9–18–09 Friday Vol. 74 No. 180 Sept. 18, 2009

Pages 47871–47998

VerDate Nov 24 2008 17:36 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\18SEWS.LOC 18SEWS mstockstill on DSKH9S0YB1PROD with FEDREGWS II Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office of the Federal Register, National Archives and Records PUBLIC Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published by act of Congress, and other Federal agency documents of public Subscriptions: interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents FEDERAL REGISTER WORKSHOP currently on file for public inspection, see www.federalregister.gov. The seal of the National Archives and Records Administration THE FEDERAL REGISTER: WHAT IT IS AND HOW TO USE IT authenticates the Federal Register as the official serial publication FOR: Any person who uses the Federal Register and Code of established under the Federal Register Act. Under 44 U.S.C. 1507, Federal Regulations. the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. WHO: Sponsored by the Office of the Federal Register. It is also available online at no charge as one of the databases WHAT: Free public briefings (approximately 3 hours) to present: on GPO Access, a service of the U.S. Government Printing Office. 1. The regulatory process, with a focus on the Federal The online edition of the Federal Register www.gpoaccess.gov/ Register system and the public’s role in the develop- nara, available through GPO Access, is issued under the authority of the Administrative Committee of the Federal Register as the ment of regulations. official legal equivalent of the paper and microfiche editions (44 2. The relationship between the Federal Register and U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day Code of Federal Regulations. the Federal Register is published and includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. 3. The important elements of typical Federal Register doc- uments. For more information about GPO Access, contact the GPO Access User Support Team, call toll free 1-888-293-6498; DC area 202- 4. An introduction to the finding aids of the FR/CFR sys- 512-1530; fax at 202-512-1262; or via e-mail at [email protected]. tem. The Support Team is available between 7:00 a.m. and 9:00 p.m. WHY: To provide the public with access to information nec- Eastern Time, Monday–Friday, except official holidays. essary to research Federal agency regulations which di- The annual subscription price for the Federal Register paper rectly affect them. There will be no discussion of spe- edition is $749 plus postage, or $808, plus postage, for a combined cific agency regulations. Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal llllllllllllllllll Register including the Federal Register Index and LSA is $165, plus postage. Six month subscriptions are available for one-half WHEN: Tuesday, October 20, 2009 the annual rate. The prevailing postal rates will be applied to 9 a.m.–12:30 p.m. orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, WHERE: Office of the Federal Register is based on the number of pages: $11 for an issue containing Conference Room, Suite 700 less than 200 pages; $22 for an issue containing 200 to 400 pages; 800 North Capitol Street, NW. and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, Washington, DC 20002 including postage. Remit check or money order, made payable RESERVATIONS: (202) 741–6008 to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Printing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1- 866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 74 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

.

VerDate Nov 24 2008 17:36 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\18SEWS.LOC 18SEWS mstockstill on DSKH9S0YB1PROD with FEDREGWS III

Contents Federal Register Vol. 74, No. 180

Friday, September 18, 2009

Agriculture Department Certificates of Alternative Compliance: See Forest Service Offshore Supply Vessel ACO LANDRY A GALIANO, See Rural Utilities Service 47951 NOTICES Offshore Supply Vessel BAYOU BEE, 47950–47951 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47913 Commerce Department See Census Bureau Alcohol and Tobacco Tax and Trade Bureau See Economics and Statistics Administration NOTICES See Foreign–Trade Zones Board Agency Information Collection Activities; Proposals, See Industry and Security Bureau Submissions, and Approvals, 47990–47993 See International Trade Administration See National Oceanic and Atmospheric Administration Army Department NOTICES See Engineers Corps Meetings: NOTICES National Webinar for Industry on Climate Change Exclusive, Partially Exclusive, or Non-exclusive Licenses: Negotiations under the United Nations Framework Availability of a Journal Bearing Analysis Suite Computer Convention on Climate Change, 47915 Modeling Code, 47928 Meetings: Committee for Purchase From People Who Are Blind or Advisory Committee, 47929 Severely Disabled Non-Exclusive, Exclusive, or Partially Exclusive Licensing NOTICES of U.S. Provisional Patent Application: Procurement List; Additions and Deletions, 47926–47927 Novel Use and Method of Rapamycin to Treat Toxic Shock, 47929–47930 Defense Department See Army Department Blind or Severely Disabled, Committee for Purchase From See Engineers Corps People Who Are See Committee for Purchase From People Who Are Blind or Drug Enforcement Administration Severely Disabled NOTICES Importer of Controlled Substances; Applications, 47961 Census Bureau Importer of Controlled Substances; Registration, 47961– NOTICES 47962 Agency Information Collection Activities; Proposals, Manufacturer of Controlled Substances; Application, 47962 Submissions, and Approvals, 47917–47918 Manufacturer of Controlled Substances; Registration, Request for Nominations of Member Organizations to Serve 47962–47963 on 2010 Census Advisory Committee, 47924–47925 Economics and Statistics Administration Centers for Medicare & Medicaid Services NOTICES NOTICES Performance Review Board Membership, 47924 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47945–47946 Education Department NOTICES Children and Families Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 47930–47932 Statement of Organization, Functions, and Delegations of Request for Nominations: Authority, 47949 Committee on Measures of Student Success, 47932 National Board of the Fund for the Improvement of Coast Guard Postsecondary Education, 47932–47933 RULES National Committee on Foreign Medical Education and Safety Zones: Accreditation, 47933 Cape Charles Tomato Festival Fireworks Event, Chesapeake Bay, Cape Charles, VA, 47871–47873 Election Assistance Commission Naval Training October and November; San Clemente NOTICES Island, CA, 47875–47877 Meetings; Sunshine Act, 47933–47934 October and November Training; Northwest Harbor, San Clemente Island, CA, 47873–47875 Employee Benefits Security Administration PROPOSED RULES NOTICES Anchorage Regulations: Proposed Individual Exemption: Port of New York, 47906–47910 General Motors Corp; Detroit MI, 47963–47974 NOTICES Agency Information Collection Activities; Proposals, Energy Department Submissions, and Approvals, 47949–47950 See Federal Energy Regulatory Commission

VerDate Nov<24>2008 17:38 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\18SECN.SGM 18SECN mstockstill on DSKH9S0YB1PROD with FEDREGCN IV Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Contents

Engineers Corps Meetings: NOTICES Mandatory Reliability Standards For the Bulk-Power Environmental Impact Statements; Availability, etc.: System, 47938–47939 Chesapeake Bay Oyster Recovery Project, Virginia & Transmission Planning Processes (Under Order No. 890); Maryland, 47927–47928 Technical Conference, 47939 Meetings: Records Governing Off-the-Record Communications, 47940 Estuary Habitat Restoration Council, 47928 Request Under Blanket Authorization: North Dakota River Task Force, 47929 National Fuel Gas Supply Corp., 47941 Tennessee Gas Pipeline Co., 47940–47941 Environmental Protection Agency Supplemental Onsite Environmental Review: RULES LNG Development Company, LLC et al., 47941 Approval and Promulgation of State Implementation Plans: State of Colorado; Revisions to the Denver Emergency Federal Highway Administration Episode Plan, 47888–47891 NOTICES Pesticide Tolerances: Agency Information Collection Activities; Proposals, Tembotrione, 47891–47894 Submissions, and Approvals, 47986–47987 Significant New Use Rules on Certain Chemical Substances, Final Federal Agency Actions on Proposed Highway in 47877–47888 California, 47990 PROPOSED RULES Approval and Promulgation of State Implementation Plans: Federal Motor Carrier Safety Administration State of Colorado; Revisions to the Denver Emergency PROPOSED RULES Episode Plan, 47910–47911 Fees for the Unified Carrier Registration Plan and NOTICES Agreement, 47911–47912 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47942–47943 Federal Reserve System Environmental Impact Statements; Availability, etc.: NOTICES Comments Availability, 47943 Change in Bank Control; Acquisition of Shares of Bank or Weekly Receipt, 47943–47944 Bank Holding Companies, 47944 Executive Office of the President See Presidential Documents Federal Transit Administration See Trade Representative, Office of United States NOTICES Environmental Impact Statements; Availability, etc.: Federal Aviation Administration Anaheim, Orange County, CA, 47987–47989 PROPOSED RULES Airworthiness Directives: Food and Drug Administration Boeing Model 747–100, et al. Series Airplanes NOTICES Equipped with General Electric CF6–45 or –50 Draft Guidance for Industry: Series Engines or Pratt & Whitney JT9D–3 or –7 Clinical Considerations for Therapeutic Cancer Vaccines; (Excluding –70) Series Engines, 47897–47900 Availability, 47947–47948 McDonnell Douglas Model MD–11 and MD–11F Meetings: Airplanes, 47900–47902 Preparation for International Conference on Harmonization; Public Meeting, 47948–47949 Federal Communications Commission RULES Foreign Assets Control Office Radio Broadcasting Services: NOTICES Batesville, TX, 47896 Unblocking of Specially Designated Nationals and Blocked Telecommunications Relay Services and Speech-to-Speech Persons Pursuant to Executive Order (12978), 47993– Services for Individuals with Hearing and Speech 47994 Disabilities: E911 Requirements for IP-Enabled Service Providers, Foreign–Trade Zones Board 47894–47896 NOTICES Application for Expansion: Federal Energy Regulatory Commission Foreign–Trade Zone 272 – Lehigh Valley, PA, 47920– NOTICES 47921 Applications: Application for Subzone Authority: ETC Tiger Pipeline, LLC, 47934–47935 ThyssenKrupp Steel and Stainless USA, 47921 Sierra Energy Co., 47935 Three Rivers Park District et al., 47934 Forest Service Complaint: NOTICES Buckeye Power, Inc. etc., 47936 Meetings: Effectiveness Exempt Wholesale Generator Status: Eastern Washington Cascades Provincial Advisory EC and R Papalote Creek I, LLC, et al., 47936–47937 Committee and the Yakima Provincial Advisory Environmental Impact Statements; Availability, etc.: Committee, 47915 Texas Eastern Transmission, LP, 47937–47938 Federal Power Act: Health and Human Services Department Southwest Power Pool, Inc, 47938 See Centers for Medicare & Medicaid Services Filings: See Children and Families Administration Green Energy Express LLC, 47938 See Food and Drug Administration

VerDate Nov<24>2008 17:38 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\18SECN.SGM 18SECN mstockstill on DSKH9S0YB1PROD with FEDREGCN Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Contents V

See Health Resources and Services Administration National Oceanic and Atmospheric Administration See National Institutes of Health NOTICES NOTICES Amended Application: Agency Information Collection Activities; Proposals, Marine Mammals (File No. 13430), 47918–47919 Submissions, and Approvals, 47944–47945 Meetings: New England Fishery Management Council, 47923–47924 Health Resources and Services Administration Pacific Fishery Management Council, 47924 NOTICES Taking and Importing Marine Mammals: Availability of Draft Policy Documents for Comment, 47947 Taking Marine Mammals Incidental to the Port of Anchorage Marine Terminal Redevelopment Project, Homeland Security Department 47925–47926 See Coast Guard National Park Service Housing and Urban Development Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Federal Property Suitable as Facilities to Assist the Submissions, and Approvals, 47955–47956 Homeless, 47951–47952 Environmental Impact Statements; Availability, etc.: Funding Awards: Establishment of Martin Luther King Jr. Memorial, 47956 Alaska Native/Native Hawaiian Institutions Assisting National Register of Historic Places: Communities Program (Fiscal Year 2009), 47952 Notification of Pending Nominations and Related Office of Healthy Homes and Lead Hazard Control Grant Actions, 47956–47957 Programs (Fiscal Year 2008) , 47952–47954 Weekly Listing of Historic Properties, 47957–47958 Tribal Colleges and Universities Program (Fiscal Year 2009), 47954–47955 National Science Foundation NOTICES Industry and Security Bureau Meetings; Sunshine Act, 47974–47975 NOTICES Action Affecting Export Privileges: Nuclear Regulatory Commission Mahan Airways, 47915–47917 NOTICES Environmental Impact Statements; Availability, etc.: Interior Department Johnson & Johnson Pharmaceutical Research and See National Park Service Development, L.L.C., Raritan, NJ, 47975–47976 Exemption from Specific Import License Requirements, International Trade Administration 47976–47977 Issuance of Regulatory Guide, 47977–47978 NOTICES Proposed Standard Review Plan: Antidumping: Branch Technical Position 18–1, on Guidance for Ball Bearings and Parts Thereof from France, 47920 Evaluating Minimum Inventory of Alarms, Certain Polyester Staple Fiber from the Republic of Controls, and Displays for New Light Water Korea, 47919 Reactor Plant Designs, 47978 Wooden Bedroom Furniture from the People’s Republic Request for a License to Export Radioactive Waste, 47978– of China, 47919 47979 Countervailing Duty: Ni–Resist Piston Inserts from Argentina, 47922–47923 Office of United States Trade Representative Welded Carbon Steel Standard Pipe and Tube from See Trade Representative, Office of United States Turkey, 47921–47922 Pension Benefit Guaranty Corporation Justice Department NOTICES See Drug Enforcement Administration Approval of Amendment to Special Withdrawal Liability See Justice Programs Office Rules: NOTICES Service Employees International Union Local 1 Pension Agency Information Collection Activities; Proposals, Trust Fund, 47979–47981 Submissions, and Approvals, 47958–47960 Personnel Management Office Justice Programs Office NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47981–47982 Submissions, and Approvals, 47960–47961 Presidential Documents Labor Department PROCLAMATIONS See Employee Benefits Security Administration Special Observances: National Hispanic Heritage Month (Proc. 8417), 47995– National Institutes of Health 47998 NOTICES Agency Information Collection Activities; Proposals, Rural Utilities Service Submissions, and Approvals, 47946–47947 NOTICES Meetings: Agency Information Collection Activities; Proposals, National Cancer Institute, 47949 Submissions, and Approvals, 47913–47914

VerDate Nov<24>2008 17:38 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\18SECN.SGM 18SECN mstockstill on DSKH9S0YB1PROD with FEDREGCN VI Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Contents

Small Business Administration See Surface Transportation Board NOTICES PROPOSED RULES Disaster Declarations: Nondiscrimination on the Basis of Disability in Air Travel, Michigan, 47982 47902–47906

State Department Treasury Department NOTICES See Alcohol and Tobacco Tax and Trade Bureau Agency Information Collection Activities; Proposals, See Foreign Assets Control Office Submissions, and Approvals, 47982–47983 Culturally Significant Objects Imported for Exhibition Veterans Affairs Department Determinations: NOTICES Falnama: The Book of Omens, 47983 Meetings: National Research Advisory Council, 47994 Surface Transportation Board NOTICES Acquisition of Control: Separate Parts In This Issue Stagecoach Group PLC and Coach USA, Inc., et al.; Twin America, LLC, 47985–47986 Part II Presidential Documents, 47995–47998 Trade Representative, Office of United States NOTICES Generalized System of Preferences (GSP): Initiation of a Review to Consider the Designation of the Reader Aids Republic of Maldives as a Beneficiary Developing Consult the Reader Aids section at the end of this page for Country, 47983–47985 phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Transportation Department To subscribe to the Federal Register Table of Contents See Federal Aviation Administration LISTSERV electronic mailing list, go to http:// See Federal Highway Administration listserv.access.gpo.gov and select Online mailing list See Federal Motor Carrier Safety Administration archives, FEDREGTOC-L, Join or leave the list (or change See Federal Transit Administration settings); then follow the instructions.

VerDate Nov<24>2008 17:38 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\18SECN.SGM 18SECN mstockstill on DSKH9S0YB1PROD with FEDREGCN Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 8417...... 47997 14 CFR Proposed Rules: 39 (2 documents) ...... 47897, 47900 382...... 47902 33 CFR 165 (3 documents) ...... 47871, 47873, 47875 Proposed Rules: 110...... 47906 40 CFR 9...... 47877 52...... 47888 180...... 47891 721...... 47877 Proposed Rules: 52...... 47910 47 CFR 64...... 47894 73...... 47896 49 CFR Proposed Rules: 367...... 47911

VerDate Nov 24 2008 17:36 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\18SELS.LOC 18SELS mstockstill on DSKH9S0YB1PROD with FEDREGLS 47871

Rules and Regulations Federal Register Vol. 74, No. 180

Friday, September 18, 2009

This section of the FEDERAL REGISTER rule, call or e-mail LT Tiffany Duffy, Executive Order 12866, Regulatory contains regulatory documents having general Chief Waterways Management Division, Planning and Review, and does not applicability and legal effect, most of which Sector Hampton Roads, Coast Guard, require an assessment of potential costs are keyed to and codified in the Code of telephone 757–668–5580, e-mail and benefits under section 6(a)(3) of that Federal Regulations, which is published under [email protected]. If you have 50 titles pursuant to 44 U.S.C. 1510. Order. The Office of Management and questions on viewing the docket, call Budget has not reviewed it under that The Code of Federal Regulations is sold by Renee V. Wright, Program Manager, Order. Although this regulation restricts the Superintendent of Documents. Prices of Docket Operations, telephone 202–366– access to the safety zone, the effect of new books are listed in the first FEDERAL 9826. this rule would not be significant REGISTER issue of each week. SUPPLEMENTARY INFORMATION: because: (i) The safety zone will be in Regulatory Information effect for a limited duration; (ii) the zone would be of limited size; and (iii) DEPARTMENT OF HOMELAND On July 20, 2009, we published a the Coast Guard would make notice of proposed rulemaking (NPRM) SECURITY notifications via maritime advisories so entitled Cape Charles Tomato Festival, mariners can adjust their plans Coast Guard Chesapeake Bay, Cape Charles, VA in accordingly. the Federal Register (74 FR 137). We 33 CFR Part 165 received no comments on the proposed Small Entities [Docket No. USCG–2009–0529] rule. No public meeting was requested, and none was held. Under the Regulatory Flexibility Act RIN 1625–AA00 (5 U.S.C. 601–612), we have considered Background and Purpose Safety Zone; Cape Charles Tomato whether this rule would have a Festival Fireworks Event, Chesapeake Coast Guard Sector Hampton Roads significant economic impact on a Bay, Cape Charles, VA has been notified that the Cape Charles substantial number of small entities. Renewal Project will sponsor a The term ‘‘small entities’’ comprises AGENCY: Coast Guard, DHS. fireworks display on the Chesapeake small businesses, not-for-profit ACTION: Temporary final rule. Bay shoreline centered on position organizations that are independently 37°15′46″ N/076°01′30″ W (NAD 1983) SUMMARY: The Coast Guard is owned and operated and are not establishing a 280-foot radius safety on September 26, 2009. Due to the need dominant in their fields, and zone on the Chesapeake Bay in the to protect mariners and spectators from governmental jurisdictions with vicinity of the Cape Charles Town the hazards associated with the populations of less than 50,000. fireworks display, the United States Harbor, Cape Charles, VA in support of The Coast Guard certifies under 5 the Cape Charles Tomato Festival Coast Guard will restrict access within 280 feet of the fireworks launch area. U.S.C. 605(b) that this rule will not have Fireworks event. This action will a significant economic impact on a protect mariners from the hazards Discussion of Rule substantial number of small entities. associated with fireworks displays by The Coast Guard is establishing a This rule will affect the following restricting vessel traffic movement in safety zone on the navigable waters of entities, some of which may be small the vicinity of the event. the Chesapeake Bay within 280 feet of entities: owners and operators of vessels DATES: This rule is effective on position 37°15′46″ N/076°01′30″ W intending to transit or anchor in that September 26, 2009 from 8 p.m. to 8:30 (NAD 1983). This safety zone will be portion of the Chesapeake Bay from 8 p.m. established in the vicinity of the Cape p.m until 8:30 p.m. on September 26, ADDRESSES: Comments and material Charles Town Harbor, Cape Charles, VA 2009. The safety zone will not have a received from the public, as well as on September 26, 2009. In the interest significant economic impact on a documents mentioned in this preamble of public safety, access to the safety substantial number of small entities for as being available in the docket, are part zone will be restricted from 8 p.m. to the following reasons. The safety zone of docket USCG–2009–0529 and are 8:30 p.m. on September 26, 2009. will only be in place for a limited available online by going to http:// Except for participants and vessels www.regulations.gov, selecting the duration. The safety zone will be of authorized by the Coast Guard Captain limited size. Maritime advisories will be Advanced Docket Search option on the of the Port or his representative, no right side of the screen, inserting USCG– issued allowing the mariners to adjust person or vessel will be authorized to their plans accordingly. Furthermore, 2009–0529 in the Docket ID box, enter or remain in the regulated area. pressing Enter, and then clicking on the since the safety zone will apply to only item in the Docket ID column. This Regulatory Analyses a small portion of the Chesapeake Bay, there will be adequate space for material is also available for inspection We developed this rule after mariners to safely transit around the or copying at the Docket Management considering numerous statutes and zone. Facility (M–30), U.S. Department of executive orders related to rulemaking. Transportation, West Building Ground Below we summarize our analyses Assistance for Small Entities Floor, Room W12–140, 1200 New Jersey based on 13 of these statutes or Avenue, SE., Washington, DC 20590, executive orders. Under section 213(a) of the Small between 9 a.m. and 5 p.m., Monday Business Regulatory Enforcement through Friday, except Federal holidays. Regulatory Planning and Review Fairness Act of 1996 (Pub. L. 104–121), FOR FURTHER INFORMATION CONTACT: If This rule is not a significant in the NPRM we offered to assist small you have questions on this temporary regulatory action under section 3(f) of entities in understanding the rule so

VerDate Nov<24>2008 16:27 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES 47872 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations

that they could better evaluate its effects Protection of Children Commandant Instruction M16475.lD, on them and participate in the We have analyzed this rule under which guide the Coast Guard in rulemaking process. Executive Order 13045, Protection of complying with the National Small businesses may send comments Children from Environmental Health Environmental Policy Act of 1969 on the actions of Federal employees Risks and Safety Risks. This rule is not (NEPA) (42 U.S.C. 4321–4370f), and who enforce, or otherwise determine an economically significant rule and have concluded this action is one of a compliance with, Federal regulations to does not create an environmental risk to category of actions which do not the Small Business and Agriculture health or risk to safety that may individually or cumulatively have a Regulatory Enforcement Ombudsman disproportionately affect children. significant effect on the human and the Regional Small Business environment. This rule is categorically Regulatory Fairness Boards. The Indian Tribal Governments excluded, under figure 2–1, paragraph Ombudsman evaluates these actions This rule does not have tribal (34)(g), of the Instruction. This rule annually and rates each agency’s implications under Executive Order involves establishing a safety zone responsiveness to small business. If you 13175, Consultation and Coordination around a fireworks display. The wish to comment on actions by with Indian Tribal Governments, fireworks will be launched from a land employees of the Coast Guard, call 1– because it does not have a substantial area; however some fallout debris, to 888–REG–FAIR (1–888–734–3247). The direct effect on one or more Indian include live fireworks or hot embers, Coast Guard will not retaliate against tribes, on the relationship between the may enter the water within a 280 foot small entities that question or complain Federal Government and Indian tribes, radius of the launching site. This zone about this rule or any policy or action or on the distribution of power and is designed to protect the maritime of the Coast Guard. responsibilities between the Federal public from the hazards associated with Government and Indian tribes. fireworks displays. An environmental Collection of Information Energy Effects analysis checklist and a categorical This rule calls for no new collection exclusion determination are available in of information under the Paperwork We have analyzed this rule under the docket where indicated under Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions ADDRESSES. 3520). Concerning Regulations That Significantly Affect Energy Supply, List of Subjects in 33 CFR Part 165 Federalism Distribution, or Use. We have Harbors, Marine safety, Navigation A rule has implications for federalism determined that it is not a ‘‘significant (water), Reporting and recordkeeping under Executive Order 13132, energy action’’ under that order because requirements, Security measures, Federalism, if it has a substantial direct it is not a ‘‘significant regulatory action’’ Waterways. effect on State or local governments and under Executive Order 12866 and is not ■ For the reasons discussed in the would either preempt State law or likely to have a significant adverse effect preamble, the Coast Guard amends 33 impose a substantial direct cost of on the supply, distribution, or use of CFR part 165 as follows: compliance on them. We have analyzed energy. The Administrator of the Office this rule under that Order and have of Information and Regulatory Affairs PART 165—REGULATED NAVIGATION determined that it does not have has not designated it as a significant AREAS AND LIMITED ACCESS AREAS implications for federalism. energy action. Therefore, it does not require a Statement of Energy Effects ■ 1. The authority citation for part 165 Unfunded Mandates Reform Act under Executive Order 13211. continues to read as follows: The Unfunded Mandates Reform Act Technical Standards Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. of 1995 (2 U.S.C. 1531–1538) requires Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Federal agencies to assess the effects of The National Technology Transfer 33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5; their discretionary regulatory actions. In and Advancement Act (NTTAA) (15 Pub. L. 107–295, 116 Stat. 2064; Department particular, the Act addresses actions U.S.C. 272 note) directs agencies to use of Homeland Security Delegation No. 0170.1. that may result in the expenditure by a voluntary consensus standards in their ■ 2. Add temporary § 165.T05–0529, to State, local, or tribal government, in the regulatory activities unless the agency read as follows: aggregate, or by the private sector of provides Congress, through the Office of $100,000,000 or more in any one year. Management and Budget, with an § 165.T05–0529 Safety Zone: Cape Charles Though this rule will not result in such explanation of why using these Tomato Festival Fireworks Event, an expenditure, we do discuss the standards would be inconsistent with Chesapeake Bay, Cape Charles, VA. effects of this rule elsewhere in this applicable law or otherwise impractical. (a) Regulated Area. The following area preamble. Voluntary consensus standards are is a safety zone: All navigable waters technical standards (e.g., specifications within 280 feet of position 37°15′46″ N/ Taking of Private Property of materials, performance, design, or 076°01′30″ W (NAD 1983), in the This rule will not effect a taking of operation; test methods; sampling vicinity of the Cape Charles Town private property or otherwise have procedures; and related management Harbor in Cape Charles, VA. taking implications under Executive systems practices) that are developed or (b) Definitions. As used in this Order 12630, Governmental Actions and adopted by voluntary consensus section, Captain of the Port Interference with Constitutionally standards bodies. This rule does not use Representative means any U.S. Coast Protected Property Rights. technical standards. Therefore, we did Guard commissioned, warrant or petty not consider the use of voluntary officer who has been authorized by the Civil Justice Reform consensus standards. Captain of the Port, Hampton Roads, This rule meets applicable standards Virginia to act on his behalf. in sections 3(a) and 3(b)(2) of Executive Environment (c) Regulations: (1) In accordance with Order 12988, Civil Justice Reform, to We have analyzed this rule under the general regulations in § 165.23 of minimize litigation, eliminate Department of Homeland Security this part, entry into this zone is ambiguity, and reduce burden. Management Directive 023–01 and prohibited unless authorized by the

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations 47873

Captain of the Port, Hampton Roads or DATES: This rule is effective from underwater throughout October and his designated representatives. October 1, 2009 through November 30, November 2009. This safety zone is (2) The operator of any vessel in the 2009. necessary to ensure non-authorized immediate vicinity of this safety zone ADDRESSES: Documents indicated in this personnel and vessels remain safe by shall: preamble as being available in the keeping clear of the hazardous area (i) Stop the vessel immediately upon docket are part of docket USCG–2009– during the training activity. being directed to do so by any 0747 and are available online by going Discussion of Rule commissioned, warrant or petty officer to http://www.regulations.gov, inserting on shore or on board a vessel that is USCG–2009–0747 in the ‘‘Keyword’’ The Coast Guard is establishing a displaying a U.S. Coast Guard Ensign. box, and then clicking ‘‘Search.’’ They safety zone that will be enforced from (ii) Proceed as directed by any are also available for inspection or October 1, 2009 through November 30, commissioned, warrant or petty officer copying at the Docket Management 2009. The limits of the safety zone will on shore or on board a vessel that is Facility (M–30), U.S. Department of be the navigable waters of the Northwest displaying a U.S. Coast Guard Ensign. Transportation, West Building Ground Harbor of San Clemente Island bounded (3) The Captain of the Port, Hampton by the following coordinates: 33°02′06″ Floor, Room W12–140, 1200 New Jersey ° ′ ″ ° ′ ″ Roads and the Sector Duty Officer at Avenue, SE., Washington, DC 20590, N, 118 35 36 W; 33 02 00 N, Sector Hampton Roads in Portsmouth, 118°34′36″ W; thence along San between 9 a.m. and 5 p.m., Monday ° ′ ″ Virginia can be contacted at telephone through Friday, except Federal holidays. Clemente Island shoreline to 33 02 06 N, 118°35′36″ W. This safety zone is number (757) 668–5555. FOR FURTHER INFORMATION CONTACT: If necessary to ensure non-authorized (4) The Captain of the Port you have questions on this temporary personnel and vessels remain safe by Representative enforcing the safety zone rule, call or e-mail Petty Officer Kristen keeping clear of the hazardous area can be contacted on VHF–FM marine Beer, Waterways Management, U.S. during the training activities. Persons band radio, channel 13 (156.65Mhz) and Coast Guard Sector San Diego, Coast and vessels are prohibited from entering channel 16 (156.8Mhz). Guard; telephone 619–278–7262, e-mail into, transiting through, or anchoring (d) Enforcement Period. This rule is [email protected]. If you have within this safety zone unless effective on September 26, 2009 from 8 questions on viewing the docket, call authorized by the Captain of the Port, or p.m. to 8:30 p.m. Renee V. Wright, Program Manager, his designated representative. Dated: August 24, 2009. Docket Operations, telephone 202–366– M.S. Ogle, 9826. Regulatory Analyses Captain, U.S. Coast Guard, Captain of the SUPPLEMENTARY INFORMATION: We developed this rule after Port Hampton Roads. Regulatory Information considering numerous statutes and [FR Doc. E9–22458 Filed 9–17–09; 8:45 am] executive orders related to rulemaking. BILLING CODE 4910–15–P The Coast Guard is issuing this Below we summarize our analyses temporary final rule without prior based on 13 of these statutes or notice and opportunity to comment executive orders. DEPARTMENT OF HOMELAND pursuant to authority under section 4(a) SECURITY of the Administrative Procedure Act Regulatory Planning and Review (APA) (5 U.S.C. 553(b)). This provision This rule is not a significant Coast Guard authorizes an agency to issue a rule regulatory action under section 3(f) of without prior notice and opportunity to Executive Order 12866, Regulatory 33 CFR Part 165 comment when the agency for good Planning and Review, and does not cause finds that those procedures are require an assessment of potential costs [Docket No. USCG–2009–0747] ‘‘impracticable, unnecessary, or contrary and benefits under section 6(a)(3) of that to the public interest.’’ Under 5 U.S.C. RIN 1625–AA00 Order. The Office of Management and 553(b)(B), the Coast Guard finds that Budget has not reviewed it under that Safety Zone; San Clemente Island good cause exists for not publishing a Order. Northwest Harbor October and notice of proposed rulemaking (NPRM) We expect the economic impact of November Training; Northwest Harbor, with respect to this rule because this rule to be so minimal that a full San Clemente Island, CA immediate action is necessary to ensure Regulatory Evaluation is unnecessary. the safety of commercial and This determination is based on the size AGENCY: Coast Guard, DHS. recreational vessels in the vicinity of and location of the safety zone. ACTION: Temporary final rule. any underwater detonation on the dates Commercial and recreational vessels and times this rule will be in effect and will not be allowed to transit through SUMMARY: The Coast Guard is delay would be contrary to the public the designated safety zone during the establishing a safety zone on the interest. specified times while training is being navigable waters of the Northwest Under 5 U.S.C. 553(d)(3), the Coast conducted. Harbor of San Clemente Island in Guard finds that good cause exists for Small Entities support of the Naval Underwater making this rule effective less than 30 Detonation. This safety zone is days after publication in the Federal Under the Regulatory Flexibility Act necessary to ensure non-authorized Register. Delay in the effective date (5 U.S.C. 601–612), we have considered personnel and vessels remain safe by would be contrary to the public interest, whether this rule would have a keeping clear of the hazardous area since immediate action is needed to significant economic impact on a during the training activity. Persons and ensure the public’s safety. substantial number of small entities. vessels are prohibited from entering The term ‘‘small entities’’ comprises into, transiting through, or anchoring Background and Purpose small businesses, not-for-profit within this safety zone unless The Navy will be conducting organizations that are independently authorized by the Captain of the Port intermittent training involving the owned and operated and are not (COTP) or his designated representative. detonation of military grade explosives dominant in their fields, and

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES 47874 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations

governmental jurisdictions with compliance on them. We have analyzed on the supply, distribution, or use of populations of less than 50,000. this rule under that Order and have energy. The Administrator of the Office The Coast Guard certifies under 5 determined that it does not have of Information and Regulatory Affairs U.S.C. 605(b) that this rule will not have implications for federalism. has not designated it as a significant a significant economic impact on a energy action. Therefore, it does not Unfunded Mandates Reform Act substantial number of small entities. require a Statement of Energy Effects This rule will affect the following The Unfunded Mandates Reform Act under Executive Order 13211. entities, some of which may be small of 1995 (2 U.S.C. 1531–1538) requires entities: The owners or operators of Federal agencies to assess the effects of Technical Standards commercial and recreational vessels their discretionary regulatory actions. In The National Technology Transfer intending to transit or anchor in a particular, the Act addresses actions and Advancement Act (NTTAA) (15 portion of the Northwest Harbor of San that may result in the expenditure by a U.S.C. 272 note) directs agencies to use Clemente Island from October 1, 2009 State, local, or tribal government, in the voluntary consensus standards in their through November 30, 2009. aggregate, or by the private sector of regulatory activities unless the agency This safety zone will not have a $100,000,000 or more in any one year. provides Congress, through the Office of significant economic impact on a Though this rule will not result in such Management and Budget, with an substantial number of small entities for an expenditure, we do discuss the explanation of why using these the following reasons. Although the effects of this rule elsewhere in this standards would be inconsistent with safety zone will apply to the entire preamble. applicable law or otherwise impractical. width of the harbor, commercial and Voluntary consensus standards are Taking of Private Property recreational vessels will be allowed to technical standards (e.g., specifications pass through the zone with the This rule will not effect a taking of of materials, performance, design, or permission of the U.S. Navy or Coast private property or otherwise have operation; test methods; sampling Guard COTP San Diego. Before the taking implications under Executive procedures; and related management effective periods, the Coast Guard will Order 12630, Governmental Actions and systems practices) that are developed or issue broadcast notice to mariners Interference with Constitutionally adopted by voluntary consensus (BNM) alerts and publish local notice to Protected Property Rights. standards bodies. mariners (LNM). Civil Justice Reform This rule does not use technical Assistance for Small Entities standards. Therefore, we did not This rule meets applicable standards consider the use of voluntary consensus Under section 213(a) of the Small in sections 3(a) and 3(b)(2) of Executive standards. Business Regulatory Enforcement Order 12988, Civil Justice Reform, to Fairness Act of 1996 (Pub. L. 104–121), minimize litigation, eliminate Environment we offer to assist small entities in ambiguity, and reduce burden. We have analyzed this rule under understanding the rule so that they can Protection of Children Department of Homeland Security better evaluate its effects on them and Management Directive 023–01 and participate in the rulemaking process. We have analyzed this rule under Commandant Instruction M16475.lD, Small businesses may send comments Executive Order 13045, Protection of which guide the Coast Guard in on the actions of Federal employees Children from Environmental Health complying with the National who enforce, or otherwise determine Risks and Safety Risks. This rule is not Environmental Policy Act of 1969 compliance with, Federal regulations to an economically significant rule and (NEPA) (42 U.S.C. 4321–4370f), and the Small Business and Agriculture does not create an environmental risk to have concluded this action is one of a Regulatory Enforcement Ombudsman health or risk to safety that may category of actions which do not and the Regional Small Business disproportionately affect children. individually or cumulatively have a Regulatory Fairness Boards. The Indian Tribal Governments significant effect on the human Ombudsman evaluates these actions environment. This rule is categorically annually and rates each agency’s This rule does not have tribal excluded, under figure 2–1, paragraph responsiveness to small business. If you implications under Executive Order (34)(g), of the Instruction. This rule wish to comment on actions by 13175, Consultation and Coordination involves the establishment of a employees of the Coast Guard, call 1– with Indian Tribal Governments, temporary safety zone. An 888–REG–FAIR (1–888–734–3247). The because it does not have a substantial environmental analysis checklist and a Coast Guard will not retaliate against direct effect on one or more Indian categorical exclusion determination are small entities that question or complain tribes, on the relationship between the available in the docket where indicated Federal Government and Indian tribes, about this rule or any policy or action under ADDRESSES. of the Coast Guard. or on the distribution of power and responsibilities between the Federal List of Subjects in 33 CFR Part 165 Collection of Information Government and Indian tribes. Harbors, Marine safety, Navigation This rule calls for no new collection Energy Effects (water), Reporting and recordkeeping of information under the Paperwork requirements, Security measures, Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under Waterways. Executive Order 13211, Actions 3520). ■ Concerning Regulations That For the reasons discussed in the Federalism Significantly Affect Energy Supply, preamble, the Coast Guard amends 33 A rule has implications for federalism Distribution, or Use. We have CFR part 165 as follows: under Executive Order 13132, determined that it is not a ‘‘significant PART 165—REGULATED NAVIGATION Federalism, if it has a substantial direct energy action’’ under that order because AREAS AND LIMITED ACCESS AREAS effect on State or local governments and it is not a ‘‘significant regulatory action’’ would either preempt State law or under Executive Order 12866 and is not ■ 1. The authority citation for part 165 impose a substantial direct cost of likely to have a significant adverse effect continues to read as follows:

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations 47875

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Dated: August 31, 2009. SUPPLEMENTARY INFORMATION: Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; T.H. Farris, Regulatory Information 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Captain, U.S. Coast Guard, Captain of the Pub. L. 107–295; 116 Stat. 2064; Department Port San Diego. The Coast Guard is issuing this of Homeland Security Delegation No. 0170.1. [FR Doc. E9–22462 Filed 9–17–09; 8:45 am] temporary final rule without prior ■ 2. Add a new temporary section BILLING CODE 4910–15–P notice and opportunity to comment § 165.T11–232 to read as follows: pursuant to authority under section 4(a) of the Administrative Procedure Act § 165.T11–232 Safety Zone; San Clemente DEPARTMENT OF HOMELAND (APA) (5 U.S.C. 553(b)). This provision Island Northwest Harbor October and authorizes an agency to issue a rule November Training; Northwest Harbor, San SECURITY Clemente Island, CA. without prior notice and opportunity to Coast Guard comment when the agency for good (a) Location. The limits of the safety cause finds that those procedures are zone will include the navigable waters 33 CFR Part 165 ‘‘impracticable, unnecessary, or contrary of the Northwest Harbor of San to the public interest.’’ Under 5 U.S.C. Clemente Island bounded by the [Docket No. USCG–2009–0748] 553(b)(B), the Coast Guard finds that following coordinates: 33°02′06″ N, RIN 1625–AA00 good cause exists for not publishing a 118°35′36″ W; 33°02′00″ N, 118°34′36″ notice of proposed rulemaking (NPRM) W; thence along the coast of San Safety Zone; Naval Training October with respect to this rule because Clemente Island to 33°02′06″ N, and November; San Clemente Island, immediate action is necessary to ensure 118°35′36″ W. CA (b) Enforcement Period. This section the safety of commercial and will be enforced from October 1, 2009 AGENCY: Coast Guard, DHS. recreational vessels in the vicinity of through November 30, 2009 during ACTION: Temporary final rule. any live fire training on the dates and naval training exercises. If the training times this rule will be in effect and SUMMARY: The Coast Guard is is concluded prior to the scheduled delay would be contrary to the public establishing a safety zone on the termination time, the COTP will cease interest. navigable waters of the Pacific Ocean at enforcement of this safety zone and will Under 5 U.S.C. 553(d)(3), the Coast the north end of San Clemente Island in announce that fact via Broadcast Notice Guard finds that good cause exists for support of Naval Live Fire Training. to Mariners. making this rule effective less than 30 (c) Definitions. The following This safety zone is necessary to ensure days after publication in the Federal definitions apply to this section: non-authorized personnel and vessels Register. Delaying the effective date of (1) Designated representative means remain safe by keeping clear of the this rule would expose mariners to the any Commissioned, Warrant, or Petty hazardous area during the training dangers posed by the training Officers of the Coast Guard, Coast Guard activity. Persons and vessels are operations. prohibited from entering into, transiting Auxiliary, or local, state, and federal Background and Purpose law enforcement vessels who have been through, or anchoring within this safety authorized to act on the behalf of the zone unless authorized by the Captain The Navy will be conducting COTP. of the Port (COTP) or his designated intermittent training involving live fire (2) Non-authorized personnel and representative. exercises throughout October and vessels, means any civilian boats, DATES: This rule is effective from November 2009. This safety zone is fishermen, divers, and swimmers. October 1, 2009 until November 30, necessary to ensure non-authorized (d) Regulations. (1) Entry into, transit 2009. personnel and vessels remain safe by through or anchoring within this safety keeping clear of the hazardous area ADDRESSES: Documents indicated in this during the training activity. zone is prohibited unless authorized by preamble as being available in the the COTP San Diego or his designated docket are part of docket USCG–2009– Discussion of Rule representative. 0748 and are available online by going (2) Non-authorized personnel and The Coast Guard is establishing a to http://www.regulations.gov, inserting vessels requesting permission to transit safety zone that will be enforced from USCG–2009–0748 in the ‘‘Keyword’’ through the safety zone may request October 1, 2009, through November 30, box, and then clicking ‘‘Search.’’ They authorization to do so from the COTP 2009. The limits of the safety zone will are also available for inspection or San Diego or his designated be the navigable waters of the Pacific copying at the Docket Management representative. They may be contacted Ocean at the north end of San Clemente Facility (M–30), U.S. Department of on VHF–FM Channel 16, or at telephone Island bounded by the following Transportation, West Building Ground number (619) 278–7033. coordinates: (3) Naval units involved in the Floor, Room W12–140, 1200 New Jersey 33°01.09′ N, 118°36.34′ W; exercise are allowed in the confines of Avenue, SE., Washington, DC 20590, 32°59.95′ N, 118°39.77′ W; the established safety zone. between 9 a.m. and 5 p.m., Monday running parallel to the shoreline at (4) All persons and vessels shall through Friday, except Federal holidays. approximately 3 NM to 33°02.81′ N, comply with the instructions of the FOR FURTHER INFORMATION CONTACT: If 118°30.65′ W; ° ′ ° ′ Coast Guard COTP or his designated you have questions on this temporary 33 01.29 N, 118 33.88 W; rule, call or e-mail Petty Officer Kristen along the shoreline to 33°01.09′ N, representative. ° ′ (5) Upon being hailed by U.S. Coast Beer, Waterways Management, U.S. 118 36.34 W. Guard or other official personnel by Coast Guard Sector San Diego, Coast This safety zone is necessary to siren, radio, flashing light, or other Guard; telephone 619–278–7262, e-mail ensure non-authorized personnel and means, the operator of a vessel shall [email protected]. If you have vessels remain safe by keeping clear of proceed as directed. questions on viewing the docket, call the hazardous area during the training (6) The Coast Guard may be assisted Renee V. Wright, Program Manager, activities. Persons and vessels are by other Federal, State, or local agencies Docket Operations, telephone 202–366– prohibited from entering into, transiting and the U.S. Navy. 9826. through, or anchoring within this safety

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES 47876 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations

zone unless authorized by the Captain Assistance for Small Entities Civil Justice Reform of the Port, or his designated This rule meets applicable standards representative. Under section 213(a) of the Small Business Regulatory Enforcement in sections 3(a) and 3(b)(2) of Executive Regulatory Analyses Fairness Act of 1996 (Pub. L. 104–121), Order 12988, Civil Justice Reform, to We developed this rule after we offer to assist small entities in minimize litigation, eliminate considering numerous statutes and understanding the rule so that they can ambiguity, and reduce burden. executive orders related to rulemaking. better evaluate its effects on them and Protection of Children Below we summarize our analyses participate in the rulemaking process. based on 13 of these statutes or Small businesses may send comments We have analyzed this rule under executive orders. on the actions of Federal employees Executive Order 13045, Protection of who enforce, or otherwise determine Children from Environmental Health Regulatory Planning and Review compliance with, Federal regulations to Risks and Safety Risks. This rule is not This rule is not a significant the Small Business and Agriculture an economically significant rule and regulatory action under section 3(f) of Regulatory Enforcement Ombudsman does not create an environmental risk to Executive Order 12866, Regulatory and the Regional Small Business health or risk to safety that may Planning and Review, and does not Regulatory Fairness Boards. The disproportionately affect children. require an assessment of potential costs Ombudsman evaluates these actions Indian Tribal Governments and benefits under section 6(a)(3) of that annually and rates each agency’s This rule does not have tribal Order. The Office of Management and responsiveness to small business. If you implications under Executive Order Budget has not reviewed it under that wish to comment on actions by 13175, Consultation and Coordination Order. employees of the Coast Guard, call with Indian Tribal Governments, We expect the economic impact of 1–888–REG–FAIR (1–888–734–3247). because it does not have a substantial this rule to be so minimal that a full The Coast Guard will not retaliate direct effect on one or more Indian Regulatory Evaluation is unnecessary. against small entities that question or tribes, on the relationship between the This determination is based on the size complain about this rule or any policy Federal Government and Indian tribes, and location of the safety zone. or action of the Coast Guard. Commercial and recreational vessels or on the distribution of power and will not be allowed to transit through Collection of Information responsibilities between the Federal Government and Indian tribes. the designated safety zone during This rule calls for no new collection specified times of training. of information under the Paperwork Energy Effects Small Entities Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under 3520). Under the Regulatory Flexibility Act Executive Order 13211, Actions (5 U.S.C. 601–612), we have considered Federalism Concerning Regulations That whether this rule would have a Significantly Affect Energy Supply, significant economic impact on a A rule has implications for federalism Distribution, or Use. We have substantial number of small entities. under Executive Order 13132, determined that it is not a ‘‘significant The term ‘‘small entities’’ comprises Federalism, if it has a substantial direct energy action’’ under that order because small businesses, not-for-profit effect on State or local governments and it is not a ‘‘significant regulatory action’’ organizations that are independently would either preempt State law or under Executive Order 12866 and is not owned and operated and are not impose a substantial direct cost of likely to have a significant adverse effect dominant in their fields, and compliance on them. We have analyzed on the supply, distribution, or use of governmental jurisdictions with this rule under that Order and have energy. The Administrator of the Office populations of less than 50,000. determined that it does not have of Information and Regulatory Affairs The Coast Guard certifies under 5 implications for federalism. has not designated it as a significant U.S.C. 605(b) that this rule will not have Unfunded Mandates Reform Act energy action. Therefore, it does not a significant economic impact on a require a Statement of Energy Effects substantial number of small entities. The Unfunded Mandates Reform Act under Executive Order 13211. This rule will affect the following of 1995 (2 U.S.C. 1531–1538) requires Technical Standards entities, some of which may be small Federal agencies to assess the effects of entities: the owners or operators of their discretionary regulatory actions. In The National Technology Transfer vessels intending to transit or anchor in particular, the Act addresses actions and Advancement Act (NTTAA) (15 a portion of the Pacific Ocean on the that may result in the expenditure by a U.S.C. 272 note) directs agencies to use north end of San Clemente Island from State, local, or tribal government, in the voluntary consensus standards in their October 1, 2009 until November 30, aggregate, or by the private sector of regulatory activities unless the agency 2009. $100,000,000 or more in any one year. provides Congress, through the Office of This safety zone will not have a Though this rule will not result in such Management and Budget, with an significant economic impact on a an expenditure, we do discuss the explanation of why using these substantial number of small entities for effects of this rule elsewhere in this standards would be inconsistent with the following reasons: This rule will be preamble. applicable law or otherwise impractical. enforced only during naval training Taking of Private Property Voluntary consensus standards are exercises. Vessel traffic can pass safely technical standards (e.g., specifications around the zone. Traffic will be allowed This rule will not effect a taking of of materials, performance, design, or to pass through the zone with the private property or otherwise have operation; test methods; sampling permission of the U.S. Navy or U.S. taking implications under Executive procedures; and related management Coast Guard. Before the effective period, Order 12630, Governmental Actions and systems practices) that are developed or the Coast Guard will issue broadcast Interference with Constitutionally adopted by voluntary consensus notice to mariners (BNM) alerts. Protected Property Rights. standards bodies.

VerDate Nov<24>2008 16:27 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations 47877

This rule does not use technical through November 30, 2009 during SUMMARY: EPA is promulgating standards. Therefore, we did not naval training exercises. If the training significant new use rules (SNURs) under consider the use of voluntary consensus is concluded prior to the scheduled section 5(a)(2) of the Toxic Substances standards. termination time, the COTP will cease Control Act (TSCA) for 12 chemical enforcement of this safety zone and will substances which were the subject of Environment announce that fact via Broadcast Notice premanufacture notices (PMNs). Two of We have analyzed this rule under to Mariners. these chemical substances are subject to Department of Homeland Security (c) Definitions. The following TSCA section 5(e) consent orders issued Management Directive 023–01 and definitions apply to this section: by EPA. This action requires persons Commandant Instruction M16475.lD, Designated representative, means any who intend to manufacture, import, or which guide the Coast Guard in Commissioned, Warrant, or Petty process any of these 12 chemical complying with the National Officers of the Coast Guard, Coast Guard substances for an activity that is Environmental Policy Act of 1969 Auxiliary, or local, state, and federal designated as a significant new use by (NEPA) (42 U.S.C. 4321–4370f), and law enforcement vessels who have been this rule to notify EPA at least 90 days have concluded this action is one of a authorized to act on the behalf of the before commencing that activity. The category of actions which do not COTP; non-authorized personnel and required notification will provide EPA individually or cumulatively have a vessels, means any civilian vessels, with the opportunity to evaluate the significant effect on the human fishermen, divers, and swimmers. intended use and, if necessary, to environment. This rule is categorically (d) Regulations. (1) Entry into, transit prohibit or limit that activity before it excluded, under figure 2–1, paragraph through or anchoring within this safety occurs. (34)(g), of the Instruction. This rule zone is prohibited unless authorized by DATES: involves the establishment of a safety the COTP San Diego or his designated The effective date of this rule is zone. representative. November 17, 2009 without further An environmental analysis checklist (2) Non-authorized personnel and notice, unless EPA receives written and a categorical exclusion vessels requesting permission to transit adverse or critical comments, or notice determination are available in the through the safety zone may request of intent to submit adverse or critical docket where indicated under authorization to do so from the COTP comments before October 19, 2009. This ADDRESSES. San Diego or his designated rule shall be promulgated for purposes of judicial review at 1 p.m. (e.s.t.) on List of Subjects in 33 CFR Part 165 representative. They may be contacted on VHF–FM Channel 16, or at telephone October 2, 2009. Harbors, Marine safety, Navigation number (619) 278–7033. If EPA receives written adverse or (water), Reporting and recordkeeping (3) Naval units involved in the critical comments, or notice of intent to requirements, Security measures, exercise are allowed in confines of the submit adverse or critical comments, on Waterways. established safety zone. one or more of these SNURs before ■ For the reasons discussed in the (4) All persons and vessels shall October 19, 2009, EPA will withdraw preamble, the Coast Guard amends 33 comply with the instructions of the the relevant sections of this direct final CFR part 165 as follows: Coast Guard COTP or his designated rule before its effective date. EPA will representative. then issue a proposed SNUR for the PART 165—REGULATED NAVIGATION (5) Upon being hailed by U.S. Coast chemical substance(s) on which adverse AREAS AND LIMITED ACCESS AREAS Guard or other official personnel by or critical comments were received, providing a 30–day period for public ■ siren, radio, flashing light, or other 1. The authority citation for part 165 comment. continues to read as follows: means, the operator of a vessel shall proceed as directed. Significant new use designations for a Authority: Authority: 33 U.S.C. 1226, (6) The Coast Guard may be assisted chemical substance are legally 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 by other federal, state, or local agencies established as of the date of publication U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04– including the U.S. Navy. of this direct final rule September 18, 6, and 160.5; Public Law 107–295; 116 Stat. 2009. See the discussion in Unit VII. for 2064; Department of Homeland Security Dated: August 31, 2009. more specific details. Delegation No. 0170.1. T.H. Farris, Any persons intending to import or ■ 2. Add a new temporary section Captain, U.S. Coast Guard, Captain of the Port San Diego. export a chemical substance that is the § 165.T11–233 to read as follows: subject of this rule on or after October [FR Doc. E9–22463 Filed 9–17–09; 8:45 am] 19, 2009 are subject to the TSCA section § 165.T11–233 Safety Zone; Naval Training BILLING CODE 4910–15–P October and November; San Clemente 13 import certification requirements and Island, CA. the export notification provisions of (a) Location. The limits of the safety TSCA section 12(b). See the discussion ENVIRONMENTAL PROTECTION in Unit I.A. and Unit II.C. for more zone will be the navigable waters of the AGENCY Pacific Ocean at the north end of San specific details. Clemente Island bounded by the 40 CFR Parts 9 and 721 ADDRESSES: Submit your comments, following coordinates: identified by docket identification (ID) [EPA–HQ–OPPT–2009–0729; FRL–8430–3] 33°01.09′ N, 118°36.34′ W; number EPA–HQ–OPPT–2009–0729, by 32°59.95′ N, 118°39.77′ W; RIN 2070–AB27 one of the following methods: running parallel to the shoreline at • Federal eRulemaking Portal: http:// approximately 3 NM to 33°02.81′ N, Significant New Use Rules on Certain www.regulations.gov. Follow the on-line 118°30.65′ W; 33°01.29′ N, 118°33.88′ Chemical Substances instructions for submitting comments. W; along the shoreline to 33°01.09′ N, • Mail: Document Control Office ° ′ AGENCY: Environmental Protection 118 36.34 W. Agency (EPA). (7407M), Office of Pollution Prevention (b) Enforcement Period. This section and Toxics (OPPT), Environmental ACTION: Direct final rule. will be enforced from October 1, 2009 Protection Agency, 1200 Pennsylvania

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES 47878 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations

Ave., NW., Washington, DC 20460– 3334, EPA West Bldg., 1301 to a particular entity, consult the 0001. Constitution Ave., NW., Washington, technical person listed under FOR • Hand Delivery: OPPT Document DC. The EPA/DC Public Reading Room FURTHER INFORMATION CONTACT. Control Office (DCO), EPA East, Rm. hours of operation are 8:30 a.m. to 4:30 This action may also affect certain 6428, 1201 Constitution Ave., NW., p.m., Monday through Friday, excluding entities through pre-existing import Washington, DC. Attention: Docket ID legal holidays. The telephone number of certification and export notification Number EPA–HQ–OPPT–2009–0729. the EPA/DC Public Reading Room is rules under TSCA. Chemical importers The DCO is open from 8 a.m. to 4 p.m., (202) 566–1744, and the telephone are subject to the TSCA section 13 (15 Monday through Friday, excluding legal number for the OPPT Docket is (202) U.S.C. 2612) import certification holidays. The telephone number for the 566–0280. Docket visitors are required requirements promulgated at 19 CFR DCO is (202) 564–8930. Such deliveries to show photographic identification, 12.118 through 12.127 and 19 CFR are only accepted during the DCO’s pass through a metal detector, and sign 127.28 (the corresponding EPA policy normal hours of operation, and special the EPA visitor log. All visitor bags are appears at 40 CFR part 707, subpart B). arrangements should be made for processed through an X-ray machine Chemical importers must certify that the deliveries of boxed information. and subject to search. Visitors will be shipment of the chemical substance Instructions: Direct your comments to provided an EPA/DC badge that must be complies with all applicable rules and docket ID number EPA–HQ–OPPT– visible at all times in the building and orders under TSCA. Importers of 2009–0729. EPA’s policy is that all returned upon departure. chemicals subject to these SNURs must comments received will be included in FOR FURTHER INFORMATION CONTACT: For certify their compliance with the SNUR the docket without change and may be general information contact: Colby made available on-line at http:// requirements. In addition, any persons Lintner, Regulatory Coordinator, who export or intend to export a www.regulations.gov, including any Environmental Assistance Division personal information provided, unless chemical substance that is the subject of (7408M), Office of Pollution Prevention this rule on or after October 19, 2009 are the comment includes information and Toxics, Environmental Protection claimed to be Confidential Business subject to the export notification Agency, 1200 Pennsylvania Ave., NW., provisions of TSCA section 12(b) (15 Information (CBI) or other information Washington, DC 20460–0001; telephone whose disclosure is restricted by statute. U.S.C. 2611(b)) (see § 721.20), and must number: (202) 554–1404; e-mail address: comply with the export notification Do not submit information that you [email protected]. consider to be CBI or otherwise requirements in 40 CFR part 707, For technical information contact: subpart D. protected through regulations.gov or e- Tracey Klosterman, Chemical Control mail. The regulations.gov website is an Division (7405M), Office of Pollution B. What Should I Consider as I Prepare ‘‘anonymous access’’ system, which Prevention and Toxics, Environmental My Comments for EPA? means EPA will not know your identity Protection Agency, 1200 Pennsylvania or contact information unless you Ave., NW., Washington, DC 20460– 1. Submitting CBI. Do not submit this provide it in the body of your comment. 0001; telephone number: (202) 564– information to EPA through If you send an e-mail comment directly 2209; e-mail address: regulations.gov or e-mail. Clearly mark to EPA without going through [email protected]. the part or all of the information that regulations.gov, your e-mail address you claim to be CBI. For CBI will be automatically captured and SUPPLEMENTARY INFORMATION: information in a disk or CD-ROM that included as part of the comment that is I. General Information you mail to EPA, mark the outside of the placed in the docket and made available disk or CD-ROM as CBI and then on the Internet. If you submit an A. Does this Action Apply to Me? identify electronically within the disk or electronic comment, EPA recommends You may be potentially affected by CD-ROM the specific information that is that you include your name and other this action if you manufacture, import, claimed as CBI. In addition to one contact information in the body of your process, or use the chemical substances complete version of the comment that comment and with any disk or CD-ROM contained in this rule. Potentially includes information claimed as CBI, a you submit. If EPA cannot read your affected entities may include, but are copy of the comment that does not comment due to technical difficulties not limited to: contain the information claimed as CBI and cannot contact you for clarification, • Manufacturers, importers, or must be submitted for inclusion in the EPA may not be able to consider your processors of one or more subject public docket. Information so marked comment. Electronic files should avoid chemical substances (NAICS codes 325 will not be disclosed except in the use of special characters, any form and 324110), e.g., chemical accordance with procedures set forth in of encryption, and be free of any defects manufacturing and petroleum refineries. 40 CFR part 2. or viruses. This listing is not intended to be 2. Tips for preparing your comments. Docket: All documents in the docket exhaustive, but rather provides a guide When submitting comments, remember are listed in the docket index available for readers regarding entities likely to be to: at http://www.regulations.gov. Although affected by this action. Other types of listed in the index, some information is entities not listed in this unit could also i. Identify the document by docket ID not publicly available, e.g., CBI or other be affected. The North American number and other identifying information whose disclosure is Industrial Classification System information (subject heading, Federal restricted by statute. Certain other (NAICS) codes have been provided to Register date and page number). material, such as copyrighted material, assist you and others in determining ii. Follow directions. The Agency may will be publicly available only in hard whether this action might apply to ask you to respond to specific questions copy. Publicly available docket certain entities. To determine whether or organize comments by referencing a materials are available electronically at you or your business may be affected by Code of Federal Regulations (CFR) part http://www.regulations.gov, or, if only this action, you should carefully or section number. available in hard copy, at the OPPT examine the applicability provisions in iii. Explain why you agree or disagree; Docket. The OPPT Docket is located in § 721.5. If you have any questions suggest alternatives and substitute the EPA Docket Center (EPA/DC) at Rm. regarding the applicability of this action language for your requested changes.

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations 47879

iv. Describe any assumptions and exemptions to reporting requirements, In addition to these factors provide any technical information and/ and applicability of the rule to uses enumerated in TSCA section 5(a)(2), the or data that you used. occurring before the effective date of the statute authorized EPA to consider any v. If you estimate potential costs or rule. Provisions relating to user fees other relevant factors. burdens, explain how you arrived at appear at 40 CFR part 700. According to To determine what would constitute a your estimate in sufficient detail to § 721.1(c), persons subject to these significant new use for the 12 chemical allow for it to be reproduced. SNURs must comply with the same substances that are the subject of these vi. Provide specific examples to notice requirements and EPA regulatory SNURs, EPA considered relevant illustrate your concerns and suggest procedures as submitters of PMNs under information about the toxicity of the alternatives. TSCA section 5(a)(1)(A). In particular, chemical substances, likely human vii. Explain your views as clearly as these requirements include the exposures and environmental releases possible, avoiding the use of profanity information submission requirements of associated with possible uses, and the or personal threats. TSCA section 5(b) and 5(d)(1), the four factors listed in TSCA section viii. Make sure to submit your exemptions authorized by TSCA section 5(a)(2) and this unit. comments by the comment period 5(h)(1), (h)(2), (h)(3), and (h)(5), and the IV. Substances Subject to this Rule deadline identified. regulations at 40 CFR part 720. Once EPA receives a SNUN, EPA may take EPA is establishing significant new II. Background regulatory action under TSCA section use and recordkeeping requirements for A. What Action is the Agency Taking? 5(e), 5(f), 6, or 7 to control the activities 12 chemical substances in 40 CFR part EPA is promulgating these SNURs for which it has received the SNUN. If 721, subpart E. In this unit, EPA using direct final procedures. These EPA does not take action, EPA is provides the following information for SNURs will require persons to notify required under TSCA section 5(g) to each chemical substance: explain in the Federal Register its • PMN number. EPA at least 90 days before commencing • the manufacture, import, or processing reasons for not taking action. Chemical name (generic name, if Chemical importers are subject to the the specific name is claimed as CBI). of a chemical substance for any activity • designated by these SNURs as a TSCA section 13 (15 U.S.C. 1612) CAS number (if assigned for non- significant new use. Receipt of such import certification requirements confidential chemical identities). • notices allows EPA to assess risks that promulgated at 19 CFR 12.118 through Basis for the TSCA section 5(e) may be presented by the intended uses 12.127, and 19 CFR 127.28 (the consent order or, for non-section 5(e) and, if appropriate, to regulate the corresponding EPA policy appears at 40 SNURs, the basis for the SNUR (i.e., proposed use before it occurs. CFR part 707, subpart B). Chemical SNURs without TSCA section 5(e) Additional rationale and background to importers must certify that the shipment consent orders). • these rules are more fully set out in the of the chemical substance complies with Toxicity concerns. • preamble to EPA’s first direct final all applicable rules and orders under Tests recommended by EPA to SNUR published in the Federal Register TSCA. Importers of chemical substances provide sufficient information to of April 24, 1990 (55 FR 17376). Consult subject to a final SNUR must certify evaluate the chemical substance (see that preamble for further information on their compliance with the SNUR Unit VIII. for more information). • the objectives, rationale, and procedures requirements. In addition, any persons CFR citation assigned in the for SNURs and on the basis for who export or intend to export a regulatory text section of this rule. significant new use designations, chemical substance identified in a final The regulatory text section of this rule including provisions for developing test SNUR are subject to the export specifies the activities designated as data. notification provisions of TSCA section significant new uses. Certain new uses, 12(b) (15 U.S.C. 2612 (b)) (see § 721.20), including production volume limits B. What is the Agency’s Authority for and must comply with the export (i.e., limits on manufacture and Taking this Action? notification requirements in 40 CFR part importation volume) and other uses Section 5(a)(2) of TSCA (15 U.S.C. 707, subpart D. designated in this rule, may be claimed 2604(a)(2)) authorizes EPA to determine III. Significant New Use Determination as CBI. Unit IX. discusses a procedure that a use of a chemical substance is a companies may use to ascertain whether ‘‘significant new use.’’ EPA must make Section 5(a)(2) of TSCA states that a proposed use constitutes a significant this determination by rule after EPA’s determination that a use of a new use. considering all relevant factors, chemical substance is a significant new This rule includes 2 PMN substances including those listed in TSCA section use must be made after consideration of that are subject to ‘‘risk-based’’ consent 5(a)(2). Once EPA determines that a use all relevant factors, including: orders under TSCA section • of a chemical substance is a significant The projected volume of 5(e)(1)(A)(ii)(I) where EPA determined new use, TSCA section 5(a)(1)(B) manufacturing and processing of a that activities associated with the PMN requires persons to submit a significant chemical substance. substances may present unreasonable new use notice (SNUN) to EPA at least • The extent to which a use changes risk to human health or the 90 days before they manufacture, the type or form of exposure of human environment. Those consent orders import, or process the chemical beings or the environment to a chemical require protective measures to limit substance for that use. The mechanism substance. exposures or otherwise mitigate the for reporting under this requirement is • The extent to which a use increases potential unreasonable risk. The so- established under § 721.5. the magnitude and duration of exposure called ‘‘5(e) SNURs’’ on these PMN of human beings or the environment to substances are promulgated pursuant to C. Applicability of General Provisions a chemical substance. § 721.160, and are based on and General provisions for SNURs appear • The reasonably anticipated manner consistent with the provisions in the in 40 CFR part 721, subpart A. These and methods of manufacturing, underlying consent orders. The 5(e) provisions describe persons subject to processing, distribution in commerce, SNURs designate as a ‘‘significant new the rule, recordkeeping requirements, and disposal of a chemical substance. use’’ the absence of the protective

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES 47880 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations

measures required in the corresponding the premanufacture notice, and (ii) may 870.4200) may be warranted. Further, a consent orders. be accompanied by changes in exposure certificate of analysis should be Where EPA determined that the PMN or release levels that are significant in provided for the test substance. The substance may present an unreasonable relation to the health or environmental order does not require the submission of risk of injury to human health via concerns identified’’ for the PMN the aforementioned information at any inhalation exposure, the underlying substance. specified time or production volume. TSCA section 5(e) consent order usually PMN Number P–05–775 However, the order’s restrictions on requires, among other things, that Chemical name: Benzeneethanol,halo- manufacture, import, processing, potentially exposed employees wear ,halocycloalkyl-,hydrazinealkyl- distribution in commerce, use, and specified respirators unless actual (generic). disposal of the PMN substance will measurements of the workplace air CAS number: Not available. remain in effect until the order is show that air-borne concentrations of Effective date of TSCA section 5(e) modified or revoked by EPA based on the PMN substance are below a New consent order: May 8, 2008. submission of that or other relevant Chemical Exposure Limit (NCEL) that is Basis for TSCA section 5(e) consent information. established by EPA to provide adequate order: The PMN states that the generic CFR citation: 40 CFR 721.10157. protection to human health. In addition (non-confidential) use of the substance PMN Number P–06–16 to the actual NCEL concentration, the will be as an intermediate used in a Chemical name: 2-Pentanone, 3,5- comprehensive NCELs provisions in closed process. The order was issued dichloro-. TSCA section 5(e) consent orders, under sections 5(e)(1)(A)(i) and CAS number: 58371–98–5. which are modeled after Occupational 5(e)(1)(A)(ii)(I) of TSCA based on a Effective date of TSCA section 5(e) Safety and Health Administration finding that this substance may present consent order: May 8, 2008. (OSHA) Permissible Exposure Limits an unreasonable risk of injury to human Basis for TSCA section 5(e) consent (PELs) provisions, include requirements health and the environment. To protect order: The PMN states that the generic addressing performance criteria for against this risk, the consent order (non-confidential) use of the substance sampling and analytical methods, requires dermal protection, hazard will be as an intermediate used in a periodic monitoring, respiratory communication, and water release closed process. The order was issued protection, and recordkeeping. restrictions. The SNUR designates as a under sections 5(e)(1)(A)(i) and However, no comparable NCEL ‘‘significant new use’’ the absence of 5(e)(1)(A)(ii)(I) of TSCA based on a provisions currently exist in 40 CFR these protective measures. finding that this substance may present part 721, subpart B, for SNURs. Toxicity concern: Based on test data on an unreasonable risk of injury to human Therefore, for these cases, the the PMN substance, analogous health and the environment. To protect individual SNURs in 40 CFR part 721, hydrazines and other (confidential) against this risk, the consent order subpart E, will state that persons subject moieties of the PMN substance, EPA requires dermal and respiratory to the SNUR who wish to pursue NCELs identified concerns for mutagenicity, protection, hazard communication, and as an alternative to the § 721.63 skin sensitization, liver toxicity, kidney water release restrictions. The SNUR respirator requirements may request to toxicity, neurotoxicity, and eye designates as a ‘‘significant new use’’ do so under § 721.30. EPA expects that irritation from dermal exposure. the absence of these protective persons whose § 721.30 requests to use Further, based on test data for analogous measures. the NCELs approach for SNURs are hydrazines, EPA predicts aquatic Toxicity concern: Based on test data on approved by EPA will be required to toxicity at concentrations that exceed the PMN substance and analogous comply with NCELs provisions that are 0.1 parts per billion (ppb) from releases haloketones, EPA identified concerns comparable to those contained in the of the PMN substance to the for acute inhalation toxicity, corresponding TSCA section 5(e) environment. mutagenicity, developmental toxicity, consent order for the same chemical Recommended testing: EPA has skin sensitization, systemic toxicity, and substance. determined that the results of the neurotoxicity from inhalation or dermal This rule also includes SNURs on 10 following tests would help characterize exposure. Further, based on test data on PMN substances that are not subject to the human health and environmental analogous neutral organic chemicals consent orders under TSCA section 5(e). effects of the PMN substance: A fish and haloketones, and potential excess In these cases, for a variety of reasons, early-life stage toxicity test (OPPTS toxicity due to reactivity (hydrolysis), EPA did not find that the use scenario Harmonized Test Guideline 850.1400); a EPA predicts aquatic toxicity at described in the PMN triggered the daphnid chronic toxicity test (OPPTS concentrations that exceed 0.1 ppb determinations set forth under TSCA Harmonized Test Guideline 850.1300); resulting from releases of the PMN section 5(e). EPA, however, does believe an algal toxicity test, tiers I and II substance to the environment. that certain changes from the use (OPPTS Harmonized Test Guideline Recommended testing: EPA has scenario described in the PMN could 850.5400); a repeated dose oral toxicity determined that the results of the result in increased exposures, thereby in rodents with reproductive, following tests would help characterize constituting a ‘‘significant new use.’’ developmental and neurotoxicity possible human health and These so-called ‘‘non-5(e) SNURs’’ are screening (Organisation for Economic environmental effects of the PMN promulgated pursuant to § 721.170. EPA Co-operation and Development (OECD) substance: A fish early-life stage toxicity has determined that every activity 422 test guideline) for a duration of 90– test (OPPTS Harmonized Test Guideline designated as a ‘‘significant new use’’ in days; a bacterial reverse mutation test 850.1400); a daphnid chronic toxicity all non-5(e) SNURs issued under (OPPTS Harmonized Test Guideline test (OPPTS Harmonized Test Guideline § 721.170 satisfies the two requirements 870.5100); and a mammalian 850.1300); an algal toxicity test, tiers I stipulated in § 721.170(c)(2), i.e., these erythrocyte micronucleus test (OPPTS and II (OPPTS Harmonized Test significant new use activities, ‘‘(i) are Harmonized Test Guideline 870.5395) Guideline 850.5400); a repeated dose different from those described in the via the intraperitoneal route. Depending oral toxicity in rodents with premanufacture notice for the upon the results of mutagenicity testing, reproductive, developmental and substance, including any amendments, a two year carcinogenicity study neurotoxicity screening (OECD 422 test deletions, and additions of activities to (OPPTS Harmonized Test Guideline guideline) for a duration of 90–days; a

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations 47881

bacterial reverse mutation test (OPPTS Basis for action: The PMN states that the Recommended testing: EPA has Harmonized Test Guideline 870.5100); generic (non-confidential) use of the determined that the results of a and a mammalian erythrocyte substance will be as a polymer additive. hydrolysis as a function of pH test micronucleus test (OPPTS Harmonized Based on test data on analogous (OPPTS Harmonized Test Guideline Test Guideline 870.5395) via the nonionic surfactants, EPA predicts 835.2120) and a ready biodegradability intraperitoneal route. Depending upon toxicity to aquatic organisms may occur test (OPPTS Harmonized Test Guideline the results of mutagenicity testing, a 2– at concentrations that exceed 20 ppb of 835.3110) would help characterize the year carcinogenicity study (OPPTS the PMN substance in surface waters. possible fate attributes of the PMN Harmonized Test Guideline 870.4200) For the use described in the PMN, substance. If the results of the ready may be warranted. Further, a certificate releases of the substance are not biodegradation test demonstrate that the of analysis should be provided for the expected to result in surface water hydrolysis product remains intact, then test substance. The order does not concentrations that exceed 20 ppb. a shake-flask die-away test (OPPTS require the submission of the Therefore, EPA has not determined that Harmonized Test Guideline 835.3170) aforementioned information at any the proposed manufacturing, and a fish bioconcentration test (OPPTS specified time or production volume. processing, or use of the substance may Harmonized Test Guideline 850.1730) However, the order’s restrictions on present an unreasonable risk. EPA has may be warranted. Further, a certificate manufacture, import, processing, determined, however, that use of the of analysis should be provided for the distribution in commerce, use, and substance other than as described in the test substance. disposal of the PMN substance will PMN could result in exposures which CFR citation: 40 CFR 721.10161. remain in effect until the order is may cause significant adverse PMN Number P–08–24 modified or revoked by EPA based on environmental effects. Based on this Chemical name: 1,3 Dioxolane-4- submission of that or other relevant information, the PMN substance meets butanol, 2-ethenyl-. information. the concern criteria at CAS number: 2421–08–1. CFR citation: 40 CFR 721.10158. § 721.170(b)(4)(ii). Basis for action: The PMN states that the PMN Number P–07–587 Recommended testing: EPA has generic (non-confidential) use of the Chemical name: 1-Docosanamine, N,N- determined that the results of a ready substance will be as a crosslinking agent dimethyl-. biodegradability test (OPPTS to be ultimately used in the manufacture of automotive and aircraft coating CAS number: 21542–96–1. Harmonized Test Guideline 835.3110); a materials. Based on test data on an Basis for action: The PMN states that the fish acute toxicity test (OPPTS expected hydrolysis product for an generic (non-confidential) use of the Harmonized Test Guideline 850.1075); analogous chemical, EPA has concerns substance will be as a chemical an aquatic invertebrate acute toxicity for mutagenicity, oncogenicity, intermediate. Based on test data on the test with freshwater daphnids (OPPTS developmental toxicity, liver toxicity, PMN substance and analogous aliphatic Harmonized Test Guideline 850.1010); kidney toxicity, and skin sensitization amines, EPA predicts toxicity to aquatic and an algal toxicity test, tiers I and II and irritation for the PMN substance. As organisms may occur at concentrations (OPPTS Harmonized Test Guideline described in the PMN, significant that exceed 1 ppb of the PMN substance 850.5400) would help characterize the worker exposure is not expected. in surface waters. As described in the environmental effects of the PMN Therefore, EPA has not determined that PMN, the substance is not released to substance. Aquatic toxicity testing the proposed manufacturing, surface waters. Therefore, EPA has not should be performed using the static processing, or use of the substance may determined that the proposed method with nominal concentrations. present an unreasonable risk. EPA has manufacturing, processing, or use of the Further, a certificate of analysis should determined, however, that use of the substance may present an unreasonable be provided for the test substance. substance other than as described in the risk. EPA has determined, however, that CFR citation: 40 CFR 721.10160. PMN could result in exposures which any use of the substance resulting in PMN Number P–08–3 may cause serious health effects. Based release to surface waters may cause Chemical name: Substituted silyl on this information, the PMN substance significant adverse environmental methacrylate (generic). meets the concern criteria at effects. Based on this information, the CAS number: Not available. § 721.170(b)(3)(ii). PMN substance meets the concern Basis for action: The PMN states that the Recommended testing: EPA has criteria at § 721.170 (b)(4)(i) and substance will be used as an determined that the results of a repeated (b)(4)(ii). intermediate for a paint binder. Based dose 28–day oral toxicity study (OPPTS Recommended testing: EPA has on test data on analogous acrylates and Harmonized Test Guideline 870.3050) determined that the results of a fish neutral organic chemicals, EPA predicts in rodents would help characterize the acute toxicity test mitigated by humic toxicity to aquatic organisms may occur human health effects of the PMN acid (OPPTS Harmonized Test at concentrations that exceed 1 ppb of substance. Guideline 850.1085) would help the PMN substance in surface waters. As CFR citation: 40 CFR 721.10162. characterize the environmental effects of described in the PMN, the substance is PMN Number P–08–33 the PMN substance. The test substance not released to surface waters. Chemical name: Chloro fluoro alkane should be the chloride salt of the PMN Therefore, EPA has not determined that (generic). substance at pH 7. Further, a certificate the proposed manufacturing, CAS number: Not available. of analysis should be provided for the processing, or use of the substance may Basis for action: The PMN states that the test substance. present an unreasonable risk. EPA has generic (non-confidential) use of the CFR citation: 40 CFR 721.10159. determined, however, that any use of substance will be as a chemical PMN Number P–07–629 the substance resulting in release to intermediate. EPA identified health and Chemical name: Poly(oxy-1,2- surface waters may cause significant environmental concerns because the ethanediyl), .alpha.-[(13Z)-1-oxo-13- adverse environmental effects. Based on substance may be a persistent, docosen-1-yl]-.omega.-[[(13Z)-1-oxo-13- this information, the PMN substance bioaccumulative, and toxic (PBT) docosen-1-yl]oxy]-. meets the concern criteria at chemical, based on physical/chemical CAS number: 56565–72–1. § 721.170(b)(4)(ii). properties of the PMN substance, as

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES 47882 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations

described in the New Chemicals environmental effects. Based on this analysis should be provided for the test Program’s PBT Category (64 FR 60194; information, the PMN substance meets substance. November 4, 1999) (FRL–6097–7). EPA the concern criteria at CFR citation: 40 CFR 721.10165. estimates that the PMN substance will § 721.170(b)(4)(ii). PMN Number P–08–180 persist in the environment for more than Recommended testing: EPA has Chemical name: 1,3-Cyclohexanedione, six months and estimates a determined that the results of a fish 2-[2-chloro-4-(methylsulfonyl)-3-[(2,2,2- bioaccumulation factor of greater than acute toxicity test (OPPTS Harmonized trifluoroethoxy)methyl]benzoyl]-, ion(1- or equal to 1,000. Also, based on test Test Guideline 850.1075); an aquatic ), potassium salt (1:1). data on analogous haloalkanes, EPA invertebrate acute toxicity test with CAS number: 1121649–70–4. predicts toxicity to aquatic organisms. freshwater daphnids (OPPTS Basis for action: The PMN states that the As described in the PMN, significant Harmonized Test Guideline 850.1010); generic (non-confidential) use of the worker exposure is unlikely and the and an algal toxicity test, tiers I and II substance will be as a precursor to substance is not released to surface (OPPTS Harmonized Test Guideline another chemical substance. Based on waters. Therefore, EPA has not 850.5400) would help characterize the test data on the PMN substance, EPA determined that the proposed environmental effects of the PMN has concerns for developmental and processing or use of the substance may substance. Fish and daphnia testing systemic toxicity in humans. EPA present an unreasonable risk. EPA has should be performed using the flow predicts toxicity to aquatic organisms determined, however, that domestic through method with measured may occur at concentrations that exceed manufacture, exceedance of the annual concentrations. Algal testing should be 0.1 ppb of the PMN substance in surface import volume limit of 50,000 performed using the static method with waters. As described in the PMN, kilograms, or any predictable or measured concentrations. Further, a significant worker exposure is not purposeful release containing the PMN certificate of analysis should be expected for the use described and the substance into the waters of the United provided for the test substance. substance will not be released to surface States may cause serious health effects CFR citation: 40 CFR 721.10164. waters in amounts resulting in surface and significant adverse environmental PMN Number P–08–138 water concentrations that exceed 0.1 effects, since the PMN substance has Chemical name: Carbonotrithioic acid, ppb. Therefore, EPA has not determined been characterized by EPA as a PBT. bis(phenylmethyl) ester. that the proposed manufacturing, Based on this information, the PMN CAS number: 26504–29–0. processing, or use of the substance may substance meets the concern criteria at Basis for action: The PMN states that the present an unreasonable risk. EPA has § 721.170 (b)(3)(ii), (b)(4)(ii), and substance will be used as a chain determined, however, that any use of (b)(4)(iii). transfer agent. EPA identified health the substance resulting in surface waters Recommended testing: EPA has and envronmental concerns because the concentrations that exceed 0.1 ppb may determined that the results of the tiered substance may be a PBT chemical, based cause serious health effects and testing as described in the New on physical/chemical properties of the significant adverse environmental Chemicals Program’s PBT Category PMN substance, as described in the New effects. Based on this information, the would help characterize the PBT Chemicals Program’s PBT Category (64 PMN substance meets the concern attributes of the PMN substance. The FR 60194, November 4, 1999). EPA criteria at § 721.170 (b)(3)(i) and fish bioconcentration factor (BCF) test estimates that the PMN substance will (b)(4)(i). should be conducted using the flow persist in the environment for more than Recommended testing: EPA has through method with measured two months and estimates a determined that the results of the concentrations and include a certificate bioaccumulation factor of greater than following tests would help characterize of analysis for the test substance or equal to 5,000. Also, based on test the human health and environmental showing percentage and level of data for analogous esters, EPA predicts effects of the PMN substance: A porous impurities; measured BCF should be toxicity to aquatic organisms. As pot test (OPPTS Harmonized Test based on 100% active ingredient and described in the PMN, significant Guideline 835.3220); and either (1) a measured concentrations. worker exposure is unlikely and the sediment/water microcosm CFR citation: 40 CFR 721.10163. substance is not released to surface biodegradation test (OPPTS Harmonized PMN Number P–08–36 waters. Therefore, EPA has not Test Guideline 835.3180), (2) a site- Chemical name: determined that the proposed specific aquatic microcosm test, Benzenecarboximidamide, N-hydroxy-4- processing or use of the substance may laboratory (OPPTS Harmonized Test nitro-. present an unreasonable risk. EPA has Guideline 850.1925), or (3) a field CAS number: 1613–86–1. determined, however, that domestic testing for aquatic organisms (OPPTS Basis for action: The PMN states that the manufacture or any predictable or Harmonized Test Guideline 850.1950). substance will be used as a chemical purposeful release containing the PMN CFR citation: 40 CFR 721.10166. intermediate. Based on test data on substance into the waters of the United PMN Number P–08–212 analogous aliphatic amines, EPA States may cause serious health effects Chemical name: Tetrafluoro predicts toxicity to aquatic organisms and significant adverse environmental nitrotoluene (generic). may occur at concentrations that exceed effects, since the PMN substance has CAS number: Not available. 400 ppb of the PMN substance in been characterized by EPA as a PBT. Basis for action: The PMN states that the surface waters. As described in the Based on this information, the PMN generic (non-confidential) use of the PMN, the substance is not expected to substance meets the concern criteria at substance will be as a chemical be released to surface waters. Therefore, § 721.170 (b)(3)(ii), (b)(4)(ii), and intermediate. Based on test data on EPA has not determined that the (b)(4)(iii). analogous neutral organic chemicals, proposed manufacturing, processing, or Recommended testing: EPA has EPA predicts toxicity to aquatic use of the substance may present an determined that the results of the tiered organisms may occur at concentrations unreasonable risk. EPA has determined, testing described in the New Chemicals that exceed 200 ppb of the PMN however, that any use of the substance Program’s PBT Category would help substance in surface waters. As resulting in release to surface waters characterize the PBT attributes of the described in the PMN, the substance is may cause significant adverse PMN substance. Further, a certificate of not expected to be released to surface

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations 47883

waters. Therefore, EPA has not (OPPTS Harmonized Test Guideline chemical substance is listed on the determined that the proposed 870.4200) may be warranted. TSCA Inventory. Guidance on how to manufacturing, processing, or use of the CFR citation: 40 CFR 721.10168. determine if a chemical substance is on substance may present an unreasonable the TSCA Inventory is available on the V. Rationale and Objectives of the Rule risk. EPA has determined, however, that Internet at http://www.epa.gov/opptintr/ any use of the substance resulting in A. Rationale newchems/pubs/invntory.htm. release to surface waters may cause During review of the PMNs submitted VI. Direct Final Procedures significant adverse environmental for the chemical substances that are effects. Based on this information, the EPA is issuing these SNURs as a subject to these SNURs, EPA concluded direct final rule, as described in PMN substance meets the concern that for 2 of the 12 chemical substances, criteria at § 721.170(b)(4)(ii). § 721.160(c)(3) and § 721.170(d)(4). In regulation was warranted under TSCA accordance with § 721.160(c)(3)(ii) and Recommended testing: EPA has section 5(e), pending the development determined that the results of a fish § 721.170(d)(4)(i)(B), the effective date of information sufficient to make of this rule is November 17, 2009 acute toxicity test (OPPTS Harmonized reasoned evaluations of the health or Test Guideline 850.1075); an aquatic without further notice, unless EPA environmental effects of the chemical receives written adverse or critical invertebrate acute toxicity test with substances. The basis for such findings freshwater daphnids (OPPTS comments, or notice of intent to submit is outlined in Unit IV. Based on these adverse or critical comments before Harmonized Test Guideline 850.1010); findings, TSCA section 5(e) consent and an algal toxicity test, tiers I and II October 19, 2009. orders requiring the use of appropriate If EPA receives written adverse or (OPPTS Harmonized Test Guideline exposure controls were negotiated with critical comments, or notice of intent to 850.5400) would help characterize the the PMN submitters. The SNUR submit adverse or critical comments, on environmental effects of the PMN provisions for these chemical one or more of these SNURs before substance. Fish and daphnia testing substances are consistent with the October 19, 2009, EPA will withdraw should be performed using the flow- provisions of the TSCA section 5(e) the relevant sections of this direct final through method with measured consent orders. These SNURs are rule before its effective date. EPA will concentrations. Algal testing should be promulgated pursuant to § 721.160. then issue a proposed SNUR for the preformed using the static method with In the other 10 cases, where the uses chemical substance(s) on which adverse measured concentrations. Further, a are not regulated under a TSCA section or critical comments were received, certificate of analysis should be 5(e) consent order, EPA determined that providing a 30–day period for public provided for the test substance. one or more of the criteria of concern comment. CFR citation: 40 CFR 721.10167. established at § 721.170 were met, as This rule establishes SNURs for a PMN Number P–08–275 discussed in Unit IV. number of chemical substances. Any Chemical name: Cesium tungsten oxide. person who submits adverse or critical B. Objectives CAS number: 52350–17–1. comments, or notice of intent to submit Basis for action: The PMN states that the EPA is issuing these SNURs for adverse or critical comments, must substance will be used as a component specific chemical substances which identify the chemical substance and the of infrared absorption material. Based have undergone premanufacture review new use to which it applies. EPA will on test data on analogous crystalline because the Agency wants to achieve not withdraw a SNUR for a chemical respirable, poorly soluble particulates, the following objectives with regard to substance not identified in the EPA has concerns for lung overload and the significant new uses designated in comment. lung cancer for the PMN substance. As this rule: described in the PMN, significant • EPA will receive notice of any VII. Applicability of Rule to Uses worker exposure is unlikely as dermal person’s intent to manufacture, import, Occurring Before Effective Date of the absorption is not expected and or process a listed chemical substance Rule inhalation exposures are expected to be for the described significant new use To establish a significant ‘‘new’’ use, negligible because the PMN substance is before that activity begins. EPA must determine that the use is not used in aqueous form. Therefore, EPA • EPA will have an opportunity to ongoing. The chemical substances has not determined that the proposed review and evaluate data submitted in a subject to this rule have undergone manufacturing, processing, or use of the SNUN before the notice submitter premanufacture review. TSCA section substance may present an unreasonable begins manufacturing, importing, or 5(e) consent orders have been issued for risk. EPA has determined, however, that processing a listed chemical substance 2 chemical substances and the PMN manufacturing, processing, or use of the for the described significant new use. submitters are prohibited by the TSCA substance as a solid may cause serious • EPA will be able to regulate section 5(e) consent orders from health effects. Based on this prospective manufacturers, importers, undertaking activities which EPA is information, the PMN substance meets or processors of a listed chemical designating as significant new uses. In the concern criteria at § 721.170 substance before the described cases where EPA has not received a (b)(1)(i)(C) and (b)(3)(ii). significant new use of that chemical notice of commencement (NOC) and the Recommended testing: EPA has substance occurs, provided that chemical substance has not been added determined that the results of a 90–day regulation is warranted pursuant to to the TSCA Inventory, no other person inhalation toxicity study (OPPTS TSCA sections 5(e), 5(f), 6, or 7. may commence such activities without Harmonized Test Guideline 870.3465) • EPA will ensure that all first submitting a PMN. For chemical with a 60–day holding period in rats manufacturers, importers, and substances for which an NOC has not and with special attention to the processors of the same chemical been submitted at this time, EPA histopathology of the lungs would help substance that is subject to a TSCA concludes that the uses are not ongoing. characterize the human health effects of section 5(e) consent order are subject to However, EPA recognizes that prior to the PMN substance. Depending on the similar requirements. the effective date of the rule, when results of this testing, a 2–year Issuance of a SNUR for a chemical chemical substances identified in this inhalation carcinogenicity study substance does not signify that the SNUR are added to the TSCA Inventory,

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES 47884 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations

other persons may engage in a provided for informational purposes. from the significant new use of the significant new use as defined in this EPA strongly encourages persons, before chemical substances. rule before the effective date of the rule. performing any testing, to consult with • Potential benefits of the chemical However, 4 of the 12 chemical the Agency pertaining to protocol substances. substances contained in this rule have selection. Many OPPTS Harmonized • Information on risks posed by the CBI chemical identities, and since EPA Test Guidelines are now available on chemical substances compared to risks has received a limited number of post- the Internet at http://www.epa.gov/ posed by potential substitutes. PMN bona fide submissions (per opptsfrs/home/guidelin.htm. The IX. Procedural Determinations § 720.25 and § 721.11), the Agency Organisation for Economic Co-operation believes that it is highly unlikely that and Development (OECD) test By this rule, EPA is establishing any of the significant new uses guidelines are available from the OECD certain significant new uses which have described in the regulatory text of this Bookshop at http:// been claimed as CBI subject to Agency rule are ongoing. www.oecdbookshop.org or SourceOECD confidentiality regulations at 40 CFR As discussed in the Federal Register at http://www.sourceoecd.org. part 2 and 40 CFR part 720, subpart E. Absent a final determination or other of April 24, 1990, EPA has decided that In the TSCA section 5(e) consent disposition of the confidentiality claim the intent of TSCA section 5(a)(1)(B) is orders for several of the chemical under 40 CFR part 2 procedures, EPA is best served by designating a use as a substances regulated under this rule, required to keep this information significant new use as of the date of EPA has established production volume publication of this direct final rule confidential. EPA promulgated a limits in view of the lack of data on the procedure to deal with the situation rather than as of the effective date of the potential health and environmental rule. If uses begun after publication where a specific significant new use is risks that may be posed by the CBI. This rule cross-references were considered ongoing rather than significant new uses or increased new, it would be difficult for EPA to § 721.1725(b)(1) and is similar to that in exposure to the chemical substances. § 721.11 for situations where the establish SNUR notice requirements These limits cannot be exceeded unless because a person could defeat the SNUR chemical identity of the chemical the PMN submitter first submits the substance subject to a SNUR is CBI. This by initiating the significant new use results of toxicity tests that would before the rule became effective, and procedure is cross-referenced in each permit a reasoned evaluation of the SNUR that includes specific significant then argue that the use was ongoing potential risks posed by these chemical before the effective date of the rule. new uses that are CBI. substances. Under recent TSCA section Under these procedures a Thus, persons who begin commercial 5(e) consent orders, each PMN submitter manufacture, import, or processing of manufacturer, importer, or processor is required to submit each study at least may request EPA to determine whether the chemical substances regulated 14 weeks (earlier TSCA section 5(e) through this SNUR will have to cease a proposed use would be a significant consent orders required submissions at new use under the rule. The any such activity before the effective least 12 weeks) before reaching the date of this rule. To resume their manufacturer, importer, or processor specified production limit. Listings of activities, these persons would have to must show that it has a bona fide intent the tests specified in the TSCA section comply with all applicable SNUR notice to manufacture, import, or process the 5(e) consent orders are included in Unit requirements and wait until the notice chemical substance and must identify IV. The SNURs contain the same review period, including all extensions, the specific use for which it intends to production volume limits as the TSCA expires (see Unit III.). manufacture, import, or process the EPA has promulgated provisions to section 5(e) consent orders. Exceeding chemical substance. If EPA concludes allow persons to comply with this these production limits is defined as a that the person has shown a bona fide SNUR before the effective date. If a significant new use. Persons who intend intent to manufacture, import, or person meets the conditions of advance to exceed the production limit must process the chemical substance, EPA compliance under § 721.45(h), the notify the Agency by submitting a will tell the person whether the use person is considered exempt from the SNUN at least 90 days in advance of identified in the bona fide submission requirements of the SNUR. commencement of non-exempt would be a significant new use under commercial manufacture, import, or the rule. Since most of the chemical VIII. Test Data and Other Information processing. identities of the chemical substances EPA recognizes that TSCA section 5 The recommended tests may not be subject to these SNURs are also CBI, does not require developing any the only means of addressing the manufacturers, importers, and particular test data before submission of potential risks of the chemical processors can combine the bona fide a SNUN, except where the chemical substance. However, SNUNs submitted submission under the procedure in substance subject to the SNUR is also for significant new uses without any test § 721.1725(b)(1) with that under subject to a test rule under TSCA data may increase the likelihood that § 721.11 into a single step. section 4 (see TSCA section 5(b)). EPA will take action under TSCA If EPA determines that the use Persons are required only to submit test section 5(e), particularly if satisfactory identified in the bona fide submission data in their possession or control and test results have not been obtained from would not be a significant new use, i.e., to describe any other data known to or a prior PMN or SNUN submitter. EPA the use does not meet the criteria reasonably ascertainable by them (see recommends that potential SNUN specified in the rule for a significant § 720.50). However, upon review of submitters contact EPA early enough so new use, that person can manufacture, PMNs and SNUNs, the Agency has the that they will be able to conduct the import, or process the chemical authority to require appropriate testing. appropriate tests. substance so long as the significant new In cases where EPA issued a TSCA SNUN submitters should be aware use trigger is not met. In the case of a section 5(e) consent order that requires that EPA will be better able to evaluate production volume trigger, this means or recommends certain testing, Unit IV. SNUNs which provide detailed that the aggregate annual production lists those tests. Unit IV. also lists information on the following: volume does not exceed that identified recommended testing for non-5(e) • Human exposure and in the bona fide submission to EPA. SNURs. Descriptions of tests are environmental release that may result Because of confidentiality concerns,

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations 47885

EPA does not typically disclose the Federal Register, are listed in 40 CFR uses are ‘‘new,’’ based on all actual production volume that part 9, and included on the related information currently available to EPA, constitutes the use trigger. Thus, if the collection instrument or form, if it appears that no small or large entities person later intends to exceed that applicable. EPA is amending the table in presently engage in such activities. A volume, a new bona fide submission 40 CFR part 9 to list the OMB approval SNUR requires that any person who would be necessary to determine number for the information collection intends to engage in such activity in the whether that higher volume would be a requirements contained in this rule. future must first notify EPA by significant new use. This listing of the OMB control numbers submitting a SNUN. Although some and their subsequent codification in the X. SNUN Submissions small entities may decide to pursue a CFR satisfies the display requirements significant new use in the future, EPA As stated in Unit II.C., according to of PRA and OMB’s implementing § 721.1(c), persons submitting a SNUN cannot presently determine how many, regulations at 5 CFR part 1320. This if any, there may be. However, EPA’s must comply with the same notice Information Collection Request (ICR) experience to date is that, in response to requirements and EPA regulatory was previously subject to public notice the promulgation of over 1,000 SNURs, procedures as persons submitting a and comment prior to OMB approval, PMN, including submission of test data and given the technical nature of the the Agency receives on average only 5 on health and environmental effects as table, EPA finds that further notice and notices per year. Of those SNUNs described in 40 CFR 720.50. SNUNs comment to amend it is unnecessary. As submitted from 2006–2008, only one must be mailed to the Environmental a result, EPA finds that there is ‘‘good appears to be from a small entity. In Protection Agency, OPPT Document cause’’ under section 553(b)(3)(B) of the addition, the estimated reporting cost Control Office (7407M), 1200 Administrative Procedure Act, 5 U.S.C. for submission of a SNUN (see Unit XI.) Pennsylvania Ave., NW., Washington, 553(b)(3)(B), to amend this table without is minimal regardless of the size of the DC 20460–0001. Information must be further notice and comment. firm. Therefore, EPA believes that the submitted in the form and manner set The information collection potential economic impacts of forth in EPA Form No. 7710–25. This requirements related to this action have complying with these SNURs are not form is available from the already been approved by OMB expected to be significant or adversely Environmental Assistance Division pursuant to PRA under OMB control impact a substantial number of small (7408M), 1200 Pennsylvania Ave., NW., number 2070–0012 (EPA ICR No. 574). entities. In a SNUR that published in the Washington, DC 20460–0001 (see This action does not impose any burden Federal Register of June 2, 1997 (62 FR § 721.25 and § 720.40). Forms and requiring additional OMB approval. If 29684) (FRL–5597–1), the Agency information are also available an entity were to submit a SNUN to the presented its general determination that electronically at http://www.epa.gov/ Agency, the annual burden is estimated final SNURs are not expected to have a opptintr/newchems/pubs/ to average between 30 and 170 hours significant economic impact on a pmnforms.htm. per response. This burden estimate substantial number of small entities, XI. Economic Analysis includes the time needed to review which was provided to the Chief instructions, search existing data Counsel for Advocacy of the Small EPA has evaluated the potential costs sources, gather and maintain the data Business Administration. of establishing SNUN requirements for needed, and complete, review, and potential manufacturers, importers, and submit the required SNUN. D. Unfunded Mandates Reform Act processors of the chemical substances Send any comments about the subject to this rule. EPA’s complete accuracy of the burden estimate, and Based on EPA’s experience with economic analysis is available in the any suggested methods for minimizing proposing and finalizing SNURs, State, docket. respondent burden, including through local, and Tribal governments have not XII. Statutory and Executive Order the use of automated collection been impacted by these rulemakings, Reviews techniques, to the Director, Collection and EPA does not have any reasons to Strategies Division, Office of believe that any State, local, or Tribal A. Executive Order 12866 Environmental Information (2822T), government will be impacted by this This rule establishes SNURs for Environmental Protection Agency, 1200 rule. As such, EPA has determined that several new chemical substances that Pennsylvania Ave., NW., Washington, this rule does not impose any were the subject of PMNs, or TSCA DC 20460–0001. Please remember to enforceable duty, contain any unfunded section 5(e) consent orders. The Office include the OMB control number in any mandate, or otherwise have any affect of Management and Budget (OMB) has correspondence, but do not submit any on small governments subject to the exempted these types of actions from completed forms to this address. requirements of sections 202, 203, 204, review under Executive Order 12866, C. Regulatory Flexibility Act or 205 of the Unfunded Mandates entitled Regulatory Planning and Reform Act of 1995 (UMRA) (Public Pursuant to section 605(b) of the Review (58 FR 51735, October 4, 1993). Law 104–4). Regulatory Flexibility Act (RFA) (5 B. Paperwork Reduction Act U.S.C. 601 et seq.), the Agency hereby E. Executive Order 13132 According to the Paperwork certifies that promulgation of these Reduction Act (PRA), 44 U.S.C. 3501 et SNURs will not have a significant This action will not have a substantial seq., an Agency may not conduct or adverse economic impact on a direct effect on States, on the sponsor, and a person is not required to substantial number of small entities. relationship between the national respond to a collection of information The rationale supporting this government and the States, or on the that requires OMB approval under the conclusion is discussed in this unit. The distribution of power and PRA, unless it has been approved by requirement to submit a SNUN applies responsibilities among the various OMB and displays a currently valid to any person (including small or large levels of government, as specified in OMB control number. The OMB control entities) who intends to engage in any Executive Order 13132, entitled numbers for EPA’s regulations in title 40 activity described in the rule as a Federalism (64 FR 43255, August 10, of the CFR, after appearing in the ‘‘significant new use.’’ Because these 1999).

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES 47886 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations

F. Executive Order 13175 report containing this rule and other 40 CFR citation OMB control No. This rule does not have Tribal required information to the U.S. Senate, implications because it is not expected the U.S. House of Representatives, and 721.10166 ...... 2070–0012 721.10167 ...... 2070–0012 to have substantial direct effects on the Comptroller General of the United States prior to publication of the rule in 721.10168 ...... 2070–0012 Indian Tribes. This does not *** * * significantly or uniquely affect the the Federal Register. This rule is not a communities of Indian Tribal ‘‘major rule’’ as defined by 5 U.S.C. 804(2). governments, nor does it involve or * * * * * impose any requirements that affect List of Subjects Indian Tribes. Accordingly, the PART 721—[AMENDED] requirements of Executive Order 13175, 40 CFR Part 9 Environmental protection, Reporting entitled Consultation and Coordination ■ 3. The authority citation for part 721 and recordkeeping requirements. with Indian Tribal Governments (65 FR continues to read as follows: 67249, November 9, 2000), do not apply 40 CFR Part 721 Environmental protection, Chemicals, Authority: 15 U.S.C. 2604, 2607, and to this rule. 2625(c). Hazardous substances, Reporting and G. Executive Order 13045 recordkeeping requirements. ■ 4. By adding new § 721.10157 to This action is not subject to Executive subpart E to read as follows: Dated: September 11, 2009. Order 13045, entitled Protection of Wendy C. Hamnett, § 721.10157 Benzeneethanol, Children from Environmental Health halo-,halocycloalkyl-,hydrazinealkyl- Acting Director, Office of Pollution Prevention Risks and Safety Risks (62 FR 19885, (generic). and Toxics. April 23, 1997), because this is not an (a) Chemical substance and economically significant regulatory ■ Therefore, 40 CFR parts 9 and 721 are amended as follows: significant new uses subject to reporting. action as defined by Executive Order (1) The chemical substance identified 12866, and this action does not address PART 9—[AMENDED] generically as benzeneethanol,halo- environmental health or safety risks ,halocycloalkyl-,hydrazinealkyl (PMN disproportionately affecting children. ■ 1. The authority citation for part 9 P–05–775) is subject to reporting under H. Executive Order 13211 continues to read as follows: this section for the significant new uses described in paragraph (a)(2) of this This action is not subject to Executive Authority: 7 U.S.C. 135 et seq., 136–136y; 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; section. Order 13211, entitled Actions 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 (2) The significant new uses are: Concerning Regulations That U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, (i) Protection in the workplace. Significantly Affect Energy Supply, 1321, 1326, 1330, 1342, 1344, 1345(d) and Requirements as specified in § 721.63 Distribution, or Use (66 FR 28355, May (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, (a)(1), (a)(2)(i), (a)(2)(ii), (a)(3), (b) 22, 2001), because this action is not 1971–1975 Comp. p. 973; 42 U.S.C. 241, (concentration set at 1.0%), and (c). expected to affect energy supply, 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, (ii) Hazard communication program. distribution, or use and because this 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, Requirements as specified in § 721.72 action is not a significant regulatory 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., (a), (b), (c), (d), (e) (concentration set at action under Executive Order 12866. 6901–6992k, 7401–7671q, 7542, 9601–9657, 11023, 11048. 1.0%), (f), (g)(1)(i) (eye irritation), I. National Technology Transfer and ■ 2. The table in § 9.1 is amended by (g)(1)(iii), (g)(1)(iv), (g)(1)(viii) Advancement Act adding the following sections in (sensitization), (g)(1)(ix), (g)(2)(i), In addition, since this action does not numerical order under the undesignated (g)(2)(v), (g)(3)(i), (g)(3)(ii), (g)(4) involve any technical standards, section center heading ‘‘Significant New Uses of (resulting in receiving stream levels 12(d) of the National Technology Chemical Substances’’ to read as exceeding 0.1 parts per billion (ppb)), Transfer and Advancement Act of 1995 follows: and (g)(5). (NTTAA), Public Law 104–113, section (iii) Release to water. Requirements as 12(d) (15 U.S.C. 272 note), does not § 9.1 OMB approvals under the Paperwork specified in § 721.90 (a)(4), (b)(4), and Reduction Act. apply to this action. (c)(4) (N=0.1). * * * * * (b) Specific requirements. The J. Executive Order 12898 provisions of subpart A of this part This action does not entail special 40 CFR citation OMB control No. apply to this section except as modified considerations of environmental justice by this paragraph. related issues as delineated by *** * * (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125 Executive Order 12898, entitled Federal . Actions to Address Environmental (a), (b), (c), (d), (e), (f), (g), (h), and (k) Justice in Minority Populations and Significant New Uses of Chemical are applicable to manufacturers, Low-Income Populations (59 FR 7629, Substances importers, and processors of this February 16, 1994). substance. *** * * (2) Limitations or revocation of XIII. Congressional Review Act certain notification requirements. The The Congressional Review Act, 5 721.10157 ...... 2070–0012 provisions of § 721.185 apply to this U.S.C. 801 et seq., generally provides 721.10158 ...... 2070–0012 section. 721.10159 ...... 2070–0012 that before a rule may take effect, the 721.10160 ...... 2070–0012 ■ 5. By adding new § 721.10158 to agency promulgating the rule must 721.10161 ...... 2070–0012 subpart E to read as follows: submit a rule report, which includes a 721.10162 ...... 2070–0012 copy of the rule, to each House of the 721.10163 ...... 2070–0012 § 721.10158 2-Pentanone, 3,5-dichloro-. Congress and to the Comptroller General 721.10164 ...... 2070–0012 (a) Chemical substance and of the United States. EPA will submit a 721.10165 ...... 2070–0012 significant new uses subject to reporting.

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations 47887

(1) The chemical substance identified as (b) Specific requirements. The apply to this section except as modified 2-pentanone, 3,5-dichloro- (PMN P–06– provisions of subpart A of this part by this paragraph. 16; CAS No. 58371–98–5) is subject to apply to this section except as modified (1) Recordkeeping. Recordkeeping reporting under this section for the by this paragraph. requirements as specified in § 721.125 significant new uses described in (1) Recordkeeping. Recordkeeping (a), (b), (c), and (k) are applicable to paragraph (a)(2) of this section. requirements as specified in § 721.125 manufacturers, importers, and (2) The significant new uses are: (a), (b), (c), and (k) are applicable to processors of this substance. (i) Protection in the workplace. manufacturers, importers, and (2) Limitations or revocation of Requirements as specified in § 721.63 processors of this substance. certain notification requirements. The (a)(1), (a)(2)(i), (a)(2)(ii), (a)(3), (a)(4), (2) Limitations or revocation of provisions of § 721.185 apply to this (a)(5), (a)(6), (b) (concentration set at certain notification requirements. The section. 1.0%), and (c). Respirators must provide provisions of § 721.185 apply to this ■ 9. By adding new § 721.10162 to a National Institute for Occupational section. subpart E to read as follows: Safety and Health (NIOSH) assigned ■ 7. By adding new § 721.10160 to subpart E to read as follows: § 721.10162 1,3 Dioxolane-4-butanol, 2- protection factor (APF) of at least 50. ethenyl-. The following NIOSH-approved § 721.10160 Poly(oxy-1,2-ethanediyl), (a) Chemical substance and respirator with an APF of 50 meets the .alpha.-[(13Z)-1-oxo-13-docosen-1-yl]-. significant new uses subject to reporting. minimum requirements for omega.-[[(13Z)-1-oxo-13-docosen-1-yl]oxy]-. (1) The chemical substance identified as § 721.63(a)(4): NIOSH-approved air- (a) Chemical substance and 1,3 dioxolane-4-butanol, 2-ethenyl- purifying, tight-fitting full facepiece significant new uses subject to reporting. (PMN P–08–24; CAS No. 2421–08–1) is respirator equipped with combination (1) The chemical substance identified as subject to reporting under this section organic gas/vapor P100 cartridges poly(oxy-1,2-ethanediyl), .alpha.-[(13Z)- for the significant new uses described in (organic vapor, acid gas, or substance- 1-oxo-13-docosen-1-yl]-.omega.-[[(13Z)- paragraph (a)(2) of this section. specific). 1-oxo-13-docosen-1-yl]oxy]- (PMN P– (2) The significant new uses are: (ii) Hazard communication program. 07–629; CAS No. 56565–72–1) is subject (i) Industrial, commercial, and Requirements as specified in § 721.72 to reporting under this section for the consumer activities. Requirements as (a), (b), (c), (d), (e) (concentration set at significant new uses described in specified in § 721.80(j). 1.0%), (f), (g)(1)(i), (g)(1)(ii), (g)(1)(iii), paragraph (a)(2) of this section. (ii) [Reserved] (g)(1)(iv), (g)(1)(viii), (g)(1)(ix), (g)(2)(i), (2) The significant new uses are: (b) Specific requirements. The (g)(2)(ii), (g)(2)(iii), (g)(2)(iv), (g)(2)(v), (i) Industrial, commercial, and provisions of subpart A of this part (g)(3)(i), (g)(3)(ii), (g)(4) (resulting in consumer activities. Requirements as apply to this section except as modified receiving stream levels exceeding 0.1 specified in § 721.80(j). by this paragraph. parts per billion (ppb)), and (g)(5). (ii) [Reserved] (1) Recordkeeping. Recordkeeping (iii) Release to water. Requirements as (b) Specific requirements. The requirements as specified in § 721.125 specified in § 721.90 (a)(4), (b)(4), and provisions of subpart A of this part (a), (b), (c), and (i) are applicable to (c)(4) (N=0.1). apply to this section except as modified manufacturers, importers, and (b) Specific requirements. The by this paragraph. processors of this substance. provisions of subpart A of this part (1) Recordkeeping. Recordkeeping (2) Limitations or revocation of apply to this section except as modified requirements as specified in § 721.125 certain notification requirements. The by this paragraph. (a), (b), (c), and (i) are applicable to provisions of § 721.185 apply to this (1) Recordkeeping. Recordkeeping manufacturers, importers, and section. requirements as specified in § 721.125 processors of this substance. (3) Determining whether a specific use (a), (b), (c), (d), (e), (f), (g), (h), and (k) (2) Limitations or revocation of is subject to this section. The provisions are applicable to manufacturers, certain notification requirements. The of § 721.1725(b)(1) apply to this section. importers, and processors of this provisions of § 721.185 apply to this ■ 10. By adding new § 721.10163 to substance. section. subpart E to read as follows: (3) Determining whether a specific use (2) Limitations or revocation of § 721.10163 Chloro fluoro alkane (generic). certain notification requirements. The is subject to this section. The provisions of § 721.1725(b)(1) apply to this section. (a) Chemical substance and provisions of § 721.185 apply to this significant new uses subject to reporting. section. ■ 8. By adding new § 721.10161 to subpart E to read as follows: (1) The chemical substance identified ■ 6. By adding new § 721.10159 to generically as chloro fluoro alkane subpart E to read as follows: § 721.10161 Substituted silyl methacrylate (PMN P–08–33) is subject to reporting (generic). § 721.10159 1-Docosanamine, N,N- under this section for the significant dimethyl-. (a) Chemical substance and new uses described in paragraph (a)(2) significant new uses subject to reporting. of this section. (a) Chemical substance and (1) The chemical substance identified (2) The significant new uses are: significant new uses subject to reporting. generically as substituted silyl (i) Industrial, commercial, and (1) The chemical substance identified as methacrylate (PMN P–08–3) is subject to consumer activities. Requirements as 1-docosanamine, N,N-dimethyl- (PMN reporting under this section for the specified in § 721.80 (f) and (s) (50,000 P–07–587; CAS No. 21542–96–1) is significant new uses described in kilograms). subject to reporting under this section paragraph (a)(2) of this section. (ii) Release to water. Requirements as for the significant new uses described in (2) The significant new uses are: specified in § 721.90 (b)(1) and (c)(1). paragraph (a)(2) of this section. (i) Release to water. Requirements as (b) Specific requirements. The (2) The significant new uses are: specified in § 721.90 (a)(1), (b)(1), and provisions of subpart A of this part (i) Release to water. Requirements as (c)(1). apply to this section except as modified specified in § 721.90 (a)(1), (b)(1), and (ii) [Reserved] by this paragraph. (c)(1). (b) Specific requirements. The (1) Recordkeeping. Recordkeeping (ii) [Reserved] provisions of subpart A of this part requirements as specified in § 721.125

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES 47888 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations

(a), (b), (c), (i), and (k) are applicable to provisions of § 721.185 apply to this ■ 15. By adding new § 721.10168 to manufacturers, importers, and section. subpart E to read as follows: processors of this substance. ■ 13. By adding new § 721.10166 to § 721.10168 Cesium tungsten oxide. (2) Limitations or revocation of subpart E to read as follows: certain notification requirements. The (a) Chemical substance and provisions of § 721.185 apply to this § 721.10166 1,3-Cyclohexanedione, 2-[2- significant new uses subject to reporting. section. chloro-4-(methylsulfonyl)-3-[(2,2,2- (1) The chemical substance identified as ■ 11. By adding new § 721.10164 to trifluoroethoxy)methyl]benzoyl]-, ion(1-), cesium tungsten oxide (PMN P–08–275; potassium salt (1:1). subpart E to read as follows: CAS No. 52350–17–1) is subject to (a) Chemical substance and reporting under this section for the § 721.10164 Benzenecarboximidamide, N- significant new uses subject to reporting. significant new uses described in hydroxy-4-nitro-. (1) The chemical substance identified as paragraph (a)(2) of this section. (a) Chemical substance and 1,3-cyclohexanedione, 2-[2-chloro-4- (2) The significant new uses are: significant new uses subject to reporting. (methylsulfonyl)-3-[(2,2,2- (i) Industrial, commercial, and (1) The chemical substance identified as trifluoroethoxy)methyl]benzoyl]-, ion(1- consumer activities. Requirements as benzenecarboximidamide, N-hydroxy-4- ), potassium salt (1:1) (PMN P–08–180; specified in § 721.80 (v)(2), (w)(2), and nitro- (PMN P–08–36; CAS No. 1613– CAS No. 1121649–70–4) is subject to (x)(2). 86–1) is subject to reporting under this reporting under this section for the (ii) [Reserved] section for the significant new uses significant new uses described in (b) Specific requirements. The described in paragraph (a)(2) of this paragraph (a)(2) of this section. provisions of subpart A of this part section. (2) The significant new uses are: apply to this section except as modified (2) The significant new uses are: (i) Release to water. Requirements as by this paragraph. (i) Release to water. Requirements as specified in § 721.90 (a)(4), (b)(4), and (1) Recordkeeping. Recordkeeping specified in § 721.90 (a)(1), (b)(1), and (c)(4) (N= 0.1). requirements as specified in § 721.125 (c)(1). (ii) [Reserved] (a), (b), (c), and (i) are applicable to (ii) [Reserved] (b) Specific requirements. The manufacturers, importers, and (b) Specific requirements. The provisions of subpart A of this part processors of this substance. provisions of subpart A of this part apply to this section except as modified (2) Limitations or revocation of apply to this section except as modified by this paragraph. certain notification requirements. The by this paragraph. (1) Recordkeeping. Recordkeeping provisions of § 721.185 apply to this (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125 section. requirements as specified in § 721.125 (a), (b), (c), and (k) are applicable to (a), (b), (c), and (k) are applicable to [FR Doc. E9–22533 Filed 9–17–09; 8:45 am] manufacturers, importers, and manufacturers, importers, and BILLING CODE 6560–50–S processors of this substance. processors of this substance. (2) Limitations or revocation of (2) Limitations or revocation of certain notification requirements. The certain notification requirements. The ENVIRONMENTAL PROTECTION provisions of § 721.185 apply to this provisions of § 721.185 apply to this AGENCY section. section. ■ 40 CFR Part 52 ■ 12. By adding new § 721.10165 to 14. By adding new § 721.10167 to subpart E to read as follows: subpart E to read as follows: [EPA–R08–OAR–2005–0463; FRL–8957–3] § 721.10167 Tetrafluoro nitrotoluene § 721.10165 Carbonotrithioic acid, Approval and Promulgation of State (generic). bis(phenylmethyl) ester. Implementation Plans; State of (a) Chemical substance and (a) Chemical substance and Colorado; Revisions to the Denver significant new uses subject to reporting. significant new uses subject to reporting. Emergency Episode Plan (1) The chemical substance identified as (1) The chemical substance identified AGENCY: carbonotrithioic acid, bis(phenylmethyl) generically as tetrafluoro nitrotoluene Environmental Protection ester (PMN P–08–138; CAS No.26504– (PMN P–08–212) is subject to reporting Agency (EPA). 29–0) is subject to reporting under this under this section for the significant ACTION: Direct Final Rule. new uses described in paragraph (a)(2) section for the significant new uses SUMMARY: EPA is taking direct final described in paragraph (a)(2) of this of this section. (2) The significant new uses are: action approving State Implementation section. Plan (SIP) revisions to the Denver (2) The significant new uses are: (i) Release to water. Requirements as Emergency Episode Plan submitted by (i) Industrial, commercial, and specified in § 721.90 (a)(1), (b)(1), and the State of Colorado on September 16, consumer activities. Requirements as (c)(1). 1997. EPA has determined that the specified in § 721.80(f). (ii) [Reserved] (ii) Release to water. Requirements as (b) Specific requirements. The Denver Emergency Episode Plan specified in § 721.90 (b)(1) and (c)(1). provisions of subpart A of this part revisions meet the requirements for the (b) Specific requirements. The apply to this section except as modified prevention of air pollution emergency provisions of subpart A of this part by this paragraph. episodes with ambient concentrations of apply to this section except as modified (1) Recordkeeping. Recordkeeping air pollutants that may endanger public by this paragraph. requirements as specified in § 721.125 health and welfare. The intended effect (1) Recordkeeping. Recordkeeping (a), (b), (c), and (k) are applicable to of this action is to make Federally requirements as specified in § 721.125 manufacturers, importers, and enforceable those provisions that EPA is (a), (b), (c), (i), and (k) are applicable to processors of this substance. approving. This action is being taken manufacturers, importers, and (2) Limitations or revocation of under section 110 of the Clean Air Act. processors of this substance. certain notification requirements. The DATES: This rule is effective on (2) Limitations or revocation of provisions of § 721.185 apply to this November 17, 2009 without further certain notification requirements. The section. notice, unless EPA receives adverse

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations 47889

comment by October 19, 2009. If technical difficulties and cannot contact VI. Statutory and Executive Order Review adverse comment is received, EPA will you for clarification, EPA may not be I. General Information publish a timely withdrawal of the able to consider your comment. direct final rule in the Federal Register Electronic files should avoid the use of What Should I Consider as I Prepare informing the public that the rule will special characters, any form of My Comments for EPA? not take effect. encryption, and be free of any defects or 1. Submitting CBI. Do not submit CBI ADDRESSES: Submit your comments, viruses. For additional instructions on to EPA through http:// identified by Docket ID No. EPA–R08– submitting comments, go to Section I. www.regulations.gov or e-mail. Clearly OAR–2005–0463, by one of the General Information of the mark the part or all of the information following methods: SUPPLEMENTARY INFORMATION section of that you claim to be CBI. For CBI • http://www.regulations.gov. Follow this document. information in a disk or CD–ROM that the on-line instructions for submitting Docket: All documents in the docket you mail to EPA, mark the outside of the comments. are listed in the http:// disk or CD–ROM as CBI and then • E-mail: [email protected] and www.regulations.gov index. Although identify electronically within the disk or [email protected]. listed in the index, some information is CD–ROM the specific information that • Fax: (303) 312–6064 (please alert not publicly available, e.g., CBI or other is claimed as CBI. In addition to one the individual listed in the FOR FURTHER information whose disclosure is complete version of the comment that INFORMATION CONTACT if you are faxing restricted by statute. Certain other includes information claimed as CBI, a comments). material, such as copyrighted material, copy of the comment that does not • Mail: Callie Videtich, Director, Air will be publicly available only in hard contain the information claimed as CBI Program, Environmental Protection copy. Publicly-available docket must be submitted for inclusion in the Agency (EPA), Region 8, Mailcode 8P– materials are available either public docket. Information so marked AR, 1595 Wynkoop Street, Denver, electronically in http:// will not be disclosed except in Colorado 80202–1129. www.regulations.gov or in hard copy at accordance with procedures set forth in • Hand Delivery: Callie Videtich, the Air Program, Environmental 40 CFR part 2. Director, Air Program, Environmental Protection Agency (EPA), Region 8, 2. Tips for Preparing Your Comments. Protection Agency (EPA), Region 8, Mailcode 8P–AR, 1595 Wynkoop Street, When submitting comments, remember Mailcode 8P–AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129. EPA to: Denver, Colorado 80202–1129. Such requests that if at all possible, you a. Identify the rulemaking by docket deliveries are only accepted Monday contact the individual listed in the FOR number and other identifying through Friday, 8 a.m. to 4:30 p.m., FURTHER INFORMATION CONTACT section to information (subject heading, Federal excluding Federal holidays. Special view the hard copy of the docket. You Register date and page number). arrangements should be made for may view the hard copy of the docket b. Follow directions—The agency may deliveries of boxed information. Monday through Friday, 8 a.m. to 4 ask you to respond to specific questions Instructions: Direct your comments to p.m., excluding Federal holidays. or organize comments by referencing a Docket ID No. EPA–R08–OAR–2005– FOR FURTHER INFORMATION CONTACT: Code of Federal Regulations (CFR) part 0463. EPA’s policy is that all comments Domenico Mastrangelo, Air Program, or section number. received will be included in the public U.S. Environmental Protection Agency, c. Explain why you agree or disagree; docket without change and may be Region 8, Mailcode 8P–AR, 1595 suggest alternatives and substitute made available online at http:// Wynkoop Street, Denver, Colorado language for your requested changes. www.regulations.gov, including any 80202–1129, (303) 312–6436, d. Describe any assumptions and personal information provided, unless [email protected]. provide any technical information and/ the comment includes information SUPPLEMENTARY INFORMATION: or data that you used. claimed to be Confidential Business e. If you estimate potential costs or Information (CBI) or other information Definitions burdens, explain how you arrived at whose disclosure is restricted by statute. For the purpose of this document, we your estimate in sufficient detail to Do not submit information that you are giving meaning to certain words or allow for it to be reproduced. consider to be CBI or otherwise initials as follows: f. Provide specific examples to protected through http:// (i) The words or initials Act or CAA illustrate your concerns, and suggest www.regulations.gov or e-mail. The mean or refer to the Clean Air Act, alternatives. http://www.regulations.gov Web site is unless the context indicates otherwise. g. Explain your views as clearly as an ‘‘anonymous access’’ system, which (ii) The words EPA, we, us or our possible, avoiding the use of profanity means EPA will not know your identity mean or refer to the United States or personal threats. or contact information unless you Environmental Protection Agency. h. Make sure to submit your provide it in the body of your comment. (iii) The initials SIP mean or refer to comments by the comment period If you send an e-mail comment directly State Implementation Plan. deadline identified. to EPA, without going through http:// (iv) The words Colorado and State www.regulations.gov your e-mail mean the State of Colorado. II. What Is the Purpose of This Action? address will be automatically captured Table of Contents EPA is approving the Denver and included as part of the comment Emergency Episode Plan (DEEP) that is placed in the public docket and I. General Information adopted into the State of Colorado SIP made available on the Internet. If you What Should I Consider as I Prepare My on February 28, 1996, and submitted to submit an electronic comment, EPA Comments for EPA? EPA September 16, 1997. The 1996 II. What Is the Purpose of This Action? recommends that you include your III. What Is the State Process To Submit DEEP satisfies 40 CFR part 51, subpart name and other contact information in These Materials to EPA? H, which requires a plan to prevent the body of your comment and with any IV. EPA’s Evaluation of the Denver ambient concentrations of air pollutants disk or CD–ROM you submit. If EPA Emergency Episode Plan Revisions from reaching levels that may endanger cannot read your comment due to V. Final Action public health and welfare.

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES 47890 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations

III. What Is the State Process To Submit simultaneously promulgated primary will be effective November 17, 2009 These Materials to EPA? and secondary ambient air quality without further notice unless the The provisions of Section 110(k) of standards for PM10 intended to be more Agency receives adverse comments by protective of the public health and the October 19, 2009. If the EPA receives the CAA govern EPA’s review of SIP 1 revisions submittals. The CAA also environment. adverse comments, EPA will publish a The 1996 Denver Emergency Episode requires States to follow certain timely withdrawal in the Federal Plan retained the 1972 plan’s three procedural requirements when Register informing the public that the contingency stages (Alert, Warning, and developing SIP revisions that are rule will not take effect. EPA will Emergency), thus satisfying the 40 CFR submitted to EPA. Section 110(a)(2) of address all public comments in a 51.152 requirement that contingency the CAA requires that each SIP revision subsequent final rule based on the plans include two or more contingency be adopted after reasonable notice and proposed rule. The EPA will not stages. The 1996 Plan also adopted institute a second comment period on public hearing, a process which must EPA’s contingency thresholds (40 CFR occur prior to submitting the revision to this action. Any parties interested in part 51, Appendix L) for each of the commenting must do so at this time. EPA. pollutants noted above. During the years The Colorado Air Quality Control Please note that if EPA receives adverse since the adoption of the revised Plan in comment on an amendment, paragraph, Commission (AQCC) held a public 1996, the levels of CO, 1-hour Ozone, hearing to propose revisions to the 1972 or section of this rule and if that and 24-hour PM10, registered at provision may be severed from the DEEP on January 18, 1996, adopted the monitoring stations in the Denver revised plan on February 28, 1996, and remainder of the rule, EPA may adopt metropolitan area remained well below as final those provisions of the rule that submitted the revisions to EPA on the thresholds triggering contingency September 16, 1997. However, this are not the subject of an adverse plans for the Alert stage. Furthermore, comment. submittal was affected by copying during the October 2001 to October issues, and the version EPA received 2002 period the Denver metropolitan VI. Statutory and Executive Order was missing several pages. Therefore, area was redesignated to attainment Review EPA requested a replacement copy on with the NAAQS for these three criteria A. General Requirements March 4, 2009, and, on April 28, 2009, pollutants.2 the AQCC office provided a complete The Plan’s administrative changes Under the Clean Air Act, the copy of the original September 16, 1997 included style and terminology updates, Administrator is required to approve a submittal package from the AQCC as well as identification of the State of SIP submission that complies with the archives. Colorado departments and offices provisions of the Act and applicable We have evaluated the submittal of responsible to implement specific Federal regulations. 42 U.S.C. 7410(k); these SIP revisions by the State of contingency measures. We believe these 40 CFR 52.02(a). Thus, in reviewing SIP Colorado and have determined that the administrative changes are not submissions, EPA’s role is to approve State met the requirements for substantive. State choices, provided that they meet reasonable notice and public hearing the criteria of the Clean Air Act. under Section 110(a)(2) of the CAA. V. Final Action Accordingly, this action merely EPA is approving the State of approves State law as meeting Federal IV. EPA’s Evaluation of the Denver Colorado’s Denver Emergency Episode requirements and does not impose Emergency Episode Plan Revisions Plan, submitted on September 16, 1997, additional requirements beyond those EPA has reviewed the 1996 Denver and is amending 40 CFR 52.321 to imposed by State law. For that reason, Emergency Episode Plan, submitted on reflect that the State has adequately this action: September 16, 1997 and has determined revised its Plan to comply with the • Is not a ‘‘significant regulatory that approval is warranted. The original requirements of 40 CFR part 51, subpart action’’ subject to review by the Office Denver Emergency Episode Plan was H in light of the 1987 PM10 standard. of Management and Budget under adopted by the Colorado AQCC in EPA is publishing this rule without Executive Order 12866 (58 FR 51735, January 1972 and approved by EPA in prior proposal because the Agency October 4, 1993); May of the same year (37 FR 10842, May views this as a noncontroversial • Does not impose an information 31, 1972.) The revisions EPA is acting amendment and anticipates no adverse collection burden under the provisions on today apply to the Denver comments. However, in the Proposed of the Paperwork Reduction Act (44 metropolitan area (including the Rules section of today’s Federal U.S.C. 3501 et seq.); Denver, Jefferson, and Douglas Counties Register publication, EPA is publishing • Is certified as not having a as well as portions of Adams, Arapahoe, a separate document that will serve as significant economic impact on a and Boulder Counties) for the following the proposal to approve the SIP revision substantial number of small entities criteria pollutants: 8-hour Carbon if adverse comments are filed. This rule under the Regulatory Flexibility Act (5 Monoxide (CO), 1-hour Ozone (O3), and U.S.C. 601 et seq.); 1 24-hour PM10, particulate matter with PM10 was defined as airborne particulate matter • Does not contain any unfunded an aerodynamic diameter less than or with an aerodynamic diameter of less than or equal mandate or significantly or uniquely to ten microns. The 24-hour primary PM10 standard equal to 10 micrometers. was set to 150 μg/m3, with no more than one affect small governments, as described The revised Denver Emergency expected exceedance per year, replacing the 24- in the Unfunded Mandates Reform Act Episode Plan, adopted by the Colorado hour TSP standard of 260 μg/m3. The annual of 1995 (Pub. L. 104–4); μ 3 AQCC in February of 1996, makes primary PM10 standard was set to 50 g/m , • Does not have Federalism expected annual arithmetic mean, replacing the substantive and administrative changes annual TSP standard of 75 μg/m3, annual geometric implications as specified in Executive to the 1972 DEEP. The substantive mean. Order 13132 (64 FR 43255, August 10, changes reflect EPA’s July 1, 1987 2 The effective dates for redesignation to 1999); promulgation of a rule (52 FR 24634) attainment were October 11, 2001 for 1-hour Ozone • Is not an economically significant (66 FR 47086, September 11, 2001), January 14, that changed the indicator for 2002 for Carbon Monoxide (66 FR 64751, December regulatory action based on health or particulate matter from Total Suspended 14, 2001), and October 16, 2002 for 24-hour PM10 safety risks subject to Executive Order Particulate (TSP) to PM10. This rule (67 FR 58335, September 16, 2002.) 13045 (62 FR 19885, April 23, 1997);

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations 47891

• Is not a significant regulatory action section of today’s Federal Register, requests for hearings must be received subject to Executive Order 13211 (66 FR rather than file an immediate petition on or before November 17, 2009, and 28355, May 22, 2001); for judicial review of this direct final must be filed in accordance with the • Is not subject to requirements of rule, so that EPA can withdraw this instructions provided in 40 CFR part Section 12(d) of the National direct final rule and address the 178 (see also Unit I.C. of the Technology Transfer and Advancement comment in the proposed rulemaking. SUPPLEMENTARY INFORMATION). Act of 1995 (15 U.S.C. 272 note) because This action may not be challenged later ADDRESSES: EPA has established a application of those requirements would in proceedings to enforce its docket for this action under docket be inconsistent with the Clean Air Act; requirements. (See section 307(b)(2).) identification (ID) number EPA–HQ– and • List of Subjects in 40 CFR Part 52 OPP–2008–0813. All documents in the Does not provide EPA with the docket are listed in the docket index discretionary authority to address, as Environmental protection, Air available at http://www.regulations.gov. appropriate, disproportionate human pollution control, Incorporation by Although listed in the index, some health or environmental effects, using reference, Intergovernmental relations, information is not publicly available, practicable and legally permissible Nitrogen dioxide, Ozone, Particulate e.g., Confidential Business Information methods, under Executive Order 12898 matter, Reporting and recordkeeping (CBI) or other information whose (59 FR 7629, February 16, 1994). requirements, Volatile Organic disclosure is restricted by statute. In addition, this rule does not have Compounds. Certain other material, such as Tribal implications as specified by Dated: September 4, 2009. copyrighted material, is not placed on Executive Order 13175 (65 FR 67249, Carol Rushin, the Internet and will be publicly November 9, 2000), because the SIP is Acting Regional Administrator, Region 8. available only in hard copy form. not approved to apply in Indian country ■ 40 CFR part 52 is amended as follows: Publicly available docket materials are located in the State, and EPA notes that available in the electronic docket at it will not impose substantial direct PART 52—[AMENDED] http://www.regulations.gov, or, if only costs on Tribal governments or preempt available in hard copy, at the OPP Tribal law. ■ 1. The authority citation for Part 52 Regulatory Public Docket in Rm. S– B. Submission to Congress and the continues to read as follows: 4400, One Potomac Yard (South Bldg.), Comptroller General Authority: 42 U.S.C. 7401 et seq. 2777 S. Crystal Dr., Arlington, VA. The Docket Facility is open from 8:30 a.m. The Congressional Review Act, 5 Subpart G—Colorado U.S.C. 801 et seq., as added by the Small to 4 p.m., Monday through Friday, Business Regulatory Enforcement ■ 2. Section 52.321 is amended by excluding legal holidays. The Docket Fairness Act of 1996, generally provides revising the introductory text to read as Facility telephone number is (703) 305– that before a rule may take effect, the follows: 5805. agency promulgating the rule must FOR FURTHER INFORMATION CONTACT: submit a rule report, which includes a § 52.321 Classification of regions. Joanne Miller, Registration Division copy of the rule, to each House of the The revised Denver Emergency (7505P), Office of Pesticide Programs, Congress and to the Comptroller General Episode Plan, adopted by the State of Environmental Protection Agency, 1200 of the United States. EPA will submit a Colorado February 28, 1996, was Pennsylvania Ave., NW., Washington, report containing this action and other submitted by the Governor of Colorado DC 20460–0001; telephone number: required information to the U.S. Senate, with a September 16, 1997 letter. (703) 305–6224; e-mail address: the U.S. House of Representatives, and * * * * * [email protected]. the Comptroller General of the United [FR Doc. E9–22279 Filed 9–17–09; 8:45 am] SUPPLEMENTARY INFORMATION: States prior to publication of the rule in the Federal Register. A major rule BILLING CODE 6560–50–P I. General Information cannot take effect until 60 days after it A. Does this Action Apply to Me? is published in the Federal Register. ENVIRONMENTAL PROTECTION You may be potentially affected by This action is not a ‘‘major rule’’ as AGENCY defined by 5 U.S.C. 804(2). this action if you are an agricultural 40 CFR Part 180 producer, food manufacturer, or C. Petitions for Judicial Review pesticide manufacturer. Potentially Under section 307(b)(1) of the Clean [EPA–HQ–OPP–2008–0813; FRL–8431–5] affected entities may include, but are Air Act, petitions for judicial review of not limited to those engaged in the this action must be filed in the United Tembotrione; Pesticide Tolerances following activities: States Court of Appeals for the AGENCY: Environmental Protection • Crop production (NAICS code 111). appropriate circuit by November 17, Agency (EPA). • Animal production (NAICS code 2009. Filing a petition for ACTION: Final rule. 112). reconsideration by the Administrator of • Food manufacturing (NAICS code this final rule does not affect the finality SUMMARY: This regulation revises the 311). of this action for the purposes of judicial tolerances for residues of the herbicide • Pesticide manufacturing (NAICS review nor does it extend the time tembotrione, including its metabolites code 32532). within which a petition for judicial and degradates, in or on corn, sweet This listing is not intended to be review may be filed, and shall not forage; corn, sweet, stover; and corn, exhaustive, but rather to provide a guide postpone the effectiveness of such rule sweet, kernel plus cob with husks for readers regarding entities likely to be or action. Parties with objections to this removed. Bayer CropScience requested affected by this action. Other types of direct final rule are encouraged to file a these tolerances under the Federal Food, entities not listed in this unit could also comment in response to the parallel Drug, and Cosmetic Act (FFDCA). be affected. The North American notice of proposed rulemaking for this DATES: This regulation is effective Industrial Classification System action published in the proposed rules September 18, 2009. Objections and (NAICS) codes have been provided to

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES 47892 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations

assist you and others in determining (8:30 a.m. to 4 p.m., Monday through tolerance and to ‘‘ensure that there is a whether this action might apply to Friday, excluding legal holidays). reasonable certainty that no harm will certain entities. If you have any Special arrangements should be made result to infants and children from questions regarding the applicability of for deliveries of boxed information. The aggregate exposure to the pesticide this action to a particular entity, consult Docket Facility telephone number is chemical residue. . . .’’ the person listed under FOR FURTHER (703) 305–5805. Consistent with section 408(b)(2)(D) INFORMATION CONTACT. of FFDCA, and the factors specified in II. Petition for Tolerance section 408(b)(2)(D) of FFDCA, EPA has B. How Can I Access Electronic Copies In the Federal Register of December 3, reviewed the available scientific data of this Document? 2008 (73 FR 73651) (FRL–8391–3), EPA and other relevant information in In addition to accessing electronically issued a notice pursuant to section support of this action. EPA has available documents at http:// 408(d)(3) of FFDCA, 21 U.S.C. sufficient data to assess the hazards of www.regulations.gov, you may access 346a(d)(3), announcing the filing of a and to make a determination on this Federal Register document pesticide petition (PP 8F7452) by Bayer aggregate exposure for the petitioned-for electronically through the EPA Internet CropScience, 2 T.W. Alexander Drive, tolerances for residues of the herbicide under the ‘‘Federal Register’’ listings at Research Triangle Park, NC 27709. The tembotrione and its metabolites and http://www.epa.gov/fedrgstr. You may petition requested that 40 CFR 180.634 degradates, in or on corn, sweet, kernel also access a frequently updated be amended by revising tolerances for plus cob with husks removed at 0.01 electronic version of EPA’s tolerance combined residues of the herbicide ppm; corn, sweet, forage at 0.35 ppm; regulations at 40 CFR part 180 through tembotrione and its metabolites in or on and corn, sweet, stover at 0.60 ppm. the Government Printing Office’s e-CFR corn, sweet, kernel plus cob with husks EPA’s assessment of exposures and risks cite at http://www.gpoaccess.gov/ecfr. removed from 0.04 to 0.01 parts per associated with establishing tolerances million (ppm); corn, sweet, forage from follows. C. Can I File an Objection or Hearing 1.0 ppm to 0.09 ppm; and corn, sweet, In the Federal Register of September Request? stover from 1.2 ppm to 0.15 ppm. That 28, 2007 (72 FR 55078) (FRL–8148–2) Under section 408(g) of FFDCA, 21 notice referenced a summary of the the Agency published a final rule U.S.C. 346a, any person may file an petition prepared by Bayer CropScience, establishing tolerances for combined objection to any aspect of this regulation the registrant, which is available to the residues of tembotrione and its M5 and may also request a hearing on those public in the docket, http:// metabolite in or on corn, sweet, kernel objections. You must file your objection www.regulations.gov. There were no plus cob with husks removed at 0.04 or request a hearing on this regulation comments received in response to the ppm; corn, sweet, forage at 1.0 ppm; and in accordance with the instructions notice of filing. corn, sweet stover at 1.2 ppm. When the provided in 40 CFR part 178. To ensure Based upon review of the data Agency conducted the risk assessment proper receipt by EPA, you must supporting the petition, EPA has in support of the September 2007 identify docket ID number EPA–HQ– determined that the proposed tolerances tolerance action, it considered the use of OPP–2008–0813 in the subject line on should be revised as follows: corn, tembotrione on corn (field and sweet), the first page of your submission. All sweet, forage at 0.35 ppm; corn, sweet, incorporating potential residues of requests must be in writing, and must be stover at 0.60 ppm. EPA has also tembotrione and its metabolites in or on mailed or delivered to the Hearing Clerk determined that the tolerance for corn, corn commodities and secondary as required by 40 CFR part 178 on or sweet, kernel plus cob with husks residues of tembotrione in livestock before November 17, 2009. removed is acceptable at the proposed commodities from consumption of In addition to filing an objection or level of 0.01 ppm but that compliance treated feedstuffs, including corn forage. hearing request with the Hearing Clerk with the tolerance level is to be Residues of tembotrione on corn and as described in 40 CFR part 178, please determined by measuring only parent livestock commodities were assumed to submit a copy of the filing that does not tembotrione. The reasons for these be present at tolerance levels. Since EPA contain any CBI for inclusion in the changes are explained in Unit IV.C. considered the residues of tembotrione on corn, sweet, kernel plus cob with public docket that is described in III. Aggregate Risk Assessment and ADDRESSES husks removed; corn, sweet, forage; and . Information not marked Determination of Safety confidential pursuant to 40 CFR part 2 corn, sweet, stover at a higher level in may be disclosed publicly by EPA Section 408(b)(2)(A)(i) of FFDCA its most recent risk assessments, without prior notice. Submit this copy, allows EPA to establish a tolerance (the reducing the tolerances on sweet corn identified by docket ID number EPA– legal limit for a pesticide chemical commodities will reduce the estimated HQ–OPP–2008–0813, by one of the residue in or on a food) only if EPA aggregate exposures resulting from use following methods: determines that the tolerance is ‘‘safe.’’ of tembotrione. While it is true that • Federal eRulemaking Portal: http:// Section 408(b)(2)(A)(ii) of FFDCA lowering the tolerances will reduce the www.regulations.gov. Follow the on-line defines ‘‘safe’’ to mean that ‘‘there is a estimated exposure to tembotrione, instructions for submitting comments. reasonable certainty that no harm will changes have occurred in toxicology • Mail: Office of Pesticide Programs result from aggregate exposure to the data requirements for pesticides since (OPP) Regulatory Public Docket (7502P), pesticide chemical residue, including the 2007 risk assessment was completed Environmental Protection Agency, 1200 all anticipated dietary exposures and all which could impact the Food Quality Pennsylvania Ave., NW., Washington, other exposures for which there is Protection Act (FQPA) safety factor (SF) DC 20460–0001. reliable information.’’ This includes for tembotrione, currently retained at • Delivery: OPP Regulatory Public exposure through drinking water and in 10X for acute and chronic dietary risk Docket (7502P), Environmental residential settings, but does not include assessment. EPA’s assessment of the Protection Agency, Rm. S–4400, One occupational exposure. Section new data requirements as they relate to Potomac Yard (South Bldg.), 2777 S. 408(b)(2)(C) of FFDCA requires EPA to the FQPA safety factor for tembotrione Crystal Dr., Arlington, VA. Deliveries give special consideration to exposure is discussed below. are only accepted during the Docket of infants and children to the pesticide EPA began requiring acute and Facility’s normal hours of operation chemical residue in establishing a subchronic neurotoxicity testing and

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations 47893

functional immunotoxicity testing of all from aggregate exposure to tembotrione expression makes clear that the food and non-food use pesticides on residues. tolerances cover ‘‘residues of December 26, 2007 (40 CFR part 158 tembotrione, including its metabolites IV. Other Considerations subpart F). Acute and subchronic and degradates,’’ and that compliance neurotoxicity studies in rats, as well as A. Analytical Enforcement Methodology with the tolerance levels for all commodities except corn, sweet, kernel a developmental neurotoxicity (DNT) An Adequate enforcement plus cob with husks removed, will be study in rats are available for methodology, liquid chromatography/ determined by measuring only the sum tembotrione and were considered by mass spectroscopy (LC/MS/MS) method of tembotrione, 2-[2-chloro-4- EPA in its 2007 aggregate risk is available to enforce the tolerance (methylsulfonyl)-3-[(2,2,2- assessment and FQPA safety factor expression. The method may be trifluoroethoxy)methyl]benzoyl]-1,3- determination. Immunotoxicity data are requested from: Chief, Analytical cyclohexanedione and its metabolite, 2- not available for tembotrione. In the Chemistry Branch, Environmental [2-chloro-4-(methylsulfonyl)-3-[(2,2,2- absence of specific immunotoxicity Science Center, 701 Mapes Rd., Ft. trifluoroethoxy) methyl]benzoyl]-4,6- studies, EPA has evaluated the available Meade, MD 20755–5350; telephone tembotrione toxicity data to determine dihydroxy-1,3-cyclohexanedione, number (410) 305–905; e-mail address: calculated as the stoichiometric whether an additional database [email protected]. uncertainty factor is needed to account equivalent of tembotrione. Compliance for potential immunotoxicity. The B. International Residue Limits with the tolerance level for corn, sweet, kernel plus cob with husks removed decreased absolute and relative thymus There is neither a Codex proposal, nor will be determined by measuring only weights observed in female rats in the Canadian or Mexican limits for residues subchronic oral toxicity study were not tembotrione. of tembotrione and its metabolites in or EPA has determined that it is corroborated with histopathological on crops or livestock commodities. changes, and there were no thymus reasonable to make this change final effects in other subchronic, chronic and C. Revisions to Petitioned-For without prior proposal and opportunity carcinogenicity studies in rats. Tolerances for comment, because public comment is not necessary, in that the change has Therefore, the thymus weight changes The submitted data support the no substantive effect on the tolerances, in this study are spurious effects and following revised tolerances for residues not indicative of immunotoxicity. The but rather is merely intended to clarify of tembotrione in or on sweet corn the existing tolerance expression. increased incidence of minimal commodities: Corn, sweet, kernel plus extramedullary hematopoeisis of the cob with husks removed at 0.01 ppm; V. Conclusion spleen in the rat offspring of the corn, sweet, forage at 0.35 ppm; corn, Therefore, tolerances are revised for reproduction toxicity study and the sweet, stover at 0.60 ppm. EPA revised residues of the herbicide tembotrione, anemia seen in the mice in the the tolerance levels for corn, sweet, including its metabolites and carcinogenicity study are indicators of forage and stover from those proposed degradates, in or on corn, sweet, kernel toxicity to the hematopoietic system and by the registrant based on analyses of plus cob with husks removed at 0.01 not indicators of frank immunotoxicity. the residue field trial data using the ppm; corn, sweet, forage at 0.35 ppm; No other effects on organs of the Agency’s Tolerance Spreadsheet in and corn, sweet, stover at 0.60 ppm. immune system were seen, and the accordance with the Agency’s Guidance Compliance with the tolerance levels toxicity profile clearly indicates the eye, for Setting Pesticide Tolerances Based specified for corn, sweet, forage and liver and kidneys to be the target organs on Field Trial Data. There were no stover is to be determined by measuring for tembotrione-induced toxicity. detectable residues of tembotrione in only the sum of tembotrione, 2-[2- Additionally, tembotrione does not corn, sweet, kernel plus cob with husks chloro-4-(methylsulfonyl)-3-[(2,2,2- belong to a class of chemicals (e.g., the removed; and metabolism data for trifluoroethoxy)methyl]benzoyl]-1,3- organotins, heavy metals, or tembotrione show that while M5 is a cyclohexanedione and its metabolite, 2- halogenated aromatic hydrocarbons) major metabolite in forage and stover, it [2-chloro-4-(methylsulfonyl)-3-[(2,2,2- that would be expected to be was present at less then 1% of the Total trifluoroethoxy) methyl]benzoyl]-4,6- immunotoxic in laboratory animals. Radioactive Residue (TRR) in corn dihydroxy-1,3-cyclohexanedione, Therefore, the Agency does not believe grain. Based on the results of these field calculated as the stoichiometric that conducting immunotoxicity testing trial and metabolism studies, the equivalent of tembotrione, in or on the will result in doses lower than those tolerance for corn, sweet, kernel plus commodities. Compliance with currently used for overall risk cob with husks removed is being tolerance level for corn, sweet, kernel assessments (0.8 milligrams/kilograms/ established at the limit of quantitation plus cob with husks removed, will be day (mg/kg/day) for acute and 0.04 mg/ (0.01 ppm) for tembotrione. determined by measuring only kg/day for repeated exposures) and an Tolerances for tembotrione are tembotrione. additional uncertainty factor is not currently expressed in terms of ‘‘2-[2- needed to account for potential chloro-4-(methylsulfonyl)-3-[(2,2,2- VI. Statutory and Executive Order immunotoxicity. Based on these trifluoroethoxy)methyl]benzoyl]-1,3- Reviews considerations, EPA concludes that no cyclohexanedione, and its metabolite, 2- This final rule establishes tolerances uncertainty factors are required in [2-chloro-4-(methylsulfonyl)-3-[(2,2,2- under section 408(d) of FFDCA in addition to those used in the 2007 risk trifluoroethoxy)methyl]benzoyl]-4,6- response to a petition submitted to the assessment for tembotrione. dihydroxy-1,3-cyclohexanedione.’’ EPA Agency. The Office of Management and Therefore, based on the risk is revising the tolerance expression for Budget (OMB) has exempted these types assessments discussed in the final rule existing tolerances and the new of actions from review under Executive published in the Federal Register of tolerances on sweet corn commodities Order 12866, entitled Regulatory September 28, 2007, EPA concludes that to clarify the chemical moieties that are Planning and Review (58 FR 51735, there is a reasonable certainty that no covered by the tolerances and specify October 4, 1993). Because this final rule harm will result to the general how compliance with the tolerances is has been exempted from review under population, or to infants and children to be measured. The revised tolerance Executive Order 12866, this final rule is

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES 47894 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations

not subject to Executive Order 13211, that before a rule may take effect, the Commodity Parts per million entitled Actions Concerning Regulations agency promulgating the rule must That Significantly Affect Energy Supply, submit a rule report to each House of ***** Distribution, or Use (66 FR 28355, May the Congress and to the Comptroller Corn, sweet, forage ...... 0.35 22, 2001) or Executive Order 13045, General of the United States. EPA will Corn, sweet, stover ...... 0.60 entitled Protection of Children from submit a report containing this rule and ***** Environmental Health Risks and Safety other required information to the U.S. Risks (62 FR 19885, April 23, 1997). Senate, the U.S. House of (2) Tolerances are established for This final rule does not contain any Representatives, and the Comptroller residues of the herbicide tembotrione, information collections subject to OMB General of the United States prior to including its metabolites and approval under the Paperwork publication of this final rule in the degradates, in or on the commodities Reduction Act (PRA), 44 U.S.C. 3501 et Federal Register. This final rule is not listed in the table to this paragraph. seq., nor does it require any special a ‘‘major rule’’ as defined by 5 U.S.C. Compliance with the tolerance levels considerations under Executive Order 804(2). specified below is to be determined by 12898, entitled Federal Actions to measuring only tembotrione, 2-[2- Address Environmental Justice in List of Subjects in 40 CFR Part 180 chloro-4-(methylsulfonyl)-3-[(2,2,2- Minority Populations and Low-Income Environmental protection, trifluoroethoxy)methyl]benzoyl]-1,3- Populations (59 FR 7629, February 16, Administrative practice and procedure, cyclohexanedione in or on the following 1994). Agricultural commodities, Pesticides commodities. Since tolerances and exemptions that and pests, Reporting and recordkeeping are established on the basis of a petition requirements. Commodity Parts per million under section 408(d) of FFDCA, such as Dated: September 8, 2009. Corn, sweet, kernel plus the tolerance in this final rule, do not Lois Rossi, cob with husks re- require the issuance of a proposed rule, moved ...... 0.01 the requirements of the Regulatory Director, Registration Division, Office of Pesticide Programs. Flexibility Act (RFA) (5 U.S.C. 601 et * * * * * seq.) do not apply. ■ Therefore, 40 CFR chapter I is This final rule directly regulates amended as follows: [FR Doc. E9–22519 Filed 9–17–09; 8:45 am] growers, food processors, food handlers, BILLING CODE 6560–50–S and food retailers, not States or tribes, PART 180—[AMENDED] nor does this action alter the ■ 1. The authority citation for part 180 relationships or distribution of power continues to read as follows: FEDERAL COMMUNICATIONS and responsibilities established by COMMISSION Congress in the preemption provisions Authority: 21 U.S.C. 321(q), 346a and 371. 47 CFR Part 64 of section 408(n)(4) of FFDCA. As such, ■ 2. Section 180.634 is amended as the Agency has determined that this follows: [CG Docket 03–123 and WC Docket No. 05– action will not have a substantial direct a. By revising the introductory text of 196; DA 09–1323] effect on States or tribal governments, paragraph (a) and redesignating it as on the relationship between the national paragraph (a)(1). Telecommunications Relay Services government and the States or tribal b. In the table to newly redesignated and Speech-to-Speech Services for governments, or on the distribution of paragraph (a)(1) by revising the entries Individuals With Hearing and Speech power and responsibilities among the for corn, sweet, forage, and corn, sweet, Disabilities; E911 Requirements for IP- various levels of government or between stover, and by removing the entry for Enabled Service Providers the Federal Government and Indian corn, sweet, kernel plus cob with husks AGENCY: Federal Communications tribes. Thus, the Agency has determined removed. that Executive Order 13132, entitled c. By adding paragraph (a)(2). Commission. Federalism (64 FR 43255, August 10, The revised and added text reads as ACTION: Final rule; extension of 1999) and Executive Order 13175, follows: deadline. entitled Consultation and Coordination with Indian Tribal Governments (65 FR § 180.634 Tembotrione; tolerances for SUMMARY: In this document, the 67249, November 9, 2000) do not apply residues. Commission via the Consumer and to this final rule. In addition, this final (a) * * * (1) Tolerances are established Governmental Affairs Bureau (Bureau) rule does not impose any enforceable for residues of the herbicide extends the registration deadline duty or contain any unfunded mandate tembotrione, including its metabolites established in the Telecommunications as described under Title II of the and degradates, in or on the Relay Services and Speech-to-Speech Unfunded Mandates Reform Act of 1995 commodities listed in the table to this Services for Individuals with Hearing (UMRA) (Public Law 104–4). paragraph. Compliance with the and Speech Disabilities; E911 This action does not involve any tolerance levels specified below is to be Requirements for IP-Enabled Service technical standards that would require determined by measuring only the sum Providers, Second Report and Order and Agency consideration of voluntary of tembotrione, 2-[2-chloro-4- Order on Reconsideration (Second consensus standards pursuant to section (methylsulfonyl)-3-[(2,2,2- Internet-based TRS Order), during 12(d) of the National Technology trifluoroethoxy)methyl]benzoyl]-1,3- which Internet-based Transfer and Advancement Act of 1995 cyclohexanedione and its metabolite, 2- Telecommunications Relay Service (NTTAA), Public Law 104–113, section [2-chloro-4-(methylsulfonyl)-3-[(2,2,2- (TRS) providers may continue to 12(d) (15 U.S.C. 272 note). trifluoroethoxy) methyl]benzoyl]-4,6- complete the non-emergency calls of dihydroxy-1,3-cyclohexanedione, unregistered users. This action is VII. Congressional Review Act calculated as the stoichiometric necessary because extending the The Congressional Review Act, 5 equivalent of tembotrione, in or on the deadline will ensure a more orderly U.S.C. 801 et seq., generally provides following commodities. transition to ten-digit numbering for

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations 47895

users of Internet-based TRS by allowing emergency call handling requirements of users to migrate to the new ten-digit for additional time for outreach and for Internet-based TRS, specifically numbering plan. educational activities, as well as time to Video Relay Service (VRS) and Internet 3. In the Second Internet-based TRS address any unresolved technical issues Protocol (IP) Relay, as well as a system Order, the Commission provided associated with the transition. for assigning users of VRS and IP Relay existing users a three-month DATES: Document DA 09–1323 became ten-digit numbers linked to the North ‘‘registration period’’ followed by a effective on June 15, 2009. The American Numbering Plan (NANP). three-month ‘‘permissive calling registration deadline for Internet-based Telecommunications Relay Services and period’’ which is scheduled to end on TRS providers is extended until Speech-to-Speech Services for June 30, 2009. During the permissive November 12, 2009. Individuals with Hearing and Speech calling period, Internet-based TRS FOR FURTHER INFORMATION CONTACT: Disabilities, CG Docket No. 03–123; providers may continue to carry non- Thomas Chandler, Consumer and E911 Requirements for IP-Enabled emergency calls for unregistered users. Governmental Affairs Bureau, Disability Service Providers, WC Docket No. 05– At the conclusion of the permissive Rights Office at (202) 418–1475 (voice), 196, Report and Order and Further calling period, however, providers must (202) 418–0597 (TTY), or e-mail Notice of Proposed Rulemaking, 23 FCC register any unregistered user before [email protected]. Rcd 11591 (June 24, 2008) (First completing a non-emergency VRS or IP SUPPLEMENTARY INFORMATION: On Internet-based TRS Order); published at Relay call. December 19, 2008, the Commission 73 FR 41286, July 18, 2008. The Bureau 4. On April 29, 2009, a group released Telecommunications Relay uses the term, ‘‘Internet-based TRS,’’ representing a majority of the Internet- Services and Speech-to-Speech Services herein to refer to both VRS and IP Relay, based TRS providers filed the Joint for Individuals with Hearing and Speech unless otherwise specified. See 47 CFR Petition seeking to postpone the June Disabilities; E911 Requirements for IP– 601(a)(11), (13), (21), and (26) of the 30, 2009, Internet-based TRS Enabled Service Providers, CG Docket Commission’s rules (defining various registration deadline. See Petition to No. 03–123 and WC Docket No. 05–196, forms of TRS). Although IP captioned Extend Relay Registration Deadline, CG Second Internet-based TRS Order, telephone service (IP CTS) is also an Docket No. 03–123 and WC Docket No. published at 73 FR 79683, December 30, Internet-based form of TRS, as noted in 05–196 (filed April 29, 2009) (Joint 2008, providing existing users of the First Internet-based TRS Order, the Petition). The Joint Petition was filed by Internet-based TRS a three-month Commission has determined to address AT&T, Inc. CAC, CSDVRS, LLC, registration period followed by a three- any issues relating to IP CTS, if Hamilton Relay, Inc., Purple month permissive calling period which appropriate, in a separate order because Communications, Inc., Snap is scheduled to end on June 30, 2009. IP CTS raises distinct technical and Telecommunications, Inc., Sprint Nextel This is a summary of document DA 09– regulatory issues. See First Internet- Corporation, and Viable, Inc. Asserting that a large percentage of existing 1323, adopted and released June 15, based TRS Order, 23 FCC Rcd at 11592, Internet-based TRS users remain 2009. paragraph 1, note 5 (deferring action on unregistered due to consumer The full text of document DA 09–1323 IP CTS), see also 23 FCC Rcd at 11594, confusion, the petitioners urge the and copies of any subsequently filed note 15 (describing captioned telephone Commission to extend the deadline documents in this matter will be service and IP CTS). available for public inspection and ‘‘indefinitely’’ until certain milestones copying during regular business hours 2. The Commission required Internet- are adequately satisfied. Joint Petition at at the FCC Reference Information based TRS providers to offer individuals 9. Although ‘‘reluctant to suggest the Center, Portals II, 445 12th Street, SW., using their service the capability to exact deadline,’’ the petitioners Room CY–A257, Washington, DC 20554. register with a ‘‘default provider,’’ and suggested a ‘‘goal’’ of December 31, Document DA 09–1323 and copies of to begin assigning ten-digit, NANP 2009. Joint Petition at 9. subsequently filed documents in this telephone numbers to their registered 5. The petitioners identify four matter may also be purchased from the users no later than December 31, 2008. ‘‘milestones’’ they believe should be Commission’s duplicating contractor at The Commission explained that achieved before the permissive calling Portals II, 445 12th Street SW., Room mandatory registration and the period is allowed to end: (1) CY–B402, Washington, DC 20554. assignment of NANP telephone numbers Implementation of a reverse look-up Customers may contact the would yield important benefits, function that would automatically verify Commission’s duplicating contractor at including facilitating the effective whether a caller is registered; (2) its Web site http://www.bcpiweb.com or provision of 911 service. The implementation of ‘‘an extensive public by calling 1–800–378–3160. To request Commission required Internet-based education and outreach campaign;’’ (3) materials in accessible formats for TRS providers to obtain registration resolution of concerns about the people with disabilities (Braille, large information from all new users and to assignment of geographically print, electronic files, audio format), assign all new users a NANP telephone appropriate phone numbers; and (4) send an e-mail to [email protected] or call number. See 47 CFR 64.611(b) of the resolution of equipment portability the Consumer and Governmental Affairs Commission’s rules (requiring issues. Joint Petition at 10–11. Bureau at (202) 418–0530 (voice) or mandatory registration of new users). 6. Sorenson Communications, Inc., (202) 418–0432 (TTY). Document DA The Commission defined a ‘‘new’’ user filed an ex parte letter in response to the 09–1323 can also be downloaded in as an individual who ‘‘has not Joint Petition. See Letter from Gil M. Word and Portable Document Format previously utilized VRS or IP Relay[.]’’ Strobel, Sorenson Communications, (PDF) at http://www.fcc.gov/cgb/dro/ Existing users would also have to be Inc., to Marlene H. Dortch (dated May trs.html#orders. registered. Recognizing that not every 12, 2009). While Sorenson does not Synopsis existing Internet-based TRS user would expressly ask the Commission to deny immediately register with a default the petition, Sorenson does express the Background provider, however, the Commission view that an extension is not needed, 1. In the First Internet-based TRS decided to implement a longer and states its concern about the open- Order, the Commission adopted registration period for the existing base ended nature of the petitioners’ request.

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES 47896 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations

Discussion balances the concerns raised in the Joint SUPPLEMENTARY INFORMATION: This is a 7. The Bureau finds good cause to Petition against the public safety summary of the Commission’s Report extend the June 30, 2009 registration implications of further delay. and Order, MB Docket No. 08–227, deadline established in the Second Ordering Clauses adopted August 19, 2009, and released Internet-based TRS Order and, August 21, 2009. The Notice of Pursuant to the authority contained in therefore, the Bureau extends until Proposed Rule Making proposed the sections 4(i) and 225 of the November 12, 2009, the date after which allotment of Channel 250A at Batesville, Communications Act of 1934, as VRS and IP Relay providers must stop Texas. See 73 FR 76577, published amended, 47 U.S.C. 154(i), 225, and completing non-emergency calls for December 17, 2008. The full text of this unregistered users. The Bureau §§ 0.141, 0.361, and 1.3 of the Commission document is available for concludes that extending the deadline Commission’s rules, 47 CFR 0.141, inspection and copying during normal will ensure a more orderly transition to 0.361, 1.3, document DA 09–1323 is business hours in the Commission’s ten-digit numbering for users of adopted. Reference Information Center (Room The June 30, 2009 Internet-based TRS Internet-based TRS. In particular, the CY–A257), 445 12th Street, SW., registration deadline is extended until Bureau is concerned that, despite the November 12, 2009. The Petition to Washington, DC. 20554. The complete outreach and consumer education Extend Relay Registration Deadline, text of this decision may also be efforts already undertaken by the filed by AT&T, Inc., CAC, CSDVRS, purchased from the Commission’s Commission and the Internet-based TRS duplicating contractor, Best Copy and providers, many users may remain LLC, Hamilton Relay, Inc., Purple Communications, Inc., Snap Printing, Inc., 445 12th Street, SW, uncertain about how the ten-digit Room CY–B402, Washington, DC 20554, numbering and E911 requirements will Telecommunications, Inc., Sprint Nextel Corporation, and Viable, Inc. on April telephone 800–378–3160 or via the affect their use of Internet-based TRS company’s website, . This document under the new rules. See, e.g., Joint does not contain proposed information Federal Communications Commission. Petition at 6–9 (discussing several areas collection requirements subject to the of customer confusion concerning the Mark Stone, Paperwork Reduction Act of 1995, use of toll-free numbers, equipment and Deputy Chief, Consumer and Governmental Public Law 104–13. In addition, number porting, and misconceptions Affairs Bureau. therefore, it does not contain any about the use of a single number for [FR Doc. E9–22319 Filed 9–17–09; 8:45 am] proposed information collection burden multiple services). BILLING CODE 6712–01–P 8. In addition, the Bureau has ’’for small business concerns with fewer received recent data from some than 25 employees,’’ pursuant to the providers indicating that a majority of FEDERAL COMMUNICATIONS Small Business Paperwork Relief Act of calls presently handled are not being COMMISSION 2002, Public Law 107–198, see 44 U.S.C. made via a new ten-digit number. See, 3506(c)(4). The Commission will send a e.g., CSDVRS Ex parte letter, CG Docket 47 CFR Part 73 copy of this Report and Order in a No. 03–123 (June 11, 2009); Hamilton report to be sent to Congress and the [DA 08–1840; MB Docket No. 08–227; RM– Government Accountability Office Relay, Inc. Ex parte letter, CG Docket 11493] No. 03–123, WC Docket No. 05–196 pursuant to the Congressional Review (June 11, 2009). Extending the end of Radio Broadcasting Services; Act, see 5 U.S.C. 801(a)(1)(A). the permissive calling period until Batesville, Texas List of Subjects in 47 CFR Part 73 November 12, 2009 will enable the AGENCY: Federal Communications Commission, as well as the providers, to Radio, Radio broadcasting. conduct additional outreach and Commission. education addressing particular ACTION: Final rule. ■ As stated in the preamble, the Federal consumer concerns associated with the Communications Commission amends SUMMARY: The Audio Division grants a transition to ten-digit numbering for 47 CFR part 73 as follows: Petition for Rule Making issued at the Internet-based TRS. And to the extent request of Katherine Pyeatt, proposing that there are technical concerns, as PART 73—RADIO BROADCAST the allotment of Channel 250A at petitioners suggest, this additional time SERVICES Batesville, Texas, as its first local will allow them to be addressed. 9. The Bureau is not, however, service. Channel 250A at Batesville can ■ 1. The authority citation for part 73 persuaded that it should extend the June be allotted, consistent with the continues to read as follows: minimum distance separation 30th deadline indefinitely, as Authority: 47 U.S.C. 154, 303, 334, 336. petitioners request. As Sorenson notes requirements of the Commission’s Rules in its ex parte filing, registering users for with the imposition of a site restriction § 73.202 [Amended] ten-digit numbers ‘‘is critical for public located 11.4 kilometers (7.1 miles) east ■ safety.’’ Sorenson Letter (May 12, 2009) of the community at reference 2. Section 73.202(b), the Table of FM at 4. In the Second Internet-Based TRS coordinates 28–58–27 NL and 99–30–12 Allotments under Texas, is amended by Order, the Commission found that WL. adding ‘‘mandatory registration is critical to the DATES: Effective October 5, 2009. Batesville, Channel 250A. ADDRESSES: Secretary, Federal effective handling of 911 calls.’’ An Federal Communications Commission. indefinite delay in implementation Communications Commission, 445 12th would come at the expense of enhanced Street, SW, Washington, DC 20554. John A. Karousos, emergency services for Internet-based FOR FURTHER INFORMATION CONTACT: Assistant Chief. TRS users. The Bureau believes that the Rolanda F. Smith, Media Bureau, (202) [FR Doc. E9–22440 Filed 9–17–09; 8:45 am] extension granted here reasonably 418–2180. BILLING CODE 6712–01–S

VerDate Nov<24>2008 15:08 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1 sroberts on DSKD5P82C1PROD with RULES 47897

Proposed Rules Federal Register Vol. 74, No. 180

Friday, September 18, 2009

This section of the FEDERAL REGISTER chord assembly. Fracture of the front Aircraft Certification Office, 1601 Lind contains notices to the public of the proposed spar chord assembly could lead to loss Avenue, SW., Renton, Washington issuance of rules and regulations. The of the strut upper link load path and 98057–3356; telephone (425) 917–6434; purpose of these notices is to give interested consequent fracture of the diagonal fax (425) 917–6590. persons an opportunity to participate in the brace, which could result in in-flight rule making prior to the adoption of the final SUPPLEMENTARY INFORMATION: rules. separation of the strut and engine from the airplane. Comments Invited DATES: We must receive comments on We invite you to send any written DEPARTMENT OF TRANSPORTATION this proposed AD by November 2, 2009. relevant data, views, or arguments about this proposed AD. Send your comments ADDRESSES: You may send comments by Federal Aviation Administration any of the following methods: to an address listed under the • Federal rulemaking Portal: Go to ADDRESSES section. Include ‘‘Docket No. 14 CFR Part 39 http://www.regulations.gov. Follow the FAA–2009–0865; Directorate Identifier instructions for submitting comments. 2009–NM–023–AD’’ at the beginning of [Docket No. FAA–2009–0865; Directorate your comments. We specifically invite Identifier 2009–NM–023–AD] • Fax: 202–493–2251. • Mail: U.S. Department of comments on the overall regulatory, RIN 2120–AA64 Transportation, Docket Operations, M– economic, environmental, and energy aspects of this proposed AD. We will Airworthiness Directives; Boeing 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., consider all comments received by the Model 747–100, 747–100B, 747–100B closing date and may amend this SUD, 747–200B, 747–200C, 747–200F, Washington, DC 20590. • Hand Delivery: U.S. Department of proposed AD because of those 747–300, 747SR, and 747SP Series Transportation, Docket Operations, M– comments. Airplanes Equipped With General 30, West Building Ground Floor, Room We will post all comments we Electric CF6–45 or –50 Series Engines, W12–140, 1200 New Jersey Avenue, SE., receive, without change, to http:// or Equipped With Pratt & Whitney Washington, DC 20590, between 9 a.m. www.regulations.gov, including any JT9D–3 or –7 (Excluding –70) Series and 5 p.m., Monday through Friday, personal information you provide. We Engines except Federal holidays. will also post a report summarizing each substantive verbal contact we receive AGENCY: Federal Aviation For service information identified in about this proposed AD. Administration (FAA), Department of this proposed AD, contact Boeing Transportation (DOT). Commercial Airplanes, Attention: Data Discussion ACTION: Notice of proposed rulemaking & Services Management, P.O. Box 3707, On December 26, 2006, we issued AD (NPRM). MC 2H–65, Seattle, Washington 98124– 2007–01–15, amendment 39–14887 (72 2207; telephone 206–544–5000, FR 1427, January 12, 2007), for certain SUMMARY: The FAA proposes to extension 1; fax 206–766–5680; e-mail Boeing Model 747–100, 747–100B, 747– supersede an existing airworthiness [email protected]; Internet 100B SUD, 747–200B, 747–200C, 747– directive (AD) that applies to certain https://www.myboeingfleet.com. You 200F, 747–300, 747SR, and 747SP series Boeing Model 747–100, 747–100B, 747– may review copies of the referenced airplanes. That AD requires repetitive 100B SUD, 747–200B, 747–200C, 747– service information at the FAA, inspections to detect cracks and 200F, 747–300, 747SR, and 747SP series Transport Airplane Directorate, 1601 fractures of the strut front spar chord airplanes. The existing AD currently Lind Avenue, SW., Renton, Washington. assembly, including the forward side, at requires repetitive inspections to detect For information on the availability of each strut location, and repair if cracks and fractures of the strut front this material at the FAA, call 425–227– necessary. That AD resulted from a strut spar chord assembly (including the 1221 or 425–227–1152. front spar chord assembly that was forward side) at each strut location, and Examining the AD Docket found fractured, forward of the repair if necessary. This proposed AD inspections that are required by AD would add a one-time inspection for You may examine the AD docket on 2004–25–05, amendment 39–13893 (69 cracking of the forward side of the front the Internet at http:// FR 71349), which was superseded by spar chord assembly on the inboard and www.regulations.gov; or in person at the AD 2007–01–15. We issued AD 2007– outboard struts, installation of a cap Docket Management Facility between 9 01–05 to detect and correct cracks and skin doublers for certain airplanes, and a.m. and 5 p.m., Monday through fractures of the nacelle strut front spar repair if necessary. These actions would Friday, except Federal holidays. The AD chord assembly. Fracture of the front terminate the repetitive inspections of docket contains this proposed AD, the spar chord assembly could lead to loss the forward side of the strut front spar regulatory evaluation, any comments of the strut upper link load path and chord assembly; the inspections of the received, and other information. The consequent fracture of the diagonal aft side assembly continue as specified street address for the Docket Office brace, which could result in in-flight in the existing AD. This proposed AD (telephone 800–647–5527) is in the separation of the strut and engine from results from a report of a fractured front ADDRESSES section. Comments will be the airplane. spar assembly for strut No. 3, which available in the AD docket shortly after resulted in the loss of the strut upper receipt. Actions Since Existing AD Was Issued link load path. We are proposing this FOR FURTHER INFORMATION CONTACT: Ken The preamble to AD 2007–01–15 AD to detect and correct cracks and Paoletti, Aerospace Engineer, Airframe specifies that we consider the fractures of the nacelle strut front spar Branch, ANM–120S, FAA, Seattle requirements ‘‘interim action’’ and that

VerDate Nov<24>2008 15:09 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\18SEP1.SGM 18SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 47898 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Proposed Rules

the manufacturer is developing a date on the service bulletin for the AD 2007–01–15 was issued, the AD modification to address the unsafe outboard strut, and within 36 months format has been revised, and certain condition. That AD explains that we after the date on the service bulletin for paragraphs have been rearranged. As a might consider further rulemaking if a the inboard strut. result, the corresponding paragraph modification is developed, approved, FAA’s Determination and Requirements identifiers have changed in this and available. The manufacturer now of the Proposed AD proposed AD, as listed in the following has developed such a modification only table: for the front spar chord assembly We have evaluated all pertinent information and identified an unsafe forward of the upper link attachment. REVISED PARAGRAPH IDENTIFIERS Therefore, we have determined that condition that is likely to develop on other airplanes of the same type design. further rulemaking is indeed necessary; Corresponding this proposed AD follows from that For this reason, we are proposing this Requirement in AD 2007–01–15 requirement in this determination. AD, which would supersede AD 2007– proposed AD 01–15 and retain the requirements of the Relevant Service Information existing AD. This proposed AD would Paragraph (f) ...... paragraph (g). We have reviewed Boeing Alert also require accomplishing the actions Paragraph (g) ...... paragraph (h). Service Bulletin 747–54A2230, dated specified in the service bulletin Paragraph (h) ...... paragraph (i). October 30, 2008. The service bulletin described previously, except as Paragraph (i) ...... paragraph (j). describes the following procedures: discussed under ‘‘Difference Between Paragraph (j) ...... paragraph (k). • A one-time open-hole high the Proposed AD and the Service Paragraph (k) ...... paragraph (l). frequency eddy current (HFEC) Bulletin.’’ Paragraph (l) ...... paragraph (m). inspection for cracking of the forward Paragraph (m) ...... paragraph (q). side of the front spar chord assembly on Difference Between the Proposed AD and the Service Bulletin the inboard and outboard struts. For Interim Action airplanes on which the cap skin doubler Boeing Alert Service Bulletin 747– is not installed, the service bulletin also 54A2230, dated October 30, 2008, We consider the actions in this includes procedures for installing the specifies to contact the manufacturer for proposed AD to be interim actions for cap skin doubler. instructions on how to repair certain the strut front spar chord assembly at • For airplanes on which no crack is conditions, but this proposed AD would each strut location, excluding the found, the service bulletin states that no require repairing those conditions in forward side (the terminating action for further action is required. one of the following ways: the forward side is included in this • For airplanes on which any crack is • Using a method that we approve; or proposed AD). If the manufacturer • found, the service bulletin specifies the Using data that meet the develops a modification for the corrective action of contacting Boeing certification basis of the airplane, and remainder of the front spar chord for additional instructions and doing the that has been approved by an assembly, we might consider additional repair before further flight. The service Authorized Representative for the rulemaking. bulletin specifies that doing the repair Boeing Commercial Airplanes ends the need for the repetitive Delegation Option Authorization Costs of Compliance inspections of the forward side of the Organization whom we have authorized strut front spar chord assembly. to make those findings. There are about 411 airplanes of the The service bulletin specifies doing affected design in the worldwide fleet. the inspection, and the installation of Changes to Existing AD The following table provides the the cap skin doubler for certain This proposed AD would retain all estimated costs for U.S. operators to airplanes, within 48 months after the requirements of AD 2007–01–15. Since comply with this proposed AD.

ESTIMATED COSTS

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

Inspections (required 17 ...... $80 $0 ...... $1,360 per inspection 85 $115,600 per inspec- by AD 2007–01–15). cycle. tion cycle. One-time inspection 30 to 116 1 ... 80 $893 to $36,737 1 ..... $3,293 to $46,017 1 .. 85 $279,905 to and cap skin dou- $3,911,445.1 bler installation (new proposed ac- tion). 1 Depending on airplane configuration.

Authority for This Rulemaking. We are issuing this rulemaking under safety in air commerce. This regulation Title 49 of the United States Code the authority described in Subtitle VII, is within the scope of that authority specifies the FAA’s authority to issue Part A, Subpart III, Section 44701, because it addresses an unsafe condition rules on aviation safety. Subtitle I, ‘‘General requirements.’’ Under that that is likely to exist or develop on Section 106, describes the authority of section, Congress charges the FAA with products identified in this rulemaking the FAA Administrator. Subtitle VII, promoting safe flight of civil aircraft in action. Aviation Programs, describes in more air commerce by prescribing regulations detail the scope of the Agency’s for practices, methods, and procedures authority. the Administrator finds necessary for

VerDate Nov<24>2008 15:09 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\18SEP1.SGM 18SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Proposed Rules 47899

Regulatory Findings Authority: 49 U.S.C. 106(g), 40113, 44701. Compliance We have determined that this § 39.13 [Amended] (f) You are responsible for having the proposed AD would not have federalism actions required by this AD performed within implications under Executive Order 2. The FAA amends § 39.13 by the compliance times specified, unless the actions have already been done. 13132. This proposed AD would not removing amendment 39–14887 (72 FR have a substantial direct effect on the 1427, January 12, 2007) and adding the Restatement of Requirements of AD 2004– States, on the relationship between the following new AD: 25–05, Amendment 39–13893 national Government and the States, or Boeing: Docket No. FAA–2009–0865; Aft Side Detailed and High Frequency Eddy on the distribution of power and Directorate Identifier 2009–NM–023–AD. Current (HFEC) Inspections With New responsibilities among the various Comments Due Date Service Information levels of government. (a) The FAA must receive comments on (g) Within 90 days after December 27, 2004 For the reasons discussed above, I (the effective date of AD 2004–25–05, which this AD action by November 2, 2009. certify that the proposed regulation: was superseded by AD 2007–01–15), perform 1. Is not a ‘‘significant regulatory Affected ADs detailed and HFEC inspections to detect any action’’ under Executive Order 12866; (b) This AD supersedes AD 2007–01–15. cracks or fractures of the front spar chord 2. Is not a ‘‘significant rule’’ under the assembly for strut numbers 1 through 4 DOT Regulatory Policies and Procedures Applicability inclusive, in accordance with Boeing Alert (44 FR 11034, February 26, 1979); and (c) This AD applies to Boeing Model 747– Service Bulletin 747–54A2224, dated 3. Will not have a significant 100, 747–100B, 747–100B SUD, 747–200B, September 30, 2004; or in accordance with economic impact, positive or negative, 747–200C, 747–200F, 747–300, 747SR, and Part 1—Aft Side Inspection of the on a substantial number of small entities 747SP series airplanes, certificated in any Accomplishment Instructions of Boeing Alert under the criteria of the Regulatory category, equipped with General Electric Service Bulletin 747–54A2224, Revision 1, dated November 16, 2006. As of January 29, Flexibility Act. CF6–45 or –50 series engines, or equipped with Pratt & Whitney JT9D–3 or –7 2007 (the effective date of AD 2007–01–15), We prepared a regulatory evaluation only Part 1—Aft Side Inspection of the (excluding –70) series engines, as identified of the estimated costs to comply with Accomplishment Instructions of Revision 1 in Boeing Alert Service Bulletin 747– this proposed AD and placed it in the of Boeing Alert Service Bulletin 747– 54A2224, Revision 1, dated November 16, AD docket. See the ADDRESSES section 54A2224, Revision 1, dated November 16, 2006. for a location to examine the regulatory 2006, may be used. evaluation. Subject (h) Accomplishment of the detailed and HFEC inspections in accordance with Boeing (d) Air Transport Association (ATA) of List of Subjects in 14 CFR Part 39 747 Fleet Team Digest 747–FTD–54–04002, America Code 54: Nacelles/Pylons. Air transportation, Aircraft, Aviation dated April 15, 2004, May 4, 2004, June 1, safety, Incorporation by reference, Unsafe Condition 2004, July 12, 2004, or July 28, 2004; or Boeing Message 1–C6ELC (Service Request ID Safety. (e) This AD results from a report of a No.: 218724992), dated April 14, 2004; before fractured front spar assembly for strut No. 3, December 27, 2004, is considered acceptable The Proposed Amendment which resulted in the loss of the strut upper for compliance with the requirements of Accordingly, under the authority link load path. The Federal Aviation paragraph (g) of this AD. delegated to me by the Administrator, Administration is issuing this AD to detect the FAA proposes to amend 14 CFR part and correct cracks and fractures of the Repetitive Inspections 39 as follows: nacelle strut front spar chord assembly. (i) For airplanes on which no crack or Fracture of the front spar chord assembly fracture is detected during the inspections PART 39—AIRWORTHINESS could lead to loss of the strut upper link load required by paragraph (g) of this AD: At the DIRECTIVES path and consequent fracture of the diagonal applicable times specified in Table 1— brace, which could result in in-flight Repetitive Intervals of this AD, repeat the 1. The authority citation for part 39 separation of the strut and engine from the detailed and HFEC inspections required by continues to read as follows: airplane. paragraph (g) of this AD.

TABLE 1—REPETITIVE INTERVALS

For airplanes identified in Boeing Alert Service Bulletin 747–54A2224, dated September 30, 2004; or Revision 1, dated November 16, 2006; Repeat the inspections at intervals not to exceed— as—

Group 1 ...... 1,000 flight cycles or 18 months, whichever occurs first. Group 2 and Group 3 ...... 1,200 flight cycles or 18 months, whichever occurs first. Group 4 and Group 6 ...... 1,500 flight cycles or 18 months, whichever occurs first. Group 5 ...... 2,000 flight cycles or 18 months, whichever occurs first.

Corrective Action Restatement of Requirements of AD 2007– 747–54A2224, Revision 1, dated November (j) If any crack or fracture is found during 01–15 16, 2006. If no crack or fracture is found, repeat the inspections thereafter at the any inspection required by paragraphs (g) Forward Side Detailed and HFEC and (i) of this AD, and Boeing Alert Service Inspections applicable interval specified in Table 1 of Bulletin 747–54A2224, dated September 30, this AD. Doing the inspections required by (k) Within 90 days after January 29, 2007, paragraph (n) of this AD terminates the 2004; or Revision 1, dated November 16, do detailed and HFEC inspections for any 2006; specifies contacting Boeing for forward side detailed and HFEC inspection cracks or fracture of the front spar chord requirements of this paragraph. appropriate action: Before further flight, assembly for strut numbers 1, 2, 3, and 4, in repair the crack or fracture using a method accordance with Part 2—Forward Side approved in accordance with the procedures Inspection of the Accomplishment specified in paragraph (q) of this AD. Instructions of Boeing Alert Service Bulletin

VerDate Nov<24>2008 15:09 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\18SEP1.SGM 18SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 47900 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Proposed Rules

Corrective Action for Forward Side as appropriate, or lacking a principal lightning protection wire braid for wire Inspection inspector, your local Flight Standards District assemblies located in the empennage (l) If any crack or fracture is found during Office. The AMOC approval letter must and number 2 engine inlet are grounded any inspection required by paragraph (k) of specifically reference this AD. improperly. We are proposing this AD (3) An AMOC that provides an acceptable this AD, and Boeing Alert Service Bulletin to prevent insufficient grounding of the 747–54A2224, Revision 1, dated November level of safety may be used for any repair required by this AD, if it is approved by an fuel pump, which in combination with 16, 2006, specifies to contact Boeing for an electrical failure within the fuel appropriate action: Before further flight, Authorized Representative for the Boeing repair the crack or fracture using a method Commercial Airplanes Delegation Option pump and a compromised electrical approved in accordance with the procedures Authorization Organization who has been bond could cause a fuel tank ignition, specified in paragraph (q) of this AD. authorized by the Manager, Seattle ACO, to resulting in consequent fire or make those findings. For a repair method to explosion. Credit for Inspections Done According to be approved, the repair must meet the Boeing 747 Fleet Team Digest certification basis of the airplane, and the DATES: We must receive comments on (m) Detailed and HFEC inspections done approval must specifically refer to this AD. this proposed AD by November 2, 2009. before January 29, 2007, in accordance with (4) AMOCs approved previously in ADDRESSES: You may send comments by Boeing 747 Fleet Team Digest 747–FTD–54– accordance with AD 2007–01–15, are any of the following methods: 06002, dated June 29, 2006; or October 16, approved as AMOCs for the corresponding • Federal eRulemaking Portal: Go to 2006; are acceptable for compliance with the provisions of this AD. http://www.regulations.gov. Follow the initial inspection required by paragraph (k) of Issued in Renton, Washington, on instructions for submitting comments. this AD. September 11, 2009. • Fax: 202–493–2251. New Requirements of This AD Stephen P. Boyd, • Mail: U.S. Department of Inspection and Corrective Actions Acting Manager, Transport Airplane Transportation, Docket Operations, M– Directorate, Aircraft Certification Service. 30, West Building Ground Floor, Room (n) At the applicable time specified in W12–140, 1200 New Jersey Avenue, SE., paragraph 1.E., ‘‘Compliance,’’ of Boeing [FR Doc. E9–22577 Filed 9–17–09; 8:45 am] Washington, DC 20590. Alert Service Bulletin 747–54A2230, dated BILLING CODE 4910–13–P • October 30, 2008; except that where the Hand Delivery: U.S. Department of service bulletin specifies a compliance time Transportation, Docket Operations, M– after the date on the service bulletin, this AD DEPARTMENT OF TRANSPORTATION 30, West Building Ground Floor, Room requires compliance within the specified W12–140, 1200 New Jersey Avenue, SE., compliance time after the effective date of Federal Aviation Administration Washington, DC 20590, between 9 a.m. this AD: Do an open-hole high frequency and 5 p.m., Monday through Friday, eddy current (HFEC) inspection for cracking 14 CFR Part 39 except Federal holidays. of the of the forward side of the front spar For service information identified in chord assembly on the inboard and outboard [Docket No. FAA–2009–0866; Directorate struts; and, for airplanes on which the cap Identifier 2009–NM–074–AD] this proposed AD, contact Boeing skin doubler is not installed, install the cap Commercial Airplanes, Attention: Data skin doubler; in accordance with the RIN 2120–AA64 & Services Management, 3855 Accomplishment Instructions of Boeing Alert Lakewood Boulevard, MC D800–0019, Service Bulletin 747–54A2230, dated October Airworthiness Directives; McDonnell Long Beach, California 90846–0001; 30, 2008. Douglas Model MD–11 and MD–11F telephone 206–544–5000, extension 2; (o) If any crack is found during the Airplanes fax 206–766–5683; e-mail inspection required by paragraph (n) of this [email protected]; Internet AD: Before further flight, repair the crack AGENCY: Federal Aviation using a method approved in accordance with Administration (FAA), Department of https://www.myboeingfleet.com. You the procedures specified in paragraph (q) of Transportation (DOT). may review copies of the referenced this AD. ACTION: Notice of proposed rulemaking service information at the FAA, (p) Doing all applicable actions required by (NPRM). Transport Airplane Directorate, 1601 paragraphs (n) and (o) of this AD terminates Lind Avenue, SW., Renton, Washington. the repetitive forward side detailed and SUMMARY: The FAA proposes to For information on the availability of HFEC inspection requirements of paragraph supersede an existing airworthiness this material at the FAA, call 425–227– (k) of this AD. All aft side inspection directive (AD) that applies to certain 1221 or 425–227–1152. requirements of this AD remain in effect. McDonnell Douglas Model MD–11 and Examining the AD Docket Alternative Methods of Compliance MD–11F airplanes. The existing AD (AMOCs) currently requires a one-time inspection You may examine the AD docket on (q)(1) The Manager, Seattle Aircraft to determine if metallic transitions are the Internet at http:// Certification Office (ACO), FAA, has the installed on wire harnesses of the tail www.regulations.gov; or in person at the authority to approve AMOCs for this AD, if tank fuel transfer pumps, and to Docket Management Facility between 9 requested using the procedures found in 14 determine if damaged wires are present; a.m. and 5 p.m., Monday through CFR 39.19. Send information to ATTN: Ken and repair, if necessary. This proposed Friday, except Federal holidays. The AD Paoletti, Aerospace Engineer, Airframe docket contains this proposed AD, the Branch, ANM–120S, FAA, Seattle Aircraft AD would require modifying the case Certification Office, 1601 Lind Avenue, SW., grounding for the alternate fuel pump of regulatory evaluation, any comments Renton, Washington 98057–3356; telephone the tail tank, the leak detection thermal received, and other information. The (425) 917–6434; fax (425) 917–6590. Or, switch grounding for the number 2 street address for the Docket Office e-mail information to 9-ANM-Seattle-ACO- engine, and wire braid grounding in the (telephone 800–647–5527) is in the [email protected]. empennage and number 2 engine inlet. ADDRESSES section. Comments will be (2) To request a different method of This proposed AD would also remove available in the AD docket shortly after compliance or a different compliance time one airplane from the applicability of receipt. for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on the existing AD. This proposed AD FOR FURTHER INFORMATION CONTACT: any airplane to which the AMOC applies, results from reports that the wire Samuel Lee, Aerospace Engineer, notify your principal maintenance inspector assembly for the alternate fuel pump is Propulsion Branch, ANM–140L, FAA, (PMI) or principal avionics inspector (PAI), missing a case ground wire, and the Los Angeles Aircraft Certification

VerDate Nov<24>2008 15:09 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\18SEP1.SGM 18SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Proposed Rules 47901

Office, 3960 Paramount Boulevard, a wire harness of a tail tank fuel transfer condition that is likely to develop on Lakewood, California 90712–4137; pump. We issued that AD to prevent other airplanes of the same type design. telephone (562) 627–5262; fax (562) wire chafing and damage, which could For this reason, we are proposing this 627–5210. result in an inoperative fuel transfer AD, which would supersede AD 99–25– SUPPLEMENTARY INFORMATION: pump and/or an increased risk of a fire 14 and would retain the requirements of or explosion from a fuel leak. the existing AD. This proposed AD Comments Invited Actions Since Existing AD Was Issued would also require accomplishing the We invite you to send any written actions specified in the ‘‘Relevant relevant data, views, or arguments about Since we issued AD 99–25–14, we have received reports that the wire Service Information’’ described this proposed AD. Send your comments previously. to an address listed under the assembly for the alternate fuel pump is ADDRESSES section. Include ‘‘Docket No. missing a case ground wire, and the Changes to Existing AD FAA–2009–0866; Directorate Identifier lightning protection wire braid for wire This proposed AD would retain all 2009–NM–074–AD’’ at the beginning of assemblies located in the empennage your comments. We specifically invite and number 2 engine inlet are grounded requirements of AD 99–25–14. Since AD comments on the overall regulatory, improperly. Further investigation 99–25–14 was issued, the AD format has revealed that the wiring of the anti-ice economic, environmental, and energy been revised, and certain paragraphs leak detection thermal switch of the aspects of this proposed AD. We will have been rearranged. As a result, the number 2 engine was not included in consider all comments received by the corresponding paragraph identifiers the wire assembly, and that the support closing date and may amend this have changed in this proposed AD, as bracket of the leak detection thermal proposed AD because of those listed in the following table: switch was not electrically bonded to comments. the engine spar of the number 2 engine. We will post all comments we REVISED PARAGRAPH IDENTIFIERS Insufficient grounding of the fuel pump, receive, without change, to http:// in combination with an electrical failure www.regulations.gov, including any Corresponding within the fuel pump and a Requirement in AD personal information you provide. We 99–25–14 requirement in this compromised electrical bond, could proposed AD will also post a report summarizing each cause a fuel tank ignition, resulting in substantive verbal contact we receive consequent fire or explosion. Paragraph (a) ...... paragraph (g). about this proposed AD. Relevant Service Information Discussion In addition, we have revised the We have reviewed Boeing Alert On December 2, 1999, we issued AD applicability of AD 99–25–14 by Service Bulletin MD11–28A140, dated referring to Boeing Alert Service 99–25–14, amendment 39–11457 (64 FR November 6, 2008. The service bulletin Bulletin MD11–28A140, dated 69389, December 13, 1999), for certain describes procedures to modify the case November 6, 2008, in paragraph (c) of McDonnell Douglas Model MD–11 and grounding for the alternate fuel pump of MD–11F airplanes. That AD requires a the tail tank and the leak detection this AD. This proposed AD would one-time inspection to determine if thermal switch grounding for the remove one airplane, fuselage number metallic transitions are installed on wire number 2 engine. The modification also 450, from the applicability due to hull harnesses of the tail tank fuel transfer includes modifying the wire metal braid loss. pumps, and to determine if damaged grounding in the empennage and the Costs of Compliance wires are present; and repair, if inlet of the number 2 engine, and testing necessary. That AD also requires the leak detection thermal switch for There are about 13 airplanes of the repetitive inspections of the repaired correct operation. affected design in the worldwide fleet. area; and a permanent modification of The following table provides the the wire harnesses if metallic transitions FAA’s Determination and Requirements of the Proposed AD estimated costs for U.S. operators to are not installed, which terminates the comply with this proposed AD. repetitive inspections. That AD resulted We have evaluated all pertinent from a report of chafing and damage to information and identified an unsafe

ESTIMATED COSTS

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

Inspection (required by AD 1 $80 $80 $80, per inspection 9 $720, per inspec- 99–25–14). cycle. tion cycle. Modification (new proposed 16 80 1,248 $2,528...... 9 $22,752. action).

Authority for This Rulemaking detail the scope of the Agency’s air commerce by prescribing regulations authority. for practices, methods, and procedures Title 49 of the United States Code We are issuing this rulemaking under the Administrator finds necessary for specifies the FAA’s authority to issue the authority described in Subtitle VII, safety in air commerce. This regulation rules on aviation safety. Subtitle I, Part A, Subpart III, Section 44701, is within the scope of that authority Section 106, describes the authority of ‘‘General requirements.’’ Under that because it addresses an unsafe condition the FAA Administrator. Subtitle VII, section, Congress charges the FAA with that is likely to exist or develop on Aviation Programs, describes in more promoting safe flight of civil aircraft in

VerDate Nov<24>2008 15:09 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\18SEP1.SGM 18SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 47902 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Proposed Rules

products identified in this rulemaking Boeing Alert Service Bulletin MD11–28A140, grounding in the empennage and number 2 action. dated November 6, 2008. engine inlet, in accordance with the Accomplishment Instructions of Boeing Alert Regulatory Findings Subject Service Bulletin MD11–28A140, dated We have determined that this (d) Air Transport Association (ATA) of November 6, 2008. America Code 28: Fuel. proposed AD would not have federalism Alternative Methods of Compliance implications under Executive Order Unsafe Condition (AMOCs) 13132. This proposed AD would not (e) This AD results from reports that the (i)(1) The Manager, Los Angeles Aircraft have a substantial direct effect on the wire assembly for the alternate fuel pump is Certification Office (ACO), FAA, has the States, on the relationship between the missing a case ground wire, and the lightning authority to approve AMOCs for this AD, if national Government and the States, or protection wire braid for wire assemblies requested using the procedures found in 14 on the distribution of power and located in the empennage and number 2 CFR 39.19. Send information to ATTN: Samuel Lee, Aerospace Engineer, Propulsion responsibilities among the various engine inlet are grounded improperly. The Federal Aviation Administration is issuing Branch, ANM–140L, FAA, Los Angeles ACO, levels of government. this AD to prevent insufficient grounding of 3960 Paramount Boulevard, Lakewood, For the reasons discussed above, I the fuel pump, which in combination with an California 90712–4137; telephone (562) 627– certify that the proposed regulation: electrical failure within the fuel pump and a 5262; fax (562) 627–5210. 1. Is not a ‘‘significant regulatory compromised electrical bond could cause a (2) To request a different method of action’’ under Executive Order 12866; fuel tank ignition, resulting in consequent compliance or a different compliance time 2. Is not a ‘‘significant rule’’ under the fire or explosion. for this AD, follow the procedures in 14 CFR DOT Regulatory Policies and Procedures 39.19. Before using any approved AMOC on Compliance (44 FR 11034, February 26, 1979); and any airplane to which the AMOC applies, 3. Will not have a significant (f) You are responsible for having the notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), economic impact, positive or negative, actions required by this AD performed within the compliance times specified, unless the as appropriate, or lacking a principal on a substantial number of small entities actions have already been done. inspector, your local Flight Standards District under the criteria of the Regulatory Office. The AMOC approval letter must Flexibility Act. Restatement of Requirements of AD 99–25– specifically reference this AD. 14 With No Changes We prepared a regulatory evaluation Issued in Renton, Washington, on of the estimated costs to comply with Inspection and Corrective Actions September 11, 2009. this proposed AD and placed it in the (g) Within 30 days after January 18, 2000 Stephen P. Boyd, AD docket. See the ADDRESSES section (the effective date of AD 99–25–14), perform Acting Manager, Transport Airplane for a location to examine the regulatory a one-time visual inspection of the wire Directorate, Aircraft Certification Service. evaluation. harnesses of the tail tank fuel transfer pumps [FR Doc. E9–22580 Filed 9–17–09; 8:45 am] to determine if metallic transitions are List of Subjects in 14 CFR Part 39 installed, and to determine if damaged wires BILLING CODE 4910–13–P Air transportation, Aircraft, Aviation are present, in accordance with McDonnell safety, Incorporation by reference, Douglas Alert Service Bulletin MD11– DEPARTMENT OF TRANSPORTATION Safety. 28A101, dated August 24, 1998 (‘‘the service bulletin’’). The Proposed Amendment (1) If all metallic transitions are installed, Office of the Secretary Accordingly, under the authority no further action is required by paragraph (g) of this AD. 14 CFR Part 382 delegated to me by the Administrator, (2) If metallic transitions are not installed, [Docket No. OST–2009–0093] the FAA proposes to amend 14 CFR part accomplish the following: 39 as follows: (i) Prior to further flight, accomplish the temporary repair in accordance with Nondiscrimination on the Basis of PART 39—AIRWORTHINESS condition 2 of the service bulletin; Disability in Air Travel DIRECTIVES (ii) Repeat the visual inspection thereafter AGENCY: Office of the Secretary (OST), at intervals not to exceed 2 years; and DOT. 1. The authority citation for part 39 (iii) Within 5 years after January 18, 2000, continues to read as follows: permanently modify the wire harnesses in ACTION: Request for comments on Authority: 49 U.S.C. 106(g), 40113, 44701. accordance with McDonnell Douglas Service petition for rulemaking. Bulletin MD11–28–102, Revision 01, dated § 39.13 [Amended] June 23, 1999. Accomplishment of this SUMMARY: An advocacy group 2. The FAA amends § 39.13 by modification constitutes terminating action representing users of psychiatric service removing amendment 39–11457 (64 FR for the repetitive inspection requirements of dogs has petitioned the Department to 69389, December 13, 1999) and adding this AD. eliminate a provision of the Department the following new AD: Note 1: Modification of the wire harnesses of Transportation’s Air Carrier Access accomplished prior to January 18, 2000 (the regulation. The provision in question McDonnell Douglas: Docket No. FAA–2009– effective date of AD 99–25–14), in permits air carriers to require 0866; Directorate Identifier 2009–NM– accordance with McDonnell Douglas Service documentation and 48 hours’ advance 074–AD. Bulletin MD11–28–102, dated January 29, notice for users of psychiatric service Comments Due Date 1999, is considered acceptable for animals. In this document, the compliance with the modification required (a) The FAA must receive comments on by paragraph (g)(2)(iii) of this AD. Department is seeking comment on the this AD action by November 2, 2009. group’s petition and related questions. New Requirements of This AD Affected ADs This document is not a notice of proposed rulemaking. The Department (b) This AD supersedes AD 99–25–14. Modification (h) Within 72 months after the effective has not decided whether to grant the Applicability date of this AD, modify the case grounding petition by initiating rulemaking action (c) This AD applies to McDonnell Douglas for the alternate fuel pump of the tail tank, or to deny the petition and retain the Model MD–11 and MD–11F airplanes, the leak detection thermal switch grounding provisions without change. The certificated in any category, as identified in for the number 2 engine, and wire braid Department will publish a document in

VerDate Nov<24>2008 15:09 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\18SEP1.SGM 18SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Proposed Rules 47903

the Federal Register regarding the Access Act (ACAA) regulation (14 CFR question their status as service animals and determination of the petition. Part 382). The regulation went into has led to concerns by carriers that permitting emotional support animals to DATES: Comments in response to this effect on May 13, 2009, replacing the previous version of Part 382 on that travel in the cabin would open the door to request must be received by abuse by passengers wanting to travel with December 17, 2009. date. their pets. The Department believes that there ADDRESSES: You may submit comments Section 382.117(e) of the revised Part can be some circumstances in which a (identified by the agency name and DOT 382, concerning service animals, states: passenger may legitimately travel with an Docket ID Number OST–2009–0093) by If a passenger seeks to travel with an emotional support animal. However, we have any of the following methods: animal that is used as an emotional added safeguards to reduce the likelihood of • Federal eRulemaking Portal: Go to support or psychiatric service animal, abuse. The final rule limits use of emotional http://www.regulations.gov and follow the airline is not required to accept the support animals to persons with a diagnosed the online instructions for submitting animal for transportation in the cabin mental or emotional disorder, and the rule permits carriers to insist on recent comments. unless the passenger provides the • airline current documentation (i.e., no documentation from a licensed mental health Mail: Docket Management Facility: professional to support the passenger’s desire U.S. Department of Transportation, 1200 older than one year from the date of the to travel with such an animal. In order to New Jersey Avenue, SE., West Building passenger’s scheduled initial flight) on permit the assessment of the passenger’s Ground Floor, Room W12–140, the letterhead of a licensed mental documentation, the rule permits carriers to Washington, DC 20590–0001 health professional (e.g., psychiatrist, require 48 hours’ advance notice of a • Hand Delivery or Courier: West psychologist, licensed clinical social passenger’s wish to travel with an emotional Building Ground Floor, Room W12–140, worker, including a medical doctor support animal. Of course, like any service 1200 New Jersey Avenue, SE., between specifically treating the passenger’s animal that a passenger wishes to bring into 9 a.m. and 5 p.m. ET, Monday through mental or emotional disability). The the cabin, an emotional support animal must documentation must state the following: be trained to behave properly in a public Friday, except Federal holidays. setting. (73 FR 27614; May 13, 2008) • Fax: 202–493–2251 (1) The passenger has a mental or Instructions: You must include the emotional disability recognized in the In the preamble’s discussion of agency name (Office of the Secretary, Diagnostic and Statistical Manual of section 382.117, the Department added DOT) and Docket number (OST–2009– Mental Disorders—Fourth Edition (DSM the following: 0093) for this notice at the beginning of IV); (2) the passenger needs the There are new, more detailed procedures your comments. You should submit two emotional support or psychiatric service for the carriage of emotional support and copies of your comments if you submit animal as an accommodation for air psychiatric service animals. The carrier may them by mail or courier. Note that all travel and/or for activity at the require the passenger to provide current comments received will be posted passenger’s destination; (3) the documentation from a mental health without change to http:// individual providing the assessment is a professional (e.g., a medical doctor that is www.regulations.gov including any licensed mental health professional, and treating the passenger’s mental or emotional personal information provided and will disability or a licensed clinical social worker) the passenger is under his or her caring for the passenger that the passenger be available to internet users. You may professional care; and (4) the date and has a specific, recognized mental or review DOT’s complete Privacy Act type of the mental health professional’s emotional disability and that the passenger Statement in the Federal Register license and the state or other needs to be accompanied by the specific published on April 11, 2000 (65 FR jurisdiction in which it was issued. In emotional support or psychiatric service 19477) or you may visit http:// addition, section 382.27(c)(8) provides animal in question, either on the flight or at www.DocketsInfo.dot.gov. that airlines may require a passenger the passenger’s destination * * * [C]arriers Docket: For internet access to the using a PSA or ESA to give up to 48 can properly apply the same policies to docket to read background documents hours’ advance notice and check in one ‘‘psychiatric service animals’’ as they do for emotional support animals. This is because and comments received, go to http:// hour before the check-in time for the www.regulations.gov. Background carriers and the Department have general public, in order to permit the encountered instances of attempted abuse of documents and comments received may carrier to review and verify the service animal transportation policies by also be viewed at the U.S. Department documentation. persons traveling with animals in both of Transportation, 1200 New Jersey The entire purpose of the ACAA, and categories [e.g., in communications among Ave., SE., Docket Operations, M–30, the Department’s rules implementing it, carriers, passengers, and the Department’s West Building Ground Floor, Room are to ensure nondiscriminatory air aviation consumer protection staff]. Should W12–140, Washington, DC 20590–0001, travel opportunities are available to the Department encounter a pattern of abuse between 9:00 a.m. and 5:00 p.m., people with disabilities. The service concerning service animals in other Monday through Friday, except Federal animal sections of the rule were drafted categories, we can consider additional holidays. safeguards with respect to those categories as to carry out that purpose. In the well. (Id. at 27655) FOR FURTHER INFORMATION CONTACT: preamble to the rule, the Department Robert C. Ashby, Deputy Assistant discussed issues concerning ESAs and The ACAA final rule also included a General Counsel for Regulation and PSAs two places. In the general guidance document concerning service Enforcement, U.S. Department of discussion of service animal issues, the animals, which made the following Transportation, 1200 New Jersey Department made the following statements concerning emotional Avenue, SE., Washington, DC 20590– statements: support animals (ESAs) and psychiatric support animals (PSAs): 0001, Room W94–302, 202–366–9310, Another important issue that a number of [email protected]. commenters raised concerned ‘‘emotional With respect to an animal used for SUPPLEMENTARY INFORMATION: support animals.’’ Unlike other service emotional support (which need not have animals, emotional support animals are often specific training for that function but must be The Current Rule not trained to perform a specific active trained to behave appropriately in a public function, such as path finding, picking up setting), airline personnel may require On May 13, 2008, the Department of objects, carrying things, providing additional current documentation (i.e., not more than Transportation (the Department; DOT) stability, responding to sounds, etc. This has one year old) on letterhead from a licensed issued a revision to its Air Carrier led some service animal advocacy groups to mental health professional, including a

VerDate Nov<24>2008 15:09 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\18SEP1.SGM 18SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 47904 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Proposed Rules

medical doctor that is treating the passenger’s dated April 13, 2009, has now been the rule discriminates against and mental or emotional disability or a licensed received by the Department. Interested stigmatizes individuals with mental clinical social worker, stating (1) that the persons can read the entire petition at health-related disabilities who use passenger has a mental health-related DOT–OST–2009–0093. It consists of a PSAs. If DOT thinks it appropriate to disability listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM three-page letter from PSDS and 32 impose these requirements on PSA IV); (2) that having the animal accompany the pages of letters or e-mails from users, then DOT should be amenable to passenger is necessary to the passenger’s constituents or supporters of the imposing similar requirements on mental health or treatment; (3) that the organization. In its petition, which people with other disabilities who use individual providing the assessment of the meets the procedural requirements of service animals. passenger is a licensed mental health section 5.11, PSDS requests that section • It would be easy for someone with professional and the passenger is under his 382.117(e) be repealed. While the a PSA to cheat, simply by claiming that or her professional care; and (4) the date and petition does not specifically refer to his or her dog was a service animal for type of the mental health professional’s section 382.27(c)(8), we understand the another disability, such as epilepsy, license and the state or other jurisdiction in petition to seek its repeal as well. heart disease, diabetes, dementia etc. which it was issued. Airline personnel may • require this documentation as a condition of The Department can take one of two Many people with mental health- permitting the animal to accompany the actions with respect to the petition: It related disabilities use general passenger in the cabin. The purpose of this can grant the petition by initiating practitioners rather than specialists in provision is to prevent abuse by passengers rulemaking action (e.g., publishing a mental health matters, and the that do not have a medical need for an notice of proposed rulemaking to repeal Department’s rule appears not to allow emotional support animal and to ensure that or modify the provisions in question) or for letters from general practitioners. passengers who have a legitimate need for it can deny the petition and retain the • The rule violates the medical emotional support animals are permitted to provisions without change. When the privacy of PSA users by requiring travel with their service animals on the Department denies a petition, we send confidential medical information to be aircraft. Airlines are not permitted to require provided to airline personnel. Moreover, the documentation to specify the type of a denial letter to the petitioner mental health disability, e.g., panic attacks. explaining our reasons for the decision. the rule makes no provision for the There is a separate category of service In order to assist the Department in confidential treatment of this animals generally known as ‘‘psychiatric deciding which course to follow, we are, information once it gets into the service animals.’’ These animals may be in this document, seeking comment on airline’s hands, and fails to answer trained by their owners, sometimes with the the issues PSDS raises in its petition. questions concerning the security, assistance of a professional trainer, to We note that taking action at this time storage, or use of the information. PSDS perform tasks such as fetching medications, to change the regulatory provisions in expresses the concern that the reminding the user to take medications, question would constitute a substantive Transportation Security Administration helping people with balance problems caused by medications or an underlying amendment requiring us to issue a could gain access to the information and condition, bringing a phone to the user in an notice of proposed rulemaking for require additional security measures emergency or activating a specially equipped public comment. Because PSDS waited (e.g., secondary screening) for persons emergency phone, or acting as a buffer as long as it did to file its petition, the identified as having mental health- against other people crowding too close). As Department did not have time to take related disabilities. with emotional support animals, it is action before the May 13, 2009 effective • It may be difficult or impossible for possible for this category of animals to be a date for the revised Part 382. Nor does persons who do not have medical source of abuse by persons attempting to the Department believe that immediate insurance or otherwise lack access to circumvent carrier rules concerning action to change the final rule would be affordable medical care to obtain the transportation of pets. Consequently, it is appropriate for airlines to apply the same prudent prior to an opportunity to medical documentation the rule allows advance notice and documentation review comments on issues concerning airlines to require. In addition, the requirements to psychiatric service animals which a wide variety of parties may requirement that the documentation be as they do to emotional support animals. (Id. have an interest in. no more than a year old could work an at 27659). The main arguments that PSDS and additional financial hardship on PSA its supporters cite as a basis for the users, because they would have to pay The PSDS Petition repeal of section 382.117(e) are the annually for the required The Psychiatric Service Dog Society following: documentation. This could result in the (PSDS) is an Arlington, Virginia, based • In terms of applicable procedures, denial of air transportation to people in organization that describes itself as a the Department’s final rule does not this situation. service and advocacy organization draw distinctions between the two • The 48 hours’ advance notice focused exclusively on the use of categories of animal. The PSDS petition provision would make it very difficult psychiatric service dogs by persons appears to support drawing a sharp for PSA users to fly in the case of short- living with mental health disabilities. At distinction between PSAs and ESAs. term situation (e.g., a family or medical the Department’s June 3, 2008, The former must be trained for public emergency) that did not permit them to consumer forum concerning the revised access and have basic obedience provide 48 hours’ advance notice. ACAA rule, a PSDS representative training as well as handler-specific • DOT does not have adequate expressed the organization’s objections behaviors to ameliorate or mitigate the evidence that there is a problem with to section 382.117(e). DOT staff effects of a mental health-related people trying to sneak pets aboard responded that the organization could disability. The latter are rarely more aircraft, so as to justify imposing the file a petition for rulemaking concerning than pets, requiring little or no training. procedural requirements on PSA users. the section, and the PSDS representative Therefore, it is improper for the rule to • Under the Americans with indicated that the organization would apply the same procedural provisions to Disabilities Act (ADA) and other laws do so. both categories of assistance animal. concerning nondiscrimination on the Under the Department’s regulatory • By imposing additional procedural basis of disability, users of service procedures, any person may file a requirements on users of PSAs, which animals (including PSAs) do not have to petition to issue, amend, or repeal a rule are not imposed on service animals used comply with requirements like those in (49 CFR 5.11(a)). The PSDS petition, by individuals with other disabilities, section 382.117(e).

VerDate Nov<24>2008 15:09 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\18SEP1.SGM 18SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Proposed Rules 47905

• Some letters from supporters of the Another letter, from a therapist, said provisions of paragraph (e) remained in PSDS petition suggested that other that an assistance animal enabled her effect for users of ESAs but not users of provisions of Part 382, such as those clients to ‘‘get out of the house and go PSAs? Are there problems that airlines concerning ‘‘direct threat,’’ places without the fear and panic they have encountered in the past with ‘‘fundamental alteration,’’ and general had before. It is so helpful for them to passengers initially claiming that their language concerning identification of have their dog with them in all animal is an ESA and later service animals would be sufficient with environments to reduce dissociation, characterizing that same animal as a respect to PSAs and ESAs, without panic, and anxiety.’’ Do these obviously PSA? If so, please describe such including language like that of section significant functions that dogs called problems. The Department’s rule is now 382.117(e). PSAs perform for their owners differ in effect: Have passengers or airlines from those that would be performed for Information and Questions Concerning encountered any actual problems their owners by dogs called ESAs in a the PSDS Petition concerning the implementation of the way that would support different provisions in question in this context? To help highlight issues raised by the treatment for the two groups in airline The Department, the service animal petition for commenters, the travel? We note that over the years, community (e.g., handlers, Department presents the following many individuals who travel with ESAs organizations), and the airlines all share information and questions: have stated that their service animals, in the goal of stopping the abuse of service addition to being trained to behave Differences Between PSAs and ESAs animal access rights by passengers who properly in public settings and fraudulently assert that their pets are The letters of support for PSDS’ providing needed emotional/mental service animals. The Department is petition mention that PSAs are trained health support without which they interested in identifying effective for public access and obedience (which cannot travel, do in fact perform specific alternative methods to prevent such a number of letters assume or say is not physical tasks related, for example, fraud. We, therefore, invite members of true of ESAs). In fact, are ESAs trained helping lessen anxiety in stressful to behave properly in public settings? situations. the public, and in particular members of Note that, under the ACAA rules, the service animal community, to airlines are never required to carry in Need for Procedural Requirements propose methods for preventing/ the cabin an animal—even one that is We seek comments from airlines and detecting fraud that they believe are assisting a person with a disability—that other interested persons about their feasible alternatives to the current is not behaving appropriately in a experience with passengers attempting medical documentation requirements. public setting. to pass off pets as service animals, Medical Privacy The letters of support for PSDS’ especially as it may relate to ESAs and petition state that PSAs are trained to PSAs. Are there problems that air With respect to the medical provide medically necessary, carriers have encountered in information provided to airlines under therapeutic, or other services for their distinguishing pets from animals that paragraph (e) and other provisions of users. However, the letters do not provide services to passengers with Part 382 concerning medical specify what any of these services are. disabilities? What procedures do documentation, the Department has What are these services, and how, if at airlines use to draw this distinction, and issued the following guidance: all, are they relevant to the use of a PSA how well do these procedures work? Q. What should carriers do to safeguard the during the user’s air travel or activities How pervasive are any such problems? at the user’s destination? With respect to personal medical information (e.g., What, if any, experience do airlines physician’s statements, medical certificates travel on an aircraft, how do these have with people attempting to bring and documentation from licensed mental services differ from those that would be pets on board on the basis of claims that health professionals for emotional support provided by an ESA during a flight or the animals are service animals for and psychiatric service animals) that they at the passenger’s destination? How, if disabilities that are not readily apparent require of passengers in order to provide at all, would any such differences justify other than mental health-related certain accommodations? treating ESAs and their users differently conditions, such as seizure disorders, A. When a carrier requires a passenger to from PSAs and their owners in the heart conditions, diabetes, etc? What, if provide personal medical information as a context of air transportation? What, if any, problems are created for airlines condition for obtaining disability any, distinctions have airlines drawn or when people have attempted to bring or accommodations, we recommend that the carrier take steps to safeguard this attempted to draw between the two have succeeded in bringing pets into the categories of animals, and what is the information, such as maintaining it in a cabin under the guise of being service separate confidential file for the same period basis for any such distinctions? animals? Do airlines have any statistics of time it retains that passenger’s reservation It appears from some material in the or compilations of experience with record for the flights involved. supporting letters that PSAs do, in fact, people attempting to pass off their pets provide services related to emotional as service animals that they could share Does this guidance sufficiently address support. For example, one letter from a with the Department? medical privacy concerns arising from PSA user related the following about her Do the procedural provisions of the operation of paragraph (e)? If not, dog: section 382.117(e)—and the previous should the Department amend its * * * [H]e gives me unconditional love no provisions of DOT guidance concerning regulations to provide additional matter what I look or feel like that day. He ESAs—help airlines distinguish protections? If so, what should such is there right by my side even when I don’t between service animals and pets? If, as amendments provide? Should there be ask him to, lying at my feet because he knows the petition requests, paragraph (e) were additional language concerning such that helps me. He helps me when no nothing deleted, would airlines have sufficient matters as how confidentiality is or no one else will. He is very reliable. I other, arguably less burdensome, means maintained, who has access to records never have to worry if he is going to be ‘‘busy’’ that night like I would friends or of making these determinations? What and for how long, how are records family. He is never angry if I talk too much would be the effect, if any, on the ability disposed of, or whether a particular or pet him too much * * *. He gives me of airlines to make reasonable record retention period should be stated better hugs than my husband * * *. determinations in these matters if the in the rule or guidance?

VerDate Nov<24>2008 15:09 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\18SEP1.SGM 18SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 47906 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Proposed Rules

Family and Medical Emergencies or emotional support animal if the respect to the issues involved. The documentation is more than one year old? Part 382 provides that, when a following are examples of actions the A. Carriers may, at their discretion, accept Department could take: passenger does not provide advance from the passenger documentation from his notice for accommodations to which a 1. Leave the rule unchanged. or her licensed mental health professional 2. Leave the basic provisions of the carrier may apply an advance notice that is more than one year old. We encourage requirement, the carrier must provide carriers to consider accepting ‘‘outdated’’ rule (i.e., concerning documentation the accommodation if it can do so by documentation in situations where a and advance notice) unchanged, but add making reasonable efforts, without passenger with a disability provides a letter provisions relating to specific concerns delaying the flights (see section or notice of cancellation or other written about the implementation of these communication indicating the cessation of 382.27(g)). The Department’s rule is provisions (e.g., with respect to medical health insurance coverage, and his/her privacy or other matters now addressed now in effect: Have passengers or inability to afford treatment for his or her airlines encountered any actual by FAQs). mental or emotional disability. 3. Eliminate documentation and problems concerning the Does this guidance successfully address advance notice provisions for all types implementation of the provisions in the situation of persons with mental of animals assisting passengers with question in this context? health-related disabilities who may The Department has issued the disabilities. currently lack medical insurance? What 4. Eliminate the documentation and following FAQ discussing this principle is the experience of airlines and advance notice provisions for PSAs, but in the context of the procedural steps of passengers with the existing rule and leave the provisions in effect for ESAs. section 382.117(e): guidance, which are now in effect? 5. Leave the existing documentation Q. When must a carrier accommodate a Should the guidance or underlying and advance notice provisions for passenger accompanied by an emotional regulatory provisions be changed (e.g., passengers with disabilities who wish to support or psychiatric service animal who to eliminate the requirement, change the bring service animals on board an has not provided 48 hours’ advance notice? A. Carriers must accommodate a passenger period of one year to something else, aircraft but whose types of disabilities accompanied by an emotional support or require airlines to include alternate are not readily apparent. psychiatric service animal who has not documentation in some cases)? 6. Leave the existing documentation provided 48 hours’ advance notice if the and advance notice provisions in effect carrier can do so by making reasonable Use of General Practitioners for ESAs and PSAs, but add parallel efforts, without delaying a flight. The carrier, The Department has clarified in the provisions for all passengers with at its discretion, may waive its 48 hours’ regulatory text of section 382.117(e), disabilities who wish to bring service advance notice requirement in order to quoted above under ‘‘The Current animals on board an aircraft. expedite the emergency air travel of a Regulation,’’ that among the individuals 7. Substitute an alternative method of passenger accompanied by an emotional support or psychiatric service animal. authorized to provide documentation preventing ‘‘cheating’’ that would allow concerning the need for ESAs or PSAs airlines to distinguish service animals Does this guidance adequately handle include medical doctors who are from pets but that did not involve the the situation of ESA or PSA users with specifically treating a passenger’s current documentation and/or advance a family or medical emergency requiring mental or emotional disability. Does this notice provisions. short-notice travel? Should air carriers clarification successfully address the The fact that an idea is on this list be able to require documentation of the concern about the types of doctors who does not mean that the Department emergency from someone seeking to can provide the documentation that the necessarily supports it or believes that travel with a PSA or ESA who cannot rule now requires? If not, what it would be good policy; the list merely provide 48 hours’ notice? Are there additional provisions would sets out a range of possible approaches additional regulatory or guidance commenters recommend? to the issues raised by the PSDS statements the Department should make petition. Nor is the list exhaustive; the Americans With Disabilities Act (ADA) on this matter, such as criteria for when Department solicits other ideas for Analogy and on what basis the 48 hours’ advance addressing these issues as well. notice period should be waived? The Department notes that the ACAA Issued this 27th day of August 2009, at Lack of Medical Insurance or a Mental is a separate statute from the ADA. The Washington, DC. ACAA is a specialized statute dealing Health Care Provider Christa Fornarotto, only with transportation by air, in an In the absence of recent environment in which a large number of Acting Assistant Secretary for Aviation and International Affairs. documentation from a mental health people are confined within a limited professional, how is an air carrier to space for what may be a prolonged [FR Doc. E9–21351 Filed 9–17–09; 8:45 am] determine whether a passenger has a period of time. The Department has long BILLING CODE 4910–9X–P current need for an ESA or PSA? Would taken the position that accommodations anyone using a PSA or ESA have had a for persons with disabilities, and DOT medical recommendation for the use of requirements for them, may justifiably DEPARTMENT OF HOMELAND such an animal at some time in the past differ between the air travel context and SECURITY that could be documented? If not, what other contexts, such as places of public Coast Guard information could establish a basis for accommodation regulated by the the individual’s claim that he or she Department of Justice under its ADA 33 CFR Part 110 needs a service animal? The Department regulations. We seek comment on the has issued the following FAQ application of this principle in the [Docket No. USCG 2008–1082] discussing this principle in the context matter of PSAs and ESAs. of the procedural steps of section RIN 1625–AA01 382.117(e): Alternatives for Consideration Anchorage Regulations; Port of New Q. May a carrier accept documentation After reviewing comments on this York from a licensed mental health professional notice, the Department could make a concerning his or her need for a psychiatric number of different decisions with AGENCY: Coast Guard, DHS.

VerDate Nov<24>2008 15:09 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\18SEP1.SGM 18SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Proposed Rules 47907

ACTION: Notice of proposed rulemaking. Submitting Comments holidays. We have an agreement with If you submit a comment, please the Department of Transportation to use SUMMARY: The Coast Guard proposes to include the docket number for this the Docket Management Facility. amend Anchorage Ground No. 19 rulemaking (USCG–2008–1082), located east of the Weehawken- Privacy Act indicate the specific section of this Edgewater Federal Channel on the Anyone can search the electronic document to which each comment Hudson River. This action is necessary form of comments received into any of applies, and provide a reason for each to facilitate safe navigation and provide our dockets by the name of the suggestion or recommendation. You safe and secure anchorages for vessels individual submitting the comment (or may submit your comments and operating in the area. This proposal is signing the comment, if submitted on material online (via http:// intended to increase the safety of life behalf of an association, business, labor www.regulations.gov) or by fax, mail, or and property of both the anchored union, etc.). You may review a Privacy hand delivery, but please use only one vessels and those operating in the area Act notice regarding our public dockets of these means. If you submit a as well as to provide for the overall safe in the January 17, 2008 issue of the comment online via http:// and efficient flow of commerce. Federal Register (73 FR 3316). www.regulations.gov, it will be DATES: Comments and related material considered received by the Coast Guard Public Meeting must be received by the Coast Guard on when you successfully transmit the We do not now plan to hold a public or before November 17, 2009. comment. If you fax, hand delivery, or meeting. But you may submit a request ADDRESSES: You may submit comments mail your comment, it will be for one using one of the four methods identified by docket number USCG– considered as having been received by specified under ADDRESSES. Please 2008–1082 using any one of the the Coast Guard when it is received at explain why you believe a public following methods: the Docket Management Facility. We meeting would be beneficial. If we (1) Federal eRulemaking Portal: recommend that you include your name determine that one would aid this http://www.regulations.gov. and a mailing address, an e-mail rulemaking, we will hold one at a time address, or a telephone number in the (2) Fax: 202–493–2251. and place announced by a later notice body of your document so that we can in the Federal Register. (3) Mail: Docket Management Facility contact you if we have questions (M–30), U.S. Department of regarding your submission. Background and Purpose Transportation, West Building Ground To submit your comment online, go to The Hudson River Pilots Association, Floor, Room W12–140, 1200 New Jersey http://www.regulations.gov and click on through the Port of New York/New Avenue SE., Washington, DC 20590– the ‘‘submit a comment’’ box, which Jersey Harbor Safety, Navigation and 0001. will then become highlighted in blue. In Operations Committee, has requested (4) Hand delivery: Same as mail the ‘‘Document Type’’ drop-down menu that the Coast Guard revise the address above, between 9 a.m. and select ‘‘Proposed Rule’’ and insert boundaries of Anchorage Ground No. 19 5 p.m., Monday through Friday, except ‘‘USCG–2008–1082’’ in the ‘‘Keyword’’ which is located on the Hudson River, Federal holidays. The telephone number box. Click ‘‘Search’’ and then click on east of the Weehawken-Edgewater is 202–366–9329. the balloon shape in the ‘‘Actions’’ Federal Channel and south of the To avoid duplication, please use only column. If you submit your comments George Washington Bridge. one of these four methods. See the by mail or hand delivery, submit them Due to severe recurring shoaling ‘‘Public Participation and Request for in an unbound format, no larger than within the Weehawken-Edgewater Comments’’ portion of the 81⁄2 by 11 inches, suitable for copying Federal Channel, the Hudson River SUPPLEMENTARY INFORMATION section and electronic filing. If you submit Pilots requested and received below for instructions on submitting comments by mail and would like to authorization from the Coast Guard and comments. know that they reached the Facility, Army Corps of Engineers to pilot vessels please enclose a stamped, self-addressed through the deeper and safer water FOR FURTHER INFORMATION CONTACT: If postcard or envelope. We will consider located east of the Weehawken- you have questions on this proposed all comments and material received Edgewater Federal Channel which is rule, call or e-mail Mr. Jeff Yunker, during the comment period and may within the current boundaries of Coast Guard Sector New York, change the rule based on your Anchorage Ground No. 19. Waterways Management Division; comments. This proposed revision would divide telephone 718–354–4195, e-mail Anchorage Ground 19 into two separate [email protected]. If you have Viewing Comments and Documents Anchorage Areas; Anchorage Ground questions on viewing or submitting To view comments, as well as No. 19 West and Anchorage Ground No. material to the docket, call Renee V. documents mentioned in this preamble 19 East. This proposed change will Wright, Program Manager, Docket as being available in the docket, go to allow deep draft vessels to transit the Operations, telephone 202–366–9826. http://www.regulations.gov and click on deeper water without having to transit SUPPLEMENTARY INFORMATION: the ‘‘Read comments’’ box, which will through the current boundaries of then become highlighted in blue. In the Anchorage Ground 19. The U.S. Army Public Participation and Request for ‘‘Keyword’’ box insert ‘‘USCG–2008– Corps of Engineers, in conjunction with Comments 1082’’ and click ‘‘Search.’’ Click the this rulemaking, intends to relocate the We encourage you to participate in ‘‘Open Docket Folder’’ in the ‘‘Actions’’ Weehawken-Edgewater Federal Channel this rulemaking by submitting column. You may also visit the Docket to the East of its current location. Under comments and related materials. All Management Facility in Room W12–140 this proposed rule, The Weehawken- comments received will be posted on the ground floor of the Department Edgewater Federal Channel would be without change to http:// of Transportation West Building, 1200 located between the proposed www.regulations.gov and will include New Jersey Avenue, SE., Washington, Anchorage Ground No. 19 West and any personal information you have DC 20590, between 9 a.m. and 5 p.m., Anchorage Ground No. 19 East. Due to provided. Monday through Friday, except Federal shoaling, the March 2007 (ACOE)

VerDate Nov<24>2008 15:09 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\18SEP1.SGM 18SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 47908 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Proposed Rules

survey verified a controlling depth of 27 bounded by the following points: lightering operations as required by feet in the Right Outside Quarter of the 40°46′56.3″ N, 073°59′42.2″ W; thence to § 156.118 of this title. Weehawken-Edgewater Channel where 40°47′36.9″ N, 073°59′11.7″ W; thence to We propose to discontinue the vessels bound for ports north of New 40°49′31.3″ N, 073°57′43.8″ W; thence to requirement (currently at 33 CFR York City would have to transit. As 40°49′40.2″ N, 073°57′37.6″ W; thence to 110.155(c)(5)(iv)) that each vessel move published by the U.S. Army Corps of 40°49′52.4″ N, 073°57′37.6″ W; thence to when the Captain of the Port notifies Engineers (ACOE) Institute for Water 40°49′57.7″ N, 073°57′47.3″ W; thence to them the Anchorage is required by naval Resources, vessels with drafts of up to 40°49′32.2″ N, 073°58′12.9″ W; thence to vessels. This regulation is no longer 34 feet transit the Hudson River. In 40°49′00.7″ N, 073°58′33.1″ W; thence to required as the closest naval facility is calendar year 2006, there were 6,562 40°48′28.7″ N, 073°58′53.8″ W; thence to now located approximately 22 nautical transits on the Hudson River between 40°47′38.2″ N, 073°59′31.2″ W; thence to miles away at Earle, NJ. A copy of this the mouth of the Harlem River and 40°47′02.7″ N, 073°59′57.4″ W; thence to notice of proposed rulemaking will be Waterford, NY by vessels with a draft of the point of origin (NAD 83). provided to the Navy seeking comment 27 feet or greater. Vessels with a draft The current Anchorage Ground No. 19 regarding the disestablishment of the of 27 feet or greater would be required covers 1,352 acres. The proposed Naval Anchorages in this area and to transit through the new channel Anchorage Ground No. 19 West would whether they intend to anchor vessels which is within the current boundaries cover 714.5 acres while the proposed on this part of the Hudson River at a of Anchorage Ground No. 19. Anchorage Ground No. 19 East would future time. Additionally, vessels may Tug & Barge traffic within the harbor cover 185.5 acres. There would be 400 still be required to shift their position has increased 37% since 1991. yards separating the two Anchorage into, or within, the anchorage under Anchorage Ground No. 19 is the closest Grounds for vessel transits. current Captain of the Port authority as Anchorage Ground to use when there is We propose to revise the regulations provided for in 33 CFR 110.155(l)(12). no space for temporary anchoring specific to these two anchorage grounds We propose to revise the regulation within the Upper New York Bay and change the current numbering (currently at 33 CFR 110.155(c)(5)(v)) Anchorage Grounds. Hence, these within this section. The new regulations requiring 48 hours advance notice to the vessels transit to Anchorage Ground No. applicable to Anchorage 19 East and Captain of the Port from vessels over 19 to await a berth, or orders, to West will appear in 33 CFR 800 feet in length overall, or 40 feet in minimize fuel consumption and provide 110.155(c)(5)(iii)(A)–(E). The proposed draft, requesting to use the anchorage. an orderly flow of commerce within the changes to the anchorage regulations are As discussed below, we propose to limit harbor and the New England region. detailed below. this anchorage ground to tugs and/or On October 14, 2008 the Captain of barges. Ships will not be authorized to the Port (COTP) issued an Advisory We propose to discontinue the Notice to all Tug & Barge operators and requirement (currently at 33 CFR anchor in these proposed anchorage the Hudson River Pilots. The COTP 110.155(c)(5)(i)) that all vessels obtain grounds as they are already anchoring notified the maritime community that in permission from the Captain of the Port outside of the Federal Channel, off accordance with 33 CFR 110.155(c)(5)(i) prior to anchoring. The Captain of the Yonkers, NY, approximately 5 to 10 he would only grant permission for Port is currently not authorizing any nautical miles north of these proposed vessels to anchor on the western vessels to anchor within the proposed revised anchorage grounds. boundary of the existing Anchorage revised Federal Channel. If the proposed We propose to add a requirement that Ground No. 19 as an interim measure to rule is finalized, then the Coast Guard any vessel conducting lightering or facilitate vessel transits through the area would no longer require this regulation bunkering operations shall display by while alternatives are explored. to stop vessels from anchoring within day a red flag (Pub 102; International This proposed rule would modify the deep water being used for vessel Code of Signals; signaling instructions) Anchorage Ground No. 19 and remove transits. Vessels may still be required to at its mast head or at least 10 feet above the need for vessels to transit through shift their position into, or within, the the upper deck if the vessel has no mast, the anchorage when the Army Corps anchorage under the authority of 33 CFR and by night the flag must be relocates Weehawken-Edgewater 110.155(l)(12). illuminated by spotlight. These signals Federal Channel to the Eastern portion We propose to discontinue the shall be in addition to day signals, lights of the Hudson River. This proposed rule requirement (currently at 33 CFR and whistle signals as required by rules will eliminate the unsafe transit 110.155(c)(5)(ii)) that each vessel report 30 (33 U.S.C. 2030) and 35 (33 U.S.C. conditions of deep draft vessels its position to the Captain of the Port 2035) of the Inland Navigation Rules transiting through the current immediately after anchoring. This when at anchor in a general anchorage Anchorage Ground No. 19. provision is no longer required due to area. vessels already reporting their position We propose to add a requirement that Discussion of Proposed Rule via their Automated Identification within an anchorage, fishing and In this rule we propose to divide the System (AIS) equipment and/or radar navigation are prohibited within 500 current Anchorage Ground No. 19 into returns from the vessels received by the yards of an anchored vessel displaying two Anchorage Grounds. Anchorage No. Coast Guard and Vessel Traffic Service a red flag by day or a red light by night. 19 East would be bounded by the (VTS). We propose to add a regulation (the following points: 40°49′42.6″ N, We propose to revise the regulation proposed 33 CFR 110.155(c)(5)(iii)(D)) 073°57′14.7″ W; thence to 40°49′45.9″ N, (currently at 33 CFR 110.155(c)(5)(iii)) to specify that these anchorage grounds 073°57′22.0″ W; thence to 40°49′52.0″ N, that currently provides that no vessel are only authorized for use by tugs and/ 073°57′22.0″ W; thence to 40°50′08.3″ N, may conduct lightering operations in or barges. 073°57′10.8″ W; thence to 40°50′55.4″ N, these anchorage grounds without Regulatory Analyses 073°56′59.7″ W; thence to 40°51′02.5″ N, permission from the Captain of the Port. 073°56′57.4″ W; thence to 40°51′00.8″ N, The revision will clarify that when We developed this proposed rule after 073°56′49.4″W; thence along the lightering is requested, the Captain of considering numerous statutes and shoreline to the point of origin (NAD the Port must be notified at least four executive orders related to rulemaking. 83). Anchorage No. 19 West would be hours in advance of a vessel conducting Below we summarize our analyses

VerDate Nov<24>2008 15:09 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\18SEP1.SGM 18SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Proposed Rules 47909

based on 13 of these statutes or If the rule would affect your small safety that might disproportionately executive orders. business, organization, or governmental affect children. jurisdiction and you have questions Regulatory Planning and Review Indian Tribal Governments concerning its provisions or options for This proposed rule is not a significant compliance, please contact Mr. Jeff This proposed rule does not have regulatory action under section 3(f) of Yunker at 718–354–4195. The Coast tribal implications under Executive Executive Order 12866, Regulatory Guard will not retaliate against small Order 13175, Consultation and Planning and Review, and does not entities that question or complain about Coordination with Indian Tribal require an assessment of potential costs this proposed rule or any policy or Governments, because it would not have and benefits under section 6(a)(3) of that action of the Coast Guard. a substantial direct effect on one or Order. The Office of Management and more Indian tribes, on the relationship Budget has not reviewed it under that Collection of Information between the Federal Government and Order. This proposed rule would call for no Indian tribes, or on the distribution of We expect the economic impact of new collection of information under the power and responsibilities between the this proposed rule to be so minimal that Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes. a full Regulatory Evaluation is U.S.C. 3501–3520). Energy Effects unnecessary. This conclusion is based upon the fact that there are no fees, Federalism We have analyzed this proposed rule permits, or specialized requirements for A rule has implications for federalism under Executive Order 13211, Actions the maritime industry to utilize these under Executive Order 13132, Concerning Regulations That anchorage areas. The regulation is solely Federalism, if it has a substantial direct Significantly Affect Energy Supply, for the purpose of advancing safety of effect on State or local governments and Distribution, or Use. We have maritime commerce. would either preempt State law or determined that it is not a ‘‘significant impose a substantial direct cost of energy action’’ under that order because Small Entities compliance on them. We have analyzed it is not a ‘‘significant regulatory action’’ Under the Regulatory Flexibility Act this proposed rule under that Order and under Executive Order 12866 and is not (5 U.S.C. 601–612), we have considered have determined that it does not have likely to have a significant adverse effect whether this proposed rule would have implications for federalism. on the supply, distribution, or use of a significant economic impact on a energy. The Administrator of the Office substantial number of small entities. Unfunded Mandates Reform Act of Information and Regulatory Affairs The term ‘‘small entities’’ comprises The Unfunded Mandates Reform Act has not designated it as a significant small businesses, not-for-profit of 1995 (2 U.S.C. 1531–1538) requires energy action. Therefore, it does not organizations that are independently Federal agencies to assess the effects of require a Statement of Energy Effects owned and operated and are not their discretionary regulatory actions. In under Executive Order 13211. dominant in their fields, and particular, the Act addresses actions Technical Standards governmental jurisdictions with that may result in the expenditure by a populations of less than 50,000. State, local, or tribal government, in the The National Technology Transfer The Coast Guard certifies under 5 aggregate, or by the private sector of and Advancement Act (NTTAA) (15 U.S.C. 605(b) that this proposed rule $100,000,000 or more in any one year. U.S.C. 272 note) directs agencies to use would not have a significant economic Though this proposed rule would not voluntary consensus standards in their impact on a substantial number of small result in such an expenditure, we do regulatory activities unless the agency entities. This proposed rule would affect discuss the effects of this rule elsewhere provides Congress, through the Office of the following entities, some of which in this preamble. Management and Budget, with an might be small entities: The owners or explanation of why using these operators of vessels intending to transit Taking of Private Property standards would be inconsistent with through the proposed Anchorage This proposed rule would not effect a applicable law or otherwise impractical. Grounds 19 East and 19 West. Vessels taking of private property or otherwise Voluntary consensus standards are intending to anchor in the current have taking implications under technical standards (e.g., specifications Anchorage Ground No. 19 would still be Executive Order 12630, Governmental of materials, performance, design, or able to anchor in the revised Anchorage Actions and Interference with operation; test methods; sampling Ground No. 19 East or No. 19 West. Constitutionally Protected Property procedures; and related management If you think that your business, Rights. systems practices) that are developed or organization, or governmental adopted by voluntary consensus jurisdiction qualifies as a small entity Civil Justice Reform standards bodies. This proposed rule and that this rule would have a This proposed rule meets applicable does not use technical standards. significant economic impact on it, standards in sections 3(a) and 3(b)(2) of Therefore, we did not consider the use please submit a comment (see Executive Order 12988, Civil Justice of voluntary consensus standards. ADDRESSES) explaining why you think it Reform, to minimize litigation, Environment qualifies and how and to what degree eliminate ambiguity, and reduce this rule would economically affect it. burden. We have analyzed this proposed rule under Department of Homeland Assistance for Small Entities Protection of Children Security Management Directive 023–01 Under section 213(a) of the Small We have analyzed this proposed rule and Commandant Instruction Business Regulatory Enforcement under Executive Order 13045, M16475.lD, which guide the Coast Fairness Act of 1996 (Pub. L. 104–121), Protection of Children from Guard in complying with the National we want to assist small entities in Environmental Health Risks and Safety Environmental Policy Act of 1969 understanding this proposed rule so that Risks. This rule is not an economically (NEPA) (42 U.S.C. 4321–4370f), and they can better evaluate its effects on significant rule and would not create an have made a preliminary determination them and participate in the rulemaking. environmental risk to health or risk to that this action is one of a category of

VerDate Nov<24>2008 15:09 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\18SEP1.SGM 18SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 47910 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Proposed Rules

actions which do not individually or advance of a vessel conducting because the Agency views this as a non- cumulatively have a significant effect on lightering operations as required by controversial SIP revision and the human environment. This rule § 156.118 of this title. anticipates no adverse comments. A involves changing the size of anchorage (B) Any vessel conducting lightering detailed rationale for the approval is set grounds resulting in a reduction in the or bunkering operations shall display by forth in the preamble to the direct final overall size of the anchorage area. We day a red flag (Pub 102; International rule. If EPA receives no adverse seek any comments or information that Code of Signals; signaling instructions) comments, EPA will not take further may lead to the discovery of a at its mast head or at least 10 feet above action on this proposed rule. If EPA significant environmental impact from the upper deck if the vessel has no mast, receives adverse comments, EPA will this proposed rule. and by night the flag must be withdraw the direct final rule and it will illuminated by spotlight. These signals not take effect. EPA will address all List of Subjects in 33 CFR Part 110 shall be in addition to day signals, lights public comments in a subsequent final Anchorage grounds. and whistle signals as required by rules rule based on this proposed rule. EPA For the reasons discussed in the 30 (33 U.S.C. 2030) and 35 (33 U.S.C. will not institute a second comment preamble, the Coast Guard proposes to 2035) of the Inland Navigation Rules period on this action. Any parties amend 33 CFR part 110 as follows: when at anchor in a general anchorage interested in commenting must do so at area. this time. Please note that if EPA PART 110—ANCHORAGE (C) Within an anchorage, fishing and receives adverse comment on an REGULATIONS navigation are prohibited within 500 amendment, paragraph, or section of 1. The authority citation for part 110 yards of an anchored vessel displaying this rule and if that provision may be continues to read as follows: a red flag by day or a red light by night. severed from the remainder of the rule, (D) These anchorage grounds are only EPA may adopt as final those provisions Authority: 33 U.S.C. 471, 1221 through authorized for use by tugs and/or barges. of the rule that are not the subject of an 1236, 2030, 2035, 2071; 33 CFR 1.05–1; (E) No vessel may occupy this adverse comment. Department of Homeland Security Delegation anchorage ground for a period of time in No. 0170.1. DATES: Written comments must be excess of 96 hours without prior received on or before October 19, 2009. 2. Amend § 110.155, by revising approval of the Captain of the Port. ADDRESSES: paragraph (c)(5) to read as follows: (F) All coordinates referenced use Submit your comments, datum: NAD 83. identified by Docket ID No. EPA–R08– § 110.155 Port of New York. OAR–2005–0463, by one of the * * * * * * * * * * following methods: (c) * * * Dated: July 23, 2009. • http://www.regulations.gov. Follow (5) Anchorages No. 19 East and 19 Dale G. Gabel, the on-line instructions for submitting West. Rear Admiral, U.S. Coast Guard Commander, comments. (i) Anchorage No. 19 East. All waters First Coast Guard District. • E-mail: [email protected] and of the Hudson River bound by the [FR Doc. E9–22457 Filed 9–17–09; 8:45 am] [email protected]. ° ′ ″ • following points: 40 49 42.6 N, BILLING CODE 4910–15–P Fax: (303) 312–6064 (please alert 073°57′14.7″ W; thence to 40°49′45.9″ N, the individual listed in the FOR FURTHER 073°57′22.0″ W; thence to 40°49′52.0″ N, INFORMATION CONTACT if you are faxing ° ′ ″ ° ′ ″ 073 57 22.0 W; thence to 40 50 08.3 N, ENVIRONMENTAL PROTECTION comments). ° ′ ″ ° ′ ″ • 073 57 10.8 W; thence to 40 50 55.4 N, AGENCY Mail: Callie Videtich, Director, Air 073°56′59.7″ W; thence to 40°51′02.5″ N, Program, Environmental Protection 073°56′57.4″ W; thence to 40°51′00.8″ N, 40 CFR Part 52 Agency (EPA), Region 8, Mailcode 8P– 073°56′49.4″ W; thence along the AR, 1595 Wynkoop, Denver, Colorado [EPA–R08–OAR–2005–0463; FRL–8957–2] shoreline to the point of origin (NAD 80202–1129. • 83). Approval and Promulgation of State Hand Delivery: Callie Videtich, (ii) Anchorage No. 19 West. All waters Implementation Plans; State of Director, Air Program, Environmental of the Hudson River bound by the Protection Agency (EPA), Region 8, ° ′ ″ Colorado; Revisions to the Denver following points: 40 46 56.3 N, Emergency Episode Plan Mailcode 8P–AR, 1595 Wynkoop, 073°59′42.2″ W; thence to 40°47′36.9″ N, Denver, Colorado 80202–1129. Such 073°59′11.7″ W; thence to 40°49′31.3″ N, AGENCY: Environmental Protection deliveries are only accepted Monday 073°57′43.8″ W; thence to 40°49′40.2″ N, Agency (EPA). through Friday, 8 a.m. to 4:30 p.m., ° ′ ″ ° ′ ″ 073 57 37.6 W; thence to 40 49 52.4 N, ACTION: Proposed rule. excluding Federal holidays. Special 073°57′37.6″ W; thence to 40°49′57.7″ N, arrangements should be made for 073°57′47.3″ W; thence to 40°49′32.2″ N, SUMMARY: EPA is proposing to approve deliveries of boxed information. ° ′ ″ ° ′ ″ 073 58 12.9 W; thence to 40 49 00.7 N, State Implementation Plan (SIP) Please see the direct final rule which is ° ′ ″ ° ′ ″ 073 58 33.1 W; thence to 40 48 28.7 N, revisions to the Denver Emergency located in the Rules section of this ° ′ ″ ° ′ ″ 073 58 53.8 W; thence to 40 47 38.2 N, Episode Plan submitted by the State of Federal Register for detailed instruction ° ′ ″ ° ′ ″ 073 59 31.2 W; thence to 40 47 02.7 N, Colorado on September 16, 1997. EPA on how to submit comments. 073°59′57.4″ W; thence to the point of has determined that the Denver FOR FURTHER INFORMATION CONTACT: origin. Emergency Episode Plan revisions meet Domenico Mastrangelo, Air Program, (iii) The following regulations apply the requirements for the prevention of U.S. Environmental Protection Agency, to 33 CFR 110.155(c)(5)(i) and (ii): air pollution emergency episodes with (A) No vessel may conduct lightering ambient concentrations of air pollutants Region 8, Mailcode 8P–AR, 1595 operations in these anchorage grounds that may endanger public health and Wynkoop, Denver, Colorado 80202– without permission from the Captain of welfare. In the ‘‘Rules and Regulations’’ 1129, (303) 312–6436, the Port. When lightering is authorized, section of this Federal Register, EPA is [email protected]. the Captain of the Port New York must approving the State’s SIP revision as a SUPPLEMENTARY INFORMATION: See the be notified at least four hours in direct final rule without prior proposal information provided in the Direct Final

VerDate Nov<24>2008 15:09 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\18SEP1.SGM 18SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Proposed Rules 47911

action of the same title which is located Fax: 1–202–493–2251. before FMCSA are governed by the in the Rules and Regulations section of Mail, Courier, or Hand-Deliver: U.S. provisions of 49 CFR 389.19. Extensions this Federal Register. Department of Transportation, Docket require a showing of good cause, and are Authority: 42 U.S.C. 7401 et seq. Operations (M–30), West Building granted if consistent with the public Ground Floor, Room W12–140, 1200 interest. Dated: September 4, 2009. New Jersey Avenue, SE., Washington, Petitioners contend that the agency is Carol Rushin, DC 20590. Office hours are between 9 required to provide an extension Acting Regional Administrator, Region 8. a.m. and 5 p.m., ET, Monday through because of the provisions of Executive [FR Doc. E9–22281 Filed 9–17–09; 8:45 am] Friday, except Federal holidays. Order No. 12866, 58 FR 51733 (Oct. 4, BILLING CODE 6560–50–P Docket: Comments and material 1993), as amended by Executive Order received from the public, as well as No. 13258, 67 FR 9383 (Feb. 28, 2002). background information and documents Section 6 of E.O. 12866 provides that: DEPARTMENT OF TRANSPORTATION mentioned in this preamble, are part of Each agency shall (consistent with its own docket FMCSA–2009–0231, and are rules, regulations, or procedures) provide the Federal Motor Carrier Safety available for inspection and copying on public with meaningful participation in the Administration the Internet at http:// regulatory process. In particular, before www.regulations.gov. You may also issuing a notice of proposed rulemaking, 49 CFR Part 367 view and copy documents at the U.S. each agency should, where appropriate, seek the involvement of those who are intended [Docket No. FMCSA–2009–0231] Department of Transportation’s Docket Operations Unit, West Building Ground to benefit from and those expected to be RIN–2126–AB19 Floor, Room W12–140, 1200 New Jersey burdened by any regulation (including, specifically, State, local, and tribal officials). Avenue, SE., Washington, DC. In addition, each agency should afford the Fees for the Unified Carrier Privacy Act: All comments will be Registration Plan and Agreement public a meaningful opportunity to comment posted without change including any on any proposed regulation, which in most AGENCY: Federal Motor Carrier Safety personal information provided to the cases should include a comment period of Administration (FMCSA), DOT. FDMS at http://www.regulations.gov. not less than 60 days. Anyone can search the electronic form ACTION: Notice of Proposed Rulemaking; In this matter, after the Board of all our dockets in FDMS, by the name extension of comment period. submitted its initial proposal for an of the individual submitting the adjustment of the UCR fees on April 3, SUMMARY: FMCSA extends the time for comment (or signing the comment, if 2009, FMCSA’s designated member of submitting comments for an additional submitted on behalf of an association, the Board responded by conducting a ten days in response to the notice of business, labor union, etc). The telephone conference on April 23 with proposed rulemaking (NPRM) proposing Department of Transportation’s (DOT) the Board’s chairman and the chairman fees for the Unified Carrier Registration complete Privacy Act Statement was of Board’s revenue and fees Plan and Agreement published on published in the Federal Register on subcommittee to discuss several issues September 3, 2009. The FMCSA April 11, 2000 (65 FR 19476), and can presented by the proposal. Those issues received a request to extend the be viewed at http://docketsinfo.dot.gov. were explained in more detail in a comment period from the five industry Comments received after the comment written set of questions to the Board representatives on the Board of closing date will be included in the transmitted immediately after the Directors of the Unified Carrier docket, and we will consider late conference. Registration Agreement (Board), which comments to the extent practicable. Over the next few months, in the was supported by several other FMCSA may, however, issue a final rule course of public meetings of the board interested parties. The extension of the at any time after the close of the of directors in May 14, June 16 and 17, comment period will allow all comment period. and July 9, the issues raised by FMCSA interested parties additional time to FOR FURTHER INFORMATION CONTACT: Ms. were discussed. At its June meeting, the submit comments to the proposed rule. Julie Otto, Office of Enforcement and Board voted by a majority to reconsider DATES: The comment period for the Program Delivery, (202) 366–0710, the proposal submitted on April 3. The proposed rule published September 3, FMCSA, Department of Transportation, revenue and fees subcommittee of the 2009 (74 FR 45583) is extended. 1200 New Jersey Ave., SE., Washington, Board, which has members from the Comments must be received on or DC 20590 or by e-mail at: motor carrier industry, met thereafter to before September 28, 2009. [email protected]. consider alternative proposals that ADDRESSES: You may submit comments, SUPPLEMENTARY INFORMATION: might address the issues raised by identified by docket number FMCSA– On September 8, 2009, the five FMCSA. Two such proposals to replace 2009–0231 and/or RIN 2126–AB19, by industry representatives on the Board of the April 3 proposal were put to a vote any of the following methods—Internet, Directors of the Unified Carrier by the Board at its meeting on July 9; facsimile, regular mail, or hand-deliver. Registration Agreement sent a request both proposals failed to be adopted Federal eRulemaking Portal: Federal on behalf of themselves and their because of a tie vote among the Docket Management System (FDMS) respective organizations including the members of the Board present and Web site at http://www.regulations.gov. American Trucking Associations, the voting. On July 15, the Board submitted The FDMS is the preferred method for National Private Trucking Council, the a letter advising the agency of these submitting comments, and we urge you Owner Operator Independent Drivers facts and, in effect, requesting FMCSA to use it. In the ‘‘Comment’’ or Association, the Transportation to proceed with the rulemaking ‘‘Submission’’ section, type Docket ID Intermediaries Association, and proceeding contemplated by 49 U.S.C. Number ‘‘FMCSA–2009–0231’’, select Walmart for an extension of the 14504a(d)(7). As indicated in that letter, ‘‘Go’’, and then click on ‘‘Send a comment period in the subject the Board and FMCSA both consider Comment or Submission.’’ You will rulemaking proceeding. that the 90-day statutory time period for receive a tracking number when you Requests for extension of time to completion of the proceeding submit a comment. comment in a rulemaking proceeding commenced on July 15. Petitioners’

VerDate Nov<24>2008 15:09 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\18SEP1.SGM 18SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 47912 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Proposed Rules

contention that the statutory time limit prepare a final rule. The 15-day order to allow petitioners and the has already expired is not correct. comment period is the same comment general public an opportunity to In any case, by seeking the period that was provided in 2007, provide comprehensive comments on involvement of the Board in addressing without objection by any interested the proposed fees and fee bracket the issues raised by the agency, person, for consideration of the initial structure included in the NPRM interested and affected members of the fees recommended by the Board. See 72 published by FMCSA on September 3, Board and the public at large have long FR 29472 (May 29, 2007). 2009. been aware of both the nature of the The provisions of E.O. 12866 quoted FMCSA, in the public interest grants various fee proposals and the issues above do not require a 60-day comment in part the petitioner’s request to extend raised by FMCSA. Those issues have period in every rulemaking, but instead the comment period. The Agency now been presented for public comment clearly recognize that, in some cases, a extends the comment period by ten in the notice of proposed rulemaking shorter comment period is appropriate. days; comments must be received on or issued on September 3. Because the 90- Petitioners and other interested parties before September 28, 2009. day period specified by statute ends on have had an opportunity for October 15, 2009, FMCSA had no option ‘‘meaningful participation’’ in the Issued: September 15, 2009. other than providing a short time for regulatory process over the last several Rose A. McMurray, submitting comments, in order to months. Nonetheless good cause has Acting Deputy Administrator. provide the agency sufficient time to been shown to grant a short extension [FR Doc. E9–22645 Filed 9–17–09; 8:45 am] consider the public comments and to of the comment period in this matter, in BILLING CODE 4910–EX–P

VerDate Nov<24>2008 15:09 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\18SEP1.SGM 18SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 47913

Notices Federal Register Vol. 74, No. 180

Friday, September 18, 2009

This section of the FEDERAL REGISTER the collection of information unless it ACTION: Notice and request for contains documents other than rules or displays a currently valid OMB control comments. proposed rules that are applicable to the number. public. Notices of hearings and investigations, SUMMARY: In accordance with the committee meetings, agency decisions and Farm Service Agency Paperwork Reduction Act of 1995 (44 rulings, delegations of authority, filing of Title: Request for Aerial Photography. U.S.C. Chapter 35, as amended), the petitions and applications and agency Rural Utilities Service (RUS) invites statements of organization and functions are OMB Control Number: 0560–0176. comments on this information examples of documents appearing in this Summary of Collection: The Farm collection for which RUS intends to section. Service Agency (FSA) Aerial request approval from the Office of Photography Field Office (APFO) has Management and Budget (OMB). the authority to coordinate aerial DEPARTMENT OF AGRICULTURE photography work in USDA, develop DATES: Comments on this notice must be received by November 17, 2009. Submission for OMB Review; and carry out aerial photography and Comment Request remote sensing programs and the FOR FURTHER INFORMATION CONTACT: Agency’s aerial photography flying Michele L. Brooks, Director, Program September 15, 2009. contract programs. The film APFO Development and Regulatory Analysis, The Department of Agriculture has secures is public domain and Rural Utilities Service, 1400 submitted the following information reproductions are available at cost to Independence Ave., SW., STOP 1522, collection requirement(s) to OMB for any customer with a need. FSA will Room 5162—South Building, review and clearance under the collect information using the following Washington, DC 20250–1522. Paperwork Reduction Act of 1995, three forms: FSA–441, Request for Telephone: (202) 690–1078. FAX: (202) Public Law 104–13. Comments Aerial Imagery, FSA 441B, Customer 720–8435. E-mail: regarding (a) whether the collection of Digital Print Form, and FSA 441C, [email protected]. information is necessary for the proper APFO Service Quality Survey. performance of the functions of the SUPPLEMENTARY INFORMATION: The Office Need and Use of the Information: FSA of Management and Budget’s (OMB) agency, including whether the will collect the name, address, contact information will have practical utility; regulation (5 CFR 1320) implementing name, telephone, fax, e-mail, customer provisions of the Paperwork Reduction (b) the accuracy of the agency’s estimate code, agency code, purchase order of burden including the validity of the Act of 1995 (Pub. L. 104–13) requires number, credit card number/exp. date that interested members of the public methodology and assumptions used; (c) and amount remitted/PO amount. ways to enhance the quality, utility and and affected agencies have an Customers have the option of placing opportunity to comment on information clarity of the information to be orders by mail, fax, telephone, and collected; (d) ways to minimize the collection and recordkeeping activities walk-in. Furnishing this information (see 5 CFR 1320.8(d)). This notice burden of the collection of information requires the customer to research and on those who are to respond, including identifies an information collection that prepare their request before submitting RUS is submitting to OMB for through the use of appropriate it to APFO. automated, electronic, mechanical, or extension. Description of Respondents: Farms; other technological collection Comments are invited on: (a) Whether Individuals or household; Business or techniques or other forms of information the proposed collection of information other for-profit; Federal Government; technology should be addressed to: Desk is necessary for the proper performance State, Local or Tribal Government; Not- Officer for Agriculture, Office of of the functions of the Agency, for-profit institutions. Information and Regulatory Affairs, including whether the information will Office of Management and Budget Number of Respondents: 6,300. have practical utility; (b) the accuracy of (OMB), Frequency of Responses: the Agency’s estimate of the burden of [email protected] or Recordkeeping; Reporting; Annually; the proposed collection of information fax (202) 395–5806 and to Departmental Other (when ordering). including the validity of the Clearance Office, USDA, OCIO, Mail Total Burden Hours: 3,770. methodology and assumptions used; (c) Stop 7602, Washington, DC 20250– ways to enhance the quality, utility and 7602. Comments regarding these Ruth Brown, clarity of the information to be information collections are best assured Departmental Information Collection collected; and (d) ways to minimize the of having their full effect if received Clearance Officer. burden of the collection of information within 30 days of this notification. [FR Doc. E9–22565 Filed 9–17–09; 8:45 am] on those who are to respond, including Copies of the submission(s) may be BILLING CODE 3410–05–P through the use of appropriate obtained by calling (202) 720–8958. automated, electronic, mechanical, or An agency may not conduct or other technological collection sponsor a collection of information DEPARTMENT OF AGRICULTURE techniques or other forms of information unless the collection of information Rural Utilities Service technology. Comments may be sent to: displays a currently valid OMB control Michele Brooks, Director, Program number and the agency informs Information Collection Activity; Development and Regulatory Analysis, potential persons who are to respond to Comment Request USDA Rural Utilities Service, STOP the collection of information that such 1522, 1400 Independence Ave., SW., persons are not required to respond to AGENCY: Rural Utilities Service, USDA. Washington, DC 20250–1522. FAX:

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47914 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

(202) 720–8435. E-mail: DEPARTMENT OF AGRICULTURE SW., Washington, DC 20250–1522. FAX: [email protected]. (202) 720–4120. Rural Utilities Service Title: 7 CFR 1779, Water and Waste Title: Wholesale Contracts for the Disposal Programs Guaranteed Loans. Information Collection Activity; Purchase and Sale of Electric Power. OMB Number: 0572–0122. Comment Request OMB Control Number: 0572–0089. Type of Request: Extension of a AGENCY: Rural Utilities Service, USDA. Type of Request: Revision of a currently approved information currently approved information collection. ACTION: Notice and request for comments. collection. Abstract: The Rural Utilities Service Abstract: Most RUS financed electric SUMMARY: is authorized by Section 306 of the In accordance with the systems are cooperatives and are Consolidated Farm and Rural Paperwork Reduction Act of 1995 (44 organized in a two-tiered structure. Development Act (7 U.S.C. 1926) to U.S.C. Chapter 35, as amended), the Retail customers are members of the make loans to public agencies, nonprofit Rural Utilities Service (RUS) invites distribution system that brings corporations, and Indian tribes for the comments on this information electricity to their homes and business. development of water and waste collection for which RUS intends to Distribution cooperatives, in turn, are disposal facilities primarily servicing request approval from the Office of members of power supply cooperatives, rural residents. The guaranteed loan Management and Budget (OMB). also known as generation and program encourages lender participation DATES: Comments on this notice must be transmission cooperatives (G&T’s) that and provides specific guidance in the received by November 17, 2009. generate or purchase power and processing and servicing of guaranteed FOR FURTHER INFORMATION CONTACT: transmit the power to the distribution loans. The regulations governing the Michele Brooks, Director, Program systems. Water and Waste Disposal Guaranteed Development and Regulatory Analysis, Loan program are codified at 7 CFR Rural Utilities Service, United States For a distribution system a lien on the 1779. The required information, in the Department of Agriculture, 400 borrower’s assets generally represents form of written documentation and Independence Ave., SW., STOP 1522, adequate security. However, since most Agency approved forms, is collected Room 5170 South Building, G&T revenues flow from its distribution from applicants/borrowers, their Washington, DC 20250–1522. members, RUS requires, as a condition lenders, and consultants. The collected Telephone: (202) 690–1078. FAX: (202) of a loan or loan guarantee to a G&T that information will be used to determine 720–8435. long-term requirements wholesale power contract to purchase their power applicant/borrower eligibility, project SUPPLEMENTARY INFORMATION: The Office feasibility, and to ensure borrowers of Management and Budget’s (OMB) from the G&T at rates that cover all the operate on a sound basis and use loan regulation (5 CFR 1320) implementing G&T’s expenses, including debt service funds for authorized purposes. Failure provisions of the Paperwork Reduction and margins. RUS Form 444 is the to collect proper information could Act of 1995 (Pub. L. 104–13) requires standard form of the wholesale power result in improper determinations of that interested members of the public contract. Most borrowers adapt this eligibility, improper use of funds, and/ and affected agencies have an form to meet their specific needs. The or unsound loans. opportunity to comment on information contract is prepared and executed by the Estimate of Burden: Public reporting collection and recordkeeping activities G&T and each member and by RUS. burden for this collection of information (see 5 CFR 1320.8(d)). This notice Estimate of Burden: Public reporting is estimated to average 7.8 hours per identifies an information collection that burden for this collection of information response. RUS is submitting to OMB for is estimated to average 6 hours per Respondents: Business or other for extension. response. profit; Not-for-profit institutions; State, Comments are invited on: (a) Whether Respondents: Small business or other Local or Tribal government. the proposed collection of information for-profit; not-for-profit organizations. is necessary for the proper performance Estimated Number of Respondents: Estimated Number of Respondents: 15. of the functions of the Agency, including whether the information will 102. Estimated Number of Responses per have practical utility; (b) the accuracy of Estimated Number of Responses per Respondent: 7.3. the Agency’s estimate of the burden of Respondent: 1. Estimated Total Annual Burden on the proposed collection of information Estimated Total Annual Burden on Respondents: 858 hours. including the validity of the Respondents: 612 hours. Copies of this information collection methodology and assumptions used; (c) can be obtained from Gale Richardson, ways to enhance the quality, utility and Copies of this information collection Program Development and Regulatory clarity of the information to be can be obtained from MaryPat Daskal, Analysis, at (202) 720–0992. FAX: (202) collected; and (d) ways to minimize the Program Development and Regulatory 720–8435. E-mail: burden of the collection of information Analysis, at (202) 720–7853; FAX: (202) [email protected]. on those who are to respond, including 720–7853. All responses to this notice will be through the use of appropriate All responses to this notice will be summarized and included in the request automated, electronic, mechanical, or summarized and included in the request for OMB approval. All comments will other technological collection for OMB approval. All comments will also become a matter of public record. techniques or other forms of information also become a matter of public record. technology. Comments may be sent to: Dated: September 11, 2009. Dated: September 11, 2009. Richard C. Annan, Acting Director, Jonathan Adelstein, Program Development and Regulatory Jonathan Adelstein, Administrator, Rural Utilities Service. Analysis, Rural Utilities Service, U.S. Administrator, Rural Utilities Service. [FR Doc. E9–22446 Filed 9–17–09; 8:45 am] Department of Agriculture, Room 5170, [FR Doc. E9–22449 Filed 9–17–09; 8:45 am] BILLING CODE 3410–15–P STOP 1522, 1400 Independence Ave., BILLING CODE 3410–15–P

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47915

DEPARTMENT OF AGRICULTURE respective operations and on associated intellectual property, financing, and commercial opportunities. related commercial opportunities. Forest Service DATES: September 22, 2009. Cheryl McQueen, Eastern Washington Cascades ADDRESSES: To participate in the Acting Director, Office of Energy and Provincial Advisory Committee and the Webinar, please contact Frank Caliva, Environmental Industries, U.S. Department Yakima Provincial Advisory Committee Office of Energy & Environmental of Commerce. Industries, International Trade [FR Doc. E9–22586 Filed 9–17–09; 8:45 am] AGENCY : Forest Service, USDA. Administration, U.S. Department of BILLING CODE 3510–DR–P ACTION: Notice of Meeting. Commerce, 1401 Constitution Ave., NW., Room 4053, Washington, DC SUMMARY: The Eastern Washington 20230; 202–482–8245; DEPARTMENT OF COMMERCE Cascades Provincial Advisory [email protected]. Committee and the Yakima Provincial Bureau of Industry and Security Advisory Committee will meet on SUPPLEMENTARY INFORMATION: Action Affecting Export Privileges; October 7, 2009 at the Okanogan- Participation Wenatchee National Forest Mahan Airways Any private sector participant may Headquarters Office, 215 Melody Lane, In the matter of: Mahan Airways, Mahan Wenatchee, WA. During this meeting register to attend; the number of call-in Tower, No. 21, Azadegan St., M.A. Jenah information will be shared about the lines is limited and available on a first- Exp. Way, Tehran, Iran; Respondent. Forest’s Travel Management plan and come, first-serve basis. Please contact process, the Forest Plan update, and Frank Caliva, Office of Energy & Order Renewing Order Temporarily Cabin Users Fee Fairness Act. All Environmental Industries, International Denying Export Privileges Eastern Washington Cascades and Trade Administration, U.S. Department Pursuant to Section 766.24 of the Yakima Province Advisory Committee of Commerce, at 202–482–8245 or Export Administration Regulations, 15 meetings are open to the public. [email protected] to register CFR Parts 730–774 (2009) (‘‘EAR’’ or the FOR FURTHER INFORMATION CONTACT: and receive call-in and log-on ‘‘Regulations’’), I hereby grant the Direct questions regarding this meeting instruction. request of the Bureau of Industry and to Becki Heath, Designated Federal The United Nations Framework Security (‘‘BIS’’) to renew for 180 days Official, USDA, Okanogan-Wenatchee Convention on Climate Change—The the Order Temporarily Denying the National Forest, 215 Melody Lane, UNFCCC was signed in 1992 in Rio de Export Privileges of Respondent Mahan Wenatchee, Washington 98801, 509– Janeiro, Brazil, and entered into force on Airways (the ‘‘TDO’’), as I find that 664–9200. March 21, 1994. Currently, 193 states renewal of the TDO is necessary in the have ratified the Convention, including public interest to prevent an imminent Dated: September 14, 2009. the United States. The treaty requires violation of the EAR. Rebecca Lockett Heath, national inventories of greenhouse gas I. Procedural History Designated Federal Official, Okanogan- emissions from developed countries, Wenatchee National Forest. and encourages national action to stem On March 17, 2008, the Assistant [FR Doc. E9–22548 Filed 9–17–09; 8:45 am] greenhouse gas emissions and slow Secretary of Commerce for Export BILLING CODE 3410–11–P climate change. Developed nations also Enforcement (‘‘Assistant Secretary’’) pledge to share technology and signed an Order Temporarily Denying resources with developing nations. the Export Privileges of Mahan Airways, DEPARTMENT OF COMMERCE Kyoto Protocol to the United Nations as well as Balli Group PLC, Balli Framework Convention on Climate Aviation, Balli Holdings, Vahid Department of Commerce: National Change—The Kyoto Protocol was Alaghband, Hassan Alaghband, Blue Webinar for Industry on Climate adopted in December 1997, entered into Sky One Ltd., Blue Sky Two Ltd., Blue Change Negotiations Under the United force on February 16, 2005, and has Sky Three Ltd., Blue Sky Four Ltd., Blue Nations Framework Convention on been ratified by 188 countries and the Sky Five Ltd., Blue Sky Six Ltd, and Climate Change (UNFCCC) European Community. While the United Blue Airways, for 180 days on the grounds that its issuance was necessary AGENCY: International Trade States signed the document, the U.S. in the public interest to prevent an Administration, Department of Senate has never ratified the treaty. The imminent violation of the Regulations Commerce. Kyoto Protocol sets binding emissions (‘‘TDO’’). The TDO was issued ex parte ACTION: Notice of meeting. targets for 37 industrialized countries, includes mechanisms for measuring and pursuant to Section 766.24(a), and went SUMMARY: The U.S. Department of reporting emissions, and provides for into effect on March 21, 2008, the date Commerce (DOC) will host a Webinar financing and technology assistance to it was published in the Federal (online presentations and audio developing countries. The commitment Register. On July 18, 2008, the Assistant conference) for industry participants on period specified in the Protocol will Secretary issued an Order adding Blue September 22, 2009. Participants will expire at the end of 2012. Airways FZE and Blue Airways, both of learn from U.S. government officials Current UNFCCC Negotiations— Dubai, United Arab Emirates, as Related about the status of current negotiations Negotiations under the UNFCCC are Persons to the TDO in accordance with 1 and hear about key issues for U.S. underway to formulate a successor Section 766.23 of the Regulations. On industry, as well as potential agreement to the Kyoto Protocol. The September 17, 2008, the TDO was commercial opportunities. The Webinar discussions have the goal of concluding renewed for an additional 180 days in will also allow private sector an agreement in Copenhagen this accordance with Section 766.24 of the stakeholders, particularly industry and December. Potential impacts on U.S. 1 The Related Persons Order was issued in trade associations, to advise U.S. industrial competitiveness will be accordance with Section 766.23 of the Regulations, officials on the impact a new UNFCCC discussed during the upcoming webinar 15 CFR 766.23, and was published in the Federal agreement could have on their including technology transfer, Register on July 24, 2008.

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47916 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

Regulations via an order effective upon Airways to continue to disregard U.S. reviewed the entire record, including issuance.2 On March 16, 2009, the TDO export controls and the TDO. The initial OEE’s current and prior submissions was renewed for an additional 180 days TDO was issued as a result of evidence and related evidence. I find that via an order that also was effective upon that showed that the Mahan Airways violations of the Regulations have issuance.3 along with other parties engaged in occurred and continue to occur On August 20, 2009, BIS, through its conduct prohibited by the EAR by involving the unlicensed re-export of Office of Export Enforcement (‘‘OEE’’), knowingly re-exporting to Iran three three U.S.-origin 747s presently filed a written request for renewal of the U.S.-origin aircraft, specifically Boeing possessed by Mahan Airways. TDO against Mahan Airways for an 747s (‘‘Aircraft 1–3’’), items subject to Moreover, the aircraft are currently additional 180 days, and served a copy the EAR and classified under Export located in Iran and are registered and/ of its request on the Respondent in Control Classification Number or operated by Mahan Airways in accordance with Section 766.5 of the (‘‘ECCN’’) 9A991.b, without the required violation of the Regulations and the Regulations. No opposition to renewal U.S. Government authorization. Further TDO. The likelihood of future violations of the TDO has been received from evidence submitted by BIS indicated by Mahan Airways is further heightened Mahan Airways. BIS did not seek that Mahan Airways was involved in the by its acquisition of the U.S.-origin MD– renewal of the TDO as to Balli Group attempted re-export of three additional 82 aircraft in clear violation of the TDO. PLC, Balli Aviation, Balli Holdings, U.S.-origin Boeing 747s to Iran. I find that the evidence presented by Vahid Alaghband, Hassan Alaghband, As more fully discussed in the BIS convincingly demonstrates that Blue Sky One Ltd., Blue Sky Two Ltd., September 17, 2008 TDO Renewal Mahan Airways has continued to violate Blue Sky Three Ltd., and Blue Airways Order, evidence presented by BIS the EAR and the TDO and that such of Armenia. OEE also did not seek indicated that Aircraft 1–3 continued to knowing violations have been renewal as to the Related Persons Blue be flown on Mahan Airways’ routes significant, deliberate and covert, and Airways and Blue Airways FZE of after issuance of the TDO, in violation that there is a likelihood of future Dubai, United Arab Emirates. of the Regulations and the TDO itself.4 violations. As such, a TDO is needed to It also showed that Aircraft 1–3 had give notice to persons and companies in II. Discussion been flown in further violation of the the United States and abroad that they A. Legal Standard Regulations and the TDO on the routes should continue to cease dealing with Mahan Airways in export transactions Pursuant to section 766.24(d)(3) of the of Iran Air, an Iranian Government airline. In addition, as more fully involving items subject to the EAR. EAR, the sole issue to be considered in Such a TDO is consistent with the determining whether to continue a TDO discussed in the March 16, 2009 Renewal Order, in October 2008, Mahan public interest to prevent violations of is whether the TDO should be renewed the EAR. to prevent an ‘‘imminent’’ violation of Airways caused Aircraft 1–3 to be deregistered from the Armenian civil Accordingly, I find pursuant to the EAR as defined in Section 766.24. Section 766.24, that renewal of the TDO ‘‘A violation may be ‘imminent’ either aircraft registry and subsequently registered the aircraft in Iran. The for 180 days against Mahan Airways is in time or in degree of likelihood.’’ 15 necessary in the public interest to CFR 766.24(b)(3). BIS may show ‘‘either aircraft were relocated to Iran and have been issued Iranian tail numbers, prevent an imminent violation of the that a violation is about to occur, or that EAR. the general circumstances of the matter including EP–MNA and EP–MNB, and under investigation or case under continue to be operated on Mahan III. Order Airways’ flights in violation of the criminal or administrative charges It is therefore ordered: First, that the demonstrate a likelihood of future Regulations and the TDO. OEE seeks renewal of the TDO against Respondent, MAHAN AIRWAYS, violations.’’ Id. As to the likelihood of Mahan Airways based on its Mahan Tower, No. 21, Azadegan St., future violations, BIS may show that participation in the violations discussed M.A. Jenah Exp.Way, Tehran, Iran (the ‘‘the violation under investigation or in the initial and renewed TDOs, as well ‘‘Denied Person’’) may not, directly or charges is significant, deliberate, covert as additional evidence of unlawful indirectly, participate in any way in any and/or likely to occur again, rather than actions obtained by OEE since it last transaction involving any commodity, technical and negligent [.]’’ Id. A ‘‘lack requested renewal of the TDO on software or technology (hereinafter of information establishing the precise February 24, 2009. In addition to the collectively referred to as ‘‘item’’) time a violation may occur does not Boeing 747’s discussed above, OEE has exported or to be exported from the preclude a finding that a violation is presented evidence as part of its current United States that is subject to the imminent, so long as there is sufficient renewal request indicating that in early Export Administration Regulations reason to believe the likelihood of a 2009, while subject to the TDO, Mahan (‘‘EAR’’), or in any other activity subject violation.’’ Id. Airways acquired an additional U.S.- to the EAR including, but not limited to: A. Applying for, obtaining, or using B. The TDO and BIS’s Request for origin aircraft in violation of the any license, License Exception, or Renewal Regulations and the TDO itself. The export control document; OEE’s request for renewal of the TDO additional aircraft is an MD–82 aircraft B. Carrying on negotiations is based upon the facts underlying the painted in Mahan Airways livery and concerning, or ordering, buying, issuance of the initial TDO, as well as currently flying under tail number TC– receiving, using, selling, delivering, evidence developed over the course of TUA. storing, disposing of, forwarding, this investigation indicating a clear C. Findings transporting, financing, or otherwise willingness on the part of Mahan In determining whether to renew the servicing in any way, any transaction TDO in order to prevent imminent involving any item exported or to be 2 The September 17, 2008 Renewal Order was violation of the Regulations, I have exported from the United States that is published in the Federal Register on October 1, subject to the EAR, or in any other 2008. 3 The March 16, 2009 Renewal order was 4 Engaging in conduct prohibited by a denial activity subject to the EAR; or published in the Federal Register on March 25, order violates the Regulations. 15 CFR 764.2(a) and C. Benefiting in any way from any 2009. (k). transaction involving any item exported

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47917

or to be exported from the United States In accordance with the provisions of I. Abstract that is subject to the EAR, or in any Section 766.24(d) of the EAR, BIS may The Census Bureau conducts the other activity subject to the EAR. seek renewal of this Order by filing a SIPP, which is a household-based Second, that no person may, directly written request not later than 20 days survey designed as a continuous series or indirectly, do any of the following: before the expiration date. The of national panels. New panels are A. Export or reexport to or on behalf Respondent may oppose a request to introduced every few years with each of the Denied Person any item subject to renew this Order by filing a written panel usually having durations of one to the EAR; submission with the Assistant Secretary four years. Respondents are interviewed B. Take any action that facilitates the of Commerce for Export Enforcement, at 4-month intervals or ‘‘waves’’ over acquisition or attempted acquisition by which must be received not later than the life of the panel. The survey is the Denied Person of the ownership, seven days before the expiration date of molded around a central ‘‘core’’ of labor possession, or control of any item the Order. force and income questions that remain subject to the EAR that has been or will A copy of this Order shall be served fixed throughout the life of the panel. be exported from the United States, on the Respondent and shall be The core is supplemented with including financing or other support published in the Federal Register. questions designed to address specific activities related to a transaction This Order is effective immediately needs, such as obtaining information on whereby the Denied Person acquires or and shall remain in effect for 180 days. household members participation in attempts to acquire such ownership, Entered this 11th day of September 2009. government programs as well as prior possession or control; Kevin Delli-Colli, labor force patterns of household C. Take any action to acquire from or members. These supplemental questions to facilitate the acquisition or attempted Acting Assistant Secretary of Commerce for Export Enforcement. are included with the core and are acquisition from the Denied Person of [FR Doc. E9–22547 Filed 9–17–09; 8:45 am] referred to as ‘‘topical modules.’’ any item subject to the EAR that has The SIPP represents a source of BILLING CODE 3510–D2–P been exported from the United States; information for a wide variety of topics D. Obtain from the Denied Person in and allows information for separate the United States any item subject to the DEPARTMENT OF COMMERCE topics to be integrated to form a single, EAR with knowledge or reason to know unified database so that the interaction that the item will be, or is intended to Census Bureau between tax, transfer, and other be, exported from the United States; or government and private policies can be E. Engage in any transaction to service Proposed Information Collection; examined. Government domestic-policy any item subject to the EAR that has Comment Request; Survey of Income formulators depend heavily upon the been or will be exported from the and Program Participation (SIPP) Wave SIPP information concerning the United States and which is owned, 6 of the 2008 Panel distribution of income received directly possessed or controlled by the Denied as money or indirectly as in-kind AGENCY: U.S. Census Bureau, Person, or service any item, of whatever benefits and the effect of tax and Commerce. origin, that is owned, possessed or transfer programs on this distribution. controlled by the Denied Person if such ACTION: Notice. They also need improved and expanded service involves the use of any item data on the income and general SUMMARY: subject to the EAR that has been or will The Department of economic and financial situation of the be exported from the United States. For Commerce, as part of its continuing U.S. population. The SIPP has provided purposes of this paragraph, servicing effort to reduce paperwork and these kinds of data on a continuing basis means installation, maintenance, repair, respondent burden, invites the general since 1983 permitting levels of modification or testing. public and other Federal agencies to economic well-being and changes in Third, that, after notice and take this opportunity to comment on these levels to be measured over time. opportunity for comment as provided in proposed and/or continuing information The 2008 panel is currently scheduled section 766.23 of the EAR, any other collections, as required by the for 4 years and will include 13 waves person, firm, corporation, or business Paperwork Reduction Act of 1995, of interviewing beginning September organization related to the Denied Public Law 104–13 (44 U.S.C. 2008. Approximately 65,300 households Person by affiliation, ownership, 3506(c)(2)(A)). were selected for the 2008 panel, of control, or position of responsibility in DATES: To ensure consideration, written which 42,032 households were the conduct of trade or related services comments must be submitted on or interviewed. We estimate that each may also be made subject to the before November 17, 2009. household contains 2.1 people, yielding provisions of this Order. ADDRESSES: Direct all written comments 88,267 person-level interviews in Wave Fourth, that this Order does not to Diana Hynek, Departmental 1 and subsequent waves. Interviews take prohibit any export, reexport, or other Paperwork Clearance Officer, 30 minutes on average. Three waves transaction subject to the EAR where the Department of Commerce, Room 7845, will occur in the 2008 SIPP Panel only items involved that are subject to 14th and Constitution Avenue, NW., during FY 2010. The total annual the EAR are the foreign-produced direct Washington, DC 20230 (or via the burden for 2008 Panel SIPP interviews product of U.S.-origin technology. Internet at [email protected]). would be 132,400 hours in FY 2010. In accordance with the provisions of The topical modules for the 2008 Section 766.24(e) of the EAR, the FOR FURTHER INFORMATION CONTACT: Panel Wave 6 collect information about: Respondent may, at any time, appeal Requests for additional information or • Adult Well-Being. this Order by filing a full written copies of the information collection • Employer Provided Health Benefits. statement in support of the appeal with instrument(s) and instructions should • Functional Limitations and the Office of the Administrative Law be directed to Patrick J. Benton, Census Disability (Adults and Children). Judge, U.S. Coast Guard ALJ Docketing Bureau, Room HQ–6H045, Washington, • Support for Non-Household Center, 40 South Gay Street, Baltimore, DC 20233–8400, (301) 763–4618. Members. Maryland 21202–4022. SUPPLEMENTARY INFORMATION: • Child Support Agreements.

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47918 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

Wave 6 interviews will be conducted or other forms of information to [email protected]. from May 1, 2010 through August 31, technology. Please include the File No. in the 2010. Comments submitted in response to subject line of the email comment. A 10-minute reinterview of 3,100 this notice will be summarized and/or Those individuals requesting a public people is conducted at each wave to included in the request for OMB hearing should submit a written request ensure accuracy of responses. approval of this information collection; to the Chief, Permits, Conservation and Reinterviews require an additional they also will become a matter of public Education Division at the address listed 1,553 burden hours in FY 2010. record. above. The request should set forth the II. Method of Collection Dated: September 15, 2009. specific reasons why a hearing on this The SIPP is designed as a continuing Glenna Mickelson, application would be appropriate. Management Analyst, Office of the Chief series of national panels of interviewed FOR FURTHER INFORMATION CONTACT: households that are introduced every Information Officer. [FR Doc. E9–22482 Filed 9–17–09; 8:45 am] Tammy Adams or Kate Swails, few years with each panel having (301)713–2289. durations of 1 to 4 years. All household BILLING CODE 3510–07–P members 15 years old or over are SUPPLEMENTARY INFORMATION: On interviewed using regular proxy- September 8, 2008, notice was DEPARTMENT OF COMMERCE respondent rules. During the 2008 published (73 FR 52027) of a request for panel, respondents are interviewed a National Oceanic and Atmospheric a permit under the authority of the total of 13 times (13 waves) at 4-month Administration Marine Mammal Protection Act of 1972, intervals making the SIPP a longitudinal as amended (MMPA; 16 U.S.C. 1361 et survey. Sample people (all household RIN 0648–XK26 seq.), and the regulations governing the members present at the time of the first taking and importing of marine Marine Mammals; File No. 13430 interview) who move within the country mammals (50 CFR part 216). and reasonably close to a SIPP primary AGENCY: National Marine Fisheries The applicant has amended the sampling unit will be followed and Service (NMFS), National Oceanic and application to request the permit interviewed at their new address. Atmospheric Administration (NOAA), include annual harassment of up to 250 Individuals 15 years old or over who Commerce. threatened Eastern Distinct Population enter the household after Wave 1 will be ACTION: Notice; receipt of amended Segment Steller sea lions (Eumetopias interviewed; however, if these application. jubatus) and 100 Southern Resident individuals move, they are not followed killer whales (Orcinus orca) incidental unless they happen to move along with SUMMARY: Notice is hereby given that a Wave 1 sample individual. the NMFS National Marine Mammal to aerial surveys and underwater Laboratory, (Responsible Party: Dr. John playback experiments, respectively. III. Data Bengtson, Director), Seattle, WA, has The amended application still OMB Control Number: 0607–0944. submitted a revised application for a proposes conduct of research on Pacific Form Number: SIPP/CAPI Automated permit to conduct research on marine harbor seals (Phoca vitulina), California Instrument. mammals. sea lions (Zalophus californianus), and Type of Review: Regular submission. northern elephant seals (Mirounga Affected Public: Individuals or DATES: Written, telefaxed, or e-mail comments must be received on or before angustirostris) within coastal waters and Households. on pinniped rookeries and haul outs of Estimated Number of Respondents: October 19, 2009. Washington and Oregon. Please refer to 88,267 people per wave. ADDRESSES: The application and related the table in the amended application for Estimated Time per Response: 30 documents are available for review by minutes per person on average. selecting ‘‘Records Open for Public the numbers of animals proposed for Estimated Total Annual Burden Comment’’ from the Features box on the taking, and the locations and manner of Hours: 133,953. Applications and Permits for Protected such taking. Estimated Total Annual Cost: The Species (APPS) home page, https:// In compliance with the National only cost to respondents is their time. apps.nmfs.noaa.gov, and then selecting Environmental Policy Act of 1969 (42 Respondent’s Obligation: Voluntary. File No. 13430 from the list of available U.S.C. 4321 et seq.), a draft Legal Authority: Title 13, United applications. environmental assessment (EA) has States Code, Section 182. These documents are also available been prepared to examine whether upon written request or by appointment IV. Request for Comments significant environmental impacts could in the following office(s): result from issuance of the proposed Comments are invited on: (a) Whether Permits, Conservation and Education scientific research permit. Based on the the proposed collection of information Division, Office of Protected Resources, analyses in the EA, it is NMFS initial is necessary for the proper performance NMFS, 1315 East-West Highway, Room determination that issuance of the of the functions of the agency, including 13705, Silver Spring, MD 20910; phone permit would not significantly impact whether the information shall have (301)713–2289; fax (301)713–0376; and the quality of the human environment practical utility; (b) the accuracy of the Northwest Region, NMFS, 7600 Sand and that preparation of an agency’s estimate of the burden Point Way NE, BIN C15700, Bldg. 1, environmental impact statement is not (including hours and cost) of the Seattle, WA 98115–0700; phone required. proposed collection of information; (c) (206)526–6150; fax (206)526–6426. ways to enhance the quality, utility, and Written comments on this application Concurrent with the publication of clarity of the information to be should be submitted to the Chief, this notice in the Federal Register, collected; and (d) ways to minimize the Permits, Conservation and Education NMFS is forwarding copies of the burden of the collection of information Division, at the address listed above. application to the Marine Mammal on respondents, including through the Comments may also be submitted by Commission and its Committee of use of automated collection techniques facsimile to (301)713–0376, or by email Scientific Advisors.

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47919

Dated: September 14, 2009. publication of the preliminary results review of the antidumping duty order P. Michael Payne, (i.e., October 7, 2009). on wooden bedroom furniture from the Chief, Permits, Conservation and Education Extension of Time Limits for Final People’s Republic of China. See Division, Office of Protected Resources, Results Initiation of Antidumping Duty National Marine Fisheries Service. Administrative Review, 74 FR 8776 [FR Doc. E9–22500 Filed 9–17–09; 8:45 am] The Department has determined that (February 26, 2009). The period of BILLING CODE 3510–22–S completion of the final results of this review is January 1, 2008, through review within the original time period December 31, 2008. The preliminary is not practicable because the results of the administrative review are DEPARTMENT OF COMMERCE Department conducted verification late currently due no later than October 5, in the proceeding, from July 27, 2009, 2009. International Trade Administration through July 31, 2009, and needs additional time to analyze information [A–580–839] Extension of Time Limit for Preliminary collected at verification in preparation Results Certain Polyester Staple Fiber from the for the final results. Thus, in accordance Republic of Korea: Extension of Time with section 751(a)(3)(A) of the Act, the Pursuant to section 751(a)(3)(A) of the Limit for the Final Results of the 2007– Department is extending the time period Tariff Act of 1930, as amended (the 2008 Antidumping Duty Administrative for issuing the final results of review by ‘‘Act’’), the Department shall make a Review an additional 60 days, until December 7, preliminary determination in an 2009.1 administrative review of an AGENCY: Import Administration, We are issuing and publishing this antidumping duty order within 245 International Trade Administration, notice in accordance with sections days after the last day of the anniversary Department of Commerce. 751(a)(3)(A) and 777(i)(1) of the Act. month of the date of publication of the EFFECTIVE DATE: September 18, 2009. Dated: September 11, 2009. order. However, if it is not practicable FOR FURTHER INFORMATION CONTACT: John M. Andersen, to complete the review within this time Shelly Atkinson or Brandon Farlander, Acting Deputy Assistant Secretary for period, section 751(a)(3)(A) of the Act AD/CVD Operations, Office 1, Import Antidumping and Countervailing Duty allows the Department to extend the Administration, International Trade Operations. time period to a maximum of 365 days. Administration, U.S. Department of [FR Doc. E9–22494Filed 9–17–09; 8:45 am] Completion of the preliminary results of Commerce, 14th Street and Constitution BILLING CODE 3510–DS–S this review within the 245-day period is Avenue, NW, Washington, DC 20230, not practicable because the Department telephone (202) 482–0116 and (202) needs additional time to analyze 482–0182, respectively. DEPARTMENT OF COMMERCE information pertaining to the SUPPLEMENTARY INFORMATION: respondents’ sales practices, factors of International Trade Administration Statutory Time Limits production, and corporate relationships, [A–570–890] to issue and review responses to Section 751(a)(3)(A) of the Tariff Act supplemental questionnaires, and then of 1930, as amended (‘‘the Act’’), Wooden Bedroom Furniture from the verify the submitted information. People’s Republic of China: Extension requires the Department of Commerce Therefore, in accordance with section of the Time Limit for the Preliminary (‘‘the Department’’) to issue the 751(a)(3)(A) of the Act, the Department Results of the Antidumping Duty preliminary results of an administrative is fully extending the time period for review within 245 days after the last day Administrative Review completing the preliminary results of of the anniversary month of an order for AGENCY: Import Administration, the instant administrative review until which a review is requested and the International Trade Administration, final results within 120 days after the February 1, 2010, the first business day Department of Commerce. date on which the preliminary results after the fully extended due date of are published. If it is not practicable to DATES: September 18, 2009. January 31, 2010. The final results complete the review within the time FOR FURTHER INFORMATION CONTACT: Jeff continue to be due 120 days after the period, section 751(a)(3)(A) of the Act Pedersen or David Edmiston, AD/CVD publication of the preliminary results. allows the Department to extend these Operations, Import Administration, This notice is published pursuant to deadlines to a maximum of 365 days International Trade Administration, sections 751(a) and 777(i) of the Act. and 180 days, respectively. U.S. Department of Commerce, 14th Dated: September 14, 2009. Street and Constitution Avenue, NW, Background Washington, DC 20230, telephone: (202) John M. Andersen, On June 9, 2009, the Department 482–2769 or (202) 482–0989, Acting Deputy Assistant Secretary for published the preliminary results of the respectively. Antidumping and Countervailing Duty 2007–2008 administrative review of the Operations. SUPPLEMENTARY INFORMATION: On antidumping duty order on certain [FR Doc. E9–22499 Filed 9–17–09; 8:45 am] February 26, 2009, the Department of polyester staple fiber from the Republic BILLING CODE 3510–DS–S Commerce (‘‘Department’’) published a of Korea. See Certain Polyester Staple notice of initiation of an administrative Fiber from the Republic of Korea: Preliminary Results of the 2007/2008 1 60 days from October 7, 2009, is December 6, Antidumping Duty Administrative 2009. However, Department practice dictates that Review, 74 FR 27281 (June 9, 2009). In where a deadline falls on a weekend, the our preliminary results, we stated that appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next we would issue our final results for the Business Day’’ Rule for Administrative antidumping duty administrative review Determination Deadlines Pursuant to the Tariff Act no later than 120 days after the date of of 1930, As Amended, 70 FR 24533 (May 10, 2005).

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47920 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

DEPARTMENT OF COMMERCE Harmonized Tariff Schedule of the We will publish a notice of United States (HTSUS) subheadings: preliminary results of the antidumping International Trade Administration 3926.90.45, 4016.93.10, 4016.93.50, duty changed-circumstances review in [A–427–801] 6909.19.50.10, 8431.20.00, the Federal Register as explained in 19 8431.39.00.10, 8482.10.10, 8482.10.50, CFR 351.221(b)(4) and 221(c)(3)(i). The Ball Bearings and Parts Thereof From 8482.80.00, 8482.91.00, 8482.99.05, notice will set forth the factual and legal France: Initiation of Antidumping Duty 8482.99.35, 8482.99.25.80, conclusions upon which our Changed-Circumstances Review 8482.99.65.95, 8483.20.40, 8483.20.80, preliminary results are based. Pursuant 8483.30.40, 8483.30.80, 8483.50.90, to 19 CFR 351.221(b)(4)(ii), interested AGENCY: Import Administration, 8483.90.20, 8483.90.30, 8483.90.70, parties will have an opportunity to International Trade Administration, 8708.50.50, 8708.60.50, 8708.60.80, comment on the preliminary results of Department of Commerce. 8708.93.30, 8708.93.60.00, 8708.99.06, review. We will issue our final results SUMMARY: In response to a request from 8708.99.31.00, 8708.99.40.00, of review no later than the regulatory SNR Roulements S.A., the Department 8708.99.49.60, 8708.99.58, deadline in accordance with 19 CFR of Commerce is initiating a changed- 8708.99.80.15, 8708.99.80.80, 351.216(e). During the course of this circumstances review of the 8803.10.00, 8803.20.00, 8803.30.00, antidumping duty changed- antidumping duty order on ball bearings 8803.90.30, 8803.90.90. circumstances review, we will not and parts thereof from France. As a result of changes to the HTSUS, change the cash-deposit requirements DATES: Effective Date: September 18, effective February 2, 2007, the subject for imports of the subject merchandise. 2009. merchandise is also classifiable under The cash-deposit rate will be altered, if the following additional HTSUS item FOR FURTHER INFORMATION CONTACT: warranted, pursuant only to the final numbers: 8708.30.50.90, 8708.40.75, Thomas Schauer or Richard Rimlinger, results of this changed-circumstances 8708.50.79.00, 8708.50.89.00, review. AD/CVD Operations, Office 5, Import 8708.50.91.50, 8708.50.99.00, Administration, International Trade This notice of initiation is in 8708.70.60.60, 8708.80.65.90, accordance with section 751(b)(1) of the Administration, U.S. Department of 8708.93.75.00, 8708.94.75, Commerce, 14th Street and Constitution Act, 19 CFR 351.216(b) and (d), and 19 8708.95.20.00, 8708.99.55.00, CFR 351.221(b)(1). Avenue, NW., Washington, DC 20230; 8708.99.68, 8708.99.81.80. (202) 482–0410 or (202) 482–4477, Although the HTSUS item numbers Dated: September 14, 2009. respectively. above are provided for convenience and Carole A. Showers, SUPPLEMENTARY INFORMATION: customs purposes, the written Acting Deputy Assistant Secretary for Policy description of the scope of this order and Negotiations. Background remains dispositive. [FR Doc. E9–22497 Filed 9–17–09; 8:45 am] The Department of Commerce (the BILLING CODE 3510–DS–P Initiation of Changed-Circumstances Department) published an antidumping Review duty order on ball bearings and parts thereof from France on May 15, 1989. Pursuant to section 751(b)(1) of the DEPARTMENT OF COMMERCE See Antidumping Duty Orders: Ball Tariff Act of 1930 (the Act), as amended, Bearings, Cylindrical Roller Bearings, and 19 CFR 351.216, the Department Foreign–Trade Zones Board will conduct a changed-circumstances Spherical Plain Bearings, and Parts [Docket 37–2009] Thereof from France, 54 FR 20902 (May review upon receipt of information 15, 1989). concerning, or a request from an Foreign–Trade Zone 272 - Lehigh On August 21, 2009, SNR Roulements interested party for a review of, an Valley, Pennsylvania, Application for S.A. (SNR) requested that, because NTN antidumping duty order which shows Expansion Bearing Corporation of America (NBCA) changed circumstances sufficient to acquired a 51-percent interest in SNR, warrant a review of the order. SNR An application has been submitted to the Department initiate a changed- claims that it has satisfied the criteria to the Foreign–Trade Zones Board (the circumstances review to determine warrant such a review. We agree that the Board) by the Lehigh Valley Economic whether post-acquisition SNR is the information submitted by SNR Development Corporation, grantee of successor-in-interest to pre-acquisition demonstrates changed circumstances FTZ 272, requesting authority to expand SNR. sufficient to warrant a review. FTZ 272 to include an additional site in No other party has submitted Therefore, in accordance with the Bethlehem, Pennsylvania. The comments. above-referenced regulation, the application was submitted pursuant to Department is initiating a changed- the provisions of the Foreign–Trade Scope of the Order circumstances review. Zones Act, as amended (19 U.S.C. 81a– The products covered by the order are SNR claims that the information 81u), and the regulations of the Board ball bearings and parts thereof. These contained in its August 21, 2009, (15 CFR part 400). It was formally filed products include all antifriction request demonstrates that it is the on September 9, 2009. bearings that employ balls as the rolling successor-in-interest to SNR prior to FTZ 272 was approved on April 5, element. Imports of these products are acquisition by NBCA (i.e., pre- 2007 (Board Order 1502, 72 FR 18960, classified under the following acquisition SNR). Although SNR 4/16/07), and expanded on February 13, categories: Antifriction balls, ball requests that the Department refrain 2009 (Board Order 1605, 74 FR 8903, 2/ bearings with integral shafts, ball from issuing a changed-circumstances 27/09). The zone currently consists of bearings (including radial ball bearings) questionnaire, in accordance with 19 eight sites (1,927 acres total): Site 1 (727 and parts thereof, and housed or CFR 351.221(b)(2) and (4), the acres) -- Lehigh Valley Industrial Park mounted ball bearing units and parts Department may issue a questionnaire VII, 1805 East 4th Street, Bethlehem; thereof. requesting factual information for the Site 2 (96 acres) -- Arcadia East Imports of these products are review should it decide additional Industrial Park, intersection of Route classified under the following information is necessary. 512 and Silver Crest Road, East Allen

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47921

Township; Site 3 (83 acres) -- Arcadia Dated: September 9, 2009. SUPPLEMENTARY INFORMATION: West Industrial Park, intersection of I– Andrew McGilvray, Background 78 and Route 863, Weisenberg Executive Secretary. Township; Site 4 (226 acres) -- West [FR Doc. E9–22495 Filed 9–17–09; 8:45 am] On March 2, 2009, the Department of Commerce (the Department) published a Hills Business Center, intersection of I– BILLING CODE 3510–DS–S 78 and Route 863, Weisenberg notice of opportunity to request an Township; Site 5 (399 acres) -- Boulder administrative review of the Business Center, intersection of Boulder DEPARTMENT OF COMMERCE countervailing duty (CVD) order on Drive and Industrial Boulevard, welded carbon steel pipe and tube from Breinigsville (Upper Macungie Foreign–Trade Zones Board Turkey. See Antidumping or Countervailing Duty Order, Finding, or Township); Site 6 (183 acres) -- Lehigh [Docket 51–2008] Valley West Corporate Center, Suspended Investigation; Opportunity intersection of Nestle Way and Schantz Foreign–Trade Zone 82, Application for To Request Administrative Review, 74 Road, Breinigsville (Upper Macungie Subzone Authority, ThyssenKrupp FR 9077 (March 2, 2009). On April 27, Township); Site 7 (213 acres) -- within Steel and Stainless USA, LLC, 2009, the Department published the notice of initiation of the administrative the LogistiCenter, 4950 Hanoverville Extension of Comment Period review of the CVD order for the period Road, Bethlehem (Lower Nazareth January 1, 2008, through December 31, Township); and, Site 8 (163 acres) -- The comment period for the 2008, covering, among other Prologis 33 warehouse facility, 3819 and application for subzone status at the companies,1 the Yucel Boru Group, 3850 ProLogis Parkway, Northampton ThyssenKrupp Steel and Stainless USA, LLC (ThyssenKrupp) facility in Calvert, Cayirova Boru Sanayi ve Ticaret A.S., County. Alabama (73 FR 58535–58536, 10/7/08 Yucelboru Ihracat Ithalat ve Pazarlama The applicant is requesting authority ) is being extended to October 9, 2009 A.S., and Yucel Boru ve Profil to expand the zone to include an to allow interested parties additional Endustrisi A.S. (collectively, Yucel). See additional site in Bethlehem time in which to comment. Rebuttal Initiation of Antidumping and (Northampton County): Proposed Site 9 comments may be submitted during the Countervailing Duty Administrative (442 acres) -- Majestic Bethlehem Center subsequent 15-day period, until October Reviews and Request for Revocation in located at 3001 Commerce Center 26, 2009. Submissions shall be Part, 74 FR 19042, 19044 (April 27, Boulevard. The site will provide addressed to the Board’s Executive 2009). warehousing and distribution services Secretary at: Foreign–Trade Zones On June 15, 2009, Yucel notified the to area businesses. No specific Board, U.S. Department of Commerce, Department that it had no sales, manufacturing authority is being Room 2111, 1401 Constitution Ave. NW, shipments, or entries, directly or requested at this time. Such requests Washington, DC 20230. Submissions indirectly, of subject merchandise to the would be made to the Board on a case– can be emailed to the address provided United States during the period of by-case basis. below. review (POR). On August 5, 2009, we published the notice of preliminary In accordance with the Board’s For further information, contact Elizabeth Whiteman at rescission of this CVD duty regulations, Camille Evans of the FTZ administrative review with respect to Staff is designated examiner to evaluate [email protected] or (202) 482–0473. Yucel, and invited interested parties to and analyze the facts and information comment. See Welded Carbon Steel presented in the application and case Dated: September 9, 2009. Standard Pipe and Tube from Turkey: record and to report findings and Andrew McGilvray, Intent to Rescind Countervailing Duty recommendations to the Board. Executive Secretary. Administrative Review, in Part, 74 FR Public comment is invited from [FR Doc. E9–22496 Filed 9–17–09; 8:45 am] 39062 (August 5, 2009) (Preliminary interested parties. Submissions (original BILLING CODE 3510–DS–S Rescission). We received no comments, and 3 copies) shall be addressed to the and have determined that the review of Board’s Executive Secretary at the Yucel should be rescinded. This review address below. The closing period for DEPARTMENT OF COMMERCE will remain in effect for all other their receipt is November 17, 2009. companies for which the review was Rebuttal comments in response to International Trade Administration initiated. material submitted during the foregoing [C–489–502] Partial Rescission of Review period may be submitted during the subsequent 15-day period to December Welded Carbon Steel Standard Pipe Pursuant to 19 CFR 351.213(d)(3), the 2, 2009. and Tube from Turkey: Notice of Department may rescind an Rescission of Countervailing Duty administrative review, with respect to a A copy of the application will be Administrative Review, In Part particular exporter or producer, if the available for public inspection at the Secretary concludes that, during the Office of the Executive Secretary, AGENCY: Import Administration, period covered by the review, there Foreign–Trade Zones Board, Room International Trade Administration, were no entries, exports, or sales of the 2111, U.S. Department of Commerce, Department of Commerce. subject merchandise to the United 1401 Constitution Avenue, NW, EFFECTIVE DATE: September 18, 2009. States by that producer. Yucel Washington, DC 20230–0002, and in the FOR FURTHER INFORMATION CONTACT: submitted a letter on June 15, 2009, ‘‘Reading Room’’ section of the Board’s Christopher Hargett, AD/CVD certifying that it did not have sales of website, which is accessible via Operations, Office 3, Import subject merchandise to the United www.trade.gov/ftz. Administration, International Trade States during the POR. The Department For further information, contact Administration, U.S. Department of Camille Evans at Commerce, 14th Street and Constitution 1 The Borusan Group, Borusan Mannesmann Boru Sanayi ve Ticaret A.S., Borusan Istikbal Ticaret [email protected] or (202) Avenue, NW, Washington, DC 20230; T.A.S., Tosyali dis Ticaret A.S., and Toscelik Profil 482–2350. telephone: (202) 482–4161. ve Sac Endustrisi A.S.

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47922 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

received no comments from any other Ni–resist piston inserts from Argentina. petitioner.3 On September 9, 2009, we party on Yucel’s no–shipment claim. For information on the estimated received from the GOA a rebuttal brief We conducted an internal customs subsidy rate, see the ‘‘Suspension of to the petitioner’s case brief. We did not data query on June 16, 2009. We also Liquidation’’ section of this notice. hold a hearing in this investigation, as issued a ‘‘no shipments inquiry’’ EFFECTIVE DATE: September 18, 2009. one was not requested. message to U.S. Customs and Border Protection (CBP), which posted the FOR FURTHER INFORMATION CONTACT: Scope of Investigation message on June 19, 2009.2 The customs Kristen Johnson, AD/CVD Operations, The scope of this investigation data query indicated that Yucel had no Office 3, Import Administration, includes all Ni–resist piston inserts sales, shipments, or entries of subject International Trade Administration, regardless of size, thickness, weight, or merchandise to the United States during U.S. Department of Commerce, Room outside diameter. Ni–resist piston the POR. We did not receive any 4014, 14th Street and Constitution inserts may also be called other names information from CBP contrary to Avenue, NW, Washington, DC 20230; including, but not limited to, ‘‘Ring Yucel’s claim of no sales, shipments, or telephone: (202) 482–4793. Carriers,’’ or ‘‘Alfin Inserts.’’ Ni–resist entries of subject merchandise to the SUPPLEMENTARY INFORMATION: piston inserts are alloyed cast iron rings, United States during the POR. See with or without a sheet metal cooling Background Memorandum to the File through channel pressed and welded into the Melissa Skinner, Director, AD/CVD This investigation covers 22 interior of the insert. Ni–resist piston Operations, Office 3, titled ‘‘Customs programs. Clorindo Appo SRL inserts are composed of the material Data Query,’’ (July 7, 2009). (Clorindo) is the only producer/exporter known as Ni–resist, of the chemical Based on our analysis of the shipment of subject merchandise from Argentina composition: 13.5% - 17.5% Ni (nickel), data, we determine that Yucel did not under investigation. The petitioner is 5.5% - 8.0% Cu (copper), 0.8% - 2.5% ship subject merchandise to the United Korff Holdings, LLC d/b/a Quaker City Cr (chromium), 0.5% - 1.5% Mn States during the POR. Therefore, in Castings. (manganese), 1.0% - 3.0% Si (silicon), accordance with 19 CFR 351.213(d)(3), 2.4% - 3.0% C (carbon). The cast iron and consistent with our practice,3 we Period of Investigation composition is produced primarily to are rescinding the review for Yucel. We The period of investigation (the POI) the material specifications of the will continue this administrative review for which we are measuring subsidies is American Society for Testing and with respect to the Borusan Group, January 1, 2008, through December 31, Materials (ASTM), ASTM A–436 grade Borusan Mannesmann Boru Sanayi ve 2008, which corresponds to Argentina’s 1. Ticaret A.S., Borusan Istikbal Ticaret most recently completed fiscal year. See The scope of this investigation does T.A.S., Tosyali dis Ticaret A.S., and 19 CFR 351.204(b)(2). not include piston rings nor any other Toscelik Profil ve Sac Endustrisi A.S. product manufactured using the Ni– We are issuing and publishing these Case History resist material. The subject imports are results and notice in accordance with The following events have occurred properly classified under subheading sections 751(a)(1) and 777(i)(1) of the since the preliminary determination 8409.99.91.90 of the Harmonized Tariff Tariff Act of 1930, as amended, and 19 notice was published in the Federal Schedule of the United States (HTSUS), CFR 351.213(d)(4). Register on July 6, 2009. See Ni–Resist but have been imported under HTSUS Dated: September 14, 2009. Piston Inserts From Argentina: 7326.90. The HTSUS subheadings are provided for convenience and customs John M. Andersen, Preliminary Affirmative Countervailing Duty Determination, 74 FR 31914 (July purposes. The written description is Acting Deputy Assistant Secretary for dispositive of the scope of this Antidumping and Countervailing Duty 6, 2009) (Preliminary Determination). Operations. From July 23 through July 29, 2009, investigation. [FR Doc. E9–22498 Filed 9–17–09; 8:45 am] we conducted verification of the Injury Test BILLING CODE 3510–DS–S questionnaire responses submitted by Because Argentina is a ‘‘Subsidies the Government of Argentina (GOA), Agreement Country’’ within the including the provincial government of meaning of section 701(b) of the Act, the DEPARTMENT OF COMMERCE Santa Fe, and Clorindo. We issued the International Trade Commission (the verification reports on August 13, 2009.1 International Trade Administration ITC) is required to determine whether On August 25 and 27, 2009, we imports of the subject merchandise from [C–357–819] received a case brief from Clorindo and Argentina materially injure, or threaten the GOA, respectively.2 On August 31, material injury to, a U.S. industry. On Ni–Resist Piston Inserts from 2009, we received a rebuttal brief from March 25, 2009, the ITC published its Argentina: Final Affirmative Clorindo. On September 2, 2009, we preliminary determination finding that Countervailing Duty Determination received a case brief from the there is a reasonable indication that an AGENCY: Import Administration, industry in the United States is International Trade Administration, 1 The public version of the verification reports and all public documents for this investigation are 3 The petitioner submitted a case brief on August Department of Commerce. on file in the Central Records Unit, room 1117 in SUMMARY: 20, 2009; however, the case brief was rejected The Department of Commerce the main building of the Commerce Department. because it contained an untimely new subsidy (the Department) determines that 2 The GOA submitted a case brief on August 25, allegation and untimely new factual information. countervailable subsidies are being 2009; however, the case brief was rejected because See Letter to Geoffrey Korff of the Korff Law Firm provided to a producer and exporter of it contained untimely new factual information. See from Melissa G. Skinner, Director, Operations Letter to Roberto Salafia, Minister, Economic and Office 3 (August 25, 2009), which stated that Commercial Section, Embassy of Argentina from petitioner could resubmit the case brief, provided 2 See Message number 9170203, available at Melissa G. Skinner, Director, Operations Office 3, the untimely information was removed. On http://addcvd.cbp.gov. regarding Rejection of Case Brief with Untimely September 1, 2009, the Department granted to the 3 See, e.g., Certain Welded Carbon Steel Pipe and Filed Information (August 26, 2009), which stated petitioner an extension of time to resubmit the case Tube from Turkey: Notice of Rescission, in Part, of that the GOA could resubmit the case brief by brief. See Letter to Geoffrey Korff of the Korff Law Antidumping Duty Administrative Review, 74 FR August 28, 2009 provided the untimely information Firm from Melissa G. Skinner, Director, Operations 7394 (February 17, 2009). was removed. Office 3 (September 1, 2009).

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47923

materially injured by reason of imports ITC Notification Atmospheric Administration (NOAA), from Argentina of the subject In accordance with section 705(d) of Commerce. merchandise. See Ni–Resist Piston the Act, we will notify the ITC of our ACTION: Notice of a public meeting. Inserts from Argentina and Korea; determination. In addition, we are SUMMARY: The New England Fishery Determinations, Investigation Nos. 701– making available to the ITC all non– Management Council’s (Council) TA–460–461 (Preliminary), 74 FR 12898 privileged and non–proprietary Herring Oversight Committee along with (March 25, 2009). information related to this investigation. the Atlantic States Marine Fisheries We will allow the ITC access to all Analysis of Comments Received Commission’s Herring Section will meet privileged and business proprietary to consider actions affecting New All issues raised in the case and information in our files, provided the England fisheries in the exclusive rebuttal briefs by parties to this ITC confirms that it will not disclose economic zone (EEZ). investigation are addressed in the such information, either publicly or Decision Memorandum dated under an administrative protective order DATES: The meeting will be held on concurrently with, and which is hereby (APO), without the written consent of Tuesday, October 6, 2009 at 9:30 a.m. adopted by this notice. Attached to this the Assistant Secretary for Import ADDRESSES: The meeting will be held at notice as an Appendix is a list of the Administration. the Eastland Park Hotel, 157 High issues that parties raised and to which Street, Portland, ME 04101; telephone: we have responded in the Decision Return or Destruction of Proprietary (207) 775–5411; fax: (207) 775–1066. Memorandum. Parties can find a Information Council address: New England complete discussion of all issues raised In the event that the ITC issues a final Fishery Management Council, 50 Water in this investigation and the negative injury determination, this Street, Mill 2, Newburyport, MA 01950. corresponding recommendations in this notice will serve as the only reminder FOR FURTHER INFORMATION CONTACT: Paul public memorandum, which is on file in to parties subject to an APO of their J. Howard, Executive Director, New the Department’s Central Records Unit. responsibility concerning the England Fishery Management Council; In addition, a complete version of the destruction of proprietary information telephone: (978) 465–0492. Decision Memorandum can be accessed disclosed under APO in accordance SUPPLEMENTARY INFORMATION: The items directly on the Internet at http:// with 19 CFR 351.305(a)(3). Timely of discussion in the committee’s agenda ia.ita.doc.gov/frn/. The paper copy and written notification of the return/ are as follows: electronic version of the Decision destruction of APO materials or 1. Review/discuss Scientific and Memorandum are identical in content. conversion to judicial protective order is Statistical Committee (SSC) Suspension of Liquidation hereby requested. Failure to comply recommendations for acceptable with the regulations and terms of an biological catch (ABC) and ABC control In accordance with section APO is a violation which is subject to rule; 705(c)(1)(B)(i)(I) of the Tariff Act of sanction. 2. Discuss herring fishery 1930, as amended (the Act), we have This determination is published specifications for 2010–12 fishing years calculated an individual rate for pursuant to sections 705(d) and 777(i) of and develop preliminary Clorindo, the only company under the Act. recommendations for domestic annual investigation. We determine that the Dated: September 14, 2009. harvesting (DAH), domestic annual total estimated net countervailable Ronald K. Lorentzen, processing (DAP), joint venture subsidy rate is 6.81 percent ad valorem. processing (JVP), border transfer (BT), The All Others rate is 6.81 percent ad Acting Assistant Secretary for Import Administration. total allowable level of foreign fishing valorem, which is the rate calculated for (TALFF), optimum yield (OY), and Clorindo. Appendix Issues and Decision other related specifications; As a result of the Preliminary Memorandum 3. Discuss/address management Determination and pursuant to section List of Comments and Issues in the uncertainty and develop related 703(d) of the Act, we instructed the U.S. Decision Memorandum recommendations; develop options for Customs and Border Protection to 2010–12 annual catch limits (ACLs) for Comment 1: Tax Relief under the suspend liquidation of all entries of Ni– herring management areas to be Reintegro resist piston inserts from Argentina analyzed in the specifications package; which were entered or withdrawn from 4. Address other issues related to warehouse, for consumption on or after Comment 2:Stamp Tax Exemption Comment 4:Procedural Guarantees 2010–12 herring fishery specifications. July 6, 2009, the date of the publication Provided in the WTO SCM Agreement Although non-emergency issues not of the Preliminary Determination in the Comment 5:More Expansive POI contained in this agenda may come Federal Register. before this group for discussion, those [FR Doc. E9–22493 Filed 9–17–09; 8:45 am] We will issue a countervailing duty issues may not be the subject of formal order under section 706(a) of the Act if BILLING CODE 3510–DS–S action during this meeting. Action will the ITC issues a final affirmative injury be restricted to those issues specifically determination, and will require a cash DEPARTMENT OF COMMERCE identified in this notice and any issues deposit of estimated countervailing arising after publication of this notice duties for such entries of merchandise National Oceanic and Atmospheric that require emergency action under in the amounts indicated above. If the Administration section 305(c) of the Magnuson-Stevens ITC determines that material injury, or Fishery Conservation and Management threat of material injury, does not exist, RIN 0648–XR69 Act, provided the public has been this proceeding will be terminated and New England Fishery Management notified of the Council’s intent to take all estimated duties deposited or Council; Public Meeting final action to address the securities posted as a result of the emergency.Special Accommodations suspension of liquidation will be AGENCY: National Marine Fisheries This meeting is physically accessible refunded or canceled. Service (NMFS), National Oceanic and to people with disabilities. Requests for

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47924 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

sign language interpretation or other GMT may also address other Nancy M. Gordon auxiliary aids should be directed to Paul assignments relating to groundfish David Hackbarth J. Howard (see ADDRESSES) at least 5 management. No management actions Francis Grailand Hall days prior to the meeting date. will be decided by the GMT. The GMT’s Howard Hogan Enrique Lamas Authority: 16 U.S.C. 1801 et seq. role will be development of recommendations for consideration by J. Steven Landefeld Dated: September 15, 2009. the Council at its November meeting in Cheryl Landman Tracey L. Thompson, Costa Mesa, CA. Arnold A. Jackson Acting Director, Office of Sustainable Although non-emergency issues not Ron Jarmin Fisheries, National Marine Fisheries Service. contained in the meeting agenda may David Johnson [FR Doc. E9–22491 Filed 9–17–09; 8:45 am] come before the GMT for discussion, Theodore A. Johnson Ruth Ann Killion BILLING CODE 3510–22–S those issues may not be the subject of formal GMT action during this meeting. Cheryl Landman Dr. Jennifer Madans GMT action will be restricted to those Rosemary D. Marcuss DEPARTMENT OF COMMERCE issues specifically listed in this notice Marilia Matos and any issues arising after publication National Oceanic and Atmospheric Jeffrey Mayer of this notice that require emergency Administration Thomas L. Mesenbourg, Jr. action under Section 305(c) of the Jane W. Molloy RIN 0648–XR68 Magnuson-Stevens Fishery Brian Monaghan Conservation and Management Act, C. Harvey Monk Pacific Fishery Management Council; provided the public has been notified of Brent R. Moulton Public Meeting the GMT’s intent to take final action to Andrew Moxam address the emergency. AGENCY: National Marine Fisheries Brian C. Moyer Service (NMFS), National Oceanic and Special Accommodations Carol E. Moylan Joel D. Platt Atmospheric Administration (NOAA), This meeting is physically accessible Michael Palensky Commerce. to people with disabilities. Requests for Nancy Potok ACTION: Notice of a public meeting. sign language interpretation or other Susan Schechter Bortner auxiliary aids should be directed to Ms. James Tyler, Jr. SUMMARY: The Pacific Fishery Carolyn Porter at (503) 820–2280 at least Frank Vitrano Management Council’s (Council) 5 days prior to the meeting date. Mark Wallace Groundfish Management Team (GMT) Dated: September 15, 2009. Daniel Weinberg will hold a working meeting, which is Obie G. Whichard open to the public. Tracey L. Thompson, David Whitford DATES: The GMT meeting will be held Acting Director, Office of Sustainable James K. White Monday, October 5, 2009, from 1 p.m. Fisheries, National Marine Fisheries Service. Tommy Wright until business for the day is completed. [FR Doc. E9–22490 Filed 9–17–09; 8:45 am] Thomas Zabelsky The GMT meeting will reconvene BILLING CODE 3510–22–S FOR FURTHER INFORMATION CONTACT: Tuesday, October 6 through Friday, Latasha Ellis, 301–763–3727. October 9, from 8:30 a.m. until business Dated: September 9, 2009. for the day is completed. DEPARTMENT OF COMMERCE James K. White, ADDRESSES: The GMT meeting will be Performance Review Board Associate Under Secretary for Management held in Portland, OR at a location to be Membership Chair, Performance Review Board. determined. [FR Doc. E9–22549 Filed 9–17–09; 8:45 am] Council address: Pacific Fishery AGENCY: Economics and Statistics Management Council, 7700 NE Administration, Department of BILLING CODE 3510–BS–P Ambassador Place, Suite 101, Portland, Commerce. OR 97220–1384. ACTION: Performance Review Board DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: Mr. Membership. John DeVore, Groundfish Management Bureau of the Census SUMMARY: Below is a listing of Coordinator; telephone: (503) 820–2280. individuals who are eligible to serve on Request for Nominations of Member SUPPLEMENTARY INFORMATION: The the Performance Review Board in Organizations To Serve on the 2010 primary purpose of the GMT working accordance with the Economics and Census Advisory Committee meeting is to develop a range of 2011– Statistics Administration’s Senior 2011 annual catch limits for groundfish Executive Service and Senior AGENCY: Bureau of the Census, species from new stock assessments and Professional Performance Management Department of Commerce. rebuilding analyses, consider Systems: ACTION: Notice of request for recommendations for 2011–12 Shirin Ahmed nominations. management measures, consider Ana Aizcorbe recommendations for inseason Teresa Angueira SUMMARY: The Bureau of the Census adjustments to 2010 groundfish William Bell (Census Bureau) invites and requests fisheries, consider recommendations for Lisa Blumerman nominations of organizations for 2010 exempted fishing permits, and William G. Bostic, Jr. appointment to the 2010 Census consider draft Groundfish Fishery Brian Callahan Advisory Committee (2010 CAC). The Management Plan (FMP) Amendment Douglas Clift SUPPLEMENTARY INFORMATION section for 23 provisions and analyses in Carl E. Cox this notice provides information about contemplation for adding new National Dennis J. Fixler the objectives and duties of the advisory Standard 1 guidelines to the FMP. The Paul Friday committee and membership criteria.

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47925

DATES: Please submit nominations by Advisory Committees on Race and committee activities, overall advisory October 9, 2009. Ethnic Populations also serves as ex- committee needs for that organization’s ADDRESSES: Please submit nominations officio member. Ex-officio members expertise and specialized advice, and to Jeri Green, Chief, Census Advisory serve in a non-voting capacity. the status and schedule of decennial Committee Office, U.S. Census Bureau, 3. Committee members are selected in planning activities and implementation. Room 8H156, Suitland Federal Center, accordance with applicable Department 3. Nominations of organizations may 4700 Silver Hill Road, Washington, DC of Commerce guidelines. The come from individuals or organizations. 20233, telephone 301–763–6590. Committee’s composition should reflect Organizations also may self-nominate. A Nominations also may be submitted via a balance of viewpoints and summary of the organization’s fax (301–763–8609) or by e-mail to perspectives, considering such factors as qualifications and the experience that [email protected]. geography, diversity in the sectors qualifies it for membership should be represented (i.e., business and industry, included in the nomination letter. FOR FURTHER INFORMATION CONTACT: Jeri academia, consumers, etc.), and the Nominated organizations must be able Green, Chief, Census Advisory public-at-large. The size and the scope to actively participate in the tasks of the Committee Office, Census Bureau, Room of the member organizations also are Committee, including, but not limited to 8H156, Suitland Federal Center, 4700 considered. regular meeting attendance, review of Silver Hill Road, Washington, DC 4. Committee members should have materials, and participation in 20233, telephone 301–763–6590, or e- relevant backgrounds and experience to conference calls, working groups, and mail to [email protected]. significantly assist and/or contribute to special committee activities. SUPPLEMENTARY INFORMATION: The 2010 the overall functions, tasks, and 4. The Department of Commerce is CAC was established in accordance with missions of the decennial census. The committed to equal opportunity in the the Federal Advisory Committee Act members should bring diverse workplace and seeks diverse Committee (Title 5, United States Code (U.S.C.), perspectives and be able to provide membership. Appendix 2). The following provides advice on policy and technical issues Dated: September 10, 2009. information about the Committee, affecting the goals of ongoing decennial Robert M. Groves, membership, and nomination process: programs, surveys, and initiatives. Director, Bureau of the Census. Objectives and Duties 5. The Committee has the fewest number of members necessary to [FR Doc. E9–22448 Filed 9–17–09; 8:45 am] 1. The 2010 CAC considers the needs accomplish the objectives of the Charter. BILLING CODE 3510–07–P of the decennial census from the Committee membership will not perspective of outside data users and duplicate other organizations, interests, other organizations having a substantial or communities already represented on DEPARTMENT OF COMMERCE interest and expertise in the conduct existing census advisory committees or and outcome of the decennial. The National Oceanic and Atmospheric census consultation groups (i.e., Census Administration Committee will provide advice on how Information Centers or State Data best the Census Bureau can effectively Centers). RIN 0648–XQ80 and efficiently accomplish its decennial 6. Committee members report to the goals and objectives. Director of the Census Bureau. Taking and Importing Marine 2. The 2010 CAC addresses policy, Mammals; Taking Marine Mammals research, and technical issues related to Miscellaneous Incidental to the Port of Anchorage the design and implementation of the 1. Members of the Committee serve Marine Terminal Redevelopment 2010 decennial census, including the without compensation, but the Census Project American Community Survey. Bureau will, upon request, reimburse AGENCY: National Marine Fisheries 3. The Committee functions solely as travel expenses, as authorized by 5 Service, National Oceanic and an advisory body under the Federal U.S.C. 5701, et. seq., dealing with travel Atmospheric Administration, Advisory Committee Act. and subsistence expenses. Commerce. Membership 2. The Committee meets at least once a year. Meetings are one to two days in ACTION: Notice of issuance of a Letter of 1. The Secretary of Commerce duration. Authorization. appoints the member organizations and 3. Committee meetings are open to the SUMMARY: In accordance with the designates the Chair and Vice-Chair of public. the Committee. Marine Mammal Protection Act 2. The 2010 CAC consists of a Chair, Nomination Information (MMPA), as amended, and Vice-Chair, and a designated 1. The Census Bureau is seeking implementing regulations, notification representative from each member nominations to fill 10 seats on the 2010 is hereby given that a Letter of organization. The 2010 CAC is CAC to include organizations that are Authorization (LOA) has been issued to expanding from 20 to 30 member knowledgeable about issues related to the Port of Anchorage (POA) and the organizations. Member organizations the uses of the census data, general U.S. Department of Transportation represent data users, general governmental entities, data users, Maritime Administration (MAARD), to governmental entities, technology-based research and technology-based take four species of marine mammals organizations, and entities with organizations, businesses, children and incidental to the POA’s Marine expertise in the statutory and youth, privacy and/or organizations Terminal Redevelopment Project. constitutional uses of census data, serving historically undercounted DATES: Effective July 15, 2009, through including redistricting. Membership populations. July 14, 2010. includes ex-officio members 2. Member organizations shall serve a ADDRESSES: The LOA and supporting representing U.S. Senate and House of term of three years. Members may be documentation are available for review Representatives’ Committees with invited to serve a second subsequent by writing to P. Michael Payne, Chief, census oversight responsibilities. A term contingent upon the organization’s Permits, Conservation, and Education representative from the Census active participation in advisory Division, Office of Protected Resources,

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47926 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

National Marine Fisheries Service issued an LOA to the POA authorizing will cease and vessels will reduce to the (NMFS), 1315 East-West Highway, the incidental take of the four marine slowest speed practicable while still Silver Spring, MD 20910–3225 or by mammal species listed above that may maintaining control of the vessel and telephoning one of the contacts listed result from in-water pile driving and safe working conditions. below. Documents cited in this notice chipping associated with the MTRP. NMFS-approved marine mammal may be viewed, by appointment, during Analysis of effects on those marine observers (MMOs) will be stationed at regular business hours, at the mammals and their availability for the port during all in-water pile driving aforementioned address and at the subsistence uses can be found in the and chipping. In addition, the POA and Alaska Regional Office, 222 West 7th final rule cited above for this action. MARAD shall employ a scientific Avenue, Anchorage, AK 99513. Issuance of the LOA is based on a marine mammal monitoring team FOR FURTHER INFORMATION CONTACT: finding made in the preamble to the separate from the on-site MMOs to Jaclyn Daly, Office of Protected final rule that the total taking by these characterize beluga whale abundance, Resources, NMFS, (301) 713–2289. activities (with mitigation, monitoring, movements, behavior, and habitat use SUPPLEMENTARY INFORMATION: and reporting requirements) will have around the Port of Anchorage and no more than a negligible impact on the observe, analyze, and document Background affected species or stocks and will not potential changes in behavior in Section 101(a)(5)(A) of the MMPA (16 have an unmitigable adverse impact on response to in-water construction work. U.S.C. 1361 et seq.) directs the National their availability for taking for This monitoring team is not required to Marine Fisheries Service (NMFS) to subsistence uses. NMFS further finds be present during all in-water pile allow, upon request, the incidental, but the POA will satisfy the requirements in driving operations but will continue not intentional, taking of small numbers the regulations and LOA, as it has done monitoring one-year post in-water of marine mammals by U.S. citizens in a prior take authorization. construction. The on-site MMOs and who engage in a specified activity (other As stated in the regulations and LOA, this marine mammal monitoring team than commercial fishing) within a take of marine mammals will be shall remain in contact to alert each specified geographical region if certain minimized through implementation of other to marine mammal presence when findings are made and regulations are the following mitigation measures: (1) if both teams are working. issued. Under the MMPA, the term a marine mammal is detected within or The POA and MARAD shall submit ‘‘taking’’ means to harass, hunt, capture, approaching the Level A or impact and monthly reports, due the 10th of each or kill or to attempt to harass, hunt, vibratory pile driving Level B month, summarizing all in-water capture, or kill marine mammals. harassment isopleths (200 m, 350m and construction activities and marine Authorization may be granted for 1,300 m, respectively) prior to in-water mammal monitoring sighting sheets. In periods up to 5 years if NMFS finds, pile driving or chipping, those addition, an annual report shall be due after notification and opportunity for operations shall be immediately delayed sixty days before expiration of the LOA. public comment, that the taking will or suspended until the marine mammal This report shall summarize monthly have a negligible impact on the species moves outside these designated zones or reports and any apparent long or short or stock(s) of marine mammals and will the animal is not detected within 15 term impacts the MTRP may be having not have an unmitigable adverse impact minutes of the last sighting; (2) in-water on marine mammals. This LOA will be on the availability of the species or impact pile driving shall not occur renewed annually based on review of stock(s) for subsistence uses. In during the period from two hours before the annual monitoring report. addition, NMFS must prescribe low tide until two hours after low tide; Dated: September 10, 2009. regulations that include permissible (3) in-water piles will be driven with a James H. Lecky, methods of taking and other means vibratory hammer to the maximum Office of Protected Resources, National effecting the least practicable adverse extent possible (i.e., until a desired Marine Fisheries Service. impact on the species and its habitat depth is achieved or to refusal) prior to [FR Doc. E9–22501 Filed 9–17–09; 8:45 am] and on the availability of the species for using an impact hammer; (4) in-water BILLING CODE 3510–22–S subsistence uses, paying particular pile driving or chipping shall not occur attention to rookeries, mating grounds, when conditions restrict clear, visible and areas of similar significance. The detection of all waters within COMMITTEE FOR PURCHASE FROM regulations must include requirements harassment zones; (5) A ’’soft start’’ PEOPLE WHO ARE BLIND OR for monitoring and reporting of such technique shall be used at the beginning SEVERELY DISABLED taking. of each day’s in-water pile driving Regulations governing the taking of activities or if pile driving has ceased Procurement List Proposed Addition Cook Inlet beluga whales for more than one hour to allow any (Delphinapterus leucas), harbor marine mammal that may be in the AGENCY: Committee for Purchase From porpoises (Phocoena phocoena), killer immediate area to leave before piling People Who Are Blind or Severely whales (Orcinus orca), and harbor seals driving reaches full energy; (6) if a Disabled. (Phoca vitulina), by harassment, group of more than 5 beluga whales or ACTION: Proposed Addition to incidental to in-water pile driving were group with a calf is sighted within the Procurement List. issued on July 15, 2009 (74 FR 35136), Level B harassment isopleths, in-water and remain in effect until July 14, 2014. pile driving shall be suspended; and (7) SUMMARY: The Committee is proposing For detailed information on this action, for operated in-water heavy machinery to add to the Procurement List a service please refer to that document. These work other than pile driving or chipping to be provided by nonprofit agency regulations include mitigation, (i.e., dredging, dump scowles, linetug employing persons who are blind or monitoring, and reporting requirements boats used to move barges, barge have other severe disabilities. for the incidental take of marine mounted hydraulic excavators, or Comments Must Be Received on or mammals during the specified activity. clamshell equipment used to place or Before: 10/19/2009. Consistent with the regulations and remove material), if a marine mammal ADDRESSES: Committee for Purchase associated rule making, NMFS has comes within 50 m, those operations From People Who Are Blind or Severely

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47927

Disabled, Jefferson Plaza 2, Suite 10800, Pinchot National Forest, Vancouver, WA. Anna Compton, Baltimore District, U.S. 1421 Jefferson Davis Highway, Patricia Briscoe, Army Corps of Engineers, ATTN: Arlington, Virginia, 22202–3259. CENAB–PL–P, 10 S. Howard Street, Deputy Director, Business Operations, Pricing Baltimore, MD 21201. E-mail address: FOR FURTHER INFORMATION CONTACT: and Information Management. [email protected] and Patricia Briscoe Telephone: (703) 603– [FR Doc. E9–22447 Filed 9–17–09; 8:45 am] phone number: 410–962–4633. Please 7740, Fax: (703) 603–0655, or e-mail BILLING CODE 6353–01–P include your name and address in your [email protected]. message. SUPPLEMENTARY INFORMATION: This DEPARTMENT OF DEFENSE SUPPLEMENTARY INFORMATION: notice is published pursuant to 41 1. The Baltimore District previously U.S.C. 47(a) (2) and 41 CFR 51–2.3. Its Department of the Army; Corps of published a NOI (69 FR 68887) for the purpose is to provide interested persons Engineers Chesapeake Bay Native Oyster Recovery an opportunity to submit comments on study on November 26, 2004. That NOI the proposed action. Intent To Prepare a Programmatic indicated that the Baltimore District Environmental Impact Statement for would prepare a Draft EIS for native Addition the Chesapeake Bay Oyster Recovery oyster (Crassostrea virginica) recovery If the Committee approves the Project, Virginia & Maryland activities within Maryland waters of the Chesapeake Bay. A second NOI (71 FR proposed addition, the entities of the AGENCY: Department of the Army, U.S. Federal Government identified in this Army Corps of Engineers, DOD. 14857) was published for the Chesapeake Bay Native Oyster Recovery notice for the service will be required to ACTION: Notice of intent. furnish the service listed below from the study on March 24, 2006. That NOI nonprofit agency employing persons SUMMARY: The U.S. Army Corps of announced that the USACE Baltimore who are blind or have other severe Engineers (USACE), Baltimore (NAB) and Norfolk Districts would prepare a disabilities. and Norfolk (NAO) Districts published a single, integrated NORMP and PEIS for Notice of Intent (NOI) (71 FR 14857) for native oyster recovery in the entire Regulatory Flexibility Act Certification the Chesapeake Bay Native Oyster Chesapeake Bay. 2. To the fullest extent possible, the I certify that the following action will Recovery study on March 24, 2006. That PEIS will be integrated with analyses not have a significant impact on a NOI announced that the USACE and consultation required by the Fish substantial number of small entities. Baltimore and Norfolk Districts would and Wildlife Coordination Act of 1958, The major factors considered for this prepare a single, integrated Native as amended; the National Historic certification were: Oyster Restoration Master Plan (NORMP) and Programmatic Preservation Act of 1966, as amended; 1. If approved, the action will not Environmental Impact Statement (PEIS) the Coastal Zone Management Act of result in any additional reporting, for native oyster recovery in the entire 1972, as amended; the Endangered recordkeeping or other compliance Chesapeake Bay (including both Species Act of 1973, as amended; the requirements for small entities other Maryland and Virginia). The USACE is Marine Protection, Research and than the small organizations that will undertaking native oyster recovery in Sanctuaries Act of 1972, as amended; furnish the service to the Government. the Chesapeake Bay to support efforts to the Clean Water Act of 1977, as 2. If approved, the action will result reverse the ongoing decline in oyster amended; and other applicable laws and in authorizing small entities to furnish resources throughout the Bay. regulations. the service to the Government. The USACE is now announcing a 3. The NORMP/PEIS will be written major change in the timing of the in cooperation with the local sponsors, 3. There are no known regulatory NORMP and PEIS. The schedule for the the Maryland Department of Natural alternatives which would accomplish NORMP and PEIS was delayed so that Resources and Virginia Marine the objectives of the Javits-Wagner- the document could be tiered to the Resources Commission. O’Day Act (41 U.S.C. 46–48c) in ‘‘Programmatic EIS for Oyster 4. The NORMP/PEIS will incorporate connection with the service proposed Restoration in Chesapeake Bay science, policy, and experience from a for addition to the Procurement List. Including the Use of a Native and/or number of sources to develop a Comments on this certification are Nonnative Oyster’’ (PEIS ORCB). The comprehensive approach to oyster invited. Commenters should identify the preferred alternative identified in the restoration in Maryland and Virginia. statement(s) underlying the certification PEIS recommends ‘‘using a combination The purpose of the NORMP is to lay out on which they are providing additional of alternatives that involves only the a road map for a long-term, large-scale information. native Eastern oyster (Crassostrea restoration of native oysters in the entire End of Certification virginica).’’ Consistent with the Chesapeake Bay. All suitable locations preferred alternative, the USACE will and techniques available for native The following service is proposed for expand upon and further develop plans oyster restoration will be identified and addition to Procurement List for and recommendations for Chesapeake explored, and, if feasible, will be production by the nonprofit agencies Bay native oyster restoration in the included in the NORMP/PEIS. listed: NORMP and PEIS. 5. Previously performed oyster FOR FURTHER INFORMATION CONTACT: Service restoration activities by the Baltimore Questions and comments about the District include the: Creation of new Service Type/Location: Document NORMP and/or PEIS can be addressed oyster bars and rehabilitation of existing Management, Portland Habilitation to Mr. Craig Seltzer, Norfolk District non-productive bars; construction of Center, 5312 NE., 148th Avenue, Portland, OR. U.S. Army Corps of Engineers, ATTN: seed bars for production and collection NPA: Portland Habilitation Center, Inc., CENAO–PM–PA, 803 Front Street, of seed oysters or ‘‘spat’’; planting of Portland, OR. Norfolk, VA 23510. E-mail address: hatchery produced and seed bar spat on Contracting Activity: Department of [email protected] and new and rehabilitated bars; and Agriculture, Forest Service, Gifford phone number: 757–201–7390 or Ms. monitoring of implemented projects.

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47928 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

6. Previously performed oyster DEPARTMENT OF DEFENSE National Oceanic and Atmospheric restoration activities by the Norfolk Administration, Environmental District include: Construction of Department of the Army Protection Agency, U.S. Fish and permanent oyster reef sanctuaries; Wildlife Service, Department of Notice of Availability of a Journal seeding of reefs with disease resistant Agriculture, and Army. The duties of Bearing Analysis Suite Computer DEBYTM strain oysters; adaptive the Council include, among others, management and monitoring; and Modeling Code for Exclusive, Partially Exclusive, or Non-exclusive Licenses soliciting, reviewing, and evaluating managed spat-on-shell production areas estuarine habitat restoration project with oysters moved to other sites in the AGENCY: Department of the Army, DoD. proposals, and submitting to the Bay as part of a genetic rehabilitation ACTION: Notice of availability. Secretary of the Army a prioritized list stocking effort. This work is being of projects recommended for SUMMARY: The Department of the Army conducted under the authority provided construction funding. by Section 704(b) of the Water announces the general availability of Resources Development Act (WRDA) of exclusive, partially exclusive or non- Agenda items will include an 1986, as amended. exclusive licenses relative to Journal overview of the goals and requirements 7. Additional public scoping meetings Bearing Analysis Suite computer of the Act for the new Council members, will not be held for the NORMP and modeling code. See this link for a election of the Council chairperson, PEIS. This decision was driven description of the suite and its decisions on recommending habitat primarily by the fact that the lead capabilities: http://www.grc.nasa.gov/ restoration proposals to the Secretary of agencies conducted public scoping WWW/SurfSci/JournalBearings/main- the Army for funding, discussion of meetings in Maryland on the NORMP text.html. Any license shall comply revising the strategy published in 2002 and PEIS in 2005, prior to the decision with 35 U.S.C. 209 and 37 CFR 404. and a brief review of monitoring to prepare an integrated Maryland- FOR FURTHER INFORMATION CONTACT: requirements and the National Estuaries Virginia master plan. Also, during the Michael D. Rausa, U.S. Army Research Restoration Inventory. 60-day public comment period Laboratory, Office of Research and Security measures require that following the publication of the Draft Technology Applications, ATTN: persons interested in attending the AMSRD–ARL–DP–P/Bldg. 434, PEIS–ORCB (October 17–December 15, meeting must pre-register prior to 2 p.m. 2008), lead agencies coordinated a series Aberdeen Proving Ground, MD 21005– October 2, 2009. We cannot guarantee of public meetings to receive comments 5425, Telephone: (410) 278–5028. access for requests received after that on the document. This document SUPPLEMENTARY INFORMATION: None. time. To pre-register please contact included the alternative of expanding native oyster restoration, which Brenda S. Bowen, Ellen Cummings by telephone or send received much public input; therefore, Army Federal Register Liaison Officer. an e-mail to this input will adequately facilitate [FR Doc. E9–22552 Filed 9–17–09; 8:45 am] [email protected]. scoping for this phase of the National BILLING CODE 3710–08–P When leaving a voice mail message or Environmental Policy Act (NEPA) sending an e-mail please provide the document development and will satisfy name of the individual attending, the 40 CFR 1501.7. The USACE will DEPARTMENT OF DEFENSE company or agency represented, and a telephone number, in case there are any conduct public meetings during the Department of the Army; Corps of questions. Visitors to the building must Draft NORMP/PEIS 45-day coordination Engineers and public review process scheduled for enter on the ‘‘G’’ Street side of the GAO early 2011, and will include interested Estuary Habitat Restoration Council; building. All attendees are required to parties throughout the development of Open Meeting show photo identification and must be the PEIS through informational escorted to the meeting room by Corps meetings, Web site postings, and other AGENCY: Department of the Army, U.S. personnel. Attendee’s bags and other means. Army Corps of Engineers, DoD. possessions are subject to being 8. All interested federal, state, and ACTION: Notice of open meeting. searched. All attendees arriving between local agencies, interested private and SUMMARY: In accordance with section one-half hour before and one-half hour public organizations, affected Indian 105(h) of the Estuary Restoration Act of after 9 a.m. will be escorted to the tribes, and individuals are invited to 2000, as amended (Title I, Pub. L. 106– meeting. Those who are not pre- submit written comments concerning 457), announcement is made of the registered and/or arriving later than the the NORMP/PEIS within 30 days of the forthcoming meeting of the Estuary allotted time will be unable to attend date of this notice. Habitat Restoration Council. The the public meeting. 9. The anticipated date of publication meeting is open to the public. of the draft PEIS is March 2011. The Brenda S. Bowen, DATES: The meeting will be held Army Federal Register Liaison Officer. PEIS will be prepared in accordance October 6, 2009, from 9 a.m. to 12 p.m. with (1) NEPA of 1969, as amended (42 [FR Doc. E9–22550 Filed 9–17–09; 8:45 am] ADDRESSES: The meeting will be in room U.S.C. 4321 et seq.), (2) regulations of BILLING CODE 3720–58–P the Council on Environmental Quality 3M60/70 in the GAO building located at for implementing the procedural 441 G Street, NW., Washington, DC. provisions of NEPA (40 CFR parts 1500– FOR FURTHER INFORMATION CONTACT: Ms. 1508), and (3) USACE Procedures for Ellen Cummings, Headquarters, U.S. Implementing NEPA (33 CFR part 230). Army Corps of Engineers, Washington, DC 20314–1000, (202) 761–4750. Amy M. Guise, SUPPLEMENTARY INFORMATION: The Chief, Civil Project Development Branch. Estuary Habitat Restoration Council [FR Doc. E9–22553 Filed 9–17–09; 8:45 am] consists of representatives of five BILLING CODE 3710–KF–P agencies. These agencies are the

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47929

DEPARTMENT OF DEFENSE DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT). Written statements not received at least Department of the Army; Corps of Department of the Army 10 calendar days prior to the meeting, Engineers may not be provided to or considered by Advisory Committee Meeting Notice the subcommittees until its next Intent To Hold an Open Meeting of the AGENCY: Department of the Army, DOD. meeting. North Dakota River Task Force The ADFO will review all timely ACTION: Notice of meeting. Established by the Missouri River submissions with the Chairperson, and Protection and Improvement Act of SUMMARY: Pursuant to the Federal ensure they are provided to the 2000 (Title VII) Advisory Committee Act of 1972 (5 U. members of the respective S. C., Appendix, as amended), the subcommittee before the meeting. After AGENCY: Department of the Army, U.S. Sunshine in the Government Act of reviewing written comments, the Army Corps of Engineers, DoD. 1976 (U. S. C. 552b, as amended) and 41 Chairperson and the ADFO may choose Code of the Federal Regulations (CFR to invite the submitter of the comments ACTION: Notice of meeting. 102–3.140 through 160), the Department to orally present their issue during open of the Army announces the following portion of this meeting or at a future SUMMARY: The duties of the Task Force committee meeting: meeting. are to prepare and approve a plan for Name of Committee: U.S. Army The ADFO, in consultation with the the use of the funds made available Command & General Staff College Chairperson, may allot a specific under Title VII to promote conservation Subcommittee. amount of time for the members of the practices in the Missouri River Date: October 27–28, 2009. public to present their issues for review watershed, control and remove the Place: US Army Command and and discussion. sediment from the Missouri River, General Staff College, Ft. Leavenworth, Brenda S. Bowen, protect recreation on the Missouri River KS, Lewis & Clark Center, 66027. Army Federal Register Liaison Officer. from sedimentation, and protect Indian Time: 8:30 a.m. to 4 p.m. (October 27, and non-Indian historical and cultural 2009). 8:30 a.m. to 12 p. m. (October 28, [FR Doc. E9–22555 Filed 9–17–09; 8:45 am] sites along the Missouri River from 2009). BILLING CODE 3710–08–P erosion. Proposed Agenda: Starting point of the meeting will be an overview of the DEPARTMENT OF DEFENSE DATES: North Dakota Missouri River CGSC, as well as its constituent schools, Task Force established by the Missouri the Command and General Staff School Department of the Army River Protection and Improvement Act and the School of Advanced Military of 2000 will hold a meeting on October Studies. Subcommittee members will Availability for Non-Exclusive, 15, 2009, from 11 a.m. to 3 p.m. gather information from students, staff Exclusive, or Partially Exclusive and faculty. General deliberations Licensing of U.S. Provisional Patent ADDRESSES: The meeting will be held at leading to provisional findings for Application Concerning Novel Use and the Best Western Doublewood Inn referral to the Army Education Advisory Method of Rapamycin To Treat Toxic located at 1400 E Interchange Avenue in Committee will follow on October 28, Shock Bismarck, North Dakota. beginning at about 0900. AGENCY: Department of the Army, DoD. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: For Laura Bentley at (402) 995–2714. information, please contact Dr. Robert ACTION: Notice. Baumann at SUPPLEMENTARY INFORMATION: The SUMMARY: Announcement is made of the [email protected]. Written availability for licensing of the objectives of the Task Force are to submissions are to be submitted to the prepare and approve a plan for the use invention set forth in U.S. Provisional following address: U.S. Army Command Patent Application Serial No. 61/ of the funds made available under Title and General Staff College VII, develop and recommend to the 045,184 entitled ‘‘Novel Use and Subcommittee, ATTN: Alternate Method of Rapamycin to Treat Toxic Secretary of the Army ways to Designated Federal Officer (Baumann), implement critical restoration projects Shock,’’ filed August 5, 2009. The Lewis & Clark Center, U.S. Army United States Government, as meeting the goals of the plan, and Command and General Staff College, Ft. represented by the Secretary of the determine if these projects primarily Leavenworth, KS 66027. Army, has rights to this invention. benefit the Federal Government. SUPPLEMENTARY INFORMATION: Meeting of ADDRESSES: Commander, U.S. Army This meeting is open to the public. the Advisory subcommittee is open to Medical Research and Materiel Any interested person may attend, the public. Attendance will be limited Command, ATTN: Command Judge appear before, or file statements with to those persons who have notified the Advocate, MCMR–JA, 504 Scott Street, the task force; however, statements and Advisory Subcommittee Management Fort Detrick, Frederick, MD 21702– questions should be submitted in Office at least 10 calendar days prior to 5012. advance. For additional information, the meeting of their intention to attend. FOR FURTHER INFORMATION CONTACT: For contact Laura Bentley, U.S. Army Corps Filing Written Statement: Pursuant to 41 CFR 102–3.140d, the Committee is patent issues, Ms. Elizabeth Arwine, of Engineers, 1616 Capitol Avenue, not obligated to allow the public to Patent Attorney, (301) 619–7808. For Omaha, NE 68102–1618, 402–995–2714. speak, however, interested persons may licensing issues, Dr. Paul Mele, Office of Brenda S. Bowen, submit a written statement for Research and Technology Assessment, (301) 619–6664, both at telefax (301) Army Federal Register Liaison Officer. consideration by the Subcommittees. 619–5034. [FR Doc. E9–22551 Filed 9–17–09; 8:45 am] Individuals submitting a written statement must submit their statement SUPPLEMENTARY INFORMATION: The BILLING CODE 3720–58–P to the Alternate Designated Federal invention relates to the use of Officer (ADFO) at the address listed (see Rapamycin as a treatment of toxic shock

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47930 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

induced by staphylococcal exotoxins; free from Adobe’s Web site: http:// accessed from http://edicsweb.ed.gov, more specifically, staphylococcal www.adobe.com. by selecting the ‘‘Browse Pending enterotoxins that are potent activators FOR FURTHER INFORMATION CONTACT: Collections’’ link and by clicking on for human T cells and can cause lethal Individuals who use a link number 4130. Written requests for shock. telecommunications device for the deaf information should be addressed to U.S. Department of Education, 400 Maryland Brenda S. Bowen, (TDD) may call the Federal Information Avenue, SW., LBJ, Washington, DC Army Federal Register Liaison Officer. Relay Service (FIRS) at 1–800–877–8339 between 8 a.m. and 8 p.m. Eastern time, 20202–4537. Requests may also be [FR Doc. E9–22554 Filed 9–17–09; 8:45 am] Monday through Friday. electronically mailed to BILLING CODE 3710–08–P SUPPLEMENTARY INFORMATION: The [email protected] or faxed to (202) Secretary is publishing this request for 401–0920. Please specify the complete comment under the Provisions of the title of the information collection when DEPARTMENT OF EDUCATION Paperwork Reduction Act of 1995, 44 making your request. Comments U.S.C. 3501 et seq. Under that Act, ED regarding burden and/or the collection Notice of Proposed Information activity requirements should be directed Collection Requests must obtain the review and approval of the Office of Management and Budget to the e-mail address AGENCY: Department of Education. (OMB) before it may use a form to [email protected]. Individuals who use a telecommunications device for the SUMMARY: The Secretary of Education collect information. However, under deaf (TDD) may call the Federal requests comments on the Student Aid procedures for obtaining approval from Information Relay Service (FIRS) at 1– Report (SAR) that the Secretary OMB, ED must first obtain public 800–877–8339 between 8 a.m. and 8 proposes to use for the 2010–2011 comment of the proposed form, and, to p.m., Eastern time, Monday through award year. The SAR is used to notify obtain that comment, ED must publish Friday. Free Application for Federal Student this notice in the Federal Register. Aid (FAFSA) applicants of their In addition to the comments [FR Doc. E9–22544 Filed 9–17–09; 8:45 am] eligibility to receive Federal student aid requested above, to accommodate the BILLING CODE 4000–01–P under the student financial assistance requirements of the Paperwork programs authorized under Title IV of Reduction Act, the Secretary is the Higher Education Act of 1965, as interested in receiving comments with DEPARTMENT OF EDUCATION amended, and to provide an opportunity regard to the following matters: (1) Is Submission for OMB Review; for applicants to correct or update the this collection necessary to the proper Comment Request information they provided on their functions of the Department, (2) will FAFSA. this information be processed and used AGENCY: Department of Education. in a timely manner, (3) is the estimate DATES: Interested persons are invited to SUMMARY: The Director, Information of burden accurate, (4) how might the Collection Clearance Division, submit comments on or before Department enhance the quality, utility, November 17, 2009. Regulatory Information Management and clarity of the information to be Services, Office of Management invites ADDRESSES: Comments may be collected, and (5) how might the comments on the submission for OMB submitted electronically through e-mail Department minimize the burden of this to mailto:[email protected]. review as required by the Paperwork collection on the respondents, including Reduction Act of 1995. Requests for copies of the proposed through the use of information DATES: Interested persons are invited to information collection requests may be technology. accessed from http://edicsweb.ed.gov by submit comments on or before October selecting the ‘‘Browse Pending Dated: September 15, 2009. 19, 2009. Collections’’ link and by clicking on Angela C. Arrington, ADDRESSES: Written comments should link number 4130. When you access the IC Clearance Official, Regulatory Information be addressed to the Office of information collection, click on Management Services, Office of Management. Information and Regulatory Affairs, ‘‘Download Attachments’’ to view. Federal Student Aid Attention: Education Desk Officer, Written requests for information should Office of Management and Budget, 725 Type of Review: Revision. 17th Street, NW., Room 10222, New be addressed to U.S. Department of Title: Student Aid Report (SAR). Education, 400 Maryland Avenue, SW., Frequency: Annually. Executive Office Building, Washington, LBJ, Washington, DC 20202–4537. In Affected Public: Individuals. DC 20503, be faxed to (202) 395–5806 or addition, interested persons can access Annual Reporting and Recordkeeping send e-mail to _ this document on the Internet: Hour Burden: oira [email protected]. (1) Go to IFAP at http://ifap.ed.gov. Responses: 21,696,675. SUPPLEMENTARY INFORMATION: Section (2) Scroll to ‘‘Processing Resources’’. Burden Hours: 6,993,273. 3506 of the Paperwork Reduction Act of (3) Click on ‘‘FAFSA and SAR Abstract: The SAR is used to notify 1995 (44 U.S.C. Chapter 35) requires Materials’’. Free Application for Federal Student that the Office of Management and (4) Under ‘‘By Award Year Click on Aid (FAFSA) applicants of their Budget (OMB) provide interested 2010–2011’’. eligibility to receive Federal student aid Federal agencies and the public an early (5) Click on 2009–xx–xx–‘‘Draft 2010– under the student financial assistance opportunity to comment on information 2011 Student Aid Report (SAR) and programs authorized under Title IV of collection requests. OMB may amend or SAR Acknowledgement has been posted the Higher Education Act of 1965, as waive the requirement for public to the Federal Register and is available amended, and to provide an opportunity consultation to the extent that public for Public Comment’’. for applicants to correct or update the participation in the approval process Please note that the free Adobe information they provided on their would defeat the purpose of the Acrobat Reader software, version 4.0 or FAFSA. information collection, violate State or greater, is necessary to view this file. Requests for copies of the proposed Federal law, or substantially interfere This software can be downloaded for information collection request may be with any agency’s ability to perform its

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47931

statutory obligations. The IC Clearance participants will submit employment Executive Office Building, Washington, Official, Regulatory Information verification forms to employers, starting DC 20503, be faxed to (202) 395–5806 or Management Services, Office of upon employment and continuing every send e-mail to Management, publishes that notice 6 months thereafter. The information [email protected]. containing proposed information collected through the SAPR, the SUPPLEMENTARY INFORMATION: Section collection requests prior to submission Participant Follow-Up Protocol, and the 3506 of the Paperwork Reduction Act of of these requests to OMB. Each Employment Verification Form is 1995 (44 U.S.C. Chapter 35) requires proposed information collection, necessary to (1) Assess the performance that the Office of Management and grouped by office, contains the of the IE PD program on its Government Budget (OMB) provide interested following: (1) Type of review requested, Performance Results Act (GPRA) Federal agencies and the public an early e.g. new, revision, extension, existing or measures, (2) determine if IE PD opportunity to comment on information reinstatement; (2) Title; (3) Summary of participants are fulfilling the terms of collection requests. OMB may amend or the collection; (4) Description of the their service payback requirements, and waive the requirement for public need for, and proposed use of, the (3) provide project-monitoring and consultation to the extent that public information; (5) Respondents and compliance information to IE PD Grants participation in the approval process frequency of collection; and (6) program staff. would defeat the purpose of the Reporting and/or Recordkeeping Requests for copies of the information information collection, violate State or burden. OMB invites public comment. collection submission for OMB review Federal law, or substantially interfere Dated: September 15, 2009. may be accessed from http:// with any agency’s ability to perform its edicsweb.ed.gov, by selecting the Angela C. Arrington, statutory obligations. The IC Clearance ‘‘Browse Pending Collections’’ link and Official, Regulatory Information Director, Information Collection Clearance by clicking on link number 4082. When Division, Regulatory Information Management Services, Office of Management Services, Office of Management. you access the information collection, Management, publishes that notice click on ‘‘Download Attachments’’ to containing proposed information Office of Elementary and Secondary view. Written requests for information collection requests prior to submission Education should be addressed to U.S. Department of these requests to OMB. Each Type of Review: New. of Education, 400 Maryland Avenue, proposed information collection, Title: Indian Education Professional SW., LBJ, Washington, DC 20202–4537. grouped by office, contains the Development Grants Program: GPRA Requests may also be electronically following: (1) Type of review requested, and Service Payback Data Collection. mailed to the Internet address e.g. new, revision, extension, existing or Frequency: Semi-Annually. [email protected] or faxed to 202– reinstatement; (2) Title; (3) Summary of Affected Public: Individuals; Not-for- 401–0920. Please specify the complete the collection; (4) Description of the profit institutions; State, Local, or Tribal title of the information collection when need for, and proposed use of, the Gov’t, SEAs or LEAs. making your request. information; (5) Respondents and Reporting and Recordkeeping Hour Comments regarding burden and/or frequency of collection; and (6) Burden: the collection activity requirements Reporting and/or Recordkeeping Responses: 2,076. should be electronically mailed to burden. OMB invites public comment. Burden Hours: 8,580. [email protected]. Individuals who Dated: September 15, 2009. Abstract: The Office of Indian use a telecommunications device for the Angela C. Arrington, Education Professional Development deaf (TDD) may call the Federal (OIE PD) Grants program wishes to Information Relay Service (FIRS) at Director, Information Collection Clearance 1–800–877–8339. Division, Regulatory Information implement (1) A Semi-Annual Management Services, Office of Management. Participant Report (SAPR), (2) a [FR Doc. E9–22546 Filed 9–17–09; 8:45 am] Office of Elementary and Secondary Participant Follow-Up Protocol, and (3) BILLING CODE 4000–01–P an Employment Verification survey. OIE Education PD grantees will submit participant Type of Review: New. contact and project service information DEPARTMENT OF EDUCATION Title: Early Reading First: Grant on the SAPR twice a year. The OIE PD Performance Report. Grants program staff will use the Submission for OMB Review; Frequency: Annually. Participant Follow-Up Protocol to Comment Request Affected Public: Businesses or other collect employment and continuing for-profit; Federal Government; Not-for- AGENCY: Department of Education. education information from IE PD profit; State, Local, or Tribal Gov’t, participants who are not in an approved SUMMARY: The Director, Information SEAs or LEAs. and active deferment once they have Collection Clearance Division, Reporting and Recordkeeping Hour exited the program. IE PD participants Regulatory Information Management Burden: will initiate contact with IE PD staff Services, Office of Management invites Responses: 135. within 6 months of exiting the PD comments on the submission for OMB Burden Hours: 3,005. program and every 6 months thereafter review as required by the Paperwork Abstract: In accordance with the for the length of their service payback Reduction Act of 1995. Elementary and Secondary Education period to report their employment and DATES: Interested persons are invited to Act (ESEA) of 1965, as amended, Title continuing education information. IE PD submit comments on or before October I, Part B, Subpart 2, Early Reading First participants working in a local 19, 2009. (ERF), section 1225 states that each educational agency enrolling 5 percent ADDRESSES: Written comments should eligible applicant receiving a grant or more of American Indian/Alaska be addressed to the Office of under this subpart shall report annually Native students will give the Information and Regulatory Affairs, to the Secretary regarding the eligible Employment Verification form to their Attention: Education Desk Officer, applicant’s progress in addressing the principal or LEA representative to Office of Management and Budget, 725 purposes of this subpart. Each report complete. The OIE PD grants program 17th Street, NW., Room 10222, New shall include, at a minimum, a

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47932 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

description of: (1) The research-based by the Secretary of Education in • Mail, express delivery, hand instruction, materials, and activities consultation with the Commissioner of delivery, messenger, or courier service: being used in the programs funded Education Statistics. The purpose of the Submit one copy of the documents under the grant; and (2) the type of Committee will be to develop listed above to the following address: ongoing professional development recommendations for the Secretary of U.S. Department of Education, White provided to staff. Education regarding: (1) The accurate House Liaison Office, 400 Maryland Requests for copies of the information calculation and reporting of completion Avenue, SW., Room 7C109, collection submission for OMB review or graduation rates of entering Washington, DC 20202. Attn: Karen may be accessed from http:// certificate- or degree-seeking, full-time, Akins. edicsweb.ed.gov, by selecting the undergraduate students by two-year For questions, contact Karen Akins, ‘‘Browse Pending Collections’’ link and degree-granting institutions of higher White House Liaison Office at (202) by clicking on link number 4086. When education; (2) additional or alternative 401–3677, fax (202) 205–0723, or via e- you access the information collection, measures of student success that are mail at [email protected]. click on ‘‘Download Attachments’’ to comparable alternatives to the Dated: September 9, 2009. view. Written requests for information completion or graduation rates of Arne Duncan, should be addressed to U.S. Department entering degree-seeking full-time Secretary of Education. of Education, 400 Maryland Avenue, undergraduate students, taking into SW., LBJ, Washington, DC 20202–4537. account the mission and role of two- [FR Doc. E9–22522 Filed 9–17–09; 8:45 am] Requests may also be electronically year degree-granting higher education BILLING CODE 4000–01–P mailed to the Internet address institutions. These recommendations [email protected] or faxed to 202– shall be provided to the Secretary no DEPARTMENT OF EDUCATION 401–0920. Please specify the complete later than 18 months after the first title of the information collection when meeting of the Committee. National Board of the Fund for the making your request. Nomination Process: Any interested Improvement of Postsecondary Comments regarding burden and/or person or organization may nominate Education the collection activity requirements one or more qualified individuals for should be electronically mailed to membership. If you would like to AGENCY: U.S. Department of Education, [email protected]. Individuals who nominate an individual or yourself for Office of Postsecondary Education. use a telecommunications device for the appointment to the Committee, please ACTION: Request for nominations to deaf (TDD) may call the Federal submit the following information to the serve on the National Board of the Fund Information Relay Service (FIRS) at 1– U.S. Department of Education’s (the for the Improvement of Postsecondary 800–877–8339. Department’s) White House Liaison Education (FIPSE). Office. [FR Doc. E9–22543 Filed 9–17–09; 8:45 am] SUMMARY: At this time, the Secretary of • A copy of the nominee’s re´sume´; BILLING CODE 4000–01–P Education invites interested parties to • A cover letter that provides your submit nominations for individuals to reason(s) for nominating the individual; serve on FIPSE’s Board. DEPARTMENT OF EDUCATION and • Contact information for the SUPPLEMENTARY INFORMATION: Section Committee on Measures of Student nominee (name, title, business address, 742 of the Higher Education Act of Success business phone, fax number, and 1965, as amended [20 U.S.C. 1138a], business e-mail address). establishes the National Board of the AGENCY: National Center for Education In addition, the cover letter must state Fund for the Improvement of Statistics, Department of Education. that the nominee (if nominating Postsecondary Education. The Board ACTION: Request for nominations to someone other than yourself) has agreed consists of 15 members appointed by serve on the Committee on Measures of to be nominated and is willing to serve the Secretary of Education. A majority Student Success. on the Committee. Nominees will be (maximum of eight) of the members of appointed based on technical the Board shall consist of public interest SUMMARY: At this time, the Secretary of representatives, including students, and Education invites interested parties to qualifications, professional experience, and demonstrated knowledge of issues a minority (maximum of seven) shall submit nominations for individuals to consist of educational representatives. related to higher education student serve on the Committee on Measures of At least one of the members must be a success, particularly at two-year Student Success. student at the time of appointment. institutions, Federal student aid SUPPLEMENTARY INFORMATION: As Board members are appointed for programs, and institutional or State mandated by section 485(a)(7)(B) of the overlapping 3-year terms. The Board postsecondary longitudinal data Higher Education Act of 1965, as advises the Secretary and, by delegation, systems. amended by section 488(a)(3)(B) of the the Assistant Secretary of the Office of Higher Education Opportunity Act DATES: Nominations for individuals to Postsecondary Education on priorities (HEOA) (20 U.S.C. 1092(a)(7)(B)), the serve on the Committee on Measures of for the improvement of postsecondary U.S. Department of Education shall Student Success must be submitted education and the evaluation, establish the Committee on Measures of (postmarked, if sending by mail; dissemination, and adaptation of Student Success (the Committee). The submitted electronically; or received, if improvements in postsecondary Committee shall consist of 15 members hand delivered) by October 19, 2009. educational practice. The Board also including representatives from diverse ADDRESSES: You may submit advises the Secretary on the operation of institutions of higher education, experts nominations, including attachments, by FIPSE, including providing advice on in the field of higher education policy, any of the following methods: planning documents, guidelines, and State higher education officials, • Electronically: Send to: procedures for grant competitions students, and other stakeholders from [email protected] (specify in prepared by FIPSE. the higher education community. the e-mail subject line, ‘‘CMSS Nomination Process: Any interested Committee members will be appointed Nomination’’). person or organization may nominate

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47933

one or more qualified individuals for Foreign Medical Education and ADDRESSES: You may submit membership. If you would like to Accreditation (NCFMEA). nominations, including attachments, by nominate an individual or yourself for any of the following methods: appointment to the Board, please submit SUMMARY: At this time, the Secretary of • Electronically: Send to: the following information to the U.S. Education invites interested parties to [email protected] (specify in Department of Education’s White House submit nominations for individuals to the e-mail subject line, ‘‘NCFMEA Liaison Office: serve on the National Committee on Nomination’’). • A copy of the nominee’s re´sume´; Foreign Medical Education and • Mail, express delivery, hand • A cover letter that provides your Accreditation (NCFMEA). delivery, messenger, or courier service: reason(s) for nominating the individual; Submit one copy of the documents SUPPLEMENTARY INFORMATION: The and listed above to the following address: NCFMEA is authorized by the Higher • Contact information for the U.S. Department of Education, White Education Act as amended (HEA) [20 nominee (name, title, business address, House Liaison Office, 400 Maryland U.S.C. 1002(a)(2)(B)]. The Committee business phone, fax number, and Avenue, SW., Room 7C109, shall consist of 11 members appointed business e-mail address). Washington, DC 20202. Attn: Karen by the Secretary of Education, one of In addition, the cover letter must state Akins. whom shall be a student at the time of that the nominee (if nominating For questions, contact Karen Akins, appointment, enrolled in an accredited someone other than yourself) has agreed White House Liaison Office, at (202) medical school. Upon request from a to be nominated and is willing to serve 401–3677; fax (202) 205–0723, or via e- foreign country, the NCFMEA evaluates on the Board. Nominees will be mail at [email protected]. the standards of accreditation applied to appointed based on technical applicant foreign medical schools in Dated: September 14, 2009. qualifications and professional that country and determines the experience. An individual who has Arne Duncan, comparability of these standards to previously served on the Board for six Secretary of Education. standards for accreditation applied to consecutive years may not be [FR Doc. E9–22518 Filed 9–17–09; 8:45 am] medical schools in the United States. reappointed for two years after the BILLING CODE 4000–01–P Medical schools located in foreign expiration of the sixth year of service. countries that lack an NCFMEA finding DATES: Nominations for the Board must of comparability of their accrediting ELECTION ASSISTANCE COMMISSION be submitted (postmarked, if sending by standards are not eligible to have their mail; received electronically; or U.S. students receive Federal student Sunshine Act Notice received, if hand delivered) by October aid funds under Title IV of the HEA. 19, 2009. Nomination Process: Any interested AGENCY: U.S. Election Assistance ADDRESSES: You may submit person or organization may nominate Commission. nominations, including attachments, by one or more qualified individuals for ACTION: Notice of public meeting any of the following methods: membership. If you would like to roundtable discussion. • Electronically: Send to: nominate an individual or yourself for [email protected] (specify in DATE & TIME: Tuesday, October 13, 2009, appointment to the NCFMEA, please the e-mail subject line, ‘‘FIPSE 9 a.m.–4 p.m. (EST). submit the following information to the Nomination’’); or PLACE: Kellogg Conference Center, U.S. Department of Education’s White • Mail, express delivery, hand Gallaudet University, 800 Florida Ave., House Liaison Office: delivery, messenger, or courier service: NE., Washington, DC 20002. (202) 651– Submit one copy of the documents • A copy of the nominee’s re´sume´; 6000. listed above to the following address: • A cover letter that provides your AGENDA: The Commission will host a U.S. Department of Education, White reason(s) for nominating the individual; roundtable discussion regarding House Liaison Office, 400 Maryland and research, development and Avenue, SW., Room 7C109, • Contact information for the implementation of technologies and Washington, DC 20202. Attn: Karen nominee (name, title, business address, other assistance to make voting more Akins. business phone, fax number, and accessible. Panelists at the roundtable For questions, contact Karen Akins, business e-mail address). will help to inform the Commission White House Liaison Office, at (202) regarding the types of research that 401–3677; fax (202) 205–0723, or via e- In addition, the cover letter must state should be supported through the mail at [email protected]. that the nominee (if you are nominating Accessible Voting Technology Initiative someone other than yourself) has agreed (AVTI). The AVTI is a competitive grant Dated: September 14, 2009. to be nominated and is willing to serve Arne Duncan, program that will fund research and on the Committee. Nominees should be technology adoption to make voting Secretary of Education. respected in the educational community systems (including paper ballots) more [FR Doc. E9–22524 Filed 9–17–09; 8:45 am] and representative of relevant accessible to all voters and make the BILLING CODE 4000–01–P constituencies, and will be appointed entire election process more welcoming based on technical qualifications, and accessible to individuals with professional experience, and a DEPARTMENT OF EDUCATION disabilities. Competitive grants for this demonstrated broad knowledge of initiative will be issued under the Help [foreign] medical school education and America Vote Act of 2002 and funded National Committee on Foreign accreditation. Medical Education and Accreditation by the Omnibus Appropriations Act for DATES: Nominations for the NCFMEA Fiscal Year 2009 (Pub. L. 111–8). The AGENCY: U.S. Department of Education, must be submitted (postmarked, if Commission is currently accepting Office of Postsecondary Education. sending by mail; submitted comments on the plan for development ACTION: Request for nominations to electronically; or received, if hand of a notice of funding announcement serve on the National Committee on delivered) by October 19, 2009. here: http://www.eac.gov/program-

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47934 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

areas/grants/eac-seeks-input-on-voting- BOSTI Hydroelectric LLC’s Project No. DEPARTMENT OF ENERGY system-verification-and-technology- 13458–000 application was filed on May grants. 1, 2009. The project would consist of: (1) Federal Energy Regulatory Members of the public may observe The existing 1,455-foot-long, 30.8 foot- Commission but not participate in EAC meetings high Coon Rapids Dam; (2) a proposed [Docket No. CP09–460–000; PF09–9–000] unless this notice provides otherwise. powerhouse containing two generating Members of the public may use small units having a total installed capacity of ETC Tiger Pipeline, LLC; Notice of electronic audio recording devices to 8.0 MW; and (3) a proposed 200-foot- Application record the proceedings. The use of other long, 4.16 kV transmission line. The September 10, 2009. recording equipment and cameras proposed project would have an average requires advance notice to and Take notice that on August 31, 2009, annual generation of 45.0 gigawatt- ETC Tiger Pipeline, LLC (ETC Tiger), coordination with the Commission’s hours, which would be sold to Xcel Communications Office.* 711 Louisiana Street, Suite 900, Energy. *View EAC Regulations Implementing Houston, Texas 77002, filed an Government in the Sunshine Act. Applicants Contact: For Three Rivers application in Docket No. CP09–460– This meeting will be open to the Park District: Ms. Margaret Walz, 000 pursuant to section 7(c) of the public. Associate Superintendent, Three Rivers Natural Gas Act (NGA), and Parts 157 Park District, 3000 Xenium Lane N, and 284 of the Commission’s regulations PERSON TO CONTACT FOR INFORMATION: requesting: (1) Authorization to Mark Abbott, Telephone: (202) 566– Plymouth, MN 55441; phone (763) 559– 9000. For the BOSTI Hydroelectric LLC: construct and operate a new 3100. approximately 175-mile, 42-inch natural Mr. Douglas A. Spaulding, BOSTI gas pipeline located in Texas and Thomas R. Wilkey, Hydroelectric LLC, C/O Nelson Energy, Louisiana capable of transporting up to Executive Director, U.S. Election Assistance 8441 Wayzata Blvd., Suite 101, Golden Commission. 2,000,000 Dth/day; (2) a blanket Valley, MN 55426; phone (952) 544– certificate authorizing ETC Tiger to [FR Doc. E9–22657 Filed 9–16–09; 4:15 pm] 8133. BILLING CODE 6820–KF–P engage in certain self-implementing FERC Contact: Michael Spencer, (202) routine activities under, Part 157, 502–6093. Subpart F, of the Commission’s regulations; and (3) a blanket certificate DEPARTMENT OF ENERGY Deadline for filing comments, motions to intervene, competing applications authorizing ETC Tiger to transport natural gas, on an open access and self- (without notices of intent), or notices of Federal Energy Regulatory implementing basis, under Part 284, intent to file competing applications: 60 Commission Subpart G of the Commission’s days from the issuance of this notice. regulations. Additionally, ETC Tiger [Project No. 13457–000; Project No. 13458– Comments, motions to intervene, 000] seeks approval of its proposed interim notices of intent, and competing period rates and initial recourse rates, Three Rivers Park District; BOSTI applications may be filed electronically and pro forma tariff, all as more fully set Hydroelectric LLC; Notice of via the Internet. See 18 CFR forth in the application which is on file Competing Preliminary Permit 385.2001(a)(1)(iii) and the instructions with the Commission and open for Applications Accepted for Filing and on the Commission’s website under the public inspection. Soliciting Comments, and Motions To ‘‘eFiling’’ link. If unable to be filed Any questions regarding the Intervene electronically, documents may be paper- applications should be directed to Joey filed. To paper-file, an original and eight Mahmoud, Energy Transfer Partners, September 10, 2009. copies should be mailed to: Kimberly D. L.P., 711 Louisiana Street, Suite 900, Three Rivers Park District and the Bose, Secretary, Federal Energy Houston, Texas 77002, 832–668–1242, BOSTI Hydroelectric LLC filed Regulatory Commission, 888 First Joey.Mahmoud@energytransfer applications, pursuant to section 4(f) of Street, NE., Washington, DC 20426. For partners.com or Lisa M. Tonery, the Federal Power Act, proposing to more information on how to submit Fulbright & Jaworski L.L.P., 666 Fifth study the feasibility of the Coon Rapids these types of filings please go to the Avenue, New York, New York 10103, Dam Project, to be located at the existing Commission’s Web site located at 212–318–3009, [email protected]. Coon Rapids Dam owned by the Three http://www.ferc.gov/filing- The filing is available for review at Rivers Park District located on the the Commission in the Public Reference comments.asp. More information about Mississippi River in Hennepin and Room or may be viewed on the this project can be viewed or printed on Anoka Counties, Minnesota. Commission’s Web site Web at http:// Descriptions of the proposed Coon the ‘‘eLibrary’’ link of the Commission’s www.ferc.gov using the eLibrary link. Rapids Dam Projects: Web site at http://www.ferc.gov/docs- Enter the docket number excluding the Three Rivers Park District’s Project filing/elibrary.asp. Enter the docket last three digits in the docket number No. 13457–000 application was filed on number (P–13457–000, or 13458–000) in field to access the document. For May 1, 2009. The project would consist the docket number field to access the assistance, contact FERC at of: (1) The existing 1,455-foot-long, 30.8 document. For assistance, call toll-free [email protected] or call foot-high Coon Rapids Dam; (2) a 1–866–208–3372. toll-free, (886) 208–3676 or TYY, (202) proposed powerhouse containing two Kimberly D. Bose, 502–8659. generating units having a total installed On March 27, 2009, the Commission capacity of 7.2 MW; and (3) a proposed Secretary. staff granted ETC Tiger’s request to 600-foot-long, 4.16 kilovolt (kV) [FR Doc. E9–22469 Filed 9–17–09; 8:45 am] utilize the Pre-Filing Process and transmission line. The proposed project BILLING CODE 6717–01–P assigned Docket No. PF09–9 to staff would have an average annual activities involved with the ETC Tiger generation of 44.26 gigawatt-hours, project. Now as of the filing the August which would be sold to Xcel Energy. 31, 2009 application, the Pre-Filing

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47935

Process for this project has ended. From Commission) and will not have the right approximately 100-foot-long, 15-foot- this time forward, this proceeding will to seek court review of the wide, and 6-foot-deep; (2) an 8- to 10- be conducted in Docket No. CP09–460– Commission’s final order. foot-diameter, 150-foot-long penstock; 000, as noted in the caption of this The Commission strongly encourages (3) a powerhouse containing two Notice. electronic filings of comments, protests generating units having an installed There are two ways to become and interventions in lieu of paper using capacity of 1.8 megawatts; (4) a 500- involved in the Commission’s review of the eFiling link at http://www.ferc.gov. foot-long, 21-kilovolt transmission line; this project. First, any person wishing to Persons unable to file electronically and (5) appurtenant facilities. The obtain legal status by becoming a party should submit an original and 14 copies proposed project would have an average to the proceedings for this project of the protest or intervention to the annual generation of 7.2 gigawatt-hours. should, on or before the comment date Federal Energy Regulatory Commission, stated below file with the Federal 888 First Street, NE., Washington, DC Applicant Contact: Bradley Reeves, Energy Regulatory Commission, 888 20426. Sierra Energy Company, P.O. Box 4313, First Street, NE., Washington, DC 20426, This filing is accessible on-line at Auburn, CA 95604; phone: (530) 367– a motion to intervene in accordance http://www.ferc.gov, using the eLibrary 4156. with the requirements of the link and is available for review in the FERC Contact: Gina Krump, (202) Commission’s Rules of Practice and Commission’s Public Reference Room in 502–6704, [email protected]. Procedure (18 CFR 385.214 or 385.211) Washington, DC. There is an and the Regulations under the NGA (18 eSubscription link on the Web site that Deadline for filing comments, motions CFR 157.10). A person obtaining party enables subscribers to receive e-mail to intervene, competing applications status will be placed on the service list notification when a document is added (without notices of intent), or notices of maintained by the Secretary of the to a subscribed docket(s). For assistance intent to file competing applications: 60 Commission and will receive copies of with any FERC Online service, please e- days from the issuance of this notice. all documents filed by the applicant and mail [email protected], or Comments, motions to intervene, by all other parties. A party must submit call (866) 208–3676 (toll free). For TTY, notices of intent, and competing 14 copies of filings made in the call (202) 502–8659. applications may be filed electronically proceeding with the Commission and Comment Date: October 1, 2009. via the Internet. See 18 CFR must mail a copy to the applicant and 385.2001(a)(1)(iii) and the instructions Kimberly D. Bose, to every other party. Only parties to the on the Commission’s Web site (http:// proceeding can ask for court review of Secretary. www.ferc.gov/docs-filing/ferconline.asp) Commission orders in the proceeding. [FR Doc. E9–22465 Filed 9–17–09; 8:45 am] under the ‘‘eFiling’’ link. For a simpler However, a person does not have to BILLING CODE 6717–01–P method of submitting text only intervene in order to have comments comments, click on ‘‘Quick Comment.’’ considered. The second way to participate is by filing with the DEPARTMENT OF ENERGY For assistance, please contact FERC Secretary of the Commission, as soon as Online Support at possible, an original and two copies of Federal Energy Regulatory [email protected]; call toll- comments in support of or in opposition Commission free at (866) 208–3676; or, for TTY, contact (202) 502–8659. Although the to this project. The Commission will [Project No. 13560–000] consider these comments in Commission strongly encourages determining the appropriate action to be Sierra Energy Company; Notice of electronic filing, documents may also be taken, but the filing of a comment alone Preliminary Permit Application paper-filed. To paper-file, mail an will not serve to make the filer a party Accepted for Filing and Soliciting original and eight copies to: Kimberly D. to the proceeding. The Commission’s Comments, Motions To Intervene, and Bose, Secretary, Federal Energy rules require that persons filing Competing Applications Regulatory Commission, 888 First comments in opposition to the project Street, NE., Washington, DC 20426. September 10, 2009. provide copies of their protests only to More information about this project, the party or parties directly involved in On July 23, 2009, and revised on including a copy of the application, can the protest. August 27, 2009, Sierra Energy Persons who wish to comment only Company filed an application for a be viewed or printed on the ‘‘eLibrary’’ on the environmental review of this preliminary permit, pursuant to section link of Commission’s Web site at project should submit an original and 4(f) of the Federal Power Act, proposing http://www.ferc.gov/docs-filing/ two copies of their comments to the to study the feasibility of the North Unit elibrary.asp. Enter the docket number Secretary of the Commission. Diversion Dam Project, located on the (P–13560) in the docket number field to Environmental commentors will be Deschutes River in Deschutes County, access the document. For assistance, placed on the Commission’s Oregon. The sole purpose of a contact FERC Online Support. environmental mailing list, will receive preliminary permit, if issued, is to grant Kimberly D. Bose, copies of the environmental documents, the permit holder priority to file a and will be notified of meetings license application during the permit Secretary. associated with the Commission’s term. A preliminary permit does not [FR Doc. E9–22470 Filed 9–17–09; 8:45 am] environmental review process. authorize the permit holder to perform BILLING CODE 6717–01–P Environmental commentors will not be any land disturbing activities or required to serve copies of filed otherwise enter upon lands or waters documents on all other parties. owned by others without the owners’ However, the non-party commentors express permission. will not receive copies of all documents The proposed project would utilize filed by other parties or issued by the the existing North Unit Diversion Dam; Commission (except for the mailing of and would consist of the following new environmental documents issued by the facilities: (1) A diversion structure

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47936 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

DEPARTMENT OF ENERGY Buckeye certifies that copies of the ‘‘eLibrary’’ link and is available for complaint were served on the Midwest review in the Commission’s Public Federal Energy Regulatory ISO and PJM. Reference Room in Washington, DC. Commission Any person desiring to intervene or to There is an ‘‘eSubscription’’ link on the [Docket No. EL09–75–000] protest this filing must file in Web site that enables subscribers to accordance with Rules 211 and 214 of receive e-mail notification when a Buckeye Power, Inc., Complainant v. the Commission’s Rules of Practice and document is added to a subscribed Midwest Independent Transmission Procedure (18 CFR 385.211, 385.214). docket(s). For assistance with any FERC Protests will be considered by the System Operator, Inc., Respondent; Online service, please e-mail Commission in determining the Notice of Complaint [email protected], or call appropriate action to be taken, but will September 11, 2009. not serve to make protestants parties to (866) 208–3676 (toll free). For TTY, call Take notice that on September 10, the proceeding. Any person wishing to (202) 502–8659. 2009, Buckeye Power, Inc. (Buckeye) become a party must file a notice of Comment Date: 5 p.m. Eastern Time filed a formal complaint against the intervention or motion to intervene, as on October 1, 2009. Midwest Independent Transmission appropriate. The Respondent’s answer System Operator, Inc. (Midwest ISO) and all interventions, or protests must Kimberly D. Bose, pursuant to section 306 of the Federal be filed on or before the comment date. Secretary. Power Act and Rule 206 of the The Respondent’s answer, motions to [FR Doc. E9–22476 Filed 9–17–09; 8:45 am] Commission’s Rules of Practice and intervene, and protests must be served BILLING CODE 6717–01–P Procedure. Buckeye alleges in the on the Complainants. complaint that it should be able to The Commission encourages continue to receive certain ancillary electronic submission of protests and DEPARTMENT OF ENERGY services under the open access interventions in lieu of paper using the transmission tariff of PJM ‘‘eFiling’’ link at http://www.ferc.gov. Federal Energy Regulatory Interconnection, LLC (PJM) for a portion Persons unable to file electronically Commission of Buckeye’s electric cooperative should submit an original and 14 copies member load that is located within the of the protest or intervention to the Notice of Effectiveness of Exempt Midwest ISO boundaries, rather than Federal Energy Regulatory Commission, Wholesale Generator Status being compelled to receive such 888 First Street, NE., Washington, DC services from the Midwest ISO under its 20426. September 10, 2009. open access transmission, energy and This filing is accessible on-line at operating reserve market tariff. http://www.ferc.gov, using the

EC&R Papalote Creek I, LLC ...... EG09–39–000 Stony Creek Wind Farm, LLC ...... EG09–40–000 Conectiv Vineland Solar, LLC ...... EG09–41–000 Astoria Energy II LLC ...... EG09–42–000 Hoosier Wind Project, L.L.C ...... EG09–43–000 Lost Lakes Wind Farm LLC ...... EG09–44–000 Blue Canyon Windpower V LLC ...... EG09–45–000 Lost Creek Wind, LLC ...... EG09–46–000 Meadow Lake Wind Farm LLC ...... EG09–47–000 Meadow Lake Wind Farm II LLC ...... EG09–48–000 Blackstone Wind Farm, LLC ...... EG09–49–000 AES Armenia Mountain Wind, LLC ...... EG09–50–000 Northern Colorado Wind Energy, LLC ...... EG09–51–000 Escondido Energy Center, LLC ...... EG09–52–000 Chula Vista Energy Center, LLC ...... EG09–53–000 Northwest Wind Partners, LLC ...... EG09–54–000 GenConn Middletown LLC ...... EG09–55–000 GenConn Devon LLC ...... EG09–56–000 NaturEner Glacier Wind Energy 2, LLC ...... EG09–57–000 NaturEner Montana Wind Energy 2, LLC ...... EG09–58–000 Horse Hollow Generation Tie, LLC ...... EG09–59–000 Grand Ridge Energy LLC ...... EG09–60–000 Grand Ridge Energy II LLC ...... EG09–61–000 Grand Ridge Energy III LLC ...... EG09–62–000 Grand Ridge Energy IV LLC ...... EG09–63–000 Grand Ridge Energy V LLC ...... EG09–64–000 Streator-Cayuga Ridge Wind Power, LLC ...... EG09–66–000 Wilton Wind II, LLC ...... EG09–67–000 Orange Grove Energy, L.P ...... EG09–68–000

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47937

Take notice that during the month of pipeline, and construction of 26.5 miles Washington, DC on or before July/August, 2009, the status of the of new pipeline lateral. In addition, October 13, 2009. above-captioned entities as Exempt Texas Eastern requests authorization to For your convenience, there are three Wholesale Generators became effective add 85,633 horsepower (hp) of methods in which you can use to submit by operation of the Commission’s compression at four existing compressor your comments to the Commission. In regulations 18 CFR 366.7(a). stations and abandon 9,500 hp of all instances please reference the compression at one compressor station, project’s docket number CP09–68–000 Kimberly D. Bose, resulting in a net increase of 76,133 hp with your submission. The Commission Secretary. of compression for the projects. Texas encourages electronic filing of [FR Doc. E9–22468 Filed 9–17–09; 8:45 am] Eastern also requests authorization to comments and has dedicated eFiling BILLING CODE 6717–01–P uprate the maximum allowable expert staff available to assist you at operating pressure of its existing Lines 202–502–8258 or [email protected]. 1 and 2 from 1,000 to 1,112 pounds per (1) You may file your comments DEPARTMENT OF ENERGY square inch gauge for 268 miles between electronically by using the Quick Federal Energy Regulatory its Uniontown and Marietta Compressor Comment feature, which is located on Commission Stations. The proposed facilities are the Commission’s Internet Web site at located in Greene, Bedford, Franklin, http://www.ferc.gov under the link to [Docket No. CP09–68–000] Adams, Lancaster and York Counties, Documents and Filings. A Quick Pennsylvania. Comment is an easy method for Texas Eastern Transmission, LP; The TEMAX Project would provide interested persons to submit text-only Notice of Availability of the additional natural gas transportation comments on a project; Environmental Assessment for the capacity of 395,000 dekatherms per day (2) You may file your comments Proposed TEMAX and TIME III Projects (Dth/d) from a receipt point with the electronically by using the eFiling September 11, 2009. Rockies Express Pipeline LLC in feature, which is located on the The staff of the Federal Energy Clarington, Ohio, to an interconnect Commission’s Internet Web site at Regulatory Commission (FERC or with Transcontinental Gas Pipeline http://www.ferc.gov under the link to Commission) has prepared an Company, LLC (Transco) in York Documents and Filings. eFiling involves environmental assessment (EA) on the County, Pennsylvania. The TIME III preparing your submission in the same natural gas pipeline facilities proposed Project, would provide additional manner as you would if filing on paper, by Texas Eastern Transmission, LP transportation capacity of 60,000 Dth/d and then saving the file on your (Texas Eastern) in the above-referenced from a receipt point in Oakford, computer’s hard drive. You will attach docket. Pennsylvania to the same interconnect that file as your submission. New The U.S. Army Corps of Engineers with Transco. eFiling users must first create an (USACE) and Pennsylvania Department The EA has been placed in the public account by clicking on ‘‘Sign up’’ or of Conservation and Natural Resources files of the FERC. A limited number of ‘‘eRegister.’’ You will be asked to select participated as cooperating agencies in copies of the EA are available for the type of filing you are making. A the preparation of the EA. Cooperating distribution and public inspection at: comment on a particular project is agencies have jurisdiction by law or Federal Energy Regulatory Commission, considered a ‘‘Comment on a Filing;’’ or special expertise with respect to Public Reference Room, 888 First Street, (3) You may file your comments via resources potentially affected by the NE., Room 2A, Washington, DC 20426. mail to the Commission by sending an proposal and participate in the NEPA (202) 502–8371. original and two copies of your letter to: Copies of the EA have been mailed to analysis. The projects would require a Kimberly D. Bose, Secretary, Federal Federal, State, and local agencies; permit from the USACE pursuant to Energy Regulatory Commission, 888 interested groups and individuals; local section 404 of the Clean Water Act (33 First Street, NE., Room 1A, Washington, newspapers and libraries in the project United States Code 1344). DC 20426. The EA assesses the potential areas; Native American groups; and If you choose the option to mail your environmental affects resulting from parties to this proceeding. comments, label one copy of the Any person wishing to comment on two distinct projects known as the comments for the attention of the Gas the EA may do so. To ensure Texas Eastern Market Area Crossing Branch 1, PJ–11.1. consideration prior to a Commission (TEMAX) and Texas Eastern Comments will be considered by the decision on the proposal, it is important Incremental Market Area Expansion III Commission but will not serve to make that we receive your comments before (TIME III) Projects, in accordance with the commentor a party to the the date specified below. the requirements of the National proceeding. Any person seeking to You can make a difference by Environmental Policy Act of 1969 become a party to the proceeding must providing us with your specific (NEPA). The FERC staff concludes that file a motion to intervene pursuant to comments or concerns about the approval of the proposed projects, with Rule 214 of the Commission’s Rules of TEMAX and TIME III Projects. Your appropriate mitigating measures, would Practice and Procedures (18 CFR comments should focus on the potential 2 not constitute a major Federal action 385.214). Only intervenors have the environmental effects, reasonable significantly affecting the quality of the right to seek rehearing of the alternatives, and measures to avoid or human environment. Commission’s decisions. lessen environmental impacts. The more These projects consist of replacement Affected landowners and parties with specific your comments, the more useful of 25.9 miles of various diameter environmental concerns may be granted they will be. To ensure that your pipeline, construction of 9.6 miles of intervenor status upon showing good comments are timely and properly loop,1 use of 0.8 mile of existing cause by stating that they have a clear recorded, please send in your comments and direct interest in this proceeding 1 A pipeline ‘‘loop’’ is a segment of pipe installed so that they will be received in adjacent and parallel to an existing pipeline system 2 Interventions may also be filed electronically via that is connected to the system at both ends. A loop of the pipeline system or functions as a backup the Internet in lieu of paper. See the previous allows more gas to be moved through that portion system. discussion of filing comments electronically.

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47938 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

which would not be adequately conclusion of the 180-day period appropriate. Such notices, motions, or represented by any other parties. You do commencing upon initiation of a protests must be filed on or before the not need intervenor status to have your proceeding pursuant to section 206, the comment date. On or before the comments considered. Commission must state why it has failed comment date, it is not necessary to Additional information about the to render a final decision. In that event serve motions to intervene or protests projects is available from the the Commission must also provide its on persons other than the Applicant. Commission’s Office of External Affairs best estimate as to when it reasonably The Commission encourages at 1–866–208–FERC or on the FERC expects to make such a decision. electronic submission of protests and Internet Web site (http://www.ferc.gov) The Commission will be unable to interventions in lieu of paper using the using the eLibrary link. Click on the render a final decision by the refund ‘‘eFiling’’ link at http://www.ferc.gov. eLibrary link, then on ‘‘General Search’’ effective date because additional time is Persons unable to file electronically and enter the docket number excluding needed to analyze the issues. The should submit an original and 14 copies the last three digits in the docket Commission estimates that it will be of the protest or intervention to the number field (i.e., CP09–68). Be sure able to issue a decision by December 31, Federal Energy Regulatory Commission, you have selected an appropriate date 2009. This estimate is influenced by the 888 First Street, NE., Washington, DC range. For assistance, please contact complexity of the issues in the 20426. FERC Online Support at proceeding. This filing is accessible on-line at [email protected] or toll free The Secretary of the Commission http://www.ferc.gov, using the at 1–866–208–3676, or for TTY, contact issues this notice pursuant to section ‘‘eLibrary’’ link and is available for (202) 502–8659. The eLibrary link on 375.302(w) of the Commission’s rules, review in the Commission’s Public the FERC Internet Web site also 18 CFR 375.302(w) (2009). Reference Room in Washington, DC. provides access to the texts of formal There is an ‘‘eSubscription’’ link on the Kimberly D. Bose, documents issued by the Commission, Web site that enables subscribers to such as orders, notices, and Secretary. receive e-mail notification when a rulemakings. [FR Doc. E9–22474 Filed 9–17–09; 8:45 am] document is added to a subscribed In addition, the Commission offers a BILLING CODE 6717–01–P docket(s). For assistance with any FERC free service called eSubscription which Online service, please e-mail allows you to keep track of all formal [email protected], or call issuances and submittals in specific DEPARTMENT OF ENERGY (866) 208–3676 (toll free). For TTY, call dockets. This can reduce the amount of (202) 502–8659. time you spend researching proceedings Federal Energy Regulatory Commission Comment Date: 5 p.m. Eastern Time by automatically providing you with on October 9, 2009. notifications of these filings, document [Docket No. EL09–74–000] summaries and direct links to the Kimberly D. Bose, documents. Go to http://www.ferc.gov/ Green Energy Express LLC ; Notice of Secretary. esubscribenow.htm. Filing [FR Doc. E9–22475 Filed 9–17–09; 8:45 am] BILLING CODE 6717–01–P Kimberly D. Bose, September 11, 2009. Secretary. Take notice that on September 9, [FR Doc. E9–22477 Filed 9–17–09; 8:45 am] 2009, Green Energy Express LLC (Green DEPARTMENT OF ENERGY BILLING CODE 6717–01–P Energy) filed a Petition for Declaratory Order requesting that the Commission Federal Energy Regulatory approve certain rate incentives for Commission DEPARTMENT OF ENERGY Green Energy Transmission Line Project [Docket No. RM06–16–000] (Project). The Project includes a 70-mile Federal Energy Regulatory double-circuit 500kV alternating current Commission Mandatory Reliability Standards for the transmission line and a new 500 Bulk-Power System; Notice of Public [Docket No. EL09–40–000] kilovolt/230 kV substation, as well as an Meeting advanced technology fast-acting phase Southwest Power Pool, Inc.; Notice shifter that will enable the transport of September 10, 2009. Pursuant to Section 206(b) of the up to 2,000 megawatts of power from Take notice that on September 22, Federal Power Act otherwise location-constrained 2009, the Commission Staff will hold a September 11, 2009. renewable generation resources near public meeting to present research On March 19, 2009, pursuant to and around the existing Eagle Mountain conducted by the faculty of the section 206 of the Federal Power Act Substation in eastern Riverside County, University of Wisconsin-Madison, (FPA),1 the Commission instituted a California to load centers in Southern sponsored by the Commission, on proceeding in Docket No. EL09–40–000. California. Topological and Impedance Element Southwest Power Pool, Inc., 126 FERC ¶ Any person desiring to intervene or to Ranking (TIER) of the Bulk-Power 61,243 (2009). The refund effective date protest this filing must file in System. Commission Staff will convene for the proceeding instituted in Docket accordance with Rules 211 and 214 of this meeting, beginning at 10 a.m. and No. EL09–40–000 is March 27, 2009, the the Commission’s Rules of Practice and ending at 12 noon (EDT), at the offices date of publication in the Federal Procedure (18 CFR 385.211, 385.214). of the Federal Energy Regulatory Register 2 of notice of the Commission’s Protests will be considered by the Commission, 888 First Street, NE., action in this proceeding. Commission in determining the Washington, DC 20426. Under section 206 of the FPA, if no appropriate action to be taken, but will The Commission’s Office of Electric final decision is rendered by the not serve to make protestants parties to Reliability (OER) initiated this project to the proceeding. Any person wishing to develop, for purposes of section 215 of 1 16 U.S.C. 824e (2006). become a party must file a notice of the Federal Power Act, a methodology 2 74 FR 13428 (2009). intervention or motion to intervene, as to aid in identifying and ranking the

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47939

elements of the Bulk-Power System in For further technical information technical conference to be held at: the United States. Specifically, OER please contact Robert V. Snow at (202) Marriott Philadelphia Airport, One staff is seeking: (1) Develop a process to 502–6716. Arrivals Road, Philadelphia, PA 19153, distinguish those facilities that should Kimberly D. Bose, (215) 492–9000. not be considered part of the Bulk- Secretary. Please note that the Philadelphia Power System from those facilities that conference will begin at 8:30 a.m. should be considered part of the Bulk- [FR Doc. E9–22471 Filed 9–17–09; 8:45 am] Power System; (2) identify the elements BILLING CODE 6717–01–P Additional panelists may be added needed to operate each of the electric prior to the date of the conference. interconnections; and (3) rank the DEPARTMENT OF ENERGY If they have not already done so, those importance of those elements. This that plan to attend the Philadelphia project may lead to a methodology that Federal Energy Regulatory conference should submit the could be utilized in future proceedings Commission registration form, located at: https:// to aid in refining the scope of what www.ferc.gov/whats-new/registration/ constitutes the Bulk-Power System [Docket No. AD09–8–000] trans-09-21-form.asp.2 subject to section 215 of the Federal Transmission Planning Processes Panelists will provide introductory Power Act. Under Order No. 890; Notice remarks to begin the discussion of each The University of Wisconsin- Announcing Panelists and Final topic identified in the August 3 notice. Madison, in conjunction with OER staff, Agenda for the September 21, 2009 The purpose of the introductory remarks has developed and tested a Technical Conference in Philadelphia, is to introduce the topics of discussion, mathematically-based model intended PA and Staff intends to facilitate a to reflect the physics of the Bulk-Power constructive dialogue among all the September 11, 2009. System. Dr. B. Lesieutre, Dr. C. DeMarco attendees involved in the planning and Mr. D. Schwarting, faculty of the On June 30, 2009, the Commission process and will actively seek to University of Wisconsin-Madison, will issued a notice (June 30 Notice) incorporate input from non-panelists give the presentation. scheduling staff technical conferences to and audience members into that The TIER report will be made examine the transmission planning processes that are being conducted dialogue. We strongly encourage all available on the FERC Web calendar 1 attendees to actively participate in the page for this event and on eLibrary pursuant to Order No. 890. As stated in the June 30 Notice, these technical conference. when it is released. The Commission conferences are intended to meet the will accept comments on this report For further information about this Commission’s commitment that its staff within 30 days after it is posted on the conference, please contact: would conduct an assessment of the FERC Web site. An agenda and Power Order No. 890 transmission planning Zeny Magos, Office of Energy Market Point presentation will be posted on the processes. Regulation, Federal Energy Regulatory FERC Web calendar page closer to the On August 3, 2009, the Commission Commission, 888 First Street, NE., time of the presentation. issued a supplemental notice (August 3 Washington, DC 20426, (202) 502– FERC conferences are accessible Notice) with an agenda providing 8244. [email protected]. under section 508 of the Rehabilitation details on the topics that will be John Yakobitis, Office of Energy Market Act of 1973. For accessibility discussed on the panels at each of the Regulation, Federal Energy Regulatory accommodations please send an e-mail three conferences as well as the topics Commission, 888 First Street, NE., to [email protected] or call toll free panelists should be prepared to address. Washington, DC 20426, (202) 502– (866) 208–3372 (voice) or (202) 502– The August 3 Notice also reiterated that 8512. [email protected]. 8659 (TTY), or send a fax to (202) 208– those wishing to participate as panelists 2106 with the required should submit a request form describing Kimberly D. Bose, accommodations. the topic(s) they wish to address. In Secretary. A free Web cast of this event is addition, those wishing to attend each [FR Doc. E9–22473 Filed 9–17–09; 8:45 am] available through http://www.ferc.gov. conference were asked to complete a BILLING CODE 6717–01–P Anyone with internet access who registration form. The August 3 Notice desires to view this event can do so by stated that a final notice with a list of navigating to the Calendar of Events at the panelists for each conference would http://www.ferc.gov and locating this be issued in advance of the conferences. event in the Calendar. The event will On August 7, 2009, the Commission contain a link to its Web cast. The issued an errata notice shortening the Capitol Connection provides technical due date for all requests from those support for the free Web casts. It also wishing to participate as a panelist at 2 The Philadelphia conference will address offers access to this event via television any of the three technical conferences to transmission planning for entities located within in the Washington, DC area and via August 13, 2009. the Midwest Independent Transmission System phone-bridge for a fee. If you have any The attached agenda contains the Operator, Inc., PJM Interconnection, LLC, New York Independent System Operator, and ISO New questions, visit http:// panelists chosen for the September 21, 2009 Philadelphia, Pennsylvania England Inc. footprints, Mid-Continent Area Power www.CapitolConnection.org or contact Pool/MAPP Participants, and adjacent areas. In the Danelle Perkowski or David Reininger at event a transmission provider is uncertain as to 1 Preventing Undue Discrimination and which technical conference is the appropriate (703) 993–3100. Preference in Transmission Service, Order No. 890, FERC Stats. & Regs. ¶ 31,241, order on reh’g, Order forum for discussion of its planning process, such Transcripts of the presentation will be transmission providers should contact Commission available immediately for a fee from Ace No. 890–A, FERC Stats. & Regs. ¶ 31,261 (2007), order on reh’g, Order No. 890–B, 123 FERC ¶ 61,299 staff in advance to discuss the matter. Lastly, a Reporting Company (202–347–3700 or (2008), order on reh’g, Order No. 890–C, 126 FERC comment date will be set at a later date allowing 1–800–336–6646). ¶ 61,228 (2009). for the filing of post-conference comments.

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47940 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

DEPARTMENT OF ENERGY associated with, but not a part of, the Exempt off-the-record decisional record of the proceeding. communications are included in the Federal Energy Regulatory Unless the Commission determines that decisional record of the proceeding, Commission the prohibited communication and any unless the communication was with a [Docket No. RM98–1–000] responses thereto should become a part cooperating agency as described by 40 of the decisional record, the prohibited CFR 1501.6, made under 18 CFR Records Governing Off-the-Record off-the-record communication will not 385.2201(e)(1)(v). Communications; Public Notice be considered by the Commission in The following is a list of off-the- September 10, 2009. reaching its decision. Parties to a record communications recently This constitutes notice, in accordance proceeding may seek the opportunity to received by the Secretary of the with 18 CFR 385.2201(b), of the receipt respond to any facts or contentions Commission. The communications of prohibited and exempt off-the-record made in a prohibited off-the-record listed are grouped by docket numbers in communications. communication, and may request that ascending order. These filings are Order No. 607 (64 FR 51222, the Commission place the prohibited available for review at the Commission September 22, 1999) requires communication and responses thereto in the Public Reference Room or may be Commission decisional employees, who in the decisional record. The viewed on the Commission’s Web site at make or receive a prohibited or exempt Commission will grant such a request http://www.ferc.gov using the eLibrary off-the-record communication relevant only when it determines that fairness so link. Enter the docket number, to the merits of a contested proceeding, requires. Any person identified below as excluding the last three digits, in the to deliver to the Secretary of the having made a prohibited off-the-record docket number field to access the Commission, a copy of the communication shall serve the document. For assistance, please contact communication, if written, or a document on all parties listed on the summary of the substance of any oral FERC, Online Support at official service list for the applicable [email protected] or toll communication. proceeding in accordance with Rule Prohibited communications are free at (866) 208–3676, or for TTY, included in a public, non-decisional file 2010, 18 CFR 385.2010. contact (202) 502–8659.

Docket No. File date Presenter or requestor

Prohibited: 1. CP09–6–000 ...... 9–10–09 Paul Sansone.1 CP09–7–000 Exempt: 1. CP09–6–000, et al...... 9–9–09 Martha and Allen Neuringer.2 2. CP09–68–000 ...... 8–25–09 Hon. Todd Russell Platts. 3. P–13431–000 ...... 8–25–09 Hon. L. Scott Frantz. 1 E-mail communication. 2 One of seven e-mails sent to Commission staff from: Martha and Allen Neuringer, Debbie Thrall, Nick Engelfried, Dr. Greg Jacob, Pamela Mattson McDonald, Ellen L. Saunders, Mike and Jane Rees.

Kimberly D. Bose, LaFourche Parish, Louisiana, all as more (713) 420–5751 or (713) 420–1601 Secretary. fully set forth in the application, which (facsimile) or Kathy Cash, Principal [FR Doc. E9–22464 Filed 9–17–09; 8:45 am] is on file with the Commission and open Analyst, Certificates & Regulatory BILLING CODE 6717–01–P to public inspection. The filing may also Compliance, at (713) 420–3290 or (713) be viewed on the Web at http:// 420–1605 (facsimile). www.ferc.gov using the ‘‘eLibrary’’ link. Any person may, within 60 days after DEPARTMENT OF ENERGY Enter the docket number excluding the the issuance of the instant notice by the last three digits in the docket number Commission, file pursuant to Rule 214 Federal Energy Regulatory field to access the document. For of the Commission’s Procedural Rules Commission assistance, contact FERC at (18 CFR 385.214) a motion to intervene or notice of intervention. Any person [Docket No. CP09–462–000] [email protected] or call toll-free, (866) 208–3676 or TTY, (202) filing to intervene or the Commission’s Tennessee Gas Pipeline Company; 502–8659. staff may, pursuant to section 157.205 of Notice of Request Under Blanket Specifically, Tennessee proposes to the Commission’s Regulations under the Authorization abandon in place two 9,100 horsepower Natural Gas Act (NGA) (18 CFR 157.205) compressor units that have not been file a protest to the request. If no protest September 10, 2009. necessary to provide transportation is filed within the time allowed Take notice that on September 4, services to Tennessee’s customers for therefore, the proposed activity shall be 2009, Tennessee Gas Pipeline Company several years. Tennessee states that deemed to be authorized effective the (Tennessee), 1001 Louisiana Street, neither of the units have been used to day after the time allowed for protest. If Houston, Texas 77002, filed in Docket provide transportation services since a protest is filed and not withdrawn No. CP09–462–000, a prior notice March 2004, principally due to recent within 30 days after the time allowed request pursuant to sections 157.205 declines in production. for filing a protest, the instant request and 157.216 of the Federal Energy Any questions regarding the shall be treated as an application for Regulatory Commission’s regulations application should be directed to Susan authorization pursuant to section 7 of under the Natural Gas Act for T. Halbach, Senior Counsel, Tennessee the NGA. authorization to abandon in place two Gas Pipeline Company, 1001 Louisiana The Commission strongly encourages compressor units, located near Leeville, Street, Houston, Texas 77002, or call at electronic filings of comments, protests,

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47941

and interventions via the Internet in lieu National Fuel states that due to Pipeline Project. Staff will examine of paper. See 18 CFR 385.2001(a) (1)(iii) inadvertence, a landowner notification specific locations along the proposed and the instructions on the letter was not sent out within three pipeline route variations filed by Commission’s Web site (http:// business days following the date that Oregon Pipeline Company on July 30, www.ferc.gov) under the ‘‘e-Filing’’ link. the docket number was assigned. 2009, focusing on crossing locations of National Fuel requests that the Kimberly D. Bose, streams, wetlands, and riparian areas. Commission issue a second notice to Staff will also examine selected areas Secretary. restart the 60-day protest period. [FR Doc. E9–22466 Filed 9–17–09; 8:45 am] where the proposed Oregon LNG Any questions regarding the Pipeline and Palomar Pipeline routes BILLING CODE 6717–01–P application should be directed to David would be parallel. This will assist staff W. Reitz, Deputy General Counsel, in completing its comparative National Fuel Gas Supply Corporation, evaluation of environmental impacts of DEPARTMENT OF ENERGY 6363 Main Street, Williamsville, New the two routes. Viewing of these areas York 14221, or call at (716) 857–7949. Federal Energy Regulatory is anticipated to be from public access Commission Any person may, within 60 days after the issuance of the instant notice by the points. In addition, staff will travel to [Docket No. CP09–452–000] Commission, file pursuant to Rule 214 the proposed LNG terminal site in of the Commission’s Procedural Rules Clatsop County, Oregon to evaluate National Fuel Gas Supply Corporation; (18 CFR 385.214) a motion to intervene issues regarding access to the LNG Notice of Request Under Blanket or notice of intervention. Any person terminal and impacts on nearby Authorization filing to intervene or the Commission’s industrial facilities. September 10, 2009. staff may, pursuant to section 157.205 of All interested parties planning to Take notice that on August 5, 2009, the Commission’s Regulations under the attend must provide their own National Fuel Gas Supply Corporation Natural Gas Act (NGA) (18 CFR 157.205) transportation. Those attending should (National Fuel), 6363 Main Street, file a protest to the request. If no protest meet at the following locations: is filed within the time allowed Williamsville, New York 14221, filed in • Tuesday, September 15, 2009 at 3 Docket No. CP09–452–000, a prior therefore, the proposed activity shall be deemed to be authorized effective the p.m. (PST) meet at the Molalla Gate notice request pursuant to sections Station, 10405 South Barnards Road 157.205 and 157.216 of the Federal day after the time allowed for protest. If a protest is filed and not withdrawn (between Dryland Road and Elisha Energy Regulatory Commission’s Road), and Molalla, Oregon. regulations under the Natural Gas Act within 30 days after the time allowed • for authorization to abandon certain for filing a protest, the instant request Wednesday, September 16, 2009 at minor underground natural gas storage shall be treated as an application for 8 a.m. (PST) meet at the Red Lion Hotel facilities, located in Jefferson County, authorization pursuant to section 7 of Parking Lot, 2535 NE Cumulus Ave, Pennsylvania, all as more fully set forth the NGA. McMinnville, Oregon. The Commission strongly encourages in the application, which is on file with • Thursday, September 17, 2009 at 8 electronic filings of comments, protests, the Commission and open to public a.m. (PST) meet near the LNG terminal and interventions via the internet in lieu inspection. The filing may also be site entrance (intersection of Harbor viewed on the Web at http:// of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Drive and King Avenue) in Warrenton, www.ferc.gov using the ‘‘eLibrary’’ link. Oregon. Enter the docket number excluding the Commission’s Web site (http:// last three digits in the docket number www.ferc.gov) under the ‘‘e-Filing’’ link. Please use the FERC’s free eSubscription service to keep track of all field to access the document. For Kimberly D. Bose, formal issuances and submittals in these assistance, contact FERC at Secretary. dockets. This can reduce the amount of [email protected] or call [FR Doc. E9–22472 Filed 9–17–09; 8:45 am] toll-free, (866) 208–3676 or TTY, (202) time you spend researching proceedings BILLING CODE 6717–01–P 502–8659. by automatically providing you with Specifically, National Fuel proposes notification of these filings, document to plug and abandon one injection/ DEPARTMENT OF ENERGY summaries, and direct links to the withdrawal well, Well 4885 and to documents. To register for this service, abandon the associated well line GW– Federal Energy Regulatory go to http://www.ferc.gov/ 4885, consisting of approximately 500 Commission esubscribenow.htm. feet of 4-inch diameter pipeline, in the Information about specific onsite Galbraith Storage Field, located in [Docket No. CP09–6–000; Docket No. CP09– 7–000] environmental reviews is posted on the Jefferson County, Pennsylvania. Commission’s calendar at http:// National Fuel states that the well is no LNG Development Company, LLC; www.ferc.gov/EventCalendar/ longer useful due to poor injection Oregon Pipeline Company, LLC; performance and poor deliverability and EventsList.aspx. For additional Supplemental Notice of Onsite information contact Office of External needs to be reconditioned or plugged Environmental Review due to deterioration of the well casing. Affairs at 1–866–208–FERC (3372). National Fuel declares that the well line September 10, 2009. Kimberly D. Bose, will serve no purpose once the well is On September 15, 16, and 17, 2009, Secretary. plugged and abandoned. National Fuel the Office of Energy Projects staff will be asserts that due to the poor performance in Clackamas, Marion, Yamhill, [FR Doc. E9–22467 Filed 9–17–09; 8:45 am] of Well 4885, the proposed Washington, Columbia and Clatsop BILLING CODE 6717–01–P abandonment will not result in a Counties, Oregon to gather data related material decrease in service to to the environmental analysis of the customers. proposed Oregon LNG Terminal and

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47942 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

ENVIRONMENTAL PROTECTION which are addressed in the ICR. Any scientists to detect trace amounts of AGENCY additional comments on this ICR should chemicals that are commonly used in be submitted to EPA and OMB within homes in the environment. These so- [EPA–HQ–ORD–2009–0114; FRL–8959–5] 30 days of this notice. called ‘‘emerging contaminants’’ are Agency Information Collection EPA has established a public docket chemicals, such as pharmaceuticals, Activities; Submission to OMB for for this ICR under Docket ID No. EPA– personal care products, detergents and Review and Approval; Comment HQ–ORD–2009–0114, which is even endogenous hormones, which are Request; Questionnaire for Drinking available for online viewing at http:// either excreted from or washed off the Water Utilities Participating in www.regulations.gov, or in person body, and enter the wastewater viewing at the Research and Emerging Contaminant Sampling treatment system. Wastewater treatment Development Docket in the EPA Docket Program (New); EPA ICR No. 2346.01 is not designed to specifically remove Center (EPA/DC), EPA West, Room OMB Control No. 2080—NEW these chemicals, so a portion of the 3334, 1301 Constitution Ave., NW., chemicals remain in wastewater AGENCY: Environmental Protection Washington, DC. The EPA/DC Public treatment plant (WWTP) effluents. Agency (EPA). Reading Room is open from 8:30 a.m. to WWTP effluents are commonly released ACTION: Notice. 4:30 p.m., Monday through Friday, into surface waters. Natural processes excluding legal holidays. The telephone such as photolysis, sorption, SUMMARY: In compliance with the number for the Reading Room is 202– volatilization, degradation, and simple Paperwork Reduction Act (PRA)(44 566–1744, and the telephone number for dilution further attenuate the U.S.C. 3501 et seq.), this document the Research and Development Docket concentrations of emerging announces that an Information is 202–566–1752. contaminants. However, if a Drinking Collection Request (ICR) has been Use EPA’s electronic docket and Water Treatment Plant (DWTP) intake is forwarded to the Office of Management comment system at http:// located downstream of a WWTP effluent and Budget (OMB) for review and www.regulations.gov, to submit or view outfall, there is a potential for these approval. This is a request for a new public comments, access the index chemicals to be present in finished collection. The ICR, which is abstracted listing of the contents of the docket, and drinking water. below, describes the nature of the to access those documents in the docket The USEPA’s Office of Research and information collection and its estimated that are available electronically. Once in Development, in collaboration with the the system, select ‘‘docket search,’’ then burden and cost. U.S. Geological Survey (USGS), is key in the docket ID number identified DATES: Additional comments may be conducting a sampling program at up to above. Please note that EPA’s policy is submitted on or before October 19, 50 DWTPs to determine the presence of that public comments, whether 2009. these emerging contaminants in both the submitted electronically or in paper, source water and finished drinking ADDRESSES: Submit your comments, will be made available for public water. To better interpret the results of referencing Docket ID No. EPA–HQ– viewing at http://www.regulations.gov the sampling program, detailed ORD–2009–0114, to (1) EPA online as EPA receives them and without information concerning the operation of using http://www.regulations.gov (our change, unless the comment contains the DWTP at the time of sampling is preferred method), by e-mail copyrighted material, confidential required. This information can only be [email protected], or by mail to: EPA business information (CBI), or other gathered through a questionnaire that is Docket Center, Environmental information whose public disclosure is completed concurrent to the collection Protection Agency, Office of Research restricted by statute. For further event. The questionnaire will collect and Development Docket, Mail Code information about the electronic docket, information on the following: 28221T, 1200 Pennsylvania Ave., NW., go to http://www.regulations.gov. • Washington, DC 20460, and (2) OMB by Title: Questionnaire for Drinking The population served by the mail to: Office of Information and DWTP; Water Utilities Participating in • Regulatory Affairs, Office of Emerging Contaminant Sampling The source water, potential sources Management and Budget (OMB), Program (New). of pollution and current hydraulic Attention: Desk Officer for EPA, 725 ICR numbers: EPA ICR No. 2346.01, conditions; • 17th Street, NW., Washington, DC OMB Control No. 2080–NEW. Detailed treatment steps used by the 20503. ICR Status: This ICR is for a new DWTP, including parameters such as information collection activity. An pumpage at sampling, disinfectants FOR FURTHER INFORMATION CONTACT: Agency may not conduct or sponsor, used, and distribution system Susan T. Glassmeyer, Ph.D., and a person is not required to respond information; Environmental Protection Agency, to, a collection of information, unless it • Detailed water quality parameters at Office of Research and Development, displays a currently valid OMB control the time of sampling. National Exposure Research Laboratory, number. The OMB control numbers for The DWTPs involved in this project 26 W. Martin Luther King Dr, MS 564, EPA’s regulations in title 40 of the CFR, will ship samples of their source water Cincinnati, OH 45268; telephone after appearing in the Federal Register and finished water to the USEPA and number: 513–569–7526; fax number when approved, are listed in 40 CFR USGS laboratories. All sampling 513–569–7757; e-mail address: part 9, are displayed either by supplies and paid shipping vouchers [email protected]. publication in the Federal Register or will be provided to the DWTPs. The SUPPLEMENTARY INFORMATION: EPA has by other appropriate means, such as on samples will be analyzed by the USEPA submitted the following ICR to OMB for the related collection instrument or and USGS for a suite of approximately review and approval according to the form, if applicable. The display of OMB 200 emerging chemical and microbial procedures prescribed in 5 CFR 1320.12. control numbers in certain EPA contaminants. A detailed listing of the On April 8, 2009 (74 FR 15965), EPA regulations is consolidated in 40 CFR analytes, as well as the methods to be sought comments on this ICR pursuant part 9. used can be found in public docket for to 5 CFR 1320.8(d). EPA received three Abstract: Improvements in analytical this ICR under Docket ID No. EPA–HQ– comments during the comment period, chemistry instrumentation have allowed ORD–2009–0114.

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47943

Burden Statement: The annual public Draft EISs EIS No. 20090320, Draft EIS, AFS, OR, reporting and recordkeeping burden for EIS No. 20090229, ERP No. D–NPS– EXF Thinning, Fuel Reduction, and this collection of information is E65084–FL, Big Cypress National Research Project, Proposal for estimated to average 20 hours per Preserve Addition, General Vegetation Management and Fuel response. Burden means the total time, Management Plan/Wilderness Study/ Reduction within the Lookout effort, or financial resources expended Off-Road Vehicle Management Plan, Mountain Unit of the Pringle Falls by persons to generate, maintain, retain, Implementation, Collier County, FL. Experimental Forest, Bend/Ft. Rock or disclose or provide information to or Ranger District, Deschutes National for a Federal agency. This includes the Summary: EPA expressed Forest, Deschutes County, OR, time needed to review instructions; environmental concerns about surface Comment Period Ends: 11/02/2009, develop, acquire, install, and utilize water and wetland impacts, and Contact: Beth Peer 541–383–4769. technology and systems for the purposes recommended that the final EIS include EIS No. 20090321, Final EIS, SFW, AK, of collecting, validating, and verifying a cumulative impact analysis for the Kenai National Wildlife Refuge Draft information, processing and entire Big Cypress National Preserve. Revised Comprehensive Conservation maintaining information, and disclosing Rating EC2. Plan, Implementation, AK, Wait and providing information; adjust the EIS No. 20090246, ERP No. D–AFS– Period Ends: 10/19/2009, Contact: existing ways to comply with any K65376–CA, Eddy Gulch Late- Peter Wikoff 907–786–3357. previously applicable instructions and Successional Reserve Fuels/Habitat EIS No. 20090322, Final EIS, AFS, ID, requirements which have subsequently Protection Project, To Protect Late- Salmon-Challis National Forest changed; train personnel to be able to Successional Habitat used by the (SCNF), Proposes Travel Planning and respond to a collection of information; Northern Spotted Owl and Other Late- OHV Route Designation, Lemhi, search data sources; complete and Successional-Dependent Species, Custer and Butte Counties, ID, Wait review the collection of information; Salmon River and Scott River Ranger Period Ends: 10/19/2009, Contact: and transmit or otherwise disclose the District, Klamath National Forest, Karen Gallogly 208–756–5103. information. Siskiyou County, CA. EIS No. 20090323, Draft EIS, FHW, NV, Respondents/Affected Entities: Summary: EPA requested additional I–15 Corridor Improvement and Local Drinking Water Treatment Plants information regarding a smoke Arterial Improvements Project, (DWTPs) participating in a EPA/USGS management plan, worker exposure to Collectively Known as Project NEON, sampling program. naturally occurring asbestos, the Estimated Number of Respondents: To Improve the Safety and Travel Wildland-Urban Interface (WUI), and Efficiency in the I–15 Corridor, City of 50. noxious weeds. Rating EC2. Frequency of Response: Once. Las Vegas, Clark County, NV, Estimated Total Annual Hour Burden: Final EISs Comment Period Ends: 11/06/2009, 1,000. Contact: Abdelmoez Abdalla Estimated Total Annual Cost: EIS No. 20090284, ERP No. F–ARD– 775–687–1204. L65578–WA, Adoption—White Pass $29,735, includes $250 annualized Amended Notices capital or O&M costs. Expansion Master Development Plan, Changes in the Estimates: Because Implementation, Naches Ranger EIS No. 20090225, Draft EIS, AFS, ND, this is a new ICR, there is no burden District, Okanogan-Wenatchee North Billings County Allotment currently identified in the OMB National Forests and Cowlitz Valley Management Plan Revisions, Proposes Inventory of Approved ICR Burdens. Ranger District, Gifford Pinchot to Continue to Permit Livestock National Forest, Yakima and Lewis Dated: September 15, 2009. Grazing on 43 Allotments, Medora Counties, WA. Ranger District, Dakota Prairie John Moses, Summary: No formal comment letter Grasslands, Billings County, ND, Director, Collection Strategies Division. was sent to the preparing agency. Comment Period Ends: 10/13/2009, [FR Doc. E9–22569 Filed 9–17–09; 8:45 am] Dated: September 15, 2009. Contact: Jeff Adams 701–227–7800. BILLING CODE 6560–50–P Revision to FR Notice Published 07/ Robert W. Hargrove, 10/2009: Extending Comment Period Director, NEPA Compliance Division, Office from 08/24/2009 to 10/10/2009. ENVIRONMENTAL PROTECTION of Federal Activities. AGENCY EIS No. 20090309, Final EIS, FTA, CO, [FR Doc. E9–22529 Filed 9–17–09; 8:45 am] East Corridor Project, Proposes [ER–FRL–8597–5] BILLING CODE 6560–50–P Commuter Rail Transit from downtown Denver to International Environmental Impact Statements and Airport (DIA), Denver, Adams, ENVIRONMENTAL PROTECTION Regulations; Availability of EPA Arapahoe, Jefferson and Douglas AGENCY Comments Counties, CO, Wait Period Ends: 10/ Availability of EPA comments [ER–FRL–8597–4] 05/2009, Contact: David Beckhouse prepared pursuant to the Environmental 720–963–3306. Revision to FR Notice Review Process (ERP), under section Environmental Impacts Statements; Published 09/04/2009: Correction to 309 of the Clean Air Act and Section Notice of Availability the State from MO to CO. 102(2)(c) of the National Environmental EIS No. 20090316, Final EIS, FAA, 00, Policy Act as amended. Requests for Responsible Agency: Office of Federal PROGRAMMATIC—Streamlining the copies of EPA comments can be directed Activities, General Information (202) Processing of Experimental Permit to the Office of Federal Activities at 564–1399 or http://www.epa.gov/ Applications, Issuing Experimental 202–564–7146. An explanation of the compliance/nepa/. Permits for the Launch and Reentry of ratings assigned to draft environmental Weekly receipt of Environmental Impact Useable Suborbital Rockets, Wait impact statements (EISs) was published Statements Period Ends: 10/13/2009, Contact: in the Federal Register dated July 17, Filed 09/07/2009 Through 09/11/2009 Daniel Czelusniak 202–267–5924. 2009 (74 FR 34754). Pursuant to 40 CFR 1506.9. Revision to FR Notice Published

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47944 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

09/11/2009: Correction to Federal Philadelphia, Pennsylvania 19105– (2) the accuracy of the estimated Agency from FTA to FAA. 1521: burden; (3) ways to enhance the quality, EIS No. 20090318, Draft EIS, USA, WA, 1. Jay Sidhu, Mohnton, Pennsylvania; utility, and clarity of the information to Fort Lewis Army Growth and Force to acquire voting shares of New Century be collected; and (4) the use of Structures Realignment, Bank, Phoenixville, Pennsylvania. automated collection techniques or Implementation, Fort Lewis and B. Federal Reserve Bank of San other forms of information technology to Yakima Training Center, Kittitas, Francisco (Kenneth Binning, Vice minimize the information collection Pierce, Thurston and Yakima President, Applications and burden. Counties, WA, Comment Period Ends: Enforcement) 101 Market Street, San To obtain copies of the supporting 10/26/2009, Contact: B. Van Hoesen Francisco, California 94105–1579: statement and any related forms for the 253–966–1780. Revision to FR Notice 1. Astrid Salim, Singapore, and Axton proposed paperwork collections Published 09/11/2009: Correction to Salim, Jakarta, Indonesia; to referenced above, e-mail your request, Title. individually acquire voting shares of including your address, phone number, GBC Holdings, Inc., and thereby OMB number, and OS document Dated: September 15, 2009. indirectly acquire voting shares of GBC Robert W. Hargrove, identifier, to International Bank, both of Los Angeles, [email protected], or call Director, NEPA Compliance Division, Office California. of Federal Activities. the Reports Clearance Office on (202) Board of Governors of the Federal Reserve [FR Doc. E9–22530 Filed 9–17–09; 8:45 am] 690–5683. Send written comments and System, September 15, 2009. recommendations for the proposed BILLING CODE 6560–50–P Robert deV. Frierson, information collections within 30 days Deputy Secretary of the Board. of this notice directly to the OS OMB [FR Doc. E9–22489 Filed 9–17–09; 8:45 am] Desk Officer; faxed to OMB at 202–395– FEDERAL RESERVE SYSTEM BILLING CODE 6210–01–S 5806. Change in Bank Control Notices; Proposed Project: Uniform Acquisition of Shares of Bank or Bank Administrative Requirements for Grants Holding Companies DEPARTMENT OF HEALTH AND and Cooperative Agreements to State HUMAN SERVICES and Local Governments (Extension)— The notificants listed below have OMB No. 0990–0169—Office of Grants, applied under the Change in Bank [Document Identifier: OS–0990–0169; 30- ASRT, OS. day notice] Control Act (12 U.S.C. 1817(j)) and Abstract: The information collection § 225.41 of the Board’s Regulation Y (12 Agency Information Collection is for pre-award, post-award, and CFR 225.41) to acquire a bank or bank Request. 30–Day Public Comment subsequent reporting and recordkeeping holding company. The factors that are Request requirements for grants and cooperative considered in acting on the notices are agreements. The information collected set forth in paragraph 7 of the Act (12 AGENCY: Office of the Secretary, HHS. is necessary to award, monitor, close out U.S.C. 1817(j)(7)). In compliance with the requirement and manage grant programs, ensure The notices are available for of section 3506(c)(2)(A) of the minimum fiscal control and immediate inspection at the Federal Paperwork Reduction Act of 1995, the accountability for Federal funds and Reserve Bank indicated. The notices Office of the Secretary (OS), Department deter fraud, waste, and abuse. HHS also will be available for inspection at of Health and Human Services, is needs this information to meet its the office of the Board of Governors. publishing the following summary of a Federal stewardship responsibilities. Interested persons may express their proposed collection for public The authorization for the collection of views in writing to the Reserve Bank comment. Interested persons are invited information is under the Department of indicated for that notice or to the offices to send comments regarding this burden Health and Human Services regulation of the Board of Governors. Comments estimate or any other aspect of this 45 CFR part 92, ‘‘Uniform must be received not later than October collection of information, including any Administrative Requirements for Grants 5, 2009. of the following subjects: (1) The and Cooperative Agreements to State A. Federal Reserve Bank of necessity and utility of the proposed and Local Governments.’’ The requested Philadelphia (Michael E. Collins, Senior information collection for the proper extension is for 3 years. Respondents are Vice President) 100 North 6th Street, performance of the agency’s functions; State, local and tribal governments.

ESTIMATED ANNUALIZED BURDEN TABLE

Number of Average Type of respondent Number of responses per burden hours Total respondents respondent per response burden hours

State, Local and Tribal Governments ...... 4,000 1 70 280,000

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47945

Seleda Perryman, (2) the accuracy of the estimated this assessment will examine the extent Office of the Secretary, Paperwork Reduction burden; (3) ways to enhance the quality, to which organizations previously Act Reports Clearance Officer. utility, and clarity of the information to funded under OWH’s Multidisciplinary [FR Doc. E9–22563 Filed 9–17–09; 8:45 am] be collected; and (4) the use of Health Care Models for Women BILLING CODE 4150–24–P automated collection techniques or (MHMW) effort have sustained or other forms of information technology to enhanced the core components of the minimize the information collection program after OWH funding ended, and DEPARTMENT OF HEALTH AND burden. identify factors that have facilitated or HUMAN SERVICES To obtain copies of the supporting inhibited sustainability at MHMW statement and any related forms for the program sites. [Document Identifier: OS–0990–; 30-day proposed paperwork collections This assessment is designed to collect notice] referenced above, e-mail your request, data from 48 MHMW program sites Agency Information Collection including your address, phone number, through four methods: (1) Abstraction of Request: 30-Day Public Comment OMB number, and OS document administrative data from grant and Request identifier, to contract documents to establish a [email protected], or call baseline understanding of each site, (2) AGENCY: Office of the Secretary, HHS. the Reports Clearance Office on (202) a Web-based survey of key program staff In compliance with the requirement 690–5683. Send written comments and at each site to determine the extent to of section 3506(c)(2)(A) of the recommendations for the proposed which the five core components were Paperwork Reduction Act of 1995, the information collection within 30 days of implemented, (3) key informant Office of the Secretary (OS), Department this notice directly to the OS OMB Desk interviews with core program staff, and/ of Health and Human Services, is Officer; faxed to OMB at 202–395–5806. or other types of staff as necessary, to publishing the following summary of a Proposed Project: Multidisciplinary better understand the factors that proposed collection for public Health Care Models for Women influenced implementation and comment. Interested persons are invited Sustainability Assessment Survey— sustainability, and (4) in-person visits to to send comments regarding this burden OMB No. 0990–NEW–Office of the 12 sites to collect in-depth information estimate or any other aspect of this Secretary/Office on Women’s Health from additional types of staff, collection of information, including any (OWH). community partners, and clients. OWH of the following subjects: (1) The Abstract: The goal of this assessment is seeking approval from the Office of necessity and utility of the proposed is to identify and measure the key Management and Budget (OMB) for the information collection for the proper components of sustainability of Web-based survey and the key performance of the agency’s functions; federally funded programs. Specifically, informant interviews.

ESTIMATED ANNUALIZED BURDEN TABLE

Average Number of Number of burden Total burden Type of respondent Form respondents responses per per response hours respondent (hours)

Key Site Staff ...... Web-based survey (Attachment A) .. 48 1 95/60 76 Site Staff and Community Partners .. Telephone Interview (Attachment B) 48 1 90/60 72

Total ...... 148

Seleda Perryman, Services (CMS) is publishing the Funds Transfer Authorization Office of the Secretary, Paperwork Reduction following summary of proposed Agreement; Use: Section 1815(a) of the Act Reports Clearance Officer. collections for public comment. Social Security Act provides the [FR Doc. E9–22564 Filed 9–17–09; 8:45 am] Interested persons are invited to send authority for the Secretary of Health and BILLING CODE 4150–33–P comments regarding this burden Human Services to pay providers/ estimate or any other aspect of this suppliers of Medicare services at such collection of information, including any time or times as the Secretary DEPARTMENT OF HEALTH AND of the following subjects: (1) The determines appropriate (but no less HUMAN SERVICES necessity and utility of the proposed frequently than monthly). Under information collection for the proper Centers for Medicare & Medicaid Medicare, CMS, acting for the Secretary, performance of the agency’s functions; Services contracts with Fiscal Intermediaries and (2) the accuracy of the estimated Carriers to pay claims submitted by [Document Identifier: CMS–588] burden; (3) ways to enhance the quality, providers/suppliers who furnish utility, and clarity of the information to services to Medicare beneficiaries. Agency Information Collection be collected; and (4) the use of Under CMS’ payment policy, Medicare Activities: Proposed Collection; automated collection techniques or providers/suppliers have the option of Comment Request other forms of information technology to receiving payments electronically. Form AGENCY: Centers for Medicare & minimize the information collection number CMS–588 authorizes the use of Medicaid Services. burden. electronic fund transfers (EFTs). Form In compliance with the requirement 1. Type of Information Collection Number: CMS–588 (OMB#: 0938–0626); of section 3506(c)(2)(A) of the Request: Extension of a currently Frequency: Reporting—On occasion; Paperwork Reduction Act of 1995, the approved collection; Title of Affected Public: Business or other for- Centers for Medicare & Medicaid Information Collection: Electronic profit and Not-for-profit institutions;

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47946 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

Number of Respondents: 100,000; Total to the Office of Management and Budget meeting training criteria in OSHA’s Annual Responses: 100,000; Total (OMB) a request to review and approve Hazardous Waste Operations and Annual Hours: 100,000. (For policy the information collection listed below. Emergency Response Regulations (29 questions regarding this collection This proposed information collection CFR 1910.120). As a cooperative contact Kim McPhillips at 410–786– was previously published in the Federal agreement, there are additional 5374. For all other issues call 410–786– Register on April 14, 2009, pages requirements for the progress report 1326.) 17195–17196, and allowed 60 days for section of the application. Grantees are To obtain copies of the supporting public comment. No public comments to provide their information in hard statement and any related forms for the were received. The purpose of this copy as well as enter information into proposed paperwork collections notice is to allow an additional 30 days the WETP Grantee Data Management referenced above, access CMS’ Web Site for public comment. The National System. The information collected is at http://www.cms.hhs.gov/ Institutes of Health may not conduct or used by the Director through officers, PaperworkReductionActof1995, or E- sponsor, and the respondent is not employees, experts, and consultants to mail your request, including your required to respond to, an information evaluate applications based on technical address, phone number, OMB number, collection that has been extended, merit to determine whether to make and CMS document identifier, to revised, or implemented on or after awards. Frequency of Response: [email protected], or call the October 1, 1995 unless it displays a Biannual. Affected Public: Non-profit Reports Clearance Office on (410) 786– currently valid OMB control number. organizations. Type of Respondents: 1326. Proposed Collection: Title: Hazardous Grantees. The annual reporting burden In commenting on the proposed Waste Worker Training—42 CFR Part is as follows: Estimated Number of information collections please reference 65. Type of Information Collection Respondents: 18; Estimated Number of the document identifier or OMB control Request: Revision of OMB No. 0925– Responses per Respondent: 2; Average number. To be assured consideration, 0348, expiration date September 30, Burden Hours Per Response: 14; and comments and recommendations must 2009. Need and Use of Information Estimated Total Annual Burden Hours be submitted in one of the following Collection: This request for OMB review Requested: 504. The annualized cost to respondents is estimated at: $16,380. ways November 17, 2009: and approval of the information There are no Capital Costs, Operating 1. Electronically. You may submit collection is required by regulation 42 Costs and/or Maintenance Costs to your comments electronically to CFR part 65(a)(6). The National Institute report. http://www.regulations.gov. Follow the of Environmental Health Sciences instructions for ‘‘Comment or Request for Comments: Written (NIEHS) has been given major comments and/or suggestions from the Submission’’ or ‘‘More Search Options’’ responsibility for initiating a worker to find the information collection public and affected agencies are invited safety and health training program on one or more of the following points: document(s) accepting comments. under Section 126 of the Superfund 2. By regular mail. You may mail (1) Whether the proposed collection of Amendments and Reauthorization Act written comments to the following information is necessary for the proper of 1986 (SARA) for hazardous waste address: CMS, Office of Strategic performance of the function of the workers and emergency responders. A Operations and Regulatory Affairs, agency, including whether the network of non-profit organizations that Division of Regulations Development, information will have practical utility; are committed to protecting workers and Attention: Document Identifier/OMB (2) The accuracy of the agency’s their communities by delivering high- Control Number, Room C4–26–05, 7500 estimate of the burden of the proposed quality, peer-reviewed safety and health Security Boulevard, Baltimore, collection of information, including the curricula to target populations of Maryland 21244–1850. validity of the methodology and hazardous waste workers and assumptions used; (3) Ways to enhance Dated: September 11, 2009. emergency responders has been the quality, utility, and clarity of the Michelle Shortt, developed. In twenty-one years (FY information to be collected; and (4) Director, Regulations Development Group, 1987–2008), the NIEHS Worker Training Ways to minimize the burden of the Office of Strategic Operations and Regulatory program has successfully supported 20 collection of information on those who Affairs. primary grantees that have trained more are to respond, including the use of [FR Doc. E9–22561 Filed 9–17–09; 8:45 am] than 2.2 million workers across the appropriate automated, electronic, BILLING CODE 4120–01–P country and presented over 130,250 mechanical, or other technological classroom and hands-on training collection techniques or other forms of courses, which have accounted for information technology. DEPARTMENT OF HEALTH AND nearly 30 million contact hours of actual Direct Comments to OMB: Written HUMAN SERVICES training. Generally, the grant will comments and/or suggestions regarding initially be for one year, and subsequent the item(s) contained in this notice, National Institutes of Health continuation awards are also for one especially regarding the estimated National Institute of Environmental year at a time. Grantees must submit a public burden and associated response Health Sciences; Division of separate application to have the support time, should be directed to the: Office Extramural Research and Training; continued for each subsequent year. of Management and Budget, Office of Grantees are to provide information in Regulatory Affairs, Submission for OMB Review; _ Comment Request; Hazardous Waste accordance with S65.4(a), (b), (c) and OIRA [email protected] or by Worker Training—42 CFR Part 65 65.6(b) on the nature, duration, and fax to 202–395–6974, Attention: Desk purpose of the training, selection Officer for NIH. To request more SUMMARY: Under the provisions of criteria for trainees’ qualifications and information on the proposed project or Section 3507(a)(1)(D) of the Paperwork competency of the project director and to obtain a copy of the data collection Reduction Act of 1995, the National staff, cooperative agreements in the case plans and instruments, contact: Joseph Institute of Environmental Health of joint applications, the adequacy of T. Hughes, Jr., Director, Worker Sciences (NIEHS), the National training plans and resources, including Education and Training Program, Institutes of Health (NIH) has submitted budget and curriculum, and response to Division of Extramural Research and

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47947

Training, NIEHS, P.O. Box 12233, preventive and primary care services to guidance applies to therapeutic cancer Research Triangle Park, NC 27709 or patients regardless of their ability to vaccines that are intended to be call non-toll-free number (919) 541– pay. The purpose of the recently administered to patients with an 0217 or E-mail your request, including published draft PIN is (a) To convey and existing cancer for the purpose of your address to [email protected]. clarify HRSA’s policy regarding Health treatment. The draft guidance does not Comments Due Date: Comments Center Program statutory and regulatory apply to products intended to be regarding this information collection are governance requirements for all Health administered to patients to prevent or best assured of having their full effect if Center Program grantees (e.g., health decrease the incidence of cancer and received within 30 days of the date of centers funded under section 330(e), (g), does not apply to adoptive this publication. (h) and (i) of the Public Health Service immunotherapeutic products such as T Dated: September 9, 2009. (PHS) Act, as amended) and FQHC cell or NK cell products. Christopher W. Long, Look-Alikes (per section 1905(l)(2)(B) DATES: Although you can comment on NIEHS Deputy Associate Director for and section 1861(aa)(4) of the Social any guidance at any time (see 21 CFR Management. Security Act.); (b) provide clarification 10.115(g)(5)), to ensure that the agency [FR Doc. E9–22567 Filed 9–17–09; 8:45 am] regarding board requirements for public considers your comment on this draft guidance before it begins work on the BILLING CODE 4140–01–P centers under co-applicant arrangements, including public centers final version of the guidance, submit funded or designated solely under written or electronic comments on the DEPARTMENT OF HEALTH AND sections 330(g), 330(h) and/or 330(i) of draft guidance by December 17, 2009. HUMAN SERVICES the PHS Act, as amended to serve ADDRESSES: Submit written requests for special populations; and (c) outline the single copies of the draft guidance to the Health Resources and Services eligibility and qualifying expectations Office of Communication, Outreach and Administration for HRSA approval of a governance Development (HFM–40), Center for waiver for the fifty-one percent Biologics Evaluation and Research Notice of Availability of Draft Policy consumer/patient majority governance (CBER), Food and Drug Administration, Documents for Comment requirement for eligible section 330 1401 Rockville Pike, suite 200N, AGENCY: Health Resources and Services grantees and FQHC Look-Alikes. The Rockville, MD 20852–1448. Send one Administration (HRSA), HHS. PIN eliminates the monthly meeting self-addressed adhesive label to assist requirement from waiver consideration. ACTION: This is a Notice of Availability the office in processing your requests. and request for comments on a draft FOR FURTHER INFORMATION CONTACT: For The draft guidance may also be obtained Agency Guidance (‘‘Policy Information questions regarding this notice, please by mail by calling CBER at 1–800–835– Notices’’ (PINs)) to convey and clarify contact the Office of Policy and Program 4709 or 301–827–1800. See the statutory and regulatory governance Development, Bureau of Primary Health SUPPLEMENTARY INFORMATION section for requirements for federally-funded Care, HRSA, at 301–594–4300. electronic access to the draft guidance document. health centers and Federally Qualified Dated: September 11, 2009. Submit written comments on the draft Health Center (FQHC) Look-Alikes. The Mary K. Wakefield, PIN, ‘‘Health Center Governance guidance to the Division of Dockets Administrator. Management (HFA–305), Food and Drug Requirements and Expectations’’ is [FR Doc. E9–22444 Filed 9–17–09; 8:45 am] available on the Internet at http:// Administration, 5630 Fishers Lane, rm. BILLING CODE 4165–15–P bphc.hrsa.gov/draftsforcomment/ 1061, Rockville, MD 20852. Submit governance/draftgovernancepin.htm. electronic comments to http:// www.regulations.gov. DEPARTMENT OF HEALTH AND DATES: Comments must be received by HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: Lori October 26, 2009. Jo Churchyard, Center for Biologics ADDRESSES: Comments should be Food and Drug Administration Evaluation and Research (HFM–17), submitted to Food and Drug Administration, 1401 by close of business October 26, 2009. [Docket No. FDA–2009–D–0427] Rockville Pike, suite 200N, Rockville, SUMMARY: HRSA believes that Draft Guidance for Industry: Clinical MD 20852–1448, 301–827–6210. community input is valuable to the Considerations for Therapeutic Cancer SUPPLEMENTARY INFORMATION: development of policies and policy Vaccines; Availability documents related to the I. Background implementation of HRSA programs, AGENCY: Food and Drug Administration, FDA is announcing the availability of including the Health Center Program. HHS. a draft document entitled ‘‘Guidance for Therefore, we are requesting comments ACTION: Notice. Industry: Clinical Considerations for on the PIN referenced above. Comments Therapeutic Cancer Vaccines’’ dated will be reviewed and analyzed, and a SUMMARY: The Food and Drug September 2009. The draft guidance summary and general response will be Administration (FDA) is announcing the document provides recommendations to published as soon as possible after the availability of a draft document entitled sponsors who wish to submit an IND for deadline for receipt of comments. ‘‘Guidance for Industry: Clinical a therapeutic cancer vaccine on critical Background: HRSA administers the Considerations for Therapeutic Cancer clinical considerations for early and late Health Center Program, which supports Vaccines’’ dated September 2009. The phase investigational studies intended more than 7,500 health care delivery draft guidance document provides to support a biologics license sites, including community health recommendations to sponsors who wish application. Development of a centers, migrant health centers, health to submit an Investigational New Drug therapeutic cancer vaccine can present care for the homeless centers, and application (IND) for a therapeutic different considerations for clinical trial public housing primary care centers. cancer vaccine on critical clinical design than development of a traditional Health centers serve medically considerations for investigational cytotoxic drug or biological product, underserved communities, delivering studies of these products. The draft due to differences in the proposed

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47948 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

mechanisms of action. The draft Dated: September 15, 2009. the process for developing and guidance applies to therapeutic cancer David Horowitz, registering new medicinal products in vaccines intended to be administered to Assistant Commissioner for Policy. Europe, Japan, and the United States patients with an existing cancer for the [FR Doc. E9–22531 Filed 9–17–09; 8:45 am] without compromising the regulatory purpose of treatment. It does not apply BILLING CODE 4160–01–S obligations of safety and effectiveness. to products intended to be administered In recent years, many important to patients to prevent or decrease the initiatives have been undertaken by incidence of cancer. Also, it does not DEPARTMENT OF HEALTH AND regulatory authorities and industry apply to adoptive immunotherapeutic HUMAN SERVICES associations to promote international products such as T cell or NK cell harmonization of regulatory products. Food and Drug Administration requirements. FDA has participated in many meetings designed to enhance The draft guidance is being issued [Docket No. FDA–2009–N–0431] consistent with FDA’s good guidance harmonization and is committed to practices regulation (21 CFR 10.115). Preparation for International seeking scientifically based harmonized The draft guidance, when finalized, will Conference on Hamonization: Public technical procedures for pharmaceutical represent FDA’s current thinking on this Meeting development. One of the goals of topic. It does not create or confer any harmonization is to identify and then AGENCY: rights for or on any person and does not Food and Drug Administration, reduce differences in technical operate to bind FDA or the public. An HHS. requirements for medical product alternative approach may be used if ACTION: Notice of public meeting. development among regulatory such approach satisfies the agencies. ICH was organized to provide SUMMARY: The Food and Drug an opportunity for harmonization requirements of the applicable statutes Administration (FDA) is announcing a and regulations. initiatives to be developed with input public meeting entitled ‘‘Preparation for from both regulatory and industry II. Paperwork Reduction Act of 1995 ICH meetings in St. Louis, Missouri’’ to representatives. ICH is concerned with provide information and receive harmonization among three regions: The The draft guidance refers to comments on the International European Union, Japan, and the United previously approved collections of Conference on Harmonization (ICH) as States. The six ICH sponsors are the information found in FDA regulations. well as the upcoming meetings in St. European Commission, the European These collections of information are Louis, MO. The topics to be discussed Federation of Pharmaceutical Industries subject to review by the Office of are the topics for discussion at the Associations, the Japanese Ministry of Management and Budget (OMB) under forthcoming ICH Steering Committee Health, Labor and Welfare, the Japanese the Paperwork Reduction Act of 1995 Meeting. The purpose of the public Pharmaceutical Manufactures (44 U.S.C. 3501–3520). The collections meeting is to solicit public input prior Association, the Centers for Drug of information in 21 CFR part 312 have to the next Steering Committee and Evaluation and Research and Biologics been approved under OMB control Expert Working Groups meetings in St. Evaluation and Research, FDA, and the number 0910–0014; and the collections Louis, MO, October 24 to 29, 2009, at Pharmaceutical Research and of information in 21 CFR part 50 on which discussion of the topics Manufacturers of America. The ICH informed consent have been approved underway and the future of ICH will Secretariat, which coordinates the under OMB control number 0910–0130. continue. preparation of documentation, is III. Comments Date and Time: The public meeting provided by the International will be held on Wednesday, October 14, Federation of Pharmaceutical The draft guidance is being 2009, from 2:30 p.m. to 4:30 p.m. Manufacturers Associations (IFPMA). distributed for comment purposes only Location: The public meeting will be The ICH Steering Committee includes and is not intended for implementation held at the Washington Room at the representatives from each of the ICH at this time. Interested persons may Hilton Rockville, 1750 Rockville Pike, sponsors and Health Canada, the submit to the Division of Dockets Rockville, MD 20852. European Free Trade Area and the Management (see ADDRESSES) written or Contact Person: Mary Morrison, World Health Organization. The ICH electronic comments regarding the draft Office of the Commissioner, Food and process has achieved significant guidance. Submit a single copy of Drug Administration, 5600 Fishers harmonization of the technical electronic comments or two paper Lane, Rockville, MD 20857, by e-mail: requirements for the approval of copies of any mailed comments, except [email protected], or FAX: pharmaceuticals for human use in the that individuals may submit one paper 301–827–0003. three ICH regions. copy. Comments are to be identified Registration and Requests for Oral The current ICH process and structure with the docket number found in Presentations: Mail or fax your can be found at the following Web site: brackets in the heading of this registration information (including http://www.ich.org. document. A copy of the draft guidance name, title, firm name, address, Interested persons may present data, and received comments are available for telephone and fax numbers), written information, or views orally or in public examination in the Division of material and requests to make oral writing, on issues pending at the public Dockets Management between 9 a.m. presentations, to Mary Morrison (see meeting. Public oral presentations will and 4 p.m., Monday through Friday. Contact Person) by October 9, 2009. be scheduled between approximately If you need special accommodations 2:30 p.m. and 4:30 p.m. Time allotted IV. Electronic Access due to a disability, please contact Mary for oral presentations may be limited to Persons with access to the Internet Morrison (see Contact Person) at least 7 10 minutes. Those desiring to make oral may obtain the draft guidance at either days in advance. presentations should notify the contact http://www.fda.gov/Biologics SUPPLEMENTARY INFORMATION: The ICH person by October 9, 2009, and submit BloodVaccines/GuidanceCompliance was established in 1990 as a joint a brief statement of the general nature of RegulatoryInformation/default.htm or regulatory/industry project to improve, the evidence or arguments they wish to http://www.regulations.gov. through harmonization, the efficiency of present, the names and addresses,

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47949

telephone number, fax, and e-mail of 93.393, Cancer Cause and Prevention Dated: August 28, 2009. proposed participants, and an Research; 93.394, Cancer Detection and Renee Perthuis, Diagnosis Research; 93.395, Cancer indication of the approximate time Director, Division of Program Operations. Treatment Research; 93.396, Cancer requested to make their presentation. [FR Doc. E9–22572 Filed 9–17–09; 8:45 am] The agenda for the public meeting Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research BILLING CODE 4184–01–P will be made available on the Internet Manpower; 93.399, Cancer Control, at http://www.fda.gov/Drugs/News National Institutes of Health, HHS) Events/ucm181849.htm. Dated: September 14, 2009. DEPARTMENT OF HOMELAND Transcripts: Please be advised that as SECURITY soon as a transcript is available, it can Jennifer Spaeth, be obtained in either hardcopy or on Director, Office of Federal Advisory Coast Guard CD–ROM, after submission of a Committee Policy. Freedom of Information request. Written [FR Doc. E9–22568 Filed 9–17–09; 8:45 am] [USCG–2009–0846] requests are to be sent to Division of BILLING CODE 4140–01–P Information Collection Request to Freedom of Information (HFI–35), Office Office of Management and Budget; of Management Programs, Food and OMB Control Number: 1625–0100 Drug Administration, 5600 Fishers DEPARTMENT OF HEALTH AND HUMAN SERVICES Lane, rm. 6–30, Rockville, MD 20857. AGENCY: Coast Guard, DHS. Dated: September 11, 2009. Administration for Children and ACTION: Sixty-day notice requesting David Horowitz, Families comments. Assistant Commissioner for Policy. SUMMARY: In compliance with the [FR Doc. E9–22445 Filed 9–17–09; 8:45 am] Statement of Organization, Functions, and Delegations of Authority Paperwork Reduction Act of 1995, the BILLING CODE 4160–01–S U.S. Coast Guard intends to submit Notice is hereby given that I have Information Collection Request (ICR) and Analysis to the Office of DEPARTMENT OF HEALTH AND delegated to the Regional Program Management and Budget (OMB) HUMAN SERVICES Managers, American Indian Alaska Native Program Branch Chief, and requesting an extension of its approval National Institutes of Health Migrant and Seasonal Program Branch for the following collection of Chief the following authority vested in information: 1625–0100, Advanced National Cancer Institute; Notice of me by the Director, Office of Head Start Notice of Vessel Arrival. Before Closed Meeting in the memorandum dated August 27, submitting this ICR to OMB, the Coast 2009. Guard is inviting comments as Pursuant to section 10(d) of the described below. Federal Advisory Committee Act, as (a) Authority Delegated: DATES: Comments must reach the Coast amended (5 U.S.C. App.), notice is Authority to approve or disapprove Guard on or before November 17, 2009. hereby given of the following meeting. requests for non-Federal share waivers ADDRESSES: To avoid duplicate The meeting will be closed to the under 42 U.S.C. 9835(b) for submissions to the docket [USCG–2009– public in accordance with the expenditures funded by the American 0846], please use only one of the provisions set forth in sections Recovery & Reinvestment Act of 2009, following means: 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Public Law 111–5 (Feb. 17, 2009). as amended. The grant applications and (1) Online: http:// (b) Limitations: the discussions could disclose www.regulations.gov. confidential trade secrets or commercial 1. This delegation shall be exercised (2) Mail: Docket Management Facility property such as patentable material, under financial and administrative (DMF) (M–30), U.S. Department of and personal information concerning requirements applicable to all Transportation (DOT), West Building individuals associated with the grant Administration for Children and Ground Floor, Room W12–140, 1200 applications, the disclosure of which Families authorities. New Jersey Avenue, SE., Washington, DC 20590–0001. would constitute a clearly unwarranted 2. These authorities may not be (3) Hand deliver: Same as mail invasion of personal privacy. redelegated. address above, between 9 a.m. and 5 Name of Committee: National Cancer (c) Effective Date: p.m., Monday through Friday, except Institute Special Emphasis Panel. Federal holidays. The telephone number Transdisciplinary Cancer Genomics This redelegation is effective on the Research: Post-Genome Wide Association date of signature. is 202–366–9329. (Post-GWA) Initiative. (d) Effect on Existing Delegations: (4) Fax: 202–493–2251. Date: October 27–28, 2009. The DMF maintains the public docket Time: 8 a.m. to 5 p.m. This redelegation of authority for this Notice. Comments and material Agenda: To review and evaluate grant supplements the previous delegations received from the public, as well as applications. from the Director, Division of Program documents mentioned in this Notice as Place: Hilton Alexandria Old Town, 1767 Operations by the memorandum dated being available in the docket, will King Street, Alexandria, VA 22314. April 26, 2007. become part of the docket and will be Contact Person: Marvin L. Salin, PhD, I hereby affirm and ratify any actions available for inspection or copying at Scientific Review Officer, Special Review and Logistics Branch, Division of Extramural taken by any Regional Program room W12–140 on the West Building Activities, National Cancer Institute, NIH, Manager, the American Indian Alaska Ground Floor, 1200 New Jersey Avenue, 6116 Executive Boulevard, Room 7073, Native Program Branch Chief or the SE., Washington, DC, between 9 a.m. Bethesda, MD 20892–8329. 301–496–0694. Migrant and Seasonal Program Branch and 5 p.m., Monday through Friday, [email protected]. Chief that involved the exercise of this except Federal holidays. You may also (Catalogue of Federal Domestic Assistance authority prior to the effective date of find the docket on the Internet at Program Nos. 93.392, Cancer Construction; this redelegation. http://www.regulations.gov.

VerDate Nov<24>2008 17:16 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47950 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

A copy of the ICR is available through please enclose a stamped, self-addressed DEPARTMENT OF HOMELAND the docket on the Internet at http:// postcard or envelope. We will consider SECURITY www.regulations.gov. Additionally, all comments and material received copies are available from: Commandant during the comment period and will Coast Guard (CG–611), Attn Paperwork Reduction address them accordingly. [Docket No. USCG–2009–0791] Act (PRA) Manager, U.S. Coast Guard, Viewing comments and documents: 2100 2nd St., SW., Stop 7101, Go to http://www.regulations.gov to Certificate of Alternative Compliance Washington DC 20593–7101. for the Offshore Supply Vessel BAYOU view documents mentioned in this FOR FURTHER INFORMATION CONTACT: BEE Notice as being available in the docket. Contact Mr. Arthur Requina, Office of Click on the ‘‘read comments’’ box, AGENCY: Coast Guard, DHS. Information Management, telephone which will then become highlighted in 202–475–3523, or fax 202–475–3929, for ACTION: Notice. blue. In the ‘‘Keyword’’ box insert questions on these documents. Contact SUMMARY: The Coast Guard announces Ms. Renee V. Wright, Program Manager, ‘‘USCG–2009–0846’’ and click ‘‘Search.’’ Click the ‘‘Open Docket that a Certificate of Alternative Docket Operations, 202–366–9826, for Compliance was issued for the offshore questions on the docket. Folder’’ in the ‘‘Actions’’ column. You may also visit the DMF in room W12– supply vessel Bayou Bee as required by SUPPLEMENTARY INFORMATION: 140 on the West Building Ground Floor, 33 U.S.C. 1605(c) and 33 CFR 81.18. Public Participation and Request for 1200 New Jersey Avenue, SE., DATES: The Certificate of Alternative Comments Washington, DC, between 9 a.m. and Compliance was issued on August 18, 2009. The Coast Guard invites comments on 5 p.m., Monday through Friday, except whether this ICR should be granted Federal holidays. ADDRESSES: The docket for this notice is based on the collection being necessary Privacy Act: Anyone can search the available for inspection or copying at for the proper performance of electronic form of all comments the Docket Management Facility (M–30), U.S. Department of Transportation, Departmental functions. In particular, received in dockets by the name of the West Building Ground Floor, Room the Coast Guard would appreciate individual submitting the comment (or W12–140, 1200 New Jersey Avenue, SE., comments addressing: (1) The practical signing the comment, if submitted on Washington, DC 20590, between 9 a.m. utility of the collection; (2) the accuracy behalf of an association, business, labor of the estimated burden of the and 5 p.m., Monday through Friday, union, etc.). You may review the except Federal holidays. You may also collection; (3) ways to enhance the Privacy Act statement regarding our quality, utility, and clarity of find this docket on the Internet by going public dockets in the January 17, 2008 information subject to the collection; to http://www.regulations.gov, inserting issue of the Federal Register (73 FR and (4) ways to minimize the burden of USCG–2009–0791 in the ’’Keyword’’ the collections on respondents, 3316). box, and then clicking ’’Search.’’ including the use of automated Information Collection Request FOR FURTHER INFORMATION CONTACT: If collection techniques or other forms of you have questions on this notice, call information technology. Title: Advance Notice of Vessel CWO2 David Mauldin, District Eight, We encourage you to respond to this Arrival. Prevention Branch, U.S. Coast Guard, request by submitting comments and OMB Control Number: 1625–0100. telephone 504–671–2153. If you have related materials. We will post all questions on viewing or submitting comments received, without change, to Summary: The Ports and Waterways material to the docket, call Renee V. http://www.regulations.gov. They will Safety Act authorizes the Coast Guard to Wright, Program Manager, Docket include any personal information you require pre-arrival messages from any Operations, telephone 202–366–9826. vessel entering a port or place in the provide. We have an agreement with SUPPLEMENTARY INFORMATION: DOT to use their DMF. Please see the United States. ‘‘Privacy Act’’ paragraph below. Need: This information is required to Background and Purpose Submitting comments: If you submit a control vessel traffic, develop The offshore supply vessel Bayou Bee comment, please include the docket contingency plans, and enforce will be used for offshore supply number [USCG–2009–0846], indicate regulations. operations. Full compliance with 72 the specific section of the document to COLREGS and Inland Rules Act will Forms: None. which each comment applies, providing hinder the vessel’s ability to maneuver a reason for each comment. We Respondents: Vessel owners and within close proximity of offshore recommend you include your name, operators. platforms. Due to the design of the mailing address, an e-mail address, or Frequency: On occasion. vessel, it would be difficult and other contact information in the body of impractical to build supporting Burden Estimate: The estimated your document so that we can contact structure that would put the side lights burden has increased from 175,525 you if we have questions regarding your within 5.6′ from the greatest breadth of submission. You may submit your hours to 199,889 hours a year. the vessel, as required by Annex I, comments and material by electronic Dated: September 11, 2009. paragraph 3(b) of the 72 COLREGS and means, mail, fax, or delivery to the DMF C. J. Meade, Annex I, Section 84.05(b) of the Inland at the address under ADDRESSES; but Captain, U.S. Coast Guard, Acting Assistant Rules Act. Compliance with the rule please submit them by only one means. Commandant for Command, Control, will cause the lights to be in a location If you submit them by mail or delivery, Communications, Computers and which will be highly susceptible to submit them in an unbound format, no Information Technology. damage from offshore platforms. 1 ′ 1 ″ larger than 8 ⁄2 by 11 inches, suitable for [FR Doc. E9–22461 Filed 9–17–09; 8:45 am] Locating the sidelights 12 –4 ⁄4 inboard copying and electronic filing. If you from the greatest breadth of the vessel BILLING CODE 4910–15–P submit them by mail and would like to on the pilot house will provide a shelter know that they reached the Facility, location for the lights and allow

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47951

maneuvering within close proximity to Dated: August 24, 2009. masthead light location directly over the offshore platforms. J.W. Johnson, cargo deck, where it would interfere In addition, the forward masthead Commander, U.S. Coast Guard, Chief, with loading and unloading operations. light may be located on the top forward Inspections and Investigations Branch, By The Certificate of Alternative Direction of the Commander, Eighth Coast Compliance allows for the horizontal portion of the pilothouse 38′–21⁄4″ above Guard District. separation of the forward and aft the hull. Placing the forward masthead [FR Doc. E9–22459 Filed 9–17–09; 8:45 am] masthead lights to deviate from the light at the height as required by Annex BILLING CODE 4910–15–P requirements of Annex I, paragraph 3(a) I, paragraph 2(a) of the 72 COLREGS of 72 COLREGS, and Annex I, Section would result in a masthead light 84.05(a) of the Inland Rules Act. location highly susceptible to damage DEPARTMENT OF HOMELAND This notice is issued under authority when working in close proximity to SECURITY of 33 U.S.C. 1605(c), and 33 CFR 81.18. offshore platforms. Coast Guard Dated: August 24, 2009. Furthermore, the horizontal distance J. W. Johnson, [Docket No. USCG–2009–0790] between the forward and aft masthead Commander, U.S. Coast Guard, Chief, lights may be 18′–109⁄16″. Placing the aft Certificate of Alternative Compliance Inspections and Investigations Branch, By masthead light at the horizontal Direction of the Commander, Eighth Coast distance from the forward masthead for the Offshore Supply Vessel ACO Guard District. LANDRY A GALIANO light as required by Annex I, paragraph [FR Doc. E9–22460 Filed 9–17–09; 8:45 am] 3(a) of the 72 COLREGS and Annex I, AGENCY: Coast Guard, DHS. BILLING CODE 4910–15–P Section 84.05(a) of the Inland Rules Act ACTION: Notice. would result in an aft masthead light location directly over the aft cargo deck SUMMARY: The Coast Guard announces where it would interfere with loading that a Certificate of Alternative DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT and unloading operations. Compliance was issued for the offshore supply vessel ACO LANDRY A Lastly, the aft anchor light may be GALIANO as required by 33 U.S.C. [Docket No. FR–5280–N–36] placed 25′–15⁄16″ off centerline to the 1605(c) and 33 CFR 81.18. starboard side of the vessel, just forward Federal Property Suitable as Facilities of the stern. Placing the aft anchor light DATES: The Certificate of Alternative To Assist the Homeless directly over the aft cargo deck would Compliance was issued on August 10, 2009. AGENCY: Office of the Assistant interfere with loading and unloading Secretary for Community Planning and ADDRESSES: The docket for this notice is operations. Development, HUD. A Certificate of Alternative available for inspection or copying at the Docket Management Facility (M–30), ACTION: Notice. Compliance, as allowed under Title 33, U.S. Department of Transportation, Code of Federal Regulations, Parts 81 SUMMARY: This Notice identifies West Building Ground Floor, Room unutilized, underutilized, excess, and and 89, has been issued for the offshore W12–140, 1200 New Jersey Avenue SE., surplus Federal property reviewed by supply vessel Bayou Bee, O.N. 1218414. Washington, DC 20590, between 9 a.m. HUD for suitability for possible use To The Certificate of Alternative and 5 p.m., Monday through Friday, assist the homeless. Compliance allows for the placement of except Federal holidays. You may also the sidelights to deviate from find this docket on the Internet by going DATES: Effective Date: September 18, requirements set forth in Annex I, to http://www.regulations.gov, inserting 2009. paragraph 3(b) of 72 COLREGS and USCG–2009–0790 in the ‘‘Keyword’’ FOR FURTHER INFORMATION CONTACT: Annex I, paragraph 84.05(b) of the box, and then clicking ‘‘Search.’’ Kathy Ezzell, Department of Housing Inland Rules Act. In addition, the FOR FURTHER INFORMATION CONTACT: If and Urban Development, 451 Seventh Certificate of Alternative Compliance you have questions on this notice, call Street, SW., Room 7262, Washington, allows for the vertical placement of the CWO2 David Mauldin, District Eight, DC 20410; telephone (202) 708–1234; forward masthead light to deviate from Prevention Branch, U.S. Coast Guard, TTY number for the hearing- and requirements set forth in Annex I, telephone 504–671–2153. If you have speech-impaired (202) 708–2565, (these paragraph 2(a) of 72 COLREGS. questions on viewing or submitting telephone numbers are not toll-free), or Furthermore, the Certificate of material to the docket, call Renee V. call the toll-free Title V information line Alternative Compliance allows for the Wright, Program Manager, Docket at 800–927–7588. horizontal separation of the forward and Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: In aft masthead lights to deviate from the SUPPLEMENTARY INFORMATION: accordance with the December 12, 1988 requirements of Annex I, paragraph 3(a) court order in National Coalition for the of 72 COLREGS and Annex I, Section Background and Purpose Homeless v. Veterans Administration, 84.05(a) of the Inland Rules Act. Lastly, The offshore supply vessel ACO No. 88–2503–OG (D.D.C.), HUD the Certificate of Alternative LANDRY A GALIANO will be used for publishes a Notice, on a weekly basis, Compliance allows for the placement of offshore supply operations. The identifying unutilized, underutilized, the aft anchor light to deviate from the horizontal distance between the forward excess and surplus Federal buildings ′ ″ requirements of Rule 30(a)(ii) of 72 and aft masthead lights may be 22 - 5 . and real property that HUD has COLREGS and Rule 30(a)(ii) of the Placing the aft masthead light at the reviewed for suitability for use to assist Inland Rules Act. horizontal distance from the forward the homeless. Today’s Notice is for the masthead light as required by Annex I, purpose of announcing that no This notice is issued under authority paragraph 3(a) of the 72 COLREGS, and additional properties have been of 33 U.S.C. 1605(c), and 33 CFR 81.18. Annex I, Section 84.05(a) of the Inland determined suitable or unsuitable this Rules Act, would result in an aft week.

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47952 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

Dated: September 10, 2009. addition to this program, the Office of Hawaii, 2530 Dole Street, Sakamaki Mark R. Johnston, University Partnerships administers Hall D–200, Honolulu, HI 96822. Deputy Assistant Secretary for Special Needs. HUD’s ongoing grant programs to Grant: $716,488. [FR Doc. E9–22254 Filed 9–17–09; 8:45 am] institutions of higher education as well Dated: August 26, 2009. BILLING CODE 4210–67–P as creates initiatives through which colleges and universities can bring their Raphael W. Bostic, traditional missions of teaching, Assistant Secretary for Policy Development and Research. DEPARTMENT OF HOUSING AND research, service, and outreach to bear [FR Doc. E9–22570 Filed 9–17–09; 8:45 am] URBAN DEVELOPMENT on the pressing local problems in their communities. BILLING CODE 4210–67–P [Docket No. FR–5300–N–29] The AN/NHIAC program provides funds for a wide range of CDBG-eligible Announcement of Funding Awards for activities including housing DEPARTMENT OF HOUSING AND Fiscal Year 2009 Alaska Native/Native rehabilitation and financing, property URBAN DEVELOPMENT Hawaiian Institutions Assisting demolition or acquisition, public Communities Program [Docket No. FR–5200–FA–06] facilities, economic development, AGENCY: Office of the Assistant business entrepreneurship, and fair Announcement of Funding Awards for Secretary for Policy Development and housing programs. Office of Healthy Homes and Lead Research, HUD. The Catalog of Federal Domestic Hazard Control Grant Programs for Assistance number for this program is Fiscal Year 2008 as Supplemented by ACTION: Announcement of funding 14.515. Funding Under the American Recovery awards. On June 25, 2009, a Notice of Funding and Reinvestment Act of 2009 SUMMARY: In accordance with section Availability (NOFA) was posted on Grants.gov announcing the availability AGENCY: Office of Healthy Homes and 102(a)(4)(C) of the Department of Lead Hazard Control, HUD. Housing and Urban Development (HUD) of $3 million appropriated in FY09. ACTION: Announcement of awards Reform Act of 1989, this document Each eligible campus was permitted to funded. notifies the public of funding awards for apply individually for $800,000, the maximum amount that can be awarded Fiscal Year (FY) 2009 Alaska Native/ SUMMARY: In accordance with Section for a period of 36 months. Native Hawaiian Institutions Assisting 102(a)(4)(C) of the Department of The Department reviewed, evaluated, Communities (AN/NHIAC) Program. Housing and Urban Development The purpose of this document is to and scored the applications received based on the criteria in the NOFA. As Reform Act of 1989, this announcement announce the names, addresses and the notifies the public of funding decisions amount awarded to the winners to be a result, HUD has funded the applications below, in accordance with made by the Department in Fiscal Year used to assist Alaska Native/Native section 102(a)(4)(C) of the Department of 2008 competitions for funding under the Hawaiian institutions of higher Housing and Urban Development Grant Program Notices of Funding education to expand their role and Reform Act of 1989 (103 Stat. 1987, 42 Availability (NOFAs) of the Office of effectiveness in addressing communities U.S.C. 3545). More information about Healthy Homes and Lead Hazard in their localities, including the winners can be found at http:// Control (OHHLHC). This announcement neighborhood revitalization, housing www.oup.org. contains the name and address of the and economic development, principally award recipients and the amounts for persons of low- and moderate- List of Awardees for Grant Assistance awarded under the Consolidated income, consistent with the purpose of Under the FY 2009 Alaska Native/ Appropriations Act, 2008, and prior- Title I of the Housing and Community Native Hawaiian Institutions Assisting year appropriations, or under the Development Act of 1974, as amended. Communities Program Funding American Recovery and Reinvestment FOR FURTHER INFORMATION CONTACT: Competition, By Institution, Address Act of 2009. Susan Brunson, Office of University and Grant Amount FOR FURTHER INFORMATION CONTACT: Mr. Partnerships, U.S. Department of Region X Matthew Ammon, Department of Housing and Urban Development, Room Housing and Urban Development, Office 1. University of Alaska Fairbanks- 8226, 451 Seventh Street, SW., of Healthy Homes and Lead Hazard Kuskokwim Campus, Maggie Washington, DC 20410, Telephone (202) Control, Room 8236, 451 Seventh Street, Griscavage, University of Alaska 402–3852. To provide service for SW., Washington, DC 20410, telephone Fairbanks, PO Box 757880, persons who are hearing- or speech- (202) 402–4337. Hearing- and speech- Fairbanks, AK 99775–7880. Grant: impaired, this number may be reached impaired persons may access the $749,597. via TTY by dialing the Federal 2. University of Alaska Fairbanks-Bristol number above via TTY by calling the Information Relay Service on 800–877– Bay Campus, Maggie Griscavage, toll-free Federal Relay Service at (800) 8339 or 202–708–1455. (Telephone University of Alaska Fairbanks, PO 877–8339. number, other than ‘‘800’’ TTY numbers Box 757880, Fairbanks, AK 99775– SUPPLEMENTARY INFORMATION: The are not toll free). 7880. Grant: $734,597. awards made under the permanent SUPPLEMENTARY INFORMATION: The Fiscal Year 2008 appropriation act Alaska Native/Native Hawaiian Region IX (Consolidated Appropriations Act, 2008; Institutions Assisting Communities 3. University of Hawaii-Windward Pub. L. 110–161) and prior-year Program was approved by Congress Community College, Georgette appropriations were announced on under the Appropriations Act, 2009 Sakumoto, University of Hawaii, September 23, 2008 and October 15, (Pub. L. 111–8, approved March 11, 2530 Dole Street, Sakamaki Hall D– 2008. The awards made under the 2009) and is administered by the Office 200, Honolulu, HI 96822. Grant: American Recovery and Reinvestment of University Partnerships under the $799,318. Act of 2009 (Pub. L. 111–5) (Recovery Office of the Assistant Secretary for 4. University of Hawaii at West Oahu, Act) were announced May 15, 2009. The Policy Development and Research. In Georgette Sakumoto, University of Recovery Act provided funding for

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47953

applications submitted under the Onondaga County, 1100 Civic Center, $299,463; Community Foundation for Consolidated Appropriations Act, 2008 Syracuse, NY 13202, $3,000,000; Erie Greater Buffalo, Inc., 712 Main Street, competitions that were qualified for County, 95 Franklin Street, Buffalo, NY Buffalo, NY 14202, $300,000; West award but had not been selected for 14202, $3,000,000; Erie, County of, 2900 Harlem Environmental Action, Inc., 271 award due to funding limitations. All of Columbus Avenue, Sandusky, OH West 125th Street, Suite 308 New York, these awards above were the result of 44870, $3,000,000; City of Akron, NY 10027, $299,979. competitions announced in a Federal Health Department, 177 South 4. A total of $2,200,000 was awarded Register notice published on May 15, Broadway, Akron, OH 44308, to 5 grantees for the Lead Technical 2008 (FR–5200–N–01). The purpose of $3,000,000; Cleveland Department of Studies Program under the Consolidated the competitions was to award funding Public Health, 1925 St. Clair Avenue, Appropriations Act, 2008: National for grants and cooperative agreements Cleveland, OH 44114, $3,000,000; City Center for Healthy Housing, 10320 Little for the OHHLHC’s Grant Programs. of Philadelphia, 2100 West Girard Patuxent Parkway, Suite 500, Columbia, Applications were scored and selected Avenue, Building 3, Philadelphia, PA MD 21044, $526,522; City of on the basis of selection criteria 19130, $3,000,000; City of Providence, Minneapolis, 250 S. 4th Street, Room contained in those Notices. 400 Westminster Street, Providence, RI 414, Minneapolis, MN 55415, $599,834; A total of $148,695,798 was awarded 02903, $3,000,000; Salt Lake County, Saint Louis University, 221 North Grand under the Consolidated Appropriations 2001 South State Street, Suite 2100, Salt Boulevard, St. Louis, MO 63103, Act, 2008 (Pub. L. 110–161) and Lake City, UT 84190, $2,214,000; City of $356,203; University of Cincinnati, previous years’ appropriations, and Milwaukee Health Department, 841 N. University Hall, Suite 530, 51 Goodman $99,500,000 was awarded under the Broadway, Room 118, Milwaukee, WI Drive, Cincinnati, OH 45221–0222, Recovery Act. In accordance with 53202, $2,999,580. $249,878; University of Cincinnati, Section 102(a)(4)(C) of the Department 2. A total of $44,087,870 was awarded University Hall, Suite 530, 51 Goodman of Housing and Urban Development to 13 grantees for the Lead Hazard Drive, Cincinnati, OH 45221–0222, Reform Act of 1989 (103 Stat. 1987; 42 Reduction Demonstration Program $467,563. U.S.C. 3545), the Department is under the Consolidated Appropriations 5. A total of $4,374,761 was awarded publishing the names, addresses, and Act, 2008: City of Los Angeles, 1200 W. to 5 grantees for the Healthy Homes the amount of these awards as follows: 7th Street, 9th Floor, Los Angeles, CA Demonstration Grant Program under the 1. A total of $70,379,218 was awarded 90017, $4,000,000; San Diego Housing Consolidated Appropriations Act, 2008: to 25 grantees for the Lead Based Paint Commission, 1122 Broadway, Suite 300, National Jewish Medical and Research Hazard Control Program under the San Diego, CA 92101–5612, $4,000,000; Center, 1400 Jackson Street, Denver, CO Consolidated Appropriations Act, 2008: Malden Redevelopment Authority, 200 80206, $874,771; Regents of the City of Phoenix, Arizona, 200 W. Pleasant Street, Malden, MA 02148, University of Michigan, 3003 S. State Washington Street, 4th Floor, Phoenix, $1,455,560; City of Grand Rapids, 300 Street, Ann Arbor, MI 48109–1274, AZ 85003, $663,082; San Diego Housing Monroe Avenue, NW., Grand Rapids, MI $875,000; MI Dept. of Community Commission, 1122 Broadway, Suite 300, 49503, $1,568,855; City of St. Louis, Health, 201 Townsend Street, P.O. Box San Diego, CA 92101–5612, $3,000,000; 1015 Locust Street, Suite 1200, St. 30195, Lansing, MI 48909, $875,000; County of Alameda, 2000 Embarcadero, Louis, MO 63101, $4,000,000; City of Case Western Reserve University, 10900 Suite 300, Oakland, CA 94606, Rochester, 30 Church Street, Room Euclid Avenue, Cleveland, OH 44106, $3,000,000; Riverside County, 028B, Rochester, NY 14614, $3,999,700; $874,990; City of Columbus, 240 Department of Public Health, 4065 Onondaga County, 1100 Civic Center, Parsons Avenue, Columbus, OH 43215, County Circle Dr. #304, Riverside, CA Syracuse, NY 13202, $3,615,358; City of $875,000. 92503, $3,000,000; City of Los Angeles, Cincinnati, 801 Plum Street, Cincinnati, 6. A total of $2,100,000 was awarded 1200 W. 7th Street, 9th Floor, Los OH 45202–0000, $3,000,000; City of to 4 grantees for the Healthy Homes Angeles, CA 90017, $3,000,000; City of Cleveland, Department of Public Health, Technical Studies Grants Program under Richmond, 1401 Marina Way South, 1925 St. Clair Avenue, Cleveland, OH the Consolidated Appropriations Act, Richmond, CA 94804, $3,000,000; City 44114, $4,000,000; City of Philadelphia, 2008: Alliance for Healthy Homes, 50 F of New Haven, 54 Meadow Street, 9th 2100 West Girard Avenue, Bldg. #3, Street, NW., Suite 300, Washington, DC Floor, New Haven, CT 06519, Philadelphia, PA 19130, $4,000,000; 20001, $350,000; Johns Hopkins $3,000,000; Naugatuck Valley Health City of Providence, Rhode Island, 400 University, 733 N. Broadway, Suite 117, District, 98 Bank Street, Seymour, CT Westminster Street, Providence, RI Baltimore, MD 21205, $750,000; Saint 06483, $3,000,000; City of Cedar Rapids, 02903, $2,450,411; City of Memphis, Louis University, 221 N. Grand 1211 6th Street, SW., Cedar Rapids, IA Div. of Housing and Community Boulevard, St. Louis, MO 63103, 52404, $2,431,876; Maine State Housing Development, 701 N. Main Street, $500,000; Clarkson University, 8 Authority, 353 Water Street, Augusta, Memphis, TN 38107–2311, $4,000,000; Clarkson Avenue, Potsdam, NY 13699– ME 04330, $3,000,000; City of Grand City of Milwaukee Health Department, 5630, $500,000. Rapids, 300 Monroe Avenue, NW., 841 N. Broadway, Room 118, 7. A total of $17,253,107 was awarded Grand Rapids, MI 49503, $3,000,000; Milwaukee, WI 53202, $3,997,986. to 9 grantees for the Lead Elimination City of Minneapolis, 250 S. 4th Street, 3. A total of $1,463,725 was awarded Action Program under the Consolidated Room 414, Minneapolis, MN 55415, to 5 grantees for the Lead Outreach Appropriations Act, 2008: Bridgeport $3,000,000; City of St. Louis, 1015 Grants Program under the Consolidated Neighborhood Trust, Inc., 177 State Locust Street, Suite 1200, St. Louis, MO Appropriations Act, 2008: Sonora Street, 5th Floor, Bridgeport, CT 06604, 63101, $3,000,000; County of St. Louis, Environmental Research Institute, Inc., $2,000,000; The ACCESS Agency, Inc., 121 South Meramec, Suite 444, Clayton, 3202 E. Grant Rd., Tucson, AZ 85716, 1315 Main Street, Suite 2, Willimantic, MO 63105, $2,070,680; City of High $264,356; Rebuilding Together, CT 06226, $1,999,161; Coalition to End Point, 211 S. Hamilton Street, High Inc.,1536 16th Street, NW., Washington, Childhood Lead Poisoning, Inc., 2714 Point, NC 27260, $3,000,000; City of DC 20036, $299,927; Southeastern Hudson Street, Baltimore, MD 21224, Albany Community Development Michigan Health Association, 200 $2,000,000; Sustainable Resources Agency, 200 Henry Johnson Boulevard, Fisher Building, 3011 West Grand Center, Inc., 1081 Tenth Avenue, SE., Albany, NY 12210, $3,000,000; Boulevard, Detroit, MI 48202–3011, Minneapolis, MN 55414, $1,541,107;

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47954 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

New Community Development 5th Street, Greenville, NC 27858, West Loop South, HCPHES, Houston, Corporation, 1701 North 24th Street, $1,922,370; City of Charleston TX 77027, $871,327; King County Suite 102, Omaha, NE 68110, Department of Housing & Community Housing Authority, 600 Andover Park $1,916,054; Environmental Education Development, 145 King Street, West, Tukwila, WA 98188, $875,000; Associates, Inc., 346 Austin Street, Charleston, SC 29403, $3,000,000; City City of Milwaukee Health Department, Buffalo, NY 14201, $1,999,893; of Galveston, P.O. Box 779, Galveston, 841 N. Broadway, Room 118, Chautauqua Opportunities, Inc., 17 TX 77553, $3,000,000; City of Roanoke, Milwaukee, WI 53202, $874,085; West Courtney Street, Dunkirk, NY 215 Church Avenue, SW., Room 162, Kenosha County Department of Human 14048, $1,825,000; Mahoning Valley Roanoke, VA 24011, $1,406,633; City of Services, Division of Health, 8600 Real Estate Investors Association, Inc., Spokane, 808 W. Spokane Falls Blvd. Sheridan Road, Suite 600, Kenosha, WI 2901 Market Street, Youngstown, OH Spokane, WA 99201, $2,850,000; State 53143, $875,000; Wisconsin Department 44507–1616, $2,000,000; Middle of Washington, 906 Columbia Street, of Health Services, 1 W. Wilson Street, Tennessee State University, 1301 East SW., Olympia, WA 98504–2525, Room 150, Madison, WI 53701, Main Street, Murfreesboro, TN 37132– $3,000,000; County of Rock, Wisconsin, $874,397. 0001, $1,971,892. 51 South Main Street, Janesville, WI 11. A total of $1,766,552 was awarded 8. A total of $77,949,463 was awarded 53548, $1,100,000; State of Wisconsin, to 2 grantees for the Lead Technical to 30 grantees for the Lead Based Paint 201 W. Washington Avenue, Madison, Studies Program under the Recovery Hazard Control Program under the WI 53703, $3,000,000. Act: University of Illinois at Chicago, 9. A total of $2,616,843 was awarded Recovery Act: City of Phoenix, Arizona, 809 S. Marshfield, 502 MB, M/C551, to 1 grantee for the Lead Hazard 200 W. Washington Street, 4th Floor, Chicago, IL 60612–7205, $973,982; Reduction Demonstration Program Phoenix, AZ 85003, $2,336,918; City of National Center for Healthy Housing, under the Recovery Act: District of Long Beach, 2525 Grand Avenue, Long 10320 Little Patuxent Parkway, Suite Columbia Department of Housing and Beach, CA 90815–1765, $2,999,947; City 500, Columbia, MD 21044, $792,570. Community Development, 801 North and County of San Francisco, Mayor’s Office of Healthy Homes and Lead Hazard Capitol Street, NE., Washington, DC Office of Housing, 1 South Van Ness, Control. 20002, $2,616,843. Dated: September 9, 2009. 5th Floor, San Francisco, CA 94116, 10. A total of $17,167,142 was $3,000,000; City of Fresno, 2600 Fresno awarded to 20 grantees for the Healthy Matthew Ammon, Street Third Floor, Fresno, CA 93721, Homes Demonstration Program under Acting Director, Office of Healthy Homes and $3,000,000; City of Pomona, 505 South the Recovery Act: City of Phoenix, 200 Lead Hazard Control. Garey Avenue, P.O. Box 660, Pomona, W. Washington Street, 4th Floor, [FR Doc. E9–22573 Filed 9–17–09; 8:45 am] CA 91769, $2,999,243; State of Phoenix, AZ 85003, $875,000; City of BILLING CODE 4210–67–P California, 700 North 10th Street, Room Long Beach, 2525 Grand Avenue, Long D215–A, Sacramento, CA 95811–0336, Beach, CA 90815–1765, $874,992; $3,000,000; City of New London, 111 Community Housing Corporation, 2337 DEPARTMENT OF HOUSING AND Union Street, New London, CT 06320– S. Figueroa Street, Los Angeles, CA URBAN DEVELOPMENT 6634, $2,004,538; City of Norwich, 23 90007, $875,000; Riverside County, [Docket No. FR–5300–N–27] Union Street, Norwich, CT 06360, Department of Public Health, 4065 $1,699,588; City of Waterbury, 95 County Circle Drive, Suite 304, Announcement of Funding Awards for Scovill Street, Waterbury, CT 06706, Riverside, CA 92503, $875,000; Fiscal Year 2009 Tribal Colleges and $3,000,000; City of Moline, 619 16th Connecticut Children’s Medical Center, Universities Program Street, Moline, IL 61265, $2,114,670; 282 Washington Street, Hartford, CT City of Gary Department of Community 06106, $875,000; Health and Hospital AGENCY: Office of the Assistant Development, 839 Broadway, Suite Corporation of Marion County, 3838 Secretary for Policy Development and 302N, Gary, IN 46402, $3,000,000; North Rural Street, Indianapolis, IN Research, HUD. Elkhart County, 117 North Second 46205–2930, $874,565; Memorial ACTION: Announcement of funding Street, Goshen, IN 46526, $3,000,000; Hospital of South Bend, Inc., 615 N. awards. City of Marshalltown, 24 North Center Michigan Street, South Bend, IN 46601, SUMMARY: In accordance with section Street, Marshalltown, IA 50158, $552,388; Self Help Inc., 780 W. Main 102(a)(4)(C) of the Department of $2,591,227; City of Sioux City, 405 6th Street, Avon, MA 02322, $875,000; Housing and Urban Development (HUD) Street, Sioux City, IA 51102, $1,983,747; University of Massachusetts Lowell, 600 Reform Act of 1989, this document Polk County, 111 Court Avenue, Suite Suffolk Street, 2nd Floor South, Lowell, notifies the public of funding awards for 300, Des Moines, IA 50309, $3,000,000; MA 01854, $874,940; Montana State City of Lewiston, 27 Pine Street, University, Extension Service Housing Fiscal Year (FY) 2009 Tribal Colleges Lewiston, ME 04240, $2,279,525; City of Program, 309 Montana Hall, Bozeman, and Universities Program (TCUP). The Lowell, JFK Civic Center, 50 Arcand MT 59718, $873,963; Mahoning County, purpose of this document is to Drive, Lowell, MA 01852, $3,000,000; 21 West Boardman Street, Youngstown, announce the names and addresses of Massachusetts Department of Housing & OH 44503–1427, $875,000; City of the award winners and the amount of Community Dev., 100 Cambridge Street, Philadelphia, 2100 West Girard Avenue, the awards, which are to be used to Boston, MA 02114, $2,640,000; Malden Building 3, PA 19130, $875,000; enable Tribal Colleges and Universities Redevelopment Authority, 200 Pleasant Healthy Home Resources, 64 South 14th (TCU) to build, expand, renovate, and Street, Malden, MA 02148, $2,984,565; Street, Pittsburgh, PA 15203, $874,821; equip their own facilities, and expand Kansas City Health Department, 2400 Pennsylvania Department of Health, 7th the role of the TCUs into the community Troost Avenue, Suite 3100, Kansas City, Floor East Wing, Health & Welfare through the provision of needed MO 64108, $2,998,508; City of Utica, 1 Building, 7th & Forster Streets, services such as health programs, job Kennedy Plaza, Utica, NY 13502, Harrisburg, PA 17120, $875,000; training, and economic development $2,038,081; City of Charlotte, 600 East Philadelphia Housing Authority, 12 activities. Trade Street, Charlotte, NC 28202, South 23rd Street, Philadelphia, PA FOR FURTHER INFORMATION CONTACT: $2,999,903; City of Greenville, 201 West 19103, $871,664; County of Harris, 2223 Susan Brunson, Office of University

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47955

Partnerships, Department of Housing List of Awardees for Grant Assistance at 202/395–5806, or by electronic mail and Urban Development, Room 8226, Under the FY 2009 Tribal Colleges and at [email protected]. Please also 451 Seventh Street, SW., Washington, Universities Program Funding mail or hand carry a copy of your DC 20410, Telephone (202) 402–3852. Competition, by Institution, Address, comments to Michael J. Auer, NPS To provide service for persons who are and Grant Amount Heritage Preservation Services, National Park Service, 1849 C St., NW., hearing- or speech-impaired, this Region VII number may be reached via TTY by Washington, DC (2255) 20240 or via fax 1. Nebraska Indian Community dialing the Federal Information Relay at 202/371–1616. College, Micheal Oltrogge, Nebraska Service on 800–877–8339 or 202–708– FOR FURTHER INFORMATION CONTACT: Indian Community College, 1 College 1455 (Telephone number, other than Michael J. Auer, NPS Heritage Hill, Macy, NE 68039. Grant: ‘‘800’’ TTY numbers are not toll free). Preservation Services, National Park $799,545.25. Service, 1849 C St., NW., Washington, SUPPLEMENTARY INFORMATION: The Tribal Region VIII DC (2255) 20240 or via fax at 202/371– Colleges and Universities Program was 1616. You are entitled to a copy of the 2. Fort Peck Community College, approved by Appropriations Act, 2009 entire ICR package free-of-charge. You Warren Means, Fort Peck Community (Pub. L. 111–8, approved March 11, may access this ICR at www.reginfo.gov/ College, 605 Indian Avenue, Poplar, MT 2009) and is administered by the Office public/. 59255. Grant: $800,000. of University Partnerships under the 3. Oglala Lakota College, Thomas COMMENTS RECEIVED ON THE 60-DAY Assistant Secretary for Policy Shortbull, Oglala Lakota College, 490 FEDERAL REGISTER NOTICE: The NPS Development and Research. In addition Piya Wiconi Road, Kyle, SD 57752– published a 60-day notice to solicit to this program, the Office of University 0490. Grant: $800,000. public comments on this ICR in the Partnerships administers HUD’s ongoing 4. Sisseton Wahpeton College, Pam Federal Register on February 3, 2009 grant programs to institutions of higher Wynia, Sisseton Whapeton College, (Vol. 74 No. 21, FR 5945). The comment education as well as creates initiatives 12572 BIA Highway, 700 Box 689, period closed on April 6, 2009. No through which colleges and universities Agency Village, SD 57262. Grant: comments were received on this notice. can bring their traditional missions of $800,000. SUPPLEMENTARY INFORMATION: teaching, research, service, and outreach 5. Sitting Bull College, Koreen OMB Control Number: 1024–0009. to bear on the pressing local problems Ressler, Sitting Bull College, 1341 92nd Title: Historic Preservation in their communities. Street, Fort Yates, ND 58538. Grant: Certification Application—36 CFR Part $799,698. 67. The Tribal Colleges and Universities Dated: August 26, 2009. Form(s): 10–168 (Part 1—Evaluation Program assists tribal colleges and of Significance); 10–168a (Part 2— Raphael W. Bostic, universities to build, expand, renovate, Description of Rehabilitation); 10–168b and equip their own facilities, and Assistant Secretary for Policy Development (Amendment Sheet); 10–168c (Part 3— and Research. expand the role of the TCUs into the Request for Certification of Completed community through the provision of [FR Doc. E9–22571 Filed 9–17–09; 8:45 am] Work). needed services such as health BILLING CODE 4210–67–P Type of Request: Revision of a programs, job training, and economic currently approved collection of development activities. information. DEPARTMENT OF THE INTERIOR The Catalog of Federal Domestic Description of Need: Abstract. Section 47 of the Internal Revenue Code Assistance number for this program is National Park Service 14.519. requires that the Secretary of the Interior 30-Day Notice of Intention to Request certify to the Secretary of the Treasury On June 25, 2009, a Notice of Funding upon application by owners of historic Availability (NOFA) was posted on Clearance of Collection of Information; Opportunity for Public Comment properties for Federal tax benefits: (a) Grants.gov announcing the availability The historic character of the property, of $5 million in Fiscal Year (FY) 2009 AGENCY: National Park Service, Interior. and (b) that the rehabilitation work is funding for the Tribal Colleges and ACTION: Notice and request for consistent with that historic character. Universities Program. The Department comments. The NPS administers the program with reviewed, evaluated and scored the the Internal Revenue Service. NPS uses applications received based on the SUMMARY: Under the provisions of the the Historic Preservation Certification criteria in the NOFA. As a result, HUD Paperwork Reduction Act of 1995 and 5 Application to evaluate the condition funded five applications. CFR Part 1320, Reporting and and historic significance of buildings Recordkeeping Requirements, the undergoing rehabilitation for continued The Department reviewed, evaluated, National Park Service (NPS) invites and scored the applications received use, and to evaluate whether the public comments on a revision of a rehabilitation work meets the Secretary based on the criteria in the NOFA. As currently approved collection of of the Interior’s Standards for a result, HUD has funded the information (OMB #1024–0009). Rehabilitation. The Standards for applications below, in accordance with DATES: Public comments on this Rehabilitation are available at 36 CFR section 102(a)(4)(C) of the Department of Information Collection Request (ICR) Part 67.7 and at http://www.nps.gov/ Housing and Urban Development will be accepted on or before October history/hps/tps/tax/ Reform Act of 1989 (103 Stat. 1987, 42 19, 2009. rehabstandards.htm. The Department of U.S.C. 3545). More information about ADDRESSES: You may submit comments the Interior regulation 36 CFR Part 67 the winners can be found at http:// directly to the Desk Officer for the contains a requirement for completion www.oup.org. Department of the Interior (OMB #1024– of an application form. The information 0009), Office of Information and required on the application form is Regulatory Affairs, Office of needed to allow the authorized officer to Management and Budget (OMB), by fax determine if the applicant is qualified to

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47956 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

obtain historic preservation Dated: September 15, 2009. Resources and Planning, National certifications from the Secretary of the Cartina Miller, Capital Region, National Park Service, Interior. These certifications are NPS Information Collection Clearance 1100 Ohio Drive, SW., Washington, DC necessary in order for an applicant to Officer. 20242. Copies of the EA can be receive substantial Federal tax [FR Doc. E9–22526 Filed 9–17–09; 8:45 am] downloaded from PEPC and will also be incentives authorized by Section 47 of BILLING CODE 4312–52–P available for review at the National the Internal Revenue Code. These Capital Region Headquarters, 1100 Ohio incentives include 20% Federal income Drive, SW., Washington, DC 20242 tax credit for the rehabilitation of DEPARTMENT OF THE INTERIOR Before including your address, phone historic buildings and an income tax number, e-mail address, or other deduction for the donation of easements National Park Service personal identifying information in your on historic properties. The Internal comment, you should be aware that Environmental Assessment for the your entire comment—including your Revenue Code also provides a 10% Establishment of the Martin Luther Federal income tax credit for the personal identifying information—may King Jr. Memorial; Notice of be made publicly available at any time. rehabilitation of non-historic buildings Availability built before 1936. Owners of non- While you can ask us in our comment historic buildings in historic districts AGENCY: Department of the Interior, to withhold your personal identifying must also use the application to obtain National Park Service. information from public review, we a certification from the Secretary of the ACTION: Notice of availability. cannot guarantee that we will be able to Interior that their building does not do so. contribute to the significance of the SUMMARY: Pursuant to the Council of FOR FURTHER INFORMATION CONTACT: Mr. historic district before they claim this Environmental Quality regulations and Doug Jacobs, Deputy Associate Regional lesser tax credit for rehabilitation. National Park Service policy, this notice Director for Lands, Resources, and announces the availability of a revised Affected public: Individuals or Planning at (202) 619–7025. Environmental Assessment (EA) for the households, businesses. SUPPLEMENTARY INFORMATION: In 2005 establishment and operation of a the NPS and the Martin Luther King, Jr. Obligation to respond: Responses are national memorial to Dr. Martin Luther National Memorial Project Foundation required to obtain the benefit applied King, Jr., to be located on parkland in Inc. released an EA. Subsequently, after for. Washington, DC. The EA was first the 2005 EA went through the public Frequency of response: On occasion. released in 2005. The proposed Martin comment process, revisions were made Estimated total annual responses: Luther King, Jr. Memorial (Memorial) is to the Memorial, including the addition 5,578 responses. A total of 1,583 for conceived as a space that is quiet and of a visitor services facility, security Form 10–168, a total of 1,245 for Form contemplative; but also uses powerful features, and the realignment of West 10–168a, a total of 1,780 for Form 10– and evocative symbolism to convey Dr. Basin Drive. Consistent with Council on 168b, and a total of 970 for Form 10– King’s message of justice, democracy, Environmental Quality policy, the NPS 168c. and hope. The approved site for the requires that the EA be rewritten to Martin Luther King, Jr. Memorial is a incorporate and consider new issues Estimated average completion time four-acre parcel of land located on the rather than supplemented. This revised per response: Completion times vary northwestern side of the Tidal Basin EA, therefore, adds to, and expands from .5 to 39.8 hours. within West Potomac Park (the project upon, the information and impact Estimated annual reporting burden: area). The triangular-shaped site is analysis presented in the original 2005 25,798 hours. located across the Tidal Basin from the Martin Luther King, Jr. National Estimated annual nonhour cost Jefferson Memorial and approximately Memorial EA. The NPS will issue a burden: $7,001,644 (application fees 750 feet north of the Franklin Delano decision on this revised EA. and contractor costs). Roosevelt Memorial. The site is September 10, 2009. Comments are invited on: (1) the generally bounded by Independence Margaret O’Dell, Avenue on the north, the pedestrian practical utility of the information being Regional Director, National Capital Region. gathered; (2) the accuracy of the burden walkway of the Tidal Basin on the east, the Franklin Delano Roosevelt Memorial [FR Doc. E9–22528 Filed 9–17–09; 8:45 am] hour estimate; (3) ways to enhance the BILLING CODE 4312–JK–P quality, utility, and clarity of the on the south, and recreational open information to be collected; and (4) space on the west. The site also includes ways to minimize the burden to a portion of West Basin Drive. This EA DEPARTMENT OF THE INTERIOR respondents, including use of has been revised to incorporate and automated information collection address changes that were made in the National Park Service techniques or other forms of information proposal after the 2005 EA was issued, National Register of Historic Places; technology. Before including your and to otherwise update the EA. Notification of Pending Nominations address, phone number, e-mail address, DATES: There will be a 30-day public and Related Actions or other personal identifying review period for comment on this information in your comment, you document. Comments on this EA should Nominations for the following should be aware that your entire be received no later than October 19, properties being considered for listing comment—including your personal 2009. or related actions in the National identifying information—may be made ADDRESSES: Comments should be Register were received by the National publicly available at any time. While submitted either via the National Park Park Service before September 4, 2009. you can ask us in your comment to Service Planning, Environment, and Pursuant to section 60.13 of 36 CFR, withhold your personal identifying Public Comment (PEPC) Web site Part 60 written comments concerning information from public review, we (http://parkplanning.nps.gov/NAMA) or the significance of these properties cannot guarantee that OMB will be able in writing to Mr. Doug Jacobs, Deputy under the National Register criteria for to do so. Associate Regional Director for Lands, evaluation may be forwarded by United

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47957

States Postal Service, to the National Free Synagogue of Flushing, 41–60 Kissena Dated: September 8, 2009. Register of Historic Places, National Blvd., Flushing, 09000834. J. Paul Loether, Park Service, 1849 C St., NW., 2280, Wayne County Chief, National Register of Historic Places, Washington, DC 20240; by all other Alasa Farms, 6450 Shaker Rd., Alton, National Historic Landmarks Program. carriers, National Register of Historic 09000835. KEY: State, County, Property Name, Address/ Places, National Park Service, 1201 Eye Palmyra Village Historic District, Portions of Boundary, City, Vicinity, Reference Number, St., NW., 8th floor, Washington, DC Canandaigue, Church, Cuyler, E. and W. Action, Date, Multiple Name 20005; or by fax, 202–371–6447. Written Jackson, Market, E. and W. Main Sts., ARIZONA or faxed comments should be submitted Palmyra, 09000836. by October 5, 2009. Westchester County Maricopa County J. Paul Loether, New Rochelle Railroad Station, Between N. Arizona State Hospital Building, 2500 E. Van Buren St., Phoenix, 09000510, Listed, Chief, National Register of Historic Places/ Ave. and Memorial Hwy., New Rochelle, 7/15/09 National Historic Landmarks Program. 09000837. Southern Pacific Railroad Locomotive No. SP CALIFORNIA Wyoming County 2562 and Tender No. 8365, 330 E. Ryan Rd., Chandler, 09000511, Listed, Orange County Fleming, Bryant, House, 1024 Tower Rd., Wyoming, 09000838. 7/17/09 Stroschein, Carl, House, 31682 El Camino Real, San Juan Capistrano, 09000823. TEXAS ARKANSAS GEORGIA Collin County Fulton County Fulton County Celina Public School, 205 S. Colorado St., Mammoth Spring Dam and Lake, 17 US 63 Celina, 09000839. N., Mammoth Spring, 09000512, Listed, 7/ Hapeville Historic District, 1–75 E., Mt. Zion 15/09 Rd. N., I–85 W., and Airport Loop Rd. S., Matagorda County Sylvan and Springdale Rds. W. of I–85, Hill, R.J., Building, 401 Commerce St., Pulaski County Hapeville, 09000824. Palacios, 09000840. Federal Reserve Bank Building (Boundary IOWA Price-Farwell House, 308 S. Bay Blvd., Increase), 123 W. 3rd St., Little Rock, Palacios, 09000841. 09000513, Listed, 7/15/09 (Thompson, Cerro Gordo County Request for REMOVAL has been made for Charles L., Design Collection TR) East Park Band Shell, E. State St. between the following resources: North Carolina and Kentucky, Mason City, Sebastian County 09000825. HAWAII Hartford Commercial Historic District, Davis County Honolulu County Buildings on the E. side of Broadway St. from 12 N. Broadway to 106 S. Broadway, Aiea Sugar Mill, 99–197 Aiea Heights Dr., ‘‘Lockkeeper’s’’ House, Whitefish Trail, Hartford, 09000514, Listed, 7/15/09 Eldon, 09000826. Aiea, 95001501. Young, Alexander, Building, Bishop St., CALIFORNIA MASSACHUSETTS Honolulu, 80001284. Los Angeles County Worcester County [FR Doc. E9–22521 Filed 9–17–09; 8:45 am] Killingsworth, Brady, & Smith, 3827–3837 West Village Historic District, Allen Hill, BILLING CODE 4310–70–P Long Beach Blvd., Long Beach, 09000515, Goodnow, Hubbardston, and Radford Rds., Princeton, 09000827. Listed, 7/15/09 MINNESOTA DEPARTMENT OF THE INTERIOR IOWA Winneshiek County St. Louis County National Park Service ROBERT WALLACE (bulk carrier) shipwreck Big Stone Mills, 113 N. Main St., Spillville, site, (Minnesota’s Lake Superior National Register of Historic Places; 09000516, Listed, 7/15/09 (Flour Milling in Shipwrecks MPS), Address Restricted, Weekly Listing of Historic Properties Iowa MPS) Palmers, 09000828. LOUISIANA Pursuant to (36CFR60.13(b,c)) and MISSOURI (36CFR63.5), this notice, through Lafourche Parish Cape Girardeau County publication of the information included Vives House, 923 Jackson St., Thibodaux, South Middle Street Historic District, 513 herein, is to apprise the public as well 09000517, Listed, 7/15/09 William St., 202–230 S. Middle St., and as governmental agencies, associations St. Tammany Parish 203–229 S. Middle, Cape Girardeau, and all other organizations and 09000829. individuals interested in historic Haaswood Store, 62011 US 1091, Pearl River vicinity, 09000518, Listed, 7/15/09 Jackson County preservation, of the properties added to, Mercantile Bank & Trust Building, 1101 or determined eligible for listing in, the MARYLAND Walnut St., Kansas City, 09000830. National Register of Historic Places from Carroll County July 13, to July 17, 2009. NEW YORK For further information, please Taylor-Manning-Leppo House, 2600 Patapsco Rd., Finksburg vicinity, 09000519, Listed, Bronx County contact Edson Beall via: United States 7/15/09 Tremont Baptist Church, 324 E. Tremont Postal Service mail, at the National Ave., Bronx, 09000831. Register of Historic Places, 2280, MICHIGAN National Park Service, 1849 C St., NW., Onondaga County Allegan County Washington, DC 20240; in person (by Leiendecker’s Inn—Coral Gables, 220 Water South Salina Street Downtown Historic appointment), 1201 Eye St., NW., 8th St., Saugatuck, 09000520, Listed, 7/16/09 District, S. Salina St., Syracuse, 09000832. Floor, Washington, DC 20005; by fax, Queens County 202–371–2229; by phone, 202–354– Berrien County Astoria Center of Israel, 27–35 Crescent St., 2255; or by e-mail, Lakeside Inn, 15251 Lakeshore Rd., Lakeside, Astoria, 09000833. [email protected]. 09000521, Listed, 7/16/09

VerDate Nov<24>2008 17:16 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47958 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

Houghton County Cheyenne vicinity, 09000565, Listed, (3) Enhance the quality, utility, and Lake Linden Historic District, Calumet St. 7/14/09 clarity of the information to be between 1st and 8th plus parts of Hecla [FR Doc. E9–22517 Filed 9–17–09; 8:45 am] collected; and and Schoolcraft Sts., Lake Linden, BILLING CODE P (4) Minimize the burden of the 09000522, Listed, 7/16/09 collection of information on those who Van Buren County are to respond, including through the use of appropriate automated, Bangor Elevator, 142 W. Monroe St., Bangor, DEPARTMENT OF JUSTICE electronic, mechanical, or other 09000523, Listed, 7/14/09 technological collection techniques or Wayne County [OMB Number 1122–NEW] other forms of information technology, Eberts, John and Emma Lacey, House, 109 e.g., permitting electronic submission of Vinewood Ave., Wyandotte, 09000524, Office on Violence Against Women; responses. Listed, 7/16/09 Agency Information Collection Activities: New Collection Overview of This Information Wayne County Collection Wyandotte Odd Fellows Temple, 81 Chestnut ACTION: 30-day notice of information (1) Type of Information Collection: St., Wyandotte, 09000527, Listed, 7/16/09 collection under review: Annual New collection. NEBRASKA Progress Report for the Sexual Assault (2) Title of the Form/Collection: Services Formula Grant Program. Annual Progress Report for Grantees Buffalo County from the Sexual Assault Services Kearney National Guard Armory, 1600 The Department of Justice, Office on Formula Grant Program (SASP). Central Ave., Kearney, 09000525, Listed, 7/ Violence Against Women (OVW), will (3) Agency form number, if any, and 16/09 be submitting the following information the applicable component of the Douglas County collection request to the Office of Department of Justice sponsoring the Northwestern Bell Telephone Company Management and Budget (OMB) for collection: Form Number: 1122–XXXX. Regional Headquarters, 100 S. 19th St., review and approval in accordance with U.S. Department of Justice, Office on Omaha, 09000526, Listed, 7/17/09 the Paperwork Reduction Act of 1995. Violence Against Women. The proposed information collection is (4) Affected public who will be asked Fillmore County published to obtain comments from the or required to respond, as well as a brief Maple Grove Sales Pavilion and Farrowing public and affected agencies. This abstract: The affected public includes Barn, 2408 Rd. W, Tobias, 09000528, proposed information collection was the 606 administrators and subgrantees Listed, 7/16/09 previously published in the Federal of the SASP. SASP formula grants NORTH CAROLINA Register Volume 74, Number 136, page support intervention, advocacy, Greene County 34787 on July 17, 2009, allowing for a accompaniment, support services, and 60-day comment period. related assistance for adult, youth, and Neoheroka Fort Site, Address Restricted, The purpose of this notice is to allow Snow Hill vicinity, 09000529, Listed, 7/17/ child victims of sexual assault, family 09 for an additional 30 days for public and household members of victims, and comment until October 19, 2009. This those collaterally affected by the sexual OREGON process is conducted in accordance with assault. The SASP supports the Clackamas County 5 CFR 1320.10. establishment, maintenance, and Iron Workers’ Cottage, 40 Wilbur St., Lake Written comments and/or suggestions expansion of rape crisis centers and Oswego, 09000531, Listed, 7/16/09 regarding the items contained in this other programs and projects to assist notice, especially the estimated public those victimized by sexual assault. The Deschutes County burden and associated response time, grant funds are distributed by SASP Pictograph Site, Address Restricted, Brothers should be directed to the Office of state administrators to subgrantees as vicinity, 09000532, Listed, 7/17/09 Management and Budget, Office of outlined under the provisions of the TENNESSEE Information and Regulatory Affairs, Violence Women Act of 2005. Attention Department of Justice Desk (5) An estimate of the total number of Knox County Officer, Washington, DC 20503. respondents and the amount of time Stratford, 809 Dry Gap Pike, Knoxville, Additionally, comments may be estimated for an average respondent to 09000536, Listed, 7/16/09 (Knoxville and submitted to OMB via facsimile to (202) respond/reply: It is estimated that it will Knox County MPS) 395–5806. take the approximately 606 respondents VIRGINIA Written comments and suggestions (SASP grantees and subgrantees) Prince William County from the public and affected agencies approximately one hour to complete an concerning the proposed collection of annual progress report. The annual Commanding General’s Quarters, Quantico information are encouraged. Your Marine Base, 100 Block of Neville Rd., progress report is divided into sections Quantico Marine Base, Quantico, comments should address one or more that pertain to the different types of 09000540, Listed, 7/17/09 of the following four points: activities in which subgrantees may (1) Evaluate whether the proposed engage. An SASP subgrantee will only WASHINGTON collection of information is necessary be required to complete the sections of Kittitas County for the proper performance of the the form that pertain to its own specific Thorp Grade School, 10831 N. Thorp Hwy., functions of the agency, including activities. Thorp, 09000541, Listed, 7/16/09 (Rural whether the information will have (6) An estimate of the total public Public Schools of Washington State MPS) practical utility; burden (in hours) associated with the (2) Evaluate the accuracy of the collection: The total annual hour burden WYOMING agency’s estimate of the burden of the to complete the data collection forms is Laramie County proposed collection of information, 606 hours, that is 606 administrators Crow Creek—Cole Ranch Headquarters including the validity of the and subgrantees completing a form Historic District, 1065 Happy Jack Rd., methodology and assumptions used; twice a year with an estimated

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47959

completion time for the form being one comments should address one or more sections of the form that pertain to its hour. of the following four points: own specific activities. If additional information is required, (1) Evaluate whether the proposed (6) An estimate of the total public contact: Lynn Bryant, Department collection of information is necessary burden (in hours) associated with the Clearance Officer, United States for the proper performance of the collection: The total annual hour burden Department of Justice, Justice functions of the agency, including to complete the data collection forms is Management Division, Policy and whether the information will have 22 hours, that is 11 grantees completing Planning Staff, Suite 1600, Patrick practical utility; a form twice a year with an estimated Henry Building, 601 D Street, NW., (2) Evaluate the accuracy of the completion time for the form being one Washington, DC 20530. agency’s estimate of the burden of the hour. If additional information is required Dated: September 15, 2009. proposed collection of information, including the validity of the contact: Lynn Bryant, Department Lynn Bryant, Clearance Officer, United States Department Clearance Officer, PRA, United methodology and assumptions used; (3) Enhance the quality, utility, and Department of Justice, Justice States Department of Justice. Management Division, Policy and [FR Doc. E9–22532 Filed 9–17–09; 8:45 am] clarity of the information to be collected; and Planning Staff, Suite 1600, Patrick BILLING CODE 4410–FX–P Henry Building, 601 D Street, NW., (4) Minimize the burden of the Washington, DC 20530. collection of information on those who DEPARTMENT OF JUSTICE are to respond, including through the Dated: September 15, 2009. use of appropriate automated, Lynn Bryant, Office on Violence Against Women electronic, mechanical, or other Department Clearance Officer, PRA, United technological collection techniques or States Department of Justice. [OMB Number 1122–NEW] other forms of information technology, [FR Doc. E9–22535 Filed 9–17–09; 8:45 am] e.g., permitting electronic submission of BILLING CODE 4410–FX–P Agency Information Collection responses. Activities: New Collection Overview of This Information DEPARTMENT OF JUSTICE ACTION: 30-day notice of informaton Collection collection under review: Semi-Annual Office on Violence Against Women Progress Report for the Sexual Assault (1) Type of Information Collection: Services Program—Grants to Culturally New collection. [OMB Number 1122—NEW] Specific Programs. (2) Title of the Form/Collection: Semi- Annual Progress Report for Grantees Agency Information Collection The Department of Justice, Office on from the Sexual Assault Services Activities: New Collection Violence Against Women (OVW), will Program—Grants to Culturally Specific ACTION: 30-day notice of information be submitting the following information Programs (SASP-Culturally Specific collection under review: Semi-Annual collection request to the Office of Program). Progress Report for the Grants To Management and Budget (OMB) for (3) Agency form number, if any, and Enhance Culturally and Linguistically review and approval in accordance with the applicable component of the Specific Services for Victims of the Paperwork Reduction Act of 1995. Department of Justice sponsoring the Domestic Violence, Dating Violence, The proposed information collection is collection: Form Number: 1122–XXXX. Sexual Assault, and Stalking. published to obtain comments from the U.S. Department of Justice, Office on public and affected agencies. Violence Against Women. The Department of Justice, Office on This proposed information collection (4) Affected public who will be asked Violence Against Women (OVW), has was previously published in the Federal or required to respond, as well as a brief submitted the following information Register Volume 74, Number 136, page abstract: The affected public includes collection request to the Office of 34787 on July 17, 2009, allowing for a the approximately 11 grantees of the Management and Budget (OMB) for 60-day comment period. SASP Culturally Specific Program. This review and approval in accordance with The purpose of this notice is to allow program supports projects that create, the Paperwork Reduction Act of 1995. for an additional 30 days for public maintain and expand sustainable sexual The proposed information collection is comment until October 19, 2009. This assault services provided by culturally published to obtain comments from the process is conducted in accordance with specific organizations, which are public and affected agencies. This 5 CFR 1320.10. uniquely situated to respond to the proposed information collection was Written comments and/or suggestions needs of sexual assault victims within previously published in the Federal regarding the items contained in this culturally specific populations. Register Volume 74, Number 136, page notice, especially the estimated public (5) An estimate of the total number of 34786 on July 17, 2009, allowing for a burden and associated response time, respondents and the amount of time 60-day comment period. should be directed to the Office of estimated for an average respondent to The purpose of this notice is to allow Management and Budget, Office of respond/reply: It is estimated that it will for an additional 30 days for public Information and Regulatory Affairs, take the approximately 11 respondents comment until October 19, 2009. This Attention Department of Justice Desk (SASP-Culturally Specific Program process is conducted in accordance with Officer, Washington, DC 20503. grantees) approximately one hour to 5 CFR 1320.10. Additionally, comments may be complete a semi-annual progress report. Written comments and/or suggestions submitted to OMB via facsimile to (202) The semi-annual progress report is regarding the items contained in this 395–5806. divided into sections that pertain to the notice, especially the estimated public Written comments and suggestions different types of activities in which burden and associated response time, from the public and affected agencies grantees may engage. A SASP– should be directed to the Office of concerning the proposed collection of Culturally Specific Program grantee will Management and Budget, Office of information are encouraged. Your only be required to complete the Information and Regulatory Affairs,

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47960 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

Attention Department of Justice Desk to services and resources for victims of will be accepted for ‘‘sixty days’’ until Officer, Washington, DC 20503. violence against women. November 17, 2009. Additionally, comments may be (5) An estimate of the total number of If you have additional comments, submitted to OMB via facsimile to (202) respondents and the amount of time suggestions, or need a copy of the 395–5806. estimated for an average respondent to proposed information collection Written comments and suggestions respond/reply: It is estimated that it will instrument with instructions or from the public and affected agencies take the approximately 50 respondents additional information, please contact concerning the proposed collection of (Culturally and Linguistically Specific Marcia K. Paull, Chief Financial Officer information are encouraged. Your Services Program grantees) at (202)–353–2820, Office of the Chief comments should address one or more approximately one hour to complete a Financial Officer, Office of Justice of the following four points: semi-annual progress report. The semi- Programs, U.S. Department of Justice, (1) Evaluate whether the proposed annual progress report is divided into 810 7th Street, NW., Washington, DC collection of information is necessary sections that pertain to the different 20531. for the proper performance of the types of activities in which grantees Written comments and suggestions functions of the agency, including may engage. A Culturally and from the public and affected agencies whether the information will have Linguistically Specific Services Program concerning the proposed collection of practical utility; grantee will only be required to information should address one or more (2) Evaluate the accuracy of the complete the sections of the form that of the following four points: agency’s estimate of the burden of the pertain to its own specific activities. (1) Evaluate whether the proposed proposed collection of information, (6) An estimate of the total public collection of information is necessary including the validity of the burden (in hours) associated with the for the proper performance of the methodology and assumptions used; collection: The total annual hour burden function of the agency, including (3) Enhance the quality, utility, and to complete the data collection forms is whether the information will have clarity of the information to be 100 hours, that is 50 grantees practical utility; collected; and completing a form twice a year with an (2) Evaluate the accuracy of the (4) Minimize the burden of the estimated completion time for the form agency’s estimate of the burden of the collection of information on those who being one hour. proposed collection of information, are to respond, including through the If additional information is required including the validity of the use of appropriate automated, contact: Lynn Bryant, Department methodology and assumptions used; electronic, mechanical, or other Clearance Officer, United States (3) Enhance the quality, utility, and technological collection techniques or Department of Justice, Justice clarity of the information to be other forms of information technology, Management Division, Policy and collected; and e.g., permitting electronic submission of Planning Staff, Suite 1600, Patrick (4) Minimize the burden of the responses. Henry Building, 601 D Street, NW., collection of information on those who are to respond, including through the Overview of This Information Washington, DC 20530. use of appropriate automated, Collection Dated: September 15, 2009. electronic, mechanical, or other Lynn Bryant, (1) Type of Information Collection: technological collection techniques or New collection. Department Clearance Officer, PRA, United other forms of information technology, States Department of Justice. (2) Title of the Form/Collection: Semi- e.g., permitting electronic submission of Annual Progress Report for Grantees [FR Doc. E9–22487 Filed 9–17–09; 8:45 am] responses. from Grants to Enhance Culturally and BILLING CODE 4410–FX–P Overview of this information: Linguistically Specific Services for (1) Type of information collection: Victims of Domestic Violence, Dating Reinstatement, with change, of a Violence, Sexual Assault, and Stalking DEPARTMENT OF JUSTICE previously approved collection for (Culturally and Linguistically Specific Office of Justice Programs which approval has expired. Services Program). (2) The title of the form/collection: (3) Agency form number, if any, and [OMB Number 1121–00188] Budget Detail Worksheet. the applicable component of the (3) The agency form number, if any, Department of Justice sponsoring the Agency Information Collection and the applicable component of the collection: Form Number: 1122–XXXX. Activities: Proposed Collection; Department sponsoring the collection: U.S. Department of Justice, Office on Comment Request Non-applicable. Violence Against Women. (4) Affected public who will be asked ACTION: (4) Affected public who will be asked 60-day notice of information or required to respond, as well as a brief or required to respond, as well as a brief collection under review; Extension abstract: Primary: All potential grantee abstract: The affected public includes without change of a currently approved partners who are possible recipients of the approximately 50 grantees of the collection. our discretionary grant programs. The Culturally and Linguistically Specific eligible recipients include state and Services Program. The program funds Budget Detail Worksheet local governments, Indian tribes, profit projects that promote the maintenance The Department of Justice, Office of entities, non-profit entities, educational and replication of existing successful Justice Programs, Office of the institutions, and individuals. domestic violence, dating violence, Comptroller, will be submitting the The form is not mandatory and is sexual assault, and stalking community- following information collection request recommended as a guide to assist the based programs providing culturally for review and clearance in accordance recipient in preparing the budget and linguistically specific services and with the Paperwork Reduction Act of narrative as authorized in 28 CFR parts other resources. The program also 1995. This proposed information 66 and 70. supports the development of innovative collection is published to obtain (5) An estimate of the total number of culturally and linguistically specific comments from the public and affected respondents and the amount of time strategies and projects to enhance access agencies. Comments are encouraged and estimated for an average respondent to

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47961

respond/reply: It is estimated that 2500 to the Drug Enforcement and testing of the company’s physical respondents will complete a 4-hour Administration, Office of Diversion security systems, verification of the form. Control, Federal Register Representative company’s compliance with State and (6) An estimate of the total public (ODL), 8701 Morrissette Drive, local laws, and a review of the burden (in hours) associated with the Springfield, VA. 22152; and must be company’s background and history. collection: The total hour burden to filed no later than October 19, 2009. Therefore, pursuant to 21 U.S.C. 952(a) complete the forms is 10,000 annual This procedure is to be conducted and § 958(a), and in accordance with 21 burden hours. simultaneously with, and independent CFR 1301.34, the above named company If additional information is required of, the procedures described in 21 CFR is granted registration as an importer of contact: Lynn Bryant, Department 1301.34(b), (c), (d), (e) and (f). As noted the basic class of controlled substance Clearance Officer, United States in a previous notice published in the listed. Department of Justice, Policy and Federal Register on September 23, 1975, Dated: September 14, 2009. Planning Staff, Justice Management (40 FR 43745–46), all applicants for Joseph T. Rannazzisi, Division, Suite 1600, Patrick Henry registration to import a basic class of Deputy Assistant Administrator, Office of Building, 601 D Street, NW., any controlled substance in schedule I Diversion Control, Drug Enforcement Washington, DC 20530. or II are and will continue to be, Administration. Dated: September 14, 2009. required to demonstrate to the Deputy [FR Doc. E9–22506 Filed 9–17–09; 8:45 am] Assistant Administrator, Office of Lynn Bryant, BILLING CODE 4410–09–M Diversion Control, Drug Enforcement Department Clearance Officer, PRA, United States Department of Justice. Administration, that the requirements for such registration pursuant to 21 [FR Doc. E9–22450 Filed 9–17–09; 8:45 am] DEPARTMENT OF JUSTICE U.S.C. § 958(a); 21 U.S.C. 823(a); and 21 BILLING CODE 4410–18–P CFR § 1301.34(b), (c), (d), (e), and (f) are Drug Enforcement Administration satisfied. Importer of Controlled Substances; DEPARTMENT OF JUSTICE Dated: September 14, 2009. Notice of Registration Joseph T. Rannazzisi, Drug Enforcement Administration Deputy Assistant Administrator, Office of By Notice dated June 15, 2009, and Diversion Control, Drug Enforcement published in the Federal Register on Importer of Controlled Substances; Administration. June 23, 2009, (74 FR 29719), Aptuit Notice of Application [FR Doc. E9–22502 Filed 9–17–09; 8:45 am] (Allendale) Inc., 75 Commerce Drive, Pursuant to 21 U.S.C. 958(i), the BILLING CODE 4410–09–P Allendale, New Jersey 07401, made Attorney General shall, prior to issuing application by renewal to the Drug a registration under this Section to a Enforcement Administration (DEA) to bulk manufacturer of a controlled DEPARTMENT OF JUSTICE be registered as an importer of the basic substance in schedule I or II and prior classes of controlled substances listed in to issuing a regulation under 21 U.S.C. Drug Enforcement Administration schedule II: 952(a)(2) authorizing the importation of Importer of Controlled Substances; Drug Schedule such a substance, provide Notice of Registration manufacturers holding registrations for Lisdexamfetamine (1205) ...... II the bulk manufacture of the substance By Notice dated June 22, 2009, and Noroxymorphone (9668) ...... II an opportunity for a hearing. published in the Federal Register on Therefore, in accordance with Title 21 June 26, 2009, (74 FR 30621), Noramco, The company plans to import the Code of Federal Regulations (CFR), Inc., Division of Ortho-McNeil, Inc., 500 basic classes of controlled substances 1301.34(a), this is notice that on May 8, Swedes Landing Road, Wilmington, for clinical trials and research. 2009, DDN/Obergfel LLC., 1560–A S. Delaware 19801, made application by No comments or objections have been Baker Avenue, Ontario, California letter to the Drug Enforcement received. DEA has considered the 91761, made application by renewal to Administration (DEA) to be registered as factors in 21 U.S.C. 823(a) and 952(a) the Drug Enforcement Administration an importer of Tapentadol (9780), a and determined that the registration of (DEA) to be registered as an importer of basic class of controlled substance listed Aptuit (Allendale), Inc. to import the Remifentanil (9739), a basic class of in schedule II. basic classes of controlled substances is controlled substance listed in schedule The company plans to import an consistent with the public interest and II. intermediate of the basic class listed for with United States obligations under The company plans to import the bulk manufacture of Tapentadol international treaties, conventions, or Remifentanil in bulk for distribution to which it will distribute to its customers. protocols in effect on May 1, 1971, at dosage form manufacturers. No comments or objections have been this time. DEA has investigated Aptuit Any bulk manufacturer who is received. DEA has considered the (Allendale), Inc. to ensure that the presently, or is applying to be, factors in 21 U.S.C. 823(a) and § 952(a) company’s registration is consistent registered with DEA to manufacture and determined that the registration of with the public interest. The such basic class of controlled substance Noramco, Inc. to import the basic class investigation has included inspection may file comments or objections to the of controlled substance is consistent and testing of the company’s physical issuance of the proposed registration with the public interest and with United security systems, verification of the and may, at the same time, file a written States obligations under international company’s compliance with state and request for a hearing on such treaties, conventions, or protocols in local laws, and a review of the application pursuant to 21 CFR 1301.43 effect on May 1, 1971, at this time. DEA company’s background and history. and in such form as prescribed by 21 has investigated Noramco, Inc. to ensure Therefore, pursuant to 21 U.S.C. 952(a) CFR 1316.47. that the company’s registration is and 958(a), and in accordance with 21 Any such comments or objections consistent with the public interest. The CFR 1301.34, the above named company should be addressed, in quintuplicate, investigation has included inspection is granted registration as an importer of

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47962 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

the basic classes of controlled DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE substances listed. Drug Enforcement Administration Drug Enforcement Administration Dated: September 14, 2009. Joseph T. Rannazzisi, Importer of Controlled Substances Manufacturer of Controlled Deputy Assistant Administrator, Office of Notice of Registration Substances; Notice of Application Diversion Control, Drug Enforcement Pursuant to § 1301.33(a) of Title 21 of By Notice dated June 15, 2009, and Administration. the Code of Federal Regulations (CFR), published in the Federal Register on [FR Doc. E9–22505 Filed 9–17–09; 8:45 am] this is notice that on July 2, 2009, GE June 24, 2009, (74 FR 30111), AllTech BILLING CODE 4410–09–M Healthcare, 3350 North Ridge Avenue, Associates Inc., 2051 Waukegan Road, Arlington Heights, Illinois 60004–1412, Deerfield, Illinois 60015, made made application by renewal to the application to the Drug Enforcement DEPARTMENT OF JUSTICE Drug Enforcement Administration Administration (DEA) to be registered as (DEA) as a bulk manufacturer of Cocaine an importer of the basic classes of Drug Enforcement Administration (9041), a basic class of controlled controlled substances listed in substance in schedule II. Importer of Controlled Substances schedules I and II: The company plans to manufacture a Notice of Registration radioactive product used in diagnostic imaging in the diagnosis of Parkinson’s By Notice dated June 15, 2009, and Disease and for manufacture in bulk for Drug Schedule published in the Federal Register on investigational new drug (IND) June 23, 2009 (74 FR 29718), Aptuit, submission and clinical trials. 10245 Hickman Mills Drive, Kansas Gamma Hydroxybutyric Acid I (2010). Any other such applicant, and any City, Missouri 64137, made application Heroin (9200) ...... I person who is presently registered with by renewal to the Drug Enforcement Cocaine (9041) ...... II DEA to manufacture such a substance, Administration (DEA) to be registered as Codeine (9050) ...... II may file comments or objections to the an importer of Marihuana (7360), a basic Hydrocodone (9193) ...... II issuance of the proposed registration class of controlled substance listed in Meperidine (9230) ...... II pursuant to 21 CFR 1301.33(a). schedule I. Methadone (9250) ...... II Any such written comments or The company plans to import a Morphine (9300) ...... II objections should be addressed, in finished pharmaceutical product quintuplicate, to the Drug Enforcement containing cannabis extracts in dosage The company plans to import these Administration, Office of Diversion form for packaging for a clinical trial controlled substances for the Control, Federal Register Representative (ODL), 8701 Morrissette Drive, study. manufacture of reference standards. Springfield, VA 22152; and must be No comments or objections have been No comments or objections have been filed no later than November 17, 2009. received. DEA has considered the received. DEA has considered the Dated: September 14, 2009. factors in 21 U.S.C. 823(a) and § 952(a) factors in 21 U.S.C. 823(a) and § 952(a) Joseph T. Rannazzisi, and determined that the registration of and determined that the registration of Aptuit to import the basic class of AllTech Associates, Inc. to import the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement controlled substance is consistent with basic classes of controlled substances is consistent with the public interest and Administration. the public interest and with United [FR Doc. E9–22503 Filed 9–17–09; 8:45 am] States obligations under international with United States obligations under international treaties, conventions, or BILLING CODE 4410–09–P treaties, conventions, or protocols in protocols in effect on May 1, 1971, at effect on May 1, 1971, at this time. DEA this time. DEA has investigated AllTech has investigated Aptuit to ensure that Associates, Inc. to ensure that the DEPARTMENT OF JUSTICE the company’s registration is consistent company’s registration is consistent Drug Enforcement Administration with the public interest. The with the public interest. The investigation has included inspection investigation has included inspection and testing of the company’s physical Manufacturer of Controlled and testing of the company’s physical Substances Notice of Registration security systems, verification of the security systems, verification of the company’s compliance with state and company’s compliance with state and By Notice dated June 3, 2009, and local laws, and a review of the local laws, and a review of the published in the Federal Register on company’s background and history. company’s background and history. June 9, 2009, (74 FR 27350), Norac Inc., Therefore, pursuant to 21 U.S.C. 952(a) Therefore, pursuant to 21 U.S.C. 952(a) 405 S. Motor Avenue, P.O. Box 577, and § 958(a), and in accordance with 21 and § 958(a), and in accordance with 21 Azusa, California 91702–3232, made CFR 1301.34, the above named company CFR 1301.34, the above named company application by letter to the Drug is granted registration as an importer of is granted registration as an importer of Enforcement Administration (DEA) to the basic class of controlled substance the basic classes of controlled be registered as a bulk manufacturer of listed. substances listed. Nabilone (7379), a basic class of controlled substance listed in schedule Dated: September 11, 2009. Dated: September 11, 2009. II. Joseph T. Rannazzisi, Joseph T. Rannazzisi, The company plans to manufacture Deputy Assistant Administrator, Office of Deputy Assistant Administrator, Office of the bulk controlled substance for use in Diversion Control, Drug Enforcement Diversion Control, Drug Enforcement product development and for Administration. Administration. distribution to its customers. [FR Doc. E9–22451 Filed 9–17–09; 8:45 am] [FR Doc. E9–22452 Filed 9–17–09; 8:45 am] No comments or objections have been BILLING CODE 4410–09–P BILLING CODE 4410–09–P received. DEA has considered the

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47963

factors in 21 U.S.C. 823(a) and Written comments and requests for a Summary of Facts and determined that the registration of public hearing on the proposed Representations 2 Norac Inc. to manufacture the listed exemption should be submitted to the The Applicant basic class of controlled substance is Department within 45 days from the consistent with the public interest at date of publication of this Federal Prior to its bankruptcy filing on June this time. DEA has investigated Norac Register Notice. 1, 2009, General Motors Corporation Inc. to ensure that the company’s (Old GM) and its subsidiaries were registration is consistent with the public ADDRESSES: All written comments and engaged primarily in the worldwide interest. The investigation has included requests for a public hearing concerning development, production, and inspection and testing of the company’s the proposed exemption should be sent marketing of cars, trucks, and related physical security systems, verification to the Office of Exemption parts. Old GM had its largest operating of the company’s compliance with state Determinations, Employee Benefits presence in North America. As of March and local laws, and a review of the Security Administration, Room N–5700, 31, 2009, Old GM had total assets on its company’s background and history. U.S. Department of Labor, 200 consolidated balance sheet of Therefore, pursuant to 21 U.S.C. 823, Constitution Avenue, NW., Washington $82,290,000,000 and liabilities of and in accordance with 21 CFR 1301.33, DC 20210, Attention: Application No. $172,810,000,000. By motion filed June 1, 2009, in In re the above named company is granted L–11568. Interested persons are also General Motors Corporation, 3 Old GM registration as a bulk manufacturer of invited to submit comments and/or sought approval for the sale of the basic class of controlled substance hearing requests to EBSA via e-mail or listed. substantially all of its assets to a FAX. Any such comments or requests purchaser sponsored by the United Dated: September 11, 2009. should be sent either by e-mail to: States Department of the Treasury (U.S. Joseph T. Rannazzisi, [email protected], or by FAX to (202) 219– Treasury). On July 10, 2009, following Deputy Assistant Administrator, Office of 0204 by the end of the scheduled approval of the U.S. Bankruptcy Court Diversion Control, Drug Enforcement comment period. The application for for the Southern District of New York, Administration. exemption and the comments received certain assets and liabilities of Old GM [FR Doc. E9–22453 Filed 9–17–09; 8:45 am] will be available for public inspection in were sold to General Motors Company BILLING CODE 4410–09–P the Public Documents Room of the (New GM).4 New GM maintains its Employee Benefits Security headquarters in Detroit, MI, and Administration, U.S. Department of employs 235,000 people throughout the DEPARTMENT OF LABOR Labor, Room N–1513, 200 Constitution world. Employee Benefits Security Avenue, NW., Washington, DC 20210. Background Administration FOR FURTHER INFORMATION CONTACT: Throughout much of 2005, Old GM [Application No. L–11568] Karen E. Lloyd, Office of Exemption and the International Union, United Determinations, Employee Benefits Automobile, Aerospace and Agricultural Notice of Proposed Individual Security Administration, U.S. Implement Workers of America (UAW) Exemption Involving General Motors Department of Labor, telephone (202) engaged in extended discussions Corporation, Located in Detroit, MI 693–8547. (This is not a toll-free concerning the impact of rising health care costs on Old GM’s financial AGENCY: number.) Employee Benefits Security condition. During these discussions, Administration, U.S. Department of SUPPLEMENTARY INFORMATION: This Old GM asserted that it had the right to Labor. document contains a notice of proposed unilaterally modify the retiree health ACTION: Notice of proposed individual individual exemption from the benefits under the General Motors exemption. restrictions of sections 406(a)(1)(A), Health Care Program for Hourly This document contains a notice of 406(a)(1)(B), 406(a)(1)(D), 406(a)(1)(E), Employees (‘‘Old GM Plan’’) and that, if pendency before the Department of 406(a)(2), 406(b)(1), 406(b)(2), and no agreement was reached to address Labor (the Department) of a proposed 407(a) of ERISA. The proposed the economic burden of its retiree health individual exemption from certain exemption has been requested in an obligation, Old GM would do so prohibited transaction restrictions of the application filed by General Motors unilaterally. The UAW disagreed with Employee Retirement Income Security Corporation pursuant to section 408(a) Old GM’s position and asserted that Act of 1974 (the Act or ERISA). The of ERISA and in accordance with the retiree benefits were vested and that Old GM did not have the right to modify transactions involve the UAW General procedures set forth in 29 CFR 2570, Motors Company Retiree Medical them unilaterally. The UAW and a class Subpart B (55 FR 32836, August 10, of retirees (‘‘Class’’) sued Old GM over Benefits Plan (the New GM VEBA Plan) 1990). Effective December 31, 1978, and its associated UAW Retiree Medical this issue, and after an extensive review section 102 of Reorganization Plan No. by the UAW and class counsel (Class Benefits Trust (the VEBA Trust) 4 of 1978, (43 FR 47713, October 17, (collectively the VEBA).1 The proposed Counsel) of Old GM’s ability to continue 1978) transferred the authority of the providing retiree health care benefits, exemption, if granted, would affect the Secretary of the Treasury to issue VEBA, its participants and beneficiaries. the parties entered into a settlement exemptions of the type requested to the DATES: Effective Date: If granted, this Secretary of Labor. Accordingly, this 2 The Summary of Facts and Representations is proposed exemption will be effective as proposed exemption is being issued based on the Applicant’s representations and does of July 10, 2009. not reflect the views of the Department. solely by the Department. 3 No. 09–50026 (Bankr. S.D.N.Y.). 1 Because the New GM VEBA Plan will not be 4 Following the asset sale, Old GM was renamed qualified under section 401 of the Internal Revenue Motors Liquidation Company. For the operations, Code of 1986, there is no jurisdiction under Title assets and liabilities that were not transferred to II of the Act pursuant to section 4975 of the Code. New GM, the chapter 11 bankruptcy proceeding However, there is jurisdiction under Title I of the will continue in order to resolve creditors’ claims Act. and wind down those operations in an orderly way.

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47964 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

agreement, providing for, among other Settlement Agreement provided that on modification of labor contracts, (b) things, the institution of co-pays and the later of January 1, 2010, or final modification of Old GM’s obligations to deductibles under the Old GM Plan. court approval of the Settlement the New GM VEBA Plan, and (c) a bond UAW et al. v. General Motors Corp., No. Agreement, Old GM would terminate exchange offer with its creditors. Failure 05–CV–73991, 2006 WL 891151 (E.D. retiree coverage under the Old GM Plan to reach the preceding agreements, to Mich. Mar. 31, 2006), aff’d Int’l Union, for the Class and an additional group of the satisfaction of the President’s UAW v. General Motors Corp., 497 F.3d employees and retirees known as the designee, would cause the 2008 Loan to 615 (6th Cir. 2006) (‘‘Henry I’’). ‘‘Covered Group,’’ and would transfer become due and payable within 30 By its terms, however, the Henry I certain assets to the New GM VEBA days. settlement agreement provided only a Plan to provide the Class and Covered On March 31, 2009, Old GM entered temporary and limited solution. The Group with post-retirement medical into amendments to the 2008 Loan settlement agreement imposed new, benefits. The VEBA Trust was to receive Agreement that extended the deadline cost-sharing requirements on UAW- assets from a number of sources to June 1, 2009. Between March 31, hourly retirees, and required Old GM to including: funds that were then in the 2009, and June 1, 2009, Old GM drew make certain payments to a voluntary Mitigation VEBA and in the VEBA that additional government aid. On June 1, employees’ beneficiary association trust supports the Old GM Plan (‘‘the Internal 2009, Old GM filed for bankruptcy (‘‘Mitigation VEBA’’) controlled by a VEBA’’), cash from Old GM and Old GM protection. committee independent of Old GM, issued notes. which would act as a funding source to After a fairness hearing, the Henry II Bankruptcy mitigate the impact of these cost-sharing Settlement Agreement was approved by Given Old GM’s financial situation, provisions on retirees. The settlement the District Court on July 31, 2008, as the bankruptcy, and the need to meet agreement was to remain in effect until fair, reasonable, and adequate. See Int’l the requirements of the 2008 Loan at least September 14, 2011, after which Union, UAW, et al. v. General Motors Agreement, Old GM, the UAW, Class either Old GM or the UAW could Corp., No. 07–cv–14074, 2008 WL Counsel, and the U.S. Treasury agreed terminate the agreement and reassert its 2968408 (E.D. Mich. July 31, 2008). No that Old GM and the UAW would enter original position regarding Old GM’s appeal of the court’s order approving into another agreement, known as the ability to unilaterally modify and/or the settlement was taken. Modified Settlement Agreement, and terminate retiree health care benefits. If The Henry II Settlement Agreement seek approval of the Modified not terminated, the settlement fully resolved the parties’ dispute Settlement Agreement from the agreement would remain in effect regarding post-retirement health bankruptcy court. The Modified indefinitely. benefits and replaced the Henry I Settlement Agreement governed the In 2007, during labor negotiations settlement agreement. Under the new provision of post-retirement medical concerning a new national collective agreement, Old GM’s obligation to benefits to the Class and the Covered bargaining agreement for UAW- provide post-retirement medical Group by the new company (i.e., New represented employees, Old GM advised benefits to the Class and Covered Group GM) that was anticipated to purchase the UAW that it planned to terminate would be terminated. The New GM certain assets of Old GM as part of the the Henry I settlement agreement in VEBA Plan would be established and bankruptcy action. accordance with its terms in 2011, and maintained not by Old GM, but by an On July 5, 2009, the bankruptcy court exercise its right to unilaterally employees’ beneficiary association approved a sale under Section 363 of terminate and/or modify the Old GM consisting of the population covered by Title 11 of the U.S. Code by which New Plan’s retiree coverage for UAW retirees the New GM VEBA Plan and GM succeeded to certain assets and and their dependents, if Old GM’s administered by an independent liabilities of Old GM (‘‘Section 363 preference for a mutual agreement could committee (‘‘Committee’’). The New GM Sale’’). The bankruptcy court also not be attained. In response, the UAW VEBA Plan, to be funded exclusively approved the Modified Settlement reasserted its legal position that post- through the VEBA Trust, would be Agreement. The Section 363 Sale retirement medical coverage for current solely responsible for the payment of closed, and the Modified Settlement UAW retirees under the Old GM Plan is post-retirement medical benefits to Agreement was executed, on July 10, vested and unalterable, but agreed to members of the Class and Covered 2009. enter into discussions to see if a Group on and after January 1, 2010. Effective as of the Section 363 Sale, solution acceptable to all parties could Since final approval of the Henry II New GM has the following be negotiated. Settlement Agreement by the court on capitalization: On September 26, 2007, the UAW and July 31, 2008, Old GM’s financial Common Equity: The outstanding the Class sued Old GM in the United position deteriorated significantly due common stock of New GM (New GM States District Court for the Eastern to a steep and unanticipated decline in Common Stock) (without giving effect to District of Michigan, again challenging revenue caused by a dramatic drop in the warrants described below) is Old GM’s right to unilaterally modify the market for new motor vehicles. As allocated as follows: and/or terminate retiree health benefits. a consequence, Old GM petitioned the • 60.8% (304,131,356 shares) to the Int’l Union, UAW, et al. v. General Federal government for emergency U.S. Treasury 5 Motors Corp., No. 07–cv–14074 (E.D. financial assistance, which resulted in a Mich. Sept. 26, 2007) (‘‘Henry II’’). Also, Loan and Security Agreement dated 5 The Applicant’s position is that the U.S. on that day, Old GM and the UAW December 31, 2008, between Old GM Treasury’s ownership of more than 50% of New GM agreed to a memorandum of and the U.S. Treasury (‘‘2008 Loan should not result in the U.S. Treasury being considered a party in interest to the New GM VEBA understanding regarding post-retirement Agreement’’). The 2008 Loan Agreement Plan under section 3(14)(E) of ERISA. Section medical benefits. required Old GM to present, by March 3(14)(E) states that a party in interest means, as to On February 21, 2008, the Henry II 31, 2009, a certification and report an employee benefit plan, ‘‘an owner, direct or parties agreed on a detailed settlement detailing, among other things, the indirect, of 50 percent or more of * * * the combined voting power of all classes of stock to effectuate the September 2007 progress made by Old GM and its entitled to vote or the total value of shares of all memorandum of understanding (‘‘Henry subsidiaries in implementing a classes of stock of a corporation * * * which is an II Settlement Agreement’’). The Henry II restructuring plan that included (a) employer,’’ any of whose employees are covered by

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47965

• 11.7% (58,368,644 shares) to the New GM VEBA Plan and VEBA Trust VEBA Trust is intended to be tax- Canadian and Ontario governments The UAW General Motors Company exempt under section 501(c)(9) of the (collectively) Retirees Employees’ Beneficiary Internal Revenue Code, as amended, • 17.5% (87,500,000 shares) to the Association (‘‘General Motors Company and, as a trust holding assets of plans New GM VEBA Plan Retirees EBA’’), acting through the subject to ERISA, will itself be subject • 10% (50,000,000 shares) to Old GM Committee, will establish and maintain to ERISA’s fiduciary responsibility Perpetual Preferred Stock: Single the New GM VEBA Plan, subject to standards. issue of $9.0 billion cumulative ERISA, to provide retiree health benefits The VEBA Trust will have three perpetual preferred stock with a 9% to the Class and Covered Group after the separate retiree accounts, designed to dividend per annum (‘‘Series A’’), Implementation Date, which will be segregate payments attributable to GM, consisting of: December 31, 2009. Prior to the Section Ford, and Chrysler, pursuant to the • $2.1 billion issued to the U.S. 363 Sale, the Old GM Plan provided terms of each company’s settlement Treasury retiree health benefits to the Class and agreement with the UAW and each • $0.4 billion issued to the Canadian the Covered Group; following the respective class. Each retiree account and Ontario governments (collectively) closing of the Section 363 Sale, the will be a separate, dedicated account, to • $6.5 billion issued to the New GM General Motors Company Plan (‘‘New be used for the sole purpose of funding VEBA Plan GM Plan’’) assumed provision of the benefits provided under the separate Debt: Approximately $17.3 billion benefits with respect to claims incurred plans providing health benefits to the retirees of GM, Ford and Chrysler, and estimated total consolidated debt on or before the Implementation Date. defraying the reasonable expenses of (excluding debt related to Old GM’s The New GM VEBA Plan will be each plan. Each retiree account will automotive supplier financing program responsible for benefit claims incurred contain a separate sub-account and warranty program), each in a after the Implementation Date.6 separate issue, including approximately: Beginning with claims incurred on maintained to hold any employer • $6.7 billion owed to the U.S. and after the later of (i) July 1, 2009, or security. Assets from one retiree account Treasury (ii) receipt of necessary bankruptcy may not offset the liabilities or defray the expenses attributable to another • $1.3 billion owed to the Canadian court approval, the Old GM Plan will be retiree account. The VEBA Trust was and Ontario governments (collectively) amended and/or implemented to reflect structured in this way to allow for the • $2.5 billion owed to the New GM certain benefit changes set forth in pooled investment of assets and to VEBA Plan Exhibit F of the Modified Settlement provide economies of scale to the • $6.8 billion of other, primarily Agreement. After the Implementation respective plans’ investments, while international debt, but excluding Europe Date, the Committee will have sole maintaining a separate plan for each of Warrants: Separate issues of warrants responsibility to determine the scope the three retiree classes. Unless the will be allocated as follows: and level of retiree health benefits Committee decides to establish • To Old GM: Warrants to acquire available to the Class and Covered segregated investment vehicles for 45,454,545 newly issued shares of New Group under the New GM VEBA Plan. GM Common Stock, exercisable at any specific separate retiree accounts, the The Committee may raise or lower the assets of the separate retiree accounts, time prior to the seventh anniversary of level of retiree health care benefits issuance, with an exercise price set at other than any employer security sub- available to the Class and Covered account, will be invested on a pooled $30.00 per share. Group. In exercising its authority over basis within the VEBA Trust. • To Old GM: Warrants to acquire benefit design, the Committee shall be Under the terms of the Modified 45,454,545 newly issued shares of New guided by the principle that the New Settlement Agreement, the assets New GM Common Stock, exercisable at any GM VEBA Plan should provide GM transfers or causes to be transferred time prior to the tenth anniversary of substantial health benefits for the to the New GM VEBA Plan will be issuance, with an exercise price set at duration of the lives of all participants credited to the GM retiree account in the $55.00 per share. and beneficiaries in the New GM VEBA • VEBA Trust (the ‘‘General Motors To the New GM VEBA Plan: Plan. Company Separate Retiree Account’’). Warrants to acquire 15,151,515 newly The General Motors Company The transferred assets and remittances issued shares of New GM Common Retirees EBA, along with the UAW of, or attributable to, the GM UAW Stock, exercisable at any time prior to Chrysler Retirees Employees’ retirees will be professionally managed December 31, 2015, with an exercise Beneficiary Association and the UAW and reinvested and will pay benefits price set at $126.92 per share. Ford Retirees Employees’ Beneficiary and New GM VEBA Plan expenses Association, each acting through the under the New GM VEBA Plan. The such plan. In the Applicant’s view, Congress did Committee, established the VEBA Trust transferred securities issued by New GM not intend the party in interest definition to include on October 16, 2008. The VEBA Trust the government of the United States or a Cabinet will be held in a separate sub-account Department of its Executive Branch. In the will be the funding source for the New (the ‘‘General Motors Company Department’s view, section 3(14) does not apply to GM VEBA Plan. The VEBA Trust is the Employer Security Sub-Account’’) of the the U.S. Treasury in connection with its ownership subject of a trust agreement between the General Motors Company Separate interest in New GM because a contrary trustee and the Committee, acting on interpretation would conflict with section 514(d) of Retiree Account and will be managed by ERISA. That section provides, in part, that behalf of the respective EBAs. The an independent fiduciary. ‘‘[n]othing in [title I] shall be construed to alter, amend, modify, invalidate, impair, or supersede 6 As of the date of the bankruptcy filing, The Committee any law of the United States * * *’’ If the U.S. approximately 751,700 hourly retirees and Treasury were to be a party in interest with respect dependents in the U.S. received retiree health The Committee acts as the plan to a plan subject to ERISA, then ERISA would benefits from Old GM. Of this total, approximately administrator and named fiduciary with prohibit almost any transaction between that plan 699,000 are hourly retirees and spouses, surviving respect to the New GM VEBA Plan, and and the Federal government arising under a federal spouses and eligible dependents represented by the appoints the trustee, the independent statutory framework other than ERISA. UAW. Additionally, approximately 78,000 UAW- Accordingly, the Department concurs with the represented active employees had attained seniority fiduciary and all investment managers Applicant’s conclusion that the U.S. Treasury is not as of September 14, 2007, and will, upon of the VEBA Trust’s assets. The a party in interest under ERISA. retirement, be covered by the New GM VEBA Plan. Committee is comprised of eleven

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47966 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

individuals, consisting of two groups: member, to appoint a successor reasonable period of time, not to exceed Six Independent Members and five Independent Member to the Committee. 90 days after the Implementation Date, UAW Members. The initial Independent A majority of the members of the in order to allow the Committee to Members were approved by the district Committee then in office shall establish and test the eligibility court in Henry II and the UAW constitute a quorum for the purpose of database. New GM will also assist the Members were appointed by the UAW. transacting any business; provided that Committee in transitioning benefit The Modified Settlement Agreement at least one Independent Member and provider contracts to the New GM VEBA maintains these appointments. Neither one UAW Member are present. Each Plan. Old GM nor New GM has any Member of the Committee present at the To the extent permitted by law, New appointment power, and the Committee meeting shall have one vote. Generally, GM will allow pension plan participants will function completely independently actions of the Committee shall be by to voluntarily authorize the withholding of both. No member of the Committee majority vote of the entire Committee, of required contributions under the New may be a current or former officer, provided that at least one Independent GM VEBA Plan from pension benefits, Member and one Union Member must and, to the extent reasonably practical, director or employee of Old GM, New be a Member in the majority for any crediting such amounts to the General GM, Ford, Chrysler, or Chrysler Group, Committee action to take effect. Motors Company Separate Retiree with the following exceptions: (i) A The Committee will select a chair Account of the VEBA Trust on a retiree who was represented by the from among its members. The term of monthly basis (the Contribution UAW in his or her employment with the chair will continue until he or she Withholding). A pension plan either Old GM, New GM, Ford, Chrysler, ceases to be a member, resigns as chair participant may elect or withdraw or Chrysler Group, may be a UAW or is replaced as chair with another consent for the Contribution Member of the Committee, and (ii) an member by majority vote among the Withholding at any time by providing employee of Old GM, New GM, Ford, remaining members. 45 days written notice to the plan Chrysler, or Chrysler Group who is on Old GM and New GM Role administrator of the General Motors leave from the company and is Hourly-Rate Employees Pension Plan or represented by the UAW, may be a Neither Old GM nor New GM will such shorter period as may be required UAW Member of the Committee. None have any role in the governance, by law. New GM also will cooperate of the Independent Members nor any of management and operations of the New with the Committee to make provision their family members, employers or GM VEBA Plan. Old GM and New GM for the VEBA Trust payments of the partners may have any financial or will not be fiduciaries or have any covered benefit related to Medicare Part institutional relationship with either ability to appoint any member of the B premiums to be incorporated into the Old GM, New GM, Ford, Chrysler, or Committee, and the Committee is not monthly New GM pension checks for Chrysler Group if such relationship authorized to act for Old GM or New eligible retirees and surviving spouses could reasonably be expected to impair GM and is not an agent or representative participating in the New GM VEBA Plan such Independent Member’s exercise of of Old GM or New GM for any purpose. (the Part B Payment). independent judgment. Pursuant to the Modified Settlement The New GM VEBA Plan will be Agreement, New GM will cooperate The UAW Members serve at the responsible for the payment of with the UAW and the Committee and reasonable costs associated with New discretion of the UAW International at the Committee’s request will President and may be removed or GM’s administration of payment of the undertake reasonable actions to assist Contribution Withholdings and the Part replaced, and a successor designated, at the Committee in the orderly transition B Payment. The Applicant asserts that, any time by written notice by the UAW of responsibility for administration of to the extent these payments are International President to the retiree medical benefits from the Old prohibited transactions, the statutory Committee. Independent Members serve GM Plan, or New GM Plan, as exemption for the provision of services for a term of three years, except two of applicable, to the New GM VEBA Plan. provided by section 408(b)(2) of ERISA the initial Independent Members will Such cooperation may include assisting provides relief from the prohibited have an initial term of two years, and the Committee in educational efforts transaction restrictions of section 406(a) another two will have an initial term of and other communications to the Class of ERISA. one year. Independent Members may and Covered Group so that they ERISA section 408(b)(2) provides serve more than one term. An understand the terms of the New GM relief for the ‘‘[c]ontracting or making Independent Member will serve on the VEBA Plan and the shift of coverage for reasonable arrangements with a party in Committee until expiration of his or her the Class and Covered Group from the interest for office space, or legal, term, or his or her death, incapacity to Old GM Plan, or New GM Plan, as accounting or other services necessary serve, resignation or removal. An applicable, to the New GM VEBA Plan, for the establishment or operation of the Independent Member may be removed and understand the claims submission plan, if no more than reasonable or replaced, and a successor designated, process and any other initial compensation is paid therefor.’’ Under at any time by an affirmative vote of administrative changes undertaken by the Department’s regulations, a service nine of the other members of the the Committee. At the Committee’s is necessary for the establishment or Committee. In the event of a vacancy in request and as permitted by law, New operation of a plan if the service is the group of Independent Members, GM will furnish to the Committee such ‘‘appropriate and helpful to the plan whether by expiration of a term, information and will provide such obtaining the service in carrying out the resignation, removal, incapacity, or cooperation as may be reasonably purposes for which the plan is death, a successor Independent Member necessary to permit the Committee to established or maintained.’’ 29 CFR will be elected by the affirmative vote of effectively administer the New GM section 2550.408(b)(2). nine members. If a successor VEBA Plan. At the request of the According to the Applicant, the Independent Member is not appointed Committee, and subject to Contribution Withholding is helpful to within a reasonable time after a reimbursement for reasonable costs, the New GM VEBA Plan as it reduces vacancy, an arbitrator may be New GM will continue to perform the expenses associated with processing of appointed, upon application of any necessary eligibility work for a participant contributions and

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47967

investigating delinquent contributions. Internal VEBA.7 Additionally, as will be transferable, in whole or in part, This service is also helpful to contemplated by section 12.C. of the at any time subject to certain conditions participants as it assures that Modified Settlement Agreement, the that are contained in the Stockholders contributions are received on time, and approval order in the bankruptcy case Agreement. The Preferred Stock carries without the need to mail a check directed that the assets in the Mitigation a 9% dividend rate per annum, and is monthly to the New GM VEBA Plan. VEBA be transferred to the New GM payable quarterly in cash if, as, and Accordingly, the Contribution VEBA Plan. when declared by New GM’s Board. Each share of Preferred Stock will have Withholding is appropriate and helpful Common Stock to the New GM VEBA Plan in carrying a liquidation preference of $25. The out its purpose because it reduces As of the closing of the Section 363 Preferred Stock is not callable prior to expenses and aids in making sure Sale, New GM issued 87,500,000 shares December 31, 2014. The redemption participants receive benefits without of New GM Common Stock, price must be paid in cash. interruption. representing 17.5% of its common The Preferred Stock will be senior to stock, to the New GM VEBA Plan. The the New GM Common Stock and future With respect to the Part B Payment, New GM Common Stock will be held in preferred equity but junior to all the Applicant states that it is the General Motors Company Employer existing and future debt. The New GM appropriate and helpful to the New GM Security Sub-Account in the General VEBA Plan will have demand, shelf, VEBA Plan as it allows the New GM Motors Company Separate Retiree and piggyback registration rights with VEBA Plan to take advantage of an Account of the VEBA Trust. Any respect to the Preferred Stock that are existing system in order to incorporate exercise of warrants after the Section substantially consistent with its a defined, monthly payment to 363 Sale will dilute all stock holders registration rights with respect to the participants into pension checks that ratably. The New GM Common Stock New GM Common Stock. The Preferred participants are already receiving. This will be transferable, in whole or in part, Stock has no voting rights, except under obviates the need for the New GM VEBA at any time subject to certain conditions the following circumstances, in which Plan to develop its own distribution that are contained in the Stockholders case the independent fiduciary will vote system and undertake the expense of Agreement by and among New GM, the the shares. If dividends payable on the mailing monthly checks to all U.S. Treasury, the New GM VEBA Plan, Series A preferred stock have not been participants. Accordingly, the Part B and the governments of Canada and paid for an aggregate of six quarters, the Payment also reduces expenses of the Ontario (‘‘Canada’’) (‘‘Stockholders holders of the Series A preferred stock New GM VEBA Plan, which helps Agreement’’). Pursuant to the have the right, as a class, to elect two conserve the amount of resources Stockholders Agreement and the Equity newly created directorships of New GM. available to provide benefits. Registration Rights Agreement by and In addition, a two-thirds majority vote The Applicant further represents that among New GM, the U.S. Treasury, of the Series A preferred stock is the costs of the Contribution Canada, the New GM VEBA Plan and necessary to authorize the issuance of Withholding and the Part B Payment Old GM (the Registration Rights shares senior or pari passu to Series A have not yet been determined. However, Agreement), the New GM VEBA Plan preferred stock, amend the terms of the Committee will be subject to will have demand, shelf, and piggyback Series A preferred stock, or approve a ERISA’s fiduciary responsibility rules registration rights with respect to the share exchange or reclassification of the when determining the cost structure, New GM Common Stock that are Series A preferred stock or merger or and the Modified Settlement Agreement substantially consistent with the consolidation involving New GM. states that both services will only be registration rights that are held by the The Note provided to the extent permitted by law, U.S. Treasury, Canada and the Old GM and a cost that is not reasonable would unsecured creditors. As of the closing of the Section 363 not permitted by law. Sale, New GM issued to the New GM Preferred Stock VEBA Plan a note (‘‘Note’’) with a In the Department’s view, relief under principal amount of $2.5 billion. The section 408(b)(2) would be available for As of the closing of the Section 363 Note will be payable in cash in three these services provided the conditions Sale, New GM transferred to the New equal installments. Each payment will of that exemption are satisfied. GM VEBA Plan $6.5 billion of Series A be in the amount of $1.384 billion and Ultimately it is the responsibility of the cumulative perpetual preferred stock will be made on July 15 of the years Committee to determine whether the (‘‘Preferred Stock’’). The Preferred Stock 2013, 2015, and 2017. The Note is services provided by New GM satisfy all is from the same series of preferred transferable at any time in whole or in of the conditions set forth in the stock that was issued to the U.S. part, subject to certain limited statutory exemption and pertinent Treasury and Canada. The Preferred exceptions. regulations. Stock will be held in the General Motors Company Employer Security Sub- The Note ranks pari passu with notes Payments to the New GM VEBA Plan Account in the General Motors that were issued to the U.S. Treasury Company Separate Retiree Account of and Canada in the aggregate principal As described more fully below, under the VEBA Trust. The Preferred Stock amount of $8.0 billion. The New GM the Modified Settlement Agreement, VEBA Plan will not have registration New GM transferred to the New GM 7 Pursuant to the Henry II Settlement Agreement, rights regarding the Note; however, if VEBA Plan (i) New GM Common Stock the Internal VEBA was divided into two the notes issued to the U.S. Treasury representing 17.5% of New GM’s bookkeeping accounts effective January 1, 2008; one and Canada are registered or registration common equity, (ii) New GM preferred with assets equal to the value of the Internal VEBA as of December 31, 2007, multiplied by the rights are extended with respect to such stock with a value of $6.5 billion, (iii) percentage of Old GM’s hourly OPEB liability as of notes, then the New GM VEBA Plan will a note for $2.5 billion, (iv) warrants December 31, 2007, attributable to UAW have demand, shelf, and piggyback entitling the New GM VEBA Plan to represented employees, retirees, their eligible registration rights pertaining to the Note acquire an additional 2.5% of New GM spouses, surviving spouses and dependents (the ‘‘UAW–Related Account’’), and the other account of that are no less favorable than those Common Stock, and (v) all of the assets the remaining assets, attributable to non-UAW pertaining to the U.S. Treasury or in the ‘‘UAW–Related Account’’ of the represented individuals. Canada notes. Other terms of the Note

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47968 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

are no less favorable than the terms of value of the UAW-Related Account. The plan to another, or due to mistaken the U.S. Treasury or Canada notes. The appropriate New GM Plan fiduciary will deposits into the New GM VEBA Plan. Note will be subordinate to any exit direct the trustee of the Internal VEBA With respect to the transfer of New financing, including the U.S. Treasury to transfer the UAW-Related Account to GM securities to the New GM VEBA delayed draw term loan, revolver or any the VEBA Trust within 10 days after the Plan, the Applicant states that, other third party exit financing entered Implementation Date. At the time of following months of negotiations into with the consent of the U.S. transfer, pursuant to the Modified involving the UAW, Class Counsel, Old Treasury. Settlement Agreement, an amount equal GM, the U.S. Treasury, and other Old GM debt holders, the transaction Warrants to the UAW-Related Account’s share of expenses (to the extent permitted by embodies the only feasible mechanism As of the closing of the Section 363 ERISA) will be retained within the to ensure that assets are dedicated to, Sale, New GM transferred to the New Internal VEBA to pay such expenses. and held in the New GM VEBA Plan GM VEBA Plan warrants to acquire After payment of these expenses is solely for use as retiree health care 15,151,515 shares of New GM Common completed, a reconciliation of the benefits (and related reasonable Stock representing 2.5% of its common amount retained and the actual expenses). Class Counsel supported the equity on a fully diluted basis expenses will be performed. The Applicant’s request for exemptive relief (‘‘Warrants’’). The Warrants will be held Internal VEBA will then pay the VEBA described herein. by the General Motors Company Trust for any amount over withheld, or 1. Transfer of New GM Securities Employer Security Sub-Account in the the VEBA Trust will pay the Internal General Motors Company Separate VEBA for any amount under withheld (a The Applicant requests relief from Retiree Account of the VEBA Trust, as ‘‘true-up’’). sections 406(a)(1)(E), 406(a)(2), and will any New GM Common Stock 407(a) of ERISA for the acquisition and acquired by exercise of the Warrants. Transfer of Assets, Via the Bankruptcy holding by the New GM VEBA Plan of The Warrants will be transferable, in Approval Order, From the Mitigation the New GM Common Stock, the whole or in part, at any time subject to VEBA Preferred Stock, the Note and the certain conditions that are contained in Warrants (the Securities). Additionally, The Mitigation VEBA was created in the Stockholders Agreement. The strike the Department has proposed relief from connection with the settlement in Henry price will be set at $126.92 per share section 406(a)(1)(A) for the disposition I, and was established through a trust representing a $75 billion equity value of the Securities, in the event that the agreement between State Street Bank of New GM. The expiration date for the Securities are sold in a transaction and Trust Company and Old GM. The Warrants will be December 31, 2015. involving a party in interest. The Warrants will contain other terms Mitigation VEBA was intended to be a Section 406(a)(1)(E) prohibits a which the Applicant represents are source of ‘‘mitigation’’ payments to Old fiduciary from causing a plan to engage typical for securities of this type, GM Plan participants to lessen the in a transaction, if he knows or should including anti-dilution, and partial and impact of the new cost-sharing know that such transaction constitutes provisions implemented under the the direct or indirect acquisition, on cashless exercise provisions. The New 8 GM VEBA Plan has registration rights Henry I settlement agreement. As of behalf of a plan, of any employer with respect to the Warrants (and the April 30, 2009, the Mitigation VEBA security in violation of section 407(a). New GM Common Stock underlying the had an estimated asset value of $1.025 Section 406(a)(2) prohibits a fiduciary Warrants) that are consistent with its billion. Until the assets and liabilities of who has authority or discretion to registration rights with respect to the the Mitigation VEBA are transferred to control or manage the assets of a plan New GM Common Stock and the the VEBA Trust, its value will be from permitting the plan to hold any Preferred Stock. affected by certain additional employer security if he knows or should contributions and by income (including know that holding such security violates Transfer of Assets From UAW-Related investment returns) offset by mitigation section 407(a). Account of the Internal VEBA payments and expenses. Pursuant to the Section 407(a)(1) states that a plan The Internal VEBA is the General Modified Settlement Agreement, the may not acquire or hold any ‘‘employer Motors Welfare Benefit Trust that is Mitigation VEBA assets will be security’’ that is not a ‘‘qualifying maintained by Old GM as a source of transferred to the New GM VEBA Plan employer security.’’ Section 407(a)(2) funding for various retiree welfare within 15 days after the Implementation states that a plan may not acquire any benefit plans, including the Old GM Date, and the Mitigation VEBA will be qualifying employer security (or Plan. Pursuant to the Henry II terminated. qualifying employer real property) if Settlement Agreement, the Internal Covered Transactions immediately after such acquisition the VEBA was divided into two aggregate fair market value of employer bookkeeping accounts effective January The Applicant seeks exemptive relief securities (and employer real property) 1, 2008: the UAW-Related Account, as for two sets of transactions. The first set held by the plan exceeds 10 percent of described above in footnote 7, and the of transactions involves the transfer by the fair market value of the assets of the other account of the remaining assets, New GM to the New GM VEBA Plan of plan. attributable to non-UAW represented the securities described above, and the According to the Applicants, when individuals. As of March 31, 2009, the second set of transactions involves asset the New GM VEBA Plan acquired the UAW-Related Account had an estimated transfers to and from the New GM VEBA New GM Common Stock, the Preferred asset value of approximately $9.4 Plan necessitated by the transition of Stock, the Note and the Warrants, each billion. benefit payment responsibility from one asset might not have been a ‘‘qualifying Until the UAW-Related Account is employer security’’ within the meaning transferred to the VEBA Trust, the assets 8 The Mitigation VEBA is the subject of of section 407(d)(5) and therefore the of the Internal VEBA will continue to be Prohibited Transaction Exemption 2009–03, 74 FR acquisition of each would not be 3645 (Jan. 21, 2009), which provided relief for invested under the existing investment certain cash advances and ‘‘true ups’’ between GM permitted under section 406(a). policy, with investment returns, net of and the Mitigation VEBA related to administration Additionally, the Applicants note that expenses, applied proportionally to the of the Mitigation VEBA. even if the New GM Common Stock, the

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47969

Preferred Stock, the Note and the Covered Group, with respect to benefit Plan by mistake will be returned (with Warrants were considered qualifying claims incurred after the earnings) within 30 days of notice to the employer securities, the aggregate fair Implementation Date. Committee of the mistake, to the extent market value of employer securities Under certain circumstances permitted by law. The Applicant is held by the New GM VEBA Plan would connected to the transition, Old GM, concerned that this could be viewed as exceed the 10 percent limitation in New GM, the Old GM Plan, the New GM involving a prohibited transfer of plan section 407(a)(2). Finally, Applicants Plan, and the New GM VEBA Plan may assets to a party in interest. Accordingly request relief from the provisions of arguably extend credit or transfer plan the Applicant requests exemptive relief sections 406(a)(1)(E), 406(a)(2) and assets to one another in order to pay for this transaction. 407(a) for the future exercise of the benefit claims that are the legal Conditions Related to the Transfer of Warrants by the New GM VEBA Plan. responsibility of another one of those New GM Securities to the New GM When, and if, the New GM VEBA Plan’s five parties (the ‘‘Responsible Party’’).9 VEBA Plan: The Independent Fiduciary Warrants are exercised, New GM The Applicant asserts that mispayments Pursuant to the trust agreement of the Common Stock will be acquired and and reimbursements are likely to occur VEBA Trust, the Committee will may not constitute a qualifying in the normal course due to the appoint an independent fiduciary to employer security within the meaning administrative realities of health care manage the General Motors Company of section 407(d)(5), and, immediately payments and the shifting of plan Employer Security Sub-Account after the acquisition of the New GM responsibilities between multiple plans (‘‘Independent Fiduciary’’). The Common Stock due to the exercise of in a short period of time. Independent Fiduciary will be a the Warrants, the aggregate fair market The Applicant provides the following ‘‘named fiduciary’’ and ‘‘investment value of employer securities held by the examples of transactions that would manager’’ as both terms are defined in New GM VEBA Plan may exceed 10 require relief under the requested ERISA, with complete discretion percent of the fair market value of its exemption. A UAW retiree is incorrectly regarding the holding, ongoing assets. classified as an IUE–CWA retiree and is management, and disposition of any Section 406(a)(1)(A) prohibits the receiving retiree medical benefits in New GM security (i.e., the New GM sale, exchange or leasing of any property accordance with the New GM Plan, paid Common Stock, Preferred Stock, Note between a plan and a party in interest. directly by New GM. The and Warrants) acquired and held by the The Department is proposing relief from misclassification is discovered on New GM VEBA Plan. The Independent Fiduciary does not that provision in the event the September 1, 2010, and the New GM have discretion with respect to certain Securities are disposed of in a VEBA Plan reimburses New GM for the other aspects of the Securities. First, transaction with a party in interest. payments relating to claims incurred on or after January 1, 2010. Or, a member because the New GM VEBA Plan 2. Transition Payments of the Covered Group receives medical acquired the Securities by virtue of the Benefit Payments and Reimbursements care on December 28, 2009, thereby Section 363 Sale, the Independent incurring a claim under the New GM Fiduciary had no discretion regarding The Applicant requests exemptive Plan. However, in April of 2010, the the acquisition of the Securities. relief from the prohibitions of sections claim is presented to and paid by the Additionally, under the Stockholders 406(a)(1)(B) and 406(a)(1)(D) of ERISA New GM VEBA Plan. The New GM Agreement, the New GM Common Stock for certain payments and VEBA Plan would be reimbursed by the held by the New GM VEBA Plan must reimbursements between Old GM, New New GM Plan. be voted in the same proportion as votes GM, the Old GM Plan, the New GM Plan In such event, the Responsible Party cast by other stockholders. Therefore, and the New GM VEBA Plan. will reimburse the payor for such the Independent Fiduciary will have no ERISA section 406(a)(1)(B) prohibits a benefits, plus interest. According to the responsibility for the voting of the New fiduciary from causing a plan to engage Applicant, payment by a payor of GM Common Stock. in a transaction if he knows or should benefits for claims incurred after benefit The Independent Fiduciary must be know that such transaction constitutes a responsibility has been transferred independent of and unrelated to Old direct or indirect lending of money or arguably is an extension of credit GM, New GM, the UAW and the other extension of credit between a plan between the payor and the Responsible Committee. This will not be the case if and a party in interest. ERISA section Party that is prohibited under section (1) such fiduciary directly or indirectly 406(a)(1)(D) prohibits a fiduciary from 406(a)(1)(B). Payment by the controls, is controlled by, or is under causing a plan to engage in a transaction Responsible Party to the payor as common control with Old GM, New if he knows or should know that such reimbursement for these paid claims GM, the UAW, the Committee or their transaction constitutes a direct or arguably is a transfer of plan assets to affiliates, (2) such fiduciary directly or indirect transfer to, or use by or for the a party in interest that is prohibited indirectly receives any compensation or benefit of, a party in interest, of any under 406(a)(1)(D). other consideration from Old GM, New assets of the plan. GM, the UAW or any Committee Prior to the Section 363 Sale, the Old Deposits by Mistake member in his or her individual GM Plan provided benefits to, among The Applicant likewise seeks relief capacity in connection with any others, individuals who ultimately will from section 406(a)(1)(D) of ERISA for transaction described in this exemption be covered by the New GM VEBA Plan. return of mistaken payments to the New (except that an independent fiduciary The New GM Plan currently provides GM VEBA Plan, with interest. may receive compensation from the benefits to most of these same Under the last paragraph of section 12 Committee or the New GM VEBA Plan individuals from the date of the Section of the Modified Settlement Agreement, for services provided to the New GM 363 Sale until the Implementation Date any deposit made to the New GM VEBA VEBA Plan in connection with the of the New GM VEBA Plan. The New transactions discussed herein if the GM VEBA Plan will have sole 9 Under section 5A of the Modified Settlement amount or payment of such Agreement, claims incurred on or before the responsibility and be the exclusive Implementation Date will be paid by Old GM or compensation is not contingent upon or source of funds for the payment of New GM, as applicable, in accordance with the in any way affected by the independent retiree medical benefits to the Class and New GM Plan. fiduciary’s ultimate decision), and (3)

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47970 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

the annual gross revenue received by the written notice, provided that the regarding the companies, to identify the the fiduciary, in any fiscal year, from Independent Fiduciary has been given presence of factors that could lead to a Old GM, New GM, the UAW or a notice of the appointment of a successor conflict, and (iii) further question the member of the Committee in his or her independent fiduciary. No successor Independent Fiduciary when individual capacity, exceeds 3% of the will be appointed in the event the New appropriate. fiduciary’s annual gross revenue from GM VEBA Plan ceases to hold any Additionally, the subcommittee will all sources (for federal income tax employer security. In the event that the be prepared to replace the Independent purposes) for its prior tax year.10 New GM VEBA Plan subsequently Fiduciary in the event of an actual and The Independent Fiduciary may be acquires or holds an employer security irreconcilable conflict of interest. removed by the Committee on 30 days and no appointment of a successor Finally, the subcommittee will require written notice only for cause.11 The independent fiduciary has been made, the Independent Fiduciary to adopt a removal will be effective as specified in any court of competent jurisdiction written policy regarding conflicts of may, upon application by the retiring interest. Such policy will require that, 10 The Department notes that candidates for the independent fiduciary, appoint a as part of the Independent Fiduciary’s position of Independent Fiduciary to the New GM successor after such notice to the VEBA Plan may be affiliated with entities that periodic reporting to the Committee, the provide services to Old GM, New GM, Ford, Committee and the retiring independent Independent Fiduciary includes a Chrysler or Chrysler Group or their affiliates. It is fiduciary. discussion of actual or potential the responsibility of the Committee to determine The Committee delegated to a conflicts identified by the Independent whether such affiliations are likely to affect the subcommittee (i.e., three Committee judgment of the candidate in performing its services Fiduciary and options for avoiding or as Independent Fiduciary. members) the responsibility to retain an resolving the conflict. 11 Cause is defined in the Independent Fiduciary Independent Fiduciary on behalf of the A separate investment bank will be Agreement as: (i) Any disqualifying event described New GM VEBA Plan. The subcommittee retained with respect to each of the in ERISA section 411; (ii) Determination by any initially determined to proceed with the three plans comprising the VEBA Trust. court, arbitrator or government regulatory body that assumption that the interests of each the Independent Fiduciary has violated any civil or The investment bank’s initial criminal law (including, but not limited to, plan whose assets are held by the VEBA recommendations would be made solely securities, antitrust or ERISA) in connection with Trust would be best served by seeking with the goal of maximizing the returns the performance of its responsibilities to the VEBA to retain a single qualified Independent for the single plan that owns the Trust. For purposes of avoidance of doubt in Fiduciary to represent all three plans securities for which the investment connection with this and the subsequent (providing health benefits, respectively, subparagraph, a ‘‘determination’’ shall mean any bank is responsible. If the Independent to retirees of Chrysler, GM and Ford). written judgment, order or decree; court-approved Fiduciary deviated from such initial settlement; arbitration award; or enforcement action However, the subcommittee recognizes recommendations, it would find it of a government regulatory body or SRO, in the the possibility that engaging multiple necessary to explain why it deviated form of a written sanction, claim, demand or Independent Fiduciaries may turn out to opinion, whether or not appealable; (iii) from a recommendation; additionally, be the better option. Determination by any court, arbitrator or such a deviation would be a way for the government regulatory body that the Independent The subcommittee intends, as part of Fiduciary has materially breached the terms of its the interview process for potential Committee or its designee to flag engagement, whether or not appealable; (iv) Any candidates for the Independent possible conflicts of interest in advance. action by the Independent Fiduciary that results in Fiduciary appointment, to question the Any contract between the Independent imposition of a civil or criminal sanction, any Fiduciary and an investment banker prohibited transaction excise tax, or any civil candidates on the nature and likelihood judgment or award of damages, on the VEBA Trust, of potential conflicts of interest, the will include an acknowledgement by the Committee, the trustee, or their respective appropriate means of monitoring and the investment banker that the employees, officers directors or owners (whether or communicating actual or potential investment banker’s ultimate client is an not subject to indemnity by the Independent ERISA plan. Fiduciary, an insurer, or any other person); (v) conflicts, including whether the Termination, resignation, or death of the candidates currently have formal The Independent Fiduciary will Independent Fiduciary principal or officer assigned conflict monitoring procedures, and comply with the following additional to serve as the relationship principal with respect mechanisms for dealing with actual or conditions. The Independent Fiduciary to the VEBA Trust, or the inability of such person will authorize the trustee of the New to perform his or her duties for a continuous period potential conflicts as they are identified. of more than 30 days; (vi) Any change of ownership After reviewing the candidates’ GM VEBA Plan to dispose of the New of the Independent Fiduciary that constitutes an qualifications, capacity to represent all GM Common Stock (including shares of ‘‘assignment’’ of the Independent Fiduciary’s three plans, willingness to do so, and New GM Common Stock acquired contract with the VEBA Trust, within the meaning pursuant to exercise of the Warrants), of the Investment Advisers Act; (vii) Failure of the other relevant factors, in consultation Independent Fiduciary to qualify as an ‘‘investment with counsel, the subcommittee the Preferred Stock, the Note, or manager’’ within the meaning of ERISA section anticipates making a final determination exercise the Warrants, only after the 3(38); (viii) Any change in the clientele, business as to whether to hire one Independent Independent Fiduciary determines, at or ownership of the Independent Fiduciary that the time of the transaction, that the results in an actual conflict of interest; (ix) Failure Fiduciary or multiple Independent of the Independent Fiduciary to take into account Fiduciaries. transaction is feasible, in the interest of the legitimate needs of the VEBA Trust for liquidity The subcommittee will work with the the New GM VEBA Plan, and protective to pay benefits; (x) Violation of any conditions Independent Fiduciary candidate(s) to of the participants and beneficiaries of imposed on the Independent Fiduciary under the the New GM VEBA Plan. terms of the prohibited transaction exemption develop procedures to identify, issued by the Department; (xi) Any other action or minimize and address conflicts of The Independent Fiduciary will inaction of the Independent Fiduciary that the interest as they arise. Specifically, in the negotiate and approve on behalf of the Committee determines to be a material breach of the event that a single Independent New GM VEBA Plan any transactions Independent Fiduciary’s agreement or any law, or is likely to result in an irreconcilable conflict; (xii) Fiduciary is appointed, the between the New GM VEBA Plan and Any circumstance that leads the Committee to subcommittee will engage a ‘‘conflicts any party in interest involving the reasonably conclude that the termination of the monitor’’ to (i) develop a process for Securities that may be necessary in Independent Fiduciary and replacement by a identifying potential conflicts, (ii) to connection with the subject transactions successor Independent Fiduciary is in the financial interest of the VEBA Trust, provided that the regularly review the Independent (including but not limited to the Committee documents the reasons for the Fiduciary reports, investment banker registration of the securities contributed termination. reports, and public information to the New GM VEBA Plan).

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47971

The Independent Fiduciary will in New GM’s annual 10K filing with the determining the value of some of the discharge its duties consistent with the Securities and Exchange Commission. assets held by the Internal VEBA. terms of the New GM VEBA Plan, the If there is a dispute as to the amount Interest on any mistaken deposit will trust agreement, the Independent of the mispayment and/or accrue from the date of the mistaken Fiduciary’s agreement, and any other reimbursement, undisputed amounts deposit to the date of the repayment. documents governing the employer will be paid and the parties will enter Interest will be determined using the securities, such as the Registration into a dispute procedure set forth in applicable OPEB discount rate, Rights Agreement. section 26D of the Modified Settlement described above. In the event of a The New GM VEBA Plan may not Agreement. Specifically, the parties dispute, the procedure set forth in incur any fees, costs or other charges exchange written notices concerning the section 26D of the Modified Settlement (other than described in the trust dispute and, within 21 days, meet and Agreement, described above, would agreement and the Modified Settlement attempt to resolve the dispute. If the apply. Agreement) as a result of the parties are unable to resolve the dispute Statutory Findings transactions exempted herein. within 30 days of the meeting, either The terms of any transaction party can demand arbitration. The Applicant makes the following statements regarding the Department’s exempted herein must be no less In the case of a mistaken deposit to required findings under section 408(a) favorable to the New GM VEBA Plan the New GM VEBA Plan, New GM of ERISA that the exemption is than the terms negotiated at arms’ would make a claim to the Committee administratively feasible, in the length under similar circumstances regarding the specific deposit or transfer interests of the New GM VEBA Plan and between unrelated parties. made in error or made in an amount of its participants and beneficiaries, and greater than that to which the New GM Conditions Related to Transition protective of the rights of participants VEBA Plan was entitled. The claim Payments and beneficiaries of the New GM VEBA must be made within the Verification Plan. The conditions for reimbursements of Time Period, which is defined as mispayments require the following The exemption transactions are follows in Section VI(r) of the proposed administratively feasible because they procedure for audit and reconciling exemption. payments. The Applicants state that are relatively simple and straight- given the rapidity of the shifts in The term ‘‘Verification Time Period’’ forward, easy to monitor, and involve responsibility from the Old GM Plan to means: (i) with respect to all Securities other the management of the Securities by the than the Note, the period beginning on the Independent Fiduciary. the New GM Plan, and from the New date of publication of the final exemption in GM Plan to the New GM VEBA Plan, it The exemption transactions are in the the Federal Register and ending 60 calendar interest of the New GM VEBA Plan’s is unlikely that any review will be days thereafter; (ii) with respect to each undertaken until at least three months payment pursuant to the Note, the period participants and beneficiaries and following the Implementation Date. beginning on the date of the payment and protective of their rights because they The Committee and an independent ending 90 calendar days thereafter; (iii) with embody the only feasible mechanism to third party administrator of the New GM respect to the UAW-Related Account of the ensure that assets are dedicated to, and VEBA Plan will review benefit Internal VEBA, the period beginning on the held in the New GM VEBA Plan solely payments paid during the transition date of publication of the final exemption in for use as retiree health care benefits the Federal Register (or, if later, the date of (and reasonable related expenses). The period and determine the dollar amount the transfer of the UAW-Related Account to of any mispayments made, subject to the Independent Fiduciary will represent the New GM VEBA Plan) and ending 180 the interests of the participants and review and approval of the New GM calendar days thereafter; and (iv) with VEBA Plan’s independent auditor. The respect to the Mitigation VEBA, the period beneficiaries of the New GM VEBA Plan results of this review will be made beginning on the date of publication of the by exercising the sole discretion available to Old GM and New GM. final exemption in the Federal Register and regarding the management and Old GM and New GM will perform ending 60 calendar days thereafter. disposition of the New GM securities. similar reviews with respect to the Old Accordingly, any claim regarding a Notification of Interested Persons GM Plan and the New GM Plan. Old GM mistake with respect to the New GM Notice of the proposed exemptions and New GM will provide the results of Common Stock, the Preferred Stock, the will be provided to all interested their reviews to the Committee. Warrants or the transfer of the assets persons in the manner agreed upon by Interest on any reimbursed from the Mitigation VEBA must be made the applicant and the Department mispayment will accrue from the date of within 60 days of the date of publication within 15 days of the date of publication the mispayment to the date of the of the final exemption in the Federal in the Federal Register. Such notice reimbursement. Interest will be Register. A claim regarding a mistake shall include a copy of the notice of determined using the applicable OPEB with respect to a payment made proposed exemption as published in the discount rate. The OPEB discount rate is pursuant to the Note must be made Federal Register and shall inform a rate used to discount projected future within 90 days of the date of the interested persons of their right to OPEB benefits payment cash flows to payment. A claim regarding a mistake comment and to request a hearing determine the present value of the OPEB with respect to the transfer of assets of 12 (where appropriate). obligation. The rate is developed by the UAW-Related Account of the New GM’s Treasurer’s office, working in Internal VEBA must be made within 180 General Information conjunction with New GM’s days of the date of publication of the The attention of interested persons is independent auditor, Deloitte & Touche. final exemption in the Federal Register directed to the following: The discount rate’s validity is attested to (or, if later, from the date of the transfer (1) The fact that a transaction is the by Deloitte & Touche, and is disclosed of the UAW-Related Account to the New subject of an exemption under section GM VEBA Plan). The Applicant requests 408(a) of the Act and/or section 12 OPEB means Other Post-Employment Benefits, and typically includes retiree healthcare benefits, a longer period for the assets of the 4975(c)(2) of the Code does not relieve life insurance, tuition assistance, day care, legal UAW-Related Account of the Internal a fiduciary or other party in interest or services and the like. VEBA due to the difficulty in disqualified person from certain other

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47972 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

provisions of the Act and/or the Code, VEBA Trust) of: (i) 87,500,000 shares of Independent Fiduciary will have sole including any prohibited transaction common stock of General Motors discretionary responsibility relating to provisions to which the exemption does Company (New GM) (the New GM the holding, ongoing management and not apply and the general fiduciary Common Stock) representing 17.5% of disposition of the Securities, except for responsibility provisions of section 404 New GM equity; (ii) $6.5 billion of the voting of the New GM Common of the Act, which, among other things, Series A Fixed Rate Cumulative Stock. The Independent Fiduciary has require a fiduciary to discharge his Perpetual Preferred stock of New GM determined or will determine, before duties respecting the plan solely in the (the Preferred Stock); (iii) a note issued taking any actions regarding the interest of the participants and by New GM with a principal amount of Securities, that each such action or beneficiaries of the plan and in a $2.5 billion (the Note); and (iv) warrants transaction is in the interest of the New prudent fashion in accordance with to acquire New GM Common Stock GM VEBA Plan. section 404(a)(1)(b) of the Act; nor does representing 2.5% of New GM equity (b) In the event that the same it affect the requirement of section (the Warrants) (collectively, including Independent Fiduciary is appointed to 401(a) of the Code that the plan must any additional shares of New GM represent the interests of one or more of operate for the exclusive benefit of the Common Stock acquired pursuant to the the other plans comprising the VEBA employees of the employer maintaining exercise of the Warrants, the Securities), Trust (i.e., the UAW Chrysler Retiree the plan and their beneficiaries; transferred by New GM and deposited Medical Benefits Plan and/or the UAW (2) Before an exemption may be in the General Motors Company Ford Retiree Medical Benefits Plan) granted under section 408(a) of the Act Employer Security Sub-Account of the with respect to employer securities and/or section 4975(c)(2) of the Code, General Motors Company Separate deposited into the VEBA Trust, the the Department must find that the Retiree Account of the VEBA Trust. Committee takes the following steps to exemption is administratively feasible, (2) The acquisition by the New GM identify, monitor and address any in the interests of the plan and of its VEBA Plan of shares of New GM conflict of interest that may arise with participants and beneficiaries, and Common Stock pursuant to the exercise respect to the Independent Fiduciary’s protective of the rights of participants of the Warrants; performance of its responsibilities: and beneficiaries of the plan; (3) The holding by the New GM VEBA (1) The Committee appoints a (3) The proposed exemption, if Plan of the Securities in the General ‘‘conflicts monitor’’ to: (i) Develop a granted, will be supplemental to, and Motors Company Employer Security process for identifying potential not in derogation of, any other Sub-Account of the General Motors conflicts; (ii) regularly review the provisions of the Act and/or the Code, Company Separate Retiree Account of Independent Fiduciary reports, including statutory or administrative the VEBA Trust; and investment banker reports, and public exemptions and transitional rules. (4) The disposition of the Securities. information regarding the companies, to Furthermore, the fact that a transaction (b) If the exemption is granted, the identify the presence of factors that is subject to an administrative or restrictions of sections 406(a)(1)(B), could lead to a conflict; and (iii) further statutory exemption is not dispositive of 406(a)(1)(D), 406(b)(1) and 406(b)(2) of question the Independent Fiduciary whether the transaction is in fact a ERISA shall not apply, effective July 10, when appropriate. prohibited transaction; and 2009, to: (1) The payment by Old GM, New (2) The Committee adopts procedures (4) The proposed exemption, if to facilitate prompt replacement of the granted, will be subject to the express GM, the Old GM Plan, the New GM Plan or the New GM VEBA Plan of a benefit Independent Fiduciary if the Committee condition that the material facts and in its sole discretion determines such representations contained in the claim that was the responsibility and legal obligation, under the terms of the replacement is necessary due to a application are true and complete, and conflict of interest. that the application accurately describes applicable plan documents, of one of (3) The Committee requires the all material terms of the transaction the other parties listed in this Independent Fiduciary to adopt a which is the subject of the exemption. paragraph; and (2) The reimbursement by Old GM, written policy regarding conflicts of Proposed Exemption New GM, the Old GM Plan, the New GM interest. Such policy shall require that, Based on the facts and representations Plan, or the New GM VEBA Plan, of a as part of the Independent Fiduciary’s set forth in the application, the benefit claim that was paid by another periodic reporting to the Committee, the Department is considering granting the party listed in this paragraph, which Independent Fiduciary includes a following exemption under the was not legally responsible for the discussion of actual or potential authority of section 408(a) of the Act payment of such claim, plus interest. conflicts identified by the Independent and in accordance with the procedures (c) If the exemption is granted, the Fiduciary and options for avoiding or set forth in 29 CFR part 2570, subpart restrictions of sections 406(a)(1)(B), resolving the conflict. B (55 FR 32836, 32847, August 10, 406(a)(1)(D), 406(b)(1) and 406(b)(2) of (c) The Independent Fiduciary 1990), as follows: ERISA shall not apply, effective July 10, authorizes the trustee of the New GM 2009, to the return to New GM of assets VEBA Plan to dispose of the New GM Section I—Covered Transactions deposited or transferred to the New GM Common Stock (including additional (a) If the exemption is granted, the VEBA Plan by mistake, plus interest. shares of New GM Common Stock restrictions of sections 406(a)(1)(A), acquired pursuant to exercise of the 406(a)(1)(B), 406(a)(1)(E), 406(a)(2), Section II—Conditions Applicable to Warrants), the Preferred Stock, and/or 406(b)(1), 406(b)(2) and 407(a) of ERISA Section I(a) the Note, or exercise the Warrants, only shall not apply, effective July 10, 2009, (a) The Committee appoints a after the Independent Fiduciary to: qualified Independent Fiduciary to act determines, at the time of the (1) The acquisition by the UAW on behalf of the New GM VEBA Plan for transaction, that the transaction is General Motors Company Retiree all purposes related to the transfer of the feasible, in the interest of the New GM Medical Benefits Plan (the New GM Securities to the New GM VEBA Plan VEBA Plan, and protective of the VEBA Plan) and its associated UAW for the duration of the New GM VEBA participants and beneficiaries of the Retiree Medical Benefits Trust (the Plan’s holding of the Securities. Such New GM VEBA Plan.

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47973

(d) The Independent Fiduciary (e) If there is a dispute as to the (A) Any duly authorized employee or negotiates and approves on behalf of the amount of a reimbursement requested, representative of the Department or the New GM VEBA Plan any transactions the parties will enter into a dispute Internal Revenue Service; between the New GM VEBA Plan and procedure set forth in section 26D of the (B) the UAW or any duly authorized any party in interest involving the Modified Settlement Agreement. representative of the UAW; Securities that may be necessary in (C) New GM or any duly authorized Section IV—Conditions Applicable to representative of New GM; connection with the subject transactions Section I(c) (including but not limited to the (D) the Independent Fiduciary or any registration of the securities contributed (a) New GM must make a claim to the duly authorized representative of the to the New GM VEBA Plan). Committee regarding the specific Independent Fiduciary; (e) Any contract between the deposit or transfer made in error or (E) the Committee or any duly Independent Fiduciary and an made in an amount greater than that to authorized representative of the investment banker includes an which the New GM VEBA Plan was Committee; and acknowledgement by the investment entitled. (F) any participant or beneficiary of banker that the investment banker’s (b) The claim is made within the the New GM VEBA Plan or any duly ultimate client is an ERISA plan. Verification Time Period, as defined in authorized representative of such (f) The Independent Fiduciary Section VI(r). participant or beneficiary. (c) Interest on any mistaken deposit or discharges its duties consistent with the transfer will accrue from the date of the Section VI—Definitions terms of the New GM VEBA Plan, the mistaken payment to the date of the (a) The term ‘‘affiliate’’ means: (1) trust agreement, the Independent repayment. Any person directly or indirectly, Fiduciary Agreement, and any other (d) Interest will be determined using through one or more intermediaries, documents governing the employer the applicable OPEB discount rate. controlling, controlled by, or under securities, such as the Registration (e) If there is a dispute as to the common control with such other Rights Agreement. amount of a mistaken payment, the person; (2) any officer, director, partner, (g) The New GM VEBA Plan incurs no parties will enter into a dispute or employee in any such person, or fees, costs or other charges (other than procedure set forth in section 26D of the relative (as defined in section 3(15) of described in the trust agreement and the Modified Settlement Agreement. ERISA) of any such person; or (3) any Modified Settlement Agreement) as a corporation, partnership or other entity result of the transactions exempted Section V—Conditions Applicable to of which such person is an officer, herein. Section I(a), (b) and (c) director or partner. (For purposes of this (h) The terms of any transaction (a) The Committee and the definition, the term ‘‘control’’ means the exempted herein are no less favorable to Independent Fiduciary maintain for a power to exercise a controlling the New GM VEBA Plan than the terms period of six years from the date the influence over the management or negotiated at arms’ length under similar Securities are transferred to the New policies of a person other than an circumstances between unrelated GM VEBA Plan, and the shares of New individual.) parties. GM Common Stock are acquired by the (b) The ‘‘Committee’’ means the New GM VEBA Plan through the Section III—Conditions Applicable to eleven individuals consisting of six exercise of the Warrants, the records Section I(b) independent members and five UAW necessary to enable the persons appointed members who will serve as (a) The Committee and the New GM described in paragraph (b) below to the plan administrator and named VEBA Plan’s third party administrator determine whether the conditions of fiduciary of the New GM VEBA Plan. will review the benefits paid during the this exemption have been met, except (c) The term ‘‘New GM Common transition period and determine the that (i) a separate prohibited transaction Stock’’ means the shares of common dollar amount of mispayments made, will not be considered to have occurred stock, par value $0.01 per share, issued subject to the review of the VEBA if, due to circumstances beyond the by New GM. Trust’s independent auditor. The results control of the Committee and/or the (d) The term ‘‘General Motors of this review will be made available to Independent Fiduciary, the records are Company Employer Security Sub- Old GM and New GM. lost or destroyed prior to the end of the Account of the General Motors (b) Old GM and New GM and their six-year period, and (ii) no party in Company Separate Retiree Account of respective plans’ third party interest other than the Committee or the the VEBA Trust’’ means the sub-account administrator(s) will review the benefits Independent Fiduciary shall be subject established in the General Motors to the civil penalty that may be assessed paid during the transition period and Separate Retiree Account of the VEBA under ERISA section 502(i) if the determine the dollar amount of Trust to hold New GM securities on records are not maintained, or are not mispayments made, subject to the behalf of the New GM VEBA Plan. review of the respective plans’ available for examination as required by (e) The term ‘‘Implementation Date’’ independent auditor. The results of this paragraph (b) below; and means December 31, 2009. (b)(1) Except as provided in section review will be made available to the (f) The term ‘‘Independent Fiduciary’’ (2) of this paragraph and Committee. means a fiduciary that is (i) independent notwithstanding any provisions of (c) Interest on any reimbursed of and unrelated to Old GM, New GM, subsections (a)(2) and (b) of ERISA mispayment will accrue from the date of the UAW, the Committee, and their section 504, the records referred to in the mispayment to the date of the affiliates, and (ii) appointed to act on paragraph (a) above shall be reimbursement. behalf of the New GM VEBA Plan with unconditionally available at their (d) Interest will be determined using respect to the holding, management and 13 customary location during normal the applicable OPEB discount rate. disposition of the Securities. In this business hours to: regard, the fiduciary will not be deemed 13 OPEB means Other Post-Employment Benefits, to be independent of and unrelated to and typically includes retiree healthcare benefits, rate used to discount projected future OPEB life insurance, tuition assistance, day care, legal benefits payment cash flows to determine the Old GM, New GM, the UAW, the services and the like. The OPEB discount rate is a present value of the OPEB obligation. Committee, and their affiliates if (1)

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47974 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

such fiduciary directly or indirectly Preferred Stock; (iii) the Note; (iv) the the transaction of National Science controls, is controlled by, or is under Warrants; and (v) additional shares of Board business and other matters common control with Old GM, New New GM Common Stock acquired specified, as follows: GM, the UAW, the Committee or their pursuant to exercise of the Warrants. AGENCY HOLDING MEETING: National affiliates, (2) such fiduciary directly or (p) The term ‘‘UAW’’ means the Science Board. International Union, United indirectly receives any compensation or DATE AND TIME: Thursday, September 24, Automobile, Aerospace and Agricultural other consideration from Old GM, New 2009, at 8 a.m. GM, the UAW or any Committee Implement Workers of America. PLACE: member in his or her individual (q) The term ‘‘Warrants’’ means Columbus, Ohio, The Ohio State capacity in connection with any warrants to acquire shares of New GM University, Nationwide and Ohio Farm transaction contemplated in this Common Stock, par value $0.01 per Bureau 4H Center, Bob Evans exemption (except that an independent share, issued by New GM. Auditorium. fiduciary may receive compensation (r) The term ‘‘Verification Time STATUS: Some portions open, some from the Committee or the New GM Period’’ means: (i) With respect to all portions closed. Securities other than the Note, the VEBA Plan for services provided to the Open Sessions New GM VEBA Plan in connection with period beginning on the date of the transactions discussed herein if the publication of the final exemption in the September 24, 2009 amount or payment of such Federal Register and ending 60 calendar 8 a.m.–8:20 a.m. compensation is not contingent upon or days thereafter; (ii) with respect to each 8:20 a.m.–8:35 a.m. in any way affected by the independent payment pursuant to the Note, the 8:35 a.m.–9:20 a.m. fiduciary’s ultimate decision), and (3) period beginning on the date of the the annual gross revenue received by payment and ending 90 calendar days Closed Sessions the fiduciary, in any fiscal year, from thereafter; (iii) with respect to the UAW- September 24, 2009 Old GM, New GM, the UAW or a Related Account of the Internal VEBA, the period beginning on the date of 9:35 a.m.–10:50 a.m. member of the Committee in his or her 10:50 a.m.–11:05 a.m. individual capacity, exceeds 3% of the publication of the final exemption in the Federal Register (or, if later, the date of 11:05 a.m.–11:15 a.m. fiduciary’s annual gross revenue from 11:15 a.m.–11:30 a.m. all sources (for federal income tax the transfer of the UAW-Related AGENCY CONTACT: Dr. Robert E. Webber, purposes) for its prior tax year. Account to the New GM VEBA Plan) (g) The term ‘‘Modified Settlement and ending 180 calendar days thereafter; [email protected], (703) 292–7000, Agreement’’ means The UAW Retiree and (iv) with respect to the Mitigation http://www.nsf.gov/nsb/. Settlement Agreement between New GM VEBA, the period beginning on the date Matters To Be Discussed and the UAW dated July 10, 2009. of publication of the final exemption in (h) The term ‘‘New GM’’ means the the Federal Register and ending 60 Thursday, September 24, 2009 company that acquired certain assets calendar days thereafter. Open Session: 8 a.m.–8:20 a.m., Bob and liabilities of Old GM pursuant to (s) The term ‘‘VEBA’’ means the UAW Evans Auditorium the Section 363 Sale. General Motors Company Retiree • National Science Board Chairman’s (i) The term ‘‘Note’’ means the note Medical Benefits Plan (the New GM Introduction issued by New GM with a principal VEBA Plan) and its associated UAW • The Ohio State University amount of $2.5 billion. Retiree Medical Benefits Trust (the President’s Welcome (j) The term ‘‘New GM Plan’’ means VEBA Trust). the retiree medical benefits plan (t) The term ‘‘Registration Rights Executive Committee maintained by New GM that provides Agreement’’ means the Equity Open Session: 8:20 a.m.–8:35 a.m., Bob benefits to most of the same individuals Registration Rights Agreement by and Evans Auditorium as are covered by the Old GM Plan, from among New GM, the U.S. Treasury, • Executive Committee Chairman’s the date of the Section 363 Sale until the Canada, the VEBA Trust and Old GM, Remarks Implementation Date of the New GM entered into on July 10, 2009. • Approval of Minutes for the May VEBA Plan. Signed at Washington, DC, this 15th day of 2009 Meeting (k) The term ‘‘Old GM’’ means the September 2009. • Discussion of Board Priorities for company that remains in bankruptcy Ivan Strasfeld, FY 2010 • protection after the Section 363 Sale. Director of Exemption Determinations, Updates or New Business from (l) The term ‘‘Old GM Plan’’ means Employee Benefits Security Administration, Committee Members the retiree medical benefits plan U.S. Department of Labor. Plenary Open maintained by Old GM that provided [FR Doc. E9–22485 Filed 9–17–09; 8:45 am] benefits to, among others, those who BILLING CODE 4510–29–P Open Session: 8:35 a.m.–9:20 a.m., Bob will be covered by the New GM VEBA Evans Auditorium Plan. • Approval of Plenary Open Minutes, (m) The term ‘‘Preferred Stock’’ means NATIONAL SCIENCE FOUNDATION August 2009 shares of Series A Fixed Rate • Resolutions to Close Portions of Cumulative Perpetual Preferred Stock, National Science Board; Sunshine Act December 2009 Meeting • par value $0.01 per share, issued by Meetings; Notice Chairman’s Report New GM. • Director’s Report (n) The term ‘‘Section 363 Sale’’ The National Science Board, pursuant • Open Committee Reports means a sale under section 363 of Title to NSF regulations (45 CFR Part 614), • Board Member Proposal Review 11 of the U.S. Code, by which on July the National Science Foundation Act, as Process 10, 2009, New GM succeeded to certain amended (42 U.S.C. 1862n–5), and the Committee on Programs and Plans (CPP) assets and liabilities of Old GM. Government in the Sunshine Act (5 (o) The term ‘‘Securities’’ means (i) U.S.C. 552b), hereby gives notice in Closed Session: 9:35 a.m.–10:50 a.m., the New GM Common Stock; (ii) the regard to the scheduling of meetings for Bob Evans Auditorium

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47975

• Committee Chairman’s Remarks I. Introduction Licensee conducted surveys of the • Management and Operation of the The U.S. Nuclear Regulatory Facility and provided information to the National Astronomy and Commission (NRC) is considering the NRC to demonstrate that it meets the Ionosphere Center criteria in Subpart E of 10 CFR Part 20 • issuance of a license amendment to Design for the Deep Underground Byproduct Materials License No. 29– for unrestricted release. Science and Engineering Laboratory 02608–03. This license is held by Need for the Proposed Action Johnson & Johnson Pharmaceutical Committee on Strategy and Budget The Licensee has ceased conducting Research and Development, LLC (the (CSB) licensed activities at the Facility and Licensee), for its Ortho Clinical Closed Session: 10:50 a.m.–11:05 a.m., seeks the unrestricted use of its Facility. Diagnostics Facility (the Facility), Bob Evans Auditorium located at 1001 U.S. Route #202 North Environmental Impacts of the Proposed • Approval of CSB Minutes, August in Raritan, New Jersey. Issuance of the Action 9, 2009 amendment would authorize release of • Committee Chairman’s Remarks The historical review of licensed the Facility for unrestricted use. The • NSF Budget Update: FY 2011 activities conducted at the Facility Licensee requested this action in a letter Budget Request to OMB shows that such activities involved use dated March 27, 2009. The NRC has • Other Committee Business of the following radionuclides with half- prepared an Environmental Assessment lives greater than 120 days: Hydrogen- Plenary Executive Closed (EA) in support of this proposed action 3 and carbon-14. Prior to performing the Closed Session: 11:05 a.m.–11:15 a.m., in accordance with the requirements of final status survey, the Licensee Bob Evans Auditorium Title 10, Code of Federal Regulations conducted decontamination activities, • Approval of Plenary Executive (CFR), Part 51 (10 CFR Part 51). Based as necessary, in the areas of the Facility Closed Minutes, August 2009 on the EA, the NRC has concluded that affected by these radionuclides. • Board Member Proposal a Finding of No Significant Impact The Licensee conducted a final status (FONSI) is appropriate with respect to survey on May 14, 2009. This survey Plenary Closed the proposed action. The amendment covered the 1,528 square feet of Closed Session: 11:15 a.m.–11:30 a.m., will be issued to the Licensee following laboratory space. The final status survey Bob Evans Auditorium the publication of this FONSI and EA in report was attached to the Licensee’s • Approval of Plenary Closed the Federal Register. additional information letter dated Minutes, August 2009 II. Environmental Assessment May 29, 2009. The Licensee elected to • Awards and Agreements demonstrate compliance with the • Closed Committee Reports Identification of Proposed Action radiological criteria for unrestricted release as specified in 10 CFR 20.1402 Ann Ferrante, The proposed action would approve the Licensee’s March 27, 2009, license by using the screening approach Technical Writer/Editor. amendment request, resulting in release described in NUREG–1757, [FR Doc. E9–22643 Filed 9–16–09; 4:15 pm] of the Facility for unrestricted use. ‘‘Consolidated NMSS Decommissioning BILLING CODE 7555–01–P License No. 29–02608–03 was issued on Guidance,’’ Volume 2. The Licensee April 8, 1975, pursuant to 10 CFR Part used the radionuclide-specific derived 30, and has been amended periodically concentration guideline levels (DCGLs), NUCLEAR REGULATORY since that time. This license authorized developed there by the NRC, which COMMISSION the Licensee to use unsealed byproduct comply with the dose criterion in 10 [NRC–2009–0411; Docket No. 030–10814] material for purposes of conducting CFR 20.1402. These DCGLs define the research and development activities on maximum amount of residual Notice of Availability of Environmental laboratory bench tops and in hoods. radioactivity on building surfaces, Assessment and Finding of No The Facility is situated in a 572,000 equipment, and materials that will Significant Impact for License square foot building on 66 acres of satisfy the NRC requirements in Subpart Amendment to Byproduct Materials property and consists of office space, E of 10 CFR Part 20 for unrestricted License No. 29–02608–03 for the laboratories, manufacturing, and release. The Licensee’s final status Unrestricted Release of the Johnson & shipping areas. The Facility is located in survey results were below these DCGLs Johnson Pharmaceutical Research and a commercial area with some residential and are in compliance with the As Low Development, LLC’s Facility in Raritan, use nearby. Within the Facility, use of As Reasonably Achievable (ALARA) NJ licensed materials by the licensee was requirement of 10 CFR 20.1402. The confined to 1,528 square feet of NRC thus finds that the Licensee’s final AGENCY: Nuclear Regulatory laboratory space. status survey results are acceptable. Commission. In February 2007, the Licensee ceased Based on its review, the staff has ACTION: Issuance of Environmental licensed activities and initiated a survey determined that the affected Assessment and Finding of No and decontamination of the Facility. environment and any environmental Significant Impact for License Based on the Licensee’s historical impacts associated with the proposed Amendment. knowledge of the site and the conditions action are bounded by the impacts of the Facility, the Licensee determined evaluated by the ‘‘Generic FOR FURTHER INFORMATION CONTACT: that only routine decontamination Environmental Impact Statement in Dennis Lawyer, Health Physicist, activities, in accordance with their NRC- Support of Rulemaking on Radiological Commercial and R&D Branch, Division approved, operating radiation safety Criteria for License Termination of NRC- of Nuclear Materials Safety, Region I, procedures, were required. The Licensee Licensed Nuclear Facilities’’ (NUREG– 475 Allendale Road, King of Prussia, was not required to submit a 1496) Volumes 1–3 (ML042310492, Pennsylvania; telephone 610–337–5366; decommissioning plan to the NRC ML042320379, and ML042330385). The fax number 610–337–5269 or by e-mail: because worker cleanup activities and staff finds there were no significant [email protected]. procedures are consistent with those environmental impacts from the use of SUPPLEMENTARY INFORMATION: approved for routine operations. The radioactive material at the Facility. The

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47976 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

NRC staff reviewed the docket file with the conclusions of the EA, and additional information letter dated May records and the final status survey otherwise had no comments. 29, 2009 (ML091490762); and report to identify any non-radiological The NRC staff has determined that the 8. Johnson & Johnson Pharmaceutical hazards that may have impacted the proposed action is of a procedural Research and Development, LLC, environment surrounding the Facility. nature, and will not affect listed species additional information letter dated June No such hazards or impacts to the or critical habitat. Therefore, no further 16, 2009 (ML091730375). environment were identified. The NRC consultation is required under Section 7 If you do not have access to ADAMS, has identified no other radiological or of the Endangered Species Act. The or if there are problems in accessing the non-radiological activities in the area NRC staff has also determined that the documents located in ADAMS, contact that could result in cumulative proposed action is not the type of the NRC Public Document Room (PDR) environmental impacts. activity that has the potential to cause Reference staff at 1–800–397–4209, 301– The NRC staff finds that the proposed effects on historic properties. Therefore, 415–4737, or by e-mail release of the Facility for unrestricted no further consultation is required [email protected]. These use is in compliance with 10 CFR under Section 106 of the National documents may also be viewed 20.1402. Based on its review, the staff Historic Preservation Act. electronically on the public computers considered the impact of the residual located at the NRC’s PDR, O–1 F21, One radioactivity at the Facility and III. Finding of No Significant Impact White Flint North, 11555 Rockville concluded that the proposed action will The NRC staff has prepared this EA in Pike, Rockville, MD 20852. The PDR not have a significant effect on the support of the proposed action. On the reproduction contractor will copy quality of the human environment. basis of this EA, the NRC finds that documents for a fee. there are no significant environmental Environmental Impacts of the Dated at Region I, 475 Allendale Road, impacts from the proposed action, and Alternatives to the Proposed Action King of Prussia, PA this 11th day of that preparation of an environmental September 2009. Due to the largely administrative impact statement is not warranted. For the Nuclear Regulatory Commission. nature of the proposed action, its Accordingly, the NRC has determined James P. Dwyer, environmental impacts are small. that a Finding of No Significant Impact Chief, Commercial and R&D Branch, Division Therefore, the only alternative the staff is appropriate. considered is the no-action alternative, of Nuclear Materials Safety, Region I. under which the staff would leave IV. Further Information [FR Doc. E9–22556 Filed 9–17–09; 8:45 am] things as they are by simply denying the Documents related to this action, BILLING CODE 7590–01–P amendment request. This no-action including the application for license alternative is not feasible because it amendment and supporting conflicts with 10 CFR 30.36(d), documentation, are available NUCLEAR REGULATORY requiring that decommissioning of electronically at the NRC’s Electronic COMMISSION byproduct material facilities be Reading Room at http://www.nrc.gov/ [NRC–2009–0408] completed and approved by the NRC reading-rm/adams.html. From this site, after licensed activities cease. The you can access the NRC’s Agencywide Exemption From the Specific Import NRC’s analysis of the Licensee’s final Documents Access and Management License Requirements status survey data confirmed that the System (ADAMS), which provides text 1.0 Request/Action Facility meets the requirements of 10 and image files of NRC’s public CFR 20.1402 for unrestricted release. documents. The documents related to US Ecology Idaho (USEI), a subsidiary Additionally, denying the amendment this action are listed below, along with of American Ecology, operates a request would result in no change in their ADAMS accession numbers. hazardous waste and low-activity current environmental impacts. The 1. NUREG–1757, ‘‘Consolidated radioactive disposal facility near Grand environmental impacts of the proposed NMSS Decommissioning Guidance’’; View, Idaho. By letter dated March 19, action and the no-action alternative are 2. Title 10, Code of Federal 2009 (Agency Documents Access therefore similar, and the no-action Regulations, Part 20, Subpart E, Management System [ADAMS] alternative is accordingly not further ‘‘Radiological Criteria for License Accession No. ML091600258), USEI considered. Termination’’; requested an exemption from the 3. Title 10, Code of Federal requirements in 10 CFR Part 110, Conclusion Regulations, Part 51, ‘‘Environmental ‘‘Export and Import of Nuclear The NRC staff has concluded that the Protection Regulations for Domestic Equipment and Material,’’ for a specific proposed action is consistent with the Licensing and Related Regulatory license to import waste from Canada. NRC’s unrestricted release criteria Functions’’; Pursuant to 10 CFR 110.10, the specified in 10 CFR 20.1402. Because 4. NUREG–1496, ‘‘Generic Commission may, upon application by the proposed action will not Environmental Impact Statement in any interested person or upon its own significantly impact the quality of the Support of Rulemaking on Radiological initiative, grant exemptions for the human environment, the NRC staff Criteria for License Termination of NRC- requirements for a specific license in 10 concludes that the proposed action is Licensed Nuclear Facilities’’; CFR Part 110, when the import is (1) the preferred alternative. 5. Johnson & Johnson Pharmaceutical authorized by law; (2) is not inimical to Research and Development, LLC, the common defense and security of the Agencies and Persons Consulted amendment request letter dated March United States; and (3) will not constitute NRC provided a draft of this 27, 2009 (ML090960269); an unreasonable risk to the public Environmental Assessment to the New 6. Johnson & Johnson Pharmaceutical health and safety. Jersey Department of Environmental Research and Development, LLC, Protection for review on June 25, 2009. additional information letter dated April 2.0 Background On August 7, 2009, the New Jersey 28, 2009 (ML091200252); USEI requested an exemption from Department of Environmental Protection 7. Johnson & Johnson Pharmaceutical the requirements in 10 CFR 110.27 for responded by letter. The State agreed Research and Development, LLC, a specific license to import and dispose

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47977

of approximately 2,500 cubic meters of and disposal of the Toronto waste will Mechanical Equipment for Nuclear soil containing 15% concrete and metal be well below 25 mrem/yr. Power Plants,’’ was issued with a debris contaminated with low temporary identification as Draft 4.0 Conclusion concentrations of naturally occurring Regulatory Guide, DG–1175. This guide radium-226 and uranium-238, which Accordingly, the Commission has describes methods that the staff of the will be generated during remediation determined that, pursuant to 10 CFR NRC considers acceptable for use in the and redevelopment of a property located 110.10(a), an exemption from the seismic qualification of electrical and in Toronto, Canada. In its March 19, requirements of 10 CFR 110.27 is active mechanical equipment and the 2009, letter, USEI stated that this authorized by law, will not present an functional qualification of active material meets the ‘‘unimportant undue risk to the public health and mechanical equipment for nuclear quantity of source material’’ criteria safety, and is consistent with the power plants (NPPs). founded in 10 CFR 40.13(a). As part of common defense and security. The general requirements for the their request, USEI included a safety Therefore, the Commission hereby seismic qualification of electrical and assessment of the shipment from the grants USEI an exemption from the active mechanical equipment appear in Toronto property to the USEI disposal requirement of 10 CFR 110.27 for a Title 10 of the Code of Federal facility in Idaho and the resulting specific license to import the Regulations (10 CFR) part 50, ‘‘Domestic potential doses to members of the public approximately 2,500 cubic meters of Licensing of Production and Utilization during transport and disposal. contaminated soil. Facilities,’’ and 10 CFR part 52, ‘‘Early As a matter of policy, the U.S. Nuclear This exemption is effective upon Site Permits; Standard Design Regulatory Commission (NRC) reviews issuance. Certifications; and Combined Licenses the safety implications of disposing of For The Nuclear Regulatory Commission. for Nuclear Power Plants.’’ Particular unimportant quantities of material at Dated this 9th day of September 2009 at sections include General Design sites other than Atomic Energy Act- Rockville, Maryland. Criterion (GDC) 1, ‘‘Quality Standards licensed disposal facilities. USEI is Scott W. Moore, and Records’’; GDC 2, ‘‘Design Bases for permitted by the Idaho Department of Deputy Director, Office of International Protection Against Natural Environmental Quality (IDEQ) to Programs. Phenomena’’; and GDC 4, operate a Resource Conservation and [FR Doc. E9–22559 Filed 9–17–09; 8:45 am] ‘‘Environmental and Dynamic Effects Recovery Act (RCRA) Subtitle C facility BILLING CODE 7590–01–P Design Basis,’’ of Appendix A, ‘‘General located near Grand View, Idaho and is Design Criteria for Nuclear Power not an NRC licensee. Consistent with Plants,’’ to 10 CFR part 50; Criterion III, Commission policy (Federal Register: NUCLEAR REGULATORY ‘‘Design Control’’; Criterion XI, ‘‘Test August 28, 2002 [Volume 67, Number COMMISSION Control’’; and Criterion XVII, ‘‘Quality 167], Proposed Rules, Pages 55175– Assurance Records,’’ of Appendix B, 55179) such a request for transfer would [NRC–2009–0294] ‘‘Quality Assurance Criteria for Nuclear normally be approved if the dose to a Notice of Issuance of Regulatory Guide Power Plants and Fuel Reprocessing member of the public is unlikely to Plants,’’ to 10 CFR part 50; and exceed 0.25 mSv/yr (25 mrem/yr). AGENCY: Nuclear Regulatory Appendix S, ‘‘Earthquake Engineering Commission. Criteria for Nuclear Power Plants,’’ to 10 3.0 Discussion ACTION: Notice of issuance and CFR part 50. USEI supplied information on the availability of Regulatory Guide 1.100, II. Further Information source term of the waste and a proposed Revision 3. scenario to evaluate different possible In May 2008, DG–1175 was published exposures for members of the public. FOR FURTHER INFORMATION CONTACT: John with a public comment period of 60 These scenarios include dose to the Burke, U.S. Nuclear Regulatory days from the issuance of the guide. The transportation workers, USEI workers, Commission, Washington, DC 20555– public comment period closed on July and post-closure dose to the general 0001, telephone (301) 251–7628 or e- 11, 2008. The staff’s responses to the public. The State of Idaho RCRA permit mail to [email protected]. public comments are located in NRC’s allows the disposal of exempted SUPPLEMENTARY INFORMATION: Agencywide Documents Access and radioactive material including uranium Management System under accession as either naturally occurring radioactive I. Introduction number ML091320489. Electronic material or unimportant quantities of The U.S. Nuclear Regulatory copies of Regulatory Guide 1.100, source material provided they meet the Commission (NRC) is issuing a revision Revision 3 are available through the requirements outlined in 10 CFR to an existing guide in the agency’s NRC’s public Web site under 40.13(a) and can demonstrate that no ‘‘Regulatory Guide’’ series. This series ‘‘Regulatory Guides’’ at http:// individual would receive a dose in was developed to describe and make www.nrc.gov/reading-rm/doc- excess of 0.15 mSv/yr (15 mrem/yr) for available to the public information such collections/. a period of 100 years after closure of the as methods that are acceptable to the In addition, regulatory guides are facility. NRC staff for implementing specific available for inspection at the NRC’s Based on sampling results provided, parts of the agency’s regulations, Public Document Room (PDR) located at the NRC confirmed that this waste techniques that the staff uses in Room O–1F21, One White Flint North, material qualifies as ‘‘unimportant evaluating specific problems or 11555 Rockville Pike, Rockville, quantities of source material’’ (i.e., postulated accidents, and data that the Maryland 20852–2738. The PDR’s containing less than 0.05 weight percent staff needs in its review of applications mailing address is USNRC PDR, of source material) under 10 CFR for permits and licenses. Washington, DC 20555–0001. The PDR 40.13(a). As indicated in the Safety Revision 3 of Regulatory Guide 1.100, can also be reached by telephone at Evaluation Report (ML092380115), the ‘‘Seismic Qualification of Electrical and (301) 415–4737 or (800) 397–4209, by staff verified that the expected dose to Active Mechanical Equipment and fax at (301) 415–3548, and by e-mail to a member of the public due to transfer Functional Qualification of Active [email protected].

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47978 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

Regulatory guides are not DATES: Comments must be filed no later Dated at Rockville, Maryland, this 11th day copyrighted, and NRC approval is not than 60 days from the date of of September 2009. required to reproduce them. publication of this notice in the Federal For the Nuclear Regulatory Commission. Dated at Rockville, Maryland, this 25th day Register. Comments received after this William F. Burton, of August 2009. date will be considered, if it is practical Chief, Rulemaking and Guidance For the Nuclear Regulatory Commission. to do so, but the Commission is able to Development Branch, Division of New Reactor Licensing, Office of New Reactors. Andrea D. Valentin, ensure consideration only for comments [FR Doc. E9–22557 Filed 9–17–09; 8:45 am] Chief, Regulatory Guide Development Branch, received on or before this date. Division of Engineering, Office of Nuclear ADDRESSES: Comments may be BILLING CODE 7590–01–P Regulatory Research. submitted to: Mr. Michael T. Lesar, [FR Doc. E9–22558 Filed 9–17–09; 8:45 am] Chief, Rulemaking & Directives Branch, NUCLEAR REGULATORY BILLING CODE 7590–01–P MS: TWB–05–B01M, Office of COMMISSION Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555– [NRC–2009–0405] NUCLEAR REGULATORY 0001. COMMISSION The NRC maintains ADAMS, which Request for a License To Export Radioactive Waste [NRC–2009–0410] provides text and image files of NRC’s public documents. These documents Pursuant to 10 CFR 110.70 (b) ‘‘Public Proposed Standard Review Plan; may be accessed through the NRC’s Notice of Receipt of an Application,’’ Branch Technical Position 18–1 on Public Electronic Reading Room on the please take notice that the U. S. Nuclear Guidance for Evaluating Minimum Internet at http://www.nrc.gov/reading- Regulatory Commission (NRC) has Inventory of Alarms, Controls, and rm/adams.html. Persons who do not received the following request for an Displays for New Light-Water Reactor have access to ADAMS or who export license. Copies of the request are Plant Designs encounter problems in accessing the available electronically through ADAMS documents located in ADAMS should AGENCY: and can be accessed through the Public Nuclear Regulatory contact the NRC Public Document Room Commission (NRC). Electronic Reading Room (PERR) link reference staff at 1–800–397–4209, 301– http://www.nrc.gov/reading-rm.html at ACTION: Solicitation of public comment. 415–4737, or by e-mail at the NRC Homepage. SUMMARY: The NRC is requesting public [email protected]. A request for a hearing or petition for comment on NUREG–0800, ‘‘Standard FOR FURTHER INFORMATION CONTACT: Mr. leave to intervene may be filed within Review Plan for the Review of Safety Michael A. Junge, Chief, Operator thirty days after publication of this Analysis Reports for Nuclear Power Licensing and Human Performance notice in the Federal Register. Any Plants,’’ Branch Technical Position Branch, Division of Construction request for hearing or petition for leave (BTP) 18–1, on Guidance for Evaluating Inspection and Operational Programs, to intervene shall be served by the Minimum Inventory of Alarms, Office of New Reactors, U.S. Nuclear requestor or petitioner upon the Controls, and Displays for New Light Regulatory Commission, Washington, applicant, the office of the General Water Reactor Plant Designs DC 20555–0001; telephone 301–415– Counsel, U.S. Nuclear Regulatory (Agencywide Documents Access and 6855 or e-mail at Commission, Washington, DC 20555; Management System (ADAMS) [email protected]. the Secretary, U.S. Nuclear Regulatory Accession No. ML092330826). This BTP Commission, Washington, DC 20555; is to be cited as the acceptance criteria SUPPLEMENTARY INFORMATION: This SRP, and the Executive Secretary, U.S. for the minimum inventory of controls, NUREG–0800, has been prepared to Department of State, Washington, DC displays, and alarms in the Standard establish criteria that the NRO staff use 20520. Review Plan (SRP) Chapter 18, Section to evaluate if DC and COL applications A request for a hearing or petition for II.A.7, item 8 for those standard designs meet the NRC’s regulations. The SRP is leave to intervene may be filed with the that have not been certified prior to the not a substitute for the NRC’s NRC electronically in accordance with date of this BTP. When BTP 18–1 is regulations, and compliance with it is NRC’s E–Filing rule promulgated in the issued as final, Chapter 18, Section not required. However, applicants are August 28 2007 Federal Register, 72 FR II.A.7, item 8, which currently states, required to identify differences in 49139. Information about filing ‘‘8. A minimum inventory of controls, design features, analytical techniques, electronically is available on the NRC’s displays, and alarms,’’ will be revised to and procedural measures proposed for a public Web site at http://www.rnc.gov/ read, ‘‘8. A minimum inventory of facility and corresponding SRP site-help/e-submittals.html. To ensure controls, displays, and alarms (See the acceptance criteria, and evaluate how timely electronic filing, at least 5 (five) guidance in BTP 18–1 for designs that the proposed alternatives to the days prior to the filing deadline, the the NRC has not previously certified).’’ acceptance criteria provide an petitioner/requestor should contact the (Material in parenthesis is added as a acceptable method of complying with Office of the Secretary by e-mail at pointer to the BTP.) the NRC’s regulations. [email protected], or by The NRC staff issues SRPs and BTPs The agency posts its issued staff calling (301) 415–1677, to request a to facilitate timely implementation of guidance in the agency external web digital ID certificate and allow for the current staff guidance and to facilitate page (http://www.nrc.gov/reading-rm/ creation of an electronic docket. activities associated with the review of doc-collections/nuregs/staff/sr0800). In addition to a request for hearing or applications for design certification (DC) The NRC staff is issuing this notice to petition for leave to intervene, written and combined licenses (COLs) by the solicit public comments on proposed comments, in accordance with 10 CFR Office of New Reactors (NRO). The NRC BTP 18–1, which is being issued for the 110.81, should be submitted within staff will also incorporate the revised first time. After the NRC staff considers thirty (30) days after publication of this SRP section and BTP 18–1 into the next any public comments, it will make a notice in the Federal Register to Office revisions of Regulatory Guide 1.206 and determination regarding proposed BTP of the Secretary, U.S. Nuclear any related guidance documents. 18–1. Regulatory Commission, Washington,

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47979

DC 20555, Attention: Rulemaking and The information concerning this Adjudications export license application follows.

NRC EXPORT LICENSE APPLICATION

Name of applicant, date of Description of material application, date received, End use Recipient application No., Docket No. Material type Total quantity country

Eastern Technologies, Inc. Class A radioactive waste as The total quantity authorized The secondary waste resulting Mexico. (ETI); August 3, 2009; Au- slightly contaminated sec- for export will not exceed from the Laguna Verde ma- gust 5, 2009; XW016; ondary waste resulting from quantities imported in ac- terial will be shipped to Im- 11005825. the dissolving and decon- cordance with NRC license pact Services, Oak Ridge, tamination of polyvinyl alco- IW016. TN for further volume reduc- hol (PVA) dissolvable pro- tion and then returned to tective clothing and related ETI for export back to La- items (e.g., zippers, hook & guna Verde in Mexico. loop material, elastic, etc.) along with the process filters used to decontaminate the dissolved clothing retrieved from the combustible Class A radioactive waste im- ported in accordance with NRC license IW016.

For the Nuclear Regulatory Commission. may call the Federal relay service toll- Congress nevertheless allowed for the Dated this 8th day of September 2009 at free at 1–800–877–8339 and ask to be possibility that, in certain industries, Rockville, Maryland. connected to 202–326–4020). the fact that particular employers go out Scott W. Moore, SUPPLEMENTARY INFORMATION: of business (or cease operations in a Deputy Director, Office of International specific geographic region) might not Programs. Background result in permanent damage to the [FR Doc. E9–22560 Filed 9–17–09; 8:45 am] Under section 4201 of ERISA, an pension plan’s contribution base. In the construction industry, for example, the BILLING CODE 7590–01–P employer who completely or partially funding base of a pension plan is the withdraws from a defined benefit construction projects in the area covered multiemployer pension plan becomes by the collective bargaining agreements PENSION BENEFIT GUARANTY liable for a proportional share of the under which a pension plan is CORPORATION plan’s unfunded vested benefits. The maintained. Even if the amount of work statute specifies that a ‘‘complete performed by a particular employer Approval of Amendment to Special withdrawal’’ occurs whenever an fluctuates markedly in any given year, Withdrawal Liability Rules for Service employer either permanently (1) ceases individual employees will typically Employees International Union Local 1 to have an obligation to contribute to the Pension Trust Fund continue to work for other contributing plan, or (2) ceases all operations covered employers in the same geographic area. AGENCY: Pension Benefit Guaranty under the plan. See ERISA section Consequently, the withdrawal of an Corporation. 4203(a). Under the first test, an employer does not remove jobs from or ACTION: Notice of approval. employer who remains in business but damage the pension plan’s contribution no longer has an obligation to contribute base unless the employer continues to SUMMARY: The Service Employees to the plan will incur withdrawal work in the geographic area covered by International Union Local 1 Pension liability. Under the second test, an collective bargaining agreement without Trust Fund requested the Pension employer who closes or sells its contributing to the plan. Benefit Guaranty Corporation (‘‘PBGC’’) operations will also incur withdrawal This reasoning led Congress to adopt to approve a plan amendment providing liability. The ‘‘partial withdrawal’’ a special definition of the term for special withdrawal liability rules for provisions of sections 4205 and 4206 ‘‘withdrawal’’ for construction industry employers that maintain the Plan. PBGC impose a lesser measure of liability plans. Section 4203(b)(2) of ERISA published a Notice of Pendency of the upon employers who reduce, but do not provides that a complete withdrawal Request for Approval of the amendment eliminate, the obligations or operations occurs only if an employer ceases to on March 2, 2009 (74 FR 9114) (‘‘Notice that generate contributions to the plan. have an obligation to contribute under of Pendency’’). In accordance with the The withdrawal liability provisions of a plan, but nevertheless continues to provisions of the Employee Retirement ERISA are a critical factor in perform previously covered work in the Income Security Act of 1974, as maintaining the solvency of these jurisdiction of the collective bargaining amended (‘‘ERISA’’), PBGC is now pension plans and reducing claims agreement or resumes such work within advising the public that the agency has made on the multiemployer plan five years after the date on which the approved the requested amendment. insurance fund maintained by PBGC. obligations to contribute ceased.1 There FOR FURTHER INFORMATION CONTACT: Eric Without withdrawal liability rules, an Field, Attorney, Office of the Chief employer who participates in an 1 Section 4203(c)(1) of ERISA applies a similar Counsel, Pension Benefit Guaranty underfunded multiemployer plan would definition of complete withdrawal to the Corporation, 1200 K Street, NW., have a powerful economic incentive to entertainment industry, except that the pertinent jurisdiction is the jurisdiction of the plan rather Washington, DC 20005–4026; telephone reduce expenses by withdrawing from than the jurisdiction of the collective bargaining 202–326–4020. (TTY and TDD users the plan. Continued

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47980 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

is a parallel rule for partial withdrawals under section 4203(b) of ERISA. Any request on behalf of the Service from construction plans. Under section special rule for partial withdrawals Employees International Union Local 1 4208(d)(1) of ERISA, an employer to must be consistent with the Pension Trust Fund (‘‘Local 1 Plan’’) for whom section 4203(b) (relating to the construction industry partial approval of an amendment prescribing building and construction industry) withdrawal provisions. Each request for special withdrawal liability rules that, if applies is liable for a partial withdrawal approval of a plan amendment approved by PBGC, would be effective ‘‘only if the employer’s obligation to establishing special withdrawal liability as of July 1, 2005. PBGC received no contribute under the plan is continued rules must provide PBGC with detailed comments on the notice. for no more than an insubstantial financial and actuarial data about the portion of its work in the craft and area plan. In addition, the applicant must The Local 1 Plan is a multiemployer jurisdiction of the collective bargaining provide PBGC with information about plan covering the residential building agreement of the type for which the effects of withdrawals on the plan’s cleaning industry in Chicago, Illinois. It contributions are required. contribution base. As a practical matter, is maintained pursuant to collective Section 4203(f) of ERISA provides the plan must show that the bargaining agreements with the that PBGC may prescribe regulations characteristics of employment and labor Apartment Building Owners and under which plans that are not in the relations in its industry are sufficiently Managers Association of Chicago construction industry may be amended similar to those in the construction (‘‘ABOMA’’) and independent cleaning to use special withdrawal liability rules industry that use of the construction contractors. As of July 1, 2006, it had similar to those that apply to rule would be appropriate. Relevant approximately 3,800 active participants construction plans. Under the statute, factors include the mobility of the and was paying approximately $5.8 the regulations shall permit the use of employees, the intermittent nature of million in benefits to 1,400 pensioners special withdrawal liability rules only the employment, the project-by-project and survivors. in industries that PBGC determines have nature of the work, extreme fluctuations characteristics that would make use of in the level of an employer’s covered The Local 1 Plan submitted collective the special withdrawal liability rules work under the plan, the existence of a bargaining agreements expiring in 2008, appropriate. ERISA § 4203(f)(2)(A). In consistent pattern of entry and indicating that ABOMA had over 200 addition, each plan application must withdrawal by employers, and the local contributing employer members. Total show that the special rule will not pose nature of the work performed. PBGC contributions for the 2006 plan year a significant risk to the PBGC. ERISA will approve a special withdrawal were $7.08 million. The contributing § 4203(f)(2)(B). Section 4208(e)(3) of liability rule only if a review of the employers are owners of residential ERISA provides that a plan may adopt record shows that: apartments in the Chicago area and the rules for the reduction or elimination of (1) The industry has characteristics number of apartments is unlikely to partial withdrawal liability—under that would make use of the special decrease. Between 2002 and 2006, the regulations prescribed by PBGC— construction withdrawal rules number of active participants remained subject to PBGC’s determination that appropriate; and stable. such rules are consistent with the (2) The adoption of the special rule Contributions have increased at a purpose of ERISA. will note pose a significant risk to the The regulation on Extension of PBGC. faster rate than benefit payments for the last three years in the submission, and Special Withdrawal Liability Rules (29 After review of the application and all CFR Part 4203) prescribes the public comments, PBGC may approve as of 2006 were running nearly 20 procedures a multiemployer plan must the amendment in the form proposed by percent higher than payouts. For full- follow to request PBGC approval of a the plan, approve the application time employees, the weekly plan amendment that establishes special subject to conditions or revisions, or contribution rate to the Local 1 Plan was complete or partial withdrawal liability deny the application. $136.67 for the twelve months starting rules. Under 29 CFR 4203.3(a), a December 1, 2005, $156.00 for the complete withdrawal rule must be Request following twelve months, and $182 for similar to the statutory provision that On March 3, 2009, PBGC published a the twelve months starting December 1, applies to construction industry plans notice soliciting public comment on a 2007.2

SUMMARY OF ACTUARIAL VALUATION RESULTS, 2003–2006

Valuation date (July 1) Item 2006 2005 2004 2003

Active participants ...... 4,063 4,157 4,233 4,259 Retirees ...... 1,761 1,749 1,705 1,694 Monthly benefit accrual rate ($) ...... 22 22 22 22 Max. monthly benefit ($) ...... 645 645 645 645 Contributions ($000) ...... 7,081 6,525 5,864 4,689 Benefits ($000) ...... 5,812 5,606 5,501 5,391 Accrued liability ($000) ...... 97,335 93,606 92,923 90,274 Market value of assets ($000) ...... 83,630 77,743 72,138 64,582 Net min. funding charge w/o credit bal. ($000) ...... 6,269 5,982 6,026 6,284 Normal cost ($000) ...... 2,138 2,251 2,279 2,302 Unfunded accrued liability* ($000) ...... 13,705 15,863 20,785 25,692 Present value of vested benefits ($000) ...... 103,744 98,711 100,736 92,276

agreement. No plan has ever requested PBGC to 2 According to the 2007 Form 5500, obtained after rate has held steady for several years at $21.50, determine that it shares the characteristics of an the notice of pendency, the monthly benefit accrual although it was increased January 1, 2008 to $23.33. entertainment plan.

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47981

SUMMARY OF ACTUARIAL VALUATION RESULTS, 2003–2006—Continued

Valuation date (July 1) Item 2006 2005 2004 2003

Unfunded liability, vested benefits * ($000) ...... 20,114 20,968 28,598 27,694 Valuation interest rate (%) ...... 7.5 7.5 7.5 7.5 * Using market value of assets.

Decision on the Proposed Amendment contributions for the same employees at Issued at Washington, DC, on this 11th day the same location for the same work. of September 2009. The statute and the implementing Vincent K. Snowbarger, regulation state that PBGC must make 2. What Is the Exposure and Risk of Loss Acting Director, Pension Benefit Guaranty two factual determinations before it to PBGC and Participants? Corporation. approves a request for an amendment [FR Doc. E9–22537 Filed 9–17–09; 8:45 am] that adopts a special withdrawal Exposure. The bargaining parties had liability rule. ERISA § 4203(f); 29 CFR maintained the same benefit accrual rate BILLING CODE 7708–01–P § 4203.5(a). First, on the basis of a for several years. The benefit liabilities showing by the plan, PBGC must have grown by 11 percent from 2002 to determine that the amendment will 2006. However, over the same time OFFICE OF PERSONNEL apply to an industry that has period, contributions nearly tripled and MANAGEMENT characteristics that would make use of assets grew by 28 percent. Thus, the Submission for Review: OPM Form the special rules appropriate. Second, parties have worked to preserve an 1203–FX, Occupational Questionnaire, PBGC must determine that the plan adequate cushion against market 3206–0040 amendment will not pose a significant downturns. risk to the insurance system. PBGC’s Risk of loss. The record shows that the AGENCY: Office of Personnel discussion on each of those issues Local 1 Plan presents a low risk of loss Management. follows. After review of the record ACTION: 60-day Notice and request for submitted by the Local 1 Plan, and to PBGC insurance funds. The Local 1 comments. having received no public comments, Plan’s active participant population has been stable, hovering around 4,000 PBGC has entered the following SUMMARY: The Automated Systems actives for several years. Additionally, determinations. Management Group, Office of Personnel the Local 1 Plan and the covered 1. What Is the Nature of the Industry? Management (OPM) offers the general industry have unique characteristics public and other federal agencies the In determining whether an industry that suggest that the Local 1 Plan’s opportunity to comment on an existing has the characteristics that would make contribution base is likely to remain information collection request (ICR) an amendment to special rules stable. Contributions to the Local 1 Plan 3206–0040, Occupational appropriate, an important line of are made with respect to Chicago Questionnaire, OPM Form 1203–FX. As inquiry is the extent to which the Local residential buildings. This contribution required by the Paperwork Reduction 1 Plan’s contribution base resembles base is secure and the departure of one Act of 1995, (Pub. L. 104–13, 44 U.S.C. that found in the construction industry. employer from the Local 1 Plan is not chapter 35) as amended by the Clinger- This threshold question requires likely to have an adverse effect on the Cohen Act (Pub. L. 104–106), OPM is consideration of the effect of employer contribution base so long as the number soliciting comments for this collection. withdrawals on the Local 1 Plan’s of buildings covered does not decline. The Office of Management and Budget contribution base. is particularly interested in comments As the Local 1 Plan has asserted, Conclusion that: covered work must be performed at a Based on the Plan’s submissions and 1. Evaluate whether the proposed residential building located in Chicago. the representations and statements collection of information is necessary The work is local in nature and made in connection with the request for for the proper performance of the generally continues to be covered by the approval, PBGC has determined that the functions of the agency, including Local 1 Plan regardless of the employer plan amendment adopting the special whether the information will have retained to do those services. An practical utility; withdrawal liability rules (1) will apply employer ceases to have an obligation to 2. Evaluate the accuracy of the only to an industry that has contribute when it loses a cleaning or agency’s estimate of the burden of the security contract because the building characteristics that would make the use proposed collection of information, owner outsources the work or retains a of special withdrawal liability rules including the validity of the different service provider, or when the appropriate, and (2) will not pose a methodology and assumptions used; employer closes its business due to significant risk to the insurance system. 3. Enhance the quality, utility, and bankruptcy, retirement, or business Therefore, PBGC hereby grants the Local clarity of the information to be relocation. Over the past 10 years, 1 Plan’s request for approval of a plan collected; and cessation of contributions by any amendment modifying special 4. Minimize the burden of the individual employer has not had an withdrawal liability rules, as set forth collection of information on those who adverse impact on the Local 1 Plan’s herein. Should the Local 1 Plan wish to are to respond, including through the contribution base. Most of the amend these rules at any time, PBGC use of appropriate automated, employers that have ceased to approval of the amendment will be electronic, mechanical, or other contribute have been replaced by required. technological collection techniques or another employer who begins other forms of information technology,

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47982 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

e.g., permitting electronic submissions SMALL BUSINESS ADMINISTRATION Dated: September 11, 2009. of responses. [Disaster Declaration #11878 and #11879] Karen G. Mills, DATES: Comments are encouraged and Administrator. will be accepted until November 17, Michigan Disaster #MI–00018 [FR Doc. E9–22542 Filed 9–17–09; 8:45 am] 2009. This process is conducted in BILLING CODE 8025–01–P accordance with 5 CFR 1320.1. AGENCY: Small Business Administration. ADDRESSES: Interested persons are ACTION: Notice. invited to submit written comments on SUMMARY: This is a notice of an DEPARTMENT OF STATE this ICR to the Automated Systems Administrative declaration of a disaster [Public Notice 6765] Management Group, Office of Personnel for the State of Michigan dated 09/11/ Management, 1900 E Street, NW., 2009. 30-Day Notice of Proposed Information Washington, DC 20415, Attention: Incident: Severe Storms and Flooding. Collection: DS–0174, Application for Denise Valentine-Tyson or sent via Incident Period: 08/08/2009 through Employment as a Locally Employed electronic mail to Denise.Valentine- 08/10/2009. Staff or Family Member, OMB Control [email protected]. Effective Date: 09/11/2009. Number 1405–XXXX FOR FURTHER INFORMATION CONTACT: A Physical Loan Application Deadline copy of this ICR, with applicable Date: 11/10/2009. ACTION: Notice of request for public supporting documentation, may be Economic Injury (EIDL) Loan comment and submission to OMB of obtained by contacting the Automated Application Deadline Date: 06/11/2010. proposed collection of information. Systems Management Group, Office of ADDRESSES: Submit completed loan SUMMARY: The Department of State has Personnel Management, 1900 E Street, applications to: U.S. Small Business Administration, Processing and submitted the following information NW., Washington, DC 20503, Attention: collection request to the Office of Denise Valentine-Tyson or sent via Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. Management and Budget (OMB) for electronic mail to Denise.Valentine- approval in accordance with the [email protected]. FOR FURTHER INFORMATION CONTACT: A. Paperwork Reduction Act of 1995. SUPPLEMENTARY INFORMATION: The Escobar, Office of Disaster Assistance, • Title of Information Collection: Occupational Questionnaire is an U.S. Small Business Administration, Department of State Application for optical scan form designed to collect 409 3rd Street, SW., Suite 6050, Employment as a Locally Employed applicant information and qualifications Washington, DC 20416. Staff or Family Member. in a format suitable for automated SUPPLEMENTARY INFORMATION: Notice is • OMB Control Number: 1405–XXXX. processing and to create applicant hereby given that as a result of the • Type of Request: New Collection. • records for an automated examining Administrator’s disaster declaration, Originating Office: Bureau of system. The 1203 series was commonly applications for disaster loans may be Human Resources, Office of Overseas referred to as the ‘‘Qualifications and filed at the address listed above or other Employment (HR/OE). locally announced locations. • Form Number: DS–0174. Availability Form C.’’ OPM has re-titled • the series as ‘‘Occupational The following areas have been Respondents: Candidates seeking Questionnaire’’ to fit a more generic determined to be adversely affected by employment, including family members need. OPM uses this form to carry out the disaster: of Foreign Service, Civil Service, and its responsibility for open competitive Primary Counties: Lapeer uniformed service members officially examining for admission to the Contiguous Counties: Michigan: assigned to the Mission and under Chief competitive service in accordance with Genesee, Macomb, Oakland, Saint of Mission authority. • Estimated Number of Respondents: section 3304, of title 5, United States Clair, Sanilac, Tuscola The Interest Rates are: 40,000. Code. • Estimated Number of Responses: Analysis Percent 40,000. • Average Hours per Response: 1 Agency: Automated Systems hour. Management Group, Office of Personnel Homeowners With Credit Avail- able Elsewhere ...... 5.500 • Total Estimated Burden: 40,000. Management. Homeowners Without Credit • Frequency: On Occasion. Title: Occupational Questionnaire, Available Elsewhere ...... 2.750 • Obligation To Respond: Required to OPM Form 1203–FX. Businesses With Credit Available Obtain a Benefit. OMB Number: 3260–0040. Elsewhere ...... 6.000 DATES: Submit comments to the Office Frequency: On occasion. Businesses & Small Agricultural of Management and Budget (OMB) for Affected Public: Individuals or Cooperatives Without Credit up to 30 days from September 18, 2009. households. Available Elsewhere ...... 4.000 Number of Respondents: 3,484,764. Other (Including Non-Profit Orga- ADDRESSES: Direct comments to the Estimated Time per Respondent: 45 nizations) With Credit Available Department of State Desk Officer in the minutes. Elsewhere ...... 4.500 Office of Information and Regulatory Total Burden Hours: 2,613,573. Businesses and Non-Profit Orga- Affairs at the Office of Management and Total Burden Cost (capital/startup): nizations Without Credit Avail- Budget (OMB). You may submit able Elsewhere ...... 4.000 None. comments by the following methods: Total Burden Cost (operating/ • E-mail: The number assigned to this disaster maintaining): $468,280. [email protected]. You for physical damage is 11878 6 and for must include the DS form number, Office of Personnel Management. economic injury is 11879 0. The State information collection title, and OMB John Berry, which received an EIDL Declaration # is control number in the subject line of Director. Michigan. your message. [FR Doc. E9–22566 Filed 9–17–09; 8:45 am] (Catalog of Federal Domestic Assistance • Fax: 202–395–5806. Attention: Desk BILLING CODE 6325–38–P Numbers 59002 and 59008) Officer for Department of State.

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47983

FOR FURTHER INFORMATION CONTACT: You DEPARTMENT OF STATE ACTION: Notice and solicitation of public may obtain copies of the proposed comment. [Public Notice 6764] information collection and supporting SUMMARY: This notice announces the documents from Frank Venson McCoy, Culturally Significant Objects Imported initiation of a review to consider Bureau of Human Resources, Office of for Exhibition Determinations: designating the Republic of Maldives as Overseas Employment, U.S. Department ‘‘Falnama: The Book of Omens’’ a beneficiary developing country for of State, Washington, DC 20520 who purposes of the GSP program, and may be reached on 703–820–5155 or at SUMMARY: Notice is hereby given of the solicits public comments on whether [email protected]. following determinations: Pursuant to the authority vested in me by the Act of Maldives meets the eligibility criteria SUPPLEMENTARY INFORMATION: October 19, 1965 (79 Stat. 985; 22 U.S.C. for designation as a beneficiary We are soliciting public comments to 2459), Executive Order 12047 of March developing country. Comments are due permit the Department to: 27, 1978, the Foreign Affairs Reform and by Friday, October 16, 2009, and must be submitted in accordance with the • Restructuring Act of 1998 (112 Stat. Evaluate whether the proposed 2681, et seq.; 22 U.S.C. 6501 note, et requirements set out below. information collection is necessary to seq.), Delegation of Authority No. 234 of FOR FURTHER INFORMATION CONTACT: properly perform our functions. October 1, 1999, Delegation of Authority Tameka Cooper, GSP Program, Office of • Evaluate the accuracy of our No. 236 of October 19, 1999, as the United States Trade Representative, estimate of the burden of the proposed amended, and Delegation of Authority 1724 F Street, NW., Washington, DC collection, including the validity of the No. 257 of April 15, 2003 [68 FR 19875], 20508. The telephone number is (202) methodology and assumptions used. I hereby determine that the objects in 395–6971, the fax number is (202) 395– • Enhance the quality, utility, and the exhibition: ‘‘Falnama: The Book of 2961, and the e-mail address is Omens,’’ imported from abroad for _ clarity of the information to be Tameka [email protected]. temporary exhibition within the United collected. Public versions of all documents States, are of cultural significance. The relating to this review will be made • Minimize the reporting burden on objects are imported pursuant to loan available for public viewing in docket those who are to respond. agreements with the foreign owners or USTR–2009–0030 at http:// custodians. I also determine that the Abstract of Proposed Collection www.regulations.gov upon completion exhibition or display of the exhibit of processing and no later than The DS–0174, Application for objects at the Arthur M. Sackler Gallery, approximately two weeks after the due Employment as a Locally Employed Smithsonian Institution, Washington, date. Staff or Family Member, is needed to DC, from on or about October 24, 2009, SUPPLEMENTARY INFORMATION: Maldives’ meet information collection until on or about January 24, 2010, and GSP eligibility was suspended in 1995 requirements for recruitments at possible additional exhibitions or because, following a review by the conducted at approximately 170 U.S. venues yet to be determined, is in the Trade Policy Staff Committee, it was embassies and consulates throughout national interest. Public Notice of these determined that Maldives had not taken Determinations is ordered to be the world. Current employment and was not taking steps to afford published in the Federal Register. application forms do not meet the internationally recognized worker rights unique requirements of Mission FOR FURTHER INFORMATION CONTACT: For to workers in Maldives. The review was recruitment (e.g., language skills and further information, including a list of initiated in 1993 in response to a hiring preferences) under the FS Act of the exhibit objects, contact Julie petition filed by the AFL–CIO. Simpson, Attorney-Adviser, Office of 1980 and 22 U.S.C. 2669. The DS–0174 Interested persons are invited to the Legal Adviser, U.S. Department of is needed to improve data gathering and submit comments regarding the State (telephone: 202–632–6467). The to clarify interpretation of candidate eligibility of the Republic of Maldives address is U.S. Department of State, responses. for designation as a GSP beneficiary L/PD, SA–5, 2200 C Street, NW., Suite developing country. Documents should Methodology 5H03, Washington, DC 20522–0505. be submitted in accordance with the Dated: September 11, 2009. below instructions to be considered in Candidates for employment use the this review. DS–0174 to apply for Mission- Maura M. Pally, advertised positions throughout the Deputy Assistant Secretary for Professional Eligibility Criteria world. Mission recruitments generate and Cultural Exchanges, Bureau of The trade benefits of the GSP program Educational and Cultural Affairs, Department approximately 40,000 applications per of State. are available to any country that the President designates as a beneficiary year. Data that HR and hiring officials [FR Doc. E9–22538 Filed 9–17–09; 8:45 am] extract from the DS–0174 determine developing country for purposes of the BILLING CODE 4710–05–P eligibility for employment, GSP program. In designating countries qualifications for the position, and as beneficiary developing countries, the selections according to Federal policies. President must consider the criteria in OFFICE OF THE UNITED STATES sections 502(b) and 502(c) of the Trade Dated: September 10, 2009. TRADE REPRESENTATIVE Act of 1974, as amended (19 U.S.C. Ruben Torres, Generalized System of Preferences 2462(b) and 2462(c)) (the ‘‘Act’’). Director, HR/EX, Department of State. (GSP): Initiation of a Review To Section 502(b)(2) provides that, in [FR Doc. E9–22539 Filed 9–17–09; 8:45 am] Consider the Designation of the determining whether to designate any BILLING CODE 4710–15–P Republic of Maldives as a Beneficiary country as a GSP beneficiary developing Developing Country Under the GSP country, the President shall not designate any country a beneficiary AGENCY: Office of the United States developing country if any of the Trade Representative. following applies:

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47984 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

1. Such country is a Communist or association, or (iii) A dispute 5. The extent to which such country country, unless— involving such citizen, corporation, is providing adequate and effective (a) The products of such country partnership, or association over protection of intellectual property receive nondiscriminatory treatment, (b) compensation for such a seizure has rights; Such country is a WTO Member (as been submitted to arbitration under the 6. The extent to which such country such term is defined in section 2(10) of provisions of the Convention for the has taken action to— the Uruguay Round Agreements Act) (19 Settlement of Investment Disputes, or in (a) Reduce trade distorting investment U.S.C. 3501(10)) and a member of the another mutually agreed upon forum, practices and policies (including export International Monetary Fund, and (c) and the President promptly furnishes a performance requirements); and (b) Such country is not dominated or copy of such determination to the Reduce or eliminate barriers to trade in controlled by international communism. Senate and House of Representatives. services; and 2. Such country is a party to an 5. Such country fails to act in good 7. Whether or not such country has arrangement of countries and faith in recognizing as binding or in taken or is taking steps to afford to participates in any action pursuant to enforcing arbitral awards in favor of workers in that country (including any such arrangement, the effect of which United States citizens or a corporation, designated zone in that country) is— partnership, or association which is 50 internationally recognized worker (a) To withhold supplies of vital percent or more beneficially owned by rights. The term ‘‘internationally commodity resources from international United States citizens, which have been recognized worker rights’’ is defined in trade or to raise the price of such made by arbitrators appointed for each section 507(4) of the Act, as amended, commodities to an unreasonable level, case or by permanent arbitral bodies to (19 U.S.C. 2467), to mean: (A) The right and (b) To cause serious disruption of which the parties involved have of association; (B) the right to organize and bargain collectively; (C) a the world economy. submitted their dispute. 3. Such country affords preferential prohibition on the use of any form of 6. Such country aids or abets, by treatment to the products of a developed forced or compulsory labor; (D) a granting sanctuary from prosecution to, country, other than the United States, minimum age for the employment of any individual or group which has which has, or is likely to have, a children and a prohibition on the worst committed an act of international significant adverse effect on United forms of child labor as defined in terrorism or the Secretary of State makes States commerce. section 507(6) of the Act; and (E) a determination with respect to such 4. Such country— acceptable conditions of work with country under section 6(j)(1)(A) of the (a) Has nationalized, expropriated, or respect to minimum wages, hours of Export Administration Act of 1979 (50 otherwise seized ownership or control work, and occupational safety and U.S.C. Appx. section 2405(j)(1)(A)) or of property, including patents, health. trademarks, or copyrights, owned by a such country has not taken steps to United States citizen or by a support the efforts of the United States Requirements for Submissions corporation, partnership, or association to combat terrorism. Submissions in response to this notice which is 50 percent or more beneficially 7. Such country has not taken or is must be submitted electronically by 5 owned by United States citizens, (b) Has not taking steps to afford internationally p.m., Tuesday, October 13, 2009, using taken steps to repudiate or nullify an recognized worker rights to workers in http://www.regulations.gov, docket existing contract or agreement with a the country (including any designated number USTR–2009–0030. Instructions United States citizen or a corporation, zone in that country). for business confidential versions are partnership, or association which is 50 8. Such country has not implemented provided below. Hand-delivered percent or more beneficially owned by its commitments to eliminate the worst submissions will not be accepted. United States citizens, the effect of forms of child labor. Submissions must be submitted in which is to nationalize, expropriate, or Section 502(c) provides that, in English to the Chairman of the GSP otherwise seize ownership or control of determining whether to designate any Subcommittee, Trade Policy Staff property, including patents, trademarks, country as a GSP beneficiary developing Committee, by the applicable deadlines or copyrights, so owned, or (c) Has country, the President shall take into set forth in this notice. imposed or enforced taxes or other account: To make a submission using http:// exactions, restrictive maintenance or 1. An expression by such country of www.regulations.gov, enter docket operational conditions, or other its desire to be so designated; number USTR–2009–0030 on the home measures with respect to property, 2. The level of economic development page and click ‘‘Search.’’ The site will including patents, trademarks, or of such country, including its per capita provide a search-results page listing all copyrights, so owned, the effect of gross national product, the living documents associated with this docket. which is to nationalize, expropriate, or standards of its inhabitants, and any Locate the reference to this notice by otherwise seize ownership or control of other economic factors which the selecting ‘‘Notices’’ under ‘‘Document such property, unless the President President deems appropriate; Type’’. In the results table below, click determines that— 3. Whether or not other major on the ‘‘Send a Comment’’ link that (i) Prompt, adequate, and effective developed countries are extending corresponds to this notice. Follow the compensation has been or is being made generalized preferential tariff treatment instructions given on the screen to to the citizen, corporation, partnership, to such country; submit the comment. The http:// or association referred to above, (ii) 4. The extent to which such country www.regulations.gov Web site offers the Good faith negotiations to provide has assured the United States that it will option of providing comments by filling prompt, adequate, and effective provide equitable and reasonable access in a ‘‘Type Comment’’ field or by compensation under the applicable to the markets and basic commodity attaching a document. While both provisions of international law are in resources of such country and the extent options are acceptable, USTR prefers progress, or the country is otherwise to which such country has assured the submissions in the form of an taking steps to discharge its obligations United States that it will refrain from attachment. under international law with respect to engaging in unreasonable export Comments must be in English, with such citizen, corporation, partnership, practices; the total submission not to exceed 30

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47985

single-spaced standard letter-size pages DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: in 12-point type, including attachments. Stagecoach is a public limited Any data attachments to the submission Surface Transportation Board corporation organized under the laws of should be included in the same file as Scotland. Coach USA is a Delaware the submission itself, and not as [STB Docket No. MC–F–21035] corporation that controls numerous separate files. motor passenger carriers. Mr. Zev Stagecoach Group PLC and Coach Marmurstein is the sole member and Business Confidential Petitions USA, Inc., et al.—Acquisition of owner of City Sights Twin, a noncarrier Control—Twin America, LLC Persons wishing to submit business formed for the purpose of owning an interest in Twin America. confidential information must submit AGENCY: Surface Transportation Board. that information by electronic mail to ACTION: Notice of Finance Application. In March 2009, City Sights Twin and [email protected]. Business IBS formed Twin America. Twin confidential submissions will not be SUMMARY: On August 19, 2009, America was formed because accepted at http://www.regulations.gov. Stagecoach Group PLC (Stagecoach), a Applicants recognized that IBS and City For any document containing business noncarrier, its noncarrier intermediate Sights LLC, the previous operator of subsidiaries (Stagecoach Transport confidential information submitted as a transportation services now provided by Holdings plc, SCUSI Ltd., Coach USA file attached to an e-mail transmission, City Sights Twin, were experiencing Administration, Inc.), Coach USA, Inc. declining revenues due to the the file name of the business (Coach USA), International Bus Services challenging economic environment. The confidential version should begin with (IBS), a motor passenger carrier (MC– companies have determined that the characters ‘‘BC.’’ The ‘‘BC’’ should 155937) controlled by Coach USA, City combining their assets under common be followed by the name of the party Sights Twin, LLC (City Sights Twin), a management would provide cost (government, company, union, noncarrier, and Mr. Zev Marmurstein savings. According to Applicants, Twin association, etc.) that is making the (collectively, Applicants), filed an America currently operates motor submission. application under 49 U.S.C. 14303 to carrier tourism transportation services If a comment contains business acquire control of Twin America, LLC in New York City as well as confidential information that the (Twin America) when it becomes a transportation to destinations outside submitter wishes to protect from public carrier.1 Applicants advised the Board the state of New York. Specifically, disclosure, the confidential submission that the New York State Attorney Twin America transports passengers must be marked ‘‘Business General’s office served subpoenas duces from hotels in New Jersey to New York Confidential’’ at the top and bottom of tecum on Gray Line New York Tours, City and ‘‘conducts occasional interstate each page. In addition, the submission Inc., Gray Line Twin, LLC, CitySights charter operations with its own vehicles must be accompanied by a non- LLC, City Sights New York LLC, City between the New York City area and confidential version that indicates, with Sights Daily LLC, and Twin America other states.’’ Additionally, Applicants inquiring into the operation of those asterisks, where confidential state that Twin America is involved in entities, the formation of Twin America, information was redacted or deleted. transportation arrangements with other and related matters. On August 26, carriers to provide interstate travel The top and bottom of each page of the 2009, the New York State Attorney between the New York City area and non-confidential version must be General filed a notice of intent to other States. marked either ‘‘Public Version’’ or participate as a party of record. A copy ‘‘Non-Confidential’’. The file name of Applicants have submitted the of this notice will be served on the New information required by 49 CFR 1182.2,2 the public version should begin with the York State Attorney General. Persons characters ‘‘P’’. The ‘‘P’’ should be and submitted a statement that the 12- wishing to oppose this application must month aggregate gross operating followed by the name of the party follow the rules at 49 CFR 1182.5 and (government, company, union, revenues of the carrier applicants 1182.8. exceed the $2 million jurisdictional association, etc.) that is making the DATES: Comments must be filed by threshold of 49 U.S.C. 14303(g). submission. November 2, 2009. Applicants may file Applicants state that the proposed Business confidential comments that a reply by November 17, 2009. transaction will not affect the adequacy are submitted without the required ADDRESSES: Send an original and 10 of transportation services available to markings or that are not accompanied copies of any comments referring to STB the public because the charter/tour bus by a properly marked non-confidential Docket No. MC–F–21035 to: Surface segment is competitive, the proposed version as set forth above may not be Transportation Board, 395 E Street, SW., transaction will not adversely impact accepted or may be treated as public Washington, DC 20423–0001. In competition, and this agency’s prior documents. addition, send one copy of comments to finding regarding low entry barriers in Applicants’ representative: David H. this segment continues to be accurate. Marideth J. Sandler, Coburn, Steptoe & Johnson LLP, 1330 Applicants also state that the proposed Executive Director for the GSP Program, Connecticut Ave., NW., Washington, DC transaction will not adversely impact Chairman, GSP Subcommittee of the Trade 20036. fixed charges because it will not have an Policy Staff Committee. FOR FURTHER INFORMATION CONTACT: Julia adverse impact on the level of debt held [FR Doc. E9–22525 Filed 9–17–09; 8:45 am] Farr (202) 245–0359 [Federal by Twin America or on the ability of BILLING CODE 3190–W9–P Information Relay (FIRS) for the hearing Twin America to repay that debt, and impaired: 1–800–877–8339]. that the employees of Twin America, other than a small number of 1 Twin America is in the process of applying with the Federal Motor Carrier Safety Administration 2 By pleading filed on September 14, 2009, (FMCSA) to be a registered motor passenger carrier. Applicants supplemented their original filing by It holds USDOT number 1924173 and has been including the FMCSA safety ratings as required by assigned docket number MC–688284 by FMCSA. 49 CFR 1182.2(8).

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47986 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

administrative employees, will not be DEPARTMENT OF TRANSPORTATION not to exceed $20,000 in lieu of the adversely affected. payments for actual reasonable moving Federal Highway Administration As discussed above, Applicants state and reestablishment related expenses. that they are currently providing various [Docket No. FHWA–2009–0096] The Uniform Act benefit levels were last transportation services in interstate revised in 1989. Since that time, displaced business moves have become commerce. Applicants, however, do not Agency Information Collection increasingly complex and costly. HEPR, provide specific information detailing Activities: Request for Comments for a New Information Collection the General Accounting Office (GAO) the authority under which these and several States have done recent interstate services operate. We note also AGENCY: Federal Highway research into the costs born by that the New York State Attorney Administration (FHWA), DOT. businesses that are required to relocate General has served subpoenas duces ACTION: Notice and request for as a result of federally funded projects tecum on Twin America and several comments. and programs. The general conclusion is other entities, inquiring into the that the Uniform Act benefit levels are operation of those entities, the SUMMARY: The FHWA invites public inadequate. For example the GAO formation of Twin America, and related comments about our intention to request recently reported on the need for an matters, and has asked to participate as the Office of Management and Budget’s update of benefit levels in Eminent a party of record in this proceeding. For (OMB) approval for a new information Domain, Information about its Uses and these reasons, we will not grant collection, which is summarized below Effect on Communities and Property tentative authority under 49 CFR under SUPPLEMENTARY INFORMATION. We Owners Is Limited (GAO–07–28). The 1182.4(b). Instead, we will institute a are required to publish this notice in the report communicates in several points, Federal Register by the Paperwork proceeding to address these matters as including discussions on pages 4 and Reduction Act of 1995. well as determine the merits of the 16, that Uniform Act benefits available application pursuant to 49 U.S.C. 14303. DATES: Please submit comments by to business are considered inadequate Comments and responses are to be November 17, 2009. by interviewees. submitted as ordered below. See 49 CFR ADDRESSES: You may submit comments The data collected utilizing the 1182.5 and 1182.6. identified by DOT Docket ID Number following interview document would 2009–0096 by any of the following identify the name, location and type of Board decisions and notices are methods: available on our Web site at business; actual costs that a business Web Site: For access to the docket to incurs which would be reimbursable if www.stb.dot.gov. read background documents or not for the statutory maximum This decision will not significantly comments received go to the Federal reestablishment expenses or the affect either the quality of the human eRulemaking Portal: Go to http:// additional in-lieu eligibility that a environment or the conservation of www.regulations.gov. Follow the online business would be eligible to receive as energy resources. instructions for submitting comments. well as the amount of the relocation Fax: 1–202–493–2251. It is ordered: assistance the business received as a Mail: Docket Management Facility, reimbursement through the relocation 1. Comments must be filed by U.S. Department of Transportation, program. Interviews with selected November 2, 2009. Applicants may file West Building Ground Floor, Room participants will be conducted over a a reply by November 17, 2009. W12–140, 1200 New Jersey Avenue, SE., one year period. Washington, DC 20590–0001. 2. This notice will be effective on date Respondents: Approximately 300 Hand Delivery or Courier: U.S. of service. participants to be interviewed in a one Department of Transportation, West year. 3. A copy of this decision will be Building Ground Floor, Room W12–140, served on: (1) The U.S. Department of 1200 New Jersey Avenue, SE., Frequency: One collection from each Transportation, Federal Motor Carrier Washington, DC 20590, between 9 a.m. participant. Safety Administration, 1200 New Jersey and 5 p.m. ET, Monday through Friday, Estimated Average Burden per Avenue, SE., Washington, DC 20590; (2) except Federal holidays. Response: Approximately 4 hours per the U.S. Department of Justice, Antitrust FOR FURTHER INFORMATION CONTACT: participant over a year. Division, 950 Pennsylvania Avenue, Marshall Wainright, 202–366–4842, or Estimated Total Annual Burden NW., Washington, DC 20530; (3) the Arnold Feldman, 202–366–2028, Office Hours: Approximately 1200 hours. U.S. Department of Transportation, of Real Estate Services, Federal Highway Public Comments Invited: You are Office of the General Counsel, 1200 New Administration, Department of asked to comment on any aspect of this Jersey Avenue, SE., Washington, DC Transportation, 1200 New Jersey information collection, including: (1) 20590; and (4) the New York State Avenue, SE., Washington, DC 20590. Whether the proposed collection is Office of the Attorney General, The Office hours are from 8 a.m. to 5 p.m., necessary for the FHWA’s performance; Capitol, Albany, NY 12224–0341. Monday through Friday, except Federal (2) the accuracy of the estimated Decided: September 15, 2009. holidays. burdens; (3) ways for the FHWA to By the Board, Chairman Elliott, Vice SUPPLEMENTARY INFORMATION: enhance the quality, usefulness, and Chairman Nottingham, and Commissioner Title: 2009 Business Relocation clarity of the collected information; and Mulvey. Assistance Retrospective Study. (4) ways that the burden could be Background: Among benefits minimized, including the use of Kulunie L. Cannon, included in relocation assistance under electronic technology, without reducing Clearance Clerk. the Uniform Act is a payment, not to the quality of the collected information. [FR Doc. E9–22488 Filed 9–17–09; 8:45 am] exceed $10,000, to assist displaced The agency will summarize and/or BILLING CODE 4915–01–P businesses in reestablishing at a new include your comments in the request location. The Uniform Act also includes for OMB’s clearance of this information a fixed payment for moving expenses collection.

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47987

Authority: The Paperwork Reduction Act SE., E81–125, Washington, DC, between year; Form PR–1392—416 hours per of 1995; 44 U.S.C. Chapter 35, as amended; 9 a.m. and 5 p.m., Monday through year, total of 5,955 hours annually. and 49 CFR 1.48. Friday, except Federal holidays. Public Comments Invited: You are Issued on: September 14, 2009. SUPPLEMENTARY INFORMATION: asked to comment on any aspect of this Judith Kane, Title: Federal-Aid Highway information collection, including: (1) Acting Chief, Management Programs and Construction Equal Employment Whether the proposed collection is Analysis Division. Opportunity. necessary for the FHWA’s performance; [FR Doc. E9–22480 Filed 9–17–09; 8:45 am] Background: Title 23, part 140(a), (2) the accuracy of the estimated BILLING CODE 4910–22–P requires the FHWA to ensure equal burdens; (3) ways for the FHWA to opportunity regarding contractors’ enhance the quality, usefulness, and employment practices on Federal-aid clarity of the collected information; and DEPARTMENT OF TRANSPORTATION highway projects. To carry out this (4) ways that the burden could be requirement, the contractors must minimized, including the use of Federal Highway Administration submit to the State Transportation electronic technology, without reducing Agencies (STAs) on all work being [Docket No. FHWA–2009–0095] the quality of the collected information. performed on Federal-aid contracts The agency will summarize and/or Agency Information Collection during the month of July, a report on its include your comments in the request Activities: Notice of Request for employment workforce data. This report for OMB’s clearance of this information Extension of Currently Approved provides the employment workforce collection. Information data on these contracts and includes the Authority: The Paperwork Reduction Act number of minorities, women, and non- of 1995; 44 U.S.C. Chapter 35, as amended; AGENCY: Federal Highway minorities in specific highway and 49 CFR 1.48. Administration (FHWA), Department of construction job categories. This Issued on September 14, 2009. Transportation (DOT). information is reported on Form PR– Judith Kane, ACTION: Notice of Request for Extension 1391, Federal-Aid Highway Acting Chief, Management Programs and of Currently Approved Information. Construction Contractors Summary of Employment Data. The statute also Analysis Division. SUMMARY: The FHWA invites public requires the STAs to submit a report to [FR Doc. E9–22479 Filed 9–17–09; 8:45 am] comments about our intention to request the FHWA summarizing the data BILLING CODE 4910–22–P the Office of Management and Budget’s entered on the PR–1391 forms. This (OMB) approval to renew an summary data is provided on Form PR– information collection, which is 1392, Federal-Aid Highway DEPARTMENT OF TRANSPORTATION summarized below under Construction Contractors Summary of Federal Transit Administration SUPPLEMENTARY INFORMATION. We are Employment Data. The STAs and required to publish this notice in the FHWA use this data to identify patterns Notice of Intent (NOI) To Prepare a Federal Register by the Paperwork and trends of employment in the Draft Environmental Impact Statement Reduction Act of 1995. highway construction industry, and to for the Anaheim Regional DATES: Please submit comments by determine the adequacy and impact of Transportation Intermodal Center November 17, 2009. the STA’s and FHWA’s contract (ARTIC) in the City of Anaheim, Orange compliance and on-the-job (OJT) ADDRESSES: You may submit comments County, CA training programs. The STAs use this identified by DOT Docket Management information to monitor the contractors- AGENCY: Federal Transit Administration System (DMS) Docket Number FHWA– employment and training of minorities (FTA), Department of Transportation 2006–0095 by any of the following and women in the traditional highway (DOT). methods: construction crafts. Additionally, the ACTION: Notice of Intent to Prepare an Web Site: For access to the docket to data is used by FHWA to provide Environmental Impact Statement. read background documents or summarization, trend analyses to comments received go to the Federal Congress, DOT, and FHWA officials as SUMMARY: The Federal Transit eRulemaking Portal: Go to http:// well as others who request information Administration (FTA), in cooperation www.regulations.gov. Follow the online relating to the Federal-aid highway with the Orange County Transportation instructions for submitting comments. construction EEO program. The Authority (OCTA) and the City of Fax: 1–202–493–2251. information is also used in making Anaheim, is issuing this notice of intent Mail: Docket Management Facility, decisions regarding resource allocation; to advise other agencies and the public U.S. Department of Transportation, program emphasis; marketing and that they will be preparing a Draft West Building Ground Floor, Room promotion activities; training; and Environmental Impact Statement/ W12–140, 1200 New Jersey Avenue, SE., compliance efforts. Environmental Impact Report (DEIS/ Washington, DC 20590–0001. Respondents: 11,077 annual EIR) for the Anaheim Regional Hand Delivery or Courier: U.S. respondents for Form PR–1391, and 52 Transportation Intermodal center Department of Transportation, West STAs annual respondents for Form PR– (ARTIC), which is proposed to provide Building Ground Floor, Room W12–140, 1392, total of 11,129. a new multimodal transportation facility 1200 New Jersey Avenue, SE., Frequency: Annually. in the vicinity of the existing Metrolink/ Washington, DC 20590, between 9 a.m. Estimated Average Burden per Amtrak Anaheim Station in Anaheim, and 5 p.m. ET, Monday through Friday, Response: FHWA estimates it takes 30 California. The EIS will be prepared in except Federal holidays. minutes for Federal-aid contractors to accordance with regulations FOR FURTHER INFORMATION CONTACT: complete and submit Form PR–1391 implementing the National Janine Ashe, 202–366–9057, Office of and 8 hours for STAs to complete and Environmental Policy Act (NEPA) as Civil Rights, Federal Highway submit Form PR–1392. well as provisions of the Safe, Administration, Department of Estimated Total Amount Burden Accountable, Flexible, Efficient Transportation, 1200 New Jersey Ave., Hours: Form PR–1391—5,539 hours per Transportation Equity Act: A Legacy for

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47988 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

Users (SAFETEA–LU, 2005). The EIR write to FTA Region IX Office, 201 jargon, and technical appendices shall will be prepared in accordance with Mission Street Suite 1650, San be included in a separate volume. guidelines implementing the California Francisco, CA 94105–1926. The Proposed Project Environmental Quality Act (CEQA). The SUPPLEMENTARY INFORMATION: purpose of this Notice of Intent is to The ARTIC Project proposes to alert interested parties regarding the Scoping provide a new multimodal transit center plan to prepare the DEIS/EIR, to provide The FTA, OCTA, and the City of in the Platinum Triangle area of the City information on the proposed transit Anaheim invite all interested of Anaheim. ARTIC would provide project and possible alternatives, to individuals, and organizations, public convenient and efficient transfers invite participation in the DEIS/EIR agencies and Native American Tribes to between Metrolink, Amtrak, local fixed- process, including comments on the provide comments on the scope of the route bus, the planned Anaheim Fixed- scope of the DEIS/EIR, and to announce DEIS/EIR, including the project’s Guideway, the planned high-speed that a public scoping meeting will be purpose and need, the alternatives trains service, future bus rapid transit, conducted. currently under consideration, the private automobiles and other forms of transportation. DATES: Written comments on the scope impacts to be evaluated and the of the DEIS/EIR including the project’s evaluation methods to be used. Purpose and Need for the Proposed purpose and need, the alternatives to be Comments should focus on: alternatives Project that may be less costly or have fewer considered, the impacts to be evaluated, The primary purpose of the ARTIC and the methodologies to be used in the environmental or community impacts while achieving similar transportation Project is to provide a multimodal evaluations should be sent to Ms. transportation center in the vicinity of Jennifer Bergener, Rail Program objectives, and the identification of any significant social, economic or the existing Metrolink/Amtrak Anaheim Manager, at the ADDRESSES below by Station, with capacity to accommodate November 25, 2009. A scoping meeting environmental issues related to alternatives. the expected population growth and the will be held on Wednesday, October 14, planned new modes of transportation. 2009 from 5 to 7 p.m. at the location NEPA ‘‘scoping’’ (40 CFR 1501.7) has specific and fairly limited objectives, The project is needed because Orange indicated under ADDRESSES below. one of which is to identify the County’s travel demand will continue to Representatives of Native American increase overtime, with the highest tribal governments and all Federal, significant issues associated with alternatives that will be examined in concentration in central and northern State, regional and local agencies that Orange County for the foreseeable may have an interest in any aspect of detail in the document, while simultaneously limiting consideration future. With a population of more than the project will be invited to be and development of issues that are not 3 million, Orange County is the second- participating or cooperating agencies, as truly significant. It is in the NEPA largest county in California and the appropriate. scoping process that potentially fifth-largest county in the nation. ADDRESSES: Written comments on this significant environmental impacts— Population is expected to continue to Notice of Intent should be sent to Ms. those that give rise to the need to grow in the coming decades with a Jennifer Bergener, Rail Program prepare an environmental impact population of 3.7 million expected by Manager, at OCTA, 600 S. Main Street, statement—should be identified; 2040. The city of Anaheim is Orange, CA 92868. Comments also may impacts that are deemed not to be California’s tenth-largest city with be submitted in writing at the public significant need not be developed nearly 350,000 residents and is in the scoping meeting. The address for the extensively in the context of the impact heart of the county. ARTIC would serve public scoping meeting is as follows: • statement, thereby keeping the this growing community, now and into OCTA, 600 S. Main Street, Orange, statement focused on impacts of the future. With the implementation and CA 92868, Room 103/104. The Scoping consequence. Transit projects may also integration of additional transit options, Meeting will be held on Wednesday, generate environmental benefits; these it is important to maximize the return October 14, 2009 from 5 to 7 p.m. The should be highlighted as well—the on the transit services already deployed project’s purpose and need and the impact statement process should draw in that area and create new description of alternatives currently attention to positive impacts, not just opportunities for transit use. The under consideration for the proposed negative impacts. existing Anaheim Station is not able to project will be presented at this Once the scope of the environmental accommodate some of these additional meeting. The meeting facilities will be study, including significant transit options, particularly the high accessible to persons with disabilities. If environmental issues to be addressed, is speed train mode. A facility is needed special translation or signing services or settled, an annotated outline of the that can provide easy connections with other special accommodations are document will be prepared and shared other bus, taxi, car, other local transit, needed, please contact Laura Scheper at with interested agencies and the public. and other train modes. (714) 560–5697 or [email protected] at The outline serves at least three worthy least 48 hours before the scoping purposes, including (1) Documenting Alternatives meeting. Paper copies of scoping the results of the scoping process; (2) Project alternatives currently under materials may be obtained from Laura contributing to the transparency of the consideration include a no build Scheper at (714) 560–5697 or process; and (3) providing a clear alternative, the proposed ARTIC [email protected]. Also, scoping roadmap for concise development of the alternative, at least one alternative that materials will be available at the environmental document would provide a transit facility similar meetings and on the OCTA Web site In the interest of producing a readable to ARTIC at the location of the existing (http://www.octa.net). and user-friendly public document, and Metrolink/Amtrak Anaheim Station, FOR FURTHER INFORMATION CONTACT: Mr. pursuant to 40 CFR 1502.10, the EIS and at least one reduced project Hymie Luden, City and Regional shall be limited to 150 pages exclusive alternative. These alternatives are Planner, of the Federal Transit of any 4(f) and/or 6(f) evaluation. The further described as follows: Administration’s San Francisco EIS should emphasize graphics and • No Build Alternative—the No Build Regional Office at (415) 744–2732 or virtual visual simulations over technical Alternative assumes that the proposed

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47989

ARTIC is not constructed, and that the constructed to replace the existing interest in the proposed project. It is expansion and addition of terminal. Existing track will be modified possible that we may not be able to transportation services planned to occur to accommodate extension of the identify all Federal and non-Federal with the completion of ARTIC Phase 1 existing platforms by approximately 200 agencies and Indian tribes that may would be accommodated at the existing feet. This alternative would also include have such an interest. Any Federal or Metrolink/Amtrak Anaheim Station. improved and expanded pedestrian • non-Federal agency or Indian tribe ARTIC Alternative—The ARTIC access, station area improvements interested in the proposed project that Alternative would include three phases. similar to the ARTIC alternative, does not receive an invitation to become Phase 1 would include realignment of improved station area roadway access, a participating agency should notify the the existing Los Angeles to San Diego and expanded parking facilities. OCTA Rail Program Manager identified (LOSSAN) rail corridor mainline tracks; Multiple options may be considered for above under ADDRESSES, at the earliest relocation of track platforms; this alternative. reconstruction of the existing rail bridge • Reduced Development opportunity, but no later than 30 days over Douglass Road; provisions for new Alternative—This alternative would following this notice. pedestrian access; station terminal and include only the transportation-related A comprehensive public involvement other station area improvements with aspects of the ARTIC project, without program has been developed. A the terminal and supporting facilities some or all of the opportunities for technical advisory committee called the relocated to the ARTIC site southeast of potential joint development and other Project Development Team, consisting the intersection of Katella Avenue and private-sector cost-sharing and/or of representatives of state, regional and Douglass Road; associated parking revenue-sharing arrangements. Multiple local agencies, is in place. The program facilities; and roadway improvements to options may be considered for this also includes a public scoping process facilitate access and egress from the site alternative. including a public review/comment and accommodate predicted traffic The EIS Process and the Role of period, a public hearing on the DEIS/ levels. Phases 2 and 3 would build upon Participating Agencies and the Public EIR, and posting of information on the the infrastructure provided in Phase 1 project Web site. We invite the public and introduce new or expanded The purpose of the EIS process is to transportation facility connections at the explore in a public setting the and participating agencies to consider ARTIC site. The later phases would also potentially significant effects of the preliminary statement of purpose include opportunities for potential joint implementing the proposed action and and need for the proposed project, the development and other private-sector alternatives on the physical, human, alternatives currently proposed for cost-sharing and/or revenue-sharing and natural environment. Areas of consideration, and potential significant arrangements. The site for this investigation will be developed during environmental impacts that may be alternative included the existing the scoping process and may include, associated with the proposed project. railroad right-of-way from but not be limited to, aesthetics, air All comments and suggestions will be approximately Katella Avenue to the quality, biological resources, cultural given serious consideration. In Santa Ana River, where track resources, geology/soils, hazards and accordance with 23 CFR 771.105(a) and improvements would be made; the hazardous materials, hydrology and 771.133, FTA will comply with all existing Anaheim Station for Amtrak water quality, land use and planning, Federal environmental laws, regulations and Metrolink, which would be noise and vibration, population and and executive orders applicable to the removed; and two parcels of land where housing, public services, recreation, proposed project during the the new multimodal station and transportation and traffic, and utilities environmental review process to the associated development would occur. and service systems. Regulations maximum extent practicable. These The first parcel, which is owned by implementing NEPA, as well as requirements include, but are not OCTA, is located east of Douglass Road provisions of the Safe, Accountable, limited to, the regulations of the Council between Katella Avenue and the Flexible, Efficient Transportation Equity on Environmental Quality Act: A Legacy for Users (SAFETEA–LU), entrance to Angels Stadium of Anaheim, implementing NEPA (40 CFR parts call for public involvement in the EIS south of the existing development on 1500–1508 and 23 CFR part 771), the the south side of Katella Avenue; west process. Section 6002 of SAFETEA–LU requires that FTA, OCTA, and the City project-level air quality conformity of the Santa Ana River, and north of the regulation of the U.S. Environmental railroad right-of-way. The second parcel of Anaheim do the following: (1) Extend Protection Agency (EPA) (40 CFR part is owned by the City of Anaheim, is a an invitation to other Federal and non- 93), section 404(b)(1) guidelines of EPA smaller, triangular-shaped parcel south Federal agencies and Indian tribes that of the railroad right-of-way, with the may have an interest in the proposed (40 CFR part 230), Executive Orders Santa Ana River to the east and State project to become ’’participating 11988, 11990 and 12898 regarding Route 57 to the west. The current uses agencies,’’ (2) provide an opportunity floodplains, wetlands, and of the site are former maintenance for involvement by participating environmental justice, respectively, facilities and storage yards. Adjacent agencies and the public in helping to Section 106 of the National Historic land uses include retail and office/light define the purpose and need for a Preservation Act (36 CFR Part 800), industrial uses, sports/entertainment proposed project, as well as the range of Section 7 of the Endangered Species Act facilities (Angel Stadium and the Honda alternatives for consideration in the (50 CFR part 402), and section 4(f) of the Center), a hotel, the Santa Ana River, impact statement, and (3) establish a Department of Transportation Act (23 and State Route 57. plan for coordinating public and agency CFR 771.135). • participation in and comment on the ARTIC On Existing Site Issued on: September 14, 2009. Alternative—This alternative would environmental review process. An provide the facilities proposed under invitation to become a participating Raymond Sukys, the ARTIC alternative at the existing agency, with the scoping information Acting Regional Administrator, FTA, Region Anaheim Station site adjacent to Angels packet appended, will be extended to 9. Stadium. A new terminal and other Federal and non-Federal agencies [FR Doc. E9–22478 Filed 9–17–09; 8:45 am] supporting facilities would be and Indian tribes that may have an BILLING CODE P

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47990 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

DEPARTMENT OF TRANSPORTATION Bridge with a new fixed-span bridge 8. Rivers and Harbors Appropriation over the Cerritos Channel, and construct Act of 1899, Sections 9 and 10. Federal Highway Administration an elevated SR–47 Expressway that 9. Executive Order 11990, Protection would begin on Terminal Island, at the of Wetlands. Notice of Statute of Limitations on intersection of SR–47 and Ocean 10. Executive Order 11988, Claims; Notice of Final Federal Agency Boulevard, extending north and onto the Floodplain Management. Actions on Proposed Highway in new fixed-span bridge, to Alameda 11. Coastal Zone Management Act. California Street, south of the intersection with 12. Executive Order 12898— Environmental Justice. AGENCY: Pacific Coast Highway. The project Federal Highway 13 Department of Transportation Act Administration (FHWA), DOT. length is 3.1 miles. The purpose of the project is to provide a structurally and of 1966, Section 4(f) [49 U.S.C. 303]. ACTION: Notice of Limitation on Claims 14. E.O. 13112 Invasive Species. for Judicial Review of Actions by the seismically safe vehicular connection California Department of Transportation along the critical north-south corridor (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning (Caltrans), pursuant to 23 U.S.C. 327, between Terminal Island and the mainland that can remain in service and Construction. The regulations and Other Federal Agencies. implementing Executive Order 12372 following a major earthquake to ensure regarding intergovernmental consultation on SUMMARY: The FHWA, on behalf of that ground and vessel transportation Federal programs and activities apply to this Caltrans, is issuing this notice to are maintained. The purpose of the program.) announce actions taken by Caltrans, and proposed project also is to provide a Authority: 23 U.S.C. 139(l)(1). Other Federal Agencies that are final high-capacity alternative route for traffic within the meaning of 23 U.S.C. between Terminal Island and I–405 that Issued on: September 1, 2009. 139(l)(1). These actions relate to a would reduce traffic congestion on local Karen Bobo, proposed highway project, the Schuyler surface streets (between Terminal Island Director, Local Program, Federal Highway Heim Bridge Replacement and SR–47 and Pacific Coast Highway), as well as Administration. Expressway in the Port of Los Angeles on I–110 and I–710; and improve safety [FR Doc. E9–22545 Filed 9–17–09; 8:45 am] and Port of Long Beach, in the County by providing a limited-access route BILLING CODE P of Los Angeles, State of California. between Terminal Island and I–405 that Those actions grant licenses, permits, would bypass at-grade railroad crossings and approvals for the project. and signalized intersections. The DEPARTMENT OF THE TREASURY DATES: By this notice, the FHWA, on actions by the Federal agencies, and the behalf of Caltrans, is advising the public laws under which such actions were Alcohol and Tobacco Tax and Trade of final agency actions subject to 23 taken, are described in the Final Bureau U.S.C. 139(l)(1). A claim seeking Environmental Impact Statement (FEIS) judicial review of the Federal agency for the project, approved on May 12, Proposed Information Collections; actions on the highway project will be 2009, in the Record of Decision (ROD) Comment Request barred unless the claim is filed on or issued on August 12, 2009, and in other AGENCY: Alcohol and Tobacco Tax and before March 17, 2010. If the Federal documents in the Caltrans project Trade Bureau, Treasury. law that authorizes judicial review of a records. The FEIS, ROD, and other ACTION: Notice and request for claim provides a time period of less project records are available by comments. than 180 days for filing such claim, then contacting Caltrans at the addresses that shorter time period still applies. provided above. The Final EIS and ROD SUMMARY: As part of our continuing FOR FURTHER INFORMATION CONTACT: Karl can be viewed and downloaded from effort to reduce paperwork and Price, Senior Environmental Planner, the project Web site at http:// respondent burden, and as required by Caltrans District 7, division of www.dot.ca.gov/dist07/resources/ the Paperwork Reduction Act of 1995, Environmental Planning, 100 S. Main envdocs, and at http://www.acta.org. we invite comments on the proposed or Street, Los Angeles, CA 90012, during This notice applies to all Federal agency continuing information collections normal business hours from 9 a.m. to 5 decisions as of the issuance date of this listed below in this notice. p.m., telephone (213) 897–1839, e-mail notice and all laws under which such DATES: We must receive your written [email protected]. actions were taken, including but not comments on or before November 17, SUPPLEMENTARY INFORMATION: Effective limited to: 2009. 1. General: National Environmental July 1, 2007, the Federal Highway ADDRESSES: You may send comments to Policy Act (NEPA) [42 U.S.C. 4321– Administration (FHWA) assigned, and Mary A. Wood, Alcohol and Tobacco 4351]. the California Department of Tax and Trade Bureau, at any of these 2. Safe, Accountable, Flexible, Transportation (Caltrans) assumed, addresses: environmental responsibilities for this Efficient Transportation Equity Act: A • P.O. Box 14412, Washington, DC project pursuant to 23 U.S.C. 327. Legacy for Users (SAFETEA–LU). 20044–4412; Notice is hereby given that the Caltrans, 3. Air: Clean Air Act [42 U.S.C. 7401– • 202–453–2686 (facsimile); or and certain other Federal agencies have 7671(q)]. • [email protected] (e-mail). taken final agency actions subject to 23 4. Migratory Bird Treaty Act [16 Please send separate comments for U.S.C. 139(l)(1) by approving the U.S.C. 703–712]. each specific information collection following highway project in the State 5. Historic and Cultural Resources: listed below. You must reference the of California: The Schuyler Heim Bridge Section 106 of the National Historic information collection’s title, form or Replacement and SR–47 Expressway in Preservation Act of 1966, as amended recordkeeping requirement number, and the Port of Los Angeles and Port of Long [16 U.S.C. 470(f) et seq.]. OMB number (if any) in your comment. Beach, in the County of Los Angeles, 6. Clean Water Act (section 401) [33 If you submit your comment via State of California. When completed, the U.S.C. 1251–1377]. facsimile, send no more than five 8.5 x project will replace the seismically and 7. Federal Endangered Species Act of 11 inch pages in order to ensure structurally deficient lift Schuyler Heim 1973 (16 U.S.C. 1531–1543). electronic access to our equipment.

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47991

FOR FURTHER INFORMATION CONTACT: To protect the revenue and prevent Estimated Number of Respondents: obtain additional information, copies of fraudulent claims. 7,010. the information collection and its Current Actions: We are submitting Estimated Total Annual Burden instructions, or copies of any comments this information collection for extension Hours: 7,010. received, contact Mary A. Wood, purposes only. The information Title: Inventory—Manufacturer of Alcohol and Tobacco Tax and Trade collection, estimated number of Tobacco Products, Processed Tobacco, Bureau, P.O. Box 14412, Washington, respondents, and estimated total annual or Cigarette Papers and Tubes. DC 20044–4412; or telephone 202–453– burden hours remain unchanged. Type of Review: Extension of a OMB Control Number: 1513–0032. 2265. TTB Form Number: 5210.9. SUPPLEMENTARY INFORMATION: currently approved collection. Affected Public: Business and other Abstract: TTB F 5210.9 is necessary to Request for Comments for profit. determine the beginning and ending Estimated Number of Respondents: inventories of tobacco products and The Department of the Treasury and processed tobacco at the premises of a its Alcohol and Tobacco Tax and Trade 21. Estimated Total Annual Burden tobacco products or processed tobacco Bureau (TTB), as part of their Hours: 94. manufacturer. The information is continuing effort to reduce paperwork Title: Report—Export Warehouse recorded on this form by the proprietor and respondent burden, invite the and is used by TTB to determine tax general public and other Federal Proprietor. OMB Control Number: 1513–0024. liability, compliance with regulations, agencies to comment on the proposed or TTB Form Number: 5220.4. and for protection of the revenue. continuing information collections Abstract: Proprietors account for Current Actions: We are submitting listed below in this notice, as required taxable articles on this report. TTB uses this information collection for extension by the Paperwork Reduction Act of 1995 this information to ensure that purposes only. The information (44 U.S.C. 3501 et seq.). proprietors have complied with Federal collection, estimated number of Comments submitted in response to laws and regulations and to protect respondents, and estimated total annual this notice will be included or against diversion. burden hours remain unchanged. summarized in our request for Office of Current Actions: We are submitting Type of Review: Extension of a Management and Budget (OMB) this information collection for extension currently approved collection. approval of the relevant information purposes only. The information Affected Public: Business or other for- collection. All comments are part of the collection, estimated number of profit. public record and subject to disclosure. respondents, and estimated total annual Estimated Number of Respondents: Please not do include any confidential burden hours remain unchanged. 193. or inappropriate material in your Type of Review: Extension of a Estimated Total Annual Burden comments. currently approved collection. Hours: 386. We invite comments on: (a) Whether Affected Public: Business or other for- Title: Report—Manufacturer of this information collection is necessary profit. Tobacco Products or Cigarette Papers for the proper performance of the Estimated Number of Respondents: and Tubes and Report—Manufacturer of agency’s functions, including whether 80. Processed Tobacco. the information has practical utility; (b) Estimated Total Annual Burden OMB Control Number: 1513–0033. the accuracy of the agency’s estimate of Hours: 1,920. TTB Form Numbers: 5210.5 and the information collection’s burden; (c) Title: Specific Transportation Bond— 5250.1. ways to enhance the quality, utility, and Distilled Spirits or Wines Withdrawn Abstract: Manufacturers account for clarity of the information collected; (d) for Transportation to Manufacturing their taxable articles on this report. TTB ways to minimize the information Bonded Warehouse—Class Six; and uses this information to ensure that collection’s burden on respondents, Continuing Transportation Bond— manufactures have properly paid taxes including through the use of automated Distilled Spirits or Wines Withdrawn due and have complied with Federal collection techniques or other forms of for Transportation to Manufacturing laws and regulations. information technology; and (e) Bonded Warehouse—Class Six. Current Actions: We are submitting estimates of capital or start-up costs and OMB Control Number: 1513–0031. this information collection for extension costs of operation, maintenance, and TTB Form Numbers: 5100.12 and purposes only. The information purchase of services to provide the 5110.67. collection, estimated number of requested information. Abstract: TTB F 5100.12 and TTB F respondents and estimated total annual 5110.67 are specific bonds that protect burden hours remain unchanged. Information Collections Open for the tax liability on distilled spirits and Comment Type of Review: Extension of a wine while in transit from one type of currently approved collection. Currently, we are seeking comments bonded facility to another. The forms Affected Public: Business or other for- on the following forms and identify the shipment, the parties profit. recordkeeping requirements: involved, the date, and the amount of Estimated Number of Respondents: Title: Drawback on Wines Exported. bond coverage. 193. OMB Control Number: 1513–0016. Current Actions: We are submitting Estimated Total Annual Burden TTB Form Number: 5120.24. this information collection as a revision. Hours: 4,632. Abstract: When proprietors export We are correcting the number of Title: Inventory—Export Warehouse wines that have been produced, respondents and burden hours; Proprietor. packaged, manufactured, or bottled in however, the information collection OMB Control Number: 1513–0035. the U.S., they may file a claim for instruments remain unchanged. TTB Form Number: 5220.3. drawback of the taxes that have already Type of Review: Revision of a Abstract: TTB F 5220.3 is used by been paid or determined on the wine. currently approved collection. export warehouse proprietors to record This form notifies TTB that the wine Affected Public: Business or other for- inventories that are required by law and was in fact exported and thus helps to profit. regulations.

VerDate Nov<24>2008 17:16 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47992 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

Current Actions: We are submitting Estimated Number of Respondents: by manufacturers of nonbeverage this information collection for extension 500. products who are using distilled spirits purposes only. The information Estimated Total Annual Burden upon which drawback will be claimed. collection, estimated number of Hours: 251. These reports are used by TTB National respondents, and estimated total annual Title: Records of Operations— Revenue Center personnel to ensure that burden hours remain unchanged. Manufacturer of Tobacco Products or the regulated individuals will conduct Type of Review: Extension of a Processed Tobacco. operations in compliance with the law currently approved collection. OMB Control Number: 1513–0068. and regulations. The applications and Affected Public: Business or other for- TTB Recordkeeping Number: 5210/1. notices serve to protect the revenue by profit. Abstract: Tobacco Products or helping TTB personnel determine if Estimated Number of Respondents: processed tobacco manufacturers must spirits on which drawback has been 80. maintain records that provide claimed have been diverted to beverage Estimated Total Annual Burden accountability over the tobacco products use. Hours: 400. or processed tobacco received and Current Actions: We are submitting Title: Alcohol Fuel Plants (AFP) produced. These records ensure that this information collection for extension Records, Reports, and Notices. each tobacco product or processed purposes only. This information OMB Control Number: 1513–0052. tobacco transaction can be traced, and collection, the estimated number of TTB Form Number: 5110.75. ensure that tax liabilities are totally respondents, and the estimated total TTB Recordkeeping Number: 5110/10. satisfied. annual burden hours remain Abstract: The data in this information Current Actions: We are submitting unchanged. collection is necessary to determine this information collection for extension Type of Review: Extension of a which persons are qualified to produce purposes only. This information currently approved collection. alcohol for fuel purposes and to identify collection, the estimated number of Affected Public: Business and other such persons. The information respondents, and the estimated total for-profit. collection accounts for distilled spirits annual burden hours remain Estimated Number of Respondents: produced, verifies the spirits’ proper unchanged. 510. disposition, keeps registrations current, Type of Review: Extension of a Estimated Total Annual Burden and helps evaluate permissible currently approved collection. Hours: 510. variations from prescribed procedures. Affected Public: Business and other Title: Records of Things of Value to Current Actions: We are submitting for-profit. Retailers, and Occasional Letter Reports this information collection for extension Estimated Number of Respondents: from Industry Members Regarding purposes only. The information 193. Information of Sponsorships, collection, estimated number of Estimated Total Annual Burden Advertisements, Promotions, etc. under respondents, and estimated total annual Hours: 386. the FAA Act. burden hours remain unchanged. Title: Tobacco Export Warehouse— OMB Control Number: 1513–0077. Type of Review: Extension of a Record of Operations. TTB Recordkeeping Number: 5190/1. currently approved collection. OMB Control Number: 1513–0070. Abstract: These records and Affected Public: Farms, Business or TTB Form Number: 5110.38. occasional letter reports are used to other for-profit. Abstract: Tobacco Export Warehouses show compliance with the provisions of Estimated Number of Respondents: are used to store untaxpaid tobacco the Federal Alcohol Administration Act, 1,452. products and processed tobacco until which prohibits wholesalers, producers, Estimated Total Annual Burden they are exported. TTB uses these or importers from giving things of value Hours: 1,598. records to maintain accountability over to retail liquor dealers, and which also Title: Importer’s Records and Reports. these commodities. These records also prohibits industry members from OMB Control Number: 1513–0064. allow TTB to verify that all commodities conducting certain types of TTB Recordkeeping Number: 5170/1. have been exported or tax liabilities are sponsorships, advertising, promotions, Abstract: This recordkeeping satisfied, thus protecting tax revenue. etc. requirement concerns the records that Current Actions: We are submitting Current Actions: We are submitting must be maintained by an importer. The this information collection for extension this information collection for extension records are used by TTB to verify that purposes only. This information purposes only. This information operations are being conducted in collection, the estimated number of collection, the estimated number of compliance with the law and to ensure respondents, and the estimated total respondents, and the estimated total that all taxes and duties have been paid annual burden hours remain annual burden hours remain on imported spirits, thus protecting the unchanged. unchanged. revenue. The record retention Type of Review: Extension of a Type of Review: Extension of a requirement for this information currently approved collection. currently approved collection. collection is 3 years. Affected Public: Business and other Affected Public: Business and other Current Actions: We are submitting for-profit. for-profit, Individuals, or households. this information collection for extension Estimated Number of Respondents: Estimated Number of Respondents: purposes only. This information 80. 12,665. collection, the estimated number of Estimated Total Annual Burden Estimated Total Annual Burden respondents, and the estimated total Hours: 1 (one). Hours: 51. annual burden hours remain Title: Applications and Notices— Title: Application for Extension of unchanged. Manufacturers of Nonbeverage Products. Time for Payment of Tax. Type of Review: Extension of a OMB Control Number: 1513–0072. OMB Control Number: 1513–0093. currently approved collection. TTB Recordkeeping Number: 5530/1. TTB Form Number: 5600.38. Affected Public: Business and other Abstract: These reports (Letterhead Abstract: TTB uses this information to for-profit. Applications and Notices) are submitted determine if a taxpayer is qualified to

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47993

extend payment of tax based on annual burden hours remain Affected Public: Business or other for- circumstances beyond the taxpayer’s unchanged. profit. control. The record retention Type of Review: Extension of a Estimated Number of Respondents: requirement for this information currently approved collection. 35. collection is 3 years. Affected Public: Business or other for- Estimated Total Annual Burden Current Actions: We are submitting profit. Hours: 6. this information collection for extension Estimated Number of Respondents: Title: Report of Removal, Transfer, or of purposes only. This information 586. Sale of Processed Tobacco. collection, estimated number of Estimated Total Annual Burden OMB Control Number: 1513–0130. respondents, and estimated total annual Hours: 1 (one). TTB Form Number: 5250.2. burden hours remain unchanged. Title: Monthly Report—Importer of Abstract: TTB believes that Type of Review: Extension of a Tobacco Products or Processed Tobacco. unregulated transfers or sales of currently approved collection. OMB Control Number: 1513–0107. processed tobacco to persons who do Affected Public: Business or other for- TTB Form Number: 5220.6. not hold TTB permits could lead to profit. Abstract: Reports of the importation processed tobacco falling into the hands Estimated Number of Respondents: and disposition of tobacco products and of persons who would be unknown and 12. processed tobacco are necessary to unaccountable to TTB, including illegal Estimated Total Annual Burden determine whether those persons issued manufacturers. In order to better Hours: 3. the permits required by 26 U.S.C. 5713 regulate processed tobacco and prevent Title: Supporting Data for should be allowed to continue their diversion, TTB requires the filing of a Nonbeverage Drawback Claims. operations or renew their permits. This report covering all such transfers or OMB Control Number: 1513–0098. report is also used to determine if sales. This report is used to protect the TTB Form Number: 5154.2. tobacco products or processed tobacco revenue. Abstract: The form substantiates are being diverted for illegal purposes Current Actions: We are submitting nonbeverage drawback claims by and to ensure that holders of basic this information collection for extension documenting the use of taxpaid distilled permits are engaging in the operations purposes only. This information spirits in the manufacture of stated on their basic permit. collection, the estimated number of nonbeverage products. The form is used Current Actions: We are submitting respondents, and the estimated total in TTB’s National Revenue Center to this information collection for extension annual burden hours remain verify that all distilled spirits can be purposes only. This information unchanged. accounted for and that drawback is paid collection, the estimated number of Type of Review: Extension of a only in the amount and for the purposes respondents, and the estimated total currently approved collection. authorized by law. annual burden hours remain Affected Public: Business or other for- Current Actions: We are submitting unchanged. profit. Estimated Number of Respondents: this information collection for extension Type of Review: Extension of a 779. purposes only. This information currently approved collection. Estimated Total Annual Burden Affected Public: Business and other collection, the estimated number of Hours: 2,337. respondents, and the estimated total for-profit. annual burden hours remain Estimated Number of Respondents: Dated: September 11, 2009. unchanged. 586. Francis W. Foote, Type of Review: Extension of a Estimated Total Annual Burden Director, Regulations and Rulings Division. currently approved collection. Hours: 14,064. [FR Doc. E9–22456 Filed 9–17–09; 8:45 am] Affected Public: Business or other for- Title: Application, Permit, and BILLING CODE 4810–31–P profit. Report—Wine and Beer (Puerto Rico); Estimated Number of Respondents: and Application, Permit, and Report— 590. Distilled Spirits Products (Puerto Rico). DEPARTMENT OF THE TREASURY Estimated Total Annual Burden OMB Control Number: 1513–0123. Hours: 3,422. TTB Forms: 5100.21 and 5110.51. Office of Foreign Assets Control Title: Record of Operations—Importer Abstract: TTB F 5100.21 is a permit to Unblocking of Specially Designated of Tobacco Products or Processed compute the tax on, tax pay, and Nationals and Blocked Persons Tobacco. withdraw shipments of wine or beer Pursuant to Executive Order 12978 OMB Control Number: 1513–0106. from Puerto Rico to the United States, TTB Recordkeeping Number: None. as substantively required by 27 CFR AGENCY: Office of Foreign Assets Abstract: Importers of tobacco 26.93. TTB F 5110.51 is a permit to Control, Treasury. products or processed tobacco are compute the tax on, tax pay, and ACTION: Notice. required to maintain records of physical withdraw shipments of distilled spirits receipts and disposition of tobacco products from Puerto Rico to the United SUMMARY: The Treasury Department’s products or processed tobacco in order States, as substantively required by 27 Office of Foreign Assets Control to prepare TTB Form 5220.6 (a monthly CFR 26.78. (‘‘OFAC’’) is publishing the names of report). Importers of tobacco products Current Actions: We are submitting seven individuals and one entity whose and processed tobacco will consist of this information collection for extension property and interests in property have both large and small businesses that purposes only. This information been unblocked pursuant to Executive operate for profit. collection, the estimated number of Order 12978 of October 21, 1995, Current Actions: We are submitting respondents, and the estimated total Blocking Assets and Prohibiting this information collection for extension annual burden hours remain Transactions With Significant Narcotics purposes only. This information unchanged. Traffickers. collection, the estimated number of Type of Review: Extension of a DATES: The unblocking and removal respondents, and the estimated total currently approved collection. from the list of Specially Designated

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES 47994 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices

Nationals and Blocked Persons (‘‘SDN consultation with the Attorney General Cedula No. 16723852 (Colombia); Passport List’’) of the seven individuals and one and the Secretary of State, to be owned 16723852 (Colombia) (individual) [SDNT] entity identified in this notice whose or controlled by, or to act for or on FARMATODO S.A., Diagonal 17 No. 28A–39, property and interests in property were behalf of, persons designated pursuant Bogota, Colombia; Diagonal 17 No. 28A– 80, Bogota, Colombia [SDNT] blocked pursuant to Executive Order to the Order. 12978 of October 21, 1995, is effective On September 11, 2009, OFAC Dated: September 11, 2009. on September 11, 2009. removed from the SDN List the seven Adam J. Szubin, FOR FURTHER INFORMATION CONTACT: individuals and one entity listed below, Director, Office of Foreign Assets Control. Assistant Director, Compliance whose property and interests in [FR Doc. E9–22455 Filed 9–17–09; 8:45 am] Outreach & Implementation, Office of property were blocked pursuant to the BILLING CODE 4811–45–P Foreign Assets Control, Department of Order: the Treasury, Washington, DC 20220, LEON, Hector, c/o MANUFACTURAS REAL tel.: 202–622–2490. S.A., Bogota, Colombia; DOB 29 Jan 1954; SUPPLEMENTARY INFORMATION: POB Viota, Cundinamarca, Colombia; DEPARTMENT OF VETERANS Cedula No. 19251100 (Colombia); Passport AFFAIRS Electronic and Facsimile Availability P026720 (Colombia) (individual) [SDNT] This document and additional GIL GUIO, Alexandra, c/o DURATEX S.A., National Research Advisory Council; information concerning OFAC are Bogota, Colombia; c/o PROMOCIONES E Notice of Meeting INVERSIONES LAS PALMAS S.A., Bogota, available from OFAC’s Web site Colombia; c/o CONSTRUCTORA IRAKA (http://www.treas.gov/ofac) via The Department of Veterans Affairs S.A., Bogota, Colombia; c/o C.I. OTILIA (VA) gives notice under Public Law 92– facsimile through a 24-hour fax-on FLOWERS S.A., Cajica, Cundinamarca, demand service, tel.: (202) 622–0077. Colombia; c/o CONSTRUCTORA 463 (Federal Advisory Committee Act) AMERICA S.A., Bogota, Colombia; DOB 11 that the National Research Advisory Background Oct 1973; POB Colombia; Cedula No. Council will hold a meeting on Monday, On October 21, 1995, the President, 52145376 (Colombia) (individual) [SDNT] October 26, 2009, in room GL–20 at the invoking the authority, inter alia, of the LOZANO OSPINA, Max Abilio, c/o Greenhoot Cohen Building, 1722 Eye International Emergency Economic DURATEX S.A., Bogota, Colombia; c/o Street, NW., Washington, DC. The Powers Act (50 U.S.C. 1701–1706) PROMOCIONES E INVERSIONES LAS meeting will convene at 8:30 a.m. and PALMAS S.A., Bogota, Colombia; c/o C.I. end at 3 p.m. The meeting is open to the (‘‘IEEPA’’), issued Executive Order OTILIA FLOWERS S.A., Cajica, 12978 (60 FR 54579, October 24, 1995) Cundinamarca, Colombia; c/o public. (the ‘‘Order’’). In the Order, the CONSTRUCTORA AMERICA S.A., Bogota, The purpose of the Council is to President declared a national emergency Colombia; DOB 23 May 1971; POB provide external advice and review for to deal with the threat posed by Colombia; Cedula No. 79248772 VA’s research mission. The agenda will significant foreign narcotics traffickers (Colombia) (individual) [SDNT] include a review of the VA research centered in Colombia and the harm that SERNA GOMEZ, Adriana Maria, c/o portfolio and a summary of current they cause in the United States and DROBLAM S.A., Cali, Colombia; DOB 22 budget allocations. The Council will Jan 1971; Cedula No. 34600630 (Colombia); also provide feedback on the direction/ abroad. Passport 34600630 (Colombia) (individual) Section 1 of the Order blocks, with [SDNT] focus of VA’s research initiatives. certain exceptions, all property and LOPRETTO DURAN, Jorge Enrique, Carrera 4 Any member of the public wishing to interests in property that are in the No. 12–20 of. 206, Cartago, Valle, attend the meeting or wishing further United States, or that hereafter come Colombia; c/o INMOBILIARIA EL information should contact Jay A within the United States or that are or ESCORIAL LTDA., Cartago, Valle, Freedman, PhD, Designated Federal hereafter come within the possession or Colombia; c/o INMOBILIARIA LINARES Officer, at (202) 461–1699. Oral control of United States persons, of: (1) LTDA., Cartago, Valle, Colombia; c/o comments from the public will not be The persons listed in an Annex to the INMOBILIARIA PASADENA LTDA., accepted at the meeting. Written Order; (2) any foreign person Cartago, Valle, Colombia; c/o VISCAYA LTDA., Cartago, Valle, Colombia; DOB 8 statements or comments should be determined by the Secretary of Aug 1962; Cedula No. 16215409 transmitted electronically to Treasury, in consultation with the (Colombia); Passport 16215409 (Colombia) [email protected] or mailed to Dr. Attorney General and Secretary of State: (individual) [SDNT] Freedman at Department of Veterans (a) To play a significant role in ANDRADE MENDEZ, Gerardo, c/o Affairs, Office of Research and international narcotics trafficking ADMINISTRADORA DE SERVICIOS Development (12), 810 Vermont centered in Colombia; or (b) to VARIOS CALIMA S.A., Cali, Colombia; Avenue, NW., Washington, DC 20420. materially assist in, or provide financial c/o CHAMARTIN S.A., Cali, Colombia; Dated: September 14, 2009. or technological support for or goods or DOB 17 Jul 1962; Cedula No. 12189130 services in support of, the narcotics (Colombia); Passport 12189130 (Colombia) By Direction of the Secretary. (individual) [SDNT] Vivian Drake, trafficking activities of persons QUINONEZ TORRES, Sergio Plinio, c/o Acting Committee Management Officer. designated in or pursuant to the Order; ADMINISTRADORA DE SERVICIOS and (3) persons determined by the VARIOS CALIMA S.A., Cali, Colombia; [FR Doc. E9–22562 Filed 9–17–09; 8:45 am] Secretary of the Treasury, in c/o CHAMARTIN S.A., Cali, Colombia; BILLING CODE P

VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1 erowe on DSK5CLS3C1PROD with NOTICES Friday, September 18, 2009

Part II

The President Proclamation 8417—National Hispanic Heritage Month, 2009

VerDate Nov<24>2008 13:49 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\18SED0.SGM 18SED0 erowe on DSK5CLS3C1PROD with MISCELLANEOUS VerDate Nov<24>2008 13:49 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\18SED0.SGM 18SED0 erowe on DSK5CLS3C1PROD with MISCELLANEOUS 47997

Federal Register Presidential Documents Vol. 74, No. 180

Friday, September 18, 2009

Title 3— Proclamation 8417 of September 15, 2009

The President National Hispanic Heritage Month, 2009

By the President of the United States of America

A Proclamation The story of Hispanics in America is the story of America itself. The Hispanic community’s values—love of family, a deep and abiding faith, and a strong work ethic—are America’s values. Hispanics bring together the rich traditions of communities with centuries-old roots in America and the energy and drive of recent immigrants. Many have taken great risks to begin a new life in the hopes of achieving a better future for themselves and their families. Hispanics have played a vital role in the moments and movements that have shaped our country. They have enriched our culture and brought creativity and innovation to everything from sports to the sciences and from the arts to our economy. Hispanics have served with honor and distinction in every conflict since the Revolutionary War, and they have made invaluable contributions through their service to our country. They lead corporations and not-for-profits, and social movements and places of learning. They serve in government at every level from school boards to statehouses, and from city councils to Congress. And for the first time in our Nation’s history, a Latina is seated among the nine Justices of the Supreme Court of the United States. As Hispanics continue to enrich our Nation’s character and shape our com- mon future, they strengthen America’s promise and affirm the narrative of American unity and progress. To honor the achievements of Hispanics in America, the Congress, by Public Law 100–402, as amended, has authorized and requested the President to issue annually a proclamation designating September 15 through October 15 as ‘‘National Hispanic Heritage Month.’’ NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim September 15 through October 15, 2009, as National Hispanic Heritage Month. I call upon public officials, educators, librarians, and all the people of the United States to observe this month with appropriate ceremonies, activities, and programs.

VerDate Nov<24>2008 13:49 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\18SED0.SGM 18SED0 erowe on DSK5CLS3C1PROD with MISCELLANEOUS 47998 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Presidential Documents

IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of September, in the year of our Lord two thousand nine, and of the Independ- ence of the United States of America the two hundred and thirty-fourth.

[FR Doc. E9–22744 Filed 9–17–09; 11:15 am] Billing code 3195–W9–P

VerDate Nov<24>2008 13:49 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\18SED0.SGM 18SED0 erowe on DSK5CLS3C1PROD with MISCELLANEOUS OB#1.EPS i

Reader Aids Federal Register Vol. 74, No. 180 Friday, September 18, 2009

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 8 CFR Executive orders and proclamations 741–6000 3 CFR Proposed Rules: The United States Government Manual 741–6000 Proclamations: 103...... 46938 Other Services 8404...... 45527 214...... 46938 Electronic and on-line services (voice) 741–6020 8405...... 45529 274a...... 46938 8406...... 45535 Privacy Act Compilation 741–6064 9 CFR Public Laws Update Service (numbers, dates, etc.) 741–6043 8407...... 45727 TTY for the deaf-and-hard-of-hearing 741–6086 8408...... 45729 Proposed Rules: 8409...... 45977 317...... 46951 8410...... 46301 321...... 47648 ELECTRONIC RESEARCH 8411...... 46661 332...... 47648 World Wide Web 8412...... 46663 381...... 46951, 47648 Full text of the daily Federal Register, CFR and other publications 8413...... 47045 is located at: http://www.gpoaccess.gov/nara/index.html 8414...... 47861 10 CFR Federal Register information and research tools, including Public 8415...... 47867 55...... 45544 Inspection List, indexes, and links to GPO Access are located at: 8416...... 47869 76...... 45544 http://www.archives.gov/federallregister 8417...... 47997 431...... 45979 E-mail Administrative Orders: Proposed Rules: Presidential 40...... 46512 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Determinations: 72...... 47126 an open e-mail service that provides subscribers with a digital No. 2009–27 of 609...... 46513 form of the Federal Register Table of Contents. The digital form September 11, of the Federal Register Table of Contents includes HTML and 2009 ...... 47431 12 CFR PDF links to the full text of each document. No. 2009–28 of 329...... 47050 To join or leave, go to http://listserv.access.gpo.gov and select September 11, 330...... 47711 Online mailing list archives, FEDREGTOC-L, Join or leave the list 2009 ...... 47433 347...... 47711 (or change settings); then follow the instructions. Memorandums: 370...... 45093 PENS (Public Law Electronic Notification Service) is an e-mail Memorandum of Proposed Rules: service that notifies subscribers of recently enacted laws. August 31, 2009...... 45533 3...... 47138 Notices: To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 208...... 47138 Notice of September and select Join or leave the list (or change settings); then follow 225...... 47138 10, 2009 ...... 46883 the instructions. 325...... 47138 370...... 47489 FEDREGTOC-L and PENS are mailing lists only. We cannot 567...... 47138 respond to specific inquiries. 5 CFR Reference questions. Send questions and comments about the Proposed Rules: 13 CFR Federal Register system to: [email protected] 630...... 46934 875...... 46937 120...... 45752 The Federal Register staff cannot interpret specific documents or 121...... 45752, 46312 regulations. 124...... 45752, 46885 Reminders. Effective January 1, 2009, the Reminders, including 7 CFR 125...... 46885 Rules Going Into Effect and Comments Due Next Week, no longer 210...... 45305 126...... 45752, 46885 appear in the Reader Aids section of the Federal Register. This 220...... 45305 134...... 45752 information can be found online at http://www.regulations.gov. 248...... 46665 14 CFR CFR Checklist. Effective January 1, 2009, the CFR Checklist no 319...... 46489 longer appears in the Federal Register. This information can be 402...... 45537 1...... 45307 found online at http://bookstore.gpo.gov/. 407...... 45537 23...... 45100 457...... 45537 25...... 45546 FEDERAL REGISTER PAGES AND DATE, SEPTEMBER 760...... 46665 33...... 45307 905...... 46303, 47047 39 ...... 45311, 45550, 45754, 45093–45304...... 1 920...... 46306 45979, 46313, 46317, 46319, 45305–45534...... 2 944...... 47047 46322, 46324, 46327, 46329, 45535–45730...... 3 945...... 45731 46331, 46334, 46336, 46339, 45731–45976...... 4 959...... 47048 46342, 46888 45977–46300...... 8 980...... 45734 71 ...... 45553, 45554, 45981, 46301–46488...... 9 993...... 46310 45982, 45983, 45984, 46489, 46489–46662...... 10 3430...... 45736 46890, 46892, 46893, 46894, 46663–46884...... 11 Proposed Rules: 46896, 46897, 46898 46885–47046...... 14 457...... 46023 73...... 47718 47047–47430...... 15 970...... 45565 97...... 46899, 46901 47431–47710...... 16 983...... 45772 101...... 47435 47711–47870...... 17 987...... 47124 Proposed Rules: 47871–47998...... 18 1485...... 46027 23...... 45133

VerDate Nov 24 2008 17:36 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\18SECU.LOC 18SECU mstockstill on DSKH9S0YB1PROD with FEDREGCU ii Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Reader Aids

25...... 45777, 47494 46346, 47436, 47728 111...... 45325, 45763 32...... 47107 39 ...... 45135, 45139, 45381, 54...... 45994 3020...... 45327, 46016 64...... 47894 45781, 45783, 45787, 46395, 301...... 46347, 46903 Proposed Rules: 73 ...... 45126, 45770, 46020, 47148, 47759, 47760, 47897, 602...... 45757, 47436 3060...... 46044 47483, 47896 47900 Proposed Rules: 74...... 45126, 46382 71 ...... 45142, 45574, 45575, 1 ...... 45789, 47152, 47500 40 CFR 79...... 46703 46513, 47495 17...... 47500 9...... 47877 Proposed Rules: 73...... 47150 26...... 46705 35...... 46019 73 ...... 45797, 45798, 47775 93...... 47495 301...... 46705, 46957 52 ...... 45561, 45766, 46910, 382...... 47902 47404, 47414, 47888 28 CFR 63...... 46493 48 CFR 15 CFR 0...... 47096 81...... 47404, 47414 352...... 47108 736...... 45985 180 ...... 45330, 46369, 46377, 501...... 47737 740...... 45985 29 CFR 46683, 46689, 47440, 47445, 514...... 47737 744...... 45990 1910...... 46350 47451, 47891 552...... 47737 746...... 45985 1915...... 46350 239...... 45769 1545...... 47108 902...... 45756 1917...... 46350 258...... 45769 1552...... 47108 909...... 45555 1918...... 46350 300...... 45335 Proposed Rules: Proposed Rules: 1956...... 45107 721...... 47877 8...... 45394 806...... 45383 4022...... 47097 Proposed Rules: 9...... 45579 4044...... 47097 52 ...... 45387, 45578, 45795, 12...... 45394, 45579 16 CFR Proposed Rules: 46044, 46965, 47154, 47910 15...... 45394 1119...... 45101 501...... 45906 60...... 46401 42...... 45394 81...... 45387 49...... 45394 Proposed Rules: 1910...... 46958 82...... 47774 1119...... 45133 1926...... 46958 52...... 45579 180...... 47507 1215...... 45719 2560...... 45791 239...... 45796 1216...... 45704 49 CFR 30 CFR 258...... 45796 1500...... 45714, 45723 222...... 46384 203...... 46904 721...... 46707 234...... 45336 17 CFR 210...... 46904 42 CFR 393...... 47112 250...... 46904 230...... 47719 405...... 47458 501...... 46021 251...... 46904 240...... 47719 573...... 47740 253...... 46904 Proposed Rules: 260...... 47719 579...... 47740 254...... 46904 457...... 47517 1515...... 47672 18 CFR 256...... 46904 44 CFR 1520...... 47672 280...... 46904 301...... 47052 59...... 47471 1522...... 47672 291...... 46904 Proposed Rules: 61...... 47471 1540...... 47672 944...... 45116 284...... 45576 64...... 45122, 46699 1544...... 47672 31 CFR 78...... 47471 1546...... 47672 20 CFR 79...... 47471 1548...... 47672 356...... 47099 655...... 45560 80...... 47471 1549...... 47672 515...... 46000 201...... 47471 Proposed Rules: Proposed Rules: 538...... 46361 655...... 45906 206...... 47471 367...... 45583, 47911 33 CFR Proposed Rules: 571...... 45143 21 CFR 67 ...... 46047, 46056, 46068, 633...... 46515 100...... 46364 46074, 47160, 47164, 47169 510...... 47725 110...... 46007 522...... 47725 117...... 46010, 46910 45 CFR 50 CFR 524...... 47435 138...... 46367 2510...... 46495 13...... 46836 Proposed Rules: 151...... 45555 17 ...... 46914, 47112, 47483 1301...... 46396 2516...... 46495 165 ...... 45120, 45318, 45323, 2519...... 46495 20...... 45343 46011, 46014, 46367, 46491, 22 CFR 2520...... 46495 22...... 4683 47729, 47871, 47873, 47875 2522...... 46495 32...... 45674, 47117 22...... 47726 Proposed Rules: 2540...... 46495 222...... 46930 51...... 47726 110...... 47906 2550...... 46495 223...... 46930 Proposed Rules: 151...... 46910 2551...... 46495 226...... 45353 62...... 45385 165...... 46040 2552...... 46495 622...... 46509, 46510 2553...... 46495 648 ...... 45131, 47117, 47118 23 CFR 34 CFR 665...... 45756, 47119 Proposed Rules: Proposed Rules: 46 CFR 679 ...... 45131, 45378, 45379, 772...... 47762 Ch. VI...... 46399 12...... 47729 45564, 46021 15...... 47729 Proposed Rules: 24 CFR 36 CFR Proposed Rules: 17 ...... 45396, 46401, 46521, 206...... 45311 1253...... 47439 162...... 46964 46542, 46548, 46551, 46965, 47536 26 CFR 39 CFR 47 CFR 648...... 45597, 45798 1 ...... 45757, 45993, 46345, 20...... 45760 25...... 47100 660...... 46714, 47545

VerDate Nov 24 2008 17:36 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\18SECU.LOC 18SECU mstockstill on DSKH9S0YB1PROD with FEDREGCU Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Reader Aids iii

H.R. 987/P.L. 111–51 located at 123 11th Avenue professionalism of the To designate the facility of the South in Nampa, Idaho, as Noncommissioned Officers of LIST OF PUBLIC LAWS United States Postal Service the ‘‘Herbert A Littleton Postal the United States Army. (Aug. located at 601 8th Street in Station’’. (Aug. 19, 2009; 123 19, 2009; 123 Stat. 1996) Freedom, Pennsylvania, as Stat. 1991) This is a continuing list of S.J. Res. 19/P.L. 111–62 public bills from the current the ‘‘John Scott Challis, Jr. H.R. 2325/P.L. 111–57 session of Congress which Post Office’’. (Aug. 19, 2009; To designate the facility of the Granting the consent and have become Federal laws. It 123 Stat. 1980) United States Postal Service approval of Congress to may be used in conjunction H.R. 1271/P.L. 111–52 located at 1300 Matamoros amendments made by the with ‘‘P L U S’’ (Public Laws To designate the facility of the Street in Laredo, Texas, as State of Maryland, the Update Service) on 202–741– United States Postal Service the ‘‘Laredo Veterans Post Commonwealth of Virginia, 6043. This list is also located at 2351 West Atlantic Office’’. (Aug. 19, 2009; 123 and the District of Columbia to available online at http:// Boulevard in Pompano Beach, Stat. 1992) the Washington Metropolitan www.archives.gov/federal- Florida, as the ‘‘Elijah Pat H.R. 2422/P.L. 111–58 Area Transit Regulation register/laws.html. Larkins Post Office Building’’. To designate the facility of the Compact. (Aug. 19, 2009; 123 (Aug. 19, 2009; 123 Stat. United States Postal Service Stat. 1998) The text of laws is not 1981) located at 2300 Scenic Drive published in the Federal H.R. 1275/P.L. 111–53 in Georgetown, Texas, as the Last List August 14, 2009 Register but may be ordered Utah Recreational Land ‘‘Kile G. West Post Office in ‘‘slip law’’ (individual Exchange Act of 2009 (Aug. Building’’. (Aug. 19, 2009; 123 pamphlet) form from the 19, 2009; 123 Stat. 1982) Stat. 1993) Superintendent of Documents, H.R. 1397/P.L. 111–54 H.R. 2470/P.L. 111–59 Public Laws Electronic U.S. Government Printing To designate the facility of the To designate the facility of the Notification Service Office, Washington, DC 20402 United States Postal Service United States Postal Service (PENS) (phone, 202–512–1808). The located at 41 Purdy Avenue in located at 19190 Cochran text will also be made Rye, New York, as the Boulevard FRNT in Port available on the Internet from ‘‘Caroline O’Day Post Office Charlotte, Florida, as the PENS is a free electronic mail GPO Access at http:// Building’’. (Aug. 19, 2009; 123 ‘‘Lieutenant Commander Roy notification service of newly www.gpoaccess.gov/plaws/ Stat. 1989) H. Boehm Post Office enacted public laws. To index.html. Some laws may H.R. 2090/P.L. 111–55 Building’’. (Aug. 19, 2009; 123 subscribe, go to http:// not yet be available. To designate the facility of the Stat. 1994) listserv.gsa.gov/archives/ United States Postal Service H.R. 2938/P.L. 111–60 publaws-l.html H.R. 774/P.L. 111–50 located at 431 State Street in To extend the deadline for To designate the facility of the Ogdensburg, New York, as commencement of construction Note: This service is strictly United States Postal Service the ‘‘Frederic Remington Post of a hydroelectric project. for E-mail notification of new located at 46-02 21st Street in Office Building’’. (Aug. 19, (Aug. 19, 2009; 123 Stat. laws. The text of laws is not Long Island City, New York, 2009; 123 Stat. 1990) 1995) available through this service. as the ‘‘Geraldine Ferraro H.R. 2162/P.L. 111–56 H.J. Res. 44/P.L. 111–61 PENS cannot respond to Post Office Building’’. (Aug. To designate the facility of the Recognizing the service, specific inquiries sent to this 19, 2009; 123 Stat. 1979) United States Postal Service sacrifice, honor, and address.

VerDate Nov 24 2008 17:36 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\18SECU.LOC 18SECU mstockstill on DSKH9S0YB1PROD with FEDREGCU