10–25–10 Monday Vol. 75 No. 205 Oct. 25, 2010

Pages 65423–65560

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Contents Federal Register Vol. 75, No. 205

Monday, October 25, 2010

Agriculture Department Electronic Subcontracting Reporting System, 65439– See Animal and Plant Health Inspection Service 65441 See Farm Service Agency See Food and Nutrition Service Defense Department See Forest Service See Army Department NOTICES See Defense Acquisition Regulations System Agency Information Collection Activities; Proposals, See Navy Department Submissions, and Approvals, 65446 NOTICES Privacy Act; Systems of Records, 65456–65458 Alcohol, Tobacco, Firearms, and Explosives Bureau Renewal of Department of Defense Federal Advisory NOTICES Committees: Agency Information Collection Activities; Proposals, Board of Visitors of the U.S. Air Force Academy, 65458– Submissions, and Approvals, 65510 65460 Department of Defense Military Family Readiness Animal and Plant Health Inspection Service Council, 65462–65463 RULES United States Military Academy Board of Visitors, Change in Disease Status of Japan Because of Foot-and- 65460–65461 Mouth Disease, 65431–65432 United States Naval Academy Board of Visitors, 65461– 65462 Antitrust Division NOTICES Education Department National Cooperative Research and Production Act of 1993: NOTICES National Shipbuilding Research Program, 65511 Agency Information Collection Activities; Proposals, Network Centric Operations Industry Consortium, INC, Submissions, and Approvals, 65464–65465 65511 PXI Systems Alliance, INC, 65511 Employment and Training Administration NOTICES Army Department Affirmative Determinations Regarding Applications for NOTICES Reconsideration: Records of Decisions: American Spring Wire Corp., Kankakee, IL, 65516 Implementation of the Base Closure and Realignment ASC Machine Tools Inc., Spokane Valley, WA, 65516– 2005 Actions at Fort Monroe, VA, 65463–65464 65517 Automotive Components Holdings LLC, Saline, MI, Centers for Disease Control and Prevention 65514 NOTICES Columbia Forest Products Inc., Presque Isle, ME, 65514– Agency Information Collection Activities; Proposals, 65515 Submissions, and Approvals, 65487–65490 General Motors Corp., Pontiac Co., Pontiac MI, 65513 Jen–Wen Millwork Distribution, Wilkesboro, NC, 65513 Children and Families Administration NRC Corp., et al., West Columbia, SC, 65515 NOTICES Raleigh Film and Television Studios, LLC, Los Angeles, Award of Three Single-Source Expansion Supplements: CA, 65512–65513 University of Colorado Health Sciences Center; et al., Shieldalloy Metallurginal Corp., Newfield, NJ, 65515– 65494–65495 65516 Commerce Department Supermedia LLC, et al., Middleton, MA, 65515 Sypris Technologies, Kenton, OH, 65514 See Foreign-Trade Zones Board Western Digital Technologies Inc., Lake Forest, VA, See International Trade Administration 65517 See National Oceanic and Atmospheric Administration Determinations Regarding Eligibility to Apply for Worker Comptroller of the Currency Adjustment Assistance, 65518–65521 NOTICES Investigations Regarding Certifications of Eligibility to Agency Information Collection Activities; Proposals, Apply for Worker Adjustment Assistance, 65523 Submissions, and Approvals, 65555–65556 Negative Determinations on Reconsideration: Dawson Metal Co., Inc., Jamestown, NY, 65523–65524 Corporation for National and Community Service Negative Determination Regarding Applications for NOTICES Reconsideration: Agency Information Collection Activities; Proposals, Anthem Blue Cross Blue Shield Claim Management Submissions, and Approvals, 65456 Services, Inc. Operations, etc., Green Bay, WI, 65525 United Auto Workers Local 1999, Oklahoma City, OK, Defense Acquisition Regulations System 65524–65525 RULES Revised Determination on Reconsideration: Defense Federal Acquisition Regulation Supplements: AGY Holding Corp., Huntingdon, PA, 65526 Defense Cargo Riding Gang Members, 65437–65439 TRG Insurance Solutions; Beckley, WV, 65525–65526

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Xilinx, Inc. et al., Albuquerque, NM, 65526 Federal Energy Regulatory Commission NOTICES Energy Department Baseline Filings: See Federal Energy Regulatory Commission Enterprise Alabama Intrastate, LLC; Enterprise Intrastate NOTICES LP, 65467 Meetings: Combined Filings, 65467–65474 Blue Ribbon Commission on America’s Nuclear Future, Compliance Filings, 65474–65475 Disposal Subcommittee, 65465–65466 Environmental Assessments; Availability, etc.: Environmental Management Site-Specific Advisory Line N Projects, National Fuel Gas Supply Corp., 65477– Board, Oak Ridge Reservation, 65466–65467 65478 Environmental Management Site-Specific Advisory Tallulah Gas Storage Project, Tallulah Gas Storage, LLC, Board, Savannah River Site, 65466 65475–65477 Federal Maritime Commission Environmental Protection Agency NOTICES RULES Meetings; Sunshine Act, 65485 Final Authorizations of State Hazardous Waste Management Program Revisions: Federal Motor Carrier Safety Administration New Mexico, 65432–65437 NOTICES PROPOSED RULES Meetings; Sunshine Act, 65551 Final Authorizations of State Hazardous Waste Management Program Revisions: Federal Reserve System New Mexico, 65442 NOTICES NOTICES Changes in Bank Control: Agency Information Collection Activities; Proposals, Acquisitions of Shares of a Bank or Bank Holding Submissions, and Approvals: Company, 65484 National Listing of Fish Advisories, 65478–65479 Federal Open Market Committee Domestic Policy Directive Meetings: of September 21, 2010, 65484 Chartered Science Advisory Board, 65481–65482 Formations of, Acquisitions by, and Mergers of Bank Clean Air Scientific Advisory Committee NOx and SOx Holding Companies, 65485 Secondary National Ambient Air Quality Standards Review Panel, 65480–65481 Fish and Wildlife Service National Environmental Justice Advisory Council, 65479– NOTICES 65480 Permit Applications: Petitions for Exemption from Hazardous Waste Disposal Endangered Species, 65505–65506 Injection Restrictions; Approvals: Permits: ArcelorMittal Burns Harbor LLC, Burns Harbor, IN, Endangered Species; Marine Mammals, 65506–65507 65482–65483 U.S. – Russia Polar Bear Commission: Proposed Reissuance of General NPDES Permits: Adoption of Annual Taking Limit for the Alaska– Alaskan Medium-size Suction Dredging (Permit Number Chukotka Polar Bear Population, 65507–65508 AKG–37–1000), 65483–65484 Food and Drug Administration Farm Service Agency NOTICES RULES Agency Information Collection Activities; Proposals, Crop Assistance Program, 65423–65431 Submissions, and Approvals: Dissolvable Tobacco Products, 65490–65491 Federal Aviation Administration Guide to Minimize Microbial Food Safety Hazards of NOTICES Fresh-Cut Fruits and Vegetables, 65491–65494 Passenger Facility Charge Approvals and Disapprovals, Draft Guidance for Industry; Availability, etc.: 65551–65554 Qualification Process for Drug Development Tools, 65495–65496 Meetings: Federal Deposit Insurance Corporation Science Board Advisory Committee, 65497–65498 NOTICES Updated Listing of Financial Institutions in Liquidation, Food and Nutrition Service 65484 NOTICES Agency Information Collection Activities; Proposals, Federal Emergency Management Agency Submissions, and Approvals: NOTICES WIC Local Agency Directory Report, 65447 Major Disaster and Related Determinations: Minnesota, 65501–65502 Foreign Assets Control Office New York, 65501 NOTICES North Carolina, 65500–65501 Additional Designations, Foreign Narcotics Kingpin Major Disaster Declarations: Designation Act, 65554–65555 Iowa; Amendment No. 11, 65502 Designation of Two Individuals Pursuant to Executive Minnesota; Amendment No. 1, 65502 Order 13224, 65556–65557 Minnesota; Amendment No. 2, 65502–65503 Unblocking of Specially Designated Nationals and Blocked North Carolina; Amendment No. 1, 65503 Persons Pursuant to Executive Orders, 65557–65558

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Unblocking of Specially Designated Nationals and Blocked International Trade Commission Persons Pursuant to Foreign Narcotics Kingpin Act, NOTICES 65558 Complaints, 65508–65509 Determination not to Review an Initial Determination Foreign-Trade Zones Board Granting Complainant’s Motion, etc.: NOTICES Collaborative System Products and Components Thereof Applications for Subzone Status: (II), 65509 Foreign-Trade Zone 22, Chicago, IL; Baxter Healthcare Corp., Round Lake, IL, 65448 Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau Forest Service See Antitrust Division NOTICES NOTICES Meetings: Lodging of Consent Decrees Under CERCLA, 65509–65510 Lassen County Resource Advsiory Committee, 65447 Prince of Wales Resource Advisory Committee, 65447– Labor Department 65448 See Employment and Training Administration See Occupational Safety and Health Administration Health and Human Services Department NOTICES See Centers for Disease Control and Prevention Agency Information Collection Activities; Proposals, See Children and Families Administration Submissions, and Approvals, 65511–65512 See Food and Drug Administration See National Institutes of Health National Archives and Records Administration NOTICES See Information Security Oversight Office Meetings: HIT Policy Committee, 65486–65487 National Institutes of Health HIT Policy Committee Workgroup, 65485–65486 NOTICES HIT Standards Committee, 65486 Calls For Nominations: Interagency Pain Research Coordinating Committee, Homeland Security Department 65495 See Federal Emergency Management Agency Meetings: See U.S. Citizenship and Immigration Services Center for Scientific Review, 65497–65499 Eunice Kennedy Shriver National Institute of Child Housing and Urban Development Department Health and Human Development, 65496 NOTICES National Center for Complementary and Alternative Funding Availabilities (NOFAs): Medicine, 65498 Continuum of Care (CoC) Homeless Assistance Program, National Heart, Lung, and Blood Institute, 65498 Fiscal Year (FY) 2010; Technical Correction, 65503 National Institute of Neurological Disorders and Stroke, 65497 Information Security Oversight Office NOTICES National Oceanic and Atmospheric Administration Meetings: PROPOSED RULES National Industrial Security Program Policy Advisory Magnuson–Stevens Fishery Conservation and Management Committee, 65526–65527 Act Provisions: Fisheries of Northeastern United States; Proposed 2011– Interior Department 2013 Fishing Quotas for Atlantic Surfclam and Ocean See Fish and Wildlife Service Quahog, 65442–65445 See Reclamation Bureau NOTICES Fisheries of the Northeastern United States: International Trade Administration Atlantic Surfclam and Ocean Quahog Fisheries; Vendor- NOTICES Provided Year 2011 Cage Tags, 65452–65453 Continuation of Antidumping Duty Orders: Meetings: Potassium Permanganate from the People’s Republic of Caribbean Fishery Management Council, 65453 China, 65448–65449 Export Trade Certificates of Review: National Science Foundation Florida Citrus Exports LC (FCE), 65449 NOTICES Extensions of Time Limits for Preliminary Results of Agency Information Collection Activities; Proposals, Antidumping Duty Administrative Reviews: Submissions, and Approvals, 65527–65528 Stainless Steel Bar from India, 65449–65450 Meetings: Extensions of Time Limits for Preliminary Results of Business and Operations Advisory Committee, 65528 Antidumping Duty New Shipper Reviews: Membership of National Science Foundation Senior Polyethylene Terephthalate Film, Sheet and Strip from Executive Service Performance Review Board, 65528 India, 65450 Membership of the National Science Board Senior Final Results of 2008–2009 Antidumping Duty Executive Service Performance Review Board, 65528 Administrative Review of Antidumping Duty Orders: Magnesium Metal from People’s Republic of China, Navy Department 65450–65452 NOTICES Rescissions of Antidumping Duty Administrative Reviews: Environmental Impact Statements; Availability, etc.: Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Flat Renewal of Authorization to Use Pinecastle Range, Ocala Products from Brazil, 65453–65456 National Forest, FL, 65463

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Nuclear Regulatory Commission Small Business Administration NOTICES NOTICES Applications: Agency Information Collection Activities; Proposals, FirstEnergy Nuclear Power Operating Company; Davis– Submissions, and Approvals, 65533–65534 Besse Nuclear Power Station Unit 1, 65528–65531 Immediate Disaster Assistance Program, 65534

Occupational Safety and Health Administration State Department NOTICES NOTICES Canadian Standards Association; Expansion of Recognition, Meetings: 65517–65518 Overseas Security Advisory Council, 65550–65551 FM Approvals; Expansion of Recognition, 65521–65523 Shipping Coordinating Committee, 65551

Occupational Safety and Health Review Commission Tennessee Valley Authority NOTICES NOTICES Meetings; Sunshine Act, 65531 Environmental Impact Statements; Availability, etc.: Nuclear Unit at Bellefonte Plant Site, Jackson County, Postal Regulatory Commission AL, 65558–65559 NOTICES New Postal Products, 65531–65533 Transportation Department See Federal Aviation Administration Reclamation Bureau See Federal Motor Carrier Safety Administration NOTICES Environmental Impact Statements; Availability, etc.: Treasury Department Odessa Subarea Special Study, Adams, Franklin, Grant, See Comptroller of the Currency and Lincoln Counties, WA, 65503–65505 See Foreign Assets Control Office

Securities and Exchange Commission U.S. Citizenship and Immigration Services PROPOSED RULES NOTICES Disclosure for Asset-Backed Securities Required by Section Agency Information Collection Activities; Proposals, 943 of Dodd–Frank Wall Street Reform and Consumer Submissions, and Approvals: Protection Act: Petition for Amerasian, Widow(er), or Special Immigrant, Correction, 65442 65500 NOTICES Petition to Classify Orphan as an Immediate Relative and Applications: Application for Advance Processing of Orphan Citigroup Global Markets Inc., et al., 65534–65536 Petition, 65499–65500 Joint Industry Plans: Addition of C2 Options Exchange, Inc. as Participant, 65536–65537 Orders Approving Accelerated Distribution of Amended Reader Aids Options Disclosure Document: Consult the Reader Aids section at the end of this page for Canadian Derivatives Clearing Corp., 65537 phone numbers, online resources, finding aids, reminders, Self-Regulatory Organizations; Proposed Rule Changes: and notice of recently enacted public laws. NASDAQ OMX PHLX, Inc., 65541–65542 To subscribe to the Federal Register Table of Contents National Securities Clearing Corp., 65546–65550 LISTSERV electronic mailing list, go to http:// NYSE Amex LLC, 65542–65545 listserv.access.gpo.gov and select Online mailing list NYSE Arca, Inc., 65539–65541, 65545–65546 archives, FEDREGTOC-L, Join or leave the list (or change Options Clearing Corp., 65538–65539 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR 760...... 65423 9 CFR 94...... 65431 17 CFR Proposed Rules: 229...... 65442 240...... 65442 249...... 65442 40 CFR 271...... 65432 Proposed Rules: 271...... 65442 48 CFR 212...... 65437 219...... 65439 247...... 65437 252 (2 documents) ...... 65437, 65439 50 CFR Proposed Rules: 648...... 65442

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Rules and Regulations Federal Register Vol. 75, No. 205

Monday, October 25, 2010

This section of the FEDERAL REGISTER comments by any of the following for the Secretary of Agriculture to use contains regulatory documents having general methods: funds to ‘‘reestablish farmers’ applicability and legal effect, most of which • E-mail: purchasing power by making payments are keyed to and codified in the Code of [email protected]. in connection with the normal Federal Regulations, which is published under • Fax: (202) 690–2130. production of any agricultural 50 titles pursuant to 44 U.S.C. 1510. • Mail: Director, Production, commodity for domestic consumption.’’ Emergencies, and Compliance Division, The Code of Federal Regulations is sold by FSA has used this authority in the past the Superintendent of Documents. Prices of FSA, U.S. Department of Agriculture to provide assistance to producers new books are listed in the first FEDERAL (USDA), Mail Stop 0517, Rm. 4750–S, whose purchasing power was negatively REGISTER issue of each week. 1400 Independence Ave., SW., impacted by unusual market conditions. Washington, DC 20250–0517. • Through CAP, FSA will use up to $550 Hand Delivery or Courier: Deliver million in section 32 funds to help DEPARTMENT OF AGRICULTURE comments to the above address. reestablish the purchasing power of • Federal Rulemaking Portal: Go to eligible producers of rice, upland Farm Service Agency http://www.regulations.gov. Follow the cotton, soybeans, and sweet potatoes. online instructions for submitting 7 CFR Part 760 comments. CAP is a limited one-time program to All written comments will be reestablish producer purchasing power RIN 0560–AI11 available for public inspection at the that was diminished by 2009 crop year above address during business hours losses. The CAP payment is intended to Crop Assistance Program from 8 a.m. to 5 p.m., Monday through address reestablishing producer Friday. A copy of this rule is available purchasing power, not to reimburse AGENCY: Farm Service Agency, USDA. through the FSA home page at http:// producers for specific losses. ACTION: Interim rule. www.fsa.usda.gov/. To expedite implementation of CAP, FOR FURTHER INFORMATION CONTACT: SUMMARY: The Crop Assistance Program to simplify producer application for Steve Peterson, Chief, Disaster (CAP) will provide emergency CAP payments, and to timely distribute Assistance Branch, FSA, USDA, Mail assistance to reestablish the purchasing CAP payments to eligible producers, Stop 00517, 1400 Independence Ave., power of eligible producers of rice, FSA has already identified the relevant SW., Washington, DC 20250–0517; cotton, soybeans, and sweet potatoes in disaster counties, has producer acreage telephone: (202) 720–7641; fax: (202) specified counties for which a and ownership shares on file, and has 690–2130; e-mail: Secretarial disaster designation was determined the payment rate for each [email protected]. Persons issued based on excessive moisture and crop. Each of these items is explained in with disabilities who require alternative related conditions for the 2009 crop this interim rule. means for communications (Braille, year. This rule specifies the eligibility For CAP, FSA identified the 953 large print, audio tape, etc.) should requirements, payment calculations, counties in the following 34 States that contact the USDA Target Center at (202) and application procedures for CAP. received Secretarial disaster 720–2600 (voice and TDD). CAP will provide up to $550 million to designations due to excessive moisture SUPPLEMENTARY INFORMATION: eligible producers. This rule also and related conditions in 2009: proposes a new information collection Background Alabama, Arkansas, Connecticut, for the payment application. Due to the nature and severity of Delaware, Florida, Georgia, Illinois, DATES: Effective date: October 22, 2010. disasters resulting from excessive Indiana, Iowa, Kansas, Louisiana, Comment date: We will consider moisture and related conditions in 2009, Maine, Maryland, Massachusetts, comments that we receive by November the Secretary of Agriculture determined Michigan, Minnesota, Mississippi, 24, 2010. that producers of rice, upland cotton, Missouri, Montana, Nebraska, New Application Deadline: We will soybeans, and sweet potatoes would be Hampshire, New Jersey, New Mexico, consider applications that we receive by provided limited financial assistance New York, North Carolina, North December 9, 2010. under the authority of clause 3 of Dakota, Ohio, Oklahoma, Rhode Island, ADDRESSES: We invite you to submit section 32 of the Agricultural South Dakota, Tennessee, Texas, comments on this interim rule. In your Adjustment Act of 1935 (Pub. L. 74–320, Wisconsin, and Wyoming. The comment, please specify RIN 0560–AI11 7 U.S.C. 612c, as amended, referred to following map shows the counties; a list and include the volume, date, and page as ‘‘section 32’’) due to losses that of the counties is available on the FSA number of this issue of the Federal growers of those crops suffered. That Web site and at FSA county offices. Register. You may submit written clause of Section 32 provides authority BILLING CODE 3410–05–P

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BILLING CODE 3410–05–C

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Producer Eligibility Requirements minimum threshold for 2009; it is not Acreage) after submitting the CAP There are several requirements for just a per farm threshold. The application to increase the payment or producers to be eligible for CAP individual producer’s share of the crop to create an eligibility. If a producer payments. Producers must meet all of on the farm must have suffered the loss, needs to amend or correct the 2009 the following requirements to be eligible independent of what other producers of FSA–578 for other programs, they may for a CAP payment: the crop on that farm may have be able to do so, subject to the rules (1) The producer must have on file an produced or their loss. The producer pertaining to those programs. However, existing 2009 crop year form FSA–578, will need to calculate quantity losses no amended 2009 FSA–578 that based on historical or expected includes increased crop acreage on a ‘‘Report of Acreage,’’ as planted or production of the crop. The producer farm will be considered in calculating considered planted, and that acreage will need to certify that the loss was at CAP payments. report must have been on file with FSA least five percent and will need to prior to the publication of this interim Payment Calculation maintain verifiable and reliable rule; documentation to justify the CAP payments will be calculated by (2) The producer’s 2009 form FSA– certification. multiplying the total number of acres of 578, Report of Acreage, must specify the For example, if a producer has a share the crop planted or considered planted producer’s ownership share of a 2009 in a farm with 2009 cotton and rice on the farm by that crop’s per-acre crop of upland cotton, long grain rice, crops, but only suffered a five percent payment rate. FSA determined the rates medium or short grain rice, soybeans, or or greater loss for the rice crop, that based on average per-acre revenue sweet potatoes, and the amount of acres producer can be eligible for a payment losses on the 2009 crop due to moisture- of those crops planted or considered on the rice crop, but not the cotton crop. related disasters. The payment rate, planted; Similarly, if a farm had both cotton and which is based on USDA data of average (3) The producer’s eligible crop corn crops in 2009, only a cotton crop per acre 2009 crop losses and limited by acreage must be located in a primary loss can meet the eligibility requirement available funding, cannot be greater county for which a Secretarial disaster for a CAP payment, regardless of what, than actual losses for producers.1 The designation was issued based on if any, losses there were for the corn or payment rates are as follows: excessive moisture and related the farm as a whole because corn is not conditions for the 2009 crop year; an eligible commodity under CAP. Per acre (4) The producer must have had a five The determination by a producer that Crop payment rate percent or greater loss in crop quality or a crop suffered a five percent or greater quantity of the 2009 crop of upland loss is based on the producer’s self- Long grain rice ...... $31.93 cotton, long grain rice, medium or short certification. Producers must be able to Medium or short grain rice ...... 52.46 grain rice, soybeans, or sweet potatoes, document, if requested by FSA, how Upland cotton ...... 17.70 for which the producer applies for a they determined that the five percent Soybeans ...... 15.62 CAP payment; the loss must be due to loss threshold was met. For quantity Sweet potatoes ...... 155.41 a disaster, as defined in this rule, and losses, the calculation must use historic the five percent loss is a minimum yield and expected production as The CAP payment will be based on threshold for CAP eligibility; greater defined in this rule. FSA will provide the producer’s share of the reported or losses do not qualify producers for a county average yield data on request. At determined planted or considered larger payment; and time of application, a producer will not planted acres of the crop times the per (5) The producer must apply for a be required to submit documentation of acre payment rate for the crop. If there CAP payment by December 9, 2010 production, expected production, is more than one eligible producer on a certifying that the loss which was due quality, or loss. However, a producer farm that shared in the crop, each to disaster in 2009 was greater than or who applies for CAP will be required to producer may apply for a payment equal to the five percent threshold; the retain documentation in support of their based on their share in the crop. For example, Producer A has a 100 loss threshold must be met for each crop application for 3 years after the date of percent share interest of 2009 upland for which the producer requests a CAP application. If documentation is not cotton and sweet potatoes. Producer A payment. submitted when required by FSA or if planted 1,000 acres of 2009 crop upland The identified disaster counties are documentation cannot demonstrate that cotton and certifies a production loss of primary disaster counties only; crop the minimum loss was suffered as over five percent due to disaster. acreage in contiguous counties that are claimed for a crop and farm, the Upland cotton’s payment rate is $17.70 not declared disaster counties is not producer will be required to refund the eligible for CAP. per acre. Producer A also planted 100 payment to FSA. acres of sweet potatoes and certifies a Five Percent Loss Threshold Required Crop Acreage and Ownership Share; production loss of over five percent of for Payment Eligibility Acreage Report Information the crop due to a disaster. The sweet To be eligible for payment, a producer The amount of acreage for each crop potato payment rate is $155.41 per acre. must have had a loss of five percent or that will be used to determine the The payment calculation would be as greater on a farm in the eligible disaster amount of the CAP payment (payment follows: 1,000 acres (upland cotton county in quality or quantity as acres) and the producer’s ownership planted) times $17.70 (payment rate for compared to historic or expected share of the crop will be the amount upland cotton) = $17,700 CAP payment production for that farm to the crop of previously reported to FSA by the for upland cotton. For sweet potato, 100 upland cotton, long grain rice, medium producer for the 2009 crop year form acres (sweet potatoes planted) times $155.41 (payment rate for sweet or short grain rice, soybeans, or sweet FSA–578, Report of Acreage, that is on potatoes) = $15,541 CAP payment for potatoes planted or considered planted file in FSA as of October 22, 2010. in 2009 for which the producer is For the purposes of CAP, a producer 1 For more information about the development of applying for a CAP payment. cannot revise a crop acreage report for the payment rates, see the Cost Benefit Analysis for The five percent loss threshold is a the 2009 crop year (such reports are this rule, which is available upon request (see FOR per producer per crop on a farm filed using form FSA–578, Report of FURTHER INFORMATION CONTACT above).

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sweet potatoes. The producer would recordkeeping requirements and legal entities. In addition, the 2008 Farm receive the sum of those two payments, compliance with Highly Erodible Land Bill imposed limitations on payments to or $17,700 + $15,541 = $33,241, subject Conservation and Wetland Conservation foreign persons; FSA adopted those to payment limitations and other provisions in this rule are similar to limits for CAP as specified in this rule. restrictions in the regulation. those for previous ad hoc crop disaster The regulations in 7 CFR part 760 programs. Records documenting 2009 subpart B that provide general Disaster Counties losses must be kept for 3 years after the provisions for other recent FSA disaster To be eligible for CAP, a producer application is filed. CAP applicants assistance programs also apply for CAP. must have had a loss on a farm in a must have been in compliance with the Application Process disaster county that was declared a provisions of 7 CFR part 12, ‘‘Highly disaster because of excess moisture or a Erodible Land and Wetland This rule announces a 45-day period related condition as specified in the Conservation,’’ during the 2009 crop for submitting CAP applications, regulation. To identify the disaster year. Those regulations provide for a beginning the day this rule is published counties for CAP, FSA identified those denial of benefits for failing to comply in the Federal Register. Specifically, the counties that had a Secretarial disaster with general requirements regarding the application deadline is December 9, designation based on flood, flash handling of highly erodible cropland 2010. This deadline allows sufficient flooding, excessive rain, moisture, and wetlands. time for FSA to include CAP payments humidity, severe storms, thunderstorms, CAP payments will be treated as 2009 in 2009 SURE payment calculations. ground saturation or standing water, revenue under the Supplemental During the application period, hail, winter storms, ice storms, snow, Revenue Assistance Payments (SURE) producers may apply in person at FSA blizzard, hurricane, typhoons, tropical Program, which is specified in 7 CFR county offices during regular business storms, or cold wet weather. part 760, subpart G. hours. Applications may also be The payment limits and adjusted submitted to FSA by mail or fax. CAP Additional Eligibility Considerations gross income (AGI) limits that apply to application forms may be obtained in Only a producer who has an other CCC and FSA programs apply to person, by mail, telephone, and fax from ownership share and risk of loss in the CAP. Specifically, no person or legal any FSA county office or via the crop will qualify for CAP. Any verbal or entity (excluding a joint venture or Internet at http://www.sc.egov.usda.gov. written agreement that precludes a general partnership), as defined and If there is more than one producer on a producer from having an ownership determined by the regulations in 7 CFR farm, only the producers on a farm who share disqualifies the producer for CAP, part 1400 may receive, directly or sign the application will be eligible to regardless of whether the producer is indirectly, more than $100,000 in CAP receive payment. Producers may receive listed on a form FSA–578, Report of benefits. For the payment limit, both payment from shares of eligible crops on Acreage, or any other program indirect and direct benefits are counted multiple farms if they sign an document, as having a share of the crop. by attribution; the total amount of application for each farm, subject to the For example, a contract grower would payments are attributed to a person by $100,000 payment limit that is per be ineligible. taking into account the direct and person or legal entity, not per farm or A person ineligible for 2009 crop year indirect ownership interests of the per crop. benefits because of fraud or any other person in a legal entity that is eligible An application must include the program violation in any other FSA or to receive payments. In the case of a specific application form for CAP, FSA– Commodity Credit Corporation (CCC) legal entity, the same payment is 860, and the following forms, which for program is ineligible for CAP to the attributed to the direct payee in the full most producers will already be on file extent otherwise provided in law. amount and to those that have an at the FSA county office: There is no requirement to have crop indirect interest to the amount of that (1) CCC–902, Farm Operating Plan for insurance coverage or coverage under indirect interest. This is the same way Individual or Legal Entity; the Noninsured Crop Disaster attribution is done for other FSA and (2) CCC–926, Average Adjusted Gross Assistance Program (NAP) in order to be CCC programs. Income Statement for 2009; eligible for CAP. Producers who Payment and average adjusted gross (3) AD–1026, Highly Erodible Land received NAP payments for a loss of a income (AGI) limits will be determined Conservation (HELC) and Wetland 2009 crop of long grain rice, medium or as using the standards of 7 CFR part Conservation Certification; and short grain rice, upland cotton, 1400 in the same manner as for CCC (4) FSA–578, Report of Acreage, for soybeans, or sweet potatoes are eligible programs governed by that part. In 2009, which must already be on file at for CAP benefits, subject to meeting all applying the limitation on AGI for 2009, the FSA county office. other eligibility requirements for CAP; a person or legal entity with an average See the Paperwork Reduction Act the multiple benefit exclusion adjusted gross nonfarm income, as section below for more information provisions of 7 CFR 1437.13 do not defined in 7 CFR 1400.3, that exceeds about the application. apply. Producers can receive NAP $500,000 for the 3 taxable years Any application received by FSA after payments and CAP payments for the preceding 2008 (2005–2007) will not be December 9, 2010 will be ineligible for same 2009 crop. NAP payments are for eligible to receive CAP payments. payment. specific crop losses, whereas CAP Likewise, if a person with an indirect Information provided on applications payments are to help reestablish interest in a legal entity has an average and supporting documentation will be farmers’ purchasing power. Therefore, nonfarm AGI over $500,000, then the subject to verification by FSA; however, CAP payments are not duplicate payment to the legal entity will be FSA is under no obligation to perform payments. commensurately reduced based on the spot checks within any specific time interest of that person in the legal entity frame and applicants are responsible for Payment Limitations and Other General receiving the payment. producing documents substantiating Requirements The regulations in 7 CFR 1400.105 their application when requested by General eligibility requirements that specify how payments will be FSA. apply to other FSA and CCC programs attributed. Attribution will be tracked In the event that FSA finds that a also apply to CAP. Specifically, through four levels of ownership in payment was issued based on inaccurate

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information on a certification submitted revenue per harvested acre in 2009; the Environmental Quality (40 CFR parts by a producer, FSA will require a refund payment rate was determined by 1500–1508), and FSA regulations for of that payment. Producers determined dividing each crop’s total value of compliance with NEPA (7 CFR part to have made any false certifications or production (revenue) by the amount of 799). CAP solely provides financial adopted any misrepresentation, scheme, production, and then multiplying the assistance to reestablish purchasing or device that defeats the program’s product by 3.7 percent. National power to eligible producers who purpose will be required to refund any Agricultural Statistics Service (NASS) suffered an eligible loss during the 2009 payments issued through the CAP, data was used for the amount of crop year for specific commodities. including interest on such payments, production and World Agricultural Therefore, FSA has determined that no and may be subject to other civil, Supply and Demand Estimates environmental assessment or criminal, or administrative remedies. (WASDE) data was used for price environmental impact statement will be Each producer on the farm applies (value) of production. In summary, prepared consistent with 7 CFR separately for their own CAP payment. producers will be paid based on their 799.10(b)(2)(x). Notice and Comment reported 2009 acreage for each crop, multiplied by a payment rate that Executive Order 12372 Because this rule involves represents 3.7 percent of average This program is not subject to discretionary disaster relief and revenue per acre. Executive Order 12372, which requires authorities it was determined that under The total cost to the government, and consultation with State and local these circumstances it would be the corresponding benefit to producers, officials. See the notice related to 7 CFR contrary to the public interest to for CAP will be between $137 million part 3015, subpart V, published in the withhold relief for prior public and $543 million, depending upon how Federal Register on June 24, 1983 (48 comment. The Administrative many producers in disaster counties FR 29115). Procedures Act (5 U.S.C. 553) provides apply for payment. The low end of the generally that before rules are issued by range was estimated using NASS data of Executive Order 12988 Government agencies, the rule must be actual yield losses in 2009 as compared This rule has been reviewed under published in the Federal Register, and to 2004 through 2008 yields; it Executive Order 12988. The provisions interested persons must be given an represents the cost if only producers in of this proposed rule will not have opportunity to participate in the counties with five percent or greater preemptive effect with respect to any rulemaking through submission of data, yield losses apply. (Yield data was not State or local laws, regulations, or views, or arguments. The law exempts available for sweet potatoes; the average policies that conflict with such from this requirement rules, such as this loss of similar crops was used as an provision or which otherwise impede one, relating to public property, loans, estimate). The high end of the range is their full implementation. The rule will grants, benefits, and contracts. However, estimated using total acres of eligible not have retroactive effect. Before any the Secretary of Agriculture published crops in primary disaster counties in judicial action may be brought regarding in the Federal Register on July 24, 1971 2009; it represents the costs and benefits this rule, all administrative remedies (36 FR 13804), a Statement of Policy if all producers in disaster counties with must be exhausted. that USDA would publish a notice of eligible crops apply for payment. Executive Order 13132 proposed rulemaking for such rules. CAP payments will be considered USDA is committed to providing the revenue for the purpose of calculating The policies contained in this rule public reasonable opportunity to payments for the SURE program. CAP will not have any substantial direct participate in rulemaking, and is payments are estimated to decrease total effect on States, the relationship therefore providing the public 30 days 2009 SURE payments by $50 million to between the Federal Government and to comment on the provisions of this $107 million, depending on how many the States, or the distribution of power interim rule. producers who apply for CAP also had and responsibilities among the various sufficient losses (and met other levels of government. Nor would this Executive Order 12866 requirements) to qualify for 2009 SURE proposed rule impose substantial direct The Office of Management and Budget program payments. compliance costs on State and local (OMB) designated this interim rule as governments. Therefore, consultation economically significant under Regulatory Flexibility Act with the States is not required. Executive Order 12866, and, therefore It has been determined that the Executive Order 13175 OMB reviewed this rule. A cost-benefit Regulatory Flexibility Act is not analysis of this rule is summarized applicable to this interim rule because The policies contained in this rule do below and is available from the contact CCC is not required by 5 U.S.C. 553 or not have tribal implications that listed above. any other provision of law to publish a preempt tribal law. FSA provided the notice of proposed rulemaking for this opportunity for government-to- Cost Benefit Analysis Summary rule. As noted above in the Notice and government consultation with Tribal The Crop Assistance Program is Comment section, CCC is using the good governments on CAP prior to the intended to reestablish purchasing cause justification of the Administrative publication of this interim rule. The power to producers of 2009 crop of rice, Procedures Act to issue an interim rule Tribal consultation was available upland cotton, soybeans, or sweet effective on publication with an through a teleconference. Leadership potatoes who grew those crops in opportunity for comment. from all Federally recognized Tribes specified counties for which a that have lands within the affected Secretarial disaster designation was Environmental Review counties were invited to the issued based on excessive moisture and The environmental impacts of this consultation, which was held on related conditions for the 2009 crop rule have been considered in a manner October 12, 2010. The FSA Deputy year. Payments will be calculated based consistent with the provisions of the Administrator for Farm Programs with on acreage reported for 2009 crops. The National Environmental Policy Act representation from the FSA per acre rate payment was set by FSA (NEPA, 42 U.S.C. 4321–4347), the Administrator’s office as well as the based on each crop’s national average regulations of the Council on USDA Office of Tribal Relations

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participated in the call and were requires producers to submit an Authority: 7 U.S.C. 612c. available to consult on CAP. No Tribes application on a form specified by FSA participated in the call. In response to to the FSA county office for the farm Subpart H—Crop Assistance Program the invitation to the conference call, no where they had a 2009 crop planted or § 760.701 Applicability. comments were received. considered planted acreage of upland (a) This subpart specifies the cotton, long grain rice, medium or short Unfunded Mandates eligibility requirements and payment grain rice, soybeans, and sweet potatoes. calculations for the Crop Assistance This rule contains no Federal For an application to be accepted and Program (CAP), which will be mandates under the regulatory approved, the producer will be required administered using funds authorized by provisions of Title II of the Unfunded to provide the following information: Section 32 of the Agricultural Mandates Reform Act of 1995 (UMRA, producer telephone number (optional), Adjustment Act of 1935 (7 U.S.C. 612c, Pub. L. 104–4) for State, local, or tribal whether eligible crops suffered a five as amended). governments, or the private sector. In percent or greater loss, whether each (b) CAP, within the limits of the funds addition, FSA is not required to publish claimed loss was due to quantity or made available by the Secretary for this a notice of proposed rulemaking for this quality loss, and producer’s signature. rule. Therefore, this interim rule is not The following estimated burden also program, is intended to help reestablish subject to the requirements of sections includes an average travel time of one purchasing power to producers of long 202 and 205 of UMRA. hour for the producer’s travel to the FSA grain rice, medium or short grain rice, county office. The majority of producers upland cotton, soybeans, and sweet Small Business Regulatory Enforcement potatoes who suffered a five percent or Fairness Act of 1996 (SBREFA) will only need to submit one application form (FSA–860) because the greater loss in the 2009 crop year due to This rule has been determined to be rest of their information will already be disaster. major under SBREFA (Pub. L. 104–121). on-file and up to date in the FSA county (c) Only producers who have a share SBREFA normally requires that an office. However, approximately 673 in a farm located in a disaster county (a agency delay the effective date of a respondents will also need to complete county that is the primary county that major rule for 60 days from the date of forms AD–1026, CCC–902 and CCC–926 is the subject of a Secretarial disaster publication to allow for Congressional if FSA does not have them on file. designation for 2009 crop year due to review. Section 808 of SBREFA allows Respondents: Producers. excessive moisture and related an agency to make a major regulation Estimated Annual Number of conditions, as determined by FSA) are effective immediately if the agency finds Applicants: 279,091. eligible for CAP benefits. there is good cause to do so. FSA finds Estimated Annual Number of Forms § 760.702 Definitions. for the reasons given earlier with respect per Applicant: 1. The following definitions apply to to Notice and Comment that it would be Estimated Average Time to Respond: CAP. The definitions in parts 718, 760, contrary to the public interest to delay 30 minutes (0.5 hours). and 1400 of this title also apply, except implementation of this rule because it Estimated Total Annual Burden where they conflict with the definitions would significantly delay assistance to Hours: 350,210. the producers affected by disasters in in this section. 2009 addressed by this rule. Therefore, E-Government Act Compliance Acceptable production records means this rule is effective immediately. CCC is committed to complying with verifiable or reliable production records the E-Government Act, to promote the deemed acceptable by FSA. Paperwork Reduction Act use of the Internet and other Application means the CAP In accordance with the Paperwork information technologies to provide application form. Reduction Act of 1995 (44 U.S.C. increased opportunities for citizen Application period means the 45-day chapter 35), FSA submitted the access to Government Information and period established by the Deputy information collection request for CAP services, and for other purposes. Administrator for producers on farms in to OMB under the emergency procedure disaster counties to apply for CAP that in accordance with the Paperwork List of Subjects in 7 CFR Part 760 ends December 9, 2010. Reduction Act so FSA can begin the Dairy products, Indemnity payments, Approved yield means the amount of sign-up period upon publication of this Pesticides and pests, Reporting and production per acre, computed in rule. recordkeeping requirements. accordance with FCIC’s Actual FSA is making payments to eligible ■ For the reasons discussed in the Production History (APH) Program at producers of 2009 upland cotton, long preamble, the Farm Service Agency part 400, subpart G of this title or, for grain rice, medium or short grain rice, (USDA) adds 7 CFR part 760, subpart H, crops not included under part 400, soybeans, and sweet potatoes. CAP is for to read as follows: subpart G of this title, the yield used to producers who had at least a five determine the guarantee. For crops percent loss due to disaster in counties PART 760—INDEMNITY PAYMENT covered under NAP, the approved yield having a Secretarial disaster designation PROGRAMS is established according to part 1437 of for 2009 due to excessive moisture or this title. related conditions. Subpart H—Crop Assistance Program Considered planted means acreage Title: Crop Assistance Program (CAP). Sec. approved as prevented planted or failed OMB Number: 0560–NEW. 760.701 Applicability. in accordance with § 718.103 of this Type of Request: New information 760.702 Definitions. chapter. collection. 760.703 Producer eligibility requirements. Crop means the reported or Abstract: This information collection 760.704 Time and method of application. determined 2009 crop year planted and 760.705 Payment rates and calculation of is needed for FSA to identify eligible payments. considered planted acres of long grain upland cotton, long grain rice, medium 760.706 Availability of funds. rice, medium or short grain rice, upland or short grain rice, soybean, and sweet 760.707 Proof of loss. cotton, soybean, or sweet potatoes as potato producers and to make payments 760.708 Miscellaneous provisions and reflected on 2009 crop year form FSA– to those producers through CAP. FSA limitations. 578, Report of Acreage, for a producer

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in a disaster county as of October 22, NAP approved yield for the disaster information and certifications of and 2010. Subsequent crops, replacement year. pertaining to the producer’s crop and crops, reseeded crops, and replanted Replacement crop means the planting farm regardless of who entered the crops are not eligible crops under this or approved prevented planting of any information on the application. part and no revision of the Report of crop for harvest following the failed (d) Producers requesting benefits Acreage that would increase an planting or prevented planting of a crop under CAP must certify the accuracy eligibility for payment will be permitted of long grain rice, medium or short grain and truthfulness of the information to produce that effect. rice, upland cotton, soybeans, or sweet provided in the application as well as Crop year means for 2009: potatoes not in a recognized double- with any documentation that may be (1) For insurable crops, the crop year cropping sequence. Replacement crops provided with the application or as defined according to the applicable are not eligible for CAP. documentation that will be provided to crop insurance policy; Reseeded or replanted crop means the FSA in substantiation of the application. (2) For NAP covered crops, the crop second planting of a crop of long grain All certifications and information are year as provided in part 1437 of this rice, medium or short grain rice, upland subject to verification by FSA. title. cotton, soybeans, or sweet potatoes on (e) Producers applying for CAP must Disaster means excessive moisture or the same acreage after the first planting certify that they have an eligible related condition, resulting from any of of that same crop that failed. ownership share interest in the 2009 the following: flood, flash flooding, crop acreage that sustained a five excessive rain, moisture, humidity, § 760.703 Producer eligibility percent or greater loss. The severe storms, thunderstorms, ground requirements. determination and certification by a saturation or standing water, hail, (a) A producer must meet all of the producer that a crop suffered the winter storms, ice storms, snow, requirements in this subpart to be requisite five percent or greater farm blizzard, hurricane, typhoons, tropical eligible for a CAP payment. crop loss is the expected quantity of storms, and cold wet weather. A disaster (b) To be eligible, a producer must be production of the crop less the actual does not include brownouts or power an individual or entity who is entitled production of the crop. failures. to an ownership share of an eligible (f) In the event that the producer does Disaster county means a county crop and who has the production and not submit documentation in response included in the geographic area covered market risks associated with the to any request of FSA to support the by a qualifying natural disaster agricultural production of the crop on a producer’s application or designation under section 321(a) of the farm. An eligible producer must be a: documentation furnished does not show Consolidated Farm and Rural (1) Citizen of the United States; a crop loss of at least five percent as Development Act (7 U.S.C. 1961(a)). For (2) Resident alien, which for purposes claimed, the application for that crop CAP, the term ‘‘disaster county’’ is of this subpart means ‘‘lawful alien’’ as will be disapproved in its entirety. For limited to those primary counties defined in 7 CFR part 1400; quantity losses, producers need to apply declared a disaster by the Secretary for (3) Partnership of citizens of the a standard similar to the historic yield excessive moisture or a related United States; or provisions used under previous ad hoc condition, which are limited to (4) Corporation, limited liability disaster programs. Those provisions designations based on any of the corporation, or other farm provided that a historic yield was the following: flood, flash flooding, organizational structure organized higher of a county average yield or a excessive rain, moisture, humidity, under State law. producer’s approved yield. Thus, if an severe storms, thunderstorms, ground (c) To be eligible, a producer must applicant is determining whether a farm saturation or standing water, hail, have: has a crop that suffered a loss of five winter storms, ice storms, snow, (1) Produced a 2009 crop year planted percent or greater on the farm’s planted blizzard, hurricane, typhoons, tropical or considered planted long grain rice, and considered planted acreage, the storms, and cold wet weather. medium or short grain rice, upland applicant could compare the amount Expected production means, for a cotton, soybean, or sweet potato crop in successfully produced in 2009 from producer on a farm who attempts to a 2009 eligible disaster county, and those planted and considered planted determine what the producer might (2) Suffered a five percent or greater acres to what the participant expected to produce for an eligible crop on a farm, loss in an eligible disaster county in produce from that acreage using either the historic yield multiplied by the 2009. A list of the disaster counties for the county average yield (which may be producer’s share of planted and CAP is available on the FSA Web site obtained from FSA by request) or based considered planted acres of the crop for and at FSA county offices. on analysis of approved actual the farm. Expected production may be production history yields that may exist used to assist producers in determining § 760.704 Time and method of application. for producers of the crop on the farm. whether the producer has a crop or (a) To request a CAP payment, the (g) Unless otherwise determined crops that suffered a qualifying loss of producer must submit a CAP necessary by FSA, producers will not be five percent and to determine whether application on the form designated by required to submit documentation of that crop is eligible for CAP benefits. FSA to the FSA county office farm crop production or loss at time of Historic yield means, for a producer responsible for administration of the application. FSA’s decision not to on a farm, the higher of the county farm. require proof, documentation, or average yield or the producer’s (b) Producers submitting an evidence in support of any application approved yields for eligible crops on the application for a crop must certify that at time of application is not to be farm. they suffered a five percent or greater construed as a determination of a (1) An insured producer’s yield will loss of the crop on the farm in a disaster producer’s eligibility. be the higher of the county average yield county and that they have (h) Producers who apply are required listed or the approved federal crop documentation to support that to retain documentation in support of insurance APH, for the disaster year. certification as required in § 760.713. their application for three years after the (2) A NAP producer’s yield will be the (c) Once submitted by a producer, the date of application in accordance with higher of the county average yield or application is considered to contain § 760.713.

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(i) The application submitted in and verification by FSA. Producers must addition to any other liability of such accordance with this section is not submit documentation to FSA if and person under any civil or criminal fraud considered valid and complete for when FSA requests documentation to statute or any other provision of law issuance of payment under this part substantiate any certified application. including, but not limited to: 18 U.S.C. unless FSA determines all the (b) Producers are responsible for 286, 287, 371, 641, 651, 1001, and 1014; applicable eligibility provisions have retaining or providing, when required, 15 U.S.C. 714; and 31 U.S.C. 3729. been satisfied and the producer has verifiable or reliable production or loss (e) The regulations in parts 11 and submitted all the required forms. In records available for the crop. Producers 780 of this title apply to determinations addition to the completed, certified are also responsible for summarizing all under this subpart. application form, if the information for the production or loss evidence and (f) Any payment to any person under the following forms or certifications is providing the information in a manner this subpart will be made without not on file in the FSA county office or that can be understood by the county regard to questions of title under State is not current for 2009, the producer committee. law and without regard to any claim or must also submit: (c) Any producer receiving payment lien against the crop, or its proceeds. (1) Farm operating plan for individual under this subpart agrees to maintain (g) Any payment made under this or legal entity; any books, records, and accounts subpart will be considered farm revenue (2) Average adjusted gross income supporting any information or for 2009 for the Supplemental Revenue statement for 2009; and certification made according to this part Assistance Payments Program. (3) Highly erodible land conservation for 3 years after the end of the year (h) The average AGI limitation (HELC) and wetland conservation following application. provisions in part 1400 of this title certification. (d) Producers receiving payments or relating to limits on payments for (j) Application approval and payment any other person who furnishes such persons or legal entities, excluding joint by FSA does not relieve a producer from information to FSA must permit FSA or ventures and general partnerships, with having to submit any form, records, or authorized representatives of USDA and certain levels of average adjusted gross documentation required, but not filed at the General Accounting Office during income (AGI) apply to each applicant the time of application or payment, regular business hours to inspect, for CAP. Specifically, a person or legal according to paragraph (h) of this examine, and to allow such persons to entity with an average adjusted gross section. make copies of such books, records or nonfarm income, as defined in § 1404.3 other items for the purpose of of this title, that exceeds $500,000 is not § 760.705 Payment rates and calculation of eligible to receive CAP payments. payments. confirming the accuracy of the information provided by the producer. (i) No person or legal entity, (a) CAP payments will be calculated excluding a joint venture or general by multiplying the total number of § 760.708 Miscellaneous provisions and partnership, as determined by the rules reported or determined acres of an limitations. in part 1400 of this title may receive, eligible crop by the per acre payment (a) A person ineligible under directly or indirectly, more than rate for that crop. Payment rates are as § 1437.15(c) of this title concerning $100,000 in payments under this follows: violations of the Noninsured Crop subpart. (1) Long grain rice, $31.93 per acre; Disaster Assistance Program for the (j) The direct attribution provisions in (2) Medium or short grain rice, $52.46 2009 crop year is ineligible for benefits part 1400 of this title apply to CAP. per acre; under this subpart. Under those rules, any payment to any (3) Upland cotton, $17.70 per acre; (b) A person ineligible under legal entity will also be considered for (4) Soybeans, $15.62 per acre; and § 400.458 of this title for the 2009 crop payment limitation purposes to be a (5) Sweet potatoes, $155.41 per acre. year concerning violations of crop payment to persons or legal entities (b) Payments will be calculated based insurance regulations is ineligible for with an interest in the legal entity or in on the 2009 crop year reported or CAP. a sub-entity. If any such interested determined planted or considered (c) In the event that any request for person or legal entity is over the planted acres of an eligible crop on a CAP payment resulted from erroneous payment limitation because of direct farm in a disaster county as reflected on information or a miscalculation, the payment or their indirect interests or a a form FSA–578, Report of Acreage, on payment will be recalculated and the combination thereof, then the payment file in FSA as of October 22, 2010. producer must refund any excess to FSA to the actual payee will be reduced § 760.706 Availability of funds. with interest to be calculated from the commensurate with the amount of the (a) Payments specified in this subpart date of the disbursement to the interest of the interested person in the are subject to the availability of funds. producer. If for whatever reason the payee. Likewise, by the same method, if The total available program funds are producer signing a CAP application anyone with a direct or indirect interest $550 million. In order to keep payments overstates the loss level of the crop in a legal entity or sub-entity of a payee within available funds, the Deputy when the actual loss level determined entity exceeds the AGI levels that would Administrator may pro-rate payments, by FSA for the crop is less than the level allow a producer to directly receive a to the extent the Deputy Administrator claimed, or where the CAP payment CAP payment, then the payment to the determines that necessary. would exceed the producer’s actual loss, actual payee will be reduced (b) Funds for CAP are being made the application will be disapproved for commensurately with that interest. For available only for the 2009 crop year the crop and the full CAP payment for CAP, unless otherwise specified in part reported and determined eligible crop that crop will be required to be refunded 1400 of this title, the AGI amount will acreage in disaster counties as reflected with interest from date of disbursement. be that person’s or legal entity’s average on a form FSA–578, Report of Acreage, The CAP payment cannot exceed the AGI for the three taxable years that as of October 22, 2010. producer’s actual loss. precede the 2008 taxable year (that is (d) The liability of anyone for any 2005, 2006, and 2007). § 760.707 Proof of loss. penalty or sanction under or in (k) For the purposes of the effect of (a) All certifications, applications, and connection with this subpart, or for any lien on eligibility for Federal programs documentation are subject to spot check refund to FSA or related charge is in (28 U.S.C. 3201(e)), FSA waives the

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restriction on receipt of funds under ADDRESSES: You may submit comments Although FMD was eradicated in the CAP but only as to beneficiaries who, as by either of the following methods: United States in 1929, the virus could a condition of such waiver, agree to • Federal eRulemaking Portal: Go to be reintroduced by a single infected apply the CAP payments to reduce the http://www.regulations.gov/fdmspublic/ animal, animal product, or person amount of the judgment lien. component/ carrying the virus. Once introduced, (l) For CAP, producers are either main?main=DocketDetail&d=APHIS- FMD can spread quickly through eligible or ineligible. Therefore, the 2010-0077 to submit or view comments exposure to aerosols from infected provisions of § 718.304 of this chapter, and to view supporting and related animals, direct contact with infected ‘‘Failure to Fully Comply,’’ do not apply materials available electronically. animals, contact with contaminated feed to this subpart. • Postal Mail/Commercial Delivery: or equipment, ingestion of animal (m) The regulations in subpart B Please send one copy of your comment products, or contact with humans apply to CAP. In addition to those to Docket No. APHIS–2010–0077, harboring the virus or carrying the virus regulations that specifically include Regulatory Analysis and Development, on their clothing. subpart H or apply to this part, the PPD, APHIS, Station 3A–03.8, 4700 The regulations in 9 CFR part 94 following sections specifically apply to River Road Unit 118, Riverdale, MD (referred to below as the regulations) this subpart: §§ 760.113(a), 760.114, and 20737–1238. Please state that your govern the importation of certain 760.116(a). comment refers to Docket No. APHIS– animals and animal products into the 2010–0077. United States in order to prevent the Signed in Washington, DC, on October 19, introduction of various animal diseases, 2010. Reading Room: You may read any comments that we receive on this including rinderpest and FMD. Section Carolyn B. Cooksie, docket in our reading room. The reading 94.1 of the regulations lists regions of Administrator, Farm Service Agency. room is located in room 1141 of the the world that are considered free of [FR Doc. 2010–26869 Filed 10–22–10; 8:45 am] USDA South Building, 14th Street and rinderpest and FMD. Japan has been BILLING CODE 3410–05–P Independence Avenue, SW., listed in § 94.1 as a region considered Washington, DC. Normal reading room free of rinderpest and FMD. Section hours are 8 a.m. to 4:30 p.m., Monday 94.11 lists regions of the world DEPARTMENT OF AGRICULTURE through Friday, except holidays. To be considered free of rinderpest and FMD sure someone is there to help you, but from which the importation of meat Animal and Plant Health Inspection and other animal products into the Service please call (202) 690–2817 before coming. United States is subject to additional restrictions because of those regions’ 9 CFR Part 94 Other Information: Additional information about APHIS and its proximity to or trading relationships programs is available on the Internet at with FMD-affected regions. Japan has [Docket No. APHIS–2010–0077] http://www.aphis.usda.gov. been listed in § 94.11 as one of the regions from which meat and other FOR FURTHER INFORMATION CONTACT: Dr. Change in Disease Status of Japan animal products of ruminants and swine Because of Foot-and-Mouth Disease Kelly Rhodes, Senior Staff Veterinarian, are subject to additional restrictions. Regionalization Evaluation Services— On April 20, 2010, the Ministry of AGENCY: Animal and Plant Health Import, National Center for Import and Agriculture, Forestry, and Fisheries of Inspection Service, USDA. Export, VS, APHIS, 4700 River Road Japan reported an outbreak of FMD in ACTION: Interim rule and request for Unit 38, Riverdale, MD 20737–1231; that country to the World Organization comments. (301) 734–4356. for Animal Health (OIE). In response, SUPPLEMENTARY INFORMATION: APHIS administratively issued SUMMARY: We are amending the Background temporary restrictions on commodities regulations governing the importation of from Japan that could harbor FMD virus. certain animals, meat, and other animal Foot-and-mouth disease (FMD) is a Since that date, Japan has reported FMD products by removing Japan from the severe and highly contagious viral on a total of 292 premises. No new cases list of regions considered to be free of infection affecting cloven-hoofed have been diagnosed since July 4, 2010. foot-and-mouth disease (FMD) and also ruminants, including cattle, deer, goats, We are amending the regulations in from the list of FMD-free regions that sheep, swine, and other animals. The § 94.1(a)(1) to remove Japan from the list are subject to certain import restrictions disease is highly communicable and is of regions free of rinderpest and FMD on meat and meat products because of characterized by fever and blister-like and are amending the regulations in their proximity to or trading lesions on the tongue and lips, in the § 94.1(a)(3) to add Japan to the list of relationships with FMD- or rinderpest- mouth, on the teats, and between the regions free of rinderpest. We are also affected countries. We are taking this hooves. It causes severe losses in the amending the regulations in § 94.11 to action because the existence of FMD has production of meat, milk, and other remove Japan from the list of regions been confirmed in Japan. This action dairy products. Although many animals considered free of rinderpest and FMD restricts the importation of ruminants survive the disease, it leaves them but from which the importation of meat and swine and the fresh meat and other debilitated. FMD is endemic to more and other animal products of ruminants animal products of ruminants and swine than two-thirds of the world and is and swine into the United States is from that country and is necessary to considered to be widespread in parts of subject to additional restrictions. prevent the introduction of FMD into Africa, Asia, Europe, and South Additionally, we are making a the United States. America. Because of the highly nonsubstantive change to § 94.27 to DATES: This interim rule is effective communicable nature of FMD, it is clarify our intent regarding that section. October 25, 2010. However, we are necessary to protect livestock that are The provisions of § 94.27 allow the imposing this restriction retroactively to free of the disease from any animals, importation from Japan of whole cuts of April 20, 2010. We will consider all animal products, or other articles that boneless beef derived from cattle that comments that we receive on or before might be contaminated with the FMD meet specified conditions to mitigate December 27, 2010. virus. the risk of introducing bovine

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spongiform encephalopathy (BSE) into will publish another document in the PART 94—RINDERPEST, FOOT-AND- the United States. The introductory text Federal Register. The document will MOUTH DISEASE, EXOTIC in § 94.27 indicates that beef meeting include a discussion of any comments NEWCASTLE DISEASE, AFRICAN the conditions of that section is eligible we receive and any amendments we are SWINE FEVER, CLASSICAL SWINE for importation into the United States, making to the rule. FEVER, SWINE VESICULAR DISEASE, notwithstanding any other provisions of Executive Order 12866 and Regulatory AND BOVINE SPONGIFORM part 94. Interpreted literally, that Flexibility Act ENCEPHALOPATHY: PROHIBITED wording would supersede the AND RESTRICTED IMPORTATIONS prohibitions being imposed by this This interim rule is subject to interim rule with regard to FMD. Executive Order 12866. However, for ■ 1. The authority citation for part 94 However, that is not our intent. When this action, the Office of Management continues to read as follows: § 94.27 was added to the regulations in and Budget has waived its review under Authority: 7 U.S.C. 450, 7701–7772, 7781– 2005, the intent behind the Executive Order 12866. 7786, and 8301–8317; 21 U.S.C. 136 and ‘‘notwithstanding’’ wording was to In accordance with the Regulatory 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and reflect our determination that qualifying Flexibility Act, we have analyzed the 371.4. potential economic effects of this action beef from Japan could be safely 94.1 [Amended] imported into the United States with on small entities. This interim rule is regard to BSE, even though Japan was not expected to have an immediate or ■ 2. Section 94.1 is amended as follows: listed in § 94.18 as a country in which significant economic impact on small ■ a. In paragraph (a)(2), by removing the BSE exists. To clarify that intent, we are entities producing beef and swine word ‘‘Japan,’’. revising the introductory text of § 94.27 products in the United States. As cattle ■ b. In paragraph (a)(3), by adding the to indicate that section is applicable and swine in Japan are culled due to the word ‘‘Japan,’’ immediately before the notwithstanding any provisions of FMD outbreak there and supplies of beef word ‘‘Namibia’’. and pork products become tighter in § 94.18. However, any other applicable 94.11 [Amended] restrictions set forth in part 94 still Japan, there may be an increase in the apply and the importation of any fresh demand for U.S. beef and pork products. ■ 3. In § 94.11, paragraph (a) is amended beef from Japan is prohibited as long as With regard to imports, beef imported by removing the word ‘‘Japan,’’. from Japan is a unique product that Japan is not listed as a country free of § 94.27 [Amended] serves a high-priced specialty market. FMD. ■ Although we are removing Japan from Although entities that purchase beef 4. In § 94.27, the introductory text is the list of regions considered free of from Japan will be affected by this rule, amended by removing the words ‘‘ rinderpest and FMD, we recognize that farms in the United States that raise Notwithstanding any other provisions ’’ the Ministry of Agriculture, Forestry, cattle for this type of beef may benefit of this part, and adding in their place ‘‘ and Fisheries of Japan has responded to from the prohibition on imports of beef the words Notwithstanding the the detection of FMD by imposing from Japan. We invite comment on our provisions of § 94.18,’’. restrictions on the movement of full economic analysis, which is posted Done in Washington, DC, this 19th day of ruminants, swine, and ruminant and with this interim rule on the October 2010. swine products from FMD-affected Regulations.gov Web site (see Kevin Shea, areas; by conducting heightened ADDRESSES above for instructions for Acting Administrator, Animal and Plant surveillance activities; and by initiating accessing Regulations.gov) and may also Health Inspection Service. measures to eradicate the disease. As be obtained from the person listed [FR Doc. 2010–26849 Filed 10–22–10; 8:45 am] noted above, no new cases of FMD have under FOR FURTHER INFORMATION BILLING CODE 3410–34–P been diagnosed in Japan since July 4, CONTACT. 2010. We intend to reassess this Executive Order 12988 situation at a future date in accordance ENVIRONMENTAL PROTECTION This rule has been reviewed under with the standards of the OIE. As part AGENCY of that reassessment process, we will Executive Order 12988, Civil Justice consider all comments received on this Reform. This rule: (1) Preempts all State 40 CFR Part 271 interim rule. The future reassessment and local laws and regulations that are [EPA–R06–RCRA–2009–0343 FRL–9217–2] will determine whether we can restore inconsistent with this rule; (2) has retroactive effect to April 20, 2010; and Japan to the list of regions in which New Mexico: Final Authorization of (3) does not require administrative FMD is not known to exist. State Hazardous Waste Management proceedings before parties may file suit Program Revision Emergency Action in court challenging this rule. This rulemaking is necessary on an Paperwork Reduction Act AGENCY: Environmental Protection emergency basis to prevent the Agency (EPA). This interim rule contains no introduction of FMD into the United ACTION: Immediate final rule. States. Under these circumstances, the information collection or recordkeeping Administrator has determined that prior requirements under the Paperwork SUMMARY: The State of New Mexico has notice and opportunity for public Reduction Act of 1995 (44 U.S.C. 3501 applied to the EPA for final comment are contrary to the public et seq.). authorization of changes to its interest and that there is good cause List of Subjects in 9 CFR Part 94 hazardous waste program under the under 5 U.S.C. 553 for making this rule Resource Conservation and Recovery effective less than 30 days after Animal diseases, Imports, Livestock, Act (RCRA). The EPA has determined publication in the Federal Register. Meat and meat products, Milk, Poultry that these changes satisfy all We will consider comments we and poultry products, Reporting and requirements needed to qualify for final receive during the comment period for recordkeeping requirements. authorization, and is authorizing the this interim rule (see DATES above). ■ Accordingly, we are amending 9 CFR State’s changes through this immediate After the comment period closes, we part 94 as follows: final action. The EPA is publishing this

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rule to authorize the changes without a comment due to technical difficulties borders (except in Indian Country) and prior proposal because we believe this and cannot contact you for clarification, for carrying out the aspects of the RCRA action is not controversial and do not the EPA may not be able to consider program described in its revised expect comments that oppose it. Unless your comment. Electronic files should program application, subject to the we receive written comments, which avoid the use of special characters, any limitations of the Hazardous and Solid oppose this authorization during the form of encryption, and be free of any Waste Amendments of 1984 (HSWA). comment period, the decision to defects or viruses. You can view and New Federal requirements and authorize New Mexico’s changes to its copy New Mexico’s application and prohibitions imposed by Federal hazardous waste program will take associated publicly available materials regulations that the EPA promulgates effect. If we receive comments that from 8:30 a.m. to 4 p.m. Monday under the authority of HSWA take effect oppose this action, we will publish a through Friday at the following in authorized States before they are document in the Federal Register locations: New Mexico Environment authorized for the requirements. Thus, withdrawing this rule before it takes Department, 2905 Rodeo Park Drive the EPA will implement those effect, and a separate document in the East, Building 1, Santa Fe, New Mexico requirements and prohibitions in New proposed rules section of this Federal 87505–6303, phone number (505) 476– Mexico including issuing permits, until Register will serve as a proposal to 6035 and EPA, Region 6, 1445 Ross the State is granted authorization to do authorize the changes. Avenue, Dallas, Texas 75202–2733, so. phone number (214) 665–8533. DATES: This final authorization will C. What is the effect of today’s Interested persons wanting to examine become effective on December 27, 2010 authorization decision? unless the EPA receives adverse written these documents should make an comment by November 24, 2010. If the appointment with the office at least two The effect of this decision is that a EPA receives such comment, it will weeks in advance. facility in New Mexico subject to RCRA publish a timely withdrawal of this FOR FURTHER INFORMATION CONTACT: will now have to comply with the immediate final rule in the Federal Alima Patterson Region 6 Regional authorized State requirements instead of Register and inform the public that this Authorization Coordinator, State/Tribal the equivalent Federal requirements in authorization will not take effect. Oversight Section (6PD–O), Multimedia order to comply with RCRA. New Mexico has enforcement responsibilities ADDRESSES: Submit your comments by Planning and Permitting Division, (214) under its State hazardous waste program one of the following methods: 665–8533), EPA Region 1445 Ross for violations of such program, but the 1. Federal eRulemaking Portal: http:// Avenue, Dallas, Texas 75202–2733, and EPA retains its authority under RCRA www.regulations.gov. Follow the online e-mail address sections 3007, 3008, 3013, and 7003, instructions for submitting comments. [email protected]. which include, among others, authority 2. E-mail: [email protected]. SUPPLEMENTARY INFORMATION: 3. Mail: Alima Patterson, Region 6, to: • Do inspections, and require Regional Authorization Coordinator, A. Why are revisions to state programs necessary? monitoring, tests, analyses, or reports; State/Tribal Oversight Section (6PD–O), • Enforce RCRA requirements and Multimedia Planning and Permitting States which have received final suspend or revoke permits; and Division, EPA Region 6, 1445 Ross authorization from the EPA under RCRA • Take enforcement actions regardless Avenue, Dallas, Texas 75202–2733. section 3006(b), 42 U.S.C. 6926(b), must of whether New Mexico has taken its 4. Hand Delivery or Courier: Deliver maintain a hazardous waste program own actions. your comments to Alima Patterson, that is equivalent to, consistent with, This action does not impose Region 6, Regional Authorization and no less stringent than the Federal additional requirements on the Coordinator, State/Tribal Oversight program. As the Federal program regulated community because the Section (6PD–O), Multimedia Planning changes, States must change their regulations for which New Mexico is and Permitting Division, EPA Region 6, programs and ask the EPA to authorize being authorized by today’s action are 1445 Ross Avenue, Dallas, Texas 75202– the changes. Changes to State programs already effective under State law, and 2733. may be necessary when Federal or State are not changed by today’s action. 5. Instructions: Do not submit statutory or regulatory authority is information that you consider to be CBI modified or when certain other changes D. Why wasn’t there a proposed rule or otherwise protected through occur. Most commonly, States must before today’s rule? regulations.gov, or e-mail. The Federal change their programs because of The EPA did not publish a proposal regulations.gov Web site is an changes to the EPA’s regulations in 40 before today’s rule because we view this ‘‘anonymous access’’ system, which Code of Federal Regulations (CFR) parts as a routine program change and do not means the EPA will not know your 124, 260 through 266–268, 270, 273, and expect comments that oppose this identity or contact information unless 279. approval. We are providing an you provide it in the body of your opportunity for public comment now. In B. What decisions have we made in this comment. If you send an e-mail addition to this rule, in the proposed rule? comment directly to the EPA without rules section of today’s Federal Register going through regulations.gov, your e- We conclude that New Mexico’s we are publishing a separate document mail address will be automatically application to revise its authorized that proposes to authorize the State captured and included as part of the program meets all of the statutory and program changes. comment that is placed in the public regulatory requirements established by docket and made available on the RCRA. Therefore, we grant New Mexico E. What happens if the EPA receives Internet. If you submit an electronic final authorization to operate its comments that oppose this action? comment, the EPA recommends that hazardous waste program with the If the EPA receives comments that you include your name and other changes described in the authorization oppose this authorization, we will contact information in the body of your application. New Mexico has withdraw this rule by publishing a comment and with any disk or CD–ROM responsibility for permitting treatment, document in the Federal Register before you submit. If the EPA cannot read your storage, and disposal facilities within its the rule becomes effective. The EPA will

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base any further decision on the NMED is the sole agency responsible for Region 6 has determined that the State’s authorization of the State program the HWMP. aerosol can provisions can be changes on the proposal mentioned in The NMED petitioned the New recognized as part of the State’s the previous paragraph. We will then Mexico Environmental Improvement authorized program. address all public comments in a later Board (EIB) to amend the HWMR, 20.4.1 20.4.1.1001.C—New Mexico has final rule. You may not have another for the EPA Federal rules promulgated adopted an extensive revision to their opportunity to comment. If you want to from July 1, 2002, through July 1, 2008. universal waste program which would comment on this authorization, you The EIB adopted the amendments to the allow the intentional breaking and must do so at this time. If we receive Hazardous Waste Management crushing of universal waste lamps in comments that oppose only the Regulations (HWMR) on November 3, order to reduce their volume to facilitate authorization of a particular change to 2008, and these amendments became management or transport to destination the State hazardous waste program, we permanent rules effective March 1, facilities. The State’s regulations also will withdraw only that part of this rule, 2009. include specific requirements with but the authorization of the program Thus, 20.4.1 NMAC provides which the regulated community must changes that the comments do not equivalent and no less stringent comply. Further analysis will be oppose will become effective on the authority than the adoption of Federal performed to determine if the breaking date specified above. The Federal RCRA Subtitle C program in effect and crushing of universal waste lamps Register withdrawal document will through July 1, 2008. This is the version will be authorized as part of the State’s specify which part of the authorization that is referred to in the Attorney authorized program. Therefore, the EPA will become effective, and which part is General’s Statement and Certification has determined that these requirements being withdrawn. submitted with this program revision. are not part of the State’s authorized The 20 NMAC 4.1 became effective on program. The lamp crushing provisions F. For what has New Mexico previously March 1, 2009. New Mexico Statutes are excluded from this authorization. been authorized? Annotated (NMAC) 1978 Sections 74–4– Performance Track (Non-HSWA) The State of New Mexico initially 4A(1) and 74–4–4F (2002) provides New (Revision Checklist 204; 69 FR 21737, received final authorization on January Mexico with authority to adopt Federal 4/24/04, as amended at 69 FR 62217, 25, 1985 (50 FR 1515) to implement its regulations by reference with exceptions 10/24/04). In New Mexico’s Program base hazardous waste management to federal rules that are not delegated to Revision Application package for RCRA program. New Mexico received the State of New Mexico. Since the Clusters XIII through XVIII, the State authorization for revisions to its latest authorization the scope, structure, indicates that it is seeking authorization program on February 9, 1990 (55 FR coverage, and processes have not for the Performance Track program, as 4604) effective April 10, 1990; March materially changed. addressed by Revision Checklist 204. 19, 1990 (55 FR 10076); July 11, 1990 New Mexico, through the HWMR, has However, on March 16, 2009, EPA (55 FR 28397) effective July 25, 1990; incorporated by reference the following announced its intention to halt and October 5, 1992 (57 FR 45717) effective federal RCRA regulations as amended review the National Performance Track December 4, 1992; June 9, 1994 (59 FR through July 1, 2008: 40 CFR parts 260– Program. Therefore, EPA Region 6 has 29734) effective August 23, 1994; 270, 40 CFR part 270; 40 CFR part 273; decided to exclude this rule from this October 7, 1994 (59 FR 51122) effective and 40 CFR part 279 with the exception authorization document. The EPA is December 21, 1994; April 25, 1995 (60 of 40 CFR 260.1(b)(6), 260.20, 260.22, also excluding from this authorization FR 20238) effective July 10, 1995; (61 FR 260.30, 260.31, 260.32, 260.33, document, the specific Performance 2450) January 2, 1996; December 23, 263.20(e), 264.1(f), 264.149, 264.150, Track provisions addressed by the 1996 (61 FR 67474) effective March 10, 264.301(l), 264.1030(d), 264.1050(g), Burden Reduction Initiative Rule (71 FR 1997 and August 10, 2001 (66 FR 42140) 264.1080(e), 264.1080(f), 264.1080(g), 16862; 04/04/06; Revision Checklist effective October 9, 2001 and (72 FR 265.1(c)(4), 265.149, 265.150, 213). 46165) effective October 16, 2007. The 265.1030(c), 265.1050(f), 265.1080(e), G. What changes are we authorizing authorized New Mexico RCRA program 265.1080(f), 265.1080(g); 268.5, 268.6, with today’s action? was incorporated by reference to the 268.42(b), 268.44(a) through (g). New CFR, effective December 13, 1993 (58 FR Mexico has incorporated by reference 40 On May 21, 2009, New Mexico 52677); November 18, 1996 (61 FR CFR part 124, sections 124.31, 124.32, submitted a final complete program 49265); July 13, 1998 (63 FR 23221); and 124.33 with exception to 40 CFR revision application, seeking effective October 27, 2003, and March parts 124.1 and 124.2. Also, it has authorization of their changes in 25, 2009, (74 FR 12625); effective May adopted regulations at 20.4.1.901 accordance with 40 CFR 271.21. We 26, 2009. On May 21, 2009 New Mexico NMAC, Permitting Procedures, that are now make an immediate final decision, submitted a final complete program equivalent to and no less stringent than subject to receipt of written comments revision application seeking the procedures of 40 CFR part 124 and that oppose this action, that New authorization of its program revision in required by 40 CFR 271.14. Mexico’s hazardous waste program accordance with 40 CFR 271.21. The State of New Mexico has added revision satisfies all of the requirements New Mexico statutes provide regulations 20.4.1.1001.A(1), A(3), & .D necessary to qualify for Final authority for the NMED to administer requirements for aerosol cans as authorization. Therefore, we grant the the provisions of the State Hazardous universal waste. An EPA memo dated State of New Mexico Final authorization Waste Management Program (HWMP). February 13, 1997 (from Mike Shapiro for the following changes: The State of The New Mexico Environmental to Senior RCRA Policy Managers in the New Mexico’s program revisions consist Improvement Act (EIA), NMSA 1978, EPA Regions), indicates that States that of regulations which specifically govern Sections 74–1–1 through 74–1–14 and are already authorized for the universal Federal Hazardous Waste revisions the New Mexico Hazardous Waste Act waste rule may add additional wastes promulgated from July 1, 2002 through (HWA) provide this authority. No that meet the criteria for universal waste July 1, 2008 (RCRA Clusters XIII–XVIII). amendments have been made to the EIA to their program. Such state-only wastes The State of New Mexico requirements or HWA that affect the ability of the may be recognized as part of the State’s are included in a chart with this NMED to administer the HWMP. The authorized program; therefore, EPA document.

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Description of Federal requirement (include Federal Register date and page (and/or checklist number, if relevant) RCRA statutory authority Analogous State authority

1. Zinc Fertilizer Rule. (Checklist 200) ...... 67 FR 48393–48415, July 24, 2002 ...... New Mexico Statute Annotated (NMSA) 1978, Section 74–4–1. Hazardous Waste Regula- tions (HWMR), New Mexico Environmental Improvement Board, 20 NMAC, 20.4.1. 200, 20.4.1.700, and 20.4.1.800 as amended No- vember 3, 2008, effective March 1, 2009. 2. Treatment Variance for Radioactively Con- 67 FR 62618–62624, October 7, 2002 ...... New Mexico Statute Annotated (NMSA) 1978, taminated Batteries. (Checklist 201). Section 74–4–1. Hazardous Waste Regula- tions (HWMR), New Mexico Environmental Improvement Board, 20 NMAC, 20.4.1.800, as amended November 3, 2008, effective March 1, 2009. 3. Hazardous Air Pollutant Standards for Com- 67 FR 77687–77692, December 19, 2002 ...... New Mexico Statute Annotated (NMSA) 1978, bustors-Corrections 2. (Checklist 202). Section 74–4–1. Hazardous Waste Regula- tions (HWMR), New Mexico Environmental Improvement Board, 20 NMAC, 20.4.1.900, as amended November 3, 2008, effective March 1, 2009. 4. Recycled Used Oil Management Standards; 68 FR 44659–44665, July 30, 2003 ...... New Mexico Statute Annotated (NMSA) 1978, Clarification. (Checklist 203). Sections74–4–1. Hazardous Waste Regula- tions (HWMR), New Mexico Environmental Improvement Board, 20 NMAC, 20.4.1.200 and 20.4.1.1002, as amended November 3, 2008, effective March 1, 2009. 5. NESHAP: Surface Coating of Automobiles 69 FR 22601–22661, April 26, 2004 ...... New Mexico Statute Annotated (NMSA) 1978, and Light-Duty Trucks. (Checklist 205). Section 74–4–1. Hazardous Waste Regula- tions (HWMR), New Mexico Environmental Improvement Board, 20 NMAC, 20.4.1.500 and 20.4.1.600, as amended November 3, 2008, effective March 1, 2009. 6. Nonwastewaters from Dyes and Pigments. 70 FR 9138–9180, February 24, 2005 ...... New Mexico Statute Annotated (NMSA) 1978, (Checklist 206). Section 74–4–1. Hazardous Waste Regula- tions (HWMR), New Mexico Environmental Improvement Board, 20 NMAC, 20.4.1.200 and 20.4.1.800, as amended November 3, 2008, effective March 1, 2009. 7. Uniform Hazardous Waste Manifest Rule. 70 FR 10776–10825, March 4, 2005 ...... New Mexico Statute Annotated (NMSA) 1978, (Checklist 207). Section 74–4–1. Hazardous Waste Regula- tions (HWMR), New Mexico Environmental Improvement Board, 20 NMAC, 20.4.1.100, 20.4.1.200, 20.4.1.300, 20.4.1.400, 20.4.1.500, and 20.4.1.600, as amended November 3, 2008, effective March 1, 2009. 8. Methods Innovation Rule and SW–846 Final 70 FR 34538–34592, June 14, 2005 ...... New Mexico Statute Annotated (NMSA) 1978, Update IIIB. (Checklist 208). Section 74–4–1. Hazardous Waste Regula- tions (HWMR), New Mexico Environmental Improvement Board, 20 NMAC, 20.4.1.100, 20.4.1.200, 20.4.1.500, 20.4.1.600, 20.4.1.700, 20.4.1.800, 20.4.1.900 and 20.4.1.1002, as amended November 3, 2008, effective March 1, 2009. 9. Universal Waste Rule: Specific Provisions 70 FR 45508–45522, August 5, 2005 ...... New Mexico Statute Annotated (NMSA) 1978, for Mercury Containing Equipment. (Check- Section 74–4–1. Hazardous Waste Regula- list 209). tions (HWMR), New Mexico Environmental Improvement Board, 20 NMAC, 20.4.1.100, 20.4.1.200, 20.4.1.500, 20.4.1.600.4.1.800, 20.4.1.900, and 20.4.1.1000, as amended November 3, 2008, effective March 1, 2009. 10. Revisions of Wastewater Treatment Ex- 70 FR 57769–57785, October 4, 2005 ...... New Mexico Statute Annotated (NMSA) 1978, emptions for Hazardous Waste Mixture Section 74–4–1. Hazardous Waste Regula- (‘‘Headworks exemptions’’). (Checklist 211). tions (HWMR), New Mexico Environmental Improvement Board, 20 NMAC, 20.4.1.200, as amended November 3, 2008, effective March 1, 2009. 11. NESHAP: Final Standards for Hazardous 70 FR 59402–59579, October 12, 2005 ...... New Mexico Statute Annotated (NMSA) 1978, Waste Combustors (Phase I Final Replace- Section 74–4–1. Hazardous Waste Regula- ment Standards and Phase II). (Checklist tions (HWMR), New Mexico Environmental 212). Improvement Board, 20 NMAC, 20.4.1.100, 20.4.1.500, 20.4.1.600, 20.4.1.700, and 20.4.1.900, as amended November 3, 2008, effective March 1, 2009.

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Description of Federal requirement (include Federal Register date and page (and/or checklist number, if relevant) RCRA statutory authority Analogous State authority

12. Burden Reduction Initiative. (Checklist 213) 71 FR 16862–16915, April 4, 2006 ...... New Mexico Statute Annotated (NMSA) 1978, Section 74–4–1. Hazardous Waste Regula- tions (HWMR), New Mexico Environmental Improvement Board, 20 NMAC, 20.4.1.100, 20.4.1.200, 20.4.1.500, 20.4.1.501 (except .501.A(2)), 20.4.1.600, 20.4.1.601, 20.4.1.700, 20.4.1.701, 20.4.1.800, and 20.4.1.902, as amended November 3, 2008, effective March 1, 2009. Note: As discussed in Section F, the EPA is excluding from this authorization the Per- formance Track provisions addressed by this final rule. 13. Corrections to Errors in the Code of Fed- 71 FR 40254–40280, July 14, 2006 ...... New Mexico Statute Annotated (NMSA) 1978, eral Regulations. (Checklist 214). Sections 74–4–1. Hazardous Waste Regu- lations (HWMR), New Mexico Environ- mental Improvement Board, 20 NMAC, 20.4.1.100, 20.4.1.200, 20.4.1.300, 20.4.1.500, 20.4.1.600, 20.4.1.601, 20.4.1.700, 20.4.1.800, 20.4.1.900 20.4.1.1000, and 20.4.1.1002 as amended November 3, 2008, effective March 1, 2009. 14. Cathode Ray Tubes Rule. (Checklist 215) 71 FR 42928–42949, July 28, 2006 ...... New Mexico Statute Annotated (NMSA) 1978, Section 74–4–1. Hazardous Waste Regula- tions (HWMR), New Mexico Environmental Improvement Board, 20 NMAC, 20.4.1.100, and 20.4.1.200, as amended November 3, 2008, effective March 1, 2009. 15. Exclusion of Oil-Bearing Secondary Mate- 73 FR 57–72, January 2, 2008 ...... New Mexico Statute Annotated (NMSA) 1978, rials Processed in a Gasification System to Section 74–4–1. Hazardous Waste Regula- Produce Synthesis. (Checklist 216). tions (HWMR), New Mexico Environmental Improvement Board, 20 NMAC, 20.4.1.100, and 20.4.1.200, as amended November 3, 2008, effective March 1, 2009. 16. NESHAP: Final Standards for Hazardous 73 FR 18970–18984, April 8, 2008 ...... New Mexico Statute Annotated (NMSA) 1978, Waste Combustors (Phase I Final Replace- Section 74–4–1. Hazardous Waste Regula- ment Standards and Phase II) Amendments. tions (HWMR), New Mexico Environmental (Checklist 217). Improvement Board, 20 NMAC, 20.4.1.500, as amended November 3, 2008, effective March 1, 2009. 17. F019 Exemption for Wastewater Treatment 73 FR 31756–31769, June 4, 2008 ...... New Mexico Statute Annotated (NMSA) 1978, Sludges from Auto Manufacturing Zinc Section 74–4–1. Hazardous Waste Regula- Phosphating Processes. (Checklist 218). tions (HWMR), New Mexico Environmental Improvement Board, 20 NMAC, 20.4.1.200, as amended November 3, 2008, effective March 1, 2009.

H. Where are the revised state rules more new permits or new portions of changes until a later date. In this different from the Federal rules? permits for the provisions listed in the authorization application the EPA is not Table in this document after the codifying the rules documented in this The State of New Mexico more effective date of this authorization. The Federal Register notice. stringent regulations are at Sections EPA will continue to implement and K. Statutory and Executive Order 20.4.1.701 and 20.4.1.902. The State’s issue permits for HSWA requirements Reviews more stringent regulations corresponds for which New Mexico is not yet to Federal regulations 40 CFR authorized. The Office of Management and Budget 266.102(e)(10) and 270.14(a). There are (OMB) has exempted this action from no broader in scope provisions in this J. What is codification and is the EPA the requirements of Executive Order authorization document. codifying New Mexico’s hazardous 12866 (58 FR 51735, October 4, 1993), waste program as authorized in this and therefore this action is not subject I. Who handles permits after the rule? authorization takes effect? to review by OMB. This action Codification is the process of placing authorizes State requirements for the New Mexico will issue permits for all the State’s statutes and regulations that purpose of RCRA 3006 and imposes no the provisions for which it is authorized comprise the State’s authorized additional requirements beyond those and will administer the permits it hazardous waste program into the CFR. imposed by State law. Accordingly, I issues. The EPA will continue to We do this by referencing the certify that this action will not have a administer any RCRA hazardous waste authorized State rules in 40 CFR part significant economic impact on a permits or portions of permits, which 272. We reserve the amendment of 40 substantial number of small entities we issued prior to the effective date of CFR part 272; subpart GG for this under the Regulatory Flexibility Act (5 this authorization. We will not issue any authorization of New Mexico’s program U.S.C. 601 et seq.). Because this action

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authorizes preexisting requirements and Avoidance of Unanticipated Acquisition Regulation Supplement under State law and does not impose Takings’’ issued under the Executive (DFARS) to implement section 3504 of any additional enforceable duty beyond Order. This rule does not impose an the National Defense Authorization Act that required by State law, it does not information collection burden under the for Fiscal Year 2009. Section 3504 contain any unfunded mandate or provisions of the Paperwork Reduction addresses requirements that apply to significantly or uniquely affect small Act of 1995 (44 U.S.C. 3501 et seq.). The riding gang members and DoD- governments, as described in the Congressional Review Act, 5 U.S.C. 801 exempted individuals who perform Unfunded Mandates Reform Act of 1995 et seq., as added by the Small Business work on U.S.-flag vessels under DoD (Pub. L. 104–4). For the same reason, Regulatory Enforcement Fairness Act of contracts for transportation services. this action also does not significantly or 1996, generally provides that before may Section 3504 amended section 1018 of uniquely affect the communities of take effect, the agency promulgating the the National Defense Authorization Act Tribal governments, as specified by rule a rule must submit a report, which for Fiscal Year 2007. Executive Order 13175 (65 FR 67249, includes a copy of the rule, to each DATES: Effective date: October 25, 2010. November 9, 2000). This action will not House of the Congress and to the Comment date: Comments on this have substantial direct effects on the Comptroller General of the United interim rule should be submitted in States, on the relationship between the States. The EPA will submit a report writing to the address shown below on national government and the States, or containing this document and other or before December 27, 2010 to be on the distribution of power and required information to the U.S. Senate, considered in the formation of the final responsibilities among the various the U.S. House of Representatives, and rule. the Comptroller General of the United levels of government, as specified in ADDRESSES: You may submit comments, Executive Order 13132 (64 FR 43255, States prior to publication in the identified by DFARS Case 2007–D002, August 10, 1999), because it merely Federal Register. A major rule cannot using any of the following methods: authorizes State requirements as part of take effect until 60 days after it is Æ Federal eRulemaking Portal: the State RCRA hazardous waste published in the Federal Register. http://www.regulations.gov. Follow the This action is not a ‘‘major rule’’ as program without altering the instructions for submitting comments. relationship or the distribution of power defined by 5 U.S.C. 804(2). This action Æ E-mail: [email protected]. Include and responsibilities established by will be effective December 27, 2010. DFARS Case 2007–D002 in the subject RCRA. This action also is not subject to List of Subjects in 40 CFR Part 271 line of the message. Executive Order 13045 (62 FR 19885, Æ Environmental protection, Fax: 703–602–0350. April 23, 1997), because it is not Æ Mail: Defense Acquisition Administrative practice and procedure, economically significant and it does not Confidential business information, Regulations System, Attn: Ms. Mary make decisions based on environmental Hazardous waste, Hazardous waste Overstreet, OUSD (AT&L) DPAP/DARS, health or safety risks. This rule is not transportation, Indian lands, 3060 Defense Pentagon, Room 3B855, subject to Executive Order 13211, Intergovernmental relations, Penalties, Washington, DC 20301–3060. Comments received generally will be ‘‘Actions Concerning Regulations That Reporting and recordkeeping Significantly Affect Energy Supply, requirements. posted without change to http:// Distribution, or Use’’ (66 FR 28355 (May www.regulations.gov, including any 22, 2001)) because it is not a significant Authority: This action is issued under the personal information provided. regulatory action under Executive Order authority of sections 2002(a), 3006, and To confirm receipt of your 7004(b) of the Solid Waste Disposal Act as 12866. amended 42 U.S.C. 6912(a), 6926, 6974(b). comment(s), please check http:// www.regulations.gov approximately two Under RCRA 3006(b), the EPA grants Dated: October 12, 2010. a State’s application for authorization as to three days after submission to verify Al Armendariz, long as the State meets the criteria posting (except allow 30 days for required by RCRA. It would thus be Regional Administrator, Region 6. posting of comments submitted by inconsistent with applicable law for the [FR Doc. 2010–26962 Filed 10–22–10; 8:45 am] mail). EPA, when it reviews a State BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: Ms. authorization application, to require the Mary Overstreet, Defense Acquisition use of any particular voluntary Regulations System, OUSD (AT&L) consensus standard in place of another DEPARTMENT OF DEFENSE DPAP (DARS), 3060 Defense Pentagon, standard that otherwise satisfies the Room 3B855, Washington, DC 20301– Defense Acquisition Regulations requirements of RCRA. Thus, the 3060. Telephone 703–602–0311; System requirements of section 12(d) of the facsimile 703–602–0350. Please cite National Technology Transfer and DFARS Case 2007–D002. 48 CFR Parts 212, 247, and 252 Advancement Act of 1995 (15 U.S.C. SUPPLEMENTARY INFORMATION: 272 note) do not apply. As required by RIN 0750–AG81 section 3 of Executive Order 12988 (61 I. Background FR 4729, February 7, 1996), in issuing Defense Federal Acquisition This interim rule implements section this rule, the EPA has taken the Regulation Supplement; Defense 3504 of the National Defense necessary steps to eliminate drafting Cargo Riding Gang Members (DFARS Authorization Act for Fiscal Year 2009 errors and ambiguity, minimize Case 2007–D002) (Pub. L. 110–417). Section 3504 potential litigation, and provide a clear AGENCY: Defense Acquisition amended section 1018 of the National legal standard for affected conduct. The Regulations System, Department of Defense Authorization Act for Fiscal EPA has complied with Executive Order Defense (DoD). Year 2007 (Pub. L. 109–364). 12630 (53 FR 8859, March 15, 1988) by ACTION: Interim rule with request for Section 3504 addresses requirements examining the takings implications of comments. that apply to riding gang members and the rule in accordance with the DoD-exempted individuals who perform ‘‘Attorney General’s Supplemental SUMMARY: DoD is issuing an interim rule work on U.S.-flag vessels under DoD Guidelines for the Evaluation of Risk to amend the Defense Federal contracts for transportation services

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documented under chapter 121, title 46 from these requirements must pass a ■ 1. The authority citation for 48 CFR U.S.C. Such riding gang members must DoD background check before going parts 212, 247, and 252 continues to hold a U.S. Merchant Mariner’s aboard the vessel. With regard to these read as follows: Document issued under 46 U.S.C., exempt individuals, the contractor shall Authority: 41 U.S.C. 421 and 48 CFR chapter 73, or a transportation security submit the name and other necessary chapter 1. card issued under section 70105 of such identifying information for a title. Section 3504 also permits background check to the approving PART 212—ACQUISITION OF exemptions for certain individuals, official specified in the contract. COMMERCIAL ITEMS provided a background check of the DoD invites comments from small individual is conducted. businesses and other interested parties ■ 2. Section 212.301 is amended by U.S. law requires crews of on the impact of this rule on small adding paragraph (f)(xv) to read as predominantly U.S. citizens aboard entities. DoD also will consider follows: U.S.-flag vessels. For many years, comments from small entities foreign nationals have been utilized on concerning the affected DFARS subparts 212.301 Solicitation provisions and U.S.-flag vessels as members of ‘‘riding contract clauses for the acquisition of in accordance with 5 U.S.C. 610. commercial items. gangs’’ who perform work beyond Interested parties must submit such (f) * * * standard vessel maintenance and repair comments separately and should cite (xv) Use the clause at 252.247–7027, while ships are underway. In 2006, 5 U.S.C. 610 (DFARS Case 2007–D002) Riding Gang Member Requirements, as Congress prohibited the use of such in correspondence. foreign riding personnel on board prescribed in 247.574(f). vessels that are under contract with the IV. Paperwork Reduction Act PART 247—TRANSPORTATION DoD unless the DoD complied with The Paperwork Reduction Act does certain limitations. (The Coast Guard not apply because the rule does not and Maritime Transportation Act of ■ 3. Section 247.570 is amended by impose any information collection revising paragraph (a) to read as follows: 2006, Pub. L. 109–241.) The exceptions requirements that require the approval provided to DoD in 2006 did not match of the Office of Management and Budget 247.570 Scope. those applicable to other U.S.-flag under 44 U.S.C. 3501, et seq. * * * * * vessels. The Defense Authorization Act (a) Implements— of FY 2009 made it clear that the V. Determination To Issue an Interim Rule (1) The Cargo Preference Act of 1904 exceptions available to DoD are (‘‘the 1904 Act’’), 10 U.S.C. 2631, which complete exemptions both from the A determination has been made under applies to the ocean transportation of DoD-specific riding gang limitations and the authority of the Secretary of Defense cargo owned by, or destined for use by, those generally applicable to U.S.-flag (DoD) that urgent and compelling DoD; vessels. reasons exist to promulgate this interim (2) Section 1017 of the National Contracting officers are encouraged to rule without prior opportunity for Defense Authorization Act for Fiscal apply this rule to the maximum extent public comments. This action is Year 2007 (Pub. L. 109–364), which practicable to existing contracts, necessary to ensure contracts are requires consideration, in solicitations consistent with FAR 1.108(d). compliant with section 3504 of the DoD requiring a covered vessel, of the extent II. Executive Order 12866 Appropriations Act for Fiscal Year 2009 to which offerors have had overhaul, This rule was subject to Office of (Pub. L. 110–417), which requires repair, and maintenance work Management and Budget review under contractors to ensure that each riding performed in shipyards located in the Executive Order 12866, dated gang member holds a valid U.S. United States or Guam; and September 30, 1993. This is not a major Merchant Mariner’s Document issued (3) Section 3504 of the National rule under 5 U.S.C. 804. under 46 U.S.C. chapter 73, or a Defense Authorization Act for Fiscal transportation security card issued Year 2009 (Pub. L. 110–417), which III. Regulatory Flexibility Act under section 70105 of such title. addresses requirements that apply to DoD has prepared an initial regulatory Implementing language must be riding gang members and DoD- flexibility analysis consistent with published as quickly as possible to exempted individuals (see 252.247– 5 U.S.C. 603. A copy of the analysis may ensure that screening and security 7027(c)) who perform work on U.S.-flag be obtained from the point of contact requirements are met for riding gang vessels under DoD contracts for specified herein. The analysis is members who perform work on U.S.-flag transportation services documented summarized as follows: vessels under DoD contracts for under chapter 121, title 46 U.S.C. The objective of the rule is to provide transportation services documented * * * * * authorization, restrictions, and under chapter 121, title 46 U.S.C. ■ 4. Section 247.572 is amended by exemptions for the use of riding gang Pursuant to 41 U.S.C. 418b, DoD will adding paragraph (e) to read as follows: members on U.S.-flag vessels under consider public comments received in charter or contract to DoD for the response to this interim rule in the 247.572 Policy. carriage of DoD cargo. The requirements formation of the final rule. * * * * * (e) In accordance with section 3504 of of the rule will apply to entities List of Subjects in 48 CFR Parts 212, the National Defense Authorization Act interested in receiving DoD contracts for 247, and 252 carriage of DoD cargo. for Fiscal Year 2009 (Pub. L. 110–417), The rule requires the contractor to Government procurement. DoD may not award, renew or extend, ensure each riding gang member holds or exercise an option under a charter of, a valid U.S. Merchant Mariner’s Ynette R. Shelkin, or contract for carriage of cargo by, a Document issued under 46 U.S.C. Editor, Defense Acquisition Regulations U.S.-flag vessel documented under chapter 73, or a transportation security System. chapter 121 of title 46 U.S.C., unless the card issued under section 70105 of such ■ Therefore, 48 CFR parts 212, 247, and contract contains the clause at 252.247– title. Any individual who is exempt 252 are amended as follows: 7027.

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■ 5. Section 247.574 is amended by (End of clause) facsimile(703)602–0350. Please cite adding paragraph (f) to read as follows: [FR Doc. 2010–26721 Filed 10–22–10; 8:45 am] DFARS Case 2009–D002. BILLING CODE 5001–08–P 247.574 Solicitation provisions and SUPPLEMENTARY INFORMATION: contract clauses. A. Background * * * * * DEPARTMENT OF DEFENSE (f) Use the clause at 252.247–7027, This DFARS case is the companion Riding Gang Member Requirements, in Defense Acquisition Regulations case to FAR Case 2005–040 Electronic solicitations and contracts for the System Subcontracting Reporting System. This charter of, or contract for carriage of DFARS interim rule amends sections cargo by, a U.S.-flag vessel documented 48 CFR Parts 219 and 252 219.708 and 252.219 to provide DoD- under chapter 121 of title 46 U.S.C. specific procedures and policies related [DFARS Case 2009–D002] to DoD’s implementation of eSRS. PART 252—SOLICITATION PROVISIONS AND CONTRACT Defense Federal Acquisition B. Regulatory Flexibility Act CLAUSES Regulation Supplement; Electronic Subcontracting Reporting System DoD does not expect this rule to have a significant economic impact on a ■ 6. Section 252.247–7027 is added to AGENCY: Defense Acquisition substantial number of small entities read as follows: Regulations System, Department of within the meaning of the Regulatory Defense (DoD). 252.247–7027 Riding gang member Flexibility Act, 5 U.S.C. 601, et seq., requirements. ACTION: Interim rule with request for because small businesses are not comments. As prescribed in 247.574(f), use the required to have subcontracting plans and, therefore, are not required to use following clause: SUMMARY: This interim rule amends the eSRS to submit reports on their progress Defense Acquisition Regulation in achieving the goals in those plans. RIDING GANG MEMBER REQUIREMENTS Supplement (DFARS) to conform to the (OCT 2010) Federal Acquisition Regulation (FAR) Therefore, DoD has not performed an (a) Definition. Riding gang member, as used by providing Department of Defense initial regulatory flexibility analysis. in this clause, has the same definition as (DoD)-specific policy and procedures DoD invites comments from small ‘‘riding gang member’’ in title 46 U.S.C. 2101. business concerns and other interested (b) Requirements relating to riding gang related to the Electronic Subcontracting Reporting System (eSRS). The FAR has parties on the expected impact of this members. Notwithstanding 46 U.S.C. 8106, rule on small entities. the Contractor shall ensure each riding gang been revised to reflect use of the eSRS, member holds a valid U.S. Merchant rather than Standard Form 294— DoD will also consider comments Mariner’s Document issued under 46 U.S.C. Subcontract Report for Individual from small entities concerning the chapter 73, or a transportation security card Contracts, and Standard Form 295— existing regulations in subparts affected issued under section 70105 of such title. Summary Subcontract Report, for by this rule in accordance with 5 U.S.C. (c) Exemption. 610. Interested parties must submit such (1) An individual is exempt from the submission of small business requirements of paragraph (b) of this clause subcontract reports. comments separately and should cite and shall not be treated as a riding gang DATES: Effective date: October 25, 2010. 5 U.S.C. 610 DFARS Case 2009–D002 in member for the purposes of section 8106 of Comment date: Comments on the correspondence. title 46, if that individual is on a vessel for interim rule should be submitted in C. Paperwork Reduction Act purposes other than engaging in the writing to the address shown below on operation or maintenance of the vessel and or before December 27, 2010, to be This interim rule does not impose any is— new information collection (i) One of the personnel who accompanies, considered in the formation of the final supervises, guards, or maintains unit rule. requirements that require the approval equipment aboard a ship, commonly referred ADDRESSES: You may submit comments, of the Office of Management and Budget to as supercargo personnel; identified by DFARS Case 2009–D002, under 44 U.S.C. 3501, et seq. This rule (ii) One of the force protection personnel using any of the following methods: provides DoD instructions on how to of the vessel; Æ Federal eRulemaking Portal: http:// submit reports that are already required (iii) A specialized repair technician; or by the FAR and are covered under (iv) An individual who is otherwise www.regulations.gov. Follow the instructions for submitting comments. Office of Management and Budget required by the Secretary of Defense or Æ designee to be aboard the vessel. E-mail: [email protected]. Include Clearance Numbers 9000–0006 and (2) Any individual who is exempt under DFARS Case 2009–D002 in the subject 9000–0007. paragraph (c)(1) of this clause must pass a line of the message. D. Determination To Issue an Interim DoD background check before going aboard Æ Fax: 703–602–0350. Rule the vessel. With regard to these exempt Æ Mail: Defense Acquisition individuals, the Contractor shall submit the Regulations System, Attn: Ms. A determination has been made under name and other necessary identifying Cassandra R. Freeman, OUSD (AT&L) the authority of the Secretary of Defense information for a background check to the approving official specified in the contract. DPAP (DARS), 3060 Defense Pentagon, that urgent and compelling reasons exist The head of the contracting activity may Room 3B855, Washington, DC 20301– to publish an interim rule prior to waive this requirement if the individual 3060. affording the public an opportunity to possesses a valid U.S. Merchant Mariner’s All comments received will be posted comment. The FAR already requires the Document issued under 46 U.S.C., chapter to http://www.regulations.gov. use of eSRS for submission of 73, or a transportation security card issued FOR FURTHER INFORMATION CONTACT: Ms. subcontracting reports. This interim rule under section 70105 of such title. Cassandra R. Freeman, Defense provides to DoD contractors the DoD- (3) An individual exempted under paragraph (c)(1) of this clause is not treated Acquisition Regulations System, OUSD specific policies and procedures that as a riding gang member and shall not be (AT&L) DPAP (DARS), 3060 Defense they must follow in order to be able to counted as an individual in addition to the Pentagon, Room 3B855, Washington, DC submit subcontract reports using eSRS, crew for the purposes of 46 U.S.C. 3304. 20301–3060, Telephone 703–602–8383; as required by the FAR.

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List of Subjects in 48 CFR Parts 219 and ■ 4. Section 252.219–7003 is revised to Contractor shall notify the Administrative 252 read as follows: Contracting Officer of any substitutions of firms that are not small business firms, for Government procurement. 252.219–7003 Small business the small business firms specifically subcontracting plan (DoD contracts). identified in the subcontracting plan. Clare M. Zebrowski, As prescribed in 219.708(b)(1)(A)(1), Notifications shall be in writing and shall Editor, Defense Acquisition Regulations use the following clause: occur within a reasonable period of time after System. award of the subcontract. Contractor- ■ Therefore, 48 CFR parts 219 and 252 SMALL BUSINESS specified formats shall be acceptable. are amended as follows: SUBCONTRACTING PLAN (DoD (h)(1) For DoD, the Contractor shall submit ■ CONTRACTS) (OCT 2010) reports in eSRS as follows: 1. The authority citation for 48 CFR (i) The Individual Subcontract Report (ISR) parts 219 and 252 continues to read as This clause supplements the Federal shall be submitted to the contracting officer follows: Acquisition Regulation 52.219–9, Small at the procuring contracting office, even Business Subcontracting Plan, clause of this Authority: 41 U.S.C. 421 and 48 CFR when contract administration has been contract. chapter 1. delegated to the Defense Contract (a) Definitions. As used in this clause— Management Agency. Historically black colleges and universities (ii) An SSR for other than a commercial PART 219—SMALL BUSINESS means institutions determined by the PROGRAMS subcontracting plan, or construction and Secretary of Education to meet the related maintenance repair contracts, shall be requirements of 34 CFR Section 608.2. The submitted in eSRS to the department or ■ 2. Section 219.708 is amended by term also means any nonprofit research agency within DoD that administers the revising paragraph (b)(1) to read as institution that was an integral part of such majority of the Contractor’s individual a college or university before November 14, follows: subcontracting plans. An example would be 1986. Defense Finance and Accounting Service or 219.708 Contract clauses. Minority institutions means institutions meeting the requirements of Section 1046(3) Missile Defense Agency. (b)(1)(A) Use the clause at 252.219– (2) For DoD, the authority to acknowledge 7003, Small Business Subcontracting of the Higher Education Act of 1965 (20 U.S.C. 1135d–5(3)). The term also includes receipt or reject reports in eSRS is as follows: Plan (DoD Contracts)— Hispanic-serving institutions as defined in (i) The authority to acknowledge receipt or (1) In solicitations and contracts that Section 316(b)(1) of such Act (20 U.S.C. reject the ISR resides with the contracting contain the clause at FAR 52.219–9, 1059c(b)(1)). officer who receives it, as described in Small Business Subcontracting Plan. Summary Subcontract Report (SSR) paragraph (h)(1)(i) of this clause. Coordinator means the individual at the (ii) Except as provided in (h)(2)(iii), the (2) With its Alternate I in contracts authority to acknowledge receipt or reject that use Alternate III of 52.219–9, Small department or agency level who is registered in eSRS and is responsible for acknowledging SSRs in eSRS resides with the SSR Business Subcontracting Plan. receipt or rejecting SSRs in eSRS for the Coordinator at the department or agency that (B) In contracts with contractors that department or agency. administers the majority of the Contractor’s have comprehensive subcontracting (b) Except for company or division-wide individual subcontracting plans. plans approved under the test program commercial items subcontracting plans, the (iii) The authority to acknowledge receipt described in 219.702, use the clause at term ‘‘small disadvantaged business,’’ when or reject SSRs for construction and related 252.219–7004, Small Business used in the FAR 52.219–9 clause, includes maintenance and repair contracts resides Subcontracting Plan (Test Program), historically black colleges and universities with the SSR Coordinator for each department or agency. instead of the clauses at 252.219–7003, and minority institutions, in addition to small disadvantaged business concerns. (iv) The authority to acknowledge receipt Small Business Subcontracting Plan (c) Work under the contract or its or reject the Year-End Supplementary Report (DoD Contracts), and FAR 52.219–9, subcontracts shall be credited toward for Small Disadvantaged Businesses resides Small Business Subcontracting Plan. meeting the small disadvantaged business with the SSR Coordinator who acknowledges Include — concern goal required by paragraph (d) of the receipt or rejects the SSR. (1) FAR clause 52.219–9, Small FAR 52.219–9 clause when: (v) If the Contractor submits the Small Business Subcontracting Plan and (1) It is performed on Indian lands or in Disadvantaged Business Participation report 252.219–7003 in the contract for joint venture with an Indian Tribe or a using eSRS, the authority to acknowledge Tribally-owned corporation, and receipt or reject this report in eSRS resides purposes of the contractor flowing these (2) It meets the requirements of 10 U.S.C. with the contracting officer who clauses down to subcontractors, except 2323a. acknowledges receipt or rejects the ISR. (2) When the contract will not be (d) Subcontracts awarded to workshops reported in FPDS (see FAR 4.606 (c)(5)), approved by the Committee for Purchase (End of clause) include FAR clause 52.219–9, Small from People Who are Blind or Severely ALTERNATE I (OCT 2010) Business Subcontracting Plan with its Disabled (41 U.S.C. 46–48), may be counted Alternate III and 252.219–7003 Small toward the Contractor’s small business As prescribed in 219.708(b)(1)(A)(2), Business Subcontracting Plan (DoD subcontracting goal. substitute the following paragraph (e) A mentor firm, under the Pilot Mentor- Contracts) with its Alternate I in the (h)(1)(i) for paragraph (h)(1)(i) in the Protege Program established under Section basic clause: contract for purposes of the contractor 831 of Public Law 101–510, as amended, may flowing these clauses down to count toward its small disadvantaged (h)(1)(i) The Standard Form 294 subcontractors. business goal, subcontracts awarded— Subcontracting Report for Individual * * * * * (1) Protege firms which are qualified Contracts shall be submitted in accordance organizations employing the severely with the instructions on that form; paragraph PART 252—SOLICITATION handicapped; and (h)(2)(i) is inapplicable. (2) Former protege firms that meet the PROVISIONS AND CONTRACT ■ 5. Section 252.219–7004 is added to CLAUSES criteria in Section 831(g)(4) of Public Law 101–510. read as follows: (f) The master plan is approval by the ■ 252.219–7004 Small business 3. Section 252.212–7001 is amended Contractor’s cognizant contract subcontracting plan (test program). by revising the clause date to read administration activity. ‘‘(OCT 2010)’’ in the clause title and (g) In those subcontracting plans which As prescribed in 219.708(b)(1)(B), use paragraphs (b)(3) and (b)(4). specifically identify small businesses, the the following clause:

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SMALL BUSINESS the U.S. or its outlying areas should be subcontracts with subcontractors that SUBCONTRACTING PLAN (TEST included in these reports. participate in the test program described in PROGRAM) (OCT 2010) (1) This report may be submitted on a DFARS 219.702. corporate, company or subdivision (e.g., (a) Definition. plant or division operating as a separate (End of clause) Electronic Subcontracting Reporting profit center) basis, as negotiated in the System (eSRS) means the Governmentwide, comprehensive subcontracting plan with the ■ 6. In appendix I to chapter 2, Section electronic, Web-based system for small Defense Contract Management Agency. business subcontracting program reporting. (2) This report encompasses all I–105 is amended by revising paragraph The eSRS is located at http://www.esrs.gov. subcontracting under prime contracts and (b)(7) to read as follows: (b) The Offeror’s comprehensive small subcontracts with the Department of Defense, Appendix I—Policy and Procedures for regardless of the dollar value of the business subcontracting plan and its the DoD Pilot Mentor-Protege Program successors, which are authorized by and subcontracts, and is based on the negotiated approved under the test program of Section comprehensive subcontracting plan. * * * * * 834 of Pub. L. 101–189, as amended, shall be (3) The Contractor shall submit the report included in and made a part of the resultant semi-annually for the six months ending I–105 Mentor approval process. contract. Upon expulsion from the test March 31 and the twelve months ending (b) * * * program or expiration of the test program, the September 30. Reports are due 30 days after (7) The total dollar amount and percentage Contractor shall negotiate an individual the close of each reporting period. of subcontracts that the company awarded to subcontracting plan for all future contracts (4) The authority to receipt or reject the all SDB, women-owned small business, that meet the requirements of Section 211 of SSR resides with the Comprehensive HUBZone small business, and service- Public Law 95–507. Subcontracting Program Division, the disabled veteran-owned small business firms (c) The Contractor shall— Defense Contract Management Agency Small under DoD contracts and other Federal (1) Ensure that subcontractors with Business Center. agency contracts during the 2 preceding subcontracting plans agree to submit an (e) All reports submitted at the close of fiscal years. (Show DoD subcontract awards Individual Subcontract Report (ISR) and/or each fiscal year shall include a Year-End separately.) If the company presently is Supplementary Report for Small Summary Subcontract Report (SSR) using the required to submit a Summary Subcontract Disadvantaged Businesses. The report shall Electronic Subcontracting Reporting System Report (SSR) or previously submitted the include subcontract awards, in whole dollars, (eSRS); Standard Form (SF) 295, the request must (2) Provide its contract number, its DUNS to small disadvantaged business concerns by North American Industry Classification include copies of the final reports for the 2 number, and the e-mail address of the preceding fiscal years. Contractor’s official responsible for System (NAICS) Industry Subsector. If the acknowledging or rejecting the ISR to all data are not available when the year-end SSR ■ 7. In appendix I to chapter 2, section first-tier subcontractors, who will be required is submitted, the prime Contractor and/or I–112.1 is amended by revising the to submit ISRs, so they can enter this subcontractor shall submit the Year-End Supplementary Report for Small section heading and paragraph (a) to information into the eSRS when submitting read as follows: their reports; Disadvantaged Businesses within 90 days of (3) Require that each subcontractor with a submitting the year-end SSR. The authority I–112.1 Reporting requirements applicable subcontracting plan provide the prime to acknowledge receipt or reject the Year End to Individual Subcontract Reports (ISR), contract number, its own DUNS number, and Report resides with the Comprehensive Summary Subcontract Reports (SSR) and SF the e-mail address of the subcontractor’s Subcontracting Program Division, the 294s. Defense Contract Management Agency Small official responsible for acknowledging or (a) Amounts credited toward applicable rejecting the ISRs to its subcontractors with Business Center. (f) The failure of the Contractor or subcontracting goal(s) for unreimbursed costs subcontracting plans who will be required to subcontractor to comply in good faith with under the Program must be separately submit ISRs; and the clause of this contract entitled identified on the appropriate ISR, SSR or SF (4) Acknowledge receipt or reject all ISRs ‘‘Utilization of Small Business Concerns,’’ or 294 reports from the amounts credited submitted by its subcontractors using eSRS. an approved plan required by this clause, toward the goal(s) resulting from the award (d) The Contractor shall submit SSRs using shall be a material breach of the contract. of actual subcontracts to protege firms. The eSRS at http://www.esrs.gov. The reports (g) The Contractor shall include, in combination of the two must equal the shall provide information on subcontract contracts that offer subcontracting mentor firm’s overall accomplishment awards to small business concerns, veteran- possibilities, are expected to exceed $550,000 toward the applicable goal(s). owned small business concerns, service- ($1,000,000 for construction of any public * * * * * disabled veteran-owned small business facility), and are required to include the concerns, HUBZone small business concerns, clause at 52.219–8, Utilization of Small ■ 8. In appendix I to chapter 2, section small disadvantaged business concerns, Business Concerns— I–112.2 is amended by revising women-owned small business concerns, and (1) FAR 52.219–9, Small Business paragraph (c)(3) to read as follows: Historically Black Colleges and Universities Subcontracting Plan, and 252.219–7003, and Minority Institutions. Purchases from a Small Business Subcontracting Plan (DoD I–112.2 Program specific Reporting corporation, company, or subdivision that is Contracts), when the Contracting Officer has requirements. an affiliate of the prime Contractor or included these clauses in the contract for * * * * * subcontractor are not included in these purposes of flowdown to subcontractors; (c) * * * reports. Subcontract award data reported by (2) 52.219–9 Small Business (3) Dollars credited, if any, toward prime contractors and subcontractors shall be Subcontracting Plan with its Alternate III and applicable subcontracting goals as a result of limited to awards made to their immediate 252.219–7003, Small Business developmental assistance provided to the next-tier subcontractors. Credit cannot be Subcontracting Plan (DoD Contracts), with its protege and a copy of the ISR or SF 294 and/ taken for awards made to lower tier Alternate I, when the Contracting Officer has or SSR for each contract where subcontractors unless the Contractor or included these clauses in the contract for developmental assistance was credited. subcontractor has been designated to receive flowdown to subcontractors to allow for a small business or small disadvantaged submission of SF 294s in lieu of ISRs; or * * * * * business credit from an ANC or Indian Tribe. (3) 252.219–7004, Small Business [FR Doc. 2010–26718 Filed 10–22–10; 8:45 am] Only subcontracts involving performance in Subcontracting Plan (Test Program), in BILLING CODE 5001–08–P

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Proposed Rules Federal Register Vol. 75, No. 205

Monday, October 25, 2010

This section of the FEDERAL REGISTER On page 62736, in the first column, DATES: Send your written comments by contains notices to the public of the proposed eight lines from the bottom; November 24, 2010. issuance of rules and regulations. The On page 62736, in the first column, ADDRESSES: Send written comments to purpose of these notices is to give interested three lines from the bottom; Alima Patterson, Region 6, Regional persons an opportunity to participate in the On page 62736, in the second column, rule making prior to the adoption of the final Authorization Coordinator, (6PD–O), rules. two lines from the top; and Multimedia Planning and Permitting On page 62736, in the second column, Division, at the address shown below. six lines from the top. You can examine copies of the materials SECURITIES AND EXCHANGE Dated: October 19, 2010. submitted by the State of New Mexico COMMISSION Elizabeth M. Murphy, during normal business hours at the Secretary. following locations: New Mexico 17 CFR Parts 229, 240, and 249 Environment Department, 2905 Rodeo [FR Doc. 2010–26810 Filed 10–22–10; 8:45 am] Park Drive East, Building 1, Santa Fe, [Release Nos. 33–9148A; 34–63029A; File BILLING CODE 8011–01–P No. S7–24–10] New Mexico 87505–6303, phone number (505) 476–6035 and EPA, RIN 3235–AK75 Region 6, 1445 Ross Avenue, Dallas, ENVIRONMENTAL PROTECTION Texas 75202–2733, phone number (214) Disclosure for Asset-Backed Securities AGENCY 665–8533, comments may also be Required by Section 943 of the Dodd- submitted electronically or through Frank Wall Street Reform and 40 CFR Part 271 hand delivery/courier; please follow the Consumer Protection Act detailed instructions in the ADDRESSES [EPA–R06–RCRA–2009–0343; FRL–9217–1] section of the immediate final rule AGENCY: Securities and Exchange which is located in the Rules section of Commission. New Mexico: Final Authorization of State Hazardous Waste Management this Federal Register. ACTION: Proposed rule; correction. Program Revisions FOR FURTHER INFORMATION CONTACT: SUMMARY: Alima Patterson (214) 665–8533. The Securities and Exchange AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: For Commission published a document in Agency (EPA). the Federal Register of October 13, additional information, please see the ACTION: 2010, concerning Disclosure for Asset- Proposed rule. immediate final rule published in the ‘‘ ’’ Backed Securities Required by Section SUMMARY: The State of New Mexico has Rules and Regulations section of this 943 of the Dodd-Frank Wall Street applied to EPA for Final authorization Federal Register. Reform and Consumer Protection Act. of the changes to its hazardous waste Dated: October 12, 2010. The document contained an incorrect program under the Resource Al Armendariz, reference to § 249.1300. This correction Conservation and Recovery Act (RCRA). Regional Administrator, Region 6. is being published to correct the EPA proposes to grant Final reference. [FR Doc. 2010–26961 Filed 10–22–10; 8:45 am] Authorization to the State of New BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: Mexico. In the ‘‘Rules and Regulations’’ Rolaine Bancroft, Attorney-Advisor, in section of this Federal Register, EPA is authorizing the changes by an the Office of Rulemaking, at (202) 551– DEPARTMENT OF COMMERCE 3430, Division of Corporation Finance, immediate final rule. EPA did not make U.S. Securities and Exchange a proposal prior to the immediate final National Oceanic and Atmospheric Commission, 100 F Street, NE., rule because we believe this action is Administration Washington, DC 20549–3628 or, with not controversial and do not expect respect to proposed Rule 17g–7, Joseph comments that oppose it. We have 50 CFR Part 648 I. Levinson, Special Counsel, at (202) explained the reasons for this 551–5598; Division of Trading and authorization in the preamble to the [Docket No. 101013504–0504–02] Markets, U.S. Securities and Exchange immediate final rule. Unless we get RIN 0648–XY27 Commission, 100 F Street, NE., written comments which oppose this Washington, DC 20549–3628. authorization during the comment Magnuson-Stevens Fishery period, the immediate final rule will Correction Conservation and Management Act become effective on the date it Provisions; Fisheries of the In the Federal Register of October 13, establishes, and we will not take further Northeastern United States; Atlantic 2010, in FR Doc. 2010–25361, the action on this proposal. If we receive Surfclam and Ocean Quahog Fishery; reference ‘‘249.1300’’ is corrected to read comments that oppose this action, we Proposed 2011–2013 Fishing Quotas ‘‘249.1400’’ in the following places: will withdraw the immediate final rule for Atlantic Surfclam and Ocean On page 62719, in footnote 7 in the and it will not take effect. We will then Quahog first column, two lines from the bottom; respond to public comments in a later On page 62735, in the first column, final rule based on this proposal. You AGENCY: National Marine Fisheries two lines from the top; may not have another opportunity for Service (NMFS), National Oceanic and On page 62736, in the first column, comment. If you want to comment on Atmospheric Administration (NOAA), thirty-one lines from the top; this action, you must do so at this time. Commerce.

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ACTION: Proposed rule; request for Instructions: All comments received allocated separately from the quota comments. are a part of the public record and specified for the ocean quahog fishery. generally will be posted to http:// Regulations implementing Amendment SUMMARY: NMFS proposes quotas for the www.regulations.gov without change. 13 to the FMP (68 FR 69970, December Atlantic surfclam and ocean quahog All Personal Identifying Information (for 16, 2003) established the ability to set fisheries for 2011, 2012, and 2013. example, name, address, etc.) multi-year quotas. An evaluation, in the Regulations governing these fisheries voluntarily submitted by the commenter form of an annual quota require NMFS to publish the proposed may be publicly accessible. Do not recommendation, is conducted by the quota specifications for the 2011–2013 submit Confidential Business Council every year to determine if the fishing years and seek public comment Information or otherwise sensitive or multi-year quota specifications remains on such proposed measures. The intent protected information. appropriate. The fishing quotas must be of this action is to propose allowable NMFS will accept anonymous in compliance with overfishing harvest levels of Atlantic surfclams and comments. Attachments to electronic definitions for each species. In ocean quahogs from the Exclusive comments will be accepted in Microsoft recommending these quotas, the Economic Zone to prevent overfishing Word, Excel, WordPerfect, or Adobe Council considered the most recent and to allow harvesting of optimum PDF file formats only. stock assessments, data reported by yield (OY). FOR FURTHER INFORMATION CONTACT: harvesters and processors, and other DATES: Comments must be received no Anna Macan, Fishery Management relevant information concerning later than 5 p.m., eastern standard time, Specialist, 978–281–9165. exploitable biomass and spawning on November 24, 2010. SUPPLEMENTARY INFORMATION: The biomass, fishing mortality rates, stock ADDRESSES: Copies of supporting fishery management plan (FMP) for recruitment, projected fishing effort and documents, including the Atlantic surfclams and ocean quahogs catches, and areas closed to fishing. Environmental Assessment, Regulatory requires that NMFS, in consultation Impact Review (RIR), and Initial with the Mid-Atlantic Fishery In June 2010, the Council voted to Regulatory Flexibility Analysis (IRFA) Management Council (Council), specify recommend maintaining the 2010 quota are available from Christopher Moore, quotas for surfclam and ocean quahog levels of 5.333 million bu (284 million Executive Director, Mid-Atlantic for a 3-year period, with an annual L) for the ocean quahog fishery, 3.400 Fishery Management Council, Suite 201, review, from a range that represents the million bu (181 million L) for the 800 N. State St., Dover, DE 19901. A OY for each fishery. It is the policy of Atlantic surfclam fishery, and 100,000 copy of the EA/RIR/IRFA is accessible the Council that the levels selected Maine bu (35,240 hL) for the Maine via the Internet at http:// allow sustainable fishing to continue at ocean quahog fishery for 2011–2013. www.nero.noaa.gov/nero/regs/ that level for at least 10 years for The proposed quotas for the 2011–2013 com.html. surfclams, and 30 years for ocean Atlantic surfclam and ocean quahog You may submit comments, identified quahogs. In addition to this constraint, fishery are shown in the table below. by RIN 0648–XY27, by any one of the the Council policy also considers the The Atlantic surfclam and ocean quahog following methods: economic impacts of the quotas. quotas are specified in ‘‘industry’’ bu of Mail: Patricia A. Kurkul, Regional Regulations implementing Amendment 53.24 L per bu, while the Maine ocean Administrator, Northeast Region, 10 to the FMP (63 FR 27481, May 19, quahog quota is specified in ‘‘Maine’’ bu NMFS, 55 Great Republic Drive, 1998) added Maine ocean quahogs of 35.24 L per bu. Because Maine ocean Gloucester, MA 01930. Mark on the (locally known as Maine mahogany quahogs are the same species as ocean outside of the envelope, ‘‘Comments on quahogs) to the management unit, and quahogs, both fisheries are assessed 2011–2013 SC/OQ Proposed provided for a small artisanal fishery for under the same ocean quahog Specifications.’’ ocean quahogs in the waters north of overfishing definition. When the two Fax: (978) 281–9135. 43°50′ N. lat., with an annual quota quota amounts (ocean quahog and Electronic Submissions: Submit all within a range of 17,000 to 100,000 Maine ocean quahog) are added, the electronic public comments via the Maine bu (5,991 to 35,240 hL). As total allowable harvest is still lower Federal eRulemaking Portal, http:// specified in Amendment 10, the Maine than the level that would result in www.regulations.gov. mahogany ocean quahog quota is overfishing for the entire stock.

PROPOSED 2011–2013 ATLANTIC SURFCLAM AND OCEAN QUAHOG1 QUOTAS

2011 2012 2013 bu hL bu hL bu hL

Surfclams 2 ...... 3.400 1.810 3.400 1.810 3.400 1.810 Ocean Quahogs 2 ...... 5.333 2.840 5.333 2.840 5.333 2.840 Maine Ocean Quahogs 3 ...... 100,000 35,240 100,000 35,240 100,000 35,240 1 Numerical values are in millions except for Maine ocean quahogs. 2 1 bu = 1.88 cubic ft. = 53.24 liters. 3 1 bu = 1.2445 cubic ft. = 35.24 liters.

Surfclams to the public in February 2010. The 2008 was above the management target, surfclam quota recommendation is and fishing mortality was below the The proposed 2011–2013 status quo consistent with the SAW 49 finding that management threshold. Although surfclam quota was developed after the Atlantic surfclam stock is not recruitment, growth rate, and biomass reviewing the results of the Northeast overfished, nor is overfishing occurring. have continued to decline in the Regional Stock Assessment Workshop Estimated fishable stock biomass in southern region (NJ and Delmarva), (SAW) 49 for Atlantic surfclam, released

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relative to historic conditions, these significant for purposes of Executive mahogany quahog permit holders. An declines are offset by an increase in Order 12866. allocation holder may choose to fish or biomass and recruitment on Georges Pursuant to 5 U.S.C. 603, an initial lease his or her quota allocation. Bank and off Long Island, NY. Based on regulatory flexibility analysis (IRFA) has been prepared, which describes the Economic Impacts of This Proposed this information, the Council Action recommended, and NMFS is proposing, economic impacts that this proposed to maintain the status quo surfclam rule, if adopted, would have on small The proposed quotas for 2011–2013 quota of 3.4 million bu (181 million L) entities. A summary of the IRFA is reflect the same quota levels set for for 2011–2013. This quota represents included in this section. The complete 2008–2010. Therefore, it is not expected the maximum allowable quota under the IRFA and regulatory impact review is that there will be any different FMP. available from the Council (see economic impacts beyond status quo ADDRESSES). A description of the resulting from the proposed quota level. Ocean Quahogs reasons why this action is being Leaving the ocean quahog quota at the The proposed 2011–2013 quota for considered, as well as the objectives of harvest level of 5.333 million bu (284 ocean quahogs also reflects the status and legal basis for this proposed rule is million L) is not expected to constrain quo quota of 5.333 million bu (284 found in the preamble of this proposed the fishery. In fact, actual ocean quahog million L) in 2010. SAW 48, released to rule. There are no Federal rules that landings for 2008 and 2009 were the public in August 2009, found that duplicate, overlap, or conflict with this approximately 65 percent of the the ocean quahog stock is not proposed rule. available quota. The total 2010 harvest overfished, nor is overfishing occurring. This action proposes fishing quotas is expected to be similar to recent years Estimated fishable biomass in 2008 was for Atlantic surfclams and ocean (as of September 30, 2010, only 47.6 above the management target, and quahogs for 2011–2013. The Council percent of the quota had been harvested, estimated fishing mortality was analyzed four quota alternatives for the a level slightly less than on this date in significantly below the target level. Atlantic surfclam fishery, five 2009). The surfclam quota is proposed to be set to the maximum allowed under Fishing mortality is not expected to alternatives for the ocean quahog the FMP. reach the threshold if the proposed fishery, and four alternatives for the Maine ocean quahog fishery. Each of the In contrast to the ocean quahog quota is harvested each of the 3 years. harvest, the surfclam fishery has Ocean quahog is an unproductive stock alternative sets included the proposed alternative and a ‘‘no action’’ alternative. harvested over 80 percent of the that is being fished down from its pre- The three proposed quotas for 2011– available quota each year since 2005, fishery level; however, after several 2013 are 5.333 million bu (284 million except for 2009, where 69 percent of the decades of relatively low fishing L) for the ocean quahog fishery, 3.400 quota was landed. As of September 30, mortality, the stock is still above the million bu (181 million L) for the 2010, only 47.7 percent of the quota has biomass target reference points. In fact, Atlantic surfclam fishery, and 100,000 been harvested for FY 2010, a level the stock biomass is still at 81 percent Maine bu (35,240 hL) for the Maine slightly less than on this date in 2009. of the pre-fishing level. Based on this ocean quahog fishery. The Maine ocean quahog quota is information, the Council recommended, proposed to be set at the maximum and NMFS is proposing, to maintain the Description and Estimate of the Number allowed under the FMP (100,000 Maine status quo quota of 5.333 million bu of Small Entities to Which This bu; 35,240 hL). It is anticipated that by (284 million L) for 2011–2013. This Proposed Rule Would Apply maintaining the status quo quota level quota level may be above current market The Small Business Administration for the next 3 years, the fishing industry demand, but allows for market growth, (SBA) defines a small commercial will benefit from the stability of product should conditions change. fishing entity as a firm with gross demand from the seafood processors The proposed 2011–2013 quota for annual receipts not exceeding $4 and being able to predict future fishery Maine ocean quahogs is the status quo million. In 2009, a total of 43 vessels performance based on past performance level of 100,000 Maine bu (35,240 hL). reported harvesting surfclams and/or from the last 3 years. In 2008, the State of Maine completed ocean quahogs from Federal waters a stock assessment of the resource under the Individual Fishing Quota Economic Impacts of Alternatives to the within the Maine Mahogany Quahog (IFQ) system. In addition, 19 vessels Proposed Action Zone. This assessment was peer- participated in the limited access Maine The Council analyzed four reviewed as part of SAW 48. The ocean quahog fishery, for a total of 62 alternatives for the Atlantic surfclam findings of the Maine quahog survey did participants in the 2009 fisheries. fishery, five alternatives for the ocean not change the status of the entire ocean Average 2009 gross income from quahog fishery, and four alternatives for quahog resource. The proposed quota surfclam IFQ trips was $833,333 per the Maine ocean quahog fishery. Each of represents the maximum allowable vessel, and from ocean quahog IFQ trips the alternative sets included the quota under the FMP. was $1,533,333 per vessel. The Maine proposed alternative and a ‘‘no action’’ alternative. The selection of ‘‘no action’’ Classification ocean quahog fishery reported an average value of $105,263 per vessel. alternative would result in no quotas Pursuant to section 304(b)(1)(A) of the Each vessel in this analysis is treated as being established, a closure of the Magnuson-Stevens Fishery a single entity for purposes of size fishery, and is contrary to the FMP. Conservation and Management Act determination and impact assessment. Based on 2009 ex-vessel prices, the (MSA), the NMFS Assistant All 62 commercial fishing entities fall result of no Federal surfclam or ocean Administrator has determined that this below the SBA size threshold for small quahog harvests in 2011 would be a loss proposed rule is consistent with the commercial fishing entities. of $30 million to the Federal surfclam FMP, other provisions of the MSA, and In addition to the active vessels that fishery, $23 million to the ocean quahog other applicable law, subject to further participate in the fishery there are 45 fishery, and $2 million to the Maine consideration after public comment. ocean quahog quota IFQ allocation ocean quahog fishery, for a total loss of This action is authorized by 50 CFR part holders, 57 surfclam allocation holders, $55 million. The viable alternatives to 648 and has been determined to be not and 40 Federal limited access Maine the proposed quotas for ocean quahog

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that are permissible under the FMP and alternatives that would reduce Reporting and Recordkeeping the Magnuson-Stevens Act include a economic impacts on the regulated Requirements 20-percent decrease from the status quo, entities. This proposed rule would not impose a 6.2-percent decrease from the status The alternatives to the proposed any new reporting, recordkeeping, or quo, and a 20-percent increase from the Maine ocean quahog quota that are other compliance requirements. status quo; therefore, there are no permissible under the FMP and the Therefore, the costs of compliance significant alternatives that would Magnuson-Stevens Act include a 50- would remain unchanged. reduce economic impacts on the regulated entities. percent decrease from the status quo Authority: 16 U.S.C. 1801 et seq. and a 10-percent decrease from the Dated: October 20, 2010. The alternatives to the proposed status quo; therefore, there are no surfclam quotas that are permissible John Oliver, significant alternatives that would under the FMP and the Magnuson- Deputy Assistant Administrator for reduce economic impacts on the Stevens Act include a 45.6-percent Operations, National Marine Fisheries decrease from the status quo and a regulated entities. Service. 4.4-percent decrease from the status [FR Doc. 2010–26940 Filed 10–22–10; 8:45 am] quo; therefore, there are no significant BILLING CODE 3510–22–P

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Notices Federal Register Vol. 75, No. 205

Monday, October 25, 2010

This section of the FEDERAL REGISTER the collection of information unless it OMB Control Number: 0579–0327. contains documents other than rules or displays a currently valid OMB control Summary of Collection: The Animal proposed rules that are applicable to the number. public. Notices of hearings and investigations, Health Protection Act of 2002 (7 U.S.C. committee meetings, agency decisions and Animal and Plant Health Inspection 8301–8317) is the primary Federal law rulings, delegations of authority, filing of Service governing the protection of animal petitions and applications and agency Title: Importation of Clementines, health. The law gives the Secretary of statements of organization and functions are Mandarins, and Tangerines From Chile. Agriculture broad authority to detect, examples of documents appearing in this control, or eradicate pests or diseases of section. OMB Control Number: 0579–0242. Summary of Collection: Under the livestock or poultry. The Animal and Plant Protection Act (7 U.S.C. 7701– Plant Health Inspection Service’s DEPARTMENT OF AGRICULTURE 7772), the Secretary of Agriculture is (APHIS) Veterinary Services (VS) authorized to carry out operations or safeguards U.S. animal health through a Submission for OMB Review; measures to detect, eradicate, suppress, variety of activities including disease Comment Request control, prevent, or retard the spread of control. One important part of disease plant pests new to the United States or control is animal disease traceability. October 19, 2010. not known to be widely distributed Animal disease traceability means being The Department of Agriculture has throughout the United States. The submitted the following information able to document the movement history regulations in ‘‘Subpart—Fruits and of an animal throughout its life. To help collection requirement(s) to OMB for Vegetables’’ (7 CFR 319.56 through review and clearance under the trace animals, APHIS has made several 319.56–8) prohibit or restrict the systems available to States and Tribes Paperwork Reduction Act of 1995, importation of fruits and vegetables into for managing the issuance of unique Public Law 104–13. Comments the United States from certain parts of location identification numbers regarding (a) Whether the collection of the world, to prevent the introduction information is necessary for the proper and dissemination of plant pests, including the Standardized Premises performance of the functions of the including fruit flies. The Animal and Registration System and a Tribal agency, including whether the Plant Health Inspection Service (APHIS) Premises Registration System. States information will have practical utility; amended the fruits and vegetables and Tribes can elect whether to use one (b) the accuracy of the agency’s estimate regulations to allow the importation, of the APHIS’s systems. Tribes can of burden including the validity of the under certain conditions, of designate which premises registration methodology and assumptions used; (c) clementines, mandarins, and tangerines system they would like to use, if any, by ways to enhance the quality, utility and from Chile into the United States. completing VS 1–63, Tribal Location clarity of the information to be Need and Use of the Information: Identification System Implementation collected; (d) ways to minimize the APHIS requires that some plants or Request. burden of the collection of information plant products are accompanied by a Need and Use of the Information: on those who are to respond, including phytosanitary inspection certificate that through the use of appropriate APHIS will use the information is completed by plant health officials in provided on VS 1–63 to contact the automated, electronic, mechanical, or the originating or transiting country. respondents and help them use the other technological collection APHIS will use the information on this premises registration system they techniques or other forms of information certificate to determine the pest selected. The information also helps technology should be addressed to: Desk condition of the shipment at the time of Officer for Agriculture, Office of inspection in the foreign country. This ensure that when multiple parties claim Information and Regulatory Affairs, information is used as a guide to the to represent Tribes in managing location Office of Management and Budget intensity of the inspection that APHIS identification information, USDA only (OMB), deals with those entities the Tribe has _ must conduct when the shipment OIRA [email protected] or arrives. Without the information, all officially recognized. If this information fax (202) 395–5806 and to Departmental shipments would need to be inspected was not collected, APHIS’ ability to Clearance Office, USDA, OCIO, Mail very thoroughly, thereby requiring address traceability needs specified to Stop 7602, Washington, DC 20250– considerably more time; this would Tribes would be significantly hampered. 7602. Comments regarding these slow the clearance of international information collections are best assured Description of Respondents: State, shipments. Local or Tribal Government. of having their full effect if received Description of Respondents: Business within 30 days of this notification. or other for-profit; Federal Government. Number of Respondents: 25. Copies of the submission(s) may be Number of Respondents: 44. Frequency of Responses: obtained by calling (202) 720–8958. Frequency of Responses: Reporting: Recordkeeping; Reporting: On occasion. An agency may not conduct or On occasion. Total Burden Hours: 31. sponsor a collection of information Total Burden Hours: 162. unless the collection of information Ruth Brown, displays a currently valid OMB control Animal and Plant Health Inspection Service Departmental Information Collection number and the agency informs Clearance Officer. potential persons who are to respond to Title: Animal Disease Traceability: the collection of information that such Tribal Nations Using Systems for [FR Doc. 2010–26812 Filed 10–22–10; 8:45 am] persons are not required to respond to Location Notification. BILLING CODE 3410–34–P

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DEPARTMENT OF AGRICULTURE OMB Number: 0584–0431. The committee is meeting as authorized Expiration Date: 07/31/2011. under the Secure Rural Schools and Food and Nutrition Service Type of Request: Revision of a Community Self-Determination Act Currently Approved Collection Form. (Pub. L. 110–343) and in compliance Agency Information Collection Abstract: FNS administers the Special with the Federal Advisory Committee Activities: Proposed Collection; Supplemental Nutrition Program for Act. The business meeting is in Comment Request Form FNS–648, WIC Women, Infants, and Children (WIC) by preparation for the next funding cycle. Local Agency Directory Report awarding cash grants to State agencies DATES: The meeting will be held (generally State health departments). November 10, 2010 from 9 a.m. to AGENCY: Food and Nutrition Service, The State agencies award subgrants to 12 a.m. USDA. local agencies (generally local health ACTION: Notice. departments and nonprofit ADDRESSES: The meeting will be held at organizations) to deliver program the Lassen National Forest Supervisor’s SUMMARY: In accordance with the benefits and services to eligible Office in the Caribou Conference Room Paperwork Reduction Act of 1995, this participants. FNS maintains a WIC at 2550 Riverside Drive, Susanville, CA. notice announces the Food and Local Agency Directory which lists the FOR FURTHER INFORMATION CONTACT: Nutrition Service’s (FNS) intention to names and addresses of all WIC local Heidi Perry, Public Affairs Officer for request an extension for a currently agencies. WIC State and local agencies the Lassen National Forest at 530–252– approved information collection, the and FNS use the directory to refer 6604 or [email protected]. Individuals Special Supplemental Nutrition individuals to the nearest source of WIC who use telecommunication devices for Program for Women, Infants, and Program services and to maintain the deaf (TDD) may call the Federal Children (WIC) Local Agency Directory continuity of program services to Information Relay Service (FIRS) at Report which lists the names and migrant and other transient participants. 1–800–877–8339 between 8 a.m. and 8 addresses of all WIC local agencies. It is also used as a mailing list to p.m., Eastern Standard Time, Monday DATES: Comments on this notice must be provide local agencies with technical through Friday. received by December 27, 2010. assistance manuals and other SUPPLEMENTARY INFORMATION: The ADDRESSES: Comments are invited on: information. State agencies complete the meeting is open to the public. WIC Local Agency Directory Report (a) Whether the proposed collection of Dated: October 15, 2010. information is necessary for the proper Form FNS–648 to inform FNS when a Jerry Bird, performance of the functions of the local agency is newly established, agency, including whether the closed or changes its address. This data Forest Supervisor. information will have practical utility; is needed to keep the directory current. [FR Doc. 2010–26891 Filed 10–22–10; 8:45 am] (b) the accuracy of the agency’s estimate The number of WIC State Agencies BILLING CODE 3410–11–P of the burden of the proposed collection reporting remains at 90. of information, including the validity of Estimate of Burden: Public reporting the methodology and assumptions used; burden for this collection of information DEPARTMENT OF AGRICULTURE is estimated to average 0.17 hours per (c) ways to enhance the quality, utility Forest Service and clarity of the information to be response, including the time for collected; and (d) ways to minimize the reviewing instructions, searching Prince of Wales Resource Advisory burden of the collection of information existing data sources, gathering and Committee on those who are to respond, including maintaining the data needed, and through the use of appropriate completing and reviewing the collection AGENCY: Forest Service, USDA. automated, electronic, mechanical, or of information. ACTION: Notice of meeting. other technological collection Respondents: Directors or techniques or other forms of information Administrators of WIC State agencies. SUMMARY: The Prince of Wales Resource Estimated Number of Respondents: 90 technology. Comments may be sent to: Advisory Committee will meet in Craig, respondents. Debra Whitford, Director, Supplemental Alaska, November 5, 2010. The purpose Estimated Number of Responses per of this meeting is to discuss potential Food Programs Division, Food and Respondent: One. Nutrition Service, U.S. Department of projects under the Secure Rural Schools Estimated Total Annual Burden on and Community Self-Determination Act Agriculture, 3101 Park Center Drive, Respondents: 15.3 hours. Room 520, Alexandria, VA 22302. of 2008. Comments will also be accepted through Dated: October 14, 2010. DATES: The meeting will be held the Federal eRulemaking Portal. Go to Julia Paradis, November 5, 2010 from 9 a.m. to 4 p.m. http://www.regulations.gov and follow Administrator, Food and Nutrition Service. ADDRESSES: The meeting will be held at the online instructions for submitting [FR Doc. 2010–26939 Filed 10–22–10; 8:45 am] the Craig Ranger District 504 9th Street, comments electronically. BILLING CODE 3410–30–P Craig, Alaska. Send written comments All responses to this notice will be to Prince of Wales Resource Advisory summarized and included in the request Committee, c/o District Ranger, USDA for OMB approval, and will become a DEPARTMENT OF AGRICULTURE Forest Service, P.O. Box 500, Craig, AK matter of public record. 99921, or electronically to Rebecca Forest Service FOR FURTHER INFORMATION CONTACT: Sakraida, RAC Coordinator at Requests for additional information or Lassen County Resource Advisory [email protected]. copies of the information collection Committee FOR FURTHER INFORMATION CONTACT: form and instructions should be Rebecca Sakraida, RAC Coordinator AGENCY: Forest Service, USDA. directed to: Joan Carroll, (703) 305– Craig Ranger District, Tongass National ACTION: 2729. Notice of meeting. Forest, (907) 826–1601. SUPPLEMENTARY INFORMATION: SUMMARY: The Lassen County Resource SUPPLEMENTARY INFORMATION: The Title: WIC Local Agency Directory. Advsiory will meet in Susanville, CA. meeting is open to the public.

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Committee discussion is limited to products (duty-free) for the foreign would likely lead to a continuation or Forest Service staff and Committee input noted above. FTZ designation may recurrence of dumping and material members. However, public input further allow Baxter to realize logistical injury to an industry in the United opportunity will be provided and benefits through the use of weekly States, the Department is publishing a individuals will have the opportunity to customs entry and direct delivery notice of continuation of the address the Committee at that time. procedures. The request indicates that antidumping duty order. Dated: October 15, 2010. the savings from FTZ procedures would FOR FURTHER INFORMATION CONTACT: Jason C. Anderson, help improve the plant’s international Alexis Polovina, AD/CVD Operations, competitiveness. Import Administration, International District Ranger. In accordance with the Board’s Trade Administration, U.S. Department [FR Doc. 2010–26892 Filed 10–22–10; 8:45 am] regulations, Diane Finver of the FTZ of Commerce, 14th Street and BILLING CODE 3410–11–P Staff is designated examiner to evaluate Constitution Avenue, NW., Washington, and analyze the facts and information DC 20230; telephone: (202) 482–3927. presented in the application and case SUPPLEMENTARY INFORMATION: On May 3, DEPARTMENT OF COMMERCE record and to report findings and 2010, the Department published the recommendations to the Board. Foreign-Trade Zones Board notice of initiation of the sunset review Public comment is invited from of the antidumping duty order on [Docket 60–2010] interested parties. Submissions (original potassium permanganate from the PRC and 3 copies) shall be addressed to the pursuant to section 751(c) of the Tariff Foreign-Trade Zone 22–Chicago, IL, Board’s Executive Secretary at the Act of 1930, as amended (‘‘the Act’’). See Application for Subzone Baxter address below. The closing period for Initiation of Five-Year (‘‘Sunset’’) Healthcare Corporation their receipt is December 27, 2010. Review, 75 FR 23240 (May 3, 2010). (Pharmaceutical and Biological Rebuttal comments in response to As a result of its review, the Product Manufacturing), Round material submitted during the foregoing Department determined that revocation Lake, IL period may be submitted during the of the antidumping duty order on subsequent 15-day period to January 10, An application has been submitted to potassium permanganate from the PRC 2011. the Foreign-Trade Zones Board (the would likely lead to a continuation or A copy of the application will be Board) by the Illinois International Port recurrence of dumping and, therefore, available for public inspection at the District, grantee of FTZ 22, requesting notified the ITC of the magnitude of the Office of the Executive Secretary, special-purpose subzone status for the margins likely to prevail should the Foreign-Trade Zones Board, Room 2111, order be revoked. See Potassium pharmaceutical and biological U.S. Department of Commerce, 1401 Permanganate from the People’s intravenous (I.V.) product Constitution Avenue, NW., Washington, Republic of China: Final Results of manufacturing facility of Baxter DC 20230–0002, and in the ‘‘Reading Expedited Sunset Review of Healthcare Corporation (Baxter), located Room’’ section of the Board’s Web site, Antidumping Duty Order, 75 FR 52509 near Round Lake (Lake County), Illinois. which is accessible via http:// (August 26, 2010). The application was submitted pursuant www.trade.gov/ftz. On September 20, 2010, the ITC to the provisions of the Foreign-Trade For further information, contact Diane determined, pursuant to section 751(c) Zones Act, as amended (19 U.S.C. 81a– Finver at [email protected] or of the Act, that revocation of the 81u), and the regulations of the Board (202) 482–1367. antidumping duty order on potassium (15 CFR part 400). It was formally filed Dated: October 15, 2010. permanganate from the PRC would on October 15, 2010. likely lead to a continuation or Andrew McGilvray, The Baxter facility (500 recurrence of material injury to an manufacturing employees, Executive Secretary. industry in the United States within a approximately 154 acres/1,427,047 [FR Doc. 2010–26925 Filed 10–22–10; 8:45 am] reasonably foreseeable future. See square feet (303,831 manufacturing BILLING CODE 3510–DS–P Potassium Permanganate From China square feet)) is located at 25212 W. Determination, 75 FR 63856 (October Illinois Route 120, near Round Lake, 18, 2010), and USITC Publication 4183 Illinois. Activity to be conducted under DEPARTMENT OF COMMERCE (September 2010), Potassium FTZ procedures would include International Trade Administration Permanganate from China: Investigation manufacturing, warehousing and No. 731–TA–125 (Third Review). distribution of pre-mixed, filled [A–570–001] pharmaceutical and biological I.V. units Scope of the Order (up to 70 million units annually) for Potassium Permanganate From the Imports covered by the order are export and the domestic market. Baxter People’s Republic of China: shipments of potassium permanganate, is requesting to use zone procedures for Continuation of Antidumping Duty an inorganic chemical produced in free- the foreign-origin laminated film used to Order flowing, technical, and pharmaceutical make the I.V. bags (HTSUS 3920.10, grades. Potassium permanganate is AGENCY: Import Administration, duty rate: 4.2%), representing some 7.5 currently classifiable under item International Trade Administration, percent of the finished product’s value. 2841.61.00 of the Harmonized Tariff Department of Commerce. FTZ procedures could exempt Baxter Schedule of the United States from customs duty payments on the DATES: Effective Date: October 25, 2010. (‘‘HTSUS’’). The HTSUS item numbers foreign laminated film used in export SUMMARY: As a result of the are provided for convenience and production (up to some 7 percent of determinations by the Department of customs purposes. The written annual shipments). On its domestic Commerce (‘‘Department’’) and the description remains dispositive. sales, Baxter would be able to choose International Trade Commission (‘‘ITC’’) the duty rate during customs entry that revocation of the antidumping duty Continuation of the Order procedures that applies to the finished order on potassium permanganate from As a result of these determinations by pharmaceutical and biological I.V. the People’s Republic of China (‘‘PRC’’) the Department and the ITC that

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revocation of the antidumping duty SUPPLEMENTARY INFORMATION: Title III of Background order would likely lead to a the Export Trading Company Act of continuation or recurrence of dumping 1982 (15 U.S.C. 4001–21) authorizes the On March 30, 2010, the Department of and material injury to an industry in the Secretary of Commerce to issue Export Commerce (‘‘Department’’) published a United States, pursuant to section Trade Certificates of Review. The notice of initiation of an administrative 751(d)(2) of the Act, the Department regulations implementing Title III are review of the antidumping duty order hereby orders the continuation of the found at 15 CFR part 325 (2010). on stainless steel bar from India antidumping order on potassium The Office of Competition and covering the period February 1, 2009, permanganate from the PRC. U.S. Economic Analysis (‘‘OCEA’’) is issuing through January 31, 2010. See Initiation Customs and Border Protection will this notice pursuant to 15 CFR 325.6(b), of Antidumping and Countervailing continue to collect antidumping duty which requires the Secretary of Duty Administrative Reviews and cash deposits at the rates in effect at the Commerce to publish a summary of the Requests for Revocation in Part, 75 FR time of entry for all imports of subject certification in the Federal Register. 15679 (March 30, 2010). The merchandise. The effective date of the Under section 305(a) of the Act and 15 preliminary results for this continuation of the order will be the CFR 325.11(a), any person aggrieved by administrative review are currently due date of publication in the Federal the Secretary’s determination may, no later than October 31, 2010. Register of this notice of continuation. within 30 days of the date of this notice, Pursuant to section 751(c)(2) of the Act, bring an action in any appropriate Extension of Time Limits for the Department intends to initiate the district court of the United States to set Preliminary Results next five-year review of the order not aside the determination on the ground later than 30 days prior to the fifth that the determination is erroneous. Section 751(a)(3)(A) of the Tariff Act anniversary of the effective date of of 1930, as amended (‘‘the Act’’), Description of Amended Certificate continuation. requires the Department to issue the This five-year (sunset) review and this FCE’s Export Trade Certificate of preliminary results of an administrative notice are in accordance with section Review has been amended to: review within 245 days after the last day 751(c) of the Act and published 1. Add the following new Members of of the anniversary month of an pursuant to section 777(i)(1) of the Act. the Certificate within the meaning of antidumping duty order for which a section 325.2(1) of the Regulations (15 review is requested and issue the final Dated: October 19, 2010. CFR 325.2(1)): Riverfront Packing Co. results within 120 days after the date on Ronald K. Lorentzen, LLC, Vero Beach, FL; and Indian River which the preliminary results are Deputy Assistant Secretary for Import Exchange Packers, Inc., Vero Beach, FL. Administration. published. However, if it is not 2. Delete the following Members from practicable to complete the review [FR Doc. 2010–26745 Filed 10–22–10; 8:45 am] FCE’s Certificate: Dole Citrus, Vero within the time period, section BILLING CODE 3510–DS–P Beach, FL; Harbor Island Citrus Inc., 751(a)(3)(A) of the Act allows the Vero Beach, FL; and Minton Sun, Inc. Department to extend these deadlines to Ft. Pierce, FL. DEPARTMENT OF COMMERCE a maximum of 365 days and 180 days, Dated: October 18, 2010. respectively. International Trade Administration Joseph E. Flynn, Due to the complexity of the issues in Director, Office of Competition and Economic [Application No. 94–4A007] this case, the Department requires Analysis. additional time to review and analyze Export Trade Certificate of Review [FR Doc. 2010–26663 Filed 10–22–10; 8:45 am] the respondent’s sales and cost BILLING CODE 3510–DR–P information and to issue supplemental ACTION: Notice of issuance of an questionnaires. In addition, pursuant to amended export trade certificate of 19 CFR 351.307(b)(1)(iii), the review to Florida Citrus Exports L.C. DEPARTMENT OF COMMERCE (‘‘FCE’’) (Application #94–4A007). Department plans to conduct International Trade Administration verification in response to Venus Wire ‘‘ ’’ SUMMARY: The U.S. Department of [A–533–810] Industries Pvt. Ltd.’s ( Venus ) request Commerce issued an amended Export for revocation.1 The Department will Trade Certificate of Review to Florida Stainless Steel Bar From India: require time to conduct the verification Citrus Exports L.C. on October 13, 2010. Extension of Time Limit for the and to write its verification report, prior The Certificate has now been amended Preliminary Results of the to publishing the preliminary results. nine times. The previous amendment Antidumping Duty Administrative Thus, it is not practicable to complete was issued to FCE on May 8, 2000, and Review the preliminary results of this review a notice of its issuance was published in within the original time limit (i.e., AGENCY: Import Administration, the Federal Register on May 12, 2000 October 31, 2010). Therefore, the International Trade Administration, (65 FR 30564). The original Certificate Department is extending the time limit Department of Commerce. for FCE was issued on February 23, for completion of the preliminary DATES: Effective Date: October 25, 2010. 1995, and a notice of its issuance was results to no later than February 28, published in the Federal Register on FOR FURTHER INFORMATION CONTACT: 2011, in accordance with section May 8, 1995 (60 FR 12735). Austin Redington, AD/CVD Operations, 751(a)(3)(A) of the Act. FOR FURTHER INFORMATION CONTACT: Office 1, Import Administration, We are issuing and publishing this Joseph E. Flynn, Director, Office of International Trade Administration, Competition and Economic Analysis, U.S. Department of Commerce, 14th notice in accordance with sections International Trade Administration, by Street and Constitution Avenue, NW., 751(a)(3)(A) and 777(i)(1) of the Act. telephone at (202) 482–5131 (this is not Washington, DC 20230; telephone (202) a toll-free number) or e-mail at 482–1664. 1 See Venus’ February 24, 2010, letter ‘‘Request for [email protected]. SUPPLEMENTARY INFORMATION: Revocation of Dumping Order.’’

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Dated: October 18, 2010. preliminary results were issued. Republic of China (‘‘PRC’’).1 The period Ronald K. Lorentzen, However, if the Department concludes of review (‘‘POR’’) is April 1, 2008, Deputy Assistant Secretary for Import that a new shipper review is through March 31, 2009. We have Administration. extraordinarily complicated, section determined that Tianjin Magnesium [FR Doc. 2010–26929 Filed 10–22–10; 8:45 am] 751(a)(2)(B)(iv) of the Act and section International Co., Ltd. (‘‘TMI’’), the only BILLING CODE 3510–DS–P 351.214(i)(2) of the Department’s respondent in this review, made sales in regulations allow the Department to the United States at prices below normal extend the 180-day period to 300 days, value (‘‘NV’’). There are no other DEPARTMENT OF COMMERCE and to extend the 90-day period to 150 respondents covered by this review. We days. The Department determines that invited interested parties to comment on International Trade Administration this new shipper review involves our Preliminary Results. Based on our [A–533–824] extraordinarily complicated issues analysis of the comments received, we pertaining to the bona fides of the new made changes to our margin Polyethylene Terephthalate Film, Sheet shipper, including the examination of calculations for TMI. The final dumping and Strip From India: Extension of importer and customer information. The margin for this review is listed in the Time Limit for Preliminary Results of Department also must address certain ‘‘Final Results Margins’’ section below. Antidumping Duty New Shipper complicated methodological issues DATES: Effective Date: October 25, 2010. Review pertaining to SRF Limited’s reported FOR FURTHER INFORMATION CONTACT: sales data. Because of these issues, the AGENCY: Import Administration, Laurel LaCivita, Sergio Balbontin, Eve International Trade Administration, Department must issue another Wang, or Eugene Degnan, AD/CVD Department of Commerce. supplemental questionnaire to SRF Operations, Office 8, Import Limited, provide SRF Limited with time Administration, International Trade DATES: Effective Date: October 25, 2010. to respond, and analyze SRF Limited’s Administration, U.S. Department of FOR FURTHER INFORMATION CONTACT: Elfi response. Commerce, 14th Street and Constitution Blum, Import Administration, Therefore, the Department is Avenue, NW., Washington, DC 20230; International Trade Administration, telephone: (202) 482–4243, (202) 482– U.S. Department of Commerce, 14th extending the deadline for completion of the preliminary results of this new 6478, (202) 482–6231 and (202) 482– Street and Constitution Avenue, NW., 0414, respectively. Washington, DC 20230; telephone: (202) shipper review by an additional total of 482–0197. 55 days, in accordance with section Background 751(a)(2)(B)(iv) of the Act and 19 CFR On April 21, 2010, the Department Background 351.214(i)(2). Accordingly, the deadline published its Preliminary Results in the for the completion of the preliminary On March 2, 2010, the Department of antidumping duty administrative review results is now no later than December Commerce (the Department) initiated a of magnesium metal from the People’s 16, 2010. new shipper review under the Republic of China (‘‘PRC’’).2 On April antidumping duty order on This notice is issued and published 30, 2010, US Magnesium LLC polyethylene terephthalate film, sheet pursuant to sections 751(a)(2)(B)(iv) and (‘‘Petitioner’’) requested a hearing for and strip from India for the period July 777(i)(1) of the Act. issues raised in the case and rebuttal 1, 2009 through December 31, 2009. See Dated: October 18, 2010. briefs. Polyethylene Terephthalate Film, Sheet Susan H. Kuhbach, On May 14, 2010, all parties and Strip from India: Initiation of (Petitioner and TMI) submitted publicly Antidumping Duty and Countervailing Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty available surrogate value data to value Duty New Shipper Reviews, 75 FR 10758 Operations. TMI’s factors of production. On May 24, (March 9, 2010). This new shipper [FR Doc. 2010–26924 Filed 10–22–10; 8:45 am] parties submitted rebuttal comments review covers one producer and addressing the May 14, 2010 BILLING CODE 3510–DS–P exporter of the subject merchandise to submissions. On July 14, 2010, the the United States: SRF Limited. On Department re-opened the record to August 27, 2010, the Department DEPARTMENT OF COMMERCE place additional wage rate information published a notice of extension for this on the record for consideration in the new shipper review. See Polyethylene International Trade Administration final results, and requested parties to Terephthalate Film, Sheet and Strip provide comments on that data in their from India: Extension of Time Limit for [A–570–896] case and rebuttal briefs. Preliminary Results of Antidumping We received the case briefs from Duty New Shipper Review, 75 FR 52717 Magnesium Metal From the People’s Petitioner and TMI on July 22, 2010, (August 27, 2010). The preliminary Republic of China: Final Results of the and rebuttal briefs on July 27, 2010. In results of this review are currently due 2008–2009 Antidumping Duty addition, on August 26, 2010, TMI no later than October 22, 2010. Administrative Review of the provided comments on the Department’s July 14, 2010, wage rate Extension of Time Limit for the Antidumping Duty Order information. On August 30, 2010, Preliminary Results AGENCY: Import Administration, Petitioner provided rebuttal comments Section 751(a)(2)(B)(iv) of the Tariff International Trade Administration, to TMI’s wage rate comment. Act of 1930, as amended (the Act), and Department of Commerce. On August 18, 2010, the Department section 351.214(i)(1) of the Department’s extended the deadline for the final regulations require the Department to SUMMARY: On April 21, 2010, the issue the preliminary results of review Department of Commerce 1 See Magnesium Metal from the People’s within 180 days after the date on which (‘‘Department’’) published the Republic of China: Preliminary Results of the 2008– preliminary results in the 2008–2009 2009 Administrative Review of the Antidumping the new shipper review was initiated, Duty Order, 75 FR 20817 (April 21, 2010) and final results of the review within 90 antidumping duty administrative review (‘‘Preliminary Results’’). days after the date on which the of magnesium metal from the People’s 2 See Preliminary Results.

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results of review to October 18, 2010.3 primary and secondary alloy graphite, coke, silicon, rare earth The Department held a public hearing magnesium metal, regardless of metals/mischmetal, cryolite, silica/fly on September 1, 2010, which included chemistry, raw material source, form, ash, magnesium oxide, periclase, discussion regarding the wage rate shape, or size. Magnesium is a metal or ferroalloys, dolomite lime, and information submitted by the parties alloy containing by weight primarily the colemanite.7 subsequent to the case and rebuttal element magnesium. Primary The merchandise subject to this order briefs. magnesium is produced by is classifiable under items 8104.19.00, decomposing raw materials into and 8104.30.00 of the Harmonized Tariff Analysis of Comments Received magnesium metal. Secondary Schedule of the United States All issues raised in the case and magnesium is produced by recycling (‘‘HTSUS’’). Although the HTSUS items rebuttal briefs filed by parties in this magnesium-based scrap into magnesium are provided for convenience and review are addressed in the metal. The magnesium covered by this customs purposes, the written Memorandum from Susan H. Kuhbach, order includes blends of primary and description of the merchandise is Acting Deputy Assistant Secretary for secondary magnesium. dispositive. Antidumping and Countervailing Duty The subject merchandise includes the Changes Since the Preliminary Results Operations, to Ronald K. Lorentzen, following alloy magnesium metal Deputy Assistant Secretary for Import products made from primary and/or Based on an analysis of the comments Administration, regarding, Magnesium secondary magnesium including, received, the Department has made Metal from the People’s Republic of without limitation, magnesium cast into certain changes in the margin China: Issues and Decision ingots, slabs, rounds, billets, and other calculation. For the final results, the Memorandum for the Final Results of shapes; magnesium ground, chipped, Department has made the following the 2008–2009 Administrative Review, crushed, or machined into rasping, changes: • dated October 18, 2010 (‘‘Issues and granules, turnings, chips, powder, We revised our determination of the Decision Memorandum’’), which is briquettes, and other shapes; and surrogate financial ratios to include the hereby adopted by this notice. A list of products that contain 50 percent or financial statements of Gujarat Foils Ltd. the issues that parties raised and to greater, but less than 99.8 percent, with those of Sudal Industries, Ltd., which we responded in the Issues and magnesium, by weight, and that have which we used in the preliminary Decision Memorandum follows as an been entered into the United States as results of review. See Comment 1 of the appendix to this notice. The Issues and conforming to an ‘‘ASTM Specification accompanying Issues and Decision Decision Memorandum is a public 5 Memorandum. for Magnesium Alloy’’ and are thus • document and is on file in the Central outside the scope of the existing We revised the surrogate wage rate. Records Unit (‘‘CRU’’), Main Commerce antidumping orders on magnesium from See Comments 3 through 6 of the Building, Room 7046, and is also the PRC (generally referred to as ‘‘alloy’’ accompanying Issues and Decision accessible on the Web at http:// Memorandum. magnesium). • ia.ita.doc.gov/frn. The paper copy and The scope of this order excludes: We revised the surrogate value for electronic version of the Issues and (1) All forms of pure magnesium, brokerage and handling. See Comments Decision Memorandum are identical in including chemical combinations of 8 of the accompanying Issues and content. magnesium and other material(s) in Decision Memorandum. Verification which the pure magnesium content is Final Results Margin 50 percent or greater, but less than 99.8 As provided in section 782(i) of the We determine the weighted-average percent, by weight, that do not conform dumping margin for TMI for the period Tariff Act of 1930, as amended (‘‘the ‘‘ to an ASTM Specification for April 1, 2008, through March 31, 2009, Act’’), we verified the information ’’ 6 Magnesium Alloy ; (2) magnesium that to be 0.00 percent. submitted by TMI for use in our final is in liquid or molten form; and (3) 4 results of review. We used standard mixtures containing 90 percent or less Assessment Rates verification procedures, including magnesium in granular or powder form examination of relevant accounting and Pursuant to section 751(a)(2)(A) of the by weight and one or more of certain Act and 19 CFR 351.212(b), the production records, as well as original non-magnesium granular materials to source documents provided by TMI. Department will determine, and U.S. make magnesium-based reagent Customs and Border Protection (‘‘CBP’’) Period of Review mixtures, including lime, calcium shall assess, antidumping duties on all metal, calcium silicon, calcium carbide, The POR is April 1, 2008, through appropriate entries of subject calcium carbonate, carbon, slag March 31, 2009. merchandise in accordance with the coagulants, fluorspar, nephaline syenite, final results of this review. For Scope of the Order feldspar, alumina (Al203), calcium assessment purposes, we calculated The product covered by this aluminate, soda ash, hydrocarbons, antidumping duty order is magnesium 7 This third exclusion for magnesium-based 5 metal from the PRC, which includes The meaning of this term is the same as that reagent mixtures is based on the exclusion for used by the American Society for Testing and reagent mixtures in the 2000–2001 investigations of Materials in its Annual Book for ASTM Standards: magnesium from China, Israel, and Russia. See 3 See Magnesium Metal from the People’s Volume 01.02 Aluminum and Magnesium Alloys. Final Determination of Sales at Less Than Fair Republic of China; Extension of Time for the Final 6 The material is already covered by existing Value: Pure Magnesium in Granular Form From the Results of the Antidumping Duty Administrative antidumping orders. See Notice of Antidumping People’s Republic of China, 66 FR 49345 Review, 75 FR 50992 (August 18, 2010). Duty Orders: Pure Magnesium from the People’s (September 27, 2001); Final Determination of Sales 4 See Memorandum to Wendy J. Frankel, Republic of China, the Russian Federation and at Less Than Fair Value: Pure Magnesium From ‘‘Antidumping Duty Administrative Review of Ukraine; Notice of Amended Final Determination of Israel, 66 FR 49349 (September 27, 2001); Final Magnesium Metal from the People’s Republic of Sales at Less Than Fair Value: Antidumping Duty Determination of Sales at Not Less Than Fair Value: China: Verification of the Sales and Factors of Investigation of Pure Magnesium from the Russian Pure Magnesium From the Russian Federation, 66 Production of Tianjin Magnesium Industries, (‘‘TMI Federation, 60 FR 25691 (May 12, 1995); and FR 49347 (September 27, 2001). These mixtures are Verification Report’’)’’ dated July 1, 2010, on the Antidumping Duty Order: Pure Magnesium in not magnesium alloys, because they are not record of this review CRU, Room 7046 of the main Granular Form from the People’s Republic of China, combined in liquid form and cast into the same Department building. 66 FR 57936 (November 19, 2001). ingot.

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importer (or customer)-specific responsibility under 19 CFR Comment 10: The Accuracy of TMI’s assessment rates for merchandise 351.402(f)(2) to file a certificate Reported Flux Consumption subject to this review. Where regarding the reimbursement of Comment 11: The Appropriate HTS appropriate, we calculated an ad antidumping duties prior to liquidation Classification for Magnesium Waste and Scrap valorem rate for each importer (or of the relevant entries during this customer) by dividing the total dumping review period. Failure to comply with [FR Doc. 2010–26931 Filed 10–22–10; 8:45 am] margins for reviewed sales to that party this requirement could result in the BILLING CODE P by the total entered values associated Secretary’s presumption that with those transactions. For duty- reimbursement of the antidumping assessment rates calculated on this duties occurred and the subsequent DEPARTMENT OF COMMERCE basis, we will direct CBP to assess the assessment of double antidumping National Oceanic and Atmospheric resulting ad valorem rate against the duties. Administration entered customs values for the subject Notification to Interested Parties merchandise. Where appropriate, we RIN 0648–XZ32 calculated a per-unit rate for each This notice also serves as a reminder importer (or customer) by dividing the to parties subject to administrative Fisheries of the Northeastern United total dumping margins for reviewed protective orders (‘‘APOs’’) of their States; Atlantic Surfclam and Ocean sales to that party by the total sales responsibility concerning the return or Quahog Fisheries; Notice That Vendor quantity associated with those destruction of proprietary information Will Provide Year 2011 Cage Tags transactions. For duty-assessment rates disclosed under the APO in accordance AGENCY: calculated on this basis, we will direct with 19 CFR 351.305(a)(3), which National Marine Fisheries CBP to assess the resulting per-unit rate continues to govern business Service (NMFS), National Oceanic and against the entered quantity of the proprietary information in this segment Atmospheric Administration (NOAA), subject merchandise. Where an importer of the proceeding. Timely written Commerce. (or customer)-specific assessment rate is notification of the return/destruction of ACTION: Notice of vendor to provide de minimis (i.e., less than 0.50 percent), APO materials or conversion to judicial fishing year 2011 cage tags. the Department will instruct CBP to protective order is hereby requested. SUMMARY: NMFS informs surfclam and assess that importer (or customer’s) Failure to comply with the regulations ocean quahog individual transferable entries of subject merchandise without and terms of an APO is a violation quota (ITQ) allocation holders that they regard to antidumping duties, in which is subject to sanction. accordance with 19 CFR 351.106(c)(2). will be required to purchase their The Department intends to issue Disclosure fishing year 2011 cage tags from the assessment instructions to CBP 15 days We will disclose the calculations National Band and Tag Company. The after the date of publication of these performed within five days of the date intent of this notice is to comply with final results of review. of publication of this notice to parties in regulations for the Atlantic surfclam and this proceeding in accordance with 19 ocean quahog fisheries and to promote Cash Deposit Requirements CFR 351.224(b). efficient distribution of cage tags. The following cash deposit We are issuing and publishing the ADDRESSES: Written inquiries may be requirements will be effective upon final results and notice in accordance sent to: Regional Administrator, publication of the final results of this with sections 751(a)(1) and 777(i)(1) of National Marine Fisheries Service, administrative review for all shipments the Act. Northeast Regional Office, 55 Great of the subject merchandise entered, or Dated: October 18, 2010. Republic Drive, Gloucester, MA 01930– withdrawn from warehouse, for Ronald K. Lorentzen, 2298. consumption on or after the publication FOR FURTHER INFORMATION CONTACT: date, as provided for by section Deputy Assistant Secretary for Import Administration. Anna Macan, Fishery Management 751(a)(2)(C) of the Act: (1) For TMI, the Specialist, (978) 281–9165; fax (978) cash deposit rate will be 0.00 percent, Appendix I 281–9135. as listed above; (2) for previously Comment 1: The Selection of Surrogate SUPPLEMENTARY INFORMATION: The investigated or reviewed PRC and non- Financial Statements Federal Atlantic surfclam and ocean PRC exporters not listed above that have Comment 2: Information Contained in quahog fishery regulations at 50 CFR separate rates, the cash deposit rate will Petitioner’s Case Brief Which is Not on 648.75(b) authorize the Regional continue to be the exporter-specific rate the Record of This Review Administrator of the Northeast Region, published for the most recent period; Comment 3: Whether the Department Should NMFS, to specify in the Federal (3) for all PRC exporters of subject Calculate the Surrogate Value for Labor Register a vendor from whom cage tags, merchandise which have not been Using Multiple Surrogate Countries or a Single Country, India required under the Atlantic Surfclam found to be entitled to a separate rate, Comment 4: Whether the Department Should and Ocean Quahog Fishery Management the cash deposit rate will be the PRC- Expand the List Of Economically Plan (FMP), shall be purchased. Notice wide rate of 141.49 percent; and (4) for Comparable Countries is hereby given that National Band and all non-PRC exporters of subject Comment 5: Whether To Use ILO Wage Data Tag Company of Newport, Kentucky, is merchandise which have not received Contemporaneous With the POR Rather the authorized vendor of cage tags their own rate, the cash deposit rate will Than Using Pre-POR Data and Adjusting required for the fishing year 2011 be the rate applicable to the PRC for Inflation Federal surfclam and ocean quahog exporter that supplied that non-PRC Comment 6: Whether the Department Should Exclude Indian Data from the Wage Rate fisheries. Detailed instructions for exporter. The deposit requirements shall Calculation purchasing these cage tags will be remain in effect until further notice. Comment 7: The Source of the Surrogate provided in a letter to ITQ allocation Notification to Importers Value Foreign Inland Freight holders in these fisheries from NMFS Comment 8: The Surrogate Value for This notice also serves as a final Brokerage and Handling within the next several weeks. reminder to importers of their Comment 9: Valuation of Flux Authority: 16 U.S.C. 1801 et seq.

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Dated: October 20, 2010. FY–2009 and FY–2010 Miguel A. Rolo´n, Executive Director, Carrie Selberg, —SOPPs Caribbean Fishery Management Council, Acting Director, Office of Sustainable —Other Business 268 Mun˜ oz Rivera Avenue, Suite 1108, Fisheries, National Marine Fisheries Service. San Juan, Puerto Rico, 00918–1920, December 15, 2010, 9 a.m.—5 p.m. [FR Doc. 2010–26938 Filed 10–22–10; 8:45 am] telephone (787) 766–5926, at least 5 • BILLING CODE 3510–22–P Second ACLs Amendment—Other days prior to the meeting date. Species (cont.). Dated: October 20, 2010. • EFH Document. Tracey L. Thompson, DEPARTMENT OF COMMERCE • Queen Conch Survey. • Benthic Habitats and Associated Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. National Oceanic and Atmospheric Fish Communities at El Seco Reef Administration Southeast Vieques—Dr. Jorge R. Garcı´a- [FR Doc. 2010–26832 Filed 10–22–10; 8:45 am] BILLING CODE 3510–22–P RIN 0648–XZ97 Sais. • Highly Migratory Species Caribbean Fishery Management Presentation. DEPARTMENT OF COMMERCE Council; Public Meeting • NOAA Recreational Fisheries Update—Russell Dunn. International Trade Administration AGENCY: National Marine Fisheries • Enforcement Reports. Service (NMFS), National Oceanic and [A–351–828] —Puerto Rico. Atmospheric Administration (NOAA), —U.S. Virgin Islands—DPNR. Commerce. Certain Hot-Rolled Flat-Rolled Carbon —NOAA/NMFS. Quality Steel Flat Products From ACTION: Notice of public meetings. —U.S. Coast Guard. Brazil: Notice of Rescission of • SUMMARY: The Caribbean Fishery Administrative Committee Antidumping Duty Administrative Management Council (Council) and its Recommendations. Review • Meetings Attended by Council Administrative Committee will hold AGENCY: Import Administration, meetings. Members and Staff. • Public Comment Period (5-Minutes International Trade Administration, DATES: The meetings will be held on Presentations). Department of Commerce. December 14–15, 2010. The Council • Other Business. SUMMARY: On April 27, 2010, the U.S. will convene on Tuesday, December 14, • Next Council Meeting. Department of Commerce (the 2010, from 9 a.m. to 5 p.m., and the The established times for addressing Department) published a notice of Administrative Committee will meet items on the agenda may be adjusted as initiation of an administrative review of from 5:15 p.m. to 6 p.m. They will necessary to accommodate the timely the antidumping duty order on certain reconvene on Wednesday, December 15, completion of discussion relevant to the hot-rolled flat-rolled carbon quality steel 2010, from 9 a.m. to 5 p.m. agenda items. To further accommodate flat products (hot-rolled steel) from ADDRESSES: The meetings will be held at discussion and completion of all items Brazil. The review covers four the El Conquistador Resort, 1000 El on the agenda, the meeting may be producers/exporters of hot-rolled steel Conquistador Avenue, Las Croabas, extended from, or completed prior to from Brazil, all mandatory respondents. Fajardo, Puerto Rico 00738. the date established in this notice. Based on the withdrawal of requests FOR FURTHER INFORMATION CONTACT: The meetings are open to the public, from Nucor Corporation (Nucor) and Caribbean Fishery Management Council, and will be conducted in English. United States Steel Corporation (U.S. 268 Mun˜ oz Rivera Avenue, Suite 1108, However, simultaneous translation Steel), domestic producers of hot-rolled San Juan, Puerto Rico 00918–1920, (English/Spanish) will be provided. steel, we are now rescinding this telephone: (787) 766–5926. Fishers and other interested persons are administrative review in full. SUPPLEMENTARY INFORMATION: The invited to attend and participate with DATES: Effective Date: October 25, 2010. Council will hold its 136th regular oral or written statements regarding FOR FURTHER INFORMATION CONTACT: Council Meeting to discuss the items agenda issues. David Cordell, Ericka Ukrow, or contained in the following agenda: Although non-emergency issues not Angelica Mendoza, AD/CVD contained in this agenda may come Operations, Office 7, Import December 14, 2010—9 a.m. to 5 p.m. before this group for discussion, those Administration, International Trade • Call to Order. issues may not be subjects for formal Administration, U.S. Department of • Adoption of Agenda. action during this meeting. Actions will Commerce, 14th Street and Constitution • Consideration of the 135th Council be restricted to those issues specifically Avenue, NW., Washington, DC 20230; Meeting Verbatim Transcription. identified in this notice, and any issues telephone: (202) 482–0408, (202) 482– • Executive Director’s Report. arising after publication of this notice 0405, or (202) 482–3019, respectively. • ACLs/AMs Report/Discussion. that require emergency action under SUPPLEMENTARY INFORMATION: • Trap Reduction Program Update— section 305(c) of the Magnuson-Stevens Anthony Iarocci/Tony Blanchard. Fishery Conservation and Management Background • Catch Share Program Report. Act, provided that the public has been On March 1, 2010, the Department • Second ACL Amendment—Other notified of the Council’s intent to take published in the Federal Register the Species. final action to address the emergency. notice of opportunity to request an PUBLIC COMMENT PERIOD (5 administrative review of the MINUTES PRESENTATIONS). Special Accommodations antidumping duty order on hot-rolled These meetings are physically steel from Brazil for the period March 1, 5:15 p.m.–6 p.m. accessible to people with disabilities. 2009, through February 28, 2010. See • Administrative Committee Meeting For more information or request for sign Antidumping or Countervailing Duty —AP/SSC Membership language interpretation and/other Order, Finding, or Suspended —Budget auxiliary aids, please contact Mr. Investigation; Opportunity To Request

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Administrative Review, 75 FR 9162 Brasil clarifying that in order to be Scope of the Order (March 1, 2010). On March 31, 2010, the recognized as the successor-in-interest The products covered by the order are Department received requests from of CST it has to formally request the certain hot-rolled flat-rolled carbon- Nucor and U.S. Steel (collectively, Department to conduct a changed quality steel products of a rectangular domestic producers), that the circumstances review pursuant to shape, of a width of 0.5 inch or greater, Department conduct an administrative section 751(b) of the Tariff Act of 1930, review of the antidumping duty order neither clad, plated, nor coated with as amended (the Act), and 19 CFR metal and whether or not painted, on hot-rolled steel from Brazil. Domestic 351.216 and 351.221(c)(3). producers requested that the review varnished, or coated with plastics or cover four producers/exporters of hot- The Department issued a ‘‘No other non-metallic substances, in coils rolled steel from Brazil, namely Usinas Shipment Inquiry’’ to U.S. Customs and (whether or not in successively Siderurgicas de Minas Gerais S.A.— Border Protection (CBP) on June 15, superimposed layers) regardless of USIMINAS,1 Companhia Siderurgica 2010, to confirm that there were no thickness, and in straight lengths, of a Paulista—Cosipa (hereafter referred to shipments or entries of hot-rolled steel thickness less than 4.75 mm and of a as USIMINAS/COSIPA),2 Companhia from Brazil produced or exported by width measuring at least 10 times the Siderurgica de Tubarao (CST), and USIMINAS/COSIPA, CSN and CST thickness. Universal mill plate (i.e., flat- Companhia Siderurgica Nacional (CSN). during the POR of the instant rolled products rolled on four faces or On April 27, 2010, the Department administrative review. CBP only in a closed box pass, of a width published in the Federal Register the responds to the Department’s inquiry exceeding 150 mm, but not exceeding notice of initiation of this administrative when CBP finds that there have been 1250 mm and of a thickness of not less review of hot-rolled steel from Brazil. shipments or entries of the merchandise than 4 mm, not in coils and without See Initiation of Antidumping and in question. CBP did not respond to the patterns in relief) of a thickness not less Countervailing Duty Administrative Department’s inquiry, and no party than 4.0 mm is not included within the Reviews and Request for Revocation in submitted comments. Based on this scope of this order. Part, 75 FR 22107 (April 27, 2010). information, on July 6, 2010, the Specifically included in this scope are On May 4, 2010, the Department Department substantiated USIMINAS/ vacuum degassed, fully stabilized issued its antidumping duty COSIPA’s, CST’s, and CSN’s claims that (commonly referred to as interstitial-free questionnaire to all four mandatory they did not have any shipments or (IF)) steels, high strength low alloy respondents. Also, on May 4, 2010, entries of hot-rolled steel from Brazil (HSLA) steels, and the substrate for respondent CSN timely submitted its during the instant POR. See motor lamination steels. IF steels are certificate of no shipments, entries or Memorandum to the File titled, ‘‘Usinas recognized as low carbon steels with sales of subject merchandise to the Siderurgicas de Minas Gerais S.A. micro-alloying levels of elements such United States during the period of (USIMINAS), Companhia Siderurgica as titanium and/or niobium added to review (POR) March 1, 2009, through Paulista (Cosipa), Companhia stabilize carbon and nitrogen elements. February 28, 2010, and requested Siderurgica de Tubarao (CST), and HSLA steels are recognized as steels rescission of its administrative review. Companhia Siderurgica Nacional with micro-alloying levels of elements CST, on May 17, 2010, filed a timely (CSN)—No Shipments of Certain Hot- such as chromium, copper, niobium, certification that CST had no shipments, Rolled, Flat-Rolled Carbon Quality Steel titanium, vanadium, and molybdenum. sales or entries to the United States Flat Products From Brazil Pursuant to The substrate for motor lamination during the POR, and consequently also U.S. Customs and Border Protection steels contains micro-alloying levels of requested that its review be rescinded. Inquiry’’ from Ericka Ukrow, elements such as silicon and aluminum. In addition, it claimed that International Trade Compliance Steel products to be included in the ArcelorMittal Brasil is the successor-in- Analyst, dated July 6, 2010 (CBP scope of this order, regardless of interest to CST and requested the Memo). Harmonized Tariff Schedule of the Department rescind its review. United States (HTSUS) definitions, are On July 22, 2010, and July 23, 2010, USIMINAS/COSIPA submitted, on May products in which: (1) Iron 26, 2010, a certification that it had no respectively, Nucor and U.S. Steel predominates, by weight, over each of sales, shipments or entries of subject timely filed letters withdrawing their the other contained elements; (2) the merchandise to the United States during requests for review of the four carbon content is 2 percent or less, by the POR. companies for which the Department weight; and (3) none of the elements On June 3, 2010, the Department initiated this review basing their listed below exceeds the quantity, by issued a letter to CST and ArcelorMittal decision on the Department’s weight, respectively indicated: 1.80 substantiation of respondents’ claims of percent of manganese, or 1.50 percent of 1 In the initiation notice published on April 27, no shipments or entries of the subject silicon, or 1.00 percent of copper, or 2010 (75 FR 22108), the company Usinas merchandise during the POR. See Letter 0.50 percent of aluminum, or 1.25 Siderurgicas de Minas Gerais S.A. (USIMINAS), ‘‘ was incorrectly initiated as Usiminas Siderurgicas from Nucor titled, Certain Hot-Rolled percent of chromium, or 0.30 percent of de Minas Gerais S.A. (USIMINAS). The correction Carbon Steel Flat Products From Brazil: cobalt, or 0.40 percent of lead, or 1.25 of this spelling error was published in the following Withdrawal of Request for percent of nickel, or 0.30 percent of month’s notice of initiation of antidumping and Administrative Review,’’ dated July 22, countervailing duty administrative reviews. See tungsten, or 0.012 percent of boron, or Initiation of Antidumping and Countervailing Duty 2010; Letter from U.S. Steel titled, 0.10 percent of molybdenum, or 0.10 Administrative Reviews, 75 FR 29976 (May 28, ‘‘Certain Hot-Rolled Carbon Steel Flat percent of niobium, or 0.41 percent of 2010). Products From Brazil,’’ dated July 23, titanium, or 0.15 percent of vanadium, 2 In the final determination of the investigation of 2010, citing the Department’s CBP or 0.15 percent of zirconium. hot-rolled steel from Brazil, the Department determined that USIMINAS and COSIPA were memo, dated July 6, 2010. All products that meet the physical affiliated parties, and collapsed these entities. See Period of Review and chemical description provided Notice of Final Determination of Sales at Less Than above are within the scope of this order Fair Value; Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Products From Brazil, 64 FR 38756, The POR is March 1, 2009, through unless otherwise excluded. The 38759 (July 19, 1999). February 28, 2010. following products, by way of example,

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are outside and/or specifically excluded —SAE/AISI grades of series 2300 and —ASTM specifications A710 and A736. from the scope of this order: higher. —USS Abrasion-resistant steels (USS —Ball bearing steels, as defined in the AR 400, USS AR 500). —Alloy hot-rolled steel products in HTSUS. which at least one of the chemical —Tool steels, as defined in the HTSUS. Hot-rolled steel coil which meets the elements exceeds those listed above —Silico-manganese (as defined in the following chemical, physical and (including, e.g., ASTM specifications HTSUS) or silicon electrical steel with mechanical specifications: A543, A387, A514, A517, and A506). a silicon level exceeding 1.50 percent.

C Mn P S Si Cr Cu Ni

0.10–0.14% 0.90% Max 0.025% Max 0.005% Max 0.30–0.50% 0.50–0.70% 0.20–0.40% 0.20% Max. Width = 44.80 inches maximum; Thickness = 0.063–0.198 inches; Yield Strength = 50,000 ksi minimum; Tensile Strength = 70,000–88,000 psi.

—Hot-rolled steel coil which meets the following chemical, physical and mechanical specifications:

C Mn P S Si Cr Cu Ni Mo

0.10–0.16% 0.70–0.90% 0.025% Max 0.006% Max 0.30–0.50% 0.50–0.70% 0.25% Max 0.20% Max, 0.21% Max Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi Aim.

—Hot-rolled steel coil which meets the following chemical, physical and mechanical specifications:

C Mn P S Si Cr Cu Ni V (wt.) Cb

0.10–0.14% 1.30–1.80% 0.025% Max 0.005% Max 0.30–0.50% 0.50–0.70% 0.20–0.40% 0.20% Max 0.10 Max 0.08% Max. Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi Aim.

Hot-rolled steel coil which meets the following chemical, physical and mechanical specifications:

C Mn P S Si Cr Cu Ni Nb Ca Al

0.15% Max 1.40% Max 0.025% Max 0.010% Max 0.50% Max 1.00% Max 0.50% Max 0.20% Max 0.005% Min Treated 0.01–0.07% Width = 39.37 inches; Thickness = 0.181 inches maximum; Yield Strength = 70,000 psi minimum for thicknesses ≤ 0.148 inches and 65,000 psi minimum for thicknesses > 0.148 inches; Tensile Strength = 80,000 psi minimum.

Hot-rolled dual phase steel, phase- tolerances), thickness of 11 gauge 7212.40.50.00, 7212.50.00.00. Certain hardened, primarily with a ferritic- (0.119 inch nominal), mill edge and hot-rolled flat-rolled carbon-quality martensitic microstructure, contains 0.9 skin passed, with a minimum copper steel covered by this order, including: percent up to and including 1.5 percent content of 0.20%. Vacuum degassed, fully stabilized; high silicon by weight, further characterized strength low alloy; and the substrate for by either (i) tensile strength between The merchandise subject to this order motor lamination steel may also enter 540 N/mm2 and 640 N/mm2 and an is classified in the HTSUS at under the following tariff numbers: elongation percentage ≥ 26 percent for subheadings: 7208.10.15.00, 7225.11.00.00, 7225.19.00.00, thicknesses of 2 mm and above, or (ii) 7208.10.30.00, 7208.10.60.00, 7225.30.30.50, 7225.30.70.00, a tensile strength between 590 N/mm2 7208.25.30.00, 7208.25.60.00, 7225.40.70.00, 7225.99.00.90, and 690 N/mm2 and an elongation 7208.26.00.30, 7208.26.00.60, 7226.11.10.00, 7226.11.90.30, percentage ≥ 25 percent for thicknesses 7208.27.00.30, 7208.27.00.60, 7226.11.90.60, 7226.19.10.00, of 2 mm and above. 7208.36.00.30, 7208.36.00.60, 7226.19.90.00, 7226.91.50.00, —Hot-rolled bearing quality steel, SAE 7208.37.00.30, 7208.37.00.60, 7226.91.70.00, 7226.91.80.00, and grade 1050, in coils, with an inclusion 7208.38.00.15, 7208.38.00.30, 7226.99.01.80. rating of 1.0 maximum per ASTM E 7208.38.00.90, 7208.39.00.15, Although the HTSUS subheadings are 45, Method A, with excellent surface 7208.39.00.30, 7208.39.00.90, provided for convenience and Customs quality and chemistry restrictions as 7208.40.60.30, 7208.40.60.60, purposes, the written description of the follows: 0.012 percent maximum 7208.53.00.00, 7208.54.00.00, merchandise under this order is phosphorus, 0.015 percent maximum 7208.90.00.00, 7210.70.30.00, dispositive. sulfur, and 0.20 percent maximum 7210.90.90.00, 7211.14.00.30, residuals including 0.15 percent 7211.14.00.90, 7211.19.15.00, Rescission of Antidumping Duty maximum chromium. 7211.19.20.00, 7211.19.30.00, Administrative Review —Grade ASTM A570–50 hot-rolled steel 7211.19.45.00, 7211.19.60.00, Pursuant to 19 CFR 351.213(d)(1), the sheet in coils or cut lengths, width of 7211.19.75.30, 7211.19.75.60, Secretary will rescind an administrative 74 inches (nominal, within ASTM 7211.19.75.90, 7212.40.10.00, review, in whole or in part, if a party

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that requested a review withdraws the CORPORATION FOR NATIONAL AND This new information collection request within 90 days of the date of COMMUNITY SERVICE request implements provisions of the publication of the notice of initiation of Serve America Act (42 U.S.C. 12501), the requested review. Because parties Information Collection; Submission for which authorize AmeriCorps members submitted their requests to rescind the OMB Emergency Review to transfer all or a part of an education administrative review of all four award, with limitations on who can AGENCY: companies within 90 days of the date of Corporation for National and transfer an award and who can receive publication of the notice of initiation, Community Service. the transferred award. the Department is rescinding this review ACTION: Notice. We are therefore submitting the in accordance with 19 CFR enclosed request under 5 CFR 1320.13 351.213(d)(1). SUMMARY: The Corporation for National to OMB for emergency processing and and Community Service (hereinafter the approval of information collection Assessment Instructions ‘‘Corporation’’), has submitted an activities. The Department will instruct CBP to information collection request (ICR) This submission includes four assess antidumping duties on all consisting of four instruments entitled documents entitled Request to Transfer appropriate entries. For companies for Request to Transfer a Segal Education a Segal Education Award Amount Form, which this review is rescinded, Award Amount Form, Accept/Decline Accept/Decline Award Transfer Form, antidumping duties shall be assessed at Award Transfer Form, Request to Request to Revoke Transfer of Education rates equal to the cash deposit of Revoke Transfer of Education Award Award Form, and Rescind Acceptance estimated antidumping duties required Form, and Rescind Acceptance of of Award Transfer Form. at the time of entry, or withdrawal from Award Transfer Form to the Office of Type of Review: Emergency request. warehouse, for consumption, in Management and Budget (OMB) for Agency: Corporation for National and accordance with 19 CFR review and clearance in accordance Community Service. 351.212(c)(1)(i). The Department with the Paperwork Reduction Act of Title: Request to Transfer a Segal intends to issue appropriate assessment 1995, (PRA 95) (44 U.S.C. Chapter 35). Education Award Amount Form, instructions directly to CBP 15 days The Corporation requests that OMB Accept/Decline Award Transfer Form, after publication of this notice. review and approve its emergency Request to Revoke Transfer of Education request by October 26, 2010 for a period Award Form, and Rescind Acceptance Notification to Importers of six months. A copy of this ICR, with of Award Transfer Form. This notice serves as a reminder to applicable supporting documentation, OMB Number: None. importers of their responsibility under may be obtained by contacting the Agency Number: None. 19 CFR 351.402(f)(2) to file a certificate Corporation for National and Affected Public: Qualifying regarding the reimbursement of Community Service, Bruce Kellogg, AmeriCorps members and education antidumping duties prior to liquidation (202) 606–6954, or by e-mail at award transfer recipients. of the relevant entries during this [email protected]. Individuals who use a Total Respondents: 100. telecommunications device for the deaf Frequency: Annual. review period. Failure to comply with Average Time per Response: 5 this requirement could result in the (TTY/TDD) may call (202) 606–3472 between the hours of 9 a.m. and 4:30 minutes for each form. Secretary’s presumption that Estimated Total Burden Hours: 32 reimbursement of antidumping duties p.m. Eastern time, Monday through Friday. hours. occurred and the subsequent assessment Total Burden Cost (capital/startup): of doubled antidumping duties. Since the Corporation requested None. OMB’s approval of this emergency Notification Regarding Administrative Total Burden Cost (operating/ request in October there will not be maintenance): None. Protective Orders enough time for the public to provide This notice serves as a reminder to comments through this Federal Register Dated: October 19, 2010. parties subject to administrative Notice before the approval date William Anderson, protective order (APO) of their requested. Therefore, there will be no Chief Financial Officer. responsibility concerning the comment period for this request. [FR Doc. 2010–26799 Filed 10–22–10; 8:45 am] disposition of proprietary information FOR FURTHER INFORMATION CONTACT: BILLING CODE 6050–$$–P disclosed under APO in accordance Bruce Kellogg, (202) 606–6954 or e-mail with 19 CFR § 351.305(a)(3). Timely to [email protected]. written notification of the return or SUPPLEMENTARY INFORMATION: DEPARTMENT OF DEFENSE destruction of APO materials or Description: On April 21, 2009, conversion to judicial protective order is Office of the Secretary President Obama signed into law the hereby requested. Failure to comply Edward M Kennedy Serve America Act, [Docket ID: DOD–2010–OS–0147] with the regulations and terms of an Public Law 111–13 (‘‘The Serve America APO is a sanctionable violation. Act’’). The Serve America Act Privacy Act of 1974; System of We are issuing and publishing this reauthorizes and expands national Records notice in accordance with sections service programs administered by the 751(a)(1) and 777(i)(1) of the Act, and AGENCY: Department of Defense (DoD). Corporation for National & Community 19 CFR 351.213(d)(4). ACTION: Notice to delete a system of Service (‘‘the Corporation’’) by amending records. Dated: October 19, 2010. the National & Community Service Act Susan H. Kuhbach, of 1990 and the Domestic Volunteer SUMMARY: The Office of the Secretary of Acting Deputy Assistant Secretary for Service Act of 1973. The Corporation Defense proposes to delete a system of Antidumping and Countervailing Duty published a final rule to implement records notice from its existing Operations. changes to the operation of the National inventory of record systems subject to [FR Doc. 2010–26922 Filed 10–22–10; 8:45 am] Service Trust under the Serve America the Privacy Act of 1974 (5 U.S.C. 552a), BILLING CODE 3510–DS–P Act on August 20, 2010. as amended.

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DATES: This proposed action will be Activity Files (November 19, 1999; 64 below followed by the notice, as effective without further notice on FR 63359). amended, published in its entirety. The November 24, 2010, unless comments [FR Doc. 2010–26840 Filed 10–22–10; 8:45 am] proposed amendments are not within are received which result in a contrary BILLING CODE 5001–06–P the purview of subsection (r) of the determination. Privacy Act of 1974, (5 U.S.C. 552a), as ADDRESSES: You may submit comments, amended, which requires the identified by docket number and title, DEPARTMENT OF DEFENSE submission of a new or altered system by any of the following methods: report. Office of the Secretary • Federal Rulemaking Portal: http:// Dated: October 20, 2010. www.regulations.gov. Follow the [Docket ID: DOD–2010–OS–0146] Mitchell S. Bryman, instructions for submitting comments. Alternate OSD Federal Register Liaison • Mail: Federal Docket Management Privacy Act of 1974; System of Officer, Department of Defense. System Office, Room 3C843 Pentagon, Records GNSA 22 1160 Defense Pentagon, Washington, DC AGENCY: National Security Agency/ 20301–1160. Central Security Service; DoD. SYSTEM NAME: Instructions: All submissions received ACTION: Notice to amend a system of Garnishment Processing Files (May must include the agency name and records. 31, 2006; 71 FR 30887). docket number for this Federal Register document. The general policy for SUMMARY: The National Security CHANGES: comments and other submissions from Agency/Central Security Service is * * * * * members of the public is to make these proposing to amend a system of records AUTHORITY FOR MAINTENANCE OF THE SYSTEM: submissions available for public notice in its existing inventory of ‘‘ viewing on the Internet at http:// records systems subject to the Privacy Delete entry and replace with 44 www.regulations.gov as they are Act of 1974, (5 U.S.C. 552a), as U.S.C. 3101, Records management by received without change, including any amended. agency heads; general duties; 5 U.S.C. 5520a, Garnishment of Pay; 42 U.S.C. personal identifiers or contact DATES: The changes will be effective on information. 659, Consent by United States to income November 24, 2010, unless comments withholding, garnishment, and similar FOR FURTHER INFORMATION CONTACT: Mrs. are received that would result in a proceedings for enforcement of child Cindy Allard at (703) 588–6830. contrary determination. support and alimony obligations; 5 CFR SUPPLEMENTARY INFORMATION: The Office ADDRESSES: You may submit comments, part 581, Processing Garnishment of the Secretary of Defense systems of identified by docket number and title, Orders for Child Support and/or records notices subject to the Privacy by any of the following methods: Alimony; 32 CFR part 112, Indebtedness • Act of 1974 (5 U.S.C. 552a), as amended, Federal Rulemaking Portal: http:// of Military Personnel; and E.O. 9397 have been published in the Federal www.regulations.gov. Follow the (SSN) as amended.’’ Register and are available from the instructions for submitting comments. • * * * * * Privacy Act Officer, Office of Freedom Mail: Federal Docket Management of Information, Washington System Office, Room 3C843 Pentagon, SYSTEM MANAGER(S) AND ADDRESS: Headquarters Services, 1155 Defense 1160 Defense Pentagon, Washington, DC Delete entry and replace with Pentagon, Washington, DC 20301–1155. 20301–1160. ‘‘Director, National Security Agency/ The Office of the Secretary of Defense Instructions: All submissions received Central Security Service, 9800 Savage proposes to delete one system of records must include the agency name and Road, Ft. George G. Meade, MD 20755– notice from its inventory of record docket number for this Federal Register 6000.’’ systems subject to the Privacy Act of document. The general policy for comments and other submissions from NOTIFICATION PROCEDURE: 1974 (5 U.S.C. 552a), as amended. The Delete entry and replace with proposed deletion is not within the members of the public is to make these submissions available for public ‘‘Individuals seeking to determine purview of subsection (r) of the Privacy whether information about themselves Act of 1974 (5 U.S.C. 552a), as amended, viewing on the Internet at http:// www.regulations.gov as they are is contained in this system should which requires the submission of a new address written inquiries to the National or altered system report. received without change, including any personal identifiers or contact Security Agency/Central Security Dated: October 20, 2010. information. Service, Freedom of Information Act/ Mitchell S. Bryman, Privacy Act Office, 9800 Savage Road, FOR FURTHER INFORMATION CONTACT: Suite 6248, Ft. George G. Meade, MD Alternate OSD Federal Register Liaison Ms. Anne Hill at (301) 688–6527. Officer, Department of Defense. 20755–6248. SUPPLEMENTARY INFORMATION: The Written inquiries should contain the Deletion: National Security Agency/Central individual’s full name, address and DWHS P32 Security Service systems of records telephone number.’’ notices subject to the Privacy Act of SYSTEM NAME: 1974, (5 U.S.C. 552a), as amended, have RECORD ACCESS PROCEDURES: Standards of Conduct Inquiry File been published in the Federal Register Delete entry and replace with (February 22, 1993; 58 FR 10227). and are available from the National ‘‘Individuals seeking access to Security Agency/Central Security information about themselves contained REASON: Service, Freedom of Information Act in this system should address written The OSD Standards of Conduct and Privacy Act Office, 9800 Savage inquiries to the National Security Inquiry File (P32) can been deleted. The Road, Suite 6248, Ft. George G. Meade, Agency/Central Security Service, system is covered by the System of MD 20755–6248. Freedom of Information Act/Privacy Act Record Notice OSC/GOVT–1 OSC The specific changes to the records Office, 9800 Savage Road, Suite 6248, Complaint, Litigation and Political systems being amended are set forth Ft. George G. Meade, MD 20755–6248.

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Written inquiries should contain the To State child support agencies, in is contained in this system should individual’s full name, address and response to their written requests for address written inquiries to the National telephone number.’’ information regarding the gross and Security Agency/Central Security disposable pay of civilian employees, Service, Freedom of Information Act/ CONTESTING RECORD PROCEDURES: for purposes of assisting agencies in the Privacy Act Office, 9800 Savage Road, Delete entry and replace with ‘‘The discharge of their responsibilities under Suite 6248, Ft. George G. Meade, MD NSA/CSS rules for contesting contents Federal and State law. 20755–6248. and appealing initial determinations are To the Internal Revenue Service to Written inquiries should contain the published at 32 CFR part 322 or may be report taxable earnings and taxes individual’s full name, address and obtained by written request addressed to withheld, accounting, and tax audits telephone number. the National Security Agency/Central and to compute or resolve tax liability Security Service, Freedom of or tax levies. RECORD ACCESS PROCEDURES: Information Act/Privacy Act Office, To private collection contactors to Individuals seeking access to 9800 Savage Road, Suite 6248, Ft. locate a taxpayer and to collect or information about themselves contained George G. Meade, MD 20755–6248.’’ compromise a claim against, or debt of, in this system should address written * * * * * the taxpayer. inquiries to the National Security To consumer or commercial reporting Agency/Central Security Service, GNSA 22 agency in accordance with the Debt Freedom of Information Act/Privacy Act Collection Improvement Act of 1996. SYSTEM NAME: Office, 9800 Savage Road, Suite 6248, The DoD ‘Blanket Routine Uses’ Ft. George G. Meade, MD 20755–6248. Garnishment Processing Files. published at the beginning of the NSA/ Written inquiries should contain the SYSTEM LOCATION: CSS’s compilation of record systems individual’s full name, address and National Security Agency/Central also apply to this record system. telephone number. Security Service, 9800 Savage Road, Ft. POLICIES AND PRACTICES FOR STORING, CONTESTING RECORD PROCEDURES: George G. Meade, MD 20755–6000. RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: The NSA/CSS rules for contesting CATEGORIES OF INDIVIDUALS COVERED BY THE contents and appealing initial SYSTEM: STORAGE: determinations are published at 32 CFR DoD civilian employees, employee Records are maintained in paper files part 322 or may be obtained by written dependents. and electronic media. request addressed to the National RETRIEVABILITY: Security Agency/Central Security CATEGORIES OF RECORDS IN THE SYSTEM: Service, Freedom of Information Act/ By name, Social Security Number Records include correspondence, type Privacy Act Office, 9800 Savage Road, (SSN), State of jurisdiction, court of of garnishment, individual court Suite 6248, Ft. George G. Meade, MD jurisdiction, child support account withholding notices or court orders, 20755–6248. garnishment orders, child support number, organization, and type of account numbers, records on employees garnishment. RECORD SOURCE CATEGORIES: and dependents to include name, Social SAFEGUARDS: Individuals. Federal/State agencies Security Number (SSN), address, and Buildings are secured by a series of and collection agencies. phone number. guarded pedestrian gates and EXEMPTIONS CLAIMED FOR THE SYSTEM: checkpoints. Access to facilities is AUTHORITY FOR MAINTENANCE OF THE SYSTEM: None. limited to security-cleared personnel 44 U.S.C. 3101, Records management and escorted visitors only. With the [FR Doc. 2010–26838 Filed 10–22–10; 8:45 am] by agency heads; general duties; 5 facilities themselves, access to paper BILLING CODE 5001–06–P U.S.C. 5520a, Garnishment of Pay; 42 and computer printouts are controlled U.S.C. 659, Consent by United States to by limited-access facilities and lockable income withholding, garnishment, and containers. Access to electronic means DEPARTMENT OF DEFENSE similar proceedings for enforcement of is controlled by computer password Office of the Secretary child support and alimony obligations; protection. 5 CFR part 581, Processing Garnishment Orders for Child Support and/or RETENTION AND DISPOSAL: Renewal of Department of Defense Alimony; 32 CFR part 112, Indebtedness Records are periodically reviewed for Federal Advisory Committee; Board of of Military Personnel; and E.O. 9397 retention. Records having no evidential, Visitors of the U.S. Air Force Academy (SSN) as amended. informational, or historical value or not AGENCY: Department of Defense (DoD). required to be permanently retained are PURPOSE(S): ACTION: Renewal of Federal advisory destroyed. Garnishment and Levy committee. To maintain records relating to the notices are destroyed three years from processing of court orders for the termination date. Destruction is by SUMMARY: Under the provisions of 10 garnishment of wages. pulping, burning, shredding, or erasure U.S.C. 9355, the Federal Advisory ROUTINE USES OF RECORDS MAINTAINED IN THE or destruction of magnetic media. Committee Act of 1972, (5 U.S.C. Appendix), the Government in the SYSTEM, INCLUDING CATEGORIES OF USERS AND SYSTEM MANAGER(S) AND ADDRESS: THE PURPOSES OF SUCH USES: Sunshine Act of 1976 (5 U.S.C. 552b), Director, National Security Agency/ and 41 CFR 102–3.50, the Department of In addition to those disclosures Central Security Service, 9800 Savage Defense gives notice that it is renewing generally permitted under 5 U.S.C. Road, Ft. George G. Meade, MD 20755– the charter for the Board of Visitors of 552a(b) of the Privacy Act of 1974, these 6000. records contained therein may the U.S. Air Force Academy (hereafter specifically be disclosed outside the NOTIFICATION PROCEDURE: referred to as the ‘‘Board’’). DoD as a routine use pursuant to Individuals seeking to determine FOR FURTHER INFORMATION CONTACT: Jim 5 U.S.C. 552a(b)(3) as follows: whether information about themselves Freeman, Deputy Committee

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Management Officer for the Department The Board members shall select the governing Federal policies and of Defense, 703–601–6128. Board Chairperson and Vice regulations. SUPPLEMENTARY INFORMATION: The Board Chairperson from the total membership. Such subcommittees shall not work is a non-discretionary Federal advisory If a member of the Board dies or independently of the chartered Board, committee established to provide resigns or is terminated as a member of and shall report all their independent advice and the Board, a successor shall be recommendations and advice to the recommendation to the Secretary of the designated for the unexpired portion of Board for full deliberation and Defense, through the Secretary of the the term by the official who designated discussion. Subcommittees have no Air Force, and to the Committee on the member. authority to make decisions on behalf of Armed Services of the Senate and the Each member of the Board who is a the chartered Board; nor can they report Committee on Armed Services of the member of the Armed Forces or a directly to the Department of Defense or House of Representatives, relating to the civilian officer or employee of the any Federal officers or employees who U.S. Air Force Academy, to include United States shall serve without are not Board members. morale, discipline, and social climate, compensation (other than compensation Subcommittee members, who are not the curriculum, instruction, physical to which entitled as a member of the Board members, shall be appointed by equipment, fiscal affairs, academic Armed Forces or an officer or employee the Secretary of Defense according to methods, and other matters relating to of the United States, respectively). governing DoD policy and procedures. the Academy that the Board decides to Individuals appointed by the President Such individuals, if not full-time or consider. shall receive no compensation for their part-time government employees, shall The Board shall prepare a semiannual service on the Board. While performing be appointed to serve as experts and report containing its views and duties as a member of the Board, each consultants under the authority of recommendations pertaining to the U.S. member of the Board and each adviser 5 U.S.C. 3109, and serve as special Air Force Academy, based on its shall be reimbursed under Government government employees, whose meeting since the last such report and travel regulations for travel expenses. appointments must be renewed on an any other considerations it determines If a member of the Board fails to annual basis. relevant. Each such report shall be attend two successive Board meetings, The Board shall meet at the call of the submitted concurrently to the Secretary except in a case in which an absence is Designated Federal Officer, in of Defense, through the Secretary of the approved in advance for good cause by consultation with the Board’s Air Force, and to the Committee on the Board chairperson, such failure shall Chairperson. The estimated number of Armed Services of the Senate and be grounds for termination from Board meetings is at least four per year, Committee on Armed Services of the membership on the Board, pursuant to with at least two of those meetings at House of Representatives. 10 U.S.C. 9355(c)(2)(A) (‘‘absenteeism the Academy. The Board is constituted annually, provision’’). The Designated Federal Officer, and it shall be composed of not more Termination of membership on the pursuant to DoD policy, shall be a full- than fifteen members. Under the Board pursuant to the absenteeism time or permanent part-time DoD provisions of 10 U.S.C. 9355(a) and provision, in the case of a member of the employee, and shall be appointed in (b)(2), the Board members shall include: Board who is not a member of Congress, accordance with governing DoD policies a. Six persons designated by the may be made by the Board’s and procedures. President, at least two of whom shall be chairperson; and in the case of a In addition, the Designated Federal graduates of the U.S. Air Force member of the Board who is a member Officer is required to be in attendance Academy; b. The chairman of the Committee on of Congress, may be made only by the for the full duration at all Board and Armed Services of the House of official who designated the member. subcommittee meetings, however, in the Representatives, or his designee; When the member of the board is absence of the Designated Federal c. Four persons designated by the subject to termination from membership Officer, an Alternate Designated Federal Speaker of the House of Representatives, on the Board under the absenteeism Officer shall attend entire Board or three of whom shall be members of the provision, the Board’s chairperson shall subcommittee meeting. House of Representatives and the fourth notify the official who designated the Pursuant to 41 CFR 102–3.105(j) and of whom may not be a member of the member. Upon receipt of such a 102–3.140, the public or interested House of Representatives; notification with respect to a member of organizations may submit written d. The chairman of the Committee on the Board who is a member of Congress, statements to the Board of Visitors of the Armed Services of the Senate, or his the official who designated the member U.S. Air Force Academy membership designee. shall take such action, as that official about the Board’s mission and e. Three other members of the Senate considers appropriate. functions. Written statements may be designated by the Vice president or the Upon approval by the Secretary of the submitted at any time or in response to President pro tempore of the Senate, Air Force, the Board, pursuant to 10 the stated agenda of planned meeting of two of whom are members of the U.S.C. 9355(g), may call in advisers for the Board of Visitors of the U.S. Air Committee on Appropriations of the consultation. These advisors shall, with Force Academy. Senate. the exception of travel and per diem for All written statements shall be The Board members referenced in (a) official travel, serve without submitted to the Designated Federal above, designated by the President, shall compensation. Officer for the Board of Visitors of the serve for three years except that any With DOD approval, the Board is U.S. Air Force Academy, and this member whose term of office has authorized to establish subcommittees, individual will ensure that the written expired shall continue to serve until a as necessary and consistent with its statements are provided to the successor is appointed. In addition, the mission. These subcommittees shall membership for their consideration. President shall designate persons each operate under the provisions of the Contact information for the Board of year to succeed the members referenced Federal Advisory Committee Act of Visitors of the U.S. Air Force Academy in (a) above whose terms expire that 1972, the Government in the Sunshine Designated Federal Officer can be year. Act of 1976 (5 U.S.C. 552b, and other obtained from the GSA’s FACA

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Database—https://www.fido.gov/ The Board shall submit a written With DOD approval, the Board is facadatabase/public.asp. report to the President of the United authorized to establish subcommittees, The Designated Federal Officer, States within 60 days after its annual as necessary and consistent with its pursuant to 41 CFR 102–3.150, will visit to the U.S. Military Academy, to mission. These subcommittees shall announce planned meetings of the include the Board’s views and operate under the provisions of the Board of Visitors of the U.S. Air Force recommendations pertaining to the Federal Advisory Committee Act of Academy. The Designated Federal Academy. 1972, the Government in the Sunshine Officer, at that time, may provide The Secretary of the Army may act Act of 1976 (5 U.S.C. 552b), and other additional guidance on the submission upon the Board’s advice and governing Federal policies and of written statements that are in recommendations. regulations. response to the stated agenda for the The Board shall be comprised of not Such subcommittees shall not work planned meeting in question. more than fifteen members. Under the independently of the chartered Board, provisions of 10 U.S.C. 4355(a), the and shall report all their Dated: October 20, 2010. Board members shall include: recommendations and advice to the Mitchell S. Bryman, a. The Chairperson of the Committee Board for full deliberation and Alternate OSD Federal Register Liaison on Armed Services of the Senate, or discussion. Subcommittees have no Officer, Department of Defense. designee; authority to make decisions on behalf of [FR Doc. 2010–26836 Filed 10–22–10; 8:45 am] b. Three other members of the Senate the chartered Board; nor can they report BILLING CODE 5001–06–P designated by the Vice President or directly to the Department of Defense or President pro tempore of the Senate, any Federal officers or employees who two of whom are members of the Senate are not Board members. DEPARTMENT OF DEFENSE Committee on Appropriations Subcommittee members, if not full- c. The Chairperson of the Committee time or part-time government Office of the Secretary on Armed Services of the House of employees, shall be appointed by the Renewal of Department of Defense Representatives, or designee Secretary of Defense according to d. Four other members of the House Federal Advisory Committee; United governing DoD policies and procedures. of Representatives designated by the States Military Academy Board of Such individuals shall be appointed to Speaker of the House or Visitors serve as experts and consultants under Representatives, two of whom are the authority of 5 U.S.C. 3109, and shall AGENCY: Department of Defense (DoD). members of the House Committee on serve as special government employees, ACTION: Renewal of Federal advisory Appropriations; and, whose appointments must be renewed committee. e. Six persons designated by the on an annual basis. President. The Board shall meet at the call of the SUMMARY: Under the provisions of 10 Board members designated by the Designated Federal Officer, in U.S.C. 4355, the Federal Advisory President, who are not full-time federal consultation with the Board’s Committee Act of 1972, (5 U.S.C. officers or employees, shall be Chairperson. The estimated number of Appendix), the Government in the appointed to serve as special Committee meetings is four per year. Sunshine Act of 1976 (5 U.S.C. 552b), government employees under the The Designated Federal Officer, and 41 CFR 102–3.50, the Department of authority of 5 U.S.C. 3109, and these pursuant to DoD policy, shall be a full- Defense gives notice that it is renewing appointments shall be renewed on an time or permanent part-time DoD the charter for the United States Military annual basis. Board members shall, with employee, and shall be appointed in Academy Board of Visitors (hereafter the exception of travel and per diem for accordance with governing policies and referred to as the ‘‘Board’’). official travel, serve without procedures. compensation. In addition, the Designated Federal FOR FURTHER INFORMATION CONTACT: Jim Board members designated by the Officer is required to be in attendance Freeman, Deputy Committee President shall serve for three years at all Board and subcommittee meetings, Management Officer for the Department except that any member whose term of however, in the absence of the of Defense, 703–601–6128. office has expired shall continue to Designated Federal Officer, an Alternate SUPPLEMENTARY INFORMATION: The Board serve until a successor is appointed. In Designated Federal Officer shall attend is a non-discretionary federal advisory addition, the President shall designate the meeting. committee established to provide two persons each year to succeed the Pursuant to 41 CFR 102–3.105(j) and independent advice and members whose terms expire that year. 102–3.140, the public or interested recommendation to the President of the If a member of the Board dies or organizations may submit written United States on matters relating to the resigns, a successor shall be designated statements to the United States Military U.S. Military Academy, including the for the unexpired portion of the term by Academy Board of Visitors membership following: morale and discipline, the official who designated the member. about the Board’s mission and curriculum, instruction, physical The Board members shall select the functions. Written statements may be equipment, fiscal affairs, academic Board Chairperson from the total submitted at any time or in response to methods, and any other matters relating membership. the stated agenda of planned meeting of to the Academy that the Board decides With the exception of travel and per the United States Military Academy to consider. diem for official travel, board members Board of Visitors. The Board shall visit the U.S. Military shall serve without compensation. All written statements shall be Academy annually, and any other The Board, pursuant to 10 U.S.C. submitted to the Designated Federal official visits by the Board or its 4355(g), may upon approval by the Officer for the United States Military members to the Academy, other than the Secretary of the Army, call in advisers Academy Board of Visitors, and this annual visit, shall be made in for consultation, and these advisers individual will ensure that the written compliance with the requirements set shall, with the exception of travel and statements are provided to the forth in Title 10, United States Code, per diem for official travel, serve membership for their consideration. section 4355(d). without compensation. Contact information for the United

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States Military Academy Board of forth in Title 10, United States Code, in the Sunshine Act of 1976 (5 U.S.C. Visitors Designated Federal Officer can section 6968(d). 552b), and other governing Federal be obtained from the GSA’s FACA The Board shall submit a written statutes and regulations. Database—https://www.fido.gov/ report to the President of the United Such subcommittees or workgroups facadatabase/public.asp. States within 60 days after its annual shall not work independently of the The Designated Federal Officer, visit to the Naval Academy, to include chartered Board, and shall report all pursuant to 41 CFR 102–3.150, will the Board’s advice and their recommendations and advice to announce planned meetings of the recommendations. the Board for full deliberation and United States Military Academy Board The Secretary of the Navy may act discussion. Subcommittees or of Visitors. The Designated Federal upon the Board’s advice and workgroups have no authority to make Officer, at that time, may provide recommendations. decisions on behalf of the chartered additional guidance on the submission The Board, pursuant to 10 U.S.C. Board; nor can they report directly to of written statements that are in 6968(a), shall be constituted annually the Department of Defense or any response to the stated agenda for the and shall be composed of no more than Federal officers or employees who are planned meeting in question. fifteen members. The Board not Board members. membership shall include: Subcommittee members, if not full- Dated: October 20, 2010. a. The chairman of the Committee on Mitchell S. Bryman, time or part-time government Armed Services of the Senate, or his employees, shall be appointed by the Alternate OSD Federal Register Liaison designee; Officer, Department of Defense. Secretary of Defense according to b. Three other members of the Senate governing DoD policy and procedures. [FR Doc. 2010–26839 Filed 10–22–10; 8:45 am] designated by the Vice President or the Such individuals shall be appointed to BILLING CODE 5001–06–P President pro tempore of the Senate, serve as experts and consultants under two of whom are members of the the authority of 5 U.S.C. 3109, and shall Committee on Appropriations of the DEPARTMENT OF DEFENSE serve as special government employees, Senate; whose appointments must be renewed c. The chairman of the Committee on on an annual basis. Office of the Secretary Armed Services of the House of The Board shall meet at the call of the Representatives, or his designee; Renewal of Department of Defense Designated Federal Officer, in d. Four other members of the House Federal Advisory Committee; United consultation with the Board’s of Representatives designated by the States Naval Academy Board of Chairperson. The estimated number of Speaker of the House of Representatives, Visitors Board meetings is four per year. two of whom are members of the The Designated Federal Officer, AGENCY: Committee on Appropriations of the Department of Defense (DoD). pursuant to DoD policy, shall be a full- ACTION: Renewal of Federal advisory House of Representatives; and e. Six persons designated by the time or permanent part-time DoD committee. President. employee, and shall be appointed in accordance with governing DoD policies SUMMARY: Board members designated by the Under the provisions of 10 and procedures. In addition, the U.S.C. 6968, the Federal Advisory President shall serve for three years each, except that any member whose Designated Federal Officer is required to Committee Act of 1972 (5 U.S.C. be in attendance at all Board and Appendix), the Government in the term of office has expired shall continue to serve until his successor is appointed. subcommittee meetings, however, in the Sunshine Act of 1976 (5 U.S.C. 552b), absence of the Designated Federal and 41 CFR 102–3.50, the Department of In addition, the President shall designate two persons each year to Officer, the Alternate Designated Defense gives notice that it is renewing Federal Officer shall attend the Board or the charter for the United States Naval succeed the members whose terms expire that year. If a Board member dies subcommittee meeting. Academy Board of Visitors (hereafter Pursuant to 41 CFR 102–3.105(j) and referred to as the ‘‘Board’’). or resigns, a successor shall be designated for the unexpired portion of 102–3.140, the public or interested FOR FURTHER INFORMATION CONTACT: Jim the term by the official who designated organizations may submit written Freeman, Deputy Committee the member. statements to the United States Naval Management Officer for the Department The Board members shall select the Academy Board of Visitors membership of Defense, 703–601–6128. Board’s Chairperson from the total about the Board’s mission and SUPPLEMENTARY INFORMATION: The Board membership. functions. Written statements may be is a non-discretionary federal advisory With the exception of travel and per submitted at any time or in response to committee established to provide diem for official travel, Board members the stated agenda of a planned meeting independent advice and shall serve without compensation. of the United States Naval Academy recommendations to the President of the The Board, pursuant to 10 U.S.C. Board of Visitors. United States on matters relating to but 6968(g) and (h), may upon approval by All written statements shall be not limited to morale and discipline, the Secretary of the Navy, call in submitted to the Designated Federal curriculum, instruction, physical advisers for consultation, and these Officer for the United States Naval equipment, fiscal affairs, academic advisers shall, with the exception of Academy Board of Visitors, and this methods and other matters relating to travel and per diem for official travel, individual will ensure that the written the United States Naval Academy that serve without compensation. statements are provided to the the Board decides to consider. With DoD approval, the Board is membership for their consideration. The Board shall visit the Naval authorized to establish subcommittees, Contact information for the United Academy annually, and any other as necessary and consistent with its States Naval Academy Board of Visitors official visits by the Board or its mission. These subcommittees or Designated Federal Officer can be members to the Academy, other than the working groups shall operate under the obtained from the GSA’s FACA annual visit, shall be made in provisions of the Federal Advisory Database—https://www.fido.gov/ compliance with the requirements set Committee Act of 1972, the Government facadatabase/public.asp.

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The Designated Federal Officer, preceding fiscal year in meeting the position. The successor in office shall pursuant to 41 CFR 102–3.150, will needs and requirements of military assume the position as a Council announce planned meetings of the families. member. United States Naval Academy Board of b. Recommendations on actions to be If the Secretary of Defense amends his Visitors. The Designated Federal Officer, taken to improve the capability of the standing appointment pursuant to at that time, may provide additional military family readiness programs and subparagraph ‘‘c’’ above for the senior guidance on the submission of written activities of the Department of Defense enlisted members of the Military statements that are in response to the to meet the needs and requirements of Services to serve based upon the stated agenda for the planned meeting military families, including actions specified DoD ex-officio positions, and in question. relating to the allocation of funding and the Secretary appoints a spouse of a Dated: October 20, 2010. other resources to and among such senior enlisted member in lieu of the programs and activities. senior enlisted member from a Mitchell S. Bryman, The Council, pursuant to 10 U.S.C. particular Military Service, the spouse Alternate OSD Federal Register Liaison 1781a(b), as amended by section 562 of would be appointed as a special Officer, Department of Defense. Public Law 111–84, shall be comprised government employee, unless the [FR Doc. 2010–26841 Filed 10–22–10; 8:45 am] of no more than 14 members, appointed spouse was a regular government BILLING CODE 5001–06–P as specified below: employee in his or her own right. The a. The Under Secretary of Defense for appointment of special government Personnel and Readiness, who shall employees shall not be for more than DEPARTMENT OF DEFENSE serve as chair of the Council. one year, but may be renewed. However, Office of the Secretary b. One representative of each of the if a spouse of a senior listed member is Army, Navy, Marine Corps, and Air appointed pursuant to subparagraph c, Renewal of Department of Defense Force, who shall be appointed by the such membership shall terminate at the Federal Advisory Committee; Secretary of Defense. conclusion of the senior enlisted Department of Defense Military Family c. The senior enlisted advisors of the member’s tour of duty during which the Readiness Council Army, Navy, Marine Corps, and Air spouse was appointed to the Council. Force, or the spouse of a senior enlisted Pursuant to 10 U.S.C. 1781a, as AGENCY: Department of Defense (DoD). advisor in lieu of that Military Services’ amended by section 562b of Public Law ACTION: Renewal of Federal advisory senior listed advisor. 111–84, individuals selected and committee. d. One representative from the Army appointed to positions covered by the National Guard or Air National Guard, membership requirements of SUMMARY: Under the provisions of who shall be appointed by the Secretary subparagraphs ‘‘d’’ through ‘‘f’’ above section 581 of Public Law 110–181, the of Defense. shall serve three year terms on the Federal Advisory Committee Act of e. One representative from the Army Council. 1972 (5 U.S.C. Appendix), the Reserve, Navy Reserve, Marine Corps Representation on the Council for Government in the Sunshine Act of Reserve or Air Force Reserve, who shall subparagraph ‘‘d’’ above alternate every 1976 (5 U.S.C. 552b), and 41 CFR 102– be appointed by the Secretary of three years between the Army National 3.65, the Department of Defense Defense. Guard and the Air National Guard. announces that it is renewing the f. Three individuals appointed by the Representation on the Council for charter for the Department of Defense Secretary of Defense from among subparagraph ‘‘e’’ above shall rotate Military Family Readiness Council representatives of military family among the Reserve Components listed (hereafter referred to as the ‘‘Council’’). organizations, including military family in subparagraph ‘‘d’’ above and pursuant FOR FURTHER INFORMATION CONTACT: Jim organizations that represent the Regular to a set rotational scheme approved by Freeman, Deputy Advisory Committee and Reserve Components. the Secretary of Defense, in consultation Management Officer for the Department With regard to membership with the Under Secretary of Defense for of Defense, 703–601–6128. requirements of subparagraph ‘‘b’’ above, Personnel and Readiness. Council SUPPLEMENTARY INFORMATION: The the Secretary of Defense has appointed membership pursuant to subparagraphs Council is a non-discretionary federal the Vice Chief of Staff, U.S. Army; the ‘‘d’’ and ‘‘f’’ above shall terminate at the advisory committee and its mission is to Vice Chief of Naval Operations, U.S. conclusion of the member’s qualifying review and make recommendations to Navy; the Vice Chief of Staff, U.S. Air status. The successor in office shall the Secretary of Defense on: (a) The Force; and the Assistant Commandant of assume the position as a Council policy and plans required under 10 the U.S. Marine Corps. With regard to member for the remainder of the three- U.S.C. 1781b; (b) monitor requirements membership requirements of year term. for the support of military family subparagraph ‘‘c’’ above, the Secretary of Members of the National Guard and readiness by the Department of Defense; Defense has appointed the senior Reserve Components, who are assigned and (c) evaluate and assess the enlisted members of the Army, Navy, to title 10, United States Code positions, effectiveness of the DoD military family Air Force and Marine Corps. The when appointed to the Council, shall readiness programs and activities. appointments of these members serve as regular government employees. The Council, no later than February pursuant to subparagraphs ‘‘b’’ and ‘‘c’’, Council members appointed by the 1st of each year, shall submit to the unless otherwise amended by the Secretary of Defense, who are not full- Secretary of Defense and the Defense Secretary of Defense, shall remain in time or permanent part-time employees congressional oversight committees a effect for the life of the Council, and of the federal government, shall be report on military family readiness. these appointments will be based upon appointed as experts and consultants Each report, at a minimum, shall the specified DoD ex-officio positions. under the authority of 5 U.S.C. 3109, include the following: Thus, Council membership of the and serve as special government a. An assessment of the adequacy and particular individual serving as the employees, whose appointments must effectiveness of the military family member in a specified position shall be be renewed on an annual basis. readiness programs and activities of the terminated at the conclusion of the The Secretary of Defense, in Department of Defense during the member’s qualifying status in that consultation with the Chairman of the

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Joint Chief of Staff and pursuant to 41 DEPARTMENT OF DEFENSE DEPARTMENT OF DEFENSE CFR 102–3.130(g), may appoint the spouse of a senior U.S. military flag Department of the Navy Department of the Army officer (military pay grade O–9 or O–10) Notice of Availability of Record of Record of Decision (ROD) for the to serve as an advisor to the Council. Implementation of the Base Closure This senior spouse advisor shall be Decision for the Supplemental Environmental Impact Statement to the and Realignment (BRAC) 2005 Actions appointed as an expert and consultant at Fort Monroe, VA under the authority of 5 U.S.C. 3109, Final Environmental Impact Statement for the Renewal of Authorization To and shall serve as a special government AGENCY: Department of the Army, DoD. Use Pinecastle Range, Ocala National employee, unless he or she is a regular ACTION: Record of Decision. Forest, FL government employee in his or her own SUMMARY: The Department of the Army right. As an expert and consultant under AGENCY: Department of the Navy, DoD. announces the availability of the ROD, Section 3109, this senior spouse advisor which summarizes the decision on how ACTION: Notice. shall have no voting rights on the to implement property disposal in Council or its subcommittees; nor shall accordance with the Defense Base this senior spouse advisor participate in SUMMARY: The Department of the Navy Closure and Realignment Act of 1990 the deliberations of the Council or its (DoN), after carefully weighing the (the Base Closure Act), Public Law 101– subcommittees. environmental consequences of the 510, as amended, following the closure proposed action as presented in the With the exception of travel and per of Fort Monroe, Virginia. Supplemental Environmental Impact diem for official travel, Council The Army has decided to implement Statement (SEIS), announces its members appointed as special its preferred alternative of early transfer decision to implement the expanded of surplus non-reverting federal government employees shall serve safety zones and associated mitigation without compensation. property to other entities for reuse. measures and continue DoN training at Pursuant to the National Environmental Pursuant to 41 CFR 102–3.105(j) and Pinecastle Range, as detailed in the Policy Act of 1969 (NEPA) and its 102–3.140, the public or interested Final Environmental Impact Statement implementing regulations, the Army organizations are reminded that they for Renewal of Authorization to Use prepared a Final Environmental Impact may submit written statements to the Pinecastle Range, Ocala National Forest, Statement (FEIS) that includes the committee membership about the Florida, dated January 2002, in evaluation of the environmental and committee’s mission and functions. furtherance of DoN’s statutory socioeconomic impacts of disposing of Written statements may be submitted at obligations under Title 10 of the United surplus Federal property that does not any time or in response to the stated States Code governing the roles and revert to the Commonwealth of Virginia, agenda of planned meeting of the responsibilities of the DoN. In its and the implementation by others of Department of Defense Military Family decision, the DoN considered applicable reasonable, foreseeable reuse Readiness Council. laws and executive orders, including an alternatives for the entire property. analysis of the effects of its actions in Under the early transfer alternative, the All written statements shall be compliance with the Endangered Army can transfer and dispose of non- submitted to the Designated Federal Species Act, the Coastal Zone reverting property for redevelopment Officer for the Department of Defense Management Act, and the National before environmental remedial actions Military Family Readiness Council, and Historic Preservation Act, and the have been completed. This method of this individual will ensure that the requirements of Executive Order (EO) early disposal, allowable under Section written statements are provided to the 12898, Federal Actions to Address 120(h)(3)(C) of the Comprehensive membership for their consideration. Environmental Justice in Minority Environmental Response, Compensation Contact information for the Department Populations and Low Income and Liability Act (CERCLA), would of Defense Military Family Readiness Populations and EO 13045, Protection of defer the CERCLA covenant requirement Council’s Designated Federal Officer, Children from Environmental Health to complete all necessary environmental may be obtained from the GSA’s FACA Risks and Safety Risks. cleanup prior to the transfer of the Database—https://www.fido.gov/ Implementation of the proposed remediated property. In this way, facadatabase/public.asp. action could begin immediately. parcels could become available for The Designated Federal Officer, redevelopment and reuse sooner under SUPPLEMENTARY INFORMATION: The this disposal alternative than under any pursuant to 41 CFR 102–3.150, will complete text of the DoN’s Record of announce planned meetings of the other. The Governor of the Decision (ROD) is available for public Commonwealth of Virginia must concur Department of Defense Military Family viewing on the project Web site at Readiness Council. The Designated with the deferral request for the non- http://www.pinecastleseis.com along reversionary property at Fort Monroe. Federal Officer, at that time, may with copies of the SFEIS and supporting ADDRESSES: To obtain a copy of the provide additional guidance on the documents. Single copies of the ROD ROD, contact Mr. Robert Reali, Fort submission of written statements that will be made available upon request by Monroe BRAC Environmental are in response to the stated agenda for contacting the SEIS Project Manager, Coordinator, Directorate of Public the planned meeting in question. Mr. Tom Currin, 904–542–6301. Works, 318 Cornog Lane, Fort Monroe, Dated: October 20, 2010. Dated: October 19, 2010. VA 23651–1110; via e-mail address at Mitchell S. Bryman, D.J. Werner, [email protected]; or Alternate OSD Federal Register Liaison Lieutenant Commander, Judge Advocate via Web site at http:// Officer, Department of Defense. General’s Corps, U.S. Navy, Federal Register www.hqda.army.mil/acsim/brac/ _ _ [FR Doc. 2010–26837 Filed 10–22–10; 8:45 am] Liaison Officer. nepa eis docs.htm. BILLING CODE 5001–06–P [FR Doc. 2010–26930 Filed 10–22–10; 8:45 am] FOR FURTHER INFORMATION CONTACT: Mr. BILLING CODE 3810–FF–P Rob Reali at (757) 788–5363.

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SUPPLEMENTARY INFORMATION: The Fort requests as required by the Paperwork beyond high school, was first Monroe Authority’s (FMA) Reuse Plan Reduction Act of 1995. implemented by the National Center for provides the basis for the development DATES: Interested persons are invited to Education Statistics (NCES) in 1987 and of reasonable and foreseeable reuse submit comments on or before has been fielded every 3 to 4 years scenarios evaluated in the FEIS. The December 27, 2010. since. This submission is for collection FMA is the implementation authority ADDRESSES: Comments regarding burden of student data in the eighth cycle in the for the redevelopment of Fort Monroe and/or the collection activity series, NPSAS:12, and supplements the and will implement the Reuse Plan. The requirements should be electronically recently obtained approval for range of reuse alternatives evaluated in mailed to [email protected] or NPSAS:12 collection of institutional the FEIS encompasses reasonably mailed to U.S. Department of Education, data (OMB# 1850–0666 v.7). NPSAS:12 foreseeable variations of the Reuse Plan 400 Maryland Avenue, SW., LBJ, will also serve as the base year study for and the results of this analysis were Washington, DC 20202–4537. Please the Beginning Postsecondary Students used by the Army in its decision note that written comments received in Longitudinal Study (BPS) of first-time regarding disposition of the property. response to this notice will be postsecondary students that will focus A Programmatic Agreement (PA) for considered public records. on issues of persistence, degree the Closure and Disposal of Fort Monroe SUPPLEMENTARY INFORMATION: Section attainment, and employment outcome. has been legally executed by the signing 3506 of the Paperwork Reduction Act of Following the field test study in 2011, of authorized representatives of the 1995 (44 U.S.C. Chapter 35) requires NCES will submit an Office of Army, the Virginia State Historic that Federal agencies provide interested Management and Budget clearance Preservation Officer, the Advisory parties an early opportunity to comment package for the full scale. The Council on Historic Preservation, the on information collection requests. The NPSAS:12 field test sample will include Commonwealth of Virginia, the Fort Director, Information Collection about 300 institutions (full-scale sample Monroe Federal Area Development Clearance Division, Regulatory about 1,670) and about 4,500 students Authority (now the FMA), and the Information Management Services, (120,000 full-scale). Institution National Park Service. Army obligations Office of Management, publishes this contacting for the field test begun in fully described in the PA are considered notice containing proposed information September 2010 (for full scale in mitigations required under the National collection requests at the beginning of September 2011), list collection will be Historic Preservation Act. Specific the Departmental review of the conducted January through May 2011 mitigation measures the Army commits information collection. The Department (full-scale January through June 2012), to perform or has completed are of Education is especially interested in and student data collection will take outlined in the ROD. public comment addressing the place March through June 2011 (full Dated: October 8, 2010. following issues: (1) Is this collection scale January through September 2012). Hershell E. Wolfe, necessary to the proper functions of the Changes since the last NPSAS collection Acting Deputy Assistant Secretary of the Department; (2) will this information be in 2008 include a new cohort of the Army (Environment, Safety and Occupational processed and used in a timely manner; (BPS) which will conduct follow-up Health). (3) is the estimate of burden accurate; studies in 2014 and 2017, and revised [FR Doc. 2010–26923 Filed 10–22–10; 8:45 am] (4) how might the Department enhance strata for institution sampling to reflect BILLING CODE 3710–08–P the quality, utility, and clarity of the the recent growth in enrollment in for- information to be collected; and (5) how profit 4-year institutions. This might the Department minimize the submission requests approval for DEPARTMENT OF EDUCATION burden of this collection on the conducting student interviews, respondents, including through the use collecting student records, and file Notice of Proposed Information of information technology. matching for NPSAS:12 as part of the Collection Requests Dated: October 20, 2010. 2011 field test and a 60-day Federal Darrin A. King, Register public notice waiver for the AGENCY: Department of Education. 2012 full-scale study. Director, Information Collection Clearance ACTION: Comment request. Division, Regulatory Information Requests for copies of the proposed Management Services, Office of Management. information collection request may be SUMMARY: The Department of Education accessed from http://edicsweb.ed.gov, (the Department), in accordance with Institute of Education Sciences the Paperwork Reduction Act of 1995 by selecting the ‘‘Browse Pending Type of Review: Revision. Collections’’ link and by clicking on link (PRA) (44 U.S.C. 3506(c)(2)(A)), Title of Collection: 2011–12 National provides the general public and Federal number 4393. When you access the Postsecondary Student Aid Study information collection, click on agencies with an opportunity to (NPSAS:12) Field Test Student Data comment on proposed and continuing ‘‘Download Attachments’’ to view. Collection. Written requests for information should collections of information. This helps OMB Control Number: 1850–0666. the Department assess the impact of its be addressed to U.S. Department of Agency Form Number(s): N/A. Education, 400 Maryland Avenue, SW., information collection requirements and Frequency of Responses: Annually. LBJ, Washington, DC 20202–4537. minimize the reporting burden on the Affected Public: Businesses or other Requests may also be electronically public and helps the public understand for-profit; Individuals or households; mailed to [email protected] or faxed the Department’s information collection Not-for-profit institutions. requirements and provide the requested Total Estimated Number of Annual to 202–401–0920. Please specify the data in the desired format. The Director, Responses: 4,093. complete title of the information Information Collection Clearance Total Estimated Number of Annual collection and OMB Control Number Division, Regulatory Information Burden Hours: 4,256. when making your request. Management Services, Office of Abstract: NPSAS, a nationally Individuals who use a Management, invites comments on the representative study of how students telecommunications device for the deaf proposed information collection and their families finance education (TDD) may call the Federal Information

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Relay Service (FIRS) at 1–800–877– (3) is the estimate of burden accurate; Relay Service (FIRS) at 1–800–877– 8339. (4) how might the Department enhance 8339. [FR Doc. 2010–26908 Filed 10–22–10; 8:45 am] the quality, utility, and clarity of the [FR Doc. 2010–26910 Filed 10–22–10; 8:45 am] BILLING CODE 4000–01–P information to be collected; and (5) how BILLING CODE 4000–01–P might the Department minimize the burden of this collection on the DEPARTMENT OF EDUCATION respondents, including through the use DEPARTMENT OF ENERGY of information technology. Notice of Proposed Information Dated: October 20, 2010. Blue Ribbon Commission on Collection Requests Darrin A. King, America’s Nuclear Future, Disposal AGENCY: Department of Education. Director, Information Collection Clearance Subcommittee ACTION: Comment request. Division, Regulatory Information AGENCY: Department of Energy, Office of Management Services, Office of Management. SUMMARY: The Department of Education Nuclear Energy. (the Department), in accordance with Office of the Secretary ACTION: Notice of open meeting. the Paperwork Reduction Act of 1995 Type of Review: Extension. SUMMARY: This notice announces an (PRA) (44 U.S.C. 3506(c)(2)(A)), Title of Collection: GEPA Section 427 open meeting of the Disposal provides the general public and Federal Guidance for All Grant Applications. Subcommittee. The Disposal agencies with an opportunity to OMB Control Number: 1894–0005. Subcommittee is a subcommittee of the comment on proposed and continuing Agency Form Number(s): N/A. Blue Ribbon Commission on America’s collections of information. This helps Frequency of Responses: Once. the Department assess the impact of its Nuclear Future (the Commission). The Affected Public: Businesses or other establishment of subcommittees is information collection requirements and for-profit; Not-for-profit institutions. minimize the reporting burden on the authorized in the Commission’s charter. Total Estimated Number of Annual The Commission was organized public and helps the public understand Responses: 26,136. the Department’s information collection pursuant to the Federal Advisory Total Estimated Number of Annual Committee Act (Pub. L. No. 92–463, 86 requirements and provide the requested Burden Hours: 39,204. data in the desired format. The Director, Stat. 770) (the Act). This notice is Abstract: On October 20, 1994, the provided in accordance with the Act. Information Collection Clearance Improving America’s Schools Act, DATES: Division, Regulatory Information Public Law 103–382, become law. The Thursday, November 4, 2010 Management Services, Office of Act added a provision to the General 8:30 a.m.–1:15 p.m. Management, invites comments on the Education Provisions Act (GEPA). ADDRESSES: St. Regis Hotel, 923 16th proposed information collection Section 427 of GEPA requires an Street and K Street, NW., Washington, requests as required by the Paperwork applicant for assistance under DC, Telephone: (202) 638–2626. Reduction Act of 1995. Department programs to develop and FOR FURTHER INFORMATION CONTACT: DATES: Interested persons are invited to describe in the grant application the Timothy A. Frazier, Designated Federal submit comments on or before steps it proposes to take to ensure Officer, U.S. Department of Energy, December 27, 2010. equitable access to, and equitable 1000 Independence Avenue, SW., ADDRESSES: Comments regarding burden participation in, its proposed project for Washington, DC 20585; telephone (202) and/or the collection activity students, teachers, and other program 586–4243 or facsimile (202) 586–0544; requirements should be electronically beneficiaries with special needs. The e-mail mailed to [email protected] or current GEPA Section 427 guidance for [email protected]. mailed to U.S. Department of Education, discretionary grant applications and Additional information will be available 400 Maryland Avenue, SW., LBJ, formula grant applications has approval at http://www.brc.gov. Washington, DC 20202–4537. Please through January 31, 2011. The SUPPLEMENTARY INFORMATION: note that written comments received in Department is requesting an extension Background: The President directed response to this notice will be of this approval. that the Commission be established to considered public records. Requests for copies of the proposed conduct a comprehensive review of SUPPLEMENTARY INFORMATION: Section information collection request may be policies for managing the back end of 3506 of the Paperwork Reduction Act of accessed from http://edicsweb.ed.gov, the nuclear fuel cycle. The Commission 1995 (44 U.S.C. Chapter 35) requires by selecting the ‘‘Browse Pending will provide advice and make that Federal agencies provide interested Collections’’ link and by clicking on link recommendations on issues including parties an early opportunity to comment number 4420. When you access the alternatives for the storage, processing, on information collection requests. The information collection, click on and disposal of civilian and defense Director, Information Collection ‘‘Download Attachments’’ to view. spent nuclear fuel and nuclear waste. Clearance Division, Regulatory Written requests for information should The Co-chairs of the Commission Information Management Services, be addressed to U.S. Department of requested the formation of the Disposal Office of Management, publishes this Education, 400 Maryland Avenue, SW., Subcommittee to answer the question: notice containing proposed information LBJ, Washington, DC 20202–4537. ‘‘[h]ow can the U.S. go about collection requests at the beginning of Requests may also be electronically establishing one or more disposal sites the Departmental review of the mailed to [email protected] or faxed for high-level nuclear wastes in a information collection. The Department to 202–401–0920. Please specify the manner that is technically, politically of Education is especially interested in complete title of the information and socially acceptable?’’ public comment addressing the collection and OMB Control Number Purpose of the Meeting: The main following issues: (1) Is this collection when making your request. focus of the meeting will be on lessons necessary to the proper functions of the Individuals who use a learned from past site evaluation Department; (2) will this information be telecommunications device for the deaf processes (both the Waste Isolation Pilot processed and used in a timely manner; (TDD) may call the Federal Information Plant and Yucca Mountain) and other

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issues. The utilities perspective on ACTION: Notice of open meeting. seven days in advance of the meeting at implementation of the Nuclear Waste the phone number listed above. Written Policy Act will also be explored. SUMMARY: This notice announces a statements may be filed with the Board Tentative Agenda: The meeting is meeting of the Environmental either before or after the meeting. expected to start at 8:30 a.m. on Management Site-Specific Advisory Individuals who wish to make oral November 4, 2010 with panel Board (EM SSAB), Savannah River Site. statements pertaining to agenda items presentations beginning at 8:45 and The Federal Advisory Committee Act should contact Gerri Flemming’s office ending at 12:30 p.m. with a public (Pub. L. 92–463, 86 Stat. 770) requires at the address or telephone listed above. comment period from 12:30 p.m. that public notice of this meeting be Requests must be received five days through 1:15 p.m. announced in the Federal Register. prior to the meeting and reasonable Public Participation: Subcommittee DATES: Monday, November 15, 2010, 1 provision will be made to include the meetings are not required to be open to p.m.–5 p.m.; Tuesday, November 16, presentation in the agenda. The Deputy the public; however, the Commission 2010, 8:30 a.m.–4:30 p.m. Designated Federal Officer is has elected to open the presentation ADDRESSES: The Double Tree Hotel, empowered to conduct the meeting in a sessions of the meeting to the public. 2651 Perimeter Parkway, Augusta, GA fashion that will facilitate the orderly Individuals and representatives of 30909. conduct of business. Individuals wishing to make public comments will organizations who would like to offer FOR FURTHER INFORMATION CONTACT: be provided a maximum of five minutes comments and suggestions may do so at Gerri Flemming, Office of External to present their comments. the end of the public session on Affairs, Department of Energy, Minutes: Minutes will be available by Thursday, November 4, 2010. Savannah River Operations Office, P.O. writing or calling Gerri Flemming at the Approximately 45 minutes will be Box A, Aiken, SC 29802; Phone: (803) address or phone number listed above. reserved for public comments from 952–7886. 12:30 p.m. to 1:15 p.m. Time allotted Minutes will also be available at the SUPPLEMENTARY INFORMATION: per speaker will depend on the number following Web site: http://www.srs.gov/ who wish to speak but will not exceed Purpose of the Board: The purpose of general/outreach/srs-cab/srs-cab.html. 5 minutes. The Designated Federal the Board is to make recommendations to DOE–EM and site management in the Issued at Washington, DC, on October 20, Officer is empowered to conduct the 2010. areas of environmental restoration, meeting in a fashion that will facilitate Rachel Samuel, the orderly conduct of business. Those waste management, and related activities. Deputy Committee Management Officer. wishing to speak should register to do [FR Doc. 2010–26861 Filed 10–22–10; 8:45 am] so beginning at 8 a.m. on November 4, Tentative Agenda BILLING CODE 6450–01–P 2010, at the St. Regis Hotel. Registration to speak will close at noon, November Monday, November 15, 2010 4, 2010. 1 p.m. Combined Committee Session DEPARTMENT OF ENERGY Those not able to attend the meeting 5 p.m. Adjourn Environmental Management Site- or have insufficient time to address the Tuesday, November 16, 2010 subcommittee are invited to send a Specific Advisory Board, Oak Ridge written statement to Timothy A. Frazier, 8:30 a.m. Reservation U.S. Department of Energy 1000 Approval of Minutes, Agency Updates AGENCY: Independence Avenue, SW., Public Comment Session Department of Energy. Washington, DC 20585, e-mail to Chair and Facilitator Updates ACTION: Notice of open meeting. [email protected], or Facility Disposition and Site SUMMARY: This notice announces a post comments on the Commission Web Remediation Committee Report Waste Management Committee Report meeting of the Environmental site at http://www.brc.gov. Management Site-Specific Advisory Additionally, the meeting will be Public Comment Session 12 p.m. Lunch Break Board (EM SSAB), Oak Ridge available via live video webcast. The Reservation. The Federal Advisory link will be available at http:// 1 p.m. Administrative Committee Report Committee Act (Pub. L. No. 92–463, 86 www.brc.gov. Stat. 770) requires that public notice of Minutes: The minutes of the meeting Strategic and Legacy Management Committee Report this meeting be announced in the will be available at http://www.brc.gov Federal Register. or by contacting Mr. Frazier. He may be Nuclear Materials Committee Report DATES: Wednesday, November 10, 2010, reached at the postal address or e-mail Public Comment Session 6 p.m. address above. 4:30 p.m. Adjourn ADDRESSES: DOE Information Center, Issued in Washington, DC, on October 20, If needed, time will be allotted after public comments for items added to the 475 Oak Ridge Turnpike, Oak Ridge, 2010. Tennessee 37830. Rachel Samuel, agenda and administrative details. A final agenda will be available at the FOR FURTHER INFORMATION CONTACT: Deputy Committee Management Officer. meeting on Monday, November 15, Patricia J. Halsey, Federal Coordinator, [FR Doc. 2010–26860 Filed 10–22–10; 8:45 am] 2010. Department of Energy Oak Ridge BILLING CODE 6450–01–P Public Participation: The EM SSAB, Operations Office, P.O. Box 2001, EM– Savannah River Site, welcomes the 90, Oak Ridge, TN 37831. Phone (865) attendance of the public at its advisory 576–4025; Fax (865) 576–2347 or e-mail: DEPARTMENT OF ENERGY committee meetings and will make [email protected] or check the Web Environmental Management Site- every effort to accommodate persons site at http://www.oakridge.doe.gov/em/ Specific Advisory Board, Savannah with physical disabilities or special ssab. River Site needs. If you require special SUPPLEMENTARY INFORMATION: accommodations due to a disability, Purpose of the Board: The purpose of AGENCY: Department of Energy. please contact Gerri Flemming at least the Board is to make recommendations

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to DOE–EM and site management in the Any person desiring to participate in Description: Petal Gas Storage, L.L.C. areas of environmental restoration, this rate proceeding must file a motion submits tariff filing per 154.204: Petal waste management, and related to intervene or to protest this filing must NAESB 1.9 Extension (Standard 5.3.61) activities. file in accordance with Rules 211 and to be effective 11/2/2010. Tentative Agenda: The main meeting 214 of the Commission’s Rules of Filed Date: 10/18/2010. presentation will be on the Oak Ridge Practice and Procedure (18 CFR 385.211 Accession Number: 20101018–5117. National Laboratory Central Campus and 385.214). Protests will be Comment Date: 5 p.m. Eastern Time Stack. considered by the Commission in on Friday, October 22, 2010. Public Participation: The EM SSAB, determining the appropriate action to be Docket Numbers: RP11–73–000. Oak Ridge, welcomes the attendance of taken, but will not serve to make Applicants: Centra Pipelines the public at its advisory committee protestants parties to the proceeding. Minnesota Inc. meetings and will make every effort to Any person wishing to become a party Description: Centra Pipelines accommodate persons with physical must file a notice of intervention or Minnesota Inc. submits tariff filing per disabilities or special needs. If you motion to intervene, as appropriate. 154.204: Revised Index of Shippers require special accommodations due to Such notices, motions, or protests must Filing to be effective 12/1/2010. a disability, please contact Patricia J. be filed on or before the date as Filed Date: 10/18/2010. Halsey at least seven days in advance of indicated below. Anyone filing an Accession Number: 20101018–5145. the meeting at the phone number listed intervention or protest must serve a Comment Date: 5 p.m. Eastern Time above. Written statements may be filed copy of that document on the Applicant. on Monday, November 01, 2010. with the Board either before or after the Anyone filing an intervention or protest on or before the intervention or protest Docket Numbers: RP11–74–000. meeting. Individuals who wish to make Applicants: Northern Natural Gas oral statements pertaining to the agenda date need not serve motions to intervene or protests on persons other than the Company. item should contact Patricia J. Halsey at Description: Northern Natural Gas the address or telephone number listed Applicant. The Commission encourages filed a Petition for a Limited Waiver of above. Requests must be received five Northern’s FERC Gas Tariff filed to days prior to the meeting and reasonable electronic submission of protests and interventions in lieu of paper using the allow resolution of a prior period provision will be made to include the imbalance for Great Plains Natural Gas presentation in the agenda. The Deputy ‘‘eFiling’’ link at http://www.ferc.gov. Persons unable to file electronically Co. by tiering of the Monthly Index Designated Federal Officer is Price. empowered to conduct the meeting in a should submit an original and 7 copies of the protest or intervention to the Filed Date: 10/18/2010. fashion that will facilitate the orderly Accession Number: 20101018–5153. conduct of business. Individuals Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC Comment Date: 5 p.m. Eastern Time wishing to make public comments will on Monday, November 01, 2010. be provided a maximum of five minutes 20426. This filing is accessible on-line at to present their comments. Docket Numbers: RP11–75–000. http://www.ferc.gov, using the Minutes: Minutes will be available by Applicants: Arlington Storage ‘‘eLibrary’’ link and is available for writing or calling Patricia J. Halsey at Company, LLC. review in the Commission’s Public the address and phone number listed Description: Arlington Storage Reference Room in Washington, DC. above. Minutes will also be available at Company, LLC submits tariff filing per There is an ‘‘eSubscription’’ link on the the following Web site: http:// 154.203: Compliance filing of ASC in Web site that enables subscribers to www.oakridge.doe.gov/em/ssab/ Docket Nos. RP10–1260–000 and RP10– receive e-mail notification when a minutes.htm. 1260–001 to be effective 10/18/2010. document is added to a subscribed Filed Date: 10/18/2010. Issued at Washington, DC, on October 20, docket(s). For assistance with any FERC Accession Number: 20101018–5174. 2010. Online service, please e-mail Comment Date: 5 p.m. Eastern Time Rachel Samuel, [email protected], or call on Monday, November 01, 2010. Deputy Committee Management Officer. (866) 208–3676 (toll free). For TTY, call Docket Numbers: RP11–76–000. [FR Doc. 2010–26859 Filed 10–22–10; 8:45 am] (202) 502–8659. Applicants: Bison Pipeline LLC. BILLING CODE 6450–01–P Comment Date: 5 p.m. Eastern time Description: Bison Pipeline LLC on Monday, October 25, 2010. submits tariff filing per 154.203: Baseline Filing. DEPARTMENT OF ENERGY Kimberly D. Bose, Secretary. Filed Date: 10/18/2010. Federal Energy Regulatory [FR Doc. 2010–26824 Filed 10–22–10; 8:45 am] Accession Number: 20101018–5183. Comment Date: 5 p.m. Eastern Time Commission BILLING CODE 6717–01–P on Monday, November 01, 2010. [Docket No. PR11–4–000; Docket No. PR11– Docket Numbers: RP11–77–000. 5–000; Not Consolidated] DEPARTMENT OF ENERGY Applicants: Guardian Pipeline, L.L.C. Description: Guardian Pipeline, L.L.C. Enterprise Alabama Intrastate, LLC; Federal Energy Regulatory submits tariff filing per 154.204: Enterprise Intrastate L.P; Notice of Commission Chevron Park and Loan to be effective Baseline Filings 10/25/2010. Combined Notice of Filings No. 1 October 18, 2010. Filed Date: 10/18/2010. Take notice that on October 15, 2010, October 19, 2010. Accession Number: 20101018–5192. the applicants listed above submitted a Take notice that the Commission has Comment Date: 5 p.m. Eastern Time revised baseline filing of their Statement received the following Natural Gas on Monday, November 01, 2010. of Operating Conditions for services Pipeline Rate and Refund Report filings: Docket Numbers: RP11–78–000. provided under section 311 of the Docket Numbers: RP11–72–000. Applicants: Central New York Oil and Natural Gas Policy Act of 1978 (NGPA). Applicants: Petal Gas Storage, L.L.C. Gas, LLC.

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Description: Central New York Oil must file in accordance with Rules 211 DEPARTMENT OF ENERGY and Gas, LLC submits a revised tariff and 214 of the Commission’s Rules of sheet to comply with Order No. 587–U. Practice and Procedure (18 CFR 385.211 Federal Energy Regulatory Filed Date: 10/19/2010. and 385.214) on or before 5 p.m. Eastern Commission Accession Number: 20101019–5003. time on the specified comment date. It Combined Notice of Filings Comment Date: 5 p.m. Eastern Time is not necessary to separately intervene on Monday, November 01, 2010. again in a subdocket related to a October 18, 2010. Docket Numbers: RP11–79–000. compliance filing if you have previously Take notice that the Commission has Applicants: Steuben Gas Storage intervened in the same docket. Protests received the following Natural Gas Company. will be considered by the Commission Pipeline Rate and Refund Report filings: Description: Steuben Gas Storage in determining the appropriate action to Docket Numbers: RP11–63–000. Company submits a revised tariff sheet be taken, but will not serve to make Applicants: CenterPoint Energy Gas to comply with Order 587–U etc, to be protestants parties to the proceeding. Transmission Company. effective 10/18/2010. Anyone filing a motion to intervene or Description: Annual Report of Penalty Filed Date: 10/19/2010. protest must serve a copy of that Revenue Credits of CenterPoint Energy Accession Number: 20101019–5004. document on the Applicant. In reference Gas Transmission Company. Comment Date: 5 p.m. Eastern Time to filings initiating a new proceeding, Filed Date: 10/13/2010. on Monday, November 01, 2010. interventions or protests submitted on Accession Number: 20101013–5218. Docket Numbers: RP11–80–000. or before the comment deadline need Comment Date: 5 p.m. Eastern Time on Monday, October 25, 2010. Applicants: Kinder Morgan Interstate not be served on persons other than the Gas Transmission LLC. Applicant. Docket Numbers: RP11–64–000. Description: Kinder Morgan Interstate Applicants: Texas Gas Transmission, Gas Transmission LLC submits tariff The Commission encourages LLC. filing per 154.204: Negotiated Rate 10– electronic submission of protests and Description: Texas Gas Transmission, 19–10 Mieco to be effective 10/19/2010. interventions in lieu of paper, using the LLC submits tariff filing per 154.204: Filed Date: 10/19/2010. FERC Online links at http:// NAESB 1.9 to be effective 11/1/2010. Accession Number: 20101019–5055. www.ferc.gov. To facilitate electronic Filed Date: 10/14/2010. Comment Date: 5 p.m. Eastern Time service, persons with Internet access Accession Number: 20101014–5086. on Monday, November 01, 2010. who will eFile a document and/or be Comment Date: 5 p.m. Eastern Time Docket Numbers: RP11–1413–000. listed as a contact for an intervenor on Tuesday, October 26, 2010. Applicants: Venice Gathering System, must create and validate an Docket Numbers: RP11–65–000. L.L.C. eRegistration account using the Applicants: Trans-Union Interstate Description: Venice Gathering System, eRegistration link. Select the eFiling Pipeline, LP. L.L.C. submits tariff filing per 154.203: link to log on and submit the Description: Trans-Union Interstate Venice Gathering System Rate intervention or protests. Pipeline, LP submits tariff filing per 154.203: Trans-Union Interstate Settlement Compliance Filing to be Persons unable to file electronically effective 11/1/2010. Pipeline—FERC Gas Tariff to be should submit an original and 14 copies effective 10/15/2010. Filed Date: 10/19/2010. of the intervention or protest to the Accession Number: 20101019–5127. Filed Date: 10/14/2010. Federal Energy Regulatory Commission, Comment Date: 5 p.m. Eastern Time Accession Number: 20101014–5088. 888 First St., NE., Washington, DC on Wednesday, October 27, 2010. Comment Date: 5 p.m. Eastern Time 20426. on Tuesday, October 26, 2010. Docket Numbers: RP11–1414–000. Applicants: Algonquin Gas The filings in the above proceedings Docket Numbers: RP11–66–000. Applicants: Trailblazer Pipeline Transmission, LLC. are accessible in the Commission’s Company LLC. Description: Algonquin Gas eLibrary system by clicking on the Description: Trailblazer Pipeline Transmission, LLC submits tariff filing appropriate link in the above list. They Company LLC—Penalty Revenue per 154.403(d)(2): AGT FRQ 2010 are also available for review in the Crediting Report. FILING to be effective 12/1/2010. Commission’s Public Reference Room in Washington, DC. There is an Filed Date: 10/14/2010. Filed Date: 10/19/2010. Accession Number: 20101014–5129. Accession Number: 20101019–5132. eSubscription link on the Web site that Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time enables subscribers to receive e-mail on Tuesday, October 26, 2010. on Monday, November 01, 2010. notification when a document is added Docket Numbers: RP11–67–000. Docket Numbers: RP11–1415–000. to a subscribed docket(s). For assistance Applicants: Williston Basin Interstate Applicants: Arlington Storage with any FERC Online service, please e- Pipeline Comp. Company, LLC. mail [email protected]. or Description: Williston Basin Interstate Description: Arlington Storage call (866) 208–3676 (toll free). For TTY, Pipeline Company submits First Revised Company, LLC submits tariff filing per call (202) 502–8659. Sheet No. 129, Third Revised Volume 154.203: Compliance filing of Arlington Nathaniel J. Davis, Sr., No. 1, be effective 11/15/2010. Storage in Dockets CP10–99–000 and Filed Date: 10/15/2010. CP10–100–000 to be effective Deputy Secretary. Accession Number: 20101015–5030. 10/19/2010. [FR Doc. 2010–26858 Filed 10–22–10; 8:45 am] Comment Date: 5 p.m. Eastern Time Filed Date: 10/19/2010. BILLING CODE 6717–01–P on Wednesday, October 27, 2010. Accession Number: 20101019–5167. Docket Numbers: RP11–68–000. Comment Date: 5 p.m. Eastern Time Applicants: PostRock KPC Pipeline, on Monday, November 01, 2010. LLC. Any person desiring to intervene or to Description: PostRock KPC Pipeline, protest in any of the above proceedings LLC submits tariff filing per 154.204:

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PostRock KPC Pipeline, LLC—Name service, persons with Internet access Docket Numbers: RP11–61–000. Change Filing to be effective 12/1/2010. who will eFile a document and/or be Applicants: Colorado Interstate Gas Filed Date: 10/15/2010. listed as a contact for an intervenor Company. Accession Number: 20101015–5043. must create and validate an Description: Colorado Interstate Gas Comment Date: 5 p.m. Eastern Time eRegistration account using the Company submits tariff filing per on Wednesday, October 27, 2010. eRegistration link. Select the eFiling 154.203: CP10–434–000 Latigo Docket Numbers: RP11–69–000. link to log on and submit the Compliance Filing to be effective Applicants: Golden Triangle Storage, intervention or protests. 10/1/2010. Inc. Persons unable to file electronically Filed Date: 10/13/2010. Description: Golden Triangle Storage, should submit an original and 14 copies Accession Number: 20101013–5128. Inc. submits tariff filing per 154.203: of the intervention or protest to the Comment Date: 5 p.m. Eastern Time Order 587–U Compliance Filing to be Federal Energy Regulatory Commission, on Monday, October 25, 2010. effective 11/1/2010. 888 First St., NE., Washington, DC Docket Numbers: RP11–62–000. Filed Date: 10/15/2010. 20426. Applicants: Columbia Gulf Accession Number: 20101015–5065. The filings in the above proceedings Transmission Company. Comment Date: 5 p.m. Eastern Time are accessible in the Commission’s Description: Columbia Gulf on Wednesday, October 27, 2010. eLibrary system by clicking on the Transmission Company submits tariff Docket Numbers: RP11–70–000. appropriate link in the above list. They filing per 154.204: Evergreen Non- Applicants: Texas Eastern are also available for review in the Conforming 10.13.10 to be effective Transmission, LP. Commission’s Public Reference Room in 11/15/2010. Description: Texas Eastern Washington, DC. There is an Filed Date: 10/13/2010. Transmission, LP submits tariff filing eSubscription link on the Web site that Accession Number: 20101013–5173. per 154.204: TEMAX–TIME 3 enables subscribers to receive e-mail Comment Date: 5 p.m. Eastern Time Agreements to be effective 11/1/2010. notification when a document is added on Monday, October 25, 2010. Filed Date: 10/15/2010. to a subscribed docket(s). For assistance Docket Numbers: CP11–4–000. Accession Number: 20101015–5074. with any FERC Online service, please e- Applicants: Transcontinental Gas Comment Date: 5 p.m. Eastern Time mail [email protected]., or Pipe Line Company, LLC. on Wednesday, October 27, 2010. call (866) 208–3676 (toll free). For TTY, Description: Application of Docket Numbers: RP11–71–000. call (202) 502–8659. Transcontinental Gas Pipe Line Company, LLC to Abandon Service to Applicants: Panther Interstate Nathaniel J. Davis, Sr., Pipeline Energy, LLC. Atlanta Gas Light Company under Rate Deputy Secretary. © Description: Panther Interstate Schedule SS–17 Storage Service and Pipeline Energy, LLC submits tariff [FR Doc. 2010–26857 Filed 10–22–10; 8:45 am] Rate Schedule SS–17© Transportation filing per 154.203: Compliance Filing BILLING CODE 6717–01–P Service. Pursuant to Letter Order on Baseline Filed Date: 10/07/2010. eTariff Filing to be effective 8/13/2010. Accession Number: 20101007–5069. DEPARTMENT OF ENERGY Filed Date: 10/18/2010. Comment Date: 5 p.m. Eastern Time Accession Number: 20101018–5069. Federal Energy Regulatory on Monday, October 25, 2010. Comment Date: 5 p.m. Eastern Time Commission Docket Numbers: TS10–4–000. on Monday, November 01, 2010. Applicants: City of Roseville, Any person desiring to intervene or to Combined Notice of Filings California. protest in any of the above proceedings Description: City of Roseville, must file in accordance with Rules 211 October 14, 2010. California request for waiver from and 214 of the Commission’s Rules of Take notice that the Commission has certain Commission orders and Practice and Procedure (18 CFR 385.211 received the following Natural Gas regulations relating to the Commission’s and 385.214) on or before 5 p.m. Eastern Pipeline Rate and Refund Report filings: implementation of reciprocity time on the specified comment date. It Docket Numbers: RP11–59–000. obligations under its open access is not necessary to separately intervene Applicants: Northwest Pipeline GP. requirements and the standards of again in a subdocket related to a Description: Northwest Pipeline GP conduct rules. compliance filing if you have previously submits a Non-Conforming Service Filed Date: 09/13/2010. intervened in the same docket. Protests Agreement, Contract 138587 as part of Accession Number: 20100913–5213. will be considered by the Commission its FERC Gas Tariff, Fifth Revised Comment Date: 5 p.m. Eastern Time in determining the appropriate action to Volume No. 1, to be effective 11/8/2010. on Wednesday, November 4, 2010. be taken, but will not serve to make Filed Date: 10/13/2010. Any person desiring to intervene or to protestants parties to the proceeding. Accession Number: 20101013–5089. protest in any of the above proceedings Anyone filing a motion to intervene or Comment Date: 5 p.m. Eastern Time must file in accordance with Rules 211 protest must serve a copy of that on Monday, October 25, 2010. and 214 of the Commission’s Rules of document on the Applicant. In reference Docket Numbers: RP11–60–000. Practice and Procedure (18 CFR 385.211 to filings initiating a new proceeding, Applicants: Southern Natural Gas and 385.214) on or before 5 p.m. Eastern interventions or protests submitted on Company. time on the specified comment date. It or before the comment deadline need Description: Southern Natural Gas is not necessary to separately intervene not be served on persons other than the Company submits tariff filing per again in a subdocket related to a Applicant. 154.204: Miscellaneous Filing 2 to be compliance filing if you have previously The Commission encourages effective 12/1/2010. intervened in the same docket. Protests electronic submission of protests and Filed Date: 10/13/2010. will be considered by the Commission interventions in lieu of paper, using the Accession Number: 20101013–5094. in determining the appropriate action to FERC Online links at http:// Comment Date: 5 p.m. Eastern Time be taken, but will not serve to make www.ferc.gov. To facilitate electronic on Monday, October 25, 2010. protestants parties to the proceeding.

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Anyone filing a motion to intervene or Comment Date: 5 p.m. Eastern Time 211 of the Commission’s Rules of protest must serve a copy of that on Monday, October 25, 2010. Practice and Procedure (18 CFR document on the Applicant. In reference Docket Numbers: RP10–1018–002. 385.211). to filings initiating a new proceeding, Applicants: Paiute Pipeline Company. Protests to this filing will be interventions or protests submitted on Description: Paiute Pipeline Company considered by the Commission in or before the comment deadline need submits baseline tariff filing, to FERC determining the appropriate action to be not be served on persons other than the Gas Tariff, to be effective 7/30/2010. taken, but will not serve to make Applicant. Filed Date: 10/12/2010. protestants parties to the proceeding. The Commission encourages Accession Number: 20101012–5006. Such protests must be filed on or before electronic submission of protests and Comment Date: 5 p.m. Eastern Time 5 p.m. Eastern time on the specified interventions in lieu of paper, using the on Monday, October 25, 2010. comment date. Anyone filing a protest FERC Online links at http:// Docket Numbers: RP10–1079–001. must serve a copy of that document on www.ferc.gov. To facilitate electronic Applicants: Trailblazer Pipeline all the parties to the proceeding. The Commission encourages service, persons with Internet access Company LLC. electronic submission of protests in lieu who will eFile a document and/or be Description: Trailblazer Pipeline of paper using the ‘‘eFiling’’ link at listed as a contact for an intervenor Company LLC submits tariff filing per http://www.ferc.gov. Persons unable to must create and validate an 154.203: Original Volume No. 2— file electronically should submit an eRegistration account using the Baseline Filing—Docket No. RP10– original and 14 copies of the protest to eRegistration link. Select the eFiling 1079–001 to be effective 10/12/2010. the Federal Energy Regulatory link to log on and submit the Filed Date: 10/12/2010. Commission, 888 First Street, NE., intervention or protests. Accession Number: 20101012–5095. Washington, DC 20426. Persons unable to file electronically Comment Date: 5 p.m. Eastern Time should submit an original and 14 copies This filing is accessible online at on Monday, October 25, 2010. http://www.ferc.gov, using the of the intervention or protest to the Docket Numbers: RP10–1211–001. Federal Energy Regulatory Commission, ‘‘eLibrary’’ link and is available for Applicants: Dominion Cove Point review in the Commission’s Public 888 First St., NE., Washington, DC LNG, LP. 20426. Reference Room in Washington, DC. Description: Dominion Cove Point There is an ‘‘eSubscription’’ link on the The filings in the above proceedings LNG, LP submits Tariff Record No. 40.7, are accessible in the Commission’s Web site that enables subscribers to Version 1.0.0, Compliance Filing, to be receive e-mail notification when a eLibrary system by clicking on the effective 11/1/2010. appropriate link in the above list. They document is added to a subscribed Filed Date: 10/12/2010. docket(s). For assistance with any FERC are also available for review in the Accession Number: 20101012–5004. Commission’s Public Reference Room in Online service, please e-mail Comment Date: 5 p.m. Eastern Time [email protected], or call Washington, DC. There is an on Monday, October 25, 2010. eSubscription link on the Web site that (866) 208–3676 (toll free). For TTY, call enables subscribers to receive e-mail Docket Numbers: RP10–1212–001. (202) 502–8659. Applicants: Dominion Transmission, notification when a document is added Nathaniel J. Davis, Sr., to a subscribed docket(s). For assistance Inc. Description: Dominion Transmission, Deputy Secretary. with any FERC Online service, please e- [FR Doc. 2010–26855 Filed 10–22–10; 8:45 am] mail [email protected], or Inc. submits Tariff Record No. 40.14.3, BILLING CODE 6717–01–P call (866) 208–3676 (toll free). For TTY, Version 1.0.0 & Tariff Record No. 40.38, call (202) 502–8659. Version 1.1.0 Compliance Filing. Filed Date: 10/12/2010. Nathaniel J. Davis, Sr., Accession Number: 20101012–5003. DEPARTMENT OF ENERGY Deputy Secretary. Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory [FR Doc. 2010–26856 Filed 10–22–10; 8:45 am] on Monday, October 25, 2010. Commission BILLING CODE 6717–01–P Docket Numbers: RP10–160–003. Applicants: Kern River Gas Combined Notice of Filings No. 1 Transmission Company DEPARTMENT OF ENERGY Description: Motion to Intervene and October 13, 2010. Protest of BP Energy Company. Take notice that the Commission has Federal Energy Regulatory Filed Date: 10/12/2010. received the following Natural Gas Commission Accession Number: 20101012–5318. Pipeline Rate and Refund Report filings: Docket Numbers: RP11–50–000. Combined Notice of Filings No. 2 Comment Date: 5 p.m. Eastern Time on Monday, October 25, 2010. Applicants: Fayetteville Express October 13, 2010. Pipeline LLC. Docket Numbers: RP10–1316–001. Description: Fayetteville Express Take notice that the Commission has Applicants: Cotton Valley Pipeline LLC submits Part 6, Section 9. received the following Natural Gas Compression, L.L.C. Overrun, Unauthorized Overrun Gas Pipeline Rate and Refund Report filings: Description: Cotton Valley Charges; Penalty Revenue, Version 0.1.0 Docket Numbers: RP07–34–004; Compression, L.L.C. submits its baseline in Compliance with Order dated 9/30/ RP07–541–003. eTariff Filing (Errata/Compliance), to be 2010, to be effective 10/1/2010. Applicants: Southwest Gas Storage effective 9/21/2010. Filed Date: 10/08/2010. Company. Filed Date: 10/13/2010. Accession Number: 20101008–5065. Description: Southwest Gas Storage Accession Number: 20101013–5021. Comment Date: 5 p.m. Eastern Time Company submits its Semi-Annual Comment Date: 5 p.m. Eastern Time on Wednesday, October 20, 2010. Compliance Report. on Monday, October 25, 2010. Docket Numbers: RP11–51–000. Filed Date: 10/12/2010. Any person desiring to protest this Applicants: Northern Natural Gas Accession Number: 20101012–5249. filing must file in accordance with Rule Company.

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Description: Northern Natural Gas Description: PetroLogistics Natural The Commission encourages Company submits tariff filing per Gas Storage, LLC submits tariff filing per electronic submission of protests and 154.204: 20101008 MID 17 154.203: Proposed Revisions to FERC interventions in lieu of paper, using the Modifications to be effective 9/24/2010. Gas Tariff to Comply with Order No. FERC Online links at http:// Filed Date: 10/08/2010. 587–U to be effective 11/1/2010. www.ferc.gov. To facilitate electronic Accession Number: 20101008–5073. Filed Date: 10/12/2010. service, persons with Internet access Comment Date: 5 p.m. Eastern Time Accession Number: 20101012–5228. who will eFile a document and/or be on Wednesday, October 20, 2010. Comment Date: 5 p.m. Eastern Time listed as a contact for an intervenor Docket Numbers: RP11–52–000. on Monday, October 25, 2010. must create and validate an Applicants: Gas Transmission Docket Numbers: RP11–58–000. eRegistration account using the Northwest Corporation. Applicants: Fayetteville Express eRegistration link. Select the eFiling Description: Gas Transmission Pipeline LLC. link to log on and submit the Description: Fayetteville Express Northwest Corporation submits tariff intervention or protests. Pipeline LLC submits tariff filing per filing per 154.204: RP10–954 Update Persons unable to file electronically 154.203: FEP Compliance with Order on TOC to be effective 8/9/2010. should submit an original and 14 copies Non-Conforming Agreements to be Filed Date: 10/08/2010. of the intervention or protest to the effective 10/1/2010. Federal Energy Regulatory Commission, Accession Number: 20101008–5117. Filed Date: 10/12/2010. Comment Date: 5 p.m. Eastern Time 888 First St., NE., Washington, DC Accession Number: 20101012–5258. 20426. on Wednesday, October 20, 2010. Comment Date: 5 p.m. Eastern Time The filings in the above proceedings Docket Numbers: RP11–53–000. on Monday, October 25, 2010. Applicants: ETC Tiger Pipeline, LLC. are accessible in the Commission’s Docket Numbers: CP11–5–000. eLibrary system by clicking on the Description: ETC Tiger Pipeline, LLC Applicants: Rager Mountain Storage submits tariff filing per 154.203: ETC appropriate link in the above list. They Company LLC. are also available for review in the Tiger eTariff Baseline Filing to be Description: Rager Mountain Storage Commission’s Public Reference Room in effective 12/1/2010. Company LLC submits the Abbreviated Washington, DC. There is an Filed Date: 10/08/2010. Application requesting authorization to eSubscription link on the Web site that Accession Number: 20101008–5153. lease and operate an existing natural gas enables subscribers to receive e-mail Comment Date: 5 p.m. Eastern Time storage facility in Interstate Commerce. notification when a document is added on Wednesday, October 20, 2010. Filed Date: 10/07/2010. Accession Number: 20101008–0207. to a subscribed docket(s). For assistance Docket Numbers: RP11–54–000. with any FERC Online service, please e- Applicants: Northern Natural Gas Comment Date: 5 p.m. Eastern Time on Monday, October 25, 2010. mail [email protected], or Company. call (866) 208–3676 (toll free). For TTY, Docket Numbers: CP11–6–000. Description: Northern Natural Gas call (202) 502–8659. Company submits tariff filing per Applicants: Peoples Natural Gas 154.204: 20101012 Miscellaneous Tariff Company LLC. Nathaniel J. Davis, Sr., Filing to be effective 11/12/2010. Description: Abbreviated Application Deputy Secretary. of Peoples Natural Gas Company LLC Filed Date: 10/12/2010. [FR Doc. 2010–26854 Filed 10–22–10; 8:45 am] for issuance of a limited jurisdiction Accession Number: 20101012–5137. BILLING CODE 6717–01–P Comment Date: 5 p.m. Eastern Time certificate to authorize the lease and on Monday, October 25, 2010. operation of Intrastate Storage Capacity in support of interstate. DEPARTMENT OF ENERGY Docket Numbers: RP11–55–000. Filed Date: 10/07/2010. Applicants: J.P. Morgan Ventures Accession Number: 20101008–0205. Energy Corporation Sempra Energy Federal Energy Regulatory Comment Date: 5 p.m. Eastern Time Commission Trading LLC. on Monday, October 25, 2010. Description: Request of Sempra Any person desiring to intervene or to Combined Notice of Filings No. 2 Energy Trading LLC and J.P. Morgan protest in any of the above proceedings Ventures Energy Corporation for must file in accordance with Rules 211 Tuesday, September 7, 2010. Temporary Waiver, Expedited and 214 of the Commission’s Rules of Take notice that the Commission has Consideration, and Shortened Notice. Practice and Procedure (18 CFR 385.211 received the following Natural Gas Filed Date: 10/08/2010. and 385.214) on or before 5 p.m. Eastern Pipeline Rate and Refund Report filings: Accession Number: 20101008–5170. time on the specified comment date. It Docket Numbers: RP10–1168–001. Comment Date: 5 p.m. Eastern Time is not necessary to separately intervene Applicants: Trans-Union Interstate on Friday, October 15, 2010. again in a subdocket related to a Pipeline, L.P. Docket Numbers: RP11–56–000. compliance filing if you have previously Description: Trans-Union Interstate Applicants: Kinder Morgan Interstate intervened in the same docket. Protests Pipeline, L.P. submits tariff filing per Gas Transmission LLC. will be considered by the Commission 154.203: Trans-Union Order 587–U Description: Kinder Morgan Interstate in determining the appropriate action to Compliance Filing to Modify Tariff to be Gas Transmission LLC submits tariff be taken, but will not serve to make effective 9/1/2010. filing per 154.203: Errata to Baseline protestants parties to the proceeding. Filed Date: 09/01/2010. Filing to be effective 8/13/2010. Anyone filing a motion to intervene or Accession Number: 20100901–5128. Filed Date: 10/12/2010. protest must serve a copy of that Comment Date: 5 p.m. Eastern Time Accession Number: 20101012–5212. document on the Applicant. In reference on Monday, September 13, 2010. Comment Date: 5 p.m. Eastern Time to filings initiating a new proceeding, Docket Numbers: RP10–963–001. on Monday, October 25, 2010. interventions or protests submitted on Applicants: Granite State Gas Docket Numbers: RP11–57–000. or before the comment deadline need Transmission, Inc. Applicants: PetroLogistics Natural not be served on persons other than the Description: Granite State Gas Gas Storage, LLC. Applicant. Transmission, Inc. submits tariff filing

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per 154.203: Version 1.9 Compliance to taken, but will not serve to make Filed Date: 09/01/2010. be effective 11/1/2010. protestants parties to the proceeding. Accession Number: 20100902–0212. Filed Date: 09/01/2010. Such protests must be filed on or before Comment Date: 5 p.m. Eastern Time Accession Number: 20100901–5058. 5 p.m. Eastern time on the specified on Monday, September 13, 2010. Comment Date: 5 p.m. Eastern Time comment date. Anyone filing a protest Docket Numbers: RP10–1260–000. on Monday, September 13, 2010. must serve a copy of that document on Applicants: Arlington Storage Docket Numbers: RP10–1018–001. all the parties to the proceeding. Company, LLC. Applicants: Paiute Pipeline Company. The Commission encourages Description: Arlington Storage Description: Paiute Pipeline Company electronic submission of protests in lieu Company, LLC submits its compliance submits tariff filing per 154.203: of paper using the ‘‘eFiling’’ link at filing incorporate into its FERC Gas NAESB—Version 1.9 to be effective http://www.ferc.gov. Persons unable to Tariff, Version 1.9 of the Wholesale Gas 11/1/2010. file electronically should submit an Quadrant of the North American Energy Filed Date: 09/02/2010. original and 14 copies of the protest to Standards Board pursuant to Order Accession Number: 20100902–5077. the Federal Energy Regulatory 587–U. Comment Date: 5 p.m. Eastern Time Commission, 888 First Street, NE., Filed Date: 09/01/2010. on Tuesday, September 14, 2010. Washington, DC 20426. Accession Number: 20100902–0213. Docket Numbers: RP10–1050–001. This filing is accessible on-line at Comment Date: 5 p.m. Eastern Time Applicants: Portland General Electric http://www.ferc.gov, using the on Monday, September 13, 2010. Company. ‘‘eLibrary’’ link and is available for Docket Numbers: RP10–1261–000. Description: Portland General Electric review in the Commission’s Public Applicants: Steuben Gas Storage Company submits tariff filing per Reference Room in Washington, DC. Company. 154.203: PGE Gas Tariff Volume 1 to be There is an ‘‘eSubscription’’ link on the Description: Steuben Gas Storage effective 9/2/2010. Web site that enables subscribers to Company, LLC submits Twelfth Revised Filed Date: 09/02/2010. receive e-mail notification when a Sheet No. 154 et al. effective 10/1/10. Accession Number: 20100902–5151. document is added to a subscribed Filed Date: 09/01/2010. Comment Date: 5 p.m. Eastern Time docket(s). For assistance with any FERC Accession Number: 20100902–0202. on Tuesday, September 14, 2010. Online service, please e-mail Comment Date: 5 p.m. Eastern Time Docket Numbers: RP10–1115–001. [email protected], or call on Monday, September 13, 2010. Applicants: Millennium Pipeline (866) 208–3676 (toll free). For TTY, call Docket Numbers: RP10–1262–000. Company, LLC. (202) 502–8659. Applicants: Dauphin Island Gathering Description: Millennium Pipeline Nathaniel J. Davis, Sr., Partners. Company, LLC submits tariff filing per Deputy Secretary. Description: Dauphin Island 154.203: NAESB Errata to be effective [FR Doc. 2010–26853 Filed 10–22–10; 8:45 am] Gathering Partners submits Third 9/17/2010. Revised Sheet No. 161 et al. to FERC BILLING CODE 6717–01–P Filed Date: 09/02/2010. Gas Tariff, First Revised Volume No. 1. Accession Number: 20100902–5162. Filed Date: 09/01/2010. Comment Date: 5 p.m. Eastern Time DEPARTMENT OF ENERGY Accession Number: 20100902–0210. on Tuesday, September 14, 2010. Comment Date: 5 p.m. Eastern Time Docket Numbers: RP10–147–005. Federal Energy Regulatory on Monday, September 13, 2010. Applicants: Natural Gas Pipeline Commission Docket Numbers: RP10–1263–000. Company of America LLC. Applicants: WTG Hugoton, LP. Description: Natural Gas Pipeline Combined Notice of Filings No. 1 Description: WTG Hugoton, LP Company of America LLC submits First September 07, 2010. submits Second Revised Sheet 205 et al. Revised Sheet 306 et al to its FERC Gas Take notice that the Commission has to FERC Gas Tariff, Original Volume No. Tariff, Seventh Revised Volume 1 to be received the following Natural Gas 1, to be effective 11/1/10. effective 10/2/10. Pipeline Rate and Refund Report filings: Filed Date: 09/01/2010. Filed Date: 09/02/2010. Accession Number: 20100902–0209. Docket Numbers: RP10–1258–000. Comment Date: 5 p.m. Eastern Time Accession Number: 20100903–0202. Applicants: Central New York Oil on Monday, September 13, 2010. Comment Date: 5 p.m. Eastern Time And Gas, LLC. on Tuesday, September 14, 2010. Description: Central New York Oil Docket Numbers: RP10–1264–000. Docket Numbers: RP10–922–001. and Gas Company, LLC submits Third Applicants: Western Gas Interstate Applicants: Venice Gathering System, Revised Sheet 103A et al. to FERC Gas Company. L.L.C. Tariff, Version 1.9 of the Wholesale Gas Description: Western Gas Interstate Description: Venice Gathering System, Quadrant of the North American Energy Company submits Eighth Revised Sheet L.L.C. submits tariff filing per Standards Board pursuant to Order 247 of its FERC Gas Tariff, effective 154.205(b): Errata Filing for NAESB 1.8 587–U. 11/1/10. to be effective 7/1/2010. Filed Date: 09/01/2010. Filed Date: 09/01/2010. Filed Date: 09/02/2010. Accession Number: 20100902–0211. Accession Number: 20100902–0208. Accession Number: 20100902–5035. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time on Monday, September 13, 2010. on Monday, September 13, 2010. on Tuesday, September 14, 2010. Docket Numbers: RP10–1259–000. Docket Numbers: RP10–1265–000. Any person desiring to protest this Applicants: Total Peaking Services, Applicants: Freebird Gas Storage, filing must file in accordance with Rule LLC. LLC. 211 of the Commission’s Rules of Description: Total Peaking Services, Description: Freebird Gas Storage, Practice and Procedure (18 CFR LLC submits Third Revised Sheet 85 LLC submits Second Revised Sheet No. 385.211). Protests to this filing will be superseding Second Revised Sheet 85 et 146 et al. to its FERC Gas Tariff, First considered by the Commission in al. to its FERC Gas Tariff, Original Revised Volume No. 1, to be effective determining the appropriate action to be Volume 1. 11/1/10.

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Filed Date: 09/01/2010. Filed Date: 09/01/2010. Comment Date: 5 p.m. Eastern Time Accession Number: 20100902–0206. Accession Number: 20100901–5239. on Wednesday, September 15, 2010. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Docket Numbers: RP10–1279–000. on Monday, September 13, 2010. on Monday, September 13, 2010. Applicants: American Midstream Docket Numbers: RP10–1266–000. Docket Numbers: RP10–1272–000. (Midla), LLC. Applicants: Caledonia Energy Applicants: ANR Pipeline Company. Description: American Midstream Partners, LLC. Description: ANR Pipeline Company (Midla), LLC submits tariff filing per Description: Caledonia Energy submits Eighth Revised Sheet 108 et al. 154.203: American Midstream (Midla), Partners, LLC submits Second Revised to reflect implementation of certain LLC—Baseline eTariff Filing to be Sheet No. 55 et al. to its FERC Gas NAESB Version 1.9 Standards in effective 9/3/2010. Tariff, Original Volume No. 1, to be compliance with FERC Order 587–U. Filed Date: 09/03/2010. effective 11/1/10. Filed Date: 09/01/2010. Accession Number: 20100903–5027. Filed Date: 09/01/2010. Accession Number: 20100902–0231. Comment Date: 5 p.m. Eastern Time Accession Number: 20100902–0205. Comment Date: 5 p.m. Eastern Time on Wednesday, September 15, 2010. Comment Date: 5 p.m. Eastern Time on Monday, September 13, 2010. Docket Numbers: RP10–1280–000. on Monday, September 13, 2010. Docket Numbers: RP10–1273–000. Applicants: Venice Gathering System, Docket Numbers: RP10–1267–000. Applicants: Columbia Gas LLC. Applicants: Energy West Transmission, LLC. Description: Report of Venice Development, Inc. Description: Columbia Gas Gathering System, L.L.C. Description: Energy West Transmission, LLC submits tariff filing Filed Date: 09/03/2010. Development, Inc. submits Fifth Revised per 154.204: Non-Conforming—Statoil Accession Number: 20100903–5115. Sheet No. 29 et al. to FERC Gas Tariff, and Chesapeake to be effective Comment Date: 5 p.m. Eastern Time Volume No. 1, to be effective 11/1/10. 10/1/2010. on Wednesday, September 15, 2010. Filed Date: 09/01/2010. Filed Date: 09/02/2010. Accession Number: 20100902–0204. Docket Numbers: RP10–1281–000. Accession Number: 20100902–5132. Applicants: Algonquin Gas Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time on Monday, September 13, 2010. Transmission, LLC. on Tuesday, September 14, 2010. Description: Algonquin Gas Docket Numbers: RP10–1268–000. Docket Numbers: RP10–1274–000. Transmission, LLC submits a Negotiated Applicants: American Midstream Applicants: MIGC LLC. Rate Agreement to FERC Gas Tariff, (Midla), LLC. Description: MIGC LLC submits tariff Sixth Revised Volume No. 1, to be Description: American Midstream filing per 154.203: MIGC LLC NAESB effective 9/1/2010. (Midla), LLC submits First Revised V1.9 Compliance Filing to be effective Filed Date: 09/07/2010. Original Sheet 111 et al. to FERC Gas 11/1/2010. Accession Number: 20100907–5030. Tariff, Sixth Revised Volume 1, to be Filed Date: 09/02/2010. Comment Date: 5 p.m. Eastern Time effective 11/1/10. Accession Number: 20100902–5133. on Monday, September 20, 2010. Filed Date: 09/01/2010. Accession Number: 20100902–0207. Comment Date: 5 p.m. Eastern Time Docket Numbers: RP10–1282–000. Comment Date: 5 p.m. Eastern Time on Tuesday, September 14, 2010. Applicants: Algonquin Gas on Monday, September 13, 2010. Docket Numbers: RP10–1275–000. Transmission, LLC. Docket Numbers: RP10–1269–000. Applicants: Puget Sound Energy. Description: Algonquin Gas Applicants: American Midstream Description: Puget Sound Energy Transmission, LLC submits tariff filing (AlaTenn), LLC. submits tariff filing per 154.202: Jackson per 154.204: Negotiated Rate Agreement Description: American Midstream Prairie gas storage project agreement to 9–1–2010—Merrill Lynch to be effective (AlaTenn), LLC submits First Revised be effective 9/3/2010. 9/1/2010. Original Sheet 110 et al. to FERC Gas Filed Date: 09/03/2010. Filed Date: 09/07/2010. Tariff, First Revised Volume 1, effective Accession Number: 20100903–5000. Accession Number: 20100907–5056. 11/1/10. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Filed Date: 09/01/2010. on Wednesday, September 15, 2010. on Monday, September 20, 2010. Accession Number: 20100902–0203. Docket Numbers: RP10–1276–000. Docket Numbers: CP10–490–000. Comment Date: 5 p.m. Eastern Time Applicants: Cheniere Creole Trail Applicants: Texas Eastern on Monday, September 13, 2010. Pipeline, L.P. Transmission, LP and Texas Gas Docket Numbers: RP10–1270–000. Description: Cheniere Creole Trail Transmission. Applicants: Bobcat Gas Storage. Pipeline, L.P. submits a Request for Description: Joint Abbreviated Description: Bobcat Gas Storage Waiver. Application of Texas Eastern submits Second Revised Sheet No. 115 Filed Date: 09/01/2010. Transmission, LP and Texas Gas et al. to its FERC Gas Tariff, Original Accession Number: 20100901–5251. Transmission authorization to abandon Volume No. 1, to be effective 11/1/10. Comment Date: 5 p.m. Eastern Time leased capacity and to reacquire the Filed Date: 09/01/2010. on Monday, September 13, 2010. capacity. Accession Number: 20100902–0201. Docket Numbers: RP10–1278–000. Filed Date: 08/23/2010. Comment Date: 5 p.m. Eastern Time Applicants: American Midstream Accession Number: 20100823–5170. on Monday, September 13, 2010. (AlaTenn), LLC Comment Date: 5 p.m. Eastern Time Docket Numbers: RP10–1271–000. Description: American Midstream on Tuesday, September 14, 2010. Applicants: Texas Eastern (AlaTenn), LLC submits tariff filing per Any person desiring to intervene or to Transmission, LP. 154.203: American Midstream protest in any of the above proceedings Description: Texas Eastern (AlaTenn), LLC—Baseline eTariff Filing must file in accordance with Rules 211 Transmission, LP submits its 2010 to be effective 9/3/2010 . and 214 of the Commission’s Rules of Operational Segment Capacity Filed Date: 09/03/2010. Practice and Procedure (18 CFR 385.211 Entitlements Report. Accession Number: 20100903–5026. and 385.214) on or before 5 p.m. Eastern

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time on the specified comment date. It Applicants: Texas Gas Transmission, 211 of the Commission’s Rules of is not necessary to separately intervene LLC. Practice and Procedure (18 CFR again in a subdocket related to a Description: Texas Gas Transmission, 385.211). Protests to this filing will be compliance filing if you have previously LLC submits its cross-reference table to considered by the Commission in intervened in the same docket. Protests comply with Order No. 587–U. determining the appropriate action to be will be considered by the Commission Filed Date: 10/15/2010. taken, but will not serve to make in determining the appropriate action to Accession Number: 20101015–5089. protestants parties to the proceeding. be taken, but will not serve to make Comment Date: 5 p.m. Eastern Time Such protests must be filed on or before protestants parties to the proceeding. on Wednesday, October 27, 2010. 5 p.m. Eastern time on the specified Anyone filing a motion to intervene or Docket Numbers: RP10–1250–003. comment date. Anyone filing a protest protest must serve a copy of that Applicants: CenterPoint Energy— must serve a copy of that document on document on the Applicant. In reference Mississippi River Transmission all the parties to the proceeding. to filings initiating a new proceeding, Corporation. The Commission encourages interventions or protests submitted on Description: CenterPoint Energy— electronic submission of protests in lieu or before the comment deadline need Mississippi River Transmission of paper using the ‘‘eFiling’’ link at not be served on persons other than the Corporation submits tariff filing per http://www.ferc.gov. Persons unable to Applicant. 154.203: NAESB 1.9 Sheet 105 to be file electronically should submit an The Commission encourages effective 11/1/2010. original and 14 copies of the protest to electronic submission of protests and Filed Date: 10/18/2010. the Federal Energy Regulatory interventions in lieu of paper, using the Accession Number: 20101018–5086. Commission, 888 First Street, NE., FERC Online links at http:// Comment Date: 5 p.m. Eastern Time Washington, DC 20426. www.ferc.gov. To facilitate electronic on Friday, October 22, 2010. This filing is accessible on-line at service, persons with Internet access Docket Numbers: RP10–1413–001. http://www.ferc.gov, using the who will eFile a document and/or be Applicants: TransColorado Gas ‘‘eLibrary’’ link and is available for listed as a contact for an intervenor Transmission Company LLC. review in the Commission’s Public must create and validate an Description: TransColorado Gas Reference Room in Washington, DC. eRegistration account using the Transmission Company LLC submits There is an ‘‘eSubscription’’ link on the eRegistration link. Select the eFiling tariff filing per 154.205(b): No Fuel Web site that enables subscribers to link to log on and submit the Filing—Enterprise Amendment to receive e-mail notification when a intervention or protests. 10–1–10 filing to be effective 11/1/2010. document is added to a subscribed Persons unable to file electronically Filed Date: 10/18/2010. docket(s). For assistance with any FERC should submit an original and 14 copies Accession Number: 20101018–5171. Online service, please e-mail Comment Date: 5 p.m. Eastern Time of the intervention or protest to the [email protected], or call on Monday, November 01, 2010. Federal Energy Regulatory Commission, (866) 208–3676 (toll free). For TTY, call 888 First St., NE., Washington, DC Docket Numbers: RP10–1162–001. (202) 502–8659. 20426. Applicants: Blue Lake Gas Storage The filings in the above proceedings Company. Nathaniel J. Davis, Sr., are accessible in the Commission’s Description: Blue Lake Gas Storage Deputy Secretary. eLibrary system by clicking on the Company submits tariff filing per [FR Doc. 2010–26851 Filed 10–22–10; 8:45 am] appropriate link in the above list. They 154.203: RP10–1162 Compliance to be BILLING CODE 6717–01–P are also available for review in the effective 11/1/2010. Commission’s Public Reference Room in Filed Date: 10/19/2010. Washington, DC. There is an Accession Number: 20101019–5054. DEPARTMENT OF ENERGY eSubscription link on the Web site that Comment Date: 5 p.m. Eastern Time enables subscribers to receive e-mail on Monday, November 01, 2010. Federal Energy Regulatory notification when a document is added Docket Numbers: RP10–1221–002. Commission to a subscribed docket(s). For assistance Applicants: CenterPoint Energy Gas [Docket No. PR11–6–000] with any FERC Online service, please e- Transmission Company. mail [email protected], or Description: CenterPoint Energy Gas American Midstream (Alabama call (866) 208–3676 (toll free). For TTY, Transmission Company submits tariff Intrastate), LLC; Notice of Compliance call (202) 502–8659. filing per 154.203: NAESB Version 1.9 Filing Sheet 785 to be effective 11/1/2010. Nathaniel J. Davis, Sr., Filed Date: 10/19/2010. October 18, 2010. Deputy Secretary. Accession Number: 20101019–5088. Take notice that on October 15, 2010, [FR Doc. 2010–26852 Filed 10–22–10; 8:45 am] Comment Date: 5 p.m. Eastern Time American Midstream (Alabama BILLING CODE P on Friday, October 22, 2010. Intrastate), LLC pursuant to an October Docket Numbers: RP11–16–002. 7, 2010, Letter Order issued in Docket Applicants: Gulf South Pipeline Nos. PR10–24–000 and PR10–24–001 DEPARTMENT OF ENERGY Company, LP. which required American Midstream Description: Gulf South Pipeline Federal Energy Regulatory (Alabama Intrastate), LLC to file a Company, LP submits tariff filing per Commission revised Statement of Operating 154.205(b): Refile Revised Devon Conditions. Combined Notice of Filings No. 2 Amendment to be effective 10/1/2010. Any person desiring to participate in Filed Date: 10/19/2010. this rate filing must file in accordance October 19, 2010. Accession Number: 20101019–5109. with Rules 211 and 214 of the Take notice that the Commission has Comment Date: 5 p.m. Eastern Time Commission’s Rules of Practice and received the following Natural Gas on Monday, November 01, 2010. Procedure (18 CFR 385.211 and Pipeline Rate and Refund Report filings: Any person desiring to protest this 385.214). Protests will be considered by Docket Numbers: RP10–1220–001. filing must file in accordance with Rule the Commission in determining the

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appropriate action to be taken, but will involving construction and operation of notice TGS provided to landowners. not serve to make protestants parties to facilities by Tallulah Gas Storage, LLC This fact sheet addresses a number of the proceeding. Any person wishing to (TGS) in Madison Parish, Louisiana. typically-asked questions, including the become a party must file a notice of This EA will be used by the use of eminent domain and how to intervention or motion to intervene, as Commission in its decision-making participate in the Commission’s appropriate. Such notices, motions, or process to determine whether the proceedings. It is also available for protests must be filed on or before the project is in the public convenience and viewing on the FERC Web site (http:// date as indicated below. Anyone filing necessity. www.ferc.gov). an intervention or protest must serve a This notice announces the opening of Summary of the Proposed Project copy of that document on the Applicant. the scoping process the Commission Anyone filing an intervention or protest will use to gather input from the public TGS proposes to construct a new on or before the intervention or protest and interested agencies on the project. natural gas storage facility within a date need not serve motions to intervene Your input will help the Commission geologic salt dome in Madison Parish, or protests on persons other than the staff determine what issues need to be Louisiana. The Tallulah Gas Storage Applicant. evaluated in the EA. Please note that the Project would include three salt dome The Commission encourages scoping period will close on November storage caverns, each with a capacity of electronic submission of protests and 17, 2010. Further details on how to 11.4 billion cubic feet (Bcf), for a total interventions in lieu of paper using the submit written comments are provided facility capacity of 34.2 Bcf. According ‘‘eFiling’’ link at http://www.ferc.gov. in the Public Participation section of to TGS, its project would provide Persons unable to file electronically this notice. storage services through should submit an original and 7 copies On November 3, 2010, the Office of interconnections with four nearby of the protest or intervention to the Energy Projects staff will conduct on interstate natural gas transmission Federal Energy Regulatory Commission, onsite environmental review of the pipelines. 888 First Street, NE., Washington, DC project area to gather data for its The Tallulah Gas Storage Project 20426. environmental analysis of the proposed would consist of the following facilities: • This filing is accessible on-line at project. Staff will examine the specific Three storage caverns; • http://www.ferc.gov, using the pipeline route, leaching plant location, Dual 3.29-mile-long, 24-inch- ‘‘eLibrary’’ link and is available for caverns, well locations, and alternative diameter bidirectional natural gas locations filed by TGS. Viewing of this pipelines; review in the Commission’s Public • Reference Room in Washington, DC. area is anticipated to be from public One 28,410-horsepower compressor access points and TGS’ right-of-way. station; There is an ‘‘eSubscription’’ link on the • Web site that enables subscribers to All interested parties are invited to A leaching plant; • 14 salt water disposal wells, 3 raw receive e-mail notification when a attend but must provide their own water supply wells, and 1 observation document is added to a subscribed transportation. Those attending should well; docket(s). For assistance with any FERC meet at the following location and time: • On November 3, 2010 at 1 p.m. • Other appurtenant water and brine Online service, please e-mail Central Time in the parking area of the disposal pipelines; and [email protected], or call TA Travel Center at 224 Highway 65 in • 4.5 miles of nonjurisdictional (866) 208–3676 (toll free). For TTY, call Tallulah, Louisiana at Exit 171 of electric distribution lines and additional (202) 502–8659. electric facilities. Comment Date: 5 p.m. Eastern time Interstate-20. Meet by the company ‘‘ ’’ The general location of the project on Monday, October 25, 2010. truck with the Tallulah Gas Storage sign. facilities is shown in appendix 1.1 Kimberly D. Bose, This notice is being sent to the Land Requirements for Construction Secretary. Commission’s current environmental mailing list for this project. State and Construction of the proposed facilities [FR Doc. 2010–26822 Filed 10–22–10; 8:45 am] would disturb about 147 acres of land BILLING CODE 6717–01–P local government representatives are asked to notify their constituents of this for the storage facility, the pipeline project and encourage them to comment rights-of-way, and additional temporary DEPARTMENT OF ENERGY on their areas of concern. workspaces. Following construction, If you are a landowner receiving this about 74 acres would be maintained for Federal Energy Regulatory notice, you may be contacted by a permanent operation of the project’s Commission storage company representative about facilities; the remaining acreage would the acquisition of an easement to be restored and allowed to revert to [Docket No. CP10–494–000] construct, operate, and maintain the former uses. Tallulah Gas Storage, LLC; Notice of proposed facilities. The company would The EA Process seek to negotiate a mutually acceptable Intent To Prepare an Environmental The National Environmental Policy Assessment for the Proposed Tallulah agreement. However, if the project is approved by the Commission, that Act (NEPA) requires the Commission to Gas Storage Project, Request for take into account the environmental Comments on Environmental Issues, approval conveys with it the right of eminent domain. Therefore, if easement impacts that could result from an action and Notice of Onsite Environmental whenever it considers the issuance of a Review negotiations fail to produce an

agreement, the company could initiate 1 October 18, 2010. The appendices referenced in this notice are not condemnation proceedings where being printed in the Federal Register. Copies of The staff of the Federal Energy compensation would be determined in appendices were sent to all those receiving this Regulatory Commission (FERC or accordance with State or Federal law. notice in the mail and are available at http:// Commission) will prepare an A fact sheet prepared by the FERC www.ferc.gov using the link called ‘‘eLibrary’’ or ‘‘ from the Commission’s Public Reference Room, 888 environmental assessment (EA) that will entitled An Interstate Natural Gas First Street, NE., Washington, DC 20426, or call discuss the environmental impacts of Facility On My Land? What Do I Need (202) 502–8371. For instructions on connecting to the Tallulah Gas Storage Project, To Know?’’ was attached to the project eLibrary, refer to the last page of this notice.

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Certificate of Public Convenience and implementing regulations for section Documents and Filings. With eFiling Necessity. NEPA also requires us 2 to 106 of the National Historic you can provide comments in a variety discover and address concerns the Preservation Act, we are using this of formats by attaching them as a file public may have about proposals. This notice to initiate consultation with the with your submission. New eFiling process is referred to as ‘‘scoping’’. The Louisiana State Historic Preservation users must first create an account by main goal of the scoping process is to Office (SHPO), and to solicit its views clicking on ‘‘eRegister.’’ You will be focus the analysis in the EA on the and those of other government agencies, asked to select the type of filing you are important environmental issues. By this interested Indian tribes, and the public making. A comment on a particular notice, the Commission requests public on the project’s potential effects on project is considered a ‘‘Comment on a comments on the scope of the issues to historic properties.3 We will define the Filing’’; or address in the EA. All comments project-specific Area of Potential Effects (3) You may file a paper copy of your received will be considered during the (APE) in consultation with the SHPO as comments at the following address: preparation of the EA. the project is further developed. On Kimberly D. Bose, Secretary, Federal In the EA, we will discuss impacts natural gas facility projects, the APE at Energy Regulatory Commission, 888 that could occur as a result of the a minimum encompasses all areas First Street, NE., Room 1A, Washington, construction and operation of the subject to ground disturbance (examples DC 20426. proposed project under these general include construction right-of-way, headings: contractor/pipe storage yards, Environmental Mailing List • Geology and soils; compressor stations, and access roads). • Land use; The environmental mailing list • Our EA for this project will document Water resources, fisheries, and our findings on the impacts on historic includes Federal, State, and local wetlands; properties and summarize the status of government representatives and • Cultural resources; agencies; elected officials; • Vegetation and wildlife; consultations under section 106. • environmental and public interest Air quality and noise; Public Participation groups; Native American Tribes; other • Endangered and threatened species; You can make a difference by interested parties; and local libraries and and newspapers. This list also includes • Public safety. providing us with your specific We will also evaluate reasonable comments or concerns about the project. all affected landowners (as defined in alternatives to the proposed project or Your comments should focus on the the Commission’s regulations) who are portions of the project, and make potential environmental effects, potential right-of-way grantors, whose recommendations on how to lessen or reasonable alternatives, and measures to property may be used temporarily for avoid impacts on the various resource avoid or lessen environmental impacts. project purposes, or who own homes areas. The more specific your comments, the within certain distances of aboveground Our independent analysis of the more useful they will be. To ensure that facilities, and anyone who submits issues will be presented in the EA. The your comments are timely and properly comments on the project. We will EA will be placed in the public record recorded, please send them so that they update the environmental mailing list as and, depending on the comments will be received in Washington, DC on the analysis proceeds to ensure that we received during the scoping process, or before November 17, 2010. send the information related to this may be published and distributed to the For your convenience, there are three environmental review to all individuals, public. A comment period will be methods which you can use to submit organizations, and government entities allotted if the EA is published for your comments to the Commission. In interested in and/or potentially affected review. We will consider all comments all instances please reference the project by the proposed project. on the EA before we make our docket number (CP10–494–000) with If the EA is published for distribution, recommendations to the Commission. your submission. The Commission copies will be sent to the environmental To ensure your comments are encourages electronic filing of mailing list for public review and considered, please carefully follow the comments and has expert eFiling staff comment. If you would prefer to receive instructions in the Public Participation available to assist you at (202) 502–8258 a paper copy of the document instead of section below. or [email protected]. the CD version or would like to remove With this notice, we are asking (1) You may file your comments your name from the mailing list, please agencies with jurisdiction and/or electronically by using the eComment return the attached Information Request special expertise with respect to feature, which is located on the (appendix 2). environmental issues to formally Commission’s Web site at http:// cooperate with us in the preparation of www.ferc.gov under the link to Becoming an Intervenor the EA. These agencies may choose to Documents and Filings. An eComment In addition to involvement in the EA participate once they have evaluated the is an easy method for interested persons scoping process, you may want to proposal relative to their to submit brief, text-only comments on become an ‘‘intervenor’’ which is an responsibilities. Agencies that would a project; official party to the Commission’s like to request cooperating agency status (2) You may file your comments proceeding. Intervenors play a more should follow the instructions for filing electronically by using the eFiling formal role in the process and are able comments provided under the Public feature, which is located on the to file briefs, appear at hearings, and be Participation section of this notice. Commission’s Web site at http:// www.ferc.gov under the link to heard by the courts if they choose to Consultations Under Section 106 of the appeal the Commission’s final ruling. National Historic Preservation Act 3 The Advisory Council on Historic Preservation’s An intervenor formally participates in In accordance with the Advisory regulations are at Title 36 of the Code of Federal the proceeding by filing a request to Council on Historic Preservation’s Regulations, Part 800. Historic properties are intervene. Instructions for becoming an defined in those regulations as any prehistoric or intervenor are included in the User’s historic district, site, building, structure, or object 2 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the environmental included in or eligible for inclusion in the National Guide under the ‘‘e-filing’’ link on the staff of the Commission’s Office of Energy Projects. Register for Historic Places. Commission’s Web site.

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Additional Information DEPARTMENT OF ENERGY Copies of the EA have been mailed to Federal, State, and local government Additional information about the Federal Energy Regulatory representatives and agencies; elected project is available from the Commission officials; environmental and public Commission’s Office of External Affairs [Docket Nos. CP10–457–000; CP10–458– interest groups; Native American tribes; at (866) 208–FERC, or on the FERC Web 000] potentially affected landowners and site at http://www.ferc.gov using the other interested individuals and groups; ‘‘eLibrary’’ link. Click on the eLibrary National Fuel Gas Supply Corporation; newspapers and libraries in the project link, click on ‘‘General Search’’ and enter Notice of Availability of the area; and parties to this proceeding. the docket number, excluding the last Environmental Assessment for the Any person wishing to comment on three digits in the Docket Number field Proposed Line N Projects the EA may do so. Your comments (i.e., CP10–494). Be sure you have should focus on the potential October 18, 2010. selected an appropriate date range. For environmental effects, reasonable The staff of the Federal Energy assistance, please contact FERC Online alternatives, and measures to avoid or Regulatory Commission (FERC or Support at [email protected] lessen environmental impacts. The more Commission) has prepared an specific your comments, the more useful or toll free at (866) 208–3676, or for environmental assessment (EA) for the they will be. To ensure that your TTY, contact (202) 502–8659. The Line N Projects proposed by National comments are properly recorded and eLibrary link also provides access to the Fuel Gas Supply Corporation (National considered prior to a Commission texts of formal documents issued by the Fuel) in the above referenced docket. decision on the proposal, it is important Commission, such as orders, notices, National Fuel requests authorization to that the FERC receives your comments and rulemakings. abandon, construct, operate, and in Washington, DC on or before In addition, the Commission offers a maintain the Line N Relocation and November 18, 2010. free service called eSubscription which Interconnect (R&I) Project and the Line For your convenience, there are three allows you to keep track of all formal N Compressor Installation Expansion methods you can use to submit your issuances and submittals in specific (CIE) Project (together, the Line N comments to the Commission. In all dockets. This can reduce the amount of Projects or Projects), located in Greene instances, please reference the project time you spend researching proceedings and Washington Counties, Pennsylvania docket number (CP10–457 or CP10–458) by automatically providing you with (PA). National Fuel has stated that the with your submission. The Commission encourages electronic filing of notification of these filings, document purpose of the proposed Project is comments and has dedicated eFiling summaries, and direct links to the twofold (1) to relocate the existing Line N, which is currently affected by mining expert staff available to assist you at documents. Go to http://www.ferc.gov/ operations in the area and (2) increase (202) 502–8258 or [email protected]. esubscribenow.htm. capacity of the system. (1) You may file your comments Any public meetings or additional site The EA assesses the potential electronically by using the eComment visits will be posted on the environmental effects of the feature, which is located on the Commission’s calendar located at http:// construction and operation of the Line Commission’s Web site at http:// www.ferc.gov/EventCalendar/ N Projects in accordance with the www.ferc.gov under the link to EventsList.aspx along with other related requirements of the National Documents and Filings. An eComment information. Environmental Policy Act. The FERC is an easy method for interested persons to submit brief, text-only comments on Finally, to request additional staff concludes that approval of the proposed project, with appropriate a project; information on the project or to provide mitigating measures, would not (2) You may file your comments comments directly to the project constitute a major Federal action electronically by using the eFiling sponsor, you can contact TGS through significantly affecting the quality of the feature, which is located on the its parent company Icon NGS by calling human environment. Commission’s Web site at http:// toll free at 1–877–318–3938 or by e-mail The proposed Line N Projects www.ferc.gov under the link to at [email protected]. Also, TGS has includes the following facilities: Documents and Filings. With eFiling established an Internet Web site at • Construction of 20.1 miles of you can provide comments in a variety http://www.tallulahgas.com with 20-inch-diameter natural gas pipeline; of formats by attaching them as a file additional information about the • Construction of the new Holbrook with your submission. New eFiling project. In addition, TGS has made M&R Station; users must first create an account by information about the project available • Construction of the new 4,740 clicking on ‘‘eRegister.’’ You will be to the local community by placing the horsepower Buffalo Compressor Station; asked to select the type of filing you are public portion of the its FERC and making. A comment on a particular • application in the Madison Parish Abandon service, and idle project is considered a ‘‘Comment on a Library located at 403 North Mulberry approximately 15.6 miles of existing 20- Filing’’; or in Tallulah, Louisiana. inch-diameter natural gas pipeline. (3) You may file a paper copy of your The EA has been placed in the public comments at the following address: Kimberly D. Bose, files of the FERC and is available for Kimberly D. Bose, Secretary, Federal Secretary. public viewing on the FERC’s Web site Energy Regulatory Commission, 888 [FR Doc. 2010–26823 Filed 10–22–10; 8:45 am] at http://www.ferc.gov using the First Street, NE., Room 1A, Washington, eLibrary link. A limited number of DC 20426. BILLING CODE 6717–01–P copies of the EA are available for Although your comments will be distribution and public inspection at: considered by the Commission, simply Federal Energy Regulatory Commission, filing comments will not serve to make Public Reference Room, 888 First Street, the commenter a party to the NE., Room 2A, Washington, DC 20426, proceeding. Any person seeking to (202) 502–8371. become a party to the proceeding must

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file a motion to intervene pursuant to ACTION: Notice. disk or CD–ROM you submit. If EPA Rule 214 of the Commission’s Rules of cannot read your comment due to Practice and Procedures (18 CFR SUMMARY: In compliance with the technical difficulties and cannot contact 385.214).1 Only intervenors have the Paperwork Reduction Act (PRA) (44 you for clarification, EPA may not be right to seek rehearing of the U.S.C. 3501 et seq.), this document able to consider your comment. Commission’s decision. announces that EPA is planning to Electronic files should avoid the use of Affected landowners and parties with renew an existing approved Information special characters, any form of environmental concerns may be granted Collection Request (ICR) to the Office of encryption, and be free of any defects or intervenor status upon showing good Management and Budget (OMB). This viruses. For additional information cause by stating that they have a clear ICR is scheduled to expire on February about EPA’s public docket visit the EPA and direct interest in this proceeding 28, 2011. Before submitting the ICR to Docket Center homepage at http:// OMB for review and approval, EPA is which would not be adequately www.epa.gov/dockets. represented by any other parties. You do soliciting comments on specific aspects of the proposed information collection FOR FURTHER INFORMATION CONTACT: not need intervenor status to have your as described below. LCDR Samantha Fontenelle, Office of comments considered. Science and Technology, U.S. Additional information about the DATES: Comments must be submitted on or before December 27, 2010. Environmental Protection Agency, 1200 project is available from the Pennsylvania Ave., NW., Washington, Commission’s Office of External Affairs, ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– DC 20460; telephone number: (202) at (866) 208–FERC or on the FERC Web 566–2083; fax number: (202) 566–0409; site (http://www.ferc.gov) using the OW–2007–0201, by one of the following methods: e-mail address: eLibrary link. Click on the eLibrary link, • [email protected]. click on ‘‘General Search’’ and enter the Online: http://www.regulations.gov. docket number excluding the last three Follow the on-line instructions for SUPPLEMENTARY INFORMATION: submitting comments. digits in the Docket Number field (i.e., • How can I access the docket and/or CP10–457). Be sure you have selected E-mail: [email protected]. • Mail: EPA Docket Center, submit comments? an appropriate date range. For Environmental Protection Agency, assistance, please contact FERC Online EPA has established a public docket Water Docket, Mailcode C28221T, 1200 Support at [email protected] for this ICR under Docket ID No. EPA– Pennsylvania Ave., NW., Washington, or toll free at (866) 208–3676, or for HQ–OW–2007–0201, which is available DC 20460. for online viewing at http:// TTY, contact (202) 502–8659. The • Hand Delivery: EPA Docket, EPA www.regulations.gov, or in person eLibrary link also provides access to the West Room 3334, 1301 Constitution texts of formal documents issued by the Ave., NW., Washington, DC 20460. Such viewing at the Water Docket in the EPA Commission, such as orders, notices, deliveries are only accepted during the Docket Center (EPA/DC), EPA West, and rulemakings. Docket’s normal hours of operation, and Room 3334, 1301 Constitution Ave., In addition, the Commission offers a special arrangements should be made NW., Washington, DC. The EPA/DC free service called eSubscription which for deliveries of boxed information. Public Reading Room is open from 8:30 allows you to keep track of all formal Instructions: Direct your comments to a.m. to 4:30 p.m., Monday through issuances and submittals in specific Docket ID No. EPA–HQ–OW–2007– Friday, excluding legal holidays. The dockets. This can reduce the amount of 0201. EPA’s policy is that all comments telephone number for the Reading Room time you spend researching proceedings received will be included in the public is 202–566–1744, and the telephone by automatically providing you with docket without change and may be number for the Water Docket is (202) notification of these filings, document made available online at http:// 566–2426. summaries, and direct links to the www.regulations.gov, including any Use http://www.regulations.gov to documents. Go to http://www.ferc.gov/ personal information provided, unless obtain a copy of the draft collection of esubscribenow.htm. the comment includes information information, submit or view public comments, access the index listing of Kimberly D. Bose, claimed to be Confidential Business the contents of the docket, and to access Secretary. Information (CBI) or other information whose disclosure is restricted by statute. those documents in the public docket [FR Doc. 2010–26825 Filed 10–22–10; 8:45 am] Do not submit information that you that are available electronically. Once in BILLING CODE 6717–01–P consider to be CBI or otherwise the system, select ‘‘search,’’ then key in protected through http:// the Docket ID number identified in this www.regulations.gov or e-mail. The document. ENVIRONMENTAL PROTECTION http://www.regulations.gov Web site is AGENCY What information is EPA particularly an ‘‘anonymous access’’ system, which interested in? [EPA–HQ–OW–2007–0201, FRL–9216–9] means EPA will not know your identity or contact information unless you Pursuant to section 3506(c)(2)(A) of Agency Information Collection provide it in the body of your comment. the PRA, EPA specifically solicits Activities: Proposed Collection; If you send an e-mail comment directly comments and information to enable it Comment Request; National Listing of to EPA without going through http:// to: Fish Advisories (Renewal), EPA ICR www.regulations.gov, your e-mail (i) Evaluate whether the proposed Number 1959.04, OMB Control Number address will be automatically captured collection of information is necessary 2040–0226 and included as part of the comment for the proper performance of the that is placed in the public docket and functions of the Agency, including AGENCY: Environmental Protection made available on the Internet. If you whether the information will have Agency (EPA). submit an electronic comment, EPA practical utility; 1 Interventions may also be filed electronically via recommends that you include your (ii) Evaluate the accuracy of the the Internet in lieu of paper. See the previous name and other contact information in Agency’s estimate of the burden of the discussion on filing comments electronically. the body of your comment and with any proposed collection of information,

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including the validity of the of the CFR, after appearing in the Frequency of response: Annual. methodology and assumptions used; Federal Register when approved, are Estimated total average number of (iii) Enhance the quality, utility, and listed in 40 CFR part 9, are displayed responses for each respondent: 3. clarity of the information to be either by publication in the Federal Estimated total annual burden hours: collected; and Register or by other appropriate means, 3,336 labor hours. (iv) Minimize the burden of the such as on the related collection Estimated total annual burden costs: collection of information on those who instrument or form, if applicable. The $125,697.09. No capital or startup costs are to respond, including through the display of OMB control numbers in are required. use of appropriate automated electronic, certain EPA regulations is consolidated mechanical, or other technological in 40 CFR part 9. Are there changes in the estimates from collection techniques or other forms of Abstract: The National Listing of Fish the last approval? information technology, e.g., permitting Advisories (NLFA) Database contains There is a decrease of 229 hours in the electronic submission of responses. In information on the number of advisories total estimated respondent burden particular, EPA is requesting comments issued by each State, territory, or Tribe compared with that identified in the ICR from very small businesses (those that annually. The advisory information currently approved by OMB. This employ less than 25) on examples of collected identifies the waterbody under decrease reflects a change in how the specific additional efforts that EPA advisory, the fish or shellfish species States, Tribes and territories provide the could make to reduce the paperwork and size ranges included in the fish advisory data to EPA. The data tool burden for very small businesses advisory, the chemical contaminants is no longer being used by States to affected by this collection. and residue levels causing the advisory enter data into the NLFA database. to be issued, the waterbody type (river, What should I consider when I prepare lake, estuary, coastal waters), and the What is the next step in the process for my comments for EPA? target populations to whom the advisory this ICR? You may find the following is directed. This information is collected EPA will consider the comments suggestions helpful for preparing your under the authority of section 104 of the received and amend the ICR as comments: Clean Water Act, which provides for the appropriate. The final ICR package will 1. Explain your views as clearly as collection of information to be used to then be submitted to OMB for review possible and provide specific examples. protect human health and the and approval pursuant to 5 CFR 2. Describe any assumptions that you environment. The results of the survey 1320.12. At that time, EPA will issue used. are shared with States, territories, another Federal Register notice 3. Provide copies of any technical Tribes, other Federal agencies, and the pursuant to 5 CFR 1320.5(a)(1)(iv) to information and/or data you used that general public through the NLFA announce the submission of the ICR to support your views. database and the distribution of biennial OMB and the opportunity to submit 4. If you estimate potential burden or fish advisory fact sheets. The responses additional comments to OMB. If you costs, explain how you arrived at the to the survey are voluntary and the have any questions about this ICR or the estimate that you provide. information requested is part of the approval process, please contact the 5. Offer alternative ways to improve State public record associated with the technical person listed under FOR the collection activity. advisories. No confidential business FURTHER INFORMATION CONTACT. 6. Make sure to submit your information is requested. comments by the deadline identified Burden Statement: The annual public Dated: October 15, 2010. under DATES. reporting and recordkeeping burden for Ephraim S. King, 7. To ensure proper receipt by EPA, the collection of information is Director, Office of Science and Technology. be sure to identify the Docket ID number estimated to average 36.26 hours per [FR Doc. 2010–26882 Filed 10–22–10; 8:45 am] assigned to this action in the subject response. Burden means the total time, BILLING CODE 6560–50–P line on the first page of your response. effort, or financial resources expended You may also provide the name, date, by persons to generate, maintain, retain, and Federal Register citation. disclose or provide information to or for ENVIRONMENTAL PROTECTION a Federal agency. This includes the time AGENCY What information collection activity or needed to review instructions; develop, [FRL–9216–8] ICR does this apply to? acquire, install, and utilize technology Affected entities: Entities potentially and systems for the purposes of National Environmental Justice affected by this action are collecting, validating, and verifying Advisory Council; Notification of Administrators of Public Health and information, processing and Public Meeting and Public Comment Environmental Quality Programs in maintaining information, and disclosing State and Tribal governments (NAICS and providing information; adjust the AGENCY: Environmental Protection 92312/SIC 9431 and NAICS 92411/SIC existing ways to comply with any Agency. 9511). previously applicable instructions and ACTION: Notification of Public Meeting. Title: National Listing of Fish requirements which have subsequently Advisories (Renewal). changed; train personnel to be able to SUMMARY: Pursuant to the Federal ICR numbers: EPA ICR No. 1959.04, respond to a collection of information; Advisory Committee Act (FACA), Public OMB Control No. 2040–0226. search data sources; complete and Law 92–463, the U.S. Environmental ICR status: This ICR is currently review the collection of information; Protection Agency (EPA) hereby scheduled to expire on February 28, and transmit or otherwise disclose the provides notice that the National 2011. An Agency may not conduct or information. Environmental Justice Advisory Council sponsor, and a person is not required to The ICR provides a detailed (NEJAC) will meet on the dates and respond to, a collection of information, explanation of the Agency’s estimate, times described below. All meetings are unless it displays a currently valid OMB which is only briefly summarized here: open to the public. Members of the control number. The OMB control Estimated total number of potential public are encouraged to provide numbers for EPA’s regulations in title 40 respondents: Up to 92. comments relevant to the specific issues

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being considered by the NEJAC. For independent advice to the EPA ENVIRONMENTAL PROTECTION additional information about registering Administrator on areas that may AGENCY for public comment, please see include, among other things, ‘‘advice [FRL–9217–3] SUPPLEMENTARY INFORMATION. Due to about broad, cross-cutting issues related limited space, seating at the NEJAC to environmental justice, including Science Advisory Board Staff Office; meeting will be on a first-come, first- environment-related strategic, scientific, Notification of Two Public served basis. technological, regulatory, and economic Teleconferences of the Clean Air DATES: The NEJAC meeting will issues related to environmental justice.’’ Scientific Advisory Committee convene Tuesday, November 16, 2010, The meeting shall be used to receive (CASAC) NOX & SOX Secondary from 1 p.m. until 3:45 p.m., and comments, and discuss and provide NAAQS Review Panel and a Public reconvene Wednesday, November 17, recommendations regarding these Teleconference of the Chartered 2010, from 9 a.m. to 5 p.m., and CASAC Thursday, November 18, 2010, from 9 primary areas: (1) EPA’s Plan EJ 2014; a.m. to 2 p.m. All noted times are (2) EPA’s charge to the NEJAC on AGENCY: Environmental Protection Central Time. incorporating environmental justice into Agency (EPA). One public comment session relevant the permitting process, (3) rural ACTION: Notice. to the specific issues being considered environmental justice challenges; and SUMMARY: The Environmental Protection by the NEJAC (see SUPPLEMENTARY (4) green impact zones. Agency (EPA) Science Advisory Board INFORMATION) is scheduled for Tuesday, A. Public Comment: Individuals or (SAB) Staff Office announces two public November 16, from 4 p.m. to 7 p.m. All groups making oral presentations during noted times are Central Time. Members teleconferences of the Clean Air the public comment period will be Scientific Advisory Committee NO and of the public who wish to participate in X limited to a total time of five minutes. SO Secondary National Ambient Air the public comment period are x Only one representative of a Quality Standards (NAAQS) Review encouraged to pre-register by 11 a.m. community, organization, or group will Panel (CASAC Panel) to continue its Monday, November 1, 2010. be allowed to speak. Any number of peer review of EPA’s Policy Assessment ADDRESSES: The NEJAC meeting will be written comments can be submitted for for the Review of the Secondary held at the Westin Crown Center, One the record. The suggested format for National Ambient Air Quality Pershing Road, Kansas City, Missouri individuals providing public comments Standards for NOX and SOX: Second 64108, telephone 816–474–4400, fax is as follows: Name of speaker, name of External Review Draft (September 2010) 816–843–4822 or toll free: 1–800–937– organization/community, mailing and a teleconference for the chartered 8461. address, telephone, e-mail address, a CASAC to review the Panel’s draft FOR FURTHER INFORMATION CONTACT: brief description of concern, and what report. Questions concerning the meeting you want the NEJAC to advise EPA to should be directed to Mr. Aaron Bell, DATES: The CASAC Panel will hold a do. Written comments received by 11 teleconference on November 9, 2010 U.S. Environmental Protection Agency, a.m. Monday, November 1, 2010, will be 1200 Pennsylvania Avenue, NW from 1 p.m. to 4 p.m. (Eastern Time) included in the materials distributed to and, if additional time is needed, on (MC2201A), Washington, DC 20460; by the members of the NEJAC. Written telephone at 202–564–1044, via e-mail November 10, 2010 from 1 p.m. to comments received after that date and 4 p.m. (Eastern Time). The chartered at [email protected]; or by fax at 202– time will be provided to the NEJAC as 501–0936. Additional information about CASAC will hold a teleconference on time allows. All information should be December 6, 2010 from 10 a.m. to the meeting is available at the following sent to the address, e-mail, or fax Web site address: http://www.epa.gov/ 11 a.m. to review the Panel’s draft number listed in the FOR FURTHER compliance/environmentaljustice/nejac/ report. INFORMATION CONTACT section above. meetings.html. ADDRESSES: The public teleconferences Pre-registration by 11 a.m. Monday, B. Information about Services for will be conducted by telephone only. November 1, 2010, for all attendees is Individuals with Disabilities: For FOR FURTHER INFORMATION CONTACT: Any highly recommended. To register information about access or services for member of the public who wishes to online, visit the Web site address above. individuals with disabilities, please submit a written or provide a brief oral Requests for pre-registration forms contact Ms. Estela Rosas, EPA statement or wants further information should be faxed to Ms. Estela Rosas, Contractor, APEX Direct, Inc., at 877– concerning the November 9 and 10, EPA Contractor, APEX Direct, Inc., at 773–0779 or Meetings@AlwaysPursuing 2010 teleconferences may contact Dr. 877–773–0779 or e-mailed to Meetings@ Excellence.com. To request special Angela Nugent, Designated Federal AlwaysPursuingExcellence.com. Please accommodations for a disability, please Officer (DFO), EPA Science Advisory remember to specify which meeting you contact Ms. Rosas at least 7 working Board (1400R), U.S. Environmental are registering to attend (e.g., NEJAC days prior to the meeting, to give EPA Protection Agency, 1200 Pennsylvania November 2010). Please also state sufficient time to process your request. Avenue, NW., Washington, DC 20460; whether you would like to be put on the All other requests specifically related to via telephone/voice mail (202) 564– list to provide public comment, and the meeting should be sent to the 2218; fax (202) 565–2098; or e-mail at whether you are submitting written address, e-mail, or fax number listed in [email protected]. Any member of comments before the November 1, 2010, the FOR FURTHER INFORMATION CONTACT the public who wishes to submit a deadline. Non-English speaking section above. written or provide a brief oral statement attendees wishing to arrange for a or wants further information concerning Dated: October 15, 2010. foreign language interpreter may make the December 6, 2010 teleconference appropriate arrangements in writing Victoria Robinson, may contact Dr. Holly Stallworth, using the above fax number. Designated Federal Officer, National Designated Federal Officer (DFO), EPA SUPPLEMENTARY INFORMATION: The Environmental Justice Advisory Council. Science Advisory Board (1400R), U.S. Charter of the NEJAC states that the [FR Doc. 2010–26884 Filed 10–22–10; 8:45 am] Environmental Protection Agency, 1200 advisory committee shall provide BILLING CODE 6560–50–P Pennsylvania Avenue, NW.,

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Washington, DC 20460; via telephone/ Availability of Meeting Materials: Submitters are asked to provide versions voice mail (202) 564–2073; fax (202) EPA–OAR’s Policy Assessment for the of each November 5, 2010 document 565–2098; or e-mail at Review of the Secondary National submitted with and without signatures, [email protected]. General Ambient Air Quality Standards for NOX because the SAB Staff Office does not information concerning the CASAC and and SOX: Second External Review Draft publish documents with signatures on the CASAC documents can be found on (September 2010) is accessible at http:// its Web sites. the EPA Web site at http:// www.epa.gov/ttn/naaqs/standards/ Accessibility: For information on www.epa.gov/casac. no2so2sec/index.html. The agenda and access or services for individuals with SUPPLEMENTARY INFORMATION: other materials for the CASAC disabilities, please contact Dr. Nugent or Background: The Clean Air Scientific teleconference will be posted on the Dr. Stallworth, as appropriate, at the Advisory Committee (CASAC) was CASAC Web site at http:// phone number or e-mail address noted established under section 109(d)(2) of yosemite.epa.gov/sab/sabproduct.nsf/ above, preferably at least ten days prior the Clean Air Act (CAA or Act) (42 fedrgstr_activites/NOx%2FSOx%20 to the meeting, to give EPA as much U.S.C. 7409) as an independent Secondary%20NAAQS%20Review? time as possible to process your request. scientific advisory committee. CASAC OpenDocument. Dated: October 18, 2010. provides advice, information and Procedures for Providing Public Input: Vanessa T. Vu, recommendations on the scientific and Public comment for consideration by Director, EPA Science Advisory Board Staff technical aspects of air quality criteria EPA’s Federal advisory committees and Office. and national ambient air quality panels has a different purpose from [FR Doc. 2010–26877 Filed 10–22–10; 8:45 am] standards (NAAQS) under sections 108 public comment provided to EPA BILLING CODE 6560–50–P and 109 of the Act. The CASAC Panel program offices. Therefore, the process will comply with the provisions of for submitting comments to a Federal FACA and all appropriate SAB Staff advisory committee is different from the ENVIRONMENTAL PROTECTION Office procedural policies. process used to submit comments to an AGENCY Pursuant to the Federal Advisory EPA program office. Federal advisory Committee Act (FACA), Public Law 92– committees and panels, including [FRL–9217–4] 463 5 U.S.C., App. 2, notice is hereby scientific advisory committees, provide Science Advisory Board Staff Office;

given that the CASAC NOX & SOX independent advice to EPA. Members of Notification of a Public Teleconference Secondary NAAQS Review Panel will the public can submit comments for a of the Chartered Science Advisory hold a teleconference on November 9, Federal advisory committee to consider Board 2010 from 1 p.m. to 4 p.m. (Eastern as it develops advice for EPA. They Time) and, if additional time is needed, should send their comments directly to AGENCY: Environmental Protection on November 10, 2010 from 1 p.m. to the Designated Federal Officer for the Agency (EPA). 4 p.m. (Eastern Time) to continue its relevant advisory committee. Oral ACTION: Notice. review of EPA’s second draft Policy Statements: In general, individuals or Assessment supporting development of groups requesting an oral presentation SUMMARY: The EPA Science Advisory secondary National Ambient Air Quality at a teleconference meeting will be Board (SAB) Staff Office announces a Standards (NAAQS) for NOX and SOX. limited to three minutes per speaker, public teleconference of the chartered The chartered CASAC will review the with no more than a total of one hour SAB on November 22, 2010 to conduct Panel’s draft report on December 6, for all speakers. Interested parties a quality review of a draft SAB report. 2010, from 10 a.m. to 11 a.m. (Eastern should contact Dr. Nugent at the contact DATES: The public teleconference will Time) rather than on November 8, 2010 information provided above by be held on November 22, 2010 from from 1 a.m. to 4 p.m. (75 FR 63471– November 5, 2010, to be placed on the 2 p.m. to 5 p.m. (Eastern Time). 63472), as previously announced. public speaker list for the ADDRESSES: The public teleconference The CASAC NOX & SOX Secondary teleconferences on November 9, 2010. will be conducted by telephone only. NAAQS Review Panel held a public Interested parties should contact Dr. meeting on October 6–7, 2010 (75 FR Stallworth at the contact information FOR FURTHER INFORMATION CONTACT: Any 54871–54872) to review EPA’s draft provided above by December 2, 2010, to member of the public wishing to obtain document entitled Policy Assessment be placed on the public speaker list for general information concerning this for the Review of the Secondary the teleconferences on December 6, public teleconference should contact Dr. National Ambient Air Quality 2010. Written Statements: Written Angela Nugent, Designated Federal Officer (DFO), EPA Science Advisory Standards for NOX and SOX: Second statements for the November External Review Draft (September 2010). teleconferences should be received by Board (1400R), 1200 Pennsylvania Background on the CASAC panel’s Dr. Nugent by November 5, 2010 so that Avenue, NW., Washington, DC 20460; advice and review of other EPA the information can be made available via telephone/voice mail (202) 564– documents related to the secondary to the Panel for their consideration prior 2218; fax (202) 565–2098; or e-mail at [email protected]. General NAAQS review for NOX & SOX can be to the teleconference call. Written found on the CASAC Web site at http:// statements for the December information concerning the EPA Science yosemite.epa.gov/sab/sabproduct.nsf/ teleconference should be received by Dr. Advisory Board can be found on the WebProjectsbyTopicCASAC. Stallworth by December 2, 2010. SAB Web site at http://www.epa.gov/ Technical Contacts: Any questions Written statements should be supplied sab. concerning EPA’s Policy Assessment for to the appropriate DFO in the following SUPPLEMENTARY INFORMATION: Pursuant the Review of the Secondary National formats: One hard copy with original to the Federal Advisory Committee Act Ambient Air Quality Standards for NOX signature and one electronic copy via (FACA), 5 U.S.C., App. 2, notice is and SOX: Second External Review Draft e-mail (acceptable file format: Adobe hereby given that the EPA Science (September 2010) should be directed to Acrobat PDF, MS Word, WordPerfect, Advisory Board will hold a public Dr. Byran Hubbell, OAR, at (919) 541– MS PowerPoint, or Rich Text files in teleconference to quality review a 0621 or [email protected]. IBM–PC/Windows 98/2000/XP format). revised draft report from the SAB Work

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Group regarding EPA’s Toxicological format: Adobe Acrobat PDF, Class I hazardous injection wells Review of Inorganic Arsenic In Support WordPerfect, MS Word, MS PowerPoint, specifically identified as Waste of Summary Information on the or Rich Text files in IBM–PC/Windows Ammonia Liquor No. 1 and Waste Integrated Risk Information System 98/2000/XP format). Submitters are Ammonia Liquor No. 2 at the AMBH (IRIS) (External Review Draft, February asked to provide versions of each facility. This decision constitutes a final 2010). The SAB was established document submitted with and without EPA action for which there is no pursuant to 42 U.S.C. 4365 to provide signatures, because the SAB Staff Office administrative appeal process. independent scientific and technical does not publish documents with DATES: This action is effective as of advice to the Administrator on the signatures on its Web sites. October 25, 2010. technical basis for Agency positions and Accessibility: For information on FOR FURTHER INFORMATION CONTACT: regulations. The SAB is a Federal access or services for individuals with William Bates, Lead Petition Reviewer, Advisory Committee under FACA. The disabilities, please contact Dr. Angela EPA, Region 5, telephone (312) 886– SAB will comply with the provisions of Nugent at (202) 564–2218 or nugent. 6110. Copies of the petition and all FACA and all appropriate SAB Staff [email protected]. To request pertinent information relating thereto Office procedural policies. accommodation of a disability, please are on file and are part of the Background: The chartered SAB contact her preferably at least 10 days Administrative Record. It is conducted a quality review of draft prior to the teleconference, to give EPA recommended that you contact the lead report dated May 13, 2010 from the SAB as much time as possible to process reviewer prior to reviewing the Work Group on June 16, 2010 (75 FR your request. Administrative Record. 27553–27554). Background information about this SAB advisory activity and the Dated: October 18, 2010. SUPPLEMENTARY INFORMATION: Vanessa T. Vu, chartered SAB’s June quality review can Background be found on the SAB Web site at Director, EPA Science Advisory Board Staff http://yosemite.epa.gov/sab/ Office. AMBH submitted a petition for sabproduct.nsf/fedrgstr_activites/ [FR Doc. 2010–26909 Filed 10–22–10; 8:45 am] renewal of an existing exemption from the land disposal restrictions of Rev%20Tox%20Review%20Inorg%20 BILLING CODE 6560–50–P Arsenic?OpenDocument. After the June hazardous waste on March 15, 2007. teleconference, the work group revised EPA personnel reviewed all data the draft report in light of comments ENVIRONMENTAL PROTECTION pertaining to the petition, including, but received. AGENCY not limited to, well construction, well operations, regional and local geology, Availability of Meeting Materials: The [FRL–9216–5] agenda, draft SAB work group report, seismic activity, penetrations of the and other materials in support of the Approval of a Petition for Exemption confining zone, and computational teleconference will be placed on the From Hazardous Waste Disposal models of the injection zone. EPA has SAB Web site at http://www.epa.gov/sab Injection Restrictions to ArcelorMittal determined that the hydrogeological and in advance of the teleconference. Burns Harbor, LLC, Burns Harbor, IN geochemical conditions at the site and Procedures for Providing Public Input: the nature of the waste streams are such Public comment for consideration by AGENCY: Environmental Protection that reliable predictions can be made EPA’s Federal advisory committees and Agency. that fluid movement conditions are such panels has a different purpose from ACTION: Notice of final decision on that injected fluids will not migrate out public comment provided to EPA petition. of the injection zone within 10,000 program offices. Therefore, the process years, as set forth at 40 CFR part 148. for submitting comments to a Federal SUMMARY: Notice is hereby given by the The injection zone for the AMBH advisory committee is different from the United States Environmental Protection facility is composed of the lower Eau process used to submit comments to an Agency (EPA) that an exemption to the Claire Formation and Mount Simon EPA program office. Federal advisory land disposal restrictions under the Sandstone, between 2,180 and 4,297 committees and panels, including 1984 Hazardous and Solid Waste feet. The confining zone at the AMBH scientific advisory committees, provide Amendments (HSWA) to the Resource facility is the upper Eau Claire independent advice to EPA. Members of Conservation and Recovery Act (RCRA) Formation, which is found between the public can submit comments for a has been granted to ArcelorMittal Burns 1,936 and 2,180 feet. The confining zone Federal advisory committee to consider Harbor, LLC (AMBH) of Burns Harbor, is separated from the lowermost as it develops advice for EPA. They Indiana, for three Class I injection wells underground source of drinking water should send their comments directly to located in Burns Harbor, Indiana. As (at a depth of 726 feet below ground the Designated Federal Officer for the required by 40 CFR part 148, AMBH has level) by a sequence of permeable and relevant advisory committee. Oral demonstrated, to a reasonable degree of less permeable sedimentary rocks, Statements: In general, individuals or certainty, that there will be no migration which provide additional protection groups requesting time to make an oral of hazardous constituents out of the from fluid migration into drinking water presentation at a public SAB injection zone or into an underground sources. teleconference will be limited to three source of drinking water (USDW) for at EPA issued a draft decision, which minutes. Those interested in being least 10,000 years. This final decision described the reasons for granting this placed on the public speakers list allows the continued underground exemption in more detail, a fact sheet, should contact Dr. Nugent at the contact injection by AMBH of a specific which summarized these reasons, and a information provided above by restricted waste, Spent Pickle Liquor public notice on February 19, 2010, November 15, 2010. Written Statements: (code K062 under 40 CFR part 261), into pursuant to 40 CFR 124.10. A public Written statements should be received one Class I hazardous waste injection meeting and a public hearing were held in the SAB Staff Office by November 15, well specifically identified as Spent on March 24, 2010. The public comment 2010. Written statements should be Pickle Liquor No. 1; and of waste period expired on April 7, 2010. The supplied to the DFO via e-mail to ammonia liquor (codes D010, D018 or comments EPA received included [email protected] (acceptable file D038 under 40 CFR part 261), into two questions on the evaluation, the level of

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certainty, and well testing. EPA has analysis of the injected wastes which Conservation (ADEC) will be phasing in prepared a response to comments which shall include the chemical and physical the program over a three year period can be viewed at the following URL: properties upon which the no-migration with permit authority for different http://www.epa.gov/region5/water/uic/ demonstration was based, including the categories of discharges being pubpdf/ambh_response_to_ physical and chemical properties listed transferred to the State on specific dates. comments.pdf. A final exemption is in Conditions 5 and 6 of this exemption Under this phased approach, authority therefore granted as proposed. approval. to issue permits to the mining sector (10) AMBH shall submit a report will transfer to Alaska on October 31, Conditions containing the results of a bottom hole 2010. According to the Memorandum of This exemption is subject to the pressure survey (fall-off test) performed Agreement between EPA and ADEC, following conditions. Non-compliance on Spent Pickle Liquor No. 1, Waste EPA will complete work on any project with any of these conditions is grounds Ammonia Liquor #1, or Waste Ammonia where substantial work has been for termination of the exemption: Liquor #2 to EPA annually. The survey initiated prior to the transfer dates, (1) All regulatory requirements in 40 shall be performed after shutting in the however, the State would issue any final CFR 148.23 and 148.24 are incorporated well for a period of time sufficient to permit after the transfer date. Due to the by reference; allow the pressure in the injection timing of the public notice of this (2) The exemption applies to the interval to reach equilibrium, in permit, the final permit will be issued existing Spent Pickle Liquor #1, Waste accordance with 40 CFR 146.68(e)(1). by the State of Alaska. Ammonia Liquor #1 and Waste The annual report shall include a DATES: Ammonia Liquor #2 injection wells, Interested persons may submit comparison of reservoir parameters comments on the proposed reissuance located at the AMBH facility at 250 determined from the fall-off test with West U.S. Highway 12, Burns Harbor, of the GP to EPA, Region 10 at the parameters used in the approved no- address below. Comments must be Indiana. migration petition. (3) Injection is limited to that part of postmarked by December 9, 2010. (11) The petitioner shall fully comply the Lower Mount Simon Sandstone at ADDRESSES: Comments on the proposed with all requirements set forth in depths between 2,734 and 4,297 feet. GP reissuance should be sent to the Underground Injection Control Permits (4) Only hazardous wastes denoted by attention of the Director, Office of Water IN–127–1W–0001, IN–127–1W–0003, the waste codes D010, D018, D038 and & Watersheds, EPA—Region 10, 1200 and IN–127–1W–0004 issued by the K062 may be injected. Other fluids Sixth Avenue, Suite 900, OWW–130, EPA; and necessary for well testing, stimulation, Seattle, WA 98101. Comments may also (12) Whenever EPA determines that etc. may be injected when approved by be submitted electronically to the basis for approval of a petition may EPA. [email protected]. (5) The chemical properties of the no longer be valid, EPA may terminate this exemption and require a new FOR FURTHER INFORMATION CONTACT: injectate that will be monitored are Copies of the proposed GP, Fact Sheet limited according to the table below: demonstration in accordance with 40 CFR 148.24. and other documents from the Administrative Record are available Concentration Dated: September 30, 2010. upon request. Requests may be made to Chemical constituent limitation Timothy C. Henry, or property at the well head Audrey Washington at (206) 553–0523 (mg/L) Acting Director, Water Division, EPA Region or [email protected] or to 5. Cindi Godsey at (907) 271–6561 or Benzene ...... 220 (maximum). [FR Doc. 2010–26911 Filed 10–22–10; 8:45 am] pH ...... 0 (minimum). [email protected]. BILLING CODE 6560–50–P Chromium ...... 133 (maximum). The draft GP and fact sheet may also Naphthalene ...... 260 (maximum). be found on the EPA Region 10 Web site Nickel ...... 50 (maximum). at http://yosemite.epa.gov/R10/ Phenol ...... 3,780 (maximum). ENVIRONMENTAL PROTECTION water.nsf/NPDES+Permits/ Pyridine ...... 116 (maximum). AGENCY Permits+Homepage then click on Selenium ...... 5 (maximum). [FRL–9217–5] ‘‘Current public comment opportunities.’’ (6) The chemical properties of the Proposed Reissuance of General SUPPLEMENTARY INFORMATION: injectate that defined the edge of the NPDES Permits (GP) for Alaskan plume in the demonstration are benzene Medium-Size Suction Dredging (Permit Executive Order 12866: The Office of for waste ammonia liquor and pH for Number AKG–37–1000) Management and Budget has exempted the spent pickle liquor. this action from the review (7) The volume of wastes injected in AGENCY: Environmental Protection requirements of Executive Order 12866 any month through the wells must not Agency, Region 10. pursuant to Section 6 of that order. exceed 92,043,000 gal (for Spent Pickle ACTION: Proposed reissuance of a general Regulatory Flexibility Act: Under the Liquor #1) and 157,788,000 gal (for permit. Regulatory Flexibility Act (RFA), 5 Waste Ammonia Liquor #1 and Waste U.S.C. 601 et seq., a Federal agency Ammonia Liquor #2 combined). SUMMARY: On October 7, 2010, the must prepare an initial regulatory (8) This exemption is approved for the general permit regulating the activities flexibility analysis ‘‘for any proposed 21-year modeled injection period, of suction dredge gold placer mining rule’’ for which the agency ‘‘is required which ends on December 31, 2027. operations in the State of Alaska by section 553 of the Administrative AMBH may petition EPA for a expired. EPA proposes to reissue this Procedure Act (APA), or any other law, reissuance of the exemption beyond that general permit with no changes. On to publish general notice of proposed date, provided that a new and complete October 31, 2008, EPA approved the rulemaking.’’ The RFA exempts from no-migration petition is received at application submitted by the State of this requirement any rule that the EPA, Region 5, by July 1, 2027. Alaska to administer the NPDES issuing agency certifies ‘‘will not, if (9) AMBH shall submit monthly Program. Under the State program, the promulgated, have a significant reports to EPA containing a fluid Alaska Department of Environmental economic impact on a substantial

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number of small entities.’’ EPA has FEDERAL DEPOSIT INSURANCE listing. This list (as updated from time concluded that NPDES general permits CORPORATION to time in the Federal Register) may be are permits, not rulemakings, under the relied upon as ‘‘of record’’ notice that the APA and thus not subject to APA Update to Notice of Financial Corporation has been appointed receiver rulemaking requirements or the RFA. Institutions for Which the Federal for purposes of the statement of policy Notwithstanding that general permits Deposit Insurance Corporation Has published in the July 2, 1992 issue of are not subject to the RFA, EPA has Been Appointed Either Receiver, the Federal Register (57 FR 29491). For determined that this GP, as reissued, Liquidator, or Manager further information concerning the identification of any institutions which will not have a significant economic AGENCY: Federal Deposit Insurance have been placed in liquidation, please impact on a substantial number of small Corporation. entities. visit the Corporation Web site at http:// ACTION: Update Listing of Financial www.fdic.gov/bank/individual/failed/ Dated: October 17, 2010. Institutions in Liquidation. banklist.html or contact the Manager of Michael A. Bussell, Receivership Oversight in the SUMMARY: Notice is hereby given that Director, Office of Water & Watersheds, the Federal Deposit Insurance appropriate service center. Region 10, U.S. Environmental Protection Corporation (Corporation) has been Dated: October 18, 2010. Agency. appointed the sole receiver for the Pamela Johnson, [FR Doc. 2010–26873 Filed 10–22–10; 8:45 am] following financial institutions effective Regulatory Editing Specialist, Federal Deposit BILLING CODE 6560–50–P as of the Date Closed as indicated in the Insurance Corporation.

INSTITUTIONS IN LIQUIDATION [In alphabetical order]

Date FDIC Ref. No. Bank name City State closed

10297 ...... Premier Bank ...... Jefferson City ...... MO 10/15/ 2010 10298 ...... Security Savings Bank, F.S.B ...... Olathe ...... KS 10/15/ 2010 10299 ...... WestBridge Bank and Trust Company .. Chesterfield ...... MO 10/15/ 2010

[FR Doc. 2010–26817 Filed 10–22–10; 8:45 am] 1. Warburg Pincus Private Equity S, The Federal Open Market Committee BILLING CODE P L.P., New York, New York; to acquire seeks monetary and financial conditions voting shares of National Penn that will foster price stability and Bancshares, Inc., and thereby indirectly promote sustainable growth in output. FEDERAL RESERVE SYSTEM acquire voting shares of National Penn To further its long-run objectives, the Bank, both of Boyertown, Pennsylvania. Committee seeks conditions in reserve Change in Bank Control Notices; Board of Governors of the Federal Reserve markets consistent with federal funds Acquisitions of Shares of a Bank or System, October 20, 2010. trading in a range from 0 to @ percent. Bank Holding Company Robert deV. Frierson, The Committee directs the Desk to The notificants listed below have Deputy Secretary of the Board. maintain the total face value of domestic applied under the Change in Bank [FR Doc. 2010–26867 Filed 10–22–10; 8:45 am] securities held in the System Open Control Act (12 U.S.C. 1817(j)) and BILLING CODE 6210–01–P Market Account at approximately $2 § 225.41 of the Board’s Regulation Y (12 trillion by reinvesting principal CFR 225.41) to acquire shares of a bank payments from agency debt and agency or bank holding company. The factors FEDERAL RESERVE SYSTEM mortgage-backed securities in longer- that are considered in acting on the term Treasury securities. The System Federal Open Market Committee; notices are set forth in paragraph 7 of Open Market Account Manager and the Domestic Policy Directive of the Act (12 U.S.C. 1817(j)(7)). Secretary will keep the Committee September 21, 2010 The notices are available for informed of ongoing developments immediate inspection at the Federal In accordance with Section 271.25 of regarding the System’s balance sheet Reserve Bank indicated. The notices its rules regarding availability of that could affect the attainment over also will be available for inspection at information (12 CFR part 271), there is time of the Committee’s objectives of the offices of the Board of Governors. set forth below the domestic policy maximum employment and price Interested persons may express their directive issued by the Federal Open stability. views in writing to the Reserve Bank Market Committee at its meeting held By order of the Federal Open Market indicated for that notice or to the offices on September 21, 2010.1 of the Board of Governors. Comments Committee, October 13, 2010. William B. English, must be received not later than 1 Copies of the Minutes of the Federal Open November 9, 2010. Market Committee at its meeting held on September Secretary, Federal Open Market Committee. A. Federal Reserve Bank of 21, 2010, which includes the domestic policy [FR Doc. 2010–26862 Filed 10–22–10; 8:45 am] Philadelphia (Michael E. Collins, Senior directive issued at the meeting, are available upon request to the Board of Governors of the Federal BILLING CODE 6210–01–P Vice President) 100 North 6th Street, Reserve System, Washington, DC 20551. The Philadelphia, Pennsylvania 19105– minutes are published in the Federal Reserve 1521: Bulletin and in the Board’s Annual Report.

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FEDERAL RESERVE SYSTEM Bank of Bird Island, both of Bird Island, This notice announces forthcoming Minnesota. subcommittee meetings of a Federal Formations of, Acquisitions by, and Board of Governors of the Federal Reserve advisory committee of the Office of the Mergers of Bank Holding Companies System, October 20, 2010. National Coordinator for Health Robert deV. Frierson, Information Technology (ONC). The The companies listed in this notice meetings will be open to the public via Deputy Secretary of the Board. have applied to the Board for approval, dial-in access only. pursuant to the Bank Holding Company [FR Doc. 2010–26866 Filed 10–22–10; 8:45 am] Name of Committees: HIT Policy Act of 1956 (12 U.S.C. 1841 et seq.) BILLING CODE 6210–01–P Committee’s Workgroups: Meaningful (BHC Act), Regulation Y (12 CFR part Use, Privacy & Security Tiger Team, 225), and all other applicable statutes Enrollment, Governance, Adoption/ and regulations to become a bank FEDERAL MARITIME COMMISSION Certification, and Information Exchange holding company and/or to acquire the workgroups. assets or the ownership of, control of, or Sunshine Act Meeting General Function of the Committee: to the power to vote shares of a bank or provide recommendations to the bank holding company and all of the AGENCY HOLDING THE MEETING: Federal National Coordinator on a policy banks and nonbanking companies Maritime Commission. framework for the development and owned by the bank holding company, TIME AND DATE: October 27, 2010–10 a.m. adoption of a nationwide health including the companies listed below. PLACE: 800 North Capitol Street, NW., information technology infrastructure The applications listed below, as well First Floor Hearing Room, Washington, that permits the electronic exchange and as other related filings required by the DC. use of health information as is Board, are available for immediate STATUS: Part of the meeting will be in consistent with the Federal Health IT inspection at the Federal Reserve Bank Open Session and the remainder of the Strategic Plan and that includes indicated. The application also will be meeting will be in Closed Session. recommendations on the areas in which available for inspection at the offices of standards, implementation MATTERS TO BE CONSIDERED: the Board of Governors. Interested specifications, and certification criteria persons may express their views in Open Session are needed. Date and Time: The HIT Policy writing on the standards enumerated in 1. Staff Briefing on the 2010 Asia- Committee Workgroups will hold the the BHC Act (12 U.S.C. 1842(c)). If the Pacific Economic Cooperation—33rd following public meetings during proposal also involves the acquisition of Transportation Working Group Meeting. November 2010: November 1st a nonbanking company, the review also 2. Commission Review of the Impact includes whether the acquisition of the Information Exchange Provider of the European Union Repeal of the Directory Task Force, 10 a.m. to 11:30 nonbanking company complies with the Liner Conference Block Exemption— standards in section 4 of the BHC Act a.m./ET; November 2nd Meaningful Use Staff Recommendation and Draft Notice Workgroup, 9 a.m. to 10 a.m./ET; (12 U.S.C. 1843). Unless otherwise of Inquiry. noted, nonbanking activities will be November 3rd Information Exchange conducted throughout the United States. Closed Session Workgroup, 10 a.m. to 11:30 a.m./ET; November 5th Governance Workgroup, Unless otherwise noted, comments 1. Staff Briefing on Reporting 1 p.m. to 3 p.m./ET; November 8th regarding each of these applications Requirement Options for Global Vessel Privacy & Security Tiger Team, 10 a.m. must be received at the Reserve Bank Alliances. indicated or the offices of the Board of to 12 p.m./ET; November 9th 2. Staff Briefing on Semi-Annual Meaningful Use Workgroup, 10 a.m. to Governors not later than November 19, Meeting with the Transpacific 2010. 12 p.m./ET; November 10th Enrollment Stabilization Agreement, FMC Workgroup, time: TBD; November 12th A. Federal Reserve Bank of Atlanta Agreement No. 011223. Governance Workgroup, 10 a.m. to 12 (Clifford Stanford, Vice President) 1000 3. Staff Briefing Regarding China p.m./ET; November 12th Information Peachtree Street, N.E., Atlanta, Georgia Maritime Regulatory Issues. Exchange Provider Directory Task 30309: CONTACT PERSON FOR MORE INFORMATION: Force, 2 to 3:30 p.m./ET; November 15th 1. Franklin Acquisition Company, Karen V. Gregory, Secretary, (202) 523– Information Exchange Workgroup, 10 LLC, Tampa, Florida; to become a bank 5725. a.m. to 11:30 a.m./ET; November 17th holding company by merging with Enrollment Workgroup, 11 a.m. to 2 Anderen Financial, Inc., and thereby Karen V. Gregory, Secretary. p.m./ET; and November 22nd Privacy & indirectly acquire Anderen Bank, both Security Tiger Team, 10 a.m. to 12 p.m./ [FR Doc. 2010–26992 Filed 10–21–10; 11:15 am] of Palm Harbor, Florida. ET. 2. Florida Bank Group, Inc., Tampa, BILLING CODE 6730–01–P Location: All workgroup meetings Florida; to merge with Franklin will be available via webcast; for Acquisition Company, LLC, Tampa, instructions on how to listen via Florida, and thereby indirectly acquire DEPARTMENT OF HEALTH AND telephone or Web visit http:// Anderen Bank, Palm Harbor, Florida. HUMAN SERVICES healthit.hhs.gov. Please check the ONC B. Federal Reserve Bank of Web site for additional information or Minneapolis (Jacqueline G. King, Office of the National Coordinator for revised schedules as it becomes Community Affairs Officer) 90 Health Information Technology; HIT available. Hennepin Avenue, Minneapolis, Policy Committee’s Workgroup Contact Person: Judy Sparrow, Office Minnesota 55480–0291: Meetings; Notice of Meetings of the National Coordinator, HHS, 330 C 1. Frandsen Financial Corporation, AGENCY: Office of the National Street, SW., Washington, DC 20201, Arden Hills, Minnesota; to acquire 100 Coordinator for Health Information 202–205–4528, Fax: 202–690–6079, e- percent of the voting shares of Island Technology, HHS. mail: [email protected]. Please call Financial Corporation, and thereby the contact person for up-to-date ACTION: Notice of meetings. indirectly acquire voting shares of State information on these meetings. A notice

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in the Federal Register about last ACTION: Notice of meetings. person on or before two days prior to minute modifications that affect a the workgroups’ meeting date. Oral previously announced advisory This notice announces forthcoming comments from the public will be committee meeting cannot always be subcommittee meetings of a Federal scheduled at the conclusion of each published quickly enough to provide advisory committee of the Office of the workgroup meeting. Time allotted for timely notice. National Coordinator for Health each presentation will be limited to Agenda: The workgroups will be Information Technology (ONC). The three minutes. If the number of speakers discussing issues related to their meetings will be open to the public via requesting to comment is greater than specific subject matter, e.g., meaningful dial-in access only. can be reasonably accommodated Name of Committees: HIT Standards use, information exchange, privacy and during the scheduled open public Committee’s Workgroups: Clinical security, enrollment, governance, or session, ONC will take written Operations Vocabulary, adoption/certification. If background comments after the meeting until close Implementation, and Privacy & Security materials are associated with the of business on that day. workgroups. workgroup meetings, they will be If you require special General Function of the Committee: accommodations due to a disability, posted on ONC’s Web site prior to the To provide recommendations to the meeting at http://healthit.hhs.gov. please contact Judy Sparrow at least National Coordinator on standards, seven (7) days in advance of the Procedure: Interested persons may implementation specifications, and present data, information, or views, meeting. certification criteria for the electronic ONC is committed to the orderly orally or in writing, on issues pending exchange and use of health information before the workgroups. Written conduct of its advisory committee for purposes of adoption, consistent meetings. Please visit our Web site at submissions may be made to the contact with the implementation of the Federal person on or before two days prior to http://healthit.hhs.gov for procedures Health IT Strategic Plan, and in on public conduct during advisory the workgroups’ meeting date. Oral accordance with policies developed by comments from the public will be committee meetings. the HIT Policy Committee. Notice of this meeting is given under scheduled at the conclusion of each Date and Time: The HIT Standards workgroup meeting. Time allotted for the Federal Advisory Committee Act Committee Workgroups will hold the (Pub. L. 92–463, 5 U.S.C., App. 2). each presentation will be limited to following public meetings during three minutes. If the number of speakers November 2010: November 4th Dated: October 18, 2010. requesting to comment is greater than Implementation Workgroup, 2 p.m. to Judith Sparrow, can be reasonably accommodated 3:30 p.m./ET; Clinical Operations Office of Programs and Coordination, Office during the scheduled open public Workgroup and Vocabulary Task Force of the National Coordinator for Health session, ONC will take written meetings TBD. Information Technology. comments after the meeting until close Location: All workgroup meetings [FR Doc. 2010–26919 Filed 10–22–10; 8:45 am] of business on that day. will be available via webcast; visit BILLING CODE 4150–45–P If you require special http://healthit.hhs.gov for instructions accommodations due to a disability, on how to listen via telephone or Web. please contact Judy Sparrow at least Please check the ONC Web site for DEPARTMENT OF HEALTH AND seven (7) days in advance of the additional information as it becomes HUMAN SERVICES meeting. available. ONC is committed to the orderly Contact Person: Judy Sparrow, Office Office of the National Coordinator for conduct of its advisory committee of the National Coordinator, HHS, 330 C Health Information Technology; HIT meetings. Please visit our Web site at Street, SW., Washington, DC 20201, Policy Committee Advisory Meeting; http://healthit.hhs.gov for procedures 202–205–4528, Fax: 202–690–6079, e- Notice of Meeting on public conduct during advisory mail: [email protected]. Please call AGENCY: Office of the National committee meetings. the contact person for up-to-date Coordinator for Health Information Notice of this meeting is given under information on these meetings. A notice Technology, HHS. the Federal Advisory Committee Act in the Federal Register about last ACTION: Notice of meeting. (Pub. L. 92–463, 5 U.S.C., App. 2). minute modifications that affect a Dated: October 18, 2010. previously announced advisory This notice announces a forthcoming committee meeting cannot always be meeting of a public advisory committee Judith Sparrow, published quickly enough to provide of the Office of the National Coordinator Office of Programs and Coordination, Office timely notice. for Health Information Technology of the National Coordinator for Health Agenda: The workgroups will be Information Technology. (ONC). The meeting will be open to the discussing issues related to their public. [FR Doc. 2010–26916 Filed 10–22–10; 8:45 am] specific subject matter, e.g., clinical Name of Committee: HIT Policy BILLING CODE 4150–45–P operations vocabulary standards, Committee. implementation opportunities and General Function of the Committee: To provide recommendations to the DEPARTMENT OF HEALTH AND challenges, and privacy and security National Coordinator on a policy HUMAN SERVICES standards activities. If background materials are associated with the framework for the development and Office of the National Coordinator for workgroup meetings, they will be adoption of a nationwide health Health Information Technology; HIT posted on ONC’s Web site prior to the information technology infrastructure Standards Committee’s Workgroup meeting at http://healthit.hhs.gov. that permits the electronic exchange and Meetings; Notice of Meetings Procedure: Interested persons may use of health information as is present data, information, or views, consistent with the Federal Health IT AGENCY: Office of the National orally or in writing, on issues pending Strategic Plan and that includes Coordinator for Health Information before the workgroups. Written recommendations on the areas in which Technology, HHS. submissions may be made to the contact standards, implementation

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specifications, and certification criteria location, and ONC will make every CDC applies research and findings to are needed. effort to accommodate persons with improve people’s daily lives and Date and Time: The meeting will be physical disabilities or special needs. If responds to health emergencies— held on November 19, 2010, from 10 you require special accommodations something that distinguishes CDC from a.m. to 4 p.m./Eastern Time. due to a disability, please contact Judy its peer agencies. Location: The OMNI Shoreham Hotel, Sparrow at least seven (7) days in CDC is committed to achieving true 2500 Calvert Street, NW., Washington, advance of the meeting. improvements in people’s health. To do DC. For up-to-date information, go to ONC is committed to the orderly the ONC Web site, http:// this, the agency is defining specific conduct of its advisory committee health protection goals to prioritize and healthit.hhs.gov. meetings. Please visit our Web site at Contact Person: Judy Sparrow, Office focus its work and investments and http://healthit.hhs.gov for procedures measure progress. of the National Coordinator, HHS, 330 C on public conduct during advisory Street, SW., Washington, DC 20201, committee meetings. It is imperative that CDC provide 202–205–4528, Fax: 202–690–6079, Notice of this meeting is given under high-quality timely information and e-mail: [email protected]. Please the Federal Advisory Committee Act programs in the most effective ways to call the contact person for up-to-date (Pub. L. No. 92–463, 5 U.S.C., App. 2). help people, families, and communities information on this meeting. A notice in protect their health and safety. Through Dated: October 18, 2010. the Federal Register about last minute continuous consumer feedback, modifications that impact a previously Judith Sparrow, prevention research, and public health announced advisory committee meeting Office of Programs and Coordination, Office information technology, we identify and cannot always be published quickly of the National Coordinator for Health evaluate health needs and interests, Information Technology. enough to provide timely notice. translate science into actions to meet Agenda: The committee will hear [FR Doc. 2010–26920 Filed 10–22–10; 8:45 am] those needs, and engage the public in reports from its workgroups, including BILLING CODE 4150–45–P the excitement of discovery and the the Meaningful Use Workgroup, the progress being made to improve the Privacy & Security Tiger Team, the DEPARTMENT OF HEALTH AND health of the Nation. In our outreach to Information Exchange Workgroup, the HUMAN SERVICES partners, we build relationships that Enrollment Workgroup, and the model shared learning, mutual trust, Governance Workgroup. ONC intends to Centers for Disease Control and and diversity in points of view and make background material available to Prevention sectors of society. the public no later than two (2) business [30–Day–11–0798] OADC is requesting a 3-year extension days prior to the meeting. If ONC is of OMB 0920–0798, Health Marketing, unable to post the background material to provide feedback on the on its Web site prior to the meeting, it Agency Forms Undergoing Paperwork Reduction Act Review development, implementation and will be made publicly available at the satisfaction regarding public health location of the advisory committee The Centers for Disease Control and services, products, communication meeting, and the background material Prevention (CDC) publishes a list of campaigns and information. The will be posed on ONC’s Web site after information collection requests under information will be collected using the meeting, at http://healthit.hhs.gov. review by the Office of Management and standard qualitative and quantitative Procedure: Interested persons may Budget (OMB) in compliance with the methods such as interviews, focus present data, information, or views, Paperwork Reduction Act (44 U.S.C. groups, and panels, as well as orally or in writing, on issues pending Chapter 35). To request a copy of these questionnaires administered in person, before the committee. Written requests, call the CDC Reports Clearance by telephone, by mail, by e-mail, and submissions may be made to the contact Officer at (404) 639–5960 or send an e- online. More specific types of studies person on or before November 12, 2010. mail to [email protected]. Send written may include: User experience and user- Oral comments from the public will be comments to CDC Desk Officer, Office of testing; concept/product/package scheduled between approximately Management and Budget, Washington, development testing; brand positioning/ 3 p.m. to 4 p.m. Time allotted for each DC or by fax to (202) 395–5806. Written identity research; customer satisfaction presentation is limited to three minutes. comments should be received within 30 surveying; ethnography/observational If the number of speakers requesting to days of this notice. studies; and mystery shopping. The data comment is greater than can be will be used to provide input to the reasonably accommodated during the Proposed Project development, delivery and scheduled open public hearing session, Health Marketing (OMB No. 0920– communication of public health ONC will take written comments after 0798, exp. 01/31/2011)—Revision— services and information at CDC and to the meeting until close of business. Office of the Associate Director for address emerging programmatic needs. Persons attending ONC’s advisory Communication (OADC), Centers for committee meetings are advised that the Disease Control and Prevention (CDC). Every National Center and Office at agency is not responsible for providing CDC will have the opportunity to utilize access to electrical outlets. Background and Brief Description this generic clearance. There is no cost ONC welcomes the attendance of the Today, CDC is globally recognized for to the respondents other than their time. public at its advisory committee conducting research and investigations The total estimated burden hours are meetings. Seating is limited at the and for its action oriented approach. 11,250.

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

CDC Partners, Public Health Professionals, Health Care Professionals, General Public ...... 25,000 1 27/60

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Dated: October 19, 2010. Background and Brief Description campylobacter, salmonella, and Carol E. Walker, Surveillance of the incidence and shigella), foodborne outbreaks, arboviral Acting Reports Clearance Officer, Centers for distribution of disease has been an surveillance (ArboNet), Influenza virus, Disease Control and Prevention. important function of the U.S. Public including the annual survey and [FR Doc. 2010–26876 Filed 10–22–10; 8:45 am] Health Service (PHS) since 1878. influenza-like illness, Respiratory and BILLING CODE 4163–18–P Through the years, PHS/CDC has Enterovirus surveillance, rabies, formulated practical methods of disease waterborne diseases, cholera and other control through field investigations. The vibrio illnesses, Listeria, babesiosis, DEPARTMENT OF HEALTH AND CDC National Disease Surveillance brucellosis, Harmful Algal Bloom- HUMAN SERVICES Program is based on the premise that related Infectious Surveillance System diseases cannot be diagnosed, (HABISS) data entry form, and the Centers for Disease Control and prevented, or controlled until existing HABISS monthly reporting form. These Prevention knowledge is expanded and new ideas data are essential on the local, state, and developed and implemented. Over the Federal levels for measuring trends in [30–Day–11–0004] years, the mandate of CDC has diseases, evaluating the effectiveness of broadened to include preventive health current prevention strategies, and Agency Forms Undergoing Paperwork activities and the surveillance systems determining the need for modifying Reduction Act Review maintained have expanded. current prevention measures. CDC and the Council of State and This request is for revision of the The Centers for Disease Control and Territorial Epidemiologists (CSTE) currently approved data collection for Prevention (CDC) publishes a list of collect data on disease and preventable three years. The revisions include minor information collection requests under conditions in accordance with jointly changes to reporting forms already review by the Office of Management and approved plans. Changes in the approved under this OMB Control Budget (OMB) in compliance with the surveillance program and in reporting Paperwork Reduction Act (44 U.S.C. methods are effected in the same Number. In addition, new influenza Chapter 35). To request a copy of these manner. At the onset of this surveillance forms and one new rabies form have requests, call the CDC Reports Clearance program in 1968, the CSTE and CDC been added. A new parasitic disease is Officer at (404) 639–5960 or send an decided on which diseases warranted being included, babesiosis, to help track e-mail to [email protected]. Send written surveillance. These diseases are the increasing cases from transfusions. comments to CDC Desk Officer, Office of reviewed and revised based on Furthermore, a brucellosis case report Management and Budget, Washington, variations in the public’s health. form that has been revised and updated DC 20503 or by fax to (202) 395–5806. Surveillance forms are distributed to the from the 1980 form has been added to Written comments should be received State and local health departments who this OMB Control number to enhance within 30 days of this notice. voluntarily submit these reports to CDC surveillance and assist with understanding the changing Proposed Project at variable frequencies, either weekly or monthly. CDC then calculates and epidemiology of brucellosis in the National Disease Surveillance publishes weekly statistics via the United States. Because of the distinct Program II. Disease Summaries (0920– Morbidity and Mortality Weekly Report nature of each of the diseases, the 0004 Exp. 6/30/2013)—Revision— (MMWR), providing the states with number of cases reported annually is National Center for Emerging and timely aggregates of their submissions. different for each. There is no cost to Zoonotic Infectious Diseases (NCEZID) The following diseases/conditions are respondents other than their time. The (proposed), Centers for Disease Control included in this program: Diarrheal total estimated annualized burden hours and Prevention (CDC). disease surveillance (includes are 36,126.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Respondents state epidemiologists form respondents responses per response respondent (in hours)

Diarrheal Disease Surveillance: Campylobacter (electronic) ...... 53 52 3/60 Diarrheal Disease Surveillance: Salmonella (electronic) ...... 53 52 3/60 Diarrheal Disease Surveillance: Shigella (electronic) ...... 53 52 3/60 Foodborne Outbreak Form ...... 54 31.5 20/60 Arboviral Surveillance (ArboNet) ...... 57 1,421 5/60 Influenza virus (fax, Oct–May) ...... 5 33 10/60 Influenza virus (fax, year round) ...... 21 52 10/60 Influenza virus (Internet; Oct–May) ...... 3 33 10/60 Influenza virus (Internet; year round) ...... 35 52 10/60 Influenza virus (electronic, year round PHLIP) ...... 5 52 5/60 Influenza virus (electronic, year round PHIN–MS) ...... 17 52 5/60 Influenza Annual Survey ...... 86 1 15/60 Weekly Influenza-like Illness (Oct–May) ...... 540 33 15/60 Weekly Influenza-like Illness (year round) ...... 1,260 52 15/60 Daily Influenza-like Illness (Oct–May) ...... 200 33 15/60 Daily Influenza-like Illness (year round) ...... 75 52 15/60 Influenza-Associated Pediatric Death Case Report Form ...... 57 1 30/60 Novel and Pandemic Influenza A Virus Infection Case Investigation Form ...... 57 1 30/60 Novel and Pandemic Influenza A Virus Infection Contact Trace Back Form ...... 57 1 30/60 Novel and Pandemic Influenza A Virus Infection Contact Trace Forward Form ...... 57 1 30/60 Novel Human Influenza A Virus Infection Case Report Form ...... 57 1 30/60

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ESTIMATED ANNUALIZED BURDEN HOURS—Continued

Average Number of Number of burden per Respondents state epidemiologists form respondents responses per response respondent (in hours)

Daily Novel and Pandemic Influenza A Virus State Case Status Summary Update ...... 57 1 15/60 City Health Officers or Vital Statistics Registrars ...... 122 52 12/60 Aggregate Hospitalization and Death Reporting Activity Weekly Report ...... 56 52 10/60 Monthly Respiratory & Enterovirus Surveillance Report: Excel format (electronic) ...... 25 12 15/60 National Respiratory & Enteric Virus Surveillance System (NREVSS) ...... 90 52 10/60 Enhanced Animal Rabies Surveillance (electronic) ...... 52 52 3/60 Rabies (paper) ...... 3 12 15/60 Possible Human Rabies Patient Info ...... 50 1 15/60 Waterborne Diseases Outbreak Form ...... 57 1 20/60 Cholera and other Vibrio illnesses ...... 450 1 20/60 Listeria ...... 53 1 30/60 HABISS data entry form ...... 10 12 8 HABISS monthly reporting form ...... 10 12 30/60 Babesiosis Case Report Form ...... 54 12 10/60 Brucellosis ...... 56 2 20/60

Petunia Gissendaner, (NCEH/ATSDR), Centers for Disease selected women who are pregnant or Acting Reports Clearance Officer, Centers for Control and Prevention (CDC). have very young children. The three Disease Control and Prevention. environmental chemicals, Bisphenol A Background and Brief Description [FR Doc. 2010–26879 Filed 10–22–10; 8:45 am] (BPA), phthalates, and mercury have BILLING CODE 4163–18–P People’s exposure to environmental been selected for this study. They are of chemicals can be a risk to their health. particular interest to these selected Scientists at the CDC use biomonitoring, women as the risks of exposure are DEPARTMENT OF HEALTH AND which is the measurement of higher for very young children because HUMAN SERVICES environmental chemicals in human of their hand-to-mouth behaviors and tissues and fluids, to assess such direct oral (mouth) contact with Centers for Disease Control and exposure. Biomonitoring findings, materials containing these chemicals. Prevention however, do not typically provide Furthermore, young children eat and information on health risks and toxicity [30–Day–11–10EG] drink more per pound of body weight data often lag behind new than adults. biomonitoring data. The health effects Agency Forms Undergoing Paperwork Focus groups will be conducted in Reduction Act Review on humans are, therefore, often uncertain or unknown, particularly, for different parts of the country with The Centers for Disease Control and many new or ‘‘emerging’’ chemicals. selected women. During phase one, Prevention (CDC) publishes a list of Nevertheless, communicating eight exploratory focus groups will be information collection requests under biomonitoring findings for those conducted to develop messaging review by the Office of Management and charged with this task is necessary, strategies and the results will be used in Budget (OMB) in compliance with the especially due to the growing media the development of preliminary Paperwork Reduction Act (44 U.S.C. coverage and public concern about messages about the emerging chemicals. Chapter 35). To request a copy of these chemicals found in the human body. The second phase will include six requests, call the CDC Reports Clearance The demand for answers and decreasing message testing focus groups to Officer at (404) 639–5960 or send an e- patience with uncertainty characterizes determine which messages are most mail to [email protected]. Send written the interpretation of such results. This attractive and compelling in terms of comments to CDC Desk Officer, Office of poses enormous challenges to those communicating health risk information Management and Budget, Washington, tasked to communicate such findings to about emerging chemicals. DC or by fax to (202) 395–5806. Written both scientific and non-scientific Participants will be recruited via comments should be received within 30 audiences without a biomonitoring standard focus group recruitment days of this notice. background. methods. Most will come from an The CDC is, therefore, interested in existing database (or list) of potential Proposed Project developing a framework for participants maintained by the focus Audience Analysis for communicating health risk messages, group facility. There is no cost to Biomonitoring—New—National Center particularly about emerging respondents other than their time. The for Environmental Health/Agency for environmental chemicals, to the total estimated annual burden hours are Toxic Substances and Disease Registry attentive public audience such as 273.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Type of Number of Responses burden per respondent Form name respondents per response respondent (in hours)

Selected women for screening ...... Recruitment Screener ...... 252 1 5/60

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ESTIMATED ANNUALIZED BURDEN HOURS—Continued

Average Type of Number of Responses burden per respondent Form name respondents per response respondent (in hours)

Selected women for exploratory focus groups Exploratory Focus Group Guide ...... 72 1 2 Selected women for message testing focus Message Testing Focus Group Guide ...... 54 1 2 groups.

Dated: October 19, 2010. 400B, Rockville, MD 20850, 301–796– and distribution of tobacco products to Carol E. Walker, 3794, protect the public health generally and Acting Reports Clearance Officer, Centers for [email protected]. to reduce tobacco use by minors. Disease Control and Prevention. SUPPLEMENTARY INFORMATION: Under the Section 917 of the Tobacco Control [FR Doc. 2010–26878 Filed 10–22–10; 8:45 am] PRA (44 U.S.C. 3501–3520), Federal Act required the Secretary of Health and BILLING CODE 4163–18–P agencies must obtain approval from the Human Services (the Secretary) to Office of Management and Budget establish a Tobacco Products Scientific (OMB) for each collection of Advisory Committee (TPSAC). Section DEPARTMENT OF HEALTH AND information they conduct or sponsor. 907(f) of the Tobacco Control Act HUMAN SERVICES ‘‘Collection of Information’’ is defined in requires the TPSAC to submit a report 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) Food and Drug Administration and recommendations to the Secretary and includes Agency requests or on the impact of the use of dissolvable [Docket No. FDA–2010–N–0542] requirements that members of the public tobacco products on the public health, submit reports, keep records, or provide including such use among children. To Agency Information Collection information to a third party. Section ensure a comprehensive review of this Activities; Proposed Collection; 3506(c)(2)(A) of the PRA (44 U.S.C. issue, FDA is requesting tobacco Comment Request; Information 3506(c)(2)(A)) requires Federal agencies industry documents and information to Request Regarding Dissolvable to provide a 60-day notice in the support the work of TPSAC. Under Tobacco Products Federal Register concerning each section 907(f), TPSAC must submit its AGENCY: Food and Drug Administration, proposed collection of information report and recommendations to the HHS. before submitting the collection to OMB Secretary within 2 years of its for approval. To comply with this ACTION: Notice. formation, or March 23, 2012. requirement, FDA is publishing notice of the proposed collection of In order to provide TPSAC with the SUMMARY: The Food and Drug information it needs to carry out its Administration (FDA) is announcing an information set forth in this document. With respect to the following statutory obligation, FDA is requesting opportunity for public comment on the that tobacco companies submit proposed collection of certain collection of information, FDA invites comments on these topics: (1) Whether information under section 904(b) of the information by the Agency. Under the Tobacco Control Act pertaining to Paperwork Reduction Act of 1995 (the the proposed collection of information is necessary for the proper performance documents and underlying scientific PRA), Federal agencies are required to and financial information relating to publish notice in the Federal Register of FDA’s functions, including whether the information will have practical research, and research findings, concerning each proposed collection of conducted, supported, or possessed by information and to allow 60 days for utility; (2) the accuracy of FDA’s the manufacturer (or agents thereof) on public comment in response to the estimate of the burden of the proposed a specified set of topics. For the notice. This notice solicits comments on collection of information, including the purposes of this request, ‘‘research’’ may an information request regarding the use validity of the methodology and include, but is not limited to, focus of dissolvable tobacco products. assumptions used; (3) ways to enhance the quality, utility, and clarity of the groups, surveys, experimental clinical DATES: Submit either electronic or information to be collected; and (4) studies, post-marketing surveillance, written comments on the collection of ways to minimize the burden of the toxicological and biochemical assays, information by December 27, 2010. collection of information on taste panels, and assessments of the ADDRESSES: Submit electronic respondents, including through the use effectiveness of product marketing comments on the collection of of automated collection techniques, practices. Topics for which information information to http:// when appropriate, and other forms of relating to dissolvable tobacco products www.regulations.gov. Submit written information technology. is requested are marketing research; comments on the collection of marketing practices; effectiveness of information to the Division of Dockets Information Request Regarding marketing practices; and health, Management (HFA–305), Food and Drug Dissolvable Tobacco Products toxicological, behavioral, and Administration, 5630 Fishers Lane, rm. On June 22, 2009, the President physiological effects. FDA’s request for 1061, Rockville, MD 20852. All signed the Family Smoking Prevention documents related to dissolvable comments should be identified with the and Tobacco Control Act (Tobacco tobacco products includes, but is not docket number found in brackets in the Control Act) (Pub. L. 111–31) into law. limited to products for research, heading of this document. The Tobacco Control Act amended the investigational use, developmental FOR FURTHER INFORMATION CONTACT: Federal Food, Drug, and Cosmetic Act studies, test marketing, and/or Jonna Capezzuto, Office of Information (FD&C Act) by adding a new chapter commercial marketing, and also to the Management, Food and Drug granting FDA important new authority components, parts, or accessories of Administration, 1350 Piccard Dr. PI50– to regulate the manufacture, marketing, such products.

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FDA estimates the burden for this collection of information as follows:

TABLE 1—ESTIMATE OF ONE-TIME REPORTING BURDEN1

Total Number of Annual average Hours per re- Activity respondents frequency annual sponse Total hours per response responses

Providing negative response to request for dissolvable tobacco product documents ...... 110 1 110 0 .50 55 Submission of dissolvable tobacco products ...... 10 1 10 230 2,300

Total ...... 120 ...... 120 ...... 2,355 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

These burden estimates were derived FDA estimates that there are (OMB) for review and clearance under by taking into consideration FDA’s approximately 10 tobacco product the Paperwork Reduction Act of 1995. experience with document production, manufacturers who may have DATES: Fax written comments on the experience with submissions pertaining documents meeting the criteria of this collection of information by November to other tobacco product-related information collection request. Because 24, 2010. information collections, and comments the volume of responsive documents ADDRESSES: To ensure that comments on received in response to other tobacco each of these respondents may have will the information collection are received, product-related information collections. likely vary, the corresponding time OMB recommends that written FDA is limiting the burden on burden for each respondent to satisfy comments be faxed to the Office of respondents by only requesting this information collection request will Information and Regulatory Affairs, documents on specific topics that will also vary. Therefore, FDA estimates that OMB, Attn: FDA Desk Officer, FAX: have utility for FDA. FDA is requesting these 10 respondents will average 202–395–7285, or emailed to the final version of documents or the approximately 230 hours each to satisfy [email protected]. All most recent draft in the absence of a the requirements of this section 904(b) comments should be identified with the final document. Also, publically request. The total one-time hourly OMB control number 0910–0609. Also available published abstracts, editorials, burden to locate and send documents include the FDA docket number found letters, and manuscripts are not being meeting the requirements of this request in brackets in the heading of this requested, although FDA would is estimated to be 2,300 hours (230 document. appreciate a list of such publications. hours × 10 manufacturers). The total one-time hourly burden for this FOR FURTHER INFORMATION CONTACT: Information responsive to this section Denver Presley Jr., Office of Information 904(b) information request that has been collection of information is 2,355 hours (55 hours + 2,300 hours). Management, Food and Drug previously provided to FDA under the Administration, 1350 Piccard Dr., PI50– FD&C Act or other letter requests does Dated: October 19, 2010. 400B, Rockville, MD 20850, 301–796– not have to be resubmitted as long as the Leslie Kux, 3793. document is fully referenced. FDA Acting Assistant Commissioner for Policy. SUPPLEMENTARY INFORMATION: In believes that the number of documents [FR Doc. 2010–26830 Filed 10–22–10; 8:45 am] being requested in this information compliance with 44 U.S.C. 3507, FDA BILLING CODE 4160–01–P collection will be limited due to the has submitted the following proposed estimated small number of respondents collection of information to OMB for review and clearance. and the relatively shorter amount of DEPARTMENT OF HEALTH AND time these tobacco products have been HUMAN SERVICES Guide To Minimize Microbial Food in existence compared to other tobacco Safety Hazards of Fresh-Cut Fruits and products. Food and Drug Administration Vegetables—(OMB Control Number FDA estimates that there are 0910–0609)—Extension approximately 120 tobacco product [Docket No. FDA–2010–N–0411] Fresh-cut fruits and vegetables are manufacturers who may be affected by Agency Information Collection fruits and vegetables that have been this collection of information. Of the Activities; Submission for Office of processed by peeling, slicing, chopping, total number of manufacturers, FDA Management and Budget Review; shredding, coring, trimming, or estimates that most manufacturers (110) Comment Request; Guide To Minimize mashing, with or without washing or will not have documents which will be Microbial Food Safety Hazards of other treatment, prior to being packaged responsive to this section 904(b) request Fresh-Cut Fruits and Vegetables for consumption. The methods by and that they will only need to send a which produce is grown, harvested, and letter notifying the FDA’s Center for AGENCY: Food and Drug Administration, processed may contribute to its Tobacco Products that they have no HHS. contamination with pathogens and, documents to report. FDA anticipates it ACTION: Notice. consequently, the role of the produce in should take no longer than 30 minutes transmitting foodborne illness. Factors to draft such a response and send to SUMMARY: The Food and Drug such as the high degree of handling and FDA. The total one-time hourly burden Administration (FDA) is announcing mixing of the product, the release of to submit this letter to FDA is estimated that a proposed collection of cellular fluids during cutting or to be 55 hours (30 minutes × 110 information has been submitted to the mashing, the high moisture content of manufacturers). Office of Management and Budget the product, the absence of a step lethal

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to pathogens, and the potential for guidance and to tailor practices to their FDA, other Federal and State food temperature abuse in the processing, individual operations. agencies, industry, and food storage, transport, and retail display all The guidance provides information establishments have found such enhance the potential for pathogens to and recommended procedures designed preventive control programs, when survive and grow in fresh-cut produce. to help fresh-cut produce processors properly designed and maintained by The Federal Food, Drug, and Cosmetic minimize microbial food safety hazards. the establishment’s personnel, to be Act (FD&C Act) prohibits the The recommended procedures valuable in managing the safety of food distribution of adulterated food in contained in the guidance are voluntary. products. interstate commerce (21 U.S.C. 331 and Both FDA and fresh-cut produce FDA’s fresh-cut guidance represents 342). In response to the increased processors will use and benefit from the the agency’s recommendations to consumption of fresh-cut fruits and information collected. industry based on the current state of Two general recommendations in the vegetables and the potential for science. Following the guidance are for operators to develop foodborne illness associated with these recommendations set forth in the fresh- and implement both a written Standard products, FDA recognizes the need for cut guidance is the choice of each Operating Procedures (SOPs) plan and a guidance specific to the processing of individual fresh-cut operation, plant, or fresh-cut fruits and vegetables. The Sanitary Standard Operation Procedures processor. FDA estimates the burden of guidance document entitled ‘‘Guide to (SSOPs) plan. SOPs and SSOPs are the guidance on industry by assuming Minimize Microbial Food Safety important components to properly that those in the fresh-cut industry who Hazards of Fresh-cut Fruits and implemented and monitored cGMPs do not currently follow the Vegetables,’’ which is available at: that are required for processed food recommendations put forth in the http://www.fda.gov/FoodGuidances, operations under part 110. Other guidance will find it of value to do so. provides FDA’s recommendations to recommended programs that require Therefore, the estimates of the burden fresh-cut produce processors about how documentation and recordkeeping are associated with the issuance of the to avoid contamination of their product recall and traceback programs. In the guidance represent the upper bound with pathogens. The guidance is in event of a food safety concern, estimate of burden; the burden if every addition to the current good processors who adopt these fresh-cut plant, processor, or operation manufacturing practices (cGMPs) recommended programs will be that does not follow the provided in part 110 of FDA’s prepared to recall products from the recommendations of the guidance regulations (21 CFR part 110). The market place or be able to trace back should choose to do so. guidance is intended to assist fresh-cut fresh produce, which might be produce processors in minimizing implicated in a foodborne illness In the Federal Register of August 11, microbial food safety hazards common outbreak, to its source. Fresh-cut 2010 (75 FR 48692), FDA published a to the processing of most fresh-cut fruits produce processors are also asked to 60-day notice requesting public and vegetables sold to consumers and consider the application of Hazards comment on the proposed collection of retail establishments in a ready-to-eat Analysis and Critical Control Point information. No comments were form. Accordingly, FDA encourages (HACCP) principles or comparable received . fresh-cut produce processors to adopt preventive control programs to the FDA estimates the burden of this the general recommendations in the processing of fruits and vegetables. collection of information as follows:

TABLE 1—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1

Annual fre- Activity No. of record- quency per Total annual Hours per Total hours keepers recordkeeping records record

SOP and SSOP: Maintenance ...... 122 3,315 404,430 0.067 27,097 Traceback development ...... 10 1 10 20 200 Traceback maintenance ...... 290 1 290 40 11,600 Preventive control program comparable to a HACCP sys- tem: System development ...... 10 1 10 100 1,000 Preventive control program comparable to a HACCP sys- tem: System implementation ...... 145 510 73,950 0.067 4,955 Preventive control program comparable to a HACCP sys- tem: Implementation review ...... 145 4 580 4 2,320

Annual burden hours ...... 47,172 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Industry Profile to calculate the total estimated upper automatically monitor and record food Estimates of the paperwork burden to bound burdens (see table 1 of this safety controls), and the type of controls the fresh-cut industry are based on document). monitored under any individual information received from a fresh-cut The burden to industry of developing preventive control program, such as processor who has developed and and maintaining the activities critical control points (CCPs) monitored maintained these programs and recommended in FDA’s fresh-cut under a HACCP program. information from a fresh-cut produce guidance will vary considerably among In 2007, FDA estimated that there industry trade association. Because of fresh-cut processors, depending on the were 250 fresh-cut plants in operation the small number of fresh-cut type and number of products involved, in the United States, and that processors, the agency is able to the sophistication of the equipment or approximately 10 new firms enter the extrapolate data from industry programs instruments (e.g., those that fresh-cut industry each year (72 FR

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11364, at 11366, March 13, 2007). Using calibration, e.g., checking pH meters; Recall and Traceback these figures, we estimate that in 2010 facility and premises pest control We recommend that fresh-cut there are 280 fresh-cut plants in audits; temperature controls during processors establish and maintain operation and that approximately 10 processing and in storage areas; and written traceback procedures to respond new firms will enter the fresh-cut audits of ingredients, food contact to food safety hazard problems when industry each year, over the next 3 surfaces, and equipment for they arise and establish and maintain a years. Many of the existing firms in the microbiological contamination. Of the written contingency plan for use in fresh-cut industry already make use of 280 fresh-cut processors, we estimate initiating and effecting a recall. In order cGMP-related, recall, HACCP, and other that well over half have SOP and SSOP to facilitate tracebacks and recalls, we activities. FDA estimates that the maintenance programs in place. recommend that processors establish a burden of the fresh-cut guidance will Therefore, for purposes of estimating the program that documents and tracks fall on both existing and new firms annual recordkeeping burden for SOP fresh-cut products back to the source of entering the industry who may follow and SSOP maintenance programs, the their raw ingredients, and keep records the recommendations in the guidance. agency assumed that 40 percent of the of product identity and specifications, SOPs and SSOPs existing processors, or 112 firms, and the product in inventory, and where, Two general recommendations in the the 10 new firms do not have SOP and when, to whom, and how much of the guidance are for operators to develop SSOP maintenance programs in place. product is shipped. and implement both a written SOPs FDA estimates the recordkeeping Traceback programs are used for those plan and a written SSOPs plan. SOPs burden for SOP and SSOP maintenance times when a food safety problem has describe in writing the performance of programs by assuming that these 122 been identified or a product has been the day-to-day operations of a firms will choose to implement such a implicated in a foodborne illness processing plant. Examples of activities maintenance strategy as a result of the outbreak. The burden to develop a that would fall under SOPs would be recommendations in the fresh-cut traceback program is a one-time activity developing written specifications for guidance document. estimated to take approximately 20 hours. In 2007, we previously estimated agricultural inputs, ingredients, and A typical fresh-cut processing plant packaging materials; production steps that firms in the industry would choose operates about 255 days per year. For an for the processing and packaging to begin a traceback program after the 8-hour shift, assuming the ingredients operations; instructions for packaging guidance was made available and are received twice during that time, and storage activities; and procedures estimated that the 250 existing fresh-cut for equipment maintenance, calibration, under the recommendations in the firms and the 10 new businesses and replacement and facility guidance, there would be about 13 expected to enter the industry annually maintenance and upkeep; and records kept (2 for inspecting incoming from 2007 to 2010 would spend 5,200 × maintaining SOP records on product ingredients; 2 for inspecting the facility hours (250 20) on this activity. processing and distribution activities. and production areas once every 4 Accordingly, we only need to estimate SSOPs provide written instructions or hours; 3 records for equipment the burden of this one-time activity on procedures for sanitary practices (maintenance, sanitation, and visual the 10 new businesses expected to enter developed for each specific sanitation inspections for defects); 1 for calibrating the industry annually in the next 3 activity in and around the facility. equipment; 2 temperature recording years. We estimate that the 10 new firms Sanitation activities include procedures audits (1 time for each of the 2 will spend 20 hours each preparing a for cleaning equipment, food-contact processing runs); and 3 microbiological traceback program, for a total of 200 surfaces, and plant facilities; chemical audits (ingredients, food contact hours (10 × 20). The burden estimate of use and storage; cleaning equipment surfaces, and equipment)). Therefore, developing a traceback program is maintenance, use, and storage; pest the annual frequency of recordkeeping shown in row 2 of table 1 of this control; and maintaining SSOP records for SOPs and SSOPs is calculated to be document. for the activities. From communication 3,315 times (255 × 13) per year per firm; Traceback program adjustments or with the fresh-cut industry, we know 122 firms will be performing these revisions may, or may not, be needed that existing fresh-cut processors activities to generate a total 404,430 annually. Firms may test their traceback already have developed SOPs and records (3,315 × 122) annually, programs yearly to see if adjustments SSOPs. We therefore consider the assuming all firms choose to follow the are needed to maintain traceback development of SOPs and SSOPs to be recommendations on keeping records. capabilities. Evaluating and updating ‘‘usual and customary’’ for traceback programs is estimated to take manufacturers and processors in the The total time to record observations 40 hours to complete. The annual fresh-cut industry (see 5 CFR for SOP and SSOP maintenance is burden of maintaining a traceback 1320.3(b)(2)). Thus, we do not calculate estimated to take 4 minutes or 0.067 program is estimated for the 280 this burden for existing firms or new hours per record, and the number of existing firms in the industry plus the firms entering this industry. records maintained is 404,430. 10 firms new to the industry that may FDA recommends that facilities not Therefore, the total annual burden in decide to implement this type of only develop but also maintain SOPs hours for 122 processors to maintain program. Assuming that each firm and SSOPs. Implementation and their SOP and SSOP records is completes this exercise once a year, the maintenance of SOPs and SSOPs approximately 27,097 hours (404,430 × total maintenance burden of traceback include maintaining daily records for 0.067). The maintenance burden for programs is 11,600 hours yearly (290 × each of the firm’s operational days for these 122 firms, along with the annual 40). This burden estimate is shown in the following activities: Inspection of maintenance burden of audits or testing, row 3 of table 1 of this document. incoming ingredients, such as the fresh is estimated in row 1 of table 1 of this The fresh-cut guidance refers to produce and packaging material; facility document. Again, these figures assume previously approved collections of and production sanitation inspections; that all firms choose to follow the information found in FDA regulations. equipment maintenance, sanitation, and recommendations on recording The recommendations in this document visual safety inspections; equipment observations. regarding establishing and maintaining

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a recall plan, as provided in 21 CFR 100). This burden estimate is shown in Amount of Award: $200,000 per 7.59, have been approved under OMB row 4 of table 1 of this document. award. control number 0910–0249. Therefore, After the HACCP plan is developed, Project Period: 9/30/2010–9/29/2012. FDA is not calculating a new paperwork the frequency for recordkeeping for SUMMARY: This notice announces that burden for recall plans. implementing or maintaining daily the Administration for Children and records is estimated to be 510 records Families (ACF), Administration on Preventative Control Program per year. (This is based on a firm Developmental Disabilities (ADD) has When properly designed and choosing to maintain daily records for 2 awarded three single-source expansion maintained by the establishment’s CCPs for one 8-hour shift per day for supplements for data collection, personnel, a preventive control program each of the estimated 255 operational analyses, and reporting. is a valuable program for managing the days per year.) The total time to record The following projects will be funded: safety of food products. A common observations for the CCPs was estimated The University of Colorado Health preventive control program used by the to take 4 minutes or 0.067 hours per Sciences Center, Aurora, CO. This fresh-cut industry is a HACCP system. A record. Therefore, the total annual cooperative agreement will allow for HACCP system allows managers to records kept by 145 firms (the 135 firms data collection, analysis and reporting assess the inherent risks and identify plus the 10 new businesses expected to on spending and services for hazards attributable to a product or a enter the industry) is 73,950 (510 × 145), individuals with intellectual and process, and then determine the and the total hours required are 4,955 developmental disabilities, including necessary steps to control the hazards. (73,950 records × 0.067 hours per record disaggregation of data related to specific Monitoring and verification steps, = 4,954.65, rounded to 4,955). This demographic groups. The project will which include recordkeeping, are annual burden is shown in row 5 of analyze and report on trends in included in the HACCP system to table 1 of this document. utilization of and spending for ensure that potential risks are After the HACCP plan has been institutional services and home and controlled. We use HACCP as an developed and implemented, we community-based services. Project staff example of a preventive control program recommend that the plan is reviewed will also participate in collaborative that a firm may choose based on the regularly to ensure that it is working efforts with ADD and other data recommendations in the guidance to properly. Fresh-cut processors are collection projects to review and report estimate the burden of developing, estimated to review their HACCP plans on unmet needs in data collection, implementing, and reviewing a four times per year (once per quarter). analyses, and reporting activities that preventive control program. Assuming that it takes each of the 145 would promote the self-determination, FDA estimated the paperwork burden firms 4 hours per review each quarter, independence, productivity, and of developing and implementing a the total burden of this activity, for integration and inclusion of people with HACCP plan based on a plan with two firms that choose to review their plans intellectual and developmental CCPs. The number of CCPs may vary annually, is 2,320 (145 × 4 × 4) hours disabilities in all facets of community life. depending on how the processor per year. This annual burden is shown The University of Massachusetts chooses to identify the CCPs for a in row 6 of table 1 of this document. particular operation. Developing a (Institute for Community Inclusion), HACCP plan is a one-time activity that Dated: October 18, 2010. Boston, MA. This cooperative agreement is estimated to take 100 hours based on Leslie Kux, will provide for data collection and a trained HACCP team working on the Acting Assistant Commissioner for Policy. analyses related to the effectiveness of plan full time. The HACCP team [FR Doc. 2010–26829 Filed 10–22–10; 8:45 am] State agencies in promoting community identifies the CCPs and measures BILLING CODE 4160–01–P integrated employment for individuals needed to control them, and then with intellectual and developmental identifies the approach needed to verify disabilities. The project will collect the effectiveness of the controls. During DEPARTMENT OF HEALTH AND data, analyze, and report on the this plan development period, the firm HUMAN SERVICES employment and economic status of chooses the records to be kept and individuals with intellectual and information and observations to be Administration for Children and developmental disabilities including recorded. This is a one-time process Families disaggregation of data related to specific during the first year. demographic groups. The project will In 2007, we previously estimated that, Award of Three Single-Source also make recommendations related to of the estimated 250 fresh-cut Expansion Supplements to The the standardization of data and processors, approximately 50 percent of University of Colorado Health Sciences reporting of employment outcomes. the firms already have HACCP plans in Center in Aurora, CO, The University of Project staff will also participate in place. We therefore assumed that the Massachusetts (Institute for collaborative efforts with ADD and other remaining fresh-cut processors (125 Community Inclusion) in Boston, MA, data collection projects to review and existing firms plus the 10 new firms), and The University of Minnesota (The report on unmet needs in data would voluntarily develop a HACCP Research and Training Center) in collection, analyses, and reporting plan, and estimated that 135 processors Minneapolis, MN activities that would promote the self- × would spend 13,500 hours (135 100) AGENCY: Administration on determination, independence, to develop their individual HACCP Developmental Disabilities, ACF, HHS. productivity, and integration and plans. Accordingly, we only need to ACTION: Notice. inclusion of people with intellectual estimate the burden of this one-time and developmental disabilities in all activity on the 10 new businesses CFDA Number: 93.631. facets of community life. expected to enter the industry annually Statutory Authority: This award will The University of Minnesota (The in the next 3 years. We estimate that the be made pursuant to Section 161 of the Research and Training Center), 10 new firms will spend 100 hours each Developmental Disabilities Assistance Minneapolis, MN. This cooperative to develop their individual HACCP and Bill of Rights Act of 2000 (42 U.S.C. agreement will provide for data plans, for a total of 1,000 hours (10 × 15081–15083). collection, analyses, and reporting of

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national and State statistics on public and (e) make recommendations on how availability of a draft guidance for and private residential services for to expand partnerships between public industry entitled ‘‘Qualification Process individuals with intellectual and entities and private entities to expand for Drug Development Tools.’’ This draft developmental disabilities, including collaborative, cross-cutting research. guidance describes the qualification disaggregation of data related to specific Membership on the committee will process for drug development tools demographic groups. The project will include six (6) non-Federal members (DDTs) intended for potential use, over conduct analyses that describe the from among scientists, physicians, and time, in multiple drug development movement of individuals with other health professionals and six (6) programs. The draft guidance provides a intellectual and developmental non-Federal members of the general framework for interactions between the disabilities from institutional to public who are representatives of Center for Drug Evaluation and Research community settings. Project staff will leading research, advocacy, and service (CDER) and DDT sponsors to support also participate in collaborative efforts organizations for individuals with pain- work towards qualification of an with ADD and other data collection related conditions. Members will serve identified DDT and creates a mechanism projects to review and report on unmet overlapping three year terms. It is for formal review of data by CDER to needs in data collection, analyses, and anticipated that the committee will meet qualify the DDT and ensure that the reporting activities that would promote at least once a year. evaluation is comprehensive and the self-determination, independence, The Department strives to ensure that reliable. the membership of HHS Federal productivity, and integration and DATES: Although you can comment on advisory committees is fairly balanced inclusion of people with intellectual any guidance at any time (see 21 CFR in terms of points of view represented and developmental disabilities in all 10.115(g)(5)), to ensure that the Agency and the committee’s function. Every facets of community life. considers your comment on this draft Contact for Further Information: effort is made to ensure that the views guidance before it begins work on the Ophelia McLain, Supervisory Program of women, all ethnic and racial groups, final version of the guidance, submit Specialist, Administration on and people with disabilities are either electronic or written comments Developmental Disabilities, 370 represented on HHS Federal advisory on the draft guidance by January 24, L’Enfant Promenade, SW., Mail Stop: committees and, therefore, the 2011. HHH–405D, Washington, DC 20447. Department encourages nominations of Telephone: 202–690–7025 E-mail: qualified candidates from these groups. ADDRESSES: Submit written requests for [email protected]. The Department also encourages single copies of the draft guidance to the Division of Drug Information, Center for Dated: October 14, 2010. geographic diversity in the composition of the Committee. Appointment to this Drug Evaluation and Research, Food Sharon Lewis, Committee shall be made without and Drug Administration, 10903 New Commissioner, Administration on discrimination on the basis of age, race, Hampshire Ave., Bldg. 51, rm. 2201, Developmental Disabilities. ethnicity, gender, sexual orientation, Silver Spring, MD 20993–0002. Send [FR Doc. 2010–26933 Filed 10–22–10; 8:45 am] disability, and cultural, religious, or one self-addressed adhesive label to BILLING CODE P socioeconomic status. assist that office in processing your Nominations are due by COB requests. See the SUPPLEMENTARY November 26, 2010, and should be sent INFORMATION section for electronic DEPARTMENT OF HEALTH AND to Amy Adams, PhD, NIDCR/NIH, 31 access to the draft guidance document. HUMAN SERVICES Center Drive, Room 5B55, MSC–2190, Submit electronic comments on the draft guidance to http:// National Institutes of Health Bethesda MD 20892–2190, [email protected] by either www.regulations.gov. Submit written comments to the Division of Dockets National Institute of Dental and USPS mail or e-mail. Nominations Management (HFA–305), Food and Drug Craniofacial Research; Interagency should include contact information and Administration, 5630 Fishers Lane, rm. Pain Research Coordinating a current curriculum vitae or resume. 1061, Rockville, MD 20852. Committee; Call for Nominations Dated: October 18, 2010. FOR FURTHER INFORMATION CONTACT: The Department of Health and Human Amy Adams, Shaniece Gathers, Center for Drug Services has created the Interagency National Institute of Dental and Craniofacial Evaluation and Research, Food and Pain Research Coordinating Committee Research, National Institutes of Health. Drug Administration, 10903 New and is seeking nominations for this [FR Doc. 2010–26937 Filed 10–22–10; 8:45 am] Hampshire Ave., Bldg. 21, rm. 4555, committee. As specified in Public Law BILLING CODE 4140–01–P Silver Spring, MD 20993–0002, 301– 111–148 (‘‘Patient Protection and 796–2600. Affordable Care Act’’) the Committee SUPPLEMENTARY INFORMATION: will: (a) Develop a summary of advances DEPARTMENT OF HEALTH AND in pain care research supported or HUMAN SERVICES I. Background conducted by the Federal agencies FDA is announcing the availability of Food and Drug Administration relevant to the diagnosis, prevention, a draft guidance for industry entitled and treatment of pain and diseases and [Docket No. FDA–2010–D–0529] ‘‘Qualification Process for Drug disorders associated with pain; (b) Development Tools.’’ In March 2006, identify critical gaps in basic and Draft Guidance for Industry on FDA issued the ‘‘Critical Path clinical research on the symptoms and Qualification Process for Drug Opportunities Report’’ and the ‘‘Critical causes of pain; (c) make Development Tools; Availability Path Opportunities List.’’ In these recommendations to ensure that the AGENCY: Food and Drug Administration, reports, FDA described six key areas activities of the National Institutes of HHS. along the critical path to improved Health and other Federal agencies are ACTION: Notice. therapies, and a list of specific free of unnecessary duplication of effort; opportunities for advancement within (d) make recommendations on how best SUMMARY: The Food and Drug these topic areas. The opportunities to disseminate information on pain care; Administration (FDA) is announcing the report noted that a new product

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development toolkit containing new IV. Electronic Access Dated: October 19, 2010. scientific and technical methods was Jennifer S. Spaeth, Persons with access to the Internet needed to improve the efficiency of drug Director, Office of Federal Advisory may obtain the document at either development. Too often, attention to a Committee Policy. needed DDT is delayed until the time http://www.fda.gov/Drugs/Guidance ComplianceRegulatoryInformation/ [FR Doc. 2010–26874 Filed 10–22–10; 8:45 am] when the registration study protocols BILLING CODE 4140–01–P are under development and the Guidances/default.htm or http:// available DDTs are inadequate. www.regulations.gov. Innovative and improved DDTs are Dated: October 19, 2010. DEPARTMENT OF HEALTH AND among the methods that can help Leslie Kux, HUMAN SERVICES streamline the drug development Acting Assistant Commissioner for Policy. process, improve the chances for [FR Doc. 2010–26927 Filed 10–22–10; 8:45 am] National Institutes of Health clinical trial success, and yield more BILLING CODE 4160–01–P information about the treatment and/or Eunice Kennedy Shriver National disease. DDTs include, but are not Institute of Child Health & Human Development; Notice of Closed limited to biomarkers and patient DEPARTMENT OF HEALTH AND Meeting reported outcome instruments. This HUMAN SERVICES draft guidance describes a formal process that CDER will use in working National Institutes of Health Pursuant to section 10(d) of the with sponsors of these tools to guide Federal Advisory Committee Act, as them as they refine the tools and Eunice Kennedy Shriver National amended (5 U.S.C. App.), notice is rigorously evaluate them for use in the Institute of Child Health & Human hereby given of the following meeting. regulatory process. Development; Notice of Closed The meeting will be closed to the This draft guidance is being issued Meeting public in accordance with the consistent with FDA’s good guidance provisions set forth in sections practices regulation (21 CFR 10.115). Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., The draft guidance, when finalized, will Federal Advisory Committee Act, as as amended. The grant applications and represent the Agency’s current thinking amended (5 U.S.C. App.), notice is the discussions could disclose on the qualification process for DDTs . hereby given of the following meeting. confidential trade secrets or commercial It does not create or confer any rights for The meeting will be closed to the property such as patentable material, or on any person and does not operate public in accordance with the and personal information concerning to bind FDA or the public. An provisions set forth in sections individuals associated with the grant alternative approach may be used if 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications, the disclosure of which such approach satisfies the as amended. The grant applications and would constitute a clearly unwarranted requirements of the applicable statutes the discussions could disclose invasion of personal privacy. confidential trade secrets or commercial and regulations. Name of Committee: National Institute of property such as patentable material, Child Health and Human Development II. The Paperwork Reduction Act of and personal information concerning 1995 Special Emphasis Panel; Cornelia de Lange individuals associated with the grant Syndrome. This draft guidance refers to applications, the disclosure of which Date: November 15, 2010. previously approved collections of would constitute a clearly unwarranted Time: 2 p.m. to 5 p.m. information found in FDA regulations. invasion of personal privacy. Agenda: To review and evaluate grant These collections of information are Name of Committee: National Institute of applications. subject to review by the Office of Child Health and Human Development Place: National Institutes of Health, 6100 Management and Budget (OMB) under Special Emphasis Panel; Kochanek T32. Executive Boulevard, Rockville, MD 20852 the Paperwork Reduction Act of 1995 Date: November 16, 2010. (Telephone Conference Call). (44 U.S.C. 3501–3520). The collections Time: 1:30 p.m. to 2:30 p.m. Contact Person: Neelakanta Ravindranath, of information in 21 CFR 312.30, 21 CFR Agenda: To review and evaluate grant PhD, Scientific Review Officer, Division of 314.50(d)(5), and 21 CFR 314.126(b)(6) applications. Scientific Review, Eunice Kennedy Shriver have been approved under OMB control Place: National Institutes of Health, 6100 National Institute of Child Health and numbers 0910–0001 and 0910–0014. Executive Boulevard, Rockville, MD 20852 Human Development, NIH, 6100 Executive (Telephone Conference Call). Blvd., Room 5B01G, Bethesda, MD 20892, III. Comments Contact Person: Peter Zelazowski, PhD, 301–435–6889, [email protected]. Scientific Review Officer, Division of (Catalogue of Federal Domestic Assistance Interested persons may submit to the Scientific Review, Eunice Kennedy Shriver Program Nos. 93.864, Population Research; Division of Dockets Management (see National Institute of Child, Health and 93.865, Research for Mothers and Children; ADDRESSES) either electronic or written Human Development, NIH, 6100 Executive 93.929, Center for Medical Rehabilitation comments regarding this document. It is Boulevard, Room 5B01, Bethesda, MD Research; 93.209, Contraception and only necessary to send one set of 20892–7510, 301–435–6902, Infertility Loan Repayment Program, National comments. It is no longer necessary to [email protected]. Institutes of Health, HHS) send two copies of mailed comments. (Catalogue of Federal Domestic Assistance Dated: October 19, 2010. Identify comments with the docket Program Nos. 93.864, Population Research; Jennifer S. Spaeth, number found in brackets in the 93.865, Research for Mothers and Children; heading of this document. Received 93.929, Center for Medical Rehabilitation Director, Office of Federal Advisory comments may be seen in the Division Research; 93.209, Contraception and Committee Policy. of Dockets Management between 9 a.m. Infertility Loan Repayment Program, National [FR Doc. 2010–26875 Filed 10–22–10; 8:45 am] and 4 p.m., Monday through Friday. Institutes of Health, HHS) BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND The meeting will be closed to the technical issues, as well as emerging HUMAN SERVICES public in accordance with the issues within the scientific community provisions set forth in sections in industry and academia. Additionally, National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the Science Board provides advice to as amended. The grant applications and the agency on keeping pace with Center for Scientific Review; Notice of the discussions could disclose technical and scientific evolutions in Closed Meeting confidential trade secrets or commercial the fields of regulatory science, on Pursuant to section 10(d) of the property such as patentable materials, formulating an appropriate research Federal Advisory Committee Act, as and personal information concerning agenda, and on upgrading its scientific amended (5 U.S.C. App.), notice is individuals associated with the grant and research facilities to keep pace with hereby given of the following meeting. applications, the disclosure of which these changes. It will also provide the The meeting will be closed to the would constitute a clearly unwarranted means for critical review of agency public in accordance with the invasion of personal privacy. sponsored intramural and extramural provisions set forth in sections Name of Committee: National Institute of scientific research programs. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Neurological Disorders and Stroke Special DATES: Date and Time: The meeting as amended. The grant applications and Emphasis Panel, Blueprint will be held on Monday, November 15, the discussions could disclose Neurotherapeutics. 2010, from 8:30 a.m. to 4 p.m. Date: December 2, 2010. confidential trade secrets or commercial ADDRESSES: Bethesda Marriott, 5151 Time: 8 a.m. to 5 p.m. property such as patentable material, Pooks Hill Rd., Bethesda, MD 20814. and personal information concerning Agenda: To review and evaluate grant applications. Contact Person: Martha Monser, individuals associated with the grant Place: Hotel Palomar, 2121 P Street, NW., Office of the Commissioner, Food and applications, the disclosure of which Washington, DC 20037. Drug Administration, WO Bldg. 32, rm. would constitute a clearly unwarranted Contact Person: Ernest W. Lyons, PhD, 4286, 10903 New Hampshire Ave., invasion of personal privacy. Scientific Review Administrator, Scientific Silver Spring, MD 20993–0002, 301– Name of Committee: Center for Scientific Review Branch, Division of Extramural 796–4627, or FDA Advisory Committee Review Special Emphasis Panel, Research, NINDS/NIH/DHHS, Neuroscience Information Line, 1–800–741–8138 Neurodegeneration Special Emphasis Panel. Center, 6001 Executive Blvd., Room 3208, (301–443–0572 in the Washington, DC Date: October 28, 2010. MSC 9529, Bethesda, MD 20892–9529. 301– 496–4056. [email protected]. area), code 301–451–2603. Please call Time: 2 p.m. to 4 p.m. the Information Line for up-to-date Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance applications. Program Nos. 93.853, Clinical Research information on this meeting. A notice in Place: National Institutes of Health, 6701 Related to Neurological Disorders; 93.854, the Federal Register about last minute Rockledge Drive, Bethesda, MD 20892. Biological Basis Research in the modifications that impact a previously (Telephone Conference Call.) Neurosciences, National Institutes of Health, announced advisory committee meeting Contact Person: Carole L. Jelsema, PhD, HHS) cannot always be published quickly Chief and Scientific Review Officer, Center enough to provide timely notice. for Scientific Review, National Institutes of Dated: October 18, 2010. Jennifer S. Spaeth, Therefore, you should always check the Health, 6701 Rockledge Drive, Room 4176, agency’s Web site and call the MSC 7850, Bethesda, MD 20892. (301) 435– Director, Office of Federal Advisory 1248. [email protected]. Committee Policy. appropriate advisory committee hot line/phone line to learn about possible This notice is being published less than 15 [FR Doc. 2010–26932 Filed 10–22–10; 8:45 am] days prior to the meeting due to the timing modifications before coming to the limitations imposed by the review and BILLING CODE 4140–01–P meeting. funding cycle. Agenda: The Science Board will receive information from the ongoing (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND Program Nos. 93.306, Comparative Medicine; review of the Pharmacovigilance HUMAN SERVICES 93.333, Clinical Research, 93.306, 93.333, Program at the Center for Drug 93.337, 93.393–93.396, 93.837–93.844, Food and Drug Administration Evaluation and Research (CDER). The 93.846–93.878, 93.892, 93.893, National Center for Food Safety and Applied Institutes of Health, HHS) [Docket No. FDA–2010–N–0001] Nutrition (CFSAN) will present its Dated: October 19, 2010. evaluation and review of the final report Science Board Advisory Committee; Jennifer S. Spaeth, of the CFSAN Research Review Notice of Meeting Director, Office of Federal Advisory Subcommittee of the Science Board to Committee Policy. AGENCY: Food and Drug Administration, the Food and Drug Administration and [FR Doc. 2010–26935 Filed 10–22–10; 8:45 am] HHS. provide an overview of its strategic BILLING CODE 4140–01–P ACTION: Notice of meeting. plan. New information and updates will be provided concerning FDA’s activities This notice announces a forthcoming in support of Comparative Effectiveness DEPARTMENT OF HEALTH AND meeting of a public advisory committee Research. In addition, the Board will be HUMAN SERVICES of the Food and Drug Administration provided with updates on the (FDA). The meeting will be open to the development and broad priorities of National Institutes of Health public. FDA’s Strategic Science Plan, and the National Institute of Neurological Name of Committee: Science Board to FDA Medical Countermeasures Disorders and Stroke; Notice of Closed the Food and Drug Administration Initiative, including planning for its Meeting (Science Board). regulatory science component. General Function of the Committee: FDA intends to make background Pursuant to section 10(d) of the The Science Board provides advice material available to the public no later Federal Advisory Committee Act, as primarily to the Commissioner of Food than 2 business days before the meeting. amended (5 U.S.C. App.), notice is and Drugs and other appropriate If FDA is unable to post the background hereby given of the following meeting. officials on specific complex and material on its Web site prior to the

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meeting, the background material will Dated: October 15, 2010. DEPARTMENT OF HEALTH AND be made publicly available at the Jill Hartzler Warner, HUMAN SERVICES location of the advisory committee Acting Associate Commissioner for Special meeting, and the background material Medical Programs. National Institutes of Health will be posted on FDA’s Web site after [FR Doc. 2010–26828 Filed 10–22–10; 8:45 am] National Heart, Lung, and Blood the meeting. Background material is BILLING CODE 4160–01–P Institute; Notice of Closed Meeting available at http://www.fda.gov/ AdvisoryCommittees/Calendar/ Pursuant to section 10(d) of the default.htm. Scroll down to the DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as appropriate advisory committee link. HUMAN SERVICES amended (5 U.S.C. App.), notice is hereby given of the following meeting. Procedure: Interested persons may National Institutes of Health The meeting will be closed to the present data, information, or views, public in accordance with the orally or in writing, on issues pending National Center for Complementary & provisions set forth in sections before the committee. Written Alternative Medicine; Notice of Closed 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., submissions may be made to the contact Meeting as amended. The grant applications and person on or before Monday, November the discussions could disclose 8, 2010. Oral presentations from the Pursuant to section 10(d) of the confidential trade secrets or commercial public will be scheduled between Federal Advisory Committee Act, as property such as patentable material, approximately 1 p.m. and 2 p.m. Those amended (5 U.S.C. App.), notice is and personal information concerning desiring to make formal oral hereby given of the following meeting. individuals associated with the grant presentations should notify the contact applications, the disclosure of which The meeting will be closed to the person and submit a brief statement of would constitute a clearly unwarranted public in accordance with the the general nature of the evidence or invasion of personal privacy. provisions set forth in sections arguments they wish to present, the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Heart, Lung, names and addresses of proposed and Blood Institute Special Emphasis Panel, as amended. The grant applications and participants, and an indication of the Career Enhancement Awards for Stem Cell the discussions could disclose approximate time requested to make Research. confidential trade secrets or commercial Date: November 10, 2010. their presentation on or before Friday, property such as patentable material, Time: 12:30 p.m. to 3:30 p.m. October 29, 2010. Time allotted for each and personal information concerning Agenda: To review and evaluate grant presentation may be limited. If the individuals associated with the grant applications. number of registrants requesting to Place: National Institutes of Health, 6701 applications, the disclosure of which speak is greater than can be reasonably Rockledge Drive, Bethesda, MD 20892. would constitute a clearly unwarranted accommodated during the scheduled (Telephone Conference Call.) invasion of personal privacy. Contact Person: William J Johnson, PhD, open public hearing session, FDA may Scientific Review Officer, Review Branch/ conduct a lottery to determine the Name of Committee: National Center for DERA, National Heart, Lung, and Blood speakers for the scheduled open public Complementary and Alternative Medicine Institute, 6701 Rockledge Drive, Room 7178, hearing session. The contact person will Special Emphasis Panel, Type 3 P01s. Bethesda, MD 20892–7924. 301–435–0725. notify interested persons regarding their Date: November 16, 2010. [email protected]. request to speak by Monday, November Time: 2 p.m. to 3:30 p.m. (Catalogue of Federal Domestic Assistance 1, 2010. Agenda: To review and evaluate grant Program Nos. 93.233, National Center for applications. Sleep Disorders Research; 93.837, Heart and Persons attending FDA’s advisory Place: National Institutes of Health, Two Vascular Diseases Research; 93.838, Lung committee meetings are advised that the Democracy Plaza, 6707 Democracy Diseases Research; 93.839, Blood Diseases agency is not responsible for providing Boulevard, Bethesda, MD 20892. (Telephone and Resources Research, National Institutes of Health, HHS) access to electrical outlets. Conference Call.) Dated: October 19, 2010. FDA welcomes the attendance of the Contact Person: Peter Kozel, PhD, Jennifer S. Spaeth, public at its advisory committee Scientific Review Officer, NCCAM, 6707 meetings and will make every effort to Democracy Boulevard, Suite 401, Bethesda, Director, Office of Federal Advisory MD 20892–5475. 301–496–8004. Committee Policy. accommodate persons with physical [email protected]. [FR Doc. 2010–26889 Filed 10–22–10; 8:45 am] disabilities or special needs. If you require special accommodations due to (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–P Program Nos. 93.213, Research and Training a disability, please contact Martha in Complementary and Alternative Medicine, Monser, at least 7 days in advance of the National Institutes of Health, HHS) DEPARTMENT OF HEALTH AND meeting. HUMAN SERVICES Dated: October 15, 2010. FDA is committed to the orderly conduct of its advisory committee Jennifer S. Spaeth, National Institutes of Health meetings. Please visit our Web site at Director, Office of Federal Advisory Committee Policy. Center for Scientific Review; Notice of http://www.fda.gov/ Closed Meetings AdvisoryCommittees/AboutAdvisory [FR Doc. 2010–26907 Filed 10–22–10; 8:45 am] Committee/ucm111462.htm for BILLING CODE 4140–01–P Pursuant to section 10(d) of the procedures on public conduct during Federal Advisory Committee Act, as advisory committee meetings. amended (5 U.S.C. App.), notice is hereby given of the following meetings. Notice of this meeting is given under The meetings will be closed to the the Federal Advisory Committee Act (5 public in accordance with the U.S.C. app. 2). provisions set forth in sections

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552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Dated: October 19, 2010. comments and suggestions from the as amended. The grant applications and Jennifer S. Spaeth, public and affected agencies should the discussions could disclose Director, Office of Federal Advisory address one or more of the following confidential trade secrets or commercial Committee Policy. four points: property such as patentable material, [FR Doc. 2010–26881 Filed 10–22–10; 8:45 am] (1) Evaluate whether the proposed and personal information concerning BILLING CODE 4140–01–P collection of information is necessary individuals associated with the grant for the proper performance of the applications, the disclosure of which functions of the agency, including would constitute a clearly unwarranted DEPARTMENT OF HOMELAND whether the information will have invasion of personal privacy. SECURITY practical utility; Name of Committee: Center for Scientific (2) Evaluate the accuracy of the Review Special Emphasis Panel, PAR–10– U.S. Citizenship and Immigration agency’s estimate of the burden of the 021: AIDS-Science Track Award for Research Services proposed collection of information, Transition. including the validity of the Date: November 9–10, 2010. Agency Information Collection methodology and assumptions used; Time: 8 a.m. to 5 p.m. Activities: Form I–600/ (3) Enhance the quality, utility, and Agenda: To review and evaluate grant I–600A, Extension of a Currently clarity of the information to be applications. Approved Information Collection; collected; and Place: National Institutes of Health, 6701 (4) Minimize the burden of the Rockledge Drive, Bethesda, MD 20892. Comment Request (Virtual Meeting.) collection of information on those who Contact Person: Shiv A. Prasad, PhD, ACTION: 30-Day Notice of Information are to respond, including through the Scientific Review Officer, Center for Collection Under Review: Form I–600/ use of appropriate automated, Scientific Review, National Institutes of I–600A, Petition to Classify Orphan as electronic, mechanical, or other Health, 6701 Rockledge Drive, Room 5220, an Immediate Relative and Application technological collection techniques or MSC 7852, Bethesda, MD 20892. 301–443– for Advance Processing of Orphan other forms of information technology, 5779. [email protected]. Petition; OMB Control No. 1615–0028. e.g., permitting electronic submission of This notice is being published less than 15 responses. days prior to the meeting due to the timing The Department of Homeland limitations imposed by the review and Security, U.S. Citizenship and Overview of This Information funding cycle. Immigration Services (USCIS) will be Collection Name of Committee: Center for Scientific submitting the following information Review Special Emphasis Panel, Member (1) Type of Information Collection: Conflict: Connective Tissue and collection request to the Office of Extension of a currently approved Dermatology. Management and Budget (OMB) for information collection. Date: November 9, 2010. review and clearance in accordance (2) Title of the Form/Collection: Time: 2:30 p.m. to 5:30 p.m. with the Paperwork Reduction Act of Petition to Classify Orphan as an Agenda: To review and evaluate grant 1995. The information collection was Immediate Relative and Application for applications. previously published in the Federal Advance Processing of Orphan Petition. Place: National Institutes of Health, 6701 Register on June 23, 2010, at 75 FR (3) Agency form number, if any, and Rockledge Drive, Bethesda, MD 20892. 35824, allowing for a 60-day public (Telephone Conference Call.) the applicable component of the Contact Person: Rajiv Kumar, PhD, comment period. USCIS did not receive Department of Homeland Security Scientific Review Officer, Center for any comments for this information sponsoring the collection: Form I–600/ Scientific Review, National Institutes of collection. I–600A; U.S. Citizenship and Health, 6701 Rockledge Drive, Room 4122, The purpose of this notice is to allow Immigration Services (USCIS). MSC 7802, Bethesda, MD 20892. 301–435– an additional 30 days for public (4) Affected public who will be asked 1212. [email protected]. comments. Comments are encouraged or required to respond, as well as a brief This notice is being published less than 15 and will be accepted until November 24, abstract: Primary: Individuals or days prior to the meeting due to the timing 2010. This process is conducted in limitations imposed by the review and Households. The Form I–600 is used by funding cycle. accordance with 5 CFR 1320.10. U.S. Citizenship and Immigration Written comments and/or suggestions Name of Committee: Center for Scientific Services (USCIS) to determine whether Review Special Emphasis Panel, Member regarding the item(s) contained in this an alien is an eligible orphan. Form Conflict: Translational Research in Pediatric notice, especially regarding the I–600A is used to streamline the and Obstetric Pharmacology. estimated public burden and associated procedure for advance processing of Date: November 18, 2010. response time, should be directed to the orphan petitions. Time: 2 p.m. to 4 p.m. Department of Homeland Security (5) An estimate of the total number of Agenda: To review and evaluate grant (DHS), and to the Office of Management respondents and the amount of time applications. and Budget (OMB) USCIS Desk Officer. Place: National Institutes of Health, 6701 estimated for an average respondent to Rockledge Drive, Bethesda, MD 20892. Comments may be submitted to: USCIS, respond: 25,241 responses at 30 minutes (Telephone Conference Call.) Chief, Regulatory Products Division, 20 (.50) per response. Contact Person: Nancy Sheard, SCD, Massachusetts Avenue, Washington, DC (6) An estimate of the total public Scientific Review Officer, Center for 20529–2020. Comments may also be burden (in hours) associated with the Scientific Review, National Institutes of submitted to DHS via facsimile to 202– collection: 12,620 annual burden hours. Health, 6701 Rockledge Drive, Room 6046–E, 272–8352 or via e-mail at If you need a copy of the information MSC 7892, Bethesda, MD 20892. 301–408– [email protected], and to the OMB USCIS collection instrument, please visit the 9901. [email protected]. Desk Officer via facsimile at 202–395– Web site at: http://www.regulations.gov. (Catalogue of Federal Domestic Assistance 5806 or via e-mail at We may also be contacted at: USCIS, Program Nos. 93.306, Comparative Medicine; _ 93.333, Clinical Research, 93.306, 93.333, oira [email protected]. When Regulatory Products Division, 20 93.337, 93.393–93.396, 93.837–93.844, submitting comments by e-mail please Massachusetts Avenue, NW., 93.846–93.878, 93.892, 93.893, National make sure to add OMB Control Number Washington, DC 20529–2020; Institutes of Health, HHS) 1615–0028 in the subject box. Written Telephone 202–272–8377.

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Dated: October 20, 2010. address one or more of the following Dated: October 20, 2010. Sunday Aigbe, four points: Sunday Aigbe, Chief, Regulatory Products Division, U.S. (1) Evaluate whether the proposed Chief, Regulatory Products Division, U.S. Citizenship and Immigration Services, collection of information is necessary Citizenship and Immigration Services, Department of Homeland Security. for the proper performance of the Department of Homeland Security. [FR Doc. 2010–26953 Filed 10–22–10; 8:45 am] functions of the agency, including [FR Doc. 2010–26890 Filed 10–22–10; 8:45 am] BILLING CODE 9111–97–P whether the information will have BILLING CODE 9111–97–P practical utility; DEPARTMENT OF HOMELAND (2) Evaluate the accuracy of the DEPARTMENT OF HOMELAND SECURITY agencies estimate of the burden of the SECURITY proposed collection of information, U.S. Citizenship and Immigration including the validity of the Federal Emergency Management Services methodology and assumptions used; Agency (3) Enhance the quality, utility, and Agency Information Collection [Internal Agency Docket No. FEMA–1942– clarity of the information to be DR; Docket ID FEMA–2010–0002] Activities: Form I–360, Extension of a collected; and Currently Approved Information (4) Minimize the burden of the North Carolina; Major Disaster and Collection; Comment Request collection of information on those who Related Determinations are to respond, including through the ACTION: 30-Day Notice of Information AGENCY: Federal Emergency Collection Under Review: Form I–360, use of appropriate automated, Management Agency, DHS. electronic, mechanical, or other Petition for Amerasian, Widow(er), or ACTION: Notice. Special Immigrant; OMB Control No. technological collection techniques or 1615–0020. other forms of information technology, SUMMARY: This is a notice of the e.g., permitting electronic submission of Presidential declaration of a major The Department of Homeland responses. disaster for the State of North Carolina Security, U.S. Citizenship and Overview of This Information (FEMA–1942–DR), dated October 14, Immigration Services (USCIS) will be 2010, and related determinations. submitting the following information Collection DATES: Effective Date: October 14, 2010. collection request to the Office of (1) Type of Information Collection: FOR FURTHER INFORMATION CONTACT: Management and Budget (OMB) for Extension of a currently approved Peggy Miller, Office of Response and review and clearance in accordance information collection. with the Paperwork Reduction Act of Recovery, Federal Emergency (2) Title of the Form/Collection: 1995. The information collection was Management Agency, 500 C Street, SW., Petition for Amerasian, Widow(er), or previously published in the Federal Washington, DC 20472, (202) 646–3886. Special Immigrant. Register on June 30, 2010, at 75 FR SUPPLEMENTARY INFORMATION: Notice is 37820, allowing for a 60-day public (3) Agency form number, if any, and hereby given that, in a letter dated comment period. USCIS did not receive the applicable component of the October 14, 2010, the President issued any comments for this information Department of Homeland Security a major disaster declaration under the collection. sponsoring the collection: Form I–360; authority of the Robert T. Stafford The purpose of this notice is to allow U.S. Citizenship and Immigration Disaster Relief and Emergency an additional 30 days for public Services (USCIS). Assistance Act, 42 U.S.C. 5121 et seq. comments. Comments are encouraged (4) Affected public who will be asked (the ‘‘Stafford Act’’), as follows: and will be accepted until November 24, or required to respond, as well as a brief I have determined that the damage in 2010. This process is conducted in abstract: Primary: Individuals or certain areas of the State of North Carolina accordance with 5 CFR 1320.10. Households. This information collection resulting from severe storms, flooding, and Written comments and/or suggestions is used by several prospective classes of straight-line winds associated with the regarding the item(s) contained in this aliens who intend to establish their remnants of Tropical Storm Nicole during the notice, especially regarding the eligibility to immigrate to the United period of September 27 to October 1, 2010, estimated public burden and associated is of sufficient severity and magnitude to States. warrant a major disaster declaration under response time, should be directed to the (5) An estimate of the total number of the Robert T. Stafford Disaster Relief and Department of Homeland Security respondents and the amount of time Emergency Assistance Act, 42 U.S.C. 5121 et (DHS), and to the Office of Management estimated for an average respondent to seq. (the ‘‘Stafford Act’’). Therefore, I declare and Budget (OMB) USCIS Desk Officer. respond: 7,969 responses at 2 hours per that such a major disaster exists in the State of North Carolina. Comments may be submitted to: USCIS, response, 6,500 responses at 3 hours per Chief, Regulatory Products Division, 20 In order to provide Federal assistance, you response, and 4,700 at 2.25 hours per are hereby authorized to allocate from funds Massachusetts Avenue, Washington, DC response. 20529–2020. Comments may also be available for these purposes such amounts as (6) An estimate of the total public you find necessary for Federal disaster submitted to DHS via facsimile to assistance and administrative expenses. 202–272–8352 or via e-mail at burden (in hours) associated with the collection: 46,013 annual burden hours. You are authorized to provide Individual [email protected], and to the OMB USCIS Assistance in the designated areas and Desk Officer via facsimile at 202–395– If you need a copy of the information Hazard Mitigation throughout the State. 5806 or via e-mail at collection instrument, please visit the Consistent with the requirement that Federal [email protected]. When Web site at: http://www.regulations.gov. assistance is supplemental, any Federal submitting comments by e-mail please We may also be contacted at: USCIS, funds provided under the Stafford Act for Hazard Mitigation and Other Needs make sure to add OMB Control Number Regulatory Products Division, 20 Assistance will be limited to 75 percent of 1615–0020 in the subject box. Written Massachusetts Avenue, NW., the total eligible costs. comments and suggestions from the Washington, DC 20529–2020; Further, you are authorized to make public and affected agencies should Telephone 202–272–8377. changes to this declaration for the approved

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assistance to the extent allowable under the (FEMA–1943–DR), dated October 14, Declared Disaster Areas; 97.049, Stafford Act. 2010, and related determinations. Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals DATES: Effective Date: October 14, 2010. The time period prescribed for the and Households; 97.050, Presidentially implementation of section 310(a), FOR FURTHER INFORMATION CONTACT: Declared Disaster Assistance to Individuals Priority to Certain Applications for Peggy Miller, Office of Response and and Households—Other Needs; 97.036, Public Facility and Public Housing Recovery, Federal Emergency Disaster Grants—Public Assistance Assistance, 42 U.S.C. 5153, shall be for Management Agency, 500 C Street, SW., (Presidentially Declared Disasters); 97.039, a period not to exceed six months after Washington, DC 20472, (202) 646–3886. Hazard Mitigation Grant.) the date of this declaration. SUPPLEMENTARY INFORMATION: Notice is W. Craig Fugate, The Federal Emergency Management hereby given that, in a letter dated Administrator, Federal Emergency Agency (FEMA) hereby gives notice that October 14, 2010, the President issued Management Agency. pursuant to the authority vested in the a major disaster declaration under the [FR Doc. 2010–26848 Filed 10–22–10; 8:45 am] Administrator, under Executive Order authority of the Robert T. Stafford BILLING CODE 9111–23–P 12148, as amended, W. Montague Disaster Relief and Emergency Winfield, of FEMA is appointed to act Assistance Act, 42 U.S.C. 5121 et seq. as the Federal Coordinating Officer for (the ‘‘Stafford Act’’), as follows: DEPARTMENT OF HOMELAND this major disaster. I have determined that the damage in SECURITY The following areas of the State of certain areas of the State of New York North Carolina have been designated as resulting from severe storms, tornadoes, and Federal Emergency Management adversely affected by this major disaster: straight-line winds on September 16, 2010, is Agency Beaufort, Bertie, Craven, Hertford, Onslow, of sufficient severity and magnitude to [Internal Agency Docket No. FEMA–1941– and Tyrrell Counties for Individual warrant a major disaster declaration under DR; Docket ID FEMA–2010–0002] Assistance. the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et All counties within the State of North Minnesota; Major Disaster and Related Carolina are eligible to apply for assistance seq. (the ‘‘Stafford Act’’). Therefore, I declare under the Hazard Mitigation Grant Program. that such a major disaster exists in the State Determinations The following Catalog of Federal Domestic of New York. In order to provide Federal assistance, you AGENCY: Federal Emergency Assistance Numbers (CFDA) are to be used Management Agency, DHS. for reporting and drawing funds: 97.030, are hereby authorized to allocate from funds Community Disaster Loans; 97.031, Cora available for these purposes such amounts as ACTION: Notice. Brown Fund; 97.032, Crisis Counseling; you find necessary for Federal disaster 97.033, Disaster Legal Services; 97.034, assistance and administrative expenses. SUMMARY: This is a notice of the Disaster Unemployment Assistance (DUA); You are authorized to provide Public Presidential declaration of a major 97.046, Fire Management Assistance Grant; Assistance in the designated areas and disaster for the State of Minnesota 97.048, Disaster Housing Assistance to Hazard Mitigation throughout the State. (FEMA–1941–DR), dated October 13, Individuals and Households In Presidentially Consistent with the requirement that Federal 2010, and related determinations. Declared Disaster Areas; 97.049, assistance is supplemental, any Federal DATES: Presidentially Declared Disaster Assistance— funds provided under the Stafford Act for Effective Date: October 13, 2010. Disaster Housing Operations for Individuals Public Assistance and Hazard Mitigation will FOR FURTHER INFORMATION CONTACT: and Households; 97.050, Presidentially be limited to 75 percent of the total eligible Peggy Miller, Office of Response and Declared Disaster Assistance to Individuals costs. Recovery, Federal Emergency and Households—Other Needs; 97.036, Further, you are authorized to make Management Agency, 500 C Street, SW., changes to this declaration for the approved Disaster Grants—Public Assistance Washington, DC 20472, (202) 646–3886. (Presidentially Declared Disasters); 97.039, assistance to the extent allowable under the Hazard Mitigation Grant. Stafford Act. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated W. Craig Fugate, The Federal Emergency Management Agency (FEMA) hereby gives notice that October 13, 2010, the President issued Administrator, Federal Emergency a major disaster declaration under the Management Agency. pursuant to the authority vested in the Administrator, under Executive Order authority of the Robert T. Stafford [FR Doc. 2010–26842 Filed 10–22–10; 8:45 am] 12148, as amended, Philip E. Parr, of Disaster Relief and Emergency BILLING CODE 9111–23–P FEMA is appointed to act as the Federal Assistance Act, 42 U.S.C. 5121 et seq. Coordinating Officer for this major (the ‘‘Stafford Act’’), as follows: I have determined that the damage in DEPARTMENT OF HOMELAND disaster. The following areas of the State of certain areas of the State of Minnesota SECURITY New York have been designated as resulting from severe storms and flooding adversely affected by this major disaster: beginning on September 22, 2010, and Federal Emergency Management continuing, is of sufficient severity and Agency Kings, Queens, and Richmond Counties for magnitude to warrant a major disaster Public Assistance. declaration under the Robert T. Stafford [Internal Agency Docket No. FEMA–1943– All counties within the State of New York Disaster Relief and Emergency Assistance DR; Docket ID FEMA–2010–0002] are eligible to apply for assistance under the Act, 42 U.S.C. 5121 et seq. (the ‘‘Stafford Hazard Mitigation Grant Program. New York; Major Disaster and Related Act’’). Therefore, I declare that such a major (The following Catalog of Federal Domestic disaster exists in the State of Minnesota. Determinations Assistance Numbers (CFDA) are to be used In order to provide Federal assistance, you AGENCY: Federal Emergency for reporting and drawing funds: 97.030, are hereby authorized to allocate from funds Management Agency, DHS. Community Disaster Loans; 97.031, Cora available for these purposes such amounts as Brown Fund; 97.032, Crisis Counseling; you find necessary for Federal disaster ACTION: Notice. 97.033, Disaster Legal Services; 97.034, assistance and administrative expenses. Disaster Unemployment Assistance (DUA); You are authorized to provide Public SUMMARY: This is a notice of the 97.046, Fire Management Assistance Grant; Assistance in the designated areas and Presidential declaration of a major 97.048, Disaster Housing Assistance to Hazard Mitigation throughout the State. disaster for the State of New York Individuals and Households In Presidentially Direct Federal assistance is authorized.

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Consistent with the requirement that Federal SUMMARY: This notice amends the notice FOR FURTHER INFORMATION CONTACT: assistance is supplemental, any Federal of a major disaster declaration for the Peggy Miller, Office of Response and funds provided under the Stafford Act for State of Iowa (FEMA–1930–DR), dated Recovery, Federal Emergency Public Assistance and Hazard Mitigation will July 29, 2010, and related Management Agency, 500 C Street, SW., be limited to 75 percent of the total eligible costs. determinations. Washington, DC 20472, (202) 646–3886. Further, you are authorized to make DATES: Effective Date: October 15, 2010. SUPPLEMENTARY INFORMATION: Notice is changes to this declaration for the approved FOR FURTHER INFORMATION CONTACT: hereby given that the incident period for assistance to the extent allowable under the Peggy Miller, Office of Response and this declared disaster is closed effective Stafford Act. Recovery, Federal Emergency October 14, 2010. The Federal Emergency Management Management Agency, 500 C Street, SW., (The following Catalog of Federal Domestic Agency (FEMA) hereby gives notice that Washington, DC 20472, (202) 646–3886. Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, pursuant to the authority vested in the SUPPLEMENTARY INFORMATION: The notice Administrator, under Executive Order Community Disaster Loans; 97.031, Cora of a major disaster declaration for the Brown Fund; 97.032, Crisis Counseling; 12148, as amended, Lawrence Sommers, State of Iowa is hereby amended to of FEMA is appointed to act as the 97.033, Disaster Legal Services; 97.034, include the following areas among those Disaster Unemployment Assistance (DUA); Federal Coordinating Officer for this areas determined to have been adversely 97.046, Fire Management Assistance Grant; major disaster. affected by the event declared a major 97.048, Disaster Housing Assistance to The following areas of the State of disaster by the President in his Individuals and Households in Presidentially Minnesota have been designated as declaration of July 29, 2010. Declared Disaster Areas; 97.049, adversely affected by this major disaster: Presidentially Declared Disaster Assistance— Boone, Calhoun, and Shelby Counties for Disaster Housing Operations for Individuals Blue Earth, Cottonwood, Dodge, Faribault, Individual Assistance (already designated for and Households; 97.050, Presidentially Freeborn, Goodhue, Jackson, Lincoln, Lyon, Public Assistance). Declared Disaster Assistance to Individuals Martin, Mower, Murray, Olmsted, Pipestone, The following Catalog of Federal Domestic and Households—Other Needs; 97.036, Rice, Rock, Steele, Wabasha, Waseca, Assistance Numbers (CFDA) are to be used Disaster Grants—Public Assistance Watonwan, and Winona Counties for Public for reporting and drawing funds: 97.030, (Presidentially Declared Disasters); 97.039, Assistance. Community Disaster Loans; 97.031, Cora Hazard Mitigation Grant.) All counties within the State of Minnesota Brown Fund; 97.032, Crisis Counseling; are eligible to apply for assistance under the 97.033, Disaster Legal Services; 97.034, W. Craig Fugate, Hazard Mitigation Grant Program. Disaster Unemployment Assistance (DUA); Administrator, Federal Emergency (The following Catalog of Federal Domestic 97.046, Fire Management Assistance Grant; Management Agency. Assistance Numbers (CFDA) are to be used 97.048, Disaster Housing Assistance to [FR Doc. 2010–26846 Filed 10–22–10; 8:45 am] for reporting and drawing funds: 97.030, Individuals and Households in Presidentially Community Disaster Loans; 97.031, Cora Declared Disaster Areas; 97.049, BILLING CODE 9111–23–P Brown Fund; 97.032, Crisis Counseling; Presidentially Declared Disaster Assistance— 97.033, Disaster Legal Services; 97.034, Disaster Housing Operations for Individuals Disaster Unemployment Assistance (DUA); and Households; 97.050, Presidentially DEPARTMENT OF HOMELAND 97.046, Fire Management Assistance Grant; Declared Disaster Assistance to Individuals SECURITY 97.048, Disaster Housing Assistance to and Households—Other Needs; 97.036, Individuals and Households in Presidentially Disaster Grants—Public Assistance Federal Emergency Management Declared Disaster Areas; 97.049, (Presidentially Declared Disasters); 97.039, Agency Presidentially Declared Disaster Assistance— Hazard Mitigation Grant. [Internal Agency Docket No. FEMA–1941– Disaster Housing Operations for Individuals DR; Docket ID FEMA–2010–0002] and Households; 97.050, Presidentially W. Craig Fugate, Declared Disaster Assistance to Individuals Administrator, Federal Emergency and Households—Other Needs; 97.036, Management Agency. Minnesota; Amendment No. 2 to Notice of a Major Disaster Declaration Disaster Grants—Public Assistance [FR Doc. 2010–26843 Filed 10–22–10; 8:45 am] (Presidentially Declared Disasters); 97.039, BILLING CODE 9111–23–P AGENCY: Federal Emergency Hazard Mitigation Grant.) Management Agency, DHS. W. Craig Fugate, ACTION: Notice. Administrator, Federal Emergency DEPARTMENT OF HOMELAND Management Agency. SECURITY SUMMARY: This notice amends the notice of a major disaster declaration for the [FR Doc. 2010–26847 Filed 10–22–10; 8:45 am] Federal Emergency Management BILLING CODE 9111–23–P State of Minnesota (FEMA–1941–DR), Agency dated October 13, 2010, and related [Internal Agency Docket No. FEMA–1941– determinations. DEPARTMENT OF HOMELAND DR; Docket ID FEMA–2010–0002] DATES: Effective Date: October 19, 2010. SECURITY Minnesota; Amendment No. 1 to Notice FOR FURTHER INFORMATION CONTACT: Federal Emergency Management of a Major Disaster Declaration Peggy Miller, Office of Response and Agency Recovery, Federal Emergency AGENCY: Federal Emergency Management Agency, 500 C Street, SW., [Internal Agency Docket No. FEMA–1930– Management Agency, DHS. Washington, DC 20472, (202) 646–3886. DR; Docket ID FEMA–2010–0002] ACTION: Notice. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the Iowa; Amendment No. 11 to Notice of SUMMARY: This notice amends the notice State of Minnesota is hereby amended to a Major Disaster Declaration of a major disaster for the State of include the following areas among those Minnesota (FEMA–1941–DR), dated areas determined to have been adversely AGENCY: Federal Emergency October 13, 2010, and related Management Agency, DHS. affected by the event declared a major determinations. disaster by the President in his ACTION: Notice. DATES: Effective Date: October 14, 2010. declaration of October 13, 2010.

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Brown, Carver, Le Sueur, Nicollet, Nobles, Brown Fund; 97.032, Crisis Counseling; correction does not change the Redwood, Sibley, and Yellow Medicine 97.033, Disaster Legal Services; 97.034, application deadline date which Counties for Public Assistance. Disaster Unemployment Assistance (DUA); remains November 18, 2010. The following Catalog of Federal Domestic 97.046, Fire Management Assistance Grant; FOR FURTHER INFORMATION CONTACT: For Assistance Numbers (CFDA) are to be used 97.048, Disaster Housing Assistance to for reporting and drawing funds: 97.030, Individuals and Households in Presidentially questions concerning this technical Community Disaster Loans; 97.031, Cora Declared Disaster Areas; 97.049, correction, please contact HUD’s Brown Fund; 97.032, Crisis Counseling; Presidentially Declared Disaster Assistance— Homeless Resource Exchange (HRE) 97.033, Disaster Legal Services; 97.034, Disaster Housing Operations for Individuals Help Desk at http://www.hudhre.info/ Disaster Unemployment Assistance (DUA); and Households; 97.050 Presidentially helpdesk. Individuals who are hearing 97.046, Fire Management Assistance Grant; Declared Disaster Assistance to Individuals or speech-impaired should use the 97.048, Disaster Housing Assistance to and Households—Other Needs; 97.036, Information Relay Service at 1–800– Disaster Grants—Public Assistance Individuals and Households In Presidentially 877–8339 (these are toll-free numbers). Declared Disaster Areas; 97.049, (Presidentially Declared Disasters); 97.039, Presidentially Declared Disaster Assistance— Hazard Mitigation Grant.) Dated: October 20, 2010. Disaster Housing Operations for Individuals W. Craig Fugate, Barbara S. Dorf, and Households; 97.050 Presidentially Director, Departmental Grants Management Declared Disaster Assistance to Individuals Administrator, Federal Emergency Management Agency. and Oversight Office of the Chief of the and Households—Other Needs; 97.036, Human Capital Officer. Disaster Grants—Public Assistance [FR Doc. 2010–26844 Filed 10–22–10; 8:45 am] [FR Doc. 2010–27015 Filed 10–22–10; 8:45 am] (Presidentially Declared Disasters); 97.039, BILLING CODE 9111–23–P Hazard Mitigation Grant. BILLING CODE 4210–67–P W. Craig Fugate, DEPARTMENT OF HOUSING AND Administrator, Federal Emergency DEPARTMENT OF THE INTERIOR Management Agency. URBAN DEVELOPMENT [FR Doc. 2010–26845 Filed 10–22–10; 8:45 am] [Docket No. FR–5415–C–17] Bureau of Reclamation BILLING CODE 9111–23–P Notice of Availability: Notice of Odessa Subarea Special Study; Funding Availability (NOFA) for Fiscal Adams, Franklin, Grant, and Lincoln DEPARTMENT OF HOMELAND Year (FY) 2010 Continuum of Care Counties, Washington INT–DES 10–54 SECURITY (CoC) Homeless Assistance Program; AGENCY: Bureau of Reclamation, Technical Correction Federal Emergency Management Interior. Agency AGENCY: Office of the Chief of the ACTION: Notice of availability and notice Human Capital Officer, HUD. of public hearing of Draft Environmental [Internal Agency Docket No. FEMA–1942– DR; Docket ID FEMA–2010–0002] ACTION: Notice of technical correction. Impact Statement (EIS). SUMMARY: North Carolina; Amendment No. 1 to SUMMARY: On September 20, 2010, HUD Pursuant to section 102(2)(C) Notice of a Major Disaster Declaration posted on http://www.Grants.gov and of the National Environmental Policy http://www.hudhre.info its Notice of Act (NEPA), the Bureau of Reclamation AGENCY: Federal Emergency Funding Availability (NOFA) for HUD’s (Reclamation) is notifying the public Management Agency, DHS. FY2010 Continuum of Care Homeless that Reclamation and the State of ACTION: Notice. Assistance Program. Today’s Federal Washington have prepared a Draft EIS Register publication announces that for the Odessa Subarea Special Study. SUMMARY: This notice amends the notice HUD has posted on http:// The Washington Department of Ecology of a major disaster declaration for the www.Grants.gov and http:// (Ecology) is a joint lead with State of North Carolina (FEMA–1942– www.hudhre.info a technical correction Reclamation in the preparation of this DR), dated October 14, 2010, and related that corrects Appendix A of the NOFA. Draft EIS, which will also be used to determinations. Appendix A of the NOFA, the ‘‘List of comply with requirements of the DATES: Effective Date: October 19, 2010. Counties Defined as Rural for the Washington State Environmental Policy FOR FURTHER INFORMATION CONTACT: FY2010 Selection Criteria,’’ Act (SEPA). Peggy Miller, Office of Response and inadvertently omitted listing six The purpose of Reclamation’s Odessa Recovery, Federal Emergency counties. As provided in the FY2010 Subarea Special Study is to evaluate Management Agency, 500 C Street, SW., CoC NOFA, counties listed on alternatives to replace groundwater Washington, DC 20472, (202) 646–3886. Appendix A and otherwise meeting the supply with surface water to irrigate SUPPLEMENTARY INFORMATION: The notice criteria described in Section III.C.2.a.(5) existing, groundwater-irrigated acres in of a major disaster declaration for the of the NOFA, are eligible for the Odessa Ground Water Management State of North Carolina is hereby consideration for the selection priority Subarea. Measurements of groundwater amended to include the following areas described in Section V.B.2 of the NOFA. levels in wells have shown a substantial among those areas determined to have In addition, HUD determined that five decline in much of the Odessa Subarea been adversely affected by the event counties not meeting the definition of since the 1980s, which are the earliest declared a major disaster by the rural county used in the FY2010 CoC available measurements. This has President in his declaration of October NOFA were inadvertently included on prompted public concern about the 14, 2010. the list of rural counties in Appendix A. declining aquifers and associated economic and other effects, which Brunswick, Jones, Pender, and Pitt As a result, HUD has corrected Counties for Individual Assistance. Appendix A. resulted in a directive by the U.S. Congress and the Washington State (The following Catalog of Federal Domestic The revised CoC NOFA along with the Assistance Numbers (CFDA) are to be used corrected Appendix A can be found and legislature to investigate the problem. for reporting and drawing funds: 97.030, downloaded from http://www.grants.gov DATES: Written or e-mailed comments Community Disaster Loans; 97.031, Cora and http://www.hudhre.info. This on the Draft EIS will be accepted

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through December 31, 2010. Public scheduled speakers. Speakers may State legislature passed the Columbia hearings will be held in November 2010. provide written versions of their oral River Water Resource Management Act See the Supplementary Information comments, or other additional written (HB 2860) that directs Ecology to section for dates and locations of these comments, for the hearing record. aggressively pursue development of hearings. Longer comments should be water benefiting both instream and out- ADDRESSES: Written comments on the summarized at the public hearing and of-stream uses through storage, Draft EIS may be submitted to Bureau of submitted in writing either at the public conservation, and voluntary regional Reclamation, Columbia-Cascades Area hearing or identified as hearing water management agreements. Office, Attention: Charles Carnohan, comments and mailed within 7 days of Reclamation’s Odessa Subarea Special Activity Manager, 1917 Marsh Road, the hearing date to Mr. Charles Study is one of several activities Yakima, Washington 98901–2058. Carnohan as indicated under the identified in the legislation. Comments may also be submitted ADDRESSES section. Reclamation has developed electronically to [email protected]. alternatives to replace the current and Background Information increasingly unreliable groundwater FOR FURTHER INFORMATION CONTACT: The Columbia Basin Project (CBP) is supplies used for irrigation with a Charles Carnohan, Activity Manager, a multipurpose water development surface supply as part of continued Telephone (509) 575–5848 x370. project in the central part of the state of phased development of the CBP. Information on this project can also be Washington. The Grand Coulee Dam Reclamation can only deliver water to found at http://www.usbr.gov/pn/ Project was authorized for construction _ lands authorized to receive CBP water. programs/ucao misc/odessa/index. by the Act of August 30, 1935, and An estimated 170,000 acres within the html. reauthorized and renamed in the CBP Odessa Subarea are now being irrigated SUPPLEMENTARY INFORMATION: Act of March 10, 1943. Congress with groundwater with an estimated authorized the CBP to irrigate a total of 140,000 of these acres eligible to receive Dates of Public Hearings 1,029,000 acres; about 671,000 acres are CBP surface water. • November 17, 2010, 3 p.m.–7 p.m., currently irrigated. Reclamation and Ecology are studying Coulee Dam, WA. Section 9(a) of the Reclamation the potential to replace groundwater • November 18, 2010, 3 p.m.-7 p.m., Project Act of 1939 gave authority to the currently used for irrigation in the Moses Lake, WA. Secretary of the Interior (Secretary) to Odessa Subarea Special Study Area approve a finding of feasibility and (Study Area) with CBP surface water. Locations of Public Hearings thereby authorize construction of a The alternatives being considered • Town of Coulee Dam Town Hall, project upon submitting a report to the include the No Action Alternative as 300 Lincoln Avenue, Coulee Dam, WA President and the Congress. The required by NEPA and SEPA, and eight 99116. Secretary approved a plan of action alternatives that address the • Grant County Advanced development for the CBP, known as Purpose and Need. The eight action Technologies Center (ATEC) Building House Document No. 172 in 1945. alternatives fall within two categories: 1800, Big Bend Community College, House Document No. 172 anticipated Partial Replacement: This group of 7611 Bolling Street NE., Moses Lake, that development of the CBP would delivery alternatives focuses on WA 98837. occur in phases over a 70-year period. enlarging the existing East Low Canal Meeting facilities are accessible to Reclamation is authorized to implement and providing CBP surface water to people with disabilities. People needing additional development phases as long approximately 58,000 acres in the Study special assistance to attend and/or as the Secretary finds it to be Area currently irrigated with participate should contact Charles economically justified and financially groundwater. The acreage served would Carnahan at (509) 575–5848, extension feasible. The Odessa Subarea Special be south of I–90. No surface water 370, or mail him at the address in the Study is conducted under the authority replacement would be provided to most ADDRESSES section, as soon as possible. of the CBP Act of 1943, as amended, and of the remaining groundwater-irrigated To allow sufficient time to process the Reclamation Act of 1939. acres in the Study Area (north of I–90). special requests, please call no later In response to the public’s concern Full Replacement: This group of than one week before the public meeting about the declining aquifer and delivery alternatives would provide CBP of interest. associated economic and other effects, surface water to most groundwater- TTY users may dial 711 to obtain a Congress has funded Reclamation to irrigated acreage in the Study Area toll free TTY relay. Spanish language investigate this problem. Ecology has (102,614 acres), both north and south of interpretation requests should be made partnered with Reclamation by I–90. Lands south of I–90 would be to Enedina Galvez at (509) 575–5848. Si providing funding and collaborating on served by enlarging the East Low Canal. necesita interpretacion para Espanol, various technical studies. Lands north of I–90 would be served by por favor llame Enedina Galvez a (509) The State, Reclamation, and irrigation constructing an East High Canal system. 575–5848. districts signed the Columbia River The eight action alternatives consist Initiative Memorandum of of four partial replacement alternatives Hearing Process Information Understanding (CRI MOU) in December and four full replacement alternatives. Requests to make oral comments at 2004, to promote a cooperative process The four alternatives within each of the the public hearing may be made at the for implementing activities to improve two replacement alternative categories hearing. In order to ensure that all those Columbia River water management and consist of variations in the water supply interested in providing oral comments water management within the CBP. The options that would be used. Four supply have an opportunity to do so, speakers Odessa Subarea Special Study options are being considered that would will be limited to 5 minutes. Comments implements Section 15 of the CRI MOU, use storage from Banks Lake, Lake will be recorded by a court reporter. which states in part that, ‘‘The parties Roosevelt, or a new Rocky Coulee Speakers will be called in the order will cooperate to explore opportunities Reservoir, either individually or in indicated on the sign-in list for for delivery of water to additional combination, as follows: Option A— speaking. Speakers not present when existing agricultural lands within the Banks Lake, would use storage in and called will be recalled at the end of the Odessa Subarea.’’ In February 2006, the additional drawdowns from Banks Lake,

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exclusively; Option B—Banks Lake and • North Central Regional Library, Wildlife Service, 4401 North Fairfax Lake Roosevelt, would use existing Royal City Library, 136 Camelia Street, Drive, Room 212, Arlington, VA 22203; storage in Banks Lake and Lake Royal City, WA 99357. fax (703) 358–2280; or e-mail Roosevelt, resulting in drawdowns from • Seattle Public Library, Central [email protected]. both reservoirs; Option C—Banks Lake Library, 1000 Fourth Avenue, Seattle, FOR FURTHER INFORMATION CONTACT: and Rocky Coulee Reservoir, would use WA 98104. Brenda Tapia, (703) 358–2104 • existing storage in Banks Lake, plus a Sprague Public Library, 119 West (telephone); (703) 358–2280 (fax); new Rocky Coulee Reservoir; and Second Street, Sprague, WA 99032. [email protected] (e-mail). • Option D—Banks Lake, Lake Roosevelt, North Central Regional Library, SUPPLEMENTARY INFORMATION: and Rocky Coulee Reservoir, would use Warden Library, 305 South Main Street, a combination of all three storage Warden, WA 98857. I. Public Comment Procedures • facilities. Alternatives would involve Washington State Library, 6880 A. How do I request copies of various combinations and Capitol Boulevard South, Olympia, WA applications or comment on submitted configurations of these water 98504. applications? conveyance and water supply Public Disclosure Statement components. Send your request for copies of The Draft EIS is available for public If you wish to comment, you may applications or comments and materials inspection at the following locations: mail or e-mail your comments as concerning any of the applications to • Bureau of Reclamation, Columbia- indicated under the ADDRESSES section. the contact listed under ADDRESSES. Cascades Area Office, 1917 Marsh Road, Before including your name, address, Please include the Federal Register Yakima, WA 98901–2058; telephone: phone number, e-mail address, or other notice publication date, the PRT- (509) 575–5848. personal identifying information in your number, and the name of the applicant • Bureau of Reclamation, Pacific comment, you should be aware that in your request or submission. We will Northwest Regional Office, 1150 North your entire comment (including your not consider requests or comments sent Curtis Road, Suite 100, Boise, ID 83706– personal identifying information) may to an e-mail or address not listed under 1234; telephone: (208) 378–5012. be made publicly available at any time. ADDRESSES. If you provide an e-mail While you can request in your comment address in your request for copies of Libraries for us to withhold your personal applications, we will attempt to respond • Ritzville Public Library, 302 West identifying information from public to your request electronically. Main, Ritzville, WA 99169. review, we cannot guarantee that we Please make your requests or • Basin City Branch, Mid-Columbia will be able to do so. comments as specific as possible. Please Library, Basin City, WA 99343. confine your comments to issues for • Benton-Franklin County Regional Timothy L. Personius, which we seek comments in this notice, Law Library, Columbia Basin College, L Acting Regional Director, Pacific Northwest and explain the basis for your Building, 2600 North 10th Avenue, Region. comments. Include sufficient Pasco, WA 99301. [FR Doc. 2010–26865 Filed 10–22–10; 8:45 am] information with your comments to • Big Bend Community College BILLING CODE 4310–MN–P allow us to authenticate any scientific or Library, Building 1800, 7611 Bolling commercial data you include. Street, NE, Moses Lake, WA 98837. The comments and recommendations • Columbia Basin College Library, DEPARTMENT OF THE INTERIOR that will be most useful and likely to 2600 North 20th Avenue, Pasco, WA influence agency decisions are: (1) 99301. Fish and Wildlife Service Those supported by quantitative • Connell Branch, Mid-Columbia [FWS–R9–IA–2010–N239; 96300–1671– information or studies; and (2) Those Library, 118 North Columbia Avenue, 0000–P5] that include citations to, and analyses Connell, WA 99362. of, the applicable laws and regulations. • Coulee City Public Library, 405 Endangered Species; Receipt of We will not consider or include in our West Main Street, Coulee City, WA Applications for Permit administrative record comments we 99115. receive after the close of the comment AGENCY: Fish and Wildlife Service, • Ephrata City Library, 45 Alder period (see DATES) or comments Interior. Street Northwest, Ephrata, WA 98823– delivered to an address other than those 2420. ACTION: Notice of receipt of applications listed above (see ADDRESSES). • Grant County Law Library, 35 C for permit. B. May I review comments submitted by Street, NW, Ephrata, WA 98823. • SUMMARY: We, the U.S. Fish and others? Kahlotus Branch, Mid-Columbia Wildlife Service, invite the public to Library, East 225 Weston, Kahlotus, WA Comments, including names and comment on the following applications street addresses of respondents, will be 99335. to conduct certain activities with • Moses Lake Community Library, available for public review at the endangered species. With some 418 East 5th Avenue, Moses Lake, WA address listed under ADDRESSES. The exceptions, the Endangered Species Act 98837–1797. public may review documents and other (ESA) prohibits activities with listed • Odessa Public Library, 21 East 1st information applicants have sent in species unless a Federal permit is issued Avenue, Odessa, WA 99159. support of the application unless our • Othello Branch, Mid-Columbia that allows such activities. The ESA allowing viewing would violate the Library, 101 East Main, Othello, WA laws require that we invite public Privacy Act or Freedom of Information 99344. comment before issuing these permits. Act. Before including your address, • Pasco Branch, Mid-Colombia DATES: We must receive comments or phone number, e-mail address, or other Library, 1320 West Hopkins, Pasco, WA requests for documents or comments on personal identifying information in your 99301. or before November 24, 2010. comment, you should be aware that • Quincy Public Library, 108 B Street ADDRESSES: Brenda Tapia, Division of your entire comment—including your Southwest, Quincy, WA 98848. Management Authority, U.S. Fish and personal identifying information—may

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be made publicly available at any time. NJ, for the purpose of scientific ACTION: Notice of issuance of permits. While you can ask us in your comment research. to withhold your personal identifying Multiple Applicants SUMMARY: We, the U.S. Fish and information from public review, we Wildlife Service (Service), have issued cannot guarantee that we will be able to The following applicants each request the following permits to conduct certain a permit to import the sport-hunted do so. activities with endangered species, trophy of one male bontebok marine mammals or both. We issue II. Background (Damaliscus pygargus pygargus) culled these permits under the Endangered To help us carry out our conservation from a captive herd maintained under the management program of the Species Act (ESA) and Marine Mammal responsibilities for affected species, the Protection Act (MMPA). Endangered Species Act of 1973, section Republic of South Africa, for the 10(a)(1)(A), as amended (16 U.S.C. 1531 purpose of enhancement of the survival ADDRESSES: Brenda Tapia, Division of et seq.), require that we invite public of the species. Management Authority, U.S. Fish and comment before final action on these Applicant: Brian Mortz, Fenton, Wildlife Service, 4401 North Fairfax permit applications. Michigan; PRT–23144A Drive, Room 212, Arlington, VA 22203; fax (703) 358–2280; or e-mail III. Permit Applications Applicant: Jeffrey Coome, Sioux Falls, South Dakota; PRT–16640A [email protected]. A. Endangered Species Applicant: Gary Winchester, Mineral FOR FURTHER INFORMATION CONTACT: Applicant: International Elephant Springs, AR; PRT–23840A Brenda Tapia, (703) 358–2104 Foundation, Fort Worth, TX; PRT– (telephone); (703) 358–2280 (fax); 15923A Dated: October 15, 2010. [email protected] (e-mail). The applicant requests a permit to Brenda Tapia, SUPPLEMENTARY INFORMATION: On the import biological specimens of Asian Program Analyst/Data Administrator, Branch dates below, as authorized by the elephant (Elephus maximus) and of Permits, Division of Management provisions of the ESA (16 U.S.C. 1531 African elephant (Loxodonta africana) Authority. from wild animals in all range countries [FR Doc. 2010–26834 Filed 10–22–10; 8:45 am] et seq.), as amended, and/or the MMPA, and captive-held animals in countries BILLING CODE 4310–55–P as amended (16 U.S.C. 1361 et seq.), we worldwide for the purpose of scientific issued requested permits subject to research. This notification covers certain conditions set forth therein. For activities to be conducted by the DEPARTMENT OF THE INTERIOR each permit for an endangered species, applicant over a 5-year period. we found that (1) The application was Fish and Wildlife Service filed in good faith, (2) The granted Applicant: Integrated Research Facility, [FWS–R9–IA–2010–N238; 96300–1671– permit would not operate to the Frederick, MD; PRT–25390A 0000–P5] disadvantage of the endangered species, and (3) The granted permit would be The applicant requests a permit for Endangered Species; Marine consistent with the purposes and policy the one-time acquisition of cell line Mammals; Issuance of Permits specimens from gorilla (Gorilla gorilla) set forth in section 2 of the ESA. in interstate commerce from Coriell AGENCY: Fish and Wildlife Service, Institute for Medical Research, Newark, Interior. Endangered Species

Receipt of application Federal Register Permit No. Applicant notice Permit issuance date

03116A ...... James Selman ...... 75 FR 23279; May 3, 2010 ...... July 27, 2010. 03158A ...... Gerhard Meier ...... 75 FR 23279; May 3, 2010 ...... July 27, 2010. 19931A ...... Frank DeGennaro ...... 75 FR 52971; Aug 30, 2010 ...... October 7, 2010. 194674 ...... Dianne Peden ...... 73 FR 61161; Oct 15, 2008 ...... September 28, 2010.

Marine Mammals

Receipt of application Federal Register Permit No. Applicant notice Permit issuance date

10236A ...... Seattle Aquarium ...... 75 FR 47625; August 6, 2010 ...... October 8, 2010. 14932A ...... Vince Bacalan, American University ...... 75 FR 44986; July 30, 2010 ...... October 5, 2010.

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Availability of Documents Russian Federation on the Conservation first meeting, held in Moscow, Russia, Documents and other information and Management of the Alaska- September 23–25, 2009, the submitted with these applications are Chukotka Polar Bear Population,’’ signed Commission identified members of a available for review, subject to the at Washington, DC, on October 16, 2000 Scientific Working Group (SWG) and requirements of the Privacy Act and (the 2000 Agreement), provides legal tasked the SWG with reviewing the Freedom of Information Act, by any protections for the population of polar current level of subsistence take of polar party who submits a written request for bears found in the Chukchi-Northern bears. Recommendations from the SWG a copy of such documents to: Bering Sea. The 2000 Agreement is will help guide the research necessary implemented in the United States to address present and future polar bear Dated: October 15, 2010. through title V of the Marine Mammal conservation issues in the shared Brenda Tapia, Protection Act (MMPA) (16 U.S.C. 1361 Alaska-Chukotka polar bear population. Program Analyst/Data Administrator, Branch et seq.) and builds upon those The Commission also: (1) Identified of Permits, Division of Management protections already provided to this habitat conservation as an important Authority. population of polar bears through the issue for the long-term conservation and [FR Doc. 2010–26833 Filed 10–22–10; 8:45 am] ‘‘Agreement on the Conservation of management of the Alaska-Chukotka BILLING CODE 4310–55–P Polar Bears,’’ done at Oslo, November polar bear; (2) identified ways to ensure 13, 1973 (the 1973 Agreement), which full participation of native peoples in was a significant early step in the the conservation of the shared polar DEPARTMENT OF THE INTERIOR international conservation of polar bear population; and (3) adopted rules bears. of procedure for the Commission. Fish and Wildlife Service The 1973 Agreement is a multilateral The first meeting of the SWG was [FWS–R7–FHC–2010–N159; 71490–1351– treaty to which the United States and held March 1–5, 2010, in Anchorage, 0000–L5–FY10] Russia are parties with other polar bear Alaska. The SWG, tasked by the range states: Norway, Canada, and Commission with identifying a U.S.-Russia Polar Bear Commission Denmark. While the 1973 Agreement sustainable level of human-caused Adopts an Annual Taking Limit for the provides authority for the maintenance removals for the Alaska-Chukotka polar Alaska-Chukotka Polar Bear of a subsistence harvest of polar bears bear population, recognized that reliable Population and provides for habitat conservation, scientific information was critical to the the 2000 Agreement specifically identification and implementation of a AGENCY: Fish and Wildlife Service, establishes a common legal, scientific, sustainable level of removals. At the Interior. and administrative framework for the same time, the SWG acknowledged that ACTION: Notice. conservation and management of the the information necessary to derive Alaska-Chukotka polar bear population accurate estimates of sustainable SUMMARY: On June 9, 2010, by unanimous vote, the U.S.-Russia Polar between the United States and Russia. removals that meet subsistence interests Because of the shared interest in this Bear Commission established by the in the two countries for the Alaska- population of polar bears, which readily ‘‘Agreement Between the Government of Chukotka polar bear population is moves between U.S. and Russian currently limited. However, the SWG the United States of America and the Federation jurisdictions, a cooperative recognized that the current unlimited Government of the Russian Federation management regime for the subsistence subsistence harvest in the United States on the Conservation and Management of harvest of bears is key to both providing and illegal killing of polar bears in the Alaska-Chukotka Polar Bear for the long-term viability of the Russia represented an immediate threat Population,’’ signed at Washington, DC, population as well as addressing the to the Alaska-Chukotka polar bear on October 16, 2000, adopted a limit to social, cultural, and subsistence population. the take of the Alaska-Chukotka polar interests of Alaska Natives and the The SWG evaluated the plausible bear population. The decision of the native people of Chukotka. The 2000 range of sustainable removals for Commission is that the total take should Agreement requires the United States subsistence purposes based on be limited to 58 bears per year to be and the Russian Federation to manage population models and assumed values shared between the United States of and conserve polar bears based on of population size and growth rate. America and the Russian Federation. reliable science and to provide for These parameters and resulting estimate Both the United States and the Russian subsistence harvest opportunity by of sustainable subsistence removals Federation are proceeding to implement native peoples. For example, the 2000 were based on expert opinion of the the decision of the Commission. Agreement provides a definition of group. The SWG identified two FOR FURTHER INFORMATION CONTACT: ‘‘sustainable harvest’’ [which] ‘‘means a management options for consideration Terry D. DeBruyn, Polar Bear Project harvest level which does not exceed net by the Commission. Both management Leader, U.S. Fish and Wildlife Service, annual recruitment to the population options are short term (1 to 3 years) and Marine Mammals Management Office, and maintains the population at or near require reevaluation when new 1011 East Tudor Road, Anchorage, AK its current level, taking into account all information becomes available. 99503; by telephone (907–786–3800); or forms of removal, and considers the Management option 1 was a moratorium by facsimile (907–786–3816). Persons status and trend of the population, on the subsistence harvest of polar bears who use a telecommunications device based on reliable scientific information’’. in the United States in conjunction with for the deaf (TDD) may call the Federal In addition, the 2000 Agreement a continued moratorium on subsistence Information Relay Service (FIRS) at establishes the U.S.-Russia Polar Bear harvest in Russia. Such a regime would 800–877–8339. Commission (Commission), which be contingent upon effective SUPPLEMENTARY INFORMATION: functions as the bilateral managing enforcement capabilities in both authority to make scientific countries. Management option 2 was to Background determinations, establish taking limits, establish a regulated subsistence harvest The ‘‘Agreement Between the and carry out other responsibilities in both the United States and Russia. Government of the United States of important to the conservation and Such a regime would be contingent America and the Government of the management of the polar bear. At its upon the enforcement of a regulated

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subsistence harvest and the each year confirming continuation of Commission’s electronic docket (EDIS) implementation of community-level the existing subsistence harvest limit or at http://edis.usitc.gov, and will be conservation programs in both the specifying a new harvest limit available for inspection during official United States and Russia. recommendation. business hours (8:45 a.m. to 5:15 p.m.) The second meeting of the in the Office of the Secretary, U.S. Determination of the Commission Commission took place June 7–10, 2010, International Trade Commission, 500 E in Anchorage, Alaska. During this Therefore, as discussed above, and as Street, SW., Washington, DC 20436, meeting, the Commission evaluated the required by Section 507(b) of the telephone (202) 205–2000. options provided by the SWG and MMPA, the Commission notified the General information concerning the determined that establishing a limit to Secretary of the Interior (by letter dated Commission may also be obtained by the subsistence harvest of polar bears June 23, 2010, and received on July 1, accessing its Internet server (http:// from the Alaska-Chukotka polar bear 2010) of its determination to limit the www.usitc.gov). The public record for population was needed. Based on the annual take of polar bears from the this investigation may be viewed on the recommendation and risk assessment Alaska-Chukotka population to no more Commission’s electronic docket (EDIS) relative to hypothetical harvest levels than 58 animals, of which no more than at http://edis.usitc.gov. Hearing- and traditional knowledge of the native 19 may be female, to be shared equally impaired persons are advised that people, the Commission determined between the two jurisdictions. Each information on this matter can be that no more than 58 polar bears per country is responsible for developing obtained by contacting the year may be taken, of which no more documents describing how the regulated Commission’s TDD terminal on (202) than 19 animals may be females from harvest will be implemented to be 205–1810. the Alaska-Chukotka polar bear reported at the next Commission SUPPLEMENTARY INFORMATION: The population. The Commission meeting. The United States and Russian Commission has received a complaint determined that all human-caused Federation will work together over the filed on behalf of Overland Storage, Inc. mortality, i.e., subsistence harvest as coming year to identify the legal on October 19, 2010. The complaint well as any bears that could be taken in requirements and documents needed to alleges violations of section 337 of the defense of human life, to the Alaska- implement the identified harvest limit. Tariff Act of 1930 (19 U.S.C. 1337) in Chukotka polar bear population will be This will be further discussed at the the importation into the United States, counted toward this annual limit. next Commission meeting in June 2011. the sale for importation, and the sale Further, the Commission determined As required by Section 507(b) of the within the United States after that the two countries will work MMPA, notice of the Commission’s together over the coming year to identify importation of certain automated media determination of taking limits for the library devices. The complaint names as legal requirements and documents Alaska-Chukotka polar bear population needed to implement the determined respondents BDT AG of Rottweil, is hereby published in the Federal Germany; BDT–Solutions GmbH & Co. subsistence harvest limit and that Register. further discussion would take place at KG of Rottweil, Germany; BDT the next Commission meeting in June Dated: October 12, 2010. Automation Technology (Zhuhai FTZ) 2011. Daniel M. Ashe, Co., Ltd. of Zhuhai Guangdong, China; The adoption of an annual take limit Acting Director, U.S. Fish and Wildlife BDT de Mexico, S. de R.L. de C.V. of by the Commission is a significant Service. Tlaquepaque, Jalisco, Mexico; BDT accomplishment in the conservation [FR Doc. 2010–26864 Filed 10–22–10; 8:45 am] Products, Inc. of Irvine, CA; Dell Inc. of and management of the shared Alaska- BILLING CODE 4310–55–P Round Rock, TX; and International Chukotka polar bear population. The Business Machines Corp. of Armonk, additional data obtained through NY. enhanced management, especially in INTERNATIONAL TRADE The complainant, proposed Russia where only limited information COMMISSION respondents, other interested parties, has been available, as well as increased and members of the public are invited monitoring of the previously unknown Notice of Receipt of Complaint; to file comments, not to exceed five take of bears, will provide vital Solicitation of Comments Relating to pages in length, on any public interest information and greater understanding the Public Interest issues raised by the complaint. of the status and trends of the Alaska- Comments should address whether Chukotka polar bear population. AGENCY: U.S. International Trade issuance of an exclusion order and/or a Resultant data will enable the countries Commission. cease and desist order in this to develop a more effective and robust ACTION: Notice. investigation would negatively affect the strategy for the conservation and public health and welfare in the United management of this shared population. SUMMARY: Notice is hereby given that States, competitive conditions in the The regulated subsistence harvest will the U.S. International Trade United States economy, the production also provide for the cultural, spiritual, Commission has received a complaint of like or directly competitive articles in and nutritional needs of the native entitled In Re Certain Automated Media the United States, or United States people of Chukotka. It is anticipated Library Devices, DN 2762; the consumers. that the illegal hunting of polar bears in Commission is soliciting comments on In particular, the Commission is Russia will decrease dramatically with any public interest issues raised by the interested in comments that: the involvement of native Chukotkans complaint. (i) Explain how the articles in the implementation of subsistence FOR FURTHER INFORMATION CONTACT: potentially subject to the orders are used harvest monitoring and management Marilyn R. Abbott, Secretary to the in the United States; and enhanced legal enforcement. The Commission, U.S. International Trade (ii) identify any public health, safety, Commission tasked the SWG with Commission, 500 E Street, SW., or welfare concerns in the United States conducting an annual review of the Washington, DC 20436, telephone (202) relating to the potential orders; annual subsistence take and providing a 205–2000. The public version of the (iii) indicate the extent to which like recommendation to the Commission complaint can be accessed on the or directly competitive articles are

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produced in the United States or are INTERNATIONAL TRADE Promethean Technology Shenzhen Ltd. otherwise available in the United States, COMMISSION of Shanghai, China. with respect to the articles potentially On September 14, 2010, eInstruction subject to the orders; and [Investigation No. 337–TA–728] moved to amend the complaint and (iv) indicate whether Complainant, In the Matter of Collaborative System notice of investigation to add Complainant’s licensees, and/or third Products and Components Thereof (II); Promethean Ltd. of Blackburn, party suppliers have the capacity to Notice of Commission Determination Lancashire, United Kingdom as a replace the volume of articles Not To Review an Initial Determination respondent to this investigation. On potentially subject to an exclusion order Granting Complainant’s Motion To September 30, 2010, the ALJ issued the and a cease and desist order within a Amend the Complaint and Notice of subject ID, Order No. 13, granting the commercially reasonable time. Investigation motion to amend. Written submissions must be filed no The Commission has determined not later than by close of business, five AGENCY: U.S. International Trade to review the ID. business days after the date of Commission. The authority for the Commission’s publication of this notice in the Federal ACTION: Notice. determination is contained in section Register. There will be further 337 of the Tariff Act of 1930, as opportunities for comment on the SUMMARY: Notice is hereby given that amended (19 U.S.C. 1337), and in public interest after the issuance of any the U.S. International Trade section 210.42 of the Commission’s final initial determination in this Commission has determined not to Rules of Practice and Procedure (19 CFR investigation. review an initial determination (‘‘ID’’) 210.42). Persons filing written submissions (Order No. 13) of the presiding must file the original document and 12 administrative law judge (‘‘ALJ’’) Issued: October 19, 2010. true copies thereof on or before the granting complainant’s motion to amend By order of the Commission. deadlines stated above with the Office the complaint and notice of Marilyn R. Abbott, of the Secretary. Submissions should investigation. Secretary to the Commission. ‘‘ [FR Doc. 2010–26775 Filed 10–22–10; 8:45 am] refer to the docket number ( Docket No. FOR FURTHER INFORMATION CONTACT: Jia 2762’’) in a prominent place on the Chen, Esq., Office of the General BILLING CODE 7020–02–P cover page and/or the first page. The Counsel, U.S. International Trade Commission’s rules authorize filing Commission, 500 E Street, SW., submissions with the Secretary by Washington, DC 20436, telephone (202) DEPARTMENT OF JUSTICE facsimile or electronic means only to the 708–4737. Copies of non-confidential Notice of Lodging of Consent Decree extent permitted by section 201.8 of the documents filed in connection with this Under the Comprehensive rules (see Handbook for Electronic investigation are or will be available for Environmental Response, Filing Procedures, http://www.usitc.gov/ inspection during official business _ _ Compensation, and Liability Act secretary/fed reg notices/rules/ hours (8:45 a.m. to 5:15 p.m.) in the documents/ Office of the Secretary, U.S. handbook_on_electronic_filing.pdf ). Pursuant to 28 CFR 50.7 and International Trade Commission, 500 E Department of Justice policy, notice is Persons with questions regarding Street, SW., Washington, DC 20436, electronic filing should contact the hereby given that on October 14, 2010 telephone (202) 205–2000. General a proposed Consent Decree with Secretary (202–205–2000). information concerning the Commission Any person desiring to submit a Georgia-Pacific Consumer Products LP may also be obtained by accessing its document to the Commission in (‘‘Georgia-Pacific’’) was lodged with the Internet server at http://www.usitc.gov. confidence must request confidential United States District Court for the The public record for this investigation treatment. All such requests should be Eastern District of Wisconsin in a case may be viewed on the Commission’s directed to the Secretary to the captioned United States and the State of electronic docket (EDIS) at http:// Commission and must include a full Wisconsin v. NCR Corp., et al., Case No. edis.usitc.gov. Hearing-impaired statement of the reasons why the 10–C–910 (E.D. Wis.). The Complaint in persons are advised that information on Commission should grant such that case alleges claims against Georgia- this matter can be obtained by treatment. See 19 CFR 201.6. Documents Pacific and eleven other defendants contacting the Commission’s TDD for which confidential treatment by the concerning polychlorinated biphenyl terminal on (202) 205–1810. Commission is properly sought will be contamination at the Lower Fox River treated accordingly. All nonconfidential SUPPLEMENTARY INFORMATION: The and Green Bay Superfund Site in written submissions will be available for Commission instituted this investigation northeastern Wisconsin (the ‘‘Site’’). public inspection at the Office of the on July 19, 2010, based on a complaint The proposed Consent Decree would Secretary. filed by eInstruction Corporation of resolve the United States’ and the This action is taken under the Denton, Texas on May 12, 2010. 75 FR State’s claims against Georgia-Pacific on authority of section 337 of the Tariff Act 41889 (Jul. 19, 2010). The complaint terms and conditions set forth in the of 1930, as amended (19 U.S.C. 1337), alleged violations of section 337 of the Consent Decree. Under the proposed and of sections 201.10 and 210.50(a)(4) Tariff Act of 1930 (19 U.S.C. 1337) in settlement, Georgia-Pacific would of the Commission’s Rules of Practice the importation into the United States, stipulate that it is liable, along with and Procedure (19 CFR 201.10, the sale for importation, and the sale other defendants, for performance of all 210.50(a)(4)). within the United States after required cleanup work at the Site importation of certain collaborative downstream from a line across the River Issued: October 19, 2010. system products and components slightly upstream of the company’s By order of the Commission. thereof by reason of infringement of paper mill in the City of Green Bay. Marilyn R. Abbott, various claims of United States Patent Georgia-Pacific would in turn receive a Secretary to the Commission. No. 6,930,673. The complaint named covenant not to sue and statutory [FR Doc. 2010–26788 Filed 10–22–10; 8:45 am] the following respondents: Promethean contribution protection for portions of BILLING CODE 7020–02–P Inc. of Alpharetta, Georgia, and the River upstream from that line. As

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part of the overall agreement, Georgia- fax no. (202) 514–0097, phone proposed collection of information, Pacific would waive objections to the confirmation number (202) 514–1547. In including the validity of the cleanup remedy that has been selected requesting a copy from the Consent methodology and assumptions used; by the U.S. Environmental Protection Decree Library, please enclose a check —Enhance the quality, utility, and Agency (‘‘EPA’’) and the Wisconsin in the amount of $10.50 (42 pages at 25 clarity of the information to be Department of Natural Resources cents per page reproduction cost) collected; and (‘‘WDNR’’) and it would waive payable to the U.S. Treasury. —Minimize the burden of the collection objections to an Administrative Order of information on those who are to Maureen M. Katz, for Remedial Action issued by EPA. respond, including through the use of Finally, Georgia-Pacific would pay $7 Assistant Chief, Environmental Enforcement appropriate automated, electronic, Section, Environment and Natural Resources mechanical, or other technological million toward the government’s Division. unreimbursed past costs and the collection techniques or other forms [FR Doc. 2010–26811 Filed 10–22–10; 8:45 am] government’s expected future costs of of information technology, e.g., overseeing the ongoing cleanup work BILLING CODE 4410–15–P permitting electronic submission of that is being performed under the EPA responses. Administrative Order. DEPARTMENT OF JUSTICE Overview of This Information The United States intends to hold a Collection public meeting regarding the Consent Bureau of Alcohol, Tobacco, Firearms (1) Type of Information Collection: Decree in the affected area, in and Explosives accordance with Section 7003(d) of the Extension of a currently approved Resource Conservation and Recovery [OMB Number 1140–0045] collection. Act, 42 U.S.C. 6973(d). The meeting will (2) Title of the Form/Collection: Agency Information Collection be held at the Brown County Library, Permanent Provisions of the Brady Activities: Proposed Collection; 515 Pine Street in Green Bay, from 7 Handgun Violence Prevention Act. Comments Requested p.m. to 9 p.m. on Thursday, November (3) Agency form number, if any, and 18, 2010. Representatives of the U.S. the applicable component of the ACTION: 60-Day Notice of Information Department of Justice sponsoring the Department of Justice, EPA, and WDNR Collection Under Review: Permanent will attend the public meeting to collection: Form Number: None. Bureau Provisions of the Brady Handgun of Alcohol, Tobacco, Firearms and provide information and answer Violence Prevention Act. questions concerning the Consent Explosives. (4) Affected public who will be asked Decree. Formal comments relating to the The Department of Justice (DOJ), or required to respond, as well as a brief Consent Decree will not be accepted in Bureau of Alcohol, Tobacco, Firearms abstract: Primary: Business or other for- oral form at the public meeting. Any and Explosives (ATF), will be profit. Other: Individual or households. such comments should be submitted in submitting the following information The permanent provisions of the Brady writing as described below. collection request to the Office of The Department of Justice will receive Management and Budget (OMB) for Law provide for the establishment of a comments relating to the Consent review and approval in accordance with national instant criminal background Decree for a period of thirty (30) days the Paperwork Reduction Act of 1995. check system (NICS) which requires that from the date of this publication. The proposed information collection is a firearms licensee must contact NICS Comments should be addressed to the published to obtain comments from the before transferring any firearm to Assistant Attorney General, public and affected agencies. Comments unlicensed individuals. (5) An estimate of the total number of Environment and Natural Resources are encouraged and will be accepted for respondents and the amount of time Division, and mailed either ‘‘sixty days’’ until December 27, 2010. estimated for an average respondent to electronically to pubcomment- This process is conducted in accordance respond: It is estimated that 106,000 [email protected] or in hard copy to with 5 CFR 1320.10. respondents will comply with the P.O. Box 7611, U.S. Department of If you have comments especially on provisions of the Brady Handgun Justice, Washington, DC 20044–7611. the estimated public burden or Violence Prevention Act. Comments should refer to United States associated response time, suggestions, (6) An estimate of the total public and the State of Wisconsin v. NCR or need a copy of the proposed burden (in hours) associated with the Corp., et al., Case No. 10–C–910 (E.D. information collection instrument with collection: Since 1994, no licensee has Wis.) and D.J. Ref. No. 90–11–2–1045/3. instructions or additional information, qualified for an exception from the The Consent Decree may be examined please contact Christine Dixon, Denial provisions of Brady based on at: (1) The offices of the United States Enforcement & NICS Intelligence geographical location. Therefore, the Attorney, 517 E. Wisconsin Avenue, Branch, 244 Needy Road, Martinsburg, total annual burden associated with this Room 530, Milwaukee, Wisconsin; and West Virginia 25401. information collection is 1 hour. (2) the offices of the U.S. Environmental Written comments and suggestions If additional information is required Protection Agency, 77 West Jackson from the public and affected agencies contact: Lynn Murray, Department Boulevard, 14th Floor, Chicago, Illinois. concerning the proposed collection of Clearance Officer, Policy and Planning During the public comment period, the information are encouraged. Your Staff, Justice Management Division, Consent Decree may also be examined comments should address one or more Department of Justice, Two Constitution on the following Department of Justice of the following four points: Square, Room 2E–502, 145 N Street, Web site: http://www.usdoj.gov/enrd/ —Evaluate whether the proposed NE., Washington, DC 20530. Consent_Decrees.html. A copy of the collection of information is necessary Consent Decree may also be obtained by for the proper performance of the Dated: October 19, 2010. mail from the Department of Justice functions of the agency, including Lynn Murray, Consent Decree Library, P.O. Box 7611, whether the information will have Department Clearance Officer, PRA, U.S. Washington, DC 20044–7611 or by practical utility; Department of Justice. faxing or e-mailing a request to Tonia —Evaluate the accuracy of the agencies [FR Doc. 2010–26789 Filed 10–22–10; 8:45 am] Fleetwood ([email protected]), estimate of the burden of the BILLING CODE 4410–FY–P

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DEPARTMENT OF JUSTICE 6(a) of the National Cooperative AUSTRALIA; and Thales, Neuilly-sur- Research and Production Act of 1993, Seine, FRANCE, have been added as Antitrust Division 15 U.S.C. 4301 et seq. (‘‘the Act’’), parties to this venture. Also, American National Shipbuilding Research Red Cross, Washington, DC; University Notice Pursuant to the National Program (‘‘NSRP’’) has filed written of Maryland, Center for Satellite & Cooperative Research and Production notifications simultaneously with the Hybrid Communication Networks, Act of 1993—PXI Systems Alliance, Attorney General and the Federal Trade College Park, MD; and Rheinmetall Inc. Commission disclosing changes in its Defence Electronics GmbH, Bremen, Notice is hereby given that, on membership status. The notifications GERMANY, have withdrawn as parties September 22, 2010, pursuant to Section were filed for the purpose of extending to this venture. 6(a) of the National Cooperative the Act’s provisions limiting the No other changes have been made in Research and Production Act of 1993, recovery of antitrust plaintiffs to actual either the membership or planned 15 U.S.C. 4301 et seq. (‘‘the Act’’), PXI damages under specified circumstances. activity of the group research project. Systems Alliance, Inc. has filed written Specifically, Austal USA, Mobile, AL, Membership in this group research notifications simultaneously with the has been added as a party to this project remains open, and NCOIC Attorney General and the Federal Trade venture. intends to file additional written Commission disclosing changes in its No other changes have been made in notifications disclosing all changes in membership. The notifications were either the membership or planned membership. filed for the purpose of extending the activity of the group research project. On November 19, 2004, NCOIC filed Act’s provisions limiting the recovery of Membership in this group research its original notification pursuant to antitrust plaintiffs to actual damages project remains open, and NSRP intends Section 6(a) of the Act. The Department under specified circumstances. to file additional written notification of Justice published a notice in the Specifically, Beijing Aerospace disclosing all changes in membership. Federal Register pursuant to Section Measurement & Control Corp., Beijing, On March 13, 1998, NSRP filed its 6(b) of the Act on February 2, 2005 (70 PEOPLE’S REPUBLIC OF CHINA; VTI original notification pursuant to Section FR 5486). Instruments, Irvine, CA; and Crystek 6(a) of the Act. The Department of The last notification was filed with Corporation, Fort Myers, FL, have been Justice published a notice in the Federal the Department on July 1, 2010. A added as parties to this venture. Register pursuant to Section 6(b) of the notice was published in the Federal In addition, AIM–USA, LLC has Act on January 29, 1999 (64 FR 4708). Register pursuant to Section 6(b) of the changed its name to Avionics Interface The last notification was filed with Act on August 2, 2010 (75 FR 45155). the Department on May 19, 2010. A Technologies, LLC, Omaha, NE. Patricia A. Brink, No other changes have been made in notice was published in the Federal Register pursuant to Section 6(b) of the Deputy Director of Operations, Antitrust either the membership or planned Division. Act on June 21, 2010 (75 FR 35089). activity of the group research project. [FR Doc. 2010–26744 Filed 10–22–10; 8:45 am] Membership in this group research Patricia A. Brink, BILLING CODE 4410–11–M project remains open, and PXI Systems Deputy Director of Operations, Antitrust Alliance, Inc. intends to file additional Division. written notifications disclosing all [FR Doc. 2010–26743 Filed 10–22–10; 8:45 am] DEPARTMENT OF LABOR changes in membership. BILLING CODE 4410–11–M On November 22, 2000, PXI Systems Office of the Secretary Alliance, Inc. filed its original notification pursuant to Section 6(a) of DEPARTMENT OF JUSTICE Employee Benefits Security the Act. The Department of Justice Administration; Submission for OMB published a notice in the Federal Antitrust Division Review Register pursuant to Section 6(b) of the Act on March 8, 2001 (66 FR 13971). Notice Pursuant to the National ACTION: Notice; comment request. The last notification was filed with Cooperative Research and Production the Department on July 8, 2010. A Act of 1993—Network Centric SUMMARY: The Department of Labor notice was published in the Federal Operations Industry Consortium, Inc. (DOL) hereby announces the submission Register pursuant to Section 6(b) of the of the following public information Notice is hereby given that, on Act on August 18, 2010 (75 FR 51115). collection requests (ICR) to the Office of September 23, 2010, pursuant to Section Management and Budget (OMB) for Patricia A. Brink, 6(a) of the National Cooperative review and approval in accordance with Deputy Director of Operations, Antitrust Research and Production Act of 1993, the Paperwork Reduction Act of 1995 Division. 15 U.S.C. 4301 et seq. (‘‘the Act’’), (Pub. L. 104–13, 44 U.S.C. chapter 35). [FR Doc. 2010–26742 Filed 10–22–10; 8:45 am] Network Centric Operations Industry A copy of each ICR, with applicable BILLING CODE 4410–11–M Consortium, Inc. (‘‘NCOIC’’) has filed supporting documentation; including, written notifications simultaneously among other things, a description of the with the Attorney General and the likely respondents, proposed frequency DEPARTMENT OF JUSTICE Federal Trade Commission disclosing of response, and estimated total burden changes in its membership. The may be obtained from the RegInfo.gov Antitrust Division notifications were filed for the purpose Web site at http://www.reginfo.gov/ Notice Pursuant to the National of extending the Act’s provisions public/do/PRAMain or by contacting Cooperative Research and Production limiting the recovery of antitrust Linda Watts Thomas on 202–693–4223 Act of 1993—National Shipbuilding plaintiffs to actual damages under (this is not a toll-free number) and Research Program specified circumstances. Specifically, e-mail mail to: Mosaic ATM, Leesburg, VA; NorthStar [email protected]. Notice is hereby given that, on Group, LLC, Washington, DC; Luciad, Interested parties are encouraged to September 20, 2010, pursuant to Section Leuven, BELGIUM; SYPAQ, Melbourne, send comments to the Office of

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Information and Regulatory Affairs, ‘‘as determined in regulations of the Total Estimated Annual Burden Attn: OMB Desk Officer for the Secretary [of Labor]’’ will not be treated Hours: 0. Department of Labor—Employee as fiduciaries of the plan. Moreover, no Total Estimated Annual Cost Burden Benefits Security Administration other plan fiduciary will be liable for (operating/maintaining): $673,000. (EBSA), Office of Management and any loss, or by reason of any breach, Description: The Employee Budget, Room 10235, Washington, DC resulting from the participants’ or Retirement Income Security Act of 1974 20503, Telephone: 202–395–6881/Fax beneficiaries exercise of control over (ERISA) prohibits a plan fiduciary from 202–395–5806 (these are not toll-free their individual account assets. causing the plan to engage in a numbers), E-mail: The Pension Protection Act (PPA), transaction if he knows or should know [email protected] within Public Law 109–280, amended ERISA that such transaction constitutes direct 30 days from the date of this publication section 404(c) by adding subparagraph or indirect loan or extension of credit in the Federal Register. In order to (c)(5)(A). The new subparagraph says between the plan and a party in interest. ensure the appropriate consideration, that a participant in an individual ERISA section 408(b)(1) exempts from comments should reference the account plan who fails to make this prohibition loans from a plan to applicable OMB Control Number (see investment elections regarding his or parties in interest who are participants below). her account assets will nevertheless be and beneficiaries of the plan, provided The OMB is particularly interested in treated as having exercised control over that certain requirements are satisfied. comments which: those assets so long as the plan provides In final regulations published in the (1) Evaluate whether the proposed appropriate notice (as specified) and Federal Register on July 20, 1989, (54 collection of information is necessary invests the assets ‘‘in accordance with FR 30520), the Department provided for the proper performance of the regulations prescribed by the Secretary additional guidance on section functions of the agency, including [of Labor].’’ Section 404(c)(5)(A) further 408(b)(1)(C), which requires that loans whether the information will have requires the Department of Labor be made in accordance with specific practical utility; (Department) to issue corresponding provisions in the plan. This ICR (2) Evaluate the accuracy of the final regulations within six months after therefore relates to the provisions plan agency’s estimate of the burden of the enactment of the PPA. The PPA was documents must include in order for a proposed collection of information, signed into law on August 17, 2006. plan may make loans to participants. including the validity of the The Department of Labor issued a The ICR is scheduled to expire on methodology and assumptions used; final regulation under ERISA section October 31, 2010. (3) Enhance the quality, utility, and 404(c)(5)(A) offering guidance on the For additional information, see clarity of the information to be types of investment vehicles that plans related notice published in the Federal collected; and may choose as their ‘‘qualified default Register on August 23, 2010 (75 FR (4) Minimize the burden of the investment alternative’’(QDIA). The 51844). collection of information on those who regulation also outlines two information Dated: October 18, 2010. collections. First, it implements the are to respond, including through the Linda Watts Thomas, use of appropriate automated, statutory requirement that plans provide Acting Departmental Clearance Officer. electronic, mechanical, or other annual notices to participants and technological collection techniques or beneficiaries whose account assets [FR Doc. 2010–26868 Filed 10–22–10; 8:45 am] other forms of information technology, could be invested in a QDIA. Second, BILLING CODE 4510–29–P e.g., permitting electronic submission of the regulation requires plans to pass responses. certain pertinent materials they receive DEPARTMENT OF LABOR Agency: Employee Benefits Security relating to a QDIA to those participants Administration. and beneficiaries with assets invested in Employment and Training Type of Review: Extension without the QDIA as well to provide certain Administration change of a currently approved information on request. The ICRs are collection. approved under OMB Control Number [TA–W–72,587] Title of Collection: Default Investment 1210–0132, which is scheduled to expire on October 31, 2010. Raleigh Film and Television Studios, Alternatives under Individual Account LLC, Los Angeles, CA; Notice of Plans. For additional information, see related notice published in the Federal Affirmative Determination Regarding OMB Control Number: 1210–0132. Application for Reconsideration Affected Public: Business or other for- Register on August 23, 2010 (75 FR profit; Not-for-profit institutions. 51843). By application dated January 24, Cost to Federal Government: $0. Agency: Employee Benefits Security 2010, the petitioner requested Estimated Number of Respondents: Administration. administrative reconsideration of the 648,000. Type of Review: Extension without negative determination regarding Total Number of Responses: change of a currently approved workers’ eligibility to apply for Trade 83,358,375. collection. Adjustment Assistance (TAA) Total Estimated Annual Burden Title of Collection: Regulation applicable to workers and former Hours: 782,000. Relating to Loans to Plan Participants workers of Raleigh Film and Television Total Estimated Annual Cost Burden and Beneficiaries who are Parties in Studios, LLC, Los Angeles, California (operating/maintaining): $32,116,000. Interest with Respect to the Plan. (the subject firm). The Notice of Description: Section 404(c) of the OMB Control Number: 1210–0076. determination was issued on January 14, Employee Retirement Income Security Affected Public: Business or other for- 2010 and published in the Federal Act of 1974 (ERISA) states that profit. Register on February 16, 2010 (75 FR participants or beneficiaries who can Cost to Federal Government: $0. 7039). The workers provide sound hold individual accounts under their Estimated Number of Respondents: stages, production, office space, pension plans, and who can exercise 1,900. catering, security, and other services to control over the assets in their accounts Total Number of Responses: 1,900. the entertainment production industry.

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The initial investigation resulted in a on May 20, 2010 (75 FR 28301). The of negative determination was issued on negative determination based on the workers produce the GMC Sierra and January 11, 2010 and published in the findings that there was, during the Chevrolet Silverado. Federal Register on February 16, 2010 relevant period, no increase in imports The negative determination was based (75 FR 7039). The workers produce of services like or directly competitive on the findings that there was no wooden exterior door frames. with those supplied by the workers by increase in imports by the firm or The initial investigation resulted in a either the subject firm or its customers, customers or a shift to/acquisition from nor a shift to/acquisition from a foreign a foreign country by the workers’ firm negative determination based on the country by the subject firm of like or of articles like or directly competitive findings that there was no increase in directly competitive services. The with the automobiles produced by the imports of like or directly competitive investigation also revealed that the workers. The investigation also revealed articles by either the subject firm or its workers did not produce a component that the workers did not produce a customers, and no shift to/acquisition part or supply a service that was component part that was used by a firm from a foreign country by the workers’ directly used by a firm that employed a that employed workers eligible to apply firm of production of like or directly worker group eligible to apply for TAA. for TAA and that directly incorporated competitive articles. The investigation The request for reconsideration the component parts into the article that also revealed that the subject firm did alleges that the subject firm ‘‘is actively was the basis for the TAA certification. not produce a component part that was building large film studios in both The UAW’s request for used by a firm that employed workers Budapest, Hungary and Khazastan.’’ reconsideration states that production of eligible to apply for TAA and used the The Department has carefully standard cab and extended cab GMC component parts in the production of reviewed the request for reconsideration Sierra and Chevrolet Silverado vehicles the article that was the basis for the and the existing record, and has shifted to an affiliated facility in certification. determined that the Department will Mexico. The request for reconsideration conduct further investigation to also includes new information in The workers, in the request for determine if the workers meet the support of the allegation. reconsideration, state that subject firm’s eligibility requirements of the Trade Act The Department has carefully competitors and customer have of 1974, as amended. reviewed the request for reconsideration increased imports of like or directly and the existing record, and has competitive articles from China. The Conclusion determined that the Department will workers also allege that the articles After careful review of the conduct further investigation to produced at the subject firm include application, I conclude that the claim is determine if the workers meet the door component parts (‘‘door jambs, of sufficient weight to justify eligibility requirements of the Trade Act door T–AST, door mull posts’’) and reconsideration of the U.S. Department of 1974, as amended. window component parts (‘‘replacement of Labor’s prior decision. The Conclusion window grills’’), and that those articles application is, therefore, granted. are being imported from China. After careful review of the Signed at Washington, DC, this 7th day of The Department has carefully October 2010. application, I conclude that the claim is reviewed the request for reconsideration Del Min Amy Chen, of sufficient weight to justify and the existing record, and has Certifying Officer, Office of Trade Adjustment reconsideration of the U.S. Department Assistance. of Labor’s prior decision. The determined that the Department will conduct further investigation to [FR Doc. 2010–26900 Filed 10–22–10; 8:45 am] application is, therefore, granted. determine if the workers meet the BILLING CODE 4510–FN–P Signed at Washington, DC, this 7th day of October 2010. eligibility requirements of the Trade Act Del Min Amy Chen, of 1974, as amended. DEPARTMENT OF LABOR Certifying Officer, Office of Trade Adjustment Conclusion Assistance. Employment and Training [FR Doc. 2010–26899 Filed 10–22–10; 8:45 am] After careful review of the Administration BILLING CODE 4510–FN–P application, I conclude that the claim is [TA–W–72,554] of sufficient weight to justify reconsideration of the U.S. Department General Motors Company, Pontiac DEPARTMENT OF LABOR of Labor’s prior decision. The Company, Pontiac, MI; Notice of application is, therefore, granted. Affirmative Determination Regarding Employment and Training Application for Reconsideration Administration Signed at Washington, DC, this 7th day of October 2010. [TA–W–72,510] By application dated June 11, 2010, a Del Min Amy Chen, representative of the International JELD–WEN Millwork Distribution, Certifying Officer, Office of Trade Adjustment Union of United Automobile, Wilkesboro, NC; Notice of Affirmative Assistance. Aerospace, and Agricultural Implement Determination Regarding Application [FR Doc. 2010–26898 Filed 10–22–10; 8:45 am] Workers of America (UAW) requested for Reconsideration administrative reconsideration of the BILLING CODE 4510–FN–P negative determination regarding By application dated February 3, workers’ eligibility to apply for Trade 2010, the petitioner requested Adjustment Assistance (TAA) administrative reconsideration of the applicable to workers and former negative determination regarding workers of the subject firm. The workers’ eligibility to apply for Trade determination was issued on April 12, Adjustment Assistance (TAA) 2010 and the Notice of Determination applicable to workers and former was published in the Federal Register workers of the subject firm. The Notice

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DEPARTMENT OF LABOR DEPARTMENT OF LABOR Signed at Washington, DC, this 7th day of October 2010. Employment and Training Employment and Training Del Min Amy Chen, Administration Administration Certifying Officer, Office of Trade Adjustment Assistance. [TA–W–72,029] [TA–W–70,910] [FR Doc. 2010–26896 Filed 10–22–10; 8:45 am] BILLING CODE 4510–FN–P Automotive Components Holdings, Sypris Technologies, Sypris Solutions LLC, A Subsidiary of Ford Motor Division, Kenton, OH; Notice of Company, Saline Plant Division, Affirmative Determination Regarding DEPARTMENT OF LABOR Saline, MI; Notice of Affirmative Application for Reconsideration Determination Regarding Application Employment and Training Administration for Reconsideration By application sent to this office on March 19, 2010, the United Steel [TA–W–70,110] By application sent to this office on Workers, Local 1–109, requested April 8, 2010, the United Automobile, administrative reconsideration of the Columbia Forest Products, Inc., Presque Isle Division, Presque Isle, Aerospace, and Agricultural Implement negative determination regarding ME; Notice of Affirmative Workers of America (UAW), Local 1124, workers’ eligibility to apply for Trade Determination Regarding Application requested administrative Adjustment Assistance (TAA) for Reconsideration reconsideration of the negative applicable to workers and former determination regarding workers’ workers of the subject firm. The Notice By application dated February 16, eligibility to apply for Trade Adjustment of determination was issued on 2010, workers requested administrative Assistance (TAA) applicable to workers February 18, 2010, and was published reconsideration of the negative and former workers of the subject firm. in the Federal Register on March 12, determination regarding workers’ The determination was issued on eligibility to apply for Trade Adjustment February 19, 2010, and the Notice of 2010 (75 FR 11925). The workers produce trailer axels. Assistance (TAA) applicable to workers Determination was published in the and former workers of the subject firm. Federal Register on March 12, 2010 (75 The negative determination was based The determination was issued on FR 11925). The workers produce on the findings that, during the relevant January 25, 2010, and the Notice of interior automotive components. period, there was no increase in imports Determination was published in the The negative determination was based of articles like or directly competitive Federal Register on March 5, 2010 (75 on the findings that neither a significant with the trailer axles produced by the FR 10323). The workers produce number nor proportion of workers at the subject firm, and no shift to/acquisition hardwood veneer. subject facility was totally or partially from a foreign country by the subject The negative determination was based separated, or threatened with such firm of articles like or directly on the findings that, during the relevant separation, during the relevant period. competitive with trailer axles. The period, there was no increase in imports The UAW asserts that the Department investigation also revealed that the of articles like or directly competitive has misinterpreted the statute and states subject firm did not supply a with the hardwood veneer produced by that ‘‘as many as 830 Visteon workers component part to a firm that employed the subject firm, and no shift to/ were notified that they would be a worker group eligible to apply for acquisition from a foreign country by replaced’’ and asserts that about 1,800 TAA and directly incorporated the the subject firm of articles like or workers were employed at the subject component part into the finished article directly competitive with hardwood firm. that was the basis for the TAA veneer. The investigation also revealed certification. that the subject firm did not supply a The Department has carefully component part to a firm that employed reviewed the request for reconsideration The request for reconsideration a worker group eligible to apply for and the existing record, and has alleges that the subject firm used to TAA and directly incorporated the determined that the Department will manufacture ‘‘drive axels housings, component part into the finished article conduct further investigation to steering arms, brake shoes and many that was the basis for the TAA determine if the workers meet the other components in the heavy truck certification. eligibility requirements of the Trade Act industry’’ in addition to trailer axels. The request for reconsideration of 1974, as amended. The Department has carefully asserts that the Department has Conclusion reviewed the request for reconsideration misinterpreted the statute to the and the existing record, and has detriment of the petitioning workers. After careful review of the determined that the Department will Specifically, the workers allege ‘‘the application, I conclude that the claim is conduct further investigation to Trade Act does not just look at whether of sufficient weight to justify determine if the workers meet the the subject firm increased imports, but ’’ reconsideration of the U.S. Department eligibility requirements of the Trade Act that imports increased in general. In of Labor’s prior decision. The support of the request for of 1974, as amended. application is, therefore, granted. reconsideration, the workers provided Signed at Washington, DC, this 7th day of Conclusion various articles regarding increased October 2010. imports of like or directly competitive After careful review of the articles from China, Canada, and other Del Min Amy Chen, application, I conclude that the claim is countries. Certifying Officer, Office of Trade Adjustment of sufficient weight to justify The Department has carefully Assistance. reconsideration of the U.S. Department reviewed the request for reconsideration [FR Doc. 2010–26897 Filed 10–22–10; 8:45 am] of Labor’s prior decision. The and the existing record, and has BILLING CODE 4510–FN–P application is, therefore, granted. determined that the Department will

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conduct further investigation to and provides employment listings for subject firm did not produce an article determine if the workers meet the various information technology support or supply a service that was used by a eligibility requirements of the Trade Act service positions at the subject firm’s firm with TAA-certified workers in the of 1974, as amended. India facility as support documentation. production of an article or supply The Department has carefully service that was basis for TAA- Conclusion reviewed the request for reconsideration Certification. After careful review of the and the existing record, and has The request for reconsideration was application, I conclude that the claim is determined that the Department will filed on behalf of a specific worker of sufficient weight to justify conduct further investigation to group—workers of the Ad Production- reconsideration of the U.S. Department determine if the workers meet the Graphics Division of SuperMedia, of Labor’s prior decision. The eligibility requirements of the Trade Act Middleton, Massachusetts. application is, therefore, granted. of 1974, as amended. The request for reconsideration alleges that because the workers of the Conclusion Signed at Washington, DC, this 7th day of Ad Production-Graphics Division are October 2010. After careful review of the separately identifiable from workers in Del Min Amy Chen, application, I conclude that the claim is other units of the subject firm, Certifying Officer, Office of Trade Adjustment of sufficient weight to justify information related to the Customer Assistance. reconsideration of the U.S. Department Care Department and other units are not [FR Doc. 2010–26895 Filed 10–22–10; 8:45 am] of Labor’s prior decision. The relevant and should not be the basis for application is, therefore, granted. BILLING CODE 4510–FN–P denying the Ad Production-Graphics Signed at Washington, DC, this 7th day of Division workers’ eligibility to apply for October 2010. TAA. The request asserts that the DEPARTMENT OF LABOR Del Min Amy Chen, supply of services provided by the Ad Certifying Officer, Office of Trade Adjustment Production-Graphics Division shifted to Employment and Training Assistance. India. Administration [FR Doc. 2010–26906 Filed 10–22–10; 8:45 am] The Department has carefully [TA–W–74,347] BILLING CODE 4510–FN–P reviewed the request for reconsideration and the existing record, and has NRC Corporation, USPS Help Desk of determined that the Department will Customer Care Center, Including On- DEPARTMENT OF LABOR conduct further investigation to Site Leased Workers of Volt determine if the workers meet the Consulting, West Columbia, SC; Notice Employment and Training eligibility requirements of the Trade Act of Affirmative Determination Regarding Administration of 1974, as amended. Application for Reconsideration [TA–W–74,290] Conclusion By application dated September 16, Supermedia LLC, Formerally Known as After careful review of the 2010, a worker requested administrative IDEARC Media LLC, Supermedia application, I conclude that the claim is reconsideration of the negative Information Services LLC, Client Care of sufficient weight to justify determination regarding workers’ Group and Publishing Operations reconsideration of the U.S. Department eligibility to apply for Trade Adjustment Group, Including On-Site Leased of Labor’s prior decision. The Assistance (TAA) applicable to workers Workers of Advavtage (TAC), application is, therefore, granted. and former workers of the subject firm. RESPRCCONN, TATACONSSV, MODIS, Signed at Washington, DC, this 7th day of The determination was issued on AMDOCS, and Database, Middleton, October 2010. August 16, 2010 and the Notice of MA; Notice of Affirmative Del Min Amy Chen, determination was published in the Determination Regarding Application Certifying Officer, Division of Trade Federal Register on September 3, 2010 for Reconsideration Adjustment Assistance. (75 FR 54187). The workers supply [FR Doc. 2010–26905 Filed 10–22–10; 8:45 am] information technology support services By application dated September 23, and are not separately identifiable by 2010, the petitioner requested BILLING CODE 4510–FN–P service supplied. administrative reconsideration of the The negative determination was based negative determination regarding DEPARTMENT OF LABOR on the findings that the worker workers’ eligibility to apply for Trade separations, or threat of separation, were Adjustment Assistance (TAA) Employment and Training not related to a shift in information applicable to workers and former Administration technology support service abroad or workers of the subject firm. The increased imports of like or directly determination was issued on September [TA–W–73,301] competitive services. The investigation 3, 2010 and the Notice of Determination Shieldalloy Metallurgical Corporation, also revealed that subject firm did not was published in the Federal Register A Subsidiary of AMG, Newfield, NJ; supply a service to a firm that employed on September 21, 2010 (75 FR 57517). Notice of Affirmative Determination a worker group eligible to apply for The workers supply customer service in Regarding Application for TAA and that directly used the services support of the subject firm’s customers Reconsideration in the production of an article or supply and internal publishing support of service that was basis for the TAA services. Workers are separately By application dated August 29, 2010, certification. identifiable by service supplied. a worker requested administrative The worker, in the request for The negative determination was based reconsideration of the negative reconsideration, disputes the on the findings there were no imports of determination regarding workers’ Department’s findings that the subject either customer service or publishing eligibility to apply for Trade Adjustment firm did not shift to India the supply of support services by the subject firm. The Assistance (TAA) applicable to workers like or directly competitive services, investigation also revealed that the and former workers of the subject firm.

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The determination was issued on July determination regarding workers’ DEPARTMENT OF LABOR 30, 2010, and the Notice of eligibility to apply for Trade Adjustment determination was published in the Assistance (TAA) applicable to workers Employment and Training Federal Register on August 13, 2010 (75 and former workers of the subject firm. Administration FR 49532). The workers provide storage The determination was issued on July [TA–W–72,971] services. 30, 2010 and the Notice of The negative determination was based Determination was published in the ASC Machine Tools, Inc., Spokane on the finding that a shift of production Federal Register on August 13, 2010 (75 Valley, WA; Notice of Affirmative to Canada in 2006 did not contribute FR 49532). The workers produce metal Determination Regarding Application importantly to separations at the subject stampings. for Reconsideration firm because, during the period of the investigation, the subject firm did not The negative determination was based By application dated September 21, produce an article; rather, the subject on the findings that there was no 2010, a representative of the firm provided storage services for other increase in imports of metal stampings International Association of Machinists subsidiaries of AMG, the parent (or like or directly competitive articles) and Aerospace Workers (IAM&AW), company, and those storage services by the subject firm or its customers, and District Lodge 751, requested were shifted to an affiliate domestic no shift to/acquisition from a foreign administrative reconsideration of the facility. In addition, the subject firm did country by the workers’ firm of article negative determination regarding not supply services to a firm that like or directly competitive with the workers’ eligibility to apply for Trade employed a worker group that is metal stampings produced by the Adjustment Assistance (TAA) currently eligible to apply for TAA. subject workers. The investigation also applicable to workers and former workers of ASC Machine Tools, Inc., The request for reconsideration revealed that the workers did not Spokane Valley, Washington (the alleges that the workers did not supply produce a component part that was used subject firm). The Notice of negative the services identified in the by a firm that employed workers eligible determination. The worker also states determination was issued on August 11, to apply for TAA and used the that the subject firm is in the process of 2010 and published in the Federal component parts in the production of permanently decommissioning and Register on August 30, 2010 (75 FR the article that was the basis for the shifted operations to various facilities 52986). The workers produce custom- throughout the United States as well as certification. order metal cutting machinery used to Canada, Brazil, England, and Mexico. The request for reconsideration form and cut metal, including The Department has carefully alleges that the subject firm supplied assembled equipment, component parts reviewed the request for reconsideration component parts to firms in the of equipment, and spare parts. and the existing record, and has automotive industry and asserts that The negative determination was based determined that the Department will increased imports of finished articles on the findings that the subject firm conduct further investigation to that contain foreign-made component sales decline was due to loss of export determine if the workers meet the parts like or directly competitive with sales of foreign customers’ bids to eligibility requirements of the Trade Act the metal stampings produced by the competitors outside the United States. of 1974, as amended. subject firm contributed importantly to The initial investigation also revealed decreased aggregate imports of metal separations at the Kankakee, Illinois Conclusion cutting equipment during the relevant facility. After careful review of the period and that the subject firm is not application, I conclude that the claim is The Department has carefully a supplier or downstream producer for of sufficient weight to justify reviewed the request for reconsideration any firm that employed a worker group reconsideration of the U.S. Department and the existing record, and has eligible to apply for TAA. of Labor’s prior decision. The determined that the Department will The union official, in the request for application is, therefore, granted. conduct further investigation to reconsideration, alleges increased Signed at Washington, DC, this 7th day of determine if the workers meet the imports from Sen Fung Rollform October 2010. eligibility requirements of the Trade Act Machinery Corporation in Taiwan and Del Min Amy Chen, of 1974, as amended. Metform International in Canada. The union official also articulates the Certifying Officer, Office of Trade Adjustment Conclusion Assistance. concern that ‘‘the affected workers are being penalized due to the inconsistent [FR Doc. 2010–26904 Filed 10–22–10; 8:45 am] After careful review of the customer base of the company’’ and BILLING CODE 4510–FN–P application, I conclude that the claim is requests that aggregate import data of sufficient weight to justify during 2007 and 2008 be considered. reconsideration of the U.S. Department DEPARTMENT OF LABOR The Department has carefully of Labor’s prior decision. The reviewed the request for reconsideration Employment and Training application is, therefore, granted. and the existing record, and has Administration Signed at Washington, DC, this 7th day of determined that the Department will conduct further investigation to [TA–W–73,156] October 2010. Del Min Amy Chen, determine if the workers meet the eligibility requirements of the Trade Act American Spring Wire Corporation, Certifying Officer, Office of Trade Adjustment Kankakee, IL; Notice of Affirmative Assistance. of 1974, as amended. Determination Regarding Application [FR Doc. 2010–26903 Filed 10–22–10; 8:45 am] Conclusion for Reconsideration BILLING CODE 4510–FN–P After careful review of the By application dated August 24, 2010, application, I conclude that the claim is workers requested administrative of sufficient weight to justify reconsideration of the negative reconsideration of the U.S. Department

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of Labor’s prior decision. The of sufficient weight to justify government authority. As a result of application is, therefore, granted. reconsideration of the U.S. Department recognition, employers may use Signed at Washington, DC, this 7th day of of Labor’s prior decision. The products approved by the NRTL to meet October 2010. application is, therefore, granted. OSHA standards that require product Del Min Amy Chen, Signed at Washington, DC, this 7th day of testing and certification. Certifying Officer, Office of Trade Adjustment October 2010. The Agency processes applications by Assistance. Del Min Amy Chen, an NRTL for initial recognition, or for [FR Doc. 2010–26902 Filed 10–22–10; 8:45 am] Certifying Officer, Office of Trade Adjustment expansion or renewal of this BILLING CODE 4510–FN–P Assistance. recognition, following requirements in [FR Doc. 2010–26901 Filed 10–22–10; 8:45 am] Appendix A to 29 CFR 1910.7. This BILLING CODE 4510–FN–P appendix requires that the Agency DEPARTMENT OF LABOR publish two notices in the Federal Register in processing an application. In Employment and Training DEPARTMENT OF LABOR the first notice, OSHA announces the Administration application and provides its preliminary [TA–W–72,949] Occupational Safety and Health finding and, in the second notice, the Administration Agency provides its final decision on Western Digital Technologies, Inc., [Docket No. OSHA–2006–0042] the application. These notices set forth Corporate Headquarters/Hard Drive the NRTL’s scope of recognition or Development Division, Lake Forest, Canadian Standards Association; modifications of that scope. OSHA CA; Notice of Affirmative Expansion of Recognition maintains an informational Web page Determination Regarding Application for each NRTL that details its scope of for Reconsideration AGENCY: Occupational Safety and Health Administration (OSHA), Labor. recognition. These pages are available By application dated September 14, from the Web site at http:// ACTION: Notice. 2010, workers requested administrative www.osha.gov/dts/otpca/nrtl/ reconsideration of the negative SUMMARY: This notice announces the index.html. Each NRTL’s scope of determination regarding workers’ Occupational Safety and Health recognition has three elements: (1) The eligibility to apply for Trade Adjustment Administration’s final decision type of products the NRTL may test, Assistance (TAA) applicable to workers expanding the recognition of the with each type specified by its and former workers of the subject firm. Canadian Standards Association as a applicable test standard; (2) the The Department’s Notice of negative Nationally Recognized Testing recognized site(s) that has/have the determination was issued on August 5, Laboratory under 29 CFR 1910.7. technical capability to perform the 2010 and published in the Federal DATES: The expansion of recognition testing and certification activities for Register on August 23, 2010 (75 FR becomes effective on October 25, 2010. test standards within the NRTL’s scope; 51849). The workers are engaged in and (3) the supplemental program(s) FOR FURTHER INFORMATION CONTACT: activity related to the supply of that the NRTL may use, each of which MaryAnn Garrahan, Director, Office of engineering services. allows the NRTL to rely on other parties The negative determination was based Technical Programs and Coordination to perform activities necessary for on the findings that the subject firm did Activities, NRTL Program, Occupational product testing and certification. Safety and Health Administration, U.S. not increase imports services supplied CSA submitted an application, dated by the worker’s firm and that there has Department of Labor, 200 Constitution Avenue, NW., Room N–3655, June 25, 2008, to expand its recognition not been a shift to a foreign country in to include five additional test standards. the supply of services by the subject Washington, DC 20210, or phone (202) 693–2110. The NRTL Program staff determined firm. The investigation also revealed that four of these standards (listed SUPPLEMENTARY INFORMATION: that the subject firm does not supply a below) are ‘‘appropriate test standards’’ service that was directly used in the Notice of Final Decision within the meaning of 29 CFR 1910.7(c). production of an article by a firm that In connection with this request, NRTL employed a worker group eligible to The Occupational Safety and Health Administration (OSHA) hereby gives Program staff did not perform any onsite apply for TAA. review of CSA’s recognized sites. The The request for reconsideration notice that it is expanding recognition of the Canadian Standards Association staff only performed a comparability alleges that increased imports of articles 1 (CSA) as a Nationally Recognized analysis, and recommended expansion (disk drives) that were produced of CSA’s recognition to include the directly using the services supplied by Testing Laboratory (NRTL). CSA’s expansion covers the use of additional additional four test standards listed the subject workers (engineering) below. The Agency subsequently contributed importantly to separations test standards. OSHA’s current scope of recognition for CSA may be found in the accepted this recommendation, and at the subject firm. published a preliminary notice The Department has carefully following informational Web page: announcing the expansion application reviewed the request for reconsideration http://www.osha.gov/dts/otpca/nrtl/ in the Federal Register on April 26, and the existing record, and has csa.html. 2010 (75 FR 21666). Comments were determined that the Department will OSHA recognition of an NRTL requested by May 11, 2010, but OSHA conduct further investigation to signifies that the organization has met received no comments in response to determine if the workers meet the the legal requirements specified in 29 this notice. OSHA is now proceeding eligibility requirements of the Trade Act CFR 1910.7. Recognition is an of 1974, as amended. acknowledgment that the organization can perform independent safety testing 1 This analysis involves determining whether the Conclusion testing and evaluation requirements of test and certification of the specific products standards already in an NRTL’s scope are After careful review of the covered within its scope of recognition, comparable to the requirements in the standards application, I conclude that the claim is and is not a delegation or grant of requested by the NRTL.

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with this final notice to grant CSA’s Instruction CPL 1–0.3, Appendix C, Signed at Washington, DC, on October 20, expansion application. paragraph XIV), any NRTL recognized 2010. All public documents pertaining to for a particular test standard may use David Michaels, the CSA application are available for either the proprietary version of the test Assistant Secretary of Labor for Occupational review by contacting the Docket Office, standard or the ANSI version of that Safety and Health. Occupational Safety and Health standard. Contact ANSI to determine [FR Doc. 2010–26887 Filed 10–22–10; 8:45 am] Administration, U.S. Department of whether a test standard is currently BILLING CODE 4510–26–P Labor, 200 Constitution Avenue, NW., ANSI-approved. Room N–2625, Washington, DC 20210. Conditions These materials also are available online DEPARTMENT OF LABOR at http://www.regulations.gov under CSA also must abide by the following Docket No. OSHA–2006–0042. conditions of the recognition, in Employment and Training Administration Final Decision and Order addition to those conditions already required by 29 CFR 1910.7: Notice of Determinations Regarding NRTL Program staff examined CSA’s 1. CSA must allow access to its Eligibility To Apply for Worker application, the comparability analysis, facilities and records to ascertain Adjustment Assistance and other pertinent information. Based continuing compliance with the terms on this examination and the analysis, of its recognition, and to perform In accordance with Section 223 of the OSHA finds that CSA meets the investigations as OSHA deems Trade Act of 1974, as amended (19 requirements of 29 CFR 1910.7 for necessary; U.S.C. 2273) the Department of Labor expansion of its recognition, subject to 2. If CSA has reason to doubt the herein presents summaries of the limitation and conditions specified efficacy of any test standard it is using determinations regarding eligibility to below. Pursuant to the authority in 29 under this program, it must promptly apply for trade adjustment assistance for CFR 1910.7, OSHA hereby expands the inform the test standard-developing workers by (TA–W) number issued recognition of CSA, subject to this organization of this concern, and during the period of October 4, 2010 limitation and these conditions. provide that organization with through October 8, 2010. In order for an affirmative Limitation appropriate relevant information upon determination to be made for workers of which its concern is based; OSHA limits the expansion of CSA’s a primary firm and a certification issued recognition to testing and certification 3. CSA must not engage in, or permit regarding eligibility to apply for worker of products for demonstration of others to engage in, any adjustment assistance, each of the group conformance to the following test misrepresentation of the scope or eligibility requirements of Section standards, each of which OSHA conditions of its recognition. As part of 222(a) of the Act must be met. determines is an appropriate test this condition, CSA agrees that it will I. Under Section 222(a)(2)(A), the standard, within the meaning of 29 CFR allow no representation that it is either following must be satisfied: 1910.7(c): a recognized or an accredited Nationally (1) A significant number or proportion UL 498A Current Taps and Adapters Recognized Testing Laboratory (NRTL) of the workers in such workers’ firm UL 515 Electrical Resistance Heat without clearly indicating the specific have become totally or partially Tracing for Commercial and Industrial equipment or material to which this separated, or are threatened to become Applications recognition applies and that its totally or partially separated; UL 1673 Electric Space Heating Cables recognition is limited to certain (2) The sales or production, or both, UL 1977 Component Connectors for products; of such firm have decreased absolutely; Use in Data, Signal, Control and 4. CSA must inform OSHA as soon as and Power Applications possible, in writing, of any change of (3) One of the following must be ownership, facilities, or key personnel, satisfied: The designations and titles of these test (A) Imports of articles or services like standards were current at the time of the and of any major changes in its operations as an NRTL, including or directly competitive with articles preparation of this notice. produced or services supplied by such OSHA’s recognition of any NRTL for details of these changes; 5. CSA will meet all the terms of its firm have increased; a particular test standard is limited to (B) Imports of articles like or directly recognition and will always comply equipment or materials (i.e., products) competitive with articles into which one with all OSHA policies pertaining to for which OSHA standards require or more component parts produced by this recognition; and third-party testing and certification such firm are directly incorporated, before use in the workplace. 6. CSA will continue to meet the have increased; Consequently, if a test standard also requirements for recognition in all areas (C) Imports of articles directly covers any product for which OSHA to which this recognition applies. incorporating one or more component does not require such testing and Authority and Signature parts produced outside the United certification, an NRTL’s scope of States that are like or directly recognition does not include that David Michaels, PhD, MPH, Assistant competitive with imports of articles product. Secretary of Labor for Occupational incorporating one or more component The American National Standards Safety and Health, 200 Constitution parts produced by such firm have Institute (ANSI) may approve the test Avenue, NW., Washington, DC 20210, increased; standards listed above as an American directed the preparation of this notice. (D) Imports of articles like or directly National Standard. However, for Accordingly, the Agency is issuing this competitive with articles which are convenience, we may use the notice pursuant to Sections 6(b) and 8(g) produced directly using services designation of the standards-developing of the Occupational Safety and Health supplied by such firm, have increased; organization for the standard as opposed Act of 1970 (29 U.S.C. 655 and 657), and to the ANSI designation. Under the Secretary of Labor’s Order No. 4–2010 (4) The increase in imports NRTL Program’s policy (see OSHA (75 FR 55355), and 29 CFR part 1911. contributed importantly to such

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workers’ separation or threat of In order for an affirmative (A) An affirmative determination of separation and to the decline in the determination to be made for adversely serious injury or threat thereof under sales or production of such firm; or affected secondary workers of a firm and section 202(b)(1); II. Section 222(a)(2)(B) all of the a certification issued regarding (B) An affirmative determination of following must be satisfied: eligibility to apply for worker market disruption or threat thereof (1) A significant number or proportion adjustment assistance, each of the group under section 421(b)(1); or of the workers in such workers’ firm eligibility requirements of Section (C) An affirmative final determination have become totally or partially 222(c) of the Act must be met. of material injury or threat thereof under separated, or are threatened to become (1) A significant number or proportion section 705(b)(1)(A) or 735(b)(1)(A) of totally or partially separated; of the workers in the workers’ firm have the Tariff Act of 1930 (19 U.S.C. (2) One of the following must be become totally or partially separated, or 1671d(b)(1)(A) and 1673d(b)(1)(A)); satisfied: are threatened to become totally or (2) The petition is filed during the 1- (A) There has been a shift by the partially separated; year period beginning on the date on workers’ firm to a foreign country in the (2) The workers’ firm is a Supplier or which— production of articles or supply of Downstream Producer to a firm that (A) A summary of the report services like or directly competitive employed a group of workers who submitted to the President by the with those produced/supplied by the received a certification of eligibility International Trade Commission under workers’ firm; under Section 222(a) of the Act, and section 202(f)(1) with respect to the (B) There has been an acquisition such supply or production is related to affirmative determination described in from a foreign country by the workers’ the article or service that was the basis paragraph (1)(A) is published in the firm of articles/services that are like or for such certification; and Federal Register under section 202(f)(3); directly competitive with those (3) Either— or produced/supplied by the workers’ firm; (A) The workers’ firm is a supplier (B) Notice of an affirmative and (3) The shift/acquisition contributed and the component parts it supplied to determination described in importantly to the workers’ separation the firm described in paragraph (2) subparagraph (1) is published in the or threat of separation. accounted for at least 20 percent of the Federal Register; and In order for an affirmative production or sales of the workers’ firm; (3) The workers have become totally determination to be made for adversely or or partially separated from the workers’ affected workers in public agencies and (B) A loss of business by the workers’ firm within— a certification issued regarding firm with the firm described in (A) The 1-year period described in eligibility to apply for worker paragraph (2) contributed importantly to paragraph (2); or adjustment assistance, each of the group the workers’ separation or threat of (B) Notwithstanding section 223(b)(1), eligibility requirements of Section separation. the 1-year period preceding the 1-year 222(b) of the Act must be met. In order for an affirmative period described in paragraph (2). (1) A significant number or proportion determination to be made for adversely affected workers in firms identified by Affirmative Determinations for Worker of the workers in the public agency have Adjustment Assistance become totally or partially separated, or the International Trade Commission and are threatened to become totally or a certification issued regarding The following certifications have been partially separated; eligibility to apply for worker issued. The date following the company (2) The public agency has acquired adjustment assistance, each of the group name and location of each from a foreign country services like or eligibility requirements of Section 222(f) determination references the impact directly competitive with services of the Act must be met. date for all workers of such which are supplied by such agency; and (1) The workers’ firm is publicly determination. (3) The acquisition of services identified by name by the International The following certifications have been contributed importantly to such Trade Commission as a member of a issued. The requirements of Section workers’ separation or threat of domestic industry in an investigation 222(a)(2)(A) (increased imports) of the separation. resulting in— Trade Act have been met.

TA–W No. Subject firm Location Impact date

73,568 ...... Scioto Plastics, LLC ...... Franklin Furnace, OH ...... February 24, 2009. 73,851 ...... Mueller Steam Specialty, Leased Workers from Staffing Alliance, St. Pauls, NC ...... April 5, 2009. Two Hawk Employment Agency. 74,091 ...... Moore Flame Cutting Co ...... Sterling Heights, MI ...... April 30, 2009. 74,145 ...... Briggs and Stratton Corp., EPPG Div., Adecco ...... Murray, KY ...... May 22, 2009. 74,181 ...... Cold Spring Granite Company, Granite Fabrication Division ...... Cold Spring, MN ...... June 2, 2009. 74,238 ...... Sitel Operating Corporation, Sitel Worldwide Corporation ...... Winfield, AL ...... June 2, 2009. 74,285 ...... Invensys Rail Corp., Safetran Systems Corporation, Ultimate Staffing Rancho Cucamonga, CA ...... June 17, 2009. 74,542 ...... Reiman Media Group, LLC, Premedia Department ...... Greendale, WI ...... August 18, 2009.

The following certifications have been services) of the Trade Act have been issued. The requirements of Section met. 222(a)(2)(B) (shift in production or

TA–W No. Subject firm Location Impact date

73,548 ...... R.G. Barry Corporation, Corporate Headquarters, Creative Group, Accounts, Pickerington, OH .. February 12, 2009. etc.

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TA–W No. Subject firm Location Impact date

73,814 ...... Triumph Aerostructures, LLC, Vought Aircraft, Vought Commercial, Johnson, Grand Prairie, TX March 26, 2009. etc. 74,150 ...... VMware, IT Applications Group, Subsidiary of EMC ...... Palo Alto, CA ...... May 24, 2009. 74,150A ...... VMware, Global Support Services Team, Subsidiary of EMC ...... Palo Alto, CA ...... May 24, 2009. 74,325 ...... ExxonMobil Chemical Company, Films Business Div., Manpower ...... Macedon, NY ...... June 25, 2009. 74,359 ...... SuperMedia, LLC, Idearc Media, Publishing Operation, TCS, ASEC, OKS .... Everett, WA ...... July 1, 2009. 74,379 ...... Phoenix Technology Center, Mattel, Inc., Leased Workers of Paradigm ...... Phoenix, AZ ...... July 12, 2009. 74,418 ...... Husqvarna Outdoor Products, Inc ...... Texarkana, TX ...... June 30, 2009. 74,426 ...... International Business Machines (IBM), Division 7T, Enterprise Systems De- Rochester, MN ..... July 22, 2009. velopment. 74,427 ...... Mattel, Inc., Infrastructure Services, Pro Unlimited, Inc ...... El Segundo, CA .... July 20, 2009. 74,514 ...... AstenJohnson, Inc., Leased Workers from SPB and Associates ...... Clinton, SC ...... August 3, 2009. 74,539 ...... Harris Corporation, Broadcast Communications Division ...... Chesapeake, VA .. August 18, 2009. 74,547 ...... HAVI Logistics, North America, Havi Group, LP, Leased Workers from Office Davis, CA ...... August 11, 2009. Team. 74,558 ...... United Solar Ovonic ...... Auburn Hills, MI .... August 23, 2009. 74,559 ...... Solo Cup Operating Corporation, Solo Cup Company, Pennmac Staffing ...... Springfield, MO ..... August 24, 2009. 74,593 ...... Whirlpool Corporation, Career Solutions, TEC Staffing ...... Fort Smith, AR ...... October 2, 2010. 74,611 ...... Schneider Electric USA, Volt Workforce Solutions ...... Knightdale, NC ..... August 27, 2009. 74,612 ...... Covidien, Accounts Payable Department, Kelly Services ...... Mansfield, MA ...... September 8, 2009. 74,620 ...... AMB Property, L.P., Property Accounting Group ...... Boston, MA ...... September 10, 2009. 74,628 ...... Di-Pro, Inc., Bendix-Spicer/Knorr-Bremse, Select ...... Fresno, CA ...... September 9, 2009. 74,642 ...... Covidien, Tyco Healthcare Group LP, Medical Supplies, Kelly Serv ...... Watertown, NY ..... September 17, 2010. 74,665 ...... Aegon USA, dba Transamerica Life Insurance Company ...... Chattanooga, TN .. September 20, 2009.

The following certifications have been are certified eligible to apply for TAA) issued. The requirements of Section of the Trade Act have been met. 222(c) (supplier to a firm whose workers

TA–W No. Subject firm Location Impact date

74,436 ...... Faurecia Automotive Seating, Troy Technical Center, Reliance One, Troy, MI ...... July 6, 2009. Trialon, EHD, etc.

The following certifications have been 222(c) (downstream producer for a firm apply for TAA) of the Trade Act have issued. The requirements of Section whose workers are certified eligible to been met.

TA–W No. Subject firm Location Impact date

73,913 ...... VersaLogic Corporation, Leased Workers from Barrett Business Serv- Eugene, OR ...... April 12, 2009. ices and Adecco. 74,305 ...... Hanesbrands, Inc., Annapolis Drive Facility ...... Winston-Salem, NC ...... June 18, 2009.

Negative Determinations for Worker criteria for worker adjustment assistance (b)(1), or (c)(1) (employment decline or Adjustment Assistance have not been met for the reasons threat of separation) of section 222 has specified. not been met. In the following cases, the The investigation revealed that the investigation revealed that the eligibility criterion under paragraph (a)(1), or

TA–W No. Subject firm Location Impact date

73,773 ...... V and S Detroit Galvanizing, LLC, Voigt and Schweitzer, LLC Redford, MI 74,623 ...... Frost Controls, Inc ...... Smithfield, RI

The investigation revealed that the (decline in sales or production, or both) services to a foreign country) of section criteria under paragraphs (a)(2)(A)(i) and (a)(2)(B) (shift in production or 222 have not been met.

TA–W No. Subject firm Location Impact date

74,551 ...... Vaughan Furniture Company ...... Galax, VA

The investigation revealed that the (increased imports) and (a)(2)(B) (shift country) of section 222 have not been criteria under paragraphs (a)(2)(A) in production or services to a foreign met.

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TA–W No. Subject firm Location Impact date

72,493 ...... Ananke, Inc ...... Providence, RI 74,291 ...... South Central Workforce Investment Board, Ozark Action, Inc ...... West Plains, MO

Determinations Terminating on the Department’s Web site, as The following determinations Investigations of Petitions for Worker required by Section 221 of the Act (19 terminating investigations were issued Adjustment Assistance U.S.C. 2271), the Department initiated because the petitioner has requested After notice of the petitions was investigations of these petitions. that the petition be withdrawn. published in the Federal Register and

TA–W No. Subject firm Location Impact date

74,544 ...... 3M IMTEC ...... Ardmore, OK 74,616 ...... Orbotech, Inc., A workers working on-site at TTM Technologies ...... Redmond, WA

The following determinations by at least three individuals of the therefore, may not be part of a terminating investigations were issued petitioning worker group. Petitioners petitioning worker group. For one or in cases where these petitions were not separated more than one year prior to more of these reasons, these petitions filed in accordance with the the date of the petition cannot be were deemed invalid. requirements of 29 CFR 90.11. Every covered under a certification of a petition filed by workers must be signed petition under Section 223(b), and

TA–W No. Subject firm Location Impact date

74,488 ...... Computer Sciences Corporation (CSC) ...... Newark, DE 74,496 ...... Hallmark Cards, Inc ...... Kansas City, MO

The following determinations workers are covered by active no purpose since the petitioning group terminating investigations were issued certifications. Consequently, further of workers cannot be covered by more because the petitioning groups of investigation in these cases would serve than one certification at a time.

TA–W No. Subject firm Location Impact date

74,103 ...... WellPoint, Inc., Doing business as Blue Cross/Blue Shield ...... Denver, CO

I hereby certify that the DEPARTMENT OF LABOR Avenue, NW., Room N–3655, aforementioned determinations were Washington, DC 20210, or phone (202) issued during the period of October 4, Occupational Safety and Health 693–2110. 2010 through October 8, 2010. Copies of Administration SUPPLEMENTARY INFORMATION: these determinations may be requested [Docket No. OSHA–2007–0041] Notice of Final Decision under the Freedom of Information Act. Requests may be submitted by fax, FM Approvals; Expansion of The Occupational Safety and Health courier services, or mail to FOIA Recognition Administration (OSHA) hereby gives Disclosure Officer, Office of Trade notice that it is expanding the AGENCY: Occupational Safety and Health recognition of FM Approvals LLC (FM) Adjustment Assistance (ETA), U.S. Administration (OSHA), Labor. Department of Labor, 200 Constitution as a Nationally Recognized Testing ACTION: Notice. Avenue, NW., Washington, DC 20210 or Laboratory (NRTL). FM’s expansion [email protected]. These covers the use of additional test SUMMARY: This notice announces the standards. OSHA’s current scope of determinations also are available on the Occupational Safety and Health Department’s Web site at http:// recognition for FM may be found in the Administration’s final decision following informational Web page: www.doleta.gov/tradeact under the expanding the recognition of FM http://www.osha.gov/dts/otpca/nrtl/ searchable listing of determinations. Approvals LLC as a Nationally fm.html. Dated: October 15, 2010. Recognized Testing Laboratory under 29 OSHA recognition of an NRTL CFR 1910.7. Elliott S. Kushner, signifies that the organization meets the DATES: The expansion of recognition Certifying Officer, Division of Trade legal requirements specified in 29 CFR Adjustment Assistance. becomes effective on October 25, 2010. 1910.7. Recognition is an [FR Doc. 2010–26768 Filed 10–22–10; 8:45 am] FOR FURTHER INFORMATION CONTACT: acknowledgment that the organization MaryAnn Garrahan, Director, Office of can perform independent safety testing BILLING CODE 4510–FN–P Technical Programs and Coordination and certification of the specific products Activities, NRTL Program, Occupational covered within its scope of recognition, Safety and Health Administration, U.S. and is not a delegation or grant of Department of Labor, 200 Constitution government authority. As a result of

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recognition, employers may use with this final notice to grant FM’s third-party testing and certification products approved by the NRTL to meet expansion application. before use in the workplace. OSHA standards that require product All public documents pertaining to Consequently, if a test standard also testing and certification. the FM application are available for covers any product for which OSHA The Agency processes applications by review by contacting the Docket Office, does not require such testing and an NRTL for initial recognition, or for Occupational Safety and Health certification, an NRTL’s scope of expansion or renewal of this Administration, U.S. Department of recognition does not include that recognition, following requirements in Labor, 200 Constitution Avenue, NW., product. Appendix A to 29 CFR 1910.7. This Room N–2625, Washington, DC 20210. The American National Standards appendix requires that the Agency These materials also are available online Institute (ANSI) may approve the test publish two notices in the Federal at http://www.regulations.gov under standards listed above as American Register in processing an application. In Docket No. OSHA–2007–0041. National Standards. However, for the first notice, OSHA announces the convenience, we may use the application and provides its preliminary Final Decision and Order designation of the standards-developing finding and, in the second notice, the NRTL Program staff examined FM’s organization for the standard as opposed Agency provides its final decision on application, the comparability analysis, to the ANSI designation. Under the the application. These notices set forth and other pertinent information. Based NRTL Program’s policy, any NRTL the NRTL’s scope of recognition or on this examination and the analysis, recognized for a particular test standard modifications of that scope. OSHA OSHA finds that FM meets the may use either the proprietary version maintains an informational Web page requirements of 29 CFR 1910.7 for of the test standard or the ANSI version for each NRTL that details its scope of expansion of its recognition, subject to of that standard. Contact ANSI to recognition. These pages are available the limitation and conditions specified determine whether a test standard is from the Web site at http:// below. Pursuant to the authority in 29 currently ANSI-approved. www.osha.gov/dts/otpca/nrtl/ CFR 1910.7, OSHA hereby expands the index.html. Each NRTL’s scope of recognition of FM, subject to this Conditions recognition has three elements: (1) The limitation and these conditions. FM also must abide by the following type of products the NRTL may test, conditions of the recognition, in with each type specified by its Limitation addition to those conditions already applicable test standard; (2) the OSHA limits the expansion of FM’s required by 29 CFR 1910.7: recognized site(s) that has/have the recognition to testing and certification 1. FM must allow OSHA access to its technical capability to perform the of products for demonstration of facilities and records to ascertain testing and certification activities for conformance to the following test continuing compliance with the terms test standards within the NRTL’s scope; standards, each of which OSHA of its recognition, and to perform and (3) the supplemental program(s) determines is an appropriate test investigations as OSHA deems that the NRTL may use, each of which standard, within the meaning of 29 CFR necessary; allows the NRTL to rely on other parties 1910.7(c): 2. If FM has reason to doubt the to perform activities necessary for UL 153 Portable Electric Luminaires 2 efficacy of any test standard it is using product testing and certification. UL 268A Smoke Detectors for Duct under this program, it must promptly FM submitted an application, dated Application inform the test standard-developing July 18, 2007, to expand its recognition UL 484 Room Air Conditioners organization of this concern, and to include 31 additional test standards. UL 521 Heat Detectors for Fire provide that organization with The NRTL Program staff deferred action Protective Signaling Systems appropriate relevant information upon on 20 of these standards pending UL 1480 Speakers for Fire Alarm, which its concern is based; resolution of technical issues. The staff Emergency, and Commercial and 3. FM must not engage in, or permit determined that ten of the remaining 11 Professional Use others to engage in, any standards are ‘‘appropriate test UL 1638 Visual Signaling misrepresentation of the scope or standards’’ within the meaning of 29 Appliances—Private Mode Emergency conditions of its recognition. As part of CFR 1910.7(c). In connection with this and General Utility Signaling this condition, FM agrees that it will request, NRTL Program staff did not FM 3210 Heat Detectors for Automatic allow no representation that it is either perform an onsite review of FM’s Fire Alarm Signaling a recognized or an accredited Nationally recognized sites. The staff only FM 7260 Electrostatic Finishing Recognized Testing Laboratory (NRTL) performed a comparability analysis,1 Equipment without clearly indicating the specific which determined that FM has the UL 61010A–1 Electrical Equipment for equipment or material to which this capabilities to perform the testing Laboratory Use; Part 1: General recognition applies and that its related to the ten standards (see list Requirements recognition is limited to certain below). The Agency subsequently UL 61010B–1 Electrical Measuring and products; accepted this recommendation, and Test Equipment; Part 1: General 4. FM must inform OSHA as soon as published a preliminary notice Requirements possible, in writing, of any change of announcing the expansion application The designations and titles of these ownership, facilities, or key personnel, in the Federal Register on March 2, test standards were current at the time and of any major changes in its 2010 (75 FR 9439). Comments were of the preparation of this notice. operations as an NRTL, including requested by March 17, 2010, but OSHA OSHA’s recognition of any NRTL for details of these changes; received no comments in response to a particular test standard is limited to 5. FM will meet all the terms of its this notice. OSHA is now proceeding equipment or materials (i.e., products) recognition and will always comply for which OSHA standards require with all OSHA policies pertaining to 1 This analysis involves determining whether the this recognition; and testing and evaluation requirements of test 6. FM will continue to meet the standards already in an NRTL’s scope are 2 FM requested recognition for UL 298—Portable comparable to the requirements in the standards Electric Hand Lamps, but this standard has been requirements for recognition in all areas requested by the NRTL. withdrawn and was superseded by UL 153. to which this recognition applies.

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Authority and Signature DEPARTMENT OF LABOR The petitioners or any other persons showing a substantial interest in the David Michaels, PhD, MPH, Assistant Employment and Training subject matter of the investigations may Secretary of Labor for Occupational Administration request a public hearing, provided such Safety and Health, 200 Constitution request is filed in writing with the Avenue, NW., Washington, DC 20210, Investigations Regarding Certifications Director, Division of Trade Adjustment directed the preparation of this notice. of Eligibility To Apply for Worker Assistance, at the address shown below, Accordingly, the Agency is issuing this Adjustment Assistance not later than November 4, 2010. notice pursuant to Sections 6(b) and 8(g) Petitions have been filed with the Interested persons are invited to of the Occupational Safety and Health Secretary of Labor under Section 221(a) submit written comments regarding the Act of 1970 (29 U.S.C. 655 and 657), of the Trade Act of 1974 (‘‘the Act’’) and subject matter of the investigations to Secretary of Labor’s Order No. 4–2010 are identified in the Appendix to this the Director, Division of Trade (75 FR 55355), and 29 CFR part 1911. notice. Upon receipt of these petitions, Adjustment Assistance, at the address shown below, not later than November Signed at Washington, DC, on October 20, the Director of the Division of Trade 4, 2010. Copies of these petitions may 2010. Adjustment Assistance, Employment be requested under the Freedom of David Michaels, and Training Administration, has instituted investigations pursuant to Information Act. Requests may be Assistant Secretary of Labor for Occupational Section 221(a) of the Act. submitted by fax, courier services, or Safety and Health. The purpose of each of the mail, to FOIA Disclosure Officer, Office [FR Doc. 2010–26894 Filed 10–22–10; 8:45 am] investigations is to determine whether of Trade Adjustment Assistance (ETA), BILLING CODE 4510–26–P the workers are eligible to apply for U.S. Department of Labor, 200 adjustment assistance under Title II, Constitution Avenue, NW., Washington, Chapter 2, of the Act. The investigations DC 20210 or to [email protected]. will further relate, as appropriate, to the Signed at Washington, DC, this 14th of determination of the date on which total October 2010. or partial separations began or Elliott S. Kushner, threatened to begin and the subdivision Certifying Officer, Division of Trade of the firm involved. Adjustment Assistance.

APPENDIX [TAA petitions instituted between 10/4/10 and 10/8/10]

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

74691 ...... Smurfit Stone Corporated (State/One-Stop) ...... Jacksonville, FL ...... 10/06/10 09/29/10 74692 ...... Bank of America (Workers) ...... Charlotte, NC ...... 10/06/10 09/24/10 74693 ...... UFE, Inc. (Workers) ...... El Paso, TX ...... 10/06/10 09/20/10 74694 ...... IAC Greencastle (Union) ...... Greencastle, IN ...... 10/06/10 10/05/10 74695 ...... Vico Company (Company) ...... Sumter, SC ...... 10/06/10 10/04/10 74696 ...... Motorola, Inc. (State/One-Stop) ...... Arlington Heights, IL ...... 10/06/10 09/22/10 74697 ...... Bank of America (Workers) ...... State College, PA ...... 10/06/10 09/15/10 74698 ...... Fraser, NH, LLC (Union) ...... Gorham, NH ...... 10/06/10 09/28/10 74699 ...... LabCorp (Workers) ...... Richardson, TX ...... 10/06/10 09/29/10 74700 ...... AT&T (Workers) ...... Reynoldsburg, OH ...... 10/06/10 09/29/10 74701 ...... Avaya, Inc. (State/One-Stop) ...... Prior Lake, MN ...... 10/06/10 10/05/10 74702 ...... Sperry and Rice Manufacturing Company, LLC (Workers) ... Killbuck, OH ...... 10/08/10 10/04/10 74703 ...... Aviat, U.S., Inc. (Company) ...... Santa Clara, CA ...... 10/08/10 10/06/10 74704 ...... SuperValu, Inc. (State/One-Stop) ...... Hopkins, MN ...... 10/08/10 10/06/10 74705 ...... Moll Industries (Workers) ...... Seagrove, NC ...... 10/08/10 10/04/10 74706 ...... Busch Agricultural Resources, LLC (Workers) ...... Manitowoc, WI ...... 10/08/10 09/01/10 74707 ...... Biomet (Workers) ...... Parsippany, NJ ...... 10/08/10 10/07/10

[FR Doc. 2010–26767 Filed 10–22–10; 8:45 am] DEPARTMENT OF LABOR Department’s Notice of affirmative BILLING CODE 4510–FN–P determination was published in the Employment and Training Federal Register on February 16, 2010 Administration (75 FR 7030). The workers are engaged [TA–W–70,395] in employment related to precision sheet metal fabrication. Dawson Metal Company, Inc., The initial negative determination Industrial Division, Jamestown, NY; based on the findings that the subject Notice of Negative Determination on firm did not increase their imports of Reconsideration articles like or directly competitive with the articles produced by the workers On January 21, 2010, the Department during the relevant period and did not of Labor issued an Affirmative shift to a foreign country the production Determination Regarding Application of like or directly competitive articles. for Reconsideration for the workers and Further, a survey of the major declining former workers of the subject firm. The customer of the subject firm regarding

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purchases of precision sheet metal directly competitive articles during the (1) If it appears on the basis of facts fabrication for 2007, 2008, and January relevant period, while the other not previously considered that the through April 2009 revealed decreased decreased its imports of like and determination complained of was imports. The investigation also revealed directly competitive articles by 98 erroneous; that the subject firm is not a supplier or percent during the same period. (2) If it appears that the determination downstream producer to a firm that During the reconsideration complained of was based on a mistake employed a worker group eligible to investigation, the Department contacted in the determination of facts not apply for Trade Adjustment Assistance a third company but did not survey the previously considered; or (TAA). customer because of the relatively (3) If in the opinion of the Certifying In the request for reconsideration, the insignificant scale of the customer’s Officer, a misinterpretation of facts or of petitioner alleged that, in November decline. The fourth customer was the the law justified reconsideration of the 2008, the subject firm’s largest customer customer identified in the request for decision. transferred forty percent of its base reconsideration. Because self check-out The negative determination of the contract for self check-out cabinets to a unit sales by the subject firm to this petition filed on behalf of workers at firm in Canada, and that the shift in customer increased during the relevant United Auto Workers Local 1999, supplier caused a downturn in business period (as stated above) and the workers Oklahoma City, Oklahoma, was based for the subject firm and the subsequent of the subject firm are separately on the findings that the workers at the worker separations. identifiable by product line, the subject firm did not supply services that In response to the request, the Department did not survey this support the production at the General Department sought further details about customer. Motors sport utility vehicle (SUV), the circumstances surrounding the Oklahoma City, Oklahoma plant, as separations, especially the relationship Conclusion alleged in the petition, and are not between the separations and the alleged After a careful review of information adversely-affected secondary workers. decline in sales to a customer which obtained during the reconsideration In the request for reconsideration, the allegedly began to outsource like and investigation and previously-submitted workers rely solely on the subject firm’s directly competitive articles from a information, I affirm the original notice relationship with the General Motors Canadian firm. of negative determination of eligibility SUV plant in Oklahoma City, The reconsideration investigation to apply for worker adjustment Oklahoma. Workers at that facility had been certified eligible to apply for TAA revealed that the workers are separately assistance for workers and former under TA–W–63,965 (issued on October identifiable by product line and that the workers of Dawson Metal Company, 8, 2008). The workers in the request for subject firm sold two types of precision Inc., Industrial Division, Jamestown, reconsideration states that ‘‘our firm is sheet metal fabrication to the customer New York. named in the request for still operating and servicing General reconsideration: Sheet metal cabinets Signed in Washington, DC, this 7th day of Motors and its workers/retirees’’ even for self check-out units, and sheet metal October 2010. though the plant at issue was parts to modify those basic cabinets to Del Min Amy Chen, permanently closed in September 2008. accommodate a variety of peripherals, Certifying Officer, Office of Trade Adjustment The workers also stated they are such as computers and cameras. Assistance. seeking TAA certification as The reconsideration investigation [FR Doc. 2010–26769 Filed 10–22–10; 8:45 am] secondarily-affected workers because regarding self check-out units revealed BILLING CODE 4510–FN–P the subject firm ‘‘was and is a suppler that the subject firm’s largest customer or downstream producer to the General did transfer a significant proportion of Motors SUV plant which employed a its purchases of such cabinets for self DEPARTMENT OF LABOR group of workers who received check-out units to a foreign source; certification of eligibility under Section however, during the relevant period Employment and Training 222(a) of the Act.’’ sales of these self check-out cabinets to Administration The initial investigation by the Department, however, and the this customer increased significantly. [TA–W–71,863] Further, an analysis revealed that, documentation of the subject firm’s although the subject firm’s share of United Auto Workers Local 1999, activities which accompanied the cabinet purchases by this customer Oklahoma City, OK; Notice of Negative request for reconsideration, reveal that declined, that customer so greatly Determination Regarding Application the subject firm is not a Supplier or increased the amount of its purchases of for Reconsideration Downstream Producer to the General self check-out cabinets overall that its Motors SUV plant at issue. Specifically, purchases of those items from the By application dated January 20, the headings given to the subject firm actually increased 2010, workers requested administrative documentation which accompanied the significantly. reconsideration of the Department’s request for reconsideration illustrate Additionally, during the negative determination regarding that the subject firm did not supply reconsideration investigation, the eligibility to apply for Trade Adjustment services to the General Motors SUV subject firm provided the Department Assistance (TAA), applicable to workers plant in Oklahoma City, Oklahoma that with the names of its four largest and former workers of United Auto were directly used in the production of declining customers. Workers Local 1999, Oklahoma City, the article that was the basis for During the course of the original Oklahoma (the subject firm). The certification of TA–W–63,965. For investigation, customer surveys were determination was signed on November example, under the overall heading of conducted for two firms which 23, 2009. The Notice of determination ‘‘Advertising, Publicity and Community accounted for 68% percent of the was published in the Federal Register Awareness’’ was ‘‘Annual Oklahoma decline in sales of the subject firm on January 25, 2010 (75 FR 3939). State Fair Booth’’; ‘‘Parades’’; ‘‘Trade during the first four months of 2009. Pursuant to 29 CFR 90.18(c) Shows’’ and under the overall heading Those surveys revealed that one reconsideration may be granted under of ‘‘Employee Classes/Services’’ was company did not import any like or the following circumstances: ‘‘Pre- and Post-Retirement Classes’’; ‘‘Job

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Fair’’; and ‘‘Calendars.’’ Other Pursuant to 29 CFR 90.18(c) Conclusion documentation appeared under the reconsideration may be granted under After review of the application and headings of ‘‘UAW–GM Golf the following circumstances: investigative findings, I conclude that Tournaments’’ and ‘‘Community Service (1) If it appears on the basis of facts there has been no error or & Charitable Activities.’’ not previously considered that the The petitioner did not supply facts misinterpretation of the law or of the determination complained of was facts which would justify not previously considered; nor provide erroneous; additional documentation indicating reconsideration of the Department of (2) If it appears that the determination Labor’s prior decision. Accordingly, the that there was either (1) a mistake in the complained of was based on a mistake determination of facts not previously application is denied. in the determination of facts not considered or (2) a misinterpretation of Signed in Washington, DC, this 7th day of previously considered; or facts or of the law justifying October 2010. reconsideration of the initial (3) If in the opinion of the Certifying Michael W. Jaffe, determination. Officer, a mis-interpretation of facts or Certifying Officer, Office of Trade Adjustment After careful review of the request for of the law justified reconsideration of Assistance. reconsideration, the Department the decision. [FR Doc. 2010–26774 Filed 10–22–10; 8:45 am] determines that 29 CFR 90.18(c) has not The negative determination of the BILLING CODE 4510–FN–P been met. TAA petition filed on behalf of workers at the subject firm was based on the Conclusion findings that there was neither a shift in DEPARTMENT OF LABOR After review of the application and the supply of claims processing and investigative findings, I conclude that customer service functions to a foreign Employment and Training there has been no error or country, nor imports of claims Administration misinterpretation of the law or of the processing and customer service facts which would justify functions during the relevant period, [TA–W–74,063] reconsideration of the Department of and that the subject firm is not a Labor’s prior decision. Accordingly, the supplier or downstream producer to a TRG Insurance Solutions, Beckley, application is denied. firm that employed a worker group WV; Notice of Revised Determination Signed in Washington, DC, this 7th day of eligible to apply for TAA. on Reconsideration October 2010. In the request for reconsideration, the By application dated August 12, 2010 Del Min Amy Chen, petitioner stated that the workers of the petitioners requested administrative subject firm should be eligible for TAA Certifying Officer, Office of Trade Adjustment reconsideration of the Department’s Assistance. based on a shift to a foreign country. negative determination regarding the [FR Doc. 2010–26772 Filed 10–22–10; 8:45 am] The petitioner also noted that workers at eligibility of workers and former other locations of Anthem Blue Cross BILLING CODE 4510–FN–P workers of TRG Insurance Solutions, Blue Shield are eligible to apply for Beckley, West Virginia, to apply for TAA, and urged the Department to ‘‘take Trade Adjustment Assistance. On DEPARTMENT OF LABOR a look at the entire company and review August 30, 2010, the Department issued this again and you will find that they a Notice of Affirmative Determination Employment and Training have outsourced to [a foreign country].’’ Administration Regarding Application for The Department has confirmed that Reconsideration. The Department’s [TA–W–74,327] workers at several other locations of Notice was published in the Federal Anthem Blue Cross Blue Shield are Register on September 13, 2010 (75 FR Anthem Blue Cross Blue Shield, Claim eligible to apply for TAA on the basis Management Services, Inc. Operations, 55612). Workers at the subject firm are of a shift to a foreign country; however, engaged in employment related to the a Division of Wellpoint, Inc., Green the workers at the subject facility supply Bay, WI; Notice of Negative supply of insurance call center services. services that are distinctly different and Based on the information obtained Determination Regarding Application separate from those supplied by workers for Reconsideration during the reconsideration at the other Anthem Blue Cross Blue investigation, the Department By application dated August 26, 2010, Shield locations, and the work that was determines that the subject firm shifted a petitioner requested administrative performed by Anthem Blue Cross Blue to a foreign country a significant reconsideration of the Department of Shield workers who are eligible to apply proportion of the services like or Labor’s negative determination for TAA based on a shift abroad had directly competitive with the insurance regarding eligibility to apply for Trade never been performed at the subject call center services supplied by the Adjustment Assistance (TAA), facility. subject workers. applicable to workers and former The petitioner did not supply facts workers of Anthem Blue Cross Blue not previously considered; nor provide Conclusion Shield, Claim Management Services, additional documentation indicating After careful review of the additional Inc. Operations, a Division of Wellpoint, that there was either (1) a mistake in the facts obtained during the Inc., Green Bay, Wisconsin (the subject determination of facts not previously reconsideration investigation, I firm). The Notice of determination was considered or (2) a misinterpretation of determine that workers of TRG signed on August 16, 2010, and was facts or of the law justifying Insurance Solutions, Beckley, West published in the Federal Register on reconsideration of the initial Virginia, who are engaged in September 3, 2010 (75 FR 54187). The determination. employment related to the supply of workers supply claims processing After careful review of the request for insurance call center services, meet the services and customer service functions, reconsideration, the Department worker group certification criteria under and are not separately identifiable by determines that 29 CFR 90.18(c) has not Section 222(a) of the Act, 19 U.S.C. service. been met. 2272(a). In accordance with Section 223

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of the Act, 19 U.S.C. 2273, I make the Based on the information obtained Notice of Affirmative Determination following certification: during the reconsideration Regarding Application for All workers of TRG Insurance Solutions, investigation, the Department Reconsideration. The Department’s Beckley, West Virginia, who became totally determines that a significant proportion Notice of affirmative determination was or partially separated from employment on or or number of workers at the subject firm published in the Federal Register on after May 7, 2009, through two years from the was totally or partially separated, or July 1, 2010, 2010 (75 FR 38126). date of this revised certification, and all threatened with such separation; that Workers at the subject firm are workers in the group threatened with total or the subject firm shifted to a foreign engaged in employment related to the partial separation from employment on date country the supply of services like or production of fine yarns and specialty of certification through two years from the directly competitive with the glass yarns. The worker group does not date of certification, are eligible to apply for engineering services supplied by adjustment assistance under Chapter 2 of include on-site leased workers. Title II of the Trade Act of 1974, as amended. workers at the subject firm; and that the Based on the information obtained subject worker group includes on-site during the reconsideration Signed in Washington, DC, this 6th day of leased workers of TEKsystems. investigation, the Department October, 2010. Conclusion determines that the subject firm shifted Del Min Amy Chen, abroad a meaningful proportion of Certifying Officer, Office of Trade Adjustment After careful review of the additional production of articles like or directly Assistance. facts obtained on reconsideration, I competitive with the fine yarns and/or [FR Doc. 2010–26773 Filed 10–22–10; 8:45 am] determine that workers of Xilinx, Inc., specialty glass yarns produced by the BILLING CODE 4510–FN–P including on-site leased workers of workers. TEKsystems, Albuquerque, New Mexico, who are engaged in Conclusion DEPARTMENT OF LABOR employment related to the supply of After careful review of the additional internal-use engineering services, meet facts obtained during the Employment and Training the worker group certification criteria reconsideration investigation, I Administration under Section 222(a) of the Act, 19 determine that workers of AGY Holding [TA–W–71,608] U.S.C. 2272(a). In accordance with Corporation, Huntingdon, Pennsylvania, Section 223 of the Act, 19 U.S.C. 2273, who are engaged in employment related Xilinx, Inc., Including On-Site Leased I make the following certification: to the production of fine yarns and Workers of TEKsystems, Albuquerque, All workers of Xilinx, Inc., including on- specialty glass yarns, meet the worker NM; Notice of Revised Determination site leased workers of TEKsystems, group certification criteria under on Reconsideration Albuquerque, New Mexico, who became Section 222(a) of the Act, 19 U.S.C. totally or partially separated from 2272(a). In accordance with Section 223 On January 25, 2010, the Department employment on or after July 7, 2008, through issued a Notice of Affirmative two years from the date of this certification, of the Act, 19 U.S.C. 2273, I make the Determination Regarding Application and all workers in the group threatened with following certification: for Reconsideration applicable to total or partial separation from employment All workers of AGY Holding Corporation, workers and former workers of Xilinx, on date of certification through two years Huntingdon, Pennsylvania, who became Inc., Albuquerque, New Mexico (the from the date of certification, are eligible to totally or partially separated from apply for adjustment assistance under employment on or after June 4, 2008, through subject firm). The Department’s Notice Chapter 2 of Title II of the Trade Act of 1974, was published in the Federal Register two years from the date of this revised as amended. certification, and all workers in the group on February 16, 2010 (75 FR 7031). The Signed in Washington, DC, this 7th day of threatened with total or partial separation workers are engaged in employment October 2010. from employment on date of certification related to the supply of internally used Del Min Amy Chen, through two years from the date of engineering services. certification, are eligible to apply for Certifying Officer, Office of Trade Adjustment In the request for reconsideration, adjustment assistance under Chapter 2 of Assistance. workers alleged that the subject firm has Title II of the Trade Act of 1974, as amended. shifted abroad the supply of services [FR Doc. 2010–26771 Filed 10–22–10; 8:45 am] like and directly competitive with the BILLING CODE 4510–FN–P Signed in Washington, DC, this 7th day of October, 2010. internal-use engineering services Del Min Amy Chen, supplied by the Albuquerque, New DEPARTMENT OF LABOR Mexico facility and provided Certifying Officer, Office of Trade Adjustment Assistance. documentation in support of the Employment and Training [FR Doc. 2010–26770 Filed 10–22–10; 8:45 am] allegation. The new documentation Administration included a February 29, 2008, BILLING CODE 4510–FN–P advertisement for a product engineer/ [TA–W–71,032] senior product engineer for one offshore AGY Holding Corporation, Huntingdon, location of Xilinx, Inc.; and a job PA; Notice of Revised Determination NATIONAL ARCHIVES AND RECORDS advertisement dated May 19, 2009, for on Reconsideration ADMINISTRATION integrated circuit test engineers and test equipment engineers for a Product and By application dated June 1, 2010 a Information Security Oversight Office Test Engineering Department of a union official requested administrative foreign Xilinx facility. reconsideration of the Department’s National Industrial Security Program During the reconsideration negative determination regarding the Policy Advisory Committee (NISPPAC) investigation, the Department carefully eligibility of workers and former AGENCY: Information Security Oversight reviewed the new information and workers of AGY Holding Corporation, Office, National Archives and Records previously submitted information, and Huntingdon, Pennsylvania, to apply for Administration. sought clarification from the subject Trade Adjustment Assistance (TAA). On ACTION: Notice of meeting. firm. June 21, 2010, the Department issued a

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SUMMARY: In accordance with the Comments received after that date will strategies utilized in infusing Federal Advisory Committee Act (5 be considered to the extent practicable. computational thinking across different U.S.C. app 2) and implementing FOR FURTHER INFORMATION CONTACT: contexts and disciplines, examine the regulation 41 CFR 101–6, Suzanne Plimpton, Reports Clearance development of communities of announcement is made for the following Officer, National Science Foundation, practitioners and the dissemination of committee meeting, to discuss National 4201 Wilson Boulevard, Suite 295, best practices around computational Industrial Security Program policy Arlington, Virginia 22230; telephone thinking, and analyze preliminary matters. (703) 292–7556; or send e-mail to evidence for how the CPATH program is preparing students for career options in DATES: The meeting will be held on [email protected]. Individuals who use the STEM workforce. Five overarching November 17, 2010 from 10 a.m. to 12 a telecommunications device for the evaluation questions will guide this p.m. deaf (TDD) may call the Federal program evaluation: (1) How is the ADDRESSES: National Archives and Information Relay Service (FIRS) at 1–800–877–8339 between 8 a.m. and CPATH program infusing computational Records Administration, 700 thinking into a wide range of disciplines Pennsylvania Avenue, NW., Archivist’s 8 p.m., Eastern time, Monday through Friday. You may obtain a copy of the serving undergraduate education? (2) Reception Room, Room 105, What is the evidence that university and Washington, DC 20408. data collection instruments and instructions from Ms. Plimpton. community college departments and SUPPLEMENTARY INFORMATION: This faculty are integrating computational SUPPLEMENTARY INFORMATION: meeting will be open to the public. thinking into their courses? (3) How are Title of Collection: Revitalizing However, due to space limitations and undergraduate students benefiting from Computing Pathways (CPATH) in access procedures, the name and participating in CPATH projects? (4) Undergraduate Education Program telephone number of individuals What is the evidence that the CPATH Evaluation. planning to attend must be submitted to program is developing communities of OMB Number: 3145–0211. the Information Security Oversight practitioners that regularly share best Expiration Date of Approval: March Office (ISOO) no later than Friday, practices across different contexts and 31, 2013. November 12, 2010. ISOO will provide disciplinary boundaries? (5) How is the Title of collection: Revitalizing additional instructions for gaining CPATH program promoting sustainable Computing Pathways (CPATH) in access to the location of the meeting. multi-sector partnerships that represent Undergraduate Education Program a broad range of stakeholders (e.g., FOR FURTHER INFORMATION CONTACT: Evaluation. industry, higher education, K12) and David O. Best, Senior Program Analyst, Type of request: Revised Clearance. contribute to workforce development ISOO, National Archives Building, 700 Abstract: The CPATH program was that supports continued U.S. leadership Pennsylvania Avenue, NW., established by the National Science in innovation? Answers to these Washington, DC 20408, telephone Foundation’s Computer & Information questions are currently obtained using number (202) 357–5123, or at Science & Engineering (CISE) division mixed evaluation methods including [email protected]. Contact ISOO at with a vision towards preparing a U.S. document analyses, site visit interviews, [email protected] and the NISPPAC at workforce with the computing and telephone interviews with selected [email protected]. competencies and skills imperative to CPATH grant participants including Dated: October 19, 2010. the Nation’s health, security, and principal investigators, staff, faculty, prosperity in the 21st century. This Mary Ann Hadyka, administrators, students, and external workforce includes a cadre of Committee Management Officer. partners. This revision of the existing computing professionals prepared to [FR Doc. 2010–26797 Filed 10–22–10; 8:45 am] data collection activities will now contribute to sustained U.S. leadership BILLING CODE 7515–01–P include new protocols for interviewing in computing in a wide range of faculty via phone, project evaluators, as application domains and career fields, well as edits to the previous protocols. and a broader professional workforce NATIONAL SCIENCE FOUNDATION Participation in CPATH program with knowledge and understanding of evaluation activities is a mandatory critical computing concepts, Agency Information Collection requirement for all CPATH awardees in methodologies, and techniques. To Activities: Proposed Collection; accordance with the America Competes achieve this vision, CISE/CPATH is Comment Request Act, H.R. 2272, and implementing calling for colleges and universities to directives. AGENCY: National Science Foundation. work together and with other Estimate of Burden: Public reporting ACTION: Notice. stakeholders (industry, professional burden for this collection of information societies, and other types of is estimated to average 1 hour per SUMMARY: The National Science organizations) to formulate and Foundation (NSF) is announcing plans response. implement plans to revitalize Respondents: Individuals. to request clearance of this collection. In undergraduate computing education in Estimated Number of Responses per accordance with the requirement of the United States. The full engagement Form: 400. section 3506(c)(2)(A) of the Paperwork of faculty and other individuals in CISE Estimated Total Annual Burden on Reduction Act of 1995 (Pub. L. 104–13), disciplines will be critical to success. Respondents: 400 hours (400 we are providing opportunity for public Successful CPATH projects will be respondents at 1 hour per response) comment on this action. After obtaining systemic in nature, address a broad Frequency of Response: One time. and considering public comment, NSF range of issues, and have significant Comments: Comments are invited on will prepare the submission requesting potential to contribute to the (a) Whether the proposed collection of that OMB approve clearance of this transformation and revitalization of information is necessary for the proper collection for no longer than three years. undergraduate computing education on performance of the functions of the DATES: Written comments on this notice a national scale. The qualitative data NSF, including whether the information must be received by December 27, 2010 collection of this program evaluation shall have practical utility; (b) the to be assured of consideration. will document CPATH program accuracy of the NSF’s estimate of the

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burden of the proposed collection of NATIONAL SCIENCE FOUNDATION National Science Board Office Senior information; (c) ways to enhance the Executive Service positions. quality, utility, and clarity of the Membership of National Science information on respondents, including Foundation’s Senior Executive Service SUMMARY: This announcement of the through the use of automated collection Performance Review Board membership of the National Science techniques or other forms of information Foundation’s Office of Inspector General AGENCY: National Science Foundation. technology; (d) ways to minimize the and National Science Board Office ACTION: burden of the collection of information Announcement of membership Senior Executive Service Performance on those who are to respond, including of the National Science Foundation’s Review Board is made in compliance through the use of appropriate Senior Executive Service Performance with 5 U.S.C. 4314(c)(4). automated, electronic, mechanical or Review Board. ADDRESSES: Comments should be addressed to Interim Director, Division other technological collection SUMMARY: This announcement of the of Human Resource Management and techniques or other forms of information membership of the National Science technology. Chief Human Capital Officer, National Foundation’s Senior Executive Service Science Foundation, Room 315, 4201 Dated: October 20, 2010. Performance Review Board is made in Wilson Boulevard, Arlington, VA 22230. compliance with 5 U.S.C. 4314(c)(4). Suzanne H. Plimpton, FOR FURTHER INFORMATION CONTACT: Dr. ADDRESSES: Reports Clearance Officer, National Science Comments should be Judith S. Sunley at the above address or Foundation. addressed to Interim Director, Division (703) 292–8180. of Human Resource Management and [FR Doc. 2010–26917 Filed 10–22–10; 8:45 am] SUPPLEMENTARY INFORMATION: The Chief Human Capital Officer, National BILLING CODE 7555–01–P membership of the National Science Science Foundation, Room 315, 4201 Board’s Senior Executive Service Wilson Boulevard, Arlington, VA 22230. Performance Review Board is as follows: FOR FURTHER INFORMATION CONTACT: Dr. NATIONAL SCIENCE FOUNDATION Arthur K. Reilly, Chairman, Audit and Judith S. Sunley at the above address or Oversight Committee, National Business and Operations Advisory (703) 292–8180. Science Board. Committee; Notice of Meeting SUPPLEMENTARY INFORMATION: The Judith S. Sunley, Interim Director, membership of the National Science Division of Human Resource In accordance with the Federal Foundation’s Senior Executive Service Management and Chief Human Advisory Committee Act (Pub. L. 92– Performance Review Board is as follows: Capital Officer. 463, as amended), the National Science Cora B. Marrett, Acting Deputy Director, Plus two members to be selected from Foundation announces the following Chairperson; the IG community. meeting: Richard A. Behnke, Head, Upper Atmosphere Research Section; Dated: October 18, 2010. Name: Business and Operations Advisory Judith S. Sunley, Committee (9556). Deborah F. Lockhart, Deputy Director, Interim Director, Division of Human Resource Date/Time: November 16, 2010; 1 p.m. to Division of Mathematical Sciences; Martha A. Rubenstein, Director, Office Management and Chief Human Capital 5:30 p.m. (EST). Officer. November 17, 2010; 8 a.m. to 12 p.m. of Budget, Finance and Award [FR Doc. 2010–26761 Filed 10–22–10; 8:45 am] (EST). Management, and Chief Financial Place: Arlington Hilton, Gallery II Officer; BILLING CODE 7555–01–M Conference Room. Arlington, VA. Brian W. Stone, Deputy Director, Type of Meeting: OPEN. Division of Antarctic Infrastructure Contact Person: Patty Balanga, National and Logistics Division; NUCLEAR REGULATORY Science Foundation, 4201 Wilson Boulevard, Judith S. Sunley, Interim Director, COMMISSION Arlington, VA 22230, (703) 292–8100. Division of Human Resource [Docket No. 50–346; NRC–2010–0298] Purpose of Meeting: To provide advice Management and Chief Human concerning issues related to the oversight, Capital Officer; Notice of Acceptance for Docketing of integrity, development and enhancement of Mark L. Weiss, Director, Division of the Application, Notice of Opportunity NSF’s business operations. Behavioral and Cognitive Sciences. for Hearing for Facility Operating Agenda Dated: October 18, 2010. License No. NPF–003 for an Additional Judith S. Sunley, 20-Year Period; Firstenergy Nuclear November 16, 2010 Interim Director, Division of Human Resource Operating Company, Davis-Besse Welcome/Introductions; OIRM/CIO/BFA Management and Chief Human Capital Nuclear Power Station, Unit 1 Updates; Human Resources/Capital Topic; Officer. The U.S. Nuclear Regulatory Committee Discussion: Prepare for Meeting [FR Doc. 2010–26763 Filed 10–22–10; 8:45 am] Commission (Commission or NRC) is with NSF Deputy Director; Discussion with BILLING CODE 7555–01–M Deputy Director; Closing Committee considering an application for the Discussion. renewal of operating licenses NPF–003, which authorizes FirstEnergy Nuclear NATIONAL SCIENCE FOUNDATION November 17, 2010 Power Operating Company (FENOC), to IT Policy Issues; Open Government; Membership of the National Science operate the Davis-Besse Nuclear Power International Facilities Subcommittee; Board’s Senior Executive Service Station (DBNPS), Unit 1, at 2817 Committee Expectations/Closing Discussions. Performance Review Board megawatts thermal. The renewed Dated: October 20, 2010. license would authorize the applicant to AGENCY: National Science Foundation. operate the DBNPS, for an additional 20 Susanne Bolton, ACTION: Announcement of Membership years beyond the period specified in the Committee Management Officer. of the National Science Foundation’s current license. DBNPS is located near [FR Doc. 2010–26850 Filed 10–22–10; 8:45 am] Performance Review Board for the Toledo, OH. The current operating BILLING CODE 7555–01–P Office of Inspector General and the license expires on April 22, 2017.

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FENOC submitted the application meetings will be the subject of a the Act to be made a party to the dated August 27, 2010, pursuant to Title separate Federal Register notice. proceeding; (2) the nature and extent of 10 of the Code of Federal Regulations, Within 60 days after the date of the requestor’s/petitioner’s property, part 54 (10 CFR part 54) to renew publication of this Federal Register financial, or other interest in the operating license NPF–003. A notice of notice, any person whose interest may proceeding; and (3) the possible effect of receipt and availability of the license be affected by this proceeding and who any decision or order which may be renewal application (LRA) was wishes to participate as a party in the entered in the proceeding on the published in the Federal Register on proceeding must file a written request requestor’s/petitioner’s interest. The September 20, 2010 (75 FR 57299). for a hearing and a petition for leave to petition must also set forth the specific The Commission has determined that intervene with respect to the renewal of contentions which the petitioner/ FENOC has submitted sufficient the license. requestor seeks to have litigated at the information in accordance with 10 CFR Requests for a hearing or petitions for proceeding. 54.19, 54.21, 54.22, 54.23, and 51.53(c), leave to intervene must be filed in Each contention must consist of a to enable the staff to undertake a review accordance with the Commission’s specific statement of the issue of law or of the application, and the application ‘‘Rules of Practice for Domestic fact to be raised or controverted. In is therefore acceptable for docketing. Licensing Proceedings and Issuance of addition, the requestor/petitioner shall The Commission will retain the current Orders’’ in 10 CFR Part 2. Interested provide a brief explanation of the bases Docket No. 50–346, for Operating persons should consult a current copy of each contention and a concise License No. PF–003. The determination of 10 CFR 2.309, which is available at statement of the alleged facts or the to accept the LRA for docketing does not the Commission’s Public Document expert opinion that supports the constitute a determination that a Room (PDR), located at One White Flint contention on which the requestor/ renewed license should be issued, and North, 11555 Rockville Pike (first floor), petitioner intends to rely in proving the does not preclude the NRC staff from Rockville, Maryland 20852 and is contention at the hearing. The requesting additional information as the accessible from the NRC’s Agencywide requestor/petitioner must also provide Documents Access and Management review proceeds. references to those specific sources and System (ADAMS) Public Electronic documents of which the requestor/ Before issuance of the requested Reading Room on the Internet at http:// petitioner is aware and on which the renewed license, the NRC will have www.nrc.gov/reading-rm/adams.html. requestor/petitioner intends to rely to made the findings required by the Persons who do not have access to the establish those facts or expert opinion. Atomic Energy Act of 1954, as amended Internet or who encounter problems in The requestor/petitioner must provide (the Act), and the Commission’s rules accessing the documents located in sufficient information to show that a and regulations. In accordance with 10 ADAMS should contact the NRC’s PDR genuine dispute exists with the CFR 54.29, the NRC may issue a reference staff by telephone at 1–800– applicant on a material issue of law or renewed license on the basis of its 397–4209, or 301–415–4737, or by e- fact.1 review if it finds that actions have been Contentions shall be limited to mail at [email protected]. If a matters within the scope of the action identified and have been or will be request for a hearing/petition for leave taken with respect to: (1) Managing the under consideration. The contention to intervene is filed within the must be one that, if proven, would effects of aging during the period of 60-day period, the Commission or a extended operation on the functionality entitle the requestor/petitioner to relief. presiding officer designated by the A requestor/petitioner who fails to of structures and components that have Commission or by the Chief been identified as requiring aging satisfy these requirements with respect Administrative Judge of the Atomic to at least one contention will not be management review, and (2) time- Safety and Licensing Board Panel will limited aging analyses that have been permitted to participate as a party. rule on the request and/or petition; and The Commission requests that each identified as requiring review, such that the Secretary or the Chief contention be given a separate numeric there is reasonable assurance that the Administrative Judge of the Atomic or alpha designation within one of the activities authorized by the renewed Safety and Licensing Board Panel will following groups: (1) Technical license will continue to be conducted in issue a notice of a hearing or an (primarily related to safety concerns); accordance with the current licensing appropriate order. In the event that no (2) environmental; or (3) miscellaneous. basis (CLB) and that any changes made request for a hearing or petition for As specified in 10 CFR 2.309, if two to the plant’s CLB will comply with the leave to intervene is filed within the 60- or more requestors/petitioners seek to Act and the Commission’s regulations. day period, the NRC may, upon co-sponsor a contention or propose Additionally, in accordance with 10 completion of its evaluations and upon substantially the same contention, the CFR 51.95(c), the NRC will prepare an making the findings required under 10 requestors/petitioners must jointly environmental impact statement that is CFR parts 51 and 54, renew the license designate a representative who shall a supplement to the Commission’s without further notice. have the authority to act for the NUREG–1437, ‘‘Generic Environmental As required by 10 CFR 2.309, a requestors/petitioners with respect to Impact Statement for License Renewal petition for leave to intervene shall set that contention. of Nuclear Power Plants,’’ dated May forth with particularity the interest of All documents filed in NRC 1996. In considering the LRA, the the petitioner in the proceeding, and adjudicatory proceedings, including a Commission must find that the how that interest may be affected by the request for hearing, a petition for leave applicable requirements of Subpart A of results of the proceeding, taking into to intervene, any motion or other 10 CFR part 51 have been satisfied, and consideration the limited scope of document filed in the proceeding prior that matters raised under 10 CFR 2.335 matters that may be considered have been addressed. Pursuant to 10 pursuant to 10 CFR parts 51 and 54. The 1 If the application contains attachments and CFR 51.26, and as part of the petition must specifically explain the supporting documents that are not publicly environmental scoping process, the staff reasons why intervention should be available because they are asserted to contain safeguards or proprietary information, petitioners intends to hold public scoping permitted with particular reference to desiring access to this information should contact meetings. Detailed information the following factors: (1) The nature of the applicant or applicant’s counsel to discuss the regarding the environmental scoping the requestor’s/petitioner’s right under need for a protective order.

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to the submission of a request for installation of the Web browser plug-in, service to the Office of the Secretary, hearing or petition to intervene, and is available on the NRC’s public Web Sixteenth Floor, One White Flint North, documents filed by interested site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, governmental entities participating submittals.html. Maryland 20852, Attention: Rulemaking under 10 CFR 2.315(c), must be filed in Once a participant has obtained a and Adjudications Staff. Participants accordance with the NRC E-Filing rule digital ID certificate and a docket has filing a document in this manner are (72 FR 49139, August 28, 2007). The E- been created, the participant can then responsible for serving the document on Filing process requires participants to submit a request for hearing or petition all other participants. Filing is submit and serve all adjudicatory for leave to intervene. Submissions considered complete by first-class mail documents over the internet, or in some should be in Portable Document Format as of the time of deposit in the mail, or cases to mail copies on electronic (PDF) in accordance with NRC guidance by courier, express mail, or expedited storage media. Participants may not available on the NRC public Web site at delivery service upon depositing the submit paper copies of their filings http://www.nrc.gov/site-help/e- document with the provider of the unless they seek an exemption in submittals.html. A filing is considered service. A presiding officer, having accordance with the procedures complete at the time the documents are granted an exemption request from described below. submitted through the NRC’s E-Filing using E-Filing, may require a participant To comply with the procedural system. To be timely, an electronic or party to use E-Filing if the presiding requirements of E-Filing, at least ten filing must be submitted to the E-Filing officer subsequently determines that the (10) days prior to the filing deadline, the system no later than 11:59 p.m. Eastern reason for granting the exemption from participant should contact the Office of Time on the due date. Upon receipt of use of E-Filing no longer exists. the Secretary by e-mail at a transmission, the E-Filing system Documents submitted in adjudicatory [email protected], or by telephone time-stamps the document and sends proceedings will appear in NRC’s at (301) 415–1677, to request (1) a the submitter an e-mail notice electronic hearing docket which is digital ID certificate, which allows the confirming receipt of the document. The available to the public at http:// participant (or its counsel or E-Filing system also distributes an e- ehd.nrc.gov/EHD_Proceeding/home.asp, representative) to digitally sign mail notice that provides access to the unless excluded pursuant to an order of documents and access the E-Submittal document to the NRC Office of the the Commission, or the presiding server for any proceeding in which it is General Counsel and any others who officer. Participants are requested not to participating; and (2) advise the have advised the Office of the Secretary include personal privacy information, Secretary that the participant will be that they wish to participate in the such as social security numbers, home submitting a request or petition for proceeding, so that the filer need not addresses, or home phone numbers in hearing (even in instances in which the serve the documents on those their filings, unless an NRC regulation participant, or its counsel or participants separately. Therefore, or other law requires submission of such representative, already holds an NRC- applicants and other participants (or information. With respect to issued digital ID certificate). Based upon their counsel or representative) must copyrighted works, except for limited this information, the Secretary will apply for and receive a digital ID excerpts that serve the purpose of the establish an electronic docket for the certificate before a hearing request/ adjudicatory filings and would hearing in this proceeding if the petition to intervene is filed so that they constitute a Fair Use application, Secretary has not already established an can obtain access to the document via participants are requested not to include electronic docket. the E-Filing system. copyrighted materials in their Information about applying for a A person filing electronically using submission. digital ID certificate is available on the agency’s adjudicatory E-Filing Detailed information about the license NRC’s public Web site at http:// system may seek assistance by renewal process can be found under the www.nrc.gov/site-help/e-submittals/ contacting the NRC Meta System Help Nuclear Reactors icon at http:// apply-certificates.html. System Desk through the ‘‘Contact Us’’ link www.nrc.gov/reactors/operating/ requirements for accessing the E- located on the NRC Web site at http:// licensing/renewal.html on the NRC’s Submittal server are detailed in NRC’s www.nrc.gov/site-help/e-submittals. Web site. Copies of the application to ‘‘Guidance for Electronic Submission,’’ html, by e-mail at renew the operating license for DBNPS which is available on the agency’s [email protected], or by a toll- are available for public inspection at the public Web site at http://www.nrc.gov/ free call at (866) 672–7640. The NRC Commission’s PDR, located at One site-help/e-submittals.html. Participants Meta System Help Desk is available White Flint North, 11555 Rockville Pike may attempt to use other software not between 8 a.m. and 8 p.m., Eastern (first floor), Rockville, Maryland 20852– listed on the Web site, but should note Time, Monday through Friday, 2738, and at http://www.nrc.gov/ that the NRC’s E-Filing system does not excluding government holidays. reactors/operating/licensing/renewal/ support unlisted software, and the NRC Participants who believe that they applications.html, the NRC’s Web site Meta System Help Desk will not be able have a good cause for not submitting while the application is under review. to offer assistance in using unlisted documents electronically must file an The application may be accessed in software. exemption request, in accordance with ADAMS through the NRC’s Public If a participant is electronically 10 CFR 2.302(g), with their initial paper Electronic Reading Room on the Internet submitting a document to the NRC in filing requesting authorization to at http://www.nrc.gov/reading-rm/ accordance with the E-Filing rule, the continue to submit documents in paper adams.html under ADAMS Accession participant must file the document format. Such filings must be submitted Number ML102450572. As stated above, using the NRC’s online, Web-based by: (1) First class mail addressed to the persons who do not have access to submission form. In order to serve Office of the Secretary of the ADAMS or who encounter problems in documents through EIE, users will be Commission, U.S. Nuclear Regulatory accessing the documents located in required to install a Web browser plug- Commission, Washington, DC 20555– ADAMS may contact the NRC PDR in from the NRC Web site. Further 0001, Attention: Rulemaking and Reference staff by telephone at 1–800– information on the Web-based Adjudications Staff; or (2) courier, 397–4209 or 301–415–4737, or by e-mail submission form, including the express mail, or expedited delivery to [email protected].

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The NRC staff has verified that a copy submit their views electronically should Manager, Sales and Communications, of the license renewal application is contact the person identified in the FOR Expedited Shipping, asserts that the also available to local residents near the FURTHER INFORMATION CONTACT section service to be provided under the site at the Ida Rupp Public Library, 310 by telephone for advice on alternatives contract will cover its attributable costs, Madison Street, Port Clinton, OH 43452 to electronic filing. make a positive contribution to and the Toledo-Lucas County Public FOR FURTHER INFORMATION CONTACT: institutional costs, and increase Library, 325 North Michigan Street, Stephen L. Sharfman, General Counsel, contribution toward the requisite 5.5 Toledo, OH 43604. [email protected] or 202–789– percent of the Postal Service’s total 6820. institutional costs. Id., Attachment D. Dated at Rockville, Maryland, this 18th day SUPPLEMENTARY INFORMATION: Thus, Mr. Denneny contends there will of October 2010. be no issue of subsidization of Table of Contents For the Nuclear Regulatory Commission. competitive products by market Brian E. Holian, I. Introduction dominant products as a result of this Director, Division of License Renewal, Office II. Notice of Filing contract. Id. of Nuclear Reactor Regulation. III. Ordering Paragraphs Related contract. A redacted version [FR Doc. 2010–26863 Filed 10–22–10; 8:45 am] I. Introduction of the specific Priority Mail Contract 29 is included with the Request. The BILLING CODE 7590–01–P Pursuant to 39 U.S.C. 3642 and 39 contract will become effective on the CFR 3020.30 et seq., the Postal Service day that the Commission provides all filed a formal request and associated necessary regulatory approvals. It is OCCUPATIONAL SAFETY AND supporting information to add Priority terminable upon 30 days’ notice by a HEALTH REVIEW COMMISSION Mail Contract 29 to the competitive party, but could continue for 3 years. product list.1 The Postal Service asserts Sunshine Act Meeting The Postal Service represents that the that Priority Mail Contract 29 is a contract is consistent with 39 U.S.C. competitive product ‘‘not of general TIME AND DATE: 3633(a). See id., Attachment D. 10:30 a.m. on Tuesday, applicability’’ within the meaning of 39 November 2, 2010. The Postal Service filed much of the U.S.C. 3632(b)(3). Id. at 1. The Postal supporting materials, including the PLACE: The Commission’s National Service states that prices and Office at One Lafayette Centre, 1120 specific Priority Mail Contract 29, under classification underlying this contract seal. It maintains that the contract and 20th Street, NW., 9th Floor, are supported by Governors’ Decision Washington, DC 20036–3457. related financial information, including No. 09–6 in Docket No. MC2009–25. Id. the customer’s name and the STATUS: This oral argument will be open The Request has been assigned Docket accompanying analyses that provide to the public. No. MC2011–3. prices, terms, conditions, cost data, and The Postal Service MATTERS TO BE CONSIDERED: The financial projections should remain contemporaneously filed a contract Commission will be hearing oral under seal. See Attachment F. It also related to the proposed new product argument in the case of Secretary of requests that the Commission order that pursuant to 39 U.S.C. 3632(b)(3) and 39 Labor v. AKM LLC d/b/a Volks the duration of such treatment of all CFR 3015.5. The contract has been Constructors, Docket No. 06–1990. customer-identifying information be assigned Docket No. CP2011–4. CONTACT PERSON FOR MORE INFORMATION: Request. In support of its Request, the extended indefinitely, instead of ending John X. Cerveny, Deputy Executive Postal Service filed six attachments as after 10 years. Id. at 7. Secretary, (202) 606–5400. follows: II. Notice of Filings John X. Cerveny, 1. Attachment A—a redacted copy of Governors’ Decision No. 09–6, originally The Commission establishes Docket Deputy Executive Secretary. Nos. MC2011–3 and CP2011–4 for [FR Doc. 2010–27077 Filed 10–21–10; 4:15 pm] filed in Docket No. MC2009–25, authorizing certain Priority Mail consideration of the Request pertaining BILLING CODE 7600–01–P contracts; to the proposed Priority Mail Contract 2. Attachment B—a redacted copy of 29 product and the related contract, the contract; respectively. POSTAL REGULATORY COMMISSION 3. Attachment C—a proposed change Interested persons may submit comments on whether the Postal [Docket Nos. MC2011–3 and CP2011–4; in the Mail Classification Schedule Order No. 556] competitive product list; Service’s filings in the captioned 4. Attachment D—a Statement of dockets are consistent with the policies New Postal Product Supporting Justification as required by of 39 U.S.C. 3632, 3633, or 3642 and 39 39 CFR 3020.32; CFR part 3015 and 39 CFR 3020, subpart AGENCY: Postal Regulatory Commission. 5. Attachment E—a certification of B. Comments are due no later than ACTION: Notice. compliance with 39 U.S.C. 3633(a); and October 13, 2010.2 The public portions 6. Attachment F—an application for of these filings can be accessed via the SUMMARY: The Commission is noticing a non-public treatment of materials to Commission’s Web site (http:// recently-filed Postal Service filing to maintain redacted portions of the www.prc.gov). add Priority Mail Contract 29 to the contract and supporting documents The Commission appoints Paul L. competitive product list. The Postal under seal. Harrington to serve as Public Service has also filed a related contract. In the Statement of Supporting Representative in these dockets. This notice addresses procedural steps Justification, Brian G. Denneny, Acting associated with the filing. III. Ordering Paragraphs ADDRESSES: Submit comments 1 Request of the United States Postal Service to It is Ordered: Add Priority Mail Contract 29 to Competitive electronically via the Commission’s Product List and Notice of Filing (Under Seal) of Filing Online system at http:// Contract and Supporting Data, October 4, 2010 2 For information on filing comments after the www.prc.gov. Commenters who cannot (Request). deadline, please contact Mr. Sharfman.

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1. The Commission establishes Docket that Priority Mail Contract 28 is a The Postal Service filed much of the Nos. MC2011–3 and CP2011–4 for competitive product ‘‘not of general supporting materials, including the consideration of the matters raised in applicability’’ within the meaning of 39 specific Priority Mail Contract 28, under each docket. U.S.C. 3632(b)(3). Id. at 1. The Postal seal. It maintains that the contract and 2. Pursuant to 39 U.S.C. 505, Paul L. Service states that prices and related financial information, including Harrington is appointed to serve as classification underlying this contract the customer’s name and the officer of the Commission (Public are supported by Governors’ Decision accompanying analyses that provide Representative) to represent the No. 09–6 in Docket No. MC2009–25. Id. prices, terms, conditions, cost data, and interests of the general public in these The Request has been assigned Docket financial projections should remain proceedings. No. MC2011–2. under seal. See Attachment F. It also 3. Comments by interested persons in The Postal Service requests that the Commission order that these proceedings are due no later than contemporaneously filed a contract the duration of such treatment of all October 13, 2010. related to the proposed new product customer-identifying information be 4. The Secretary shall arrange for pursuant to 39 U.S.C. 3632(b)(3) and 39 extended indefinitely, instead of ending publication of this order in the Federal CFR 3015.5. The contract has been after 10 years. Id. at 7. Register. assigned Docket No. CP2011–3. By the Commission. Request. In support of its Request, the II. Notice of Filing Postal Service filed six attachments as Shoshana M. Grove, follows: The Commission establishes Docket Secretary. 1. Attachment A—a redacted copy of Nos. MC2011–2 and CP2011–3 for [FR Doc. 2010–26787 Filed 10–22–10; 8:45 am] Governors’ Decision No. 09–6, originally consideration of the Request pertaining BILLING CODE 7710–FW–P filed in Docket No. MC2009–25, to the proposed Priority Mail Contract authorizing certain Priority Mail 28 product and the related contract, contracts; respectively. POSTAL REGULATORY COMMISSION 2. Attachment B—a redacted copy of Interested persons may submit the contract; [Docket Nos. MC2011–2 and CP2011–3; comments on whether the Postal Order No. 555] 3. Attachment C—a proposed change in the Mail Classification Schedule Service’s filings in the captioned New Postal Product competitive product list; dockets are consistent with the policies 4. Attachment D—a Statement of of 39 U.S.C. 3632, 3633, or 3642 and 39 AGENCY: Postal Regulatory Commission. Supporting Justification as required by CFR part 3015 and 39 CFR 3020, subpart ACTION: Notice. 39 CFR 3020.32; B. Comments are due no later than 5. Attachment E—a certification of October 13, 2010.2 The public portions SUMMARY: The Commission is noticing a compliance with 39 U.S.C. 3633(a); and of these filings can be accessed via the recently-filed Postal Service filing to 6. Attachment F—an application for Commission’s Web site (http:// add Priority Mail Contract 28 to the non-public treatment of materials to competitive product list. The Postal www.prc.gov). maintain redacted portions of the The Commission appoints Paul L. Service has also filed a related contract. contract and supporting documents Harrington to serve as Public This notice addresses procedural steps under seal. associated with the filing. In the Statement of Supporting Representative in these dockets. ADDRESSES: Submit comments Justification, Brian G. Denneny, Acting III. Ordering Paragraphs electronically via the Commission’s Manager, Sales and Communications, Filing Online system at http:// Expedited Shipping, asserts that the It is ordered: www.prc.gov. Commenters who cannot service to be provided under the 1. The Commission establishes Docket submit their views electronically should contract will cover its attributable costs, Nos. MC2011–2 and CP2011–3 for contact the person identified in the FOR make a positive contribution to consideration of the matters raised in FURTHER INFORMATION CONTACT section institutional costs, and increase each docket. by telephone for advice on alternatives contribution toward the requisite to electronic filing. 5.5 percent of the Postal Service’s total 2. Pursuant to 39 U.S.C. 505, Paul L. FOR FURTHER INFORMATION CONTACT: institutional costs. Id., Attachment D. Harrington is appointed to serve as Stephen L. Sharfman, General Counsel, Thus, Mr. Denneny contends there will officer of the Commission (Public [email protected] or 202–789– be no issue of subsidization of Representative) to represent the 6820. competitive products by market interests of the general public in these SUPPLEMENTARY INFORMATION: dominant products as a result of this proceedings. contract. Id. 3. Comments by interested persons in Table of Contents Related contract. A redacted version these proceedings are due no later than I. Introduction of the specific Priority Mail Contract 28 October 13, 2010. II. Notice of Filing is included with the Request. The 4. The Secretary shall arrange for III. Ordering Paragraphs contract will become effective on the day that the Commission provides all publication of this order in the Federal I. Introduction necessary regulatory approvals. It is Register. Pursuant to 39 U.S.C. 3642 and 39 terminable upon 30 days’ notice by a By the Commission. CFR 3020.30 et seq., the Postal Service party, but could continue for 3 years. Shoshana M. Grove, filed a formal request and associated The Postal Service represents that the Secretary. supporting information to add Priority contract is consistent with 39 U.S.C. [FR Doc. 2010–26814 Filed 10–22–10; 8:45 am] Mail Contract 28 to the competitive 3633(a). See id., Attachment D. product list.1 The Postal Service asserts BILLING CODE 7710–FW–P Product List and Notice of Filing (Under Seal) of 1 Request of the United States Postal Service to Contract and Supporting Data, October 4, 2010 2 For information about filing after the comment Add Priority Mail Contract 28 to Competitive (Request). deadline, contact Mr. Sharfman.

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POSTAL REGULATORY COMMISSION originally filed in Docket No. MC2010– dockets are consistent with the policies 5, authorizing certain Express Mail of 39 U.S.C. 3632, 3633, or 3642 and 39 [Docket Nos. MC2011–1 and CP2011–2; Order No. 554] contracts; CFR part 3015 and 39 CFR 3020, subpart 2. Attachment B—a redacted copy of B. Comments are due no later than New Postal Product the contract; October 13, 2010. The public portions of 3. Attachment C—a proposed change these filings can be accessed via the AGENCY: Postal Regulatory Commission. in the Mail Classification Schedule Commission’s Web site (http:// ACTION: Notice. competitive product list; www.prc.gov). 4. Attachment D—a Statement of The Commission appoints Paul L. SUMMARY: The Commission is noticing a Supporting Justification as required by Harrington to serve as Public recently-filed Postal Service filing to 39 CFR 3020.32; Representative in these dockets. add Express Mail Contract 9 to the 5. Attachment E—a certification of competitive product list. The Postal compliance with 39 U.S.C. 3633(a); and III. Ordering Paragraphs Service has also filed a related contract. 6. Attachment F—an application for It is ordered: This notice addresses procedural steps non-public treatment of materials to 1. The Commission establishes Docket associated with the filing. maintain redacted portions of the Nos. MC2011–1 and CP2011–2 for ADDRESSES: Submit comments contract and supporting documents consideration of the matters raised in electronically via the Commission’s under seal. each docket. Filing Online system at http:// In the Statement of Supporting 2. Pursuant to 39 U.S.C. 505, Paul L. www.prc.gov. Commenters who cannot Justification, Brian G. Denneny, Acting Harrington is appointed to serve as submit their views electronically should Manager, Sales and Communications, officer of the Commission (Public contact the person identified in the FOR Expedited Shipping, asserts that the Representative) to represent the FURTHER INFORMATION CONTACT section service to be provided under the interests of the general public in these by telephone for advice on alternatives contract will cover its attributable costs, proceedings. to electronic filing. make a positive contribution to 3. Comments by interested persons in institutional costs, and increase these proceedings are due no later than FOR FURTHER INFORMATION CONTACT: contribution toward the requisite 5.5 October 13, 2010. Stephen L. Sharfman, General Counsel, percent of the Postal Service’s total 4. The Secretary shall arrange for [email protected] or 202–789– institutional costs. Id., Attachment D. publication of this order in the Federal 6820. Thus, Mr. Denneny contends there will Register. SUPPLEMENTARY INFORMATION: be no issue of subsidization of By the Commission. Table of Contents competitive products by market Shoshana M. Grove, dominant products as a result of this Secretary. I. Introduction contract. Id. II. Notice of Filing Related contract. A redacted version [FR Doc. 2010–26831 Filed 10–22–10; 8:45 am] III. Ordering Paragraphs of the specific Express Mail Contract 9 BILLING CODE 7710–FW–P I. Introduction is included with the Request. The contract will become effective the day Pursuant to 39 U.S.C. 3642 and 39 SMALL BUSINESS ADMINISTRATION CFR 3020.30 et seq., the Postal Service that the Commission provides all filed a formal request and associated necessary regulatory approvals. It is terminable upon 30 days’ notice by a Data Collection Available for Public supporting information to add Express Comments and Recommendations Mail Contract 9 to the competitive party but could continue for 3 years. product list.1 The Postal Service asserts The Postal Service represents that the ACTION: Notice and request for that Express Mail Contract 9 is a contract is consistent with 39 U.S.C. comments. competitive product ‘‘not of general 3633(a). See id., Attachment D. applicability’’ within the meaning of 39 The Postal Service maintains that the SUMMARY: In accordance with the U.S.C. 3632(b)(3). Id. at 1. The Postal contract and related financial Paperwork Reduction Act of 1995, this Service states that prices and information, including the customer’s notice announces the Small Business classification underlying this contract name and the accompanying analyses Administration’s intentions to request are supported by Governors’ Decision that provide prices, terms, conditions, approval on a new and/or currently No. 09–14 in Docket No. MC2010–5. Id. cost data, and financial projections approved information collection. The Request has been assigned Docket should remain under seal. See DATES: Submit comments on or before No. MC2011–1. Attachment F. It also requests that the December 27, 2010. Commission order that the duration of The Postal Service ADDRESSES: Send all comments contemporaneously filed a contract such treatment of all customer- regarding whether this information related to the proposed new product identifying information be extended collection is necessary for the proper pursuant to 39 U.S.C. 3632(b)(3) and 39 indefinitely, instead of ending after 10 performance of the function of the CFR 3015.5. The contract has been years. Id. at 7. agency, whether the burden estimates assigned Docket No. CP2011–2. II. Notice of Filings are accurate, and if there are ways to Request. In support of its Request, the The Commission establishes Docket minimize the estimated burden and Postal Service filed six attachments as Nos. MC2011–1 and CP2011–2 for enhance the quality of the collection, to follows: consideration of the Request pertaining George Solomon, Senior Policy Advisor, 1. Attachment A—a redacted copy of to the proposed Express Mail Contract 9 Office of Entrepreneurial Education, Governors’ Decision No. 09–14, product and the related contract, Small Business Administration, 409 3rd respectively. Street, 6th Floor, Washington, DC 1 Request of the United States Postal Service to 20416. Add Express Mail Contract 9 to Competitive Interested persons may submit Product List and Notice of Filing (Under Seal) of comments on whether the Postal FOR FURTHER INFORMATION CONTACT: Supporting Data, October 4, 2010 (Request). Service’s filings in the captioned George Solomon, Office of Senior

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Policy, 202–205–7426 7(b) of the Act. The provision authorizes Authority: 15 U.S.C. 657n and 13 CFR [email protected] Curtis B. Rich, SBA to provide an 85 percent guarantee § 123.703(e). Management Analyst, 202–205–7030 on loans made by participating lenders Eric R. Zarnikow, [email protected]. for up to $25,000. The intent of the Associate Administrator, Office of Capital SUPPLEMENTARY INFORMATION: The Office IDAP loan program is to provide bridge Access. of Entrepreneurial Development (ED) financing as quickly and as prudently as [FR Doc. 2010–26921 Filed 10–22–10; 8:45 am] needs to collect information on the possible following a declared disaster BILLING CODE 8025–01–P impact of training programs delivered while the business is awaiting approval by both its resource partners—SCORE, for permanent financing through a SBDC and WBCs and focused initiatives direct disaster loan from SBA. SECURITIES AND EXCHANGE like E200 using a uniform methodology Agency regulations implementing the COMMISSION in order to provide generally accepted IDAP loan program state that the outcome measures and to report to [Investment Company Act Release No. IC– maximum interest rates an IDAP Lender 29464; 812–13808] Congress and the President on these may charge an IDAP Borrower during programs. Respondents are small the Initial Period and Term Period will Citigroup Global Markets Inc., et al.; business owners and potential small be published in the Federal Register Notice of Application and Temporary business owners from throughout the from time to time. 13 CFR 123.703(e). Order U.S. and the territories. Title: ‘‘Impact of Training Programs.’’ This notice establishes the maximum October 19, 2010. Description of Respondents: Small interest rates for IDAP loans as follows: AGENCY: Securities and Exchange business owners and potential small Initial Period: The maximum interest Commission (‘‘Commission’’). business owners from throughout the rate an IDAP Lender may charge an ACTION: Temporary order and notice of U.S. and the territories. IDAP Borrower during the Initial Period application for a permanent order under Form Number: N/A. (as defined in 13 CFR 123.700(b)(1)) is section 9(c) of the Investment Company Annual Responses: 600,000. the prime rate in effect on the first Act of 1940 (‘‘Act’’). Annual Burden: 100,000. business day of the month in which SBA receives the IDAP loan application, SUMMARY: Summary of Application: Jacqueline White, Applicants have received a temporary Chief, Administrative Information Branch. as printed in a national financial newspaper published each business order exempting them from section 9(a) [FR Doc. 2010–26790 Filed 10–22–10; 8:45 am] of the Act, with respect to an injunction day, plus one percentage point. The BILLING CODE P entered against Citigroup Inc. interest rate must remain fixed while (‘‘Citigroup’’) on October 19, 2010 by the the IDAP loan is in the Initial Period. United States District Court for the SMALL BUSINESS ADMINISTRATION Term Period: In the event that the District of Columbia (the ‘‘Injunction’’), IDAP loan enters the Term Period (as until the Commission takes final action Immediate Disaster Assistance defined in 13 CFR 123.700(b)(17)), the on an application for a permanent order. Program (IDAP) interest rate may remain fixed at a rate Applicants also have applied for a AGENCY: U.S. Small Business not to exceed the maximum rate for the permanent order. Administration (SBA). Initial Period as described above or may Applicants: Citigroup Global Markets ACTION: Notice of IDAP loan program begin to fluctuate at a variable rate that Inc. (‘‘CGMI’’), CEFOF GP I Corp. interest rates. is not more than the prime rate in effect (‘‘CEFOF’’), CELFOF GP Corp. on the first business day of the month (‘‘CELFOF’’), Citibank, N.A. (‘‘Citibank’’), SUMMARY: This Notice announces the in which the Term Period begins, as Citigroup Alternative Investments LLC maximum allowable rates for Immediate printed in a national financial (‘‘Citigroup Alternative’’), Consulting Disaster Assistance Program (IDAP) newspaper published each business Group Advisory Services LLC ‘‘ ’’ loans. day, plus one percentage point. If the ( Advisory Services ), Citigroup Capital Partners I GP I Corp. (‘‘CCP I’’), and DATES: Effective Date: The interest rate rate during the Term Period is a variable Citigroup Capital Partners I GP II Corp. is effective October 25, 2010. rate, the lender must specify in the Note (‘‘CCP II’’) (collectively, ‘‘Applicants’’).1 FOR FURTHER INFORMATION CONTACT: the frequency at which the interest rate DATES: Filing Date: The application was Grady Hedgespeth, Director of Financial adjustment will occur (the ‘‘adjustment filed on July 29, 2010 and amended on Assistance, at (202) 205–7562 or period’’), and such adjustments may not July 30, 2010, and amended on October [email protected]. occur more frequently than monthly. 19, 2010. SUPPLEMENTARY INFORMATION: The Food, The lender shall adjust the interest rate Hearing or Notification of Hearing: An Conservation, and Energy Act of 2008 on the first calendar day of each order granting the application will be (the Farm Act), Public Law 110–246, adjustment period using the prime rate issued unless the Commission orders a enacted June 18, 2008, amended the in effect on the first business day of the hearing. Interested persons may request Small Business Act (the Act) and adjustment period, plus one percentage a hearing by writing to the authorized changes to make SBA’s point. The change in interest rate is Commission’s Secretary and serving disaster assistance program more effective on that day whether or not the Applicants with a copy of the request, accessible to disaster victims. One lender gives the borrower notice of the personally or by mail. Hearing requests provision included in the Farm Act change. The adjustment period may not should be received by the Commission requires SBA to implement an be changed without the written Immediate Disaster Assistance Program agreement of the borrower. 1 Applicants request that any relief granted pursuant to the application also apply to any other (IDAP) to provide interim loans to Any future change to interest rates on businesses affected by a disaster that company of which Citigroup is or hereafter may IDAP Loans will be published in the become an affiliated person within the meaning of meet the basic eligibility standards for a Federal Register. section 2(a)(3) of the Act (together with the disaster loan authorized under section Applicants, the ‘‘Covered Persons’’).

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by 5:30 p.m. on November 12, 2010, and affiliates (‘‘ESCs’’ and included in the disqualification provisions of section should be accompanied by proof of term ‘‘Funds’’).2 9(a) if it is established that these service on Applicants, in the form of an 2. On October 19, 2010, the United provisions, as applied to the Applicants, affidavit, or for lawyers, a certificate of States District Court for the District of are unduly or disproportionately severe service. Hearing requests should state Columbia (‘‘District Court’’) entered a or that the Applicants’ conduct has been the nature of the writer’s interest, the judgment against Citigroup (‘‘Judgment’’) such as not to make it against the public reason for the request, and the issues in a matter brought by the Commission.3 interest or the protection of investors to contested. Persons who wish to be The Commission alleged in the grant the exemption. Applicants have notified of a hearing may request complaint (‘‘Complaint’’) that Citigroup filed an application pursuant to section notification by writing to the had violated section 17(a)(2) of the 9(c) seeking a temporary and permanent Commission’s Secretary. Securities Act of 1933 and section 13(a) order exempting them and Covered of the Exchange Act and Exchange Act Persons from the disqualification ADDRESSES: Secretary, U.S. Securities rules 12b–20 and 13a–11 in connection provisions of section 9(a) of the Act. and Exchange Commission, 100 F with disclosures made between July 3. Applicants believe they meet the Street, NE., Washington, DC 20549– 2007 and October 2007 about the standard for exemption specified in 1090. Applicants: CGMI, CEFOF, subprime exposure in Citigroup’s section 9(c). Applicants state that the CELFOF, CCP I and CCP II, 388 investment banking unit. Without prohibitions of section 9(a) as applied to Greenwich Street, New York, NY 10013; admitting or denying the allegations in the Applicants would be unduly and Citibank, 399 Park Avenue, New York, the Complaint, except as to jurisdiction, disproportionately severe and that the NY 10043; Citigroup Alternative, 731 Citigroup consented to the entry of the conduct of Applicants has been such as Lexington Avenue, 28th Floor, New Judgment that included, among other not to make it against the public interest York, NY 10022; and Advisory Services, things, the entry of the Injunction, a or the protection of investors to grant 222 Delaware Avenue, Wilmington, DE civil penalty of $75 million, and certain the exemption from section 9(a). 19801. undertakings requested by the District 4. Applicants state that the alleged FOR FURTHER INFORMATION CONTACT: Court. conduct giving rise to the Injunction did Laura J. Riegel, Senior Counsel, at (202) not involve any of the Applicants acting 551–6873, or Mary Kay Frech, Branch Applicants’ Legal Analysis in the capacity of investment adviser, Chief, at (202) 551–6821 (Division of 1. Section 9(a)(2) of the Act, in subadviser or depositor to a Fund, or Investment Management, Office of relevant part, prohibits a person who principal underwriter for any Fund, and Investment Company Regulation). has been enjoined from engaging in or no such Funds bought or held any securities issued by Citigroup during the SUPPLEMENTARY INFORMATION: The continuing any conduct or practice in following is a temporary order and a connection with the purchase or sale of period of misconduct alleged in the summary of the application. The a security or in connection with Complaint, other than with respect to index Funds. Applicants also state that complete application may be obtained activities as an underwriter, broker or none of the current or former directors, via the Commission’s Web site by dealer, from acting, among other things, officers, or employees of the Applicants searching for the file number, or for an as an investment adviser or depositor of participated in the violative conduct applicant using the Company name box, any registered investment company or a alleged in the Complaint, with the at http://www.sec.gov/search/ principal underwriter for any registered exception of one employee of an search.htm, or by calling (202) 551– open-end investment company, Applicant. Applicants further state that 8090. registered unit investment trust or registered face-amount certificate the personnel at Citigroup who were Applicants’ Representations company. Section 9(a)(3) of the Act involved in the violations alleged in the makes the prohibition in section 9(a)(2) Complaint are either no longer 1. Each of the Applicants is either an employed at Citigroup or have had no indirect wholly-owned subsidiary of applicable to a company, any affiliated person of which has been disqualified and will not have any future Citigroup or is owned by an entity in involvement in providing advisory, which Citigroup has an indirect interest. under the provisions of section 9(a)(2). Section 2(a)(3) of the Act defines subadvisory or depository services to Citigroup is a global financial holding the Funds, or principal underwriting company whose businesses provide a ‘‘affiliated person’’ to include any person directly or indirectly controlling, services to the Funds. broad range of financial services. CGMI 5. Applicants state that the inability of is registered as a broker-dealer under the controlled by, or under common control with, the other person. Applicants state the Applicants to continue to serve as Securities Exchange Act of 1934 investment adviser, depositor or (‘‘Exchange Act’’) and serves as principal that Citigroup is an affiliated person of each of the Applicants within the principal underwriter to the Funds underwriter for one or more registered would result in potentially severe investment companies (‘‘Funds’’). meaning of section 2(a)(3) of the Act. Applicants state that the entry of the financial hardships for the Funds and Citigroup Alternative and Advisory their shareholders. The Applicants have Services are registered as investment Injunction results in Applicants being subject to the disqualification distributed, or will distribute as soon as advisers under the Investment Advisers reasonably practical, written materials, Act of 1940 and serve as investment provisions of section 9(a) of the Act. 2. Section 9(c) of the Act provides that including an offer to meet in person to advisers for one or more Funds. CEFOF, the Commission shall grant an discuss the materials, to the board of CELOF, Citibank, Citigroup Alternative, application for exemption from the directors of each Fund, including the CCP I and CCP II (‘‘ESC Advisers’’) serve directors who are not ‘‘interested as investment advisers to certain 2 Greenwich Street Employees Fund, L.P., et al., persons,’’ as defined in section 2(a)(19) employees’ securities companies within Investment Company Act Release Nos. 25324 (Dec. of the Act, of such Fund, and their the meaning of section 2(a)(13) of the 21, 2001) (notice) and 25367 (Jan. 16, 2002) (order) independent legal counsel as defined in Act, which provide investment (‘‘ESC Order’’). rule 0–1(a)(6) under the Act, if any, opportunities for certain eligible 3 Securities and Exchange Commission v. Citigroup Inc., Judgment on Consent Against regarding the Judgment, any impact on employees, officers, directors and Defendant Citigroup Inc., Civil Action No. 1:10–cv– the Funds, and the application. The persons on retainer of Citigroup and its 01277 (ESH) (D.D.C. October 19, 2010). Applicants state they will provide the

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Funds with all information concerning made the necessary showing to justify I. Description and Purpose of the the Judgment and the application that is granting a temporary exemption. Amendment necessary for the Funds to fulfill their Accordingly, The current Participants in the disclosure and other obligations under It is hereby ordered, pursuant to Linkage Plan are CBOE, BATS, ISE, the Federal securities laws. section 9(c) of the Act, that the Nasdaq, BOX, Phlx, NYSE Amex, and 6. Applicants also state that, if they Applicants and any other Covered NYSE Arca. The proposed amendment were barred from continuing to serve as Persons are granted a temporary to the Plan would add C2 as a investment adviser or principal exemption from the provisions of Participant in the Plan. C2 has underwriter to the Funds, the effect on section 9(a), solely with respect to the submitted a signed copy of the Plan to their businesses and employees would Injunction, subject to the condition in the Commission in accordance with the be severe. Applicants state that they the application, from October 19, 2010, procedures set forth in the Plan have committed substantial resources to until the Commission takes final action regarding new Participants. Section 3(c) establish an expertise in providing on their application for a permanent of the Plan provides for the entry of new services covered by section 9(a) of the order. Participants to the Plan. Specifically an Act to Funds. Applicants further state By the Commission. Eligible Exchange 5 may become a that prohibiting them from continuing to serve as investment adviser or Elizabeth M. Murphy, Participant in the Plan by: (i) Executing principal underwriter to Funds would Secretary. a copy of the Plan, as then in effect; (ii) not only adversely affect their [FR Doc. 2010–26870 Filed 10–22–10; 8:45 am] providing each current Participant with a copy of such executed Plan; (iii) businesses, but would also adversely BILLING CODE 8011–01–P affect approximately 250 employees that effecting an amendment to the Plan, as are involved in those activities. specified in Section 4(b) of the Plan. Section 4(b) of the Plan puts forth the Applicants also state that disqualifying SECURITIES AND EXCHANGE process by which an Eligible Exchange the ESC Advisers from continuing to COMMISSION may effect an amendment to the Plan. provide investment advisory services to [Release No. 34–63119; File No. 4–546] Specifically, an Eligible Exchange must: ESCs is not in the public interest or in (a) Execute a copy of the Plan with the furtherance of the protection of Joint Industry Plan; Notice of Filing only change being the addition of the investors. Because the ESCs have been and Immediate Effectiveness of new participant’s name in Section 3(a) formed for certain eligible, officers, Amendment to the Options Order of the Plan; and (b) submit the executed directors and persons on retainer of Protection and Locked/Crossed Market Plan to the Commission. The Plan then Citigroup and its affiliates, it would not Plan To Add the C2 Options Exchange, provides that such an amendment will be consistent with the purposes of the Incorporated as a Participant be effective when the amendment is ESC provisions of the Act or the ESC approved by the Commission or Order to require another entity not October 15, 2010. otherwise becomes effective pursuant to affiliated with Citigroup to manage the Pursuant to Section 11A(a)(3) of the Section 11A of the Act and Rule 608 ESCs. In addition, participating Securities Exchange Act of 1934 thereunder. employees of Citigroup and its affiliates (‘‘Act’’) 1 and Rule 608 thereunder,2 subscribed for interests with the notice is hereby given that on October II. Effectiveness of the Proposed expectation that the ESCs would be 7, 2010, C2 Options Exchange, Linkage Plan Amendment managed by an affiliate of Citigroup. Incorporated (‘‘C2’’ or ‘‘Exchange’’) filed The foregoing proposed Plan 7. Applicants previously have with the Securities and Exchange amendment has become effective received exemptions under section 9(c) Commission (‘‘Commission’’) an pursuant to Rule 608(b)(3)(iii) of the as the result of conduct that triggered amendment to the Options Order Act 6 because it involves solely section 9(a) as described in greater Protection and Locked/Crossed Market technical or ministerial matters. At any detail in the application. Plan (‘‘Plan’’).3 The amendment time within sixty days of the filing of 4 Applicants’ Condition proposes to add C2 as a Participant to this amendment, the Commission may the Plan. The Commission is publishing summarily abrogate the amendment and Applicants agree that any order this notice to solicit comments on the granting the requested relief will be require that it be refiled pursuant to proposed rule change from interested paragraph (b)(1) of Rule 608,7 if it subject to the following condition: persons. Any temporary exemption granted appears to the Commission that such pursuant to the application shall be 1 15 U.S.C. 78k–1(a)(3). 5 Section 2(6) of the Plan defines an ‘‘Eligible without prejudice to, and shall not limit 2 17 CFR 242.608. Exchange’’ as a national securities exchange the Commission’s rights in any manner 3 On July 30, 2009, the Commission approved a registered with the Commission pursuant to Section with respect to, any Commission national market system plan relating to Options 6(a) of the Act, 15 U.S.C. 78f(a), that: (a) Is a investigation of, or administrative Order Protection and Locked/Crossed Markets ‘‘Participant Exchange’’ in the Options Clearing proceedings involving or against, proposed by Chicago Board Options Exchange, Corporation (‘‘OCC’’) (as defined in OCC By-laws, Incorporated (‘‘CBOE’’), International Securities Section VII); (b) is a party to the Options Price Covered Persons, including without Exchange, LLC (‘‘ISE’’), The NASDAQ Stock Market Reporting Authority (‘‘OPRA’’) Plan (as defined in limitation, the consideration by the LLC (‘‘Nasdaq’’), NASDAQ OMX BX, Inc. (‘‘BOX’’), the OPRA Plan, Section 1); and (c) if the national Commission of a permanent exemption NASDAQ OMX PHLX, Inc. (‘‘Phlx’’), NYSE Amex, securities exchange chooses not to become part to from section 9(a) of the Act requested LLC (‘‘NYSE Amex’’), and NYSE Arca, Inc. (‘‘NYSE this Plan, is a participant in another plan approved Arca’’). See Securities Exchange Act Release No. by the Commission providing for comparable pursuant to the application or the 60405 (July 30, 2009), 74 FR 39362 (August 6, Trade-Through and Locked and Crossed Market revocation or removal of any temporary 2009). See also Securities Exchange Act Release No. protection. C2 has represented that it has met the exemptions granted under the Act in 61546 (February 19, 2010), 75 FR 8762 (February requirements for being considered an Eligible connection with the application. 25, 2010) (adding BATS Exchange, Inc. (‘‘BATS’’) as Exchange. See letter from Edward J. Joyce, President a Participant). and Chief Operating Officer, C2, to Elizabeth Temporary Order 4 The term ‘‘Participant’’ is defined as an Eligible Murphy, Secretary, Commission, dated October 6, Exchange whose participation in the Plan has 2010. The Commission has considered the become effective pursuant to Section 3(c) of the 6 17 CFR 242.608(b)(3)(iii). matter and finds that Applicants have Plan. 7 17 CFR 242.608(b)(1).

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action is necessary or appropriate in the For the Commission, by the Division of revised the ODD to, among other things, public interest, for the protection of Trading and Markets, pursuant to delegated update the discussion of Canadian 8 investors or the maintenance of fair and authority. federal income tax considerations orderly markets, to remove impediments Florence E. Harmon, applicable to non-residents. Deputy Secretary. to, and perfect the mechanisms of, a Rule 9b–1 under the Act provides that national market system or otherwise in [FR Doc. 2010–26801 Filed 10–22–10; 8:45 am] an options market must file five furtherance of the purposes of the Act. BILLING CODE 8011–01–P preliminary copies of an amended ODD III. Solicitation of Comments with the Commission at least 30 days Interested persons are invited to SECURITIES AND EXCHANGE prior to the date when definitive copies submit written data, views and COMMISSION of the amended ODD are furnished to customers, unless the Commission arguments concerning the foregoing, [Release No. 34–63125; File No. SR–ODD– including whether the amendment is 2010–02] determines otherwise, having due consistent with the Act. Comments may regard to the adequacy of the be submitted by any of the following Canadian Derivatives Clearing information disclosed and the public methods: Corporation; Order Approving interest and protection of investors.3 Accelerated Distribution of an The Commission has reviewed the Electronic Comments Amended Options Disclosure • amended ODD and finds, having due Use the Commission’s Internet Document regard to the adequacy of the comment form (http://www.sec.gov/ information disclosed, that it is rules/sro.shtml); or October 18, 2010. consistent with the protection of • Send an e-mail to rule- On September 28, 2010, the Canadian investors and in the public interest to [email protected]. Please include File Derivatives Clearing Corporation ‘‘ ’’ allow the distribution of the amended Number 4–546 on the subject line. ( CDCC ), on behalf of the Bourse de Montre´al, Inc. (‘‘Bourse de Montre´al’’), ODD as of the date of this order.4 Paper Comments submitted to the Securities and It is therefore ordered, pursuant to • Send paper comments in triplicate Exchange Commission (‘‘Commission’’), Rule 9b–1 under the Act,5 that the to Elizabeth M. Murphy, Secretary, pursuant to Rule 9b–1 under the distribution of the revised ODD (SR– Securities Exchange Act of 1934 Securities and Exchange Commission, ODD–2010–02) as of the date of this is (‘‘Act’’),1 five definitive copies of an 100 F Street, NE., Washington, DC order, is approved. 20549–1090. amended options disclosure document (‘‘ODD’’) that describes the risks and For the Commission, by the Division of All submissions should refer to File characteristics of options traded on the Trading and Markets, pursuant to delegated Number 4–546. This file number should Bourse de Montre´al.2 The CDCC has authority.6 be included on the subject line if e-mail Florence E. Harmon, is used. To help the Commission 8 17 CFR 200.30–3(a)(29). Deputy Secretary. process and review your comments 1 17 CFR 240.9b–1. more efficiently, please use only one 2 The Commission initially reviewed the ODD in [FR Doc. 2010–26803 Filed 10–22–10; 8:45 am] method. The Commission will post all 1984. See Securities Exchange Act Release No. BILLING CODE 8011–01–P comments on the Commission’s Internet 21365 (October 2, 1984), 49 FR 39400 (October 5, 1984) (File No. SR–ODD–84–1). Since then, the Web site (http://www.sec.gov/rules/ Commission has reviewed several amendments to sro.shtml). Copies of the submission, all the ODD. See, e.g., Securities Exchange Act Release subsequent amendments, all written Nos. 51124 (February 2, 2005), 70 FR 6740 (February 8, 2005) (File No. SR–ODD–2004–03) statements with respect to the proposed (amending the ODD to reflect, among other things, rule change that are filed with the the name change from the S&P/TSE 60 Index to the Commission, and all written S&P/TSX 60 Index and to add an Annex to the ODD communications relating to the setting forth the holidays and early closings of the Bourse de Montre´al); 44333 (May 21, 2001), 66 FR proposed rule change between the 29193 (May 29, 2001) (File No. SR–ODD–00–04) Commission and any person, other than (amending the ODD to reflect, among other things, those that may be withheld from the changes to the structure of the Canadian equity public in accordance with the markets and to provide a discussion of Enhanced Capital Marketing); 37569 (August 14, 1996), 61 FR provisions of 5 U.S.C. 552, will be 43281 (August 21, 1996) (File No. SR–ODD–96–01) the CDCC’s current automatic exercise parameters available for Web site viewing and (amending the ODD to reflect, among other things, for equity and bond options and to add an update printing in the Commission’s Public the name change from TCO to CDCC); 29033 (April to the discussion of the treatment of adjustments in Reference Room, 100 F Street, NE., 1, 1991), 56 FR 14407 (April 9, 1991) (File No. SR– the terms of equity options with respect to stock Washington, DC 20549, on official ODD–91–1) (amending the ODD to include, among splits, stock dividends or other stock distributions). other things, references to Toronto Stock Exchange 3 business days between the hours of This provision is intended to permit the 35 Composite Index options); 24480 (May 19, 1987), Commission either to accelerate or extend the time 10 a.m. and 3 p.m. Copies of such filing 52 FR 20179 (May 29, 1987) (File No. SR–ODD–87– period in which definitive copies of a disclosure 2) (amending the ODD to include, among other also will be available for inspection and document may be distributed to the public. things, a discussion of Government of Canada copying at the principal office of C2. All Treasury Bill Price Index options); 22349 (August 4 Rule 9b–1 under the Act provides that the use comments received will be posted 21, 1985), 50 FR 34956 (August 28, 1985) (File No. of an ODD shall not be permitted unless the options without change; the Commission does SR–ODD–85–1) (amending the ODD to include, class to which the document relates is the subject not edit personal identifying among other things, a discussion of the risks and of an effective registration statement on Form S–20 uses of stock index and bond options); 51124 under the Securities Act of 1933 or is exempt from information from submissions. You (February 1, 2005), 70 FR 6740 (February 8, 2005) should submit only information that such registration. On April 5, 2010, the Commission (File No. SR–ODD–2004–03) (amending the ODD to declared effective the CDCC’s most recent Post- include, among other things, the CDCC’s new you wish to make available publicly. All Effective Amendment to its Form S–20 registration automatic exercise parameters for equity and bond submissions should refer to File statement. See File No. 002–69458. options) and 58172 (July 16, 2008), 73 FR 42840 Number 4–546 and should be submitted (July 23, 2008) (File No. SR–ODD–2008–03) 5 17 CFR 240.9b–1. on or before November 15, 2010. (amending the ODD to include, among other things, 6 17 CFR 200.30–3(a)(39)(i).

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SECURITIES AND EXCHANGE non-guaranteed basis settlement of member. Accordingly, OCC is proposing COMMISSION commissions and fees 4 relating to to amend Rule 403, relating to CMTA position transfers effected between the processing, to provide that clearing [Release No. 34–63120; File No. SR–OCC– clearing members pursuant to their members electing to use this new 2010–17] CMTA arrangement. This service is service must register that aspect of their Self-Regulatory Organizations; the being offered in response to a request CMTA arrangement with OCC. Such Options Clearing Corporation; Notice made by OCC’s Roundtable.5 registration, when accepted by OCC’s systems, will authorize an executing of Filing and Immediate Effectiveness 1. Background of Proposed Rule Change Relating to clearing member to make entries into CMTA is the process by which an Clearing Member Trade Assignment OCC’s systems with respect to fees and authorized executing clearing member Arrangements commissions subject to any system directs the transfer of an exchange checks imposed by OCC.6 Such Pursuant to Section 19(b)(1) of the transaction to a designated account of a registration will also authorize OCC to Securities Exchange Act of 1934,1 notice carrying clearing member. To correct settle on a non-guaranteed basis the is hereby given that on October 4, 2010, mis-clears and other bona fide total of such amounts on the business The Options Clearing Corporation processing errors, an executing clearing day next following the date the entries (‘‘OCC’’) filed with the Securities and member also may transfer to a carrying were made without any further Exchange Commission the proposed clearing member as a part of their authorization from the carrying clearing rule change as described in Items I, II, CMTA arrangement positions that member. If the clearing members and III below, which Items have been resulted from transactions that were terminate their CMTA arrangement, prepared primarily by OCC. OCC filed directly cleared into an account of an OCC would be authorized to settle any the proposed rule change pursuant to executing clearing member but were fee and commission amounts entered Section 19(b)(3)(A)(iii) of the Act 2 and intended for give-up to the carrying prior to the effective time of such Rule 19b-4(f)(4) 3 so that the proposal clearing member. Currently, fees and termination as determined in was effective upon filing with the commissions that are owed by the accordance with Rule 403. Commission. The Commission is carrying clearing member to the Settlement of fees and commissions publishing this notice to solicit executing clearing member with respect will be done on a non-guaranteed basis comments on the proposed rule change to these transfers are tracked and billed pursuant to changes being made to Rule from interested persons. bilaterally between the firms. This 504. Rule 504 currently provides for process, which has long been OCC’s money-only settlement service I. Self-Regulatory Organization’s considered inefficient, results in (proposed to be renamed ‘‘non- Statement of the Terms of the Substance increased collection times and guaranteed settlement service’’) through of the Proposed Rule Change reconciliation problems for the firms which clearing members may The proposed rule change would involved. At the request of the specifically authorize OCC to effect non- provide a new service for clearing Roundtable, OCC has developed a guaranteed settlements of monies owed members that are parties to a Clearing centralized solution to reduce some of between two firms relating to Member Trade Assignment (‘‘CMTA’’) these inefficiencies. OCC therefore transactions cleared by OCC. A new arrangement. proposes to modify its systems and rules provision will be added to Rule 504 in to provide for the non-guaranteed order to accommodate the settlement of II. Self-Regulatory Organization’s settlement of fees and commissions fees and commissions pursuant to an Statement of the Purpose of, and associated with position transfers effectively registered CMTA Statutory Basis for, the Proposed Rule effected pursuant to registered CMTA arrangement. The new provision will Change arrangements. permit OCC, as agent, to calculate and In its filing with the Commission, 2. Rule Changes effect settlement of the aggregate of such OCC included statements concerning amounts based on entries made by the the purpose of and basis for the OCC proposes to add system executing clearing member to the CMTA proposed rule change and discussed any functionality to support the calculation arrangement without any further and non-guaranteed settlement of fees comments it received on the proposed consent of the carrying clearing and commissions based on entries made rule change. The text of these statements member. OCC will have no obligation to by the executing clearing member. may be examined at the places specified verify the executing clearing member’s Firms desiring to make use of this in Item IV below. OCC has prepared entries, and any disputes between the functionality will be required to summaries, set forth in sections A, B, firms regarding such amounts will have reregister their CMTA arrangement and and C below, of the most significant to be resolved between themselves. specifically authorize OCC to make such aspects of such statements. Settlements will occur the business day settlements without any further following the business day on which the A. Self-Regulatory Organization’s authorization from the carrying clearing Statement of the Purpose of, and executing clearing member inputs necessary information into OCC’s Statutory Basis for, the Proposed Rule 4 Fees would include exchange, clearing, and Change other fees related to the transaction. 5 The OCC Roundtable is an OCC sponsored 6 For commissions, OCC’s systems will be The purpose of the proposed rule advisory group comprised of representatives from configured to permit clearing members to specify change is to provide a new service for OCC’s participant exchanges, OCC, a cross-section either a particular commission rate or a flat clearing members that are parties to a of OCC clearing members, and industry service commission rate, provided that no commission rate bureaus. The Roundtable considers operational could exceed $9.99/contract and no flat rate could CMTA arrangement. Clearing members improvements that may be made to increase exceed $50,000 per entry. For fees, OCC’s systems electing to participate in the new service efficiencies and lower costs in the options industry. will be configured to permit clearing members to will authorize OCC to facilitate on a As a separate but related matter, the Roundtable input any combination of fees subject to a $50,000 also asked OCC to eliminate the requirement that cap per transaction. Use of this service by registered clearing members to a CMTA arrangement represent clearing members remains optional (i.e., OCC’s 1 15 U.S.C. 78s(b)(1). they have entered into a ‘‘written’’ agreement when systems will not require registered firms to input 2 15 U.S.C. 78s(b)(3)(A)(iii). registering their arrangement in order to support fee and commission information in order to effect 3 17 CFR 240.19b–4(f)(4). their ability to enter into agreements electronically. a CMTA-related transfer).

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systems. Like other settlements effected III. Date of Effectiveness of the Commission and any person, other than pursuant to Rule 504, these settlements Proposed Rule Change and Timing for those that may be withheld from the will not be guaranteed by OCC. If a Commission Action public in accordance with the settlement draft for these amounts The foregoing rule change has become provisions of 5 U.S.C. 552, will be against a clearing member’s bank effective pursuant to Section available for Web site viewing and account is not honored, OCC will have 19(b)(3)(A)(iii) of the Act 8 and Rule printing in the Commission’s Public no obligation to effect any payment of 19b–4(f)(4) 9 because it effects a change Reference Room, 100 F Street, NE., commissions or fees to the executing in an existing service of a registered Washington, DC 20549, on official clearing member. Likewise, OCC will clearing agency that does not adversely business days between the hours of 10 have no obligation to effect these affect the safeguarding of securities or a.m. and 3 p.m. Copies of such filing settlements if OCC has suspended an funds in the custody or control of the also will be available for inspection and executing or carrying clearing member. clearing agency or for which it is copying at OCC’s principal office and on Finally, OCC proposes to insert responsible and does not significantly OCC’s Web site at (http:// another new provision into Rule 504. affect the respective rights or obligations www.theocc.com/about/publications/ First, the new provision will reflect of the clearing agency or persons using bylaws.jsp). All comments received will OCC’s current practice of not processing the service. At any time within 60 days be posted without change; the non-guaranteed settlements until of the filing of the proposed rule change, Commission does not edit personal settlements pursuant to Rule 502 (for the Commission summarily may identifying information from premium, mark-to-market, and cash temporarily suspend such rule change if submissions. You should submit only exercise and assignment settlement it appears to the Commission that such information that you wish to make amounts) and 605 (margin deficits) have action is necessary or appropriate in the available publicly. All submissions been completed. Second, it will also public interest, for the protection of should refer to File No. SR–OCC–2010– permit OCC to defer processing of non- investors, or otherwise in furtherance of 17 and should be submitted on or before guaranteed settlements on a business the purposes of the Act November 15, 2010. day. Affected clearing members will be IV. Solicitation of Comments For the Commission by the Division of notified of OCC’s decision and of the Interested persons are invited to Trading and Markets, pursuant to delegated business day non-guaranteed authority.10 settlements will be resumed. This submit written data, views, and Florence E. Harmon, authority will provide OCC with arguments concerning the foregoing, flexibility to defer processing non- including whether the proposed rule Deputy Secretary. change is consistent with the Act. guaranteed settlements on a given [FR Doc. 2010–26802 Filed 10–22–10; 8:45 am] Comments may be submitted by any of business day in the event a significant BILLING CODE 8011–01–P the following methods: processing delay makes such action advisable or appropriate. Electronic Comments SECURITIES AND EXCHANGE OCC states that the proposed rule • Use the Commission’s Internet COMMISSION change is consistent with Section 17A of comment form (http://www.sec.gov/ the Act 7 because it would provide a rules/sro.shtml); or centralized service to facilitate • Send an e-mail to rule- [Release No. 34–63129; File No. SR– collection of fees and commissions [email protected]. Please include File NYSEArca–2010–91] relating to transfers between clearing No. SR–OCC–2010–17 on the subject Self-Regulatory Organizations; NYSE members that are parties to a CMTA line. arrangement thereby increasing the Arca, Inc.; Notice of Filing and Paper Comments Immediate Effectiveness of Proposed efficiency of the fee and commission • collection process and reducing costs Send paper comments in triplicate Rule Change Relating to Amendment associated therewith. Furthermore, OCC to Elizabeth M. Murphy, Secretary, to NYSE Arca Equities Rule 8.500 To states that the proposed rule change is Securities and Exchange Commission, Accommodate Trading of Trust Units Station Place, 100 F Street, NE., not inconsistent with the existing rules October 19, 2010. of OCC including any other rules Washington, DC, 20549–1090. proposed to be amended. All submissions should refer to File No. Pursuant to Section 19(b)(1) 1 of the SR–OCC–2010–17. This file number Securities Exchange Act of 1934 (the B. Self-Regulatory Organization’s should be included on the subject line ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 Statement on Burden on Competition if e-mail is used. To help the notice is hereby given that, on October Commission process and review your 12, 2010, NYSE Arca, Inc. (the OCC does not believe that the comments more efficiently, please use ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with proposed rule change would impose any only one method. The Commission will the Securities and Exchange burden on competition. post all comments on the Commission’s Commission (the ‘‘Commission’’) the C. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ proposed rule change as described in Statement on Comments on the rules/sro.shtml). Copies of the Items I and II below, which Items have Proposed Rule Change Received From submission, all subsequent been prepared by the self-regulatory Members, Participants or Others amendments, all written statements organization. The Commission is with respect to the proposed rule publishing this notice to solicit OCC has not solicited or received change that are filed with the comments on the proposed rule change written comments relating to the Commission, and all written from interested persons. proposed rule change. OCC will notify communications relating to the the Commission of any written proposed rule change between the 10 17 CFR 200.30–3(a)(12). comments it receives. 1 15 U.S.C. 78s(b)(1). 8 Above note 2. 2 15 U.S.C. 78a. 7 15 U.S.C. 78q–1. 9 Above note 3. 3 17 CFR 240.19b–4.

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I. Self-Regulatory Organization’s contemplation of the trading pursuant to commodity derivatives. The Statement of the Terms of Substance of UTP of shares of the Nuveen Commission approved listing of the the Proposed Rule Change Commodities Income and Growth Fund Fund on NYSE Amex, and trading of the The Exchange proposes to amend (‘‘Fund’’), sponsored by Nuveen Fund on NYSE Amex commenced on 7 NYSE Arca Equities Rule 8.500 (‘‘Trust Investments, Inc. (‘‘Nuveen’’). The September 28. 2010. Units’’) to provide that the issuers of Exchange proposes to amend NYSE In order to accommodate trading of Trust Units listed or traded pursuant to Arca Equities Rule 8.500(b)(2) to Shares of the Fund on the Exchange unlisted trading privileges (‘‘UTP’’) may provide that the issuers of Trust Units pursuant to UTP, the Exchange proposes invest directly in investments listed or traded pursuant to UTP may to amend NYSE Arca Equities Rule comprising or otherwise based on any invest directly in investments 8.500(b)(2) to define the term ‘‘Trust combination of futures contracts, comprising or otherwise based on any Units’’ as a security that is issued by a options on futures contracts, forward combination of futures contracts, trust or similar entity constituted as a contracts, swap contracts, commodities options on futures contracts, forward commodity pool that holds investments and/or securities rather than solely in contracts, swap contracts, commodities comprising or otherwise based on any and/or securities rather than solely in the assets of a trust, partnership, limited combination of futures contracts, the assets of a trust, partnership, limited liability company, corporation or other options on futures contracts, forward liability company, corporation or other similar entity constituted as a contracts, swap contracts, commodities similar entity constituted as a commodity pool that holds such and/or securities. The proposed rule commodity pool that holds such investments. The text of the proposed change is substantially identical to that investments. approved for NYSE Amex in the NYSE rule change is available at the Exchange, The American Stock Exchange LLC the Commission’s Public Reference Amex Approval Order, except that (‘‘Amex’’) (now known as NYSE Amex proposed NYSE Arca Equities Rule Room, and at the Exchange’s Web site LLC (‘‘NYSE Amex’’)) initially had at http://www.nyse.com. 8.500(b)(2) continues to include the proposed to list the Fund and adopted words ‘‘and/or securities’’, which are not II. Self-Regulatory Organization’s Amex Rules 1600 et seq. in included in NYSE Amex Rule 1600. The 5 Statement of the Purpose of, and contemplation of such listing. The Exchange represents that all Statutory Basis for, the Proposed Rule Fund did not commence listing on representations regarding the Fund Change Amex in the form described in the listed and traded on NYSE Amex, as Initial Amex Notice. Nuveen In its filing with the Commission, the described in the NYSE Amex Notice and subsequently proposed to go forward self-regulatory organization included NYSE Amex Approval Order, continue with a listing of shares (the ‘‘Shares’’) of statements concerning the purpose of, to apply. the Fund on NYSE Amex under a new and basis for, the proposed rule change name, the Nuveen Diversified 2. Statutory Basis and discussed any comments it received Commodity Fund. The Fund proposed on the proposed rule change. The text The proposed rule change is to utilize a modified investment plan, 8 of those statements may be examined at consistent with Section 6(b) of the Act, which was described in detail in the the places specified in Item IV below. in general, and furthers the objectives of NYSE Amex proposed rule change filed Section 6(b)(5),9 in particular, in that it The Exchange has prepared summaries, in connection with listing the Fund.6 As set forth in sections A, B, and C below, is designed to prevent fraudulent and described in the NYSE Amex Notice, the manipulative acts and practices, to of the most significant parts of such Fund determined not to utilize the statements. promote just and equitable principles of master/feeder structure described in the trade, to foster cooperation and A. Self-Regulatory Organization’s Initial Amex Notice due to a change in coordination with persons engaged in Statement of the Purpose of, and the the interpretation of applicable tax law facilitating transactions in securities, Statutory Basis for, the Proposed Rule by the Internal Revenue Service. and to remove impediments to and Change Instead, the Fund would make its own perfect the mechanisms of a free and direct investments. Consequently, NYSE 1. Purpose open market and a national market Amex proposed to amend the definition system. The Exchange believes that the NYSE Arca Equities Rule 8.500 of Trust Units in NYSE Amex Rule 1600 proposed rule change will facilitate the permits listing or trading pursuant to to remove the master/feeder structure trading pursuant to UTP of an UTP of Trust Units, which are defined requirement and permit the listing of additional type of exchange-traded as securities that are issued by a trust or Trust Units where the issuer is product that will enhance competition other similar entity that invests in the constituted as a commodity pool which among market participants, to the assets of a trust, partnership, limited invests directly in commodities and benefit of investors and the marketplace. liability company, corporation or other similar entity constituted as a 5 See Securities Exchange Act Release No. 56880 B. Self-Regulatory Organization’s commodity pool that holds investments (December 3, 2007), 72 FR 69259 (December 7, Statement on Burden on Competition comprising or otherwise based on any 2007) (SR–Amex–2006–96) (order approving proposed rule change relating to listing and trading The Exchange does not believe that combination of futures contracts, of Trust Units of the Nuveen Commodities Income the proposed rule change will impose options on futures contracts, forward and Growth Fund). The investment plan of the any burden on competition that is not contracts, swap contracts, commodities Fund was described in detail in the Amex’s Form and/or securities.4 NYSE Arca Equities 19b–4 and in the notice published for SR–Amex– 2006–96. See Securities Exchange Act Release No. 7 The Commission approved the proposed rule Rule 8.500 was adopted in 56465 (September 19, 2007), 72 FR 54489 change in Securities Exchange Act Release No. (September 25, 2007) (‘‘Initial Amex Notice’’). 61807 (March 31, 2010), 75 FR 17818 (April 7, 4 See Securities Exchange Act Release No. 57059 6 See Securities Exchange Act Release No. 61571 2010) (SR–NYSE–Amex–2010–09) (order approving (December 28, 2007), 73 FR 909 (January 4, 2008) (February 23, 2010) 75 FR 9265 (March 1, 2010) proposed rule change amending NYSE Amex Trust (SR–NYSEArca–2006–76) (notice of filing and order (SR–NYSE–Amex–2010–09) (notice of filing of Unit rules and proposing the listing of the Nuveen granting accelerated approval of proposed rule proposed rule change amending NYSE Amex Trust Diversified Commodity Fund) (‘‘NYSE Amex change relating to trading shares of the Nuveen Unit Rules and proposing the listing of the Nuveen Approval Order’’). Commodities Income and Growth Fund pursuant to Diversified Commodity Fund) (‘‘NYSE Amex 8 15 U.S.C. 78f(b). UTP). Notice’’). 9 15 U.S.C. 78f(b)(5).

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necessary or appropriate in furtherance Commission notes that the proposed Commission and any person, other than of the purposes of the Act. amendments to NYSE Arca Equities those that may be withheld from the Rule 8.500 are similar to amendments to public in accordance with the C. Self-Regulatory Organization’s NYSE Amex Rule 1600, previously provisions of 5 U.S.C. 552, will be Statement on Comments on the 15 available for Web site viewing and Proposed Rule Change Received From approved by the Commission and printing in the Commission’s Public Members, Participants, or Others therefore do not raise any new regulatory issues. For these reasons, the Reference Room, 100 F Street, NE., No written comments were solicited Commission designates the proposed Washington, DC 20549, on official or received with respect to the proposed rule change as operative upon filing.16 business days between the hours of rule change. At any time within 60 days of the 10 a.m. and 3 p.m. Copies of such filing III. Date of Effectiveness of the filing of the proposed rule change, the also will be available for inspection and Proposed Rule Change and Timing for Commission summarily may copying at the principal office of NYSE 17 Commission Action temporarily suspend such rule change if Arca. All comments received will be it appears to the Commission that such posted without change; the Commission The Exchange has filed the proposed action is necessary or appropriate in the does not edit personal identifying rule change pursuant to Section public interest, for the protection of information from submissions. You 19(b)(3)(A)(iii) of the Act 10 and Rule investors, or otherwise in furtherance of should submit only information that 19b–4(f)(6) thereunder.11 Because the the purposes of the Act. you wish to make available publicly. All proposed rule change does not: (i) submissions should refer to File No. Significantly affect the protection of IV. Solicitation of Comments SR–NYSEArca–2010–91 and should be investors or the public interest; (ii) Interested persons are invited to submitted on or before November 15, impose any significant burden on submit written data, views, and 2010. competition; and (iii) become operative arguments concerning the foregoing, For the Commission, by the Division of prior to 30 days from the date on which including whether the proposed rule it was filed, or such shorter time as the Trading and Markets, pursuant to delegated change is consistent with the Act. authority.18 Commission may designate, if Comments may be submitted by any of Florence E. Harmon, consistent with the protection of the following methods: investors and the public interest, the Deputy Secretary. proposed rule change has become Electronic Comments [FR Doc. 2010–26806 Filed 10–22–10; 8:45 am] BILLING CODE 8011–01–P effective pursuant to Section 19(b)(3)(A) • Use the Commission’s Internet 12 of the Act and Rule 19b–4(f)(6)(iii) comment form (http://www.sec.gov/ thereunder.13 rules/sro.shtml); or SECURITIES AND EXCHANGE A proposed rule change filed under • Send an e-mail to rule- COMMISSION Rule 19b–4(f)(6) normally does not [email protected]. Please include File become operative for 30 days after the No. SR–NYSEArca–2010–91 on the [Release No. 34–63132; File No. SR–Phlx– date of filing. However, Rule 19b– subject line. 2010–118] 4(f)(6)(iii) permits the Commission to designate a shorter time if such action Paper Comments Self-Regulatory Organizations; Order Approving Proposed Rule Change by is consistent with the protection of • Send paper comments in triplicate investors and the public interest. The NASDAQ OMX PHLX, Inc. To Expand to Elizabeth M. Murphy, Secretary, the $.50 Strike Price Program Exchange requests that the Commission Securities and Exchange Commission, waive the 30-day operative delay so that 100 F Street, NE., Washington, DC October 19, 2010. the Exchange can trade, on a UTP basis, 20549–1090. On August 25, 2010, NASDAQ OMX shares of the Fund immediately. The PHLX, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed Exchange believes that the immediate All submissions should refer to File No. with the Securities and Exchange trading of shares of the Fund will SR–NYSEArca–2010–91. This file Commission (‘‘Commission’’), pursuant promote competition among exchange number should be included on the to Section 19(b)(1) 1 of the Securities markets trading such shares. The subject line if e-mail is used. To help the Exchange Act of 1934 (the ‘‘Act’’) 2 and Commission believes that waiving the Commission process and review your Rule 19b–4 thereunder,3 a proposed rule 30-day operative delay to permit the comments more efficiently, please use change to expand the Exchange’s $.50 Exchange to trade, on a UTP basis, only one method. The Commission will Strike Price Program (‘‘$0.50 Strike shares of the Fund without delay is post all comments on the Commission’s Program’’ or ‘‘Program’’). The proposed consistent with the protection of Internet Web site (http://www.sec.gov/ rule change was published for comment investors and the public interest.14 The rules/sro.shtml). Copies of the submission, all subsequent in the Federal Register on September 8, 2010.4 There were no comments on the 10 15 U.S.C. 78s(b)(3)(A)(iii). amendments, all written statements 11 17 CFR 240.19b–4(f)(6). with respect to the proposed rule proposed rule change. This order 12 15 U.S.C. 78s(b)(3)(A). change that are filed with the approves the proposed rule change. 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Commission, and all written The Exchange proposes to amend 4(f)(6)(iii) requires the Exchange to give the communications relating to the Commentary .05 to Exchange Rule 1012, Commission written notice of the Exchange’s intent Series of Options Open for Trading, to file the proposed rule change along with a brief proposed rule change between the description and text of the proposed rule change, 17 The text of the proposed rule change is at least five business days prior to the date of filing 15 See Securities Exchange Act Release No. 61807 available on the Commission’s Web site at of the proposed rule change, or such shorter time (March 31, 2010), 75 FR 17818 (April 7, 2010) (SR– www.sec.gov. as designated by the Commission. The Exchange NYSE–Amex–2010–09). 18 17 CFR 200.30–3(a)(12). has satisfied this requirement. 16 The Commission notes that this proposed rule 1 14 For purposes only of waiving the 30-day change only permits trading of products under the 15 U.S.C.78s(b)(1). operative delay, the Commission has also proposed modifications to Exchange Rule 8.500 on 2 15 U.S.C. 78a. considered the proposed rule’s impact on and after the effective date of this filing and does 3 17 CFR 240.19b–4. efficiency, competition, and capital formation. See not relate to any trading under such proposed rules 4 See Securities Exchange Act Release No. 62799 15 U.S.C. 78c(f). prior to such date. (August 25, 2010), 75 FR 54662 (‘‘Notice’’).

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regarding the $.50 Strike Program to: (i) After careful review, the Commission SECURITIES AND EXCHANGE Expand the permitted price range of the finds that the proposed rule change is COMMISSION $.50 Strike Program from $1.00–$3.50 to consistent with the Act and the rules $0.50–$5.50; (ii) raise the threshold of and regulations thereunder applicable to [Release No. 34–63130; File No. SR– the previous day’s closing price of the a national securities exchange.6 In NYSEAmex–2010–52] underlying security from $3.00 to $5.00; particular, the Commission believes that and (iii) expand the number of options the proposed rule change is consistent Self-Regulatory Organizations; NYSE classes permitted under the Program with Section 6(b)(5) of the Act,7 which Amex LLC; Notice of Filing and from 5 to 20. requires, among other things, that the Immediate Effectiveness of Proposed Currently, Commentary .05 to rules of a national securities exchange Rule Change Amending Commentary Exchange Rule 1012 permits strike price .02 of Rule 903G To Permit Certain intervals of $.50 or greater beginning at be designed to promote just and equitable principles of trade, to remove FLEX Options To Trade Under the $1.00 where the strike price is $3.50 or FLEX Trading Procedures for a Limited impediments to and perfect the less, but only for option classes whose Time underlying security closed at or below mechanism of a free and open market $3.00 in its primary market on the and a national market system, and, in October 19, 2010. previous trading day and which have general, to protect investors and the Pursuant to Section 19(b)(1) 1 of the national average daily volume that public interest. Securities Exchange Act of 1934 (the equals or exceeds 1000 contracts per Specifically, the Commission believes ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 day as determined by The Options that the proposal to expand the $.50 notice is hereby given that on October Clearing Corporation during the Strike Program should provide investors 5, 2010, NYSE Amex LLC (the preceding three calendar months. with added flexibility in the trading of ‘‘Exchange’’ or ‘‘NYSE Amex’’) filed with Further, the listing of $.50 strike prices equity options and further the public the Securities and Exchange is limited to options classes overlying interest by allowing investors to Commission (the ‘‘Commission’’) the no more than 5 individual stocks as establish equity options positions that proposed rule change as described in specifically designated by the Exchange. are better tailored to meet their Items I and II below, which Items have The Exchange is currently restricted been prepared by the self-regulatory from listing series with $1 intervals investment objectives. The Commission also believes that the proposal strikes a organization. The Commission is within $0.50 of an existing strike price publishing this notice to solicit in the same series, except that strike reasonable balance between the Exchange’s desire to accommodate comments on the proposed rule change prices of $2, $3, and $4 shall be from interested persons. permitted within $0.50 of an existing market participants by offering a wider strike price for classes also selected to array of investment opportunities and I. Self-Regulatory Organization’s participate in both the $0.50 Strike the need to avoid unnecessary Statement of the Terms of the Substance Program and the $1 Strike Program.5 proliferation of options series and the of the Proposed Rule Change The Exchange also proposes a corresponding increase in quotes. The The Exchange proposes to amend corresponding amendment to Commission expects that the Exchange Commentary .02 of Rule 903G, Terms of Commentary .05(a)(i)(B) of Exchange will monitor the trading volume FLEX Options, to permit certain FLEX Rule 1012 to add $5 to the list of strike associated with the additional options prices permitted within $0.50 of an Options to trade under the FLEX series listed as a result of this proposal Trading Procedures for a limited time. existing strike price in the same series and the effect of these additional series for classes selected for both programs. The text of the proposed rule change is on market fragmentation and on the available at the Exchange’s Web site at In its filing with the Commission, the capacity of the Exchange’s, OPRA’s and Exchange stated that the number of $.50 http://www.nyse.com, on the vendors’ automated systems. strike options traded on the Exchange Commission’s Web site at http:// has continued to increase since the It is therefore ordered, pursuant to www.sec.gov, at the Exchange’s inception of the Program. The Exchange Section 19(b)(2) of the Act,8 that the principal office, and at the stated that the proposal would expand proposed rule change (SR–Phlx–2010– Commission’s Public Reference Room. $.50 strike offerings to market 118) be, and it hereby is, approved. II. Self-Regulatory Organization’s participants and thereby should For the Commission, by the Division of Statement of the Purpose of, and enhance their ability to tailor investing Trading and Markets, pursuant to delegated Statutory Basis for, the Proposed Rule and hedging strategies and authority.9 Change opportunities in a volatile marketplace. Florence E. Harmon, The Exchange further stated that it In its filing with the Commission, the believes an expansion of the $.50 Strike Deputy Secretary. self-regulatory organization included Program would allow investors to better [FR Doc. 2010–26827 Filed 10–22–10; 8:45 am] statements concerning the purpose of, enhance returns and manage risk by BILLING CODE 8011–01–P and basis for, the proposed rule change providing them with significantly and discussed any comments it received greater flexibility in the trading of on the proposed rule change. The text equity options that overlie lower price of those statements may be examined at stocks by allowing them to establish the places specified in Item IV below. equity options positions that are better The Exchange has prepared summaries, tailored to meet their investment, 6 In approving this proposed rule change, the set forth in sections A, B, and C below, trading and risk. In addition, the Commission has considered the proposed rule’s of the most significant parts of such Exchange represented that $0.50 strikes impact on efficiency, competition, and capital statements. have had no impact on capacity. formation. 15 U.S.C. 78c(f). 7 15 U.S.C. 78f(b). 1 15 U.S.C. 78s(b)(1). 5 See Exchange Rule 1012, Commentary 8 15 U.S.C. 78s(b)(2). 2 15 U.S.C. 78a. .05(a)(i)(B) referring to the $1 Strike Program. 9 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4.

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A. Self-Regulatory Organization’s • All other terms are identical and the using a FLEX option in such Statement of the Purpose of, and contracts are otherwise fungible. circumstances will mitigate the risk. Statutory Basis for, the Proposed Rule The risk does not occur in expiration The assignment risk does not exist if Change Friday FLEX option positions during the the Non-FLEX option is to be added the 1. Purpose five days prior to expiration, as no new next trading day. In situations where Non-FLEX Option series may be listed OCC is aware that a series will be added The purpose of this filing is to allow within five days of expiration. It also overnight, they can convert the FLEX certain FLEX options, which are does not exist for FLEX option positions Position to a Non-FLEX position before identical in all terms to a Non-FLEX that will be identical to Non-FLEX the next trading day. However, OCC option, to trade using FLEX Trading series to be added after expiration, as cannot guarantee that an identical Non- Procedures for the balance of the trading those new series are added ‘‘overnight’’ FLEX series will not be added intra-day, day on which the Non-FLEX Option is and OCC will convert the FLEX position and thus will not clear such American added as an intra-day add. to the Non-FLEX Options series at the style FLEX options. The Exchange recently adopted rule time the Non-FLEX series is created. changes to allow FLEX options to expire NYSE Amex is proposing a limited As an example, suppose underlying within two business days of a third- exception to the requirement that the issue XYZ, trading around $25 per Friday-of-the-month expiration, trading in such options be under the share, has options listed on the March including expiration Friday (‘‘expiration Non-FLEX Trading Procedures. The cycle, and in February an investor FLEX’’).4 Such FLEX Options could Exchange proposes that, in the event a wishes to buy just-out-of-the-money call have either an American Style exercise Non-FLEX Option is listed intra-day, the options that will expire in May. Since or a European Style exercise. The same holder of a FLEX Option with identical the Non-FLEX May Options will not be rule change also allowed for FLEX Index terms could close the FLEX position listed until after the March expiration, Options to expire on or within two under the FLEX Trading procedures, but the investor enters a FLEX Option order business days of a third-Friday-of-the- only for the balance of the trading day month expiration, provided they only in February to buy 250 Call 30 options on which the series is added. Under the have an exercise settlement value on the expiring on the third Friday of May. If, proposed rule change, both sides of the expiration date determined by reference as expected, the Non-FLEX May 30 call FLEX transaction would have to be to the reported level of the index as options are listed on the Monday after closing only positions. March expiration, the investor’s open derived from the opening prices of the This change will allow the holder of component securities (‘‘a.m. FLEX position will be converted by OCC over the weekend following March a FLEX position to trade in such a settlement’’). manner to mitigate the assignment risk. The rule change provided that expiration to the Non-FLEX series. 5 expiration FLEX options will be However, if XYZ stock should decline A Trading Official has the regulatory permitted before (but not after) Non- between the time of the FLEX responsibility for reviewing the FLEX Options with identical terms are transaction and March expiration, the conformity of FLEX trades to the terms listed. Once and if an option series is May 30 calls may not be added after and specifications contained in Rule listed for trading as a Non-FLEX Option March Expiration. If that were to occur, 903G. In the event a Non-FLEX series, series, (i) all existing open positions the May 30 calls may be added having the same terms as an existing established under the FLEX Trading sometime later. Suppose the Exchange expiration Friday FLEX option, is listed procedures shall be fully fungible with receives a request to add the May 30 intra-day, the Trading Official will transactions in the respective Non-FLEX calls on the morning of the Wednesday review any subsequent FLEX Options series, and (ii) any further after expiration, and the Exchange lists transactions in that series and verify trading in the series would be as Non- them immediately. The investor with that the order is being executed for the FLEX Options subject to the Non-FLEX the FLEX position may then decide it is purpose of closing out an existing FLEX trading procedures and rules. an opportune time to close his position. position. The Trading Official will not The Options Clearing Corporation Under current rules, the investor disseminate a FLEX Request for Quote (‘‘OCC’’) became concerned that, in would be required to close the position for any order representing a FLEX series certain circumstances, in the event a by entering a sell order in the new Non- having the same terms as a Non-FLEX Non-FLEX Option is listed with FLEX Option series. However, when the series, unless such FLEX order is a identical terms to an existing FLEX Non-FLEX transaction is reported to closing order (and it is the day the Non- option, OCC could not net the positions OCC, the investor is considered short in FLEX series has been added). In in the contracts until the next business the Non-FLEX Option series, and is still addition, if the Trading Official were to day. If the Non-FLEX Option were listed long in the FLEX Option. OCC cannot disseminate a FLEX Request for Quotes intra-day, and the holder of a position aggregate the FLEX positions into the for a closing order representing a FLEX in the FLEX option attempted to close Non-FLEX series until after exercise and series having the same terms as a Non- the position using the Non-FLEX assignment processing. If a buyer in the FLEX series, the Trading Official would Option, the holder would be technically new Non-FLEX series were to exercise only accept response quotes and orders long in one contract and short in the the options, the original investor who from Amex Trading Permit (‘‘ATP’’) other contract. This would expose the had attempted to close the FLEX Holders that were closing out an holder to assignment risk until the next position with an offsetting Non-FLEX existing FLEX position. day despite having offsetting positions. trade would be at risk of being assigned The NYSE Regulatory Department The limited circumstances are: on the technically short Non-FLEX • reviews FLEX trading activity, and, in The Non-Flex Option is listed intra- position. the event a non-FLEX series with the day. Because of this risk, OCC will not same terms as an expiration Friday • The FLEX contract is for American clear an American style expiration FLEX option is listed intra-day, will style exercise. Friday FLEX option. The Exchange has review any subsequent FLEX spoken to OCC, and OCC has agreed that 4 See Exchange Act Release No. 60548, SR– NYSEAmex–2009–44 (August 20, 2009), 74 FR allowing the holder of an open position 5 Trading Officials are Exchange employees 43191 (August 26, 2009). in a FLEX contract to close the position designated pursuant to Rule 900.2NY(82).

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transactions in the series to verify that filing of the proposed rule change or investors, or otherwise in furtherance of they are closing a position.6 such shorter time as designated by the the purposes of the Act. Commission, the proposed rule change 2. Statutory Basis IV. Solicitation of Comments has become effective pursuant to The Exchange believes the proposed Section 19(b)(3)(A) of the Act 9 and Rule Interested persons are invited to rule change is consistent with Section 19b–4(f)(6) thereunder.10 submit written data, views, and 6(b) 7 of the Securities Exchange Act of A proposed rule change filed under arguments concerning the foregoing, 1934 (the ‘‘Act’’), in general, and furthers Rule 19b–4(f)(6) normally does not including whether the proposed rule the objectives of Section 6(b)(5) 8 in become operative prior to 30 days after change is consistent with the Act. particular in that it is designed to the date of the filing. However, pursuant Comments may be submitted by any of promote just and equitable principles of to Rule 19b–4(f)(6)(iii),11 the the following methods: trade, to prevent fraudulent and Commission may designate a shorter manipulative acts, to remove time if such action is consistent with the Electronic Comments impediments to and to perfect the protection of investors and the public • Use the Commission’s Internet mechanism for a free and open market interest. The Exchange has asked the comment form (http://www.sec.gov/ and a national market system and, in Commission to waive the 30-day rules/sro.shtml); or general, to protect investors and the operative delay so that the proposal may • public interest, by giving ATP Holders become operative immediately upon Send an e-mail to rule- and investors with additional tools to filing. [email protected]. Please include File trade customized options in an The Commission notes that the Number SR–NYSEAmex–2010–52 on exchange environment while allowing proposed rule change is substantially the subject line. the holder of a FLEX position to trade similar to a proposed rule change Paper Comments in such a manner as to mitigate previously submitted by NYSE Arca • inadvertent assignment risk. which was published for notice and Send paper comments in triplicate comment in the Federal Register.12 The to Elizabeth M. Murphy, Secretary, B. Self-Regulatory Organization’s Commission notes that it did not receive Securities and Exchange Commission, Statement on Burden on Competition any comments on the NYSE Arca 100 F Street, NE., Washington DC The Exchange does not believe that proposal, and does not believe the 20549–1090. the proposed rule change will impose Exchange’s proposal raises any new or All submissions should refer to File any burden on competition that is not novel issues. Further, as noted above, Number SR–NYSEAmex–2010–52. This necessary or appropriate in furtherance because of the inadvertent assignment file number should be included on the of the purposes of the Act. risk, market participants could not trade subject line if e-mail is used. To help the previously approved American style Commission process and review your C. Self-Regulatory Organization’s FLEX Options expiring on Expiration comments more efficiently, please use Statement on Comments on the Friday. The proposal seeks to mitigate only one method. The Commission will Proposed Rule Change Received From such assignment risks by limiting post all comments on the Commission’s Members, Participants, or Others certain FLEX transactions to closing Internet Web site (http://www.sec.gov/ No written comments were solicited only, thereby allowing the trading of rules/sro.shtml). Copies of the or received with respect to the proposed previously approved FLEX Options. For submission, all subsequent rule change. these reasons, the Commission believes amendments, all written statements that waiver of the 30-day operative III. Date of Effectiveness of the with respect to the proposed rule delay is consistent with the protection Proposed Rule Change and Timing for change that are filed with the of investors and the public interest and Commission Action Commission, and all written therefore, designates the proposed rule communications relating to the Because the foregoing rule does not (i) change operative upon filing.13 proposed rule change between the Significantly affect the protection of At any time within 60 days of the Commission and any person, other than investors or the public interest; (ii) filing of such proposed rule change, the those that may be withheld from the impose any significant burden on Commission summarily may public in accordance with the competition; and (iii) become operative temporarily suspend such rule change if provisions of 5 U.S.C. 552, will be for 30 days from the date on which it it appears to the Commission that such available for Web site viewing and was filed, or such shorter time as the action is necessary or appropriate in the printing in the Commission’s Public Commission may designate if consistent public interest, for the protection of with the protection of investors and the Reference Room, 100 F Street, NE., public interest, provided that the self- 9 15 U.S.C. 78s(b)(3)(A). Washington, DC 20549, on official regulatory organization has given the 10 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– business days between the hours of 10 Commission written notice of its intent 4(f)(6)(iii) requires that a self-regulatory a.m. and 3 p.m. Copies of such filing to file the proposed rule change at least organization submit to the Commission written also will be available for inspection and notice of its intent to file the proposed rule change, copying at the principal office of the five business days prior to the date of along with a brief description and text of the proposed rule change, at least five business days Exchange. All comments received will 6 Through a Regulatory Services Agreement prior to the filing of the proposed rule change, or be posted without change; the (‘‘RSA’’) between NYSE Regulation, Inc. (‘‘NYSE such shorter time as designated by the Commission. Commission does not edit personal Regulation’’) and NYSE Amex, staff of NYSE The Commission notes that the Exchange has identifying information from Regulation conducts, among other things, satisfied this requirement. surveillances of the NYSE Amex options trading 11 17 CFR 240.19b–4(f)(6)(iii). submissions. You should submit only platform for purposes of monitoring compliance 12 See Securities Exchange Act Release No. 62321 information that you wish to make with the relevant trading rules by NYSE Amex (June 17, 2010), 75 FR 36130 (June 24, 2010) (SR– available publicly. All submissions participants. NYSE Amex represents that, through NYSEArca–2010–46). should refer to File No. SR– this RSA, there is appropriate surveillances in place 13 For purposes only of waiving the 30-day NYSEAmex–2010–52 and should be to monitor transactions in FLEX options. operative delay, the Commission has considered the 7 15 U.S.C. 78f(b). proposed rule’s impact on efficiency, competition, submitted on or before November 15, 8 15 U.S.C. 78f(b)(5). and capital formation. See 15 U.S.C. 78c(f). 2010.

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For the Commission, by the Division of the places specified in Item IV below. additionally list the August and Trading and Markets, pursuant to delegated The Exchange has prepared summaries, September series. For options classes in authority.14 set forth in sections A, B, and C below, the February quarterly cycle that have Florence E. Harmon, of the most significant parts of such expiration months of October, Deputy Secretary. statements. November, February, and May, the [FR Doc. 2010–26826 Filed 10–22–10; 8:45 am] A. Self-Regulatory Organization’s Exchange would additionally list the BILLING CODE 8011–01–P Statement of the Purpose of, and December and January series. Under the Statutory Basis for, the Proposed Rule proposal, no additional LEAP Series Change will be created. SECURITIES AND EXCHANGE The Exchange seeks to limit the COMMISSION 1. Purpose proposed rule change to 20 actively [Release No. 34–63133; File No. SR– The Exchange proposes to adopt a traded options classes. By limiting the NYSEArca–2010–93] Pilot Program to list additional pilot to a small number of classes, the expiration months for each class of Exchange will be able to gauge interest Self-Regulatory Organizations; Notice options opened for trading on the in the pilot while limiting any of Filing and Immediate Effectiveness Exchange, similar to a Pilot Program additional demands on system of Proposed Rule Change by NYSE recently approved for use by the resources. It has been estimated that this Arca, Inc. To Establish a Pilot Program International Securities Exchange, Inc. pilot could add up to six or seven To List Series With Additional 3 (‘‘ISE’’), by adding proposed percent to current quote traffic, although Expiration Months for Each Class of Commentary .09 to NYSE Arca Options changes in market maker quoting Options Opened for Trading on the Rule 6.4, Series of Options Open for behavior may reduce that increase by up Exchange Trading. to half. The Exchange believes that a Pursuant to NYSE Arca Rule 6.4(a), limited pilot is a prudent step to October 19, 2010. the Exchange currently opens four determine actual market demand for Pursuant to Section 19(b)(1) of the expiration months for each class of additional expiration months. Securities Exchange Act of 1934 options open for trading on the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Exchange, the first two being the two If the Exchange were to propose an notice is hereby given that, on October nearest months, regardless of the extension or an expansion of the pilot 18, 2010, NYSE Arca, Inc. (‘‘NYSE Arca’’ quarterly cycle on which that class program, or should the Exchange or the ‘‘Exchange’’) filed with the trades; the third and fourth being the propose to make the pilot program Securities and Exchange Commission next two months of the quarterly cycle permanent, NYSE Arca will submit, (‘‘SEC’’ or ‘‘Commission’’) the proposed previously designated for that specific along with any filing proposing such rule change as described in Items I and class. For example, if the Exchange amendments to the pilot program, a II below, which Items have been listed in late May a new equity option pilot program report (‘‘Report’’) that will prepared by the Exchange. The on a January-April-July-October provide an analysis of the Pilot Program Commission is publishing this notice to quarterly cycle, the Exchange would list covering the first nine months of the solicit comments on the proposed rule the two nearest term months (June and pilot program and shall submit the change from interested persons. July) and the next two months of the Report to the Commission at least sixty I. Self-Regulatory Organization’s cycle (October and January). When the (60) days prior to the expiration date of Statement of the Terms of Substance of June series expires, the Exchange would the pilot program. The Report will the Proposed Rule Change add the August series as the next nearest include, at a minimum: (1) Data and month. And when the July series written analysis on the open interest The Exchange proposes to adopt expires, the Exchange would add the and trading volume in the classes for Commentary .09 to NYSE Arca Options September series. which additional expiration months Rule 6.4 to establish a Pilot Program to The Exchange believes that there is were opened; (2) an assessment of the list additional expiration months for market demand for a greater number of appropriateness of the options classes each class of options opened for trading expiration months. The Exchange selected for the pilot program; (3) an on the Exchange. The text of the therefore proposes to adopt a Pilot assessment of the impact of the pilot proposed rule change is available at the Program pursuant to which it will list program on the capacity on NYSE Arca, Exchange, on the Commission’s Web up to an additional two expiration OPRA, and on market data vendors (to site at http://www.sec.gov, at the months, for a total of six expiration the extent data from market data Commission’s Public Reference Room, months for each class of options open vendors is available); (4) any capacity and http://www.nyse.com. for trading on the Exchange. The problems or other problems that arose II. Self-Regulatory Organization’s proposal will become effective on a during the operation of the pilot Statement of the Purpose of, and pilot basis for a period of twelve months program and how NYSE Arca addressed to commence on the next full month Statutory Basis for, the Proposed Rule such problems; (5) any complaints that after approval is received to establish Change NYSE Arca received during the the pilot program. Under the proposal, operation of the pilot program and how In its filing with the Commission, the the additional months listed pursuant to NYSE Arca addressed them; and (6) any self-regulatory organization included the pilot program will result in four additional information that would assist statements concerning the purpose of, consecutive expiration months plus two the Commission in assessing the and basis for, the proposed rule change months from the quarterly cycle. For operation of the Pilot Program. and discussed any comments it received example, for option classes in the on the proposed rule change. The text January cycle that have expiration Finally, the Exchange represents that of those statements may be examined at months of June, July, October, and it has the necessary systems capacity to January, the Exchange would support new options series that will 14 17 CFR 200.30–3(a)(12). result from the introduction of 1 15 U.S.C. 78s(b)(1). 3 See Exchange Act Release No. 63104 (October additional expiration months listed 2 17 CFR 240.19b–4. 14, 2010) approving SR–ISE–2010–91. pursuant to this proposed rule change.

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2. Statutory Basis consistent with the protection of Reference Room, 100 F Street, NE., The Exchange believes that its investors and the public interest Washington, DC 20549, on official proposal is consistent with Section 6(b) because the proposal is substantially business days between the hours of of the Securities Exchange Act of 1934 4 similar to that of another exchange that 10 a.m. and 3 p.m. Copies of the filing 8 (the ‘‘Act’’) in general, and furthers the has been approved by the Commission. also will be available for inspection and objectives of Section 6(b)(5) of the Act 5 Therefore, the Commission designates copying at the principal office of the 9 in particular, in that it is designed to the proposal operative upon filing. Exchange. All comments received will promote just and equitable principles of At any time within 60 days of the be posted without change; the trade, to remove impediments to and filing of the proposed rule change, the Commission does not edit personal perfect the mechanism of a free and Commission summarily may identifying information from open market and a national market temporarily suspend such rule change if submissions. You should submit only system, and, in general to protect it appears to the Commission that such information that you wish to make investors and the public interest. In action is necessary or appropriate in the available publicly. All submissions particular, the Exchange believes listing public interest, for the protection of should refer to File Number SR– additional near-term expiration months investors, or otherwise in furtherance of NYSEArca–2010–93 and should be will offer investors more variety in the purposes of the Act. submitted on or before November 15, trading options series that were IV. Solicitation of Comments 2010. previously not available. The Exchange Interested persons are invited to For the Commission, by the Division of believes this proposal will also generate Trading and Markets, pursuant to delegated submit written data, views, and 10 additional volume in these options arguments concerning the foregoing, authority. classes without significantly taxing including whether the proposed rule Florence E. Harmon, system resources. change is consistent with the Act. Deputy Secretary. B. Self-Regulatory Organization’s Comments may be submitted by any of [FR Doc. 2010–26926 Filed 10–22–10; 8:45 am] Statement on Burden on Competition the following methods: BILLING CODE 8011–01–P The Exchange does not believe that Electronic Comments the proposed rule change will impose • Use the Commission’s Internet SECURITIES AND EXCHANGE any burden on competition that is not comment form (http://www.sec.gov/ COMMISSION necessary or appropriate in furtherance rules/sro.shtml); or of the purposes of the Act. • Send an e-mail to rule- [Release No. 34–63126; File No. SR–NSCC– 2010–11] C. Self-Regulatory Organization’s [email protected]. Please include File Statement on Comments on the Number SR–NYSEArca–2010–93 on the Self-Regulatory Organizations; Proposed Rule Change Received From subject line. National Securities Clearing Members, Participants, or Others Paper Comments Corporation; Notice of Filing of Proposed Rule Change To Enhance No written comments were solicited • Send paper comments in triplicate the Reconfirmation and Pricing or received with respect to the proposed to Elizabeth M. Murphy, Secretary, Service, Including the Creation of the rule change. Securities and Exchange Commission, Obligation Warehouse III. Date of Effectiveness of the 100 F Street, NE., Washington, DC Proposed Rule Change and Timing for 20549–1090. October 18, 2010. Commission Action All submissions should refer to File Pursuant to Section 19(b)(1) of the Because the foregoing proposed rule Number SR–NYSEArca–2010–93. This Securities Exchange Act of 1934 change does not significantly affect the file number should be included on the (‘‘Act’’) 1 and Rule 19b–4 thereunder 2 protection of investors or the public subject line if e-mail is used. To help the notice is hereby given that on October interest, does not impose any significant Commission process and review your 5, 2010, the National Securities Clearing burden on competition, and, by its comments more efficiently, please use Corporation (‘‘NSCC’’) filed with the terms, does not become operative for 30 only one method. The Commission will Securities and Exchange Commission days from the date on which it was post all comments on the Commission’s (‘‘Commission’’) the proposed rule filed, or such shorter time as the Internet Web site (http://www.sec.gov/ change as described in Items I and II Commission may designate, it has rules/sro.shtml). Copies of the below, which Items have been prepared become effective pursuant to Section submission, all subsequent primarily by NSCC.3 The Commission is 19(b)(3)(A) of the Act 6 and Rule 19b– amendments, all written statements publishing this notice to solicit 4(f)(6) thereunder.7 with respect to the proposed rule comments on the proposed rule change The Exchange has requested that the change that are filed with the from interested persons. Commission waive the 30-day operative Commission, and all written delay. The Commission believes that communications relating to the I. Self-Regulatory Organization’s waiver of the operative delay is proposed rule change between the Statement of the Terms of the Substance Commission and any person, other than of the Proposed Rule Change 4 15 U.S.C. 78f(b). those that may be withheld from the The purpose of this proposed rule 5 15 U.S.C. 78f(b)(5). public in accordance with the change is to enhance the Reconfirmation 6 15 U.S.C. 78s(b)(3)(A). provisions of 5 U.S.C. 552, will be and Pricing Service (‘‘RECAPS’’) process, 7 17 CFR 240.19b–4(f)(6). In addition, Rule available for Web site viewing and 19b–4(f)(6)(iii) requires the Exchange to give the printing in the Commission’s Public 10 Commission written notice of the Exchange’s intent 17 CFR 200.30–3(a)(12). to file the proposed rule change, along with a brief 1 15 U.S.C. 78s(b)(1). description and text of the proposed rule change, 8 See supra note 3. 2 17 CFR 240.19b–4. at least five business days prior to the date of filing 9 For purposes only of waiving the 30-day 3 The text of the proposed rule change is attached of the proposed rule change, or such shorter time operative delay, the Commission has considered the as Exhibit 5 to NSCC’s filing and is available at as designated by the Commission. The Exchange proposed rule’s impact on efficiency, competition, http://www.dtcc.com/downloads/legal/rule_filings/ has satisfied this requirement. and capital formation. See 15 U.S.C. 78c(f). 2010/nscc/2010-11.pdf.

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to modify RECAPS to run on a more obligations. The tracking, storage, and member failed to timely submit a frequent basis, and to rename RECAPS maintenance functionality of the OW transaction to RECAPS. As-of trades are as the Obligation Warehouse (‘‘OW’’) will provide transparency, will make compared only if there is an exact service. information available to its users while match, and no trade resolution process serving as a central depository of open is available. NSCC produces II. Self-Regulatory Organization’s (i.e., failed or unsettled) broker-to- supplemental RECAPS Contracts Statement of the Purpose of, and broker obligations, and will allow users showing items compared on Monday’s Statutory Basis for, the Proposed Rule to manage and to resolve exceptions input and CNS and non-CNS Compared Change (e.g., ‘‘don’t know’’ or ‘‘DK’’ obligations) Trade Summaries for those items that In its filing with the Commission, in an efficient and timely manner. As compared as a result of Monday’s NSCC included statements concerning proposed, OW will simultaneously submission. the purpose of and basis for the provide on-going maintenance and 3. Fails that compared on the Friday proposed rule change and discussed any servicing of open OW Obligations, such submission will settle on Monday. Fails comments it received on the proposed as adjustments for corporate actions and that compared on the Monday rule change. The text of these statements regular scans of OW Obligations for CNS submission will settle on Tuesday. may be examined at the places specified eligibility.7 4. A RECAPS Activity Report is made in Item IV below. NSCC has prepared Current RECAPS Service available to members at the end of the summaries, set forth in sections (A), (B), RECAPS cycle. and (C) below, of the most significant RECAPS allows members to 5. The net cash adjustment (the aspects of these statements.4 periodically reconfirm open, aged fails difference between the aggregate value (i.e., fails that are five days or older), of the original fails and the aggregate (A) Self-Regulatory Organization’s reprice such fails to the current market Statement of the Purpose of, and value of the reconfirmed trades) will value, and when possible, net the settle the day the underlying RECAPS Statutory Basis for, the Proposed Rule reconfirmed and repriced fails. All Change Contract settles and is included as part NSCC members that are also members of of the member’s daily money settlement Background the Financial Industry Regulatory with NSCC. Authority (‘‘FINRA’’) are required to RECAPS is NSCC’s automated fail 6. Because RECAPS is not a participate in the RECAPS service; 8 clearance system for eligible securities. guaranteed service of NSCC, if NSCC however, the service is available to all Through RECAPS, members are does not receive payment from a members. As part of the RECAPS provided with an opportunity on a member, NSCC may, in its discretion, process, those CNS-eligible recompared quarterly basis to reconfirm and reprice reverse in whole or part any credit fails are forwarded to CNS for compared transactions which remain previously given to a member that is the processing and settlement. Transactions unsettled (i.e., fail transactions). The contra side to a trade reconfirmed and in non-CNS eligible issues are repriced, repriced through RECAPS. rule change proposes to modify RECAPS netted, and allotted, when applicable, to run on a more frequent basis, enhance and Balance Orders generated for them Obligation Warehouse the RECAPS process, and rename the or they are designated to settle trade-for- RECAPS process the Obligation Currently, many of the transactions trade. submitted to RECAPS by members are Warehouse (‘‘OW’’ or ‘‘OW Service’’). As RECAPS provides reject and DK subject to noncentralized, manual more fully described below, the capabilities for advisories received and processes for purposes of comparison of proposed enhanced service will requires members to effectively respond fail details and fail confirmation. Under provide: (1) Comparison of transactions to all open fails submitted by a that are not otherwise submitted by the contraparty through a batch overnight this proposed rule change, NSCC applicable marketplaces or members submission. Advisories that are either proposes to enhance and rename the themselves for trade comparison or ‘‘unresponded to’’ or ‘‘DK’d’’ are subject RECAPS service as the OW to which recording through other NSCC trade to close-out action under the rules of the members may submit and may capture services; (2) tracking, storage, appropriate marketplace. RECAPS subsequently maintain and manage their and maintenance of unsettled provides for a one-day settlement unsettled transactions. As part of these obligations either compared through the capability for all compared fails. enhancements, NSCC proposes to service or forwarded to it from other Currently, the RECAPS processing provide a trade matching and NSCC services in accordance with procedures are as follows: confirmation process pursuant to which NSCC rules (including securities exited 1. On a Friday evening at the time and members may submit to NSCC from NSCC’s Continuous Net Settlement in the manner established by NSCC, information on certain obligations that (‘‘CNS’’) system, non-CNS Automated members submit RECAPS fail are not otherwise submitted to NSCC by Customer Account Transfer Service information (‘‘RECAPS Input’’). the applicable marketplaces or members (‘‘ACATS’’) items,5 NSCC Balance Order 2. On the following Monday morning, themselves through NSCC’s other trade transactions and Special Trades) NSCC produces RECAPS Contracts comparison or recording services.9 (collectively ‘‘OW Obligations’’); 6 and indicating compared, uncompared, and (3) repricing and netting of fail advisory items. Members: (i) Must 9 See Procedure II (Trade Comparison and respond to all advisories that they Recording Service) which sets forth the procedures for comparison of direct submissions by members 4 The Commission has modified the text of the receive as a result of the initial fail and trade recording of locked-in transactions. In summaries prepared by NSCC. submission (either by submitting an accordance with Municipal Securities Rulemaking 5 Only non-CNS eligible ACATS items and CNS- advisory, a ‘‘DK,’’ or a reject) and (ii) Board (‘‘MSRB’’) rules, NSCC reports transactions in eligible ACATS items that have been designated as may submit an ‘‘as-of’’ trade if the municipal securities compared through its Real- ex-CNS shall be forwarded to the OW. Non-CNS time Trade Matching (‘‘RTTM’’) service to the MSRB ACATS items for mutual funds, limited on behalf of members; however, transactions partnerships, and safekeeping items, however, will 7 These functionalities will be made available at submitted through the OW will not be reported to not be eligible for OW. a date no less than ten business days following the MSRB. In order to remain compliant with MSRB 6 Balance Orders will be forwarded to the OW announcement of implementation by Important reporting requirements, members will have to after netting and allotting has occurred in Notice. continue to make submissions subject to MSRB accordance with NSCC’s Procedures. 8 FINRA Rule 11190(a). rules through RTTM.

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Comparison of transactions submitted contraparty will receive an advisory to eligible and is sent to CNS for through the OW will occur in real-time. which it must respond by submitting settlement). Obligations will be tracked and identical transaction details to facilitate NSCC may adjust any compared OW maintained within the OW and will be a compared obligation or by submitting Obligation with respect to certain made available for RECAPS processing a DK.14 If a member does not act on an mandatory reorganization events, which (as described below) until settled or advisory submitted against it by the will initially be limited to forward otherwise cancelled. In addition, close of business on the day after splits, name changes, redemptions, transactions exited from CNS, non-CNS- submission, NSCC may impose a fee mergers (both cash and stock), and full eligible ACATS items, and Balance upon the member. If the deliverer and calls with respect to bonds. In the case Orders, and Special Trades will also be receiver submit trade data that matches of such a mandatory reorganization, at forwarded to the OW for storage and in all required respects, the trade will be such time on or after the effective date maintenance and RECAPS processing.10 deemed compared.15 NSCC may permit of the reorganization as NSCC shall Compared items stored in the OW uncompared trade details to be modified determine and to the extent NSCC has (whether compared by the OW or or cancelled by the submitter on the the relevant information, the affected forwarded to it from other NSCC submission date through the use of the OW Obligation may be adjusted in services or systems) will be referred to appropriate instruction.16 Upon accordance with the terms of the as ‘‘OW Obligations.’’ As more fully comparison, NSCC may permit reorganization event. With respect to described below, in order to further obligations to be cancelled if both name changes and forward splits, OW reduce manual processing by members, receiver and deliverer agree by positions in the subject security will be NSCC may automatically adjust any OW submitting a cancel request or if one converted into the equivalent positions Obligations for certain mandatory party accepts the other party’s cancel of the new securities and/or cash, and reorganization events, which will request. Each OW Obligation will a new obligation will be created initially be limited to adjustments for receive an ‘‘OW Control Number’’ to automatically as part of the processing forward splits, name changes, facilitate tracking the obligation through in the OW. Any cash component redemptions, mergers (both cash and its settlement, cancellation, or closure. associated with a mandatory stock), and full calls with respect to NSCC will have no responsibility for reorganization will be included as part bonds.11 determining whether any trade of the member’s daily money settlement The proposed OW Service will submission is duplicative of an earlier with NSCC.17 forward to CNS on a daily basis (or such trade submission, and any such input Unless otherwise excluded by a other time frame as NSCC determines will be treated as a separate submission. member, all CNS-eligible OW from time to time) OW Obligations in NSCC may delete trade input which is Obligations that reach the status of CNS-eligible securities.12 However, the not matched by such time frames as it settlement date minus one (‘‘SD–1’’) or OW will not be a guaranteed service, determines from time to time. that have reached or passed their scheduled settlement date, may be and an obligation forwarded to CNS will Maintenance and Tracking only be guaranteed to the extent that the forwarded to CNS by NSCC on a daily member meets its settlement obligation The proposed OW service will permit basis.18 However, the settlement of any on the date the item is originally members to track each OW Obligation such item forwarded to CNS will be scheduled to settle in CNS. Transactions for the life of the obligation until it has guaranteed only to the extent that the eligible for submission will have to have been (i) Settled, (ii) cancelled by member pays its full settlement a valid CUSIP or ISIN and be members party to the obligation, or (iii) obligation on the date the item is denominated in U.S. Dollars or such otherwise closed in the OW Service by scheduled to settle in CNS. An item other currencies as NSCC may designate NSCC pursuant to NSCC Rules (e.g., forwarded to CNS from the OW may be when the obligation becomes CNS- from time to time. NSCC may determine exited from the CNS Accounting from time to time and shall announce by Operation to the extent the member fails party is deliverer or receiver, contra-broker, to complete its settlement obligation. If Important Notice which items are deliverer’s final money, settlement date, market eligible for submission to OW. Initially, participation identification (MPID) (if applicable), NSCC exits an item, any credits received government, mortgage-backed, and Member’s unique reference number (‘‘x-ref’’), by a member arising from the whether a transaction should be excluded from CNS corresponding payment obligation shall foreign securities will all specifically processing and other identifying details as NSCC not be eligible. Further, cash trades will may require or permit. be reversed, and settlement of the item be processed by OW only after 14 Obligations will be able to be submitted to the shall be effected between the receiving settlement failure of these trades. OW in real-time. Required matching criteria will and delivering member outside the include the specific criteria listed in the facilities of NSCC. OW Comparison and Trade Resolution immediately preceding footnote (except for the x- OW Obligations for which deliveries Procedures ref), and other identifying details as NSCC may require or permit. Any submission of a DK must are made through The Depository Trust As proposed, once a party enters the include the applicable reason code pertaining to the Company (‘‘DTC’’) through either The required transaction information,13 the Member’s disagreement with the transaction. New York Window (‘‘NYW’’) or 15 If the deliverer and receiver submit trade data electronic book-entry deliver order that 10 that matches in all required respects, the trade will Such items will be subject to the validation be deemed compared if it meets an initial money include the OW Control Number will be criteria of the systems/services that forwarded them tolerance of $5 per million. The amount of the updated to indicate that they have to the OW; therefore, the matching/validation money tolerance may change from time to time criteria (which are set forth in footnote 9 below) settled in accordance with proper following the filing of a proposed rule change by instructions from DTC or the member, will not apply. NSCC. 11 Adjustments for mandatory reorganization 16 Modification of transaction details will result events are expected to be available shortly after in the cancellation of the existing entry and the 17 In the event that NSCC ceases to act for a February 4, 2011, or a date no less than 10 business opening of a new submission. Transaction details member pursuant to Rule 18, NSCC will reverse days following announcement of its that have been DK’d by a contraparty will be credits and debits relating to such a cash implementation by Important Notice. deleted from processing in accordance with time adjustment. 12 This functionality is anticipated to be rolled frames specified by NSCC from time to time. 18 This functionality is expected to be rolled out out in early March 2011. Initially, such transaction details will be deleted on by March 2011 or on a date no less than 10 business 13 Data required for a valid submission will the fifth business day following submission of the days following announcement of its include security identification, quantity to which DK by the contraparty. implementation by Important Notice.

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respectively. In order to give effect to On a day specified by NSCC, each OW forth in Procedure II, Section F such an update, members must provide Obligation eligible for RECAPS 22 will (RECAPS) and thus Section F will be DTC with instructions in accordance be re-priced, if appropriate,23 renetted deleted. with DTC’s procedures and must and allotted, if appropriate, the In addition, NSCC proposes to make include the OW Control Number. In the settlement date will be updated to the conforming changes to: event of a partial delivery through DTC, next business date, and a new OW a. Rule 1 (Definitions) to add a NSCC will update the records for the Obligation will be opened. Securities definition for ‘‘Obligation Warehouse’’ respective OW Obligation accordingly that are not CNS-eligible or are and ‘‘OW Obligation’’; based on information received either designated as trade-for-trade will not be b. Rule 7 (Comparison and Trade from DTC or the member’s update to netted and allotted. Obligations eligible Recording Operation) to remove their own OW Obligation records. Other for RECAPS in the OW can be excluded language from the rule relating to items will be recorded as settled upon from the RECAPS process if so submission of data to NSCC for the submission of appropriate designated by the member. reconfirmation and repricing of trade instructions by the counterparties. All new obligations arising from the data with respect to transactions already Obligations that have been reflected in RECAPS process will be tracked and compared through the facilities of NSCC the OW as settled may be reopened processed in accordance with the OW or other facilities, as this service will (either partially or fully) as a result of procedures described above. If a fail was now occur pursuant to Rule 51 and a delivery reclaim message sent by open over an interest payment date, the Procedure XVII; either party to the obligation to OW. parties to the trade will be required to c. Rule 11 (CNS System) to provide Updates to reflect reclaims of settled settle that interest payment outside of that obligations arising from Special transactions will be made once one the OW. Any net cash adjustments Trades will be automatically entered party enters details of the original resulting from the RECAPS process will into the OW; transaction and the original be sent to NSCC Settlement as they are d. Rule 18 (Procedures for When transaction’s OW Control Number.19 under the current process. NSCC Ceases to Act) to reflect that (i) Once these details are submitted, an the OW Obligations that have been advisory of the reclaim will be sent to Reporting forwarded to CNS for settlement relating the contraparty that must then submit The rule change proposes that each to a member for which NSCC has ceased either identical transaction details to member will receive real-time updates to act will be removed from the CNS facilitate the reclaim and reopening of regarding its OW activity. In addition, Accounting Operation and that any the obligation in OW or notification that NSCC proposes to make available to outstanding OW Obligations of the it does not accept the reclaim details each member an end-of-day report that member will be removed from the OW entered by the initiating party. Updates reflects all end-of-day positions of such service and (ii) NSCC will reverse any for reclaims may only be submitted to member in OW, which may be accessed cash adjustments that were forwarded to the OW for a period of two business by members through NSCC’s systems. settlement relating to the OW activity of days following the actual settlement Accordingly, NSCC will discontinue a member for which NSCC has ceased date of the relevant obligation. If the issuance of all RECAPS reports (e.g., to act; reclaim message is not accepted by the RECAPS Contracts/Supplemental e. Rule 50 (Automated Customer contraparty, it will be deleted from the Contracts and RECAPS Compared Trade Account Transfer Service) to reflect that OW, and the parties will need to Summaries). non-CNS ACATS items (as well as CNS- generate a new reclaim message in OW. eligible items designated to be delivered If the original obligation has been Proposed Rule Changes ex-CNS) will be automatically entered settled for longer than two business The rule change also proposes that into the OW; days, any reclaim message will be NSCC will create a new Rule 51 e. Procedure V (Balance Order rejected. (Obligation Warehouse) and Procedure Accounting Operation) to reflect that Under the proposal, if NSCC ceases to IIA (Obligation Warehouse) to reflect the Balance Orders will be automatically act for a member, all open activity changes and enhancements as described entered into the OW; and relating to that member will be deleted above. Rule 51 would provide: (i) A f. Procedure VII (CNS Accounting from the OW. However, the reports general description of the OW service, Operation) to reflect (i) the addition of relating to such activity will be (ii) a provision relating to the settlement CNS-eligible OW activity to the CNS maintained in accordance with NSCC’s of OW Obligations and the non- Miscellaneous Activity Report and (ii) record retention requirements. guaranteed nature of the service, and securities removed from CNS that result in a CNS Receive and Deliver Modified RECAPS Process (iii) a limitation of liability on the part of NSCC with respect to obligations Instructions will be entered into the As proposed, the existing RECAPS processed through the OW. Obligation Warehouse service. process will continue to function in a Furthermore, the provisions of 20 Pilot and Participant Testing modified form. NSCC proposes that Procedure IIA will supersede those set upon implementation of OW, the NSCC implemented a pilot program of RECAPS process will be incorporated process on a monthly cycle. Members will be the OW process in early February 2010 into OW and will require one day to notified of changes in the processing cycle, if any, for firms that had completed systems complete. It is anticipated that the by an NSCC Important Notice. changes necessary to participate in the process will occur more frequently than 22 Obligations that are matched and have a process. This pilot program ended at the 21 settlement date of at least two days prior to the date beginning of June 2010, as additional the current quarterly schedule. on which the RECAPS process commences will be considered for inclusion in the RECAPS process, discussions ensued between NSCC and 19 Transaction details required will be identical to and therefore, fail items not already in the OW and its participant members regarding the those required when comparing an obligation, set eligible for RECAPS processing must be submitted additional functionalities sought to be out in note 9 above. by the Member prior to RECAPS processing. included within the service, which are 20 It is expected that the first RECAPS process in 23 In the event that the current market price for the OW will run in late March or early April 2011. a security is not available, the obligation will be described in this filing. Prior to 21 Upon implementation of the changes described priced at the amount at which the obligation was implementation of OW, NSCC proposes herein, NSCC anticipates operating the RECAPS previously matched. that a participant testing period will

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take place between November 2010 and solicited or received. NSCC will notify printing in the Commission’s Public January 2011. An industry-wide test of the Commission of any written Reference Section, 100 F Street, NE., the OW RECAPS process would be comments received by NSCC. Washington, DC 20549–1090, on official scheduled for March 11, 2011. business days between the hours of 10 III. Date of Effectiveness of the a.m. and 3 p.m. Copies of such filings Implementation Timeframe Proposed Rule Change and Timing for will also be available for inspection and NSCC proposes to implement the Commission Action copying at the principal office of NSCC changes set forth in this filing for all Within forty-five days of the date of and on NSCC’s Web site at http:// members during the first quarter of 2011 publication of this notice in the Federal www.dtcc.com/downloads/legal/ with the first settlement date expected Register or within such longer period (i) rule_filings/2010/nscc/2010-11.pdf. All to be on January 24, 2011. Mandatory as the Commission may designate up to comments received will be posted reorganization events are anticipated to ninety days of such date if it finds such without change; the Commission does be applied to OW Obligations shortly longer period to be appropriate and not edit personal identifying after February 4, 2011, on a date no less publishes its reasons for so finding or information from submissions. You than 10 business days following (ii) as to which the self-regulatory should submit only information that announcement of its implementation by organization consents, the Commission you wish to make available publicly. All Important Notice. Similarly, at the will: submissions should refer to File request of the industry, the functionality (A) By order approve or disapprove Number SR–NSCC–2010–11 and should providing for OW Obligations in CNS- the proposed rule change or be submitted on or before November 15, eligible securities to be reviewed and (B) Institute proceedings to determine 2010. whether the proposed rule change sent to CNS will be implemented For the Commission by the Division of several weeks after the initial launch to should be disapproved. Trading and Markets, pursuant to delegated give members time to familiarize 24 IV. Solicitation of Comments authority. themselves with the OW settlement Florence E. Harmon, Interested persons are invited to tracking functionality. Accordingly, Deputy Secretary. after March 4, 2011, or on a date no less submit written data, views, and [FR Doc. 2010–26805 Filed 10–22–10; 8:45 am] than 10 business days following arguments concerning the foregoing, announcement of its implementation by including whether the proposed rule BILLING CODE P Important Notice obligations in the OW change is consistent with the Act. will be reviewed for CNS-eligibility and Comments may be submitted by any of DEPARTMENT OF STATE if eligible, will be closed and sent to the following methods: CNS. The first RECAPS process in the Electronic Comments [Public Notice: 7166] OW will be run in late March or early • April 2011. Pending Commission Use the Commission’s Internet Overseas Security Advisory Council approval, members will be advised of comment form (http://www.sec.gov/ (OSAC) Meeting Notice rules/sro.shtml) or the implementation dates through • Closed Meeting issuance of NSCC’s Important Notices. Send an e-mail to rule- The proposed rule change is [email protected]. Please include File The Department of State announces a consistent with the requirements of the Number SR–NSCC–2010–11 on the meeting of the U.S. State Department— Securities Exchange Act of 1934, as subject line. Overseas Security Advisory Council on amended (‘‘Act’’) and the rules and Paper Comments November 16, 17, and 18 at the U.S. regulations thereunder applicable to Department of State, Washington DC. • Send paper comments in triplicate NSCC because it facilitates the prompt Pursuant to Section 10(d) of the Federal to Elizabeth M. Murphy, Secretary, and accurate clearance and settlement of Advisory Committee Act (5 U.S.C. Securities and Exchange Commission, securities transactions by providing for Appendix), 5 U.S.C. 552b(c)(4), and 100 F Street, NE., Washington, DC greater efficiency and transparency with 5 U.S.C. 552b(c)(7)(E), it has been 20549–1090. respect to securities transaction determined that the meeting will be obligations processed through the OW. All submissions should refer to File closed to the public. The meeting will In addition, the proposal is consistent Number SR–NSCC–2010–11. This file focus on an examination of corporate with the CPSS/IOSCO number should be included on the security policies and procedures and Recommendations for Central subject line if e-mail is used. To help the will involve extensive discussion of Counterparties in that it facilitates the Commission process and review your trade secrets and proprietary prompt and automated confirmation comments more efficiently, please use commercial information that is and comparison of trades, and the only one method. The Commission will privileged and confidential, and will tracking of fail transactions by the post all comments on the Commission’s discuss law enforcement investigative parties thereto through settlement. Internet Web site (http://www.sec.gov/ techniques and procedures. The agenda rules/sro.shtml). Copies of the will include updated committee reports, (B) Self-Regulatory Organization’s submission, all subsequent a global threat overview, and other Statement on Burden on Competition amendments, all written statements matters relating to private sector NSCC does not believe that the with respect to the proposed rule security policies and protective proposed rule change would impose any change that are filed with the programs and the protection of U.S. burden on competition. Commission, and all written business information overseas. communications relating to the For more information, contact Marsha (C) Self-Regulatory Organization’s proposed rule change between the Thurman, Overseas Security Advisory Statement on Comments on the Commission and any person, other than Council, U.S. Department of State, Proposed Rule Change Received From those that may be withheld from the Washington, DC 20522–2008, phone: Members, Participants or Others public in accordance with the 571–345–2214. Written comments relating to the provisions of 5 U.S.C. 552, will be proposed rule change have not been available for Web site viewing and 24 17 CFR 200.30–3(a)(12).

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Dated: October 13, 2010. —Biennial agenda and provisional FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey W. Culver, agenda for SLF 54. Avelino Gutierrez, Chair, Unified Director of the Diplomatic Security Service, —Election of Chairman and Vice- Carrier Registration Board of Directors at U.S. Department of State. Chairman for 2012. (505) 827–4565. [FR Doc. 2010–26885 Filed 10–22–10; 8:45 am] —Any other business. Issued on: October 19, 2010. —Report to the Maritime Safety BILLING CODE 4710–24–P Committee. Larry W. Minor, Associate Administrator for Policy and Members of the public may attend Program Development. DEPARTMENT OF STATE this meeting up to the seating capacity of the room. To facilitate the building [FR Doc. 2010–27080 Filed 10–21–10; 4:15 pm] [Public Notice 7170] security process and to request BILLING CODE 4910–EX–P Shipping Coordinating Committee; reasonable accommodation, those who Notice of Subcommittee Meeting plan to attend should contact the DEPARTMENT OF TRANSPORTATION meeting coordinator, LCDR Tracy The Shipping Coordinating Phillips, by e-mail at Federal Aviation Administration Committee (SHC) will conduct an open [email protected], by phone at meeting at 1 p.m. on Tuesday, December (202) 372–1373, by fax at (202) 372– Notice of Passenger Facility Charge 7, 2010, in Conference Room 5–1224 of 1925, or in writing at Commandant (CG– (PFC) Approvals and Disapprovals the United States Coast Guard 5212), U.S. Coast Guard, 2100 2nd AGENCY: Federal Aviation Headquarters Building, 2100 Second Street, SW., Stop 7126, Washington, DC Administration (FAA), DOT. Street, SW., Washington, DC 20593– 20593–7126 not later than 72 hours 0001. The primary purpose of the before the meeting. Please note that due ACTION: Monthly Notice of PFC meeting is to prepare for the fifty-third to security considerations, two valid, Approvals and Disapprovals. In Session of the International Maritime government issued photo identifications September 2010, there were four Organization (IMO) Subcommittee on must be presented to gain entrance to applications approved. This notice also Stability and Load Lines and on Fishing the Headquarters building. The includes information on seven Vessels Safety (SLF) to be held at the Headquarters building is accessible by applications, one approved in May IMO Headquarters, United Kingdom, taxi and privately owned conveyance 2009, two approved in July 2010, and from January 10 to January 14, 2011. (public transportation is not generally four approved in August 2010, The primary matters to be considered available). However, parking in the inadvertently left off the May 2009, July include: vicinity of the building is extremely 2010, and August 2010 notices, —Adoption of the agenda. limited. Additional information respectively. Additionally, 17 approved —Decisions of other IMO bodies. regarding this and other IMO SHC amendments to previously approved —Development of new generation intact public meetings may be found at: http:// applications are listed. stability criteria. www.uscg.mil/hq/cg5/imo. SUMMARY: The FAA publishes a monthly —Guidelines to enhance the safety of Dated: October 19, 2010. notice, as appropriate, of PFC approvals small fishing vessels. Jon Trent Warner, and disapprovals under the provisions —Guidelines to improve the effect of the of the Aviation Safety and Capacity 1969 Tonnage Measurement Executive Secretary, Shipping Coordinating Committee, Department of State. Expansion Act of 1990 (Title IX of the Convention on ship design and safety. Omnibus Budget Reconciliation Act of —Standards on time-dependent [FR Doc. 2010–26888 Filed 10–22–10; 8:45 am] BILLING CODE 4710–09–P 1990) (Pub. L. 101–508) and Part 158 of survivability of passenger ships in the Federal Aviation Regulations (14 damaged condition. CFR part 158). This notice is published —Stability and sea-keeping pursuant to paragraph d of § 158.29. characteristics of damaged passenger DEPARTMENT OF TRANSPORTATION ships in a seaway when returning to PFC Applications Approved Federal Motor Carrier Safety port under own power or under tow. Public Agency: Massachusetts Port Administration —Guidelines for verification of damage Authority, Boston, Massachusetts. stability requirements for tankers and Application Number: 09–05–U–00– bulk carriers. Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors BOS. —Safety provisions applicable to Application Type: Use PFC revenue. tenders operating from passenger AGENCY: Federal Motor Carrier Safety PFC Level: $4.50. ships. Administration (FMCSA), DOT. Total PFC Revenue Approved for Use —Review of damage stability TIME AND DATE: November 4, 2010, 12 in This Decision: $9,756,941. regulations for ro-ro passenger ships. noon to 3 p.m., Eastern Daylight Time. Charge Effective Date: February 1, —Legal and technical options to 2011. PLACE: This meeting will take place facilitate and expedite the earliest Estimated Charge Expiration Date: telephonically. Any interested person possible entry into force of the 1993 February 1, 2016. may call 877.768.0032, passcode, Torremolinos Protocol. Class of Air Carriers Not Required To —Amendments to SOLAS chapter II–1 4856462 to participate in this meeting. Collect PFCs: No change from previous subdivision standards for cargo ships. STATUS: Open to the public. decision. —Amendments to the 1966 Load Line MATTERS TO BE CONSIDERED: The Unified Brief Description of Project Approved Convention and the 1988 Load Line Carrier Registration Plan Board of for Use: Centerfield taxiway. Protocol related to seasonal zones. Directors (the Board) will continue its Decision Date: May 15, 2009. —Revision of SOLAS chapter II–1 work in developing and implementing For Further Information Contact: subdivision and damage stability the Unified Carrier Registration Plan Priscilla Scott, New England Region regulations. and Agreement and to that end, may Airports Division, (781) 238–7614. —Consideration of IACS unified consider matters properly before the Public Agency: State of Connecticut interpretations. Board. Department of Transportation, Bureau of

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Aviation and Ports, Windsor Locks, Decision Date: July 28, 2010. (VPS) terminal building but at the Eglin Connecticut. For Further Information Contact: Jim Air Force Base military facilities. Application Number: 10–18–C–00– Johnson, Central Region Airports Determination: Approved. Based on BDL. Division, (816) 329–2600. information contained in the public Application Type: Impose and use a Public Agency: City of Saint Louis, agency’s application, the FAA has PFC. Missouri. determined that the approved class PFC Level: $4.50. Application Number: 10–10–U–00– accounts for less than 1 percent of the Total PFC Revenue Approved in This STL. total annual enplanements at VPS. Decision: $5,243,181. Application Type: Use PFC revenue. Brief Description of Projects Approved Earliest Charge Effective Date: July 1, PFC Level: $3.00. for Collection and Use: Terminal 2021. Total PEG Revenue Approved for Use additions phase 1A. Construct and Estimated Charge Expiration Date: in This Decision: $6,488,607. equip new west side surface public December 1, 2021. Charge Effective Date: June 1, 2019. parking lot. Construct and equip Class of Air Carriers Not Required To Estimated Charge Expiration Date: expansion of west side surface public Collect PFCs: On-demand air taxi February 1, 2022. parking lot and rehabilitate north public commercial operators. Class of Air Carriers Not Required To parking lot. Install high mast lighting for Determination: Approved. Based on Collect PFC’s: No change from previous cargo apron. PFC program formulation information contained in the public decision. and administrative costs. agency’s application, the FAA has Brief Description of Project Approved Brief Description of Projects Partially determined that the approved class for Use: Taxiway reconstruction (F and Approved for Collection and Use: accounts for less than 1 percent of the V). Construct cargo apron. Terminal total annual enplanements at Bradley Decision Date: August 13, 2010. additions phase 1B. International Airport. For Further Information Contact: Determination: The amount requested Brief Description of Projects Approved Nicoletta Oliver, Central Region by the public agency, when combined for Collection and Use at a $4.50 PFC Airports Division, (816) 329–2642. with the other funding sources for these Level: Residential sound insulation Public Agency: Meridian Airport projects, exceeded the stated total program. Relocate airfield lighting vault. Authority, Meridian, Mississippi. project cost. Therefore, the PFC amount Brief Description of Projects Approved Application Number: 10–11–C–00– for each project was reduced. for Collection and Use at a $3.00 PFC MEI. Decision Date: August 24, 2010. Level: New terminal development Application Type: Impose and use a For Further Information Contact: schematic preliminary engineering PFC. Susan Moore, Orlando Airports District study and design. Replace two 1997 PFC Level: $4.50. Office, (407) 812–6331. snow blower attachments. Replace two Total PFC Revenue Approved in This Public Agency: Akron—Canton 1997 snow broom attachments. Decision: $240,000. Regional Airport Authority, Akron, Decision Date: July 26, 2010. Earliest Charge Effective Date: Ohio. For Further Information Contact: August 1, 2017. Application Number: 10–07–C–00– Priscilla Scott, New England Region Estimated Charge Expiration Date: CAK. Airports Division, (781) 238–7614. October 1, 2020. Application Type: Impose and use a Public Agency: Wichita Airport Class of Air Carriers Not Required To PFC. Authority, Wichita, Kansas. Collect PFC’s: None. PFC Level: $4.50. Application Number: 10–07–C–00– Brief Description of Projects Approved Total PFC Revenue Approved in This ICT. for Collection and Use: Improve Decision: $7,221,614. Application Type: Impose and use a terminal building. Construct apron. Earliest Charge Effective Date: PFC. Rehabilitate/construct hangar access August 1, 2015. PFC Level: $4.50. road. Wildlife control equipment, Estimated Charge Expiration Date: Total PFC Revenue Approved in This fencing, perimeter road. January 1, 2019. Decision: $166,384,422. Decision Date: August 16, 2010. Class of Air Carriers Not Required To Earliest Charge Effective Date: For Further Information Contact: Collect PFC’s: Air taxi/commercial November 1, 2010. Kevin Morgan, Jackson Airports District operators. Estimated Charge Expiration Date: Office, (601) 664–9891. Determination: Approved. Based on April 1, 2046. Public Agency: County of Okaloosa, information contained in the public Class of Air Carriers Not Required To Valparaiso, Florida. agency’s application, the FAA has Collect PFCs: None. Application Number: 10–05–C–00– determined that the approved class Brief Description of Projects Approved VPS. accounts for less than 1 percent of the for Collection and Use: Air carrier Application Type: Impose and use a total annual enplanements at Akron- apron. Pavement condition inventory. PFC. Canton Regional Airport. New terminal building. Landside PFC Level: $4.50. Brief Description of Projects Approved utilities and Mid-Continent Drive Total PFC Revenue Approved in This for Collection and Use: De-icing north relocation. Consultant services. Multi- Decision: $7,816,386. pad construction. De-icing south pad purpose snow vehicle. Snow removal Earliest Charge Effective Date: April 1, construction. De-icing treatment plant. equipment facility site improvements. 2021. Domestic water service. CTX design and Brief Description of Disapproved Estimated Charge Expiration Date: installation. Landside planning effort Project: Financing costs (audit). May 1, 2025. study. Runways 5 and 23 environmental Determination: Disapproved. The Class of Air Carriers Not Required To assessment study. Runways 5 and 23 public agency did not provide sufficient Collect PFC’s: Air carriers when runway safety area fix. Wildlife habitat information in the justification and PFC operating military-related charter flights removal. Aircraft rescue and objective sections of the Attachment B not enplaning passengers at the firefighting, snow removal equipment for this project. Northwest Florida Regional Airport storage facility design. Aircraft rescue

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and firefighting, snow removal pavement and infrastructure Estimated Charge Expiration Date: equipment storage facility construction. improvements. Airfield signage August 1,2018. Aircraft rescue and firefighting vehicle replacement. Aircraft rescue and Class of Air Carriers Not Required To A. Aircraft rescue and firefighting firefighting station improvements. Collect PFC’s: Air taxi/commercial vehicle b. Federal inspection facility Terminal area access road. Residential operators filing FAA Form 1800–31. study. sound attenuation program. Determination: Approved. Based on Decision Date: August 31, 2010. Decision Date: September 2, 2010. information contained in the public For Further Information Contact: For Further Information Contact: agency’s application, the FAA has Irene Porter, Detroit Airports District Darlene Williams, Los Angeles Airports determined that the approved class Office, (734) 229–2915. District Office, (310) 725–3625. accounts for less than 1 percent of the Public Agency: County of Montrose, Public Agency: County of Natrona total annual enplanements at Southwest Montrose, Colorado. Board of Trustees, Casper, Wyoming. Florida International Airport. Application Number: 10–05–C–00– Application Number: 10–06–C–00– Brief Description of Projects Approved MTJ. CPR. for Collection and Use at a $4.50 PFC Application Type: Impose and use a Application Type: Impose and use a Level: Aircraft rescue and firefighting PFC. PFC. station design and construction. PFC Level: $4.50. PFC Level: $4.50. Midfield taxiways and apron system Total PFC Revenue Approved in This Total PFC Revenue Approved in This design and construction. Aircraft rescue Decision: $2,046,975. Decision: $300,545. and firefighting equipment. Earliest Charge Effective Date: Earliest Charge Effective Date: November 1, 2010. November 1, 2011. Brief Description of Project Approved Estimated Charge Expiration Date: Estimated Charge Expiration Date: for Collection and Use at a $3.00 PFC December 1, 2015. August 1, 2014. Level: PFC implementation and Class of Air Carriers Not Required To Class of Air Carriers Not Required To administrative costs. Collect PFC’s: None. Collect PFC’s: None. Brief Description of Projects Partially Brief Description of Projects Approved Brief Description of Projects Approved Approved for Collection and Use at a for Collection and Use: Apron for Collection and Use: Acquire runway $3.00 PFC Level: Parallel runway 6R/ construction. Aircraft rescue and broom. Taxiway Alpha rehabilitation 24L and air traffic control tower design firefighting vehicle. Conduct wildlife design. Acquire passenger boarding and permitting. study. Snow removal equipment. ramp. Acquire 1,500 gallon aircraft Terminal building expansion. Enhanced Determination: Partially approved. rescue and firefighting vehicle. Cargo taxiway centerline markings. Security The FAA determined that portions of master plan. Rehabilitate taxiway fence. PFC administration. the proposed project were not justified Alpha. Rehabilitate taxiway Alpha Decision Date: September 1, 2010. at this time. Passenger terminal For Further Information Contact: design. Installation of common-use improvements. Chris Schaffer, Denver Airports District passenger jetway. Rehabilitation of Determination: Partially approved. Office, (303) 342–1258. aircraft parking ramp. Security The FAA determined that the portions upgrades. Rehabilitation of aircraft Public Agency: City of Long Beach, of the proposed project related to the parking ramp design. Airport layout California. solar energy project were not eligible. plan. Airport security enhancements. Application Number: 10–05–C–00– Mitigation park enhancements/ Acquire chemical spreader/acquire LGB. expansion and environmental Application Type: Impose and use a airfield friction decelerometer. compliance programs. Brief Description of Disapproved PFC. Determination: Partially approved. Project: 9/11 security. PFC Level: $4.50. The FAA determined that the automated Determination: Disapproved. The Total PFC Revenue Approved in This permit tracking system, best FAA determined that this project did Decision: $10,845,000. management practices and cleanup, not meet the requirements of Earliest Charge Effective Date: environmental remediation of the RSW § 158.15(b). September 1, 2025. rental car quick turn-around facility, Decision Date: September 10, 2010. Estimated Charge Expiration Date: and cleanup of contaminated soils were January 1, 2027. For Further Information Contact: Chris Schaffer, Denver Airports District not PFC-eligible. Master planning and Class of Air Carriers Not Required To noise studies. Collect PFC’s: Non-scheduled/on- Office, (303) 342–1258. Determination: Partially approved. demand air carriers filing FAA Form Public Agency: Lee County Port The FAA determined that the purchase 1800–31. Authority, Fort Myers, Florida. Determination: Approved. Based on Application Number: 10–07–C–00– and installation of a digital document information contained in the public RSW. management and reporting system and agency’s application, the FAA has Application Type: Impose and use a the purchase of project management and determined that the approved class PFC. reporting software and systems are not accounts for less than 1 percent of the PFC Level: $4.50. PFC eligible. total annual enplanements at Long Total PFC Revenue Approved in This Decision Date: September 22, 2010. Beach/Daughterty Field Airport. Decision: $51,877,571. For Further Information Contact: Brief Description of Projects Approved Earliest Charge Effective Date: Susan Moore, Orlando Airports District for Collection and Use: Airfield February 1, 2015. Office, (407) 812–6331.

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AMENDMENTS TO PFC APPROVALS

Original Amended Amendment Original Amended estimated estimated Amendment No., city, state approved dated approved net approved net charge exp. charge exp. PFC revenue PFC revenue date date

97–04–C–01–ACV, Arcata, CA ...... 07/27/10 $1,482,300 $1,084,184 06/01/03 06/01/03 02–08–C–05–CVG, Covington, KY ...... 09/07/10 213,098,000 212,737,000 05/01/09 05/01/09 05–09–C–07–CVG, Covington, KY ...... 09/07/10 38,846,000 36,676,000 06/01/11 11/01/10 06–10–C–04–CVG, Covington, KY ...... 09/07/10 42,402,000 35,499,000 07/01/12 11/01/13 07–11–C–02–CVG, Covington, KY ...... 09/07/10 3,590,000 3,601,000 09/01/12 03/01/14 09–12–C–01–CVG, Covington, KY ...... 09/07/10 26,249,000 21,455,000 09/01/14 01/01/16 07–05–C–01–YNG, Youngstown, OH ...... 09/10/10 441,000 312,696 09/01/12 05/01/11 05–07–C–03–FLL,Fort Lauderdale, FL ...... 09/15/10 110,428,401 111,243,201 11/01/08 11/01/08 08–09–C–01–FLL, Fort Lauderdale, FL ...... 09/16/10 143,826,944 100,826,944 10/01/12 11/01/11 00–03–C–02–BIL, Billings, MT ...... 09/16/10 5,163,262 3,278,253 10/01/05 04/01/04 05–04–C–01–BIL, Billings, MT ...... 09/16/10 3,300,000 3,285,586 05/01/07 04/01/07 05–08–C–02–BGM, Binghamton, NY ...... 09/16/10 1,360,195 1,361,418 02/01/08 02/01/08 08–10–C–01–BGM, Binghamton, NY ...... 09/16/10 1,047,455 1,634,297 10/01/10 03/01/12 08–11–C–01–BGM, Binghamton, NY ...... 09/16/10 149,796 165,264 08/01/12 09/01/12 09–12–C–01–BGM, Binghamton, NY ...... 09/16/10 15,421 15,421 09/01/12 10/01/12 10–13–C–01–BGM, Binghamton, NY ...... 09/16/10 492,974 792,974 07/01/12 04/01/14 09–10–C–01–FLL, Fort Lauderdale, FL ...... 09/23/10 223,211,000 227,729,300 03/01/17 04/01/17

Issued in Washington, DC, on October 5, www.treas.gov/ofac) or via facsimile a person designated pursuant to the 2010. through a 24-hour fax-on-demand Kingpin Act; or (3) playing a significant Joe Hebert, service, tel.: (202) 622–0077. role in international narcotics Manager, Financial Analysis and Passenger trafficking. Background Facility Charge Branch. On October 19, 2010, the Director of [FR Doc. 2010–25994 Filed 10–22–10; 8:45 am] The Kingpin Act became law on OFAC designated one individual whose BILLING CODE 4910–13–M December 3, 1999. The Kingpin Act property and interests in property are establishes a program targeting the blocked pursuant to section 805(b) of activities of significant foreign narcotics the Foreign Narcotics Kingpin DEPARTMENT OF THE TREASURY traffickers and their organizations on a Designation Act. worldwide basis. It provides a statutory The listing of the individual is as Office of Foreign Assets Control framework for the President to impose follows: sanctions against significant foreign 1. VALENCIA COSSIO, Guillermo Additional Designations, Foreign narcotics traffickers and their Leon; DOB 24 Jun 1958; Cedula No. Narcotics Kingpin Designation Act organizations on a worldwide basis, 70115707 (Colombia) (individual) with the objective of denying their [SDNTK]. AGENCY: Office of Foreign Assets businesses and agents access to the U.S. Dated: October 19, 2010. Control, Treasury. financial system and the benefits of ACTION: Notice. trade and transactions involving U.S. Adam J. Szubin, companies and individuals. Director, Office of Foreign Assets Control. SUMMARY: The Treasury Department’s The Kingpin Act blocks all property [FR Doc. 2010–26819 Filed 10–22–10; 8:45 am] Office of Foreign Assets Control and interests in property, subject to U.S. BILLING CODE 4810–AL–P ‘‘ ’’ ( OFAC ) is publishing the name of one jurisdiction, owned or controlled by individual whose property and interests significant foreign narcotics traffickers in property has been blocked pursuant as identified by the President. In DEPARTMENT OF THE TREASURY to the Foreign Narcotics Kingpin addition, the Secretary of the Treasury Designation Act (‘‘Kingpin Act’’) (21 consults with the Attorney General, the Office of Foreign Assets Control U.S.C. 1901–1908, 8 U.S.C. 1182). Director of the Central Intelligence DATES: The designation by the Director Additional Designations, Foreign Agency, the Director of the Federal Narcotics Kingpin Designation Act of OFAC of one individual identified in Bureau of Investigation, the this notice pursuant to section 805(b) of Administrator of the Drug Enforcement AGENCY: Office of Foreign Assets the Kingpin Act is effective on October Administration, the Secretary of Control, Treasury. 19, 2010. Defense, the Secretary of State, and the ACTION: Notice. FOR FURTHER INFORMATION CONTACT: Secretary of Homeland Security when Assistant Director, Compliance designating and blocking the property SUMMARY: The Treasury Department’s Outreach & Implementation, Office of and interests in property, subject to U.S. Office of Foreign Assets Control Foreign Assets Control, Department of jurisdiction, of persons who are found (‘‘OFAC’’) is publishing the names of 2 the Treasury, Washington, DC 20220, to be: (1) Materially assisting in, or entities whose property and interests in tel.: 202/622–2490. providing financial or technological property are blocked pursuant to the SUPPLEMENTARY INFORMATION: support for or to, or providing goods or Foreign Narcotics Kingpin Designation services in support of, the international Act (‘‘Kingpin Act’’) (21 U.S.C. 1901– Electronic and Facsimile Availability narcotics trafficking activities of a 1908, 8 U.S.C. 1182). This document and additional person designated pursuant to the DATES: As of October 19, 2010 the information concerning OFAC are Kingpin Act; (2) owned, controlled, or Director of OFAC is publicly identifying available on OFAC’s Web site (http:// directed by, or acting for or on behalf of, in this notice 2 entities that are blocked

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pursuant to section 805(b) of the Registration Document # L00000010931 Additionally, please send a copy of Kingpin Act because they are owned or (United States); US FEIN 030510902 your comments to OCC Desk Officer, controlled by a specially designated (United States); (ENTITY) [SDNTK]. 1557–0176, by mail to U.S. Office of narcotics trafficker. 2. LA HACIENDA (USA), LLC, Miami, Management and Budget, 725 17th FOR FURTHER INFORMATION CONTACT: FL, United States; Business Registration Street, NW., #10235, Washington, DC Assistant Director, Compliance Document # L99000003231 (United 20503, or by fax to (202) 395–6974. Outreach & Implementation, Office of States); US FEIN 650964520 (United FOR FURTHER INFORMATION CONTACT: You Foreign Assets Control, Department of States); (ENTITY) [SDNTK]. may request additional information or a the Treasury, Washington, DC 20220, Dated: October 19, 2010. copy of the collection and supporting tel.: 202/622–2490. Adam J. Szubin, documentation submitted to OMB by SUPPLEMENTARY INFORMATION: Director, Office of Foreign Assets Control. contacting: Mary H. Gottlieb, (202) 874– 5090, Legislative and Regulatory Electronic and Facsimile Availability [FR Doc. 2010–26821 Filed 10–22–10; 8:45 am] BILLING CODE 4811–45–P Activities Division, Office of the This document and additional Comptroller of the Currency, 250 E information concerning OFAC are Street, SW., Washington, DC 20219. available on OFAC’s Web site (http:// DEPARTMENT OF THE TREASURY SUPPLEMENTARY INFORMATION: www.treas.gov/ofac) or via facsimile Title: Record and Disclosure through a 24-hour fax-on demand Office of the Comptroller of the Requirements—FRB Regulations B, E, service, tel.: (202) 622–0077. Currency M, Z, CC, and DD. Background OMB Control No.: 1557–0176. Agency Information Collection Type of Review: Regular review. The Kingpin Act became law on Activities: Submission for OMB Description: This information December 3, 1999. The Kingpin Act Review; Comment Request collection covers the Board of Governors establishes a program targeting the of the Federal Reserve System’s (FRB) activities of significant foreign narcotics AGENCY: Office of the Comptroller of the Currency (OCC), Treasury. Regulations B, C, E, M, Z, CC, and DD. traffickers and their organizations on a The FRB Regulations include the ACTION: Notice and request for comment. worldwide basis with the objective of following provisions: denying their businesses and agents SUMMARY: The OCC, as part of its access to the U.S. financial system and Reg B—12 CFR Part 202—Equal Credit continuing effort to reduce paperwork Opportunity to the benefits of trade and transactions and respondent burden, invites the involving U.S. companies and general public and other Federal This regulation prohibits lenders from individuals. agencies to comment on the renewal of discriminating against credit applicants, The Kingpin Act blocks all property an information collection, as required establishes guidelines for gathering and and interests in property, subject to U.S. by the Paperwork Reduction Act of evaluating information about personal jurisdiction, owned or controlled by 1995. An agency may not conduct or characteristics in applications for significant foreign narcotics traffickers sponsor, and a respondent is not certain dwelling-related loans, requires as identified by the President. In required to respond to, an information lenders to provide applicants with addition, the Secretary of the Treasury collection unless it displays a currently copies of appraisal reports in may in consultation with the Attorney valid Office of Management and Budget connection with credit transactions, and General, the Director of the Central (OMB) control number. The OCC is requires written notification of action Intelligence Agency, the Director of the soliciting comment concerning an taken on a credit application. Federal Bureau of Investigation, the information collection titled, ‘‘Record Administrator of the Drug Enforcement Reg C—12 CFR Part 203—Home and Disclosure Requirements—FRB Administration, the Secretary of Mortgage Disclosure Regulations B, E, M, Z, CC, and DD.’’ Defense, the Secretary of State, and the The OCC also gives notice that is has This regulation requires certain Secretary of Homeland Security, sent the collection to OMB for review. mortgage lenders to report certain home designate and block the property and loan application information and to interests in property, subject to U.S. DATES: Comments must be submitted on or before November 24, 2010. disclose certain data regarding their jurisdiction, of persons he determines to home mortgage lending. be: (1) Materially assisting in, or ADDRESSES: Communications Division, providing financial or technological Office of the Comptroller of the Reg E—12 CFR Part 205—Electronic support for or to, or providing goods or Currency, Mailstop 2–3, Attention: Fund Transfers services in support of, the international 1557–0176, 250 E Street, SW., This regulation establishes the rights, narcotics trafficking activities of a Washington, DC 20219. In addition, liabilities, and responsibilities of parties person designated pursuant to the comments may be sent by fax to (202) in electronic fund transfers and offers Kingpin Act; (2) owned, controlled, or 874–5274, or by electronic mail to protections to consumers when they use directed by, or acting for or on behalf of, [email protected]. You may such systems. a person designated pursuant to the personally inspect and photocopy Kingpin Act; or (3) playing a significant comments at the OCC, 250 E Street, Reg M—12 CFR Part 213—Consumer role in international narcotics SW., Washington, DC 20219. For Leasing trafficking. security reasons, the OCC requires that This regulation implements the On October 19, 2010, OFAC identified visitors make an appointment to inspect consumer leasing provisions of the 2 entities that are blocked pursuant to comments. You may do so by calling Truth in Lending Act by requiring section 805(b) of the Foreign Narcotics (202) 874–4700. Upon arrival, visitors meaningful disclosure of leasing terms. Kingpin Designation Act. will be required to present valid The list of these blocked entities is as government-issued photo identification Reg Z—12 CFR Part 226—Truth in follows: and to submit to security screening in Lending 1. RUNNING BROOK, LLC (USA), order to inspect and photocopy This regulation prescribes uniform Miami, FL, United States; Business comments. methods for computing the cost of

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credit, disclosing credit terms and costs, DEPARTMENT OF THE TREASURY Section 1 of the Order blocks, with and resolving errors on certain types of certain exceptions, all property and credit accounts. Office of Foreign Assets Control interests in property that are in or hereafter come within the United States Reg CC—12 CFR Part 229—Availability Designation of Two Individuals or the possession or control of United of Funds and Collection of Checks Pursuant to Executive Order 13224 States persons, of: (1) Foreign persons listed in the Annex to the Order; This regulation establishes timeframes AGENCY: Office of Foreign Assets (2) foreign persons determined by the to govern the availability of funds Control, Treasury. Secretary of State, in consultation with deposited in checking accounts, rules to ACTION: Notice. the Secretary of the Treasury, the govern the collection and return of SUMMARY: The Treasury Department’s Secretary of the Department of checks, and general provisions to govern Office of Foreign Assets Control Homeland Security and the Attorney the use of substitute checks. (‘‘OFAC’’) is publishing the names of two General, to have committed, or to pose Reg DD—12 CFR Part 230—Truth in newly-designated individuals whose a significant risk of committing, acts of Savings property and interests in property are terrorism that threaten the security of blocked pursuant to Executive Order U.S. nationals or the national security, This regulation requires depository 13224 of September 23, 2001, ‘‘Blocking foreign policy, or economy of the United institutions to provide disclosures Property and Prohibiting Transactions States; (3) persons determined by the sufficient to enable consumers to make With Persons Who Commit, Threaten To Director of OFAC, in consultation with informed comparisons about accounts at Commit, or Support Terrorism.’’ the Departments of State, Homeland depository institutions. DATES: The designation by the Director Security and Justice, to be owned or controlled by, or to act for or on behalf Affected Public: Businesses or other of OFAC of the two individuals of those persons listed in the Annex to for-profit. identified in this notice, pursuant to Executive Order 13224, is effective on the Order or those persons determined Burden Estimates: October 20, 2010. to be subject to subsection 1(b), 1(c), or 1(d)(i) of the Order; and (4) except as Estimated Number of Respondents: FOR FURTHER INFORMATION CONTACT: 1,650. provided in section 5 of the Order and Assistant Director, Compliance after such consultation, if any, with Estimated Number of Responses: Outreach & Implementation, Office of foreign authorities as the Secretary of 1,650. Foreign Assets Control, Department of State, in consultation with the Secretary Estimated Annual Burden: 3,899,275 the Treasury, Washington, DC 20220, of the Treasury, the Secretary of the hours. tel.: 202/622–2490. Department of Homeland Security and SUPPLEMENTARY INFORMATION: Frequency of Response: On occasion. the Attorney General, deems Electronic and Facsimile Availability appropriate in the exercise of his Comments: A 60-Day Federal Register discretion, persons determined by the notice was published on July 22, 2010 This document and additional Director of OFAC, in consultation with (75 FR 42825. No comments were information concerning OFAC are the Departments of State, Homeland received. Comments continue to be available from OFAC’s Web site (http:// Security and Justice, to assist in, invited on: www.treas.gov/ofac) or via facsimile sponsor, or provide financial, material, (a) Whether the collection of through a 24-hour fax-on-demand or technological support for, or financial information is necessary for the proper service, tel.: 202/622–0077. or other services to or in support of, performance of the functions of the Background such acts of terrorism or those persons listed in the Annex to the Order or OCC, including whether the information On September 23, 2001, the President has practical utility; determined to be subject to the Order or issued Executive Order 13224 (the to be otherwise associated with those (b) The accuracy of the OCC’s ‘‘Order’’) pursuant to the International persons listed in the Annex to the Order estimate of the information collection Emergency Economic Powers Act, 50 or those persons determined to be burden; U.S.C. 1701–1706, and the United subject to subsection 1(b), 1(c), or 1(d)(i) (c) Ways to enhance the quality, Nations Participation Act of 1945, 22 of the Order. utility, and clarity of the information to U.S.C. 287c. In the Order, the President On October 20, 2010 the Director of be collected; declared a national emergency to OFAC, in consultation with the address grave acts of terrorism and Departments of State, Homeland (d) Ways to minimize the burden of threats of terrorism committed by Security, Justice and other relevant the collection on respondents, including foreign terrorists, including the agencies, designated, pursuant to one or through the use of automated collection September 11, 2001, terrorist attacks in more of the criteria set forth in techniques or other forms of information New York, Pennsylvania, and at the subsections 1(b), 1(c) or 1(d) of the technology; and Pentagon. The Order imposes economic Order, two individuals whose property (e) Estimates of capital or start-up sanctions on persons who have and interests in property are blocked costs and costs of operation, committed, pose a significant risk of pursuant to Executive Order 13224. maintenance, and purchase of services committing, or support acts of terrorism. The designees are as follows: to provide information. The President identified in the Annex to 1. ALIZAI, Haji Agha Jan (a.k.a. the Order, as amended by Executive ALIZAI, Agha Jan), Musa Qala, Dated: October 18, 2010. Order 13268 of July 2, 2002, 13 Helmand, Afghanistan; Dand Chowk, Michele Meyer, individuals and 16 entities as subject to Kandahar City, Afghanistan; DOB 15 Assistant Director, Legislative and Regulatory the economic sanctions. The Order was Oct 1963; alt. DOB 14 Feb 1973; alt. Activities Division, Office of the Comptroller further amended by Executive Order DOB 1957; POB Khandahar, of the Currency. 13284 of January 23, 2003, to reflect the Afghanistan; alt. POB Helmand, [FR Doc. 2010–26800 Filed 10–22–10; 8:45 am] creation of the Department of Homeland Afghanistan; nationality Afghanistan BILLING CODE 4810–33–P Security. (individual) [SDNTK] [SDGT]

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2. KAKAR, Saleh Mohammad (a.k.a. Colombia and the harm that they cause DE COLOMBIA S.A., Bogota, Colombia; ‘‘SALEH MOHAMMAD’’); DOB 1962; in the United States and abroad. c/o DECAFARMA S.A., Bogota, POB Nulgham Village, Panjwai District, Section 1 of the Order blocks, with Colombia; c/o DROCARD S.A., Bogota, Kandahar, Afghanistan; nationality certain exceptions, all property and Colombia; c/o DROMARCA Y CIA. Afghanistan (individual) [SDGT] interests in property that are in the S.C.S., Bogota, Colombia; c/o Dated: October 20, 2010. United States, or that hereafter come MATERIAS PRIMAS Y SUMINISTROS within the United States or that are or Adam J. Szubin, S.A., Bogota, Colombia; DOB 13 May hereafter come within the possession or 1971; Cedula No. 52071011 (Colombia); Director, Office of Foreign Assets Control. control of United States persons, of: Passport 52071011 (Colombia) [FR Doc. 2010–26809 Filed 10–22–10; 8:45 am] (1) The persons listed in an Annex to (individual) [SDNT]. BILLING CODE 4810–AL–P the Order; (2) any foreign person 6. DIAZ SANCHEZ, Alberto, Carrera determined by the Secretary of 66 No. 5–23, Cali, Colombia; c/o Treasury, in consultation with the CONCRETOS CALI S.A., Cali, DEPARTMENT OF THE TREASURY Attorney General and Secretary of State: Colombia; c/o CONSTRUCTORA Office of Foreign Assets Control (a) To play a significant role in DIMISA LTDA., Cali, Colombia; c/o international narcotics trafficking INMOBILIARIA U.M.V. S.A., Cali, Unblocking of Specially Designated centered in Colombia; or (b) to Colombia; DOB 2 Jan 1956; Cedula No. Nationals and Blocked Persons materially assist in, or provide financial 16259623 (Colombia) (individual) Pursuant to Executive Order 12978 or technological support for or goods or [SDNT]. services in support of, the narcotics 7. HUERTAS RAMIREZ, Jorge Luis, AGENCY: Office of Foreign Assets trafficking activities of persons c/o REPRESENTACIONES Y Control, Treasury. designated in or pursuant to the Order; DISTRIBUCIONES HUERTAS Y ACTION: Notice. and (3) persons determined by the ASOCIADOS S.A., Bogota, Colombia; Secretary of the Treasury, in c/o DECAFARMA S.A., Bogota, SUMMARY: The Department of the consultation with the Attorney General Colombia; c/o LABORATORIOS Treasury’s Office of Foreign Assets and the Secretary of State, to be owned KRESSFOR DE COLOMBIA S.A., Control (‘‘OFAC’’) is publishing the or controlled by, or to act for or on Bogota, Colombia; names of eighteen individuals whose behalf of, persons designated pursuant c/o PRODUCTOS GALO Y CIA. LTDA., property and interests in property have to the Order. Bogota, Colombia; DOB 2 Apr 1951; been unblocked pursuant to Executive On October 19, 2010 the Director of Cedula No. 19134241 (Colombia); Order 12978 of October 21, 1995, OFAC removed from the SDN List the Passport 19134241 (Colombia) Blocking Assets and Prohibiting eighteen individuals listed below, (individual) [SDNT]. Transactions With Significant Narcotics whose property and interests in 8. JURADO CARDONA, Diego Maria, Traffickers. property were blocked pursuant to the c/o MACROFARMA S.A., Pereira, DATES: The unblocking and removal Order: Colombia; c/o FARMALIDER S.A., Cali, from the list of Specially Designated 1. ARCE GARCIA, Rodrigo Alberto, Colombia; Cedula No. 7526942 Nationals and Blocked Persons (‘‘SDN c/o AGRO MASCOTAS S.A., Bogota, (Colombia); Passport 7526942 List’’) of the individuals identified in Colombia; DOB 9 Jun 1963; Cedula No. (Colombia) (individual) [SDNT]. this notice whose property and interests 16699556 (Colombia); Passport 9. LAVERDE GOMEZ, German, c/o in property were blocked pursuant to 16699556 (Colombia) (individual) CONSTRUCTORA ALTOS DEL RETIRO Executive Order 12978 of October 21, [SDNT]. LTDA., Bogota, Colombia; DOB 20 Apr 1995, is effective on October 19, 2010. 2. BARRIOS SENIOR, Jario Ascanio, 1956; Cedula No. 79140380 (Colombia) FOR FURTHER INFORMATION CONTACT: c/o PENTACOOP LTDA., Bogota, (individual) [SDNT]. Assistant Director, Compliance Colombia; DOB 18 Jun 1962; Cedula No. 10. MORALES ROBLEDO, Nicolas Outreach & Implementation, Office of 8723099 (Colombia) (individual) Abdul, c/o AGRO MASCOTAS S.A., Foreign Assets Control, Department of [SDNT]. Bogota, Colombia; Cedula No. 16686544 the Treasury, Washington, DC 20220, 3. CARO PEREZ, Maria Eugenia, c/o (Colombia); Passport 16686544 tel.: 202/622–2490. COMEDICAMENTOS S.A., Bogota, (Colombia) (individual) [SDNT]. SUPPLEMENTARY INFORMATION: Colombia; c/o FOGENSA S.A., Bogota, 11. MORAN GUERRERO, Mario Colombia; c/o GLAJAN S.A., Bogota, Fernando, c/o PENTACOOP LTDA., Electronic and Facsimile Availability Colombia; DOB 17 Sep 1971; Cedula No. Bogota, Colombia; c/o PENTA PHARMA This document and additional 52583651 (Colombia); Passport DE COLOMBIA S.A., Bogota, Colombia; information concerning OFAC are 52583651 (Colombia) (individual) c/o COINTERCOS S.A., Bogota, available from OFAC’s Web site [SDNT]. Colombia; c/o LABORATORIOS (http://www.treas.gov/ofac) or via 4. CASTANEDA QUINTERO, Luis KRESSFOR, Bogota, Colombia; DOB 17 facsimile through a 24-hour fax-on- Alberto, c/o FARMACOOP, Bogota, Mar 1965; Cedula No. 12983857 demand service at (202) 622–0077. Colombia; c/o PENTACOOP LTDA., (Colombia) (individual) [SDNT]. Bogota, Colombia; 12. PARRA RESTREPO, Diego, c/o Background c/o PENTA PHARMA DE COLOMBIA AGRO MASCOTAS S.A., Bogota, On October 21, 1995, the President, S.A., Bogota, Colombia; c/o Colombia; Cedula No. 6089400 invoking the authority, inter alia, of the LABORATORIOS KRESSFOR DE (Colombia); Passport 6089400 International Emergency Economic COLOMBIA S.A., Bogota, Colombia; (Colombia) (individual) [SDNT]. Powers Act (50 U.S.C. 1701–1706) c/o DECAFARMA S.A., Bogota, 13. PARRA RESTREPO, Pedro Nel, (‘‘IEEPA’’), issued Executive Order Colombia; DOB 12 Feb 1938; Cedula No. c/o AGRO MASCOTAS S.A., Bogota, 12978 (60 FR 54579, October 24, 1995) 6064977 (Colombia) (individual) Colombia; Cedula No. 1211206 (the ‘‘Order’’). In the Order, the President [SDNT]. (Colombia); Passport 1211206 declared a national emergency to deal 5. CASTANEDA RAMIREZ, Lorena (Colombia) (individual) [SDNT]. with the threat posed by significant Constanza, c/o PENTACOOP LTDA., 14. RAMIREZ DE CASTANEDA, foreign narcotics traffickers centered in Bogota, Colombia; c/o PENTA PHARMA Maria (a.k.a. RAMIREZ RAMIREZ,

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Maria), c/o PENTA PHARMA DE Nationals and Blocked Persons (‘‘SDN property were blocked pursuant to the COLOMBIA S.A., Bogota, Colombia; List’’) of the individual identified in this Kingpin Act. c/o PENTACOOP LTDA., Bogota, notice whose property and interests in 1. SANCHEZ VARILLA, Luis Manuel; Colombia; c/o DECAFARMA S.A., property were blocked pursuant to the DOB 1 Feb 1964; Cedula No. 8174649 Bogota, Colombia; DOB 8 Dec 1943; Kingpin Act, is effective on October 19, (Colombia) (individual) [SDNTK]. Cedula No. 31226330 (Colombia) 2010. Dated: October 19, 2010. (individual) [SDNT]. FOR FURTHER INFORMATION CONTACT: Adam J. Szubin, RAMIREZ RAMIREZ, Maria (a.k.a. Assistant Director, Compliance RAMIREZ DE CASTANEDA, Maria), Director, Office of Foreign Assets Control. Outreach & Implementation, U.S. [FR Doc. 2010–26808 Filed 10–22–10; 8:45 am] c/o PENTA PHARMA DE COLOMBIA Department of the Treasury, Office of BILLING CODE 4810–AL–P S.A., Bogota, Colombia; c/o Foreign Assets Control, Washington, DC PENTACOOP LTDA., Bogota, Colombia; 20220, tel.: 202/622–2420. c/o DECAFARMA S.A., Bogota, SUPPLEMENTARY INFORMATION: Colombia; DOB 8 Dec 1943; Cedula No. TENNESSEE VALLEY AUTHORITY 31226330 (Colombia) (individual) Electronic and Facsimile Availability Final Supplemental Environmental [SDNT]. This document and additional 15. RENDON RODRIGUEZ, Maria Impact Statement, Single Nuclear Unit information concerning OFAC are Fernanda, c/o DISMERCOOP, Cali, at the Bellefonte Plant Site, Jackson available from OFAC’s Web site Colombia; Cedula No. 38864017 County, AL (http://www.treas.gov/ofac) via (Colombia) (individual) [SDNT]. facsimile through a 24-hour fax-on AGENCY: Tennessee Valley Authority 16. ROJAS GALARZA, Carmen demand service at (202) 622–0077. (TVA). Amparo, Carrera 35 No. 10–130, Cali, ACTION: Notice; correction. Colombia; c/o CREDIREBAJA S.A., Cali, Background Colombia; Cedula No. 34511289 On December 3, 1999, the Kingpin SUMMARY: TVA published a record of (Colombia) (individual) [SDNT]. Act was signed into law by the decision (ROD) for the Final 17. ROJAS SALAMANCA, Myriam, President of the United States. The Supplemental Environmental Impact c/o GENERICOS ESPECIALES S.A., Kingpin Act provides a statutory Statement for a Single Nuclear Unit at Bogota, Colombia; c/o LABORATORIOS framework for the President to impose the Bellefonte Plant Site (final SEIS) on KRESSFOR DE COLOMBIA S.A., sanctions against significant foreign September 9, 2010. The location of the Bogota, Colombia; c/o LEMOFAR narcotics traffickers and their proposed nuclear plant site was stated LTDA., Bogota, Colombia; DOB 3 Apr organizations on a worldwide basis, incorrectly in the heading of the ROD. 1959; Cedula No. 35324270 (Colombia); with the objective of denying their TVA prepared the final SEIS to Passport 35324270 (Colombia) businesses and agents access to the U.S. update the extensive environmental (individual) [SDNT]. financial system and to the benefits of information and analyses that exist 18. SANCHEZ VARILLA, Luis respecting the Bellefonte site and the Manuel; DOB 1 Feb 1964; Cedula No. trade and transactions involving U.S. persons and entities. construction and operation of a nuclear 8174649 (Colombia) (individual) power plant on that site. The ROD [SDNTK]. The Kingpin Act blocks all property and interests in property, subject to U.S. documents the August 20, 2010, TVA Dated: October 19, 2010. jurisdiction, that is owned or controlled Board of Directors’ (TVA Board) Adam J. Szubin, by significant foreign narcotics approval to spend $248 million for Director, Office of Foreign Assets Control. traffickers, as identified by the engineering, design, and licensing [FR Doc. 2010–26807 Filed 10–22–10; 8:45 am] President. In addition, the Secretary of activities needed to maintain Unit 1 as BILLING CODE 4810–AL–P the Treasury consults with the Attorney a viable alternative to meet the projected General, the Director of the Central need for base load generation on the Intelligence Agency, the Director of the TVA system in 2018–2020. Bellefonte DEPARTMENT OF THE TREASURY Federal Bureau of Investigation, the Unit 1 is a partially completed 1,260- Administrator of the Drug Enforcement megawatt Babcock and Wilcox-designed Office of Foreign Assets Control Administration, the Secretary of pressurized light water reactor. It is Defense, the Secretary of State, and the anticipated that the TVA Board will be Unblocking of Specially Designated Secretary of Homeland Security when asked to approve completion and Nationals and Blocked Persons designating and blocking the property or operation of Unit 1 next year, depending Pursuant to the Foreign Narcotics interests in property, subject to U.S. on the results of a new TVA Integrated Kingpin Designation Act jurisdiction, of persons or entities who Resource Plan, which is scheduled for AGENCY: Office of Foreign Assets are found to be: (1) Materially assisting completion in spring 2011. Control, Treasury. in, or providing financial or FOR FURTHER INFORMATION CONTACT: ACTION: Notice. technological support for or to, or Ruth Horton, Senior NEPA Specialist, providing goods or services in support Environmental Permits and Compliance, SUMMARY: The Department of the of, the international narcotics trafficking Tennessee Valley Authority, 400 West Treasury’s Office of Foreign Assets activities of a person designated Summit Hill Drive, WT 11D, Knoxville, Control (‘‘OFAC’’) is publishing the pursuant to the Kingpin Act; (2) owned, Tennessee 37902–1499; telephone (865) name of one individual whose property controlled, or directed by, or acting for 632–3719 or e-mail [email protected]. and interests in property has been or on behalf of, a person designated Thomas Spink, Bellefonte AP1000 unblocked pursuant to the Foreign pursuant to the Kingpin Act; and/or (3) Licensing Manager, Nuclear Generation Narcotics Kingpin Designation Act playing a significant role in Development and Construction, (‘‘Kingpin Act’’) (21 U.S.C. 1901–1908, 8 international narcotics trafficking. Tennessee Valley Authority, 1101 U.S.C. 1182). On October 19, 2010, OFAC removed Market Street, LP 5A, Chattanooga, DATES: The unblocking and removal from the SDN List the individual listed Tennessee 37402–2801; telephone (423) from the list of Specially Designated below, whose property and interests in 751–7062 or e-mail [email protected].

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Correction Final Supplemental Environmental Dated: September 28, 2010. In the Federal Register of September Impact Statement, Single Nuclear Unit Ashok S. Bhatnagar, 9, 2010, in FR Doc. 2010–22413, on page at the Bellefonte Plant Site, Jackson Senior Vice President, Nuclear Generation 54961, in first column, correct the County, Alabama. Development and Construction. ‘‘heading’’ to read: [FR Doc. 2010–26820 Filed 10–22–10; 8:45 am] BILLING CODE 8120–08–P

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Reader Aids Federal Register Vol. 75, No. 205 Monday, October 25, 2010

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 10 CFR 3 CFR Executive orders and proclamations 741–6000 50...... 61321, 64949 The United States Government Manual 741–6000 Proclamations: 430...... 64621, 64636 8571...... 62295 Other Services 8572...... 62297 Proposed Rules: 26...... 65249 Electronic and on-line services (voice) 741–6020 8573...... 62299 30...... 62330 Privacy Act Compilation 741–6064 8574...... 62301 32...... 62330 Public Laws Update Service (numbers, dates, etc.) 741–6043 8575...... 62303 33...... 62330 TTY for the deaf-and-hard-of-hearing 741–6086 8576...... 62305 34...... 62330 8577...... 62307 35...... 62330 8578...... 62449 ELECTRONIC RESEARCH 36...... 62330 8579...... 62451 World Wide Web 37...... 62330, 62694 8580...... 62453 Full text of the daily Federal Register, CFR and other publications 39...... 62330 8581...... 63035 is located at: http://www.gpoaccess.gov/nara/index.html 51...... 62330 8582...... 63037 Federal Register information and research tools, including Public 70...... 63725 8583...... 63691 Inspection List, indexes, and links to GPO Access are located at: 71...... 62330 8584...... 63693 http://www.archives.gov/federallregister 73...... 62330, 62695 8585...... 64613 E-mail 429...... 61361, 64173 8586...... 64615 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 430...... 64173 8587...... 64617 an open e-mail service that provides subscribers with a digital 431...... 64173 8588...... 64619 form of the Federal Register Table of Contents. The digital form 433...... 63404 of the Federal Register Table of Contents includes HTML and Executive Orders: 435...... 63404 PDF links to the full text of each document. 13553...... 60567 To join or leave, go to http://listserv.access.gpo.gov and select 13554...... 62313 12 CFR 13555...... 65417 Online mailing list archives, FEDREGTOC-L, Join or leave the list 25...... 61035 (or change settings); then follow the instructions. Administrative Orders: 228...... 61035 PENS (Public Law Electronic Notification Service) is an e-mail Memorandums: 261a...... 63703 service that notifies subscribers of recently enacted laws. Memorandum of 345...... 61035 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html September 29, 563e...... 61035 and select Join or leave the list (or change settings); then follow 2010 ...... 61033 702...... 64786 the instructions. Memorandum of 703...... 64786 FEDREGTOC-L and PENS are mailing lists only. We cannot October 4, 2010 ...... 62309 704...... 64786 respond to specific inquiries. Notices: 709...... 64786 Reference questions. Send questions and comments about the Notice of October 14, 747...... 64786 Federal Register system to: [email protected] 2010 ...... 64109 1203...... 65214 The Federal Register staff cannot interpret specific documents or 1705...... 65214 regulations. 5 CFR Reminders. Effective January 1, 2009, the Reminders, including Proposed Rules: 870...... 60573 380...... 64173 Rules Going Into Effect and Comments Due Next Week, no longer 1201...... 61321 560...... 63107 appear in the Reader Aids section of the Federal Register. This Proposed Rules: 704...... 60651 information can be found online at http://www.regulations.gov. 831...... 60643 Ch. XIII...... 61653 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 841...... 60643 longer appears in the Federal Register. This information can be 842...... 60643 13 CFR found online at http://bookstore.gpo.gov/. 930...... 61998 121 ...... 61591, 61597, 61604, 1605...... 63106 62258 FEDERAL REGISTER PAGES AND DATE, OCTOBER 123...... 60588 7 CFR 60567–61034...... 1 124...... 62258 61034–61320...... 4 319...... 62455, 65213 125...... 62258 61321–61588...... 5 760...... 65423 126...... 62258 61589–61974...... 6 1219...... 61589 127...... 62258 61975–62294...... 7 2902...... 63695 134...... 62258 62295–62448...... 8 Proposed Rules: Proposed Rules: 62449–62674...... 12 6...... 62692 107...... 63110 62675–63038...... 13 205...... 62693 115...... 63419 63039–63378...... 14 319...... 62484 63379–63694...... 15 983...... 64681 14 CFR 63695–64110...... 18 989...... 63724 39 ...... 60602, 60604, 60608, 64111–64614...... 19 1217...... 61002, 61025 60611, 60614, 61046, 61337, 64615–64948...... 20 61341, 61343, 61345, 61348, 64949–65212...... 21 9 CFR 61352, 61975, 61977, 61980, 65213–65422...... 22 77...... 60586 61982, 61985, 61987, 61989, 65423–65560...... 25 94...... 65431 62319, 63039, 63040, 63042,

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63045, 63048, 63050, 63052, Proposed Rules: 1204...... 61051 52 ...... 60623, 62323, 62470, 63054, 63058, 63060, 63062, 210...... 60671 1206...... 61051 63717, 64155, 64673, 64675, 63064, 64111, 64633, 64636, 1207...... 61051 64864, 64949, 64951, 64953 65222, 65224 20 CFR 1208...... 61051 81...... 64162, 64675 71 ...... 61609, 61610, 61611, 404...... 62676 1210...... 61051 112...... 63093 61993, 62457, 62458, 62459, 416...... 62676 1212...... 61051 156...... 62323 62460, 62461, 63066, 63706, Ch. VI...... 63379 1217...... 61051 261...... 60632, 61356 63708, 63709, 65224, 65225, Proposed Rules: 1218...... 61051 271...... 65432 65226, 65227, 65228 404...... 62487 1219...... 61051 Proposed Rules: 73...... 65229 405...... 62487 1220...... 61051 26...... 62738 91...... 61612 416...... 62487 1227...... 61051 49...... 64221 97...... 63710, 63712 655...... 61578 1228...... 61051 52 ...... 61367, 61369, 62024, Proposed Rules: 701...... 63425 1229...... 61051 62026, 62354, 63139, 64235, 1...... 62640 1241...... 61051 64973 39 ...... 60655, 60659, 60661, 21 CFR 1243...... 61051 60...... 63260 1290...... 61051 60665, 60667, 60669, 61114, 522...... 62468 63...... 61662, 65068 61361, 61363, 61655, 61657, 529...... 63085 Proposed Rules: 81 ...... 60680, 62026, 64241 61999, 62002, 62005, 62331, 1306...... 61613 56...... 62024 85...... 62739 62333, 62716, 63420, 63422, 57...... 62024 86...... 62739 63727, 64681, 64960, 64963 22 CFR 70...... 64412 122...... 62358 71...... 64412 71 ...... 61660, 63730, 64965, 257...... 64974 Proposed Rules: 72...... 64412 64966, 64968, 64969, 64970, 261 ...... 60689, 62040, 64974 62...... 60674 75...... 64412 64971, 64972, 65250, 65251, 264...... 64974 90...... 64412 65253, 65254, 65255 24 CFR 265...... 64974 926...... 61366 91...... 62640 268...... 64974 117...... 62486, 63424 905...... 65198 31 CFR 271...... 64974, 65442 120...... 62640 Proposed Rules: 300...... 63140, 64976 121...... 62486, 63424 203...... 62335 1 ...... 61994, 64147, 65229 302...... 64974 135...... 62640 103...... 63382 26 CFR 600...... 62739 139...... 62008 Proposed Rules: 1 ...... 63380, 64072, 64123 1...... 62737 41 CFR 15 CFR 31...... 64072 748...... 62462 301...... 64072 32 CFR Ch. 301 ...... 63103 772...... 62675 602...... 64072 199...... 63383 301-10...... 63103 774...... 62675 Proposed Rules: 323...... 61617 301-11...... 63103 902...... 60868 1...... 64197 701...... 61618 301-50...... 63103 Proposed Rules: 301-73...... 63103 28 CFR 33 CFR 922...... 65256 42 CFR Proposed Rules: 117 ...... 61094, 62468, 62469, 16 CFR 2...... 62342 63086, 63398, 63713, 63714, 110...... 63656, 64955 1200...... 63067 65230, 65232 412...... 60640 Proposed Rules: 29 CFR 165 ...... 61096, 61099, 61354, 413...... 60640 415...... 60640 260...... 63552 2550...... 64910 61619, 62320, 63086, 63714, 424...... 60640 1450...... 65261, 65263 4022...... 63380 64147, 64670, 64673, 65232, 65236 440...... 60640 17 CFR Proposed Rules: 441...... 60640 1910...... 64216 Proposed Rules: 154...... 65152 482...... 60640 44...... 63080 1926...... 64216 200...... 62466, 64641 155...... 65152 485...... 60640 2510...... 65263 230...... 64642 156...... 65152 489...... 60640 4062...... 64683 232...... 64641 334...... 65278 4063...... 64683 Proposed Rules: 240...... 64641, 64643 84...... 65281 34 CFR 241...... 60616 30 CFR 483...... 65282 243...... 61050 Proposed Rules: 249...... 64120, 64641 Ch. III ...... 64655 668...... 63763 43 CFR 201...... 61051 274...... 64120 4...... 64655 202...... 61051 36 CFR Proposed Rules: 10...... 64655 203...... 61051 1...... 63732 2...... 64148 3100...... 61624 37...... 63732 204...... 61051 242...... 63088 38...... 63732 206...... 61051 Proposed Rules: 44 CFR 39...... 63113, 63732 207...... 61051 67...... 63428 208...... 61051 64...... 63399 40...... 63732 67...... 61358, 64165 140...... 63113 210...... 61051 37 CFR Proposed Rules: 229 ...... 62718, 64182, 65442 212...... 61051 Proposed Rules: 67 ...... 61371, 61373, 61377, 230...... 64182 217...... 61051 201 ...... 61116, 62345, 62488 62048, 62057, 62061, 62750, 240 ...... 62718, 64182, 65442 218...... 61051 38 CFR 249 ...... 62718, 64182, 65442 219...... 61051 62751 220...... 61051 275...... 63753 3...... 61356, 61995 45 CFR 227...... 61051 17...... 61621 18 CFR 228...... 61051 36...... 65238 162...... 62684 806...... 60617 229...... 61051 Proposed Rules: 170...... 62686 808...... 60617 241...... 61051 1...... 63120 46 CFR Proposed Rules: 243...... 61051 2...... 63120 35...... 62023 250...... 63346, 63610 4...... 65279 97...... 64586 260...... 61365 290...... 61051 17...... 62348 148...... 64586 1201...... 61051 389...... 62472 19 CFR 1202...... 61051 40 CFR Proposed Rules: 12...... 64654 1203...... 61051 51...... 64864 35...... 65152

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39...... 65152 48 CFR Proposed Rules: 660...... 60868, 61102 212...... 65437 195...... 63774 679 ...... 61638, 61639, 61642, 227...... 61386 62482, 63104, 63402, 64172, 47 CFR 219...... 65439 247...... 65437 531...... 62739 64956, 64957, 64958 1...... 62924 252...... 65437, 65439 533...... 62739 Proposed Rules: 2...... 62924 17...... 61664, 62070 15...... 62476, 62924 Proposed Rules: 50 CFR 25...... 62069 21...... 60691 25...... 62924 216...... 60690 17...... 62192, 63898 217...... 60694 73 ...... 62690, 62924, 63402 252...... 60690 18...... 61631 218...... 64508 79...... 61101 9903...... 64684 100...... 63088 223...... 61872 90...... 62924 223...... 65239 224...... 61872, 61904 Proposed Rules: 600...... 62326 226...... 61690 20...... 63764 49 CFR 622...... 64171 622 ...... 62488, 63780, 63786 73...... 63431, 63766 395...... 61626 635...... 62690 648...... 63791, 65442 74...... 63766 593...... 62482 648...... 63721, 64955 660...... 60709

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