory Basis for, the Proposed Rule securities exchanges that employed a purchaser would need over a 100% Change similar $0.50 Strike Program under their move in the underlying stock price in 1. Purpose respective rules. order to have a call option at any strike Currently, the Exchange may list The proposed rule change is based on price other than the $5 strike price options on stocks trading at $3 at strike a filing submitted by NASDAQ OMX become in-the-money. If the stock is prices of $1, $2, $3, $4, $5, $6, $7 and selected for the $1 Strike Program, the PHLX Inc (‘‘Phlx’’) that was recently $8 if they are designated to participate available strike price choices are noticed for comment and approved by in the $1 Strike Program.6 If these stocks somewhat broader, but are still greatly the Commission.3 The purpose of the proposed rule limited by the proximity of the $3 stock 4 The Exchange may not list long-term option price to zero, and the very large percent change is to expand the ability of series (‘‘LEAPS’’) at $1 strike price intervals for any investors to hedge risks associated with gain or loss in the underlying stock class selected for the Program. price, relative to a higher priced stock, stocks trading at or under $3. Currently, 5 The Exchange recently amended NYSE Amex Commentary .05 to NYSE Amex Rule Rule 916, Withdrawal of Approval of Underlying 7 903 provides that the interval of strike Securities or Options, to eliminate the $3 market Again, market participants may also be able to price per share requirement for continued approval trade the option at $1 strike price intervals on other prices of series of options on individual for an underlying security. The amendment exchanges, if those exchanges have selected the stocks may be $2.50 or greater where the eliminated the prohibition against listing additional stock for participation in their own similar $1 Strike strike price is $25 or less. Additionally, series or options on an underlying security at any Program. Commentary .06 to Rule 903 allows the time when the price per share of such underlying 8 The option on the qualifying stock could also security is less than $3. The Exchange explained in have strike prices set at $5, $7.50 and so forth at Exchange to establish $1 strike price that proposed rule change that the market price for $2.50 intervals (pursuant to Commentary .05 to intervals (the ‘‘$1 Strike Program’’) on a large number of securities has fallen below $3 in Rule 903) or, if it has been selected for the $1 Strike options classes overlying no more than the current volatile market environment. See Program, at $4, $5, $6, $7 and $8. fifty-five individual stocks designated Securities Exchange Act Release No. 59348, SR– 9 As of July 31, 2009, stocks trading at or below NYSEALTR–2009–08 (February 3, 2009), 74 FR $3 include E*Trade Financial Corporation, Ambac by the Exchange. In order to be eligible 6683 (February 10, 2009). Financial Group, Inc., Alcatel-Lucent, Federal 6 Additionally, market participants may be able to Home Loan Mortgage Corporation (Freddie Mac) 3 See Exchange Act Release No. 60466 (August 10, trade $2.50 strikes on the same option at another and Federal National Mortgage Association (Fannie 2009), 74 FR 41475 (August 17, 2009) (SR–Phlx– exchange, if that exchange has elected not to select Mae). A number of these stocks are widely held and 2009–65). Approved in Exchange Act Release No. the stock for participation in its own similar $1 actively traded equities, and the options overlying 60694 (September 18, 2009). Strike Program. these stocks also trade actively on NYSE Amex.

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that would be required in order for investment strategies to the price At any time within 60 days of the strikes set at $1 or away from the stock movement of the underlying stocks, filing of the proposed rule change, the price to become in-the-money and serve trading in many of which is highly Commission may summarily abrogate their intended hedging purpose. liquid. such rule change if it appears to the As a practical matter, a low-priced Commission that such action is B. Self-Regulatory Organization’s stock by its very nature requires narrow necessary or appropriate in the public strike price intervals in order for Statement on Burden on Competition interest, for the protection of investors, investors to have any real ability to The Exchange does not believe that or otherwise in furtherance of the hedge the risks associated with such a the proposed rule change will impose purposes of the Act. security or execute other related options any burden on competition that is not IV. Solicitation of Comments trading strategies. The current necessary or appropriate in furtherance restriction on strike price intervals, of the purposes of the Act. Interested persons are invited to which prohibits intervals of less than submit written data, views, and $2.50 (or $1 for stocks in the $1 Strike C. Self-Regulatory Organization’s arguments concerning the foregoing, Program) for options on stocks trading at Statement on Comments on the including whether the proposed rule or below $3, could have a negative affect Proposed Rule Change Received From change is consistent with the Act. on investors. The Exchange believes that Members, Participants, or Others Comments may be submitted by any of the proposed $0.50 strike price intervals No written comments were solicited the following methods: would provide investors with greater or received with respect to the proposed Electronic Comments flexibility in the trading of equity rule change. • options that overlie lower priced stocks Use the Commission’s Internet by allowing investors to establish equity III. Date of Effectiveness of the comment form (http://www.sec.gov/ Proposed Rule Change and Timing for rules/sro.shtml); or option positions that are better tailored • to meet their investment objectives. The Commission Action Send an e-mail to rule- [email protected]. Please include File proposed new strike prices would Because the foregoing proposed rule enable investors to more closely tailor Number SR–NYSEAmex–2009–64 on change does not: (i) Significantly affect the subject line. their investment strategies and the protection of investors or the public decisions to the movement of the interest; (ii) impose any significant Paper Comments underlying security. As the price of burden on competition; and (iii) become • Send paper comments in triplicate stocks decline below $3 or even $2, the operative for 30 days after the date of to Elizabeth M. Murphy, Secretary, availability of options with strike prices the filing, or such shorter time as the Securities and Exchange Commission, at intervals of $0.50 could provide Commission may designate, if 100 F Street, NE., Washington, DC investors with opportunities and consistent with the protection of 20549–1090. strategies to minimize losses associated investors and the public interest, it has All submissions should refer to File with owning a stock declining in price. become effective pursuant to 19(b)(3)(A) With regard to the impact on system Number SR–NYSEAmex–2009–64. This of the Act 12 and Rule 19b–4(f)(6) capacity, NYSE Amex has analyzed its file number should be included on the thereunder.13 capacity and represents that it and the subject line if e-mail is used. To help the Options Price Reporting Authority have The Exchange has requested that the Commission process and review your the necessary systems capacity to Commission waive the 30-day operative comments more efficiently, please use handle the additional traffic associated delay to permit the Exchange to only one method. The Commission will with the listing and trading of an compete effectively with Phlx by being post all comments on the Commission’s expanded number of series as proposed able to list the same strike prices as Internet Web site (http://www.sec.gov/ by this filing. Phlx. The Commission recently rules/sro.shtml). Copies of the approved SR–Phlx–2009–65,14 and submission, all subsequent 2. Statutory Basis therefore finds that waiver of the amendments, all written statements The Exchange believes the proposed operative delay is consistent with the with respect to the proposed rule rule change is consistent with Section protection of investors and the public change that are filed with the 6(b) 10 of the Securities Exchange Act of interest because such waiver will Commission, and all written 1934 (the ‘‘Act’’), in general, and encourage fair competition among the communications relating to the furthers the objectives of Section exchanges. Therefore, the Commission proposed rule change between the 6(b)(5) 11 in particular in that it is designates the proposal operative upon Commission and any person, other than designed to promote just and equitable filing.15 those that may be withheld from the principles if trade, to prevent fraudulent public in accordance with the and manipulative acts, to remove 12 15 U.S.C. 78s(b)(3)(A). provisions of 5 U.S.C. 552, will be impediments to and to perfect the 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– available for inspection and copying in mechanism for a free and open market 4(f)(6) requires a self-regulatory organization to give the Commission’s Public Reference the Commission written notice of its intent to file and a national market system and, in the proposed rule change at least five business days Room, 100 F Street, NE., Washington, general, to protect investors and the prior to the date of filing of the proposed rule DC 20549, on official business days public interest, by expanding the ability change, or such shorter time as designated by the between the hours of 10 a.m. and 3 p.m. of investors to hedge risks associated Commission. The Exchange is deemed to have Copies of the filing also will be available satisfied this requirement. for inspection and copying at the with stocks trading at or below $3. The 14 See Securities Exchange Act Release No. 60694 proposal should create greater trading (September 18, 2009) (SR–Phlx–2009–65) (order principal office of the Exchange. All and hedging opportunities and approving a $0.50 strike program substantially the comments received will be posted flexibility, and provide customers with same as the $0.50 Strike Program proposed by without change; the Commission does the ability to more closely tailor NYSE Amex). not edit personal identifying 15 For purposes only of waiving the 30-day operative delay, the Commission has considered the information from submissions. You 10 15 U.S.C. 78f(b). proposed rule’s impact on efficiency, competition, should submit only information that 11 15 U.S.C. 78f(b)(5). and capital formation. See 15 U.S.C. 78c(f). you wish to make available publicly. All

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submissions should refer to File II. Self-Regulatory Organization’s circular. Although CBOE at this time Number SR–NYSEAmex–2009–64 and Statement of the Purpose of, and does not anticipate materially changing should be submitted on or before Statutory Basis for, the Proposed Rule the bid/ask differentials from their October 26, 2009. Change current levels, it believes that this change provides it with additional For the Commission, by the Division of In its filing with the Commission, the flexibility to tailor the bid/ask Trading and Markets, pursuant to delegated self-regulatory organization included differential requirements to particular authority.16 statements concerning the purpose of option classes and to take into Florence E. Harmon, and basis for the proposed rule change and discussed any comments it received consideration the market conditions and Deputy Secretary. on the proposed rule change. The text the trading and liquidity in a particular [FR Doc. E9–23851 Filed 10–2–09; 8:45 am] of those statements may be examined at option class and its underlying security BILLING CODE 8011–01–P the places specified in Item IV below. when setting the bid/ask differentials. The Exchange has prepared summaries, Under its existing rules, CBOE from set forth in sections A, B, and C below, time to time grants bid/ask relief in SECURITIES AND EXCHANGE of the most significant parts of such various option classes based on market COMMISSION statements. conditions and it has not experienced any negative effects from such actions. [Release No. 34–60727; File No. SR–CBOE– A. Self-Regulatory Organization’s CBOE believes that the proposed rule 2009–067] Statement of the Purpose of, and the change will allow CBOE to continue to Statutory Basis for, the Proposed Rule set the bid/ask differentials at an Self-Regulatory Organizations; Change appropriate level which may be Chicago Board Options Exchange, 1. Purpose different than the existing bid/ask Incorporated; Notice of Filing and differentials, rather than waiting for CBOE proposes to amend its rules Immediate Effectiveness of Proposed market participants to request bid/ask pertaining to the bid/ask differential relief as it traditionally has been done. Rule Change Relating to Bid/Ask requirements. Currently, Rule 8.7(b)(iv) Differentials CBOE notes that the rules of the Nasdaq specifies the bid/ask differential Options Market do not contain any bid/ September 28, 2009. requirements applicable to Market- ask differential requirements, even Makers when bidding and offering in though CBOE does not anticipate Pursuant to Section 19(b)(1) of the open outcry, during opening rotations mimicking that market structure. Securities Exchange Act of 1934 (the and when quoting electronically on the Accordingly, CBOE believes that this 5 ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Hybrid Trading System. With respect proposed change is consistent with the notice is hereby given that on to bidding and offering in open outcry Act. September 21, 2009, Chicago Board and during opening rotations, the In connection with this proposal, Options Exchange, Incorporated requirements vary depending on the CBOE proposes to make related changes (‘‘Exchange’’ or ‘‘CBOE’’) filed with the price of the bid. For example, Rule to Rules 6.2B, 6.13, 6.25, 6.53C, 8.14, Securities and Exchange Commission 8.7(b)(iv)(A) states that the quote widths 8.15, 8.15A, 8.85, and 8.93, which (the ‘‘Commission’’) the proposed rule shall not be more than: $0.25 if the bid currently reference the bid/ask change as described in Items I, II, and is less than $2; $0.40 where the bid is differentials in Rule 8.7(b)(iv). III below, which Items have been at least $2 but does not exceed $5; $0.50 Finally, CBOE proposes to amend prepared by the Exchange. The where the bid is more than $5 but does Rule 8.93(iv) to state that an e-DPM is Exchange filed the proposal as a ‘‘non- not exceed $10; $0.80 where the bid is obligated to assure that its market more than $10 but does not exceed $20; controversial’’ proposed rule change quotations comply with the minimum and $1 where the bid is more than $20. pursuant to Section 19(b)(3)(A)(iii) of size requirements prescribed by CBOE, With respect to electronic quoting on the Act 3 and Rule 19b–4(f)(6) which minimum shall be at least one 4 the Hybrid Trading System, the bid/ask contract. Last year, CBOE amended its thereunder. The Commission is differential requirement is $5. Rule publishing this notice to solicit rules to allow the Exchange to set a 8.7(b)(iv) also provides that CBOE may minimum quotation size requirement comments on the proposed rule change establish quote width differences other from interested persons. for electronic and open outcry quotes on than those set forth above for one or a class by class basis, provided the I. Self-Regulatory Organization’s more option series. Some or all of these minimum set by the Exchange is at least Statement of the Terms of Substance of quote width differentials are also one contract.6 In that filing, changes to the Proposed Rule Change applicable to LMMs in Hybrid 3.0 Rule 8.93 were inadvertently omitted. classes (see Rule 8.15), LMMs in Hybrid The Exchange proposes to amend its classes (see Rule 8.15A), DPMs (see Rule 2. Statutory Basis rules relating to bid/ask differentials. 8.85), and e-DPMs (see Rule 8.93), The proposed rule change would The text of the proposed rule change is depending on the manner in which the permit the Exchange to set the bid/ask available on the Exchange’s Web site market participant functions. differential requirements on a class by (http://www.cboe.org/Legal), at the CBOE proposes to amend its rules to class basis. CBOE believes that this Office of the Secretary, CBOE and at the allow the Exchange to set the bid/ask flexibility will enable the Exchange to Commission. differential requirements on a class by tailor the bid/ask differential class basis, and delete from its rules the requirements to particular classes and to specific differentials identified in Rule take into consideration the market 8.7(b)(iv). CBOE would announce the 16 conditions and the trading and liquidity 17 CFR 200.30–3(a)(12). bid/ask differentials to its members via 1 15 U.S.C. 78s(b)(1). 6 See Securities Exchange Act Release No. 58828 2 17 CFR 240.19b–4. 5 Pursuant to Rule 1.1(aaa), reference to Hybrid (October 21, 2008), 73 FR 63749 (October 27, 2008), 3 15 U.S.C. 78s(b)(3)(A)(iii) Trading System includes the Hybrid 3.0 Platform granting immediate effectiveness to SR–CBOE– 4 17 CFR 240.19b–4(f)(6). unless otherwise specified. 2008–107.

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in a particular option class and its interest, for the protection of investors For the Commission, by the Division of underlying security. Accordingly, the or otherwise in furtherance of the Trading and Markets, pursuant to delegated Exchange believes the proposed rule purposes of the Act. authority.12 change is consistent with the Securities Florence E. Harmon, IV. Solicitation of Comments Exchange Act of 1934 (the ‘‘Act’’) and Deputy Secretary. the rules and regulations under the Act Interested persons are invited to [FR Doc. E9–23852 Filed 10–2–09; 8:45 am] applicable to a national securities submit written data, views, and BILLING CODE 8011–01–P exchange and, in particular, the arguments concerning the foregoing, requirements of Section 6(b) of the Act.7 including whether the proposed rule Specifically, the Exchange believes the change is consistent with the Act. SECURITIES AND EXCHANGE proposed rule change is consistent with Comments may be submitted by any of COMMISSION 8 the Section 6(b)(5) Act requirements the following methods: [Release No. 34–60737; File No. SR–NYSE– that the rules of an exchange be 2009–96] designed to promote just and equitable Electronic Comments principles of trade, to prevent • Use the Commission’s Internet Self-Regulatory Organizations; Notice fraudulent and manipulative acts and, comment form (http://www.sec.gov/ of Filing of Proposed Rule Change by in general, to protect investors and the rules/sro.shtml); or New York Stock Exchange LLC public interest. • Send an e-mail to rule- Permitting Affiliation With NYFIX Millennium L.L.C. and NYFIX Securities B. Self-Regulatory Organization’s [email protected]. Please include File Corporation Statement on Burden on Competition No. SR–CBOE–2009–067 on the subject CBOE does not believe that the line. September 29, 2009. proposed rule change will impose any Paper Comments Pursuant to Section 19(b)(1) 1 of the burden on competition not necessary or Securities Exchange Act of 1934 (the • appropriate in furtherance of the Send paper comments in triplicate ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 purposes of the Act. to Elizabeth M. Murphy, Secretary, notice is hereby given that, on Securities and Exchange Commission, September 22, 2009, New York Stock C. Self-Regulatory Organization’s 100 F Street, NE., Washington, DC Exchange LLC (‘‘NYSE’’ or the Statement on Comments on the 20549–1090. ‘‘Exchange’’) filed with the Securities Proposed Rule Change Received From and Exchange Commission (the Members, Participants, or Others All submissions should refer to File No. SR–CBOE–2009–067. This file number ‘‘Commission’’) the proposed rule No written comments were solicited should be included on the subject line change as described in Items I, II, and or received with respect to the proposed if e-mail is used. To help the III below, which Items have been rule change. Commission process and review your prepared by the self-regulatory III. Date of Effectiveness of the comments more efficiently, please use organization. The Commission is Proposed Rule Change and Timing for only one method. The Commission will publishing this notice to solicit Commission Action post all comments on the Commission’s comments on the proposed rule change Internet Web site (http://www.sec.gov/ from interested persons. Because the forgoing rule change does rules/sro.shtml). Copies of the I. Self-Regulatory Organization’s not: (1) Significantly affect the submission, all subsequent protection of investors or the public Statement of the Terms of Substance of amendments, all written statements the Proposed Rule Change interest; (2) impose any significant with respect to the proposed rule burden on competition; and (3) become change that are filed with the The Exchange proposes to be operative for 30 days after the date of Commission, and all written affiliated with two registered broker- this filing, or such shorter time as the communications relating to the dealer subsidiaries of NYFIX, Inc. Commission may designate if consistent proposed rule changes between the (‘‘NYFIX’’), NYFIX Millennium L.L.C. with the protection of investors and the Commission and any person, other than (‘‘NYFIX Millennium’’) and NYFIX public interest, provided that the self- those that may be withheld from the Securities Corporation (‘‘NYFIX regulatory organization has given the public in accordance with the Securities’’), for a period not to exceed Commission written notice of its intent provisions of 5 U.S.C. 552, will be six months and subject to certain to file the proposed rule change at least available for inspection and copying in limitations and obligations relating to five business days prior to the date of the Commission’s Public Reference the relationship. filing of the proposed rule change or Room, 100 F Street, NE., Washington, II. Self-Regulatory Organization’s such shorter time as designated by the DC 20549, on official business days Statement of the Purpose of, and the Commission,9 it has become effective between the hours of 10 a.m. and 3 p.m. Statutory Basis for, the Proposed Rule pursuant to Section 19(b)(3)(A) of the Copies of such filing also will be 10 11 Change Act and Rule 19b–4(f)(6) thereunder. available for inspection and copying at At any time within 60 days of the filing the principal office of CBOE. All In its filing with the Commission, the of such proposed rule change the comments received will be posted self-regulatory organization included Commission may summarily abrogate without change; the Commission does statements concerning the purpose of, such rule change if it appears to the not edit personal identifying and basis for, the proposed rule change Commission that such action is information from submissions. You and discussed any comments it received necessary or appropriate in the public should submit only information that on the proposed rule change. The text you wish to make available publicly. All of those statements may be examined at 7 15 U.S.C. 78f(b). submissions should refer to File No. 8 15 U.S.C. 78f(b)(5). 12 17 CFR 200.30–3(a)(12). 9 The Exchange has fulfilled this requirement. SR–CBOE–2009–067 and should be 1 15 U.S.C. 78s(b)(1). 10 15 U.S.C. 78s(b)(3)(A). submitted on or before October 26, 2 15 U.S.C. 78a. 11 17 CFR 240.19b–4(f)(6). 2009. 3 17 CFR 240.19b–4.

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the places specified in Item IV below. the matching facility on their way to an (a) NYFIX must not be provided an The Exchange has prepared summaries, exchange, electronic communications information advantage concerning the set forth in sections A, B, and C below, network, or ATS,5 and NYFIX operation of the Exchange or any of its of the most significant parts of such Securities’ direct electronic market facilities, particularly regarding changes statements. access and algorithmic trading products. and improvements to the trading The Exchange is currently exploring A. Self-Regulatory Organization’s systems, that are not available to the various alternatives for the Transaction Statement of the Purpose of, and industry generally. Services Division. Because of the (b) NYFIX will be prevented from Statutory Basis for, the Proposed Rule manner in which the Transaction having any advance knowledge of Change Services Division may interact with the proposed changes or modifications to 1. Purpose Exchange and its affiliates, which gives the operations of the Exchange or their The Exchange is making this rise to concerns regarding (1) the facilities, including but not limited to submission in connection with the potential for conflicts of interest in advance knowledge of related filings by proposed acquisition of NYFIX by NYSE instances where an exchange is the Exchange pursuant to Rule 19b–4 of Technologies. On August 26, 2009, affiliated with a broker-dealer the Securities Exchange Act of 1934.6 NYSE Technologies entered into an conducting an order routing business (c) NYFIX will not share employees or Agreement and Plan of Merger (as it that may interact with the exchange databases with the Exchange, any may be amended from time to time, the itself, and (2) the potential for facility of the Exchange, or any other ‘‘Merger Agreement’’) with NYFIX and informational advantages that could affiliate of the Exchange or their CBR Acquisition Corp., a Delaware place such an affiliated broker-dealer at facilities, and will be housed in a corporation and a wholly owned a competitive advantage vis-a`-vis other separate office. subsidiary of NYSE Technologies. non-affiliated broker-dealers, the (d) NYFIX will only be notified of any Under the terms of the Merger Exchange proposes to be affiliated with changes or improvements to any of the Agreement, CBR Acquisition Corp. will NYFIX Millennium and NYFIX Exchange’s operations or trading merge with and into NYFIX, with Securities for a period not to exceed six facilities in the same manner that other NYFIX surviving the merger as a direct months and subject to the terms and persons are notified of such changes or wholly owned subsidiary of NYSE conditions set out below. improvements. (e) NYFIX will not disclose any Technologies (the ‘‘Merger’’). Following a. Conditions the Merger, both the Exchange and system or design specifications, or any NYFIX will be indirect wholly owned Accordingly, the Exchange represents other information, to any employees of subsidiaries of NYSE Euronext and as follows, in each case for so long as the Exchange, any facility of the affiliates. the Exchange is affiliated with NYFIX Exchange, or any other affiliate of the As a result of the Merger, NYSE Millennium and NYFIX Securities, with Exchange or their facilities that would Technologies will acquire, among other respect to the Routing Services: give NYFIX an unfair advantage over its things, NYFIX’s Transaction Services (1) Neither NYFIX Millennium nor competitors. Division. In the U.S., the Transaction NYFIX Securities are members of the (f) None of the Exchange, any facility Services Division is currently comprised Exchange nor will they become of the Exchange, or any other affiliate of of two U.S. registered broker-dealer members of the Exchange. the Exchange or their facilities will subsidiaries, NYFIX Millennium, which (2) NYFIX does not offer order routing disclose any system or design is also an alternative trading system services other than the Routing Services, specifications, or any other information, registered under SEC Regulation ATS, and none of the Routing Services will be to any employees of NYFIX or any and NYFIX Securities.4 Each has the modified unless such modification is affiliate of NYFIX that would give the Financial Industry Regulatory Authority approved by the Commission. Exchange, any other facility of the (‘‘FINRA’’), an unaffiliated self- (3) NYFIX will not engage in Exchange, any other affiliate of the regulatory organization (‘‘SRO’’), as its proprietary trading. Exchange, or NYFIX an unfair advantage designated examining authority. Neither (4) NYFIX will not accept any new over its competitors. broker-dealer is a member of the clients for its Routing Services after the The Exchange believes these measures Exchange. The Exchange notes that Merger. effectively address the concerns noted there is competition in the market to (5) There will continue to be above regarding the potential for provide introducing broker services to independent functionality of, and full conflicts of interest and informational the Exchange and the Exchange believes public access to, NYSE facilities. advantages favoring NYFIX Millennium that there will continue to be effective (6) There will be a complete and NYFIX Securities vis-a`-vis other competition after the Merger. separation between NYFIX, on the one non-affiliated market participants. For purposes of this proposed rule hand, and the Exchange and its 2. Statutory Basis change, Routing Services shall mean affiliates, on the other (e.g., no shared any of the activities of NYFIX office space, no shared employees, no The Exchange believes that this filing Millennium and NYFIX Securities shared systems). is consistent with Section 6(b) 7 of the which relate to routing to marketplaces The Exchange may furnish to NYFIX Exchange Act,8 in general, and furthers that are not operated by NYFIX, orders the same information on the same terms the objectives of Section 6(b)(1),9 in (including NYFIX Millennium ‘‘pass that the Exchange makes available in the particular, in that it enables the through’’ orders) which flow through normal course of business to any other Exchange to be so organized as to have person. Specifically: the capacity to be able to carry out the 4 Outside of the U.S., the NYFIX Transaction purposes of the Exchange Act and to Services Division also operates the desk agency 5 These orders are only executed if they find a comply, and to enforce compliance by execution business of NYFIX International in the match at or within the national best bid and offer U.K. and Euro Millennium, a multi-lateral trading by guaranteeing customers the best available ask 6 facility for non-displayed liquidity in pan-European price when buying securities, and the best available 15 U.S.C. 78a. listed equities housed within NYFIX International. bid price when selling securities. If there is not a 7 15 U.S.C. 78f(b). These services are not within the scope of the match, these orders are immediately routed to their 8 15 U.S.C. 78a, et seq. Exchange’s Proposed Rule Change. ultimate destination. 9 15 U.S.C. 78f(b)(1).

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its exchange members and persons IV. Solicitation of Comments For the Commission, by the Division of associated with its exchange members, Trading and Markets, pursuant to delegated with the provisions of the Exchange Act, Interested persons are invited to authority.11 the rules and regulations thereunder, submit written data, views, and Florence E. Harmon, and the rules of the Exchange. The arguments concerning the foregoing, Deputy Secretary. Exchange also believes that this filing including whether the proposed rule [FR Doc. E9–23853 Filed 10–2–09; 8:45 am] furthers the objectives of Section change is consistent with the Act. BILLING CODE 8011–01–P 6(b)(5) 10 of the Exchange Act because Comments may be submitted by any of the rules summarized herein would the following methods: create a governance and regulatory SECURITIES AND EXCHANGE Electronic Comments structure that is designed to prevent COMMISSION fraudulent and manipulative acts and • Use the Commission’s Internet [Release No. 34–60738); File No. SR– practices, to promote just and equitable comment form (http://www.sec.gov/ NYSEARCA–2009–84] principles of trade, to remove rules/sro.shtml); or impediments to, and perfect the • Self-Regulatory Organizations; Notice mechanism of a free and open market Send an e-mail to rule- of Filing of Proposed Rule Change by and a national market system and, in [email protected]. Please include File NYSE Arca, Inc. Permitting Affiliation general, to protect investors and the No. SR–NYSE–2009–96 on the subject With NYFIX Millennium L.L.C. and public interest. In particular, the line. NYFIX Securities Corporation Proposed Rule Change sets forth certain Paper Comments conditions under which the Routing September 29, 2009. Services will be provided so as to assure • Send paper comments in triplicate Pursuant to Section 19(b)(1) 1 of the that the potential for conflicts of to Elizabeth M. Murphy, Secretary, Securities Exchange Act of 1934 (the interests and informational advantages Securities and Exchange Commission, ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 are adequately addressed. The 100 F Street, NE., Washington, DC notice is hereby given that, on conditions under which the Exchange is 20549–1090. September 22, 2009, NYSE Arca, Inc. permitted to be affiliated with the (‘‘NYSE Arca’’ or the ‘‘Exchange’’) filed entities conducting the Routing Services All submissions should refer to File No. with the Securities and Exchange will also be limited to no more than 6 SR–NYSE–2009–96. This file number Commission (the ‘‘Commission’’) the months. should be included on the subject line proposed rule change as described in if e-mail is used. To help the Items I, II, and III below, which Items B. Self-Regulatory Organization’s Commission process and review your have been prepared by the self- Statement on Burden on Competition comments more efficiently, please use regulatory organization. The The Exchange does not believe that only one method. The Commission will Commission is publishing this notice to the proposed rule change will impose post all comments on the Commission’s solicit comments on the proposed rule any burden on competition that is not Internet Web site (http://www.sec.gov/ change from interested persons. necessary or appropriate in furtherance rules/sro.shtml). Copies of the I. Self-Regulatory Organization’s of the purposes of the Act. submission, all subsequent Statement of the Terms of Substance of amendments, all written statements C. Self-Regulatory Organization’s the Proposed Rule Change with respect to the proposed rule Statement on Comments on the The Exchange proposes to be Proposed Rule Change Received From change that are filed with the affiliated with two registered broker- Members, Participants or Others Commission, and all written dealer subsidiaries of NYFIX, Inc. communications relating to the (‘‘NYFIX’’), NYFIX Millennium L.L.C. No written comments were solicited proposed rule change between the (‘‘NYFIX Millennium’’) and NYFIX or received with respect to the proposed Commission and any person, other than Securities Corporation (‘‘NYFIX rule change. those that may be withheld from the Securities’’), for a period not to exceed III. Date of Effectiveness of the public in accordance with the six months and subject to certain Proposed Rule Change and Timing for provisions of 5 U.S.C. 552, will be limitations and obligations relating to Commission Action available for inspection and copying in the relationship. the Commission’s Public Reference II. Self-Regulatory Organization’s Within 35 days of the date of Room, 100 F Street, NE., Washington, Statement of the Purpose of, and the publication of this notice in the Federal DC 20549, on official business days Statutory Basis for, the Proposed Rule Register or within such longer period (i) between the hours of 10 a.m. and 3 p.m. Change as the Commission may designate up to Copies of such filing also will be 90 days of such date if it finds such available for inspection and copying at In its filing with the Commission, the longer period to be appropriate and the principal office of NYSE. All self-regulatory organization included publishes its reasons for so finding or comments received will be posted statements concerning the purpose of, (ii) as to which the self-regulatory without change; the Commission does and basis for, the proposed rule change organization consents, the Commission and discussed any comments it received not edit personal identifying will: on the proposed rule change. The text information from submissions. You of those statements may be examined at (A) By order approve the proposed should submit only information that rule change, or the places specified in Item IV below. you wish to make available publicly. All The Exchange has prepared summaries, (B) Institute proceedings to determine submissions should refer to File No. whether the proposed rule change SR–NYSE–2009–96 and should be 11 17 CFR 200.30–3(a)(12). should be disapproved. submitted on or before October 26, 1 15 U.S.C. 78s(b)(1). 2009. 2 15 U.S.C. 78a. 10 15 U.S.C. 78f(b)(5). 3 17 CFR 240.19b–4.

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set forth in sections A, B, and C below, network, or ATS,5 and NYFIX operation of the Exchange or any of its of the most significant parts of such Securities’ direct electronic market facilities, particularly regarding changes statements. access and algorithmic trading products. and improvements to the trading The Exchange is currently exploring systems, that are not available to the A. Self-Regulatory Organization’s various alternatives for the Transaction industry generally. Statement of the Purpose of, and the Services Division. Because of the (b) NYFIX will be prevented from Statutory Basis for, the Proposed Rule manner in which the Transaction having any advance knowledge of Change Services Division may interact with the proposed changes or modifications to 1. Purpose Exchange and its affiliates, which gives the operations of the Exchange or their The Exchange is making this rise to concerns regarding (1) the facilities, including but not limited to submission in connection with the potential for conflicts of interest in advance knowledge of related filings by proposed acquisition of NYFIX by NYSE instances where an exchange is the Exchange pursuant to Rule 19b–4 of Technologies. On August 26, 2009, affiliated with a broker-dealer the of the Securities Exchange Act of NYSE Technologies entered into an conducting an order routing business 1934.6 Agreement and Plan of Merger (as it that may interact with the exchange (c) NYFIX will not share employees or may be amended from time to time, the itself, and (2) the potential for databases with the Exchange, any ‘‘Merger Agreement’’) with NYFIX and informational advantages that could facility of the Exchange, or any other CBR Acquisition Corp., a Delaware place such an affiliated broker-dealer at affiliate of the Exchange or their corporation and a wholly owned a competitive advantage vis-a`-vis other facilities, and will be housed in a subsidiary of NYSE Technologies. non-affiliated broker-dealers, the separate office. Under the terms of the Merger Exchange proposes to be affiliated with (d) NYFIX will only be notified of any Agreement, CBR Acquisition Corp. will NYFIX Millennium and NYFIX changes or improvements to any of the merge with and into NYFIX, with Securities for a period not to exceed six Exchange’s operations or trading NYFIX surviving the merger as a direct months and subject to the terms and facilities in the same manner that other wholly owned subsidiary of NYSE conditions set out below. persons are notified of such changes or improvements; Technologies (the ‘‘Merger’’). Following a. Conditions the Merger, both the Exchange and (e) NYFIX will not disclose any NYFIX will be indirect wholly owned Accordingly, the Exchange represents system or design specifications, or any subsidiaries of NYSE Euronext and as follows, in each case for so long as other information, to any employees of affiliates. the Exchange is affiliated with NYFIX the Exchange, any facility of the As a result of the Merger, NYSE Millennium and NYFIX Securities, with Exchange, or any other affiliate of the Technologies will acquire, among other respect to the Routing Services: Exchange or their facilities that would things, NYFIX’s Transaction Services (1) Neither NYFIX Millennium nor give NYFIX an unfair advantage over its Division. In the U.S., the Transaction NYFIX Securities are members of the competitors. Services Division is currently comprised Exchange nor will they become (f) None of the Exchange, any facility of two U.S. registered broker-dealer members of the Exchange. of the Exchange, or any other affiliate of subsidiaries, NYFIX Millennium, which (2) NYFIX does not offer order routing the Exchange or their facilities will is also an alternative trading system services other than the Routing Services, disclose any system or design registered under SEC Regulation ATS, and none of the Routing Services will be specifications, or any other information, and NYFIX Securities.4 Each has the modified unless such modification is to any employees of NYFIX or any Financial Industry Regulatory Authority approved by the Commission. affiliate of NYFIX that would give the (‘‘FINRA’’), an unaffiliated self- (3) NYFIX will not engage in Exchange, any other facility of the regulatory organization (‘‘SRO’’), as its proprietary trading. Exchange, any other affiliate of the designated examining authority. Neither (4) NYFIX will not accept any new Exchange, or NYFIX an unfair advantage broker-dealer is a member of the clients for its Routing Services after the over its competitors. Exchange. The Exchange notes that Merger. The Exchange believes these measures there is competition in the market to (5) There will continue to be effectively address the concerns noted provide introducing broker services to independent functionality of, and full above regarding the potential for the Exchange and the Exchange believes public access to, NYSE facilities. conflicts of interest and informational that there will continue to be effective (6) There will be a complete advantages favoring NYFIX Millennium competition after the Merger. separation between NYFIX, on the one and NYFIX Securities vis-a`-vis other For purposes of this proposed rule hand, and the Exchange and its non-affiliated market participants. change, Routing Services shall mean affiliates, on the other (e.g., no shared 2. Statutory Basis any of the activities of NYFIX office space, no shared employees, no Millennium and NYFIX Securities shared systems). The Exchange believes that this filing which relate to routing to marketplaces The Exchange may furnish to NYFIX is consistent with Section 6(b) 7 of the that are not operated by NYFIX, orders the same information on the same terms Exchange Act,8 in general, and furthers (including NYFIX Millennium ‘‘pass that the Exchange makes available in the the objectives of Section 6(b)(1),9 in through’’ orders) which flow through normal course of business to any other particular, in that it enables the the matching facility on their way to an person. Specifically: Exchange to be so organized as to have exchange, electronic communications (a) NYFIX must not be provided an the capacity to be able to carry out the information advantage concerning the purposes of the Exchange Act and to 4 Outside of the U.S., the NYFIX Transaction comply, and to enforce compliance by Services Division also operates the desk agency 5 These orders are only executed if they find a its exchange members and persons execution business of NYFIX International in the match at or within the national best bid and offer U.K. and Euro Millennium, a multi-lateral trading by guaranteeing customers the best available ask 6 facility for non-displayed liquidity in pan-European price when buying securities, and the best available 15 U.S.C. 78a. listed equities housed within NYFIX International. bid price when selling securities. If there is not a 7 15 U.S.C. 78f(b). These services are not within the scope of the match, these orders are immediately routed to their 8 15 U.S.C. 78a, et seq. Exchange’s Proposed Rule Change. ultimate destination. 9 15 U.S.C. 78f(b)(1).

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associated with its exchange members, IV. Solicitation of Comments For the Commission, by the Division of with the provisions of the Exchange Act, Trading and Markets, pursuant to delegated 11 the rules and regulations thereunder, Interested persons are invited to authority. and the rules of the Exchange. The submit written data, views, and Florence E. Harmon, Exchange also believes that this filing arguments concerning the foregoing, Deputy Secretary. furthers the objectives of Section including whether the proposed rule [FR Doc. E9–23854 Filed 10–2–09; 8:45 am] 6(b)(5) 10 of the Exchange Act because change is consistent with the Act. BILLING CODE 8011–01–P the rules summarized herein would Comments may be submitted by any of create a governance and regulatory the following methods: structure that is designed to prevent Electronic Comments SUSQUEHANNA RIVER BASIN fraudulent and manipulative acts and COMMISSION practices, to promote just and equitable • Use the Commission’s Internet principles of trade, to remove comment form (http://www.sec.gov/ Notice of Actions Taken at September impediments to, and perfect the rules/sro.shtml); or 10, 2009 Meeting mechanism of a free and open market • Send an e-mail to rule- AGENCY: Susquehanna River Basin and a national market system and, in [email protected]. Please include File Commission. general, to protect investors and the No. SR–NYSEARCA–2009–84 on the ACTION: public interest. In particular, the Notice of Commission Actions. subject line. Proposed Rule Change sets forth certain SUMMARY: At its regular business conditions under which the Routing Paper Comments meeting on September 10, 2009, in Services will be provided so as to assure • North East, Maryland, the Commission that the potential for conflicts of Send paper comments in triplicate held a public hearing as part of its interests and informational advantages to Elizabeth M. Murphy, Secretary, regular business meeting. At the public are adequately addressed. The Securities and Exchange Commission, hearing, the Commission: (1) Approved conditions under which the Exchange is 100 F Street, NE., Washington, DC and tabled certain water resources permitted to be affiliated with the 20549–1090. projects; (2) rescinded approval for two entities conducting the Routing Services All submissions should refer to File No. water resources projects; (3) approved will also be limited to no more than 6 SR–NYSEARCA–2009–84. This file settlements involving two water months. number should be included on the resources projects; and (4) tabled a B. Self-Regulatory Organization’s subject line if e-mail is used. To help the request for an administrative hearing on Statement on Burden on Competition Commission process and review your a project previously approved by the Commission. Details concerning these comments more efficiently, please use and other matters addressed at the The Exchange does not believe that only one method. The Commission will public hearing and business meeting are the proposed rule change will impose post all comments on the Commission’s contained in the Supplementary any burden on competition that is not Internet Web site (http://www.sec.gov/ necessary or appropriate in furtherance Information section of this notice. rules/sro.shtml). Copies of the of the purposes of the Act. DATES: September 10, 2009. submission, all subsequent C. Self-Regulatory Organization’s amendments, all written statements ADDRESSES: Susquehanna River Basin Statement on Comments on the with respect to the proposed rule Commission, 1721 N. Front Street, Proposed Rule Change Received From change that are filed with the Harrisburg, PA 17102–2391. Members, Participants or Others Commission, and all written FOR FURTHER INFORMATION CONTACT: communications relating to the Richard A. Cairo, General Counsel, No written comments were solicited proposed rule change between the telephone: (717) 238–0423, ext. 306; fax: or received with respect to the proposed Commission and any person, other than (717) 238–2436; e-mail: [email protected]; rule change. those that may be withheld from the or Stephanie L. Richardson, Secretary to the Commission, telephone: (717) 238– III. Date of Effectiveness of the public in accordance with the 0423, ext. 304; fax: (717) 238–2436; Proposed Rule Change and Timing for provisions of 5 U.S.C. 552, will be e-mail: [email protected]. Regular available for inspection and copying in Commission Action mail inquiries may be sent to the above the Commission’s Public Reference address. Within 35 days of the date of Room, 100 F Street, NE., Washington, SUPPLEMENTARY INFORMATION: In publication of this notice in the Federal DC 20549, on official business days addition to the public hearing and its Register or within such longer period (i) between the hours of 10 a.m. and 3 p.m. related action items identified below, as the Commission may designate up to Copies of such filing also will be 90 days of such date if it finds such the following items were also presented available for inspection and copying at longer period to be appropriate and or acted on at the business meeting: (1) the principal office of NYSE Arca. All publishes its reasons for so finding or A report on the present hydrologic comments received will be posted (ii) as to which the self-regulatory conditions of the basin indicating without change; the Commission does organization consents, the Commission widespread recovery from winter will: not edit personal identifying precipitation deficits; (2) a panel information from submissions. You discussion on the Chesapeake Bay and (A) By order approve the proposed should submit only information that Ecosystems as two of the Commission’s rule change, or you wish to make available publicly. All ‘‘priority management areas’’; (3) (B) Institute proceedings to determine submissions should refer to File No. presentation of the William W. Jeanes whether the proposed rule change SR–NYSEARCA–2009–84 and should be Award for Environmental Excellence to should be disapproved. submitted on or before October 26, The Nature Conservancy; (4) an update 2009. 10 15 U.S.C. 78f(b)(5). 11 17 CFR 200.30–3(a)(12).

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on the Maryland Lt. Governor’s Water Franklin Township Volunteer Fire Public Hearing—Projects Tabled Summit; (5) adoption of a final Department), Franklin Township, 1. Project Sponsor and Facility: ALTA rulemaking action regarding the use of Bradford County, Pa. Surface water Operating Company, LLC (Berkowitz Commission-approved water sources for withdrawal of up to 2.000 mgd. Pond), Forest Lake Township, natural gas well development and 8. Project Sponsor and Facility: LHP Susquehanna County, Pa. Surface water clarifying administrative procedures; (6) Management, LLC (Fishing Creek— withdrawal of up to 0.249 mgd. adoption of an Access to Records Policy; Clinton Country Club), Bald Eagle 2. Project Sponsor and Facility: J–W and (7) ratification of several grants Township, Clinton County, Pa. Surface Operating Company (Abandoned Mine regarding surface water assessments, water withdrawal of up to 0.100 mgd. Pool—Unnamed Tributary to Finley total maximum daily loads, the State of 9. Project Sponsor and Facility: Run), Shippen Township, Cameron the Susquehanna project and the Seneca Resources Corporation (Arnot County, Pa. Application for surface Susquehanna Flood Forecast and No. 5), Bloss Township, Tioga County, water withdrawal of up to 0.090 mgd. Warning System. The Commission also Pa. Surface water withdrawal of up to 3. Project Sponsor and Facility: heard counsel’s report on legal matters 0.499 mgd. Mansfield Borough Municipal affecting the Commission. 10. Project Sponsor and Facility: Authority, Richmond Township, Tioga The Commission convened a public Southwestern Energy Company (Cold County, Pa. Application for hearing and took the following actions: Creek—Giroux), Herrick Township, groundwater withdrawal of up to 0.079 Public Hearing—Compliance Actions Bradford County, Pa. Surface water mgd from Well 3. withdrawal of up to 0.249 mgd. 4. Project Sponsor and Facility: The Commission approved 11. Project Sponsor and Facility: Southwestern Energy Company (Sutton settlements in lieu of civil penalties for Southwestern Energy Company (Mill Big Pond), Herrick Township, Bradford the following projects: Creek—Kennedy), Stevens Township, County, Pa. Application for surface 1. Allegheny Energy Supply Bradford County, Pa. Surface water water withdrawal of up to 5.000 mgd. Company, LLC and UGI Development withdrawal of up to 0.249 mgd. Public Hearing—Rescission of Project Company, Hunlock Creek Electric 12. Project Sponsor and Facility: Approvals Generating Station—$35,000. Southwestern Energy Company (Ross 2. Chief Oil & Gas, LLC, Phelps 1H Creek—Billings), Stevens Township, 1. Project Sponsor and Facility: East Well—$25,000. Bradford County, Pa. Surface water Resources, Inc. (Tioga River) (Docket Public Hearing—Projects Approved withdrawal of up to 0.249 mgd. No. 20080609), Mansfield, Richmond Township, Tioga County, Pa. 1. Project Sponsor: Antrim Treatment 13. Project Sponsor and Facility: Southwestern Energy Company 2. Project Sponsor and Facility: Trust. Project Facility: Antrim No. 1, Montrose Country Club (Docket No. Duncan Township, Tioga County, Pa. (Tunkhannock Creek—Price), Lenox Township, Susquehanna County, Pa. 20020603), Bridgewater Township, Surface water withdrawal of up to 0.720 Susquehanna County, Pa. mgd. Surface water withdrawal of up to 0.380 2. Project Sponsor and Facility: mgd. Public Hearing—Rescission of Project Charles Header-Laurel Springs 14. Project Sponsor and Facility: Approvals Tabled Southwestern Energy Company Development, Barry Township, 1. Project Sponsor and Facility: (Wyalusing Creek—Ferguson), Schuylkill County, Pa. Groundwater Chesapeake Appalachia, LLC Wyalusing Township, Bradford County, withdrawal of 0.040 mgd from Laurel (Susquehanna River) (Docket No. Pa. Surface water withdrawal of up to Springs 1 and 2. 20080903), Town of Tioga, Tioga 1.500 mgd. 3. Project Sponsor and Facility: County, N.Y. Charles Header-Laurel Springs 15. Project Sponsor and Facility: 2. Project Sponsor and Facility: Development, Barry Township, Southwestern Energy Company Chesapeake Appalachia, LLC Schuylkill County, Pa. Consumptive (Wyalusing Creek—Campbell), Stevens (Susquehanna River) (Docket No. water use of up to 0.080 mgd. Township, Bradford County, Pa. Surface 20080906), Athens Township, Bradford 4. Project Sponsor: Community Refuse water withdrawal of up to 1.500 mgd. County, Pa. Service, Inc. Project Facility: 16. Project Sponsor: UGI Development 3. Project Sponsor and Facility: Cumberland County Landfill, Hopewell Company. Project Facility: Hunlock Chesapeake Appalachia, LLC and North Newton Townships, Power Station, Hunlock Township, (Susquehanna River) (Docket No. Cumberland County, Pa. Modification to Luzerne County, Pa. Surface water 20080907), Oakland Township, increase consumptive water use from a withdrawal from the Susquehanna River Susquehanna County, Pa. peak day of 0.090 mgd up to 0.140 mgd of up to 55.050 mgd. (Docket No. 20050907). 17. Project Sponsor: UGI Development Public Hearing—Administrative 5. Project Sponsor: Community Refuse Company. Project Facility: Hunlock Appeals Service, Inc. Project Facility: Power Station, Hunlock Township, 1. Docket No. 20090315, from Cumberland County Landfill, Hopewell Luzerne County, Pa. Consumptive water petitioner Paul R. Miller allegedly on and North Newton Townships, use of up to 0.870 mgd. behalf of Delta Borough –The Cumberland County Pa. Groundwater 18. Project Sponsor and Facility: Ultra Commission tabled action on this withdrawal of 0.053 mgd from eight Resources, Inc. (Elk Run), Gaines appeal at the request of the petitioner wells for consumptive water use. Township, Tioga County, Pa. Corrective and the Delta Borough Authority. 6. Project Sponsor and Facility: modification to passby flow condition Authority: Pub. L. 91–575, 84 Stat. 1509 EXCO–North Coast Energy, Inc. (Docket No. 20090631). et seq., 18 CFR parts 806, 807, and 808. (Tunkhannock Creek—Dobrinski), 19. Project Sponsor: United Water Tunkhannock Township, Wyoming Resources. Project Facility: United Dated: September 25, 2009. County, Pa. Surface water withdrawal of Water PA–Harrisburg Operation, Stephanie L. Richardson, up to 0.999 mgd. Newberry Township, York County, Pa. Secretary to the Commission. 7. Project Sponsor and Facility: Groundwater withdrawal of up to 0.121 [FR Doc. E9–23840 Filed 10–2–09; 8:45 am] Fortuna Energy Inc. (Towanda Creek— mgd from Paddletown Well. BILLING CODE 7040–01–P

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OFFICE OF THE UNITED STATES of-Cycle Review’’ in the ‘‘Type comment such estimated losses. Comments must TRADE REPRESENTATIVE & Upload file’’ field on http:// be in English. All comments should be www.regulations.gov. sent electronically to http:// 2009 Special 301 Out-of-Cycle Reviews FOR FURTHER INFORMATION CONTACT: www.regulations.gov, docket number of Fiji, Israel, the Philippines, Poland, Jennifer Choe Groves, Senior Director USTR–2009–0001. and Saudi Arabia: Identification of for Intellectual Property and Innovation To submit comments to http:// Countries Under Section 182 of the and Chair of the Special 301 Committee, www.regulations.gov, enter docket Trade Act of 1974: Request for Public Office of the United States Trade number USTR–2009–0001 on the home Comment Representative, at (202) 395–4510. page and click ‘‘search.’’ The site will provide a search-results page listing all AGENCY: Office of the United States SUPPLEMENTARY INFORMATION: Pursuant documents associated with this docket. Trade Representative. to Section 182 of the Trade Act, USTR Find a reference to this notice by ACTION: Request for written submissions must identify those countries that deny selecting ‘‘Notice’’ under ‘‘Document from the public. adequate and effective protection for Type’’ on the left side of the search- intellectual property rights or deny fair SUMMARY: Section 182 of the Trade Act results page, and click on the link and equitable market access to U.S. entitled ‘‘Submit a comment.’’ (For of 1974 (Trade Act) (19 U.S.C. 2242) persons who rely on intellectual requires the United States Trade further information on using the property protection. Those countries http://www.regulations.gov website, Representative (USTR) to identify that have the most onerous or egregious countries that deny adequate and please consult the resources provided acts, policies, or practices and whose on the website by clicking on ‘‘How to effective protection of intellectual acts, policies, or practices have the property rights (IPR) or deny fair and Use This Site’’ on the left side of the greatest adverse impact (actual or home page). equitable market access to U.S. persons potential) on relevant U.S. products are who rely on intellectual property The http://www.regulations.gov site to be identified as Priority Foreign provides the option of providing protection. (The provisions of Section Countries. Acts, policies, or practices 182 are commonly referred to as the comments by filling in a ‘‘Type that are the basis of a country’s comment & Upload file’’ field, or by ‘‘Special 301’’ provisions of the Trade designation as a Priority Foreign Act.) The USTR is required to determine attaching a document. It is expected that Country are normally the subject of an most comments will be provided in an which, if any, of these countries should investigation under the Section 301 attached document. If a document is be identified as Priority Foreign provisions of the Trade Act. USTR may attached, it is sufficient to type ‘‘See Countries. In addition, USTR has not identify a country as a Priority attached’’ in the ‘‘Type comment & created a ‘‘Priority Watch List’’ and Foreign Country if that country is Upload file’’ field. However, all ‘‘Watch List’’ under Special 301 entering into good faith negotiations or submissions should contain the term provisions. Placement of a trading making significant progress in bilateral ‘‘2009 Special 301 Out-of-Cycle partner on the Priority Watch List or or multilateral negotiations to provide Review’’ in the ‘‘General Comments’’ Watch List indicates that particular adequate and effective protection of field. problems exist in that country with intellectual property rights. In addition, A person requesting that information respect to IPR protection, enforcement, USTR has created a ‘‘Priority Watch contained in a comment submitted by or market access for persons relying on List’’ and ‘‘Watch List’’ under Special that person be treated as confidential intellectual property. Countries placed 301 provisions. Placement of a trading business information must certify that on the Priority Watch List are the focus partner on the Priority Watch List or such information is business of increased bilateral attention Watch List indicates that particular confidential and would not customarily concerning the problem areas. problems exist in that country with be released to the public by the In the 2009 Special 301 Report respect to IPR protection, enforcement, submitter. Confidential business (http://www.ustr.gov), USTR announced or market access for persons relying on information must be clearly designated that, in order to monitor progress on intellectual property. Countries placed as such, the submission must be marked specific IPR issues, Out-of-Cycle on the Priority Watch List are the focus ‘‘BUSINESS CONFIDENTIAL’’ at the top Reviews would be conducted for Fiji, of increased bilateral attention and bottom of the cover page and each Israel, the Philippines, Poland, and concerning the problem areas. succeeding page, and should indicate Saudi Arabia. USTR requests written USTR requests that, where relevant, using brackets the specific information submissions from the public concerning submissions mention particular regions, which is confidential. Any comment any act, policy, or practice that is provinces, states, or other subdivisions containing business confidential relevant to the decision regarding of a country in which an act, policy, or information must be accompanied by a whether Fiji, Israel, the Philippines, practice deserve special attention. non-confidential summary of the Poland, and Saudi Arabia should be Submissions may report positive or confidential information. The non- identified under Section 182 of the negative developments with respect to confidential summary will be placed in Trade Act. these entities. the docket and open to public DATES: Submissions from the general Requirements for comments: inspection. public must be received on or before 10 Comments should include a description USTR will maintain a docket on the a.m. on Monday, November 9, 2009. of the problems experienced by the 2009 Special 301 Out-of-Cycle Review, Foreign governments who chose to make submitter and the effect of the acts, accessible to the public. The public file written submissions may do so on or policies, and practices on U.S. industry. will include non-confidential comments before 10 a.m. on Monday, November Comments should be as detailed as received by USTR from the public, 23, 2009. possible and should provide all including foreign governments, with ADDRESSES: All comments should be necessary information for assessing the respect to the 2009 Special 301 Out-of- sent electronically to http:// effect of the acts, policies, and practices. Cycle Review. www.regulations.gov, docket number Any comments that include quantitative Public inspection of submissions: USTR–2009–0001. Submissions should loss claims should be accompanied by Comments will be placed in the docket contain the term ‘‘2009 Special 301 Out- the methodology used in calculating and open to public inspection pursuant

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to 15 CFR 2006.13, except confidential comments received go to the Federal submitted to FHWA electronically or business information exempt from eRulemaking Portal: http:// made available by posting on the State public inspection in accordance with 15 www.regulations.gov. Follow the online Web site. CFR 2006.15. Comments may be viewed instructions for submitting comments. Respondents: State Departments of on the http://www.regulations.gov Fax: 1–202–493–2251. Transportation (52, including the website by entering docket number Mail: Docket Management Facility, District of Columbia and Puerto Rico). USTR–2009–0001 in the search field on U.S. Department of Transportation, Frequency: Once initially, then States the home page. West Building Ground Floor, Room update their operations manuals for W12–140, 1200 New Jersey Avenue, SE., review. Stanford K. McCoy, Washington, DC 20590–0001. Estimated Average Burden per Assistant USTR for Intellectual Property and Hand Delivery or Courier: U.S. Response: 75 hours per respondent. Innovation. Department of Transportation, West Estimated Total Annual Burden [FR Doc. E9–23872 Filed 10–2–09; 8:45 am] Building Ground Floor, Room W12–140, Hours: 75 hours for each of the 52 State BILLING CODE 3190–W9–P 1200 New Jersey Avenue, SE., Departments of Transportation. The Washington, DC 20590, between 9 a.m. total is 3,900 burden hours annually. and 5 p.m. ET, Monday through Friday, Public Comments Invited: You are DEPARTMENT OF TRANSPORTATION except Federal holidays. asked to comment on any aspect of this FOR FURTHER INFORMATION CONTACT: information collection, including: (1) Federal Highway Administration Kathleen Facer, 785–228–2544, Office of Whether the proposed collection is [Docket No. FHWA 2009–0100] Real Estate Services, Federal Highway necessary for the FHWA oversight of the Administration, Department of right-of-way program; (2) the accuracy Agency Information Collection Transportation, 1200 New Jersey of the estimated burden; (3) ways for the Activities: Request for Comments; Avenue, SE., Washington, DC 20590. FHWA to enhance the quality, Renewed Approval of Information Office hours are from 7:30 a.m. to 4 usefulness, and clarity of the collected Collection; State Right-of-Way p.m., Monday through Friday, except information; and (4) ways that the Operations Manuals, OMB Control Federal holidays. burden could be minimized without Number: 2125–0586 SUPPLEMENTARY INFORMATION: reducing the quality of the collected AGENCY: Federal Highway Title: State Right-of-Way Operations information. The agency will summarize Administration (FHWA), DOT. Manuals. and/or include your comments in the request for OMB’s clearance of this ACTION: Notice and request for OMB Control Number: 2125–0586. information collection. comments. Background: It is the responsibility of each State Department of Transportation Authority: The Paperwork Reduction Act SUMMARY: The FHWA invites public (State) to acquire, manage and dispose of 1995; 44 U.S.C. Chapter 35, as amended; comment regarding our intention to of real property in compliance with the and 49 CFR 1.48. request the Office of Management and legal requirements of State and Federal Issued on: September 29, 2009. Budget (OMB) to approve a renewed laws and regulations. Part of providing Judith Kane, information collection. The information assurance of compliance is to describe Acting Chief, Management Programs and we collect is provided by each State in a right-of-way procedural (operations) Analysis Division. Department of Transportation (State) in manual the organization, policies and [FR Doc. E9–23881 Filed 10–2–09; 8:45 am] its right-of-way operations manuals. The procedures of the State to such an extent BILLING CODE P right-of-way manuals contain detailed that these guide State employees, local descriptions of procedures the State will acquiring agencies, and contractors who follow to show compliance with Federal acquire and manage real property that is DEPARTMENT OF TRANSPORTATION regulations found in 23 CFR Part 710 used for a federally funded and 49 CFR Part 24. 23 CFR 710.201(c) transportation project. Procedural Federal Aviation Administration sets out the requirement for the right-of- manuals assure the FHWA that the way operations manual. Specifically, requirements of the Uniform Relocation Fourth Meeting—Special Committee each manual shall describe functions Assistance and Real Property 222: Inmarsat Aeronautical Mobile and procedures for all phases of the real Acquisition Policies Act (Uniform Act) Satellite (Route) Services estate program, including appraisal and will be met. The State responsibility to AGENCY: Federal Aviation appraisal review, negotiation and prepare and maintain an up-to-date Administration (FAA), DOT. eminent domain, property management, right-of-way procedural manual is set and relocation assistance. The State out in 23 CFR 710.201(c). The regulation ACTION: Notice of RTCA Special shall update the manual periodically to allows States flexibility in determining Committee 222: Inmarsat Aeronautical reflect changes in operations and submit how to meet the manual requirement. Mobile Satellite (Route) Services the updated manual for approval by the This flexibility allows States to prepare meeting. FHWA. The Paperwork Reduction Act manuals in the format of their choosing, SUMMARY: of 1995 required the FHWA to publish The FAA is issuing this notice to the level of detail necessitated by to advise the public of a meeting of notice for this information collection in State complexities. Each State decides the Federal Register. RTCA Special Committee 222: Inmarsat how it will provide service to Aeronautical Mobile Satellite (Route) DATES: Please submit comments by individuals and businesses affected by Services. December 4, 2009. Federal or federally-assisted projects, ADDRESSES: You may submit comments while at the same time reducing the DATES: The meeting will be held identified by DOT Docket ID Number burden of government regulation. States Tuesday, November 17, 2009 from 9 FHWA–2009–0100 by any of the are required to update manuals to reflect a.m.–5 p.m. and Wednesday, November following methods: changes in Federal requirements for 18, 2009 from 9 a.m.–5 p.m. Web Site: For access to the docket to programs administered under Title 23 ADDRESSES: Hosted by SkyTerra, Reston, read background documents or U.S.C. The State manuals may be VA. An RSVP to SkyTerra is required by

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close of business Monday, November Note: Working papers posted to the SC–222 DEPARTMENT OF TRANSPORTATION 16, 2009; instructions and forms to Web site on before October 15, 2009 will RSVP, travel directions to SkyTerra, and receive first priority in review. Additional Maritime Administration local hotel accommodations are working papers will be reviewed in the order [Docket No. MARAD–2009 0090] accessible on the SC–222 Web page or in which they were received. To obtain a new by contacting Mr. Daryl McCall at (319) WP number, contact Dr. LaBerge at Requested Administrative Waiver of 739–0858 or [email protected]. [email protected]. To post a the Coastwise Trade Laws FOR FURTHER INFORMATION CONTACT: new WP to the website, provide a PDF version RTCA Secretariat, 1828 L Street, NW., to Mr. McCall at [email protected], AGENCY: Maritime Administration, Suite 805, Washington, DC 20036; with a copy to Dr. LaBerge. Department of Transportation. telephone (202) 833–9339; fax (202) • SC222/WP–027: Review, discussion ACTION: Invitation for public comments 833–9434; Web site http://www.rtca.org. and acceptance of detailed work on a requested administrative waiver of the Coastwise Trade Laws for the vessel Note: Business Casual. schedule. FINNESSA. SUPPLEMENTARY INFORMATION: Pursuant • SC222/WP–030: Review of MASPS to section 10(a)(2) of the Federal (DO–270) Updates—Dr. Charles SUMMARY: As authorized by 46 U.S.C. Advisory Committee Act (Pub. L. 92– LaBerge. 12121, the Secretary of Transportation, 463, 5 U.S.C., Appendix 2), notice is • SC222/WP–031: Introduction to as represented by the Maritime Administration (MARAD), is authorized hereby given for a Special Committee MOPS (DO–262) Updates—Dr. Charles to grant waivers of the U.S.-build 222: Inmarsat Aeronautical Mobile LaBerge. requirement of the coastwise laws under Satellite (Route) Services. The agenda • will include: Review of working papers certain circumstances. A request for submitted by SC–222 members such a waiver has been received by Tuesday, November 17, 2009 9 a.m. regarding Agenda Item 4e. MARAD. The vessel, and a brief through Wednesday, November 18, • description of the proposed service, is 2009 Projected Schedule for ATCt Rollout—SkyTerra. listed below. The complete application • Opening Plenary (Introductions and • is given in DOT docket MARAD–2009– Opening Remarks). Projected Schedule for SBB Safety 0090 at http://www.regulations.gov. • Review and Approval of Summary Rollout –Inmarsat. Interested parties may comment on the for the Third Meeting of Special • AIRBUS Projected Aircraft Rollout effect this action may have on U.S. Committee 222 held at the Boeing for SBB Safety—Roser Roca-Toha. vessel builders or businesses in the U.S. Longacres Park, Renton, WA; SC–222/ • Boeing Projected Aircraft Rollout that use U.S.-flag vessels. If MARAD WP–028. for SBB Safety—Glenn Torgerson. determines, in accordance with 46 • Review and Approval of the Agenda U.S.C. 12121 and MARAD’s regulations • for the Fourth Meeting of SC–222, WP– Other Business. at 46 CFR part 388 (68 FR 23084; April 029. • Review of Assignments and Action 30, 2003), that the issuance of the • Old Business. Items. waiver will have an unduly adverse • Review of/reports for the currently • effect on a U.S.-vessel builder or a active Action Items regarding SBB Date and Location for the 5th Meeting of SC–222. Tentatively business that uses U.S.-flag vessels in Safety issues. that business, a waiver will not be • scheduled for Inmarsat, London, Inmarsat: Complete the tables for granted. Comments should refer to the England, week of January 18, 2010. DO–262 and DO–270 listing in Working docket number of this notice and the Paper WP–4; the action for DO–262 is • Closing Plenary (Other Business, vessel name in order for MARAD to complete. Review of Assignments and Action properly consider the comments. • Dr. LaBerge to provide an updated Items, Date and Location for the Fifth Comments should also state the MASPS (DO–270) two weeks prior to Meeting of SC–222. Tentatively commenter’s interest in the waiver the next SC–222 meeting. scheduled for Inmarsat, London, • application, and address the waiver SkyTerra and Inmarsat to jointly England, week of January 18, 2010, criteria given in § 388.4 of MARAD’s outline hypothetical projected Adjourn). regulations at 46 CFR part 388. schedules for SBB safety rollout and DATES: ATCt rollout. Attendance is open to the interested Submit comments on or before • Roser Roca-Toha and Glenn public but limited to space availability. November 4, 2009. Torgerson to outline a schedule for With the approval of the chairmen, ADDRESSES: Comments should refer to updating aircraft equipment once AGCS members of the public may present oral docket number MARAD–2009–00090. and RTCA documents are ready. statements at the meeting. Persons Written comments may be submitted by • All SC–222 attendees are requested wishing to present statements or obtain hand or by mail to the Docket Clerk, to present future papers on thoughts of information should contact the person U.S. Department of Transportation, operations without doing anything to listed in the FOR FURTHER INFORMATION Docket Operations, M–30, West reduce ATCt interference effects. CONTACT section. Members of the public Building Ground Floor, Room W12–140, • Dr. LaBerge and Mr. McCall to may present a written statement to the 1200 New Jersey Avenue, SE., provide Orville Nyhus with a schedule committee at any time. Washington, DC 20590. You may also for the FRAC process to be included in send comments electronically via the the minutes of the 3rd Meeting of SC– Issued in Washington, DC, on September Internet at http://www.regulations.gov. 222. 28, 2009. All comments will become part of this • Dr. LaBerge and Mr. McCall to Francisco Estrada C., docket and will be available for finalize details of the location of the RTCA Advisory Committee. inspection and copying at the above next meeting of SC–222 by August 1st. [FR Doc. E9–23894 Filed 10–2–09; 8:45 am] address between 10 a.m. and 5 p.m., • Working Papers, Discussions, and BILLING CODE 4910–13–P E.T., Monday through Friday, except Schedule Review regarding ATCt issues. Federal holidays. An electronic version

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of this document and all documents submission deadline for the IATA for the construction and mitigation entered into this docket is available on Schedules Conference for the Summer efforts. These meetings include the the World Wide Web at http:// 2010 scheduling season. FAA, the Port Authority of New York www.regulations.gov. SUPPLEMENTARY INFORMATION: The FAA and New Jersey, JFK air carrier FOR FURTHER INFORMATION CONTACT: has designated ORD as an IATA Level representatives, and other stakeholders. Joann Spittle, U.S. Department of 2, Schedules Facilitated Airport, and In light of reduced airport capacity Transportation, Maritime JFK and EWR as Level 3, Coordinated during the Summer 2010 scheduling Administration, 1200 New Jersey Airports. The scheduled operations at season, the FAA anticipates allocating Avenue, SE., Room W21–203, JFK and EWR are currently limited by Operating Authorizations only for Washington, DC 20590. Telephone 202– the FAA through orders that the FAA historic operations during peak hours. 366–5979. expects will continue to be in effect for Carriers seeking to initiate new peak- the Summer 2010 scheduling season.1 hour service at JFK should consider SUPPLEMENTARY INFORMATION: As The FAA is primarily concerned their alternatives or should utilize the described by the applicant the intended about planned operations during peak secondary market to obtain Operating service of the vessel FINNESSA is: hours, but carriers may submit schedule Authorizations from other carriers. Intended Commercial Use Of Vessel: plans for the entire day. At ORD, the ‘‘UPV 6 or less passengers, captained DATES: Schedules must be submitted no peak hours are 7 a.m. to 9 p.m. Central later than October 15, 2009. with focus on sailing for 3 or more Daylight Time (1200–0200 UTC) and at days.’’ EWR and JFK from 6 a.m. to 11 p.m. ADDRESSES: Schedules may be Geographic Region: ‘‘Alaska, Eastern Daylight Time (1000–0300 submitted by mail to the Slot Washington’’. UTC). Schedule information should Administration Office, AGC–240, Office Privacy Act include all planned commercial of the Chief Counsel, 800 Independence operations including passenger, charter, Ave., SW., Washington, DC 20591; Anyone is able to search the and cargo flights. Carriers must submit facsimile: 202–267–7277; ARINC: electronic form of all comments schedule information in sufficient detail DCAYAXD; or by e-mail to: 7-AWA- received into any of our dockets by the to include at minimum, the operating [email protected]. name of the individual submitting the carrier, flight number, scheduled time of comment (or signing the comment, if FOR FURTHER INFORMATION CONTACT: operation, frequency, and effective submitted on behalf of an association, James Tegtmeier, Associate Chief dates. The FAA encourages the use of business, labor union, etc.). You may Counsel for the Air Traffic Organization, IATA standard schedule information Office of the Chief Counsel, AGC–40, review DOT’s complete Privacy Act format and data elements in the IATA Statement in the Federal Register Federal Aviation Administration, 800 Standard Schedules Information Independence Avenue, SW., published on April 11, 2000 (Volume Manual. 65, Number 70; Pages 19477–78). Washington, DC 20591; telephone The U.S. summer scheduling season number: 202–267–8323; fax number: Dated: September 24, 2009. for these airports is from March 28, 202–267–7971; e-mail: By Order of the Maritime Administrator. 2010, through October 30, 2010, in [email protected]. Christine Gurland, recognition of the IATA scheduling season dates. The FAA understands Issued in Washington, DC on September Secretary, Maritime Administration. there may be differences from other 29, 2009. [FR Doc. E9–23878 Filed 10–2–09; 8:45 am] nations’ schedule season dates due to Rebecca B. MacPherson, BILLING CODE 4910–81–P different U.S. daylight saving time rules. Assistant Chief Counsel for Regulations. The FAA will accommodate these [FR Doc. E9–23892 Filed 10–2–09; 8:45 am] differences to the extent that it is BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION possible. Federal Aviation Administration JFK will have runway and airfield construction during the Summer 2010 Notice of Submission Deadline for scheduling season. As a result, the DEPARTMENT OF THE TREASURY Schedule Information for O’Hare primary departure runway 13R/31L will Submission for OMB Review; International Airport, John F. Kennedy be unavailable from March 1 until July Comment Request International Airport, and Newark 1, and it will not be fully available until mid-November. During this time, the Liberty International Airport for the September 29, 2009. Summer 2010 Scheduling Season FAA will use alternative runway configurations and procedures in order The Department of the Treasury will AGENCY: Department of Transportation, to reduce congestion and delays; submit the following public information Federal Aviation Administration (FAA). however, there will be operational collection requirement(s) to OMB for ACTION: Notice of submission deadline. impacts and additional delays under review and clearance under the certain conditions. During spring and Paperwork Reduction Act of 1995, SUMMARY: Under this notice, the FAA early summer, the closure of Runway Public Law 104–13 on or after the date announces the submission deadline of 13R/31L is expected to result in year- of publication of this notice. Copies of October 15, 2009, for Summer 2010 over-year delay increases. Modeling the submission(s) may be obtained by flight schedules at Chicago’s O’Hare suggests that peak hour spring delays calling the Treasury Bureau Clearance International Airport (ORD), New York’s will be similar to historic August levels. Officer listed. Comments regarding this John F. Kennedy International Airport Regular meetings are being held to plan information collection should be (JFK), and Newark Liberty International addressed to the OMB reviewer listed Airport (EWR) in accordance with the 1 Order Limiting Scheduled Operations at John F. and to the Treasury Department International Air Transport Association Kennedy International Airport, 73 FR 3,510 (Jan. 18, Clearance Officer, Department of the (IATA) Worldwide Scheduling 2008); 73 FR 8,737 (Feb. 14, 2008) (amendment to Treasury, Room 11000, and 1750 order). Order Limiting Scheduled Operations at Guidelines. The deadline of October 15, Newark Liberty International Airport, 73 Fed. Reg. Pennsylvania Avenue, NW., 2009, coincides with the schedule 29550 (May 21, 2008). Washington, DC 20220.

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DATES: Written comments should be Description: Form 8594 is used by the OMB Number: 1545–0945. received on or before November 4, 2009 buyer and seller of assets to which Type of Review: Extension. goodwill or going concern value can to be assured of consideration. Title: FI–255–82 (NPRM and attach to report the allocation of the Internal Revenue Service (IRS) Temporary) Registration Requirements purchase price among the transferred With Respect to Debt Obligations. OMB Number: 1545–1522. assets. Type of Review: Extension. Respondents: Businesses or other for- Description: The rule requires an Title: Revenue Procedure 2003–1 and profits. issuer of a registration-required Revenue Procedure 2003–3 26 CFR 601– Estimated Total Burden Hours: obligation and any person holding the .201 Rulings and Determination Letters. 219,462 hours. obligation as a nominee or custodian on Description: The information OMB Number: 1545–1833. behalf of another to maintain ownership requested in Revenue Procedure 2003– Type of Review: Extension. records in a manner which will permit 1 under sections 5.05, 6.07, 8.01, 8.02, Title: Revenue Procedure 2003–37, examination by the IRS in connection 8.03, 8.04, 8.05, 8.07, 9.01, 10.06, 10.07, Documentation Provisions for Certain with enforcement of the Internal 10.09, 11.01, 11.06, 11.07, 12.12, 13.02, Taxpayers Using the Fair Market Value Revenue laws. 15.02, 15.03, 15.07, 15.08, 15.09, and Method of Interest Expense Respondents: Businesses or other for- 15.11 paragraph (B)(1) of Appendix A, Apportionment. profits. Description: Revenue Procedure and Appendix C, and question 35 of Estimated Total Burden Hours: 50,000 2003–37 describes documentation and Appendix C, and in Revenue Procedure hours. 2003–3 under sections 3.01(29), 3.02(1) information a taxpayer that uses the fair market value method of apportionment Clearance Officer: R. Joseph Durbala, and (3), 4.01(26), and 4.02(1) and (7)(b) (202) 622–3634, Internal Revenue is required to enable the Internal of interest expense may prepare and make available to the Service upon Service, Room 6516, 1111 Constitution Revenue Service to give advice on filing request in order to establish the fair Avenue, NW., Washington, DC 20224. letter ruling and determination letter market value of the taxpayer’s assets to OMB Reviewer: Shagufta Ahmed, requests and to process such requests. the satisfaction of the Commissioner as (202) 395–7873, Office of Management Respondents: Businesses or other for- required by Sec. 1.861–9T(g)(1)(iii). It and Budget, Room 10235, New profits. also sets forth the procedures to be Executive Office Building, Washington, Estimated Total Burden Hours: followed in the case of elections to use DC 20503. 513,150 hours. the fair market value method. OMB Number: 1545–1021. Respondents: Businesses or other for- Celina Elphage, Type of Review: Extension. profits. Treasury PRA Clearance Officer. Form: 8594. Estimated Total Burden Hours: 625 [FR Doc. E9–23847 Filed 10–2–09; 8:45 am] Title: Asset Acquisition Statement. hours. BILLING CODE 4830–01–P

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Reader Aids Federal Register Vol. 74, No. 191 Monday, October 5, 2009

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

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. 26 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 1...... 50705 602...... 50705 The United States Government Manual 741–6000 8424...... 50671 Executive Orders: Proposed Rules: Other Services 13511...... 50909 1...... 50758 Electronic and on-line services (voice) 741–6020 13512...... 50911 29 CFR Privacy Act Compilation 741–6064 Administrative Orders: Public Laws Update Service (numbers, dates, etc.) 741–6043 Presidential Proposed Rules: TTY for the deaf-and-hard-of-hearing 741–6086 Determinations: 501...... 50929 No. 2009-31 of 780...... 50929 September 29, 788...... 50929 ELECTRONIC RESEARCH 2009 ...... 50913 33 CFR World Wide Web 5 CFR 117...... 50706, 51077 Full text of the daily Federal Register, CFR and other publications 165...... 50706, 50922 is located at: http://www.gpoaccess.gov/nara/index.html 2411...... 50673 Federal Register information and research tools, including Public 6 CFR 36 CFR Inspection List, indexes, and links to GPO Access are located at: 5...... 50902 Ch. XII...... 51004 http://www.archives.gov/federallregister Proposed Rules: E-mail 7 CFR 7...... 51099 354...... 50915 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 38 CFR an open e-mail service that provides subscribers with a digital 981...... 50681 form of the Federal Register Table of Contents. The digital form 1205...... 51069 Proposed Rules: of the Federal Register Table of Contents includes HTML and 1209...... 50915 36...... 51103 PDF links to the full text of each document. Proposed Rules: 1205...... 51094 39 CFR To join or leave, go to http://listserv.access.gpo.gov and select 3020...... 50708, 51078 Online mailing list archives, FEDREGTOC-L, Join or leave the list 9 CFR (or change settings); then follow the instructions. Proposed Rules: 40 CFR PENS (Public Law Electronic Notification Service) is an e-mail 2...... 50738 Proposed Rules: service that notifies subscribers of recently enacted laws. 52...... 50930, 50936 12 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 55...... 50939 1212...... 51073 and select Join or leave the list (or change settings); then follow 42 CFR the instructions. Proposed Rules: 327...... 51062, 51063 412...... 50712 FEDREGTOC-L and PENS are mailing lists only. We cannot 985...... 50926 respond to specific inquiries. 989...... 50926 44 CFR Reference questions. Send questions and comments about the 1273...... 50926 64...... 51082 Federal Register system to: [email protected] 1274...... 50926 46 CFR The Federal Register staff cannot interpret specific documents or 14 CFR regulations. 501...... 50713 39 ...... 50683, 50686, 50688, 502...... 50713 Reminders. Effective January 1, 2009, the Reminders, including 50690, 50692 503...... 50713 Rules Going Into Effect and Comments Due Next Week, no longer 73...... 51076 504...... 50713 appear in the Reader Aids section of the Federal Register. This 95...... 50920 506...... 50713 information can be found online at http://www.regulations.gov. 97...... 50696, 50698 508...... 50713 CFR Checklist. Effective January 1, 2009, the CFR Checklist no Proposed Rules: 515...... 50713 longer appears in the Federal Register. This information can be 25...... 50926 520...... 50713 found online at http://bookstore.gpo.gov/. 71...... 50928, 51098 525...... 50713 530...... 50713 15 CFR FEDERAL REGISTER PAGES AND DATE, OCTOBER 531...... 50713 902...... 50699 535...... 50713 50671–50910...... 1 Proposed Rules: 540...... 50713 50911–51068...... 2 922...... 50740 545...... 50713 51069–51220...... 5 550...... 50713 20 CFR 551...... 50713 Proposed Rules: 555...... 50713 655...... 50929 560...... 50713 565...... 50713 21 CFR Proposed Rules: 47 CFR 4...... 50744, 51099 73...... 50735

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48 CFR Office, Washington, DC 20402 (phone, 202–512–1808). The Proposed Rules: LIST OF PUBLIC LAWS 9...... 51112 text will also be made Public Laws Electronic available on the Internet from 12...... 51112 This is a continuing list of Notification Service GPO Access at http:// public bills from the current (PENS) 52...... 51112 www.gpoaccess.gov/plaws/ session of Congress which index.html. Some laws may have become Federal laws. It 49 CFR not yet be available. may be used in conjunction PENS is a free electronic mail 665...... 51083 with ‘‘P L U S’’ (Public Laws H.R. 2918/P.L. 111–68 notification service of newly Update Service) on 202–741– Making appropriations for the enacted public laws. To 6043. This list is also 50 CFR Legislative Branch for the subscribe, go to http:// available online at http:// fiscal year ending September listserv.gsa.gov/archives/ 32...... 50736 www.archives.gov/federal- 30, 2010, and for other publaws-l.html 622...... 50699 register/laws.html. purposes. (Oct. 1, 2009; 123 648...... 51092 The text of laws is not Stat. 2023) Note: This service is strictly 679...... 50737 published in the Federal H.R. 3607/P.L. 111–69 for E-mail notification of new Proposed Rules: Register but may be ordered Fiscal Year 2010 Federal laws. The text of laws is not 648...... 50759 in ‘‘slip law’’ (individual Aviation Administration available through this service. 665...... 50944 pamphlet) form from the Extension Act (Oct. 1, 2009; PENS cannot respond to Superintendent of Documents, 123 Stat. 2054) specific inquiries sent to this U.S. Government Printing Last List October 2, 2009 address.

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